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HomeMy WebLinkAbout2022.0906.TCRM.Packet       NOTICE OF MEETING REGULAR MEETING FOUNTAIN HILLS TOWN COUNCIL      Mayor Ginny Dickey Vice Mayor Gerry Friedel Councilmember Sharron Grzybowski Councilmember Alan Magazine Councilmember Peggy McMahon Councilmember Mike Scharnow Councilmember David Spelich    TIME:5:30 P.M. – REGULAR MEETING WHEN:TUESDAY, SEPTEMBER 6, 2022 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.   Notice is hereby given that pursuant to A.R.S. §1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. §1-602.A.9 have been waived.    REQUEST TO COMMENT The public is welcome to participate in Council meetings. TO SPEAK TO AN AGENDA ITEM, please complete a Request to Comment card, located in the back of the Council Chambers, and hand it to the Town Clerk prior to discussion of that item, if possible. Include the agenda item on which you wish to comment. Speakers will be allowed three contiguous minutes to address the Council. Verbal comments should be directed through the Presiding Officer and not to individual Councilmembers. TO COMMENT ON AN AGENDA ITEM IN WRITING ONLY, please complete a Request to Comment card, indicating it is a written comment, and check the box on whether you are FOR or AGAINST an agenda item, and hand it to the Town Clerk prior to discussion, if possible. TO COMMENT IN WRITING ONLINE: Please feel free to provide your comments by visiting  https://www.fh.az.gov/publiccomment and SUBMIT a Public Comment Card by 3:00 PM on the day of the meeting. These comments will be shared with the Town Council.           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: September as Ovarian Cancer Awareness Month.PRESENTED   B.RECOGNITION: Outgoing Board and Commission member John Craft, for his service on the Strategic Planning Advisory Commission. PRESENTED   5.SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS     A.PRESENTATION: Recognition of the Community Services Department - National Gold Medal Award Finalist PRESENTED   B.PRESENTATION: Economic Development - Fourth Quarter Update DISCUSSION ONLY   6.CALL TO THE PUBLIC Pursuant to A.R.S. §38-431.01(H), public comment is permitted (not required) on matters NOT listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council, and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during Call to the Public unless the matters are properly noticed for discussion and legal action. At the conclusion of the Call to the Public, individual councilmembers may (i) respond to criticism, (ii) ask staff to review a matter, or (iii) ask that the matter be placed on a future Council agenda.     7.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      Town Council Regular Meeting of September 6, 2022 2 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.   0.CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes of the Regular Meeting of June 21, 2022; Approval of the minutes for the Joint Meeting with the Fountain Hills School District Board of June 21, 2022.      A.CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for the Fountain Hills Chamber of Commerce for a beer garden in conjunction with the Fountain Festival of Arts and Crafts on November 11-13, 2022. APPROVED   B.CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for the Fountain Hills Chamber of Commerce for a  beer garden in conjunction with the Fountain Festival of Arts and Crafts on November 11-13, 2022. APPROVED   C.CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for Fountain Hills Theatre for a  beer garden in conjunction with the Fountain Hills Theater Opening Night celebration on October 14, 2022. APPROVED   D.CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for Fountain Hills Theatre for a wine garden in conjunction with the Fountain Hills Theater Opening Night celebration on November 4, 2022. APPROVED   E.CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for Fountain Hills Theatre for a wine garden in conjunction with the Fountain Hills Theater Opening Night celebration on December 2, 2022. APPROVED   F.CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for Fountain Hills Theatre for a wine garden in conjunction with the Fountain Hills Theater Opening Night celebration on January 27, 2023. APPROVED   G.CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for Fountain Hills Theatre for a wine garden in conjunction with the Fountain Hills Theater Opening Night celebration on March 3, 2023 APPROVED   H.CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for Fountain Hills Theatre for a wine garden in conjunction with the Fountain Hills Theater Opening Night celebration on March 24, 2023 APPROVED   I.CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor APPROVED    Town Council Regular Meeting of September 6, 2022 3 I.CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for Fountain Hills Theatre for a wine garden in conjunction with the Fountain Hills Theater Opening Night celebration on April 28, 2023. APPROVED   J.CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for Fountain Hills Theatre for a wine garden in conjunction with the Fountain Hills Theater Opening Night celebration on May 19, 2023. APPROVED   K.CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for Fountain Hills Theatre for a wine garden in conjunction with the Fountain Hills Theater Opening Night celebration on June 19, 2023. APPROVED   L.CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for Fountain Hills Theatre for a wine garden in conjunction with the Fountain Hills Theater fundraiser on March 6, 2023 at the Community Center. APPROVED   M.CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for Fountain Hills Theatre for a wine garden in conjunction with the Fountain Hills Theater Opening Night celebration on January 6, 2023. APPROVED   N.CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application from the Fountain Hills Community Fountain to serve alcohol at the Fluter at the Fountain Hills Community Garden event on November 5, 2022. APPROVED   O.CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-39, abandoning the 10' Public Utility and Drainage Easements along the west and south sides of 16222 N Boulder Drive (Application A22-000007)  APPROVED   8.REGULAR AGENDA     A.CONSIDERATION AND POSSIBLE ACTION to terminate the sister city status with Kasterlee, Belgium. APPROVED   B.CONSIDERATION AND POSSIBLE ACTION: Approving Professional Services Agreement 2023-032 with ASR Construction Group LLC for construction of Phase II of the Panorama Drainage Pipe. APPROVED   C.CONSIDERATION AND POSSIBLE ACTION: Approving Professional Services Agreement 2023-030, between the Town of Fountain Hills and Vincon Engineering Construction, LLC. APPROVED   D.CONSIDERATION AND POSSIBLE ACTION: Approving the First Amendment to APPROVED    Town Council Regular Meeting of September 6, 2022 4 D.CONSIDERATION AND POSSIBLE ACTION: Approving the First Amendment to Professional Services Agreement 2022-070 between the Town of Fountain Hills and Visus Engineering Construction, Inc. APPROVED   E.CONSIDERATION AND POSSIBLE ACTION: Approving the Third Amendment to Cooperative Purchasing Agreement 2020-065.3 with M. R. Tanner Development and Construction, Inc. for Pavement Preservation Treatments. APPROVED   F.CONSIDERATION AND POSSIBLE ACTION: Approving Professional Services Agreement 2022-072 A with Wood Patel & Associates for engineering design services for the design of a roundabout. POSTPONED   9.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.     10.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 ____________________, 2022. _____________________________________________  Linda G. Mendenhall, 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 September 6, 2022 5 ITEM 4. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/06/2022 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: Request to Town Council Regular Meeting (Agenda Language):  PROCLAMATION: September as Ovarian Cancer Awareness Month. Staff Summary (Background) Mayor Dickey will be proclaiming September as Ovarian Cancer Awareness Month.      WHEREAS, Ovarian cancer is one of the most common forms of cancer among women and causes more deaths than any other gynecological cancer; and   WHEREAS, It is estimated that 19,880 cases of ovarian cancer will be diagnosed this year and, that an estimated 12,810 women will lose their lives this year due to ovarian cancer in the United States; and   WHEREAS, There is no test or screening exam that can detect ovarian cancer in its early stages and only 20% of all cases are found early, meaning in stage I or II and, if the cancer is caught in stage III or higher, the survival rate can be as low as 30%; and   WHEREAS, Arizona has the sixth highest incidence and mortality rates of ovarian cancer in the American Southwest with over seventy (70%) percent of its cases being diagnosed at “late stage”; and   WHEREAS, Doctors across the country are currently conducting clinical trials and researching ovarian cancer but, for the time being, awareness through education is the best tool for early detection and an increased chance of survival; and   WHEREAS, The National Ovarian Cancer Coalition - Arizona is organizing a statewide event in September to Light Up 4 Ovarian Cancer in an effort to promote awareness about the “disease that whispers,” honor survivors, and remember lives lost by participating.   NOW, THEREFORE, I, Ginny Dickey, Mayor of the Town of Fountain Hills, Arizona, do hereby proclaim September 2022, as   OVARIAN CANCER AWARENESS MONTH   In Fountain Hills, as we light up our famous fountain in teal on September 16th – 18th to increase awareness in the community and honor those who are, or have been, effected by ovarian cancer.   Attachments Proclamation - September as Ovarian Cancer Awareness Month  Form Review Inbox Reviewed By Date Finance Director Linda Mendenhall 08/30/2022 01:03 PM Clerk Linda Mendenhall 08/30/2022 01:43 PM Form Started By: Angela Padgett-Espiritu Started On: 08/30/2022 12:46 PM Final Approval Date: 08/30/2022  Town of Fountain Hills Proclamation Ovarian Cancer Awareness Month WHEREAS, Ovarian cancer is one of the most common forms of cancer among women and causes more deaths than any other gynecological cancer; and WHEREAS, It is estimated that 19,880 cases of ovarian cancer will be diagnosed this year and, that an estimated 12,810 women will lose their lives this year due to ovarian cancer in the United States; and WHEREAS, There is no test or screening exam that can detect ovarian cancer in its early stages and only 20% of all cases are found early, meaning in stage I or II and, if the cancer is caught in stage III or higher, the survival rate can be as low as 30%; and WHEREAS, Arizona has the sixth highest incidence and mortality rates of ovarian cancer in the American Southwest with over seventy (70%) percent of its cases being diagnosed at “late stage”; and WHEREAS, Doctors across the country are currently conducting clinical trials and researching ovarian cancer but, for the time being, awareness through education is the best tool for early detection and an increased chance of survival; and WHEREAS, The National Ovarian Cancer Coalition - Arizona is organizing a statewide event in September to Light Up 4 Ovarian Cancer in an effort to promote awareness about the “disease that whispers,” honor survivors, and remember lives lost by participating. NOW, THEREFORE, I, Ginny Dickey, Mayor of the Town of Fountain Hills, Arizona, do hereby proclaim September 2022, as OVARIAN CANCER AWARENESS MONTH In Fountain Hills, as we light up our famous fountain in teal on September 16th – 18th to increase awareness in the community and honor those who are, or have been, effected by ovarian cancer. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the Town of Fountain Hills, Arizona to be affixed this 6th day of September 2022. ______________________________________ Ginny Dickey, Mayor ATTEST: _______________________________ Linda Mendenhall, Town Clerk ITEM 5. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/06/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Public Appearances/Presentations                   Submitting Department: Community Services Prepared by: Patti Lopuszanski, Executive Assistant Staff Contact Information: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language):  PRESENTATION: Recognition of the Community Services Department - National Gold Medal Award Finalist Staff Summary (Background) The Fountain Hills Community Services Department is once again a finalist for the Gold Medal Award Program. Founded in 1965, the Gold Medal Awards Program honors communities in the United States that demonstrate excellence in parks and recreation through long-range planning, resource management, volunteerism, environmental stewardship, program development, professional development and agency recognition. Applications are separated into seven classes, with five classes based on population, one class for armed forces recreation and one class, awarded in odd numbered years, for state park systems.  Agencies are judged on their ability to address the needs of those they serve through the collective energy of community members, staff and elected officials. Four finalists in each class are chosen to compete for grand honors each year. The National Gold Medal Award Program is a partnership of the American Academy for Park and Recreation Administration ( AAPRA ) and the National Recreation and Park Association (NRPA).  In announcing the 2022 National Gold Medal Finalists, AAPRA Executive Director Jane H. Adams shared, “Each finalist is commended for receiving this prestigious award. We know local communities and military installations worldwide continue to meet the demands of delivering services during the COVID 19 pandemic which included increased visitations to trails, parks, playgrounds, and greenways. Park visitors and program participants rely upon their service providers for physical, mental, and emotional support during this continuing pandemic. The Academy congratulates each finalist for their management excellence during this unprecedented time.” A panel of five park and recreation professionals reviews and judges all application materials. Judges are chosen for their considerable experience and knowledge of parks and recreation, both locally and nationally.  This year’s finalists will compete for the Grand Plaque Award, and the seven Grand Plaque recipients will be announced at the 2022 NRPA Annual Conference in Phoenix, AZ, Sept. 20-22, 2022. Attachments Gold Medal Finalist Presentation  Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 08/24/2022 05:28 PM Town Attorney Aaron D. Arnson 08/25/2022 10:41 AM Town Manager Grady E. Miller 08/25/2022 05:34 PM Form Started By: Patti Lopuszanski Started On: 07/20/2022 04:17 PM Final Approval Date: 08/25/2022  2021 - 2022 WHO WE ARE To enrich and provide an active quality of life for all residents and visitors through proactive community engagement, resolute stewardship of amenities and open spaces, and the enhancement of the overall health and well-being of our town. M I S S I O N Provide recreation that inspires personal growth, healthy lifestyles, and a sense of community. Expand and strengthen outdoor experiences and opportunities to contribute to the region’s. attractiveness as a place to live, work, and play. Optimize safe utilization of facilities, amenities, and open space. Actively seek progressive, future- oriented options for funding, operations, and programs. Embrace a collaborative spirit and support teamwork within the department and the community. C O M M I T M E N T BOARDS & COMMISSIONS M A Y O R 'S Y O U T H C O U N C I L189 SERVICE HOURS 150 IN ATTENDANCE AT TEEN TAKEOVER EVENT '21 - '22 MYC MEMBERS09 '22 - '23 MYC MEMBERS15 C O M M U N I T Y S E R V I C E A D V I S O R Y C O M M I S S I O N NATALIE VARELA CHAIR CAREY REDDICK II VICE CHAIR CRAIG RUDOLPHY COMMISSIONER RON RUPPERT COMMISSIONER RORY WILSON COMMISSIONER STEPHEN BARNES COMMISSIONER M C D O W E L L M O U N T A I N P R E S E R V A T I O N C O M M I S S I O N SCOTT GRZYBOWSKI CHAIR STEVEN NURNEY VICE CHAIR JANICE HOLDEN COMMISSIONER SHERRY IRWIN COMMISSIONER DJ WILLARD COMMISSIONER BILL CRAIG COMMISSIONER C E R T I F I C A T E S A N D T R A I N I N G S KADE NELSON, SENIOR RECREATION COORDINATOR - Certified Park and Recreation Professional (CPRP) Certification - AGTS Supervisor's Academy KIM WICKLAND, VOLUNTEER COORDINATOR - AGTS Supervisor's Academy AWARDS & CERTIFICATES NATIONAL GOLD MEDAL AWARD FINALIST FOR EXCELLENCE IN THE FIELD OF PARKS AND RECREATION MANAGEMENT 2021 AND 2022 RETURN TO RECESS 2021APRA OUTSTANDING SPORTS PROGRAM AWARD I N V O L V E M E N T I N A P R A RACHAEL GOODWIN PRESIDENT JAN 2022 - PRESENT PRESIDENT - ELECT EXECUTIVE BOARD JAN 2021 - DEC 2021 LINDA AYRES PRESIDENT JAN 2021 - DEC 2021 EXECUTIVE BOARD KADE NELSON YOUNG PROFESSIONALS CHAIR JAN 2021 - PRESENT BOARD MEMBER TEAMS COACHJAN 2022 - PRESENT PARK ENHANCEMENTS BY THE NUMBERS 200+ NEWLY PLANTED VEGETATION AND TREES 27 $65,600 TOTAL TOURNAMENT AND FIELD RENTAL REVENUE AT GEP TOURNAMENTS HOSTED SPECIAL EVENTS BY THE NUMBERS 6 NEW COMMUNITY AND SPECIAL EVENTS 20 31,000 ESTIMATED ATTENDANCE AT TOWN-WIDE COMMUNITY AND SPECIAL EVENTS SPOOKY BLAST, DAY OF PLAY, ROLL IN THE GLOW, CONCERTS ON THE AVENUE, SKATEBOARD CLASSIC, AND RECREATE, RECYCLE TOWN PROVIDED COMMUNITY AND SPECIAL EVENTS COMMUNITY CENTER BY THE NUMBERS 282 OPERATIONAL DAYS WITH THE REOPENING OF THE NEW CENTER ON OCTOBER 4, 2021 186 30,000 SQUARE F00T FACILITY NEWLY RENOVATED RESERVATION PERMITS: SINGLE DAY AND RECURRING RENTALS SENIOR SERVICES BY THE NUMBERS 4,178 HOME DELIVERED MEALS COORDINATED THROUGH THE SENIOR SERVICES DIVISION 1,133 22,355 PARTICIPATION IN MEMBERSHIP AND TOWN-PARTNERED PROGRAM MEMBERS OF THE COMMUNITY CENTER VOLUNTEER SERVICES BY THE NUMBERS 1,600 SERVICE HOURS CONTRIBUTED ON MAKE A DIFFERENCE DAY 452 576 CARE CARDS CREATED AND DELIVERED FOUNTAIN HILLS VOLUNTEERS RECREATION BY THE NUMBERS 1,218 TOTAL NUMBER OF RECREATION PARTICIPANTS 21 506 PROGRAMS OFFERED NEW PROGRAMS OFFERED GOLD MEDAL FINALIST The 2022 National Gold Medal Award winners will be announced at the 2022 NRPA Conference in Phoenix, Arizona on Tuesday, September 20. ITEM 5. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/06/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Public Appearances/Presentations                   Submitting Department: Administration Prepared by: Amanda Jacobs, Economic Development Director Staff Contact Information: Amanda Jacobs, Economic Development Director Request to Town Council Regular Meeting (Agenda Language):  PRESENTATION: Economic Development - Fourth Quarter Update  Staff Summary (Background) Economic Development Director Amanda Jacobs will be presenting a fourth quarter (April 1, 2022 - June 30, 2022) economic development update to the Town Council at its meeting on September 6, 2022.  The presentation will include updates on business attraction, business retention and expansion, marketing, advertising, tourism, strategic partnerships and grant funding.   Attachments EcDev 4th Quarter Report  Form Review Inbox Reviewed By Date Finance Director David Pock 08/24/2022 04:18 PM Town Attorney Aaron D. Arnson 08/25/2022 10:41 AM Town Manager Grady E. Miller 08/25/2022 05:25 PM Form Started By: Amanda Jacobs Started On: 08/04/2022 04:07 PM Final Approval Date: 08/25/2022  TOWN OF FOUNTAIN HILLS WWW.FOUNTAINHILLSAZ.GOV Economic Development Fourth Quarter Update Presented by: Amanda Jacobs, Economic Development Director WWW.FOUNTAINHILLSAZ.GOV Business Attraction •Chill Boutique •Estate Interiors •Property Owner/Commercial Broker Connections WWW.FOUNTAINHILLSAZ.GOV Business Attraction •Dutch Bros. (Coming Soon) •Manny’s at Park Place (Coming Soon) •Spacefit (Coming Soon) •Veeta’s Vegan (Coming Soon) •The Macilyn Method (Coming Soon) WWW.FOUNTAINHILLSAZ.GOV Business Retention and Expansion •Business Retention and Expansion Program •Partnership with FH Chamber of Commerce•Fountain Hills Medical Center and 24/7 ER •Investments•Discount Tire•Walgreens WWW.FOUNTAINHILLSAZ.GOV Non-Profit Grant Program •Deadline: January 24 –April 29, 2022 •35 Grants Awarded WWW.FOUNTAINHILLSAZ.GOV AOT Prop 302 Grants –FY21/22 •Estimate: $16,910 •Actual: $31,751 •Project Elements •Print Placement •Visitor’s Guide •Video @ Phx Mesa Gateway WWW.FOUNTAINHILLSAZ.GOV AOT VAI Grants –FY21/22 •Actual: $9k (Partnership) •Actual: $10k (Marketing) •Project Elements •Marketing •Community Center Video •Language Translator –Experience Website •Partnership •Music Fest Expansion WWW.FOUNTAINHILLSAZ.GOV AOT Prop 302 Grants –FY22/23 •Estimate: $67,682 •Project Elements •Print Placement •Visitor’s Guide/Dining Guide •Digital Marketing •Tourism Video •Visitor Analysis WWW.FOUNTAINHILLSAZ.GOV Fort McDowell Yavapai Nation Grant –FY21/22 •Actual: $10,000 •Project Elements: •Print Placements WWW.FOUNTAINHILLSAZ.GOV Salt River Pima –Maricopa Indian Community –FY21/22 •Actual: $30,000 •Project Elements: •Music Fest Promotion •Scoreboard Advertising WWW.FOUNTAINHILLSAZ.GOV Advertising •Business in Focus AZ Feature •Readership •Canada: 176,300 •USA: 291,900 •CSA News •Readership: 110,000 •Shop Local 8-Week Campaign •Partnership with Chamber & FH Times WWW.FOUNTAINHILLSAZ.GOV Marketing •Community Branding Project •Businesses •Residents •Visitors •Downtown Street Banners •Social Media Channels WWW.FOUNTAINHILLSAZ.GOV Partnerships •Arizona Commerce Authority •Canada Arizona Business Council •Greater Phoenix Economic Council •Salt River Pima –Maricopa Indian Community •Discover Salt River WWW.FOUNTAINHILLSAZ.GOV Tourism •36,720 unique page views •“Stay Fountain Hills” Summer Social Media Campaign •8 weeks •Reach: 13,000 •Engagement: 8,000 TOWN OF FOUNTAIN HILLS WWW.FOUNTAINHILLSAZ.GOV Questions? ITEM 7. 0. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/06/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Administration Prepared by: Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes of the Regular Meeting of June 21, 2022; Approval of the minutes for the Joint Meeting with the Fountain Hills School District Board of June 21, 2022.  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 on June 21, 2022, and the Joint Meeting held with the Fountain Hills School District Board on June 21, 2022. SUGGESTED MOTION MOVE to approve the minutes of the Regular Meeting on June 21, 2022, and the Joint Meeting held with the Fountain Hills School District Board on June 21, 2022. Attachments 2022.6.21 Town Council Meeting Minutes  2022.6.21.Town Council Meeting Verbatim Transcript  2022.6.21.Joint Meeting Fountain Hills School District Board  Form Review Form Started By: Linda Mendenhall Started On: 09/08/2022 04:15 PM Final Approval Date: 09/08/2022  TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL JUNE 21, 2022 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Dickey called the Regular Meeting of the Fountain Hills Town Council held on June 21, 2022, to order at 5:29 p.m. and led the Council and audience in the Pledge of Allegiance. 2. MOMENT OF SILENCE A moment of silence was held. 3. ROLL CALL Members Present: Mayor Ginny Dickey: Vice Mayor Gerry Friedel; Councilmember David Spelich; Councilmember Sharron Grzybowski Members Absent: Councilmember Alan Magazine; Councilmember Peggy McMahon; Councilmember Mike Scharnow Staff Present: Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Linda Mendenhall 4. REPORTS BY MAYOR, COUNCIL MEMBERS, AND TOWN MANAGER A. PROCLAMATION: July as Park and Recreation Month. Mayor Dickey and the Town Council presented a proclamation recognizing July as Park and Recreation Month. 5. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS A. PRESENTATION: Monthly Report by Captain Kratzer with Maricopa County Sheriff’s Office. Captain Kratzer provided an update and answered questions regarding crime statistics for the Town of Fountain Hills. 6. CALL TO THE PUBLIC Pursuant to A.R.S. §38-431.01(H), public comment is permitted (not required) on matters NOT listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council, and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during Call to the Public unless the matters are properly noticed for discussion and legal action. At the conclusion of the Call to the Public, individual councilmembers may (i) respond to criticism, (ii) ask staff to review a matter, or (iii) ask that the matter be placed on a future Council agenda. 7. 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. Councilmember Spelich requested item #7B be removed for separate consideration and approval. MOVED BY Councilmember Grzybowski to approve the Consent Agenda Items minus item #7B, SECONDED BY Councilmember Spelich. Vote: 4 – 0 passed – Unanimously A. CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes of the Regular Meeting of June 7, 2022. B. CONSIDERATION AND POSSIBLE ACTION: Approval of a six-month extension to the approved Special Use Permit to allow 17 residential units on a 1.62-acre property generally located north of the northeast corner of N. Saguaro Boulevard and E. Shea Boulevard (AKA 9647 N. saguaro boulevard; APN#176-10-805) on the C-1 (Neighborhood Commercial) zoning district. This item was pulled from the consent agenda for further discussion; the item is listed below in more detail. C. CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-33, approving Intergovernmental Agreement amendments with the Regional Public Transit Authority relating to the RideChoice Transportation Services program and for bus services on Route 515 in Fountain Hills. D. CONSIDERATION AND POSSIBLE ACTION: Request to apply and take receipt of Prop 202 Grant Funding from Salt River Pima-Maricopa Indian Community. THE FOLLOWING ITEM WAS PULLED FROM THE CONSENT AGENDA TO BE VOTED ON SEPARATELY: 7B. CONSIDERATION AND POSSIBLE ACTION: Approval of a six-month extension to the approved Special Use Permit to allow 17 residential units on a 1.62-acre property generally located north of the northeast corner of N. Saguaro Boulevard and E. Shea Boulevard (AKA 9647 N. saguaro boulevard; APN#176- 10-805) on the C-1 (Neighborhood Commercial) zoning district. MOVED BY Councilmember Grzybowski to approve a six-month extension to the special use permit, to allow residential uses at 9637 North Saguaro Boulevard, for a maximum of 17 dwelling units, subject to the stipulations approved by council on December 7, 2021, SECONDED BY Vice Mayor Friedel. Vote: 3 – 1 Passed NAY: Councilmember Spelich 8. REGULAR AGENDA A. CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-32 Repealing Resolution 2022-02 Adopting a New Fountain Lighting Policy. MOVED BY Councilmember Grzybowski to approve Resolution 2022-32 as presented, SECONDED BY Vice Mayor Friedel. Vote: 4 – 0 Passed – unanimously B. DISCUSSION AND POSSIBLE DIRECTION: Relating to any item included in the League of Arizona Cities and Towns’ weekly Legislative bulletin(s) or relating to any action proposed or pending before the State Legislature. 9. 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. 10. ADJOURNMENT MOVED BY Councilmember Spelich, SECONDED BY Councilmember Grzybowski to adjourn. Vote: 4 – 0 Passed – Unanimously The Regular Meeting of the Fountain Hills Town Council held on June 21, 2022, adjourned at 6:49 p.m. TOWN OF FOUNTAIN HILLS _________________________ Ginny Dickey, Mayor ATTEST AND PREPARED BY: __________________________ Linda G. Mendenhall, 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 21st day of June 2022. I further certify that the meeting was duly called and that a quorum was present. DATED this 21st Day of June, 2022. _____________________________ Linda G. Mendenhall, Town Clerk TOWN OF FOUNTAIN HILLS Page 1 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 1 of 50 Post-Production File Town of Fountain Hills June 21, 2022 Town Council Meeting Transcription Provided By: eScribers, LLC * * * * * Transcription is provided in order to facilitate communication accessibility and may not be a totally verbatim record of the proceedings. * * * * * TOWN OF FOUNTAIN HILLS Page 2 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 2 of 50 MAYOR DICKEY: Good evening. We're going to start off our meeting with the Cottonwoods Maintenance District. Roll call, please. TOWN CLERK MENDENHALL: Mayor Dickey. MAYOR DICKEY: Here. TOWN CLERK MENDENHALL: Vice Mayor Friedel. VICE MAYOR FRIEDEL: Present. TOWN CLERK MENDENHALL: Council member McMahon. Council member Scharnow. Council member Magazine. Council member Spelich. SPELICH: Present. TOWN CLERK MENDENHALL: Council member Grzybowski. GRZYBOWSKI: Present. MAYOR DICKEY: Thank you. First item is the approval of the minutes from the meeting of June 7th. Can I get a motion, please? SPELICH: (Indiscernible). GRZYBOWSKI: Second. MAYOR DICKEY: All in favor, say aye. ALL: Aye. MAYOR DICKEY: Thank you. Next, Grady. MILLER: Thank you, Mayor. Mayor, and Council and for the public who are here tonight. We have before you the Cottonwoods Maintenance District tax levy. And our finance director will be giving you an overview of this and recommending approval. With that, I'll turn it over to Mr. Pock. POCK: All right. Good evening, I guess, Madam Chair, board members. June 7th, the final budget was adopted for Cottonwood's Maintenance District. This tonight is to approve the tax levy to go to the Assessor and the Treasurer's office for collection of property taxes for the Cottonwood's Maintenance District. Total levy is $8,669. That's a $149.46 over 58 parcels. That includes items for landscaping, the wall maintenance reserve, that we build up each year. We just finished painting that this year. Also the postage and advertising costs. TOWN OF FOUNTAIN HILLS Page 3 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 3 of 50 Those cumulative costs, this is the first year that we started charging the ten percent administration fee. And that is ten percent of those three items that I just mentioned, so if there are any questions. MILLER: I just had a question. So the Vice Mayor had asked previously about a couple different things about the district. One would be, you know, what would be involved in the possible dissolution of that. Also he had some good comments about, cost recovery. And so I distributed a memo to the council last week on this very topic. And if the council -- I realize this is probably not the appropriate time, since we're really talking about the levy, but if the council is interested in this, when we do our budget process for the next year, we will present to the council some different options on both partial and full cost recovery. We are limited as to how much we can collect to, not to exceed 18 percent of the total value of the parcel that we're currently maintaining. But if the council is interested, we can certainly do that through the next budget process, if we're wanting to get more of a -- closer to full cost recovery. VICE MAYOR FRIEDEL: Also that was a lot of information and thank you for getting that to us so that we can make a good decision on that so, I appreciate that. MAYOR DICKEY: Do we have any speaker cards on this item? TOWN CLERK MENDENHALL: No, Mayor, we do not. MAYOR DICKEY: Thank you. Any other questions or comments? All right. I'm trying to see where the motion is. Anybody want to -- it's on page 3, I think, yep. Oh, sorry. No, it's not. I'm losing it. I haven't seen it. Where's the motion? MILLER: Mayor, I think it's page 5. MAYOR DICKEY: Oh, page five. Oh, there we go. Can I get a motion, please? GRZYBOWSKI: Move to adopt resolution CMD2022-03. MAYOR DICKEY: Thank you. GRZYBOWSKI: Did I make it to the right page? MAYOR DICKEY: Yeah. GRZYBOWSKI: Okay. SPELICH: Second. TOWN OF FOUNTAIN HILLS Page 4 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 4 of 50 MAYOR DICKEY: Thank you. All in favor, please say, aye. ALL: Aye. MAYOR DICKEY: Thanks, so much. I will adjourn that meeting. And we'll start our regular meeting. Please stand for the pledge and remain standing. ALL: I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all. MAYOR DICKEY: Okay. Please remain standing for a moment of silence. Thank you. All right. Roll call, please. TOWN CLERK MENDENHALL: Mayor Dickey. MAYOR DICKEY: Here. TOWN CLERK MENDENHALL: Vice Mayor Friedel. VICE MAYOR FRIEDEL: Present. TOWN CLERK MENDENHALL: Council member McMahon. Council member Scharnow. Council member Magazine. Council member Spelich. SPELICH: Present. TOWN CLERK MENDENHALL: Council member Grzybowski. GRZYBOWSKI: Present. MAYOR DICKEY: Thank you, so much. As always, we start with our activities and reports. Town manager, do you have anything? MILLER: Mayor and council, I do not have anything to report at this meeting, thank you. MAYOR DICKEY: Thank you. Vice Mayor, I know you have a couple things. FRIEDEL: I do. Mayor, I'd like to request a point of privilege, if I may take a couple minutes of the council's time and if that's all right. MAYOR DICKEY: Sure. FRIEDEL: Thank you. So at the last council meeting, there was some discussion at the end of the meeting, dealing with the recent raise given to our town employees. And I TOWN OF FOUNTAIN HILLS Page 5 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 5 of 50 think it will -- left us a little bit unsettled because a lot of people -- I got a lot of comments and emails from residents in town saying, how come there was no discussion on this. So what I'd like to do going forward is, make sure that with the raise that they got, was 4 percent. And in the last year and a half, it's about ten percent. And we're adding about $200,000 in round figures, to our current salary base, here in the town. Over the years, that's going to add up to be a lot of money. So I'd like to know if we can make sure, in the future, that there's some kind of a line item, or some kind of discussion, whenever there's a raise proposed. Because I think probably going forward now, salaries are one of our biggest expenses in this town and I think the public might like to weigh in on it. And I know the council might like to have some discussion on it. So if that's something that we can consider doing in the future, I think it would be important for both the residents and the council. MILLER: Yes, and we're all for doing that. We did have some slides but perhaps that got lost in that. So we'll try to be a little bit more open and make sure that that seems to be a lot more clear to the council going forward. Thank you, we'll take that under advisement. FRIEDEL: Thank you. So I do have a couple of other items. Last week, I attended the Chambers foundation ribbon cutting. So it's a new venture for the Chamber of Commerce in town. And it's exciting for them and for us. So if you get a chance, you can check that out on the Chamber's website. There were a lot of businesses and a lot of people in attendance. And also on June 14th, I attended the Global Ties Arizona; the town hosted a luncheon with Mayors from Argentina, Botswana, Gambia, Italy, Kosovo, and South Africa. And these people were so impressed with this town. And above all, our fountain and our parks. They wanted to know a lot about our water reclamation and how we deal with our waste water and that kind of thing. So it was a good exchange of ideas and thoughts and we gave them a lot of information about our town. And they were very impressed with the fact that here we are in the middle of the desert, and we have a fountain that -- one of the highest fountains in the world. So it was a good exchange. So it was a good thing to be able to attend. And then two Saturdays ago, I had the pleasure of attending Operation Screen Reduction. TOWN OF FOUNTAIN HILLS Page 6 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 6 of 50 And you may be wondering what that's all about. The owners of Pearl Nutrition, on Saturday, June 11th, in conjunction with a couple of businesses in town, held what we call Operation Screen Reduction. It's to get youth in our town, off of screens, whether it's an iPhone, iPad, monitor, TVs, that type of thing. So in attendance were council candidates Brenda (ph.), Allen Skilletcorn (ph.), Hannah Toth (ph.), Sherriff Joe (ph.), Councilman David Spelich, and Orlando Brown (ph.) did a lot of the videoing for the event. And the goal again, was to raise money for the Boy Scouts in our local town, to help send them off to camp, and get them out of the house, and off the screens. So I'm pleased to report that we raised over $3700. And every single scout in this town will be attending camp. So it was very successful and Scout Troop 343 raised all the funds necessary to be able to accomplish that goal. So it was really great to see the town come together and support the youth in this town. So it was well needed and well attended. Thank you. MAYOR DICKEY: Thank you. (Indiscernible). SPELICH: Wrong button. I too attended as Gerry just said, and I think we had 60 or 70 residents show up and write checks and hand cash to the Scout Master. So I think it was a great event. And they had a slide show going on during the event and showed all the events that the kids that go to this camp, participate in. There was horse riding and shooting archery, a bunch of things. So I was really glad to go to it and show them support. And I was even more excited that 60 or 70 residents showed up and donated. So thank you. MAYOR DICKEY: Thank you. Councilman? GRZYBOWSKI: This week I attended the one and only legislative update call that we've had in easily a month, if not six weeks. Also, I went to the GPEC ambassador event, the Arizona's craft beer industry. I was really bummed I couldn't go to the onsite meeting, because rumor has it there was a taste test. Unfortunately, I had a meeting beforehand so I couldn't make it work. According to the Arizona Craft Brewer's Guild, we've got about 94 brewing companies in Arizona, with about 120 brewing locations. In 2021, they estimated an economic impact, just of this industry, of $1 billon. So yeah, it was a very interesting meeting. And you TOWN OF FOUNTAIN HILLS Page 7 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 7 of 50 know me, I'll talk beer. It was super fun. MAYOR DICKEY: Thank you, Councilwoman. Well, I really appreciate that you were able to go to that lunch. Obviously, I was out of town. We have a lot of people out of town, abroad, and such. So yeah, I got to go to my granddaughter's graduation, so that was very nice, in New York. The only thing is tomorrow we have a MAG regional council, passing of the gavel, from Mesa Mayor Giles to Avondale Mayor Weise. I'm looking forward to that. Our next item is a proclamation, which is saying that July is Park and Recreation months. So I think we might have a couple of commissioners here. And if you want to come up with Rachel (ph.), I will present. All right. You can hold it. How's that? I will present. I read it, the writing that I can see. All right. There we go. Ready? Whereas, Parks and Recreation is an integral part of communities throughout the country, including the town of Fountain Hills, and promotes health and wellness, improving the physical and mental health of people who live near parks. And whereas Parks and Recreation promotes time spent in nature, which positively impacts mental health by increasing cognitive performance and well-being, and alleviating illnesses, such as depression, attention deficit disorders, and Alzheimer's. And whereas Parks and Recreation encourages physical activities by providing space for popular sports, hiking trails, swimming pools, and many other activities. And whereas Parks and Recreation is a leading provider of healthy meals, nutrition services, and education activities, such as out of school-time programming, youth sports, and environmental education, which are critical to childhood development. And whereas Parks and Rec. increases a community's economic prosperity through increased property values, tourism, attraction and retention of businesses, and crime reduction. And whereas Parks and Rec. is fundamental to the environmental well-being of our community, and ensures the ecological beauty of our community and provides a place for children and adults to connect with nature and recreate outdoors. And whereas the town of Fountain Hills recognizes the benefits derived from Parks and Rec. resources, so therefore I, Ginny Dickey, Mayor of Fountain Hills, do proclaim July TOWN OF FOUNTAIN HILLS Page 8 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 8 of 50 to be recognized as Park and Recreation month, this 21st day of June, 2022. Congratulations. Okay. Anybody have anything they want to say? UNIDENTIFIED SPEAKER: Thank you. MAYOR DICKEY: All right. FRIEDEL: Mayor, I will say something on your way -- while you're walking back up. Congratulations to our gold star parks department. Thank you. MAYOR DICKEY: All right. Oh, got a shock. Thank you, so much. Our scheduled public appearances, we are going to have our presentation by Captain Kratzer from MCSO. Welcome, Captain. KRATZER: Good evening, Madam Mayor, members of the Council. Get this going here. Well, that didn't take long to have technical difficulties. I just need the home screen. It's on the home screen, here. There we go. Thank you. Okay. I know tonight is the last council meeting before summer break, so I promised Justin Weldy (ph.), I'd keep this to an hour and a half. All right. So I usually try to do a stat presentation that covers the crime stats for the last couple of years, around February, not long after the end of the year closes, so we have two to three years that we could show what the year prior looked like. Well, I wasn't able to do that. I had some unexpected time out of the office. So what I decided to do, that I think would be a little bit more relevant, was go back for two years. Looking at kind of a modified fiscal year, in a way. So the stat comparison that I'm going to do will look at two years. And as I go through, I'll explain what those two years' timeframes will look like. So we'll look at June 2020 through May of 2021. It will be a 12-month time period. And I'll just reference that as year 2021. And then we'll look at June 2021 through May 2022, another 12-month period. And that will just be referenced as year 2022. And what the stat comparison will review for those two years will be the top 20 calls for service. I think that's relevant because it shows what residents of town are calling in to the sheriff's office for, for what those incidents are. They're not always crimes. You'll see as we go through those. TOWN OF FOUNTAIN HILLS Page 9 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 9 of 50 Then I'll look at the top 20 on-view activities by deputies. So -- and I'll have definitions of all this, as we go, they'll be brief. But that's just when a deputy has down time, and they're conducting on-view activities, things that they observe. And then we'll look at the top 20 calls for service that resulted in an incident report. And that's a little different than the call for service, because a call for service with an incident report, means that there was either a crime, and that's why a report's written, or something significant enough that a report should be authored. So those change a little bit then, just the top 20 calls for service. And then we'll look at major crime indicators. That's probably what most people are the most interested in knowing. But we'll get there, and it won't take that long, I promise. Okay, so a call for service, that's a call generated by a member of the public or another agency, or any external source to MCSO. So it's not anything a deputy is doing. It would be something that a deputy is called for the MCSO is called for. So we'll get into our top 20 calls for service right away. So you can see welfare checks are the most, the top 20. And that's the number one thing we get calls for. And that's usually someone can't get a hold of somebody and they would like a deputy to go check on somebody. Those numbers always remain really high. A false burglar alarm, you can see how high those are. Citizen motorist assist, and I don't know how well you guys can see those numbers. Hopefully, they're clear enough for the members of the audience and those at home. I believe that this is going to be posted online, on the website, so people can go back and look at this. Follow-up, that's when somebody calls and is just asking for additional follow-up on something. They may have another bit of information they want to add on a previous call. I highlighted some of the ones that there were noticeable changes on, that in my opinion, are a little bit more relevant. So I just want to let you know, if you have any questions during this, or you want to stop me and you want to ask any questions, sometimes what I think is relevant, may be different than what you guys see. Or something may jump out at you guys, that you have a question on. TOWN OF FOUNTAIN HILLS Page 10 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 10 of 50 But loud neighbors disturbing, we saw a drop in that, which I was a little surprised to see because we've had a lot more calls for service for some of our short-term rentals, we call them party houses. We've experienced an increase in those calls but I think across the board, maybe other noise disturbances, where someone just has a neighbor who's playing some loud music, maybe that's dropped a little bit. Vehicle crash with no injuries, and again, remember these are just the calls for service that the public makes. So sometimes when a deputy gets there, the call may change, and it may not necessarily be what the call came in as. Vehicle crash with no injuries, we saw an increase there from 2021 of 116 to 163. In my next slide, I'm going to cover some of the significant things that we're seeing here. Going through, suspicious persons; traffic hazards; civil actions; suspicious persons in vehicles; attempts to locate, a lot of times those are for drivers that are driving aggressively. Audible burglar alarms; civil matters; and standbys. You can see thefts that that dropped a little bit from the year prior. Assists to other agencies, that's at Fort McDowell, or Scottsdale, or another agency calls us for anything. Found property; animal noise problems, we saw an increase there. Criminal damage over two years, remained the same, for calls that we received. And then injured sick persons. So takeaways from that, what I noticed in that, and I use these to analyze kind of our personnel and maybe shifts and where we put personnel or if we see a significant call for service peak, we try to put more personnel there. Suspicious activity calls and suspicious person in vehicle calls, over the last two years, that just shows us that people are remaining diligent. We constantly ask people to be diligent in what you see. If you see something suspicious, please call it in, even if you think it may be nothing, but you've got a hunch, we'll go check it out, and maybe it's nothing and we'll clear it. Or sometimes, maybe it's someone looking to commit a burglary or some other crime. The loud neighbors disturbing calls have decreased by nearly 11 percent. The other thing to keep in mind on some of these, the percentage number that's associated to it looks really large. Not necessarily here but in some of the other stats, but kind of like with any numbers and data, when you have a small sample size, that percentage, a few calls or things can change it pretty drastically. TOWN OF FOUNTAIN HILLS Page 11 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 11 of 50 Vehicle crash with no injury calls have increased by 40 percent. So we went from 116 to 163. Theft calls decreased by 19 percent. SPELICH: Captain? KRATZER: Yes. SPELICH: I have a quick question on that increase of 40 percent. KRATZER: Sure. SPELICH: Do you know, is any of that due to being impaired? KRATZER: Not many are due to impairment. We obviously have some vehicle crashes, even minor vehicle accidents, no injuries, that result in DUI's. That number has remained pretty consistent over the last two years. Animal noise problems, calls have increased by nearly 37 percent. And criminal damage calls have remained the exact same over the two-year comparison, at 57. And again, these are calls for service from the public. Sometimes a deputy may get there on a criminal damage and it may be you know, someone wrote on the driveway with chalk. And even though it came in as a call that way, it's not really a crime. It's not a criminal damage. So that number could change from the end, with a report. So next we'll look briefly at the on-view activity of a deputy. And that's self-initiated activity by a deputy and not a call for service from dispatch. On-view activity is generally conducted by a deputy, when the deputy is not responding to a call for service, as calls for service take priority. So in our top 20, over the two-year comparison, I'll highlight some of the ones that we saw significant changes or important changes. Patrol vacation watches, those are always high. We saw an increase in deputies doing those. I think a lot of people are starting to get out of town again, now that maybe Covid's starting to wane a little bit. School programs, we saw a pretty hefty increase in that. Again, a lot of things are COVID related here, now that we're starting to get out of some of those restrictions. Welfare checks, we saw a pretty big increase on deputies doing those. Speeders, that one is just when a deputy, based on maybe an area he knows is problematic, or she knows is problematic, or there's a call from a resident, of hey, we're getting speeders on our street, can you park in the area? So that's the amount of times deputies went out in those areas, TOWN OF FOUNTAIN HILLS Page 12 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 12 of 50 looking for speed enforcement. Community policing, we saw a large increase in that. Again, we're able to get out now and have more contact with individuals. We're starting to pick that up. But you can see some of the other -- the traffic violations, I didn't cover at the top, but that remained pretty consistent over that two-year period that we looked at, with just one and a half percent decrease. And so I kind of covered all this already, the traffic violations have remained mostly consistent. Patrol, vacation watches, school programs, community policing efforts have all increased substantially, due to COVID restrictions relaxing. Welfare checks have increased by 135 percent. You can chalk that up to the same. And deputies patrolling for speeders have increased. And some of that is based on some of the emphasis over the last year, with the corridors and all that. Calls for service with an incident report. So that's what we're looking at next. So these are the calls that public made, where the deputy took a report. So our policy requires our deputy to take a report if there's an allegation of a crime that's made and they can determine that it does appear a crime was made or did occur. But not only crimes, also for vehicle crashes. So vehicle crash with no injuries, we saw 100 in the year 2021; modified year 2021. And then an increase to 143. Deaths we saw a decrease from 64 to 48. Criminal damages, we saw a slight decrease. Identify thefts, we saw a decrease. Trespassing, we saw a decrease. Frauds and con games, we saw a decrease; minimal, but a decrease. Disorderly conduct, we saw a pretty good size decrease there from 40 to 21. Vehicle crash with injuries, we saw an increase from 25 to 35. Hit and run, no injuries, we saw an increase from 24 to 31. Now hit and run with no injuries, that could be something as minor as, and not to downplay this, but a car parked at a grocery store parking lot, and someone comes out and finds damage on their vehicle. The other driver didn't leave their information behind. That's a hit and run with no injuries. But a hit and run with no injuries could also occur on the roadway, minor fender bender, and a car takes off. So it's kind of all encompassing. Assaults we saw an increase on that from 18 to 31. Shoplifting, we saw an increase from 18 to 29. And then assaults, domestic violence, we saw a slight decrease. TOWN OF FOUNTAIN HILLS Page 13 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 13 of 50 So just some of the takeaways, we saw vehicle crash with no injuries reports, those increased by 43 percent. Theft reports decreased by 25 percent in that two-year comparison. Criminal damages saw a minor decrease. Identity thefts decreased by 24 percent. Trespassing decreased by 16. Fraud and con games decreased by 3 calls, so not a very significant amount. Disorderly conduct by 47 and a half decrease. And then we did see a 40 percent increase with vehicle crashes with injuries. Hit and runs, we saw a 29 percent increase. In assaults, that increase from the 18 to 31 was a 72 percent increase. And then a shoplifting increase by 61 percent. Now, I can't answer for all of those. We do look when we see a significant increases. We try to go back to see if there's any correlation we can make, or things that we could do to try to bring that number down, or put attention to those things; or understand why they went up. So like, the shopliftings, Target is very good with their loss prevention, at reporting shoplifting thefts. And they get hit pretty good because they're a large department store with a lot of electronics. So they'll usually report when they get them, they might have two or three when they do report it, at one time. And a lot of times they turn it over to us when they find. So some of that we did see some increase with Target retail shop thefts, with electronic devices over the last year. And then we'll move over to major crime indicators. And so these are crime stats that include arson, assaults, burglaries, homicides, motor vehicle thefts, robberies, sex violations, and thefts. So I think it's important here to kind of let you know what you know, each of these entail. Because some of them, even for me, it didn't make sense what some of them do until like a burglary. But arson, that one's pretty self-explanatory, includes any intentional or suspicious cause of fire for residential or businesses; or the attempt. So that's the key in this. This also includes attempts for any of these crimes. Assaults will include any simple assault; any aggravated assault; this will also include any domestic violence assaults; any stabbings, shootings, or attempts of these crimes. Burglaries include business and residential, as well as any attempts. Motor vehicle thefts include stolen vehicles and stolen vehicle attempts. Robberies include armed robberies; strong-arm robberies; car-jackings; and attempts of these crimes. And then theft is TOWN OF FOUNTAIN HILLS Page 14 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 14 of 50 probably the biggest one because it encompasses so much. It includes thefts from vehicles; thefts from residential and businesses; shopliftings; any attempts. So some of this numbers, the data, we all know how data can sometimes be used. And it's not necessarily used in an attempt to make it look bad or make it look good. But sometimes human error can play in there. Not even human error, but deputies a lot of times, the way this data is being collected is how a deputy clears a call for service. So if a deputy has a package. He gets a report of a package that was stolen off of a porch of a property, that in theory, is a burglary. Someone entered a residential property to commit a crime. But some deputies may call that a theft, from a theft and not a burglary. So you can see how maybe it could be reported different; a burglary, rather than a theft. And we work hard to make sure that the deputies understand those things but it happens. All right, so the major crime indicators for two years, the two-year comparison, we see thefts in 2021, 199; in 2022, 175. And again, that includes all those things that theft incorporates, the theft from vehicles, the theft from residential and businesses, shopliftings, and attempts. So and that also includes the -- we saw a pretty significant rise in, and not just Fountain Hills, but the valley; of -- lost my train of thought there. Of the thefts from the vehicles; the -- I don't know why my mind is slipping on that one. The exhaust piece, I can't think of -- catalytic convertor. I don't know why I couldn't think of that. Yeah, so we saw a significant increase across the state, not even just the state, across the United States in those. So that played some role in there. But the numbers were still down for 2022. Assaults were pretty even, 98, 99. Burglaries, that's where we saw an increase from 50 to 77. And then motor vehicle thefts, pretty close, so a small decrease. Sexual violations, a little bit of a drop-off there. Robberies, those numbers were the same, two and two, very low numbers. And thankfully, homicide and arsons, we saw zero. So that chart at the bottom just kind of shows that, and the bar graph, it's not super crisp to see, but it just gives you kind of a visual. What I will say, and then this gives major crime indicators by month. So this tells you major crime indicators include, tells you all those things that it includes, and it shows you a combined total month-to-month, of how many of those we had. There's really not a pattern there. It kind of goes up, comes down. There's no significant pattern there. TOWN OF FOUNTAIN HILLS Page 15 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 15 of 50 And then major crime indicator takeaways, thefts have decreased by 12 percent; assaults have remained consistent; burglaries have increased by 54 percent. Again, that number -- that percent sounds large, and I mean, it is the change but it's 50 to 77. And motor vehicle thefts have remained consistent from 31 to 29. So there were some things and not being able to address some of the -- I've had my presentation for a couple of months, we've had a couple of busy agendas here. There have been some topics of conversations that have come up that have if I would have been doing the monthly presentations, maybe we would have addressed. And looking at the stats, you know, you don't always see the things that maybe people have reached out to MCSO on or the council. But one of the things that I -- when I was looking through these, we did look at you know, there was a large topic of conversations of the group homes, or the rehabilitation homes. And we had a lot of emails from residents. And there was a lot of communication of just you know, have you guys seen an increase in calls for service for those? And I just thought with doing this, and I know we've already kind of moved forward from that. But when we looked at that, from law enforcement data, in calls for service that we had, we didn't see any significant increase in numbers. In fact, we didn't really have any calls for service that were identifiable to the properties that were shown. Now that's not to say that there were things that happened that weren't reported to law enforcement, that's just speaking on statistical data that we had for that. So I just wanted to bring that up if there were any questions on any of the things that I talked about today, or any crime statistics, or things that maybe I didn't hit, that you had interest in, please ask. MAYOR DICKEY: Yes. SPELICH: Thank you, Madam Mayor. Thanks, Cap., as always. Do we track aggravated batteries of police officers? KRATZER: I could get that data. We do track it. It's usually low enough in Fountain Hills, that it doesn't hit on the radar of top 20 calls or -- it would be included in that assault major crime indicator. But I don't have that number readily available for Fountain Hills, what it would look like for the last two years. I know we've had a couple. SPELICH: Just interested. TOWN OF FOUNTAIN HILLS Page 16 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 16 of 50 KRATZER: Yeah. SPELICH: Something that I would like to be addressed by you in the future, after the break, is if you could touch upon how many registered sex offenders live in Fountain Hills. If you could also touch on the policy of MCSO of checking for address checks of the residents of sex offenders. How many arrests we make of people that are in non- compliance, who are registered sex offenders. So I'm kind of surprised at the number, just doing some peripheral research that -- of sex offenders that we have in town. So if you could maybe put a report together, I think it would be something that the residents might be interested in knowing. I think everybody should look and see where they live and see who's living by them. So if you could look into that? KRATZER: Yes. SPELICH: And kind of give us an idea. I know in Chicago, we would do resident checks every six months, to make sure people are in compliance. I don't know what it is here. And we also would make arrests. KRATZER: Yeah. That's something we could do. I can work with the town manager on maybe how to maybe get that to the council or you know, timeframe. I will tell you that at the district level, we don't have a lot of direct involvement. We have a unit that handles that. And I'm sure I can get that information from them. And I'm sure they have resources that can tell them by zip code and area, where they are. And then, also answering how many times that they do the address checks or the registration update checks. SPELICH: Great. Appreciate it. What I wanted to address to is, I waited for this to talk to you personally. I received a couple emails bashing me for running down law enforcement. So I don't know if the people before they sat down at their computer partaked (sic) in smoking some of the devil's lettuce, because anybody that knows me, knows that I am a huge supporter of law enforcement. So where they got this from, they thought that I called into question, because I asked for an audit of the MCSO contract, and what services you're providing the town, what we're paying for, and making sure we're getting what we paid for. So let me clarify, which I don't think I need to clarify to you, or to the men and women that are assigned to Fountain Hills, I'm not negative law enforcement. By me requesting TOWN OF FOUNTAIN HILLS Page 17 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 17 of 50 that we check, because it's 50 percent of our budget. So I would think that when we're spending that much money on law enforcement, that the residents would want to know, we're getting what we're paying -- what we get paid for. So I hope you didn't take my comments and thought that I was running down MCSO. It's important to note that the men and women that serve, as well as you, don't have anything to do with the contract and the servicing of the contract. That's done by command staff, down in Phoenix, and the sheriff himself. So I want to make it perfectly clear that I respect, I love, and I support everybody in law enforcement. And especially, the people that work here in Fountain Hills. So I didn't want my message to be taken out of context or spun. The problem that I have is I believe that we're paying a lot of money and spending a lot of our tax dollars, and I want to make sure we're getting what we paid for. KRATZER: Council member Spelich, that's completely understandable. I think the men and women of law enforcement feel very supported by you and the council, as a whole here. And as far as I know, we've not had any feelings of the opposite of that. And regardless, you know, questioning the contract, or the due diligence with this core responsibility, the deputies totally understand where that comes from. It's out of their reach and their control. And I don't think it slows them down one bit. So thank you for that. SPELICH: Yep. MAYOR DICKEY: Questions? FRIEDEL: I have a question. MAYOR DICKEY: Yes. FRIEDEL: Thanks for the report, Captain. It was very enlightening. Can you comment on the increase in burglaries? Is that more crime of opportunity or what are your thoughts on that? KRATZER: Yeah, so we looked at that just to see because there was a noticeable increase there. And that's essentially what it looks like. There was no trend or pattern of you know, time of day, or day of the week that it was occurring on. It was pretty sporadic. And most of them did appear to be crime of opportunities. We didn't have any you know, major residential burglaries that resulted in high value -- I don't want to say TOWN OF FOUNTAIN HILLS Page 18 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 18 of 50 we didn't have any, but these weren't those. These were more of, you know, and I can't speak -- generally speaking on all of them, because I'm going to put them all into one shape that they don't fit in. But yeah, they did appear to be more crime of opportunities and not necessarily, any trend or pattern of this is the place, come in. And what I will say is, I don't know how you guys took this report, but if I was a resident of Fountain Hills, I'd be very pleased to live here. I think the crime stats are extremely low. Especially, when you compare Fountain Hills to the rest of the valley. I mean, it -- I'd feel lucky to live here and live in a place that had such low crime stats. Especially, violent crime stats. And you know, I know the property crime stats are unsettling, but even those, when you put them in you know, relative -- they're pretty low per population. MAYOR DICKEY: Thank you. Any other questions or comments? KRATZER: And I'm sorry, Mayor. I did have one -- MAYOR DICKEY: Oh. KRATZER: -- additional thing that I needed to advise you on, that was separate from this. And it'll just take a couple minutes. You may have some questions on it. But I think it's important to let the council know logistically, with MCSO, I'm afraid to say this now, with Council member Spelich -- no. But this is something that the council should know. There has been some logistical changes within MCSO and that's regarding the detectives that were at every patrol district. So each patrol district, we have seven of them. We are called District 7, Fountain Hills Rio Verde. We have six other ones. District 1 in Mesa, District 2 in Phoenix, District 3 in Sun City. You know, we have seven of those. We each had our own unit of detectives at our district. And those detectives were responsible for the investigations of any crimes in that district that were beyond the scope of a patrol deputy. So something that may take a little bit more work to investigate. And they were also responsible for being called out after hours and investigate any serious crimes. So those detectives were housed here. We had three. The town pays for three full-time detectives. The agency made a move. It was supposed to -- I think it was -- the goal was this fiscal year, so July. They made the move a little bit early. All of our detectives from the patrol districts have now been centralized and housed in the downtown Phoenix area. TOWN OF FOUNTAIN HILLS Page 19 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 19 of 50 They're under now one unit, called the General Crimes Division. And that division is now responsible for east and westside. And all of the detectives are now housed there. So if we have a crime here that would be sent to a detective, typically before our patrol district detectives, it will now be investigated by them, there in Phoenix. And then, if there's a response that's needed, they would respond. The eastside crew would respond here for persons crimes; fraud crimes; basically, they're broke down by persons and property crimes. So you know, I'm not trying to sell you all the bad parts of this because what the glaring effect of this is, is that we lose the three deputies that were housed here, that we were able to sometimes utilize if there was a bigger call for service, or an incident that occurred, they were here. They could respond. What we gain from this new centralized unit is more expertise that's more in-line with what the standard is in law enforcement, in some of the major, valley cities. Now we differ quite a bit from the other city agencies because we service a bunch of different areas in Maricopa County. We're not just you know, the city of Mesa, or the city of Phoenix. But one of the areas and one of the selling points of this is that those detectives are getting a lot more individual training for their area of expertise. So now they don't have to be good at investigating three or four different types of crime. They focus on the persons crime or the property crime. And one of the things we're seeing and one of the reasons they went to that, was the identity theft cases that we're seeing a spike in and the specialized investigations that come with that. So they have a whole unit down there for identity thefts. A lot of times those were ones where the district detectives, it was a little bit out of their realm of understanding. Anyways, so I'll -- I just wanted to let the council know that move was made. That the agency did go to that. And so you know, that'll be something that if there's further discussion we need, whether you know, it's off the record, or with the town manager, we can have. MILLER: Well, I would add this to the top of the list of something we want in the new IGA, to have it back. Because I do think, as a small community, having those bodies TOWN OF FOUNTAIN HILLS Page 20 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 20 of 50 here, they're bodies that can be reallocated for other uses. I get the idea thinking from a centralized standpoint, it might create the synergy and efficiencies. But I can see from our standpoint, as a small community, I think it would be -- we're losing three bodies. So I think that's something we should consider trying to get back. SPELICH: I sure wish you would have said that before I went into my -- my -- it doesn't change my opinion of MCSO. I know that decision wasn't made by you. I'm sure it was made by a big boss, who has no idea what he's doing, and has never spent any time being a detective. So now here's what I'm concerned about, I'm concerned about what our clearance rate is going to be. So for people and residents who don't know when a detective is assigned a case, to see that case all the way through, either to an arrest or the case is closed, that's called a clearance rate. So what I would be concerned about is because of that happening, the clearance rate plummeting. I don't know what the clearance rate is right now. I think you told me a while back what it was. So I would be very interested to find out, since this move has happened, when we had three detectives assigned to us, what was their clearance rate? And how we can track it? I think I -- boy, why weren't we consulted since we have a contract? You're not going to know the answer to that. I don't even know why I asked. Like I said, when you have these people in the ivory tower making decisions like that, that affect a small community like us, it doesn't make any sense to me. KRATZER: And if I could, Council member Spelich -- SPELICH: Yeah. KRATZER: -- that was probably one of my biggest concerns, was the -- maybe the responsiveness of -- and the service that maybe a resident here in Fountain Hills gets with a detective when they were here, and they were housed here. It was easy for me to be over that case, or get a call from a resident and look into it with my detective. And that can still happen, I just -- you know, I want to ensure, and we can definitely track case clearance, and ensure that. I think they're going to need a little bit of time, because it's been about a month and a half, two months. There's probably not been a whole lot of clearances of cases, I would say, yet. So maybe we give it six months, when we start doing a comparison. TOWN OF FOUNTAIN HILLS Page 21 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 21 of 50 But what I was going to say is, just also that responsiveness. Ensure that that's still there. That people can reach out to the detectives and have that same level of ownership of the investigation by a detective who you know, doesn't work here. There was something to be said about a detective working here, being assigned here, with ownership of a case. And I'm just hoping we don't lose that in the transition. But to the town manager's point, I know that there's some negotiations going on and that might be the time to broach that topic with executive command. SPELICH: So are the three detectives that we lost, even though they went into the -- would you call that the general assignment pool? KRATZER: Yeah, general crimes unit, yeah. SPELICH: Okay. Those three detectives that we lost, that are now downtown, do -- those three detectives still going to handle things even though they're downtown specific to Fountain Hills? KRATZER: No, it's going to be -- it'll be whatever detective is assigned on that unit, who gets the case from here, would be. So those three detectives would no longer have just ownership to Fountain Hills. They would be for the east side if they're assigned to the east side. So District 1, Lake Patrol, and Fountain Hills. So it would be whoever gets it. Whoever's on call and whoever is the case agent, and it could be different, quite a bit. SPELICH: I hate to say it, but I think this is, this is not going to be -- not going to be good. MAYOR DICKEY: I don't know that this is the place to have this kind of a conversation. This is obviously, technical and you know, perhaps getting a detective who's an expert on the particular crime or whatever investigation is happening here, so I think this is something, since we are in this transition, looking at the audit, looking at new negotiations, that that is obviously, something that we will look at going forward. But trying to get to the ins and outs right now of this, and make judgments on it, may be -- I'm not comfortable doing that right now. Obviously, it's a change, and it's something that I'm glad that we know about going forward. And we'll make sure that as always, we are well served by MCSO. Again, we haven't had this type of a study in the last maybe two years, but we were the safest zip code in the valley. And we were getting that for the least per capita, and the least per TOWN OF FOUNTAIN HILLS Page 22 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 22 of 50 square mile of any city or municipality town, in Maricopa County. So I think that these are all items that we will look at going forward. I want to thank you so much because I know recently, there were a missing person and some other things going on in town. It's so reassuring to see all of you there in the neighborhood and you know in town. And solving that and others that I'm aware of. So I really appreciate all your attention. And does anybody have any other questions or comments? Thank you so much, Captain. Take care. KRATZER: Thank you. And Justin (ph.), I'll yield the rest of my time. MAYOR DICKEY: Thank you. Next is our call to the public. Do we have any speaker cards? TOWN CLERK MENDENHALL: Yes, Mayor, we do. First we have one written comment, from Jennifer Nelson that you received at your stations. And then we have eight who are here, who put in a request to speak card. First, is Jacquelyn Underwood. UNDERWOOD: Hi. Thank you. Actually, my name is Jacquelyn Schlum Underwood (ph.). I've been a resident of this town for 45 years. It's breaking my heart to be here right now. I am so disappointed in this. My husband retired after 32 years of being a Phoenix police officer. He started spending more time at home and he said we'll take on a project. We'll expand our back yard. January 28th, I wrote a letter to the town, saying I have -- oh, I'm sorry, I got a survey done and I found I had a bunch of easements. January 28th, I wrote a letter to the town and said, how do I get rid of these easements? Time went by. March 9th, I called again, how do I get rid of these easements? And Farhad answered the phone. And I said, I wrote you an email on January 28th. He confirmed, yes, I have it. Sorry I have never called you back or replied. He sent me the instructions on how to remove the easements; not an easy task. I had to write eight letters to eight different utilities; pay each of them a fine or a fee of usually $50 to $100. I complied all this, got my survey done, paid to have my own survey. Wrote a couple questions to Farhad, no answer. So I stopped in one day. I said, I'll just ask him. I walked upstairs. There was a woman standing at the desk, no greeting. I had my stack of papers. I said, I think I need to turn these in. Her response to me was, we don't take those here. So rude. I said, okay. Can I speak to Farhad? I want to make sure TOWN OF FOUNTAIN HILLS Page 23 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 23 of 50 I have everything. She said, you need to submit this online. Okay, I'll do that. Can I speak to Farhad. She went and got him, brought him back. And he said -- he was very nice, he went through all my documents. He said, I had everything in sight. I just need to submit online. Oh, and don't forget to pay the $750 fee to remove the easements that nobody wants on my property. So I went home, took care of that, paid the fee, submitted everything. What do you think I've heard from the town? Crickets. Nothing. This town deserves better service, not only from the town employees, but from you guys. These mass meetings were embarrassing. They were so unprofessional. 45 years I've sat here. I've never had to do this. And I thought, there was a time when we didn't have to do this, 2003. John Bideler (ph.). You want to know what happened to him? He was recalled. Shape up. We need a new change, now. MAYOR DICKEY: Next? TOWN CLERK MENDENHALL: Next is Liz Gildersleeve. GILDERSLEEVE: Good evening. I wanted to congratulate you on the legacy you'll be leaving for Fountain Hills. Thanks to your passage of the recently watered-down version of the sober home ordinance, that you voted on and passed in May. Perhaps you are already aware that local realtors, such as the one who's marketing a new construction build on Fountain Hills Boulevard, are already touting the possibility of a sober home to prospective buyers. So congrats. The word must be getting out now, just as we warned you it would, that Fountain Hills, is officially a sober home destination, an easy mark, thanks to your weak ordinance. I'm sure the families that live near the Fountain Hills Boulevard new build location, will be thrilled with the news. You could have been bold. You could have been brave. But you chose to side with the sober home and detox industry. You told us, in part, it was because you feared lawsuits. But apparently the recent $67 million lawsuit, filed last week, against the town, from the Park Place developers in Maricopa County Superior Court, is now big deal. Regardless of the outcome -- and I hope it works out; but regardless of the outcome, where was that same boldness and tenacity that I watched you all display in the face of the Park Place developers, during the sober home discussion? We would have cheered to TOWN OF FOUNTAIN HILLS Page 24 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 24 of 50 see you defend your fellow residents and adopt the planning and zoning, reasonable ordinance recommendation. Instead, moments after the sober home vote in May, residents watched Mr. Magazine -- unfortunately, he's not here, go down into the audience and shake the hands of the Fountain Hills Recovery owners. Did anyone seek out Ron and Maryann Sampson (ph.) after your May vote? You might remember the homeowner who during her call to public, tearfully, and genuinely described what it was like living next to a sober home. Instead, Mayor Dickey, incredibly, you equated the Sampson situation to living next door to a barking dog. The lack of empathy was stunning. Again, well done. Our town can only hope the upcoming election will bring much needed change to this room, and a new council that will fix the problems you've thrust on our community, starting immediately, with amending the sober home ordinance. Thank you. TOWN CLERK MENDENHALL: Next is Bart Shea. SHEA: Ironically, the developer she was referencing. So eight years ago, I came to town, there was a patch of dirt in the middle of it. And I got talked into developing the entire patch of dirt. Nine different development agreements were scratched over that piece of dirt. Not one of them ever came to fruition. Nine different development agreements were agreed to by the town. We could never get financing on. They could never build anything on. They couldn't do anything on. So after two years, we negotiated a development agreement; got a little bit backed up on some stuff, couldn't get the thing done in time. Actually, we could've achieved a permit and not been timed out. Ironically, I was informed this morning, during a court case, that the town has elected to determine the development agreement has expired. And they're going to have no further review of the plans, which means it's a complete do-over on the thing, if it goes through. So the town could have issued an at-risk rating permit, like they did for the past two projects; they didn't. That would've kept it from getting timed out. The town granted approval in both phases, to complete the grading prior to the building plans. This was a staff decision, or a council decision. Either way, it was the cause of this delay on it. TOWN OF FOUNTAIN HILLS Page 25 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 25 of 50 These are part of the agreements the town delayed through staff, imposing unneeded conditions. In other words, staff decided the development agreement was not relevant and that we needed to follow the 2020 vision plan, which was created in the development agreement. In evidence by the council asking, which one was governing this parcel? The town was walking away from a lot of little things. So the town is literally walking away from 2.6 million dollars' worth of infrastructure, that I was providing, paying for, on town property. That being the completion of the Avenue. Which at this point, is going to stay just like it looks, right on the street. Even if I build the project at this point, without the development agreement, I'm under no condition to go improve that. I don't have to. That was a gift. The Linear park, from the Centennial Circle, which was the final connection to make the circle for downtown, that's no longer a requirement. That was only a requirement inside the development agreement. This council has decided that that no longer needs to be there. So even if I go build the product on there -- without the development agreement, you don't get the Linear Park. You weren't paying for it, I was. The town parking lot, the extra parking, that doesn't go either. All the arguments over how many spaces are going to be there. And John's (ph.) confusing concept of how it has to go, that's no longer there either. Again, it's $2.6 million. If the town wants to complete, they have to come up with it in budget. They're already $60 million in the hole for street repairs. But you're going to come up with 2.6 to finish downtown? Now the town's walking away from parking stalls. Your uses of the avenue will only be accessible will only be accessible from the avenue. So if we don't build the product that was designed, implemented, and put in for permits on and approved by the town council, from this point forward, the avenue, the fountain, can't be closed. In other words, no more fare, no more great fare, no more clothes and swarro [sic] on the avenue. DICKEY: Your time is up. SHEA: Thank you. TOWN CLERK MENDENHALL: Next we have Bridget Muellner. Hopefully, I said your name correctly. MUELLNER: I was interested in your -- all the people that you had -- that you met with, TOWN OF FOUNTAIN HILLS Page 26 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 26 of 50 Botswana, and all -- I just want to know where you had lunch. FRIEDEL: Up at Adero Canyon. MUELLNER : Of course. I can't even imagine how you ended up picking all that. But anyway, the reason I'm here and good evening, everybody. I understand the council took out liability insurance for sober living homes. But didn't include the responsibility of the house manager on the premises. I wanted to know why that decision was made? Why not have the responsibility of the house manager on the premises? I wanted to know about that. That's one of my questions. Don't want to put you on the spot. I also wanted to have clarification of the number of people allowed in sober living facilities in Fountain Hills. How many people are allowed in these facilities? I imagine that depends on how big that is. But is there a cap on these houses in this town? I mean, how many are we going to allow here? MILLER: If you don't mind, because you're asking a lot of questions, this item, under state law, is not agendasized [sic] for full discussion. MUELLNER: Oh. MILLER: So what I will do, we do have the department director in the back. I don't know if he brought business cards, but he can certainly answer all your questions that you've asked at the podium. So if you don't mind, he will get your information written down. Shawn (ph.) do you need a tablet? I have that if you need it. MUELLNER: Okay. I do have couple more points, if that's okay. Can I continue? I also wanted to know if parking of the residents, staff, and visitors, has ever been addressed, at these assisted or sober living houses? Next door to me, at -- I don't know if I can say the address. Is that all right? Maybe not? Okay. On Fountain Hills Boulevard, next door to me is -- at the new build, on the description, there was a assisted living put on the description, which they've since taken off. But they were going to have an assisted living there I guess, at some point. But I guess, apparently, because of the footage, 1200 foot, they're no longer going to be able to do that. But I just wondered, because it's a boulevard and parking would have been an issue on the boulevard. And I just wondered what made them think they could go and do that? Time is up. MAYOR DICKEY: We'll get back to you. There's answers for probably all of that and TOWN OF FOUNTAIN HILLS Page 27 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 27 of 50 more, so thank you. MUELLNER: All right. Thank you. TOWN CLERK MENDENHALL: Next we have Dominic Cirone. Hopefully, I said your name correctly. CIRONE: Very good. I kind of feel a little like a fish out of water, because I've got nothing bad to say tonight. Good evening, my name is Dominic Cirone and I'm here tonight to pass on my thanks. I'd like to recognize the staff at the community center for the overwhelming success of Joe Arpaio's 90th birthday celebration. From start to finish, Jennifer Lyons and her staff excelled in preparing and executing the event. With more than 250 people in attendance, with many VIP's, the staff performed remarkably well. From the setup, to the patriotic decorations, the electricity generated by the event will certainly circulate through Fountain Hills, and the surrounding communities. Joe's birthday celebration will help Fountain Hills and the community center, to be in the spot light for other spectacular events. We have a gem of a facility and the staff that can help bring other meetings to our town. Fountain Hills has everything right here for what it takes to become a leader in the event planning marketplace. I've been coming here for 20 years and I couldn't be more proud of the community center and the city council for helping to showcase this event. Thank you for all those involved, in making this happen. Joe Arpaio’s 90th birthday party is one that most people won't soon forget. Thank you. TOWN CLERK MENDENHALL: Next we have Lori Troller. TROLLER (ph.): Good evening, Mayor, Councilman Grady. I'm Lori Troller, resident. 5G is my topic and hopefully, you guys had a chance to read the 18-page article I left in your mailboxes. And I literally tried to email that for ten hours, didn't go through. Sorry. But that's where I'm going to start, with the assumption you guys now know exactly how dangerous and the death and disease that this type of radiation causes. And so the public knows, I'm happy to email anybody would like that information. Or you can contact Bob Burns in the back. He has a copy of the same letter and he can publish that. I'm sure he's happy to. And I also promise, it's written very simply, if you are scared of the technology and what it is, it's very simply written, you'll understand. TOWN OF FOUNTAIN HILLS Page 28 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 28 of 50 So Mayor Dickey, we all understand safety is your utmost concern, so I'm hoping you can look at it in this light, because this is a little different. And I'm asking for a special session to be scheduled during your vacation -- sorry -- to get this ordinance done and in place, because the timing is critical. 5G is -- the 5G rollout is well underway. And we need to get this in place before we have towers starting to pop up in our yards. They've already converted a few of the towers that they do own in the town, the churches, and in the school. And I know everybody's seen the one at Palisades and Shae. We are about to be drenched in this 5G radiation. So looking across Arizona, Fountain Hills is one of only a handful of places that don't have what's it called? It's called a small cell ordinance in place. And without one, first of all, the aesthetics of this town is going to be dictated by the telecommunication companies. The reason for that is, it takes over a 100,000 5G antennas to cover the area of Fountain Hills. So just imagine driving up Golden Eagle, and seeing a straight line of fake cactuses in every third yard. It's not right. And second, the importance of not living in 5G radiation. So your proclamation you just made, for the parks, so health and wellness, improves physical and mental health, cognitive performance, well-being, alleviating illness, depression, and increased property values; 5G radiation's going to destroy all of it. So April's about to present the legality of what we can include in our ordinance. So please take her information and let's put this in, in the next two weeks. Thank you. MAYOR DICKEY: Grady? MILLER: Just a point of correction, Lori. So I did send you -- we did have a small cell wireless ordinance in a couple of resolutions that were passed in 2018. And it was based on the Leagues model ordinance that all the other cities pretty much followed. So we do have it in place and I did send you an email, just before this meeting. TROLLER: Oh. MILLER: With the copies of that, so that you can take a look at it. But we do have regulations following state law. Because in 2017, I believe it was -- TROLLER: Uh-huh. MILLER: House bill 23.65 passed, Governor signed it into law, and it pretty much TOWN OF FOUNTAIN HILLS Page 29 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 29 of 50 requires cities and towns to not put up any obstacles to 5G coming into their communities. So but we do have regulations that we were allowed to adopt. And so we do have some in place. TROLLER: Okay. MILLER: But nothing that would prohibit it from coming into town. TROLLER: Yeah, well, there's -- April will get on to that. We can do something about schools, sorry. And there are some towns that have done in the residential area, but she'll get into that. But thank you. MAYOR DICKEY: Thank you. TOWN CLERK MENDENHALL: Next we have April McCormick. MCCORMICK: Hi. Good evening, all. So I have dealt with this extensively for years. Everywhere I have lived. And that's been California and Hawaii. I'm now here. I'm renting from North Carolina. I've been a planning commissioner for a 500-square-mile county. And I know way more about this than most people do. I know that the House 23.65 was based on the FCC's Federal order of 2018. And the fast-track order, you know, really limiting what you can do. However, multiple municipalities all over the country have taken a little bit of what they still can do, and crafted that into a masterfully restrictive ordinance, to protect residential property values and the aesthetics of their community. What the FCC order still allows you to do, is to control the aesthetics of your town. And while we're talking about aesthetics with the antennas, what that means is, the location, the height, the setbacks, and one other thing. I can't remember it off the top of my head. Yeah, the density, right -- the spacing between them. So when these restrictive small cell ordinances are passed, basically, a location is laid out, per zoning district. So the first time I became aware of a unbelievably awesome 5G ordinance, was Mill Valley, California. And as soon as they adopted that, I called the planning director; I called the attorneys; interviewed absolutely everyone that I brought to the city of Oakland, California. We did a massive citizen education program, massive email campaign, petitions with hundreds of thousands of residents. And it was to the point where we just couldn't do nothing anymore. And so Mill Valley broke it down into most desired district. You know, heavy industrial, TOWN OF FOUNTAIN HILLS Page 30 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 30 of 50 light industrial, commercial, mixed-use. Residential was off the list. And when House bill 23.65 was introduced, Yuma pitched a fit and became exempt. And Fountain Hills, having no street lights whatsoever, and being a dark sky community, could have done the same thing, I believe. I'd like you guys to go back and try to think about doing that. But while it's in place now, what you can do is you can do an urgency ordinance, which gives you 45 days, to look over three different ordinances that I've supplied to you today, that do just what I explained. 1500 feet apart; they can go in every other zoning classification besides residential; and you're doing that because aesthetically, it'll change the town forever. Let me tell you why you don't think you have a problem yet. When a carrier comes in to do a application, they're getting what's called a batch permit application. That goes to public works, not to you. And that's 25 antennas, per single application. At that point, it's too late, you've lost all control and they're never coming down. Even when you adopt an ordinance, they don't ask permission, they ask forgiveness. In Oakland, we had them prohibited in the historic district. Well, one night, at 3 o'clock in the morning, people out in the historic district, we're awakened -- were woken up out of a dead sleep because 5Gs were going on the utility pole outside of their home. The next day, myself and the council members amassed, called the number on the box, and some third party won't even tell you what carrier that was for. It's impossible to get them down once they're up. And you completely, by doing nothing, you are the lowest hanging fruit, with a complete carte blanche. The ordinance is the most permissive thing I've ever seen, and it can be modified. Mill Valley's ordinance is 108 pages. I gave that to you today. Multiple municipalities, all over the country are just copying it verbatim. It has stood up to challenge. And I would ask that you please put this on the agenda, to discuss an urgency ordinance. And if you view the three different ordinances I gave you today. MAYOR DICKEY: Thank you, ma'am. MCCORMICK: Thank you, so much. MAYOR DICKEY: Thank you. TOWN CLERK MENDENHALL: Our last speaker is Dori Wittrig WITTRIG: Mayor and council, my name is Dori Wittrig. And this evening I just wanted TOWN OF FOUNTAIN HILLS Page 31 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 31 of 50 to mention a few things about the Park Place and development, which is now a lawsuit development, I understand. But it's been an interesting period of time, to see how this whole process has unraveled. And I won't pretend to know all of the details, I don't. It depends on whether you're a not in my backyard kind of person, or one who believes in progress and quality growth, as to which side you might be on. And there are a lot of in between. I've been selling Fountain Hills since 1985. And always the completion of the downtown has been a very big bone of contention for our community. It's even more so for those who come here and see a lot of vacant land and weeds. It's easy to forget that in 2022, how ugly this downtown was, prior to the Phase I of Park Place. It's even easier to forget the immense amount of risk, and effort, and capital that it took for Bart Shea to get Phase I off the ground. But he did it, and completely transformed our downtown and our community. Some like to quibble about building colors. But in the grand scheme of things, Bart brought hundreds of people to our downtown, which supported our businesses, which in turns supports the rest of our community. Our downtown is now a place of pride and enjoyment. It's easy to throw darts at most developers. And Bart Shea is no exception. He's a very bold personality who doesn't hold back his considerable opinion. You have to be bold to take the risks he has taken. But no one seems to give him credit for the many other, many, many, thousands of dollars he has donated to this community for items like the musical instrument park, the community garden, the community theatre, and many, many, other efforts, that he just writes a check for. Currently, he's ready to donate $30,000 to the fountain of light sculpture, to build the base, because he cares. I've been embarrassed at times, for our town council, for the way you have talked down to someone who has made such a dramatic difference to our community. None of you sitting here, or very few others ever, have made such a large contribution or impact in our community. I feel you have been no less than professional and have not taken into consideration the mountain of challenges there are to the development process in 2020, and '21, and '22. It has been horrendously difficult the last couple of years. And you've also made that process more difficult for him. TOWN OF FOUNTAIN HILLS Page 32 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 32 of 50 And now you risk losing the Linear Park, the walkway, which would be the completion of the avenue of the fountains, and the final stretch of the sidewalk and the landscaping, and the parking building that would give us 70 other public parking spaces. And all because you don't like the personality before you. And I realize that there are other technical issues, but from the outside looking in, the way you have behaved, you've really taken a personal vendetta against him. I encourage you to reconsider and work this out. And you will also be walking away from $500,000 in TPT taxes, and $6 million in bed and sales taxes, over the next seven years, which would have done much to improve our roads. Please let's work this out. MAYOR DICKEY: Thank you. Any more cards? TOWN CLERK MENDENHALL: No, Mayor, that's it. MAYOR DICKEY: Thank you, so much. SPELICH: Grady, can we ask John (ph.) to meet with Ms. Schlum at the back of the room? MILLER: That was going to be at the top of my agenda in the morning, because we do have her contact information. So thank you. MAYOR DICKEY: Thank you, David. Next we have our consent agenda. Unless you'd like to take something off, I can take a motion, please. SPELICH: Madam Mayor, if I could ask to be the consideration for the approval of the six-month's extension. If it could be removed and voted on separately? MAYOR DICKEY: Oh, sure. Let's see. So what do I do, just say that we have all those items except that one? ARNSON: Yeah. Seek approval -- move for approval of the consent agenda except for item B. MAYOR DICKEY: Move for approval, okay. And then that will be the first item. Okay, motion please? GRZYBOWSKI: Which one are we not approving right now? B as in boy? MAYOR DICKEY: Yes. GRZYBOWSKI: Okay. Move to approve all of the consent, minus B. TOWN OF FOUNTAIN HILLS Page 33 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 33 of 50 MAYOR DICKEY: Thank you. SPELICH: Second. MAYOR DICKEY: Thanks. All in favor, please say, aye. ALL: Aye. MAYOR DICKEY: Thank you. So this will become our first item, item B -- six-month extension for Saguaro and Shea. Grady? MILLER: I'm going to have Farhad go ahead and speak on this. TAVASSOLI: Yes, Madam Mayor, members of the council, hello. As you see before you, the agenda, the applicant is requesting a six-month extension. I have asked the applicant to attend, to provide the reasoning for that extension request. But if you have any questions for me, before I ask him to assist, please do. FRIEDEL: Correct me if I'm wrong, was this subject to a traffic study of some sort? And where are we on that? MILLER: My understanding is, it is subject to a traffic study, particularly the council at the time, expressed concerns about ingress, egress, at that location. And however, the way it was left, is that it would be subject to approval by the town engineer, who would typically do these types of evaluations for traffic study. So it'd be administrative, at that level. TAVASSOLI: And if I may add, Mayor, that is to come with the site plan submittal, when and if that does come in. MAYOR DICKEY: Thank you. David? SPELICH: Madam Mayor, I didn't mean to cause any confusion with this. It just would be hypocritical of me to approve an extension when I didn't approve the project to begin with. So that's why I wanted it separated out. I'm not for the extension. I'm not for the project. So that's why I didn't want it included in the agenda. I didn't mean staff to get thrown for a loop or anything. I just want to be consistent in my voting. MAYOR DICKEY: Thank you. So can I get a motion please on this? It's on page 119. GRZYBOWSKI: Move to approve a six-month extension to the special use permit, to allow residential uses at 9637 North Saguaro Boulevard, for a maximum of 17 dwelling TOWN OF FOUNTAIN HILLS Page 34 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 34 of 50 units, subject to the stipulations approved by council on December 7, 2021. MAYOR DICKEY: Thank you. Is there a second? SPELICH: Second. MAYOR DICKEY: Thank you. So we have a motion and a second. All in favor, please say, aye. ALL: Aye. MAYOR DICKEY: Opposed? SPELICH: Nay. MAYOR DICKEY: Thank you. So, I think that means, we don't have four. Or is that a majority of those who are here? Oh, okay. Thank you. ARNSON: Yes, Mayor. Majority of the council -- quorum of the council present, correct. MAYOR DICKEY: Oh, okay. Quorum is present, all right. MILLER: Yep. Um-hum. MAYOR DICKEY: Thanks, David. Appreciate it though. I understand. Our first item and only, or our regular agenda item is item 8A, repealing our resolution about a new fountain lighting policy. Rachel (ph.)? GOODWIN: Good evening, Mayor and council. I do have a presentation but in the interest of time, I know we have a lengthy secondary meeting. The -- if you may recall earlier this year, we presented a lighting policy regarding the requests for lights in the fountain. We had allocated a opportunity for the public to request that. However, since that time, there has been case law through our Supreme Court and at the recommendation of our town attorney, he is recommending an amendment to that to remove the public opportunity to request colored lighting. So the motion before you tonight is to modify our policy to remove that option. Essentially, what it would do is that public requests for the fountain lighting would not be accepted. And that all lighting would be at the authorization of the town manager or the direction of council. MAYOR DICKEY: Thank you. Do we have any speaker cards for this? TOWN CLERK MENDENHALL: No, Mayor, we do not. MAYOR DICKEY: Thank you. So everybody understand? Grady? TOWN OF FOUNTAIN HILLS Page 35 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 35 of 50 MILLER: Yeah, I just wanted to remind the council. I think about half the council was kind of leaning this way in the first place. UNIDENTIFIED SPEAKER: Yeah. MILLER: So it shouldn't sound as a surprise. And we've already kind of been following that. We've had council members provide direction to staff. For instance, we lit up in the colors of Ukraine, their flag colors on the fountain. And we've done things like domestic violence month and things like that. So I think it's going to be business as usual. The only thing is, is that we will be just removing the public component. And they -- certainly the public could always request something through a council member, then. And the council could then give us direction. But we're really saying that the policy as we know it before does not exist. MAYOR DICKEY: Thank you. Don't let anybody know that we like a mandate. But here's one that we're going along with. So can I get a motion, please? GRZYBOWSKI: Move to approve resolution 2022-32 as presented. SPELICH: Second. MAYOR DICKEY: Thank you. All in favor, please say aye. ALL: Aye. MAYOR DICKEY: Any opposed? Thanks Rachel, very much. Our next item is legislative items and normally, you know, we've been kind of rushing through these. Sharon, did you have anything that you wanted to say about it? There -- well, you know, we had a conference call with our consultant today. The budget, they got like eight days left. We had -- it's still up in the air, obviously. Senate bill 11.16 which is removes residential rental tax, which has a $500,000 hit on town of Fountain Hills. We're hoping that there was some language in the Wayfair bill, that's going to stop that from happening. But we just have to keep watching that short- term rental bill, not really what we wanted to see. Still a lot of back and forth on that. But if they come through with the budget, that bills probably out the window. But we will do our own. We will work on our own ordinance. We're going to move ahead. We're going to look at (indiscernible). We're going to look at parking, which has other ramifications. So look forward to that on a future agenda. TOWN OF FOUNTAIN HILLS Page 36 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 36 of 50 And then we had the medical marijuana one, which threatens to kind of undo what we did, when it passed. But again, that seems like maybe something that won't work because it goes against the voter protection act. So we will see how all those things come out. But I wanted to make sure that we mentioned them all. Any other conversation? Thank you. So we will adjourn this meeting. If I can get a motion for that. SPELICH: So be it. MAYOR DICKEY: Thank you. All in favor, say aye. ALL: Aye. MAYOR DICKEY: And we're going to get going with our joint meeting with our wonderful school board. Thank you, so much for coming. And we'll do some rearranging up here and we'll get you up here. And we'll have some good talk. [PAUSE] MAYOR DICKEY: All right, and we're going to get going here. So we'll call to order, and we're going to start with -- I will ask President Jenkins to introduce her members, please. PRESIDENT JENKINS: Thank you, Mayor Dickey. This evening from the school board, we have Dr. Wendy Barnard, Mrs. Jill Reed. I'm Nadya Jenkins. On this side, we have Mrs. Judith Rutkowski, and then Mr. Dana Saar. I would also like to recognize down below we have our current interim superintendent, Dr. Patrick Sweeney, and then our incoming superintendent, Dr. Cain Jagodzinski. UNIDENTIFIED SPEAKER: (Indiscernible). PRESIDENT JENKINS: And we also have our executive board secretary, Christa Andre (ph) in the audience. MAYOR DICKEY: Thank you so much. Welcome, everyone. We're happy to have you here, and I apologize, but we had some major travel plans with a couple of our council members, but believe me, they're very interested and be happy to share with them everything that we talk about here. So of course, we have Councilwoman Gryzbowski, Sharon. We have Councilman Spelich, Mayor Dickey, and we have Vice Mayor Gerry Friedel, and so the other folks -- we'll catch them up on what we talk about. So our first TOWN OF FOUNTAIN HILLS Page 37 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 37 of 50 item -- so yes, we're only here to discuss. We're not voting on anything. We just want to get together, you know, COVID -- I don't know when the time limit's going to run where we can't keep blaming COVID for things, but we have been planning for quite a while, trying to get together, and I know now your school year's over and this is a good time for us to talk. So I'm going to turn it over to Grady and he will have our staff do presentations and such. Grady, our town manager. MILLER: Yes. So we're delighted, if you look at the agenda under A and then the first bullet, we have an item called Safe Routes to Schools. This was a collaborative effort between the Fountain Hills Unified School District and the Town of Fountain Hills. We were able to apply successfully and receive some grant funding from the Maricopa Association of Governments, and I'm going to turn it over to Public Works Director Justin Weldy, who's going to just give you a little bit of an outline as to what the grant awards consist of and what we're going to be doing with that funding. With that, I'll turn it over to Mr. Weldy. WELDY: Thank you. Madam Mayor, Madam President, Council Members, Board Members, thank you for the opportunity to share this exciting information. The first section that we are going to be discussing is the Safe Routes to School grants. I would like to note that in the agenda that is published, it says opportunities. We took advantage of those opportunities some years back because these are every two to four years, depending on the type of grant, worked with the school district in getting letters of support and applied for and received two. Please note that each time these opportunities come, we will again work with the school and the school board to apply for the grants that are applicable to this. The first one is a safety assessment grant. This is a relatively large one. This is primarily funded through MAG, 94 percent of it comes from MAG. The matching funds for that come from the town of Fountain Hill, relatively small dollar amount for what we're receiving. This one is a noninfrastructure assessment to determine how to make routes to school safer for the Fountain Hills elementary and middle school. The assessment will look at routes, traffic calming, signage, and other items related to those safe routes to enhance the safety for K through H children. Any questions on that one before we move forward? Fair enough. That one that I just mentioned, it actually becomes available in July of this year. We will collaborate with the school in regards to TOWN OF FOUNTAIN HILLS Page 38 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 38 of 50 that process and the selection for the engineering firm that we'll do that is actually done through MAG. We will keep the school updated on that process as we move forward. MILLER: We're also aware that there may be some school decisions that are going to be made in the future about maybe the school district and school location, so if there are some changes, we will definitely make sure that the study and analysis incorporates that, so that if there are any changes that might affect the school locations, then we will certainly have that be part of the analysis. WELDY: Thank you for that additional information. Indeed, as we collaborate with the school, all of the information moving forward, we will share with the engineering firm as they work towards this assessment. The next one, which will become available in FY24 is a considerable amount of funding, and this one again, is a 94 percent with the town matching the other, which is again, a small amount of money at $882. This one right here is actually noninfrastructure to support activities that will educate and implement safe routes to school. This will support the first grant. This may include wages for a school safe route coordinator, safety gear, helmets, vests, et cetera, and incentive prizes for the students as they participate. It will also provide funding for school crossing guard training, which is very, very important and critical. We certainly want our marked crossings to be safe, and in order to accomplish that, we will collaborate with the school on the training for the individuals they have selected. Are there any questions about this grant? Fair enough. DR. BARNARD: (Indiscernible) this is great. Thank you. WELDY: You're welcome. The next one is actually a new one that we have collaborated with the school on. We worked closely with the interim superintendent, Dr. Sweeney, and the transportation director, John Flynn. This is something that has been discussed between the school and the town for a number of years. This is actually permanently installed flashing school zone signs. On this particular project right here, with support from the town manager and the mayor in council, the town is going to fund this which is also a strong recommendation in the ADOT manual that is published related to this. It's important to note that this process is moving relatively quickly. This was an in-house design by our staff, our town engineer, and our assistant engineer. We just this week -- you may or may not, if you go into that area of Fountain Hills Boulevard, have TOWN OF FOUNTAIN HILLS Page 39 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 39 of 50 seen some pink paint on the pavement. That is the survey, and before I get too much further, for those that may not be aware, this up here is the Fountain Hills Middle School. It's on North Fountain Hills Boulevard just before you enter McDowell Mountain Road, with this being towards the north. As we worked to do this design, we recognized that southbound traffic on McDowell Mountain Road entering Fountain Hills Boulevard adjacent to this school, we are going to need to warn them in advance, so we have added an advanced sign on that corner that alerts them, and it'll be flashing, to make them fully aware that they are entering a school zone in advance time so they will have time to slow down. The second flashing fifteen-mile-an-hour sign will be just north of the crosswalk. Here's the sign location. It'll be flashing. Here is the marked yellow crosswalk. When we're going northbound, because we have an adequate sight distance, there will not be and advanced flashing light. There will just be the traditional, reduced speed limit sign ahead, and then there will be the flashing fifteen-mile-an-hour once again, just before the crosswalk. These are the two types of structures that will be used on the projects. Each of these structures are solar powered and communicate with each other via radio. The timing coordination will be through myself and the transportation director, John Flynn, so we will have the school calendar built into it. We will obviously monitor it with support and collaboration from the school. We think this one will be a well-deserved, long- awaited improvement in this area. Any questions related to this one? DR. BARNARD: Thank you. I have driven to that school countless times over many, many years and these are very, very needed. I think people get very confused coming from Rio Verde, coming very fast with the turn, not realizing that there's a school there, and then also people getting confused about the actual -- where it starts and where it stops based on the sign in the middle of the road right now, so this is going to do great things for the teachers who have duty at that crosswalk and also our students and the families so that we keep that road safe before and after school, so. And I'm so happy to see they're solar panel. This is great, thank you. This is very needed, appreciated. VICE MAYOR FRIEDEL: Justin, I have a question; when will that be done? WELDY: Madam Mayor, Council Member, this will be done before the children return in August. REED: That's amazing. That's a nice addition. I agree with Dr. Barnard that -- sorry, TOWN OF FOUNTAIN HILLS Page 40 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 40 of 50 sorry. We're not that technologically advanced. So the coming in from Rio Verde, I'm glad to see that there will be a sign that gives some warning because folks do come in pretty quickly on that road and anything to get them to slow down before they approach our students and crosswalk guards would be great. That's a nice addition, so thank you very much for everything you're putting in to keeping our kids safe. WELDY: You're welcome. Madam Mayor, Madam President, any questions? MAYOR DICKEY: Any other questions or comments? Thank you so much. UNIDENTIFIED SPEAKER: (Indiscernible) make a comment. MAYOR DICKEY: Well. VICE PRESIDENT RUTKOWSKI: My daughter's (Indiscernible) course was in Rio Verde, so I'd drive there quite a bit. I was already there this morning. DR. BARNARD: Well, don't speed. MAYOR DICKEY: Councilman. SPELICH: Thank you, Madam Mayor. Justin, I'm assuming that you're going to loop in with Captain Kratzer and possibly at times have that enforced by traffic control by radar? WELDY: Madam Mayor, Council Member, yes. While I can't speak for him, I will let you know that this area is patrolled nearly every school day during peak flow times. Whether or not you see a marked vehicle there, it is being patrolled. MAYOR DICKEY: Thank you. REED: I will comment on that. The -- I have not gotten a ticket but, -- REED: -- have a lot of experience. REED: -- I have a lot of experience in the district, and so the Sheriff's Department does a really good job of patrolling our school zones, especially the one on Fountain Hills Boulevard. You know, the one that goes past McDowell Mountain is more of a residential street, so people tend to drive slower there, but Fountain Hills Boulevard, as we all know, can become a speedway, so the Sheriff's Department has done a really great job. Sometimes, you know, they're parked right in the middle of the road. Sometimes they're parked in a little bit more obscure location. Same with at the high school, you know, sometimes they're visible and sometimes they're not, and we've seen a lot of speeders get pulled over coming right out of that school zone. So I appreciate everything the Sheriff's Department does for that. TOWN OF FOUNTAIN HILLS Page 41 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 41 of 50 MAYOR DICKEY: Thank you, Board Member. That kind of goes in with the statistic that we saw between speeding from last year and speeding from this year that we've really picked that up. So this next item, I just wanted to mention that I'd had some folks reach out to me about this, about the rules of the road, you know, which side do you ride your bike on, which side do you walk on and such, and you know, it's kind of a big deal and it made me remember when the kids were at McDowell Mountain School and you know, they'd go and they'd get the handbook right away and it was all about that. So I thought maybe there was a way for us to kind of partner on this, and so -- is Bo going to speak to this, or Grady? MILLER: Bo is. In fact, our community relations director will go ahead and kind of explain what his plans are related to this. LARSEN: Well, thank you, Mayor, and Madam President, and Council, and the School Board. My name is Bo Larson. I'm the director of community relations. We have had some discussions about this and I've been doing some research on what other communities have done and I, too, remember, you know, those brochures of what side to ride on and how to properly cross the street, and who to respect as you go along, and so there's a lot of information out there from MAG, the City of Scottsdale, the US Department of Transportation as well the Arizona Department of Transportation for us to glean upon, and so what I'd like to do is work with the school board or your assigned to figure out what do we need and in what order do we need them because there's a variety of, you know, timings I'm sure you're going to have. But one of the things that the Mayor and Town Manager have kind of donated me for is to develop the collateral, do social media, provide the internet resources that are needed so that we can share on multiple platforms as well as our Cox Channel 11 just to help get the momentum of communications out there, and so I think there's a great opportunity to really raise the level of awareness of the importance of not only the children understanding how to do things, but the adults remembering how to do things so that way we can -- if there is a stat that we want to lower, I hope we will lower it. MAYOR DICKEY: Questions or comments about that? DR. BARNARD: Are there any plans to do anything at the high school and the flashing lights or any -- I should've asked that before. Sorry. TOWN OF FOUNTAIN HILLS Page 42 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 42 of 50 LARSEN: I will not speak on his behalf, but -- . DR. BARNARD: Okay, yeah. And even some outreach, I do think that that is another area that people don't -- educating it when it's people when it's -- kids push the button to make it flash to cross the street and people will still drive through it, and that's more of an older -- educating residents that, when it's flashing, you must -- what is the rule? You have to stop, you know all of that. MAYOR DICKEY: To answer your question, the high school is not zoned a school zone. That's a pedestrian crosswalk, so that's actually town mandated. It's not a school zone, so because it's a high school, I believe, Dr. Sweeney, we can not put a school zone there. Is that correct, Grady? MILLER: That's my understanding. With the regulations governing schools, that's on a major arterial, so that would not be the same as an interior -- and it's also the age of the kids that are going there, so you are correct. REED: But as Dr. Barnard said, some education that, even though that's a pedestrian crosswalk not necessarily associated with the high school, if the button's pushed and those lights are flashing, it would be nice if people stopped because that's the law, but the other thing that I notice is a lot of people don't understand how to maneuver through a school zone. Like, do they stop before the light, you know, slow down before, do they, like, go all the way through and continue past the other signs, so some education on how to drive through a school zone, so. LARSEN: Thank you. PRESIDENT JENKINS: I will just comment and say as an avid walker in our community who often sees people walking on the incorrect side of the road and who has quite adamantly taught my children how to properly walk on the road, I would appreciate anything for both our students as well as our more tenured citizens to know how to be safe on the roadways. LARSEN: Thank you. And Madam Mayor and Madam President, those are things that I want to make sure that, working with you, that we're at the proper level for the communications, because one size definitely doesn't fit all for the population we're talking about, so I'll look forward to working with you. Good. MAYOR DICKEY: Thanks very much. Next it just says other concerns or issues about TOWN OF FOUNTAIN HILLS Page 43 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 43 of 50 this, like, school safety. So is there anything? I know your superintendent got your PhD on school safety and such, and so I wondered if there was anything you'd want to communicate with us or anything we can help with when it comes to that, you know, given recent histories or anything that you'd like to convey? Yes, ma'am? PRESIDENT JENKINS: I personally don't have an item other than to say that as Dr. Jagodzinski comes in, the School Board will be having a retreat so that we can collectively synchronize as a new body with our superintendent, and one of the priorities will definitely be school safety. It's an annual priority. We are due for another review with -- I say due. It's not something that's mandated. We as a district know that we haven't been reviewed by Homeland Security to reassess the safety and security of our buildings for a couple of years, in part because of COVID, so that's something that we definitely want to revisit and prioritize and then certainly, based off that assessment, we can then itemize what actions we need to take and what budgetary dollars we can put towards that. MAYOR DICKEY: Perfect. Dana? SAAR: Yeah, and you mentioned the budget issue, obviously, and that's an important aspect of what we're going to talk about later on when it come to our facilities. Right now with three facilities, we have to make sure that all three of those are safe, and we've done a lot of investment to keep them a lot safer than they were back in my day early and (indiscernible) as well. However, we may be down to two, which means we'll save some of that funding that we've been applying to McDowell Mountain potentially, and we can apply that somewhere else, but safety is by far and away our most important aspect of what we do. Obviously, student success might be number one, but that doesn't work if you don't have safe school environment, so everything that's been talked about so far in terms of safety is so important. MAYOR DICKEY: Thank you. Any other comments? D: Dr. J, do you have anything else off the top of your head that you'd like to bring up to the council? MAYOR DICKEY: Put him on the spot. I was going to do the same thing. DR. JAGODZINSKI: No, I mean, school safety is a huge issue, and I spent a lot of time researching it and I was (indiscernible) Dr. Sweeney, the last improvements to TOWN OF FOUNTAIN HILLS Page 44 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 44 of 50 (indiscernible) a lot of ideas that I want to share and work collaboratively with the town, and all of our school leaders to be as (indiscernible). DR. SWEENEY: I'd just like to thank the town for your ongoing support of the SRO. You know, we have a long history of having great SRO's in that position, excellent relationship with the Sheriff's Office, and SRO after SRO after SRO is -- they have good relationships with the kids. They provide, you know, that presence and immediate response and reaction when needed, and I know that's a commitment the town has taken on through the years, and I really, really appreciate it and hope that that continues. MAYOR DICKEY: Thank you for mentioning that. We really appreciate that. Anything else on this -- safety items or anything traffic? Thank you. Next, I think Grady's going to talk to us about our transportation IGA or proposal? MILLER: Yes. So something related to this was brought up probably about three or four years ago between that the town and the school district at one of these joint meetings, and since that time, the administration under Dr. Sweeney and then Rob when he was superintendent, began to allow us to utilize, like, the vans that are there. But what we're thinking is it's probably time to formalize something into some sort of intergovernmental agreement. One of the things we'd like to do, for instance, the vans are great and they've been very much appreciated by the staff, but one of the things that we're looking at is perhaps, in the summertime when there's off peak use by the school district, we might be able to take advantage of the school buses and perhaps the bus drivers, and the town can maybe pay some hourly rate for the bus drivers and maybe for the use of the buses for, say, a summer recreation program or our senior programs, something like that. So that's what we're really basically talking about, but thanks to Dr. Sweeney initially when we had this on a previous agenda, he allowed us to follow up and start using the vehicles. So it's probably time now. We haven't taken advantage of it except for maybe the last couple years and it's been very sporadic, but it's probably time for us to actually formalize it into an IGA, and bringing it back to both of the governing body of the school district and also our council. MAYOR DICKEY: Any questions or comments on that? Yes, Sharon? GRZYBOWSKI: It's been a number of years, but I remember there was some sort of communication break down at some point. I know that it's been a couple of employees TOWN OF FOUNTAIN HILLS Page 45 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 45 of 50 ago, but somebody actually was stranded. I think they were stranded here and the bus or the van or whatever name never came and picked them up. I don't remember who it is, I just vaguely remember this because this seemed so long ago, so I feel like part of my concern is when we do this, we need to ensure that our local folks -- I mean, usually these things happen on Saturdays for us or after regular school hours, so our local folks need to have the phone number of the driver so that they can contact them. Was it an emergency? Did they just forget? I don't want a group of 30 kids stranded, depressed because community services planned this really super fun trip and now they don't have a ride to it. MILLER: Very good point, and something, you know, when you do put these together, sometimes you don't include all those types of contingencies in the actual intergovernmental agreement, but from an operational standpoint, you certainly want to make sure that we have that kind of information available, and it's a very good thing to bring up, so I appreciate that, Council Member. MAYOR DICKEY: Yes, not stranding kids is a good idea. We have other IGA's to talk about, Grady. I think these are our existing ones relating to communications and other things, so I don't know if you want to take them all in a big lump, or how you want to -- MILLER: I just thought I'd just bring these up. We just bring these up just more or less just to show the breadth and extension of our relationships and how they extend. So clearly, through Cox Communications, the town of Fountain Hills makes available the education channel for our use by the school district. Also, we have the intergovernmental agreement that covers any type of construction activity. We do not charge building permit fees or inspection fees, things related to that. So in exchange for joint use of the school district facilities, then we're not extending cost to you for basically those services. And then finally, we have an intergovernmental agreement related to shared use of district and town facilities. As an example, you know, every year we have a graduation held at the amphitheater at Fountain Park. The town has also utilized, you know, not as much anymore, but we have in the past, like the gyms at the high school, and also the school district has also utilized, on occasion, the community center. So this has just been, as a small town and a small school district, we really benefit from having a very good working relationship, and it doesn't really make sense. I mean, it is a true partnership in TOWN OF FOUNTAIN HILLS Page 46 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 46 of 50 the spirit of what a partnership is. So hopefully, by this next time we have a meeting like this, we'll have the intergovernmental agreement will also be something that will be already approved and on that list. I'd be happy to answer, if you have any questions about those items, but they're just there just to remind us the relationship that we have and our partnerships that we already utilize. REED: Thank you, Grady, and I just want to say that the IGA for the shared use has become really popular with the school district with the community center. In the previous years, many moons ago when I was on the PTO, we always held the Gay Love, which is our large fundraiser for the year, at different resorts, sometimes close, sometimes not close, but the PTO has partnered now with using the community centers so it keeps our folks here local. They're using local vendors, our sports teams are now using the community center a lot for team dinners as opposed to having it at someone's home which again, kind of keeps it local, keeps our kids in a space that isn't at someone's home. It's a little more safe, not that our parents aren't safe, but it's just a little more formal, so we really appreciate that the town offers us that ability to have the community center to use for those banquets, so. MAYOR DICKEY: Great. DR. BARNARD: Yeah, I second what Jill said. I think it's a great reciprocal relationship, and I don't know -- I remember at one point, not everybody knows that we have this agreement that we share facilities. We encourage the use of facilities from the town and the school so I mean, I would say, I think making this more known to different groups from, you know, our athletics to everything else and then also the town certainly -- I remember my children going to some of those really awesome summer camps at the middle school gym, and so I think that we should revisit this. I think it's the 15th anniversary of this. Looking at it at 2007, it's actually photocopied with three-ring binder. I am like, yeah, so I think revisiting it, even if the language stays the same with the new signatures and all of that keeps it fresh and a living document that people know about and use. MILLER: Good point, and I'll work with staff on maybe doing some updates. There's probably some also some maybe things related to risk management and insurance and things like that that probably have changed since this probably originally went in, so TOWN OF FOUNTAIN HILLS Page 47 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 47 of 50 thank you. Thanks for the comment. GRZYBOWSKI: Okay, I'm going to be a big old pin in your balloon. We just had a lot of heartache and got a lot of emails and really got beat up about the community center and all of the new rules and the new pricing that we just put into place. I'm not saying we should charge. I'm just tossing that out there that we're going to get hit from a lot of people that it's not fair you're charging insert whatever your favorite music or acting or whatever so expect to hear that. So we might should be prepared. I don't know where we're going to stand on this. MAYOR DICKEY: Well, I don't -- do you want to say something? Dana and I have been like here so long going back and forth with this so yes, sir? SAAR: And that's true. I'm just older than you. So we had a wonderful arrangement between the school district and the town for many years. We transferred land easily. We transferred the operation of the parks and other things back in the day to where we -- I think, if you remember, we won an award from the State for having this relationship between the two governments, so the fact that it's been a while since we've reviewed these, it's probably a good idea, but I think, as we go forward, there's probably going to be some good reasons to have more of these. I hope, anyway. MAYOR DICKEY: And to your point, Sharon, the -- and I remember as a school board member traipsing down to town council meetings and this was about the SRO, but it's the same constituency. So I understand what you're saying about clubs and entertainment and such, but the school district is, you know, paid for by the same exact tax payers as we are. It is a very natural partnership, and I think we talked about the gyms or doing some of those things. I think we -- you know, basketball or whatever. Things that we lack are absolutely the perfect solution for all of the kids that live in this town because they go to the school and their parents pay the same taxes such as they are for both of our entities, so it's a really natural partnership, and I really appreciate that you're going to revisit it because I agree that there's probably some stuff that needs to be updated, but Sharon, I do appreciate what you're saying because we did just go through that whole exercise, but I definitely see this different, and we have IGA's with the sanitary district as well, so we keep that big picture in mind whenever we can. VICE MAYOR FRIEDEL: Ginny? TOWN OF FOUNTAIN HILLS Page 48 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 48 of 50 MAYOR DICKEY: Yes, sir, Vice Mayor? VICE MAYOR FRIEDEL: Sharon, maybe the FHCCA will contact the school district and maybe work out some arrangements directly. MAYOR DICKEY: Let's move on. Thank you, Gerry. So Dana, do you want to take the next one or do you have other staff that's going to introduce? SAAR: I'm delegated because I've been the one probably talking most about this. As I said earlier, we're looking at enrollment projections that take us below a thousand students. Currently, we could put all of our students that are enrolled this fall into one facility at the high school and have room left over. So we know we've got excess resources that we are dealing with and we're paying for. McDowell Mountain is going to be utilized again this coming year, but we're close to make a decision on what to do with that in going forward. Four Peaks has been closed for our purposes for quite some time. You know, we're not in the landlord business, and it is probably -- it is the oldest facility in the district and whether it's feasible to reimage it for some other use or it should be torn down as discussions that we're going to have, and the same thing can be said about McDowell Mountain. I was living here and down the road from there when it was being built, and I'd been in construction most of my life, and it was not designed to be a century-old facility. It's pretty much outlived its usefulness, not just from a physical standpoint but quite frankly, from an academic standpoint. We don't know what 50 years from now will require from us in terms of facilities. Maybe nothing at all, quite frankly, but that's so far down the line that to project our needs for maybe a change in the demographics in Fountain Hills, maybe not. But we don't want to necessarily give up the ability to do something with those two properties 50 years from now. We just don't know what our needs will be. So one of the thoughts that we've had among many is that we work out an agreement with the town to reuse the land itself. We know -- when I was on a committee here, we realized that we were short park space based on our population and so forth, and you know, we're landlocked, so we don't have a lot of extra space to develop parklands, but with the lack of need for those two parcels for educational purposes, there's quite frankly, a possibility that they could be made into park -- first scene that comes up in my mind, because I have neighbors that have dogs is a dog park. But that's just one of a hundred ideas that could be utilized in those areas. McDowell Mountain has TOWN OF FOUNTAIN HILLS Page 49 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 49 of 50 a wash that runs through it. On the south side of that wash, we worked with the town many years ago to develop a passive park at that location with the bridge over the wash. The same thing was being developed at the high school campus on one side of the wash that is now desert into a passive park which would've helped our park numbers a little bit. So I think no decision is ready to be made at this point yet, and we've only briefly talked about it as a board, but I do think that, going forward, that discussion needs to take place, and that between our administrators and our two entities, we need to come up with a solution that meets the needs of the entire community. As we've said already, even though we have a few more residents than the town does because of some annexations that took place years and years ago, and in the last ten years, actually. For the most part, we share the same people. So no matter who owns them, you or us, the same resource is available to the same people. So I look forward to these discussions going forward on what we can do with those two parcels that we may or may not actually use. MAYOR DICKEY: Thank you. Any discussion, questions, or comments about this? No? Well, I just, you know, obviously I think in terms of what the legal uses are and what can possibly happen, and also the educational plans that you have to maybe, you know -- we always want to have more families. You like to have a intergenerational group here, you know, again living in the past, but when we all moved here, it was a lot of young kids, a lot of young families. So seeing how that develops, seeing how the, you know, what you think -- you mentioned the demographics, and even way back then, you were always kind of on top of that, kind of looking at what could be expected as far as income levels and such, and so I look forward to that conversation, and with the facts, with what can we accomplish together, and I think it's always about that, and I really appreciate it very much. Any other questions or comments about this issue or any other issue, actually? Yes, ma'am? VICE PRESIDENT RUTKOWSKI: I think that we as a board are still going to be talking about this. MAYOR DICKEY: Yes, I can imagine you will be. Any other items for the good of the order? Staff, you guys have anything? No? Everybody's good? All right, well, I guess I could take -- do I get a motion to adjourn here, I don't even know. I suppose, yes. Motion to adjourn? TOWN OF FOUNTAIN HILLS Page 50 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 50 of 50 SPELICH: So moved. MAYOR DICKEY: Thank you. GRZYBOWSKI: Second. MAYOR DICKEY: Everybody's in favor, I'm thinking? All in favor -- UNIDENTIFIED SPEAKER: Aye. MAYOR DICKEY: -- aye. Thank you so much. We appreciate it so much. TOWN OF FOUNTAIN HILLS MINUTES OF THE JOINT MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL AND THE FOUNTAIN HILLS UNIFIED SCHOOL DISTRICT BOARD JUNE 21, 2022 • CALL TO ORDER Mayor Dickey called the Joint Meeting of June 21, 2022, to order at 6:56 p.m. • ROLL CALL – Mayor Ginny Dickey Councilmembers Present: Mayor Ginny Dickey; Vice Mayor Gerry Friedel; Councilmembers David Spelich and Sharron Grzybowski Councilmembers Absent: Councilmembers Alan Magazine, Peggy McMahon, and Mike Scharnow Staff Present: Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Linda G. Mendenhall School Board Members Present: President Nadya Jenkins; Vice President Mrs. Judith Rutkowski; Board Members Dr. Wendy Barnard, Mrs. Jill Reed, Mr. Dana Saar School Board Members Absent: None School Staff Present: Interim School Superintendent Dr. Patrick Sweeney; Incoming School Superintendent Dr. Cain Jagodzinksi; Board Secretary Krista Andreae Mayor Dickey welcomed everyone to the joint meeting and mentioned the items on the agenda were for discussion only, and no action will be taken at this meeting. • DISCUSSION ITEMS OF INTEREST • DISCUSSION RELATED TO SAFETY AND SECURITY OF FOUNTAIN HILLS SCHOOLS AND CAMPUSES • • Safe Routes to School – Possible Grant Opportunities Justin Weldy, Public Works Director, provided an overview of two grants awarded through collaboration with the schools. He mentions that the Safety Assessment Grant is relatively large, where 94% of the funding is through MAG with matching funds from the Town of Fountain Hills. The grant is for a non-infrastructure assessment to determine how to make routes to school safer for the Fountain Hills elementary and middle school by evaluating routes, traffic calming, signage, and other items related to those safe routes to enhance the safety of K through H children. Mr. Weldy said the town would collaborate with the school on this process and provide updates. He mentions the selection for the engineering firm will go through MAG. Grady Miller, Town Manager, said that the town is aware there may be some decisions made in the future about the school district and school locations, and if there are any changes, those factors will be included in that study. Mr. Weldy reviewed the second grant awarded for non-infrastructure, mentioning that it will be available in the Fiscal Year 2024. He said this grant is funded at 94%, with the town matching the other portion, which is $882. The grant will support activities, education, and implement safe routes to school and supports the first grant. He mentions the grant may include wages for a school safe route coordinator, safety gear, helmets, vests, et cetera, and incentive prizes for the students as they participate. The grant will also provide funding for school crossing guard training, which is critical. • Flashing School Crossing Signs Justin Weldy, Public Works Director, presented on the installation of permanent flashing school zone signs. He mentions that this is a collaborative effort with the interim Superintendent, Dr. Sweeney, and the Transportation Director, John Flynn, and is supported by the town manager and town council. The design is being handled in-house by town staff, the town engineer, and the assistant town engineer. Mr. Weldy reviewed the placement of the flashing school crossing signs for the Fountain Hills Middle School, mentioning the traffic flows on North Fountain Hills Boulevard just before entering McDowell Mountain Road toward the north. He said the design for this area would factor in the southbound traffic on McDowell Mountain Road entering Fountain Hills Boulevard adjacent to this school. He states we will need an advanced warning sign on that corner alerting traffic. They will use a flashing sign to make them fully aware they are entering a school zone, giving them time to slow down. He said the second flashing sign would be a fifteen-mile- an-hour sign just north of the crosswalk and the marked yellow crosswalk. He mentions that going northbound, because of the adequate sight distance, there will not be an advanced flashing light; it will be the traditional reduced speed limit sign. Just before the crosswalk, there will be a flashing fifteen-mile-an-hour sign. He said that there would be two types of structures used on the projects indicating that they will be solar-powered and communicate with each other via radio. The timing coordination will be through himself and the transportation director, John Flynn, and will have the school calendar built into it. They would monitor it with support and collaboration from the school. He mentions this is a well-deserved, long-awaited improvement in this area. Board Member Dr. Barnard expressed her appreciation for the project and the use of solar panels. She mentions that people get very confused coming from Rio Verde, coming very fast with the turn, and not realizing a school is there. She said people also get confused about the actual start and stop. This will help the teacher who has crosswalk duty and help the students and families keep the road safe before and after school. Vice Mayor Friedel inquired when will this project be done. Mr. Weldy responded that the project would be done before the children returned in August. Board Member Reed expressed her appreciation for the project, stating it is a nice addition, and concurred with Dr. Barnard. She mentions that she is glad to see that people coming in from Rio Verde will have a sign giving some warning because folks do come in pretty quickly on that road, and anything to get them to slow down before they approach our students and crosswalk guards would be great. Councilmember Spelich inquired if Mr. Weldy would loop in Captain Kratzer and possibly, at times, have traffic control enforced by radar. Mr. Weldly responded, saying that he knows this area is patrolled nearly every school day during peak flow times. Board Member Reed expressed her appreciation for the Sheriff's Department stating they have done an excellent job of patrolling the school zones, especially the one on Fountain Hills Boulevard. She mentions that McDowell Mountain is more of a residential street and that people tend to drive slower. Fountain Hills Boulevard can become a speedway indicating that she has seen many speeders get pulled over coming out of the school zone. Mayor Dickey thanked Board Member Reed for her comments mentioning that her remarks go along with the statistics they saw between speeding this year and speeding from last year, showing an increase in numbers. Mayor Dickey mentioned that she's had residents reach out to her about the road rules, which side you ride your bike on, which side you walk on, etc. She recalled when the kids were at McDowell Mountain School; they'd get a handbook right away about that. She said there might be a way for the Town and the School District to partner on this handbook. Pedestrian Safety & Rules of the Road (Bikes, Skateboards, and Walkers) Bo Larsen, Community Relations Director, indicated that there has been discussion about this and that he has researched what other communities have done. He said he remembers those brochures addressing what side to ride on, how to cross the street properly, and who to respect as you go along. He said there's a lot of information from MAG, the City of Scottsdale, the US Department of Transportation, and the Arizona Department of Transportation for us to glean upon. He mentions that he would like to work with the school board or their designee to determine what is needed and in what order. He notes that the Mayor and Town Manager have asked him to help develop the collateral, do the social media and provide the internet resources needed to share on multiple platforms, including the Town Cox Channel 11, to help get the momentum of communications out there. He said there's an excellent opportunity to raise awareness of the importance of not only the children understanding how to do things but the adults remembering how to do things as well. Board Member Dr. Barnard inquired if there were any plans to do anything at the high school with flashing lights. She addressed the topic of outreach and education; when kids push the button to make it flash so they can cross the street, people still drive through it; it is more of the older residents. When it is flashing, you must stop. In response to Dr. Barnard's question, Mayor Dickey indicated that the high school is not zoned as a school zone; it is a pedestrian crosswalk and is not a school zone. Mr. Miller replied in the affirmative. His understanding of the regulations governing schools is that the school is on a major arterial and not an interior road and is also based on the age of the kids going to the school. Board Member Reed concurred with Dr. Barnard regarding education on how to drive through a school zone. She mentions that even though it’s a pedestrian crosswalk and not necessarily associated with the high school if the button is pushed and lights are flashing, it would be nice if people stopped because it is the law. She further explained the need for education because she noticed many people don't understand how to maneuver through a school zone; do they stop before the light, slow down before, or go all the way through and continue past the other signs? President Jenkins said that as an avid walker in the community, she often sees people walking on the wrong side of the road. She taught her children how to properly walk on the road and would appreciate any efforts to educate the students and more tenured citizens on how to be safe on the roadways. Mr. Larsen expressed his appreciation for the feedback. He said he looks forward to working with the school board regarding the proper level of communication, indicating a one-size doesn't fit all for the population we're talking about. • Other items of Interest Mayor Dickey stated that the superintendent received his Ph.D. in school safety and inquired if he had anything to communicate with the town or help convey. President Jenkins said that as Dr. Jagodzinski comes in, the School Board will have a retreat to collectively synchronize as a new body with the new superintendent. One of the priorities will be school safety. She mentions that it is an annual priority and that due to COVID, they have not been reviewed by Homeland Security in a couple of years to reassess the safety and security of their buildings. This is something they will want to revisit and prioritize. Based on that assessment, they can itemize what actions need to be taken and what budgetary dollars can be put towards that. Board Member Saar said the budget issues are an important aspect of what will be discussed later on regarding their facilities. Right now, with three facilities, we have to make sure that all three are safe, and we've invested a lot to keep them safer than they were back in his day. He said we might be down to two, which means we'll save some of that funding that we've been applying to McDowell Mountain, and we can apply that somewhere else, but safety is by far and away our most important aspect of what we do. Obviously, student success might be number one, but that doesn't work if you don't have a safe school environment. Board Member Reed asked Dr. Jagodzinski if he had anything he would like to bring to the council. Dr. Jagodzinski responded, no, school safety is a huge issue, and he has spent a lot of time researching it. He has a lot of ideas to share and looks forward to working collaboratively with the school leaders and the town. Interim Superintendent Dr. Sweeney thanked the town for their ongoing support of the SRO. He expressed his appreciation for their long history of great SROs and their excellent relationship with the Sheriff's Office. He said they have a good relationship with the kids and provide that presence and immediate response and reaction when needed. He hopes this continues. Mayor Dickey thanked Dr. Sweeney for his comments. • PROPOSED TRANSPORTATION INTERGOVERNMENTAL AGREEMENT Mr. Miller mentioned that this item was brought up approximately three to four years ago at one of the joint meetings. Since then, Dr. Sweeney has allowed the town to utilize the vans, and it is time to formalize something through an intergovernmental agreement. He states the use of the vans has been great and appreciated by staff. Staff would like to expand by including the use of the school buses and bus drivers during the summertime when there is off-peak use by the school district. The town could pay an hourly rate for bus drivers and bus use for a summer recreation program or one of the senior programs. Councilmember Grzybowski recalled a communication breakdown that occurred several years ago where some students were stranded because the bus or van never came to pick them up. She expressed the need for contact information for the bus driver since the events happen on Saturdays or after school hours. She doesn't want a group of 30 kids stranded and depressed because community services planned this super fun trip, and now they don’t have a ride to it. Mr. Miller said that is a very good point; we must put together all types of contingencies from an operational standpoint. Those contingencies will not be included in the actual intergovernmental agreement. • DISCUSSION RELATING TO INTERGOVERNMENTAL AGREEMENTS BETWEEN THE TOWN OF FOUNTAIN HILLS AND THE FOUNTAIN HILLS UNIFIED SCHOOL DISTRICT • Resolution 2003-68 – Intergovernmental Agreement relating to Channel 99 • Resolution 2007-01 – Intergovernmental Agreement relating to construction • Resolution 2007-26 – Intergovernmental Agreement relating to shared use of District and Town facilities Mr. Miller reviewed the IGA’s with the School District and their purpose. The IGA relating to Channel 99 agreement through Cox Communications allows the town to make available an education channel for use by the School District. The IGA relating to construction covers any construction activity where the town does not charge a building or inspection fees in exchange for joint use of school district facilities. The IGA relates to the shared use of District and Town Facilities. The school district has used the amphitheater at Fountain Park for graduation, and the town has used the school gyms. He said as a small town and a small district, we really benefit from having a very good working relationship, a true partnership in the spirit of what a partnership is. Board Member Reed expressed her appreciation for the IGA for the shared facility, indicating it has become really popular with the school district using the community center. She mentioned when she was on the PTO; they held Gay Love, their large fundraiser for the year, at different resorts, sometimes close and sometimes not. Through this partnership, they are now using the community center, which helps to keep things local. She mentioned the Sports Teams are using the community center for team dinners instead of having it at someone's home, which keeps it local and keeps our kids in a space that isn't at someone's home. Board Member Dr. Barnard concurred with Board Member Reed's comments and stated that it is a great reciprocal relationship. Not everybody knows about the agreement that we share facilities. She said this needs to be made known to more groups, from athletics to everything else. She noted that it is the 15th Anniversary of this agreement and encouraged revisiting it; even if the language stays the same, it keeps it fresh and a living document that people know about and use. Mr. Miller said he would work with staff on updates as there are probably some things that have changed related to risk management and insurance. Councilmember Grzybowski expressed concern by mentioning recent action taken at a council meeting regarding the new rules and pricing for the use of the community center. She said the town might hear feedback from residents that it's not fair charging them for their event. Board Member Saar commented on the wonderful arrangement between the school district and the town. He mentioned the award received from the State for having this relationship. He concurred with the review of the current IGA’s and the possibility of more in the future. Mayor Dickey addressed Councilmember Grzybowski's concern, stating she understood what she was saying. She mentions that the same exact taxpayers pay for the school district. The amenities the town lacks and what the schools offer is good for both entities; it is a very natural partnership. We need to keep the big picture in mind whenever possible. Vice Mayor Friedel mentioned that the FHCCA may contact the school district and could work out some arrangements directly. • POSSIBLE FUTURE USE OF THE FOUR PEAKS AND MCDOWELL MOUNTAIN SCHOOL SITES BY THE TOWN OF FOUNTAIN HILLS Board Member Saar commented on the enrollment projections for the fall semester. He mentioned that all students enrolled could fit into one facility at the high school, and they would have room left over. He mentions that McDowell Mountain will be utilized this coming year again and that Four Peaks has been closed for their purposes for quite some time. The Four Peaks property is the oldest facility in the district, and discussions need to take place to determine the feasibility to reimage, use for another purpose, or be torn down. He indicated the same could be said regarding McDowell Mountain. He mentions the need for discussion regarding the properties and future needs. One thought is to work out an agreement with the town to reuse the land for a park, based on the need and the population. There is not a lot of extra space to develop parklands, and the lack of need for the parcels for educational purposes. He said that going forward, a discussion about the future use needs to take place been the school administrators and the school board, and the town. They need to come up with a solution that meets the needs of the entire community. Mayor Dickey said that we need to think in terms of what the legal uses are as well as educational plans the board may have. She said she looks forward to that conversation and what the two groups can accomplish together. Vice President Rutkowski said that the board would discuss this issue. Mayor Dickey inquired if there if anyone had anything for the good of the order, having no comments requested a motion to adjourn. Councilmember Spelich moved to adjourn; seconded by Councilmember Grzybowski. • ADJOURNMENT 7:33 p.m. TOWN OF FOUNTAIN HILLS _________________________ Ginny Dickey, Mayor ATTEST AND PREPARED BY: __________________________ Linda G. Mendenhall, 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 21st day of June 2022. I further certify that the meeting was duly called and that a quorum was present. DATED this 21st Day of June 2022. _____________________________ Linda G. Mendenhall, Town Clerk ITEM 7. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/06/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Community Services Prepared by: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for the Fountain Hills Chamber of Commerce for a beer garden in conjunction with the Fountain Festival of Arts and Crafts on November 11-13, 2022. Staff Summary (Background) The purpose of this item is to obtain the Council's approval regarding the Special Event Liquor License application submitted by Richard Harrington for submission to the Arizona Department of Liquor.    The applicant and Fountain Hills VFW Post 7505 are keenly aware that the final issuance of a liquor license, as well as approval to hold the Fountain Festival of Arts and Crafts on November 11-13, 2022, is contingent upon the state, county, and local ordinances and guidelines as it relates to public health and the COVID-19 pandemic.  Furthermore, the applicant and Fountain Hills VFW understand the Avenue of the Fountains may not be able to serve as the venue and that the Fountain Festival of Arts and Crafts event is subject to cancellation.    All special event liquor license applicants are required to submit an application and pay a $25 fee for processing.  Once the fee is paid, and the application is reviewed by Town staff, the application is forwarded to the Town Council for 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. The special event liquor license application was reviewed by staff for compliance with Town ordinances, and staff unanimously recommended approval of the application as submitted. Related Ordinance, Policy or Guiding Principle A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, 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.  SUGGESTED MOTION MOVE to approve the special event liquor license. Attachments G:\Special Events\Liquor Apps\2022  Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 07/26/2022 02:41 PM Finance Director David Pock 07/26/2022 03:44 PM Town Attorney Aaron D. Arnson 07/26/2022 04:08 PM Town Manager Grady E. Miller 08/18/2022 09:51 AM Form Started By: Linda Ayres Started On: 07/19/2022 07:03 AM Final Approval Date: 08/18/2022  ITEM 7. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/06/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Community Services Prepared by: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for the Fountain Hills Chamber of Commerce for a  beer garden in conjunction with the Fountain Festival of Arts and Crafts on November 11-13, 2022. Staff Summary (Background) The purpose of this item is to obtain the Council's approval regarding the Special Event Liquor License application submitted by Sandy Borken for submission to the Arizona Department of Liquor.    The applicant and Fountain Hills VFW Post 7507 are keenly aware that the final issuance of a liquor license, as well as approval to hold the Fountain Festival of Arts and Crafts on November 11-13, 2022, is contingent upon the state, county, and local ordinances and guidelines as it relates to public health and the COVID-19 pandemic.  Furthermore, the applicant and Fountain Hills VFW understand the Avenue of the Fountains may not be able to serve as the venue and that the Fountain Festival of Arts and Crafts event is subject to cancellation.    All special event liquor license applicants are required to submit an application and pay a $25 fee for processing.  Once the fee is paid, and the application is reviewed by Town staff, the application is forwarded to the Town Council for 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. The special event liquor license application was reviewed by staff for compliance with Town ordinances, and staff unanimously recommended approval of the application as submitted. Related Ordinance, Policy or Guiding Principle A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, 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. SUGGESTED MOTION MOVE to approve the special event liquor license. Attachments G:\Special Events\Liquor Apps\2022  Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 07/26/2022 02:41 PM Finance Director David Pock 07/26/2022 03:44 PM Town Attorney Aaron D. Arnson 07/26/2022 04:08 PM Town Manager Grady E. Miller 08/18/2022 09:52 AM Form Started By: Linda Ayres Started On: 07/19/2022 07:12 AM Final Approval Date: 08/18/2022  ITEM 7. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/06/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Community Services Prepared by: Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for Fountain Hills Theatre for a  beer garden in conjunction with the Fountain Hills Theater Opening Night celebration on October 14, 2022. Staff Summary (Background) The purpose of this item is to obtain the Council's approval regarding the Special Event Liquor License application submitted by Allison Hacker, representing the Fountain Hills Theater, submission to the Arizona Department of Liquor.    The applicant and Fountain Hills Theater are keenly aware that the final issuance of a liquor license, as well as approval to hold the Opening Night on October 14, 2022, is contingent upon the state, county, and local ordinances and guidelines as it relates to public health and the COVID-19 pandemic.   All special event liquor license applicants are required to submit an application and pay a $25 fee for processing.  Once the fee is paid, and the application is reviewed by Town staff, the application is forwarded to the Town Council for 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. The special event liquor license application was reviewed by staff for compliance with Town ordinances, and staff unanimously recommended approval of the application as submitted. Related Ordinance, Policy or Guiding Principle A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, 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. SUGGESTED MOTION MOVE to Staff recommends approval. Attachments G:\Special Events\Liquor Apps\2022  Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 07/26/2022 02:42 PM Finance Director David Pock 07/26/2022 03:28 PM Town Attorney Aaron D. Arnson 07/26/2022 03:35 PM Town Manager Grady E. Miller 08/18/2022 09:52 AM Form Started By: Linda Ayres Started On: 07/21/2022 10:23 AM Final Approval Date: 08/18/2022  ITEM 7. D. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/06/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Community Services Prepared by: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for Fountain Hills Theatre for a wine garden in conjunction with the Fountain Hills Theater Opening Night celebration on November 4, 2022. Staff Summary (Background) The purpose of this item is to obtain the Council's approval regarding the Special Event Liquor License application submitted by Allison Hacker, representing the Fountain Hills Theater, submission to the Arizona Department of Liquor.    The applicant and Fountain Hills Theater are keenly aware that the final issuance of a liquor license, as well as approval to hold the Opening Night on November 4, 2022, is contingent upon the state, county, and local ordinances and guidelines as it relates to public health and the COVID-19 pandemic.   All special event liquor license applicants are required to submit an application and pay a $25 fee for processing.  Once the fee is paid, and the application is reviewed by Town staff, the application is forwarded to the Town Council for 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. The special event liquor license application was reviewed by staff for compliance with Town ordinances, and staff unanimously recommended approval of the application as submitted. Related Ordinance, Policy or Guiding Principle A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, 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. SUGGESTED MOTION MOVE to Staff recommends approval. Attachments G:\Special Events\Liquor Apps\2022  Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 07/26/2022 02:43 PM Finance Director David Pock 07/26/2022 03:32 PM Town Attorney Aaron D. Arnson 07/26/2022 03:35 PM Town Manager Grady E. Miller 08/18/2022 10:03 AM Form Started By: Linda Ayres Started On: 07/21/2022 10:35 AM Final Approval Date: 08/18/2022  ITEM 7. E. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/06/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Community Services Prepared by: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for Fountain Hills Theatre for a wine garden in conjunction with the Fountain Hills Theater Opening Night celebration on December 2, 2022. Staff Summary (Background) The purpose of this item is to obtain the Council's approval regarding the Special Event Liquor License application submitted by Allison Hacker, representing the Fountain Hills Theater, submission to the Arizona Department of Liquor.    The applicant and Fountain Hills Theater are keenly aware that the final issuance of a liquor license, as well as approval to hold the Opening Night on December 2, 2022, is contingent upon the state, county, and local ordinances and guidelines as it relates to public health and the COVID-19 pandemic.   All special event liquor license applicants are required to submit an application and pay a $25 fee for processing.  Once the fee is paid, and the application is reviewed by Town staff, the application is forwarded to the Town Council for 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. The special event liquor license application was reviewed by staff for compliance with Town ordinances, and staff unanimously recommended approval of the application as submitted. Related Ordinance, Policy or Guiding Principle A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, 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. SUGGESTED MOTION MOVE to approve the special event liquor license. Attachments G:\Special Events\Liquor Apps\2022  Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 07/26/2022 02:43 PM Finance Director David Pock 07/26/2022 03:32 PM Town Attorney Aaron D. Arnson 07/26/2022 03:35 PM Town Manager Grady E. Miller 08/18/2022 10:03 AM Form Started By: Linda Ayres Started On: 07/21/2022 10:42 AM Final Approval Date: 08/18/2022  ITEM 7. F. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/06/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Community Services Prepared by: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for Fountain Hills Theatre for a wine garden in conjunction with the Fountain Hills Theater Opening Night celebration on January 27, 2023. Staff Summary (Background) The purpose of this item is to obtain the Council's approval regarding the Special Event Liquor License application submitted by Allison Hacker, representing the Fountain Hills Theater, submission to the Arizona Department of Liquor. The applicant and Fountain Hills Theater are keenly aware that the final issuance of a liquor license, as well as approval to hold the Opening Night on January 27, 2023, is contingent upon the state, county, and local ordinances and guidelines as it relates to public health and the COVID-19 pandemic. All special event liquor license applicants are required to submit an application and pay a $25 fee for processing. Once the fee is paid, and the application is reviewed by Town staff, the application is forwarded to the Town Council for 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. The special event liquor license application was reviewed by staff for compliance with Town ordinances, and staff unanimously recommended approval of the application as submitted. Related Ordinance, Policy or Guiding Principle A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, 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. SUGGESTED MOTION MOVE to approve the special event liquor license. Attachments G:\Special Events\Liquor Apps\2023  Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 07/26/2022 02:43 PM Finance Director David Pock 07/26/2022 03:32 PM Town Attorney Aaron D. Arnson 07/26/2022 03:35 PM Town Manager Grady E. Miller 08/18/2022 10:08 AM Form Started By: Linda Ayres Started On: 07/21/2022 10:53 AM Final Approval Date: 08/18/2022  ITEM 7. G. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/06/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Community Services Prepared by: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for Fountain Hills Theatre for a wine garden in conjunction with the Fountain Hills Theater Opening Night celebration on March 3, 2023 Staff Summary (Background) The purpose of this item is to obtain the Council's approval regarding the Special Event Liquor License application submitted by Allison Hacker, representing the Fountain Hills Theater, submission to the Arizona Department of Liquor.    The applicant and Fountain Hills Theater are keenly aware that the final issuance of a liquor license, as well as approval to hold the Opening Night on March 3, 2023, is contingent upon the state, county, and local ordinances and guidelines as it relates to public health and the COVID-19 pandemic.   All special event liquor license applicants are required to submit an application and pay a $25 fee for processing.  Once the fee is paid, and the application is reviewed by Town staff, the application is forwarded to the Town Council for 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. The special event liquor license application was reviewed by staff for compliance with Town ordinances, and staff unanimously recommended approval of the application as submitted. Related Ordinance, Policy or Guiding Principle A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, 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. SUGGESTED MOTION MOVE to approve the special event liquor license. Attachments G:\Special Events\Liquor Apps\2023  Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 07/26/2022 02:43 PM Finance Director David Pock 07/26/2022 03:32 PM Town Attorney Aaron D. Arnson 07/26/2022 03:35 PM Town Manager Grady E. Miller 08/18/2022 10:09 AM Form Started By: Linda Ayres Started On: 07/21/2022 11:03 AM Final Approval Date: 08/18/2022  ITEM 7. H. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/06/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Community Services Prepared by: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for Fountain Hills Theatre for a wine garden in conjunction with the Fountain Hills Theater Opening Night celebration on March 24, 2023 Staff Summary (Background) The purpose of this item is to obtain the Council's approval regarding the Special Event Liquor License application submitted by Allison Hacker, representing the Fountain Hills Theater, submission to the Arizona Department of Liquor.    The applicant and Fountain Hills Theater are keenly aware that the final issuance of a liquor license, as well as approval to hold the Opening Night on March 24, 2023, is contingent upon the state, county, and local ordinances and guidelines as it relates to public health and the COVID-19 pandemic.   All special event liquor license applicants are required to submit an application and pay a $25 fee for processing.  Once the fee is paid, and the application is reviewed by Town staff, the application is forwarded to the Town Council for 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. The special event liquor license application was reviewed by staff for compliance with Town ordinances, and staff unanimously recommended approval of the application as submitted. Related Ordinance, Policy or Guiding Principle A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, 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.   SUGGESTED MOTION MOVE to approve the special event liquor license. Attachments G:\Special Events\Liquor Apps\2023  Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 07/26/2022 02:43 PM Finance Director David Pock 07/26/2022 03:32 PM Town Attorney Aaron D. Arnson 07/26/2022 03:35 PM Town Manager Grady E. Miller 08/18/2022 10:09 AM Form Started By: Linda Ayres Started On: 07/21/2022 11:15 AM Final Approval Date: 08/18/2022  ITEM 7. I. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/06/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Community Services Prepared by: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for Fountain Hills Theatre for a wine garden in conjunction with the Fountain Hills Theater Opening Night celebration on April 28, 2023. Staff Summary (Background) The purpose of this item is to obtain the Council's approval regarding the Special Event Liquor License application submitted by Allison Hacker, representing the Fountain Hills Theater, submission to the Arizona Department of Liquor.    The applicant and Fountain Hills Theater are keenly aware that the final issuance of a liquor license, as well as approval to hold the Opening Night on April 28, 2023, is contingent upon the state, county, and local ordinances and guidelines as it relates to public health and the COVID-19 pandemic.   All special event liquor license applicants are required to submit an application and pay a $25 fee for processing.  Once the fee is paid, and the application is reviewed by Town staff, the application is forwarded to the Town Council for 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. The special event liquor license application was reviewed by staff for compliance with Town ordinances, and staff unanimously recommended approval of the application as submitted. Related Ordinance, Policy or Guiding Principle A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, 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.   SUGGESTED MOTION MOVE to approve the special event liquor license. Attachments G:\Special Events\Liquor Apps\2023  Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 07/26/2022 02:43 PM Finance Director David Pock 07/26/2022 03:32 PM Town Attorney Aaron D. Arnson 07/26/2022 03:36 PM Town Manager Grady E. Miller 08/18/2022 10:09 AM Form Started By: Linda Ayres Started On: 07/21/2022 11:22 AM Final Approval Date: 08/18/2022  ITEM 7. J. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/06/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Community Services Prepared by: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for Fountain Hills Theatre for a wine garden in conjunction with the Fountain Hills Theater Opening Night celebration on May 19, 2023. Staff Summary (Background) The purpose of this item is to obtain the Council's approval regarding the Special Event Liquor License application submitted by Allison Hacker, representing the Fountain Hills Theater, submission to the Arizona Department of Liquor.    The applicant and Fountain Hills Theater are keenly aware that the final issuance of a liquor license, as well as approval to hold the Opening Night on May19,2023, is contingent upon the state, county, and local ordinances and guidelines as it relates to public health and the COVID-19 pandemic.   All special event liquor license applicants are required to submit an application and pay a $25 fee for processing.  Once the fee is paid, and the application is reviewed by Town staff, the application is forwarded to the Town Council for 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. The special event liquor license application was reviewed by staff for compliance with Town ordinances, and staff unanimously recommended approval of the application as submitted. Related Ordinance, Policy or Guiding Principle A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, 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.   SUGGESTED MOTION MOVE to approve the special event liquor license.   Attachments G:\Special Events\Liquor Apps\2023  Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 07/26/2022 02:43 PM Finance Director David Pock 07/26/2022 03:32 PM Town Attorney Aaron D. Arnson 07/26/2022 03:36 PM Town Manager Grady E. Miller 08/18/2022 10:09 AM Form Started By: Linda Ayres Started On: 07/21/2022 11:28 AM Final Approval Date: 08/18/2022  ITEM 7. K. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/06/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Community Services Prepared by: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for Fountain Hills Theatre for a wine garden in conjunction with the Fountain Hills Theater Opening Night celebration on June 19, 2023. Staff Summary (Background) The purpose of this item is to obtain the Council's approval regarding the Special Event Liquor License application submitted by Allison Hacker, representing the Fountain Hills Theater, submission to the Arizona Department of Liquor.    The applicant and Fountain Hills Theater are keenly aware that the final issuance of a liquor license, as well as approval to hold the Opening Night on June 19, 2023, is contingent upon the state, county, and local ordinances and guidelines as it relates to public health and the COVID-19 pandemic.   All special event liquor license applicants are required to submit an application and pay a $25 fee for processing.  Once the fee is paid, and the application is reviewed by Town staff, the application is forwarded to the Town Council for 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. The special event liquor license application was reviewed by staff for compliance with Town ordinances, and staff unanimously recommended approval of the application as submitted. Related Ordinance, Policy or Guiding Principle A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, 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.   SUGGESTED MOTION MOVE to approve the special event liquor license. Attachments G:\Special Events\Liquor Apps\2023  Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 07/26/2022 02:43 PM Finance Director David Pock 07/26/2022 03:32 PM Town Attorney Aaron D. Arnson 07/26/2022 03:36 PM Town Manager Grady E. Miller 08/18/2022 10:09 AM Form Started By: Linda Ayres Started On: 07/21/2022 11:42 AM Final Approval Date: 08/18/2022  ITEM 7. L. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/06/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Community Services Prepared by: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for Fountain Hills Theatre for a wine garden in conjunction with the Fountain Hills Theater fundraiser on March 6, 2023 at the Community Center. Staff Summary (Background) The purpose of this item is to obtain the Council's approval regarding the Special Event Liquor License application submitted by Allison Hacker, representing the Fountain Hills Theater, submission to the Arizona Department of Liquor.    The applicant and Fountain Hills Theater are keenly aware that the final issuance of a liquor license, as well as approval to hold the fundraiser at the Community Center on March 6, 2023, is contingent upon the state, county, and local ordinances and guidelines as it relates to public health and the COVID-19 pandemic.   All special event liquor license applicants are required to submit an application and pay a $25 fee for processing.  Once the fee is paid, and the application is reviewed by Town staff, the application is forwarded to the Town Council for 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. The special event liquor license application was reviewed by staff for compliance with Town ordinances, and staff unanimously recommended approval of the application as submitted. Related Ordinance, Policy or Guiding Principle A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, 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. SUGGESTED MOTION MOVE to approve the liquor license. Attachments G:\Special Events\Liquor Apps\2023  Form Review Inbox Reviewed By Date Community Services Director Linda Mendenhall 08/30/2022 03:11 PM Form Started By: Linda Ayres Started On: 07/21/2022 11:36 AM Final Approval Date: 08/30/2022  ITEM 7. M. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/06/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Community Services Prepared by: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for Fountain Hills Theatre for a wine garden in conjunction with the Fountain Hills Theater Opening Night celebration on January 6, 2023. Staff Summary (Background) The purpose of this item is to obtain the Council's approval regarding the Special Event Liquor License application submitted by Allison Hacker, representing the Fountain Hills Theater, submission to the Arizona Department of Liquor.    The applicant and Fountain Hills Theater are keenly aware that the final issuance of a liquor license, as well as approval to hold the Opening Night on January 6, 2023, is contingent upon the state, county, and local ordinances and guidelines as it relates to public health and the COVID-19 pandemic.   All special event liquor license applicants are required to submit an application and pay a $25 fee for processing.  Once the fee is paid, and the application is reviewed by Town staff, the application is forwarded to the Town Council for 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. The special event liquor license application was reviewed by staff for compliance with Town ordinances, and staff unanimously recommended approval of the application as submitted. Related Ordinance, Policy or Guiding Principle A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, 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. SUGGESTED MOTION MOVE to to approve the special event liquor license. Attachments G:\Special Events\Liquor Apps\2023  Form Review Inbox Reviewed By Date Community Services Director Linda Mendenhall 08/30/2022 03:12 PM Form Started By: Linda Ayres Started On: 08/29/2022 02:44 PM Final Approval Date: 08/30/2022  ITEM 7. N. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/06/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Community Services Prepared by: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application from the Fountain Hills Community Fountain to serve alcohol at the Fluter at the Fountain Hills Community Garden event on November 5, 2022. Staff Summary (Background) The purpose of this item is to obtain the Council's approval regarding the Special Event Liquor License application submitted by Jean Linzer, representing the Fountain Hills Community Foundation, for submission to the Arizona Department of Liquor.    The applicant and Fountain Hills Community Foundation are keenly aware that the final issuance of a liquor license as well as approval to hold the Flutter at the Fountain Hills Community Garden event on November 5, 2022, is contingent upon the state, county, and local ordinances and guidelines as it relates to public health and the COVID-19 pandemic.  .    All special event liquor license applicants are required to submit an application and pay a $25 fee for processing.  Once the fee is paid and the application is reviewed by Town staff, the application is forwarded to the Town Council for review and consideration. After the Town Council approves the application, 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. The special event liquor license application was reviewed by staff for compliance with Town ordinances and staff unanimously recommended approval of the application as submitted. Related Ordinance, Policy or Guiding Principle A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, 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. SUGGESTED MOTION MOVE to Staff recommends approval. Attachments G:\Special Events\Liquor Apps\2022  Form Review Inbox Reviewed By Date Community Services Director Linda Mendenhall 08/30/2022 03:12 PM Form Started By: Linda Ayres Started On: 08/29/2022 02:53 PM Final Approval Date: 08/30/2022  ITEM 7. O. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/06/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Public Works Prepared by: David Janover, Town Engineer Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-39, abandoning the 10' Public Utility and Drainage Easements along the west and south sides of 16222 N Boulder Drive (Application A22-000007)  Staff Summary (Background) This is a proposal to abandon the pre-incorporation 10' Public Utility and Drainage Easements along the western and southern property lines of Plat 505-B, Block 2, Lot 19 (16222 N Boulder Drive).  Mr. Scott Durkin, the owner of the property, plans to install a pool, which will encroach into the existing easement.  Staff have reviewed the site to determine the potential on-site drainage issues in addition to the Town's general interest in the easement.  There is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that the owner of the lot is required to pass the developed flows generated by the upstream lots across their property.  All public utilities have approved the abandonment of this easement. 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 adoption of Resolution 2022-39. SUGGESTED MOTION MOVE to adopt Resolution 2022-39. Attachments Vicinity Map  Aerial Photo Map  Exhibit A: Survey  Resolution 2022-39  Form Review Inbox Reviewed By Date Development Services Director John Wesley 08/29/2022 09:46 AM Town Attorney Aaron D. Arnson 08/30/2022 08:37 AM Town Manager Grady E. Miller 08/30/2022 09:31 AM Form Started By: David Janover Started On: 08/22/2022 07:24 AM Final Approval Date: 08/30/2022  BEELIN E H W Y SHEA BLVD PAL I S A D E S B L V D SAGUARO BLVD SAG U A R O B L V D PALIS A D E S B L V D PALISA D E S B L V D SA G U A R O B L V D FO U N T A I N H I L L S B L V D McDOWELL M O U N T A I N R D FOUNTA I N H I L L S B L V D SUNR I D G E D R EL L A G O B L V D AVEN U E O F T H E FOUN T A I N S PAN O R A M A D R FI R E R O C K C O U N T R Y CL U B D R CR E S T V I E W D R GRANDE BL V D G O L D E N E A G L E B L V D E A G L E R I D G E D R E A G L E R I D G E D R VICINITY MAP TOWN OF FOUNTAIN HILLS NORTH SCALE: 1" = 3500' All that is Ar i z o n a F O U N TAIN HI L L S T OWN OF INC. 1989 TOWN HALL DEVELOPMENT SERVICES DEPARTMENT SCOTTSDALE McDOWELL MOUNTAIN PARK FO R T M c D O W E L L Y A V A P A I N A T I O N SALT RIVER PIMA MARICOPA INDIAN COMMUNITY TOWN BOUNDARY SCOTTSDALE 16222 N BOULDER DR A22-0000007 DEVELOPMENT SERVICES A ll that is A r i z o n a F O U N T AIN HI L L S T OWN OF INC. 1989 ZONING: R1-10 N B O U L D E R D R LOT 19 LEGEND: PHOTO MAP 2022 AERIAL LOT 18 A22-000007 LOT 20 E RICHWOOD AVE LOT 21 ABANDON 10' P.U.E. & D.E. EXHIBIT "A" TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT LOT 19 A22-000007 RESOLUTION 2022-39 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE PRE- INCORPORATION 10' PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE WESTERN AND SOUTHERN PROPERTY LINES OF PLAT 505-B, BLOCK 2, LOT 19 (16222 N BOULDER DRIVE) FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 158 OF MAPS, PAGE 43 WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”), as the governing body of real property located in the Town of Fountain Hills (the “Town”), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That the certain public utility and drainage easement, located at the southern property line of Plat 505-B, Block 2, Lot 19 (16222 N Boulder Drive) Fountain Hills, as recorded in the Office of the County Recorder of Maricopa County, Arizona, Book 158 of Maps, Page 43, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owner is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills September 6, 2022. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Ginny Dickey, Mayor Linda Mendenhall, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney ITEM 8. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/06/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Administration Prepared by: Grady E. Miller, Town Manager Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION to terminate the sister city status with Kasterlee, Belgium. Staff Summary (Background) The Town of Fountain Hills established its first sister city relationship with Kasterlee, Belgium, in 1999.  Kasterlee was originally selected due to its similarity to Fountain Hills in population, community characteristics, and location to a major metropolitan area.  For a number of years, the sister city relations between Kasterlee and Fountain Hills have become dormant, even with attempts by the Fountain Hills Sister Cities Corp. and the Town of Fountain Hills to resurrect civic and cultural relations.   Due to the inactivity and unsuccessful attempts to resume relations, the Fountain Hills Sister Cities Commission voted to recommend terminating the sister city partnership agreement at its meeting on May 18, 2022.  Assuming the Town Council wishes to terminate the sister city status, the next step would be for the Town of Fountain Hills to formally communicate the termination of the sister city status to the Mayor of Kasterlee, Belgium, and to Sister Cities International.  There is interest on the part of the Sister Cities Commission and Fountain Hills Sister Cities Corporation in developing sister city relations with other potential sister cities, so it makes sense to formally terminate the sister city status with Kasterlee. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) The Sister Cities Commission voted unanimously to terminate sister city status at its meeting on May 18, 2022. Staff Recommendation(s) Staff recommends formally terminating the sister city relationship with Kasterlee, Belgium. SUGGESTED MOTION MOVE to terminate the sister city status with Kasterlee, Belgium.   Attachments Proclamation - Kasterlee Belgium  Form Review Inbox Reviewed By Date Finance Director David Pock 08/25/2022 05:50 PM Town Attorney Linda Mendenhall 08/30/2022 07:26 AM Clerk Linda Mendenhall 08/30/2022 07:27 AM Form Started By: Grady E. Miller Started On: 08/25/2022 03:53 PM Final Approval Date: 08/30/2022  Town of Fountain Hills Office of the Mayor A Proclamation WHEREAS: In the words of renown anthropologist Margaret Mead, “As the traveler who has once been from home is wiser than he who has never left his own doorstep, so a knowledge of another culture should sharpen our ability to scrutinize more steadily, to appreciate more lovingly, our own.”; and WHEREAS: The wisdom of Mead’s observation is evidenced by the inauguration of the Sister City Program by the President of the United States in 1956 to establish, encourage and cultivate greater friendship and understanding between the people of the United States and other nations through direct personal contact; and WHEREAS: The great and history-rich countries of Europe have recognized the far-reaching benefits and wisdom of sharing knowledge and ideas with other nations, of making friends out of strangers; and WHEREAS: The world becomes our home and all men and women become our brothers and sisters when we seek to know and understand them; and WHEREAS: For more than three years, citizens from the city of Kasterlee, Belgium and the Town of Fountain Hills, Arizona, USA have broken the boundaries of distance and forged new friendships by traveling to each others countries, recounting their histories, comparing their communities, and sharing their visions of the future; and WHEREAS: These two special communities recognize, in spite of geographical differences and distances, the genuine and deep bonds that can be forged based on their common humanity and desire to learn about and understand cultures that vary from their own; NOW, THEREFORE, BE IT PROCLAIMED, that the Honorable Mayor of Kasterlee, Belgium, Walter Otten, and the Honorable Mayor of Fountain Hills, Arizona, Sharon Morgan, have hereby subscribed their signatures and pledged their ongoing commitment to establishing a Sister City relationship between their respective jurisdictions by sharing their ideas and ideals for the future of their communities, understanding and minimizing their differences through the process of educational exchange, and continuing their ongoing dialog of partnership into the next millennium. Duly signed, declared and proclaimed by the representative parties this 17th day of November, 1999. City of Kasterlee, Belgium Town of Fountain Hills, Arizona Mayor Walter Otten Mayor Sharon Morgan ITEM 8. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/06/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Public Works Prepared by: Justin Weldy, Public Works Director Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approving Professional Services Agreement 2023-032 with ASR Construction Group LLC for construction of Phase II of the Panorama Drainage Pipe. Staff Summary (Background) The Panorama Drive Storm Drain Channel south of El Lago was originally constructed in 1988 (pre-incorporation) by MCO Properties, as a part of the Puerto Del Lago off-site Improvements. The Storm Drain Channel is approximately 800' long and is approximately 50’ feet wide. Water flows even during dry weather and has been observed in the channel from the upstream pipe outlet, although the cause(s) of those flows has never been clearly identified. However, those flows indicate that the likelihood of drainage flow through this segment of channel is most likely groundwater. This channel is located in the lower segment of the Panorama Wash with standing stagnant water issues for many years. The standing water has resulted in complaints about insects and foul odors due to the stagnant water. To minimize the negative effects of this, the town installed and maintains a pump system in this area. The pumping system currently pumps 30,000 to 60,000 gallons of groundwater into Fountain Lake every 24 hours. However, there is an area between the outfall of the recently installed Panorama storm drain pipe and the pump that continues to be problematic. Phase II of the project will include approximately 700 feet of storm drain improvements and water pump replacement design. The storm drain improvements will extend the recently replaced storm drain east to the outfall location near the existing water pump. This final phase of the project will replace the pump with a submersible push pump model with modified, upgraded electrical connection and controls, resulting in additional groundwater delivery to Fountain Lake. The Town published an Invitation for Bids (IFB) on June 22, 2022, on the Town website and in the  Fountain Hills Times, and the Arizona Business Gazette on June 23, 2022. ASR Construction Group LLC was the sole bidder with a bid of $1,008,543.21, which is within the Council adopted Capital Improvement budget of $1,025,000. An owners' allowance in the amount of $80,000 is included, which results in a project total of $1,088,543.21, or about $63,000 over the approved project budget of $1,025,000. There is sufficient funding in the Capital Fund to cover the additional cost of the owner's allowance which will only be expended in the event that the town determines it is needed.   Related Ordinance, Policy or Guiding Principle Capital Projects Policy Risk Analysis Not addressing this ongoing stagnant water issue will result in additional complaints and issues with insects and foul odors. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of Professional Services Agreement 2023-032 with ASR Construction Group LLC. for construction of Phase II of the Panorama Drainage pipe in the amount of $1,088,543.21. SUGGESTED MOTION MOVE to approve Professional Services Agreement 2023-032 with ASR Construction Group LLC.for construction of Phase II of the Panorama Drainage Pipe in the amount of $1,088,543.21, and the associated budget transfers.  Fiscal Impact Fiscal Impact:1,088,543.21 Budget Reference:N/A Funding Source:Capital Projects If Multiple Funds utilized, list here:N/A Budgeted: if No, attach Budget Adjustment Form:N/A Attachments Professional Services Agreement  Invitation for Bids  Budget Transfer  Form Review Inbox Reviewed By Date Public Works Director (Originator)Justin Weldy 08/18/2022 05:31 PM Finance Director David Pock 08/18/2022 05:49 PM Town Attorney Aaron D. Arnson 08/22/2022 08:53 AM Town Manager Grady E. Miller 08/25/2022 05:54 PM Form Started By: Justin Weldy Started On: 08/01/2022 01:16 PM Final Approval Date: 08/25/2022  1 Contract No. 2023-032 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND ASR CONSTRUCTION GROUP, LLC THIS PROFESSIONAL SERVICES AGREEMENT (this “Agreement”) is entered into upon execution between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and ASR Construction Group, LLC, a(n) Arizona limited liability company (the “Vendor”). RECITALS A. The Town issued a Request for Proposals, IFB No. “IFB-2022-025” (the “IFB”), a copy of which is on file with the Town and incorporated herein by reference, seeking proposals from vendors interested in providing Panorama Drive Storm Drain Pipe Replacement (Phase II) for the Town (the “Services”). B. The Vendor responded to the RFP by submitting a proposal (the “Proposal”), attached hereto as Exhibit A and incorporated herein by reference. C. The Town desires to enter into an Agreement with the Vendor to perform the Services, as set forth 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 Vendor 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 June 30, 2023 (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 four successive one-year terms (each, a “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 Vendor 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 Vendor’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 Vendor, elect to waive this requirement and renew this Agreement. The Initial Term and all 2 Renewal Terms, if any, 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. Scope of Work. Vendor shall provide the Services as set forth in the Scope of Work attached hereto as Exhibit A and incorporated herein by reference. 3. Compensation. The Town shall pay the Vendor an aggregate amount not to exceed $1,088,543.21, (including all renewals) which sum includes an owner’s allowance of $80,000, at the rates set forth in the Fee Proposal attached hereto as Exhibit B and incorporated herein by reference. 4. Payments. The Town shall pay the Vendor monthly (and the Vendor shall invoice the Town monthly), based upon work performed and completed to date, and upon submission and approval of invoices. 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. 6. Vendor Personnel. Vendor shall provide adequate, experienced personnel, capable of and devoted to the successful performance of the Services under this Agreement. Vendor agrees to assign specific individuals to key positions. If deemed qualified, the Vendor is encouraged to hire Town residents to fill vacant positions at all levels. Vendor 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, Vendor 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 Vendor’s performance. The Vendor shall provide and maintain a self-inspection system that is acceptable to the Town. 8. Licenses; Materials. Vendor shall maintain in current status all federal, state and local licenses and permits required for the operation of the business conducted by the Vendor. The Town has no obligation to provide Vendor, 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 Vendor. 9. Performance Warranty. Vendor 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. 3 10. Indemnification. To the fullest extent permitted by law, the Vendor 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 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) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, breach of contract, in connection with the work or services of the Vendor, 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 Vendor, Vendor 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 Vendor. 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 Vendor 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. 4 E. Primary Insurance. Vendor’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 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 Vendor. Vendor 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. Vendor 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, Vendor 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 Vendor. Vendor 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, Vendor will provide the Town with suitable evidence of insurance in the form of certificates of insurance and a copy of the declaration page(s) of the insurance policies as required by this Agreement, issued by Vendor’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. Confidential information such as the policy premium may be redacted from the declaration page(s) of each insurance policy, provided that such redactions do not alter any of the information required by this Agreement. The Town shall reasonably rely upon the certificates of insurance and declaration page(s) 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 Vendor’s responsibility to forward renewal certificates and declaration page(s) to the Town 30 days prior to the expiration date. All certificates of 5 insurance and declarations 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 or declarations received without the appropriate RFP number and title or a reference to this Agreement, as applicable. Additionally, certificates of insurance and declaration page(s) of the insurance policies 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 and declaration page(s) 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. (c) Excess Liability – Follow Form to underlying insurance. (2) Vendor’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 Vendor under this Agreement. (4) ACORD certificate of insurance form 25 (2014/01) is preferred. If ACORD certificate of insurance form 25 (2001/08) is used, the phrases in the cancellation provision “endeavor to” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives” shall be deleted. Certificate forms other than ACORD form shall have similar restrictive language deleted. 11.2 Required Insurance Coverage. A. Commercial General Liability. Vendor shall maintain “occurrence” form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as 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 6 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. Vendor shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Vendor’s owned, hired and non-owned vehicles assigned to or used in the performance of the Vendor’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 Vendor engages in any professional services or work in any way related to performing the work under this Agreement, the Vendor shall maintain Professional Liability insurance covering negligent errors and omissions arising out of the Services performed by the Vendor, or anyone employed by the Vendor, or anyone for whose negligent acts, mistakes, errors and omissions the Vendor is legally liable, with an unimpaired liability insurance limit of $2,000,000 each claim and $2,000,000 annual aggregate. D. Workers’ Compensation Insurance. Vendor shall maintain Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Vendor’s employees engaged in the performance of work or services under this Agreement and shall also maintain Employers Liability Insurance of not less than $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 Vendor of written notice by the Town. Upon termination for convenience, Vendor shall be paid for all undisputed services performed to the termination date. 7 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 Vendor 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 Vendor 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 Vendor 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 Vendor 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 Vendor, cancel this Agreement if it is found by the Town that gratuities, in the form of economic opportunity, future employment, entertainment, gifts or otherwise, were offered or given by the Vendor or any agent or representative of the Vendor 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 Vendor 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 Vendor 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 8 Agreement shall terminate at the end of then-current fiscal year and the Town and the Vendor 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 Vendor 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. Vendor, 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 Vendor, its employees or subcontractors. The Vendor, and not the Town, shall determine the time of its performance of the services provided under this Agreement so long as Vendor meets the requirements as agreed in Section 2 above and in Exhibit A. Vendor is neither prohibited from entering into other contracts nor prohibited from practicing its profession elsewhere. Town and Vendor 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 courts in Maricopa County, Arizona. 13.3 Laws and Regulations. Vendor 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 Vendor 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. 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 Vendor. 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. 9 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 Vendor without prior, written permission of the Town, signed by the Town Manager. Any attempted assignment or delegation by Vendor in violation of this provision shall be a breach of this Agreement by Vendor. 13.9 Subcontracts. No subcontract shall be entered into by the Vendor with any other party to furnish any of the material or services specified herein without the prior written approval of the Town. The Vendor 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 Vendor. 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 Vendor 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 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 Vendor any amounts Vendor owes to the Town for damages resulting from breach or deficiencies in performance or breach of any obligation under this Agreement. 10 B. Offset for Delinquent Fees or Taxes. The Town may offset from any money due to the Vendor any amounts Vendor 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: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Grady E. Miller, Town Manager With copy to: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Aaron D. Arnson, Town Attorney If to Vendor: ASR Construction Group, LLC 481 E. Baseline Rd., #103 Gilbert, Az. 85233 Attn: Dan Anderson 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. 13.15 Confidentiality of Records. The Vendor 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 Vendor’s duties under this Agreement. Persons requesting such information should be referred to the Town. Vendor also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of Vendor as needed for the performance of duties under this Agreement. 11 13.16 Records and Audit Rights. To ensure that the Vendor and its subcontractors are complying with the warranty under subsection 13.17 below, Vendor’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 Vendor 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 Vendor’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 Vendor’s and its subcontractors’ compliance with the Arizona employer sanctions laws referenced in subsection 13.17 below. To the extent necessary for the Town to audit Records as set forth in this subsection, Vendor and its subcontractors hereby waive any rights to keep such Records confidential. 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 Vendor pursuant to this Agreement. Vendor 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 Vendor or its subcontractors reasonable advance notice of intended audits. Vendor 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 Vendor 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). Vendor’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. Vendor 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. [SIGNATURES ON FOLLOWING PAGES] EXHIBIT B TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND ASR CONSTRUCTION GROUP, LLC [Consultant’s Proposal] See following pages. Town of Fountain Hills Admin-Procurement Robert Durham, Procurement Officer 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268 PROPOSAL DOCUMENT REPORT IFB No. IFB-2022-025 Panorama Drive Storm Drain Pipe Replacement Phase II RESPONSE DEADLINE: August 16, 2022 at 3:00 pm Report Generated: Wednesday, August 17, 2022 ASR Construction Group Proposal CONTACT INFORMATION Company: ASR Construction Group Email: d.anderson@asr-cg.com Contact: Dan Anderson Address: 481 E Baseline Rd, #103 Gilbert, AZ 85233 Phone: (480) 435-6398 Website: www.asr-cg.com Submission Date: Aug 16, 2022 12:44 PM PROPOSAL DOCUMENT REPORT IFB No. IFB-2022-025 Panorama Drive Storm Drain Pipe Replacement Phase II PROPOSAL DOCUMENT REPORT Invitation for Bids - Panorama Drive Storm Drain Pipe Replacement Phase II Page 2 ADDENDA CONFIRMATION Addendum #1 Confirmed Aug 15, 2022 4:55 PM by Trevor Wilson Addendum #2 Confirmed Aug 15, 2022 4:55 PM by Trevor Wilson Addendum #3 Confirmed Aug 15, 2022 4:55 PM by Trevor Wilson Addendum #4 Confirmed Aug 15, 2022 4:55 PM by Trevor Wilson Addendum #5 Confirmed Aug 15, 2022 4:55 PM by Trevor Wilson Addendum #6 Confirmed Aug 15, 2022 4:55 PM by Trevor Wilson QUESTIONNAIRE 1. Licenses CONTRACTOR'S LICENSE* Please upload your current AZ Contractor's License here ASR_CG_A_ROC_330940_-_2022_-_2024.pdfASR_CG_B-1_ROC_330947_-_2022-2024.pdf ARIZONA TRANSACTION PRIVILEGE TAX LICENSE* Please upload your Arizona Transaction Privilege Tax License here PROPOSAL DOCUMENT REPORT IFB No. IFB-2022-025 Panorama Drive Storm Drain Pipe Replacement Phase II PROPOSAL DOCUMENT REPORT Invitation for Bids - Panorama Drive Storm Drain Pipe Replacement Phase II Page 3 2022_TPT_License.pdf 2. DBE/WBE STATUS DBE/WBE STATUS* Has your firm been certified by any jurisdiction in Arizona as a minority or woman owned business enterprise? No DBE/WBE STATUS - YES If you answered yes please provide details and documentation of the certification here No response submitted 3. References Provide the following information for three clients for whom Bidder has successfully completed similar projects as stated in Bid Process and Award subsection Bidder Qualifications within the past 60 months. Failure to provide three accurate and suitable references will result in disqualification. Bidder may also attach another sheet with additional references. REFERENCE # 1* Please provide the following information for your 1st reference: • Company • Address • City/State/Zip Code • Contact • Telephone Number PROPOSAL DOCUMENT REPORT IFB No. IFB-2022-025 Panorama Drive Storm Drain Pipe Replacement Phase II PROPOSAL DOCUMENT REPORT Invitation for Bids - Panorama Drive Storm Drain Pipe Replacement Phase II Page 4 • Date of Contract Initiation • Date of Contract Expiration • Final Project Cost • Project Description NCS Engineers (Engineer for Pioneer WWTP Rehabilitation) 202 E Earl Drive, Suite 110 Phoenix AZ 85012 Ken Herbert 480-390-6392 10/2021 3/2022 $1,020,572 Rehabilitation of package waste water plant to include concrete repair, aeration system upgrades, Fabricated weirs and catwalks and the temporary treatment system required to complete work on operational system. REFERENCE # 2* Please provide the following information for your 1st reference: • Company • Address • City/State/Zip Code • Contact PROPOSAL DOCUMENT REPORT IFB No. IFB-2022-025 Panorama Drive Storm Drain Pipe Replacement Phase II PROPOSAL DOCUMENT REPORT Invitation for Bids - Panorama Drive Storm Drain Pipe Replacement Phase II Page 5 • Telephone Number • Date of Contract Initiation • Date of Contract Expiration • Final Project Cost • Project Description City of Surprise Water Services Department 16000 N Civic Center Plaza Surprise, AZ 85374 Lee Lambert 623-222-7152 4/2021 Ongoing Trade Services JOC Current scope completed - $726,404 8 - Arsenic Vessel rehabilitations to include removal of Media, blast and recoat vessels, install new media and disinfection. Fabrication and installation of new electrical gear canopies Relocation of flow meter displays on influent lines REFERENCE # 3* Please provide the following information for your 1st reference: • Company • Address PROPOSAL DOCUMENT REPORT IFB No. IFB-2022-025 Panorama Drive Storm Drain Pipe Replacement Phase II PROPOSAL DOCUMENT REPORT Invitation for Bids - Panorama Drive Storm Drain Pipe Replacement Phase II Page 6 • City/State/Zip Code • Contact • Telephone Number • Date of Contract Initiation • Date of Contract Expiration • Final Project Cost • Project Description KBE Building Corporation, 8777 E Via De Ventura, Suite 106, Scottsdale AZ 85258. Gabe Valenzuela, 480-617-2765, 5/22 anticipated completion 9/22, contract value $535,140 4. Certification By confirming questions under this section, the Vendor certifies: NO COLLUSION* The submission of the Proposal did not involve collusion or other anti-competitive practices. Confirmed NO DISCRIMINATION* It shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246. Confirmed NO GRATUITY* PROPOSAL DOCUMENT REPORT IFB No. IFB-2022-025 Panorama Drive Storm Drain Pipe Replacement Phase II PROPOSAL DOCUMENT REPORT Invitation for Bids - Panorama Drive Storm Drain Pipe Replacement Phase II Page 7 It has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip favor or service to a Town employee, officer or agent in connection with the submitted Proposal. It (including the Vendor’s employees, representatives, agents, lobbyists, attorneys, and subcontractors) has refrained, under penalty of disqualification, from direct or indirect contact for the purpose of influencing the selection or creating bias in the selection process with any person who may play a part in the selection process, including the Selection Committee, elected officials, the Town Manager, Assistant Town Managers, Department Heads, and other Town staff. All contact must be addressed to the Town’s Procurement Agent, except for questions submitted as set forth in Inquiries. Any attempt to influence the selection process by any means shall void the submitted Proposal and any resulting Agreement. Confirmed FINANCIAL STABILITY* It is financially stable, solvent and has adequate cash reserves to meet all financial obligations including any potential costs resulting from an award of the Agreement. Confirmed NO SIGNATURE/FALSE OR MISLEADING STATEMENT* The signature on the cover letter of the Proposal and the Vendor Information Form is genuine and the person signing has the authority to bind the Vendor. Failure to sign the Proposal and the Vendor Information Form, or signing either with a false or misleading statement, shall void the submitted Proposal and any resulting Agreement. Confirmed PROFESSIONAL SERVICES AGREEMENT* In addition to reviewing and understanding the submittal requirements, it has reviewed the attached sample Professional Services Agreement including the Scope of Work and other Exhibits. Confirmed PROPOSAL DOCUMENT REPORT IFB No. IFB-2022-025 Panorama Drive Storm Drain Pipe Replacement Phase II PROPOSAL DOCUMENT REPORT Invitation for Bids - Panorama Drive Storm Drain Pipe Replacement Phase II Page 8 5. List of Key Personnel, Subcontractor and/or Suppliers working on the project A list of the names and emergency telephone numbers of all proposed Key Personnel, Subcontractors and suppliers that the Contractor intends to utilize on the Project LIST OF SUBCONTRACTORS* The contractor must list below the Trade, Company name, License and Classification numbers of all qualified subcontractors and/or suppliers they will employ for the various portions of work indicated. Failure on the part of the Contractor to complete this list properly may constitute sufficient grounds to reject the bid. If no subcontractors will be listed please indicate with a N/A Example: Trade, Company Name, ROC License #, ROC License Classification • Grading, Hurley Contracting, ROC 150248, CR-2 Excavating, Grading, and Oil Surfacing • Electrical, ANE Electrical, ROC 071834, C-11 Electrical • Concrete Headwalls, DEG Construction, ROC 085560, B-1 General Commercial Contractor LIST OF KEY PERSONNAL* A list of the names and emergency telephone numbers of all proposed Key Personnel Example: Name, Position Held, Emergency Telephone Number • Dan Anderson, Managing Member, (480)435-6398 • Jesse Villa, Project Manager, (623)693-8147 • Dennis Sime, Superintendent, (480) 714-5776 LIST OF SUPPLIERS* A list of the names and emergency telephone numbers of all proposed suppliers Example: Name, Company, Emergency Telephone Number PROPOSAL DOCUMENT REPORT IFB No. IFB-2022-025 Panorama Drive Storm Drain Pipe Replacement Phase II PROPOSAL DOCUMENT REPORT Invitation for Bids - Panorama Drive Storm Drain Pipe Replacement Phase II Page 9 If none please indicate with a N/A • Adam Bergman, Jensen Precast, (713) 478-7349 • Kyle Wood, Oldcastle Infrastructure, (480) 963-2678 • Frank Ruegsegger, Matt Brown Trucking, (623)215-3554 • Jeremy Kuhn, Roscoe Moss, (602) 677-4266 • Kevin Oliver, Arrowhead Pump and Supply LLC, (623) 606-4275 UPLOADED DOCUMENTS (MISC.) Please upload any documents here (no pricing here, please use the bid matrix) 1.0_Current_Lead_Times.pdf1.0_Redlined_IFB.pdf PRICE TABLES UNIT PRICING Line Item Description Quantity Unit of Measure Unit Cost Total 105.80000 CONSTRUCTION SURVEYING 1 LS $4,723.43 $4,723.43 109.09000 MOBILIZATION/DEMOBILIZATION 1 LS $30,007.91 $30,007.91 112.01000 CONTRACTOR QUALITY CONTROL 1 LS $17,544.15 $17,544.15 401.01000 TRAFFIC CONTROL 1 LS $14,170.28 $14,170.28 201.30000 CLEARING AND GRUBBING 1 LS $65,779.14 $65,779.14 PROPOSAL DOCUMENT REPORT IFB No. IFB-2022-025 Panorama Drive Storm Drain Pipe Replacement Phase II PROPOSAL DOCUMENT REPORT Invitation for Bids - Panorama Drive Storm Drain Pipe Replacement Phase II Page 10 Line Item Description Quantity Unit of Measure Unit Cost Total 201.31000 REMOVE AND DISPOSE EXISTING TREE 18 EA $2,589.91 $46,618.38 350.01500 REMOVE END SECTION 1 EA $12,930.15 $12,930.15 350.50001 MISCELLANEOUS REMOVALS (PUMP CASING)) 1 LS $16,435.52 $16,435.52 350.50002 MISCELLANEOUS REMOVALS (PUMP CONTROL SYSTEM, CONDUIT, WIRING) 1 LS $1,417.03 $1,417.03 350.50003 MISCELLANEOUS REMOVALS AND SALVAGE (METAL WALK AND SUPPORTS) 1 LS $3,443.39 $3,443.39 350.50004 MISCELLANEOUS REMOVALS (RIPRAP) 481 SF $17.10 $8,225.10 220.10208 RIPRAP, D50=8IN 161 SY $76.12 $12,255.32 220.10212 RIPRAP, D50=12IN 87 SY $201.86 $17,561.82 520.01035 SAFETY RAIL, HEIGHT 3 FT – 6 IN, MAG DET 145 2 EA $910.95 $1,821.90 523.12112 HEADWALL, MAG DET 501-3, U TYPE, 12 IN PIPE 1 EA $4,318.56 $4,318.56 523.12166 HEADWALL, MAG DET 501-3, U TYPE, 66 IN PIPE 1 EA $16,194.60 $16,194.60 523.30166 ACCESS BARRIER, 66 IN PHX DET P1563 1 EA $2,091.80 $2,091.80 604.01010 CONTROLLED LOW STRENGTH MATERIAL, 1 SACK 1 LS $16,666.95 $16,666.95 625.00110 PUMP CASING AND ROCK SURROUND 1 EA $62,775.91 $62,775.91 625.00120 PUMP CONTROL SYSTEM AND APPURTENANCES 1 EA $75,068.74 $75,068.74 625.00130 PUMP WELL, SUBMERSIBLE PUMP AND APPURTENANCES 1 EA $18,088.32 $18,088.32 PROPOSAL DOCUMENT REPORT IFB No. IFB-2022-025 Panorama Drive Storm Drain Pipe Replacement Phase II PROPOSAL DOCUMENT REPORT Invitation for Bids - Panorama Drive Storm Drain Pipe Replacement Phase II Page 11 Line Item Description Quantity Unit of Measure Unit Cost Total 625.00140 FORCE MAIN WATER METER AND CHECK VALVE 1 EA $9,850.22 $9,850.22 625.00150 STEEL PLATFORM REMOVAL, SALVAGE AND REPLACEMENT 1 EA $1,895.74 $1,895.74 625.00160 ELECTRICAL SERVICE SECTION 1 EA $10,539.99 $10,539.99 618.20366 66 IN RGRCP, CLASS III 270 LF $785.19 $212,001.30 618.20366 66 IN RGRCP, CLASS III, RADIUS PIPE 190 LF $782.65 $148,703.50 618.20406 6 IN HDPE, PERFORATED, INCLUDE PEA GRAVEL AND NON-WOVEN GEOTEXTILE FABRIC 495 LF $57.68 $28,551.60 618 6 IN HDPE STORM DRAIN PIPE 14 LF $59.60 $834.40 618 6 IN 45-DEGREE BEND 1 EA $85.02 $85.02 625.01200 STORM DRAIN MANHOLE, MAG DET 521 & 522 4 EA $36,985.76 $147,943.04 TOTAL $1,008,543.21 ALLOWANCES Line Item Description Quantity Unit of Measure Unit Cost Total 107.02115 STORMWATER CONTROL MEASURES 1 Dollars $5,000.00 $5,000.00 213.01100 DEWATERING 1 Dollars $25,000.00 $25,000.00 * OWNER CONTINGENCY 1 Dollars $50,000.00 $50,000.00 PROPOSAL DOCUMENT REPORT IFB No. IFB-2022-025 Panorama Drive Storm Drain Pipe Replacement Phase II PROPOSAL DOCUMENT REPORT Invitation for Bids - Panorama Drive Storm Drain Pipe Replacement Phase II Page 12 Line Item Description Quantity Unit of Measure Unit Cost Total TOTAL $80,000.00 STATE OF ARIZONA License No. ROC 330940 Office of tlie ~gistrar of Contractors This is to certify that: ASR Construction Group LLC OBA (if any) Having been shown to possess all the necessary qualifications, and having complied with all the requirements of the law, is by order of the Registrar of Contractors duly licensed and admitted to engage in and pursue the business of A General Engineering Contractor in the State of Arizona. Given my hand and the seal of the Registrar of Contractors in my office, City of Phoenix, on October 9, 2020 .rar -~ \l~, DIRECTOR, ARIZONA REGISTRAR OF CONTRACTORS • 1931 • STATE OF ARIZONA License No. ROC 330947 Office of tlie ~gistrar of Contractors This is to certify that: ASR Construction Group LLC OBA (if any) Having been shown to possess all the necessary qualifications, and having complied with all the requirements of the law, is by order of the Registrar of Contractors duly licensed and admitted to engage in and pursue the business of B-1 General Commercial Contractor Contractor in the State of Arizona. Given my hand and the seal of the Registrar of Contractors in my office, City of Phoenix, on October 12, 2020 DIRECTOR, ARIZONA REGISTRAR OF CONTRACTORS 481 E Baseline Rd, Suite 103, Gilbert, AZ 85233 480.651.8277 Info@ASR-CG.com ROC 330940 – A ROC 330947 – B1 WWW.ASR-CG.com Date: 8/16/2022 Subject: Panorama Drive Storm Drain Pipe Replacement Phase II Lead Times To Whom It May Concern, ASR Construction Group would like to offer the following explanation of current lead times for major components of this project, due to the current market volatility the quoted times are subject to change. Note – the lead times shown are from time of approved submittal.  66” Reinforced Concrete Pipe – 9 to 11 weeks  66” Pipe Manholes/ Junction Structures – 14 to 16 weeks  Electrical Control Systems and Panels – 12 to 15 weeks  Vertical Turbine Pump – 10 to 12 weeks  Pump Casing – 2 to 3 weeks Thank you, Trevor Wilson  ASR Construction Group LLC. Preconstruction Estimator C: 480.698.2551 / O: 480.651.8277 T.Wilson@asr-cg.com www.ASR-CG.com IFB-2022-025 INVITATION FOR BIDS PANORAMA DRIVE STORM DRAIN PIPE REPLACEMENT PHASE II The Town of Fountain Hills Admin-Procurement 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 RELEASE DATE: June 22, 2022 DEADLINE FOR QUESTIONS: July 28, 2022 RESPONSE DEADLINE: August 16, 2022, 3:00 pm Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 2 Town of Fountain Hills INVITATION FOR BIDS Panorama Drive Storm Drain Pipe Replacement Phase II I. Introduction .......................................................................................... II. Definitions ............................................................................................ III. Bid Process and Award .......................................................................... IV. Terms and Conditions ........................................................................... V. Performance of the Work ..................................................................... VI. Miscellaneous Terms and Conditions .................................................... VII. Alternative Dispute Resolution ............................................................. VIII. Scope of Work ...................................................................................... IX. Vendor Questionnaire........................................................................... X. Pricing Proposal .................................................................................... Attachments: A - Fountain_Hills_PSA_Sample_8-12-2021 (13) B - Panorama Drive Ph 2 - Plumbing Plan C - Panorama Drive Ph 2 - Storm Drain Plan D - Panorama Drive Ph 2 - Technical Specifications E - Panorama Drive Ph 2 - Electrical Plan Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 3 1. INTRODUCTION In accordance with the Town of Fountain Hills Procurement Code, competitive sealed Bids for the services specified herein will be received by the Town's e-Procurement Portal located at https://secure.procurenow.com/portal/fhaz. Bids received by the Bid Deadline shall be publicly opened and the Bid Price read. 1.1. Summary The Town of Fountain Hills (the “Town”) is issuing this Invitation for Bid (this “IFB”) from qualified, licensed firms (“Vendors”) as more particularly described in the Scope of Work. In accordance with the Town’s Procurement Code, the Town will accept sealed bids for the Goods/Services specified in the Scope of Work. 1.2. Background The Town of Fountain Hills (Town) is located in the northeast portion of the Phoenix Valley and is bordered by the McDowell Mountain Regional Park within Maricopa County. The Town is east of the City of Scottsdale, north of the Salt River Pima-Maricopa Indian Community, and west of the Fort McDowell Yavapai Nation. Fountain Hills is famous for the spectacular projection of its signature fountain, which can be viewed from many vantage points within and outside the Town. The Town is also renowned for its preservation of the natural desert, its abundant wildlife, scenic qualities and dark skies. One of Fountain Hills’ most valuable assets is its natural beauty. The Town’s scenic terrain provide for a wide range of outdoor activities including hiking, biking, and golf lifestyles views and desert in support of healthy lifestyles. Fountain Hills contains some of the more challenging and picturesque golf courses in the State of Arizona. Its dark skies provide opportunities for star gazing. Fountain Hills was named by Phoenix Magazine as the best place to live in the Valley of the Sun and was cited as "a welcome oasis on the outskirts of a metropolis." The small town charm, lakeside park, Town Center, relaxed desert lifestyle, lush desert landscapes, diverse landforms, public art, and idyllic location at the foothills of a picturesque mountain setting overlooking Fountain Park make Fountain Hills an oasis in the desert. A step away from the bustling Phoenix metro area, Fountain Hills' aesthetics and natural desert setting creates a desirable environment for a variety of lifestyles. Artists, professionals, retirees, singles, new families, permanent and seasonal residents call this world apart home. 1.3. Contact Information Rob Durham Procurement Administrator 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 Email: rdurham@fountainhillsaz.gov Phone: (480) 816-5128 Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 4 Department: Admin-Procurement 1.4. Timeline Release Project Date June 22, 2022 Advertisement: Fountain Hills Times June 22, 2022 & June 29, 2022 Advertisement: Arizona Business Gazette June 23, 2022 & June 30, 2022 Pre-Proposal Meeting (Non-Mandatory) July 18, 2022, 10:00am Fountain Hills Town Hall Council Chambers 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Final Date for Inquires July 28, 2022, 3:00pm Bid Deadline August 16, 2022, 3:00pm Bid Opening August 16, 2022 @ 3:30pm Fountain Hills Town Hall Council Chambers 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 5 2. DEFINITIONS 2.1. DEFINITIONS - Construction For purposes of this Invitation for Bids, the following definitions shall apply: A. “Bid” or “Offer” means a responsive bid or quotation submitted by a Bidder in response to this Invitation for Bids. B. “Bid Deadline” means the date and time set forth on the cover of this IFB for the Town Clerk to be in actual possession of the sealed Bids. C. “Bid Opening” means the date and time set forth on the cover of this Invitation for Bids for opening of sealed Bids. D. “Bidder” means any person or firm submitting a competitive Bid in response to this IFB. E. “Confidential Information” means that portion of a Bid, proposal, Offer, Specification or protest that contains information that the person submitting the information believes should be withheld, provided (i) such person submits a written statement advising the Town of this fact at the time of the submission and (ii) the information is so identified wherever it appears. F. “Contract” means, collectively, 1. The Offer/Bid, 2. This IFB, including all attachments, 3. The Notice of Award, 4. The Notice to Proceed or Purchase Order(s), 5. Any approved Addendum, Change Order or Amendment, 6. The Contractor’s Certificates of Insurance and a copy of the Declarations Page(s) of the insurance policies, 7. The Certificate of Completion, 8. Any Plans, Specifications or other documents attached, appended or incorporated herein by reference. 9. Alternate or optional bid items will become part of the Contract only if they are accepted by the Town in writing on the Price Sheet. G. “Contractor” means the individual, partnership, corporation or limited liability company who has submitted a Bid in response to this IFB and who, as a result of the competitive bidding process, is awarded a contract for Materials or Services by the Town. Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 6 H. “Contract Time” means the time period during which the Contractor must complete all of the Work related to the Project. I. “Day(s)” means calendar day(s) unless otherwise specified. J. “Engineer” means the Town Engineer or authorized designee. K. “Final Completion” shall be defined as set forth in Terms and Conditions section: Final Completion and shall occur not later than 30 Days from the date of Substantial Completion unless otherwise designated by the Engineer and subject to modification by changes in the Work as provided in Terms and Conditions section: Changes in Work below. L. “Invitation for Bids” or “IFB” means this request by the Town for participation in the competitive bidding process according to all documents, including those attached or incorporated herein by reference, utilized for soliciting Bids for the Services and/or Materials and/or Services in compliance with the Town’s Procurement Code. M. “MAG Specifications” means, collectively, the “Uniform Standard Specifications for Public Works Construction,” current edition as of the date of Contract award and the “Uniform Standard Details for Public Works Construction,” current edition as of the date of Contract award, which are sponsored and distributed by the Maricopa Association of Governments (“MAG”) and any amendments or supplements adopted by the Town. N. “MAG Supplement” means the most current edition of the Town of Fountain Hills Supplement to the MAG Uniform Standard Specifications and Details for Public Works Construction. O. “Materials” means any personal property, including equipment, materials, replacements and supplies provided by the Contractor in conjunction with the Contract and shall include, in addition to Materials incorporated in the Project, equipment and other material used and/or consumed in the performance of the Work. P. “Multiple Award” means an award of an indefinite quantity contract for one or more similar products, commodities or Services to more than one Bidder. Q. “Price” means the total expenditure for the defined Project, inclusive of all Materials, commodities or Services. R. “Procurement Administrator” means a Town employee, as designated on the cover of this IFB, who has specifically been designated to act as a contact person to the Bidders and/or Contractor relating to their IFB. S. “Procurement Agent” means the Town Manager or authorized designee. T. “Procurement Code” means the Town’s Procurement Code, as amended from time to time. U. “Project” means the purpose and Work described as set forth in the “Scope of Work ” of the IFB. Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 7 V. “Punch List” means that list of items provided by Town to Contractor at the time of Substantial Completion indicating items to be completed or corrected, including the time for completion or correction by Contractor after Substantial Completion. W. “Services” means the furnishing of labor, time or effort by a Contractor, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance and as further defined in the Contract. This term does not include “professional and technical services” as defined in the Procurement Code. X. “Specification” means any description of the physical characteristics, functional characteristics, or the nature of a commodity, product, supply or Services. The term may include a description of any requirements for inspecting, testing, or preparing a supply or service item for delivery. Y. “Subcontractor” means those persons or groups of persons having a direct contract with the Contractor to perform a portion of the Work and those who furnish Materials according to the plans and/or Specifications required by this Contract. Z. “Substantial Completion” shall be defined as set forth in Terms and Conditions section: substantial completion below and shall occur not later than the date set forth in the Schedule, subject to modification by changes in the Work as provided in Terms and Conditions section: Changes in Work below. AA. “Town” means the Town of Fountain Hills, an Arizona municipal corporation. BB. “Town Representative” means the Town employee who has specifically been designated to act as a contact person to the Town’s Procurement Administrator, and who is responsible for monitoring and overseeing the Contractor’s performance under the Contract and for providing information regarding details pertaining to the Work. CC. “Vendor” means any firms, entities or individuals desiring to prepare a responsive Bid in response to this IFB. DD. “Work” means all labor, Materials and equipment incorporated or to be incorporated in the Project that are necessary to accomplish the construction required by this Contract. Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 8 3. BID PROCESS AND AWARD 3.1. Purpose/Scope of Work. The Work included in this Project consists of The Town is issuing this IFB is to secure a qualified General Contractor to perform the Work and provide Materials as more particularly described in the Specifications attached hereto, and incorporated herein by reference. Bidders must submit Bids encompassing the entire Project, inclusive of the related Plans and/or Construction Drawings. Failure to do so may result in a determination that the Bid is non- responsive. 3.2. Amendment of IFB Except as set forth in Miscellaneous Terms and Conditions section: Contract Amendments below, no alteration may be made to this IFB or the resultant Contract without the express, written approval of the Town in the form of an official IFB addendum or Contract amendment. Any attempt to alter this IFB/Contract without such approval is a violation of this IFB/Contract and the Town Procurement Code. Any such action is subject to the legal and contractual remedies available to the Town including, but not limited to, Contract cancellation and suspension and/or debarment of the Bidder or Contractor. 3.3. Preparation/Submission of Bid Bidders are invited to participate in the competitive bidding process for the Project specified in this IFB. Bidders shall review their Bid submissions to ensure the following requirements are met. A. Irregular/Non-responsive Bids. The Town will consider as “irregular” or “non-responsive” and shall reject any Bid not prepared and submitted in accordance with the IFB and Specifications, or any Bid lacking sufficient information to enable the Town to make a reasonable determination of compliance with the Specifications. Unauthorized or unreasonable exceptions, conditions, limitations, or provisions shall be cause for rejection. Bids may be deemed non-responsive at any time during the evaluation process if, in the sole opinion of the Procurement Agent, any of the following are true: 1. Bidder does not meet the minimum required skill, experience or requirements to perform the Work or provide the Materials. 2. Bidder has a past record of failing to fully perform or fulfill contractual obligations. 3. Bidder cannot demonstrate financial stability. 4. Bid submission contains false, inaccurate or misleading statements that, in the opinion of the Procurement Agent, are intended to mislead the Town in its evaluation of the Bid. B. Specification Minimums. Bidders are reminded that the Specifications in this IFB are the minimum levels required and that Bids submitted must be for products that meet or exceed the minimum level of all features specifically listed in this IFB. Bids offering less than the minimums Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 9 specified will be deemed not responsive. It shall be the Bidder’s responsibility to carefully examine each item listed in the Specifications. C. Required Submittal. Bidders shall provide all of the following documents to be considered a responsive Bid: 1. Complete, fully executed original of this IFB, with the Offer signed in ink (or electronic signature) by a person authorized to bind the Bidder. 2. Price Sheet. 3. Bid Bond. 4. Licenses; Certifications; /DBE & MBE Status. 5. References. 6. Federal Requirements, if applicable 7. Acknowledgement for each Addendum received, if any D. Bidder Responsibilities. All Bidders shall (1) examine the entire Bid package, (2) seek clarification of any item or requirement that may not be clear, (3) check all responses for accuracy before submitting a Bid and (4) submit the entire, completed Bid package by the official Bid Deadline. Late Bids shall not be considered. Bids not submitted with an original, signed Offer page by a person authorized to bind the Bidder shall be considered non-responsive. Negligence in preparing a Bid shall not be good cause for withdrawal after the Bid Deadline. E. Bid Forms. All Bids shall be on the forms provided in this IFB. It is permissible to copy these forms if required. Telegraphic (facsimile), electronic (email) or mailgram Bids will not be considered. F. Modifications. Erasures, interlineations, or other modifications in the Bid shall be initialed in original ink by the authorized person signing the Bid. G. Withdrawal. At any time prior to the specified Bid Opening, a Bidder (or designated representative) may amend or withdraw its Bid. Facsimile, electronic (email) or mailgram Bid amendments or withdrawals will not be considered. No Bid shall be altered, amended or withdrawn after the specified Bid Deadline, unless otherwise permitted pursuant to the Town Procurement Code. 3.4. Inquiries; Interpretation of Plans, Specifications; and Drawings A. Inquiries. Bidders shall submit all inquiries regarding this bid via the Town’s e-Procurement Portal, located at https://secure.procurenow.com/portal/fhaz. Please note the deadline for submitting inquiries will be Thursday, July 28, 2022 at 3:00 pm. All answers to inquiries will be posted on the Town’s e-Procurement Portal. Bidders may also click “Follow” on this bid to Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 10 receive an email notification when answers are posted. It is the responsibility of the bidder to check the website for answers to inquiries. B. Addenda Notification: Bidders are required to register for an account via the Town’s e- Procurement Portal hosted by ProcureNow. Once bidder has completed registration, you will receive addenda notifications to your email by clicking “Follow” on this project. Ultimately, it is sole responsibility of each bidder to periodically check the site for any addenda at https://secure.procurenow.com/portal/fhaz. C. Bids may be received up to but not later than Tuesday, August 16, 2022 at 3:00 pm via the Town’s e-Procurement Portal located at https://secure.procurenow.com/portal/FHAZ. The Town’s e-Procurement Portal Clock is the official clock for the determination of all deadline dates and times. Without exception, responses will not be accepted after the submission deadline regardless of any technical difficulties such as poor internet connections. The Town strongly recommends completing your response well ahead of the deadline. D. Approval of Substitutions. The Materials, products, and equipment described in this IFB establish a standard or required function, dimension, appearance and quality to be met by any proposed substitution. No substitute will be considered unless written Substitution/Equal Request has been made in the Town's Q&A Tab of the e-Procurement Portal, and has been received by the Town Representative at least 10 Days prior to the Bid Deadline. Each such request shall include the name of the Material or equipment for which it is to be substituted and a complete description of the substitute, including any drawings, performance and test data and any other information necessary for evaluation of the proposed substitute. If a substitute is approved, the approval shall be by written addendum to the IFB. Bidder shall not rely upon approvals made in any other manner. E. Use of Equals. When the Specifications for materials, articles, products and equipment include the phrase “or equal,” Bidder may bid upon and use materials, articles, products and equipment that will perform equally the requirements imposed by the general design. The Engineer will have the final approval of all materials, articles, products and equipment proposed to be used as an “equal.” No such “equal” shall be purchased or installed without prior, written approval from the Engineer. No "equal" will considered unless a written Substitution/Equal Request, the form attached hereto as Exhibit B, has been received by the Town Representative at least 10 Days prior to the Bid Deadline. The request shall include the name of the material or equipment for which the item is sought to be considered an equal and a complete description of the proposed equal including any drawings, cuts, performance and test data and any other information necessary for evaluation of the equal. All approval of equals shall be issued in the form of written addendum or amendment, as applicable, to this IFB or the Contract. F. Bid Quantities. It is expressly understood and agreed by the parties hereto that the quantities of the various classes of Services and/or Materials to be furnished under this Contract, which have been estimated as stated in the Bidders’ Offer, are only approximate and are to be used solely Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 11 for the purpose of comparing, on a consistent basis, the Bidders’ Offers presented for the Work under this Contract. The selected Contractor agrees that the Town shall not be held responsible if any of the quantities shall be found to be incorrect and the Contractor will not make any claim for damages or for loss of profits because of a difference between the quantities of the various classes of Services and/or Materials as estimated and the Services and/or Materials actually provided. Contractor is responsible for ensuring that all Materials contained in the Plans for the project are bid on the Price Sheet. Contractor shall bring any potential discrepancy between the Plans and the Price Sheet to the Town’s attention, either at the Prospective Bidders’ Conference or by written inquiry, as set forth in Subsection 2.4(A) above. If any error, omission or misstatement is found to occur, the same shall not (1) invalidate the Contract or the whole or any part of the Scope of Work, (2) excuse Contractor from any of the obligations or liabilities hereunder or (3) entitle Contractor to any damage or compensation except as may be provided in this Contract. 3.5. Prospective Bidders’ Conference A Prospective Bidders’ Conference may be held. If scheduled, the date and time of the Prospective Bidders’ Conference will be indicated on the cover page of this IFB. The Prospective Bidders’ Conference may be designated as mandatory or non-mandatory on the cover of this IFB. Bids shall not be accepted from Bidders who do not attend a mandatory Prospective Bidders’ Conference. Bidders are strongly encouraged to attend those Prospective Bidder’s Conferences designated as non-mandatory. The purpose of the Prospective Bidders’ Conference will be to clarify the contents of the IFB in order to prevent any misunderstanding of the Town’s requirements. Any doubt as to the requirements of this IFB or any apparent omission or discrepancy should be presented to the Town at the Prospective Bidders’ Conference. The Town will then determine if any action is necessary and may issue a written amendment or addendum to the IFB. Oral statements or instructions will not constitute an amendment or addendum to the IFB. 3.6. New Materials All Materials to be provided by the Contractor and included in the Bid shall be new, unless otherwise stated in the Specifications. 3.7. Prices Work shall be performed at the unit prices as set forth in the Price Sheet and incorporated herein by reference. Bid prices shall be submitted on a per unit basis by line item, when applicable and include all applicable sales tax. In the event of a disparity between the unit price and extended price, the unit price, shall prevail. NOTE: All pricing blanks must be filled in. Empty or unfilled spaces in the Bid Price Sheet shall result in a determination that a Bid is non-responsive. 3.8. Allowances Allowances, if any, shall be clearly set forth on the Price Sheet. Allowances shall cover the cost to the Contractor (less any applicable trade discount) of the Materials including equipment required by the Allowance, delivered at the site, and all applicable taxes, overhead, profit handling and other general Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 12 conditions costs, unless unit rates are available in the Price Sheet. Unit rates from the Price Sheet shall be used to determine the cost of a change to be paid from an Allowance, when applicable. Any remaining Allowance amount shall be returned to the Town at the end of the Project by deductive change order. 3.9. Payment; Discounts Any Bid that requires payment in less than 30 Days shall not be considered. Payment discounts of 30 Days or less will not be deducted from the Bid Price in determining the low Bid. The Town shall be entitled to take advantage of any payment discount offered, provided payment is made within the discount period. Payment discounts shall be indicated on Price Sheet. 3.10. Taxes The Town is exempt from Federal Excise Tax, including the Federal Transportation Tax. Transaction privilege tax, if any, shall be included in the unit price for each line item. It shall not be considered a lump sum payment item. It is the sole responsibility of the Bidder to determine any applicable State tax rates and calculate the tax accordingly. When calculating the tax on the Bid, the Bidder should not include tax on any allowances. Failure to accurately tabulate any applicable taxes may result in a determination that a Bid is non-responsive. The Bidder shall not rely on, and shall independently verify, any tax information provided by the Town. 3.11. Cost of Bid/Proposal Preparation Bids submitted for consideration should be prepared simply and economically, providing adequate information in a straightforward and concise manner. The Town does not reimburse the cost of developing, presenting or providing any response to this solicitation; the Bidder is responsible for all costs incurred in responding to this IFB. All materials and documents submitted in response to this IFB become the property of the Town and will not be returned. 3.12. Public Record All Bids shall become the property of the Town. After Contract award, Bids shall become public records and shall be available for public inspection in accordance with the Town’s Procurement Code, except that any portion of a Bid that was designated as confidential pursuant to Section Confidential Information below shall remain confidential from and after the time of Bid opening to the extent permitted by Arizona law. 3.13. Confidential Information If a Vendor/Bidder believes that a Bid, Specification, or protest contains information that should be withheld from the public record, a statement advising the Procurement Agent of this fact shall accompany the submission and the information shall be clearly identified. The information identified by the Vendor or Bidder as confidential shall not be disclosed until the Procurement Agent makes a written determination. The Procurement Agent shall review the statement and information with the Town Attorney and shall determine in writing whether the information shall be withheld. If the Town Attorney determines that it is proper to disclose the information, the Procurement Agent shall inform the Vendor or Bidder in writing of such determination. Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 13 3.14. Vendor Licensing and Registration Prior to the award of the Contract, the successful Bidder shall be registered with the Arizona Corporation Commission and authorized to do business in Arizona. Bidders shall provide license and certification information with the Bid, which can be provided in Vendor Questionnaire and incorporated herein by reference. Upon the Town’s request, corporations, limited liability companies, partnerships or other entities shall provide Certificates of Good Standing from the Arizona Corporation Commission. A Town of Fountain Hills business license is also required upon contract award. 3.15. Bidder Qualifications A. Experience and References. Bidder must demonstrate successful completion of at least three similar projects within the past 60 months, one of which must have a dollar value of at least 75% of the total bid for this Project as set forth in the Price Sheet. Total bid price does not include any Town allowances identified. For the purpose of this Solicitation, “successful completion” means completion of a project within the established schedule and budget and “similar projects” resemble this Project in size, nature and scope. References for these three projects shall be listed Vendor Questionnaire and incorporated herein by reference. These references will be checked, and it is Bidder’s responsibility to ensure that all information is accurate and current. Bidder authorizes the Town’s representative to verify all information from these references and releases all those concerned from any liability in connection with the information they provide. B. Investigation. The Town’s representative may conduct any investigation deemed necessary to determine the Bidder’s ability to perform the Work in accordance with the Contract Documents. The three lowest Bidders may be requested to submit additional documentation within 72 hours (or as specified) to assist the Town in its evaluation. 3.16. Certification A. By submitting a Bid, the Bidder certifies: No Collusion, The submission of the Bid did not involve collusion or other anti-competitive practices. B. By submitting a Bid, the Bidder certifies: No Discrimination, It shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246. C. By submitting a Bid, the Bidder certifies: No Gratuity, It has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip favor or service to a Town employee, officer, agent or elected official in connection with the submitted Bid or a resultant Contract. In the event that the resultant Contract is canceled pursuant to this provision, the Town shall be entitled, in addition to any other rights and remedies, to recover and withhold from the Contractor an amount equal to 150% of the gratuity. Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 14 D.By submitting a Bid, the Bidder certifies: Financial Stability, It is financially stable, solvent and has adequate cash reserves to meet all financial obligations including any potential costs resulting from an award of the Contract. E.By submitting a Bid, the Bidder certifies: No Signature/False Statement, The signature on the Bid and the Vendor Information Form is genuine. Failure to sign the Bid or the Vendor Information Form, or signing either with a false statement, shall void the submitted Bid and any resulting Contract, and the Bidder may be debarred from further bidding in the Town. 3.17. Bid Bond All Vendors desiring to prepare a responsive Bid shall submit a non-revocable bid security payable to the Town in the amount of ten percent (10%) of the total Bid Price. This security shall be in the form of a bid bond, certified check or cashier’s check and must be in the possession of the Town Representative by the Bid Deadline. All bid security from Contractor(s) who have been issued a Notice of Award shall be held until the successful execution of all required Contract Documents and bonds. If the Contractor fails to execute the required contractual documents and bonds within the time specified, or 10 Days after Notice of Award if no period is specified, the Contractor may be found to be in default and the Contract terminated by the Town. In case of default, the Town reserves all rights inclusive of, but not limited to, the right to purchase material and/or to complete the Work and to recover any actual excess costs associated with such completion from the Contractor. All bid bonds shall be executed in the form attached hereto as Exhibit F , duly executed by the Bidder as Principal and having as Surety thereon a Surety company holding a Certificate of Authority from the Arizona Department of Insurance to transact surety business in the State of Arizona. Individual sureties are unacceptable. All insurers and sureties shall have, at the time of submission of the proposal, an A.M. Best’s Key Rating Guide of “A-” or better as currently listed in the most recent Best Key Guide, published by the A.M. Best Company. As soon as is practicable after the completion of the evaluation, the Town will (A) issue a Notice of Award for those Offers accepted by the Town and (B) return all checks or bonds to those Bidders who have not been issued a Notice of Award. 3.18. Award of Contract A.Multiple Award 1.The Town may, at its sole discretion, accept Bidder’s Offer as part of a Multiple Award. B.Evaluation 1.The evaluation of this Bid will be based on, but not limited to, the following: a.compliance with Specifications, b.Price, including alternates selected by the Town, if any, and taxes, but excluding “as- needed” services requested by the Town and c.Bidder qualifications to perform the Work. C.Waiver, Rejection, Reissuance Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 15 1. Notwithstanding any other provision of this IFB, the Town expressly reserves the right to: a. waive any immaterial defect or informality, b. reject any or all Bids or portions thereof and c. cancel or reissue an IFB. D. Offer 1. A Bid is a binding offer to contract with the Town based upon the terms, conditions and specifications contained in this IFB and the Bidder’s responsive Bid, unless any of the terms, conditions, or specifications are modified by a written addendum or contract amendment. Bids become binding contracts when the Acceptance of Offer and Notice of Award is executed in writing by the Town. Bidder Offers shall be valid and irrevocable for 90 Days after the Bid Opening. E. Protests 1. Any Bidder may protest this IFB, the proposed award of a Contract, or the actual award of a Contract. All protests will be considered in accordance with the process set forth by the Town Manager or qualified designee. Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 16 4. TERMS AND CONDITIONS 4.1. Reference Standards The Contractor shall perform the Work required in conformance with MAG Specifications and the MAG Supplement, each of which is incorporated herein by reference. In the event of a conflict between the MAG Specifications and the MAG Supplement, the MAG Supplement shall prevail. 4.2. Plans and Specifications to Successful Contractor The successful Contractor shall print their own Plans and Specifications for this Project from the Town’s e-Procurement website: https://secure.procurenow.com/portal/fhaz 4.3. Contract Time The Contract Time for this Project shall be 60 Calendrer days from the Notice to Proceed. All Work on the Project shall be completed on or before the expiration of the Contract Time. 4.4. Pre-Construction Conference Within 30 Days of the issuance of the Notice of Award, the Contractor shall attend a pre-construction conference. The Town will contact the Contractor to schedule a specific date, time and location for the pre-construction conference. The purpose of this conference is to outline specific items and procedures and to address items that require special attention on the part of the Contractor. The Contractor may also present proposed variations in procedures that the Contractor believes may (A) improve the Project, (B) reduce cost or (C) reduce inconvenience to the public. Any necessary coordination and procedures for construction inspection and staking will be addressed during the pre-construction conference. The Contractor will be required to provide the following items at, or prior to, the pre- construction conference, each of which is subject to review and approval by the Engineer: A. Key Personnel: Subcontractors 1. A list of the names and emergency telephone numbers of all proposed Key Personnel, Subcontractors and suppliers that the Contractor intends to utilize on the Project should be notated in the Vendor Questionnaire and incorporated herein by reference. The term “Key Personnel” means individuals who will be directly assigned to this Project and includes, but is not limited to, the owner, principals, project manager, project superintendent, scheduler, construction engineer and supervisory personnel. At least two of the Bidder’s Key Personnel must have a minimum of three years’ experience in similar projects (defined above) and the scheduler must have experience in employing scheduling techniques appropriate for this Project. Resumes of Key Personnel shall be submitted upon request by the Town’s representative. Proposed Subcontractors shall be qualified and have the requisite professional or technical licenses and be licensed to do business in the State of Arizona. The list shall include such information on the professional background of each of the assigned key individuals as may be requested by the Town Representative. Such key personnel and Subcontractors shall be satisfactory to the Engineer and shall not be changed except with Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 17 the consent of the Engineer. Additionally, the Engineer shall have the right to request that the Contractor personnel and Subcontractors be removed from the Project if, in the Engineer’s sole discretion, such personnel or Subcontractor(s) are detrimental to the Project delivery process. Upon receipt of such request, the Contractor shall remove such personnel or Subcontractor(s) unless the Contractor can provide the Town with sufficient documentation to prove it is commercially impractical to replace the personnel or Subcontractor(s) with substitute personnel possessing similar qualifications. The Engineer’s approval of substituted personnel or Subcontractor(s) shall not be unreasonably withheld. B. Progress Schedule 1. A construction progress schedule showing the estimated time for start and completion of the major items of Work in Primavera P6 scheduling software. C. Payment Schedule 1. A payment schedule showing the estimated dollar volume of Work for each calendar month during the life of the Project. D. Traffic Control 1. A written proposal, prepared by an individual who is IMSA or ATSSA certified, outlining the intended plans for traffic control and for maintaining continuous access to residences and businesses along the construction site. E. Site Security 1. A written proposal outlining the intended plans to secure the Project site for public safety and security. F. Drawings, Materials & Equipment 1. An itemized list of all required shop drawings, material and equipment submittals and a schedule indicating the dates each of these items will be transmitted to the Town for review. 4.5. Notice to Proceed Within 45 Days of the issuance of the Notice of Award the Town may issue a written Notice to Proceed. The Notice to Proceed shall stipulate the actual Contract start date, the Contract Time and the dates of Substantial Completion and Final Completion. The time required for the Contractor to obtain permits, licenses and easements shall be included in the Contract Time and shall not be justification for a delay claim by the Contractor. The time required for the Contractor to prepare, transmit and obtain approval of applicable submittals shall be included in the Contract Time and shall not be justification for a delay claim by the Contractor. No Work shall be started until after all required permits, licenses, and easements have been obtained. The Contractor shall notify the Engineer, in writing, at least 72 hours before the following events: Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 18 A. Commencement 1. The start of construction. B. Services Shut Down 1. Shutdown of water, sewer, drainage, irrigation and/or traffic control facilities, including the anticipated length of time for each shut down. C. Well or Pump Shut Down 1. Shutdown of existing water wells and booster pumps. Such shutdown shall not exceed 72 hours of any facility and only one facility may be shutdown at any one time. Shutdowns shall be coordinated with proper utility agency/company. D. Water Lines 1. All draining and filling of water lines and irrigation laterals and all operations of existing valves or gauges, which shall also be coordinated with the proper utility agency/company. E. Start-up and Testing 1. Start-up or testing of any water well or booster pump to be connected to any part of the existing water system. This includes operation of existing valves necessary to accommodate the water. 4.6. Laws and Regulations The Contractor shall keep fully informed of all rules, regulations, ordinances, statutes or laws affecting the Work herein specified, including existing and future (A) Town and County ordinances and regulations, (B) State and Federal laws and (C) Occupational Safety and Health Administration (“OSHA”) standards. 4.7. Rights-of-way The Contractor shall obtain a right-of-way permit for any of the Work completed in the public right-of- way. The Contractor will be responsible for any required Maricopa County permits or other agency permits. The Town will provide any necessary easements for Work specified under this Contract, and the Contractor shall not enter or occupy with workers, tools, equipment or materials any private ground outside the property of the Town without the written consent of the owner thereof. The Contractor, at its own expense, is responsible for the acquisition of any additional easements or rights-of-way. 4.8. Inspection, Safety and Compliance Each Contractor must inform itself fully of the conditions relating to the construction of the Project and the employment of labor thereon. Failure to do so will not relieve the Contractor of its obligation to furnish all material and labor necessary to carry out the provisions of this Contract. Insofar as possible in carrying out its work, the Contractor must employ such methods or means as will not cause any interruption of or interference with the Work of any other contractor. Contractor affirms that it has inspected the jobsite and has thoroughly reviewed the Contract including, without limitation, the Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 19 Specifications within the Scope of Work, as the same may be revised by the Town, and is not relying on any opinions or representations of Town. Contractor agrees to perform and complete such Work in strict accordance with the Contract and under the general direction of the Town. Contractor agrees that any exclusions of any Work must be approved in writing by the Town prior to acceptance of this Contract or same shall not be excluded hereunder. Contractor is responsible for all safety precautions and programs and shall provide all protection and necessary supervision to implement said precautions and programs. Contractor shall take all reasonable precautions for the safety of and provide reasonable protection to prevent damage, injury or loss to: (A) Town personnel and members of the public, (B) employees or others on the Project, (C) the Work and materials and (D) other property at the Project or adjacent thereto. Contractor shall designate a responsible person on the Project whose duty shall be prevention of accidents. Contractor shall provide all competent supervision necessary to execute all Work and any Work incidental thereto in a thorough, first-class, workmanlike manner. It is Contractor’s responsibility that all of the Work and any Work incidental thereto conforms to, and is performed in accordance with, all applicable Federal, State, County and Town laws, codes, ordinances, regulations (including National Pollutant Discharge Elimination System and air pollution standards) and orders of public authorities bearing on performance of the Work. 4.9. Traffic Regulations All traffic affected by the Work under this Contract shall be regulated in accordance with the then- current version of the City of Phoenix-Traffic Barricade Manual (the “Barricade Manual”) which is incorporated herein by reference; provided, however, that this Contract shall govern in a conflict with the terms of the Barricade Manual. At the time of the pre-construction conference, the Contractor shall designate an employee who is well qualified and experienced in construction traffic control and safety to be responsible for implementing, monitoring and altering traffic control measures, as necessary. At the same time, the Town will designate a representative who will be responsible to see that all traffic control and any alterations are implemented and monitored to the extent that traffic is carried through the Work area in an effective manner and that motorists, pedestrians, bicyclists and workers are protected from hazard and accidents. A. Major Streets. The following shall be considered major streets: All major parkway, mile (section line), arterial and collector (mid-section line and quarter section line) streets so classified by the Town. B. Traffic Control Devices. All traffic control devices required for the Work under this Contract shall be the responsibility of the Contractor. The Contractor shall place advance warning signs (such as REDUCE SPEED, LOOSE GRAVEL, 25 MPH SPEED LIMIT and DO NOT PASS) in accordance with the Barricade Manual. The Contractor shall provide, erect and maintain all necessary flashing arrow boards, barricades, suitable and sufficient warning lights, signals and signs and shall take all necessary precautions for the protection of the Work and safety of the public. The Contractor shall provide, erect and maintain acceptable and adequate detour signs at all closures and along detour routes. All barricades and obstructions shall be illuminated at night, and all safety lights shall be illuminated from sunset until sunrise. All barricades and signs used by the Contractor shall conform to the standard design generally accepted for such purposes and payment for all Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 20 such services and materials shall be considered as included in the other pay items of the Contract. C. Existing Signs. The Contractor shall ensure that all existing traffic signs are erect, clean and in full view of the intended traffic at all times. Street name signs at major street intersections shall be maintained erect at all times. If these signs should interfere with construction, the Contractor shall notify the Engineer, in writing, at least 48 hours in advance for Town personnel to temporarily relocate or cover said signs. The Engineer will direct the Contractor as to the correct positions to re-set all traffic and street name signs to permanent locations when notified by the Contractor that the interfering construction is complete. D. Manual Traffic Control. Manual traffic control shall be in conformity with the Barricade Manual, except that the designated liaison officer shall be contacted at the Maricopa County Sheriff’s Office, District 7. When construction activities or traffic hazards at the construction site require the use of flagmen, it shall be the Contractor’s responsibility to provide trained flagmen to direct traffic safely. When traffic hazards at construction sites warrant the use of certified police personnel to direct traffic, arrangements must be made with the liaison officer at the Maricopa County Sheriff’s Office, District 7. E. Contractor Equipment. The assembly and turnarounds of the Contractor’s equipment shall be accomplished using adjacent local streets when possible. Equipment used and/or directed by the Contractor shall travel with traffic at all times. Supply trucks shall travel with traffic except when being spotted. Contractor shall provide a flagman or off-duty, uniformed Sheriff’s Deputy to assist with spotting. F. Traffic Alterations. During construction, it may be necessary to alter traffic control. Any such alterations shall be in accordance with the Barricade Manual. No street within the Project area may be closed to through traffic or to local emergency traffic without prior, written approval of the Engineer. Written approval may be given if sufficient time exists to allow for notification of the public at least 72 hours in advance of such closing. Partial closure of streets within the Project shall be done in strict conformity with the Barricade Manual and the Engineer’s written directions. G. Intersections. Caution should be used when excavating near intersections with traffic signal underground cable. Contractor shall notify the Engineer, in writing, 24 hours in advance of any Work at such intersections. The Contractor shall install and maintain temporary overhead traffic signal cable as specified by the Engineer when underground conduit is to be severed by excavations at intersections. The Contractor shall provide an off-duty, uniformed Sheriff’s Deputy to direct traffic while the traffic signal is turned off and the wiring is transferred. All damaged or modified traffic signal overhead and underground items shall be repaired and restored to the Engineer’s satisfaction. Magnetic detector loops shall, under no circumstances, be spliced. Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 21 H. Adjacent Property Access. The Contractor shall maintain access to all businesses, schools and residences along the Project alignment at all times in accordance with the MAG Supplement, Section 107.7.1 (Access). I. Covered Crossings. Where crossings of existing pavement occurs, no open trenches shall be permitted overnight, but plating may be permitted if conditions allow, as determined by the Engineer in his sole discretion. If plates cannot be used, crossings shall either be back-filled or the Contractor shall provide a detour. 4.10. Indemnification To the fullest extent permitted by law, the Contractor shall indemnify 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 costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”) to the extent that such Claims (or actions in respect thereof) are caused by the negligent acts, recklessness or intentional misconduct, of the Contractor, its officers, employees, agents, or any tier of subcontractor in connection with Contractor’s work or services 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. 4.11. Insurance A. General. 1. Insurer Qualifications. Without limiting any obligations or liabilities of Contractor, Contractor 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 Contract at the Town’s option. 2. No Representation of Coverage Adequacy. By requiring insurance herein, the Town does not represent that coverage and limits will be adequate to protect Contractor. The Town reserves the right to review any and all of the insurance policies and/or endorsements cited in this Contract but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Contract or failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Contract. 3. 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 Contract, the Town, its agents, Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 22 representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of this Contract. 4. 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 Contract are satisfactorily performed, completed and formally accepted by the Town, unless specified otherwise in this Contract. 5. Primary Insurance. Contractor’s insurance shall be primary insurance with respect to performance of this Contract and in the protection of the Town as an Additional Insured. 6. Claims Made. In the event any insurance policies required by this Agreement are written on a “claims made” basis, coverage shall extend, either by keeping coverage in force or purchasing an extended reporting option, for three 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 three-year period. 7. 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 Contractor. Contractor shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto. 8. 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. Contractor shall be solely responsible for any such deductible or self-insured retention amount. 9. Use of Subcontractors. If any Work under this Contract is subcontracted in any way, Contractor shall execute written agreement with its Subcontractors containing the indemnification provisions set forth in this Section and insurance requirements set forth herein protecting the Town and Contractor. Contractor shall be responsible for executing any agreements with its Subcontractor and obtaining certificates of insurance verifying the insurance requirements. 10. Evidence of Insurance. Prior to commencing any Work or Services under this Contract, Contractor will provide the Town with suitable evidence of insurance in the form of certificates of insurance and a copy of the declaration page(s) of the insurance policies as required by this Contract, issued by Contractor’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 Contract and that such coverage and provisions are in full force and effect. Confidential information such as the Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 23 policy premium may be redacted from the declaration page(s) of each insurance policy, provided that such redactions do not alter any of the information required by this Contract. The Town shall reasonably rely upon the certificates of insurance and declaration page(s) 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 Contract. If any of the policies required by this Contract expire during the life of this Contract, it shall be Contractor’s responsibility to forward renewal certificates and declaration page(s) to the Town 30 Days prior to the expiration date. All certificates of insurance and declarations required by this Contract shall be identified by referencing this Contract. A $25.00 administrative fee shall be assessed for all certificates or declarations received without a reference to this Contract. Additionally, certificates of insurance and declaration page(s) of the insurance policies submitted without referencing this Contract will be subject to rejection and may be returned or discarded. Certificates of insurance and declaration page(s) shall specifically include the following provisions: a. The Town, its agents, representatives, officers, directors, officials and employees are Additional Insureds as follows: i. Commercial General Liability - Under Insurance Services Office, Inc., (“ISO”) Form CG 20 10 03 97 or equivalent. ii. Auto Liability - Under ISO Form CA 20 48 or equivalent. iii. Excess Liability - Follow Form to underlying insurance. b. Contractor’s insurance shall be primary insurance with respect to performance of the Contract. c. 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 Contractor under this Contract. d. ACORD certificate of insurance form 25 (2014/01) is preferred. If ACORD certificate of insurance form 25 (2001/08) is used, the phrases in the cancellation provision “endeavor to” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives” shall be deleted. Certificate forms other than ACORD form shall have similar restrictive language deleted. B. Required Insurance Coverage. 1. Commercial General Liability. Contractor shall maintain “occurrence” form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 24 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 Contract, 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. 2. Vehicle Liability. Contractor shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Contractor’s owned, hired and non-owned vehicles assigned to or used in the performance of the Contractor’s Work or Services under this Contract. 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 Contract, 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. 3. Professional Liability. If this Contract is the subject of any professional Services or Work, or if the Contractor engages in any professional Services or Work in any way related to performing the Work under this Contract, the Contractor shall maintain Professional Liability insurance covering negligent errors and omissions arising out of the Services performed by the Contractor, or anyone employed by the Contractor, or anyone for whose negligent acts, mistakes, errors and omissions the Contractor is legally liable, with an unimpaired liability insurance limit of $2,000,000 each claim and $2,000,000 annual aggregate. 4. Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation insurance to cover obligations imposed by federalFederal and stateState statutes having jurisdiction over Contractor’s employees engaged in the performance of Work or Services under this Contract and shall also maintain Employers Liability Insurance of not less than $500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy limit. 5. Builder's Risk Insurance. Unless expressly waived by the Town Manager in a written addendum or amendment to this Contract, the Contractor shall be responsible for purchasing and maintaining insurance to protect the Project from perils of physical loss. The Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 25 insurance shall provide for the full cost of replacement for the entire Project at the time of any loss. The insurance shall include as named insureds the Town, the Contractor, the Contractor’s Subcontractors and sub-subcontractors and shall insure against loss from the perils of fire and all-risk coverage for physical loss or damage due to theft, vandalism, collapse, malicious mischief, transit, flood, earthquake, testing, resulting loss arising from defective design, negligent workmanship or defective material. The Contractor shall increase the coverage limits as necessary to reflect changes in the estimated replacement cost. C. 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. 4.12. Performance Bond The Contractor shall be required to furnish non-revocable security binding the Contractor to provide faithful performance of this Contract in the amount of one hundred percent (100%) of the total Contract Price payable to the Town. Performance security shall be in the form of a performance bond, certified check, cashier’s check or irrevocable letter of credit. This security must be in the possession of the Engineer within seven Days after execution of this Agreement by the Town. If the Contractor fails to execute and deliver the security instrument as required, the Contractor may be found in default and the Contract terminated by the Town. In case of default the Town reserves all rights. All performance bonds shall be executed in the form attached hereto as Exhibit I, duly executed by the Contractor as Principal and having as Surety thereon a Surety company approved by the Town and holding a Certificate of Authority to transact surety business in the State of Arizona by the Arizona Department of Insurance. Individual sureties are unacceptable. All Insurers and Sureties shall have, at the time of submission of the performance bond, an A.M. Best’s Key Rating Guide of “A-” or better as currently listed in the most recent Best Key Guide, published by the A.M. Best Company. 4.13. Payment Bond The Contractor shall be required to furnish non-revocable security for the protection of all persons supplying labor and material to the Contractor or any Subcontractor for the performance of any Work related to this Contract. Payment security shall be in the amount of one hundred percent (100%) of the total Contract Price and be payable to the Town. Payment security shall be in the form of a payment bond, certified check, cashier’s check or irrevocable letter of credit. This security must be in the possession of the Engineer within seven Days after execution of this Agreement by the Town. If the Contractor fails to execute and deliver the security instrument as required, the Contractor may be found in default and the Contract terminated by the Town. In case of default the Town reserves all rights. All payment bonds shall be executed in the form attached hereto as Exhibit J, duly executed by the Contractor as Principal and having as Surety thereon a Surety company approved by the Town and holding a Certificate of Authority to transact surety business in the State of Arizona by the Arizona Department of Insurance. Individual sureties are unacceptable. All Insurers and Sureties shall have, at the time of submission of the payment bond, an A.M. Best’s Key Rating Guide of “A-” or better as currently listed in the most recent Best Key Guide, published by the A.M. Best Company. Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 26 4.14. Changes in the Work The Town may, without invalidating this Contract, order changes in the Work consisting of additions, deletions or other revisions to the Contract and the Contract Price and the Contract Time shall be adjusted as provided below. The Contract Price and/or the Contract Time may only be changed by the Town’s written approval authorizing said change, and said changes shall be performed under the applicable conditions of the Contract. The Contract Price shall be adjusted as a result of a change in the Work as follows: A. Additions. When the Town increases the scope of the Work, Contractor will perform the increased work pursuant to Contractor’s unit prices set forth on the Price Sheet. B. Deletions. When the Town decreases the Work resulting in a decrease in Contractor’s quantity of the Work, the Town shall be allowed a decrease in the Contract Price amounting to the quantity of the deleted Work multiplied by the Contractor’s unit prices. C. Estimating. Whenever the Town is considering a change to the Work, Contractor shall promptly, and in any event within five business days, estimate the price of the contemplated additional or deleted Work in good faith and as accurately as is then-feasible. The estimate shall show quantities of labor, material and equipment and shall be pursuant to the rates set forth in the Contractor’s Bid. 4.15. Substantial Completion When the Contractor considers that the Work is Substantially Complete, the Engineer shall prepare and submit to the Contractor a comprehensive list of Punch List items, which the Contractor may edit and supplement. The Contractor shall proceed promptly to complete and correct Punch List items. Failure to include an item on the Punch List does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. The Town shall determine when the Project and the Contractor’s Work is substantially complete. “Substantial Completion” means construction has been completed in accordance with the Contract Documents to the extent that the Town can use or occupy the entire Project, or the designated portion of the Project, for the use intended without any outstanding, concurrent construction at the site, except as may be required to complete or correct Punch List items. A prerequisite for Substantial Completion, over and above the extent of construction completion required, is receipt by the Town of acceptable documentation that Contractor has successfully tested and demonstrated all systems for their intended use. The date of Substantial Completion shall be confirmed by a Certificate of Substantial Completion signed by the Town and Contractor. The Certificate of Substantial Completion signed by the Town and Contractor shall state the respective responsibilities of the Town and the Contractor for security, maintenance, utilities, damage to the Work and insurance. The Certificate of Substantial Completion shall also include the Punch List as created by the Contractor and modified by the Town and establish the time for completion and correction of all Punch List items. If the Town and the Contractor cannot agree as to the appropriate date of Substantial Completion, such issue shall be submitted for dispute resolution in accordance with the procedures set forth in Article III, Part B below. Notwithstanding such disagreement, the Contractor shall diligently proceed with completion of the Punch List items. Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 27 4.16. Final Completion The Town shall determine when the Project and the Contractor’s Work is finally completed. “Final Completion” means completion of the Project by the Contractor in accordance with the Contract Documents, certified to the Town by the Contractor. Final Completion shall be achieved only upon the Town’s written acceptance of (A) the construction, (B) all testing, (C) demonstration by Contractor that the Work functions as required by the Contract Documents and meets all Contract requirements, (D) resolution of all outstanding system deficiencies and Punch List items, if any, (E) delivery of all as-built documentation, drawings, completed record documents (with revisions made after Substantial Completion), annotated submittals and design document deliverables, (F) submittal, acceptance, and delivery of the one hundred percent (100%) complete O&M manuals, (G) delivery of warranties, inspection certificates, bonds and all other required documents, (H) all pre-requisites for final payment and (I) submittal of Contractor’s request for final payment and acceptance enclosing all required documentation. Upon Final Completion the Engineer shall issue a Certificate of Final Completion to the Contractor on behalf of the Town. Following receipt of payment from the Town, the Contractor shall make all payments due to the Subcontractors. 4.17. Payments to Contractor Compensation for all Work necessary for the completion of the Project shall be included by the Bidder in the price bid for the items shown in the Bid. Only those items listed in the Bid are pay items. Payment shall be conditioned upon Contractor’s compliance with the payment terms and conditions set forth below. Contractor expressly acknowledges and agrees that (A) the Contract Price is an estimated amount based upon an engineer’s estimate of the quantities of the Materials deemed necessary to perform the Work and (B) the amount of any payment to be made pursuant to this Contract shall be determined by the field-measured quantities of Materials actually installed by Contractor. Material or equipment delivered to the Project by or on behalf of Contractor shall not constitute material or equipment furnished in the performance of the Work until same has been incorporated into the improvements constituting the Project. Payment shall not constitute acceptance by the Town or evidence thereof of any Work performed. A. Progress Payments. 1. On or before the 15th day of each month after construction has commenced, the Contractor shall submit to the Town an application for payment consisting of the cost of the Work performed up to the end of the prior month, including the cost of material stored on the site or at other locations approved by the Town. The application shall be deemed approved and certified for payment seven Days after it is submitted unless before that time the Town prepares and issues a specific written finding setting forth those items in detail that are not approved for payment under the Contract. Prior to submission of the next application for payment, the Contractor shall make available at the request of the Town a statement accounting for the disbursement of funds received under the previous application for purposes of audit. The extent of such statement shall be as agreed upon between the Town and Contractor. Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 28 2. Within 14 Days after approval of each monthly application for payment, the Town shall pay directly to the Contractor the appropriate amount for which application for payment is made, less amounts (a) previously paid by the Town, (b) sufficient to pay expenses the Town reasonably expects to incur in correcting deficiencies which are set forth in writing and provided to the Contractor and (c) any retainage as set forth in this subsection below. 3. The Town’s progress payment, occupancy or use of the Project, whether in whole or in part, shall not be deemed as acceptance of any Work not conforming to the requirements of this Contract. 4. Upon Substantial Completion of the Work, the Town shall pay the Contractor the unpaid balance of the cost of the Work, less a sum equal to the Contractor’s estimated cost of completing any unfinished items as agreed to between the Town and the Contractor as to extent and time for Final Completion. The Town thereafter shall pay the Contractor monthly the amount retained for unfinished items as each item is completed. B. Retainage. With respect to the Work, the Town shall retain ten percent (10%) of the amount of each estimate until Final Completion and acceptance of all Material, equipment and Work covered by this Contract. 1. Any securities submitted by Contractor in lieu of retainage as may be allowed by law, shall be deposited in an escrow account by the Town. The Town shall be listed as payee or multiple payees with Contractor on all such securities. 2. When the Work is fifty percent (50%) completed, one-half of the amount retained including any securities substituted pursuant to subsection "Retainage"(1) shall be paid to the Contractor upon the Contractor’s request, provided the Contractor is making satisfactory progress on the Work and there is no specific cause or claim requiring a greater amount to be retained. After the construction Work is fifty percent (50%) completed, no more than five percent (5%) of the amount of any subsequent progress payments made under this Contract may be retained, provided the Contractor is making satisfactory progress on the Project. If, at any time, the Town determines satisfactory progress is not being made, ten percent (10%) retention shall be reinstated for all progress payments made under this Contract after the determination. C. Payment for On-site and Off-site Stored Materials. Payment shall be made on account of Materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. Payment may similarly be made for Materials and equipment suitably stored off the site, conditioned upon the Contractor furnishing evidence to the Town that (1) title to the Materials and equipment will pass to the Town upon payment therefore, (2) the Materials and equipment are adequately safeguarded and insured, including during transit from the off-site location to the Project site and (3) such other matters as the Town may reasonably request in order to protect its interests. With the prior, written approval of the Town, Contractor may Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 29 advance order the bulk delivery of Materials to be incorporated into the Work over the course of this Contract. Upon delivery and receipt of supplier invoice, the Town shall pay for the bulk delivery, either directly to the Contractor or to the vendor or by joint check to Contractor and vendor, and shall receive a full release for the amount paid from vendor and Contractor. Contractor agrees to assume full responsibility for the safekeeping of all such Materials and shall guarantee to the Town that such Materials shall remain safe from theft or damage from any and all causes (unless caused by the sole negligence of the Town). Contractor shall immediately replace, repair or restore said Materials to their original condition so as to not cause any delay in the Work, and Contractor shall indemnify and hold harmless the Town for, from and against any and all loss, cost, liability or expense resulting from any loss or damage to any of the Materials described herein from any cause unless due to the Town’s sole negligence. Should the Town have reason to believe Contractor is not properly safeguarding any of the Materials, the Town shall have the right, but not the affirmative duty, to immediately take such steps as it deems necessary to do so, including removing Contractor from the job, replacing any Materials or expending any sums to properly carry out Contractor’s responsibility hereunder, and any amounts so expended shall be billed back to Contractor or deducted from any sums then or thereafter due to Contractor. Contractor shall fully insure all Materials stored on site as required by the Town, and if such insurance is not obtained due to a lack of insurable interest, the Town shall have the right to obtain such insurance and charge the amount thereof back to Contractor or deduct said amount from any funds then or thereafter due to Contractor. D. Title to Construction Work. The Contractor warrants that title to all Work covered by an application for payment shall pass to the Town no later than the time of payment. The Contractor further warrants that upon submittal of an application for payment, all Work for which applications for payment have been previously issued and payments received from the Town shall be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, Materials and equipment relating to the Work. E. Final Payment. 1. Final payment, consisting of the unpaid balance of the cost of the Work shall be due and payable at Final Completion and acceptance by the Town. Before issuance of final payment, the Town may request satisfactory evidence that all payrolls, Materials bills and other indebtedness connected with the Work have been paid or otherwise satisfied. 2. Simultaneously with Contractor’s request for final payment, Contractor shall submit the following items to the Town Representative: a. Red-line construction record drawings. b. Warranties. Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 30 c. Two sets of documentation completely covering the operation and maintenance of the mechanical and electrical installation and all other equipment. The documentation shall include charts, diagrams, performance curves, catalog information, lubrication manuals, and details pertaining to the functioning of various items of equipment. The documentation shall be divided logically into “systems” on the basis of operation, without respect to trades, subcontractors or arbitrary specifications sections. The relationship of the “systems” shall be clearly and concisely detailed. d. Affidavit Regarding Settlement of Claims. e. Other items reasonably required by the Town Representative. 3. In making final payment the Town waives all claims except for: a. Outstanding liens. b. Improper workmanship or defective Materials. c. Work not in conformance with this Contract or Work not completed. d. Terms of any special warranties required by this Contract. e. Delivery to Town of all warranties, operation and maintenance manuals, “AS-BUILT” record drawings and other documents as required by this Contract. f. Right to audit Contractor records for a period of three years. g. Claims previously made in writing and which remain unsettled. 4. Acceptance of final payment by the Contractor shall constitute a waiver of affirmative claims by the Contractor, except those previously made in writing and identified as unsettled at the time of final payment. F. Warranty. Contractor or its assignee shall give to the Town a one-year warranty against deficiencies in material and workmanship for all Work on the Project or other such warranty as required by the Town Engineer, which warranty shall begin on the date that the Town accepts the Work as provided in this Section. Any material deficiencies in material or workmanship identified by Town staff during the one-year warranty period shall be brought to the attention of the Contractor or its assignee that provided the warranty, which shall promptly remedy or cause to be remedied such deficiencies to the reasonable satisfaction of the Town Engineer. Continuing material deficiencies in a particular portion of the Work shall be sufficient grounds for the Town to require (1) an extension of the warranty for an additional one-year period and (2) the proper repair of or the removal and reinstallation of, that portion of the Work that is subject to such continuing deficiencies. Regardless of whether the applicable warranty period has expired, the Contractor agrees to repair any damage to the Work caused by Contractor’s construction activities on the Property. Nothing contained herein shall prevent the Town or Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 31 Contractor from seeking recourse against any other third party for damage to the Work caused by such third party. 4.18. 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 Contractor any amounts Contractor owes to the Town for damages resulting from breach or deficiencies in performance or breach of any obligation under this Contract. B. Offset for Delinquent Fees or Taxes. The Town may offset from any money due to the Contractor any amounts Contractor owes to the Town for delinquent fees, transaction privilege taxes and property taxes, including any interest or penalties. Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 32 5. PERFORMANCE OF THE WORK 5.1. Project Video Footage The Contractor shall produce and provide project video footage to the Engineer as required by MAG Supplement Section 105.5.3. All costs associated with the Project videotape produced in accordance with this Section shall be deemed incidental. 5.2. Soil and Subsurface Conditions In addition to conformance to MAG Specifications, Section 102.4 (Examination of Plans, Special Provisions and Site Work), the Contractor shall make its own determinations as to the soil and subsurface conditions, including rock, caliche and ground water and shall complete the Work in whatever material and under whatever conditions may be encountered or created, without extra cost to the Town pursuant to the provisions of the MAG Supplement Section 102.4.1. 5.3. Work Scheduling Time is of the essence for this Contract. Contractor shall provide the Engineer with any requested scheduling information and a proposed schedule for performance of the Work within the Contract Time in a form acceptable to the Engineer and approved by the Engineer, in his sole and absolute discretion, providing for commencement and completion of the Work (the “Schedule”). The Schedule shall include the date for Substantial Completion of the Work. The Engineer may revise the Schedule during the course of the Work. Contractor, to induce the Town to enter into this Contract, has and does hereby agree to fully perform and complete the Work for the Contract Price within the Schedule. 5.4. Contractors Representative The Contractor or his authorized representative shall be present at the Work site at all times during working hours. Instructions and information provided by the Engineer to the Contractor’s representative shall be considered as having been given to the Contractor, per MAG Supplement Section 105.5.2. 5.5. Prosecutions of the Work The Contractor shall prosecute the Work so that the portion of the Work completed at any point in time shall be not less than as required by the Schedule. If the delay is an Inexcusable Delay, as defined below, the Contractor shall prepare a recovery schedule for the Engineer’s review and approval, showing how the Contractor will compensate for the delays and achieve Substantial Completion by the date(s) shown on the Schedule. If the Contractor is unable to demonstrate how it will overcome Inexcusable Delays, the Engineer may order the Contractor to employ such extraordinary measures as are necessary to bring the Work into conformity with the Substantial Completion date(s) set forth therein, the costs of which shall be included as part of the Cost of the Work. If the delay is an Excusable Delay, as defined below, the Engineer shall either (A) authorize an equitable extension in the Schedule to account for such delay, and equitably adjust the contract sum on account of such delay or (B) request that the Contractor prepare a recovery schedule showing how (if possible) the Contractor can achieve Substantial Completion by the applicable date shown on the Schedule, and equitably adjust the Contract Price in accordance with the provisions of this Contract on account of any extraordinary activities required of the Contractor on account of such recovery schedule. Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 33 5.6. Extensions of Time A. Allowable Extensions. An extension in the scheduled date of Substantial Completion will only be granted in the event of Excusable Delays affecting the Schedule for the Work. The Contractor shall be entitled to general condition costs and extra costs related to the Excusable Delay for idle labor, equipment inefficiency and lost productivity of the performance of the Work. The Contractor must submit evidence reasonably satisfactory to the Town substantiating such costs. Such adjustment to the Price and Substantial Completion date shall be issued in a Change Order or Contract amendment, as applicable. B. Excusable Delay. To the extent any of the following events results in an actual delay in the Work, such shall constitute an “Excusable Delay” (to the extent not set forth below, a delay will be considered an “Inexcusable Delay”): 1. Delays resulting from Force Majeure. 2. Differing, unusual or concealed site conditions that could not reasonably have been anticipated by the Contractor in preparing the Schedule, including, without limitation, archaeological finds and unusual soil conditions (including rock or other geological conditions), underground foundations, abandoned utility lines and water conditions. 3. Delays resulting from the existence or discovery of Hazardous Materials on the Site not brought to the Site by the Contractor. 4. Delays resulting from changes in Applicable Laws occurring after the date of execution of this Contract. 5. Delays occurring due to the acts or omissions of the Town and those within the control of the Town. 6. Delays occurring due to the acts or omissions of a utility, so long as Contractor has coordinated with the utility causing the delay and the delay occurs despite reasonable steps taken by Contractor to avoid the delay. 7. Delays resulting from weather conditions that make it unreasonable to perform the Work in accordance with the Schedule; provided, however, that Contractor’s Schedule shall be deemed to include 14 Days for weather delays (the “Expected Delay Days”), regardless of whether such weather delays are specifically set forth in the Schedule. Contractor shall notify the Town within 24 hours in writing of a weather related delay. If Contractor fails to give the required 24-hour notice, no such weather delay will be subtracted from the Expected Delay Days. Weather delays shall not be deemed “Excusable” unless all of the Expected Delay Days have been exhausted. 8. Delays resulting from Additional Work (defined below) that cannot be performed concurrently with the Work on the Schedule. Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 34 C. Required Notice. In order to obtain an extension of time due to an Excusable Delay, the Contractor shall comply with the following requirements. The Contractor shall notify the Engineer in writing of the Excusable Delay as soon as practicable, but in no event more than seven Days after the Contractor becomes aware of the occurrence of the Excusable Delay. Such notice shall describe the Excusable Delay and shall state the approximate number of Days the Contractor expects to be delayed. After the cessation of the Excusable Delay, the Contractor shall notify the Engineer of the number of Days the Contractor believes that its activities were in fact delayed by the Excusable Delay. In the event that the delay arises as a result of a Change Order request by the Town, the request for an extension of time contained in the resulting Change Order proposal shall be deemed sufficient for purposes of this subsection. D. Determination. Within 10 Days after cessation of an event giving rise to either an Excusable Delay or Inexcusable Delay, the parties will use good faith efforts to agree on the extent to which the Work has been delayed and whether the delay is an Excusable Delay or an Inexcusable Delay. In the absence of agreement between the parties as to the then-current status of Excusable Delays and Inexcusable Delays, the Engineer will provide the Contractor with written notice of Engineer’s determination of the respective number of Days of Excusable Delay and/or Inexcusable Delay. The Engineer’s determination may be issued at such time as the Engineer deems reasonable, but not later than 10 Days after receipt by the Engineer of the Contractor’s written request for such determination. The Contractor shall not, however, deem an issuance by the Engineer of such a determination to be a concurrence of the matters set forth in the Contractor’s request. The Contractor may invoke the dispute resolution procedures set forth in Part D below with respect to such determination. E. Concurrent Delay. To the extent the Contractor is entitled to an extension of time due to an Excusable Delay, but the performance of the Work would have been suspended, delayed or interrupted by the fault or neglect of the Contractor or by an Inexcusable Delay, the Contractor shall not be entitled to any additional costs for the period of such concurrency. 5.7. Liquidated Damages It is expressly understood that should Contractor fail to complete the Work covered hereby within the Contract Time, the Contractor agrees to pay and shall pay to the Town upon request therefore for each Day of delay beyond the original or revised scheduled time of completion of Contractor’s Work as liquidated damages, and not as a penalty, in the amount per Day as set forth in MAG Specifications for each Day of delay. A. Prior to Termination. If the Contract is not terminated, the Contractor shall continue performance and be liable to the Town for the liquidated damages until the Work is complete. B. After Termination. In the event the Town exercises its right of termination, the Contractor shall be liable to the Town for any excess costs and, in addition, for liquidated damages until such time as the Town may reasonably obtain delivery or performance of similar Services. Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 35 5.8. Suspension by the Town for Convenience A. Town Determination. The Town may order the Contractor in writing to suspend, delay or interrupt all or any part of the Work without cause for such period of time as the Town may determine to be appropriate for its convenience. B. Contract Adjustments. Adjustments caused by suspension, delay or interruption shall be made for increases in the applicable contract sum and/or the date(s) of Substantial Completion. No adjustment shall be made if the Contractor is or otherwise would have been responsible for the suspension, delay or interruption of the Work, or if another provision of this Contract is applied to render an equitable adjustment. 5.9. Termination by the Town for Convenience The Town may, upon 30 Days’ written notice to the Contractor, terminate this Contract, in whole or in part, for the convenience, of the Town without prejudice to any right or remedy otherwise available to the Town. Upon receipt of such notice, the Contractor shall immediately discontinue all Services affected unless such notice directs otherwise. In the event of a termination for convenience of the Town, the Contractor’s sole and exclusive right and remedy shall be payment for all Work performed through the date of termination. The Contractor shall not be entitled to be paid any amount as profit for unperformed Services or consideration for the Town’s termination by convenience. 5.10. Termination by the Town for Cause A. Default; Cure. If the Contractor refuses or fails to supply sufficient properly skilled staff or proper Materials, or disregards laws, ordinances, rules, regulations, or orders of any public authority jurisdiction, or otherwise substantially violates or materially breaches any term or provision of this Contract, and such nonperformance or violation continues without cure for 15 Days after the Contractor receives written notice of such nonperformance or violation from the Town, then the Town may, without prejudice to any right or remedy otherwise available to the Town, terminate this Contract. B. Substitute Performance. Upon termination of this Contract by the Town, the Town shall be entitled to furnish or have furnished the Services to be performed hereunder by the Contractor by whatever method the Town may deem expedient. Also, in such case, the Contractor shall not be entitled to receive any further payment until completion of the Work, and the total compensation to the Contractor under this Contract shall be the amount that is equitable under the circumstances. If the Town and the Contractor are unable to agree on the amount to be paid under the foregoing sentence, the Town shall fix an amount, if any, that it deems appropriate in consideration of all of the circumstances surrounding such termination, and shall make payment accordingly. The Contractor may dispute the Town’s assessment of the termination amount pursuant to the dispute resolution process set forth in in Part D of this Contract. C. Contractor Insolvency. Upon the appointment of a receiver for the Contractor, or if the Contractor makes a general assignment for the benefit of creditors, the Town may terminate Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 36 this Contract, without prejudice to any right or remedy otherwise available to the Town, upon giving three business days’ written notice to the Contractor. If an order for relief is entered under the bankruptcy code with respect to the Contractor, the Town may terminate this Contract by giving three business days’ written notice to the Contractor unless the Contractor or the trustee completes all of the following: 1. Promptly cures all breaches within such three-day period. 2. Provides adequate assurances of future performance. 3. Compensates the Town for actual pecuniary loss resulting from such breaches. 4. Assumes the obligations of the Contractor within the established time limits. 5.11. Contract Subject to Appropriation The Town is obligated only to pay its obligations set forth in this Agreement as may lawfully be made from funds appropriated and budgeted for that purpose during the Town’s then current fiscal year. The Town’s obligations under this Agreement are current expenses subject to the “budget law” and the unfettered legislative discretion of the Town concerning budgeted purposes and appropriation of funds. Should the Town elect not to appropriate and budget funds to pay its Agreement obligations, this Agreement shall be deemed terminated at the end of the then-current fiscal year term for which such funds were appropriated and budgeted for such purpose and the Town shall be relieved of any subsequent obligation under this Agreement. The parties agree that the Town has no obligation or duty of good faith to budget or appropriate the payment of the Town’s obligations set forth in this Agreement in any budget in any fiscal year other than the fiscal year in which this Agreement is executed and delivered. The Town shall be the sole judge and authority in determining the availability of funds for its obligations under this Agreement. The Town shall keep Contractor informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is not a general obligation or indebtedness of the Town. Contractor hereby waives any and all rights to bring any claim against the Town from or relating in any way to the Town's termination of this Agreement pursuant to this section. 5.12. Additional Work, Materials and/or Overtime Contractor expressly agrees that if overtime or additional workers or materials are necessary to meet the Schedule, that such overtime will be performed or additional workers or materials will be procured by the Contractor, and the additional expense thereof shall be borne by Contractor unless the delay requiring overtime was directly caused by the Town, in which event Contractor shall be entitled to compensation for such overtime Work. If the Town requests Contractor to perform additional Work in connection with the Project (“Additional Work”), Contractor shall charge the Town a negotiated fixed amount for the Additional Work. In the event a fixed amount cannot be negotiated, Contractor shall invoice the Town on a time and materials basis for the Additional Work at the unit prices set forth in the price sheet. Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 37 5.13. No Damage for Delay or Additional Work by the Town Contractor shall adjust its operations to conform to any progress schedule changes and hereby waives and releases the Town from any liability for damages or expenses that may be caused to or sustained by Contractor by reason of such changes or by reason of delays in the Work, whether caused in whole or in part by conduct on the part of the Town, including without limitation, any breach of this Contract or delays by other contractors or Subcontractors. Contractor’s exclusive remedy in event of delay or Additional Work by the Town shall be an extension of time hereunder to complete the Work. 5.14. Risk of Loss Contractor shall assume the risk of loss occasioned by fire, theft or other damage to Materials, machinery, apparatus, tools and equipment relating to the Work prior to actual installation in final place on the Project and acceptance by the Town. Contractor shall be responsible for damage to the Materials, machinery, apparatus, tools, equipment and property of the Town and other contractors resulting from the acts or omissions of its Subcontractors, employees, agents, representatives Subcontractors, and for payment of the full costs of repair or replacement of any said damage. 5.15. Protection of Finished or Partially Finished Work The Contractor shall properly guard and protect all finished or partially finished Work and shall be responsible for the same until the entire Contract is completed and accepted by the Engineer. The Contractor shall turn over the entire Work in full accordance with this Contract before final settlement shall be made. 5.16. Character and Status of Workers Only skilled foremen and workers shall be employed on portions of the Work requiring special qualifications. When required by the Engineer, the Contractor shall discharge any person who is, in the opinion of the Engineer, disorderly, dangerous, insubordinate, incompetent or otherwise objectionable. The Contractor shall indemnify and hold harmless the Town from and against damages or claims for compensation that may occur in the enforcement of this Section. The Contractor shall be responsible for ensuring the legal working status of its employees and its Subcontractor’s employees. The Contractor agrees that once assigned to Work under this Contract, key personnel shall not be removed or replaced without written notice to the Town. If key personnel are not available for Work under this Contract for a continuous period exceeding 30 Days, or are expected to devote substantially less effort to the Work than initially anticipated, the Contractor shall immediately notify the Town and shall, subject to the concurrence of the Town, replace such personnel with personnel of substantially equal ability and qualifications. 5.17. Work Methods The methods, equipment and appliances used on the Work shall be such as will produce a satisfactory quality of Work, and shall be adequate to complete the Contract within the Contract Time. Except as is otherwise specified in this Contract, the Contractor’s procedure and methods of construction may, in general, be of its own choosing, provided such methods (A) follow best general practice and (B) are calculated to secure results which will satisfy the requirements of this Contract. The Work covered by this Contract shall be carefully laid out in advance and performed in a manner to minimize interference Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 38 with normal operation and utilization of the Town’s right-of-way. The Contractor shall exercise caution during the course of this Work to avoid damage to all known existing or possible unknown existing underground utilities. It shall conduct its operations in such a manner as to avoid injury to its personnel and to avoid damage to all utilities. Any damage done will be repaired without delay and at the expense of the Contractor. 5.18. Safety Fencing Requirement for Trenches and Excavations The Contractor shall provide safety construction fencing around all open trenches and excavations during all non-working hours. In addition, the Contractor shall provide safety fencing around the Project site during working hours in order to ensure public safety. The Contractor shall provide for the safety and welfare of the general public by adequately fencing all excavations and trenches that are permitted by the Engineer to remain open when construction is not in progress. Fencing shall be securely anchored to approved steel posts located not less than six feet on center, having a minimum height of six feet, and shall consist of wire mesh fabric of sufficient weight and rigidity to adequately span a maximum supporting post separation of six feet. The fencing, when installed about the periphery of excavations and trenches, shall form an effective barrier against intrusion by the general public into areas of construction. The Contractor, at all times when construction is not in progress, shall be responsible for maintaining the fencing in good repair, and upon notification by the Engineer, shall take immediate action to rectify any deficiency. Prior to the start of any excavation or trenching required for the execution of the proposed Work, the Contractor shall submit to the Engineer for approval, detailed plans showing types of materials and methods of fabrication for the protective fencing. There will be no separate measurement or payment for furnishing, installing, or maintaining protective fencing. The cost shall be considered incidental to the cost of any other structures for which trenching is necessary. 5.19. Plans and Shop Drawings, Samples and Substitution of Materials Bid Process and Award onform to MAG Specifications, Section 105.2 (Plans and Drawings) as modified by the MAG Supplement. Contractor shall furnish, within three business days following request therefore by the Town, detailed drawings of the Work, samples of Materials and other submittals required for the performance or coordination of the Work. Substitutions shall be equal or superior to Materials specified in the Contract Documents, shall be clearly identified on submittals as “proposed substitutions” and shall be approved by the Town in accordance with Bid Process and Award section "Inquiries; Interpretation of Plans, Specifications and Drawings" above. Contractor shall be fully responsible for the adequacy, completeness and promptness of all such submittals. Materials shall not be furnished to the jobsite unless same is in strict compliance with the Specifications or otherwise approved in writing by the Town. Approval by the Town shall not relieve Contractor of full responsibility for compliance with scope, intent and performance in accordance with this Contract. 5.20. Utilities A. Cooperation. The Contractor shall comply with the requirements of MAG Specifications 105.6, as modified by the MAG Supplement. B. Utilities Shown on the Plans. Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 39 1. Regardless of what utilities are shown on the plans, it shall be Contractor's responsibility to verify these locations and any additional lines which may exist through consulting with the Town, utility companies and "Blue Stake." 2. Existing utilities are indicated on Project plans in accordance with the best information available. Contractor shall notify all owners of utilities when its Work is in progress and shall make such arrangements as are necessary to make any emergency repair to any utility, in a manner satisfactory to the Town of a damaged utility line, including individual or house service utility lines. 3. No extra compensation will be made for the repair of any individual or house service utility or utility lines damaged by Contractor's labor forces or equipment, nor for any damage incurred through neglect or failure to provide protective barriers, lights and other devices or means required to protect such existing utilities. 4. Contractor shall expose all sanitary and storm sewers, water, gas, electric, telephone utility lines, and other underground structures that might interfere with the Work, in order to permit survey location prior to construction. 5. Contractor shall assume full responsibility for damages to any underground facility/utility properly shown on the Plans or properly located by the Utility owner, as a result of failing to obtain information as to its location, failing to excavate in a careful and prudent manner (as defined in MAG Specifications), or failing to take measures for protection of the facilities/utilities. The Contractor is liable to the owner of the underground facility/utility for the total cost of the repair. C. Utilities Not Shown on the Plans. 1. If utility lines are encountered that are not shown on the plans, and not located, or incorrectly located by the utility owner, other than individual or house service utility lines, and these lines are damaged or work is required to clear same, then MAG Specifications, Section 109.8 and Ariz. Rev. Stat. § 40-360.21 et seq. shall apply. 2. The work necessary for the raising, lowering, or relocating of any such utility shall be at the utility owner’s expense. The necessary Work may be done by the utility owner or by Contractor, or as a collaborative effort, at the option of the utility owner. All Work shall be in accordance with the standards of the Town and the utility owner. 3. In most cases, individual or house service utility lines are not shown on the Plans. It shall be Contractor’s responsibility to locate and protect these individual or house services. If, due to Contractor’s operations, any of these lines are damaged, it shall repair or replace these lines in a manner satisfactory to the owner of the utility at no extra cost to the Town. In addition, the cost of location, protection, and working around these individual or house service utility lines shall be included in Contractor’s bid for the Work under this Contract. Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 40 5.21. Sampling and Testing Sampling and testing shall conform to the requirements of the MAG Specifications, Section 106, as modified by the MAG Supplement. The Contractor shall obtain an independent laboratory or testing company and pay all costs of testing required by the Contract Documents, including testing required by MAG, the Specifications, the Town and other jurisdictional bodies. A copy of all test results shall be furnished to the Engineer in a summary report submitted at the subsequent construction progress meeting (time and date to be set upon Contract award) for tests performed. At Substantial Completion, the Contractor shall submit a final test report containing all test results which certifies the Work complies with the Specifications. This report shall be sealed by a professional engineer registered in the State of Arizona who was responsible for overseeing the testing and sampling. 5.22. Cooperation between Contractors The Contractor shall comply with the requirements of MAG Specifications, Section 105.7, as modified by the MAG Supplement. 5.23. Outdoor Construction Time Restrictions Unless otherwise permitted by the Engineer, construction will be restricted as listed: May 15 - September 15 5:30 a.m. to 6:30 p.m. September 16 - May 14 6:00 a.m. to 6:30 p.m. Construction Work shall not begin Work prior to 7:00 a.m. and shall stop by 5:00 p.m. on Saturdays. There shall be no Construction Work on Sundays and all Town, State and Federal holidays. 5.24. Construction Survey Construction survey and as-built record drawings shall conform to the requirements of the MAG Specifications, Section 105.8 (Construction Stakes, Lines and Grades), as modified by the MAG Supplement. Contractor shall provide and pay for all building layout staking, including elevations and all other Project staking. Replacement of construction stakes that have been knocked out due to Contractor's Work or lack of Work, weather conditions, traffic, vandalism or utility contractors will be done at Contractor's expense. 5.25. Survey Control Points Existing survey markers (either brass caps or iron pipes) shall be protected by the Contractor or removed and replaced under direct supervision of the Engineer. Survey monuments shall be constructed to the requirements of MAG Specifications, Section 405. Lot corners shall not be disturbed without knowledge and consent of the property owner. The Contractor shall replace benchmarks, monuments or lot corners moved or destroyed during construction at no expense to the Town. Contractor and its sureties shall be liable for correct replacement of disturbed survey benchmarks except where the Town elects to replace survey benchmarks using its own forces. Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 41 5.26. Stockpile of Materials A. Engineer Approval. The Contractor may, if approved by the Engineer, place or stockpile Materials in the public right-of-way provided such Materials do not prevent access to adjacent properties or prevent compliance with traffic regulations. An encroachment permit shall be required. Any applicable cost shall be paid by the Contractor and shall be presumed to be part of the Contractor’s bid. B. No Traffic Interference. Traffic shall not be required to travel over stockpiled Materials and proper dust control shall be maintained. 5.27. Excess Materials When excavations are made, resultant loose earth shall be (A) utilized for filling by compacting in place or (B) disposed of off-site. Excess or unsuitable material, broken asphaltic concrete and broken portland cement concrete excavated from the right-of-way shall be removed from the Project Site and disposed of by the Contractor. Waste material shall not be placed on private property without express permission of the property owner. The Contractor shall, at all times, keep the premises free from accumulation of waste materials or rubbish caused by its operations. At the completion of the Work, Contractor shall remove all equipment, tools and surplus materials, and shall completely clean the premises, removing and disposing of all debris and rubbish and cleaning all stains, spots, marks, dirt, smears or other blemishes. When the Work premises are turned over to the Town, they shall be thoroughly clean and ready for immediate use. Clean-up shall include removal of all excess pointing mortar materials within pipes and removal of oversized rocks and boulders left after finish grading. The Contractor shall provide for the legal disposal of all waste products and debris and shall make necessary arrangements for such disposal. 5.28. Dust Control and Water Contractor shall implement dust control measures in accordance with MAG Specifications, Section 104.1, and the MAG Supplement. Installation and removal of fire hydrant meters should be scheduled at least three business days in advance through the Chaparral City Water Company. Watering shall conform to the provisions of MAG Specifications, Section 225. A deposit and installation fee in amounts set forth in the Chaparral City Water Company’s fee schedule is required for each meter. The cost of the water is at the prevailing rate. 5.29. Storm Water Contractor shall obtain all local, county, state and federal storm water permits. 5.30. Temporary Sanitary Facilities The Contractor shall provide ample toilet facilities with proper enclosures for the use of workers employed on the Work site. Toilet facilities shall be installed and maintained in conformity with all applicable State and local laws, codes, regulations and ordinances and shall be properly lit and ventilated, and kept clean at all times. Adequate and satisfactory drinking water shall be provided at all times and under no circumstances and under no conditions will the use of common cups be permitted. The Contractor must supply sanitary drinking cups for the benefit of all employees. Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 42 5.31. Electric Power, Water and Telephone Unless otherwise specified, the Contractor shall make its own arrangements for electric power, water and telephone as needed. Subject to the convenience of the utility, it may be permitted to connect to existing facilities where available, but Contractor shall meter and bear the cost of such power or water, and installation and disconnect of such power, water and telephone services. 5.32. Energized Aerial Electrical Power Lines Utility companies may maintain energized aerial electrical power lines in the immediate vicinity of this Project. Contractor shall not presume any such lines to be insulated. Construction personnel working in proximity to these lines may be exposed to an extreme hazard from electrical shock. Contractor shall ensure that its employees and all other construction personnel working on this Project are warned of the danger and instructed to take adequate protective measures, including maintaining a minimum ten feet of clearance between the lines and all construction equipment and personnel. (see: OSHA Std. 1926.550 (a) 15, as amended). As an additional safety precaution, Contractor shall call the affected utility companies to arrange, if possible, to have these lines de-energized or relocated when the Work reaches their immediate vicinity. The cost of such temporary arrangements shall be borne by the Contractor. Contractor shall account for the time necessary to cause such utility disconnection in the preparation of its Bid. Electrical utility companies may maintain energized underground electrical power lines in the immediate vicinity of this Project. These power lines represent an extreme hazard of electrical shock to any construction personnel or equipment coming in contact with them. Arizona law requires all parties planning excavations in public rights-of-way to contact all utility firms for locations of their underground facilities. Contractor shall ensure that its employees and all other personnel working near any underground power lines must be warned to take adequate protective measure. (see: OSHA Std. 1926-651 (A), as amended). 5.33. Site Clean Up Contractor shall at all times, but not less than daily unless otherwise agreed by Town Representative, keep the premises on which the Work is being performed clean and free from accumulation of any waste materials, trash, debris and excess dirt, and at all times shall remove Contractor’s implements, machinery, tools, apparatus and equipment from the jobsite when not needed on the jobsite. Should the Town Representative find it necessary in his/her opinion to employ help to clean up, remove or store any of the foregoing due to failure of Contractor to do so, the expense thereof shall be charged to Contractor. Verbal notice from the Town Representative on clean-up or removal is considered adequate notice hereunder, and failure to conform with his/her request within 24 hours thereof will be construed as a breach of this Contract by the Contractor and such charges will be made against Contractor’s account as are necessary to accomplish the clean-up or removal. The cost of cleanup, removal or storage by the Town, if not deducted by the Town from monies due Contractor, shall be paid by Contractor within five business days of written demand by the Town. 5.34. Use of the Site Contractor shall at all times comply fully with all laws, orders, citations, rules, regulations, standards and statutes with respect to occupational health and safety, the handling and storage of hazardous materials, accident prevention and safety equipment and practices, including any accident prevention Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 43 and safety program of the Town; provided, however, that the Town shall not be required to impose any safety requirements or administer any such programs and the review or requirement of any safety plan by the Town shall not be deemed to release Contractor or in any way diminish its liability, by way of indemnity or otherwise, as assumed by it under this Contract. Contractor shall conduct inspections regularly to determine that safe working conditions and equipment exist and accepts sole responsibility for providing a safe place to Work for its employees and employees of its Subcontractors, laborers, suppliers of material and equipment and any other person visiting the Site, for adequacy of and required use of all safety equipment and for compliance herewith. When so ordered, Contractor shall stop any part of the Work that the Town deems unsafe until corrective measures satisfactory to the Town have been taken. Should Contractor neglect to adopt such corrective measures, the Town may do so and deduct the cost from payments due Contractor. Contractor shall timely submit copies of all accident or injury reports to the Town. 5.35. Public Information and Notification The Contractor shall submit a public information and notification plan for this Project (the “Notification Plan”) to the Town Representative at the first pre-construction meeting held prior to start of construction. The Notification Plan shall include, at a minimum, the items set forth in this section; provided, however, that the Engineer may waive any portion of the requirements of this Section upon a written determination that the Project scope does not warrant such notification. Contractor shall provide Project information to affected residents and homeowners’ associations prior to and throughout the Project’s duration. The Contractor shall use the Notification Plan to inform the local citizens, businesses and Town officials, not less than five business days in advance, of (A) necessary operations that create high noise levels, (B) street closures, (C) detour locations, (D) haul routes and material delivery routes and (E) disruption of bus routes, mail routes and other delivery/pick-up routes. 5.36. Neighborhood Notification A. Prior to the start of any Work on the Project, the Contractor shall distribute a preliminary “Dear Neighbor” letter (8-1/2” x 11”), as submitted to and subject to the approval of the Engineer, to all businesses, property owners and residents within 600 feet of any portion of this Project. This “Dear Neighbor” letter shall include, at a minimum, the following information: 1. Contractor’s name, business telephone number and the 24-hour “Hot Line” telephone number for this Project. 2. Name of Contractor’s Project Manager. 3. Name of Contractor’s Project Superintendent. 4. Brief description of the Project. 5. Construction schedule, including anticipated Work hours. 6. Anticipated lane restrictions, including the expected duration thereof. 7. Name of Town’s Project Manager. 8. Name of the Engineer. Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 44 B. The Town Manager or authorized designee shall provide the Contractor with a distribution list for this “Dear Neighbor” letter. Contractor shall (1) ensure that the letter is distributed to all persons and businesses indicated on the list provided by the Town Manager or authorized designee and (2) provide the Town Manager or authorized designee with a copy of the letter sent and sufficient proof of mailing. Subsequent to delivery of the “Dear Neighbor” letter, the Contractor shall distribute bi-monthly construction progress updates, including construction schedule and any additional information the Engineer deems important as a result of construction activities, to all persons and businesses included on the aforementioned distribution list. At the request of the Town Manager or authorized designee, Contractor may be required to distribute additional public notifications. At the end of construction a final “Dear Neighbor” letter shall be distributed to the persons and businesses on the aforementioned distribution list highlighting the Contractor’s and the Town’s appreciation for their patience during construction of the Project. C. 24-Hour Project Hotline. The Contractor shall be required to furnish a private 24-hour telephone line to be used solely for receiving incoming calls from local citizens or businesses with questions or complaints concerning Project construction operations or procedures (the “Hotline”). The Contractor shall include this Hotline telephone number on all public information distributed throughout the duration of the Project. Contractor shall ensure that Contractor personnel man the Hotline during all hours that there is any Work being performed on this Project; the Hotline shall be answered by a live answering service during all other hours. The Contractor shall maintain a log of incoming calls, responses and action taken that shall be submitted to the Engineer weekly and upon request. D. Public Meetings. The Contractor shall attend such public meetings as deemed necessary by the Town Manager or authorized designee. E. Press Releases. The Contractor shall, at the request of the Engineer, prepare press releases regarding the Project. F. Payment for Public Notification. The Town will pay, based on time and materials invoices, an amount not to exceed the amount designated in the Price Sheet and entitled COMMUNITY RELATIONS, for Work performed in accordance with the Notification Plan. Work that is eligible for reimbursement includes: the “Dear Neighbor” letters; bi-monthly progress reports; meetings with impacted businesses, residents, schools, churches or other groups; scheduling newsletter when necessary (at least monthly); temporary signs for local access; and maintaining the Hotline. No payment will be made under this item for any Day during which there are substantial deficiencies in compliance, as determined by the Engineer. The Contractor shall submit a final report/evaluation of its Notification Plan process performed for this Project. The report shall be submitted before the Contractor receives final payment. Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 45 6. MISCELLANEOUS TERMS AND CONDITIONS 6.1. Applicable Law; Venue This Contract shall be governed by the laws of the State of Arizona and suit pertaining to this Contract may be brought only in courts in Maricopa County, Arizona. 6.2. Conflict of Interest This Contract is subject to the provisions of Ariz. Rev. Stat. § 38-511. The Town may cancel this Contract 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 Contract on behalf of the Town or any of its departments or agencies is, at any time while the Contract or any extension of the Contract is in effect, an employee of any other party to the Contract in any capacity or a consultant to any other party of the Contract with respect to the subject matter of the Contract. 6.3. 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 Contractor 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. Contractor, 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 Contractor, its employees or subcontractors. The Contractor, and not the Town, shall determine the time of its performance of the services provided under this Agreement so long as Contractor meets the requirements of its agreed scope of work and the specifications, plans/construction drawings as set forth in Scope of Work above. Contractor is neither prohibited from entering into other contracts nor prohibited from practicing its profession elsewhere. Town and Contractor do not intend to nor will they combine business operations under this Agreement. 6.4. Contract Amendments This Contract may be modified only by a written amendment signed by persons duly authorized to enter into contracts on behalf of the Town and the Contractor; provided, however, that Change Orders may be issued and approved administratively by the Town when such changes do not alter the Contract Price. 6.5. Provisions Required by Law Each and every provision of law and any clause required by law to be in the Contract 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, the Contract will promptly be physically amended to make such insertion or correction. Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 46 6.6. Severability The provisions of this Contract 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 the Contract which may remain in effect without the invalid provision or application. 6.7. Entire Agreement; Interpretation; Parol Evidence This Contract 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 Contract are hereby revoked and superseded by this Contract. 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 Contract. This Contract 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 the Contract. 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 Contract. 6.8. Assignment; Delegation No right or interest in this Contract shall be assigned or delegated by Contractor without prior, written permission of the Town, signed by the Town Manager. Any attempted assignment or delegation by Contractor in violation of this provision shall be a breach of this Contract by Contractor. 6.9. Subcontracts No subcontract shall be entered into by the Contractor with any other party to furnish any of the Materials, Services or construction specified herein without the prior, written approval of the Town. The Contractor is responsible for performance under this Contract whether or not Subcontractors are used. 6.10. Rights and Remedies No provision in this Contract 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 Contract. The failure of the Town to insist upon the strict performance of any term or condition of this Contract or to exercise or delay the exercise of any right or remedy provided in this Contract, or by law, or the Town’s acceptance of and payment for Materials or Services, shall not release the Contractor from any responsibilities or obligations imposed by this Contract or by law, and shall not be deemed a waiver of any right of the Town to insist upon the strict performance of this Contract. 6.11. Attorneys’ Fees In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Contract 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 of such action and shall be enforced whether or not such action is prosecuted through judgment. Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 47 6.12. Notices and Requests. Any notice or other communication required or permitted to be given under this Contract shall be in writing and shall be deemed to have been duly given if (1) delivered to the party at the address set forth below, (2) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (3) given to a recognized and reputable overnight delivery service, to the address set forth in below: 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 (1) when delivered to the party, (2) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (3) 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. A. If to the Town: Town of Fountain Hills16705 East Avenue of the FountainsFountain Hills, Arizona 85268Attn: Grady E. Miller, Town ManagerWith copy to: Town of Fountain Hills16705 East Avenue of the FountainsFountain Hills, Arizona 85268Attn: Aaron D. Arnson, Town AttorneyIf to Contractor:_____________________________________________________________________ ______________________________Attn: ____________________________ 6.13. Overcharges by Antitrust Violations The Town maintains that, in practice, overcharges resulting from antitrust violations are borne by the purchaser. Therefore, to the extent permitted by law, the Contractor hereby assigns to the Town any and all claims for such overcharges as to the goods and services used to fulfill the Contract. 6.14. Force Majeure Except for payment for sums due, neither party shall be liable to the other nor deemed in default under this Contract if and to the extent that such party’s performance of this Contract is prevented by reason of force majeure. The term “force majeure” means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Without limiting the foregoing, force majeure includes acts of God; acts of the public enemy; war; riots; strikes; mobilization; labor disputes; civil disorders; fire; floods; lockouts, injunctions-intervention-acts, or failures or refusals to act by government authority; and other similar occurrences beyond the control of the party declaring force majeure which such party is unable to prevent by exercising reasonable diligence. The force majeure shall be deemed to commence when the party declaring force majeure notifies the other party, in accordance with subsection "Notices and Requests", of the existence of the force majeure and shall be deemed to continue as long as the results or effects of the force majeure prevent the party from resuming performance in accordance with this Contract. Force majeure shall not include the following occurrences: A. Late Delivery. Late delivery of equipment or materials caused by congestion at a manufacturer’s plant or elsewhere, an oversold condition of the market, inefficiencies or similar occurrences. Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 48 B. Late Performance. Late performance by a Subcontractor unless the delay arises out of a force majeure occurrence in accordance with this Subsection "Force Majeure". Any delay or failure in performance by either party hereto shall not constitute default hereunder or give rise to any claim for damages or loss of anticipated profits if, and to the extent that such delay or failure is caused by force majeure. If either party is delayed at any time in the progress of the Work by force majeure, then the delayed party shall notify the other party in accordance with Subsection "Notices and Requests" and shall make a specific reference to this Section, thereby invoking its provisions. The delayed party shall cause such delay to cease as soon as practicable and shall notify the other party in writing. The time of Substantial Completion or Final Completion shall be extended by written Contract amendment for a period of time equal to the time that the results or effects of such delay prevent the delayed party from performing in accordance with this Contract. 6.15. Confidentiality of Records The Contractor 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 Contract shall not be used or disclosed by it, its agents, officers, or employees, except as required to perform Contractor’s duties under this Contract. Persons requesting such information should be referred to the Town. Contractor also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of Contractor as needed for the performance of duties under this Contract. 6.16. Records and Audit Rights To ensure that the Contractor and its Subcontractors are complying with the warranty under subsection "E-verify Requirements" below, Contractor’s and its Subcontractors’ books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Contract, including the papers of any Contractor and its Subcontractors’ employees who perform any Work or Services pursuant to this Contract (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 (1) evaluation and verification of any invoices, payments or claims based on Contractor’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 Contract and (2) evaluation of the Contractor’s and its Subcontractors’ compliance with the Arizona employer sanctions laws referenced in subsection "E-verify Requirements" below. To the extent necessary for the Town to audit Records as set forth in this subsection, Contractor and its Subcontractors hereby waive any rights to keep such Records confidential. 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 Contract for the duration of the Work and until three years after the date of final payment by the Town to Contractor pursuant to this Contract. Contractor 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 Contractor or its Subcontractors reasonable advance notice of intended audits. Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 49 Contractor shall require its Subcontractors to comply with the provisions of this subsection by insertion of the requirements hereof in any subcontract pursuant to this Contract. 6.17. E-verify Requirements To the extent applicable under Ariz. Rev. Stat. § 41-4401, the Contractor 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). Contractor’s or its Subcontractors’ failure to comply with such warranty shall be deemed a material breach of this Contract and may result in the termination of this Contract by the Town. 6.18. Israel Contractor 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. 6.19. Right to Inspect Plant The Town may, at reasonable times, inspect the part of the plant or place of business of the Contractor or Subcontractor that is related to the performance of this Contract. 6.20. Warranties Contractor warrants to the Town that all Materials and equipment furnished shall be new unless otherwise specified and agreed by the Town and that all Work shall be of first class quality, free from faults and defects and in conformance with the Contract. If at any time within one year following the date of Final Completion and acceptance of the entire Project (or such longer period as may be provided under warranties for equipment or Materials): (A) any part of the Materials furnished in connection with the Work shall be or become defective due to defects in either labor or Materials, or both, or (B) Contractor’s Work or Materials, or both, are or were not in conformance with original or amended Plans and Specifications, or supplementary shop drawings, then the Contractor shall upon written notice from the Town immediately replace or repair such defective or non-conforming Material or workmanship at no cost to the Town. Contractor further agrees to execute any special guarantees as provided by the Contract or required by law. Contractor shall require similar guarantees from all vendors and from all its Subcontractors. Contractor further agrees, upon written demand of the Town and during the course of construction, to immediately re-execute, repair or replace any Work that fails to conform to the requirements of the Contract, whether caused by faulty Materials or workmanship, or both. In the event Contractor shall fail or refuse to make such change upon the Town’s written demand, the Town shall have the right to have such Work re-executed, repaired or replaced, to withhold from or back charge to Contractor all costs incurred thereby. 6.21. Inspection All Materials and/or Services are subject to final inspection and acceptance by the Town. Materials and/or Services failing to conform to the Specifications of this Contract will be held at Contractor’s risk and may be returned to the Contractor. If so returned, all costs are the responsibility of the Contractor. Upon discovery of non-conforming Materials or Services, the Town may elect to do any or all of the following by written notice to the Contractor: (A) waive the non-conformance; (B) stop the Work Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 50 immediately; or (C) bring material or service into compliance and withhold the cost of same from any payments due to the Contractor. 6.22. No Replacement of Defective Tender Every tender of Materials shall fully comply with all provisions of the Contract. If a tender is made which does not fully conform, this shall constitute a breach of the Contract as a whole. 6.23. Shipment Under Reservation Prohibited Contractor is not authorized to ship Materials under reservation and no tender of a bill of lading will operate as a tender of the Materials. 6.24. Liens All Materials, Service or construction shall be free of all liens and, if the Town requests, a formal release of all liens shall be delivered to the Town. 6.25. Licenses Contractor shall maintain in current status all Federal, State and Local licenses and permits required for the operation of the business conducted by the Contractor as applicable to this Contract. 6.26. Patents and Copyrights All Services, information, computer program elements, reports and other deliverables, which may be patented or copyrighted and created under this Contract are the property of the Town and shall not be used or released by the Contractor or any other person except with the prior written permission of the Town. 6.27. Preparation of Specifications by Persons other than Town Personnel All Specifications shall seek to promote overall economy for the purposes intended and encourage competition and not be unduly restrictive in satisfying the Town’s needs. No person preparing Specifications shall receive any direct or indirect benefit from the utilization of Specifications, other than fees paid for the preparation of Specifications. 6.28. Advertising Contractor shall not advertise or publish information concerning this Contract without prior, written consent of the Town. 6.29. Conflicting Terms In the event of any inconsistency, conflict or ambiguity among the terms of the Contract, the IFB, the Scope of Work, any Town-approved Purchase Order, the Price Sheet, any Town-approved Work Orders, invoices and the Contractor’s response to the IFB, the documents shall govern in the order listed herein. Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 51 7. ALTERNATIVE DISPUTE RESOLUTION 7.1. Scope Notwithstanding anything to the contrary provided elsewhere in the Contract Documents, except for Binding Arbitration Procedure Scope of Award below, the alternative dispute resolution (“ADR”) process provided for herein shall be the exclusive means for resolution of claims or disputes arising under, relating to or touching upon the Contract, the interpretation thereof or the performance or breach by any party thereto, including but not limited to original claims or disputes asserted as cross claims, counterclaims, third party claims or claims for indemnity or subrogation, in any threatened or ongoing litigation or arbitration with third parties, if such disputes involve parties to contracts containing this ADR provision. 7.2. Neutral Evaluator, Arbitrators The Town will select a Neutral Evaluator to serve as set forth in this ADR process, subject to the Contractor’s approval, which approval shall not be unreasonably withheld. In the event that the Town and the Contractor are unable to agree upon a Neutral Evaluator, the neutral evaluation process shall be eliminated and the parties shall proceed with the binding arbitration process set forth in Section "Binding Arbitration Procedure" below. The Town and Contractor shall each select an arbitrator to serve as set forth in this ADR process. Each arbitrator selected shall be a member of the State Bar of the State of Arizona and shall have experience in the field of construction law. None of the arbitrators nor any of the arbitrator’s firms shall have presently, or in the past, represented any party to the arbitration. 7.3. Neutral Evaluation Process If the parties have been unable to resolve the disputes after discussions and partnering, but the parties have agreed to a Neutral Evaluator, the following neutral evaluation process shall be used to resolve any such dispute. A. Notification of Dispute. The Town through its Engineer shall notify the Neutral Evaluator in writing of the existence of a dispute within 10 Days of the Town or the Contractor declaring need to commence the neutral evaluation process. B. Non-Binding Informal Hearing. The Neutral Evaluator shall schedule a non-binding informal hearing of the matter to be held within seven Days from receipt of notification of the existence of a dispute. The Neutral Evaluator may conduct the hearing in such manner as he deems appropriate and shall notify each party of the hearing and of its opportunity to present evidence it believes will resolve the dispute. Each party to the dispute shall be notified by the Neutral Evaluator that it shall submit a written outline of the issues and evidence intended to be introduced at the hearing and the proposed resolution of the dispute to the Neutral Evaluator before the hearing commences. Arbitrators shall not participate in such informal hearing or proceedings process. The Neutral Evaluator is not bound by the rules of evidence when admitting evidence in the hearing and may limit the length of the hearing, the number of witnesses or any evidence introduced to the extent deemed relevant and efficient. Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 52 C. Non-Binding Decision. The Neutral Evaluator shall render a non-binding written decision as soon as possible, but not later than five Days after the hearing. 7.4. Binding Arbitration Procedure The following binding arbitration procedure, except as provided in subsection (G) "Scope of Work" below, shall serve as the exclusive method to resolve a dispute if (A) the parties cannot agree to a Neutral Evaluator as set forth in Section "Neutral Evaluator, Arbitrators" above or (B) any party chooses not to accept the decision of the Neutral Evaluator. The party requesting binding arbitration shall notify the Neutral Evaluator of a request for arbitration in writing within three business days’ of receipt of the Neutral Evaluator’s decision. If the Contractor requests arbitration or if Contractor rejects the Town’s selection of a Neutral Evaluator, it shall post a cash bond with the Neutral Evaluator in an amount agreed upon by the parties or, in the event of no agreement, the Neutral Evaluator shall establish the amount of the cash bond to defray the cost of the arbitration as set forth in subsection (M) "Fees and Costs" and the proceeds from the bond shall be allocated in accordance with subsection (M) "Fees and Costs" by the Arbitration Panel. A. Arbitration Panel. The Arbitration Panel shall consist of three arbitrators: the Town’s appointed arbitrator, the Contractor’s appointed arbitrator and a third arbitrator (or “Neutral Arbitrator”) who shall be selected by the parties’ arbitrators as set forth in subsection (B) "election of Neutral Arbitrator" If more than one consultant or contractor is involved in a dispute, the consultants and/or contractors shall agree on an appointee to serve as arbitrator. The Neutral Evaluator shall not participate in the proceedings. B. Selection of Neutral Arbitrator. The parties’ arbitrators shall choose the Neutral Arbitrator within five business days of receipt of notification of a dispute from the Neutral Evaluator. The Neutral Arbitrator shall have the same qualifications as those of the arbitrators set forth in subsection "Neutral Evaluator, Arbitrators". In the event that the selected arbitrators cannot agree on the Neutral Arbitrator as set forth above, the Neutral Arbitrator shall be the “Default Neutral Arbitrator,” a person or entity jointly selected by the Town and the Contractor. If the Town and the Contractor cannot agree on a Default Neutral Arbitrator, the Town and the Contractor shall each submit two names to an appropriate judge who shall select one person to serve as the Default Neutral Arbitrator. C. Expedited Hearing. The parties have structured this procedure with the goal of providing for the prompt, efficient and final resolution of all disputes falling within the purview of this ADR process. To that end, any party can petition the Neutral Evaluator to set an expedited hearing. If the Neutral Evaluator determines that the circumstances justify it, the Neutral Evaluator shall contact the selected Arbitration Panel and arrange for scheduling of the arbitration at the earliest possible date. In any event, the hearing of any dispute not expedited will commence as soon as practical but in no event later than 20 Days after notification of request for arbitration having been submitted. This deadline can be extended only with the consent of all the parties to the dispute, or by decision of the Arbitration Panel upon a showing of emergency circumstances. Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 53 D. Procedure. The Arbitration Panel will select a Chairman and will conduct the hearing in such a manner that will resolve disputes in a prompt, cost efficient manner giving regard to the rights of all parties. Each party shall supply to the Arbitration Panel a written pre-hearing statement which shall contain a brief statement of the nature of the claim or defense, a list of witnesses and exhibits, a brief description of the subject matter of the testimony of each witness who will be called to testify, and an estimate as to the length of time that will be required for the arbitration hearing. The Arbitration Panel shall review and consider the Neutral Evaluator decision, if any. The Chairman shall determine the nature and scope of discovery, if any, and the manner of presentation of relevant evidence consistent with deadlines provided herein and the parties’ objective that disputes be resolved in a prompt and efficient manner. No discovery may be had of any materials or information for which a privilege is recognized by Arizona law. The Chairman upon proper application shall issue such orders as may be necessary and permissible under law to protect confidential, proprietary or sensitive materials or information from public disclosure or other misuse. Any party may make application to the Maricopa County Superior Court to have a protective order entered as may be appropriate to confirm such orders of the Chairman. E. Hearing Days. In order to effectuate parties’ goals, the hearing once commenced, will proceed from business day to business day until concluded, absent a showing of emergency circumstances. F. Award. The Arbitration Panel shall, within 10 Days from the conclusion of any hearing, by majority vote issue its award. The award shall include an allocation of fees and costs pursuant to subsection (M) "Fees and Costs" herein. The award is to be rendered in accordance with this Contract and the laws of the State of Arizona. G. Scope of Award. The Arbitration Panel shall be without authority to award punitive damages, and any such punitive damage award shall be void. The Arbitration Panel shall be without any authority to issue an award against any individual party in excess of twenty percent (20%) of the original Contract amount, but in no event shall any award exceed $2,000,000, exclusive of interest, arbitration fees, costs and attorneys’ fees. If an award is made against any individual party in excess of $100,000, exclusive of interest, arbitration fees, costs and attorneys’ fees, it must be supported by written findings of fact, conclusions of law and a statement as to how damages were calculated. Any claim in excess of twenty percent (20%) of the original Contract amount or in excess $2,000,000 shall be subject to the jurisdiction of the Superior Court of Arizona, Maricopa County. Any party can contest the validity of the amount claimed if an action is filed in the Superior Court. H. Jurisdiction. The Arbitration Panel shall not be bound for jurisdictional purposes by the amount asserted in any party’s claim, but shall conduct a preliminary hearing into the question of jurisdiction upon application of any party at the earliest convenient time, but not later than the commencement of the arbitration hearing. Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 54 I. Entry of Judgment. Any party can make application to the Maricopa County Superior Court for confirmation of an award, and for entry of judgment on it. J. Severance and Joinder. To reduce the possibility of inconsistent adjudications: (1) the Neutral Evaluator or the Arbitration Panel may, at the request of any party, join and/or sever parties, and/or claims arising under other contracts containing this ADR provision, and (2) the Neutral Evaluator, on his own authority, or the Arbitration Panel may, on its own authority, join or sever parties and/or claims subject to this ADR process as they deem necessary for a just resolution of the dispute, consistent with the parties’ goal of the prompt and efficient resolution of disputes, provided, however, that the Contractor, Architect/Engineer and Project professionals shall not be joined as a party to any claim made by a Contractor. Nothing herein shall create the right by any party to assert claims against another party not germane to the Contract or not recognized under the substantive law applicable to the dispute. Neither the Neutral Evaluator nor the Arbitration Panel are authorized to join to the proceeding parties not in privity with the Town. Contractor cannot be joined to any pending arbitration proceeding, without Contractor’s express written consent, unless Contractor is given the opportunity to participate in the selection of the non-Town appointed arbitrator. K. Appeal. Any party may appeal (1) errors of law by the Arbitration Panel if, but only if, the errors arise in an award in excess of $100,000, (2) the exercise by the Chairman or Arbitration Panel of any powers contrary to or inconsistent with the Contract or (3) on the basis of any of the grounds provided in Ariz. Rev. Stat. § 12-1512, as amended. Appeals shall be to the Maricopa County Superior Court within 15 Days of entry of the award. The standard of review in such cases shall be that applicable to the consideration of a motion for judgment notwithstanding the verdict, and the Maricopa County Superior Court shall have the authority to confirm, vacate, modify or remand an award appealed under this Section, but not to conduct a trial, entertain the introduction of new evidence or conduct a hearing de novo. L. Uniform Arbitration Act. Except as otherwise provided herein, binding arbitration pursued under this provision shall be governed by the Uniform Arbitration Act as codified in Arizona in Ariz. Rev. Stat. § 12-1501, et seq. M. Fees and Costs. Each party shall bear its own fees and costs in connection with any informal hearing before the Neutral Evaluator. All fees and costs associated with any arbitration before the Arbitration Panel, including without limitation the Arbitration Panelists’ fee, and the prevailing party’s reasonable attorneys’ fees, expert witness fees and costs, will be paid by the non-prevailing party, except as provided for herein. In no event shall any Arbitrator’s hourly fees be awarded in an amount in excess of $200 per hour and (1) costs shall not include any travel expenses in excess of mileage at the rate paid by the Town, not to exceed a one way trip of 150 miles, and (2) all travel expenses, including meals, shall be reimbursed pursuant to the travel policy of the Town in effect at the time of the hearing. The determination of prevailing and non- prevailing parties, and the appropriate allocation of fees and costs, will be included in the award Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 55 by the Arbitration Panel. Fees for the Neutral Evaluator shall be divided evenly between the Town and the Contractor. N. Confidentiality. Any proceeding initiated under ADR shall be deemed confidential to the maximum extent allowed by Arizona law and no party shall, except for disclosures to a party’s attorneys or accountants, make any disclosure related to the disputed matter or to the outcome of any proceeding except to the extent required by law, or to seek interim equitable relief, or to enforce an agreement reached by the parties or an award made hereunder. O. Equitable Litigation. Notwithstanding any other provision of ADR to the contrary, any party can petition the Maricopa County Superior Court for interim equitable relief as necessary to preserve the status quo and prevent immediate and irreparable harm to a party or to the Program pending resolution of a dispute pursuant to ADR provided herein. No court may order any permanent injunctive relief except as may be necessary to enforce an order entered by the Arbitration Panel. The fees and costs incurred in connection with any such equitable proceeding shall be determined and assessed in ADR. P. Change Order. Any award in favor of the Contractor against the Town or in favor of the Town against the Contractor shall be reduced to a Change Order and executed by the parties in accordance with the award and the provisions of this Contract. Q. Merger and Bar. Any claim asserted pursuant to this ADR process shall be deemed to include all claims, demands, and requests for compensation for costs and losses or other relief, including the extension of the Contract performance period which reasonably should or could have been brought against any party that was or could have been brought into this ADR process, with respect to the subject claim. The Arbitration Panel shall apply legal principles commonly known as merger and bar to deny any claim or claims against any party regarding which claim or claims recovery has been sought or should have been sought in a previously adjudicated claim for an alleged cost, loss, breach, error, or omission. R. Inclusion in Other Contracts. The Contractor shall cooperate with the Town in efforts to include this ADR provision in all other Project contracts. Subject to Contractor’s reasonable agreement, the Contractor agrees that any modification to this ADR provision that is included in the construction or other contracts shall also apply to the Contractor. It is the intent of the parties that any changes to this ADR provision in later contracts will be evolutionary and designed to incorporate the terms of this ADR provision without material changes to the substance or procedure of this ADR provision. Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 56 8. SCOPE OF WORK 8.1. Project Description The project includes clearing and grubbing the site, the removal of approximately 18 trees, the removal and salvage of various pump control systems and access walks, and the removal and salvage of a force main flow meter and check valve. The project includes the installation of approximately 460 LF of 66-inch rubber gasketed reinforced concrete pipe (including both standard and radius pipe), 500 LF of 6-inch perforated HDPE pipe (with pea gravel and non-woven geotextile fabric), four (4) concrete storm drain manholes, two (2) concrete headwalls (with access barriers and safety rails), and 250 SY of rip rap (various sizes). The project includes the installation of a new pump casing and rock surround, a pump control system and appurtenances, a pump well with submersible pump and appurtenances, a force main flow meter and check valve (salvaged and replaced), and a steel access platform (salvaged and replaced). Panorama Drive is expected to be open to traffic during construction unless approved otherwise by the Town Engineer. Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 57 9. VENDOR QUESTIONNAIRE The Proposal shall be submitted with a cover letter with an original ink signature (or a compliant digital signature) by a person authorized to bind the Vendor. Proposals submitted without a cover letter with a compliant signature by a person authorized to bind the Vendor shall be considered non-responsive. The entire Proposal shall be a maximum of fifteen pages to address the Proposal criteria (excluding resumes and the Vendor Information Form, but including the materials necessary to address project understanding, general information, organizational chart, photos, tables, graphs, and diagrams). Each page side (maximum 8 1/2” x 11”) with criteria information shall be counted. However, one page may be substituted with an 11” x 17” sheet of paper, folded to 8 1/2” x 11”, showing a proposed project schedule or organizational chart and only having information on one side. Cover, back, table of contents and tabs may be used and shall not be included in the page count, unless they include additional project-specific information or Proposal criteria responses. The minimum allowable font for the Proposal is 11 pt, Arial or Times New Roman. Failure to adhere to the page limit, size and font criteria shall result in the Proposal being considered non-responsive. Telegraphic (facsimile), electronic (e-mail) or mailgram Proposals will not be considered. 9.1. Licenses 9.1.1. Contractor's License* Please upload your current AZ Contractor's License here *Response required 9.1.2. Arizona Transaction Privilege Tax License* Please upload your Arizona Transaction Privilege Tax License here *Response required 9.2. DBE/WBE STATUS 9.2.1. DBE/WBE Status* Has your firm been certified by any jurisdiction in Arizona as a minority or woman owned business enterprise? ☐ Yes ☐ No *Response required 9.2.2. DBE/WBE Status - Yes If you answered yes please provide details and documentation of the certification here Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 58 9.3. References Provide the following information for three clients for whom Bidder has successfully completed similar projects as stated in Bid Process and Award subsection Bidder Qualifications within the past 60 months. Failure to provide three accurate and suitable references will result in disqualification. Bidder may also attach another sheet with additional references. 9.3.1. Reference # 1* Please provide the following information for your 1st reference: • Company • Address • City/State/Zip Code • Contact • Telephone Number • Date of Contract Initiation • Date of Contract Expiration • Final Project Cost • Project Description *Response required 9.3.2. Reference # 2* Please provide the following information for your 1st reference: • Company • Address • City/State/Zip Code • Contact • Telephone Number • Date of Contract Initiation • Date of Contract Expiration • Final Project Cost • Project Description *Response required Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 59 9.3.3. Reference # 3* Please provide the following information for your 1st reference: • Company • Address • City/State/Zip Code • Contact • Telephone Number • Date of Contract Initiation • Date of Contract Expiration • Final Project Cost • Project Description *Response required 9.4. Certification By confirming questions under this section, the Vendor certifies: 9.4.1. No Collusion* The submission of the Proposal did not involve collusion or other anti-competitive practices. ☐ Please confirm *Response required 9.4.2. No Discrimination* It shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246. ☐ Please confirm *Response required 9.4.3. No Gratuity* It has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip favor or service to a Town employee, officer or agent in connection with the submitted Proposal. It (including the Vendor’s employees, representatives, agents, lobbyists, attorneys, and subcontractors) has refrained, under penalty of disqualification, from direct or indirect contact for the purpose of influencing the selection or creating bias in the selection process with any person who may play a part in the selection process, including the Selection Committee, elected officials, the Town Manager, Assistant Town Managers, Department Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 60 Heads, and other Town staff. All contact must be addressed to the Town’s Procurement Agent, except for questions submitted as set forth in Inquiries. Any attempt to influence the selection process by any means shall void the submitted Proposal and any resulting Agreement. ☐ Please confirm *Response required 9.4.4. Financial Stability* It is financially stable, solvent and has adequate cash reserves to meet all financial obligations including any potential costs resulting from an award of the Agreement. ☐ Please confirm *Response required 9.4.5. No Signature/False or Misleading Statement* The signature on the cover letter of the Proposal and the Vendor Information Form is genuine and the person signing has the authority to bind the Vendor. Failure to sign the Proposal and the Vendor Information Form, or signing either with a false or misleading statement, shall void the submitted Proposal and any resulting Agreement. ☐ Please confirm *Response required 9.4.6. Professional Services Agreement* In addition to reviewing and understanding the submittal requirements, it has reviewed the attached sample Professional Services Agreement including the Scope of Work and other Exhibits. ☐ Please confirm *Response required 9.5. List of Key Personnel, Subcontractor and/or Suppliers working on the project A list of the names and emergency telephone numbers of all proposed Key Personnel, Subcontractors and suppliers that the Contractor intends to utilize on the Project 9.5.1. List of Subcontractors* The contractor must list below the Trade, Company name, License and Classification numbers of all qualified subcontractors and/or suppliers they will employ for the various portions of work indicated. Failure on the part of the Contractor to complete this list properly may constitute sufficient grounds to reject the bid. If no subcontractors will be listed please indicate with a N/A Example: Trade, Company Name, ROC License #, ROC License Classification *Response required Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 61 9.5.2. List of Key Personnal* A list of the names and emergency telephone numbers of all proposed Key Personnel Example: Name, Position Held, Emergency Telephone Number *Response required 9.5.3. List of Suppliers* A list of the names and emergency telephone numbers of all proposed suppliers Example: Name, Company, Emergency Telephone Number If none please indicate with a N/A *Response required 9.5.4. Uploaded documents (misc.) Please upload any documents here (no pricing here, please use the bid matrix) Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 62 10. PRICING PROPOSAL UNIT PRICING Line Item Description Quantity Unit of Measure Unit Cost Total 105.80000 CONSTRUCTION SURVEYING 1 LS 109.09000 MOBILIZATION/DEMOBILIZATION 1 LS 112.01000 CONTRACTOR QUALITY CONTROL 1 LS 401.01000 TRAFFIC CONTROL 1 LS 201.30000 CLEARING AND GRUBBING 1 LS 201.31000 REMOVE AND DISPOSE EXISTING TREE 18 EA 350.01500 REMOVE END SECTION 1 EA 350.50001 MISCELLANEOUS REMOVALS (PUMP CASING)) 1 LS 350.50002 MISCELLANEOUS REMOVALS (PUMP CONTROL SYSTEM, CONDUIT, WIRING) 1 LS 350.50003 MISCELLANEOUS REMOVALS AND SALVAGE (METAL WALK AND SUPPORTS) 1 LS 350.50004 MISCELLANEOUS REMOVALS (RIPRAP) 481 SF 220.10208 RIPRAP, D50=8IN 161 SY 220.10212 RIPRAP, D50=12IN 87 SY 520.01035 SAFETY RAIL, HEIGHT 3 FT – 6 IN, MAG DET 145 2 EA 523.12112 HEADWALL, MAG DET 501-3, U TYPE, 12 IN PIPE 1 EA 523.12166 HEADWALL, MAG DET 501-3, U TYPE, 66 IN PIPE 1 EA Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 63 Line Item Description Quantity Unit of Measure Unit Cost Total 523.30166 ACCESS BARRIER, 66 IN PHX DET P1563 1 EA 604.01010 CONTROLLED LOW STRENGTH MATERIAL, 1 SACK 1 LS 625.00110 PUMP CASING AND ROCK SURROUND 1 EA 625.00120 PUMP CONTROL SYSTEM AND APPURTENANCES 1 EA 625.00130 PUMP WELL, SUBMERSIBLE PUMP AND APPURTENANCES 1 EA 625.00140 FORCE MAIN WATER METER AND CHECK VALVE 1 EA 625.00150 STEEL PLATFORM REMOVAL, SALVAGE AND REPLACEMENT 1 EA 625.00160 ELECTRICAL SERVICE SECTION 1 EA 618.20366 66 IN RGRCP, CLASS III 270 LF 618.20366 66 IN RGRCP, CLASS III, RADIUS PIPE 190 LF 618.20406 6 IN HDPE, PERFORATED, INCLUDE PEA GRAVEL AND NON-WOVEN GEOTEXTILE FABRIC 495 LF 618 6 IN HDPE STORM DRAIN PIPE 14 LF 618 6 IN 45-DEGREE BEND 1 EA 625.01200 STORM DRAIN MANHOLE, MAG DET 521 & 522 4 EA TOTAL ALLOWANCES Invitation for Bids #IFB-2022-025 Title: Panorama Drive Storm Drain Pipe Replacement Phase II 64 Line Item Description Quantity Unit of Measure Unit Cost Total 107.02115 STORMWATER CONTROL MEASURES 1 Dollars $5,000.00 213.01100 DEWATERING 1 Dollars $25,000.00 * OWNER CONTINGENCY 1 Dollars $50,000.00 TOTAL 08/23/2022 11:39 |TOWN OF FOUNTAIN HILLS |P 1 DPock |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 2023 03 2 09/06/2022 D6058 BUA D6058 IFB 1 1 1 CIPSTO 8085 D6058 STORMWATER CAP PROJ STORMWATER/DRAINAGE IMPROVEMEN 1,025,000.00 63,543.21 1,088,543.21 600-40-30-304-000-1960-8085-D6058 FM CIP CONTINGENCY 09/06/2022 2 CIPSTO 8085 D6058 STORMWATER CAP PROJ STORMWATER/DRAINAGE IMPROVEMEN 1,025,000.00 16,800.00 1,041,800.00 600-40-30-304-000-1960-8085-D6058 FM CIP CONTINGENCY 09/06/2022 3 CIPAD 7010 CAPITAL PROJECTS ADMIN CONTINGENCY 457,840.00 -80,343.21 377,496.79 600-10-10-105-000-0106-7010- TO D6058 09/06/2022 ** JOURNAL TOTAL 0.00 ITEM 8. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/06/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Public Works Prepared by: Justin Weldy, Public Works Director Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approving Professional Services Agreement 2023-030, between the Town of Fountain Hills and Vincon Engineering Construction, LLC. Staff Summary (Background) Historically, Town staff has faced challenges when trying to secure long term commodities contracts. By utilizing State, County and City Government Cooperative Purchasing Agreement Contracts, the Town has been able to simplify the process and take advantage of competitive pricing from other municipalities completing the bidding process.   This cooperative purchasing agreement is an excellent example of this process. Recently, the City of Chandler solicited bids for concrete repairs & Maintenance Services (IFB NO. CS1-745-4293). The Chandler City Council selected and awarded the Contract to Vincon Engineering Construction, LLC.    The Town has several projects over the next four years that will utilize this proposed contract including, Capital Improvement Program, Streets Fund, Community Services/parks and the Facilities Replacement Fund. The proposed contract, in the amount of $800,000 annually, will cover the remainder of this fiscal year and addresses projects in outlying years. Below is a list Projects for the FY 2022-2023 budget. Capital Projects $300,000: Sidewalk Infill. This project will provide for new construction of sidewalks identified by the Pedestrian & Traffic Safety Committee, the Active Transportation Plan, and long-range sidewalk plan.  $75,000: Desert Vista Park. Desert Vista Park has been in need of improvement for several years.  The improvements began with turf renovations and accessibility upgrades, including a crosswalk and walking path in 2021.  $100,000: Sidewalk Replacement for Parks. This CIP project is designed to replace sidewalks in the parks that are creating potential safety issues due to root lifting or slip and fall issues on park sidewalks.   $75,000 to $100,000: Golden Eagle Park Shade Structures.  New shade structures were installed after the flooding of 2018 and this CIP project would complete the shading needed in the remaining ballfield areas.   $275,000: Community Center Renovations Phase II. This phase of the Community Center Renovation will address issues discovered during Phase I of the project. During the initial phase of renovations, a drainage issue was discovered at the exterior walls and doors of the building. This phase of the project will address these drainage issues, and the exterior wall bases will be modified to change the direction of water flow, to drain away from the building.  Streets Fund $200,000: The Street Department is responsible for ongoing maintenance and repairs to curbing, damaged sidewalk that have potential safety issues due to root lifting or slip and fall issues, curb opening ramps, drainage channel curb openings and catch basins within the Right-Of-Way. Related Ordinance, Policy or Guiding Principle Town adopted Procurement Policy.  Risk Analysis Failure to secure a long term contract for concrete repair or replacement could delay projects and result in higher pricing. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of Cooperative Purchasing Agreement C2023-030 with Vincon Engineering Construction, LLC. SUGGESTED MOTION MOVE to approve Cooperative Purchasing Agreement C2022-030 with Vincon Engineering Construction, LLC. in an amount not to exceed $800,000.00 during the Initial Term of the agreement; with an aggregate not-to-exceed amount, inclusive of all Renewal Terms, of $4,000,000.00. Fiscal Impact Fiscal Impact:$800,000  Budget Reference:Multiple Funding Source:Capital Projects, Streets Fund  If Multiple Funds utilized, list here:N/A Budgeted: if No, attach Budget Adjustment Form:N/A Attachments Professional Services Agreement  Underlying Agreement  Underlying Agreement  Form Review Inbox Reviewed By Date Public Works Director (Originator)Justin Weldy 08/08/2022 04:33 PM Finance Director David Pock 08/08/2022 05:53 PM Town Attorney Aaron D. Arnson 08/09/2022 10:29 AM Town Manager Grady E. Miller 08/18/2022 11:26 AM Form Started By: Justin Weldy Started On: 08/01/2022 03:30 PM Final Approval Date: 08/18/2022  1 Contract No. 2023-030 COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND VINCON ENGINEERING CONSTRUCTION, LLC THIS COOPERATIVE PURCHASING AGREEMENT (this “Agreement”) is entered into as of August 22, 2022, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”), and Vincon Engineering Construction, LLC, a(n) Arizona limited liability company (the “Contractor”). RECITALS A. After a competitive procurement process, the City of Chandler (“City”) entered into Contract No. CS1-745-4293, dated April 15, 2022 as amended (collectively, the “City Contract”) for the Contractor to provide Concrete Repair & Maintenance Services. A copy of the City Contract is incorporated herein by reference, to the extent not inconsistent with this Agreement. B. The Town is permitted, pursuant to Section 3-3-27 of the Town Code, to make purchases under the City Contract, at its discretion and with the agreement of the awarded Contractor, and the City Contract permits its cooperative use by other public entities, including the Town. C. The Town and the Contractor desire to enter into this Agreement for the purpose of (i) acknowledging their cooperative contractual relationship under the City Contract and this Agreement, (ii) establishing the terms and conditions by which the Contractor may provide the Town with Concrete Repair & Maintenance Services (the “Materials and Services”), and (iii) setting the maximum aggregate amount to be expended pursuant to this Agreement related to the Materials and Services. 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 Contractor 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 30, 2023 (the “Initial Term”), unless terminated as otherwise provided in this Agreement or the City Contract. After the expiration of the Initial Term, this Agreement may be renewed for up to four 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 in each subsequent year, (ii) the term of the City Contract has not expired or has been extended, (iii) at least 30 days prior to the end of the then-current term of this Agreement, the Contractor requests, in writing, to extend this Agreement for an additional 2 one-year term and (iv) the Town approves the additional one-year term in writing (including any price adjustments approved as part of the City Contract), as evidenced by the Town Manager’s signature thereon, which approval may be withheld by the Town for any reason. The Contractor’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 Contractor, elect to waive this requirement and renew this Agreement. The Initial Term and any Renewal Term(s) 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. Scope of Work. This is an indefinite quantity and indefinite delivery Agreement for Materials and Services under the terms and conditions of the City Contract. The Town does not guarantee that any minimum or maximum number of purchases will be made pursuant to this Agreement. Purchases will only be made when the Town identifies a need and proper authorization and documentation have been approved. For purchase(s) determined by the Town to be appropriate for this Agreement, the Contractor shall provide the Materials and Services to the Town in such quantities and configurations agreed upon between the parties, in a written invoice, quote, work order or other form of written agreement describing the work to be completed (each, a “Work Order”). Each Work Order approved and accepted by the parties pursuant to this Agreement shall (i) contain a reference to this Agreement and the City Contract and (ii) be attached hereto as Exhibit B and incorporated herein by reference. Work Orders submitted without referencing this Agreement and the City Contract will be subject to rejection. 2.1 Inspection; Acceptance. All Materials and Services are subject to final inspection and acceptance by the Town. Materials failing to conform to the requirements of this Agreement and/or the City Contract will be held at Contractor’s risk and may be returned to the Contractor. If so returned, all costs are the responsibility of the Contractor. Upon discovery of a non-conforming Materials or Services, the Town may elect to do any or all of the following by written notice to the Contractor: (i) waive the non-conformance; (ii) stop the work immediately; or (iii) bring the Materials or Services into compliance and withhold the cost of same from any payments due to the Contractor. 2.2 Cancellation. The Town reserves the right to cancel Work Orders within a reasonable period of time after issuance. Should a Work Order be canceled, the Town agrees to reimburse the Contractor, but only for actual and documentable costs incurred by the Contractor due to and after issuance of the Work Order. The Town will not reimburse the Contractor for any costs incurred after receipt of Town notice of cancellation, or for lost profits, shipment of product prior to issuance of Work Order or for anything not expressly permitted pursuant to this Agreement. 3. Compensation. The Town shall pay Contractor an amount not to exceed $800,000 per term for the Materials and Services. The aggregate amount of the Agreement, including all renewal terms, shall not exceed $4,000,000. All remaining terms and conditions of the Agreement shall remain in full force and effect. 4. Payments. The Town shall pay the Contractor monthly (and the Contractor shall invoice monthly), based upon acceptance and delivery of Materials and/or Services performed and completed to date, and upon submission and approval of invoices. Each invoice shall (i) contain a 3 reference to this Agreement and the City Contract and (ii) document and itemize all work completed to date. The invoice statement shall include a record of materials delivered, time expended, and work performed in sufficient detail to justify payment. Additionally, invoices submitted without referencing this Agreement and the City Contract will be subject to rejection and may be returned. 5. Records and Audit Rights. To ensure that the Contractor and its subcontractors are complying with the warranty under Section 6 below, Contractor’s and its subcontractors’ books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any Contractor 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 evaluation of the Contractor’s and its subcontractors’ compliance with the Arizona employer sanctions laws referenced in Section 6 below. To the extent necessary for the Town to audit Records as set forth in this Section, Contractor and its subcontractors hereby waive any rights to keep such Records confidential. 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 Contractor pursuant to this Agreement. Contractor 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 Section. The Town shall give Contractor or its subcontractors reasonable advance notice of intended audits. Contractor shall require its subcontractors to comply with the provisions of this Section by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 6. E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41- 4401, the Contractor 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). Contractor’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. 7. Israel. Contractor 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. 8. Conflict of Interest. This Agreement may be canceled by the Town pursuant to ARIZ. REV. STAT. § 38-511. 9. Applicable Law; Venue. This Agreement shall be governed by the laws of the State of Arizona and a suit pertaining to this Agreement may be brought only in courts in Maricopa County, Arizona. 10. Agreement Subject to Appropriation. The Town is obligated only to pay its obligations set forth in this Agreement as may lawfully be made from funds appropriated and budgeted for that purpose during the Town’s then current fiscal year. The Town’s obligations under this Agreement are current expenses subject to the “budget law” and the unfettered 4 legislative discretion of the Town concerning budgeted purposes and appropriation of funds. Should the Town elect not to appropriate and budget funds to pay its Agreement obligations, this Agreement shall be deemed terminated at the end of the then-current fiscal year term for which such funds were appropriated and budgeted for such purpose and the Town shall be relieved of any subsequent obligation under this Agreement. The parties agree that the Town has no obligation or duty of good faith to budget or appropriate the payment of the Town’s obligations set forth in this Agreement in any budget in any fiscal year other than the fiscal year in which this Agreement is executed and delivered. The Town shall be the sole judge and authority in determining the availability of funds for its obligations under this Agreement. The Town shall keep Contractor informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is not a general obligation or indebtedness of the Town. Contractor hereby waives any and all rights to bring any claim against the Town from or relating in any way to the Town’s termination of this Agreement pursuant to this section. 11. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, any Town-approved work orders, the City Contract, and invoices, the documents shall govern in the order listed herein. Notwithstanding the foregoing, and in conformity with Section 2 above, unauthorized exceptions, conditions, limitations or provisions in conflict with the terms of this Agreement or the City Contract (collectively, the “Unauthorized Conditions”), other than the Town’s project-specific requirements, are expressly declared void and shall be of no force and effect. Acceptance by the Town of any work order or invoice containing any such Unauthorized Conditions or failure to demand full compliance with the terms and conditions set forth in this Agreement or under the City Contract shall not alter such terms and conditions or relieve Contractor from, nor be construed or deemed a waiver of, its requirements and obligations in the performance of this Agreement. 12. Rights and Privileges. To the extent provided under the City Contract, the Town shall be afforded all of the rights and privileges afforded to City and shall be “City” (as defined in the City Contract) for the purposes of the portions of the City Contract that are incorporated herein by reference. 13. Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 12 above, the Town shall be afforded all of the insurance coverage and indemnifications afforded to City to the extent provided under the City Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the Town under this Agreement including, but not limited to, the Contractor’s obligation to provide the indemnification and insurance. In any event, the Contractor 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 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) relate to, 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 Contractor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement. 14. Laws and Regulations. Consultant shall keep fully informed and shall at all times 5 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. 15. 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 (i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (iii) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Grady E. Miller, Town Manager With copy to: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Aaron D. Arnson, Town Attorney If to Contractor: Vincon Engineering Construction, LLC 1831 North Rochester Mesa, Arizona 85205 Attn: Jeff Kerr 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: (i) when delivered to the party, (ii) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (iii) 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. [SIGNATURES APPEAR ON FOLLOWING PAGES] EXHIBIT A TO COOPERATIVE SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND VINCON ENGINEERING CONSTRUCTION, LLC [City Contract] See following pages. ITEM 8. D. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/06/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Public Works Prepared by: Justin Weldy, Public Works Director Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approving the First Amendment to Professional Services Agreement 2022-070 between the Town of Fountain Hills and Visus Engineering Construction, Inc. Staff Summary (Background) The town's stormwater system consists of 69 miles of washes (378 acres), 407 catch basins, and over 73,000 linear feet of storm drains and culverts. Annual maintenance and inspections include checking for proper drainage and overall condition of the system.  During and after storm events, staff members coordinate with on-call storm service contractors to remove sediment from low-flow crossings and streets. Since the town has limited staff and lacks the necessary equipment capable of cleaning up storm damage in a timely manner, it is necessary to contract with a company that can provide these types of services. The Public Works Department is recommending approval of amendment #1, to contract 2022-070 with Visus Engineering Construction, Inc., increasing the amount of the existing contract by $100,000, to provide support and help to ensure the safety of residents and road users during and after storm events. Related Ordinance, Policy or Guiding Principle Public Works Mission Statement.  Risk Analysis Failure to secure a contract could result in delayed response times for debris and sediment removal.  Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of amendment #1 to contract 2022-070.  SUGGESTED MOTION MOVE to approve amendment #1 to Professional Services Agreement 2020-070 with Visus Engineering Construction, Inc. in the amount of $100,000.  Fiscal Impact Fiscal Impact:$100,000 Budget Reference:N/A Funding Source:ENVAD If Multiple Funds utilized, list here:N/A Budgeted: if No, attach Budget Adjustment Form:N/A Attachments 2022-070.1 Amendment #1  Fee Schedule  Form Review Inbox Reviewed By Date Public Works Director (Originator)Justin Weldy 08/19/2022 11:18 AM Finance Director David Pock 08/22/2022 08:51 AM Town Attorney Aaron D. Arnson 08/22/2022 08:55 AM Town Manager Grady E. Miller 08/25/2022 05:57 PM Form Started By: Justin Weldy Started On: 08/16/2022 08:36 AM Final Approval Date: 08/25/2022  1 Contract No. 2022-070.1 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND VISUS ENGINEERING CONSTRUCTION, INC. THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this “First Amendment”) is entered into upon execution, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and Visus Engineering Construction, Inc., a(n) Arizona corporation (the “Consultant”). RECITALS A. The Town and the Consultant entered into a Professional Services Agreement (the “Agreement”), dated February 22, 2022, for the Consultant to provide On Call Storm Clean Up services (the “Services”). All capitalized terms not otherwise defined in this First Amendment have the same meanings as contained in the Agreement. B. The Town has determined that it is necessary add funds to the Agreement for more Services. C. The Town and the Consultant desire to enter this First Amendment to provide for compensation to the Consultant for the Services. 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. Compensation. The Town shall pay Consultant an aggregate amount not to exceed $150,000 for the Services, resulting in an increase of $100,000. 2. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the Agreement shall remain in full force and effect. 3. Non-Default. By executing this First Amendment, the Consultant affirmatively asserts that (i) the Town is not currently in default, nor has it been in default at any time prior to this First Amendment, under any of the terms or conditions of the Agreement and (ii) any and all 2 claims, known and unknown, relating to the Agreement and existing on or before the date of this First Amendment are forever waived. 4. 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. 5. Conflict of Interest. This First Amendment and the Agreement may be cancelled by the Town pursuant to Ariz. Rev. Stat. § 38-511. [SIGNATURES ON FOLLOWING PAGES] Contractor Name:Visus Engineering Construction Inc. ADOT Tracs:0000 PVY T008101C Project Number:PVY-0-(204)T Date:9/7/2019 Category Make Model Cab Type Number Fuel Type Capacity Year Graders Caterpillar 140H VHP EROPS VE-1 Diesel 2002 Scrapers Caterpillar 613C EROPS VE-2 Diesel 13CY 2004 Wheel Tractor John Deere 410G EROPS VE-3 Diesel 1.25CY 2007 Wheel Tractor John Deere 210LJ EROPS VE-4 Diesel 1.25CY 2008 Wheel Tractor John Deere 210LJ OROPS VE-5 Diesel 1.25CY 2008 Skid Steer Loader John Deere 324E EROPS VE-6 Diesel 2016 Skid Steer Loader John Deere 326E EROPS VE-7 Diesel 2013 Excavators Caterpillar 307C EROPS VE-8 Diesel 2006 Compactors Dynapac CP142 OROPS VE-9 Diesel 2007 Compactors Sakai SW320 OROPS VE-10 Diesel 2014 Compactors Ingersol Rand DD24 OROPS VE-11 Diesel 2008 Air Compressors Ingersol Rand 185 N/A VE-12 Diesel 2008 Wheel Tractor John Deere 710K OROPS VE-13 Diesel 1.5CY 2015 Wheel Tractor John Deere 310SL HL OROPS VE-14 Diesel 1.3CY 2017 On Highway Trk-Light Duty Dodge 4WD 3500 DRW 08-14 Diesel 2014 On Highway Trk-Light Duty GMC 4WD 3500 DRW 09-15 Diesel 2015 On Highway Trk-Light Duty GMC 4WD 3500 DRW 10-15 Diesel 2015 On Highway Trk-Light Duty GMC 4WD 3500 DRW 11-15 Diesel 2018 On Highway Trk-Heavy Duty Kenworth T300 02-03 Diesel 2003 On Highway Trk-Heavy Duty Freightliner F70 03-99 Diesel 1999 On Highway Trk-Heavy Duty Peterbilt 378 02-06 Diesel 2006 On Highway Trk-Heavy Duty Peterbilt 389 05-15 Diesel 2015 On Highway Trk-Heavy Duty Peterbilt 389 06-15 Diesel 2015 On Highway Trk-Heavy Duty Peterbilt 389 07-16 Diesel 2016 On Highway Trk-Heavy Duty Peterbilt 389 08-18 Diesel 2018 ITEM 8. E. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/06/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Public Works Prepared by: Justin Weldy, Public Works Director Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approving the Third Amendment to Cooperative Purchasing Agreement 2020-065.3 with M. R. Tanner Development and Construction, Inc. for Pavement Preservation Treatments. Staff Summary (Background) The Public Works Department is continuously working to improve and maintain the town’s roadway network. The current roadway network consists of approximately 162 lane miles, totaling 390 centerline miles of roadways, encompassing over 3.6M square yards of asphalt. It is estimated that the average complete replacement cost for a major roadway is between $3.2-$3.5 million per mile. Given the high costs of reconstruction, it is imperative to maintain and extend the life of the existing pavement surface to the maximum extent possible. Crack filling and seal coating will save real dollars by applying the correct treatment at the right time. A typical asphalt roadway has a life span of approximately 20 to 25 years. A proactive pavement maintenance program can extend the lifecycle of asphalt to 40 years, saving taxpayers' money while providing safe and efficient roadways. Typical pavement management programs include crack sealing and surface sealing in the five to seven year window after mill & overlay is performed. Crack filling is the first treatment after mill & overlay because asphalt pavement expands and contracts with seasonal temperature changes. Consequently, cracks and joints expand and contract when the pavement moves. Sealing cracks greater than 1/4 inch in width with a flexible rubberized asphalt that bonds to the crack walls and moves with the pavement will help to prevent water intrusion.    As part of a proactive pavement management program, crack sealing can reduce pavement deterioration by restricting water penetration into underlying base and subbase layers. This restriction helps to maintain pavement structural capacity and limits future degradation. Sealing cracks prior to surface treatments enhances the treatment and further extends the pavement life. The pavement segments proposed for this year (classified as minor collectors and local streets) are shown on the map attached to this staff report. This amendment in the amount of $2,500,000 will utilize $750,000 for crack filling and surface treatments. The remaining funding will be utilized for additional pavement management projects early in 2023, after approval from the Town Council.  Related Ordinance, Policy or Guiding Principle Pavement Management best practices. Risk Analysis Failure to approve the contract for Pavement Preservation will delay projects and result in higher pricing. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Approval of Amendment #3 to Cooperative Purchasing Agreement 2020-065.3 with M. R. Tanner Development and Construction, Inc. for Pavement Preservation Treatments. SUGGESTED MOTION MOVE to approve Amendment #3 to Cooperative Purchasing Agreement 2020-065.3 with M. R. Tanner Development and Construction, Inc. for pavement preservation treatments in the amount of $2,500,000 Attachments Cooperative Purchasing Agreement  MAP 1  MAP 2  Pavement lifecycle ex  Form Review Inbox Reviewed By Date Public Works Director (Originator)Justin Weldy 08/23/2022 05:59 PM Finance Director David Pock 08/24/2022 05:58 AM Town Attorney Aaron D. Arnson 08/24/2022 09:35 AM Town Manager Grady E. Miller 08/27/2022 01:55 PM Form Started By: Justin Weldy Started On: 08/23/2022 05:04 PM Final Approval Date: 08/27/2022  1 Contract No. 2020-065.3 THIRD AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND M.R. TANNER DEVELOPMENT & CONSTRUCTION, LLC THIS THIRD AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT (this “Third Amendment”) is entered into as of September 6, 2022, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and M.R. Tanner Development & Construction, LLC, a(n) Arizona limited liability company (the “Contractor”). RECITALS A. After a competitive procurement process, the City of Chandler (the “City”) entered into Contract No. PW0-745-4123 (the “City Contract”), dated January 15, 2020, with the Contractor for Street Maintenance and Repair Services. All of the capitalized terms not otherwise defined in this Third Amendment have the same meanings as defined in the Contract. B. The Town and the Contractor entered into a Cooperative Purchasing Agreement dated February 18, 2020, (amended via Amendment No. 1, dated September 2, 2020 and amended via Amendment No. 2, dated April 13, 2022) based upon the City Contract (the “Agreement”), for Street Maintenance and Repair Services (the “Materials and Services”). The terms of the Agreement are incorporated herein. C. The Town has determined that additional Materials and Services (the “Additional Materials and Services”) are necessary. D. The Town and the Contractor desire to enter into this Third Amendment to increase the compensation authorized by the Agreement for the Additional Materials and Services. 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 Contractor hereby agree as follows: 1. Compensation. The Town shall pay the Contractor an aggregate amount not to exceed $9,550,000 for an increase of $2,500,000. 2 2. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the Agreement shall remain in full force and effect. 3. Non-Default. By executing this Third Amendment, the Contractor affirmatively asserts that (i) the Town is not currently in default, nor has it been in default at any time prior to this Third Amendment, under any of the terms or conditions of the Agreement and (ii) any and all claims, known and unknown, relating to the Agreement and existing on or before the date of this Third Amendment are forever waived. 4. Israel. Contractor 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. 5. Conflict of Interest. This Third Amendment and the Agreement may be cancelled by the Town pursuant to Ariz. Rev. Stat. § 38-511. [SIGNATURES ON FOLLOWING PAGES] Pavement Lifecycle Crack Seal & Slurry Seal Crack & Surface Seal Crack Seal & Slurry Seal New Street (Year 26‐27) (Year 19‐21) (Year 12‐14) (Year 32‐34) (Year 0) Mill & Overlay Surface Treatment (Year 5‐7) ITEM 8. F. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/06/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Public Works Prepared by: Justin Weldy, Public Works Director Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approving Professional Services Agreement 2022-072 A with Wood Patel & Associates for engineering design services for the design of a roundabout. Staff Summary (Background) The intersection of Avenue of the Fountains and Saguaro Boulevard has been difficult for pedestrians and vehicles to traverse since the early 1990s. The primary cause of the issues is the wide median on Avenue of the Fountains and four travel lanes on Saguaro Boulevard, which creates an extremely large intersection footprint. Over the past several years, the Town of Fountain Hills has implemented multiple traffic mitigation measures to address speeding, reduce crashes and provide a safer environment for all modes of transportation. The Strategic Plan, Downtown Plan, General Plan and Master Vision Planning report by Swaback Partners noted that a Roundabout at Saguaro Boulevard and Avenue of the Fountains would greatly improve traffic flows and provide enhanced pedestrian safety. Roundabouts are considered as an alternative intersection design, and have been used in many States around the Country, including Arizona and the Town of Fountain Hills with great success.  The design of a Roundabout at Saguaro Boulevard and Avenue of the Fountains will consider a number of issues including:  Safety Traffic-calming, in general Pedestrian safety and ADA Accessibility Bicycle safety Driver safety Traffic flow Minimization of the amount of disruption caused by construction Climate impact Traffic-calming in general Studies show that a roundabout is superior for traffic-calming. It is undisputed that the curved travel lane around a roundabout slows traffic through the intersection and enhances traffic-calming. Pedestrian safety and ADA Accessibility Pedestrian safety is by far the biggest concern when designing a roundabout. For pedestrians in general, studies show that roundabouts reduce the seriousness and fatalities for pedestrian-related crashes. An FHWA study found that pedestrians account for 16% of fatalities at intersection crashes overall, and no fatalities in roundabout crashes (data over a 10± year period). Specific design elements are crucial for pedestrian safety. In general, roundabouts improved both overall crash rates and, particularly, injury crash rates in a wide range of settings (urban, suburban, and rural). Roundabouts also reduce traffic congestion and greenhouse gas emissions, as vehicles would have fewer delays traveling through the intersection during peak commuting hours, reducing travel congestion and congestion-related vehicle emissions. A roundabout at this location can be designed to provide an accessible route between the Avenue of the Fountains and Fountain Park.  This ADA accessible route is also ideal for children and seniors, finally providing a connection between Avenues shopping/restaurants and our namesake Park. After approval of the design contract in the amount of $260,601.90, staff will return to Council with a 30% Roll plot, and then again at the 90% design phase for comments, input and review. Related Ordinance, Policy or Guiding Principle FY 2022-23 Capital Improvement Program. Risk Analysis Not approving the design contract will delay improvements to the intersection.  Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Approval Professional Services Agreement 2022-072 A with Wood Patel & Associates for design of a roundabout  SUGGESTED MOTION MOVE to Approve Professional Services Agreement 2022-072 A with Wood Patel & Associates for design of a roundabout in the amount of $260,601.90. Fiscal Impact Fiscal Impact:$260,600 Budget Reference:S6069 Funding Source:CIP If Multiple Funds utilized, list here: Budgeted: if No, attach Budget Adjustment Form: Attachments Professional Services Agreement  RFP Proposal  Scope and Fee  Form Review Inbox Reviewed By Date Public Works Director (Originator)Justin Weldy 08/24/2022 05:31 PM Finance Director David Pock 08/25/2022 06:19 AM Town Attorney Aaron D. Arnson 08/25/2022 10:42 AM Town Manager Grady E. Miller 08/25/2022 06:01 PM Form Started By: Justin Weldy Started On: 08/17/2022 03:43 PM Final Approval Date: 08/25/2022  Contract No. 2022-072A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND WOOD, PATEL & ASSOCIATES, INC THIS PROFESSIONAL SERVICES AGREEMENT (this “Agreement”) is entered into as of April 5, 2022, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and Wood, Patel, & Associates, Inc., a(n) Arizona corporation (the “Vendor”). RECITALS A. The Town issued a Request for Qualifications, RFQ No. 2021-RFQ-007 (the “RFQ”), a copy of which is on file with the Town and incorporated herein by reference, seeking proposals from vendors interested in providing professional services consisting of Civil Engineering and Construction Management to assist in developing Saguaro Blvd. and Avenue of the Fountains Improvements (the “Services”). B. The Vendor responded to the RFQ by submitting a statement of qualifications (the “Proposal”), attached hereto as Exhibit A and incorporated herein by reference. C. The Town desires to enter into an Agreement with the Vendor to perform the Services, Phase 1 Intersection Roundabout Design, as set forth 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 Vendor 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 4, 2023 (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 four successive one-year terms (each, a “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 Vendor 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 Vendor’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 Vendor, elect to waive this requirement and renew this Agreement. The Initial Term and all Renewal Terms, if any, 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. Scope of Work. Vendor shall provide the Services (Phase 1 Intersection Roundabout Design) as set forth in the Proposal attached hereto as Exhibit B and incorporated herein by reference. 3. Compensation. The Town shall pay the Vendor an amount not to exceed $260,601.90, at the rates set forth in the Fee Proposal attached hereto as Exhibit C and incorporated herein by reference. The aggregate amount per renewal term shall not exceed $50,000 in any case unless the Agreement is affirmed and ratified via an executed amendment. All remaining terms and conditions of the Agreement shall remain in full force and effect. 4. Payments. The Town shall pay the Vendor monthly (and the Vendor shall invoice the Town monthly), based upon work performed and completed to date, and upon submission and approval of invoices. 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. 6. Vendor Personnel. Vendor shall provide adequate, experienced personnel, capable of and devoted to the successful performance of the Services under this Agreement. Vendor agrees to assign specific individuals to key positions. If deemed qualified, the Vendor is encouraged to hire Town residents to fill vacant positions at all levels. Vendor 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, Vendor 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 Vendor’s performance. The Vendor shall provide and maintain a self-inspection system that is acceptable to the Town. 8. Licenses; Materials. Vendor shall maintain in current status all federal, state and local licenses and permits required for the operation of the business conducted by the Vendor. The Town has no obligation to provide Vendor, 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 Vendor. 9. Performance Warranty. Vendor 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 Vendor 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 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) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, breach of contract, in connection with the work or services of the Vendor, 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 Vendor, Vendor 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 Vendor. 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 Vendor 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. Vendor’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 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 Vendor. Vendor 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. Vendor 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, Vendor 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 Vendor. Vendor 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, Vendor will provide the Town with suitable evidence of insurance in the form of certificates of insurance and a copy of the declaration page(s) of the insurance policies as required by this Agreement, issued by Vendor’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. Confidential information such as the policy premium may be redacted from the declaration page(s) of each insurance policy, provided that such redactions do not alter any of the information required by this Agreement. The Town shall reasonably rely upon the certificates of insurance and declaration page(s) 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 Vendor’s responsibility to forward renewal certificates and declaration page(s) to the Town 30 days prior to the expiration date. All certificates of insurance and declarations 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 or declarations received without the appropriate RFP number and title or a reference to this Agreement, as applicable. Additionally, certificates of insurance and declaration page(s) of the insurance policies 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 and declaration page(s) 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. (c) Excess Liability – Follow Form to underlying insurance. (2) Vendor’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 Vendor under this Agreement. (4) ACORD certificate of insurance form 25 (2014/01) is preferred. If ACORD certificate of insurance form 25 (2001/08) is used, the phrases in the cancellation provision “endeavor to” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives” shall be deleted. Certificate forms other than ACORD form shall have similar restrictive language deleted. 11.2 Required Insurance Coverage. A. Commercial General Liability. Vendor shall maintain “occurrence” form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as 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. Vendor shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Vendor’s owned, hired and non-owned vehicles assigned to or used in the performance of the Vendor’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 Vendor engages in any professional services or work in any way related to performing the work under this Agreement, the Vendor shall maintain Professional Liability insurance covering negligent errors and omissions arising out of the Services performed by the Vendor, or anyone employed by the Vendor, or anyone for whose negligent acts, mistakes, errors and omissions the Vendor is legally liable, with an unimpaired liability insurance limit of $2,000,000 each claim and $2,000,000 annual aggregate. D. Workers’ Compensation Insurance. Vendor shall maintain Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Vendor’s employees engaged in the performance of work or services under this Agreement and shall also maintain Employers Liability Insurance of not less than $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 Vendor of written notice by the Town. Upon termination for convenience, Vendor 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 Vendor 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 Vendor 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 Vendor 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 Vendor 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 Vendor, cancel this Agreement if it is found by the Town that gratuities, in the form of economic opportunity, future employment, entertainment, gifts or otherwise, were offered or given by the Vendor or any agent or representative of the Vendor 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 Vendor 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 Vendor 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 Vendor 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 Vendor 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. Vendor, 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 Vendor, its employees or subcontractors. The Vendor, and not the Town, shall determine the time of its performance of the services provided under this Agreement so long as Vendor meets the requirements as agreed in Section 2 above and in Exhibit A. Vendor is neither prohibited from entering into other contracts nor prohibited from practicing its profession elsewhere. Town and Vendor 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 courts in Maricopa County, Arizona. 13.3 Laws and Regulations. Vendor 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 Vendor 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. 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 Vendor. 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 Vendor without prior, written permission of the Town, signed by the Town Manager. Any attempted assignment or delegation by Vendor in violation of this provision shall be a breach of this Agreement by Vendor. 13.9 Subcontracts. No subcontract shall be entered into by the Vendor with any other party to furnish any of the material or services specified herein without the prior written approval of the Town. The Vendor 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 Vendor. 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 Vendor 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 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 Vendor any amounts Vendor 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 Vendor any amounts Vendor 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: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Grady E. Miller, Town Manager With copy to: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Aaron D. Arnson, Town Attorney If to Vendor: Wood, Patel & Associates, Inc. 2051 W. Northern Ave., Suite 100 Phoenix, Az. 85021 Attn: Nicholas Brown 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. 13.15 Confidentiality of Records. The Vendor 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 Vendor’s duties under this Agreement. Persons requesting such information should be referred to the Town. Vendor also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of Vendor as needed for the performance of duties under this Agreement. 13.16 Records and Audit Rights. To ensure that the Vendor and its subcontractors are complying with the warranty under subsection 13.17 below, Vendor’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 Vendor 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 Vendor’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 Vendor’s and its subcontractors’ compliance with the Arizona employer sanctions laws referenced in subsection 13.17 below. To the extent necessary for the Town to audit Records as set forth in this subsection, Vendor and its subcontractors hereby waive any rights to keep such Records confidential. 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 Vendor pursuant to this Agreement. Vendor 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 Vendor or its subcontractors reasonable advance notice of intended audits. Vendor 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 Vendor 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). Vendor’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. Vendor 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. [SIGNATURES ON FOLLOWING PAGES] EXHIBIT A TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND WOOD, PATEL & ASSOCIATES, INC [Consultant’s Proposal] See following pages. Town of Fountain Hills Admin-Procurement Robert Durham, Procurement Officer 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268 PROPOSAL DOCUMENT REPORT RFQ No. 2021-RFQ-007 Saguaro Boulevard & Avenue of the Fountains Improvements RESPONSE DEADLINE: December 9, 2021 at 5:00 pm Report Generated: Wednesday, February 16, 2022 Wood, Patel & Associates Proposal CONTACT INFORMATION Company: Wood, Patel & Associates Email: marketing@woodpatel.com Contact: Pamela Iacovo Address: 2051 W. Northern Avenue Ste 100 Phoenix, AZ 85021 Phone: (602) 335-8500 Website: www.woodpatel.com Submission Date: Dec 8, 2021 4:26 PM PROPOSAL DOCUMENT REPORT RFQ No. 2021-RFQ-007 Saguaro Boulevard & Avenue of the Fountains Improvements PROPOSAL DOCUMENT REPORT Request for Qualifications - Saguaro Boulevard & Avenue of the Fountains Improvements Page 2 ADDENDA CONFIRMATION Addendum #1 Confirmed Nov 9, 2021 11:06 AM by Sandy Niebel Addendum #2 Confirmed Nov 9, 2021 6:42 PM by Sandy Niebel Addendum #3 Confirmed Nov 22, 2021 2:38 PM by Sandy Niebel Addendum #4 Confirmed Dec 8, 2021 4:17 PM by Sandy Niebel QUESTIONNAIRE 1. Certification By confirming questions under this section, the Vendor certifies: NO COLLUSION* The submission of the SOQ did not involve collusion or other anti-competitive practices. Confirmed NO DISCRIMINATION* It shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246. Confirmed PROPOSAL DOCUMENT REPORT RFQ No. 2021-RFQ-007 Saguaro Boulevard & Avenue of the Fountains Improvements PROPOSAL DOCUMENT REPORT Request for Qualifications - Saguaro Boulevard & Avenue of the Fountains Improvements Page 3 NO GRATUITY* It has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip favor or service to a Town employee, officer or agent in connection with the submitted SOQ. It (including the Vendor’s employees, representatives, agents, lobbyists, attorneys, and subcontractors) has refrained, under penalty of disqualification, from direct or indirect contact for the purpose of influencing the selection or creating bias in the selection process with any person who may play a part in the selection process, including the Selection Committee, elected officials, the Town Manager, Department Heads, and other Town staff unless such person is designated as a Town Representative. All contact must be addressed to the Town’s Procurement Agent, except for questions submitted as set forth in RFQ Submission Process section Inquiries. Any attempt to influence the selection process by any means shall void the submitted Proposal and any resulting Agreement. Confirmed FINANCIAL STABILITY* It is financially stable, solvent and has adequate cash reserves to meet all financial obligations including any potential costs resulting from an award of the Agreement. Confirmed NO SIGNATURE/FALSE OR MISLEADING STATEMENT* The signature on the cover letter of the SOQ and the Vendor Information Form is genuine and the person signing has the authority to bind the Vendor. Failure to sign the SOQ and the Vendor Information Form, or signing either with a false or misleading statement, shall void the submitted SOQ and any resulting Agreement. Confirmed PROFESSIONAL SERVICES AGREEMENT* In addition to reviewing and understanding the submittal requirements, it has reviewed the attached sample Professional Services Agreement including the Scope of Work and other Exhibits. Confirmed PROPOSAL DOCUMENT REPORT RFQ No. 2021-RFQ-007 Saguaro Boulevard & Avenue of the Fountains Improvements PROPOSAL DOCUMENT REPORT Request for Qualifications - Saguaro Boulevard & Avenue of the Fountains Improvements Page 4 REFERENCE CHECKS* References will be checked, and it is Vendor’s responsibility to ensure that all information is accurate and current. Vendor authorizes the Town’s representative to verify all information from these references and releases all those concerned from any liability in connection with the information they provide. Inability of the Town to verify references shall result in the Proposal being considered non-responsive. Confirmed 2. Vendor Proposal GENERAL INFORMATION* A. One page cover letter as described in the section titled "RFQ Submission Process ", the subsection titled "Required Submittal". B. Provide Vendor identification information. Explain the Vendor’s legal organization including the legal name, address, identification number and legal form of the Vendor (e.g., partnership, corporation, joint venture, limited liability company, sole proprietorship). If a joint venture, identify the members of the joint venture and provide all of the information required under this section for each member. If a limited liability company, provide the name of the member or members authorized to act on the company’s behalf. If the Vendor is a wholly owned subsidiary of another company, identify the parent company. If the corporation is a nonprofit corporation, provide nonprofit documentation. Provide the name, address and telephone number of the person to contact concerning the SOQ. C. Identify the location of the Vendor’s principal office and the local work office, if different from the principal office. D. Provide a general description of the Vendor that is proposing to provide the Services, including years in business. E. Identify any contract or subcontract held by the Vendor or officers of the Vendor that has been terminated within the last five years. Briefly describe the circumstances and the outcome. F. Identify any claims arising from a contract that resulted in litigation or arbitration within the last five years. Briefly describe the circumstances and the outcome. Cover_Letter_WOODPATEL.pdf PROPOSAL DOCUMENT REPORT RFQ No. 2021-RFQ-007 Saguaro Boulevard & Avenue of the Fountains Improvements PROPOSAL DOCUMENT REPORT Request for Qualifications - Saguaro Boulevard & Avenue of the Fountains Improvements Page 5 EXPERIENCE AND QUALIFICATIONS OF THE VENDOR* A. Provide a detailed description of the Vendor’s experience in providing similar services to municipalities or other entities of a similar size to the Town, specifically relating experience with respect to Saguaro Boulevard & Avenue of the Fountains Improvements. B. Vendor must demonstrate successful completion of at least three similar projects within the past 60 months. For the purpose of this Solicitation, “successful completion” means completion of a project within the established schedule and budget and “similar projects” resemble this project in size, nature and scope. Provide a list of at least three organizations for which you successfully completed a similar project. This list shall include, at a minimum, the following information: 1. Name of company or organization. 2. Contact name. 3. Contact address, telephone number and e-mail address. 4. Type of services provided. 5. Dates of contract initiation and expiration. Section_2_WOODPATEL.pdf KEY POSITIONS* A. Identify each key personnel member that will render services to the Town including title and relevant experience required, including the proposed Project Manager and Project Engineer. B. Indicate the roles and responsibilities of each key position. Include senior members of the Vendor only from the perspective of what their role will be in providing services to the Town. C. If a subcontractor will be used for all work of a certain type, include information on this subcontractor. A detailed plan for providing supervision must be included. D. Attach a résumé and evidence of certification, if any, for each key personnel member and/or subcontractor to be involved in this project. Résumés should be attached together as a single appendix at the end of the Proposal and will not count toward the Proposal page limit. However, each resume shall not exceed two pages in length. PROPOSAL DOCUMENT REPORT RFQ No. 2021-RFQ-007 Saguaro Boulevard & Avenue of the Fountains Improvements PROPOSAL DOCUMENT REPORT Request for Qualifications - Saguaro Boulevard & Avenue of the Fountains Improvements Page 6 Section_3_WOODPATEL.pdf PROJECT APPROACH* (1) Describe the Vendor’s approach to performing the required Services for this specific project, including the following processes: (a) Planning (b) Designing (c) Estimating (d) Schedule Controls (e) Cost Controls (f) Quality Controls (g) Managing Subcontractors (h) Bid Package Management (i) Construction Phase Services (2) Describe any alternate approaches if it is believed that such approaches would best suit the needs of the Town. Include rationale for alternate approaches, and indicate how the Vendor will ensure that all efforts are coordinated with the Town’s general representation. Section_4_WOODPATEL.pdf PROJECT SCHEDULE* Provide a schedule of work in the form set forth in the Scope of Work attached as Exhibit B, showing key project milestones and deliverables as described in the Scope of Work. Section_5_WOODPATEL.pdf SECTION 1. COVER LETTER CREATE CONNECT PROTECT™ www.woodpatel.com The Town of Fountain Hills Admin-Procurement 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 2021-RFQ-007 STATEMENT OF QUALIFICATIONS SAGUARO BOULEVARD & AVENUE OF THE FOUNTAINS IMPROVEMENTS DECEMBER 9, 2021 CORPORATE HEADQUARTERS 2051 West Northern AveSuite 100Phoenix, Arizona 85021 SECTION 1. COVER LETTER • We are the team with the creative minds that marry art with engineering into final design of transportation facilities and municipal parks that tell a story, that represent the sense of place, and capture the multi-modality that is important to the Town.• Relationships develop projects, and relationships deliver projects. Each key member of the WOODPATEL team is local, and is known to the Town for our quality and responsiveness.• Always good stewards of the programmed budget, this team is acutely aware of the need for solid design that is easy to maintain and represents the mission and vision of the Town. Dear Mr. Weldy and Members of the Evaluation Panel: On behalf of the WOODPATEL team we welcome this opportunity to work for the Town as your engineers to design the Saguaro Blvd. & Avenue of the Fountains (AoTF) Intersection improvements, overlook, and access to Lake Path. Vendor identification information: Wood, Patel & Associates, Inc. (WOODPATEL) is a Subchapter S Corporation | Federal TIN: 86-0680091 AZ Board of Technical Registration: Phx #11154-0; Mesa 11154-1 Corporate Commission No.: 00232215-4 | Duns#: 16-722-8063 Contact concerning the SOQ: Vendor’s Principal Office: All work for the Town of Fountain Hills is performed from our Phoenix Office. There are 85 full time technical and administrative staff at this location; 14 are located at our Mesa office. General Description: WOODPATEL is a locally-owned consulting civil and transportation engineering, construction management, and land surveying firm serving Arizona communities since 1984. In more than 37 years of serving Arizona’s clients, we proudly earned a reputation for finding creative, cost-effective solutions for our clients’ technical challenges. The firm works with subconsultant members of the WOODPATEL team consistently to deliver excellence and quality for transportation facilities and recreational parks. Identify any contract or subcontract held by the Vendor or officers of the Vendor that has been terminated within the last five years: Neither WOODPATEL nor its officers have had any contracts or subcontracts terminated within the last five years. Identify any claims arising from a contract that resulted in litigation or arbitration within the last five years. The firm has paid no claims, nor has open claims for the last five years. In preparing a specific response to the Town, the WOODPATEL team reviewed the Intersection Alternative Analysis from 2011, the Fountain Park Pedestrian Access & Lake Overlook Concept Design from 2017, record drawings from the Saguaro Blvd. reconstruction, used Bluestake to locate utilities, reviewed the County Assessor’s maps, and most importantly, we field walked the site in order to prepare this focused response. This research influenced our approach to the technical elements in making adjustments that are beneficial to the Town and your residents: • Capitalized on existing features to place the roundabout for maximum functionality• The scenic overlook blends into the park while reducing the embankment and retaining wall needs by 55%• Provided a more direct route to the Lake Path• Eliminated the need for right-of-way acquisition• Reduced impacts to SRP electrical The effectiveness of this WOODPATEL team is proven through our final design experience for roundabouts and municipal parks, productive relationships with the Town, our institutional knowledge of the Town’s final design requirements, and working with smart engineering professionals with the know-how to fuel opportunities for the Fountain Hills community. WOODPATEL is the Arizona leader in delivering solid civil and transportation infrastructure engineering. The firm is Ranking Arizona’s #1 Civil Engineering firm for 18 consecutive years. Our success in the built environment is a measurement of this team’s experience and passion for artistic and meaningful design. We acknowledge receipt of four addenda. We thank you for this opportunity and look forward to your favorable consideration. Sincerely, Sincerely, Nicholas Brown, PE Principal | AZ #45869 Wood, Patel & Associates, Inc. Karen Hobbs, PE Project Manager | AZ #41977 Wood, Patel & Associates, Inc. 2051 West Northern Avenue Suite 100 Phoenix, AZ 85021 Nicholas Brown, PE Principal 602.335.8503 nbrown@woodpatel.com 1 The Town of Fountain Hills Admin-Procurement 2021-RFQ-007 STATEMENT OF QUALIFICATIONS SAGUARO BOULEVARD & AVENUE OF THE FOUNTAINS IMPROVEMENTS WOODPATEL DECEMBER 9, 2021 SECTION 2. EXPERIENCE AND QUALIFICATIONS OF THE VENDOR Rio Verde/Dynamite Road Roundabouts and Roadway ImprovementsScottsdale, Arizona - 2019 Basis for Selection/ Key Relevant Features Personnel Involved • Nicholas Brown, PE, Project Principal • Michael Young, PE, Engineer of Record • Dan Cronin, LEED AP, PMP, CDT, Designer (including ADA Compliance) • Ethan Boyle, PE, Roadway/ Roundabout Design • Context Sensitive Design of an arterial roundabout for safety and mobility for vehicles, bicyclists, and pedestrians• Arterial roadway improvements for residential and business access• Drainage solutions for durability and maintenance • High-profile area of North Scottsdale• Customized lighting for Dark Sky Ordinance The following projects demonstrate the WOODPATEL team’s direct experience with roundabout design and construction, drainage structures, municipal park facilities, construction document preparation, bid phase services, and engineering services during construction. An added benefit to our final design team is their experience in providing efficient post design services, and full construction administration services provided by WOODPATEL. What is notable about our team is that we balance the art of engineering with the science of functional, economical, durable design specific to the location. The best examples are presented in the projects below that demonstrate our ability for strategic design of a roundabout within the allowable right-of-way that functions as expected, with the safety of pedestrians and vehicles being paramount. WOODPATEL provided roadway design for the widening of one mile of an existing two-lane rural arterial roadway to include bike and turn lanes. The roadway included design for two, three-leg single-lane roundabouts that with minor modification will accommodate a future two-lane roundabout. Due to limited right of way, new guardrail was installed for safety measures. Other services included survey, street lighting, two new culvert crossings and one culvert extension and coordination for relocation of underground and overhead utilities. Design, construction documents, and permitting was through the City of Scottsdale’s design guidelines. WOODPATEL also performed construction administration services during construction of the roundabouts and improvements to the arterial roadway. SECTION 2. EXPERIENCE AND QUALIFICATIONS OF THE VENDOR Reference: Carlos Gonzalez, Exec. Vice President | Rummel Construction | 480.222.9923 | cgonzalez@rummelconstruction.com A Functional one-lane roundabout that serves this complete street now and into the future ! Tips to successfully navigate a roundabout • Yield to other drivers within the roundabout. For multi-lane roundabouts, you must yield to BOTH lanes of circulating traffic. • Do not change lanes or pass others. • Do not stop within the roundabout. • Avoid driving next to large trucks. 2 The Town of Fountain Hills Admin-Procurement 2021-RFQ-007 STATEMENT OF QUALIFICATIONS SAGUARO BOULEVARD & AVENUE OF THE FOUNTAINS IMPROVEMENTS WOODPATEL DECEMBER 9, 2021 SECTION 2. EXPERIENCE AND QUALIFICATIONS OF THE VENDOR (cont.) SECTION 2. EXPERIENCE AND QUALIFICATIONS OF THE VENDOR Jasper Parkway Roundabouts, Roadway and Multi-use Trail Improvements Prescott Valley, Arizona - 2018 Reference: Town of Prescott Valley | Contact: Boyd Robertson, Deputy Public Works Director | 928.759.3079 | brobertson@pvaz.net Basis for Selection/ Key Relevant Features Personnel Involved • Nicholas Brown, PE, Project Principal • Dan Cronin, LEED AP, PMP, CDT, Designer (including ADA compliance) • Ethan Boyle, PE, Roadway/Roundabout Design • Context Sensitive Design of 3 Roundabouts for ease of circulation, safety and mobility for vehicles, bicyclists, and pedestrians • Arterial roadway improvements for residential and business access • Multi-use Trail • Drainage and stormwater solutions for durability and maintenance • High-profile area of Prescott Valley • Customized lighting for roundabouts, streets, and community amenities WOODPATEL provided preliminary roadway assessments, and full construction documents for four miles of arterial roadway. As part of this project, analysis was completed at all intersections for feasibility of single and multi-lane roundabouts. Three intersections along Jasper Parkway were selected to be designed as roundabouts for operational benefits and pedestrian and bicycle safety. Additional elements included maintaining the regional drainage and the relocation of the Iron King Trail, a regional multi-use facility that connects Prescott Valley to the Granite Dells Recreational Area and Prescott. Coordination efforts included with Yavapai County and the Town of Prescott Valley for wet and dry utilities. WOODPATEL was responsible for the signage and pavement marking plan, environmental services department applications, water and wastewater basis of design reports, and utility company submittals. This was a full- service engineering contract fulfilled by WOODPATEL. Examples of the roundabouts in place which includes connections to the park, clubhouse and community amenities. Jasper Parkway Roundabout Santa Fe Loop 3 The Town of Fountain Hills Admin-Procurement 2021-RFQ-007 STATEMENT OF QUALIFICATIONS SAGUARO BOULEVARD & AVENUE OF THE FOUNTAINS IMPROVEMENTS WOODPATEL DECEMBER 9, 2021 SECTION 2. EXPERIENCE AND QUALIFICATIONS OF THE VENDOR Pioneer Park and Community Connectivity Mesa, Arizona - 2017 Reference: Zac Koceja, RLA | City of Mesa | Landscape Architect | 480.644.4687 | zac.koceja@mesaaz.gov Basis for Selection/ Key Relevant Features Personnel Involved• Jay Hicks, RLA, Principal, Dig Studio • Chad Atterbury, PLA, LEED AP, Project Manager, Dig Studio • Nicholas Brown, PE, WOODPATEL Project Manager • Context Sensitive Design for all users of park facilities and amenities • Drainage and stormwater solutions for durability and maintenance • Park and civil structures • High-profile area of Mesa • Customized Lighting for Park Environment One of the oldest parks in Mesa, Pioneer Park is located north of the Jesus Christ of Latter-day Saints – Arizona Temple. Home of memorial gardens, a historical locomotive, and a statue that honors the accomplishments of the pioneers the park is named for, Pioneer Park was designed by Dig Studio and WOODPATEL. The north end of the 18-acre park received a new iconic playground structure complete with at grade and elevated meandering walkways, a splash pad feature and shade structures. Additional improvements included new basketball courts, and an updated restroom facility and remodeled horseshoe venue. Features were designed to be in compliance with ADA guidelines and engaging for all ages. WOODPATEL provided civil engineering services that included on-site grading, drainage and utility design. The design uses the ‘Legacy Trees’ as a form giver and focal point by creating park spaces and a play experience that engage the trees and highlight their beauty. The new forest to the east side of the park creates an amazing environment for new and existing park functions. The dynamic spaces are all stitched together by an innovative adaptation of the historic central spine of the park, highlighted by a new central water plaza and iconic shade canopy. The park has several historic features and monuments, but it’s identity is tied to the network of legacy trees throughout the park. This park is but one of several that involve Dig Studio as the prime firm, and WOODPATEL performing civil engineering. SECTION 2. EXPERIENCE AND QUALIFICATIONS OF THE VENDOR (cont.) A community gathering place, Pioneer Park is chock full of amenities to appeal to every demographic. Every resident is proud of the Park’s place in Mesa’s history. “ Pioneer Park is the place our community gathers. I am so proud of the diligent work in both preserving the historic aspects of the park while ushering in a new generation of fun. ” - Mayor John Giles, City of Mesa Personnel Involved 4 The Town of Fountain Hills Admin-Procurement 2021-RFQ-007 STATEMENT OF QUALIFICATIONS SAGUARO BOULEVARD & AVENUE OF THE FOUNTAINS IMPROVEMENTS WOODPATEL DECEMBER 9, 2021 SECTION 2. EXPERIENCE AND QUALIFICATIONS OF THE VENDOR SECTION 2. EXPERIENCE AND QUALIFICATIONS OF THE VENDOR (cont.) Gilbert Regional Park and Community ConnectivityGilbert, Arizona - 2019 Reference: Richard Hooker, Senior PM, CIP | Town of Gilbert. |480.503.6933 | richard.hooker@gilbertaz.gov Basis for Selection/ Key Relevant Features Personnel Involved • Jay Hicks, RLA, Principal, Dig Studio • Chad Atterbury, Project Manager, PLA, LEED AP, Dig Studio • Nicholas Brown, PE, WOODPATEL Project Manager • Context Sensitive Design for all users of park facilities • Drainage and Stormwater Considerations and Solutions for Durability and Maintenance • Structures • High-profile area of Gilbert • Customized Lighting for Park Environment Dig Studio served as the prime firm, with WOODPATEL providing civil engineering design services for revised master-planning through final approved construction documents for the initial 60 acres of Gilbert Regional Park. Gilbert Regional Park is a 260-acre multiphase recreational park located south of Queen Creek Road between Higley Road and the East Maricopa Floodway in the Town of Gilbert (Town). The site capitalized its former use for stormwater drainage to become a regional park with a lake amenity while still providing regional storm water facilities. Full build-out will take place over the next 20 years. Dig Studio and WOODPATEL led the master planning and Phase 1 design services for the park improvements and continue to provide master planning services to the Town for the future project phases. Dig Studio and WOODPATEL’s revised master-planning scope of work included conceptual grading updates and revised drainage analysis of the future Chandler Heights Basin. The revised analysis takes advantage of recent reductions in storage requirements for the basin, requiring coordination and approval through the Flood Control District of Maricopa County (FCDMC). This effort resulted in adding more than 40 acres of high-and-dry area to the park and reduced the required future excavation of the basin by approximately 1.2 million cubic yards, allowing the Town to utilize more of the recreational use easement across the Basin for Phase 1 of the Park and leaving the majority of the Town’s 40 acres for future Public-Private- Partnership opportunities. WOODPATEL’s construction document services included a phased improvement plan package tailored to meet the strict construction timeline of the project. WOODPATEL’s initial improvement plan included mass grading and utility infrastructure to serve the first 30 acres of the project. Our second improvement plan package completed final grading, drainage, paving and utility service improvements for the first 30-acres of the park, which included The Mountain playground and splash pad hub, main restroom, parking lots, and half-street collector road access from Queen Creek Road. WOODPATEL’s final improvement plan package included grading, drainage, paving, utility infrastructure and utility service improvements for the second 30 acres of the park, which include a great lawn, 8-acre lake, sport courts, additional restrooms, parking lots and full build-out of the entry collector road access from Queen Creek and Higley Roads. WOODPATEL’s knowledge of ADA accessibility guidelines and requirements is showcased with The Mountain playground. The playground features facilities with a 17-feet elevation change, while offering full accessibility to all play features. The park has recently won the Arizona Parks and Recreation Outstanding Facility Award as well as the Engineering News-Record Landscape/Urban Development Best Project Award. Gilbert residents share in the community through the Gilbert Regional Park - Concept through final design and construction administration is by Dig Studio and WOODPATEL - Phase I opened September 2019 5 The Town of Fountain Hills Admin-Procurement 2021-RFQ-007 STATEMENT OF QUALIFICATIONS SAGUARO BOULEVARD & AVENUE OF THE FOUNTAINS IMPROVEMENTS WOODPATEL DECEMBER 9, 2021 SECTION 2. EXPERIENCE AND QUALIFICATIONS OF THE VENDOR (cont.) ADDITIONAL RELEVANT TEAM PROJECT EXPERIENCE = ADDED VALUE TO THE TOWN Well-functioning Roundabouts That Work Mockingbird Lane and 56th Street | Paradise Valley, AZ Preliminary construction costs for Council project budget, final design (construction documents & specifications), public bidding support and construction management 21st Avenue & White Thorn Boulevard | Phoenix, AZ Two miles of City of Phoenix roadways including four intersections designed as single-lane roundabouts. Traffic and safety analysis was completed for all collector and arterial roadways to make certain classifications met the needs of the end-users and the future traffic volumes. Mayo Blvd. Hayden Road to Perimeter Drive | Scottsdale, AZ Planning and construction documents for three roundabouts and roadway improvements. Intersection alternatives were evaluated for safety of pedestrians and bicyclists while maintaining accessibility for semi tractor-trailers and commuter traffic. Evaluation included overall footprint, capacity analysis, truck turning movements, multi-modal features, and long-term maintenance considerations. SR-179 Village of Oak Creek to Sedona | Sedona, AZ Involved the design and construction of 12 roundabouts; 4 bridges (first design of half a roundabout on a bridge); multiple retaining walls; drainage systems, curb, gutter, and sidewalk; and extensive utility relocations through a narrow right-of-way corridor. WOODPATEL is considered a leader in roundabout design. Through our work for the cities of Gilbert, Paradise Valley, Phoenix, Scottsdale, Sedona, Wickenburg and the Salt River Pima Maricopa Indian Community, functioning roundabouts are a legacy skill set. We have designed municipal roundabouts on arterial roadways and roundabouts on State Highways. An abridged compendium of our work is listed below to feature Karen Hobbs, Diana Kelly, and Ethan Boyle. Low Impact Development | Smart Use of Space for Municipal Parks The Paseo Master Plan and Concept Design Phase | Gilbert, AZ The Paseo is a pedestrian and bicycle path along 0.65 miles of the Ash Street alignment from Elliot Road to Juniper Avenue. Dig Studio is the prime firm, with WOODPATEL providing civil engineering coordination, master planning, and conceptual design as well as surveying services. Tempe Clark Park Conceptual Plan, Preliminary and Final Design | Tempe, AZ WOODPATEL is assisting the prime firm, Dig Studio, with conceptual designs, preliminary and final design for 10-acres to include a community swimming pool, recreation center, new accessible playground, ramada, restroom, basketball court lighting, additional trees, landscape and infield upgrades. Red Mountain Park | Mesa, AZ WOODPATEL is a subconsultant to Dig Studio providing civil engineering design and survey services for concept design, preliminary and final design. Expansion of the park is 125 acres and includes expansion of the Red Mountain Park Pond, a community fishing lake. WOODPATEL and Dig Studio are partners on several municipal parks including those with multi-use paths and trails. Creative in their use, these venues are the very best of engineering coupled with the functionality and smart use of space. One option for the best use of space for Fountain Park for the Town’s consideration is presented in Section 4. Always sustainable in their choice of materials, WOODPATEL and Dig Studio use low impact development to curb the heat island effect. R P Work for the Town of Fountain Hills WOODPATEL, Prime Firm• Panorama Drive Storm Drain Improvements | Fountain Hills, AZ Civil engineering for approximately 3,500 feet of storm drain improvements and nuisance water pump replacement to alleviate a failing CMP storm drain system and nuisance spring water conditions. CR Engineers, Electrical | Fountain Hills, AZ • Avenue of the Fountains Event Receptacles • Fountain Hills Sanitary District Electric Vehicle Chargers • Town of Fountain Hills Street Yard Building • Fountain Hills Community Center Garden • Fountain Hills Street Yard SES Ethos Engineers, Structural, Geotechnical | Fountain Hills, AZ • Desert Vista Park Ramada Structural Inspections (Sub to WOODPATEL) • Routine Bridge Inspection Four Peaks Park Pedestrian Bridge (Sub to WOODPATEL) • Routine Bridge Inspection Golden Eagle Park Pedestrian Bridge (Sub to WOODPATEL) The WOODPATEL team counts the Town of Fountain Hills as a key client, and collectively we have projects that are underway, or we have completed for the Town. Important to note is that the Town is receiving professional services from local firms, with local leadership with decision-making authority. The confidence from knowing that your engineering is in good hands so the Town can manage the business of the Town is priceless. FH 6 The Town of Fountain Hills Admin-Procurement 2021-RFQ-007 STATEMENT OF QUALIFICATIONS SAGUARO BOULEVARD & AVENUE OF THE FOUNTAINS IMPROVEMENTS WOODPATEL DECEMBER 9, 2021 SECTION 3. KEY POSITIONS SECTION 3. KEY POSITIONS • WOODPATEL is proud to be a locally-owned Arizona firm since 1984. The ownership group are working members of our teams involved in all aspects of a project from conception to final design and continuing through to the end of construction. • We have had the honor to assist the Town in growing into a vibrant, trendsetting community with an array of recreation options including Fountain Park.• This WOODPATEL team is built around our trusted relationships with Dig Studio, Ethos, and CR Engineers. • The Town’s institutional knowledge and guidance, coupled with our team’s strong and intuitive performance, will result in achieving the goals set for this contract. Key Leaders, organized and committed to delivering creative solutions resulting in context sensitive and efficient functionality, durability and appeal as a reflection of community pride. Key Project Delivery Team Nicholas Brown, PE, Project Principal is methodically thorough and maintains a big picture goal beyond simply being compliant. He is the firm’s best representation for all the disciplines, and manages the engineering team’s efforts that result in a quality product. He has worked with Dig Studio on several projects, and is the Project Manager for the Town’s project at Panorama Drive – Storm Drain Improvements. Karen Hobbs, PE, Project Manager grew up and lives in Phoenix. She dedicates her engineering career to serving Arizona municipalities to expand, modernize, and maintain the local multi-modal transportation network. Connecting planes, trains and automobiles with people and activity centers is her passion. Lasting infrastructure integrated into the community is the result. Diana Kelly, PE, Roadway Design Lead, Utility Coordination is the rare engineer registered in both Arizona and California, with a structural and roadway background. She is an ideal lead for this project based on her knowledge of integrating a roundabout into a community project that requires slope stabilization, and geotechnical investigations. Jeff Lothner, ASLA is an excellent representative of the creative genius needed to work with the WOODPATEL engineers to design this roundabout/ scenic overlook project as one community-enhancing feature. He has worked with WOODPATEL on integrating roadway networks into community parks, and the intuition that come from teams that have worked together previously is priceless when it comes to expectations for quality and safety, and performing responsive client services. .“ Karen and Diana are a great asset to any team especially when it comes to federal funded local projects, they are rockstar engineers. In their roles as design project manager and design engineer on 5 federal funded Local Public Agency projects, I relied on their expertise and knowledge of the federal regulations, processes and specifications to prepare quality plans, specifications and estimates. ” – Jennifer Acuna, Project Manager, LPA Projects Nicholas Brown, PE AZ # 45869 Project Principal Karen Hobbs, PEAZ # 41977 Project ManagerDiana Kelly, PEAZ # 46727 Roadway Design Lead Utility Coordination Jeff Lothner, ASLA, PA PLA AZ # 67030 Scenic Overlook Lead Brian Grimaldi, PE AZ # 44976 Structural Design Lead Keith Dahlen, PEAZ # 25151 Geotechnical Design Lead John Alcorn, PEAZ # 39727 Electrical Design Lead Tom Gettings, RLS AZ # 27239 Land Survey Lead T2 Utility Engineers AZ # 22191 (Firm) Potholing/SUE Support Services Jeff Minch, PEAZ # #24999 CFM #07678 Drainage Design Lead Ethan Boyle, PEAZ # 58109 Roundabout Design Resume Included 7 The Town of Fountain Hills Admin-Procurement 2021-RFQ-007 STATEMENT OF QUALIFICATIONS SAGUARO BOULEVARD & AVENUE OF THE FOUNTAINS IMPROVEMENTS WOODPATEL DECEMBER 9, 2021 SECTION 3. KEY POSITIONS SECTION 3. KEY POSITIONS (cont.) Table 3.1 Relevant Key Team Member Experience based on Scope of Work Key Staff |Role |Firm Degrees, Certifications/ Years of Experience Technical Experience Process Delivery Experience Knowledge Skill and AbilitiesPMRDDSCDBPESPDESCCCQCMSBPCP PR O J E C T MA N A G E M E N T Nicholas Brown, PEWOODPATEL Project Principal BSCE | PE AZ #45869 | 20 Years ••••••••••••••• First-hand experience of the Town of Fountain Hills plan review, specification development, and bid process. Has signature authority to directly work with the Town to reach contract terms quickly. Karen Hobbs, PEWOODPATEL Contract Project Manager BA, Mathematics | PE AZ #41977 | 27 Years •••••••••••••••Is the engineer of record on 20 roundabouts in Arizona. Is the ACEC representative on the ADOT Standards Committee and the Construction Administration Subcommittee. TE C H N I C A L P O S I T I O N S Diana Kelly, PEWOODPATEL Roadway Design Lead | Utilities BSCE | PE AZ, #46727, CA #69727 | 24 Years •••••••••••••••Has worked as the Roadway Lead for Karen for more than 15 years. Is a rare combination of both a roadway and structural engineer who routinely works with multi-disciplined transportation engineers and landscape architects. Ethan Boyle, PE WOODPATEL Roundabout Design BSCE | PE AZ, #58109 | 16 Years •••••••••••••••Led the roundabout designs for Jasper Parkway and Rio Verde Drive (featured in Section 2), as well as roundabouts in the cities in Gilbert, Paradise Valley, Phoenix, Scottsdale, Wickenburg and the Salt River Pima Maricopa Indian Community. Jeff Lothner, ASLA Dig StudioScenic Design Lead BSLA | PLA AZ #6703015 15 Years •••••••••••••• Jeff specializes in park amenities for expansion as well as design of new parks on available land. By taking advantage of natural scenery that is somewhat unique to Fountain Hills, Jeff’s designs allow for the regeneration of life to occur such as at the Fountain Park which is a place that ties the community together. LEGEND ProjectManagement Drainage StructuresRoundabout Design and ConstructionRD DS Construction Document PreparationCD Bid Phase ServicesBP Engineering Services During ConstructionES CCPPlanningDDesignEEstimatingSCSchedule Controls Cost Controls QC QualityControls MSManaging Subcontractors BP Bid Package Management CP Construction Phase ServicesPM Proven leadership committed to success, and to the Town of Fountain Hills. Nicholas Brown, PE, Project Principal As WOODPATEL’s Principal, Nicholas has been an active participant in the transpirations of the project to improve Saguaro Blvd. and to tie the scenic overlook into the downtown community. He is the consummate leader who knows his clients, their goals and their vision for the project. Some projects, such as the Panorama Drive Storm Drain Improvements, are civil engineering that takes place underground but have above ground benefits to be realized by the Town’s residents and the Public Works staff. Other projects, such as this roundabout and tie in to Fountain Park, are an above the ground improvement that will stand the test of time, providing a user experience for the foreseeable future. Both types of projects are what the Town’s Public Works staff deals with on a regular basis. Nicholas delivers excellence on time, on budget, and meets all client expectations. Karen Hobbs, PE, Project Manager Karen’s strength lies in leading this multi-disciplined team to deliver a functional, safe, and maintenance friendly transportation facility to her clients. She is a final design expert, known for leading teams who develop comprehensive plans and specifications that are built. Her can-do attitude is a great match for her inquisitive nature. The best example is that she uses the latest techniques to provide safe and efficient movement of traffic from one place to another. She was the first final design engineer in Arizona to design 12 roundabouts and four bridges on SR 179 in Sedona. The latest transportation software and modeling tools are very complex - tools that Karen knows are critical to the final design engineer. With the complete street concept making its way across the Valley, she is very aware that advanced level skill sets are what set engineers apart from the status quo. Fountain Hills has a true leader in Karen. 8 The Town of Fountain Hills Admin-Procurement 2021-RFQ-007 STATEMENT OF QUALIFICATIONS SAGUARO BOULEVARD & AVENUE OF THE FOUNTAINS IMPROVEMENTS WOODPATEL DECEMBER 9, 2021 SECTION 3. KEY POSITIONS SECTION 3. KEY POSITIONS (cont.) Key Staff |Role |Firm Degrees, Certifications/ Years of Experience Technical Experience Process Delivery Experience Knowledge Skill and AbilitiesPMRDDSCDBPESPDESCCCQCMSBPCP TE C H N I C A L P O S I T I O N S Jeff Minch, PE WOODPATEL Drainage Design Lead BSCE | AZ # #24999, CFM #07678| 35 Years ••••••••••••••Is well respected by the drainage and floodplain industry and agency professionals for his unique knowledge of the topography in the northern Maricopa County municipalities and the propensity for flash floods. Brian Grimaldi, PE Ethos Engineering, LLC Structural Design Lead BSCE, BA, Physics | PE AZ #44976 | 21 Years ••••••••••••••Knows the expectations of the Town for safety from a structural perspective from his recent inspection work at Four Peaks and Golden Eagle Park, and the ramadas at Desert Vista Park. Keith Dahlen, P Ethos Engineering, LLC Geotechnical Design Lead BSCE | PE AZ #25151 35 Years •••••••••••••• Keith’s knowledge of the geotechnical conditions found in the diverse areas of the state, including Fountain Hills, are a large influence on how embankments, bridges, retaining and sound walls are designed and constructed. Keith has performed as the geotechnical engineer of record on more than 300 Arizona projects. John Alcorn, PE CR EngineersLighting Design Lead BSCE| PE AZ #39727 25 Years •••••••••••••• John’s knowledge of electrical power and loads required for lighting parks is instrumental when working for the Town. He has practical experience for lighting streetscapes, and customized facilities for transportation and transit users. He was among the first to use solar in lighting the Desert Botanical Gardens roundabout. LEGEND ProjectManagement Drainage StructuresRoundabout Design and ConstructionRD DS Construction Document PreparationCD Bid Phase ServicesBP Engineering Services During ConstructionES CCPPlanningDDesignEEstimatingSCSchedule Controls Cost Controls QC QualityControls MSManaging Subcontractors BP Bid Package Management CP Construction Phase ServicesPM Table 3.1 Relevant Team Experience (cont.) Firm Name | Responsibility | Description Performed Projects with WOODPATEL Performed Work for Town of Fountain Hills Wood, Patel & Associates, Inc. – Prime, Project Management/Administration, Technical Discipline Coordination, ADA Expertise (Dan Cronin, LEED AP, PMP, CDT), Survey, Scheduling and Overall Project Delivery •• Dig Studio – Subconsultant, Scenic Overlook and Landscape Architecture Design Lead • Ethos Engineering, LLC – Subconsultant, Structural and Geotechnical Design Lead •• CR Engineers – Subconsultant, Electrical Design Lead •• T2 Utility Engineers - Subconsultant, Potholing / SUE • Table 3.2 WOODPATEL Consultant Team Firms It is our recommendation that this team proceed with Final Design, taking into consideration the traffic volumes collected by the Town. At the request of the Town, the WOODPATEL team is prepared to revisit and/or undertake new traffic counts. We have worked with every traffic engineering firm in the Valley in assessing the MAG models for traffic, and any projections on future demands. Additionally, WOODPATEL will consult with our ADA expert, Dan Cronin, LEED AP, PMP, CDT who is affiliated with the National Association of Accessibility Consultants - ADA. RESUME The Town of Fountain Hills Admin-Procurement 2021-RFQ-007 STATEMENT OF QUALIFICATIONS SAGUARO BOULEVARD & AVENUE OF THE FOUNTAINS IMPROVEMENTS WOODPATEL DECEMBER 9, 2021 RESUME Project Principal Nicholas Brown, PE | AZ # 45869 BS Civil Engineering Lawrence Technological University, MI Professional Experience: 20 Years Total Role for WOODPATEL: Nicholas will serve the Town as the Project Principal. Nicholas has worked with Dig Studio and Ethos on numerous award- winning projects and has the authority to assure that quality plans are developed for the Town within budget, and on time to coincide with the Town’s CIP program. Availability and Commitment: 100 % (as necessary) Gilbert Regional Park - Phase I (With Dig Studio, presented in Section 2) Gilbert, AZ Dig Studio served as the prime firm, with WOODPATEL providing civil engineering design services for revised master-planning through final approved construction documents for the initial 60-acres of Gilbert Regional Park. Gilbert Regional Park is a 260-acre multi-phased recreational park that capitalizes its former use for stormwater drainage to become a lake amenity. Full build out will take place over the next 20 years. WOODPATEL’s master- planning responsibilities included conceptual grading updates and revised drainage analysis of the future Chandler Heights Basin to take advantage of recent reductions in storage requirements for the basin. This effort resulted in adding more than 40 acres of high-and-dry area to the park and reduced the required future excavation of the basin by approximately 1.2 million cubic yards, allowing the Town to utilize more of the recreational use easement for Phase 1 of the Park and leaving the majority of the Town’s 40 acres for future opportunities. Construction document services included a phased improvement plan package tailored to meet the strict construction timeline of the Project. Packaged improvements were separate, and included final grading, drainage, paving and utility service improvements for the first 30-acres of the park, which included the playground and splash pad hub, main restroom, parking lots and half-street collector road access from Queen Creek Road; similar was our scope for the work which includes a great lawn, 8-acre lake, sport courts, additional restrooms, parking lots and full build-out of entry collector road access from Queen Creek and Higley Roads. Pioneer Park and Community Connectivity (With Dig Studio, Presented in Section 2) Mesa, AZ Principal/Project Manager working with Dig Studio. One of the oldest parks in Mesa, Pioneer Park is located north of the Jesus Christ of Latter-day Saints Church – Arizona Temple. Home of memorial gardens, a historical locomotive, and statue that honors the accomplishments of the pioneers the park is named for, Pioneer Park was expanded by Dig Studio and WOODPATEL. The north end of the 18-acre park received a new iconic playground structure complete with at grade and elevated meandering walkways, a splash pad feature and shade structures. Improvements also included new basketball courts, and updated restroom facility and remodeled horseshoe venue. Features were designed to be in compliance with ADA and engaging for all ages. WOODPATEL provided civil engineering services that included on-site grading, drainage and utility design; as well as off-site parking lot and on-street parallel parking improvements. Jasper Parkway Roadway Improvements, Roundabouts,and Master Planned Community Phase (Presented in Section 2) Prescott Valley, AZ Principal for preliminary roadway assessments, and full construction documents for four miles of arterial roadway. Analysis was completed at all intersections for feasibility of single and multi-lane roundabouts. Three intersections along Jasper Parkway were selected to be designed as roundabouts for operational benefits and pedestrian and bicycle safety. Additional elements included maintaining the regional drainage and the relocation of the Iron King Trail, a regional multi-use facility that connects Prescott Valley to the Granite Dells Recreational Area and Prescott. “ Wood, Patel & Associates did an excellent job. I would definitely work with them again. ” – Jeff Shelton, PE Flood Control District of Maricopa County Gilbert Regional Park Basis for Selection Nicholas’s Leadership Value • Nicholas cares about the Town of Fountain Hills. He is the best client advocate that knows and appreciates the importance of this project to the Town. • He was instrumental in developing this team with Dig Studio, Ethos and CR Engineers. He worked to bring the Town the best engineers and landscape architects to bring the vision to reality. • Nicholas was also an instrumental member of the Dig Studio team which garnered two major awards for the Gilbert Regional Park, Phase I. Relevant Experience RESUME The Town of Fountain Hills Admin-Procurement 2021-RFQ-007 STATEMENT OF QUALIFICATIONS SAGUARO BOULEVARD & AVENUE OF THE FOUNTAINS IMPROVEMENTS WOODPATEL DECEMBER 9, 2021 RESUME Project Principal Nicholas Brown, PE (cont.) Rio Verde/Dynamite Road Roundabouts, Roadway Improvements (Presented in Section 2)Scottsdale, AZ Principal for WOODPATEL providing roadway design for the widening of one mile of an existing two-lane rural arterial roadway to include bike and turn lanes. The roadway included design for two, three-leg single-lane roundabouts that with minor modification will accommodate a future two- lane roundabout. Due to limited right of way, new guardrail was installed for safety measures. Other services included survey, street lighting, two new culvert crossings and one culvert extension and coordination for relocation of underground and overhead utilities. While our contract was through a private developer, the design, construction documents, and permitting was through the City of Scottsdale’s design guidelines. WOODPATEL also performed construction administration services during construction of the roundabouts and improvements to the arterial roadway. Panorama Drive Storm Drain Improvements Fountain Hills, AZ Principal/Project Manager for civil engineering for approximately 3,500 feet of storm drain improvements and nuisance water pump replacement design. The storm drain improvements replaced a failing CMP storm drain system and extended the outfall location to near/around the existing nuisance water pump. The nuisance water pump is proposed to be replaced with a submersible push pump type with modified/upgraded electrical connection and controls. White Thorn South - Norterra Planned Unit Development Phoenix, AZ Project Manager for full civil engineering design services for the White Thorn South public/private improvements for the Norterra Planned Unit Development (PUD) project located at the northeast corner of Happy Valley Road and Norterra Parkway in Phoenix, AZ. White Thorn South Road was an existing private roadway providing ingress/egress to the USAA campus. White Thorn South was reconfigured with the PUD and converted to a public road right-of-way and classified as a Major Boulevard. The project included public and private water, sewer and storm drain infrastructure improvements following the new public roadway alignment and the new private access road on the USAA campus. Construction documents included public and private water, sewer, grading, drainage and utility relocation plans. Post design services included construction observation and shop drawing approvals. Patagonia Lake State ParkNogales, AZ Project Manager for engineering services. Patagonia Lake is a hidden treasure offering campground, beach, picnic area with ramadas, tables & grills, a creek trail, boat ramps, and a Marina. Tracks of the New Mexico/ Arizona railroad lie beneath the lake and remnants of the old historic line may be found at the Nature Conservancy in Patagonia. WOODPATEL provided infrastructure planning and construction documents for directing water and wastewater extensions, connecting roadways, drainage channels and culverts, earthwork (cut & fills),and an overflow parking area to support new revenue generating cabins and park guests. A critical component of the design was determining cost-effective ADA compliance routes that made best-use of existing infrastructure. Coordination of the entire design team which included services for federal permitting, environmental, landscape, and electrical was required. Services also included construction management and review-approval of contractor invoices. Rockin’ River Ranch State Park Camp Verde, AZ Project Manager for the civil engineering for the master planning efforts for the development of Rockin’ River Ranch State Park. The 209-acre state park balances the park’s natural resources, and history with future revenue- generating outdoor recreational activities. Services include site development opinions, compliance opinions of development and land uses within the FEMA floodplain, hydraulics analysis, infrastructure (water, wastewater & dry utilities) analysis, and land survey. Design and development decisions were made to respect existing land features, support minimize disturbances, low impact design options, and support sustainability initiatives. Roundabout at Rio Verde Drive is a multi-modal roundabout that includes functioning operations for pedestrians crossing Rio Verde Drive. Panorama Drive Storm Drain Improvements alleviate flooding occurrences near El Lago Blvd. RESUME The Town of Fountain Hills Admin-Procurement 2021-RFQ-007 STATEMENT OF QUALIFICATIONS SAGUARO BOULEVARD & AVENUE OF THE FOUNTAINS IMPROVEMENTS WOODPATEL DECEMBER 9, 2021 RESUME Project Manager Karen Hobbs, PE | AZ # 41977 BS Civil Engineering University of Arizona Professional Experience: 27 Years Total Role for WOODPATEL: Karen leads WOODPATEL’s Transportation Department in delivering transportation facilities that function, roundabouts that work, and is in sync with all regulatory and guidance manuals such as the MUTCD, RODEL, SYDRA, and MAG Standards. Availability and Commitment: 100 % (as necessary) Mayo Boulevard, Hayden Road to Perimeter Drive Scottsdale, AZ Design Manager for the planning and construction documents for Mayo Boulevard. Designed to manage traffic flows for the north access point to SR101L for the adjacent commercial district and residential communities, intersection alternatives were evaluated for safety of pedestrians/bicyclists while maintaining accessibility for semi tractor-trailers and commuter traffic. Improvements include expansion of the roadway to four lanes; maintaining local drainage patterns; and installation of three roundabouts. Evaluation included overall footprint, capacity analysis, truck turning movements, multi- modal features, and long-term maintenance considerations. Construction is estimated to begin in Fall 2021. SR-179, Village of Oak Creek to Sedona (With Ethos)Sedona, AZ Senior Project Engineer/Project Manager on a team that used a context- sensitive design approach by creating consensus with the community to develop a Needs Based Implementation Plan for a 9-mile corridor that was the basis for the final construction documents. The $70 million project involved the design and construction of 12 roundabouts; 4 bridges; multiple retaining walls; drainage systems, curb, gutter, and sidewalk; and extensive utility relocations through a narrow right-of-way corridor. The project involved multiple agencies, including the Coconino National Forest, Village of Oak Creek, Yavapai County, Coconino County, City of Sedona, ADOT, and Federal Highway Administration. JW Powell Blvd./I-17/SR89A Improvements Flagstaff, AZ Project Manager for development of a Project Assessment and Traffic Analysis for reconstruction of the southbound I-17 ramps with JW Powell, SR 89A, and main entrance to the Coconino County Fairgrounds and Fort Tuthill in Flagstaff. This project evaluated the capacity and safety improvements of three closely spaced intersections that during the summer months need to accommodate high volumes attending fairground activities. The preliminary assessment document evaluated three intersection reconfigurations with the preferred alternative selected as tandem single-lane roundabouts. Estrella Parkway, West Vineyard Avenue to MC85 (With Ethos) Goodyear, AZ Design Manager for alternative development and analysis for Estrella Parkway. Project includes evaluation to construct a twin 2,200-foot-long bridge over the Gila River, a twin 120-foot-long bridge over the Buckeye Water District canal, and capacity and safety improvements for 1.5-miles of scenic arterial roadway. Development included typical section decisions and intersection alternatives; drainage improvements; bridge types; estimated construction costs; delivery method evaluation; and preliminary construction phasing. Utility coordination was started to establish clearance and design requirements for the multiple high-voltage power transmission corridors and critical water services to Palo Verde Power Plant. “ ... you are one of the best PM’s in my career so far. It is my pleasure to have your help for all project deliverables. I am looking forward to having all Transportation Enhancement Alternatives projects completed on time. – Vivian Li, ADOT Project Management Group Basis for Selection Karen’s Leadership Value • Karen is the leader that her teammates place their confidence in to achieve the vision and goals of the client. • She excels at leading production of final design plans, writing project specifications, and providing accurate estimates that stand the test of constructability and bidability. • She has successfully delivered nearly $1 billion in award-winning design and construction. Her experience to minimize Owner risk is a testament to her ability to think like a contractor while designing like an engineer - a rare combination. Relevant Experience ” RESUME The Town of Fountain Hills Admin-Procurement 2021-RFQ-007 STATEMENT OF QUALIFICATIONS SAGUARO BOULEVARD & AVENUE OF THE FOUNTAINS IMPROVEMENTS WOODPATEL DECEMBER 9, 2021 RESUME Project Manager Karen Hobbs, PE (cont.) Main Street ImprovementsYuma, AZ Project Manager for a design involving approximately three blocks of rehabilitated and new roadway within historic downtown Yuma. The project reestablished Main Street as a through travel way for vehicles, replaced the aging sewer system with a modern system, completed the fire suppression system to adjacent buildings, provided new landscape and interactive fountains, and installed a consistent streetlight system. It included traffic analysis and operational evaluation of a compact roundabout at the 3rd Street and Main Street intersection. The project was completed in coordination with ADOT and funded through a TEA-21 grant. Consolidated Canal Multi-Use Path Phase IIA and IIBMesa, AZ Project Manager responsible for the final design plan development of a multi-use path along Salt River Project (SRP) canal right-of-way from 8th Street to Lindsay Road. Project features include approximately 2.6 miles of new multi-use path, new pedestrian bridge structure over the canal, roadway improvements in medians, and planning future lighting along canal including underground installation. Multi-use path construction also included rest area south of Lindsay Road with seating, shade ramada, bike racks, water fountain, and block retaining wall. Sky Harbor Blvd. and Circulatory Roads at Phoenix Sky Harbor AirportPhoenix, AZ Karen served as Engineer-of-Record for the roadway and traffic improvements from I-10 and Sky Harbor Blvd. to the new western Ground Transportation Center and circulatory roadways at the west end of the airport, adjacent to I-10. Development included evaluation of roadway and intersection design for ingress/egress to airport facilities; pedestrian circulation at West Ground Transportation Center; airport facility maintenance; fuel depot, and the FEMA emergency center. Design included bridge, retaining walls, storm drain, street lighting, traffic signals, and utility relocation. Baseline Road, Lindsay Road to Greenfield RoadGilbert, AZ This project was a first within the state of Arizona delivering a transportation project under the Construction Manager at Risk procurement method. Delivered by the Town of Gilbert and in coordination with the City of Mesa, Karen served as the Design Project Manager that widened Baseline Road to a six-lane facility including bike lanes, intersection improvements, landscape medians, lighting, signal interconnect, storm drain improvements; Salt River Project (SRP) irrigation reconstruction; and rehabilitation and widening of the Consolidated Canal Bridge. Extensive coordination was undertaken with SRP to complete irrigation relocations, bridge construction, and Sun Circle Trail improvements all within the six-week dry-up season window Flagstaff Urban Trail System, Fourth Street Flagstaff, AZ Karen was Contract Manager for this project which completed missing segments of urban trail system along Fourth Street between Huntington Drive and Butler Avenue. Project included ADA compliant pedestrian improvements, roadway and drainage; bicycle lane with transitions to existing roadway and bridge conditions, and utility coordination. Section 4(f) evaluation was completed during design to address trail closures and detours during construction. Coordination was required to dovetail trail improvements into the future Fourth Street Overpass at I-40 project and the planned Butler Avenue project minimizing throw-away trail improvements. The SR 179 roundabouts included a scenic overlook, and the first time a bridge was integrated into the roundabout design. Roundabouts at JW Powell Blvd. in Flagstaff that will serve the future Medical Center to the west, and the airport on the east of I-17 RESUME The Town of Fountain Hills Admin-Procurement 2021-RFQ-007 STATEMENT OF QUALIFICATIONS SAGUARO BOULEVARD & AVENUE OF THE FOUNTAINS IMPROVEMENTS WOODPATEL DECEMBER 9, 2021 RESUME Roadway Design Lead Utility Coordination Diana Kelly, PE | AZ # 46727, CA #69727727 BS Civil EngineeringCA State Polytechnic University, Pomona Professional Experience: 24 Years Total Role for WOODPATEL: Diana will lead the roadway and roundabout design in working with the team on the geometry to accommodate the roundabout and signing and striping for this multi-modal experience. Availability and Commitment: 100 % (as necessary) Mayo Boulevard, Hayden Road to Perimeter Drive Scottsdale, AZ Roadway Lead for the planning and construction documents for Mayo Boulevard. Designed to manage traffic flows for the north access point to SR101L for the adjacent commercial district and residential communities, intersection alternatives were evaluated for safety of pedestrians/ bicyclists while maintaining accessibility for semi tractor-trailers and commuter traffic. Improvements include expansion of the roadway to four lanes; maintaining local drainage patterns; and installation of three roundabouts. Evaluation included overall footprint, capacity analysis, truck turning movements, multi-modal features, and long-term maintenance considerations. Construction is estimated to begin in Fall 2021. SR-179, Village of Oak Creek to Sedona (With Ethos)Sedona, AZ Roadway Lead on a team that used a context-sensitive design approach by creating consensus with the community to develop a Needs Based Implementation Plan for a 9-mile corridor that was the basis for the final construction documents. The $70 million project involved the design and construction of 12 roundabouts; 4 bridges; multiple retaining walls; drainage systems, curb, gutter, and sidewalk; and extensive utility relocations through a narrow right-of-way corridor. The project involved multiple agencies, including the Coconino National Forest, Village of Oak Creek, Yavapai County, Coconino County, City of Sedona, ADOT, and Federal Highway Administration. JW Powell Blvd./I-17/SR89A Improvements Flagstaff, AZ Roadway Lead for development of a Project Assessment and Traffic Analysis for reconstruction of the southbound I-17 ramps with JW Powell, SR 89A, and main entrance to the Coconino County Fairgrounds and Fort Tuthill in Flagstaff. This project evaluated the capacity and safety improvements of three closely spaced intersections that during the summer months need to accommodate high volumes attending fairground activities. The preliminary assessment document evaluated three intersection reconfigurations with the preferred alternative selected as tandem single-lane roundabouts. Estrella Parkway, West Vineyard Avenue to MC85 (With Ethos) Goodyear, AZ Roadway Lead/Utilities Coordinator for alternative development and analysis for Estrella Parkway. Project includes evaluation to construct a twin 2,200-foot-long bridge over the Gila River, a twin 120-foot-long bridge over the Buckeye Water District canal, and capacity and safety improvements for 1.5-miles of scenic arterial roadway. Development included typical section decisions and intersection alternatives; drainage improvements; bridge types; estimated construction costs; delivery method evaluation; and preliminary construction phasing. Utility coordination was started to establish clearance and design requirements for the multiple high-voltage power transmission corridors and critical water services to Palo Verde Power Plant. “ The I-10 Prince to Ruthrauff Road project was one of the most complete and thorough set of plans prepared by a consultant [D. Kelly] that I had the opportunity to prepare for bid.” – Rashidul Haque, ADOT Project Management Group Basis for Selection Diana’s Technical Value • Diana’s design expertise encompasses both roadway and structural elements.• She is well-versed in the benefits of 3D renderings that show horizontal conflicts to be avoided • She is experienced in Infraworks and 3D CAD files with Dig Studio - roadway, roundabout, park and trail improvements as one cohesive project.• Diana’s utility coordination efforts have been applauded by clients, and by contractors for clearances meeting design and construction schedules. Relevant Experience RESUME The Town of Fountain Hills Admin-Procurement 2021-RFQ-007 STATEMENT OF QUALIFICATIONS SAGUARO BOULEVARD & AVENUE OF THE FOUNTAINS IMPROVEMENTS WOODPATEL DECEMBER 9, 2021 RESUME Roadway Design Lead Diana Kelly, PE (cont.) Consolidated Canal Multi-Use Path Phase IIA and IIBMesa, AZ Project Manager responsible for the final design plan development of a multi-use path along Salt River Project (SRP) canal right-of-way from 8th Street to Lindsay Road. Project features include approximately 2.6 miles of new multi-use path, new pedestrian bridge structure over the canal, roadway improvements in medians, and planning future lighting along canal including underground installation. Multi-use path construction also included rest area south of Lindsay Road with seating, shade ramada, bike racks, water fountain, and block retaining wall. SR 77 (Oracle Road), River Road to Calle ConcordiaTucson, AZ Oracle Road is a main arterial for the City of Tucson, and this project rehabilitated the existing pavement, constructed dual left turn lanes, installation of curb and gutter for medians and outside edges for multiuse sidewalks, ADA-compliant sidewalk ramps, landscape, and pedestrian lighting for 5 miles. Diana was the consultant Project Manager responsible for intersection capacity and safety improvements at Magee Road; utility coordination; traffic signal modifications constructability and phasing development, project specifications and review of the performance-based practical design solutions. Coronado Avenue, Park Avenue to Country Club DrivePrescott, AZ Through a hilly, historic neighborhood just west of downtown Prescott, this project completed a much-needed multiuse path and drainage improvement to increase the safety of students walking to and from the Lincoln Elementary School. This project constructed sidewalk, ADA-compliant sidewalk ramps, surface drainage features, utility relocations, and driveway reconstructions in extremely constrained right-of-way. Diana was the Project Manager for this City of Prescott project through ADOT’s Local Public Agency program, which required significant environmental coordination due to the historic designation of the neighborhood. 67th Avenue and Orangewood AvenueGlendale, AZ Diana was the Project Manager for development of scoping and final design documents for the expansion of pedestrian connectivity adjacent to 67th Avenue from Glendale Avenue to Orangewood Avenue and along Orangewood from 67th Avenue to Grand Avenue. The project included design of sidewalks, ADA-compliant sidewalk ramps, traffic signal modifications and street/pedestrian lighting to expand pedestrian connectivity along 67th and Orangewood Avenues. The project included pavement reconstruction and storm drain rehabilitation of Orangewood Avenue due to age and heavy commercial and agriculture equipment use. Close coordination was undertaken to reduce impacts to adjacent utilities, residential, and commercial properties in development of driveway locations, profiles and improvements to limit right-of-way impacts. The project was designed and constructed with CMAQ funding. Joshua Drive at SR 72 Intersection ImprovementsBouse, AZ Project Manager for the development of project assessment and final construction documents for safety and capacity improvements within the rural town of Bouse. Improvements included turn lanes at the intersection of SR 72 and Joshua Drive, pavement rehabilitation and road safety assessment for adjacent regional elementary school. Constructability and traffic control were key elements of design as access to SR 72 and Joshua Drive had to be maintained for school and emergency access for the community. Design included coordination with ADOT in-house design staff for packaging adjacent project together into one; coordination with the Arizona & California Railroad (Genesee & Wyoming); and significant utility coordination for the relocation of telecommunication lines and APS OH 69kV lines. The Mayo Blvd. roundabout accommodates trucks, cars and pedestrians in a busy North Scottsdale location. At the Consolidated Canal Multi-Use Paths in Mesa a new pedestrian bridge was designed and constructed over the Canal as well as incorporating a ramada and park amenities. RESUME The Town of Fountain Hills Admin-Procurement 2021-RFQ-007 STATEMENT OF QUALIFICATIONS SAGUARO BOULEVARD & AVENUE OF THE FOUNTAINS IMPROVEMENTS WOODPATEL DECEMBER 9, 2021 RESUME Role for Dig Studio: Jeff will lead the landscape architecture related to the scenic overlook in Fountain Park, and the overall landscape architecture for the roundabout. He will work with the team, including John Alcorn, PE, to confirm lighting types and locations. Availability and Commitment: 100 % (as necessary) Jeff has a diverse background in art, urban design and landscape architecture. He has worked at a variety of scales, including commercial/ community development, public parks, streetscape enhancements, transportation, and municipal facilities. “ The landscape vision laid out and presented by Dig Studio really takes the feedback and work over the past several months and coalesces around an approach that is not only unique and beautiful but it is also generative and thoughtful in ways that provokes exploration in children and adults alike. ” – James Culver | Director of Special Projects, All Saints’ Episcopal Day SchoolBasis for Selection Jeff’s Technical Value • Jeff is a gifted landscape architect who identifies with the end user experience to create innovative solutions to complex challenges - with the result of an award-winning project perfectly placed and used by the community.• Jeff’s talent lies in creating the sense of place so important to the overall experience. Knowing the programmed costs drives Jeff’s creative juices and he delivers. • Jeff and Dig Studio has worked with WOODPATEL on several community venues. Relevant Experience Scenic Design Lead Jeff Lothner, ASLA | PLA AZ # 67030 Dig Studio BS Landscape Architecture Arizona State University Professional Experience: 3 Years with Dig Studio / 15 Years Total Through a context sensitive approach his projects use innovative and sustainable solutions that realize the program and client’s vision. Jeff has experience taking a project from site analysis, planning and inventory through design, documentation and construction. Downtown Phoenix Wayfinding, Downtown Phoenix Partnership, Phoenix AZ StoneHaven Park, Pulte, Glendale, AZ Nueve Park, City of Phoenix Parks & Recreation, Phoenix, AZ Friendship Park, City of Avondale Parks and Recreation, Avondale, AZ Phoenix Well Site Beautification, City of Phoenix, Phoenix, AZ North Community Park, City of Peoria Parks Recreation & Community, Peoria, AZ Arizona Ave Pocket Park, City of Chandler, Chandler, AZ Great Park: Eastmark, DMB Associates, Mesa, AZ Tres Rios Recreation Component, City of Phoenix Parks & Recreation, Phoenix, AZ Significant Corridors, Town of Paradise Valley, Paradise Valley, AZ North West Extension II, Valley Metro, Phoenix, AZ Central Station, Valley Metro/City of Phoenix, Phoenix, AZ College Ave. Improvements, City of Tempe, Tempe, AZ Tempe Streetcar AA, Valley Metro/ City of Tempe, Tempe, AZ Maple Ash Traffic Calming, City of Tempe, Tempe, AZ Avondale Transit Center Planning, City of Avondale, Avondale, AZ San Luis Streetscape Improvements, Arizona DOT/City of San Luis, San Luis, AZ City of Phoenix Well site beautification at 73rd Ave. and Crittenden - the design team integrated LID techniques along with a xeric plant palette providing a low-maintenance passive green space that can be inhabited briefly or viewed in passing. At this site located at 63rd Avenue & Osborn, public art becomes a walkway and a means of creating areas for water harvesting and Artist Barbara Grygutis’, sculpture is the funnel through which the water is collected for the site. 9 The Town of Fountain Hills Admin-Procurement 2021-RFQ-007 STATEMENT OF QUALIFICATIONS SAGUARO BOULEVARD & AVENUE OF THE FOUNTAINS IMPROVEMENTS WOODPATEL DECEMBER 9, 2021 SECTION 4. PROJECT APPROACH SECTION 4. PROJECT APPROACH P D E SC CC QC MS BP CPPlanningDesignEstimatingSchedule Controls Cost Controls Quality Controls ManagingSubcontractors Bid PackageManagement Construction Phase Services Our approach reflects a true unification of team experience spanning decades throughout the region, and more specifically in your community ... we share a vested interest in your project’s success. Team members are focused on infrastructure initiatives designed to enhance and maintain safety, security and overall community-wide pride, which is so much the fiber of Fountain Hills. The WOODPATEL team includes two ADA certified staff members, Dan Cronin and Robert Saunders. Project Understanding The intersection of Avenue of the Fountains (AoTF) and Saguaro Blvd. is the gateway between the downtown area (Central Business District) and Fountain Park, the Town’s signature destination for outside activities and many regional events. There are two projects currently in the Town’s Capital Improvement Plan (CIP) for design and construction by the end of FY22- 23 for this area. The first project, Saguaro and AoTF Roundabout (S6069), will reconstruct the intersection to balance mobility and pedestrian safety with the traffic volumes of Saguaro Blvd. The second project, Fountain Park Access Improvements and Overlook, (P3016), will construct a new pedestrian destination to enjoy the viewshed of the fountain and park. This project includes a new ADA-compliant access to the lake’s concrete path. WOODPATEL’s understanding of the projects are based on several conversations with the Town’s Public Works Director, Justin Weldy; review of the record drawings and the construction notes from rehabilitation of Saguaro Blvd. (CM Services completed by WOODPATEL in 2014 for the Town); utility record drawings; and review of the Town’s planning documents for both projects. Most importantly, the understanding and approach was influenced by our field visit to actually take in the technical challenges and the experience of the end user - whether vehicle, bicycle, pedestrian, or user of Fountain Park. Based on those discussions, WOODPATEL is presenting in the following pages: • Our approach to all major tasks and features for the two projects.• Our understanding of the challenges of both projects, potential solutions, and benefits. • Our approach to construction administration of both projects in a timely and efficient manner. P APPROACH TO PLANNING WOODPATEL’s approach to planning includes an extremely important step - refinement of how the Town would like to execute the intersection and overlook development seamlessly. Each project has an individualized set of critical issues, key technical disciplines, and cost. However, these projects are tied together to provide a cohesive vision for downtown. As a Town gateway, residents and visitors will be able to view the Fountain and desert vistas from the overlook and have more convenient (ADA-compliant) pedestrian access to the lake’s path, while the intersection improves the safety and access to the overlook from the downtown businesses and greenbelt. Planning activities include: • Finalize approach with Project Manager, Justin Weldy, for joint-project development. • Finalize project’s schedule, milestone submittal dates, and cost reviews.• Complete follow-up site visits to confirm existing conditions and utility dispositions.• Begin coordination with all utilities – hold utility coordination kick-off meeting. • Discuss with Town project’s critical issues, site considerations, and public perception.• Provide work plan that details the project scope, schedule, team members, design references and team’s QA/QC procedures. • Develop design principals for overlook aesthetics and features. Key Coordination Items • Project Kick-off Meeting• Engineering Program Meeting• Key internal Stakeholders 10 The Town of Fountain Hills Admin-Procurement 2021-RFQ-007 STATEMENT OF QUALIFICATIONS SAGUARO BOULEVARD & AVENUE OF THE FOUNTAINS IMPROVEMENTS WOODPATEL DECEMBER 9, 2021 SECTION 4. PROJECT APPROACH SECTION 4. PROJECT APPROACH (cont.) APPROACH TO DESIGNING The WOODPATEL team’s understanding of the design elements of the two projects is outlined in Figure 4.1. The main technical considerations are discussed in the following paragraphs along with their associated solutions and benefits. Utility Coordination & Relocations: As identified in 2011’s Intersection Alternative Analysis (IAA), there are seven utilities that require coordination throughout design development. A key consideration in design development is early designation/ location services to mitigate the potential utility conflicts and avoid schedule impacts. As noted in the IAA, the SRP duct bank running parallel adjacent to Saguaro’s west curb line is of special interest. Due to significant timelines associated with SRP relocation, minimizing, or avoiding impacts is key for schedule management. Key Coordination Items • Progress Meetings (bi-weekly)• Town Construction Manager Coordination • Lead Utility Coordination Meetings• Public Meeting Participation D Benefits • Increased area for pedestrian/bicyclist amenities adjacent to downtown• Excavation reduced therefore minimizes disruptions to adjacent businesses • Minimizes schedule risk due to unknown utility Figure 4.1 Capitalizing on some of the best scenery in Arizona including views of the Four Peaks and beautiful sunsets over the McDowell Mountains. Benefits • Elliptical roundabout utilizes existing ROW efficiently and avoids utility concerns.• Increases pedestrian & bicycle safety by reducing Saguaro Blvd. crosswalk lengths. WOODPATEL’s Solution: In the last 15 years, elliptical central islands have been utilized in conditions where there are unbalanced directional traffic flows; high percentage of trucks; or intersecting roadway geometrics are unique. This intersection is especially unique for all three of these conditions: • 91% of total volume during PM Peak Hour is traveling on Saguaro Blvd.• Saguaro Blvd. is designated as a truck route. • AoTF is a parkway with a 62-foot wide median. For these reasons, WOODPATEL recommends an elliptical central island for the roundabout. WOODPATEL’s Solution: To minimize impacts to existing utilities and reduce risk of excavation in proximity to utilities, the central island of the intersection was moved east, reduces excavation of existing slopes by 90% and eliminates impacts to SRP duct bank, Epcor Water, and Southwest Gas. Roundabout Design: Over the past 30 years, engineers have utilized circular central islands for modern roundabouts, as shown in the 2011 IAA. Balancing the traffic volumes, operational capacity, and safety of pedestrians and bicyclists are the goals to roundabout design. The challenge for this intersection is that the circular roundabout does not blend well with roadway geometry; the availability right-of-way and existing features; and meet the volume demands/truck percentages on Saguaro Blvd. Channelize Lane Away From Existing Traffic Existing Angle Parking To Remain Existing R/W Existing Sidewalk (Remove) New 12’ Sidewalk for Pedestrian and Bicyclists Use New Bicycle Entrance Ramp - (Typ) Allows Cyclists an Alternate Path Match Existing Sidewalk To Maintain Business Access Existing Clock Requires Relocation Existing Fountain (2015)Protect In Place Existing Angle Parking To Remain Existing R/W Existing Turnaround to Remain Open During Construction Av e n u e o f t h e F o u n t a i n s Existing R/W New 12’ Sidewalk for Pedestrian and Bicyclists Use Lane Geometry to Accommodate WB67Designated Truck Route Fountain Channel Saguaro Boulevard Existing R/W Reconstruct Lighting for Saguaro Pedestrian Crossings and Install Overlook Lighting - Cohesive Feature Amphitheater Seating on Overlook Reduces Retaining Wall and Earthwork Costs Floodway Limit Frisbee Golf Tee Box Requires Relocation Saguaro Boulevard Landscape Area to Eliminate Line of Sight Through Roundabout Fountain Park 11 The Town of Fountain Hills Admin-Procurement 2021-RFQ-007 STATEMENT OF QUALIFICATIONS SAGUARO BOULEVARD & AVENUE OF THE FOUNTAINS IMPROVEMENTS WOODPATEL DECEMBER 9, 2021 Saguaro traffic is shifted to SB Lanes with one lane for each direction AoTF is closed to traffic at U-turn lane Saguaro traffic is shifted to new NB Lanes with one lane for each directionAoTF remains closed to traffic at U-turn lane Saguaro traffic utilizes new roundabout pavement for t through movementsAoTF opens to right-in & right-out traffic DURATION – 6 WEEKS DURATION – 6 WEEKS DURATION – 2 WEEKS SECTION 4. PROJECT APPROACH SECTION 4. PROJECT APPROACH (cont.) Benefits • Provides a direct route one-quarter the length of 2017 preliminary layout. • Eliminates retaining walls and slope adjustments along Saguaro Blvd. Benefits • Allows Saguaro Blvd. traffic to be restricted to one-lane for each direction of travel maximizing the work zone.• Longer duration phases reduce overall traffic control costs and increases drivers’ expectations within the work zone. Benefits • Our alternative balances the viewing platform, and provides ADA-compliant routes & amphitheater seating.• Reduces embankment needs by 55% • Eliminates 10-foot-high retaining walls that are shown in the 2017 preliminary design. Overlook Layout & Design: As shown in the 2017 preliminary design, the overlook will provide a viewing platform and entry into Fountain Park from the downtown area. The site challenge is centered on the downslope into the park from Saguaro Blvd. As shown in the preliminary 2017 design, the overlook extends nearly 60 feet into the park requiring costly 10-foot-high retaining walls to support the overlook. Working with the slope and utilizing it in the design is a key consideration for development. WOODPATEL’s Solution: Our team will establish a 2022 cost baseline for 2017 preliminary overlook plan and compare that to our team’s alternative. We will work with the Town to highlight elements that provide the greatest opportunity for cost savings and value engineer the design through cost and constructability perspectives to provide the best value for the Town. ADA-Compliant Route to Lake Path: In discussions with Justin Weldy, the Town would like alternate ADA-compliant access to the Lake Path that is more direct from the Saguaro/AoTF intersection. WOODPATEL’s Solution: Our overlook design provides opportunities for a more direct route to the Lake Path in lieu of the lengthier 2017 design. An all-weather crossing from the overlook would extend over the swale and tie into lake path at similar elevations. To maintain floodway capacity requirements, a prefabricated bridge, archway, or box culvert would be viable options. The costs are comparable; however, reduction of overall construction footprint and duration is significant. Construction Sequencing: Roundabout construction is complex from a staging perspective because it introduces a curvilinear roadway in a similar location to where a linear roadway resides. To maintain traffic through the intersection during construction adds an additional level of challenge. WOODPATEL’s Solution: Shown in Figure 4.2 are the recommended three phases for construction sequencing. Ideally, construction is recommended during the summer months when traffic volumes are at their lowest levels. Figure 4.2 Safe, Efficient Plan for Construction Sequencing Temporary Pavement in central island and splitter islands Fountain Channel: The Fountain Channel immediately adjacent to Saguaro Blvd. in Fountain Park is a FEMA delineated Zone AE floodway which was recently re-delineated in 2020. Based on the new project limits, construction of the overlook will be within the floodway limits. WOODPATEL’s Solution: Although Fountain Channel is a FEMA delineated floodway, the overlook and new path will not negatively impact its function nor its capacity. Confirmed by a call to FEMA, this project will not impact the channel’s elevation nor capacity; therefore, no CLOMR will be required. Only a LOMR, submitted after construction is complete, is required for documentation. WOODPATEL’s approach will be to complete the analysis and LOMR documentation during design development. At construction completion, documents will be finalized and submitted to FEMA for concurrence. It is estimated the Town will receive FEMA approval within four months. • LOMR is coincident with design, it does not impact schedule. This saves $25K and substantial review time (per FEMA). • LOMR development in concert with design will make certain all requirements are met and no extensive analysis will be required post-construction. Benefits The Town of Fountain Hills Admin-Procurement 2021-RFQ-007 STATEMENT OF QUALIFICATIONS SAGUARO BOULEVARD & AVENUE OF THE FOUNTAINS IMPROVEMENTS WOODPATEL DECEMBER 9, 2021 12SECTION 4. PROJECT APPROACH SECTION 4. PROJECT APPROACH (cont.) APPROACH TO ESTIMATING Advertising and constructing both projects together provide the Town better value through economy of scale. WOODPATEL’s approach to estimate development includes: • Verifying quantities and unit costs for accuracy prior to each stage submittal to make certain estimated construction cost estimates remain within Town’s programmed budgets.• Monitoring unit costs of materials and labor within the Phoenix Metropolitan area and applying these trends to project’s estimates will provide a better level of assurance on total construction costs.• Identifying construction risks and contingencies within engineer’s estimate for unforeseen occurrences (i.e., unsuitable soils, force majeure) limits Town’s risk for cost overages. APPROACH TO SCHEDULE CONTROLS As final design engineers, we are aware there is always a critical path we must travel to meet schedule demands. Our experience gives us the in-depth knowledge to know what tasks are on the critical path, why are they important, and how to gauge and resolve schedule impacts as they arise. Monitoring the key milestones, critical path items, and issue resolution are the keys to success in maintaining the schedule’s forward momentum. Monitoring these items while preventing scope creep averts schedule slippage. A component to the progress meetings is a reporting of the team’s adherence to the schedule and effort expended on advancing critical path items. Our proposed schedule (Figure 5.1) identifies each major task identified in the SOQ and the design critical path elements are highlighted in red. SC CCE APPROACH TO COST CONTROLS Maintaining complete, accurate project cost estimates throughout the design life cycle is extremely important for bid advertisement. If any stage estimate approaches the programmed amount for the project, Karen Hobbs will call Justin Weldy to discuss the concern. We will present what elements are driving the costs above programmed amounts and present potential solutions such as: • Reduction of scope • Modification of phasing,• Providing alternate design options, or • Replacing sole-sourced items with more budget-friendly alternatives. Karen used this process with the City of Page’s Lake Powell Blvd. project. Preliminary costs were developed in 2013; the 2019 updated costs exceeded the programmed amount. She facilitated a value engineering call to reach consensus on modifications to project scope which realigned the construction costs with the programmed budget. APPROACH TO QUALITY CONTROLS WOODPATEL’s quality improvement process emphasizes quality plans and a high level of management commitment; the availability of the resources needed to implement our quality policy; assurance in the development of work products; and the measurement, analysis, and improvement of quality as part of Continuous Quality Improvement initiatives. WOODPATEL has a defined set of procedures to efficiently manage this project from a QA/QC perspective. These include: • Project Execution Plan (PEP) - This document includes the project’s scope of work and key personnel; sets forth a detailed project schedule with all milestones and deliverables; and establishes the QA/QC processes. The PEP is distributed to the entire team to make certain the requirements are clear. QC • QA/QC completed two weeks preceding a milestone submittal date. This time frame is a blackout period. All design work ceases and the team switches into the QC mode. All design plans, specifications, quantities, and calculations are checked to project standards and design guidelines have been followed and complete. • Interdisciplinary Check is completed at the 60% and 95% submittals. This check allows each discipline an opportunity to verify corresponding information and to make referential integrity on the project plans. After the QC process, our Principal, Nicholas Brown, will complete the QA. This check makes certain that the QC process was followed, and all project documentation is complete for the submittal. Nicholas’ role unites the quality process with design development. This compliance will be enforced with our subconsultants so they may develop a process guided by industry best practices to enhance their existing in-house QA/QC programs. WOODPATEL has completed construction documents with this team for previous similar projects. WEEK 1 WEEK 2 Team ReviewConstructability reviews referential integrity produces clear and concise construction documents. Commits to ZERO design conflicts Constructability ReviewMatrix summarizing constructability findings is reviewed by Design Team. Matrix and Risk Register records all design decisions Team MeetingsDiscussion led by QA/QC Team to facilitate resolutions. Promotes awareness across all technical disciplines Back-check SubmittalFinal check is completed by QA Manager. Matrix and Register included in submittal – streamlines Technical Reviews Figure 4.3 WOODPATEL and Dig Studio’s established and proven QA/QC process The Town of Fountain Hills Admin-Procurement 2021-RFQ-007 STATEMENT OF QUALIFICATIONS SAGUARO BOULEVARD & AVENUE OF THE FOUNTAINS IMPROVEMENTS WOODPATEL DECEMBER 9, 2021 13SECTION 4. PROJECT APPROACH SECTION 4. PROJECT APPROACH (cont.) APPROACH TO MANAGING SUBCONTRACTORS • Instilling an industry best practices QC process with our subconsultant and verification of QC process completed prior to each submittal. • Subconsultant attendance at progress meetings as design development progresses. This promotes consistent and frequent communication with entire team to report progress, issues, and resolutions. • Established processes utilizing OneDrive for CADD file sharing between team members. APPROACH TO BID PACKAGE MANAGEMENT • Clear, concise special provisions based on MAG Specifications and MCDOT Bid Items – we know the hierarchy of plan governance, and specs are first, plans are second.• Bidability Reviews prior to 60%, 95%, and 100% submittals for both projects – especially important in the marketplace for materials pricing and supply chain availability. MS BP Figure 4.4: A final product that balances engineering with the sense of place that this roundabout and scenic overlook creates as one community project • Accurate bid schedules for contractors to bid, and prepare Scope of Work packages for their subcontractors.• Denote long lead items to call attention to them such as the bollards/special lighting for the scenic overlook.• Consistent coordination and rapid responses to Town for addressing contractor inquiries.• Assist the Town with confirmation that permits for construction are obtained and provide any backup needed for these permits.• Develop Draft Pre-Bid Conference Presentation in concert with 100% submittal.• Zero Nuisance RFIs that pause the bidding process for an extended period that give contractors more time to bid. Key Coordination Items • Preconstruction Meeting Preparation• Prepare to assist Town with submittal reviews and RFIs at the Preconstruction Meeting APPROACH TO CONSTRUCTION PHASE SERVICES • Provide construction engineering services to help move your project from design to an asset the Town will own and operate.• Assist the Town with Design Services During Construction.• Assist the Town in Bid Evaluation to make certain bids are inclusive of all items and the list of assumptions is not long and arduous.• Turnaround of Shop drawings, RFI and submittal reviews that are within 24 hours of submittal.• Visit and photograph/videography of the jobsite to determine if construction is proceeding in general accordance with the plans and specifications and clarify the design intent when necessary.• Assure that our team of subject matter experts continue on, and are available, to perform construction phase services versus trusting the interpretation of design to less experienced staff. CP ALTERNATE APPROACHES Design • Providing a route for the pedestrians that is more direct and less cumbersome as identified in previous report.• Providing the Town the confidence in our pre-programming documents to accelerate the formal intermediate (60%) submittal and providing a robust 95% submittal – recommend doing this with the WOODPATEL team as we have more than 20 years of experience developing roundabouts and parks.• Combining the bid packages for both projects into one set of bid documents to capitalize on efficiencies and ease of construction. This is in addition to the two independent bid packages in order to give the Town flexibility at bid time.• Preparing the PS&E well in advance of the bid to capitalize on summer construction in 2023. Design and PS&E can be finalized in June 2022, giving the Town flexibility in timing of construction while providing a cost for the CIP budget in 2022.• Assist the Town with grant applications for Outdoor Recreational or Public Works Economic Grants.• Work with the Town to create an educational piece on driving roundabouts. Construction • Assist the Town contractor payment requests.• Perform construction inspection. • Oversee record drawings and contractor closeout process. D CP Figure 4.5: Birdseye view of the final intersection and park tie-in with more direct access to Lake Path The Town of Fountain Hills Admin-Procurement 2021-RFQ-007 STATEMENT OF QUALIFICATIONS SAGUARO BOULEVARD & AVENUE OF THE FOUNTAINS IMPROVEMENTS WOODPATEL DECEMBER 9, 2021 14SECTION 5. PROJECT SCHEDULE SECTION 5. PROJECT SCHEDULE WOODPATEL understands the importance of the Town’s schedule and is dedicated to meeting its needs. As stated earlier, monitoring key milestones, critical path items, and issue resolution are the keys to success in maintaining the schedule’s forward momentum. Consistent monitoring with the Town for progress and resolution will prevent scope creep and avert schedule slippage. Based on discussions with the Town, we understand time is of the essence for the development of updated construction costs for the projects. WOODPATEL’s approach includes full development of the 95% plans and estimate in 2022-2023 costs by June 2022. These estimates will be used by the Town to make adjustments to the Capital Improvement Plan, set to be approved by Town Council during June’s meeting. At the time of the 95% submittal, WOODPATEL considers the design complete and our final step in design development. The 95% submittal provides opportunity for the Town to review the full submittal package and confirm the project is ready to be advertised. This approach reserves the time between the 95% and 100% submittal to focus on bid advertisement and construction schedule. As recommended earlier, the timing for construction is at the Town’s discretion. As traffic volumes and community events are less frequent during summer months, WOODPATEL recommends preparation for bid advertisement during the winter of 2022, bid advertisement in spring 2023, and construction during summer 2023 to minimize impacts to Town residents, community events, and visitors. Figure 5.1: Proposed Project Schedule - Design Complete June 2022 CO N S T R U C T I O N Po s t D e s i g n S e r v i c e s BI D A D V E R T I S E M E N T Ut i l i t y Co o r d Te c h n i c a l An a l y s i s Ke y D e s i g n T a s k s & PS & E P l a n s S t a g e S u b m i t t a l s PREDESIGN DESIGN BID CST Pr o j e c t Ma n a g e m e n t & Co o r d i n a t i o n 2022 2022 – 2023 JAN FEB MAR APR MAY JUN JUL TBD (Based on Funding) NTP KickoffMeeting Public Information Meetings Initiate Project Monthly Progress & Stakeholder Coordination Meetings Utility Coordination & Utility Stakeholder Meetings (at Fountain Hills) Clearance Research – Designating/Locating – Conflict Review Design Relocations Utility Relocations Geotechnical Investigation Rdwy Drainage Floodway Analysis Initial Report Initial Report Final Geotech Report & Pvmt Design Memo Final Report Final Field Survey 30 60CR CR 95 CR 100 BidReadyConcept/ Schematicfor Intersection & Overlook Concept Concurrencefrom Town Intersection/Rdwy Design Street Design Overlook Layout & Detailed Design Signing & Pavement Marking Design Signing & Pavement Marking Design Landscape & Irrigation DesignID Service Points Cost Estimates, Specifications & Special Provisions Monitor Construction Cost Trends to Provide Accurate Cost Estimates for Funding & Value Engineering Design Complete at 95%; Only address comments between 95% to 100% 30 CRQA/QC including InterdisciplinaryLegend:Milestone PS&E Submittal Comment Period & Comment Resolution EXHIBIT B TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND WOOD, PATEL & ASSOCIATES, INC. [Scope of Work-Phase I Intersection Roundabout Design] See following pages. Civil Engineering Water Resources Land Survey Construction Management 2051 W Northern Ave #100 Phoenix AZ 85021 P: 602.335.8500 F: 602.335.8580 www.woodpatel.com Darrel E. Wood, PE, RLS Ashok C. Patel, PE, RLS Michael T. Young, PE Thomas R. Gettings, RLS Darin L. Moore, PE, LEED GA Jeffrey R. Minch, PE, CFM Robert D. Gofonia, PE, RLS Nicholas E. Brown, PE Daniel W. Matthews, PE Ethan A. Boyle, PE Frank M. Koo, PE Gabriel S. Rios, RLS John M. Bulka, PE Daniel J. Cronin, PMP James G. Taillon, CFM Joseph C. Daconta, PE, CFM, PH John G. Ritchie, PE Derek C. Nichols, PE Steven C. McKee, PE Brian J. Diehl, RLS Matthew R. Pruitt, PE, CFM Isaac J. Thomas, PE, CFM Karen C. Hobbs, PE Diana B. Kelly, PE Chelsea J. Trotter, PE Anthony K. Humphrey, PE Patrick Wolf, PE, CFM Darrell E. Smith, PE Loc Nguyen, PE March 2, 2022 Town of Fountain Hills Public Works 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Justin T. Weldy, Public Works Director RE: Saguaro Blvd Roundabout & Fountain Park Overlook and Pedestrian Access to Lake Path Dear Mr. Weldy: Wood, Patel & Associates, Inc. (WOODPATEL) is pleased to provide the Town of Fountain Hills professional engineering services for Saguaro Boulevard Roundabout and Fountain Park Overlook. The attached Cost Proposal was prepared in accordance with the Scope of Work provided in the projects’ Request for Proposal and pre- negotiations meeting held on February 23, 2022. Documents in support of the Cost Proposal include: (a) WOODPATEL’s Scope of Work Clarifications (b) WOODPATEL’s Cost Proposal & Labor Hours Worksheets (c) WOODPATEL’s Direct Expenses Summary (d) Baseline Design Development Schedule (e) Subconsultant Clarifications and Cost Summaries for: a. CR Engineers – Pedestrian Lighting b. DIG Studios – Overlook Design/Landscape Architecture c. Ethos Engineers – Geotechnical Investigations/Structural Design d. Pinyon Environmental – Environmental Services e. T2 Utility Engineers – Utility Designation/Location Services The attached documents provide further details, should you request additional information, please let us know. WOODPATEL looks forward to serving the Town with their transportation needs. Respectfully Submitted, Wood, Patel & Associates, Inc. Karen Hobbs, PE Nicholas Brown, PE Transportation Manager Principal Town of Fountain Hills Saguaro Boulevard & Avenue of the Fountains Basis of Scope of Work WOODPATEL 1 of 5 Town of Fountain Hills – Saguaro Blvd & Avenue of the Fountains March 2, 2022 Wood, Patel & Associates (WOODPATEL) shall be providing the professional services for the two phases of Saguaro Boulevard and Avenue of the Fountains. The two phases include: Phase I – Intersection (Roundabout) Design Phase II – Fountain Park Overlook and Pedestrian Access This document provides additional information and clarifications as provided in our pre-negotiation meeting held on February 23, 2022, at Town Hall and differ from the Request for Qualifications (November 3, 2021) Exhibit B – Scope of Services. This document follows the document’s Sections I through VII; however, this document addresses both project phases as one Project. I. GENERAL. 1.8 Meetings is revised to read: WOODPATEL and our subconsultants shall not attend any public meetings/open houses for the Project. WOODPATEL will provide an electronic file for use as an overlay in Google Earth (.kmz file) for Town personnel to present preferred alternative and linework prior to construction. WOODPATEL shall provide .kmz file at each key milestone of deliverables for Town use. II. PRE-DESIGN SERVICES PHASE. 2.1.A. Project Initiation is revised to read: WOODPATEL shall provide a baseline schedule for the project based on preliminary discussions. The length of services begins with the Notice to Proceed (NTP) through bidding assistance. Estimated time of contract completion is June 2023. The baseline schedule is included in this document as Attachment A. Additional services for post design services (during construction phase) and modifications to project based on federal funding or grant availability will be completed by contract modification. Adjustments to the baseline schedule will be discussed and submitted at the time of those negotiations. 2.2 Development of Engineering Program. is revised to read: WOODPATEL shall complete a Project Assessment (PA) based on the Intersection Alternative Analysis for Saguaro Boulevard and Avenue of the Fountains (September 2011) and Pedestrian Access and Lake Overlook (March 2017). The PA will follow the Arizona Department of Transportation’s (ADOT) policy for development of planning documents for the Project. Park Overlook and Pedestrian Access shall be an additional subsection for Transportation Alternatives in the PA. Cost estimates for the preferred alternatives for the intersection and overlook will be developed separately, but a total project cost will be included in the PA. The scope does not include re-evaluation of the traffic analysis. WOODPATEL shall utilize the data provided in the 2011 report. _________________________________________________ _________________________ ________ Town of Fountain Hills Saguaro Boulevard & Avenue of the Fountains Basis of Scope of Work WOODPATEL 2 of 5 Town of Fountain Hills – Saguaro Blvd & Avenue of the Fountains March 2, 2022 Dig Studios is leading the design of the Park Overlook and associated landscaping and irrigation needs for the Project. Dig Studios’ scope of work clarification document is included as Attachment B. 2.3 Meetings is revised to read: WOODPATEL shall attend one meeting for comment resolution for the Draft PA. WOODPATEL shall record notes of the meetings and shall be distributed to the Project Manager within 7 calendar days of the meeting. DIG Studios, a subconsultant shall also attend this comment resolution meeting. 2.4 Deliverables is revised to read: WOODPATEL shall submit the Draft PA in electronic format for Town review and comment. The comments and resolutions will be documented and submitted as part of the deliverable package of the Final PA. The Final PA submittal shall be an electronic format submittal and be sealed by Arizona registered engineer. 2.5 Project Cessation Provisions is revised to read: Upon receipt of the Final PA, WOODPATEL shall continue to final construction documents unless written notice is provided by the Town. III. DESIGN SERVICES PHASE. 3.1 General is revised to read: The Project will be delivered using a Design-Bid-Build method of procurement. WOODPATEL shall coordinate with Town of Fountain Hills’ Public Works Director, Justin Weldy, and Town Engineer, David Janover, for the development of the project. Monthly coordination meetings will be held during the development of the construction documents and be held at Town Hall with Town personnel and the key consultant team members. WOODPATEL shall record notes of the meetings and shall be distributed to the Project Manager within 7 calendar days of the meeting. 3.2 Surveys and Mapping is modified to add: Legal descriptions and right-of-way maps required for any requested modifications to Saguaro Blvd and Fountain Park right-of-way is not included in this scope of work. 3.2.C. Utility Location Survey is revised to read: WOODPATEL’s subconsultant, T2 Utility Engineers (T2UE), shall complete the designation and investigation for utilities. T2UE’s scope clarifications document is included as Attachment C. 3.2.D. Recording is hereby deleted. 3.3.A. Geotechnical Investigation is modified to add: WOODPATEL’s subconsultant, Ethos Engineering, LLC (Ethos), shall be completing the geotechnical investigations for the Project. Ethos’s scope clarifications document is included as Attachment D. 3.3.B. Pavement Design is modified to add: WOODPATEL’s subconsultant, Ethos Engineering, LLC (Ethos) shall be completing the pavement design for the Project. Ethos’s scope clarifications document is included as Attachment D. Town of Fountain Hills Saguaro Boulevard & Avenue of the Fountains Basis of Scope of Work WOODPATEL 3 of 5 Town of Fountain Hills – Saguaro Blvd & Avenue of the Fountains March 2, 2022 3.4 Public Information Meetings is revised to read: The Town will be responsible for organizing and scheduling public information meetings. The WOODPATEL team shall prepare presentation materials for the Town; however, no team members shall attend these meetings. WOODPATEL shall provide an electronic file for use as an overlay in Google Earth (.kmz file) for Town personnel to present preferred alternative and linework prior to construction. WOODPATEL shall provide .kmz file at each key milestone of deliverables for Town use. The Town will provide the format for public information and Town Council presentations. No additional boards for public information meetings are included in the scope of work. 3.5 Utility Coordination is modified to add: WOODPATEL shall be completing all coordination and correspondence with utilities having facilities within the project limits. Activities for utility coordination and clearance shall be completed in accordance with ADOT’s Utility and Railroad Guidelines if the Town elects to pursue federal funding or grants for construction. WOODPATEL’s subconsultant, T2 Utility Engineers (T2UE), shall be completing the designation and investigation for utilities. T2UE’s scope clarifications document is included as Attachment C. All designation and location efforts 3.6.A. Roadway Design is revised to read: WOODPATEL shall complete the 30% design with tasks outlined in Subsection 2.2. Additional milestones include 60% and 100% submittals of construction documents including an Engineer’s Estimate and Special Provisions. All design shall comply with the Maricopa Association of Governments (MAG) Specifications and Standard Details (current editions), the Town’s amendments to the MAG documents (current editions). 3.6.B. 30% Initial Design Submittal is revised to read: WOODPATEL shall complete the 30% design with tasks outline in Subsection 2.2. All items identified in the Town’s Scope of Work that are not included in the PA, shall be developed and submitted for review and approval with the 60% construction document submittal outlined in Subsection 3.6.C. 3.6.C. 60% Preliminary Design Submittal is modified to add: WOODPATEL shall complete the 60% design submittal in electronic format only. 3.6.D. 95% Final Design Submittal is hereby deleted. 3.6.E. 100% Construction Documents is modified to add: WOODPATEL shall submit a draft 100% set of documents for Town review prior to sealing all documents for bid advertisement. 3.6.E. 100% Construction Documents Submittal Notes #1 - #3 shall be electronic. No hard copies will be provided to the Town. 3.6.E. 100% Construction Documents Submittal Note #6 is hereby deleted. Town of Fountain Hills Saguaro Boulevard & Avenue of the Fountains Basis of Scope of Work WOODPATEL 4 of 5 Town of Fountain Hills – Saguaro Blvd & Avenue of the Fountains March 2, 2022 3.7 Signing Design is modified to add: In addition to the design guidelines identified in Subsection 3.6.A, WOODPATEL shall complete the signing design in accordance with NCHRP Report 672 – Roundabouts, An Information Guide, 2nd Edition (2010) and Maricopa County Department of Transportation Pavement Marking Manual (2020). 3.8 Pavement Marking Design is modified to add: In addition to the design guidelines identified in Subsection 3.6.A, WOODPATEL shall complete the pavement marking design in accordance with NCHRP Report 672 – Roundabouts, An Information Guide, 2nd Edition (2010) and Maricopa County Department of Transportation Pavement Marking Manual (2020). 3.9.A. Cost Estimates is revised to read: WOODPATEL shall prepare detailed quantity summaries and construction cost estimates in excel spreadsheet and pdf format at the 60% and 100% design submittals. The 30% cost estimate shall be prepared as part of the PA, and in accordance with the ADOT guidelines. 3.10.A. Schematic Design (30%) is hereby deleted. 3.10.B. Design Development (60%) is revised to read: WOODPATEL shall provide a draft Special Provisions for review and comment. 3.11.A Special Provisions is modified to add: WOODPATEL shall provide Special Provisions at the 60% and 100% submittals only. 3.12 Bid Schedule is modified to add: WOODPATEL shall prepare a bid schedule at the 60% and 100% submittals only. 3.14.A. Deliverables is revised to read: All submittals for project technical, construction, and general correspondence documents shall be submitted electronically. Due to the size of the construction documents, WOODPATEL shall submit all documents in a OneDrive format, or an electronic file system acceptable to the Town to track submittals and receive review comments. 3.25 Structural Design (New Subsection). WOODPATEL’s subconsultant, Ethos Engineering, LLC (Ethos), shall be completing the structural design for the Project including the overlook, pedestrian access to the Lake Path, and miscellaneous structural elements. Ethos’s scope clarifications document is included as Attachment D. 3.26 Environmental Compliance (New Subsection). WOODPATEL’s subconsultant, Pinyon Environmental (Pinyon), shall be completing the environmental compliance documents for the Project. The documentation shall be completed in accordance with the procedures outlined for ADOT Local Public Agency guidelines for a federally funded project. Pinyon’s scope clarifications document included as Attachment F. Town of Fountain Hills Saguaro Boulevard & Avenue of the Fountains Basis of Scope of Work WOODPATEL 5 of 5 Town of Fountain Hills – Saguaro Blvd & Avenue of the Fountains March 2, 2022 3.26 Pedestrian Lighting Design (New Subsection). WOODPATEL’s subconsultant, CR Engineers (CRE), shall be completing the pedestrian lighting for the roundabout and accent lighting for the overlook. CRE’s scope clarifications document is included as Attachment E. V. CONSTRUCTION PHASE is hereby deleted from the design contract. Construction support (or post design services) will be included by contract modification. VI. POST CONSTRUCTION PHASE is hereby deleted from the design contract. Post construction tasks will be included by contract modification. VII. SCHEDULE OF WORK 7.1 Pre-Design Services. WOODPATEL shall complete all work and services required under the Pre-Design Services within 105 calendar days after written authorization from the Town to proceed. 7.2 Design Services. WOODPATEL shall complete all work and services required under the Design Services within 287 calendar days after receipt of a written authorization from the Town to proceed. 7.3 Bidding Phase. WOODPATEL shall complete all work and services required under the Bidding Phase within 377 calendar days afer receipt of a written authorization from the Town to proceed. 7.4 Construction Phase is hereby deleted. Services for construction phase shall be added by contract modification. 7.5 Post-Construction Phase is hereby deleted. Services for construction phase shall be added by contract modification. Town of Fountain Hills Saguaro Boulevard Avenue of the Fountains Derivation of Fee Summary Wood, Patel & Associates, Inc.New Contract:X Contract Mod: Direct Labor Classification Hour Rate Cost Project Principal 7 $245.00 $1,715.00 Sr. Project Manager 198 $225.00 $44,550.00 Sr. Project Engineer 332 $195.00 $64,740.00 Engineer 304 $110.00 $33,440.00 Sr. Registered Land Surveyor 6 $220.00 $1,320.00 Registered Land Surveyor 28 $160.00 $4,480.00 1-Person Survey Crew 60 $115.00 $6,900.00 2-Person Survey Crew 18 $175.00 $3,150.00 Technician 40 $110.00 $4,400.00 Project Administrator 32 $90.00 $2,880.00 1,025 Subtotal Direct Labor Cost $167,575.00 Direct Expenses Mileage (Personal Vehicle)$345.00 Subtotal Direct Expenses Cost $345.00 Subconsultant Costs (Detail Information shown on Individual Tabs) Subconsultants Cost CR Engineers $26,183.00 Dig Studios $125,336.00 Ethos Engineering, LLC $30,801.12 Pinyon Environmental $11,507.68 T2 Utility Engineers $30,675.00 Subtotal Subconsultant Costs $224,502.80 Total Contract Cost $392,422.80 C:\Users\khobbs\Documents\Cost Proposal\Fountain Hills\SaguaroAoTF\FeeProposal_WOODPATEL_REV_Feb2022.xls 1 of 4 Town of Fountain Hills Saguaro Boulevard Avenue of the Fountains Labor Hours Total Hours Proj Prcpl Sr Proj Mgr Sr Proj Eng Eng Sr. RLS RLS 1-Prsn Srvy 2-Prsn Srvy Tech Admin Phase I - Intersection Roundabout Design II. Pre-Design Services Phase 2.1 Project Initiation 20 8 8 4 2.2 Development of Engineering Program 80 8 28 40 4 2.3 Meetings 8 4 4 2.4 Deliverable Presentation 4 4 II. Pre-Design Services Phases Subtotal 112 0 24 40 40 0 0 0 0 0 8 III. Design Services Phase 3.1 General 8 4 4 3.2 Surveys and Mapping 164 6 28 60 18 40 12 3.3 Materials Investigation and Design 6 2 4 3.5 Utility Coordination 80 8 40 24 8 3.6 Roadway Design 209 1 48 60 100 3.7 Signing Design 57 1 4 12 40 3.8 Pavement Marking Design 37 1 4 8 24 3.9 Cost Estimates 56 4 12 40 3.10 Specifications 20 4 16 3.11 Special Provisions 36 12 24 3.12 Bid Schedule 6 2 4 3.13 Reviews and Submittals 29 1 8 8 12 3.14 Deliverables 4 4 III. Design Services Phase Subtotal 712 4 104 192 240 6 28 60 18 40 20 IV. Bidding Phase; Project Management 4.1 Bid Solicitation 2 2 4.2 Bid Documents 4 4 4.3 Pre-Bid Conferences 4 4 4.4 Inquiries 6 2 4 4.5 Addenda 6 2 4 4.6 Bid Evaluation 4 4 4.7 Protests 2 2 4.8 Pre-Construction Conference 8 4 4 4.9 Contractor Documents 4 2 2 IV. Bidding Phase; Project Management Subtotal 40 0 22 14 0 0 0 0 0 0 4 Task C:\Users\khobbs\Documents\Cost Proposal\Fountain Hills\SaguaroAoTF\FeeProposal_WOODPATEL_REV_Feb2022.xls 2 of 4 Town of Fountain Hills Saguaro Boulevard Avenue of the Fountains Labor Hours Total Hours Proj Prcpl Sr Proj Mgr Sr Proj Eng Eng Sr. RLS RLS 1-Prsn Srvy 2-Prsn Srvy Tech AdminTask Phase II - Fountain Park Overlook and Pedestrian Access Design Services IX. Pre-Design Services Phase 2.6 Project Initiation 0 2.7 Development of Engineering Program 0 2.8 Meetings 0 2.9 Deliverable Presentation 0 IX. Pre-Design Services Phases Subtotal 0 0 0 0 0 0 0 0 0 0 0 X. Design Services Phase 3.15 General 0 3.16 Surveys and Mapping 0 3.17 Materials Investigation and Design 0 3.18 Public Information Meetings 0 3.19 Utility Coordination 0 3.20 Roadway Design 0 Overlook Design (not shown in SOW) 44 12 32 Pedestrian Access Design (not shown in SOW) 45 1 4 16 24 3.21 Signing Design 0 3.22 Pavement Marking Design 0 3.23 Cost Estimates 4 1 1 2 3.24 Specifications 2 2 3.25 Special Provisions 8 4 4 3.26 Bid Schedule 6 2 4 3.27 Reviews and Submittals 9 1 4 4 3.28 Deliverables 0 X. Design Services Phase Subtotal 118 3 27 64 24 0 0 0 0 0 0 XI. Bidding Phase; Project Management 4.10 Bid Solicitation 2 2 4.11 Bid Documents 0 4.12 Pre-Bid Conferences 8 4 4 4.13 Inquiries 6 2 4 4.14 Addenda 6 2 4 4.15 Bid Evaluation 8 4 4 4.16 Protests 1 1 4.17 Pre-Construction Conference 8 4 4 4.18 Contractor Documents 4 2 2 XI. Bidding Phase; Project Management Subtotal 43 0 21 22 0 0 0 0 0 0 0 1,025 7 198 332 304 6 28 60 18 40 32Total WOODPATEL Hours Hours for survey are being completed as part of roundabout C:\Users\khobbs\Documents\Cost Proposal\Fountain Hills\SaguaroAoTF\FeeProposal_WOODPATEL_REV_Feb2022.xls 3 of 4 Town of Fountain Hills Saguaro Boulevard Avenue of the Fountains Direct Expenses Item Trips Miles/Round Trip Total Rate Cost Trips to Town & Sites within Town 10 60 600 $0.575 $345.00 $345.00 Mileage (Personal Vehicle) Total Mileage (Personal Vehicle): C:\Users\khobbs\Documents\Cost Proposal\Fountain Hills\SaguaroAoTF\FeeProposal_WOODPATEL_REV_Feb2022.xls 4 of 4 Saguaro Boulevard Avenue of the Fountains Attachment A - Baseline Schedule A M J J A S O N D J F M A M J J Notice to Proceed Kick-off Meeting Monthly Progress/Coordination Mtgs Utility Coordination Environmental Overview Right-of-Way Determination Survey (Ground) Geotechnical Investigations Roadway Alternative Development Overlook Alternative Development Construction Document Development Bidding Assistance Project Assessment (PA) Update Construction Documents Initial PA Update Document ( within NTP + 70 calendar days) Final PA Update Document (within NTP + 105 calendar days) 60% Construction Documents (within NTP + 217 calendar days) 100% Construction Documents (within NTP + 287 calendar days) 2022 2023 04.18.22 (est) NTP + 2 wks Final Docs/Clearance Final Docs/Clearance Clearance/ No Conflict Letters 06.14.22 07.19.22 11.08.22 01.31.22 WOODPATEL Town of Fountain Hills - Saguaro Blvd and Avenue of the Fountains 3/2/2022 ATTACHMENT A Dig Studio Inc. 600 N. 4th Street Phoenix, AZ 85004 T: 602.595.4101 digstudio.com Dig Studio, Inc. May 19th, 2021 To: Karen Hobbs, PE, Wood Patel From: Chad Atterbury, Jeff Lothner, Dig Studio Date: March 1st, 2022 Subject: Proposal for Design Services for Town of Fountain Hills Saguaro Blvd. Roundabout and Overlook Improvements Dear Karen, Dig Studio is pleased to present WOOD PATEL with the following Scope of Services to provide landscape architecture for the Saguaro Boulevard Roundabout and Overlook project located in Fountain Hills, Arizona. Dig Studio is very familiar with the site and working through the Town of Fountain Hills(Client ToF) plan review processes. Dig Studio will provide you the personalized service, creative collaboration and abundant expertise required to design and implement an inventive project on time and within budget. Dig Studio will fully devote our team of people to you and this project as needed through completion. Dig Studio will coordinate with the WOODPATEL and design team to develop the design in AutoCAD and Sketchup and coordination with Civil 3D files. Dig Studio has outlined our scope to closely align with the Town’s site planning and permit submittal requirements. The general scope of work will include schematic design, and final design including: streetscape design, roundabout, and overlook amenity. Areas covered in this Scope of Work include Roundabout, Streetscapes, and Overlook (Based on “Consultant Proposal Exhibit’) Attachment B Town of Fountain Hills: Saguaro Boulevard Roundabout and Overlook Design Proposal Page 2 of 5 Dig Studio, Inc. March 1st 2022 SCOPE OF WORK PROJECT DESCRIPTION Dig Studio, Inc. (Dig) is pleased to provide the following scope of work for ToF Saguaro Boulevard Roundabout and Overlook. Improvements to the park may include: • Hardscape and Landscape improvements at roundabout • Corner/Plaza enhancements at Avenue of the Fountains & Saguaro Boulevard • General Landscape and Irrigation Design • Overlook • Food Truck Parking • General Park Amenities • ‘Bridge’ Crossing • Sidewalk Connections into Fountain Park The project will include the concept and an illustrative site plan/fly through for Town use in Council outreach. A 30% Roll Plot design will be prepared for City review and approval. Following the Town’s comments, Dig will advance the documents to 60% for Town review. Drawings will then be advance the drawings to 90% and 100% for submittal for permit submittal and bidding. Task 1 – 30% Schematic Design Documents + Roll Plot Submittal Task 1.1- 30% Schematic Design Documents The Design Team will prepare 30% Schematic Design Documents responding to written comments on initial concepts by the Town . This Roll Plot and Schematic Design plans will reflect all comments while further defining the program and materiality of the project. These drawings will meet Town of Fountain Hills submittal requirements. Dig Studio 30% Drawing deliverables will include: • Site Plan / Materials Plan: Provide Schematic Design layout for pedestrian hardscape and planting areas and program. • Sections/Elevations: Provide Design Development level sections and elevations to illustrate design intent. • 3d Study Model and Fly Through: Dig Studio will coordinate the overall 3d study model and present it and the animation for review by the Client. • Planting Plan: Provide Schematic Design level layout for planting areas, identifying plant locations and species. • Preliminary Details: Provide preliminary construction details for all planting and hardscape elements. • 30% Cost Estimate: Dig Studio will compile and coordinate the project 30% estimate of probable construction costs. Cost to budget comparison may adjust the program to be included within 60% drawings. Task 2 – 60% Design Development Documents Task 3.1- 60% Design Development Documents Upon Client written approval of the 30% documents, the Design Team will prepare 60% Design Development responding to written comments by the Town. These Detailed Design Development plans will define the construction details, character and essentials of the project. These drawings will meet Town of Fountain Hills submittal requirements. Dig Studio 60% Design Document deliverable will include: o Site Plan / Materials Plan: Provide Design Development level layout for pedestrian hardscape and planting areas. o Sections/Elevations: Provide Design Development level sections and elevations to illustrate design intent. o 3d Study Model: Dig Studio will coordinate the overall 3d study model and present it for review by the Client. o Planting Plan: Provide Design Development level layout for planting areas, identifying plant locations and species that conform to Town of Fountain Hills Landscape Standards. Attachment B Town of Fountain Hills: Saguaro Boulevard Roundabout and Overlook Design Proposal Page 3 of 5 Dig Studio, Inc. March 1st 2022 o Irrigation Plan; Provide Design Development level layout for irrigated areas, identifying products and locations of Water Meters and BFPs that conform to Town of Fountain Hills Irrigation Standards. o Details: Provide Design Development level construction details for all planting and hardscape elements as well as plazas, and ‘bridge’ structures. o 60% Cost Estimate: Dig Studio will compile and coordinate the overall project 60% estimate of probable construction costs. Dig Studio will coordinate with the Town of Fountain Hills to compare probable cost estimates with the project budget. Cost to budget comparison may adjust the final design documents. Task 3 – Construction Documents + ToF Permitting Task 3.1 - 90% Construction Documents Upon Client written approval of 60% documents and receipt of written Town review comments, Dig Studio and the Design Team will develop 90% Construction drawings and technical sections for specifications (in book format) for Town of Fountain Hills Engineering Department and Client team review. The Design Team shall prepare working drawings and technical sections of specifications to conform to applicable codes and regulations of governmental bodies having jurisdiction over the work. In developing working drawings and technical sections of specifications. Dig Studio deliverables will include: o Demolition Plan: Provide plan for demolition and removal of existing park of existing park planting, hardscape, and other features as needed to prepare site for new park improvements in coordination with WOODPATEL o Layout Plan: Provide layout for pedestrian hardscape, furniture and planting areas including plazas and overlook layout. o Planting / Hardscape Materials Plan: Locate and specify hardscape and plant materials. Include plant schedule for planting areas that conform to Town of Fountain Hills Landscape Standards. o Irrigation Plan; Provide layout for irrigated areas, identify products and locations of Water Meters and BFPs that conform to Town of Fountain Hills Irrigation Standards. o Details: Provide construction details for planting and hardscape elements as well as plaza features and overlook. Depending on delivery method, a fabricator/manufacturer may be providing details and shop drawings for ‘bridge’ features. o Specifications: Provide specifications for landscape and hardscape elements within Dig Studio scope. o 90% Cost Estimate: Dig Studio will compile and coordinate the overall project 90% estimate of probable construction costs. Dig Studio will coordinate with the Town of Fountain Hills to compare probable cost estimates with the project budget. Cost to budget comparison may adjust the final design documents. Task 4.2 - 100% Construction Documents (Final ‘For Construction’ Drawings & Specifications-For Permit) Upon Town Engineering written approval of 90% Construction Documents comments responses, Dig Studio will develop 100% Construction drawings and technical sections for specifications (In book format) for Town of Fountain Hills Development Services Permit Submittal. Dig Studio will also prepare written responses to Town comments prior to submittal to Development Services. Dig Studio shall prepare working drawings and technical sections of specifications to conform to applicable codes and regulations of governmental bodies having jurisdiction over the work. In developing working drawings and technical sections of specifications, Dig Studio will coordinate with all Sub-consultants to maintain a construction budget in accordance with that established by the Client. Dig Studio deliverables will include: o Demolition Plan: Provide plan for demolition and removal of existing plaza of existing park planting, hardscape, and other features as needed to prepare site for new park improvements in coordination with WOODPATEL. o Layout Plan: Provide final layout for pedestrian hardscape and planting areas. o Planting / Hardscape Plan: Locate and specify hardscape and plant materials. Include plant schedule for planting Attachment B Town of Fountain Hills: Saguaro Boulevard Roundabout and Overlook Design Proposal Page 4 of 5 Dig Studio, Inc. March 1st 2022 areas that conform to Town of Fountain Hills Landscape Standards. o Irrigation Plan; Provide layout for irrigated areas, identify products and locations of Water Meters and BFPs that conform to Town of Fountain Hills Irrigation Standards. o Details: Provide construction details for planting and hardscape elements as well as plaza and overlook features. Depending on delivery method, a fabricator/manufacturer may be providing details and shop drawings for ‘bridge’ feature. o Specifications: Provide specifications for landscape, hardscape, and irrigation elements within Dig Studio scope. Excluded Services (Not Included in Scope of Work) The following are specific services that are excluded from Dig Studio’s Scope of Work. If requested, these tasks shall be identified as such and billed at the current Billing Rate Schedule. Excluded Services shall include, but are not limited to the following: A. ADDITIONAL GRAPHIC EXHIBITS OR DELIVERABLES: Additional Graphic Exhibits or Deliverables requested and approved by the Client beyond those indicated in each stage of the Scope of Work above. B. FEES: Payment for governmental permits, application fees, processing fees, and plan check fees. C. ADDITIONAL MEETINGS: Additional Meetings in excess of those indicated in each stage of the Scope of Work above. D. THIRD PARTY ILLUSTRATIONS/RENDERINGS: Professional third-party marketing renderings, beyond Deliverables mentioned above as part of the Final Master Plan, as requested and approved by Client. Cost to include Dig Studio vendor cost and Dig Studio’s labor for computer modeling and coordination plus administration fee. E. SCALE MODELS: Scale models as requested and approved for by Client. Cost to include Dig Studio cost (either internal or subcontracted) and Dig Studio’s labor to prepare model drawings and coordination plus administration fee. F. ADDITIONAL SUBMITTAL REVIEWS beyond those listed. H. CONSTRUCTION ADMINISTRATION: Construction Administration and Special Inspections are part of future proposal. J. TRAFFIC STUDIES K. ENVIRONMENTAL ANALYSIS: Including hazardous materials identification or abatement L. SOILS TESTING: Testing of soils for structural and/or horticultural requirements are not part of Dig Studio’s Scope. M. ELECTRICAL ENGINEERING: Electrical engineering and circuitry layout will be prepared by the Electrical Engineer. N. STRUCTURAL ENGINEERING: Structural engineering for landscape walls, steps, related site structures and features such as bridges are not included in scope. Dig Studio will coordinate necessary details with the Structural Engineer. O. CIVIL ENGINEERING: Roadway engineering and engineering of vehicular pavement structures or sub-grade systems are by Civil Engineer. P. WATER FEATURE: Water Feature systems design is not part of scope. Q. PRESERVATION, INVENTORY, SALVAGE PLANS: Dig Studio does not anticipate, based on the existing condition, that the Town of Fountain Hills will require Preservation, Inventory and Salvage Plans Assumptions: • “Landscape” items are defined as tree and planter layout, soil preparation, plantings and irrigation. • “Hardscape” items are defined as pedestrian paving zone types with material palette, steps, walls, fixed planters, site furnishings, water features, and site lighting fixtures. • Location, materials and finishes of pedestrian pavements occur from back of curb to building face. Attachment B Town of Fountain Hills: Saguaro Boulevard Roundabout and Overlook Design Proposal Page 5 of 5 Dig Studio, Inc. March 1st 2022 Fee Proposal: For the professional services described in the above Scope of Work, excluding Additional Services, Dig Studio proposes the following Professional Services Fee, to be completed on an Hourly Not-to-Exceed basis. Reimbursable expenses are Not-to-Exceed allowances; additional expenses beyond these would need to be approved and addressed in a contract amendment if necessary: Overall Project Summary: DIG STUDIO: ITEM DESIGN FEE Roundabout Design $ 62,886.00 Overlook Design $ 62,450.00 DIG STUDIO PROFESSIONAL SERVICES FEE: $ 125,336.00 Team Project Expenses (Reimbursable Expenses, Not-to-Exceed) $ 641.70 DIG STUDIO PROFESSIONAL SERVICES + REIMBURSEABLES: $ 125,977.70 Reimbursable Expenses: Payment will be based on progress billings and reimbursable schedule as defined in Exhibit A, Scope of Services. o Mileage is reimbursed by the Town of Fountain Hills for local consultants Dig Studio Billing Rate Table: (See Attached Sub-Consultant proposals for Subconsultant Bill Rates) Category Amount Sr. Principal $ 215.00 Principal $ 152.00 Sr. Landscape Architect $ 128.00 Landscape Designer III $ 117.00 Landscape Designer II $ 106.00 Landscape Designer I $ 95.00 Attachments: Attachment A: Dig Studio Derivation of Fee Attachment B: Dig Studio Detailed Hour Breakdown These fees are based on our current understanding of the project and desired scope of services. Sincerely, Chad Atterbury, PLA Jeff Lothner, PLA Principal, Dig Studio, Inc. Senior Associate, Dig Studio, Inc. Attachment B Town of Fountain Hills Saguaro Boulevard Avenue of the Fountains Derivation of Fee Dig Studio New Contract:X Contract Mod: Direct Labor Classification Hour Rate Cost Project Principal 10 $215.00 $2,150.00 Assoc Principal 34 $152.00 $5,168.00 Project Manager 306 $128.00 $39,168.00 Landscape Designer II 830 $95.00 $78,850.00 1,180 Subtotal Direct Labor Cost $125,336.00 Direct Expenses Mileage (Personal Vehicle)$641.70 Subtotal Direct Expenses Cost $641.70 Subtotal Cost for Dig Studio $125,336.00 C:\Users\khobbs\Documents\Cost Proposal\Fountain Hills\SaguaroAoTF\Dig Studio\Copy of DigStudios.xlsx 1 of 4 Attachment B Town of Fountain Hills Saguaro Boulevard Avenue of the Fountains Labor Hours Total Hours Project Principal Assoc Principal Proj Mgr Land Dsgner II Phase I - Intersection Roundabout Design II. Pre-Design Services Phase 2.1 Project Initiation 0 2.2 Development of Engineering Program 0 2.3 Meetings 0 2.4 Deliverable Presentation 0 II. Pre-Design Services Phases Subtotal 0 0 0 0 0 III. Design Services Phase 3.1 General 0 3.2 Surveys and Mapping 0 3.3 Materials Investigation and Design 0 3.4 Public Information Meetings 0 3.5 Utility Coordination 0 3.6 Roadway Design 536 4 12 140 380 3.7 Signing Design 0 3.8 Pavement Marking Design 0 3.9 Cost Estimates 0 3.10 Specifications 0 3.11 Special Provisions 0 3.12 Bid Schedule 0 3.13 Reviews and Submittals 0 3.14 Deliverables 0 III. Design Services Phase Subtotal 536 4 12 140 380 Task C:\Users\khobbs\Documents\Cost Proposal\Fountain Hills\SaguaroAoTF\Dig Studio\Copy of DigStudios.xlsx 2 of 4 Attachment B Town of Fountain Hills Saguaro Boulevard Avenue of the Fountains Labor Hours Total Hours Project Principal Assoc Principal Proj Mgr Land Dsgner IITask Phase II - Fountain Park Overlook and Pedestrian Access Design Services IX. Pre-Design Services Phase 2.6 Project Initiation 5 1 2 2 2.7 Development of Engineering Program 58 2 16 40 2.8 Meetings 6 2 2 2 2.9 Deliverable Presentation 14 2 4 8 IX. Pre-Design Services Phases Subtotal 83 1 8 24 50 X. Design Services Phase 3.15 General 0 3.16 Surveys and Mapping 0 3.17 Materials Investigation and Design 0 3.18 Public Information Meetings 0 3.19 Utility Coordination 0 3.20 Roadway Design 0 Overlook Design (not shown in SOW) 498 4 14 120 360 Pedestrian Access Design (not shown in SOW) 1 1 3.21 Signing Design 0 3.22 Pavement Marking Design 0 3.23 Cost Estimates 0 3.24 Specifications 0 3.25 Special Provisions 0 3.26 Bid Schedule 0 3.27 Reviews and Submittals 0 3.28 Deliverables 0 X. Design Services Phase Subtotal 499 5 14 120 360 XI. Bidding Phase; Project Management 4.10 Bid Solicitation 0 4.11 Bid Documents 28 8 20 4.12 Pre-Bid Conferences 4 4 4.13 Inquiries 0 4.14 Addenda 0 4.15 Bid Evaluation 0 4.16 Protests 0 4.17 Pre-Construction Conference 2 2 4.18 Contractor Documents 28 8 20 XI. Bidding Phase; Project Management Subtotal 62 0 0 22 40 1,180 10 34 306 830Total Dig Studio Hours C:\Users\khobbs\Documents\Cost Proposal\Fountain Hills\SaguaroAoTF\Dig Studio\Copy of DigStudios.xlsx 3 of 4 Attachment B Town of Fountain Hills Saguaro Boulevard Avenue of the Fountains Direct Expenses Item Trips Miles/Round Trip Total Rate Cost Trips to Town & Sites within Town 18 62 1116 $0.575 $641.70 $641.70 Mileage (Personal Vehicle) Total Mileage (Personal Vehicle): C:\Users\khobbs\Documents\Cost Proposal\Fountain Hills\SaguaroAoTF\Dig Studio\Copy of DigStudios.xlsx 4 of 4 Attachment B Scope of Work Avenue of the Fountains & Saguaro Boulevard February 28, 2022 Wood, Patel & Associates, Inc. Attn: Karen Hobbs, PE 2051 W Northern Ave #100 Phoenix, AZ 85021 Email:khobbs@woodpatel.com RE:Avenue of the Fountains & Saguaro Boulevard Subsurface Utility Engineering (SUE)–Scope of Services T2 Proposal No. 16104-22-0076 Ms. Hobbs: T2 UES, Inc. dba T2 Utility Engineers (herein referred to as T2) is pleased to submit this proposal to provide professional Subsurface Utility services for the above referenced project to Wood, Patel & Associates, Inc. (the Client). Below is the project team’s scope and fee for the project. PROJECT UNDERSTANDING The T2 team will complete ASCE 38 Quality Level D, C, B, and A Utility Investigation within the project area as defined below. The team will utilize the CI/ASCE 38 standard for collecting and depicting the existing utilities. This process will include an iterative field investigation, which will ultimately produce detailed drawings that are signed and sealed by a Professional Engineer in accordance with the requirements of the Standard. T2’s general workflow to our approach is outlined below: 1.Perform records research (Quality Level D); 2.Perform survey of existing Utility Appurtenances (Quality Level C) 3.Perform geophysical investigation (Quality Level B designating); 4.Perform survey of utility markings placed by our designators; 5.Complete utility investigation with depictions as outlined in the ASCE 38 standard; 6.QA/QC of our investigative findings based on existing records, maps and as-built information; 7.Complete QLA Test Holes as requested by the design team. 8.Provide depiction of the completed utility investigation findings – signed and sealed by a licensed engineer. T2 UES, Inc. dba T2 Utility Engineers 19621 N. 23rdDrive Suite 150 Phoenix, AZ 85027 602-977-8000 (phone) www.t2ue.com Attachment C Scope of Work Avenue of the Fountains & Saguaro Boulevard LIMITS OF INVESTIGATION The utility investigation will take place at and adjacent to the intersection of E Avenue of the Fountains and N Saguaro Boulevard as outline in an email from the Client dated 02/27/2022, shown in the image below. PROJECT APPROACH The T2 team will complete a SUE investigation in accordance with the CI/ASCE Standard 38:Standard Guideline for the Collection and Depiction of Existing Subsurface Utilities. ASCE 38 provides a nationally recognized, standard guideline for the collection and depiction of existing subsurface utility data. The utility quality level provides a professional opinion of the quality and reliability of the utility information. The four quality levels are as follows: Quality Level D (QLD):Record research of existing subsurface utilities within the project limits by contacting each utility owner and obtaining their available facility records. This process will substantiate necessary records that will be obtained and the depiction of untraceable (nonmetallic buried without trace wire) utilities that do not meet Quality Level C or B specifications. QLD designation is based on information obtained from record drawings and includes utility type, ownership, size and material composition. Quality Level C (QLC):Inclusive of a QLD effort, the project team will provide QLC designating of existing untraceable subsurface utilities by correlating surveyed surface evidence to the QLD utility records to obtain the utility location. QLC designation includes utility type, ownership, size and material composition based on available record information. Quality Level B (QLB):Involves the use of QLC and QLD methods of utility investigation and the use of subsurface geophysical techniques under the direction of a Professional Engineer licensed in the State of Arizona to determine the existence and horizontal position of underground utilities. This activity is called “designating.” The information obtained in this manner is surveyed to project control. Two-dimensional (2D) designation information is obtained. Quality Level A (QLA):Involves the use of QLB, QLC and QLD methods of investigation, plus the use of minimally intrusive excavation methods at critical points to determine the precise horizontal and vertical position of underground utilities, as well as the type, size, condition, material and other characteristics. The excavation and data documentation activity is called Locating "excavation of test holes". It is the highest level of utility certainty presently available. When surveyed and mapped, precise plan and profile information is available for making final design decisions at the test hole locations.  Attachment C Scope of Work Avenue of the Fountains & Saguaro Boulevard T2’s general approach is to perform a QLB investigation using all available geophysical means and methods to identify the location of the subsurface utilities within the project limits. Where QLB data unachievable, utilities will be shown at QLC or QLD depending on available information and surface features. Further detail regarding Quality Levels and the specific project scope are detailed below. WOODPATEL provided the exhibit, “FountainHills_EXHIBIT UTILs_2021-11-22.pdf” showing anticipated utilities within the limits of investigation based on available utility records. This exhibit shows roughly 10,000 linear feet of utilities within the investigation area, which the hourly estimate provided within this scope and fee have been established on. However, If the total linear footage investigated exceeds what is scoped, a change order will be required to cover the additional hourly investigation fees incurred. SCOPE OF WORK A Professional Engineer licensed in the State of Arizona shall oversee, document, stamp and seal a Subsurface Utility Engineering (SUE) investigation of the project area to determine existing utility conditions within the project limits. As part of the SUE investigation for this project T2 will complete the following tasks: QLD Utility Records Research The T2 team shall perform the following activities as part of their research effort on this project: Conduct a full reconnaissance and utility records research to aid in the identification of Utility Owners that may have facilities on, or to be affected by the project. Collect all applicable utility facility records available through Utility Owner(s), such as one-call notification, service maps, as- built drawings, standard drawings, service plats, construction plans from prior projects, local government or Agency permit exhibit drawings, and oral histories gained through interviews with Utility Owner officials and authorities. Note, T2 to cross check and verify utility record information previously collected by the Client. Compile a list of all utility companies contacted for information. Note information received with contact information for each response and note non-response if applicable. Attempt to identify all known and unknown utilities, except as noted above, within the project area at QLB and depict those utilities at the actual achieved utility Quality Level. All utility company contacts will be provided to the client Perform QLC, QLB Investigation The T2 team will conduct the following: T2 will survey existing visible surface utility appurtenances and correlate the information provided to the QLD utility records to obtain the utility location. This effort will update the information and depictions to QLC, and all data will be incorporated into the CAD file and final PDF deliverable. Utilize geophysical utility locating techniques to determine the true horizontal position of conductive utilities within the project area. The project team will provide QLB depictions of existing traceable (metallic or nonmetallic buried with trace wire) subsurface utilities utilizing a variety of geophysical locating equipment to detect, verify and designate the location of subsurface utilities from above ground. Once designated (horizontally positioned), verified utilities are marked using appropriate pink paint and flagging which is the standard industry color for temporary markings. This field information is then surveyed and mapped into a digitized CAD file compatible with the project design files. T2 will utilize a full suite of geophysical equipment appropriate to existing site conditions for locating the type of utility being investigated. Utilities detected that are not identified by the records research will be termed “undocumented” and depicted on the plans as “unknown” utilities. T2 will use a complimentary suite of geophysical tools in an attempt to determine the location of undocumented utilities but cannot guarantee finding all undocumented utilities. Electromagnetic depths will not be recorded during this investigation. As an additional step, T2 will use inductive scanning techniques in critical areas to attempt to designate the presence of conductive undocumented utilities. QLA Test Holes may be necessary to confirm the existence of undocumented utilities in areas of potential conflicts. Attachment C Scope of Work Avenue of the Fountains & Saguaro Boulevard GPR NOTE: T2 will conduct an investigation of the project site using Ground Penetrating Radar (GPR) equipment in an effort to detect larger non-metallic utilities. However, the degree of success of a GPR investigation is based entirely on the composition of the soils and the depth and scale of subsurface targets. Electrically non-conductive soils, such as quartz sands, typically allow for the study of phenomena to depths greater than 15 feet. Electrically conductive soils, such as clay, moist silt or saline soils typically preclude the investigation of targets deeper than 3-6 feet. A determination of a maximum attainable depth of investigation requires on-site resistive site calibration of the GPR equipment. Subsequently, due to the unknown receptiveness of site specific soils to the passage of radar energy, conclusive results cannot be guaranteed from GPR. QLB depiction will be attempted on all mainline utilities included within T2’s geophysical investigation. However, sewer, storm drain and possibly non-metallic water will most likely be depicted at QLC or QLD dependent upon existing physical appurtenances associated with these lines; utilities that cannot be designated at QLB, but have existing physical appurtenances in the field will be depicted at QLC; utilities which cannot be designated at QLB and for which there are no visible physical appurtenances will be depicted at QLD per record. Underground storage tanks (USTs), septic fields, traffic loop systems and landscape irrigation are excluded from this investigation. Invert information and, where possible, pipe size/material will be collected at Storm and Sewer Manholes as well as Storm Drain Catch Basins and Drop inlets, where accessible from the surface.The alignment of the sewer pipes will be shown on the drawing based on a combination of record information received, results of the invert investigation, surveyed MH’s/CB’s and professional judgment. If confined space entry is required to obtain information of offset or excessively deep pipes, extra costs will be incurred and will be discussed with the client in advance. T2 will document top of nut elevations on water valves throughout the project limits. Perform QLA Test Holes (Potholes) per the QLA ASCE 38 Standard The T2 team will complete an estimated 12 test holes on this project at identified conflict locations as follows: T2 can assist the client in determining the critical points based on their design to identify the test hole locations along with an accompanying test hole number. Will provide traffic control plans and protection in accordance with Town of Fountain Hills specifications and permit requirements. This item will be subcontracted to a certified traffic control company if required. T2 will obtain required permits, contact state one-call notification system (Blue Stake), and submit one-call tickets prior to excavation. T2 will use the compressed air & vacuum excavation method at critical points to measure and record the precise horizontal and vertical position of underground utilities, as well as the type, size, condition, material and other characteristics. Standard hole size is a 12”x12” hole with a depth up to 6 feet deep. Backfill of excavated test holes will be in accordance with Town of Fountain Hills standards and backfill holes excavated in asphalt with slurry backfill and replace the surface with a patch to match the existing surface. The test hole information will be documented on our T2 Testhole Data Report and Summary forms. The client will receive the reports with the surveyed test hole locations outlined. The testhole reports will be signed and sealed by an Arizona Registered Professional Engineer (licensed with the AZ Board of Technical Registration). Notes: o If additional holes are required over and above the 12 holes scoped for this project, they will be done so on a separatetask for a separate fee. o Prior to beginning the QLA test hole work, T2 will request a pdf plan set showing test hole locations with accompanyingNorthing and Easting coordinates o Each test hole will be assigned a unique ID number and will be marked for survey. o Excavation in rock or excavation to a depth greater than 12 feet is considered beyond the scope of this proposal and can be estimated for the Client on a case by case basis. o If test holes are located in sidewalk or concrete, there will be a per hole charge of $125 per hole to excavate, jackhammer, and remove the existing concrete on the site, saw cut, and conduct 12” x 12” concrete restoration using bagged pre- mixed concrete. If full panel replacement is required for holes excavated in sidewalk or concrete, additional cost will be incurred, to be covered under a separate scope and fee. Attachment C Scope of Work Avenue of the Fountains & Saguaro Boulevard o Dry test holes over QL D or C utilities will be billed at a rate equal of the test hole rate. Extra wide test holes (larger than18 inches in width) will be billed at 150% of the test hole rate. Any hole excavated over 6’ in depth will be charged $75 per additional foot. o Test Holes in which two utilities are found at a separation of more than 18” on center will be billed as two separate test holes. Test Holes which are requested at locations of the crossing of two utilities, will be billed as two separate test holes when the overall hole width exceeds 15”. o For these miscellaneous charges based on field conditions, T2 proposes a QLA contingency of $500 for the project.This will be a contingency allowance that will not be billed unless field conditions are encountered as noted above o For the purposes of this proposal, it is assumed that 8 of the 12 test holes will be located under pavement, in order toestimate reimbursable expenses. If additional holes fall under pavement, a change order may be required in order tocover the additional reimbursable expenses. DELIVERABLES T2 will provide a signed pdf plan set and corresponding AutoCAD Civil 3D drawing showing the location of existing utilities within the project area. The drawing will depict utilities within the investigation area at the achieved ASCE 38 Quality Level and the pdf plan set will be signed and stamped by a licensed Professional Engineer. Pertinent QLA utility test hole data will be presented in scanned electronic format on our standard “Test Hole Data Summary” and individual “Test Hole Data Report” forms sealed by an Arizona Registered Professional Engineer (licensed with the AZ Board of Technical Registration). Information includes the depth, horizontal coordinates, vertical elevation, size, and material composition of the utility line exposed at each test hole. ASSUMPTIONS WOODPATEL will provide the following: Existing topographic survey if available. Survey control Existing right-of-way information if available Any previously collected utility records, points of contact, as-built plans, and electronic files to be made available for T2’s use during the utility investigation. Right of entry to any private property or co-ordination to obtain access to private property (not anticipated) PROJECT ESTIMATE For the services outlined, T2 proposes compensation as outlined in the fee schedule below. T2 will not exceed the estimated fee without prior authorization from Client.Monthly invoices will be prepared for work completed up to the estimated budget amount.We appreciate this opportunity to provide professional SUE and Surveying services for this project. Should you have any questions or require additional information, please do not hesitate to call. James Mueller, P.E. Project Manager Phone: 602.977.8076 Email:james.mueller@T2.com Attachment C Avenue of the Fountains & Saguaro Boulevard Subsurface Utility Engineering T2 Proposal *Utility Field Investigation 32 hours @ $260.00 per hour $8,320.00 *Utility Field Survey 12 hours @ $180.00 per hour $2,160.00Subtotal$10,480.00 *Project Manager 4 hours @ $155.00 per hour $620.00 *SUE Supervisor 8 hours @ $140.00 per hour $1,120.00 *CAD Technician 16 hours @ $110.00 per hour $1,760.00 *Administrative 3 hours @ $95.00 per hour $285.00Subtotal$3,785.00 *Quality Level "A" Test Hole Estimate 12 holes @ $680.00 per hole $8,160.00 *Contingency Extra Depth/Width and/or Concrete Work $750.00 Subtotal $8,910.00 *Town of Fountain Hills ROW Work Permit (Not Anticipated, CIP)$0.00 *Slurry Backfill $1,500.00 *Hot Patch or Asphalt Coring (with corresponding traffic control)$3,500.00 Subtotal $7,500.00 TOTAL $30,675.00 * Proposal estimate only, the cost may vary due to unknown field conditions & municipality requirements PROJECT ESTIMATE SUE Quality Level "D, C & B" Designating SUE Quality Level "A" Test Hole Excavation Misc., Permits & Maintenance of Traffic If Required (Billed Cost + 10%) *Maintenance of Traffic Set-ups, Traffic Plan Preparation & Traffic Plan Permit Submittals Estimated (Billed Cost + 10%) Estimated (Billed Cost + 10%) $2,500.00 Note 1: "Utility Field Investigation" rate above includes, a 2-man designating crew and the corresponding trucks and equipment. Note 2: Test hole unit rate above includes, a 2-man vac crew, test hole survey and corresponding trucks and equipment. Note 3: If full panel replacement is required for holes excavated in sidewalk or concrete, additional cost will be incurred, to be covered with a change order under separate scope and fee. Professional Services Estimated (Billed Cost + 10%) Attachment C November 30, 2021 Karen Hobbs, PE WOODPATEL 2051 West Northern Avenue Suite 100 Phoenix, AZ 85021 Re: Scope and Fee Proposal for Geotechnical Exploration Report Avenue of the Fountains Roundabout & Overlook Fountain Hills, Arizona Dear Eric: Ethos Engineering (Ethos) is hereby submitting our scope and fee proposal for the geotechnical explorations and structural design services associated with the proposed Town of Fountain Hills roundabout and pedestrian overlook at the intersection of the Avenue of the Fountains and Saguaro Boulevard in Fountain Hills, Arizona. The roundabout and pedestrian overlook elements will phased separately. The fees were prepared using information provided by WOODPATEL (WP) and our understanding of the efforts required for our design disciplines. We propose respective lump sum fees of xxxxx and $22,285.00 for the roundabout and pedestrian overlook elements. Please refer to the attached scope of work and fee derivation documents for a more detailed breakdown. Should you have any questions on our scope and fee proposal, please do not hesitate to contact me. Thank you again for the opportunity to work with you and your team. Sincerely, ETHOS ENGINEERING LLC Keith H. Dahlen, PE Principal/Senior Geotechnical Engineer y:\2021xxx - aztec - saguaro blvd roundabout\cover letter - saguaro blvd roundabout.docx Attachments: Scope of Work and Fees Work-hour Estimate Derivation of Cost Summary Attachment D Avenue of the Fountains/Saguaro Boulevard Roundabout Geotechnical Support Scope of Work November 29, 2021 Project Purpose: Wood Patel, a consultant to the Town of Fountain Hills (Town), will complete construction documents for approval by the Town including final design plans, specifications and cost estimate along with development of a project schedule and all clearance letters. Scope of Work: Ethos will provide the following geotechnical design services: 1.0 Project Setup - Ethos will setup the project; review available project plans/as-builts and develop a field investigation plan showing the intended test locations. It is assumed as-built drawings will be provided by the Town. This plan will be submitted to WP (or others, as directed) such that the test location can be approved by the Town and then checked for possible environmental impacts (to be performed by others). 2.0 Permits, Site Layout, and Utility Clearance – Following approval of our field investigation plan, we will lay out the location of our planned test boring. We assume there are enough site features to lay out our boring without the need for additional survey. We will apply for and obtain a permit from the Town in order to perform the boring within their right-of-way. It is assumed a no-fee permit will be issued. A copy of the permit will be provided to WP and kept on-site during boring activities. 3.0 Field Exploration – Based on the information provided by WP, we understand the consultant shall conduct field exploration for roadway consisting of one boring at the intersection of Avenue of the Fountains and Saguaro Boulevard. We will subcontract a drill rig to complete one boring along the project alignment to address proposed pavement improvements. The pavement boring will be performed to characterize the subgrade conditions at the planned roundabouts. The boring will be conducted on pavement and will have the existing pavement (asphalt concrete and aggregate base) measured by hand to determine the existing pavement structural section. The roadway boring will be completed with a drill rig advancing hollow-stem auger up to 8 inches in diameter. Upon completion of the field activities, the boring will be backfilled with cuttings and cold patch asphalt. The boring will be completed within the travel lanes. It is anticipated that a lane closure will be required to perform the boring. Traffic control will be provided by a subcontractor to Ethos. We have assumed that work hours will be restricted daytime hours in order to complete this work. This proposal assumes that the site can be accessed with two-wheel drive vehicles during normal daytime hours and does not include services associated with site clearing or private location of on-site underground utilities. 4.0 Laboratory Testing - Our subcontracted testing lab will perform testing in general accordance the table below. Attachment D Page 2 Scope of Work – Geotechnical Services November 29, 2021 Test Estimated No. of Tests Sieve Analysis 1 Atterberg Limits 1 Expansion 1 Proctor 1 pH & Resistivity 1 Sulfates and Chlorides 1 5.0 Engineering Analysis – We will evaluate pavement sections for the roundabout pavement. These recommendations will be provided to WP prior to draft report preparation. 6.0 Reporting - We will prepare a draft and final geotechnical exploration report which provides recommendations for the planned roadway improvements. Our report will include the following: a site vicinity map and boring location map, a summary of the field exploration activities, boring log and laboratory test results. The report will also include a general summary of the regional and site geology, and geotechnical recommendations for the design of new AC pavement section. The results of our field exploration, field and laboratory tests, engineering analyses, and our recommendations will be summarized in a written report prepared under the supervision of a Professional Civil Engineer registered in the State of Arizona. The final report will be issued within two weeks from receipt of all comments on the draft report. We will also prepare a Pavement Design Summary (PDS) and Materials Design Report (MDR) (in typical ADOT fashion). The PDS will present the history of pavements at this location and the development of the recommended pavement section. The MDR will present the standard memo items that will be used to populate the project specifications. 7.0 Meetings – We have assumed that we will attend the project kickoff meeting and up to six, 1- hour progress meetings to discuss geotechnical considerations will be required. 8.0 Deliverables - - Geotechnical Exploration Report – Draft and Final Project Schedule: We anticipate obtaining our permit(s) from the Town within 2 weeks of notice-to-proceed (NTP) and anticipate our field work will be completed in approximately 2 weeks after receipt of the permit, and any needed environmental clearances. We estimate the report will be available within 3 weeks of the completion of test boring. Project Fees: Based on the proposed scope of work and our understanding of the project, we propose to complete the scope of work presented above for a lump-sum fee of $8,515.22. The estimated fees are based on the attached Work-hour Estimate and Derivation of Fees. Labor was derived based on the most recent Ethos rates. The above fees are based on the scope of work included in this proposal. If there is a need for any change in the scope of services or schedule described in the proposal, please call us immediately. Changes may require revision of the proposed fee, which will be communicated to you upon assessment of the requested changes effect on the fee. Attachment D Page 3 Scope of Work – Geotechnical Services November 29, 2021 Our fees will be invoiced on a monthly basis not to exceed the indicated amount. If field conditions require a modification to the scope of work developed for this proposal and may affect either our planned project schedule or budget, we will contact you at the earliest opportunity to discuss these conditions. Invoices will be due and payable within 30 days of receipt, or as mandated by your subagreement. Assumptions:  The site is accessible both by foot and truck.  There are no private underground utilities on the site.  Ethos will obtain permit from the Town. No other permits are assumed.  Restricted daytime hours. Exclusions:  Permit Fees  Hard copies of deliverables  Post-design services Attachment D Ethos Engineering, LLC DBE - Yes Estimated Direct Labor Average Hourly Loaded Rates Classification Hours Rate Cost Project Manager 9 $200.00 $1,800.00 Engineer, Sr. 14 $175.00 $2,450.00 Engineer 20 $121.00 $2,420.00 CADD Technician 1 $80.00 $80.00 Administrative 2 $77.00 $154.00 46 Total Estimated Labor: $6,904.00 Estimated Direct Expenses (Listed by Item at Estimated Actual Cost - NO MARKUP) Office to Site Mileage (Personal Vehicle) 90 Miles @ $/mi.0.56 $50.40 (Office to Site = 45 miles x 2 one-way trips) Total Estimated Direct Expenses: $50.40 Estimated Subconsultants (Listed by Firm or Name at Estimated Cost to you - No Markup) ACS (See Attached) $1,155.75 Quail (See Attached) $405.07 Total Estimated Subconsultant Services: $1,560.82 Total Estimated Cost:$8,515.22 11/30/2021 Signature Project Manager Date Derivation of Cost Proposal Avenue of the Fountains Roundabout Summary Attachment D Avenue of the Fountains/Saguaro Boulevard Pedestrian Overlook Geotechnical & Structures Support Scope of Work November 30, 2021 1. Project Purpose: Wood Patel, a consultant to the Town of Fountain Hills (Town), will complete construction documents for approval by the Town including final design plans, specifications and cost estimate along with development of a project schedule and all clearance letters for a pedestrian lake overlook with trail connection. 2. Scope of Work: 2.1 Ethos will provide the following geotechnical design services: 2.1.1 Project Setup - Ethos will setup the project; review available project plans/as-builts and develop a field investigation plan showing the intended test locations. This plan will be submitted to WP (or others, as directed) such that the test locations can be approved by the Town and then checked for possible environmental impacts (to be performed by others). 2.1.2 Permits, Site Layout, and Utility Clearance – Following approval of our field investigation plan, we will lay out the location of our planned test boring. We assume there are enough site features to lay out our boring without the need for additional survey. We will apply for and obtain a permit from the Town in order to perform the boring within their right-of-way. It is assumed a no-fee permit will be issued. A copy of the permit will be provided to WP and kept on-site during boring activities. 2.1.3 Field Exploration – Based on the information provided by WP, we understand the consultant shall conduct field exploration for the planned retaining wall associated with the elevated plaza/overlook just east of the intersection of the Avenue of the Fountains and Saguaro Boulevard. We will subcontract a drill rig to complete two hollow stem auger borings along the project alignment to address design and construction of the planned overlook retaining wall. The borings will be conducted off from existing pavement. The borings will be completed with a drill rig advancing hollow-stem auger up to 8 inches in diameter. Upon completion of the field activities, the borings will be backfilled with cuttings and cold patch asphalt. We have assumed that work hours will be restricted daytime hours in order to complete this work. This proposal assumes that the site can be accessed with two-wheel drive vehicles during normal daytime hours and does not include services associated with site clearing or private location of on-site underground utilities. 2.1.4 Laboratory Testing - Our subcontracted testing lab will perform testing in general accordance with the table below. Attachment D Page 2 Scope of Work – Geotechnical Services November 30, 2021 Test Estimated No. of Tests Sieve Analysis 2 Atterberg Limits 2 Consolidation 1 Proctor 1 pH & Resistivity 1 Sulfates and Chlorides 1 2.1.5 Engineering Analysis – We will perform LRFD design analysis for retaining wall foundation support. We will develop a bearing resistance chart and provide recommendations for lateral earth pressures on walls. We will also develop and present, as needed pavement design recommendations for the overlook. These recommendations will be provided to WP prior to draft report preparation. 2.1.6 Reporting - We will prepare a draft and final geotechnical exploration report which provides recommendations for the planned overlook. Our report will include the following: a site vicinity map and boring location map, a summary of the field exploration activities, boring logs and laboratory test results. The report will also include a general summary of the regional and site geology, and geotechnical recommendations for the design of the new retaining wall. The results of our field exploration, field and laboratory tests, engineering analyses, and our recommendations will be summarized in a written report prepared under the supervision of a Professional Civil Engineer registered in the State of Arizona. The final report will be issued within two weeks from receipt of all comments on the draft report. 2.1.7 Meetings – We have assumed that we will attend the project kickoff meeting and up to six, 1-hour progress meetings to discuss geotechnical considerations will be required. 2.1.8 Deliverables – Draft and Final Geotechnical Exploration Report; Initial and Final PDS/MDR 2.1.9 Project Schedule We anticipate obtaining our permit(s) from the Town within 2 weeks of notice-to-proceed (NTP) and anticipate our field work will be completed in approximately 2 weeks after receipt of the permit, and any needed environmental clearances. We estimate the draft report will be available within 3 weeks of the completion of test drilling. The initial PDS/MDR will be provided a week later. 2.1.10 Assumptions  The site is accessible both by foot and truck.  There are no private underground utilities on the site.  Ethos will obtain permit from the Town. No other permits are assumed.  Restricted daytime hours. 2.1.11 Exclusions  Permit Fees  Hard copies of deliverables  Post-design services Attachment D Page 3 Scope of Work – Geotechnical Services November 30, 2021 2.2 Ethos will provide the following structural design engineering services: 2.2.1 Meetings – We have assumed that we will attend the project kickoff meeting and up to six, 1-hour progress meetings to discuss structural design tasks. 2.2.2 Submittals – Ethos will provide drawings, specifical provisions and construction cost estimates for the 60%, 90% and 100% submittals. 2.2.3 Calculation Report – The sealed structural calculations for the retaining walls and the railing will be stamped by a Professional Engineer registered in the State of Arizona. Ethos will submit structural calculations for the retaining walls and railing. 2.3 Project Fees: Based on our understanding of the project, we propose to complete the scopes of work presented above for the pedestrian overlook elements for a lump-sum fee of $22,285.90. The estimated fees are based on the attached Work-hour Estimate and Derivation of Fees. Labor was derived based on the most recent Ethos rates. We understand this work is contingent upon WOODPATEL being selected for the contract and that the scope of work may change during negotiations. We will work with WOODPATEL regarding any needed changes to our scope of work and fee. The above fees are based on the scope of work included in this proposal. If there is a need for any change in the scope of services or schedule described in the proposal, please call us immediately. Changes may require revision of the proposed fee, which will be communicated to you upon assessment of the requested changes effect on the fee. Our fees will be invoiced on a monthly basis not to exceed the indicated amount. If field conditions require a modification to the scope of work developed for this proposal and may affect either our planned project schedule or budget, we will contact you at the earliest opportunity to discuss these conditions. Invoices will be due and payable within 30 days of receipt, or as mandated by your subagreement. Attachment D Ethos Engineering, LLC DBE - Yes Estimated Direct Labor Average Hourly Loaded Rates Classification Hours Rate Cost Project Manager 12 $200.00 $2,400.00 Engineer, Sr. 45 $175.00 $7,875.00 Engineer 65 $121.00 $7,865.00 CADD Technician 29 $80.00 $2,320.00 Administrative 2 $77.00 $154.00 153 Total Estimated Labor: $20,614.00 Estimated Direct Expenses (Listed by Item at Estimated Actual Cost - NO MARKUP) Office to Site Mileage (Personal Vehicle) 90 Miles @ $/mi.0.56 $50.40 (Office to Site = 45 miles x 2 one-way trips) Total Estimated Direct Expenses: $50.40 Estimated Subconsultants (Listed by Firm or Name at Estimated Cost to you - No Markup) ACS (See Attached) $1,621.50 Quail (See Attached) $0.00 Total Estimated Subconsultant Services: $1,621.50 Total Estimated Cost:$22,285.90 11/30/2021 Signature Project Manager Date Derivation of Cost Proposal Avenue of the Fountains Pedestrian Overlook Summary Attachment D March 1, 2022 Karen Hobbs WoodPatel 2051 W. Northern Ave. #100 Phoenix, AZ 85021 Via eMail: khobbs@woodpatelcom Subject: Proposal to Complete Environmental Services for Saguaro Blvd & Avenue of the Fountains Improvements Dear Ms. Hobbs: Pinyon Environmental, Inc. (Pinyon), is pleased to present this proposal to complete hazardous materials surveys and reports for the improvements to Saguaro Boulevard and Avenue of the Fountains in the Town of Fountain Hills, Maricopa County, Arizona For this project, services requested by WoodPatel are the preparation of a Agency and Biological Scoping letters., Biological Evaluation Short Form (BESF), and a Preliminary Initial Site Assessment (PISA) and a Hazardous Material Evaluation Report (HMER) including the asbestos and lead-based paint sampling for the intersections. The scope of services and schedule details for the proposed project are outlined in Attachment A. Pinyon estimates the cost to complete this project, in accordance with the outlined services, will be $4.589.38. To authorize the outlined scope of services, please issue a task order and a subcontract for review. Should you have any questions or require additional information, please do not hesitate to contact Laurel Arndt at (602) 770-5956 or via email at arndt@pinyon-env.com. Thank you for considering Pinyon for your environmental consulting needs. Sincerely, PINYON ENVIRONMENTAL, INC. Laurel Arndt Project Manager Attachment E Attachment A – Detailed Scope of Services Task 1 - Task Management: Pinyon will attend one project meeting via conference call, assumed to be a kick-off meeting. This task also assumes time for general project management activities (i.e. project support, agency scoping and coordination, contract administration, invoicing). Deliverables: Monthly Invoicing Biology and Public Agency Scoping Letters Task 2 – Hazardous Materials: An ADOT Preliminary Initial Site Assessment (PISA) Form and Hazardous Materials Survey and report evaluating potential asbestos-containing materials and lead-based paint will be completed. A records database will be obtained and reviewed. If painted stripping or other painted surfaces are to be removed, we assume up to 10 samples of the paint may be collected for testing for lead- based paint by flame atomic absorption. Additionally, up to 10 samples of suspect asbestos containing materials may be collected for testing by polarized light microscopy (PLM) analysis. One site visit is included in this scope to document the setting and obtain samples. If a temporary right of way (ROW) easement or other acquisition is needed, then an ASTM-compliant Phase I Environmental Site Assessment (ESA) may also be required. A Phase I ESA is not included in this scope or cost. Deliverables: PISA and HMER Assumptions: One site visit is included in this scope. The assessment will be completed for ADOT, city or county ROW areas only. Pinyon is not responsible for completion of right of way entry. This task will be completed by one Pinyon staff members. Traffic control will not be necessary. Toxicity Characteristic Leaching Parameter (TCLP) analysis will not be necessary. Task 3 – Biological Evaluation Short Form (BESF): Pinyon will complete an evaluation of habitat for migratory birds as well as state, federally listed, and candidate threatened and endangered species. Due to the scope of work and urban location of this project, field surveys are not included in this proposal. Pinyon will use aerial imagery, Arizona Game & Fish Department’s Arizona Online Environmental Review (OERT) and the US Fish and Wildlife Service Information and Planning Consultation (IPaC) website to complete the evaluation. Pinyon will also evaluate the effects to those species as it relates to the proposed installation of screen walls, intersection bulb-outs, enhanced drainage, and lighting. Pinyon anticipates that the effects would be minimal. Documentation of these findings will be presented in a BESF. Pinyon assumes that Parsons will provide design files as a shapefile for Pinyon use. It is assumed that ADOT will complete the CE Checklist and mitigation requirements. ADOT often requires documentation of other resources; however, the below resources are either not present/not impacted or will be addressed by others. Pinyon has not included scope or fee to complete work on the following: Attachment E Air Quality Noise Floodplains Wetlands Paleontology Cultural Resources (Historic and Archaeology) Farmlands Environmental Justice Visual Context/Aesthetics Both Historic and Non-Historic Section 4(f) Section 6(f) Land Use and ROW Labor Costs and Expenses Task Hours Cost Agency Scoping- Project management 30 $2960.00 Prepare BESF 18 $2378.00 Prepare PISA/HMS report 36 $4775.49 Direct Expenses (GeoSearch database and laboratory fees) N/A $369.27 NET Fee/CCM 1024.92 Total 84 $11,507.68 Attachment E Federal Aid #: Task Description En v . P l a n n e r / Sc i e n t i s t S r . En v . P l a n n e r / Sc i e n t i s t Ge o l o g i s t Bi o l o g i s t Ha z M a t S p e c i a l i s t CA D D T e c h n i c i a n Ad m i n i s t r a t i v e To t a l H o u r s Task Management Project Management Public/Agency Scoping 16 16.0 Biology Agency Scoping Letter 4 4.0 Administration 6 6.0 GIS 4 4.0 Subtotal 0 20 0 0 0 4 6 30.0 Hazardous Material Evaluation Prepare a site specific HASP and/or traffic control plan 1 1.0 Perform field operations 1 1.0 Order and review database reports (PISA)3 3.0 Conduct a field visit or videolog review (PISA)2 2.0 Review historic aerial photographs (PISA)2 2.0 Perform lead-based paint and/or asbestos sampling 5 5 10.0 Prepare a site specific HASP and/or traffic control plan 1 1.0 Prepare a draft report 12 12.0 Perform QA/QC of draft report 3 3.0 Prepare final report 1 1.0 Subtotal 3 0 28 0 5 0 0 36.0 Biological Evaluation Short Form Biological Evaluation Short Form 16 16.0 QA/QC Draft BESF 2 2.0 Subtotal 2.0 16.0 18.0 Grand Total 5.0 20.0 28.0 16.0 5.0 4.0 6.0 84.0 Pinyon Task Order Subconsultant to Wood Patel Project Name: Saguaro Blvd & Ave of Fountains ADOT Project #: Environmental Planning Pinyon Environmental, Inc Arizona Department of Page 1 of 1 3/1/2022 Attachment E Subconsultant to Wood Patel Pinyon Task Order Project Name: Saguaro Blvd & Ave of Fountains DERIVATION OF COST PROPOSAL DIRECT LABOR Average Hourly Labor Classification Labor Hours Rate Cost Environmental Planner/Scientist Sr.5.0 $64.38 $321.90 Environmental Planner/Scientist 20.0 $40.81 $816.20 CADD Technician 4.0 $35.56 $142.24 Biologist 16.0 $41.87 $669.92 Geologist 28.0 $40.28 $1,127.84 Hazmat Specialist 5.0 $24.65 $123.25 Administrative 6.0 $31.94 $191.64 Pinyon Labor Hours 84.0 $3,392.99 Total Hours 84.0 Negotiated Overhead Rate @ 198.07%198.07%$6,720.50 Subtotal Direct Labor $10,113.50 Total Cost to Consultant $10,113.50 Net Fee = (Direct labor + Overhead) x Multiplier 10.00%$1,011.35 FCCM = (Direct labor x Multiplier)0.40%$13.57 Other Direct Expenses (Per ADOT Travel Policy)# of Units Cost per Unit Cost Mileage/Personal Vehicle 77 $0.445 $34.27 GeoSearch 1 $195.00 $195.00 Asbestos - PLM - 3 to 5 day TAT (EMC)10 $6.50 $65.00 Lead - Flame AA - 3 to 5 day TAT (EMC)10 $7.50 $75.00 Total Expenses $369.27 Total Lump Sum Cost $11,507.68 3/1/2022 SUBCONSULTANT FIRM SIGNATURE DATE Rounded to nearest dollar Environmental On-Call Administration Contract Pinyon Environmental, Inc ADOT Project #: Derivation of Cost Revised 3/1/2022 Attachment E Page 1 SCOPE OF WORK SAGUARO BLVD AND AVE OF THE FOUNTAINS IMPROVEMENTS ROUNDABOUT AND OVERLOOK DESIGNS DESIGN PHASE SERVICES Prepared by CR Engineers, Inc. FEBRUARY 28, 2022 CR Engineers (CRE) shall provide electrical design services for the Roundabout and Overlook at Saguaro Blvd and Ave of the Fountains located in Fountain Hills This scope of work consists of design services as outlined below: ROUNDABOUT · Design of new roundabout lighting per IES/Town of FH Standards · Roundabout fixture selection coordination with the Town of FH · Pole selection coordination with the Town of FH · Photometric sheets development for lighting level verification · Coordination with the electrical utility company (SRP) for lighting power sources · Separate lighting design submittal to SRP (typical) per SRP standards (power distribution) · Power distribution to the lighting (conductor, conduit and breaker sizing) · Obtain and analyze existing as-built plans for design and value engineering purposes · Design of new approach lighting for the roundabout · Photometric sheets development for lighting level verification (different from roundabout) · Photometric sheet development to verify minimal to no light spillage in areas where light is not needed · Photometric sheet development to adhere to any dark sky provisions · Coordination meetings as needed · Town council plan approval coordination OVERLOOK · Design of new overlook lighting per IES/Town of FH Standards · Design of new pathway lighting per IES/Town of FH Standards · Overlook fixture selection coordination with the Town of FH · Pathway lighting fixture selection coordination with the Town of FH · Photometric sheets development for lighting level verification for overlook and pathway · Coordination with the electrical utility company (SRP) for lighting power sources · Service entrance section verification for overlook and pathway lighting (different from roundabout) · Power distribution to the lighting (conductor, conduit and breaker sizing) from existing service entrance section (different from roundabout) Attachment F Page 2 · Obtain and analyze existing as-built plans for design and value engineering purposes (different from roundabout) · Photometric sheets development for lighting level verification (different than roundabout) · Photometric sheet development to verify minimal to no light spillage in areas where light is not needed · Photometric sheet development to adhere to any dark sky provisions · Coordination meetings as needed · Town council plan approval coordination CRE will perform Quality Assurance/Quality Control reviews prior to each submittal. Submittals: Design development submittals each will include design plans, specifications, and cost/quantity estimates. The 100% design submittal will include final design plans, specifications, and cost/quantity estimates. Meetings: CRE will also attend meetings as needed. Attachment F Town of Fountain Hills Saguaro Boulevard Avenue of the Fountains Derivation of Fee CR Engineers, INC New Contract:X Contract Mod: Direct Labor Classification Hour Rate Cost Sr. Project Manager 48 $180.00 $8,640.00 Sr. Designer 88 $115.00 $10,120.00 Sr. Field Inspector 19 $112.00 $2,128.00 CADD Designer 48 $90.00 $4,320.00 Project Assistant 15 $65.00 $975.00 218 Subtotal Direct Labor Cost $26,183.00 Direct Expenses Mileage (Personal Vehicle)N/A Misc Reproduction N/A Subtotal Direct Expenses Cost $0.00 Subtotal Cost for CR Engineers $26,183.00 C:\Users\khobbs\Documents\Cost Proposal\Fountain Hills\SaguaroAoTF\CR Engineers\CREngineers_CostProposal 022822.xlsx 1 of 3 Attachment F Town of Fountain Hills Saguaro Boulevard Avenue of the Fountains Labor Hours Total Hours Sr Proj Mgr Sr Designer Sr Field Inspect CADD Designer Project Assistan t Phase I - Intersection Roundabout Design II. Pre-Design Services Phase 2.1 Project Initiation 12 6 6 2.2 Development of Engineering Program 16 8 8 2.3 Meetings 12 6 6 2.4 Deliverable Presentation 7 2 4 1 II. Pre-Design Services Phases Subtotal 47 22 18 0 0 7 III. Design Services Phase 3.1 General 0 3.2 Surveys and Mapping 0 3.3 Materials Investigation and Design 0 3.4 Public Information Meetings/Council Plan Approval 9 4 4 1 3.5 Utility Coordination 0 3.6 Roadway Design 48 3 22 4 18 1 3.7 Signing Design 0 3.8 Pavement Marking Design 0 3.9 Cost Estimates 5 1 4 3.10 Specifications 1 1 3.11 Special Provisions 1 1 3.12 Bid Schedule 0 3.13 Reviews and Submittals 1 1 3.14 Deliverables 6 2 4 III. Design Services Phase Subtotal 71 13 30 4 19 5 IV. Bidding Phase; Project Management 4.1 Bid Solicitation 0 4.2 Bid Documents 0 4.3 Pre-Bid Conferences 6 6 4.4 Inquiries 7 1 4 1 1 4.5 Addenda 0 4.6 Bid Evaluation 0 4.7 Protests 0 4.8 Pre-Construction Conference 0 4.9 Contractor Documents 0 IV. Bidding Phase; Project Management Subtotal 13 1 4 6 1 1 Task C:\Users\khobbs\Documents\Cost Proposal\Fountain Hills\SaguaroAoTF\CR Engineers\CREngineers_CostProposal 022822.xlsx 2 of 3 Attachment F Town of Fountain Hills Saguaro Boulevard Avenue of the Fountains Labor Hours Total Hours Sr Proj Mgr Sr Designer Sr Field Inspect CADD Designer Project Assistan t Task Phase II - Fountain Park Overlook and Pedestrian Access Design Services X. Design Services Phase 3.15 General 0 3.16 Surveys and Mapping 0 3.17 Materials Investigation and Design 0 3.18 Public Information Meetings 0 3.19 Utility Coordination 0 3.20 Roadway Design 0 Overlook Design (not shown in SOW) 74 6 32 6 28 2 Pedestrian Access Design (not shown in SOW) 0 3.21 Signing Design 0 3.22 Pavement Marking Design 0 3.23 Cost Estimates 5 1 4 3.24 Specifications 1 1 3.25 Special Provisions 1 1 3.26 Bid Schedule 0 3.27 Reviews and Submittals 1 1 3.28 Deliverables 2 2 X. Design Services Phase Subtotal 84 12 36 6 28 2 XI. Bidding Phase; Project Management 4.10 Bid Solicitation 0 4.11 Bid Documents 0 4.12 Pre-Bid Conferences 0 4.13 Inquiries 1 1 4.14 Addenda 0 4.15 Bid Evaluation 0 4.16 Protests 0 4.17 Pre-Construction Conference 2 2 4.18 Contractor Documents 0 XI. Bidding Phase; Project Management Subtotal 3 0 0 3 0 0 218 48 88 19 48 15Total CR Engineers Hours C:\Users\khobbs\Documents\Cost Proposal\Fountain Hills\SaguaroAoTF\CR Engineers\CREngineers_CostProposal 022822.xlsx 3 of 3 Attachment F