HomeMy WebLinkAbout2022.1018.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, OCTOBER 18, 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 and 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.RECOGNITION: Stellar Students of the Month for October.
B.PROCLAMATION: October 23 - 31, 2022, as Red Ribbon Week.
5.SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
A.Interim Report from the Citizen Streets Committee regarding evaluation of street
conditions from 2017 and 2022.
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
Town Council Regular Meeting of October 18, 2022 2
which the item was scheduled. The items will be removed from the Consent Agenda and considered in its
normal sequence on the agenda.
A.CONSIDERATION AND POSSIBLE ACTION: Approval of the Regular Meeting of the Town
Council on September 20, 2022. Approval of the Work Session of the Town Council on
September 20, 2022. Approval of the Special Meeting of the Town Council on August 22,
2022.
B.PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: Approval of a Liquor License
Application for the Hogwash Saloon, located at 16737 East Parkview Avenue Suite B,
Fountain Hills, Arizona, for a Series 6 (Bar) license.
C.CONSIDERATION AND POSSIBLE ACTION: Approval of budget transfers for the Tourism
Fund as a result of grant awards from the Arizona Office of Tourism.
D.CONSIDERATION AND POSSIBLE ACTION: Approving Professional Services
Agreement 2023-33 with Safebuilt to provide building inspection services in the
Development Services Department.
E.CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-44, abandoning the 20' Public
Utility and Drainage Easement along the north side of 17012 E Jacklin Drive (Application
A22-000010)
F.CONSIDERATION AND POSSIBLE ACTION: Approving staff to seek and apply for grants
from the Federal Emergency Management Agency (FEMA).
8.REGULAR AGENDA
A.CONSIDERATION AND POSSIBLE ACTION: To approve the recommendations for the
appointment of members to the Town's Boards, Commissions, and Committees.
B.CONSIDERATION AND DIRECTION: Possible amendments to Town Code Article 8-6,
Vacation Rentals, to incorporate additional regulations as allowed by changes to state
statutes.
C.DISCUSSION AND POSSIBLE DIRECTION: Approving in concept the control room building
for the Sanitary District ASR Well #1 Building Addition at Fountain Park.
D.CONSIDERATION AND POSSIBLE ACTION: Approval of Contract Amendment 2022-057.1
to Artistic Land Management Landscaping, Inc.
E. CONSIDERATION AND POSSIBLE ACTION: approving Cooperative Purchasing Agreement
Town Council Regular Meeting of October 18, 2022 3
E. CONSIDERATION AND POSSIBLE ACTION: approving Cooperative Purchasing Agreement
2023-046 with National Auto Fleet Group.
F.CONSIDERATION AND POSSIBLE ACTION: Extension of a Special Use Permit to allow
residential uses on a 0.58 acre property in the Community Commercial (C-C) zoning
district at 17134 E. Kingstree Blvd., generally located at the northwest corner of Saguaro
Blvd. and Kingstree Blvd.
G.CONSIDERATION AND POSSIBLE ACTION: approving Professional Services Agreement
2023-047 between the Town and Roadway Asset Services, LLC for Pavement Condition
and Evaluation Related Services
H.CONSIDERATION AND POSSIBLE ACTION: Approve a settlement agreement and release
and adopt Resolution 2022-45 approving a first amendment to the development
agreement between the Town of Fountain Hills and N-Shea Group, LLC and Park Place
Properties, LLC.
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 October 18, 2022 4
Town Council Regular Meeting of October 18, 2022 5
ITEM 4. B.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 10/18/2022 Meeting Type: Town Council Regular Meeting
Agenda Type: Reports Submitting Department: Administration
Prepared by: Linda Mendenhall, Town Clerk
Staff Contact Information: Angela Padgett-Espiritu, Executive Assistant to Manager,
Mayor/Council
Request to Town Council Regular Meeting (Agenda Language): PROCLAMATION: October 23 - 31,
2022, as Red Ribbon Week.
Staff Summary (Background)
Mayor Dickey will be proclaiming October 23 - 31, 2022, as Red Ribbon Week.
Attachments
Proclamation - Red Ribbon Week October 2022
Form Review
Inbox Reviewed By Date
Finance Director David Pock 10/10/2022 05:55 PM
Town Attorney Aaron D. Arnson 10/10/2022 07:29 PM
Town Manager Grady E. Miller 10/10/2022 08:06 PM
Form Started By: Linda Mendenhall Started On: 10/10/2022 05:13 PM
Final Approval Date: 10/10/2022
ITEM 5. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 10/18/2022 Meeting Type: Town Council Regular
Meeting
Agenda Type: Public Appearances/Presentations
Submitting Department: Administration
Prepared by: Grady E. Miller, Town Manager
Staff Contact Information: Grady E. Miller, Town Manager
Request to Town Council Regular Meeting (Agenda Language): Interim Report from the Citizen
Streets Committee regarding evaluation of street conditions from 2017 and 2022.
Staff Summary (Background)
The citizen streets committee was formed last year with the mission of reviewing the condition of
town streets and developing recommendations relating to the town's long-term street needs. The
town is very fortunate to have a high caliber of residents serving on the citizen streets committee. The
committee is comprised of residents who have backgrounds in streets, public works, engineering,
business, human resources, marketing, local government, and other areas that have positively
contributed to the process. The committee members are as follows: Buck Haworth, Kim Colenso, Karl
Manthe, Gregg Dudash, Christopher Plumb, Jerry Butler, Dean Hughson, George Mitchell, Bernie
Hoenle, Gary Salavitch, Jeffrey Kerr, Joe Mueller, and Mark Graham.
While the committee has not completed its review yet, committee member and designated
spokesperson, Mark Graham, will be providing an update on the process and will share additional
preliminary findings with the Town Council at its meeting on October 18, 2022. The plan is for the
committee to develop and present a report in the near future that includes its findings,
recommendations, and strategies for addressing the town's long-term streets needs.
Attached is an interim report from the committee that will be summarized in Mr. Graham's
presentation to the Council.
Attachments
Interim Pavement Report Memo
Form Review
Inbox Reviewed By Date
Finance Director David Pock 10/10/2022 11:54 AM
Town Attorney Aaron D. Arnson 10/10/2022 07:31 PM
Town Manager (Originator)Grady E. Miller 10/10/2022 08:05 PM
Form Started By: Grady E. Miller Started On: 10/06/2022 11:43 AM
Final Approval Date: 10/10/2022
Citizen Streets Committee
MEMORANDUM
DATE: October 18, 2022
TO: Mayor and Council
FROM: Citizen Streets Committee
SUBJECT: Update on Streets
The attached information reflects work during the last year of the Streets Advisory Committee.
We believe an interim report is timely in as much as the recent campaign for town officers
demonstrated a clear awareness of the issue.
And for good reason. As this memo describes, we estimate that nearly a third of the town’s
street mileage is in failing condition.
Our final recommendations will be forthcoming later this year or early in 2023, as we await Town
Council approval for and completion of an updated assessment of all Town streets by a third-party
engineering firm, as the data the committee has been using is over five years old. The data from
the updated assessment will help the committee and town staff to formulate a plan and strategies
to address the town’s near term and longer term streets needs.
What’s clear is that additional investment in our streets is necessary. We appreciate that the
Mayor and Council have agreed to use $8 million in one-time federal assistance to supplement the
ongoing streets budget. While this is an important step to take, this short-term action will not be
sufficient to significantly reduce the backlog of failing streets and maintain other lane streets in
adequate condition.
We appreciate the opportunity to work with the Town Manager and Director of Public Works on
this issue. We hope our input assists the town’s elected officials in evaluating what steps to take.
The citizen streets committee is comprised of residents who have backgrounds in streets, public
works, engineering, business, human resources, marketing, local government, and other areas
that have positively contributed to the process. The committee members are as follows: Buck
Haworth, Kim Colenso, Karl Manthe, Gregg Dudash, Christopher Plumb, Jerry Butler, Dean
Hughson, George Mitchell, Bernie Hoenle, Gary Salavitch, Jeffrey Kerr, Joe Mueller, and Mark
Graham.
INFORMATION
The information contained herein compares actual street conditions in 2017 with 2022 estimated
conditions based on worksheets created last month.
The table below summarizes the street letter-grade conditions based on 2017 tests (IMS data). A
letter grade of “A” represents pavement that is in excellent condition, and a grade of “F”
represents a pavement condition that is in extremely poor condition:
2017 Street Conditions
(based on pavement testing/analysis)
Road Classification
Pavement Rating
A B C D F
Arterials 29.7% 34.7% 22.2% 14.1% 0.0%
Collectors 12.7% 27.6% 22.9% 36.0% 0.8%
Locals 2.8% 12.0% 17.6% 59.1% 8.4%
Network 9.7% 19.1% 19.4% 46.3% 5.5%
IMS deemed the share of streets in “backlog” condition (letter-grade F, PCI rating under 40) as
“manageable”. But IMS called attention to the share of streets in “D” condition (PCI ratings
between 55-40). It stated that the Town’s annual budget was insufficient and would lead to
substantial backlog growth.
To estimate current conditions, it is necessary (1) to calculate the deterioration of streets, using
IMS projections, and (2) to account for the impact of improvements that have occurred. The table
below does that. Because the maintenance investment since 2017 was less — by several million
dollars —than recommended by IMS, the backlog has grown significantly.
2022 Estimated Street Conditions
Road Classification
Pavement Rating
A B C D F
Arterials 19.1% 33.3% 18.7% 14.1% 7.0%
Collectors 9.2% 23.9% 21.9% 29.8% 15.1%
Locals 31.9% 8.4% 7.8% 22.6% 29.4%
Network 25.7% 15.9% 12.2% 23.6% 22.6%
The committee’s basic charge is to advise the Council on the state of current conditions and to
recommend actions. The table above shows that one focus will need to be reducing the backlog.
Development of formal recommendations awaits completion and review of the next round of
comprehensive street condition tests. A Request for Proposals (RFP) has been issued and
proposals are due back this month. In September the Town Council will be briefed. If approved, a
Notice to Proceed (NTP) can be issued in October.
In the near term, the Town’s annual street spending, estimated at $2.5 million/year, will be
supplemented by up to $8 million in one-time federal funds. This level of spending is insufficient
to address the backlog and prevent deterioration of streets in better condition.
FOUNTAIN HILLS STREET NETWORK
(3.6M Square Yards)
Overview:
Arterials (736,870 SY, 123 segments)
Collectors (599,007 SY, 147 segments)
Locals (2,291,155 SY, 1,175 segments)
2017 IMS data used to generate interactive spreadsheets (except alleys)
Spreadsheets include A-B-C-D-F letter-grades; approximately 30,000 entries
2022 Conditions forecast using IMS deterioration curves
2017-2022 Improvements included
2022-2027 (5-Year Program) Improvements identified
2022-2027 assumed revenues available, $20.5M ($8M fed; $2.5M/year town)
Future costs based on 2022 Town staff unit prices, plus 3% inflation
Street Conditions:
2017 Actual:
Arterials: 64.4% “A & B”; 14.1% “D & F”
Collectors: 40.3% “A & B”; 36.8% “D & F”
Locals: 14.8% “A & B”; 67.5% “D & F”
Network: 28.8% “A & B”; 51.8% “D & F”
2022 Forecast:
Arterials: 52.4% “A & B”; 21.1% “D & F” (slipping behind, 7.0% in backlog)
Collectors: 33.1% “A & B”; 44.9% “D & F” (slipping behind, 15.1% in backlog)
Locals: 40.3% “A & B”; 52.0% “D & F” (making modest gains, but backlog is 29.4%)
Network: 41.6% “A & B”; 46.2% “D & F” (making modest gains, but backlog is 22.6%)
CONCLUSION:
The existing $2.5M annual budget for pavement maintenance is insufficient. While the additional
$8M in one-time funding helps to a degree, it will not adequately address the mid to long-term
needs of the community.
ITEM 7. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 10/18/2022 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Administration
Prepared by: Linda Mendenhall, Town Clerk
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE
ACTION: Approval of the Regular Meeting of the Town Council on September 20, 2022. Approval of
the Work Session of the Town Council on September 20, 2022. Approval of the Special Meeting of the
Town Council on August 22, 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. The minutes for
the Special Meeting of August 22, 2022, need to be corrected due to a scrivener error. The minutes
were previously approved at the September 20, 2022 meeting.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
Staff Recommendation(s)
Staff recommends approving the minutes of the Regular Meeting of September 20, 2022, the Work
Session of September 20, 2022, and the Special Meeting of August 22, 2022.
SUGGESTED MOTION
MOVE to approve the minutes of the Regular Meeting of September 20, 2022, the Work Session of
September 20, 2022, and the Special Meeting of August 22, 2022 as presented.
Attachments
Attachments
2022.0920.TCRM.Minutes
2022.0920.TCRM.Verbatim Transcript
2022.0920.TCWS.Minutes
2022.0920.TCWS.Verbatim Transcript
2022.0822.TCSP.Minutes
2022.0822.TCSP.Verbatim Transcript
Form Review
Inbox Reviewed By Date
Finance Director Linda Mendenhall 10/12/2022 11:11 AM
Town Attorney Aaron D. Arnson 10/12/2022 11:15 AM
Town Manager Grady E. Miller 10/13/2022 10:48 AM
Form Started By: Linda Mendenhall Started On: 10/10/2022 05:28 PM
Final Approval Date: 10/13/2022
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR MEETING
OF THE FOUNTAIN HILLS TOWN COUNCIL
SEPTEMBER 20, 2022
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Dickey called the Regular Meeting of the Fountain Hills Town Council held on
September 20, 2022, to order at 5:30 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; Councilmember Alan Magazine;
Councilmember Peggy McMahon; Councilmember Mike Scharnow
Members Absent: None
Staff Present: Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town
Clerk Linda Mendenhall
Audience: Thirty-eight members of the public were present.
4. REPORTS BY MAYOR, COUNCIL MEMBERS, AND TOWN MANAGER
A. RECOGNITION: Stellar Students of the Month for September
Mayor Dickey recognized the following students who were in attendance for their
achievements.
Pablo Michel, McDowell Mountain Elementary School
Natalie Guerrette, Fountain Hills Middle School
Jacob Langner, Fountain Hills Middle School
Matthew D’Anna, Fountain Hills High School
B. PROCLAMATION: September 17 - 23, 2022, as Constitution Week.
Mayor Dickey issued a proclamation on Constitution Week.
Viree Byrne, Regent, Four Peaks Chapter of NSDAR accepted the proclamation and
expressed her appreciation.
Clerk’s Note: during the reports by Mayor, Council members, and the Town
Manager item, Councilmember Magazine stepped away from the dais at 5:47
p.m. and returned at 5:50 p.m.
5. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
A. PRESENTATION: Water Issues Update: Presented by Doug Dunham
Chad Guzman, Director of Government Relations for EPCOR introduced the
speakers for the water issues update.
Frank Metzler, Director of Operations for EPCOR provided an update on the
water system infrastructure for Fountain Hills and answered the council’s
questions.
Doug Dunham, Water Resources Manager for EPCOR provided an update on
water resources, the drought, and the possible impacts on water service delivery
in Arizona and Fountain Hills and answered the council’s questions.
B. PRESENTATION: Monthly Report by Captain Kratzer of the Maricopa County
Sheriff’s Office.
Captain Kratzer of the Maricopa County Sheriff’s Office provided an update on
law enforcement services and answered the council’s questions.
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.
The Following residents addressed the council under the Call to the Public.
Linda Salavitch, a Fountain Hills resident, addressed the council regarding
homelessness and asked for a call to action on this issue.
Rick Watts, a Fountain Hills resident, addressed the council regarding the community
center and the report prepared by the Allana Buick and Bers Company.
Larry Meyers, a Fountain Hills resident, addressed the council regarding the community
center and expressed his concern over the organic material identified in the June 14th
report by Allana Buick and Bers Company.
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.
Mayor Dickey removed #7D from the consent agenda for separate consideration and
approval. MOVED BY Sharron Grzybowski to approve the Consent Agenda without item
#7D, SECONDED BY Vice Mayor Gerry Friedel.
Vote: 7 – 0 passed – Unanimously
Councilmember Grzybowski Aye
Councilmember Magazine Aye
Councilmember McMahon Aye
Councilmember Scharnow Aye
Councilmember Spelich Aye
Vice Mayor Friedel Aye
Mayor Dickey Aye
A. CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes for the
Special Meeting of August 22, 2022, and Work Session of August 22, 2022.
B. CONSIDERATION AND POSSIBLE ACTION: Approval of a Special Event Liquor
License application for the Fountain Hills Chamber of Commerce to serve alcohol
at the Dance and Glow Party on October 22, 2022.
.
C. CONSIDERATION AND POSSIBLE ACTION: Approval of Liquor License
Application for Bone Haus Brewing, location 14825 E. Shea, Fountain Hills,
Arizona, for an Extension of Premises/Patio Permit to create a cellaring room for
the brewery.
THE FOLLOWING ITEM WAS PULLED FROM THE CONSENT
AGENDA TO BE VOTED ON SEPARATELY:
D. CONSIDERATION AND POSSIBLE ACTION: Approval of budget transfers for
the Capital Project Fund, Vehicle Replacement Fund, and Facilities Reserve
Fund, Special Revenue Fund, and General Fund.
David Pock, Finance Director, presented the budget transfers listed in the staff
report.
MOVED BY Councilmember Mike Scharnow to approve the budget transfers as
requested, SECONDED BY Councilmember Alan Magazine.
Vote: 7 – 0 Passed – unanimously
Councilmember Grzybowski Aye
Councilmember Magazine Aye
Councilmember McMahon Aye
Councilmember Scharnow Aye
Councilmember Spelich Aye
Vice Mayor Friedel Aye
Mayor Dickey Aye
8. REGULAR AGENDA
A. CONSIDERATION AND POSSIBLE ACTION: A request for a Special Use Permit
to allow up to four dwelling units in the C-C (Common Commercial) zoning district
on an 8,000 square-foot lot located at the northwest corner of El Pueblo
Boulevard and Ivory Drive (Case #SUP22-000001).
Mayor Dickey opened the item up for public comment. The following residents
addressed the council.
John Gurczak, a Fountain Hills resident and the builder and developer of the
property, provided additional input on the parking for this location and answered
the council’s questions.
Betsy LaVoie, a Fountain Hills resident, addressed the council, stating the need
for more housing in Fountain Hills and mentioning the council’s past approvals
for special use permits.
Don Prescott, a Fountain Hills resident, addressed the council regarding the
special use permit, mentioning that he welcomes commercial and residential
neighbors.
MOVED BY Vice Mayor Gerry Friedel to approve the Special Use Permit to 22-
000001 to allow up to four dwelling units and require the parking spaces in
the building to be designated for tenant or owner use, as approved through site
plan review, SECONDED BY Councilmember Alan Magazine.
Vote: 7 – 0 Passed – unanimously
Councilmember Grzybowski Aye
Councilmember Magazine Aye
Councilmember McMahon Aye
Councilmember Scharnow Aye
Councilmember Spelich Aye
Vice Mayor Friedel Aye
Mayor Dickey Aye
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 Mayor Ginny Dickey to adjourn, SECONDED BY Councilmember Alan
Magazine.
Vote: 7 – 0 Passed – Unanimously
The Regular Meeting of the Fountain Hills Town Council held on September 20, 2022,
adjourned at 7:35 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 20th day of September 2022. I further certify that the meeting was duly
called and that a quorum was present.
DATED this 18th Day of October 2022.
_____________________________
Linda G. Mendenhall, Town Clerk
TOWN OF FOUNTAIN HILLS Page 1 of 50
SEPTEMBER 20, 2022 CITY COUNCIL MEETING
Page 1 of 50
Post-Production File
Town of Fountain Hills
September 20, 2022 City 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
SEPTEMBER 20, 2022 CITY COUNCIL MEETING
Page 2 of 50
MAYOR DICKEY: Good evening, everyone. 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: Thank you. Please remain standing for a moment of silence.
Thank you, all.
Okay. Roll call, please.
MENDENHALL: Thank you, Mayor.
Mayor Dickey?
MAYOR DICKEY: Here.
MENDENHALL: Vice Mayor Friedel?
FRIEDEL: Present.
MENDENHALL: Councilmember McMahon?
MCMAHON: Here.
MENDENHALL: Councilmember Scharnow?
SCHARNOW: Here.
MENDENHALL: Councilmember Magazine?
MAGAZINE: Here.
MENDENHALL: Councilmember Spelich?
SPELICH: Present.
MENDENHALL: Councilmember Grzybowski?
GRZYBOWSKI: Present.
MAYOR DICKEY: Thank you. We will start with our reports. Grady, do you have a
report today?
MILLER: Yes, I've got some exciting news. Kind of giving this a little bit away, but I'll
share it with the public.
You probably recall at the last council meeting we had a great presentation from our
deputy town manager and community services director, Rachael Goodwin, about the
national gold medal award from her professional organization, the National Parks and
Recreation Association. Well, today, the conference awarded the town of Fountain Hills
Community Services Department the national gold medal award. This is a huge honor
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for the town and really could not have been done without the leadership of Rachael and
her team to get to where we are.
This is the second year that we were nominated and made it to the finals. Last year, as
you recall, we were one of the three finalists but this year we actually won the award.
We'll actually have the award at some point, and we'll keep that in a public display area
so that the whole public can see it. So really big deal.
I also want to remind the Council and the public that our annual report for fiscal year
'21/'22 is online now and it's available for you to review. This covers the time period of
fiscal year '21/'22.
Also, our most recent issue of the Fountain Hills Insider, which is our community
newsletter, hit the mailboxes starting last week. It has a lot of -- if you look at the
backside of it, it's chockfull of events, pretty much between now and the end of the
calendar year.
That's all I have, Mayor.
MAYOR DICKEY: Thank you. Councilmember.
MCMAHON: Good evening. I have a couple of things if you don't mind. Ballet Under
the Stars was really a great turnout and it was a wonderful event, everybody enjoyed it.
Last week the Maricopa County Association of Governments called a special meeting for
the economic committee to talk about the fact that Governor Ducey vetoed Prop 400,
which is the half a cent tax that funds our infrastructure and transit systems throughout
the Valley. This is going to have a severe impact, by the billions of dollars, on the future
growth of Maricopa County and other surrounding counties. And we really all need to be
educated about and pay attention so that if it comes back up on the ballot, we all
understand it. So I think Grady's working with MAG to have them come out and do a
presentation to the Council and to the citizens, so we'd better understand the consequence
of that veto.
Also, I attended East Valley Partnership Annual Stateman's luncheon where it was
discussing a little bit about the division of politics in the nation and locally and that was
interesting.
I also attended Teen Court. We have a Teen Court here that I found really, really
interesting. It's a diversion program and when teens commit misdemeanors, instead of
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going through the full court system or to jail, they agree to go through Teen Court. And
what Teen Court is, it's held in the courtroom here and a jury of their peers, they're high
school students, come in and it's just like a courtroom run. He's talked about what
happened to himself. He goes out. The jury of his peers deliberates. Then they come
back in, and they all agree on what community service or whatever he's going to do. And
he has to do it through the Maricopa County Probate Department, or his record isn't
exonerated. So it was really interesting to watch these teenagers think, deliberate, and
ask some pretty hefty questions of one of their fellow students.
And also, the Leadership Academy had an opening ceremony last week and Class 6 is
now having sessions over the next few weeks and on Thursday, we're going to be hosting
the class for Know Your Town. And then that's about it.
MAYOR DICKEY: Thank you. Vice Mayor?
FRIEDEL: Thank you, Mayor.
I'd like to congratulate the town and Rachael and her department on the gold medal
award. It's well, well due.
I also attended the Leadership Academy dedication and there's a lot of really dedicated
people in the town that attended that night. So congratulations to Class 6. I'm sure you'll
do really well.
And a little reminder that we have our homecoming game for our Fountain Hill Falcons
on Friday night. So if anybody's around, they can get out to that game and support our
home team.
And I also attended several ribbon cuttings for the Chamber during the last week and a
half. Thank you.
MAYOR DICKEY: Thank you.
GRZYBOWSKI: First, I'd like to mention the gold medal that our community services
folks won as well. I don't know if you guys remember but last year when we came in as
one of the four finalists, that's how we got hooked up with our skatepark lights and the
fast mini pitch, dang nabbit, I just don't understand why it's called that, so it just doesn't
stick in my head.
Anyway, it's super exciting. Hopefully we'll get some fun stuff. Definitely recognition if
nothing else, out of being the winner this year.
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The one meeting I want to talk about is, as a guest of the Phoenix East Valley Critical
Infrastructure and Transportation Committee, I attended the Chandler Chamber meeting
regarding next steps after Governor Ducey vetoed an approved ballot measure that would
have allowed Maricopa voters to extend a sales tax to fund transportation projects. This
dedicated half cent sales tax was developed by the Maricopa mayors in the '80s because
the state wasn't able to get a plan together for highway spending.
In 2004, the mayors realized that it was still needed, so they worked together again to
make it happen. Both times -- wow, I'm so exciting, I turn the lights off.
Both times this was approved by the Maricopa voters. That half cent sales tax represents
over 50 percent of the county's overall portfolio. Without this continued investment,
much of our growth is at risk. Roadways are one of our biggest attractions to new
businesses. We'll also see our assets decay without this funding.
The representative from Maricopa Association of Government says that the devastation
from losing this dedicated half cent sales tax cannot be understated. The group is
working on an impact study to make sure that the governor, state legislators, and
candidates for those positions, understand how important this is for Maricopa roadways,
which also impacts the traffic through out state.
Thank you.
MAYOR DICKEY: Thanks very much. So glad that you both were able to hear that
firsthand, the kind of stuff that Grady and I, and probably Mike too with RPTA have
heard so much over the last several months. And also congratulations to Rachael and
because what is reflected in that is that she's serving and we are serving our community
with wonderful parks and with activities and we look forward to more, including
Oktoberfest which is also on Friday and Saturday.
I met with a potential connection for a program that will be about schools for our possible
spring Fountain Hills Cares event, but right now the one that's coming up on October
20th will be for veterans. So we look forward to that. I think we put some information
out about that today.
I attended our East Valley meeting, quarterly meeting. The Greater Phoenix Economic
Council had our Mayor Supervisors meeting, it's the 29th session for the legislative
director for GPEC, whose name is Rob Dalager, but I knew him as the chief of staff at the
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senate when I worked there in 1998. So he's been at this for a long time and really doing
his best for economic development in the State of Arizona.
At that time we had a 15/15 split in the senate, so it was a unique time of bipartisanship
and things worked out really well.
At GPEC we've been having similar conversations and about Prop 400 of course, but as
we are with MAG and the league about cities and towns having local decision-making
sort of being eroded year after year, including our zoning, which we really are keeping an
eye on this year. GPEC has been very successful at attracting businesses and activity in
the Valley and we expect water to be an issue and we'll hear more about that today. But
also the power grid has now started to become an issue, so he finds himself discussing
that, trying to remain competitive here in Arizona, which so far, we have been. We had a
sister city planning meeting for possible international visitors here; hopefully more to
come on that.
Speaking of that, we had community relations director, Bo Larsen, our economic
development director, Amanda Jacobs and I met with the delegation from Israel which
was coordinated by the Global Ties Arizona which is the implementing organization for
the State Department. They have an international visitor leadership program. They had
lunch here in town. They met with sister cities reps and they were some policy advisor
for Knessett very high up. They were informative and lively and left me wanting to look
more up about their country.
We met with our branding team, which we're in the process of that right now with
Councilmember Magazine and Director Goodwin, and town manager, and Bo and there's
more to come on that too.
Leadership Academy, that was awesome. And that's it for activities. I forgot to mention
that Item 70, the consentage item, will be the first item on the regular agenda. We had a
request to do that. So that takes care of that.
Our next good part of the meeting is our stellar students. So the way we do this with the
students, I read your name and what your friends and teachers said about you and the
Angela gives you the certificate and then we'll take a picture with the paper when we're
done. And while I'm down there though, I'll be calling on the Four Peaks Chapter of the
DAR to come up and we'll do a proclamation for Constitution Week.
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So we'll get started with the kids first.
Well, McDowell Mountain, we'll begin with the elementary school. Emmalin Anaiya
(ph.)? Is she here? Emmalin? No? Well, we'll read all the good stuff about her from her
teachers and her principal. Emmalin has demonstrated all four of the Falcon pillars:
respectful, responsible, safe, and kind. She always has a smile on her face and is willing
to help whenever she can. So we'll make sure Emmalin gets their certificate.
Next from McDowell, we have Pablo Michel. Is Pablo here? Yay. Come on up to see
Angela. Pablo, he also has demonstrated all four of the Falcon pillars, being respectful,
responsible, safe, and kind. He helps others all the time, and he gives maximum effort.
That's Pablo.
Next, we go to the middle school, and we have Natalie Guerrette. Is Natalie here? All
right. I hope I said that right. So Natalie -- oh, Natalie is a force of nature. She's
confident, creative, very bright, and a well-spoken young lady with a streak of blue hair.
She's quick and -- where did you get that from? She's quick with her smile, always
willing to answer questions. We see how she helps her classmates and her teachers
frequently without even being asked. She's very kind to others, honest, and direct. That's
Natalie.
Also from the middle school is Jacob Langner. Is Jacob here? Jacob gets out of his car
every day with a smile. He's a joy to have in classes. He participates in discussions, asks
questions, and he always does his best work. Jacob is very kind, friendly, thoughtful and
works well with anyone he's sitting with. You guys are with him right now. Thank you,
Jacob.
Now, we go to the high school. I know that Ketterick (ph.) isn't here, but Ketterick
Garmin (ph.) from the high school is a joy to have in class. He's a very bright student
with a bright future. He has A-plus in honor's English class and is a varsity athlete as a
sophomore. So let's give it for Ketterick.
And the last, but not least from the high school, is Matthew D'Anna. Is Matthew here?
Matthew, he's very polite and respectful. Has a A in English 10. Matthew is a very
bright student with a very bright future. Thank you, Matthew.
All right.
Look at the camera. All right.
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Okay. Now, we're going to do a proclamation for Constitution Week.
Thank you. Welcome. We're so happy to have you, Four Peaks Chapter of the DAR. So
I'll give you this to hold and then I'll read it to you on a paper that I can actually see.
Come on up, that's great.
Constitution Week. Whereas the constitution of the United States of America, the
guardian of our liberties and bodies, the principals of limited government in a republic,
dedicated to rule by law.
And whereas, September 17th, 2022 marks the 235th anniversary of the framing of the
constitution of the United States of America by the Constitutional Convention.
And whereas it is fitting and proper to accord official recognition to this magnificent
document and its memorable anniversary, and to the patriotic celebrations which will
commemorate it.
And whereas Public Law 915, guarantees the issuing of a proclamation each year by the
President of the United States of America, designating September 17th through the 23rd
as Constitution Week, so therefore I, Ginny Dickey, by virtue of the authority vested in
me, mayor of Town of Fountain Hills, do hereby proclaim the week of September 17th
through the 23rd, as Constitution Week and ask our citizens to reaffirm the ideals of the
framers of the constitution that they had in 1787 by vigilantly protecting the freedoms
guaranteed to us through this guardian of our liberties.
Thank you so much for bringing this to us and if you'd like to say a few words, we'd love
to hear from you.
BYRNE: I would just like to thank you, Mayor Dickey, very much for helping us to
commemorate Constitution Week and this most important document.
MAYOR DICKEY: Thank you. Thanks so much for coming.
Thank you.
Thank you so much, everyone. Thanks for coming.
Our next item is a presentation regarding water issues which has been a lot of interest
recently. Grady?
MILLER: Yes. Thank you, Mayor, and Council.
As a number of you have been hearing from your constituents, there's been a lot of
concern in the news media lately about the water reservoirs, Lake Mead and some of the
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other major water reservoirs are way down from where they have been historically and
the drought that we're in.
We're delighted to have tonight, Doug Dunham, who is the manager of water resources
for EPCOR. He's got a really great reputation. Previously, he had a career, a long career,
over at Arizona Department of Water Resources. And we have, along with him, we also
have the great team of EPCOR that has been very helpful to us and troubleshooting a lot
of our customer issues relating to water. We have Frank Metzler, the director of
operations. If you could just raise your hand. And Chad Guzman who is up here. He's
about to introduce Mr. Dunham. He's our government relations manager and he's been
very helpful when we've had matters or issues that need to get resolved. He's always
right there.
So I'll turn it over to Mr. Guzman before we kick off the presentation.
GUZMAN: Thank you, Mayor Dickey, Councilmembers. For the record my name is
Chad Guzman. I'm our director of government relations for EPCOR Water. First of all,
just thank you so much for time on your busy agenda to come and talk about a very
important topic, as Mr. Miller just outlined.
Mayor Dickey, and everyone, thank you so much for your continued leadership on these
important issues. Thank you so much to Bo Larsen, who is instrumental in helping us
coordinate this presentation. He's been fantastic to work with and special thanks to town
manager Miller who does a great job of keeping us informed about what's happening in
the town and vice versa. Really appreciate the spirit of collaboration that we enjoy with
the Town of Fountain Hills.
So tonight, we are here to address water supply, water planning that EPCOR has engaged
in for decades to prepare for this moment. In a time of drought, where we all read the
headlines every day and with a new shortage declaration on the Colorado River by the
federal government, we want to come here and instill confidence in you that EPCOR has
been very well prepared for this moment, in the decades of planning that have gone into
it.
So tonight, I'm honored to introduce two of the senior mangers on our leadership team at
EPCOR. First, our director of operations, Frank Metzler, who oversees this water system
for the town of Fountain Hills. There is nobody that knows the nuts and bolts of this
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water system better than Frank. He's going to give a kind of a system-specific overview
of what we have here, infrastructure-wise for the town.
And second, Doug Dunham, our manager of water resources, has decades of experience
before coming to EPCOR, at the Department of Water Resources. Really one of the
foremost experts in the field to talk from a more statewide higher-level perspective on
water resource management for the State of Arizona.
So with that, happy to introduce Frank Metzler. Thank you.
METZLER: Good evening. Let's see here. Hey, I did it right.
So as Chad said, my name is Frank Metzler. I'm the director of operations for the eastern
division of EPCOR Water Arizona. And I appreciate the opportunity to come and talk to
you about the work that we do to take care of the customers here in Fountain Hills and
make sure that everybody has water. In these times where there are a lot of concerns
about the drought and a lot of discussions in the media, it's important for everybody to
know that there are a lot of people working hard to make sure that there's water for
everyone and that we're doing everything in our power to make sure that we're prepared
for the future.
So the good news is that I just have one slide. And I'll talk very briefly about what we're
doing from an operations perspective to be prepared for any type of cutback on the
central Arizona project. And then with that, I'll hand it to Doug and Doug can get into
much more detail about where we are with the Colorado River and the reservoirs in the
central Arizona project.
So last year, right about this time, we came and gave a presentation, and I looked back at
my slides the other day and I realized that I threw a whole bunch of numbers on the
screen, and I talked about a whole bunch of math. And I realized that I think the message
got lost in the math. So this time, I'm going to try to keep it a little simpler and then I'm
happy to answer any questions that you might have if you want additional information.
So in a nutshell, if you live in the town of Fountain Hills, your potable water when you
turn on the tap, comes from one of two sources. It either comes from one of two
groundwater wells that we have right here in town, or it comes from the Central Arizona
Project.
The water from the Central Arizona Project is surface water. It comes up Shea Boulevard
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to our Shea surface water treatment plant where we clean it, remove turbidity, and
chlorinate it, and then push it out into the system. Now, when we talk about the drought,
I've received a lot of phone calls and people ask me, well, what if there is no water in the
Central Arizona Project and where would the water come from, and all that sort of thing.
The first thing I want you to understand is the two wells that we currently have in
production here in Fountain Hills are very good wells. And for about four months out of
the year, roughly from December through March, those two wells alone could meet all of
the water demand in Fountain Hills if required. We'd have to make some adjustments to
one of the wells to treat for arsenic, but that's a very straightforward process. We've done
that at many other wells. We know how to do it and we can do that if we need to.
In the months of April through November, there are typically periods where the demand
in the system from our customers, exceeds the ability of those two wells to produce
enough water to take care of all our customers. And if you add up all of that demand
between April and November, that volume of water represents about 167 million gallons
of Central Arizona Project water. If you convert that into acre feet, that's 512 acre feet.
Now, to put that in perspective, 512 acre feet, that might sound like a lot of water.
The Town of Fountain Hills Central Arizona Project annual entitlement, the volume of
water that you're entitled to from the Central Arizona Project, is 8,909 acre feet. So in
other words, the volume of water that exceeds the ability of our current two wells to take
care of customers, represents about six percent of Fountain Hills' total CAP entitlement.
If you flip that around on its head, what that means is unless there's a cutback on the
Central Arizona Project of roughly 90 percent of the total volume, everything's all right.
Okay?
The bottom line here is that Fountain Hills can sustain a significant CAP reduction and
we will still be able to meet system demand for all of our customers without requiring
any type of mandatory cutbacks or reductions.
So hopefully, that's a little more clear than I was last year. I'm happy to answer any
questions or more than happy to hand it over to Doug.
FRIEDEL: I think last time you were out, you mentioned that we did have a third well, if
we needed to use that, we always had that as a backup as well, right?
METZLER: So there are two other wells, and after my presentation last week, I had a
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chat with the Fountain Hills sanitary district. And what I learned is that in the years
before me, which goes back a long time, those two wells were essentially taken offline
because of the recharge of reclaimed water that occurs at the lake there where the
fountain is. So those two wells, we can't really use those wells in the future, unless we
came to some sort of agreement with the Fountain Hills sanitary district. And I'm fairly
certain that those two wells would have to be treated for nitrates and arsenic.
So if we get into a situation where we need additional wells, we'll certainly take a look at
those and have a discussion with the sanitary district, but it's really up to them whether or
not that would be an opportunity for us.
MCMAHON: I have a question. The numbers look great here, however, I'd like to know
for what length of time do those figures apply to? 100 years, 50 years? I mean it sounds
really good but what length of time are we able to provide for ourselves in Fountain Hills
without having to go elsewhere?
METZLER: Now, that's a fantastic question. And the reality is, when you have wells,
every well is different. But when you pump wells for an extended period of time, they
experience what's called a cone of depression and so you gradually draw the water down
around the well. You essentially lower the water table. So we've never run those wells
for an extended period of time, over years, at full volume.
I wish I could answer your question directly with how much pumping they could sustain.
The reality is, and Doug will talk much more about this. If we were ever to get into a
situation where the Central Arizona Project experienced an extended cutback of a very
high volume, we would drill additional wells. There's enough groundwater out there to
sustain the demands of Fountain Hills, but we would have to drill additional wells and
you'd want them not immediately adjacent to one another, so that they don't draw from
the aquifer right next to each other; if that makes sense.
MAYOR DICKEY: Yes, Councilmember?
MAGAZINE: I'm a little puzzled. Do you know why there'd be any question as to
whether or not the sanitary district would allow use of Wells 3 and 4? And you said
something about drilling more wells if necessary. How do those two relate?
METZLER: So my understanding from my time at the Department of Water Resources
in Arizona DEQ, is that when you have a facility that recharges reclaimed water back into
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the water table, it's important to not try to draw potable water from immediately adjacent
to those types of facilities, because there are nitrates, there are nutrients in there, and
there are other constituents of concern. You prefer to take your water from the aquifer
farther away from where reclaimed water is being recharged.
And I'm not sure I understood your second question, sir.
MAGAZINE: Well, I was just comparing the two. You said if we had to drill two more
wells and I'm saying there are two more wells. Why? You just answered the question.
MELTZER: Okay.
MAYOR DICKEY: I think we have larger picture probably questions that will be
answered on the next segment, because I think we all have the knowledge that Fountain
Hills itself is doing good, but we also see everything that's happening around us. So
there's messages from all over the place about how low the water is in the lakes and Lake
Mead and all this. So I think there is a desire out there to help in any way and a more
broad way. So I think we'll talk later, after you're all through, with Grady about some of
the things that maybe we could do.
Yes, sir.
SCHARNOW: A quick question. On the annual CAP entitlement, the 8,909 acre feet,
how much of that are you using now in terms of the mix of wells and CAP water?
MELTZER: So that was on the slide last year. We typically through the year, right now,
are running a blend of about 60 percent CAP water and 40 percent groundwater and there
are various reasons for that. The water that we don't take directly and put into the
system; we don't lose that water. We recharge that water in other parts of the valley. So
the city's not losing credit for the water that it's entitled to -- the town, I'm sorry. Thank
you.
DUNHAM: Good evening, Mayor, Councilmembers. My name is Doug Dunham, I'm
water resources manager for EPCOR. I'm a Phoenix native, but more importantly I'm a
27-year veteran resident of the Town of Fountain Hills. So I put my stakes down here a
long time ago and raising kids and here I am. So happy to be with you.
I have a history of every time I go out and give a water resources drought speech that it
rains, and true to form it rained at my house this morning. So I just need to do this every
day and we'll be fine, right.
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So just real quick. EPCOR, who we are. We have water systems across Arizona and
New Mexico and Texas, as you can see up and down the river. In Mojave County as well
as the west valley and down in the southeast valley in San Tan, along with our Rio Verde
and Chaparral systems right here.
So one of the things I'd like to point out every opportunity I can, is that Arizona's done a
really good job at managing our long-term water supplies. It doesn't really always get out
in the press. All the detailed work that has gone into making sure the state is well
positioned with water supplies.
So one of the things that I like to point out is that in 1980 the Groundwater Management
Act was passed that created the Arizona Department of Water Resources and put in the
legal frame that we have to manage Arizona's water supply under these really strict state
laws. One of that key components to that is that the code requires us to have mandatory
conservation requirements for every single water-use sector. So whether you're a
municipal provider like EPCOR, or you're a farmer, or you're an industrial user, you all
have conservation requirements you have to meet. And so when I get asked how much
water do we have and how many people can we support here, I always say I don't know,
because we have done such a good job of putting in place conservation programs, we use
much less water today than we used to. In fact, our peak water use was in 1980 and our
current water use today is actually less than what we used in 1957. And that accounts for
increased population as well as our increased economic output. So on the graph we have
here the blue water drops is our demand across state-wide. The orange people graph line
is the population increase and then you can see our economic output and how much that
we have grown. So you can do good water management, increase conservation, and still
support people and a strong economy.
I did it now, all right. I need all the help I can get.
All right. So one of the programs I think Frank alluded to it too, that happens on a state-
wide basis and EPCOR participates in that, is the underground storage and recovery
program. So what we do is we store renewable water supplies underground and then that
water is available, it's tracked, it's protected, and then it's available to recover later when
you need it. So to date, we have stored across the state over three trillion gallons of
water. That equates to the annual demand for the City of Phoenix for 30 years. What we
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store is a combination of CAP water, reclaimed water and then, on an annual basis, we
restore and recover various surface water.
Also, there is a state agency out there that is housed with the Department of Water
Resources, called the Arizona Water Banking Authority. They were established in 1996
and their entire mission is to obtain renewable water supplies, store those underground as
a backup supply for municipal and industrial users like EPCOR for firming and they also
provide some of the backup supplies for some of the travel settlements. To date, they
have stored over 3.76 million acre feet of water underground and that water is going to be
available, if there are deep cuts on the Central Arizona Project system, that water is
available to the MAF contractors as a backup to keep them whole.
Part of the effort that goes into this is not just putting it in the ground but how you're
going to get it back out. So for the past five years, EPCOR has been a key participant in
the RPAG group and that is all the water providers in the valley along with the Central
Arizona Project Department of Water Resources and the Water Bank to lay out exactly
how much water each water provider is going to get, how much do they need, how do
they cover that, and where is that recovery going to happen. And that gets down to
system-specific requirements. So for a water system that is based primarily on
groundwater, but that uses the credits indirectly, like some of our West Valley systems,
the Water Bank simply will provide us underground storage credits to keep the
accounting square for those systems. But systems like here in Fountain Hills, where we
actually rely on wet water deliveries to our surface water treatment plant, we will be
getting wet water deliveries that we recovered, or we may exchange recovered credits for
wet deliveries from some other water provider, say for the City of Phoenix for example.
So we'll make sure that moving forward, if there are deep cuts on the CAP system, not
only will we get credits, but we will be able to have wet water deliveries to our water
treatment plant to keep that functioning.
So in addition, the Department of Water Resources also has several requirements in place
under state law to mandate that water providers like EPCOR do have a drought plan, are
able to respond to these types of conditions as they arise. So we have a water system
plan that we have to update every five years. Those specifically include analyses on our
water supply, our drought preparedness, and then what our water conservations programs
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are and how successful we are at meeting those. On an annual basis we have reports that
we have to file with the Department as well, and the designations of assured water supply
providers out there, like our system here in Fountain Hills, we also have to project out in
a five-to-ten-year increments on our ability to support additional growth versus our
supply.
And then, we also have an annual conservation report that we submit to DWR in addition
to the Arizona Corporation Commission.
So overall, our water portfolio for EPCOR here in the state is really robust. It's varied
with multiple sources of water. So as you can see the majority of our water supply is
groundwater, but we do have CAP water which makes up about 13 percent. We have
stored water, so that's those other renewable supplies that we've stored for future use. We
have other surface water allocations within the state and then we reclaim, recycle all of
the wastewater in our wastewater systems and we store and recover that as well for future
use.
So within EPCOR, we have a constant internal review process that we go through. We
are constantly looking at our growth versus demand, versus supply portfolio and then this
gets down to also the detailed engineering work that Frank and some of his group does as
well, to make sure that we have the appropriate pumps, the right pipe size, those kinds of
things in place to support any new growth and the maintenance that goes along with that.
We are constantly exploring new water resources and forming regional partnerships and
then our conservation programs, interior within our system, make sure that the systems
themselves are as efficient as possible. Examples of that are like our valve exercise
programs, metering upgrades to make sure that we're controlling and making sure we're
not losing water and it's as efficient as possible.
Also, we have what we call our consumer facing conservation program. So we're really
starting to ramp this up because of the renewed concern of the conditions on the river.
We're getting a lot more interest on customers wanting to know how they themselves can
save water. So we're really pushing out a lot of new information through on our monthly
bills. For those of you who signed up for your text messaging program, we send that out
through text as well. And we're pushing out a lot of new information on our website. So
available for free of charge from us, are self-audit kits. So it helps you determine if
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you've got leaks within your house. We have interior low flow retrofit kits so that's new
modern showerheads, those kinds of things that can reduce your water use. Guides on
landscaped watering, guides on desert landscaping and how to plant and we provide leak
detection assistance. We have a entire customer service switchboard set up. One of their
main jobs is to walk through with customers to help determine if they have a leak, where
they are and how to try to address those. I've seen those customer service represents
spend 45 minutes to an hour on the phone with a customer and trying to help people out.
We're rolling out a new enhanced billing system, where you can sign up and if there's a
big spike in your water use, on a daily or a weekly basis, you'll get a notification that
there's something going on. So if you do have a leak that you don't see, you don't have to
wait a month to find out that you've got this increase in your bill. It will alert you right
away.
And then lastly, we're producing a series of really good detail online tutorials that show
customers how they can do some of these maintenance issues on their own. You know,
instructions on how to replace a toilet valve, flapper, how to look for other leaks around
the house, those kinds of things. And so there's really good how-to videos right there,
online.
So Frank kind of gave you the daily or annual use numbers. I want to give you the long-
term use numbers that's available to Chaparral City. So as Frank mentioned, our CAP
allocation is 8,909 acre feet a year. We have demonstrated to the Arizona Department of
Water Resources through the assured water supply program, based on a 100-year shared
water spike designation, that there is over 8,695 acre feet of groundwater available to us
for a 100-year period in this subbasin. Our total designation right now is 9,317 acre feet
a year for 100 years. We have, currently, little over -- almost 4,000 acre feet of long-term
storage credits that we have stored underground that will be available for us for later
recovery. And so our total supply is given together in any one year, is over 21,000 acre
feet over that 100-year period.
In 2020, our total demand was a little over 6,000 acre feet per year for the entire year.
That represents about 28 percent of the total supplies that would be available to us. In
2034 is when our designation expires, that's when we'll have to go back to the
Department of Water Resources and get it renewed, and the demand that we projected,
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based on growth projections for that year was a little over 9,000 acre feet.
So all together, whether you're looking at a short-term or long-term 100-year-plus time
frames, we've got a robust redundant water supply here in Fountain Hills.
And with that I'll take any questions you may have.
MAYOR DICKEY: I'm guessing we have some. Mike?
SCHARNOW: Yeah, real quick. Good to see you again, Doug.
DUNHAM: Nice to see you.
SCHARNOW: And that supply you just rattled off, that includes the state trust land that
we annexed a while back, doesn't it? In terms of --
DUNHAM: Yes. So the state trust land doesn't actually have an allocation in and of
itself. The state land department has a CAP allocation, but they've never coughed it up
with any land. So this is strictly within our allocation that we have right now.
MAYOR DICKEY: Alan?
MAGAZINE: Thank you. Did I hear correctly that we're using about the same amount
of water as in 1957?
DUNHAM: We're actually using less water --
MAGAZINE: Less?
DUNHAM: -- than we were in 1957.
MAGAZINE: And there's enough water for Phoenix for 30 years?
DUNHAM: Yes. So the total supplies that had been stored in the underground storage,
in recovery program, would equal the annual demands for the City of Phoenix for 30
years.
MAGAZINE: I must be missing something, because I'm pretty puzzled. Every week,
just about every week in the Republic, I read a story about a potential water shortage
crisis. What am I missing?
DUNHAM: Well, headline writers like to get your attention, so you read the article. So
that's part of it. The other thing is depending on your community, you're going to be in
different situations. Some communities have multiple sources that they're going to be
able to switch to if there is a severe cutback in the CAP. Other communities are really
very dependent on the CAP and they don't have that flexibility. The cutbacks that we've
seen already have severely impacted a lot of the agricultural community. So the farmers
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in Pinal have already lost all their CAP allocations. So they're scrambling to try to go
back to groundwater, to use that.
So it's going to be a balance of who has what in their portfolio and how do we deal with
that. So it is very concerning, the conditions on the river. It is not something that is just
going to go away on its own. It's going to take a lot of work from a lot of corners of the
water management world, between the seven basin states and Mexico and the period of
reclamation to try to solve this.
There are also going to be some trickle-down impacts. So even though we may not be
directly impacted on our ability to serve CAP here, with the amount of cutbacks that are
happening, we're going to see our costs increase. The cost to maintain the canal,
maintain all those pumps, remain the same but there's less units of water, less participants
in that, to share those costs to maintain that canal. So our direct costs are going to go up
because of that.
We're going to see potential impacts if the lake levels continue to drop. That's going to
impact their ability to generate electricity. That's going to have impact on power markets
across the west. So while the doom and gloom, we're going to dry up and blow away, I
do not believe that that is going to happen in the immediate future or in the near future,
but there's going to be other impacts that we're going to see.
MAGAZINE: I think I may have asked this question the last time you were here. Do
you have a public affairs department?
DUNHAM: We do.
MAGAZINE: Is there any way to get the truth out there? To get the facts out there? We
got one reporter in particular who has steeped herself in the Republic on this issue and I
have a feeling that based upon what I read, they don't know all the facts and they're not
reporting the facts. And I understand that press sometimes wants to report doom and
gloom, but they should have the ability to balance it with the facts and let people know
where we stand. I don't know if your public affairs department has considered doing
something like that, but I think it's really necessary.
DUNHAM: Well, we're trying to balance our messaging. One, let's not panic. We're
not, you know, the sky is not falling. We're not all going to have to pack up the U-Hauls
and move back east of the Mississippi. But at the same time, it is an issue. It is a
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growing issue and we need to do all we can as individuals and as a community to
enhance conservation as much as possible. So it's a fine line that we're trying to walk
between don't worry about it and oh, my God. There is a balance in there.
MAGAZINE: I don't want to sound at all critical, but to me it sounds like on the one
hand, but on the other hand. That's what Harry Truman said about economists. It's hard
for me to digest what you're saying and figure out how to convey to the public what
really is going on. We got plenty of water. You said that. 30 years just for Phoenix. So
it's plenty of water and so I understand there are other tertiary issues and seems to me
therapy could be explained. But the amount of water that we have and have available to
us, I really think should be explained to the public.
MAYOR DICKEY: What you had, I think a couple of slides ago, would address I think
what Councilman was talking about as far as having a public affairs office because you
said that you have all that information available. The idea of the state versus where we
get our water from, I don't think there's any untruth to it, it's just it's a different story.
Here in Fountain Hills we have wells, we have certain population. These numbers just
for us in our little enclave are great, right? But what can we do, especially since hardly
any of our water's coming from CAP, but can we help with some of the things that you
said you have listed and maybe some of the things that are a little bit more personalized
to us? Like, I know a lady had written me and I think she had a comment for today, like
some of our monuments or monument signs that have grass in front of them. I mean is it
a drop in the bucket, is it worth it? Is it a good -- I think it's a good thing to do to show us
an example. You know, if you know it's going to rain, don't water at your house. But
and Grady and I spoke earlier about putting something together to not only show some of
the things we can do, but to also demonstrate some of the things we have done. Which
we have low water landscape in place. We use a lot of recycled water thanks to the
sanitary district in our golf courses and the parks and all kinds of our watering is done
that way. I think Grady, maybe you can explain a little bit about how little we actually
use potable water for irrigation. But we would like to get together some kind of an
information that shows not only what's really happening, like you're saying. What steps
we could take, what steps we already have taken, but granted we have -- there is a lot of
water, like you just said. But it's like having a lot in your savings account, but no salary.
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We have a lot but we have to address the fact that it's not getting replenished the way it
was and that's the lakes and that's the stories that we're hearing. So it is a little bit of
both. Grady?
MILLER: Yeah. In fact, we don't really irrigate our grass in our parks, with the
exception of Fountain Park and Linear Park here in the wintertime. And winter use of
water that's a peak time we don't want to really do that if we can avoid it. And we're so
fortunate that the sanitary district here also has these wells that they have so that during
off times they can basically -- they use the storage and then when there's peak times, they
draw down that water for the golf courses and the parks and things like that.
So I think we're very fortunate because we do get credit for the sanitary district with what
they do, because under the Groundwater Replenishment Act, when you do pull water out
of the aquifer, you're supposed to put water back in or you pay money, like almost like a
fee to the state. So even though we have two separate entities, they are kind of working
in harmony with each other and we're benefitting as a community as a whole.
I thought your presentation was really right on. This is the third one I've been to. CAP
was doom and gloom because all their water supply is just coming from the Colorado
River, the upper and the lower basin. So that was a totally different type of presentation.
Another one I had was from the Department of Water Resources which looks at the entire
water portfolio of the state and it was much more balanced, just like yours was here today
as well. So it's very good that you're doing this because I know our residents have been
very concerned about this and I do think we may want to work with you and your
company to maybe do some messaging for our residents even in our own publications on
maybe conservation methods and all that.
Again, we're very fortunate because we don't have residents that have a lot of grass in
their yards. We're probably one of the few that I can think of that's mostly all desert
landscaping you see.
But thank you. You've really hit home some really good points. I did have a question
though. Two things that you have on your slide right before this. You're talking about
the 100-year designation. So my understanding is when you have any kind of
development, like let's say you have a large masterplan development like a largescale
subdivision that's going to come in. I understand they are required to bring in a 100-year
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water supply, correct?
DUNHAM: Yeah. That is correct. The assured water supply program is applicable
within all five of the state's active management areas. So we are in the Phoenix AMA
here. And so it's based on the definition subdivision from the Department of Real Estate
which is six or more lots. You have to show that there's a 100-year water supply,
renewable water supply for that subdivision before the plan can be approved and
recorded or any building or any lot sales happen. To meet that requirement, EPCOR has
obtained a designation for our entire system and so we account for -- under that
designation every bit of demand that we have within our system here. So whether it's not
just a house, it is the schools, the businesses, the grocery stores, the gas station, and all of
the houses. And so yes, we demonstrate that that 100-year renewable supply is in place
and one of the things we do under that requirement is, as Frank mentioned, we do use
some groundwater but we have to replenish that under the state requirements.
So a portion of that CAP allocation that we don't directly deliver to customers, that has a
payback to the aquifer to recharge, to account for the groundwater demand to try to
maintain the balance in the aquifer that we have here.
MILLER: And one last question. On your slide you're talking about the 2034 year
designation expires. So what is involved in getting that renewed or what does that really
mean?
DUNHAM: So what we'll do is, we'll take a look at exactly what our demands are at that
point in time and then we'll take a look at what growth potential that we still have within
the system, within our CC&R. And then we project that out over a 100-year period.
How many more customers are we going to add. How much more demand are we going
to grow. And then we have to the Department of Water Resources and say this is our
portfolio and these are our projected demands. And right now we have the combination
of the two main sources, which would be the CAP allocation as well as the groundwater.
And believe it or not, the Fountain Hills subbasin here on this side of the McDowell's is
actually a really deep fat well-producing aquifer. So we're doubly blessed with not only
the CAP allocation but we're sitting on a really nice aquifer that will be able to supply a
robust water source for many, many years.
FRIEDEL: Is EPCOR looking to make any significant investment in desalination or any
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or other partners?
DUNHAM: Yes, we are. One of the -- one of the bills that was passed this last
legislative session is kind of a renewed enhanced WIFA, so that's the Water
Infrastructure Finance Authority. And that had over a billion dollars set aside for projects
within the State of Arizona. Particularly targeted at infrastructure and new water supply
enhancement. So we have been talking with several entities including making sure that
the governor's office and our legislative leaders know that we're to help. And we have
some expertise in this. We have very large pipelines that we currently run in the State of
Texas and one of those pipelines is actually a longer distance than it would take to pipe
desalinated water up from the Sea of Cortes into the Phoenix metro area.
So the technology is there. The expertise is there. And we're going to need to import
water into the state. So that's definitely one of the items on the menu that we're going to
be pursuing.
MAYOR DICKEY: Thank you. Supervisor Galvin had put on a message, I guess they --
I think they voted down a Duid for the Rio Verde and in that newsletter, it said that
EPCOR would likely be or already did maybe have a proposal to help those folks out.
Can you tell us a little bit about that?
DUNHAM: Certainly. So the Arizona Corporation Commission which regulates us as a
private utility, has opened a docket to explore the possibility of having a private utility
provide the standpipe service that City of Scottsdale has said that they're going to
withdraw. We submitted a letter at the request of the commission to express whether we
would be interested in that or not. We are interested. We did point out a couple of
questions that we would have for the commission to consider. The commission has asked
for public comment, public input on that and they've been receiving comments, both
written comments and they were going to schedule an open hearing to discuss that.
We would be looking for additional water supplies to help support that effort. But we are
interested and the decision whether to not to move forward is really going to be up to the
corporation commission.
MAYOR DICKEY: Thank you. That just sounds like it would -- oh, I'm sorry. Go
ahead. Sorry Sharron.
GRZYBOWSKI: Well, Mayor you took my question. But I do want to make a comment
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that I was playing on our website. I was totally listening to you, I swear. But I was
playing on the town website just to see how we are informing our people to Councilman's
Magazine's point. It is an important message to make sure we get out. And I do see
we've got under the public works section; Bo has been working really hard to try to help
people get as informed as possible. We do have a water conservation and an EPCOR
water management tab. But you have to know it's under the public works.
One, you can update the slide presentation with this one, because this was way more user
friendly and intuitive than the other one from last year. Two, I would love to see a link
from the main page, the resident's page. I think that would be great. A water
conservation or actual facts about your water kind of thing. And totally not a question for
you, I just needed to tell Bo before I forgot. Thank you.
DUNHAM: And if I may follow-up with that. The leadership program that you guys
just launched, one of my partners at EPCOR is going to be teaching a class on
specifically centering on water conservation at the home and how we can enhance that.
So that will be part of that program. And then we also do constant outreach here in town
and this last year we've had a couple of sessions with the community garden to help teach
about managing your water use, your plantings and et cetera. And fun fact, about --
industry standard is 60 to 70 percent of household water use is actually outdoor landscape
watering. So that's really a place we can concentrate on reducing water demand.
MAYOR DICKEY: That's huge. The leadership also, they're go to the sanitary district
and learn a lot about their operations and also the sanitary district has a subcommittee
with the town working on sodium in the water. So we're all kind of going in the same
direction here.
Any other questions? Any other questions or comments? Again, we did have people
from the community ask questions about whether we can look at some of our grass areas.
So we will do that.
Thank you so much. We appreciate it very much.
DUNHAM: Thank you, Mayor.
MAYOR DICKEY: Bye-bye.
Our next item is our monthly report by Captain Kratzer of MCSO. Get that all set for
you. Thank you.
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KRATZER: Good evening, Madam Mayor, members of the council. As always, it's
good to be here for the monthly presentation. I'm going to hit on a few items this month.
One of them being school safety. So with the start of the school year, we met with the
new Fountain Hills superintendent who was the prior Fountain Hills high school principal
a couple of years ago, so Dr. J. We've worked with him for years and he's really great to
work with and he has a very strong interest in school safety, including his background
and his doctorate in that field.
So we met with him, our leadership team here in Fountain Hills met with the school
superintendent. We talked about some of the rules of the SRO and some of the things
that maybe we could expand on with the SRO in the school to maybe help promote
school safety. And again, just reminding members of the community that the Town of
Fountain Hills contracts with MSCO4 that SRO position and we think that's great. So
we're glad to have that position and with some of the staffing shortages that we've had in
the last couple of years, that's one position that we've always made sure we staffed just
because of the importance of it.
But when we met with Dr. J, we talked about some of the concerns he had with school
safety and we brought with us, two of our detectives from our counterterrorism unit
that -- they handle school threats and school vulnerability assessments. And Dr. J was
interested in what they had to say or maybe some of the ways, the advice that they had.
And they talked to him about the Alice Training and that's a FBI standard or MSCO and
some of the other government entities push for schools and it's a strategy for them for any
kind of active shooter that may occur. It's training for staff and it's a protocol for maybe
how to approach those situations. And they were interested in having that training.
So our detectives from our counterterrorism unit will work with the school superintendent
and the school staff to push that training out for them and that will include another
vulnerability assessment for the school.
Another important thing that -- after some of the recent events Uvalde and the response to
that and some of the failures in that response, it was important for the sheriff's office to
ensure that our deputies had recent training on response to that. So our SWAT team has
worked with some of the other schools and put on some training. In this last weekend
half of our staff attended that active shooter training at a school and some scenarios for
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those sort of incidents and how that response would look like. Just to ensure if something
like that were to happen in the county or in any of the areas, we're responsible for, there's
no question as to what that response would look like or what would be expected of the
deputy.
The other half of our staff should attend that training in the next month or two. Just
depending on availability for our SWAT team. But I think that's important and it's great
that the school superintendent is interested in making sure that they're shored up in that
area.
So next I'm going to move to talking about some governor of highway safety, aggressive
driver grant money that we were able to utilize here in Fountain Hills. Our Lake Patrol
Division is kind of the distributor of that grant money. They mostly utilize that grant
money, but if some of the districts request some of those hours, we can get it. So we
were pretty aggressive in trying to get some of that grant funding and we were able to get
180 hours of grant money over the last two months. And we utilized that for -- you have
to use it for, obviously, traffic enforcement. Any of those violations that you can chalk
up just about anything to aggressive driving: speed, stop sign violations, turning
violations. So we were able to get 180 of those hours. So that cost no money to the
town. That was money that was all grant funded, so there was no cost to the town, none
of our personnel hours were lost to this. It was added hours that were given to us. So in
that two months that resulted in over 300 traffic stops, in those hours of grant money that
we used and over 200 citations. And an area, we put some concentration on some area
that's been an issue for a long time. Palisades and Shea, the no right turn on red. And we
had 60 stops over the last two months there for that. And so we've talked about some of
the challenges with the enforcement there. But the deputies who worked there, we used
consistent deputies who found some strategies that worked. Yeah, it worked out pretty
well. So we're trying to stay committed to that to decrease the violations there and get
some of those violators and education hopefully will curb that over the long haul.
And then finally, I want to talk about increase in the staffing to the district here. So
Fountain Hills District 7 is what we call it for MCSO. Last time, at the council meeting, I
didn't introduce him, but my executive chief was in the room and listened to the study.
He's only been my executive chief probably for the last, I want to say three months. The
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prior one retired. And since he's been over patrol east, he's over patrol east and west, he's
the executive patrol chief, he's really taken a focus on making sure that we're meeting our
contract and trying to get to the level of meeting that.
So I had five additional deputies assigned that started yesterday. And so we're up to --
we were at 13 over that study we saw and we're up to 18 now. So we're getting there, one
more to meet that completely. But that gave us the opportunity to go back to our old
staffing model where, because of short staffing we had to adjust that staffing model and
now we're back to our five-squad model. It gives me the opportunity again to have a
community action squad who can deal with issues that are unique to the town whether it's
speeding, direct patrols on speeding, you know, concerns by neighbors, you know, other
issues if we've got party house issues, short term rental issues on a Friday night, Saturday
night, especially as the weather starts getting nice, they can get special training in that
area and go out and address those needs. And just anything that's unique to the town,
that's their main function is to address some of those issues. And we haven't had that for
a couple of years. So it will be good to have that resource.
And especially with having the detectives for the district now centralized. All three of
the deputies that are assigned to that squad are also detective certified. So they can work
some mid-level cases and help us in that area to make sure some of these cases that are
important to the town or time critical for us, that it gets the attention that they deserve.
So that's my update. I'm sure there may be questions or comments and will be happy to
take those.
MAYOR DICKEY: Thank you, Captain.
MAGAZINE: Captain, just thank you, because I've seen a real difference in traffic
enforcement and particularly on Sorrell. And I've been seeing more and more police
cruisers sort of stationing themselves so they could watch the traffic and go after people.
So it's really worked.
KRATZER: Thank you. And just to add to that. We did really try over the last six
months to really emphasize and get more production out of our patrol staff in terms of
traffic enforcement. It's been important since I've been here but just trying to get more
and more out of them and we've had 120 percent increase in our traffic stops over the last
six months. And that's not even counting the grant work. So the deputies are stepping up
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and doing the enforcement and trying to be more proactive. And with the addition of the
deputies that we had, five more, I would imagine we'd continue to see an increase there.
So slow down if you're driving through town.
MAYOR DICKEY: Are there questions or comments, anyone?
I'm just going to bring this up. When you mentioned the new or the additional folks, and
that they may be able to do things that are all the more localized, you know that we had a
person that was upset about, you know, someone that has a sign that have things that are,
you know, they're not pleasant to read and we had that a while ago with a car that drives
around that has a swearword on it and such. And I don't think that the freedom of speech
laws have changed too much, but one of the things that we did ask about was, you know,
is there a way to tell or any options to let people know that if the police aren't the avenue
to do something about that, because they're not technically breaking the law. Would
maybe some of these folks be -- get some more, get some knowledge that would say, but
here's an option or here's something you could do? I mean the thing with the signs and
the swearing, I always wonder about that, because when they talk about, you'll know it
when you see it. And some of that seems really offensive and I don't know if there's a
line and Aaron I know you're looking at me like -- yeah, I mean.
The line is it doesn't --
MAGAZINE: I wish I knew too.
MAYOR DICKEY: -- exist, I guess. And you know, freedom of speech. It's obvious
and freedom to exist on a public street is your freedom to do so. So I don't know, I guess
I'm wondering if there are any other social options or other entities to direct people to,
where they might find some relief or at least get answers that satisfy them to know that
we're doing, the police are doing everything that they can, but they just can't really do
some of those things that people would like.
KRATZER: Yeah. I appreciate the question and I understand the frustration that exists
with residents. We've had several calls regarding the gentleman you're speaking about
with the signs that are in very bad taste and we've talked about some of the challenges
with first amendment and freedom of speech and crossing that line. Some of the things,
I've reached out to the town prosecutor recently, we're waiting to get together and just
talk about maybe some avenues. You know, it gets very touchy and it is very difficult for
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law enforcement to take action on something that may be offensive to some people. But
there are statutes on the books about public nuisance and trying to make that fit or does it
fit, is the question. And trying to find. So we talked about the gentleman with these
signs. And we've gotten calls on him. Deputies at times will contact these individuals.
Sometimes people, it's how they phrase it. You know, I'm worried about, you know, if
the person has water, if they're okay. And deputies will often times, when the call is
phrased in a way, that way we're, you know, if it's just hey, this guy has signs that are
offensive and I don't think that's okay, deputies then don't, aren't able to contact him
because there's no law that's being violated.
And we talked about some of the challenges too with some of these folks who don't want
contact from law enforcement. When we try to contact them, it's either been a belligerent
response or they've walked away saying I didn't do anything wrong and I don't want a
contact with you. But there are some things. You know, one of the things that police try
to do when we do have contact with some folks who appear to be homeless and maybe
have some mental health illnesses are try to offer them some services and see if there's
some shelters that they'd be interested in going to. We always try to give them water and
start the conversation that way and be approachable. But the minute they don't want that
contact anymore, the potential contact, that ends our involvement with them.
We'll look into some options. Maybe discuss a little bit more. I know we had talked just
briefly about that yesterday and seen if there is something out there. I'm not aware of any
social services that someone could call. Messaging might be good in terms of peoples'
rights. I don't think it alleviates the frustration that some folks have, because I mean the
emails that we saw about having to have those conversations with your children when
there is something on those signs, it is very challenging and it's hard to say well, it is
what it is. You just have to deal with it, and he can do that.
Also we're working with some of the businesses that if these folks are on their property
that they have that right to not have them there and we can come and let the person know,
hey, you can't be on this property. And if they refuse, it's trespassing. A lot of times
they're on public right of way which makes it very challenging. I think that's where you
got the look from Aaron on that one.
MAYOR DICKEY: Well, and you know, and on a public side of it, we've taken some
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actions when it comes to washes and what comes to parks.
KRATZER: Right.
MAYOR DICKEY: As much as we can without infringing on the enjoyment of these
things from our residents.
KRATZER: Sure.
MAYOR DICKEY: So --
KRATZER: So it's a work in progress and with our Squad 5 deputies who have a little
bit more time to be proactive in the community, we'll see if maybe we can find
something, a messaging, or something that --
MAYOR DICKEY: If there's any or if there's some other municipality that found
something that works.
KRATZER: Sure.
MAYOR DICKEY: You know, you never know.
KRATZER: Okay.
MAYOR DICKEY: Thank you.
KRATZER: You're welcome.
MAYOR DICKEY: Oh, sir.
SPELICH: Thank you, Mayor. It didn't go unnoticed that when you said swearing you
looked at me. So I would completely lose my ability to communicate if we didn't swear.
So just put a sign on the door closed. So Cap, thanks for the update. Would you please,
get with Bo and Bob Burns and I think it would be very important for those numbers to
be communicated to the public because I think that would deter a lot of people if they
know that's a really good number. That's a high number. I had personally called you and
told you about the people turning red.
KRATZER: Right.
SPELICH: I mean it's crazy. So and I knew that being able to set up on that position in
order to catch somebody doing it, normally when you see a police officer's car, you make
a stop. A complete stop. But when you don't see anybody and the vehicle that you guys
are using is a phenomenal vehicle, I had no idea. It was an unmarked, until I got up close
enough and then noticed the lights hidden. So I picked up on it right away. But the
average citizen will not pick up on it.
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KRATZER: You made the right turn.
SPELICH: And I immediately hit the brakes. So but anyways, I think it would be very
beneficial if you were to publish these numbers because they're very high and I think
people would get the message, especially on, I don't know, Facebook or whatever stuff.
KRATZER: Yeah. Will do. And we're going to continue to get some of that grant
funding so that we can continue that added enforcement as well. So that will hopefully
continue for a while. I mean there's so much that's allotted to the SCO but Lake Patrol's
been great at giving it to us, especially because we're a contract town and they know the
importance of it.
SPELICH: And also in the future when, if you have one of your supervisors from
headquarters in the meeting, if you could let me know that they're sitting in the meeting
because I talked about them like a dirty dog. So I would appreciate a heads-up in the
future. Not that I probably would alter what I was saying anyways, but I'm sure the chief
left the room and wondered, you know, what exactly, what's with this guy.
KRATZER: Maybe the raw feedback was good.
SPELICH: But I'm glad that we're --
KRATZER: We got five more deputies.
SPELICH: Listen the whole time, and as I always said, it wasn't anything against the
men and women or you, but we need to fulfill the obligation. That's 50 percent of our
budget and if we're paying for a service, we should get what we pay for.
KRATZER: Understood. Thank you.
MAYOR DICKEY: All right. Good way to wrap it up there.
Thank you. Next we have our call to the public. Do we have any speaker cards?
MENDENHALL: Yes, Mayor, we do. First up is Linda Salavitch.
MAYOR DICKEY: Hi. Please say just -- not your address, but if you live in Fountain
Hills?
SALAVITCH: Yes, I am a resident of Fountain Hills. I've lived here for about a year.
And I would like to thank the mayor and the council for hearing my concerns this
evening, first and foremost. The purpose of this discussion is to make the town council
aware that the residents are concerned about the perceived inaction with the town
regarding the homelessness concerns in the town. We are concerned that this could grow
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into a major problem if left alone. Recent examples of aggression at the gas station,
Circle K, and for lack of better terms, some craziness at Kiwanis Park, convince us that
proaction versus reaction is the best solution. Please, consider this as a call to action to
address the situation so that it does not become a problem as experienced here and
elsewhere for this town.
We can further discuss public safety, loss of revenue, image, and the pleasure of walks in
our beautiful park and elsewhere would be impacted by lack of action on this issue.
Thank you for considering this as a fundamental issue of concern for the residents of this
town. We hope that this concern is foremost on the minds all elected members and we
look forward to positive action from the town on this matter.
Thank you very much.
MENDENHALL: The next -- well, first of all, I just want to let everyone know that the
timer is not working. I've pressed it millions of times, so I'll take minute, I'll let you all
know when it's time, you know, your time's up. Okay?
All right. Next we have Rick Watts.
WATTS: Good evening, Mayor, Vice Mayor, and Councilmembers. My name is Rick
Watts. I've been a resident of Fountain Hills for over 33 years. My curiosity was piqued
when I got the report or read the report on the community center. I've been a contractor
for 40 years and facility maintenance as well. And I've experienced exactly the same
thing. So a couple of things that I noted and I think that Allana Buick and Bers did a
good job in what they presented to you. The water testing and all of the information that
they provided, very good. But they were clear on what they've included and implied
things that weren't included. So I wanted to make sure that we were going to talk about
things that were addition so we didn't have to go back and refit, redo, refinish surface
areas. Some of those things are things like biological growth going further than just the
areas that they opened. Until we get their dry patent wall surfaces as measured by a
moisture meter.
Corrosion where we might have structural integrity issues and so we want to make sure
that we do some nondestructive testing so again, we don't have to go back in and open
those walls. Fortunately, or coincidentally with EPCOR being here tonight, EPCOR has
done a great job of helping identity underground leaks and in this case underground slabs
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that were implied again. Not specific but there was an implication either through this
contract or someone else, and I don't recall where that there could be underground lakes
as well as exfiltration from the sewer system. And EPCOR can do a good job with
helping to identify those and then we can get a contractor that can pinpoint the exact
location. So that was -- hopefully it's a good omen that they showed up tonight.
The other area that is really of concern and again, I've experienced this firsthand, is the
roof drains. The roof drains being fouled and not draining properly, you have a structural
issue. And on average there's about 5.2 pounds per square foot and when you extrapolate
that over the 25,000 square feet, the amount of weight that is in addition -- and our roofs
out here are not designed for slow loads or heavy rain loads, but we get them. So it's
imperative that we get good drainage off of the system. So in that light I would ask that
we review our internal procedures to make sure that we address, because it's maintenance
issue. That our staff addresses making sure those roof drains are clear.
And finally, in an effort to possibly recover some of the cost that when we finally do put
this to bid including some of these --
MENDENHALL: Three minutes.
WATTS: -- issues that I address that we look possibly to performance bonds. Arizona
mentions insurance on engineers and architects who had been here before, maybe didn't
oversee, the implication of the silpans or skill cans; it depends on what part of the country
you're from, may have been some oversight and maybe we have a possibility of recourse
from either a performance bond or from a architects Arizona missions.
MAYOR DICKEY: Thank you.
WATTS: -- and I think that does it.
MAYOR DICKEY: Oh, sorry.
WATTS: I'm out. Thank you.
MAYOR DICKEY: Thanks.
MENDENHALL: Our next speaker is Larry Meyers.
MEYERS: Council, Mayor, Vice Mayor. Commissioner Watts, actually Rick Watts,
since he was speaking to you as an individual pretty much is an expert on this. I read this
as well as I do have some expertise on it. It troubled me. It looks expensive. I too would
like to see some, at least an exploration of performance bonds for the people that over the
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years, obviously, there's no one sitting on the dais and probably no one even on the staff
when this thing was built. Well, Mike was here -- Mike was around. But I mean in terms
of being involved with the construction and everything. So the thing that troubles me is
there's organic material, this was written on June the 14th and we've already waited three
months to even start talking about it. And organic material grows. Also the roof
condition when that roof coating starts to blister, the foam starts to deteriorate underneath
and your problem grows exponentially more expensive. So I think last week, while we
were discussing what to spend our money on, Councilmember Spelich said we should
start looking at things that we have to spend where we absolutely need to spend. This
looks like it's going to be a pretty substantial need. I think that any of the things that are
maybe wants should be postponed indefinitely and I think you'll probably come to the
same conclusion.
So thanks for the time.
MENDENHALL: That's it for public comment.
MAYOR DICKEY: Thank you very much. Our next item is our consent agenda item
which is everything except 7D. Can I get a motion, please?
GRZYBOWSKI: Move to approve.
FRIEDEL: Second.
MAYOR DICKEY: Thank you. All in favor, please say aye.
ALL: Aye.
MAYOR DICKEY: Thanks very much. So when we do this, then the item becomes the
first item that we're looking at, which is a budget transfer and I believe David Pock will
be presenting.
POCK: Good evening, Mayor and Council. Christmas came early for me. I got to talk
about budget one more time before the retiring members leave. All right. Yeah, put me
on three minutes.
All right. So I'm not sure if you'd like me just to go through each individual item. If
there's questions about specific ones. I do have just a couple of notes in general to say,
just to make sure everybody --
MAYOR DICKEY: Just maybe overall, why we do them. They're fairly routine but in
this case we have the CARES money coming in.
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POCK: Right. Okay. So just a note that none of these transfers move money. It moves
the budget authority or the permissions to spend the money that's already in those funds.
We're not increasing budget authority; we're just moving it. And then I'll also point out
that I'm always open for questions from residents, phone calls, emails, all of my contact
information's on the website in the finance page. So if somebody has questions they can
definitely reach out.
As far as these, we actually have two different sets or two different transfers that are
taking place. We have two items for fiscal year '22, which ended June 30th. As we go
through the audit process, as we go through closing out the fiscal year records, there are
things that come up, invoices that get maybe received in July or August that go back to
the prior year that puts certain line items over budget. So we need to go back and make
transfers, even those out and that's happened in two cases.
The first was in CIP fund for the splash pad. There were some changes required by
Maricopa County on surfacing of the splash pad that actually increased the cost by
$19,000. So we need to move 19,000 into that project. That is actually probably a little
more safe on my part.
Since that specific transfer is going from the CIP contingency into a CIP project
technically under our implementation policy, we could move that administratively.
However, since it is a CIP project, we wanted to make sure that everybody saw it, the
council saw it. That that project did increase by that amount.
The second one there is 6,000 from our general fund into the vehicle replacement fund
for $6,000. That is for increased cost of outfitting the new fire pickup. So that
equipment cost went up $6,000. So that's what that one's for.
Are there any questions on those fiscal year '22 items? Okay.
So fiscal year '23. As you know we do our budget, it's pretty much -- we have a pretty
good idea of what the budget's going to be in March and April. However, we don't
always get everything exactly right. We did have an engineer's estimate for the panorama
phase 2 project. Two weeks ago Council approved the contract for that project and again,
this is something just a little bit more transparency on our part. As part of that motion
that approved that contract it did authorize the budget transfers that are needed for that,
because that contract actually came in slightly more expensive than what we had
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budgeted based on the estimate. Just to keep everything all together, we put it in here as
well, just so that everybody would see it at the same time.
The next two are what you alluded to Mayor, and that's the ARPA money, the American
Rescue Plan Act. Last year, fiscal year '22, where you see 4.2 million. This year, fiscal
year '23, we were scheduled to receive another 4.2.
When we decided back in March and April I didn't want to absolutely say that we were
going to get that money. So the entire public safety budget was put in the general fund.
Now, that we do have or we did receive that deposit at the beginning of July, we need to
move that budget authority from general fund to our special revenue fund. In addition to
that, at the September 7th meeting or 2021, that was when Council authorized us to apply
and receive the ARPA funds in that motion. It actually delineated then that it would be
spent exactly for those items. So it's kind of has been done before but we just wanted to
make it a little more public.
All right. The last two items. We had 500,000 from general fund to our facilities reserve
fund. If you remember, Council authorized $500,000 for facilities reserve in addition to a
one million for facilities reserve for the Fountain Park. We matched that 500,000 with
our expected budget for that fund for the year. Based on fund balance left over from
fiscal year '22, we have about 500,000 in addition to that that could be used for ongoing
maintenance and repairs. So that's what this 500,000 would do. It's basically projects
that didn't happen last year, that we can do in '23.
And then finally, 25,000 general fund to parks administration. Originally the Sunridge
Park project was in the CIP fund, but since there's some question as far as when that
project, when or if that project's going to be done, I decided it's better to avoid those
accounting problems by leaving it in CIP and just expensing those items in fiscal year
'23. So that's what that is.
MAYOR DICKEY: Thank you.
MAGAZINE: The last one, the $25,000, are we still working on that or where are we at
with that process? And is it a local party that's doing that work for us?
MILLER: It is a landscape architect firm that is trying to work with us and then we'll be
working with the neighbors on having what they would like to see in that location.
MAGAZINE: Okay. I just want to make sure that, because this has come up before that
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we're not jumping the gun on this. The neighbors are definitely all on board with this?
MILLER: We have a public outreach. We met last week with some select neighbors that
have expressed either interest or concern. And show them what we had initially looked at
and they were somewhat pleased with it. We're going to be trying to get a facilitator in to
help us with civic engagement process with the neighbors that live in Sunridge, so that I
believe is -- when are you thinking that is?
LARSEN: End of October, early November.
MILLER: So yeah, so the money is appropriated and it is needed for paying the firm to
do the work that they've done.
MAGAZINE: And that firm, is it a local Fountain Hills firm? Now, the reason I'm
asking that question and I know this isn't on the agenda but, you know, we're doing the
branding program and a couple of residents reached out to me and said that a local
Fountain Hills business had applied for that and for some reason we sent that business
down to Tucson. I think, and I've heard Councilman Spelich sit up here and rail about
this from time after time, we have to do everything we can to use our local businesses
here and if it's a policy that needs to be changed, where we give a little bit more credit for
a local business, I want to see something happen along those lines to make sure that we're
doing everything we can to support our local businesses here in this town. I think it's just
important and I think it's just good business.
So I don't know where we are on that.
MILLER: I think you've probably have noticed that we have done a lot to reach out to
our local businesses. We've actually had a forum here where we invited them. We have
done a lot more, I think, outreach to try to inform them of opportunities for bidding. A
lot of times we don't get the bids even from our local vendors.
As far as this particular one, no, they were not Fountain Hills based, I will tell you that,
the landscape firm. As far as the branding project, I think I'll just leave that for the
economic development director to give you a memo that explains the process that was
engaged with that.
MAGAZINE: Okay.
MAYOR DICKEY: It's not on the agenda.
MILLER: It's not on the agenda, you're right.
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MAYOR DICKEY: Yes, sir.
MAGAZINE: I was just going to say, if I can't speak to this, just tell me. But, I
understand what the Councilman's saying, but when we go out to bid, we put out criteria,
we look at their background. There's a real careful analysis before we select someone
and often times I even interview the principals. So I mean I understand what you're
saying, but I don't think it's a haphazard process.
FRIEDEL: And that was not my intent. I didn't say it was haphazard. I just think that
we -- and we have done a lot of outreach, Grady, there's no question. I believe that. But
I think if we have a local business we should give them some extra credit I think too. It's
our policy, look a little harder at it maybe. I don't know.
MAYOR DICKEY: Why don't we -- I don't we're supposed to be having this particular
conversation right now, Aaron because this isn't on the agenda. I think we can go further,
taking this later?
ARNSON: Well, I think I agree, number one, with the prospect that -- the Council, it is
within our purview to adopt those types of policies, and I also agree Mayor, that we
should probably leave that for either Council retreat or an executive session to provide
legal advice on what the contours of that are.
MAYOR DICKEY: Thank you.
Do we have a speaker card on this item, Linda?
MENDENHALL: We had an email from Crystal Cavanaugh. Do you wish to speak?
CAVANAUGH: No.
MAYOR DICKEY: Okay. So that would be if there were any specific questions about
any of this. I had no questions. Anybody else? Can I get a motion please?
SCHARNOW: I'll move to approve the attached budget transfers as requested.
MAGAZINE: Second.
MAYOR DICKEY: Thank you. All in favor, please say aye?
ALL: Aye.
MAYOR DICKEY: Thank you. Thank you, David.
Our item 8A is about the special use permit that we had looked at earlier on Ivory and
John is going to present. Thank you.
WESLEY: Oh, we're already to the next line, we're going to go right through this in a
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hurry. Just some quick background again, just to make sure we all know what we're
talking about. We have this area up here at Fountain Hills Boulevard and El Pueblo that
is plot 106 and the request is for a special use permit for the lot in the southeast corner to
allow residential use as part of that development. Here is a aerial image of the same site.
A little closer up again, we're talking about this lot in the southeast corner. This
particular development has the common parking area to go with the various lots in the
subdivision. So here again is a little closer look at the proposed development with the
floor area for the office on the first floor, 2,000 square feet and then the rest is some
tenant storage and extra garage space. Four units on the upper level require parking.
Overall for this development is 17 interior parking spaces, the others are immediately
adjacent to it. They're approximately 20 spaces immediately available for development.
One of the questions last time was wanting to see the actual floorplan for the upper level
apartment, so that's been provided now and it's the four units. Each of those are two-
bedroom apartments. This is again still somewhat conceptual plan, although it's getting a
lot more specific as we go along, but they will have a follow up site plan review process
that we'll go through before they get to a building permit.
These are the elevations that we saw before. They've only changed slightly to
accommodate the fact that there are the four units instead of the five units in the upper
level.
Just because that's been one of the issues and thoughts is that architecture is something
that we ought to encourage some modifications to as it comes through the site plan
review process. Just some quick images for surrounding. You have the residential single
family or duplex developments to the west and to the south, that do have a typical
residential character within the commercial area. You have some variety in what's in the
center. The two across the top are the ones right along El Pueblo on the west side, we
have a little bit of a adobe Spanish kind of look to them. There's another building to the
north that looks pretty different from the other two and there's also -- we also put in the
one across the street that was a charter school, just giving some image of what's in the
area. So as we continue to work with the applicant on that possible modifications to the
facades, we'll look at what can kind of help with that transition from a residential
neighborhood to the west to this commercial center to the east. And fit that character best
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we can.
So again, coming back, one of the other issues has been the parking and how much
parking is or isn't available or will be available for this. Again, you can see the overall
site and the parking area that's there. They are proposing to have again the interior
parking spaces as well as in those spaces immediately adjacent to it, we feel will
adequately meet all their parking requirements so the rest of the parking lot remains
available for the other commercial uses in the center. And discussions with the POA for
this area, they don't have any significant concerns for the proposed use and its impact on
the parking. Long-term they do see the potential if the lots were to develop out to the
maximum capacity, there could be issues with the parking lot. If the residents were using
the spaces in the parking lot versus the one inside the garage, they could happen to have
to park a little further away. There are some potential long-term concerns, but currently
they have no particular issues with this. I think I just covered all the things on this slide
in those comments.
One of the other things that came up at the last council meeting was concern for future
uses and some things that could happen in these buildings if it's not used as proposed by
the applicant. One of those being the community resident uses for that type of use to
happen in the zoning district would require a different special use permit to be applied for
an approved. This one that's applied for wouldn't allow those uses, so that would come
back to the P&Z and council process with public hearing, public notice before that could
occur. Another seems to be any concerns with the drug and detox. Another topic that's
currently being worked on with the planning and zoning commission. While we don't
specifically provide for those uses today in our zoning code, we are moving forward with
that text amendment and what's being looked at the P&Z level is that the uses would go
in a C2 and C3 zone, not the CC zone and rezoning would likely have to be done first
before any of those types of uses could happen at this location. So again, they're not
likely to occur.
So staff in planning commission have recommend approval with a maximum of four
dwelling units, the dedicated parking in the building for the residents, and P&Z also
included dedicated parking next to the building for this use, but the CC&R's for the
facility or for this development don't allow for designation of parking spaces. So we
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won't be able to do that one quite exactly. That is sort of the intent.
That's my presentation. Questions?
MAYOR DICKEY: Any questions?
MCMAHON: I have a question, hopefully it's not too stupid. But what do you mean by
inside parking, designated? You mean covered parking specifically marked for the
tenants?
WESLEY: So the -- if I can get the mouse back. So these spaces are inside the building.
MCMAHON: Right.
WESLEY: Will be first for the tenants.
MCMAHON: So that will just be parking?
WESLEY: Yes.
MCMAHON: Okay.
WESLEY: So there's six spaces there and four units. So you could -- the ordinance is
two spaces per unit, so you then actually have eight spaces, eight people with cars, eight
cars for those four units. A couple of them would have to park outside but otherwise the
residents are parking inside.
MCMAHON: Okay. So is there adequate parking? The bottom line is there adequate
parking for this building, considering it's going to be commercial and there'll be
designated parking for the owners, tenants, whatever you want to say?
WESLEY: Yes.
MCMAHON: Okay. Thank you.
MAYOR DICKEY: You have a question?
SPELICH: Thank you, Mayor.
So John, how will the owner, what is the owner's plans on ensuring that residents use the
spots that are four the project? Because what I'm concerned about and I didn't hear
exactly the positive glowing recommendation of that POA about this project that you're
saying they're onboard with. So I'm hearing a little bit -- stuff differently. So how is the
owner going to ensure that if this is approved by us that those spots will be utilized by his
residents and not taken away from the businesses in the area?
WESLEY: And Mayor and Councilman, that's probably a better question for the
applicant. He is here.
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SPELICH: Bring him up.
WESLEY: I had plans to do that. Any other questions for me?
FRIEDEL: I have one.
WESLEY: Yes.
FRIEDEL: I'm sorry. Thank you mayor. You said you're going to work with him on the
character of the building for the surrounding area?
WESLEY: Yes.
FRIEDEL: What exactly does that mean?
WESLEY: Well, as we look at the final site plan and the architecture that's proposed for
the building right now is a very modern looking building, it's an attractive looking
building but I'm not sure it quite fits. I'm not an architect to propose any specific designs.
But that will be my pushback on him is what can we do to tweak the design a little bit, to
introduce a little more residential feel to the building to help better transition between the
two.
SPELICH: And is he open to working with us on that?
WESLEY: He has been -- again, it might be a better question for him to answer. He's
been generally open to working a lot but not to any significant degree. He's not going to
come in and totally redesign the exterior, I don't believe. So it will be, I think, minor
adjustments.
SPELICH: Would the color play into that a little?
WESLEY: Color. I think color is probably an easy thing.
SPELICH: Okay.
MAGAZINE: I think that's what we said about some other building. Do I need to tell
you?
MAYOR DICKEY: No.
MAGAZINE: Okay.
MAYOR DICKEY: Before the applicant comes up, if this was just strictly commercial,
it would require more parking, correct?
WESLEY: Yes.
MAYOR DICKEY: And it would not be under cover, necessarily?
WESLEY: Correct.
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MAYOR DICKEY: So I'm just as baffled by it as I was the first time. The thing that
we're being asked for is to have some residential mixture with this commercial building,
which if it was just commercial, it would be -- could be two story and it would require
more parking and it would not have any necessarily inside parking. And whatever other
tenants' parking needs are, why would they be more important than the needs of this
applicants? Why wouldn't they have to worry about whether he's parking was -- I don't'
really understand this argument at all. But you answered my question about the
commercial. So yes, sir.
SCHARNOW: Another question. The building upper left, didn't we approve a SUP for
that for residential?
WESLEY: There was the one -- let's see, let me get back to the -- other way. There it is.
This building right -- where's my mouse again.
SCHARNOW: The middle one.
MAYOR DICKEY: The middle?
SCHARNOW: Yes. Just the second one to the north from El Largo.
So I don't think there were any objections brought up at that time. It probably passed
unanimous.
WESLEY: I believe so. But there's one unit, if that makes a difference versus four, but
yes it did.
MAGAZINE: There's a big difference. Councilman Scharnow brings up the fact that
there was no pushback. That was one family living in that unit. Not four units. Not
additional parking. One family in that unit. So and I did bring that up at the time.
MAYOR DICKEY: Sharron?
GRZYBOWSKI: If we look at this as -- go back to where we were. Yeah. Stop. So that
footprint there, the way it's approved now, it could be a two -- this is a question, not a
statement. So put a question mark at the end. I'm under the impression it could be a two-
story building in this exact footprint which includes the six spaces that we have that are
parking in there. So we could have, instead of parking and what appears to be maybe two
commercial spots or one commercial spot and storage for the people upstairs, we could
have two full floors of commercial that requires parking outside of the building, correct?
JOHN: Correct, Councilmember. This is an approximately 8,000 square foot lot. So
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two floors, 16,000 square feet. One space per 250 square feet, whatever that math turns
out to be, could be what would be going on.
GRZYBOWSKI: Then my next comment is it's zoned such that I cannot find in my
notes, but I think the hours of operation are like 7 a.m. to 11 p.m.
WESLEY: Right.
GRZYBOWSKI: And it's zoned so that it's heavy use kind of zoning. I don't know, I
made a list somewhere, but correct? So we're actually doing ourselves a favor by cutting
back on the commercial occupancy is the way I see it?
WESLEY: Madam Councilmember, in terms of the amount of parking and some of the
activities that could go on, yes. The tradeoff is you've got residents there now parking,
potentially 24/7 and not moving as much as a commercial customer might.
GRZYBOWSKI: Or I also see it as balancing whether they work downstairs and live
upstairs, or maybe they live there and work elsewhere. So they're swopping out spaces
for the commercial people park in the day and then the residential people park in the
night. We get complaints every day of the week about what a waste the commercial
space is that we have. And I think this is the best use of that kind of space, especially
he's putting parking in there. So we're even cutting down on what could be residences.
So yeah, if we talk to him about the color, I think it will kind of blend in better if you go
with the tans or the browns or whatever you guys go with. But I'm in favor of it.
MAYOR DICKEY: Thank you. Councilman?
MAGAZINE: I want to make sure I understand. By right, without a special use permit,
you put two floors of commercial; is that correct?
WESLEY: That's correct.
MAGAZINE: And how many parking spaces?
WESLEY: So again, at the extreme 16,000 square feet and one space for every 250
square feet, so that's four per 1,000. So 16 times four, about 64 spaces.
MAGAZINE: It's a lot of spaces.
MAYOR DICKEY: Yeah, no kidding.
MAGAZINE: And tell me again, I'm sorry. How many spaces are we talking about now
under the special use permit?
WESLEY: So now with what's being proposed, in terms of the combination of uses on
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here, he's required 17 and there are 20 between what's in the building and those
immediately adjacent to him.
MAGAZINE: Yeah. I think I agree with the Councilwoman, that this sounds to me like
the best alternative.
MAYOR DICKEY: So parking, the other part we talked about was the design. And if
this was a totally commercial building how much input would be required of us for the
design? Whether it's modern or whatever? I mean if this as by right, how much would
you kind of weigh in on that?
WESLEY: Mayor, it would come through just the staff level in terms of that site plan
and elevation review and we would take a similar approach. If indeed the council agrees
and as they discuss the SUP. That gives us a little more weight in terms of working with
the architect on that final design.
MAYOR DICKEY: Thank you. Again, this whole thing is very baffling to me. Does
anybody have questions that they'd like to ask the applicant?
MAGAZINE: Yes.
MAYOR DICKEY: Okay. Please, come up sir and then we'll see if there's any cards.
Thank you.
GURCZAK: John Gurczak, the developer and Fountain Hills resident. So basically the
commercial majority of it will be used by myself. You know, the other area I'm not sure
if we're going to need it or rent it out or something like that. But the majority of the
bottom right, that's all going to be personally used. And you know, really the -- what the
square footage of the lot, compare, if you count all of the parking space on the other
parking lot too, that's part of this plot, I think by right I estimate about 26 is designated
for this lot just on the outside. So you know, this is actually even much less because
you're only 11 parking spots are going to be outside. So as far as like the overall project,
you know, it's really a down zoning of what could be built by right. And you know, the
actual building itself, the same exact building could be built as a two-story like this. And
there would be pretty much no input on architecture from staff or anything.
MAGAZINE: Mayor?
MAYOR DICKEY: Yes, sir.
MAGAZINE: Sir, when would you anticipate breaking ground if this is approved?
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GURCZAK: Probably sometime in the first quarter. I'm probably the fastest builder in
town as far as all that and I get plans done pretty fast.
MAGAZINE: The reason I'm asking is that we've had, as you might expect, a lot of
request for special use permits.
GURCZAK: Yeah.
MAGAZINE: And they take a lot of staff time and council time to go over them,
deliberate, and so on, and a number of them never come to fruition.
GURCZAK: Yeah. Yeah, I mean, I have five private under construction in town right
now and probably another five that are starting the next 12 months too.
MAGAZINE: You're not going to waste our time?
GURCZAK: No. No. I don't like to waste time, plus it's already been about six months
we're in this process so --
MAYOR DICKEY: Any other questions for this gentleman?
GURCZAK: And you know, if we're able to get approval on this then I would definitely
be looking at other lots in that area and that whole center to kind of, try to redevelop over
the years and that.
MAYOR DICKEY: Thank you. Any other questions?
Do you have cards on this? Thank you.
MENDENHALL: Yes, Mayor, we do. We have two. Betsy LaVoie. Hopefully I said
your name right.
LAVOIE: Good evening, Mayor, Vice Mayor, Council, staff. I am a Fountain Hills
resident, as you know, since 1978 and I represent the Fountain Hills Chamber of
Commerce. Mayor, I'm also baffled. We need housing in Fountain Hills and I, from the
Chamber of Commerce, am recommending a mix use taking away commercial. So that
tells you how badly we need housing in Fountain Hills. In the past 13 months,
Councilmember Magazine, you mentioned the many special use permit projects that have
been presented to this council. You've had three in 13 months and similar to the one
presented here today and all three were approved, all three were similar to this project.
So I also don't understand.
This project was questioned for architectural design, although many similar designs in
Fountain Hills were approved, for example the gun site apartments were approved and
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look lovely. You might not agree, but I think they look lovely and it's a similar design.
The project was also suggested for approval by planning and zoning given the final
drawings brought the dwellings to four, which it has. So it has accepted that challenge
and met with it. Parking was also and continues to be raised, which is interesting because
it was also addressed multiple times in a much better fashion than if it were commercial.
Not only do the town parking regulations and ordinances, not only does it fit within that
but it also fits in with the president of the association for plot 106 for the mixed and
shared uses.
I am a part of the board of directors for Plot 208, so I know and am very familiar with
parking issues and there's plenty of parking in this area, as the president of the association
has stated.
Additionally, I know you are all very well aware that if this owner-builder-developer
decided to change uses of this project or if he sold the property and that new owner
decided to change uses, they would have to go through the proper channels, through the
Town of Fountain Hills in order to have that zoning or those new uses accepted. So I
know a month ago, when this was postponed, it was brought up for a group home, but
that is of no consequence for today's decision for a special use permit for a mixed use,
because that is not what is before you today.
That, if that was ever before you, that would be a decision to be made at that time. But
we're focusing on a special use permit, very much like the other three in 13 months that
you approved. And this area of town has not been built on or developed in almost 20
years. Multiple sections of our approved general plan quite literally support the approval
of this mixed project. And I can share those with you if you'd like, but I'm sure I don't
have time. And as a voice of the business community, I do strongly recommend approval
today of this special use permit. Our town needs it. Not for the commercial, but for the
residential. Thank you.
MAYOR DICKEY: Thank you.
MAGAZINE: Mayor. Betsy.
MAYOR DICKEY: Oh, I guess we have a question here.
MAGAZINE: Just to clarify. You said you didn't understand my comment. It might
have been three in the last 13 months, but I've been on this council for eight years, and
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there are any number of them that were approved and were never built. And I know
there's a six month -- I think it's a six-month time limit, is that correct? Before the timer
runs out, but I just want to be sure that he's going to build it, that's all.
LAVOIE: Absolutely.
MAGAZINE: I'm in favor of it. I just want him to build it.
LAVOIE: Right. Absolutely. And it's not quite fair though to ask this new developer
and compare him to previous projects that he's unrelated to that have asked for extensions
when there's huge staff and building material shortages. It's no wonder. I have all the
dates and all your six-month extensions, and I know the data and I know that you've had
people asking for extensions which is typical and normal in the building world today.
MAGAZINE: Yes, it is. But we did not have shortages, five, six, seven, eight years ago.
LAVOIE: Correct.
MAGAZINE: This is fairly recent.
LAVOIE: Which is not his --
MAGAZINE: I understand that.
LAVOIE: Right.
MAGAZINE: I'm not disagreeing with you. Take a win. Take a win.
LAVOIE: No. Thank you.
MAYOR DICKEY: Any other questions? No?
MENDENHALL: Next is Don Prescott.
MAYOR DICKEY: Hi.
PRESCOTT: Hi. I'm Don Prescott. I'm a certified financial planner. I'm one of the
people who got a special use permit and built a residence. So I live at the building in-
between the Sylvester's Wine Bistro and the church and you know, we're happy to have
residential neighbors and commercial neighbors to see some life. I run a financial
planning office on the first floor. So we're happy to breathe some life. So as a residence
it's happy to hear that if any change in use, that means that a potential owner has to come
back to the drawing board and come back to the council. Obviously, I'm not a CC&R
expert, but my understanding of the CC&R's 4106 will never allow or have dedicated
parking spots. That's just what I've gathered, so I just want to make sure the council
understands that. Nobody gets a dedicated parking spot there.
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So yeah, we're happy to be part of this town and happy to have my business here and to
be a resident. So thanks.
MAYOR DICKEY: Thank you so much. Any other cards?
MENDENHALL: No more cards, Mayor.
MAYOR DICKEY: Thank you. Any other questions or comments? Yes, sir.
SPELICH: Thank you, Madam Mayor. Let me make this perfectly clear. I am not
against development, regardless of what Ms. LaVoie might say to others that get back to
me that I am ant-development. I am not anti-development. And there seems to be some
pushback up here like we delayed this project. It is my job as an elected official to
represent the residents of Fountain Hills. If, in my job duties that I ask for more
information or request more things, it's not because I'm trying to put up roadblocks or
anything, I'm trying to make an informed decision and make my vote worth something.
So this general like, oh, well, you've had other people come up here and get special use
permits and everything. That's all well and good. Each thing is taken separately. So the
tone up here of this is a no-brainer, why are we delaying this, this shouldn't -- I will never
apologize to you, Mayor -- I'm so pissed right now, or anybody else on this council if I
ask questions about a project and I want the plans and I want to see what I'm voting on
before I make a decision.
So if I made anybody up here mad, too bad.
MAYOR DICKEY: Any other comments or questions? Can I get a motion, please?
SCHARNOW: Yes, ma'am.
FRIEDEL: Move to.
SCHARNOW: Oh, move to approve SUP22-000001 to allow up to four dwelling units
and requiring the parking spaces in the building to be designated for tenant or owner use
as approved through the site plan.
MAGAZINE: Second.
MAYOR DICKEY: Thank you. All in favor please say aye.
ALL: Aye.
MAYOR DICKEY: Any opposed? Thanks very much.
I think -- do we have any discussion or direction to the town manager?
MAGAZINE: No.
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MAYOR DICKEY: Going to adjourn this and we'll take 10 minutes, and then we'll start
with the work study; is that okay.
MAGAZINE: Sounds good.
MAYOR DICKEY: Okay, motion to adjourn?
MAGAZINE: Second.
MAYOR DICKEY: Thank you. All in favor?
ALL: Aye.
(Recess)
TOWN OF FOUNTAIN HILLS
MINUTES OF THE WORK SESSION
OF THE FOUNTAIN HILLS TOWN COUNCIL
SEPTEMBER 20, 2022
1. CALL TO ORDER
Mayor Dickey called the Work Session of the Fountain Hills Town Council held on
September 20, 2022, to order at 7:48 p.m.
2. ROLL CALL
Members Present: Mayor Ginny Dickey: Vice Mayor Gerry Friedel; Councilmember
David Spelich; Councilmember Sharron Grzybowski; Councilmember Alan Magazine;
Councilmember Peggy McMahon; Councilmember Mike Scharnow
Members Absent: None
Staff Present: Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town
Clerk Linda Mendenhall
Audience: Two members of the public were present.
3. REGULAR AGENDA
A. DISCUSSION AND POSSIBLE DIRECTION: Allana Buick and Bers will be
presenting its Preliminary Report related to water/moisture intrusion issues at the
Community Center.
Eugene Buick, Allana Buick and Bers provided an overview of the water/moisture
intrusion issues at the Community Center and answered councils’ questions.
4. ADJOURNMENT
Having no further business, Mayor Dickey adjourned the meeting.
The Work Session of the Fountain Hills Town Council, held on September 20, 2022,
adjourned at 8:48 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 Work Session held by the Town Council of Fountain Hills in the Town Hall Council
Chambers on the 20th day of September 2022. I further certify that the meeting was duly
called and that a quorum was present.
DATED this 18th of October 2022.
_____________________________
Linda G. Mendenhall, Town Clerk
TOWN OF FOUNTAIN HILLS Page 1 of 25
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Post-Production File
Town of Fountain Hills
September 20, 2022 Work Session
Transcription Provided By:
eScribers, L.L.C.
* * * * *
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 25
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MAYOR DICKEY: Thank you. We'll call this special work session to order and I don't
think we need a roll call right now and we'll just get going. Thank you.
MILLER: Thank you, Mayor and Council. We're before you tonight with a presentation
from a firm that was engaged to help us try to identify the sources of some of the issues
that we've been having with water intrusion in the community center. Tonight you're
going to see the results of some of their testing and then also they're going to share with
us their, what would be called near-term and longer term kind of solutions to try to
address the issues.
I'm going to turn it over to our public works director; he has a few more words and then
he's going to introduce our presenter tonight who is Gene --
WELDY: Eugene Allana (sic).
MILLER: Thank you. With that I'll turn it over to you.
UNIDENTIFIED SPEAKER: It's late.
WELDY: Eugene Buick. Excuse me. That's right. It's Allana Buick and Bers is the
firm.
Thank you, Grady. Madam Mayor, Vice Mayor, Councilmembers. Over the last several
months the town manager, myself, and the facility supervisor has had an opportunity to
have numerous discussions and do what we could to make immediate and/or temporary
changes to the deficiencies at the community center and just a little bit of history lesson
in regard to some of the comments that we heard tonight.
I am fortunate enough to have spent almost 16 years in this organization. The first
several of those in the engineering department and sat in on several meetings with the
only other two public works directors that have held the position, in regard to discussing
the town's buildings. And we have three of them here that are just under 90,000 square
feet and roughly about 20 years old. There was a considerable amount of discussion
related to the community center in regard to the moisture barrier that may or may not
have been installed as part of the original construction of that building. Throughout the
years carpeting and flooring repairs all addressed that issue in regard to moisture coming
up from the slab. In fact, prior to us engaging the mayor and council for the most recent
renovations for that facility, the town manager, myself and the facilities manager each
looked at professional opinions on the type of adhesive that would be required to combat
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and help support the flooring. Not only the ceramic but the carpeting and luxury vinyl
tile again related to what we knew and what we had been told in the reports that we had
read.
It is very, very difficult to explain to you how frustrated and angered and surprised we
were that as construction was underway, to make that building refreshed and a better
place for the community to enjoy, when it started raining water was coming in from
places that we could not imagine. From not only the doors and the windows, but the
walls. And I will simply state this clearly, I will not assign blame for those deficiencies
once I knew about it to anybody else. I will also state that immediately when we
recognized these issues we worked with the town manager and other professionals to
address what we could at that time with immediate action.
After that we began to search. And when I say we, primarily myself, trying to see if we
had a contract that was existing with a firm, with expertise that would be able to provide
some sort of guidance. I basically exhausted what we had in regard to existing contracts
and again, to reduce the time necessary the facility supervisor noted that at his previous
employment there was a firm that specialized in this very thing.
I didn't immediately agree to that. We did have conversation. I had conversation with
the town manager, did a little bit of research and discovered in fact this firm is qualified
for exactly the challenges that we're facing in regard to the construction deficiencies.
That firm is going to be giving you, or at least as representative from there, is going to be
giving you an update of their findings tonight. But there are a couple of things prior to
my introduction to him, and I'll use his correct last name this time.
That immediately after we were made aware, we began to take steps to seal areas. One of
the in fact, unused doors for one of the classrooms, we used a popular television product
that you can spray on a screen door anything else and it stops it from leaking and you can
turn it into a boat. I will say that their tape and their spray minimized the intrusion of
water through that door. However, ponding on the west side of the building still allows it
to enter through there. That one is somewhat of a challenge. We also, during
construction, the facility supervisor brought in a door specialty company to work on,
adjust, and/or replace the thresholds. As part of that project we did know that water was
running in the main front door and we took action and addressed that as part of that
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project but with a separate funding mechanism to put new concrete in there and a new
drainage system to move that water away.
Again, we have not just sat around and waited for somebody to do something. We have
actually been doing something all along and I'd like to remind and I know the council is
aware of this. But we have one facilities manager and we have one plant mechanic, is
what I refer to him as. He's a facilities maintenance guy and he takes care of all three of
these buildings and often times all you'll see of this individual are his feet or from his
knees down, because he's standing on a ladder in one of the ceilings in one of our
buildings addressing some of the concerns.
Some of the concerns that we have are the rain gutters at the community center that come
down through the walls. They're referred to as a no hub system. Town staff, along with
the support of contractors has been addressing those no hubs. We also -- that individual,
Paul is his name, noted that while he was in several of the ceilings he discovered what he
referred to as turkey pans. Who are aluminum pans that the previous facilities and plant
mechanic put in areas of, not only town hall, but the community center because there was
a leak that they simply could not identify its origin. Either coming from condensing
pipes or drainage structures or roof leaks. Each one of those that have ben discovered
created a stained tile. To eliminate that, they put in this drain pan and while they
continue to work towards finding that leak, they simply dumped the drain pan. As repairs
have been made by staff and contractors some of this piping has been moved. As a result
of that, there is a leak a little bit further down the line and that happens and what that
does is it creates an additional stained tile.
We continue to remove and replace the tiles and take other measures, including most
recently, at the direction of the town manager, securing two very large humidifiers. And
I'd like to report that on average they're pulling in about three gallons of water every four
hours apiece. The town manager had some concerns in regard to the HVAC system. We
have done a back check on that to determine whether or not anything was changed or
manipulated by our new contractor. We find no evidence of that.
So an explanation, if I could offer it, is that as of recent the humidity has been higher all
the way around. So we recognize and understand the challenges that we are facing. The
town manager, myself, and Rachael, who's not here tonight, the community services
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director and the facilities manager had we known about all of the other construction
deficiencies we would not have come to the council with just carpet and other flooring
and paint and furnishings. We would have put together a much, much larger project.
Now, what we're going to do is work, not only with this professional firm, but we are
working to secure another specialty firm to deal with what's described as organic matter.
In relation to that, the stuff that was found on the sheetrock as it was opened for this
assessment, that sheetrock was disposed of. While we do not have the individual here
that helped to repair and do some treatment of that, we do know that some of it in regard
to the organic matter was either disposed of or sprayed with bleach and water at that time.
In order to get an assessment of that, we need a firm and there are lots of firms out there
that are eager to run out here and provide their services but very similar to the forensic
architectural assessment we need a specialty firm that primarily does their assessments on
large commercial buildings with a relatively large influx of residents, people that use it
primarily six or seven days a week.
With that said, if you have any questions for me related to the rambling that I just did, I
will certainly do my best to answer them and then I will introduce the professional
engineer.
SPELICH: Thank you, Mayor. I think what should be at the very front of all of this, and
I can't even believe I'm saying this, because I'm so against studies or spending money on
any of this stuff. We need to get someone in there, some firm in there that can
immediately come and test the air quality and everything else. We have full-time
employees that are in that building breathing all this stuff. We also have seniors who
could be immune compromised and have underlying medical conditions that could be
exacerbated by attending anything in the community center. So I hope part of this plan is
to immediately have an air quality test done to make sure, because I personally am
speaking from experience, I had a leak in my home and black mold was involved. It is
very serious, very serious. And it grows like crazy. So I think at the very front of this,
before we go onto -- and believe me, I've got plenty to say about this report and
everything. But I believe that before we get rolling we need a firm to come in there and
test the air quality to give the employees of the building assurance that they're not going
to get sick or breathe in things that could be harmful and more importantly the residents,
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especially seniors who are going in there. Because I was in there, it smells horrible and
I'm worried.
WELDY: Madam Mayor, Councilmember, we absolutely agree. We are in the process
of procuring said specialty company. Again, we want them to be vetted and be able to
meet the needs that we have and that will follow through with an architectural firm that is
a specialist in this type of construction deficiency as well.
FRIEDEL: Justin, I'm not an engineer, but can those no hubs be sealed off and have that
water rerouted to the outside of that building? I think that this is a major part of our
problem with this building. I don't know what that would cost, but I'm just asking the
question, because if that water is running down the inside of our building and we have
any kind of leaks in there -- so that's the first comment I want to make. And this just
started -- don't we get rain every year? Is this just something we're just now noticing? I
mean what happened five years ago or seven years ago? So again, I'm not asking for an
answer, but I'm just throwing it out there because this is -- this didn't just happen
overnight. And so we cut out sheetrock. What about insulation? What about the
framing? Was any of that compromised? Did we treat any of that before we put
sheetrock back on the wall? I don't know the answer to that. And then I had air test
written down on my list of things here as well, too. So I know you're on top of that, but
those other ones, I don't know if we have answers for that or if that's part of our proposal
or what. But I'm thinking that those no hubs are a problem; and maybe I'm wrong.
WELDY: Madam Mayor, Vice Mayor, rerouting the roof drains is going to be very
expensive because they currently enter the building at numerous locations and that is
because of the architecture of the building. It's a flat top. In order to push that water off
to one side or the other, you have to build that up and create that flow. That is certainly a
challenge. There are systems, modern systems that function and with the proper
maintenance last for years and years. And not all of these no hubs and these roof drains
are failing, just some of them at some locations. And keep in mind that again, the single
individual we have along with the support of some contractors does a pretty good job of
keeping the majority of this stuff operating without any issue.
In regard to the latter part of your statement, most likely and I cannot speak for the
previous facility supervisors, when there was rain and we discovered this after a
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nighttime, the water flowed freely, very, very thinly out into areas near the middle of the
floor. And if you didn't see the path from it in the construction dust, you would have
thought it would have originated in the center of the floor.
Some of their conclusions in regard to the vapor barrier were likely a result of that. The
rain -- when it rains, it enters and travels either underneath or through the flooring to the
lowest point on the on grade slab. The reason we noticed it is because there was no
flooring and no trims and so you could clearly see the path that it had taken after and
during -- or during and after the event.
MAYOR DICKEY: Grady?
MILLER: Mayor, Council. Very good points and comments and definitely we are as the
public works director indicated, we are looking at companies that will help us identify if
this is an issue, they'll be doing testing.
But what I'd like to do, we're speculating up here at dais before we've even had the
presentation. So I'm going to have the -- Gene come up and give his presentation. He
has some cutouts showing photographs of what they did and what they've observed. And
so he will be able to answer, I think, your questions Vice Mayor that you had about
insulation and drywall and what they saw.
WELDY: With that said, Madam Mayor, I would like to introduce the professional
engineer from Buick and Bers. His name is Eugene Buick and he is going to do tonight's
presentation.
MAYOR DICKEY: Thank you.
BUICK: Good evening, Mayor, Vice Mayor, Councilmen, Grady.
My name is Gene Buick. I'm with Allana Buick and Bers. We are a national firm that
specializes in the diagnosis and repair of buildings that have similar problems such as
yours.
Tonight, I will review our findings and be happy to answer any questions.
So here's you community center. You have cement block walls. You have metal
framing. You have a synthetic stucco finish and of course the windows. The storefront
windows and the punch windows as well.
And portion of the building is surrounded by concrete hardscape. And the other is
softscape. So here's an overall view. And also you have your roof which is a firm roof.
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Building was built approximately 2001 and it's about 25,000 square feet. And as
referenced earlier here, there was an interior remodel around October 2021.
So we were contacted by the Town of Fountain Hills in February of 2022. A contract
was issued to us in March of 2022 and immediately thereafter we prepared a leak testing
protocol. You know, when we were called out to study this, typically what we'll do is
we'll do a leak testing protocol which test windows, test concrete. We're trying to
diagnose what the issues are and what they could be and is it one issue, is it two issues, is
it three issues.
On May 24th and May 25th we surveyed the community center and performed visual
observations, water testing, and some limited destructive testing through the assistance of
a contractor. And then we issued a report in June of 2022.
So here's some overall photos. I think the one thing that wasn't mentioned. If you look
on the left, there's this sort of metallic tongue that's sticking out. That's a roof drain
outlet. And I guess recently, within the last year or so there's actually some
improvements made on the site where these wells were installed with drains to direct
excessive amount of moisture buildup around the building at this location to direct it into
the storm drain.
We also have photos of storefront windows and concrete. Here's some more overall
views. And most of these areas are experiencing leakage as a result of both window
issues, door issues, and then issues with the exterior concrete slab and the hardscape.
So here's a snapshot of the testing locations. We tested over 20 locations. We water
tested 24 and all 24 leaked. So we batted 1,000, so they say.
With the windows, which we'll talk in -- which I'll describe. So the windows are leaking,
but why are they leaking? And what we're going to do is go into what all the failed
components are.
So with the storefront windows, big picture obviously they're failing to manage the water.
The water is entering into the building. You have vertical mullions that aren't resting on
sill cans. You have a lack of sill cans. The window product lacked weep provisions. We
have window mullions, so basically parts and pieces of this window is at least dry. There
isn't any sealant to help resist water from coming in. All you have are these rubber
gaskets that go around the window.
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You also have gaskets that either shrunk or short. We also see disported sealants. That's
also another path for moisture intrusion. We do see some IGU failures. So if you've ever
seen in your own home where there's a little fogging or something of your glass, that's an
IGU failure. It's two pieces of glass with a seal and from time to time those do fail.
But the other thing that's common around the windows, you have hardscape or slabs that
are reverse sloped. So not only do you have the window issues, it's compounded by the
fact that you have water resting against the window. So you have sort of this dam or pool
of water that's building up.
So typically what we did was, we had our spray rack and the spray rack what does it do?
It sprays water on the window to see, you know, if the window's leaking. Of course
through our testing and I'll show you some photos, we did see water come in. We didn't
use negative pressure. That's often times a second step and basically we had a static test
which -- you spray the window at about 24 PSI and we watched the inside and see what
happens.
So if you recall from chemistry class, we all had our litmus paper and it changes colors,
and that's what we use when we're testing to kind of give you a good photographic
evidence of moisture. And so what we have here is -- and this is probably after a minute
or so, water pouring in. And so water's pooling around the windows. They're also
pooling through the bottom of the windows.
We have frame intersections that are leaking. We could see there's just many areas that
are failing and allowing water in.
With the doors, we also tested the doors. Again, reverse slope, concrete hardscape.
Perimeter seals that are failing. There's no pan flashings. There's glazing pockets. The
glass is allowing water to come in where it's kissing the frame and we do see daylight at
the doorjamb assemblies. That's another opportunity for wind-driven rain to come in.
So here's our trusty level and you could see the blue arrow is denoting that there's reverse
slope. So if you have any moisture building up it then flows into the interior.
Here's the double door leak. We see voids and again, you could see this pool of water
that's flowing into the interior. And you could see how far it goes, right? It's just a river
that goes deep inside the building and I think part of that, again, is the slope of the slab
and the hardscape.
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As far as the wall cavities, part of our testing and observations was to understand is water
getting into the wall cavity. And so we could see here when some of the drywall was
removed, we see that there is moisture coming in and what I'm pointing out here to the
right, there are open seals, a lack of flashings, and voids where the door integrates with
the window wall assembly. So we have moisture intrusion into these areas.
And frankly, you wouldn't know that that was happening without removing the drywall.
No one goes in normally to remove drywall to look for leaks, but part of our scope is to
perform these biopsies and see if there is any damage and any moisture entering into the
cavity.
Here is some glazing leaks. More leaks through the thresholds.
As far as exterior observations there are portions of the slab, this is the structural slab that
extend beyond the footprint of the window. This slab and it's through shrinkage, a little
bit of curling. It sort of slopes back into the interior. And so what you have is a pooling
effect of water at the base of the window. So you have issues with seals and now we
have a pool of water building up against the window.
Here's a photo, we took our little ruler and noted that there were some openings in the
sealant. Again, another area for water to get in.
Here's some short gaskets. We also see pooling water adjacent to the doors and walls.
I'm going deep inside areas that are fairly protected. There's some damage to the gypsum
board. You could see that.
Again, we see a little bit of corrosion on the rusted track. And we see the water damage
from the presence of water.
Any questions?
MCMAHON: I have a question.
BUICK: Yeah.
MCMAHON: Is this all because you pulled the drywall and looked at it?
BUICK: Is this --
MCMAHON: All the pictures and stuff are based on --
BUICK: Correct. I mean --
MCMAHON: Okay.
BUICK: Yes, there was destructive testing to remove drywall so we could observe the
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condition of the interior. And part of this helps us develop an initial program for the
building repair. Of course, I mean, we'll get into the scope of repair but we have to
understand what the structure and the elements look like because you can't exclude these
areas. These would have to be part of a repair project. So we need to know what that
condition is.
MAYOR DICKEY: Council?
MAGAZINE: Yeah, just to follow-up on an earlier question. About three years ago we
had something like a 500-year storm. I mean it was really, really bad. Is it possible this
is just showing up now?
BUICK: The difficult part is a lot of these conditions are concealed. So you may not
necessarily see it manifest on the outside of the wall. And certainly I think it's gone for a
while, given the damage and the corrosion we see. You won't see corrosion
instantaneously over a one-year period necessarily. So I'm sure it's been some time that
it's been experiencing it. Certainly having a 500-year storm, doesn't help. It may
exacerbate the situation.
MAGAZINE: You showed photos with some ponding water. I assumed that happened
before?
BUICK: Sure.
MAYOR DICKEY: The other part that you mentioned was years ago, knowing that
there was something but it -- we thought it was coming from the middle. It's kind of like
what you were saying. Because I remember the discussion, I don't know, a long time
ago, right, with previous folks and that that's what they thought and they got the sealer
and did things that they could do. But it wasn't the root, I guess, is what you're saying.
BUICK: You know, this isn't the first time. You have a leak. You rely on certain
experts. They tell you, oh, the floor is leaking, and maybe it was. But sometimes not all
the issues are identified. And so now you're learning after you've remodeled it, you do
have these sloping issues. You have these window issues. And that happens.
MAYOR DICKEY: Well Mr. Watts had said, kind of mentioned the word implied. But
it sounds like -- I mean it sounds like you're saying exactly. Are you implying something
with this or are you saying it straight out?
BUICK: I'm saying straight out. There's --
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MAYOR DICKEY: I mean he --
BUICK: -- leak issues, there's water issues, and there's damage issues. That --
MAYOR DICKEY: You heard what he said, right? So I was trying to figure out what --
is there something that I'm missing that is beyond this report because it seems pretty
straightforward? Thanks.
BUICK: Well, what do we do? You have damage, you have leaky windows, you have
leaky doors. There's sort of two buckets here. What can we do today? And what is the
long-term plan for this building. So in terms of near-term solutions, and we've done this
on buildings, 20 years plus, 30 years plus. One method of reducing or minimizing or
eliminating the intrusion of water at the windows is to wet seal them. Wet sealing is an
alternative to replacing them in the immediate term. You apply a silicone sealant, UV
resistant, and you have to seal all the joinery. All the areas where the water can come in,
so you can stop that. So you don't have that pooling and flooding on the windows. So
that's one option.
Also let's repair the perimeter window sealant where the window meets the stucco walls.
We had a ruler we inserted between the stucco and the window, so there's some
delamination there that needs to be addressed. Let's inspect the door thresholds and fully
embed those in sealant. Usually, what we see that happens in the construction world,
someone puts a couple of beads of sealant and calls it a day. Well, you really have to
coat the underside of that threshold and set it in a full bed of sealant so water doesn't get
in-between the threshold and the slab.
Another option is coating the reverse slope sills. And I'll just put here an item number 8.
In addition to coating the reverse slope sills, before you even coat them, and provided
that the rebar has enough concrete cover, you could consider grinding those extensions
beyond the windows, so now it slopes positively away from the building. And that
certainly an option. You see grinding down on sidewalks when the tree branch -- the
roots lift up the sidewalk. So you could potentially grind that away. And then there's
also some targeted repairs where you could cut out and slice portions of the hardscape,
introduce a trench lane that then allows water to flow into the softscape and to nearby
drains. So there are some, I would say effective immediate near-term solutions that you
could implement to help reduce the amount of water that's entering into the building.
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FRIEDEL: I have a question.
BUICK: Sure.
MAYOR DICKEY: Yes.
FRIEDEL: That hard concrete that's sloped toward the building. Was there any evidence
that you saw of that actually settling down. Or was that just -- is that just the way it
was --
BUICK: I believe there was a survey done that maybe the building itself was -- was it the
building or the hardscape? The building itself was installed, I think, a little too low by
2/10s of a foot. So there was some construction issues. But I think some of this reverse
slope is actually a function of potentially of the concrete curling just a hair bit and pulling
back. One solution I had mentioned was this trench drain idea, and I just sort of
cartooned in a trench drain. So you see the slope. So if we can grind a little bit of the
curb, could we introduce a trench drain to help manage this water and then go into the
landscaping to nearby drain? I think it's an option to consider. Not cheap, but it's an
effective way of addressing some of the water that's building up against the building.
MAYOR DICKEY: Council?
MAGAZINE: Yeah. A question. Can we go back to that other, the slide just before
this?
BUICK: Sure.
MAGAZINE: If we were to undertake the near-term solutions, but then we have to go
full bore in another year, two, three, are we wasting a lot of money? Is a lot of this just
basically, pardon me, sticking the finger in the dyke until we do something permanent?
BUICK: So I mean that's always a concern. I mean the question you have to ask
yourself can we do something effective today to help reduce that moisture. Because we
all know you have to hire an architect. You have to hire the hygienist. You have to draw
the drawings. You have to go to permit and plan check. You have to bid it out. How
many years pass by? Two years? Three years? So I think, yeah, you will spend some
money doing these repairs. You have to evaluate the cost, maybe get a bid for this. I
understand what that is, but I don't think it's necessarily a waste. I think we jut need to
look at it more in a targeted fashion, is there a way to do something today to get you by
for the next three years.
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MAGAZINE: I guess I'm trying to make myself clear, because I don't really understand
it all. But get us by, okay. For two, three years. Three years comes along, do we lose
anything? I mean of all these things long-lasting or they have to be done over again?
Wet sealing of windows. If we've got to replace windows, wet sealing doesn't mean
anything.
BUICK: Well, sure it does. Today it does because you stopped the leak now.
MAGAZINE: Right.
BUICK: But you have -- it's a business decision. We deal with clients all the time.
Someone will wet seal it; someone will replace it. Replacing is a lot more expensive than
wet sealing. But in the study of these longer term solutions, yeah, you may end up
replacing the windows. And therefore you did consume some money to seal them
temporarily that you can't use.
MAYOR DICKEY: And to your point, some of this is a business decision because you
talk about what season is it and what's the use of the building and how much is the
building going to be sort of uninhabitable versus do you do something like this. So I
think it kind of goes into more than just the cost to what's the use of and would this be
done really, really quickly to address some of the things that Councilmember and Vice
Mayor had talked about health-wise. And is this something we want to do right away.
Grady?
MILLER: I was just going to say like the trench drain, I see that as being an overall
investment because I think it's going to be something that's going to have to be done
regardless. We're showing it's near-term because it's something that I understand we can
do and get started on it now. Longer term is the next 12 to 24 months after next fiscal
year. So trying to get this started here and trying to get it going is going to be an
investment, I think for the long-term.
BUICK: Let's talk about the long-term recommendations. So first part is to retain a
design firm experienced in the report of exterior envelopes. Get a local architect that's
familiar with the city, understands the needs. We really have to get this program
correctly. What's proposed right now is to think about the replacement of the window
and door assemblies with new. Install new waterproofing and sheet metal flashings
beneath the assemblies. There also have to be targeted repair of the exterior cladding.
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The synthetic stucco. So it's not easy to pull out a window. You have to break out the
stucco around the perimeter. You have to reflash it. You're going to have to patch it and
then we have to think about the patch. How well is that patch going to hold up. So we
have to look at coatings and maybe a reskinning of the façade.
So it's very complicated and it's costly. But we have to think through all of these things
so that you don't come back here in five years. Don't come back here in 10 years. Of
course repairs to interior finishes. So in any project that's had water intrusion, you have
to have allowances and unit prices to replace framing that's rusted. You have to have
allowances to replace the drywall. That all has to be in the plan.
And then of course, the replacement of portion of the exterior hardscape and installation
of additional drainage. Again, that could happen now or that may happen three years
from now. Again, it's part of your business plan, business decision for improving this
building.
In terms of a schedule, I had a discussion with Grady and the team. Certainly the near-
term solutions, you could look at implementing. Some can start sooner than others, but
you're looking at a period of between October 2022 and June 2023. Part of that will
require procurement of a contractor and so that does take a little time. And development
of these solutions.
MAYOR DICKEY: We could do that air quality evaluation before that, right? That's
kind of the only immediate like worry I would say.
BUICK: Yes.
FRIEDEL: Can I make a couple of comments?
MAYOR DICKEY: Yeah, sure.
FRIEDEL: We've got a guy in our planning and zoning I think we really need to tap into.
That's Rick Watts. He's dealt with a lot of this stuff. He knows people that can get us the
help I think. So that would be the first thing that I would suggest. And then I didn't see
anything mentioned in here about the roof yet, maybe you haven't gotten to it. But
maybe there's a concern about that roof. And then the thing that struck me as well is, 24
tests, 24 leaks. We are paying an awful lot of money to run this building in energy cost
that hasn't even been brought up. And I'm willing to bet you that if we do replace
windows, if we have to at some point, that we're going to see a substantial savings in
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energy cost alone because if we've got those kinds of leaks, that meter is just running
nonstop.
BUICK: Yeah. As far as the roof concern, it's in our report. The primary discussion
points here are the windows, the doors. That's sort of the lions share of the issue. But
certainly the roof, we've provided some recommendations and my understanding is the
team's looking at getting a repair quote to recoat, refinish the roof and address the leaking
penetrations and those associated components.
MAYOR DICKEY: Thank you.
So Grady, what do you want from us?
MILLER: Money.
MAYOR DICKEY: I mean besides that.
MILLER: So we're going to be fine tuning. This isn't the end of this discussion. So
we're going to be doing two things. As was mentioned earlier we're going to be training
to have the building evaluated for the interior for the air quality and if there's any issues
perhaps with mold and mildew, and so you'll be made aware of that. But we also are
going to put together a plan as to what these near-term recommendations will be and then
the longer term ones. So we need to probably pull in another firm that just looks at the
architectural recommendations here and what those are going to cost. Because that was
not part of their scope here to do that. So there's more yet to come to you and we will be
doing that.
I would probably tell you that we'll likely put together a capital improvement project for
next fiscal year, at least as a placeholder while we're trying to develop what those costs
might be.
Again, I really want to evaluate what these near-term solutions might be because they
might really just take care of -- I mean the storefront windows, my understanding is that's
completely custom that we have there now. They're not off-the-shelf kind of windows
that you just can buy. So that's going to be very costly and then impacts of replacing
windows to the interior finishes, as you heard, can be quite expensive.
So again, when I asked you about the sealant, I was told you believe that that could be a
25 to 30 year, if it's done appropriately, right? On the windows?
BUICK: Depending how the sealant's applied. Silicone sealants have a very long lasting
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life. They're UV resistant. If they at the proper dimension, the proper thickness, proper
adhesion to the windows, it cane last a very long time if it's done properly.
MILLER: So in answer, that's the track we're on right now.
MAYOR DICKEY: The other thing is if we are going to replace them then you end up
probably taking a really long time to, not only find them, but to get them. So I don't
know that we would want to be leaking all that time either.
BUICK: The other thing to consider with replacement of windows, you also don't want
to have a quilt patch network of windows. So if you replace the storefronts, then the
question becomes well, what about the other windows? You know the punch windows
that may or may not be leaking. So we have to consider all those.
MAGAZINE: Instead of near-term or long-term, would it make sense to mix and match?
For example, are there near-term things and maybe some long-term things that can be put
in a little package? I don't know if that makes sense. Or do one -- or does the near-term
obviate the need for some of the long-term?
BUICK: I think it would still be two different packages because it would take a longer
period of time to develop the drawing and specifications for the long-term solutions. Part
of it's going to be an energy analysis to your point. You know, we have more energy
efficient windows that may improve, result in a reduction of energy usage within a
building. So there is some energy analytics that have to happen. So that takes time. So it
would actually be probably two separate packages.
MAYOR DICKEY: David?
SPELICH: Thank you, Madam Mayor. Well, it's a great report Mr. Buick and it's a
troubling report. I have to be honest with you, I read it and I didn't sleep that night,
Saturday night because I read it and did nothing but really make me angry. I just -- if we
would have known a portion -- even I think I a small portion of the magnitude of how bad
this building is in disrepair, I don't think any of us up here would have voted for the
$800,000 to remodel it. I mean it's like, you know, your house has fallen down, the roof
is broke, but you go out and you put hardwood floors in and put up brand new wallpaper
and curtains. We totally did it backwards.
I think that this is -- and believe me when I tell you Mr. Buick, I -- a lightbulb change and
maybe using that little tool to get the garbage disposal unstuck is my total knowledge of
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anything building related. So I'm not even going to sit up here and try to BS you. But I
just feel like how did our staff, how did facilities, how was this not -- I mean I can look at
your pictures and see that the windows don't have sealant. And believe me, I'm not
talented, but I know that there's sealant missing. There's just things that I just -- I'm so
disappointed that we didn't pick up on this. I know would have, could have, should have,
but I just -- I feel so let down that we spent so much money to beautify this building and
the outside is in such bad shape. And I cannot believe that when you come back with
this, that this isn't going to be north of a $1 million.
I mean I just had a estimate for windows on my home and it was 40 grand.
BUICK: This will be over seven figures.
SPELICH: Oh boy. December can't come quick enough.
BUICK: I do want to speak to -- I'm not saying, or not knowing and -- we have clients
that have gone through construction defect litigation and they come back to us and say
we don't ever want to go through that again. What do we need to do? Well, what
happens is, you're restricted in budget on how much you pay an architect. So you have a
finite budget. You don't have a budget for maybe a building commissioning or building
envelope inspector. Call your insurance person that's working on behalf of the owner top
check these things.
We have projects where we verify that brand new windows. We'll do a mockup. We test
it, make sure that doesn't leak as they're installing it. So I think some things to think
about a long-term is what is your plan for maybe improving or maybe equipping your
staff with tools like us to verify some of the work as it's being installed. And I'll tell you
a lot of projects don't have that luxury. And it is an expense that has to be budgeted in
advance. And it's -- we see that. People have learned then rethink how they want to
approach a project. So it's an unfortunate lesson learned.
SPELICH: So in your professional opinion do we do these glazing or siliconing these
windows or rip the Band-Aid off and do it the right way?
BUICK: You're in a tough spot because they're leaking really badly. So short of putting
a giant screen with a special spray over them or awnings, I think you're sort of
handcuffed into having to wet seal the windows.
SPELICH: Wet seal as opposed to replacing them?
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BUICK: Yeah. Because you can replace them but you're going to have a lag time of two
or three years and I think it's important to stop that water now. To minimize the adverse
effects on the facility.
SPELICH: So Commissioner Watts you were here in the front row and you heard what
one of our residents said about possibility of a liability issue with the builder of the -- if
the builder still even exists. Do you believe there was negligence in the building?
BUICK: So we do a lot of forensic work. Our company studies thousands of
condominiums, apartments, commercial buildings and there's always a reason why the
building failed. It could have been design, it could have been the builder, it could have
been the decision made not to include certain flashing elements because it was value
engineered. So it's tough to say but clearly there is a workmanship issue here. But there
are other reasons for it.
SPELICH: So in 2001 was part of putting up a building like that, would that not have
included the pans that you talk about?
BUICK: Not necessarily. I'd have to study what the decision was to get to that point.
SPELICH: You see where I'm going with this.
BUICK: Yeah.
SPELICH: I'm trying to recoup if there's any money to be recouped.
BUICK: If you question -- I'll leave it to counsel --
MAYOR DICKEY: I'm sure Aaron --
BUICK: -- to answer that question.
MAYOR DICKEY: Yeah, Aaron would like to say something.
ARNSON: I would. Thank you, Mayor and Councilman Spelich. So I kind of
anticipated that maybe this would be where the conversation would lead, at least in part.
So we have discussed those issues kind of already internally that, yes, there may be issues
related to construction defects or design defects. There may also be issues related to
maintenance or building age or something that's incident to other factors, right, that
contribute to some of the damage that we have. We are at the most preliminary stages of
this. We just don't know what those are, at least in my view. I mean it sounds like the
gentleman at the podium agrees that we would have to evaluate much further to make a
determination as to what degree we can attribute any degree of damage.
TOWN OF FOUNTAIN HILLS Page 20 of 25
SEPTEMBER 20, 2022 WORK SESSION
Page 20 of 25
So that being said, it is something that's already on our radar and something that we're
aware as we go through this process, we're going to have to look into and keep the
council apprised of because there's no shortage of possibilities of what this could be
attributable to.
SPELICH: Okay. And I'm not trying -- please, believe me, I'm not trying to put you on
the spot, because I know whatever you say here could come up -- if this ever does wind
up in court. I live in court. So believe me, I know what you don't want to say. Could
part of your plan also be kind of a list of priorities of what you think, like you guys got to
do this. Like this is number one. This is number two. This is number three. In order of
importance of if in the event we don't have this over $1 million figure to get rolling.
BUICK: We do that all the time.
SPELICH: Okay.
BUICK: I need to understand your budget and sometimes we have to work to your
budget and use the money wisely. So maybe the wet seal option is just as good. We can
verify that by testing the windows after we seal it. So maybe we could save money not
having to replace those windows. And we could prioritize this -- what I like to tell our
clients is, we want to give you a good, better, best approach. But I have to understand
your budget and no one has an open checkbook.
SPELICH: Yeah. It's what you have in your checking account. Just consider whatever
you have in your checking account now, that's our budget.
BUICK: Right.
MAYOR DICKEY: It's along those lines about looking at buildings that were built 20
years ago or 21 years ago, is having that slab extend from beyond the footprint of the
building is that normal or was that like --
BUICK: Yeah, actually you see it on high rises actually, or you can see a slab extension
beyond the footprint of the window --
MAYOR DICKEY: And the fact that --
BUICK: -- but if I were to review the construction drawings. Let's say inception. If
we're -- you know, we're always good at Monday morning quarterbacking everything,
right. But so if I could quarterback this one, I would have liked to have looked at that
and suggested let's slope this at a half inch per foot slope away from the building. Let's
TOWN OF FOUNTAIN HILLS Page 21 of 25
SEPTEMBER 20, 2022 WORK SESSION
Page 21 of 25
put some waterproofing. Let's put some flashings if that's the desired aesthetic goal. I'm
a simple engineer, I might say I don't want anything beyond the footprint of the window.
Let's not have it all. But I can't argue with a designer, because there's also look and feel
that you're trying to -- you're trying to represent the Town of Fountain Hills. You've just
got a big gold award and so you still have to look at some of the aesthetic needs that are
important to you.
MAYOR DICKEY: And if it, like you said, because I know-- I wondered if it had
settled, if the building part had settled. But you basically said it was almost like the
outside had stared to crawl up. So is there like rebar or anything --
BUICK: Oh, yeah. There's structural reinforcement with the concrete --
MAYOR DICKEY: That extends?
BUICK: That extends --
MAYOR DICKEY: But that still popped up.
BUICK: We don't know how they cured the concrete. We don't know what the weather
was like. We don't know how well they compacted the soil. There's so many factors
there.
MAYOR DICKEY: And would that -- if there's a lot of rebar, would it interfere with that
flashing, or that drainage that --
BUICK: No. Oh, well, typically concrete would have a inch and a half, two inch cover,
meaning concrete on top. So there is some room to grind it. You can get a -- what you
do is get a X-ray or scanning contractor to scan the rebar to see what depth it's at. Verify
it. Chip it a little bit. So there's a way to verify that.
MAYOR DICKEY: And then talking about money, is this a weather event? Is there any
insurance involvement in any of this damage?
ARNSON: My guess is probably not. But -- I just don't know, Mayor. My guess is
probably not. But --
MAYOR DICKEY: But we could look at that?
ARNSON: Yeah, exactly, right. But my guess is no.
MILLER: If there was, if I could just interrupt real quick to your point. If it was
determined that there was some -- and again, we're getting into hypothetical situations
here, but if it was determined that there was some shoddy workmanship or it wasn't built
TOWN OF FOUNTAIN HILLS Page 22 of 25
SEPTEMBER 20, 2022 WORK SESSION
Page 22 of 25
to the construction documents, we could certainly work with our insurer to represent the
town and go after, but they have some limit on their liability and protecting the town on
that too, probably, right?
MAYOR DICKEY: And I was kind of more thinking of the other kind of insurance,
Your Honor.
ARNSON: I understand. Like property --
MAYOR DICKEY: Right.
ARNSON: property and casualty insurance. Yeah.
MAYOR DICKEY: Okay.
ARNSON: Yeah, I mean -- again, I'm speaking a little bit out of school, but typically
that's going to be attributable to a single storm event that causes discernable damage.
And I think what we're experiencing here is something that's kind of materially different
from that.
MAYOR DICKEY: Sharron?
GRZYBOWSKI: Okay, for us lay people.
BUICK: Sure.
GRZYBOWSKI: I did a search in the report for the words mold, mildew, black mold,
none of that shows up. What we do see is bioorganic growth. Is that mold? Is it the
precursor to mold? Help us lay people understand exactly what bioorganic growth is?
BUICK: So we are not a industrial hygienist. So it's difficult for me to say what mold it
is, or what mildew it is. All I know is there's something observed on the drywall that's
bioorganic in nature. To determine what type of mold it is in terms of what class it is or
what type of mildew that's where the industrial hygienist needs to come in to help
identify that and help articulate what you need to do in terms of a remedy.
MAYOR DICKEY: Any other comments or questions?
Yes, Peggy?
MCMAHON: Okay, magician here. Money-wise, I mean you're asking -- you say you
need to know what our budget is, but do you have any even concept or ideas? It's $1.5
million project to start or anything because we'll need to look at the budget in order to see
if we have the funds in order to start taking the steps in order to remedy this issues and
fix it.
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SEPTEMBER 20, 2022 WORK SESSION
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BUICK: I mean I think first we'd have to prioritize the repairs and then assign a dollar
figure to each repair. Through the efforts of professional construction estimators we can
weigh in on what those costs are to develop what we think that cost is and then present it
to you. We have to include contingencies, allowances, effects of the finishes and build
that number. So it's tough to say what that cost is today. So certainly it's over seven
figures. And is it one million, ten million, four million, three million, two million, I think
there's some homework that needs to be done to get to that point.
MCMAHON: Okay, so are you going to come back with a list, a priority list of what
needs to be taken -- suggestions as far as what we need to do in order, so we can get there
and get a budget established?
MILLER: If I can just jump in? I think he's only responding to a question that was asked
earlier about prioritization and if he were to do it differently than a near-term and long-
term and he said yes, if we were to do that it would be helpful for me to know what's in
your checkbook. And so we could certainly consider having his firm maybe do another
assistance with this or maybe they might actually be the ones that would be the ones
helping us identify estimates for the repair work. But that's where that all came from.
MCMAHON: Okay.
MAYOR DICKEY: Councilmember?
MAGAZINE: We can afford it. We can afford whatever we have to do. We may not
want to spend it, but we can afford it. And so my question is, and maybe it's been
answered. You're going to do a near-term approximation and a long-term approximation
for cost? Two different ones?
BUICK: We can offer that service to do that, yes.
MAGAZINE: Okay, thank you.
FRIEDEL: Is it conceivable, I saw several pictures of drywall that you removed and saw
some issues. Is it conceivable that there's a lot more drywall that has to be administered
to and then we might find other problems deeper in that building? Or did you just hit the
main areas --
BUICK: We hit the main -- first of all, if you look at the building a lot of the building's
CMU and concrete. So then you have this infill of framing and drywall where you have
the majority of this water damage, bioorganic issue on the framing. So it's conceivable
TOWN OF FOUNTAIN HILLS Page 24 of 25
SEPTEMBER 20, 2022 WORK SESSION
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that you have more locations of similar construction experiencing the same leaks and all
of that has to be factored in when you're developing your allowances and contingencies
for repairs of the interior.
FRIEDEL: So will that necessitate a much more thorough examination of that building
then do you think or --
BUICK: I think I'd like to defer to the hygienist. Let him develop a scope for you. And
determine what he feels the testing plan would be for that.
FRIEDEL: I'm just wondering too, we're pulling a lot of water out of that building right
now, still and it's been pretty dry. Maybe we need a moisture reading in there as well as
an air quality type of -- I don't know, I'm out of my element but I just --
MILLER: I'm sorry. When you say moisture reading are you talking about moisture --
FRIEDEL: Yeah.
MILLER: -- or are you talking about humidity reading?
FRIEDEL: Well, moisture. If your dehumidifiers are pulling that kind of water out of
there, that's a lot of water. We haven't had rain now for -- well we had a little bit this
morning but --
MILLER: Right.
SPELICH: I don't know how much more moisture there is in there.
MILLER: As Steve, our facilities superintendent, you want to come up. I thought you've
been giving me some readings or you shared with me a reading recently.
BARTLETT: Yes. In fact, when Gene and I were over there before we came over here, I
think we looked at our dehumidifiers and one was at 20 percent relative to humidity.
And the other one was in the 40s, the one by the kitchen. I don't know what the outside,
you know, what the ambient humidity was today, but I know we had a little bit of rain
this morning. So it kind of varies. There is a noticeable difference in the way the
building feels especially in that computer lab and again in the kitchen area. But yeah,
they're pulling out quite a bit of moisture out of the air which I think has been helpful.
MILLER: Thank you.
MAYOR DICKEY: Anything else? Any other questions or comments.
MILLER: We appreciate it and I think we've got some good direction from the council
and we will provide you updates as we progress with this.
TOWN OF FOUNTAIN HILLS Page 25 of 25
SEPTEMBER 20, 2022 WORK SESSION
Page 25 of 25
MAYOR DICKEY: All right.
SCHARNOW: Just something real quick. Grady, I'm just wondering how much money
we have to spend to figure out how much money we're going to spend?
SPELICH: Just for knowledge. How much was your project? How much did we pay
you?
BUICK: Was it 20,000-something?
MAYOR DICKEY: I think we know we have to do whatever we have to do. So we'll
get there. Thank you so much for --
BUICK: Thank you.
MAYOR DICKEY: -- yes. Very impressive. Thank you. Yes, sir?
WELDY: Mayor, if I may? In regard to the humidity, and I just checked. So right now
around this building we're at about 39 percent. So the humidity has been relatively high.
Keep in mind, as we discuss humidity, there are some contributing factors. We have a
kitchen there that is in use and most importantly an ice machine that is in heavy use, and
that ice machine has an automatic drain system into what we refer to as a floor sink. We
also have restroom facilities there with running water. So we're -- while there is certainly
humidity in that building, it's not unusually high. But again, we will continue to monitor
it and see what we can do to reduce that. And lastly, and there was some discussion in
regard to maintenance. We certainly do our best to maintain these facilities with the staff
and funding that we have and we'll continue to move forward with that and maintain
them for the use of all.
So even when we discover these deficiencies or challenges with any one of the town-
owned buildings we simply do not allow them to just sit there. If it's a major issue, we
engage the town manager and the finance director and secure funding. And more often
than not a lot of the stuff that's addressed goes unnoticed because it's the day in and day
out. It does all cost money and staff time.
Thank you for your time tonight. We certainly appreciate that. We will be returning,
working with the town manager, the professional firm and facilities to address and
answer to the best of our ability the questions that have been asked here tonight.
MAYOR DICKEY: Thank you, Director. That's it. We're adjourned. Thank you.
TOWN OF FOUNTAIN HILLS
MINUTES OF THE SPECIAL MEETING
OF THE FOUNTAIN HILLS TOWN COUNCIL
AUGUST 22, 2022
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Dickey called the Special Meeting of the Fountain Hills Town Council held on
August 22, 2022, to order at 5:32 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; Councilmember Alan Magazine;
Councilmember Peggy McMahon; Councilmember Mike Scharnow
Members Absent: None
Staff Present: Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town
Clerk Linda Mendenhall
Audience: Twenty-seven members of the public were present.
4. REPORTS BY MAYOR, COUNCIL MEMBERS, AND TOWN MANAGER
A. A REPORT FROM STAFF REGARDING 5G AND SMALL CELL WIRELESS
Aaron Arnson, Town Attorney provided a brief overview of the memorandum he
prepared in response to residents’ concerns regarding 5G and small cell wireless.
5. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
A. PRESENTATION: 2022 Legislative Session Update: Presented by: Jack
Lunsford
Jack Lunsford with The Lunsford Group provided an update and answered questions
regarding the 2022 Legislative Session.
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.
Lori Troller, a Fountain Hills resident, addressed the council concerning 5G and small
cell wireless voicing her appreciation to staff for the upcoming discussions on this topic.
April McCormick, a Fountain Hills resident, addressed the council concerning 5G and
small cell wireless voicing her appreciation to staff for the upcoming discussions on this
topic.
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.
MOVED BY Councilmember Alan Magazine to approve the Consent Agenda,
SECONDED BY Councilmember Sharron Grzybowski.
Vote: 7 – 0 passed – Unanimously
Councilmember Grzybowski Aye
Councilmember Magazine Aye
Councilmember McMahon Aye
Councilmember Scharnow Aye
Councilmember Spelich Aye
Vice Mayor Friedel Aye
Mayor Dickey Aye
A. 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 Schools District Board of June 21, 2022.
B. CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-28 adopting the
Community Services Code of Conduct.
.
C. CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-34, abandoning
the 20’ Public Utility and Drainage Easement along the south side of 17039 E.
Nicklaus Drive (Application A22-000005).
D. CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-35, approving the
designation of Chief Fiscal Officer of the Town of Fountain Hills for FY23.
E. CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-36, approving an
Intergovernmental Agreement with the City of Glendale relating to the
cooperation use of the Glendale hosted and developed Glendale Tax Application.
8. REGULAR AGENDA
A. CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-38 declaring and
adopting the results of the Primary Election held on August 2, 2022.
MOVED BY Vice Mayor Gerry Friedel to approve Resolution 2022-38 as
presented, SECONDED BY Councilmember Sharron Grzybowski.
Vote: 7 – 0 Passed – unanimously
Councilmember Grzybowski Aye
Councilmember Magazine Aye
Councilmember McMahon Aye
Councilmember Scharnow Aye
Councilmember Spelich Aye
Vice Mayor Friedel Aye
Mayor Dickey Aye
B. CONSIDERATION AND POSSIBLE ACTION: A request for a Special Use Permit
to allow up to five dwelling units in the C-C (Common Commercial) zoning district
on an 8,000 square-foot lot located at the northwest corner of El Pueblo
Boulevard and Ivory Drive (Case# SUP22-000001).
John Wesley, Director, Development Services presented on the special use
permit for the 8,000 square-foot lot located at the northwest corner of El Pueblo
Boulevard and Ivory Drive.
John Gurczak, a Fountain Hills resident and the builder and developer for the
property provided additional input on the project.
Mayor Dickey opened the item for public comment; the following residents
addressed Town Council:
Larry Meyers, a Fountain Hills resident, addressed the council voicing his
opposition to this project and inquiring if there were any other uses considered
for this property.
Crystal Cavanaugh, a Fountain Hills resident, addressed the council voicing her
opposition to this project suggesting more outreach from the Town’s Economic
Development department to find other uses for this property.
Ed Stizza, a Fountain Hills resident, addressed the council voicing his concerns
regarding the aesthetics of the recent developments in the Town.
Janet “Faith” Fayleen, a Fountain Hills resident, addressed the council inquiring if
ADA requirements were reviewed for this project.
Clerk’s Note: during the public comment portion for this item,
Councilmember Magazine stepped away from the Dias from 6:42 p.m. to
6:45 p.m.
MOVED BY Councilmember Alan Magazine to postpone approval of Special Use
Permit to September 20, 2022, Town Council Meeting, SECONDED BY Vice
Mayor Gerry Friedel.
Vote: 7 – 0 Passed – unanimously
Councilmember Grzybowski Aye
Councilmember Magazine Aye
Councilmember McMahon Aye
Councilmember Scharnow Aye
Councilmember Spelich Aye
Vice Mayor Friedel Aye
Mayor Dickey Aye
C. CONSIDERATION AND POSSIBLE ACTION: A request to apply and take
receipt of grant funding from the Arizona Office of Tourism.
Amanda Jacobs, Director, Economic Development, presented the grant
opportunities from the Arizona Office of Tourism and answered council’s
questions.
Mayor Dickey opened the item for public comment; the following resident
addressed Town Council:
Ed Stizza, a Fountain Hills resident, addressed the council regarding the design
of the shade structure.
MOVED BY Councilmember Sharron Grzybowski to approve staff to apply and
take receipt of AOT VAI grant funding from the Arizona Office of Tourism to
support the Town's economic development and tourism efforts, SECONDED BY
Councilmember David Spelich.
Vote: 7 – 0 Passed – unanimously
Councilmember Grzybowski Aye
Councilmember Magazine Aye
Councilmember McMahon Aye
Councilmember Scharnow Aye
Councilmember Spelich Aye
Vice Mayor Friedel Aye
Mayor Dickey Aye
D. CONSIDERATION AND POSSIBLE ACTION: Approval of Shade ‘n Net Contract
2022.091.1 Amendment for park shade installation and repairs.
MOVED BY Vice Mayor Gerry Friedel to approve Shade 'n Net Contract
2022.091.1 Amendment for park shade installation and repairs, SECONDED BY
Councilmember Peggy McMahon.
Vote: 7 – 0 Passed – unanimously
Councilmember Grzybowski Aye
Councilmember Magazine Aye
Councilmember McMahon Aye
Councilmember Scharnow Aye
Councilmember Spelich Aye
Vice Mayor Friedel Aye
Mayor Dickey Aye
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.
Vice Mayor Gerry Friedel asked that staff look into the water-related issues at the
Fountain Hills Community Center that he observed. Grady Miller, Town Manager,
indicated that staff is currently working on this issue and will be presenting on this topic
at a council meeting in September.
10. ADJOURNMENT
MOVED BY Councilmember David Spelich to adjourn, SECONDED BY Councilmember
Sharron Grzybowski.
Vote: 7 – 0 Passed – Unanimously
The Special Meeting of the Fountain Hills Town Council held on August 22, 2022,
adjourned at 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 22nd day of August 2022. I further certify that the meeting was duly
called and that a quorum was present.
DATED this 18th Day of October.
_____________________________
Linda G. Mendenhall, Town Clerk
Post-Production File
Town of Fountain Hills
August 22, 2022 Town Council Meeting
Special 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.
* * * * *
MAYOR DICKEY: Good evening, everyone. Welcome. 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, for liberty and justice for all.
MAYOR DICKEY: Thank you. Please stand for a moment of silence. Thank you very much.
Roll call, please.
MENDENHALL: Thank you, Mayor. Mayor Dickey.
MAYOR DICKEY: Here.
MENDENHALL: Vice-Mayor Friedel.
FRIEDEL: Present.
MENDENHALL: Councilmember McMahon.
MCMAHON: Present.
MENDENHALL: Councilmember Scharnow.
SCHARNOW: Here.
MENDENHALL: Councilmember Magazine.
MAGAZINE: Here.
MENDENHALL: Councilmember Spelich.
SPELICH: Present.
MENDENHALL: Councilmember Grzybowski.
GRZYBOWSKI: Present.
MAYOR DICKEY: Thank you. Welcome back after the summer. Good to see you. We, as
always, start with our reports from town manager and mayor. Grady?
MILLER: Thank you, Mayor. So we do have an item on the agenda, actually, pertaining to
small cell wireless and 5G, and our attorney - we had heard from residents Lori Troller at a
previous meeting back in both May and June. And our attorney, I asked him to look into this
because there were concerns about if the town could in fact prohibit 5G and small cell wireless
from coming into town. So I'm going to turn it over to our town attorney, who actually did the
report that's actually in the staff - excuse me, in the council packet. And he's going to want to
give you a little bit of an update on this topic.
ARNSON: Sure, Mayor and council. I'll keep this update rather brief. But we did evaluate
some of the requests and concerns from these residents, and as we've discussed and provided, in
fact, a copy of that memorandum to the residents, I mean, there is no ability for us to prohibit 5G
and the deployment of 5G within town. Indeed, it's not just us that are preempted from doing
that. It's all municipalities nationally that are prohibited from doing that. That said, the residents
provided a few ideas that we may be able to work around the edges with providing some more
limited regulation around aesthetics and safety. And so we actually do have a meeting
scheduled, I believe, for a couple Tuesdays -
MILLER: September 6th.
ARNSON: - September 6th with Ms. Troller and those residents to address some of those
concerns and see if we can't clean up our ordinance a little bit to get there. So we're hopeful that
we'll be able to do a little bit to be able to resolve those issues to the extent that we're able. And
we just unfortunately are limited in what we can do. That's all I have at this time.
MAYOR DICKEY: Thank you. Any questions about that? No? Grady, do you have any other
report?
MILLER: I do not. Thank you, Mayor.
MAYOR DICKEY: Thank you. Yes, Peggy.
MCMAHON: Good evening. I hope everybody had a good summer. I did. I went to Tanzania
on safari. It was awesome. But also the last couple of weeks, I've been joining Amanda Jacobs,
our finance director, and meeting with a couple of the business owners in town. And it's been
very, very productive. It's nice for them to see that we're all alive here in town and we're
available, and dispel some myths that the town is not business-friendly. So it's good to get the
message out that we are business-friendly and that we're here for them. So that's been really
good. We have also been - have Dementia Friendly meetings that have been going on, and we're
looking at becoming a certified Dementia Friendly town, which will be really, really good for the
town and for our citizens, as well as we're doing some work on the biophilic and moving forward
with that. And then later on in next week a couple of us are going to be attending the bowling
league. No, the Arizona Cities and Towns League Conference. So I'm looking forward to that.
Thank you.
MAYOR DICKEY: Thank you. Go ahead.
FRIEDEL: Thanks, Mayor. Welcome back, everyone. I, too, attended the joint sessions with
the Chamber of Commerce, and I have to tell you we learned a lot from the four businesses that I
did visit. And we actually contacted the town about ironing out some rough patches we had
between the town and the Sanitary District for a couple of our restaurants in town. So it's really
a well worthwhile attempt by the town and Amanda and the economic development area of the
town to get out, visit our businesses, find out what's going on, how we can help them. And as
Councilwoman McMahon said, we are business-friendly and we are open for business. So I
think that will go a long way toward showing people that. I also had the privilege of attending
the Purple Heart Memorial Day here in town and giving the opening remarks and welcoming
everybody to that. And Mayor, I have to present to you a certificate from that day, a certificate
of appreciation for all your work in helping the town become a Purple Heart Community. So I'll
pass this down to you.
MAYOR DICKEY: Thank you.
FRIEDEL: And then one last item on my list. I'm wondering if anybody in this room has been
flocked. Yes. Okay. So somebody does know what that means. So we fully support our high
school in town and the PTO. If you're interested in being part of that support, contact the PTO,
and they'll come out they'll flock you. What they'll do is they'll put a sign up saying you support,
and they do a little canon that goes off. So we had our first football game last Friday night, and
although we didn't win, we were close. But we have a good team this year, so get out there and
support them on Friday nights now. They won't be here for the next couple weeks, but that next
home game it'd be important to get a good crowd out there. So thank you.
MAYOR DICKEY: Nice. Mike.
SCHARNOW: Thank you, Madam Mayor. I think the only think I wanted to add is with the
Drug Prevention Coalition, we've been keeping active during the summer and gearing up for the
new school year, which Gerry has mentioned did start. So we have several things lined up this
coming semester, and those efforts will continue.
MAYOR DICKEY: Thanks.
MAGAZINE: Cynthia and I had a wonderful vacation. We rented a house in Flagstaff to get out
of the heat, and it was almost as hot up there as it is here. And we came back a week and a half
early.
MAYOR DICKEY: Wow.
[LAUGHTER]
MAGAZINE: It's only money.
MAYOR DICKEY: Yes.
SPELICH: Thank you, Madam Mayor. I tried to avoid politics at all cost, so I didn't do many
political things. I did attend the Purple Heart ceremony. I was really surprised and in awe of --
there was two full rows of Purple Heart recipients that were all Fountain Hills residents, and
many of them also have silver and bronze stars. So we were definitely --the councilmen and I
were definitely in the - or the Vice Mayor and I were definitely in the room full of true American
heroes. So also on top of the Mayor getting a nice honor, Justin Weldy got an honor from Phil
Yin. And for those of you that don't know, Justin came up with an emblem that is going - or that
is now currently being displayed on parking spaces for Purple Heart veterans. And they liked it
so much that they nationally adopted his design. So it will be across the country that any town
that's a Purple Heart town will have Justin's design in their parking spaces. So that's quite an
honor. And so they were very thankful. And like I said, I was in awe of all the heroes that were
in that room. Thank you.
GRZYBOWSKI: Okay. Obviously, I didn't do anything near as exciting as these folks over the
summer, but I do feel like it's first day back at school and we're doing our what we did over the
summer project. I attended, virtually, two National League of Cities meetings. One of them was
the State of the Cities and the other was First Tier Suburbs Council, which sounds way more
complicated than it actually was. We got to hear from an organization that - I actually sent this
to Grady and Rachael, I think - that they have open source ways to help you kind of try things in
town before you do something permanent. And we're talking more along the lines of parks kind
of stuff. So don't get too excited in your little - on your streets. There's one particular town in
Mesa that they used orange cones to block off to see how welcoming the bike lane access would
be, that kind of stuff. So it's temporary ways before you spend hardcore money to get a project
done. Like I said, it's open source. So if there's a picnic table that needs to be built or pergolas
that need to go up, they can help you with that kind of thing. It was very interesting. And
hopefully it's something we can do with our next project. That's all.
MAYOR DICKEY: Okay. Thank you. Appreciate you going. Appreciate everybody, what you
were doing. I didn't have anything to do this summer. But no, just kidding. I actually was
happy to have the greeting on the Independence Day festivities. I met virtually with the Mayor
of Pietrasanta, Italy, Alberto Giovannetti, to talk about our potential sister city partnership. I also
met in person with the former Mayor of Killarney, Sean Caunihan, who is the chair of their
Town Twinning Association, which is like the sister cities. He gave us this tour of Killarney,
and there are a lot of similarities, believe it or not, which I think that municipalities face.
Two MAG meetings. One was a joint meeting with the Transportation Policy Committee, trying
to make sense of the owners' veto of the Prop 400 extension that had passed the legislature with
bipartisan support and with unanimous support from the Regional Transportation Council and
from regional council. So I'm sure Jack will be bringing that up in his report. We'll be meeting
again this Wednesday, and there'll be an update on the regional homelessness efforts, which is a -
which is a homelessness prevention effort that we are joining in our capacity as a town of our
size.
So Grady and I met with Honorable Consul Glenn Williamson, who is - who started the
Canadian Arizona Business Council, which is kind of like GPEC, but we've been having a lot of
activity with them. Also, he is on the board of EPCOR, and I wanted to mention that we'll be
hearing from EPCOR and talking about water issues at our September 20th meeting.
And then, last - it was a long time ago, but we had Liz's (ph.) retirement party. And again, we
welcome Linda here as our clerk. That's it for that.
Our next item, of course, is our appearance. We already did the report on the 5G, so now we're
going to do an appearance by Jack Lunsford, who's going to talk about the legislative session,
what happened and what's coming. And welcome to you, Jack.
LUNSFORD: Thank you, Mayor and council and Manager Miller too. It's good to see you all
back here. I still need - this almost looks like a new one. Is it? Am I looking at the right one
here?
POCK: Here.
LUNSFORD: Aha. I need an expert here.
POCK: I saw it here earlier.
LUNSFORD: Yeah, okay. All right. It's over there. Okay. My fault.
POCK: Oh, wait. That's not it.
LUNSFORD: No, that's not me. Nope, that's not me either. Is that me, the PowerPoint?
POCK: Yeah, those are the two that -
LUNSFORD: There you go. Right there. There we go. All right. Excellent. Thank you.
Because somehow these -- you know, wherever you go, it's like a different setup every time. I
have had the chance to be involved in -
POCK: Excuse me, Jack. I think if you just do the down button on the keyboard, it will do it.
LUNSFORD: Yeah, that's what I think I'm going to have to do. That one wasn't - there we go.
So very quickly I want to give you a legislative session update. And this has to do with
something that is tied for the sixth largest legislative session in state history. And I don't know
what it says about me, but I've been here for at least 12 of the longest. There were 1,747 bills
introduced. 388 of those were signed into law. The Governor vetoed four of them, one which is
critical significance to all of us interested in transportation. Legislature adjourned sine die. So
the effective date of legislation is September 24th, unless otherwise specified in the bill. So that
could be with an emergency clause, meaning it's effective upon the Governor's signature, or it
could have a delayed effective date.
I want to remind you quickly - and I will do this fairly often so it's in your mind and my mind,
you know, what are our priorities and our principles and so on. And you all know these probably
in your sleep in terms of what the strategic priorities of the town are. They are guiding principles
for me as to what I do when I'm not visiting with you one-on-one. I won't recite them because
you know them, but I just want you to know that I pay attention to those. Two core legislative
principles that were adopted by the council were to preserve local funding and, in so doing,
protect state shared revenues and to do everything we can to oppose preemption of local
authority. Legislature likes to preempt local authority from municipal government. And so one
of my key jobs is to work both with the League and other coalition folks and other municipalities
to protect our local authority.
The League had four resolutions this past year, not in any order: regulate fireworks, the
permissibility of those; solutions on affordable housing and homeless; allowing cities to amend
their budgets after the initial adoption; and dissolving water and wastewater districts, if it's called
for. The other thing we had, and I won't dwell on the first one initially, but support the extension
of the half-cent sales tax. And then protect the continued liability of the highway user revenue
fund for cities and towns. And we did the second one, and we worked really hard on the first
one. And I'll allude to that in a second.
Just to recap the League -- and you all have received in your packets the new laws report, but the
League did either track or work 550-plus bills. I was in touch with them on many, many of
those, and supported the town wherever - or excuse me, the League, wherever possible. And I
have two municipal clients. So that makes it easy for me to do in terms of supporting the
League. I actively worked on behalf of the Town of Fountain Hills more than 30 bills. And I'm
proud to say that I was a key negotiator and lobbyist on both the Prop 400 extension and the
short-term rentals group.
So in terms of the Prop 400 extension, as we all know, the Governor did veto that. I will tell you
that I've had conversations in the interim with legislators, including Representative Carroll, who
was the prime sponsor in the House. The next day he said his phone was blowing up. He had no
idea that the Governor was going to veto the bill. That's pretty much across the board. And I
don't know if that was a missed opportunity with strategy with all of us that were working on it.
Did we take the Governor for granted? I can't say that we did. I believe that members of our
lobbyist contingency had conversation with him.
And let me digress for one second. There's the MAG Intergovs, which as a contract Intergov for
the Town of Fountain Hills, I'm not allowed to participate with them directly. The Mayor and
others have allowed me to be involved in the Monday morning - excuse me - meetings. But then
there was a very comprehensive lobbyist group with business ties and et cetera that I was a part
of too. We actively also worked this. There were things, Mayor - I did attend the joint session,
although I was in the Atlanta airport and I was listening as I was walking and driving and so on.
I appreciated all the comments from the mayors and so on. I believe that there probably should
have been an executive session to discuss that because there were a lot of things that either could
not have been said or people weren't privy to know of that some of us on the outside have.
So what's going on next? There are not only what the mayor has indicated for the meeting next
week. There are other activities, myself included. I've had multiple meetings already with key
legislators to find out what they anticipate for the coming session, and I'll be sharing that with
you.
We were all concerned about by right zoning, and because of the massive pressure that was put
on the legislature by the league and the individual municipalities, that did not pass. What
happened instead was there was an amendment to create a Housing Supply Study Committee.
I've already attended two of those meetings. There's another one tomorrow. They'll be meeting
probably all the way up until the holidays at the end of the year, and I'm not sure they know
where they're going. Because of the - and I don't have time to dwell on it, but the types of
presentations that they're receiving. I have a couple of ideas of my own from when I was on
Mayor Stanton's staff. And I'll probably be working with the chair on them to see if we can help
at least the homeless side for the housing issue.
Short-term rentals, it was probably the second or third - it's in the top ten most amended bills that
were worked among the negotiators that I've been involved with in almost 40 years. There was
more wordsmithing than you can imagine. There was agreement, disagreement. There were
holdouts, et cetera. But at the end of the day, we came forward with a bill that wasn't what
everybody wanted, but it was a great step forward for municipal government in terms of their
ability to permit and to regulate short-term rentals. Will there be something coming forward
again? I do believe so. Although, I've seen recently that one particular short-term rental
company has already announced actively in the last week the activities that they're going to do
for preventing party houses and things. I will tell you that the cynic in me is - that that's a
preemptive strike. But at least they're going to do it. Lastly on this one, we prevailed in
protecting both the preemption issue as well as our own revenues. Boy, I lost the word. We
prevailed in helping that bill to prohibit municipalities from levying residential lease taxes, and it
failed. And that's a positive thing.
Fireworks, you already know about that one, but I will tell you that I had an amendment after it
was approaching passage in the House, and the amendment was to put teeth into the bill. Right
now, it essentially says you can't do this on Fourth of July and Christmas and New Year's. You
can only have the fireworks in more hours than is currently allowed by law. It's like you telling
your children you can't do this. I can't see a law enforcement officer showing up on a complaint
and so on. And so I'm looking at - and I'll meet with a sponsor to see if he's open to having some
teeth in it, which would allow for fines and so on. And we haven't worked out how the
distribution of those fines are, but that'll be important. So we're working on that.
The condominium termination wasn't a lead issue for the Town of Fountain Hills itself, but it
was certainly significant for Rio Verde and some other communities across the state.
Representative Weninger did his best to require a 100 percent vote before you could terminate
one. And as things happen, there was a compromise. They reverted back to 80 percent for
existing condominiums. Going forward, it's 95 percent, and any new condominium project has
to be at 95 percent. So I don't know if anything will come back because Mr. Weninger has left
the legislature and he was the prime sponsor.
MAGAZINE: Mayor, Jack, I'm sorry. I didn't follow that one. What is that bill? What would it
do?
LUNSFORD: So Mayor and Councilmember Magazine, right now a company can come in and
buy a percentage of the shares or the ownership of the condominiums and force the others to sell
or to terminate. And they would terminate the condominium situation. Again, Representative
Weninger attempted to make that 100 percent so that no institutional investor or anybody else
could come in and make those modifications, and he wasn't able to get that through. But
prospectively, it will.
MAGAZINE: Okay.
MAYOR DICKEY: In fact, it did affect us, Jack. This came to my attention from it happening
at the Four Peaks condos. And that exactly was happening. And I think the origin of this is
probably more expecting individual homeowners - 80 percent of individual homeowners would
agree that they wanted to terminate the condominium. But what happened is that corporations
were buying them and then getting that majority -
LUNSFORD: Right.
MAYOR DICKEY: - and then forcing the 20 percent to leave. So the 90 percent was a great
victory, but again, it's prospective. So I think I even saw an ad for Four Peaks a couple days ago
having them be apartments. So I don't know how that's actually working out because I know that
they didn't have an HOA board, but I think they do now. So there may be some options there.
But it was definitely something that was going on here.
LUNSFORD: And Mayor, I apologize for not recalling that specific one.
So lastly and very quickly, there were several appropriations bills. One of them in particular is
the capital appropriations bill, and it included two and a half million dollars for Dark Sky
Discovery Center. Early on in the session, there was no anticipation for any additional funding
this year. That was expressed to me directly. What prompted it - and this is what happens in the
process - Senator Rogers wanted 19 and a half million dollars for Lowell Observatory. She
didn't get that much. She got five and a half million. But as a result, then Representative
Kavanagh stepped in and got the additional funds for Dark Sky Discovery Center.
And then in all of those, the legislature has 11 appropriations bills. I won't go into all of them,
but two of them are important to all of us. Anybody going down to Tucson? There's a $400
million widening project for one of the largest expanses of the I-10 down by the Gila River
Bridge and south. And the other one is, if you're going to LA, there is a $64 million widening of
the I-10 to the State Route 85, except there's a contingency on whether Prop 400 was extended or
not. So that could be problematic.
So what do we have for the coming year? You know, I've been doing this for 40 years. I always
say, hey, I don't know what's going to happen. Well, take a look. I don't have a crystal ball this
big. We're going to have a new governor. The senate will have 13 out of 30 - 43% will be new
members. Eight of those will have previous experience either having been in the legislature
before or moving over from the House. The House will have 35 of 60 new members, 58 percent,
and only four of those with previous experience. So that means there will be new leadership in
both chambers. I believe that in the Senate, there are two people who have been Speaker of the
House vying for the presidency. I think at least that will give some stability, hopefully, and
probably the majority leader in the House will step up a little bit.
Right now the margins are one-vote margins, which gave leverage in the budget this year and all
sorts of things. 16-14 for the republicans in the Senate, and 31-29 for the republicans in the
House. I can't predict what they're going to be. We could have the same. There could be, as you
see in my last bullet point - with voter turnout, is there a blue wave? Is there a red wave? Is
there no wave? It's just hard to predict. I look forward to coming back to you in November and
telling you what this looks like. And Mayor and council, I'll be happy to stand for any questions.
MAYOR DICKEY: Thank you. Questions, anyone? Yes, Councilman.
MAGAZINE: First - and this is aimed at Grady, I guess, or staff - short-term rentals. I hope we
can look at our ordinance and look at the new legislation and see if there's anything we can do to
change our ordinance.
MILLER: You know, we're actually in the process of doing that. Aaron's actually on a work
group of other city attorneys that are working very much with the leg on a model ordinance
based on the bill that was referenced earlier that passed. We're also looking at incorporating
some of the provisions that were in the short-term rental ordinance that Paradise Valley had that
was able to withstand the scrutiny of the Attorney General when it was challenged under a 1487
challenge. So I think you'll be seeing something. This bill comes into effect around September
24th, was it?
LUNSFORD: Correct.
MILLER: So you'll probably be seeing something, I believe, Aaron, in October or so that will
incorporate these.
ARNSON: Yes, Mayor and council. I think the work group's - my work group's goal is to have
something by that time frame that every city and town could either adopt as is or make just minor
modifications so at least we can get some of that consistency too.
LUNSFORD: And Mr. Town Manager, if I may, I'll offer my assistance to the council any way I
can.
MAGAZINE: Council has heard me, more than once, rail against legislature in terms of
preemption. And in fact, I wrote an op-ed for the Fountain Hills Times about it. At times, I
think the legislature thinks they want to take over the town, or all towns. You mentioned that
there were 30 bills that impact the town. Are there any that passed that come to mind that would
seriously preempt our abilities to do anything?
LUNSFORD: Mayor and Councilmember Magazine, first of all, I mentioned that I had done 30.
There was probably more than that, and I was in concert with the League. Off the top of my
head - and maybe someone knows that there was a preemption -- I can't see one this year. I
thought we were really strong collectively. There may be one and I may have missed it. And if
so, I apologize and I'll find out.
MAGAZINE: Well, this is probably the first time in my eight years, and I'm happy to hear it.
MAYOR DICKEY: (Indiscernible). Aaron?
ARNSON: Yeah, thank you, Mayor. Mayor and council and Councilmember Magazine, this is
one of the better years for preemption, or lack of preemption, as far as I can see and recall. The
biggest one by far I think that we were concerned about was zoning by right. And the league
worked pretty swiftly and in concert with each other to get that - can't say defeated but, you
know, transformed into something that was a lot less adversely impactful. So we're pretty
satisfied, I think, on the whole, with how this legislative session turned out by way of lack of
preemption.
MAYOR DICKEY: That bill that turned into the study committee, and what you just said about
not sure where they're going, I'm really concerned with that bill. I think it's disguised as a
housing inventory solution somehow, but I think we need to be really wary of it. This by right
stuff, you know, it's interesting because we've had so many conversations about group homes,
and we talk about the small cell towers and short-term rentals. And as that bill was presented, if
something like that passed, those discussions would be moot. I mean, we had no, literally,
zoning real power in this town. So if you take the discussions that we had about the group
homes or the cell phones, the cell towers, and just look at that and put that into your - well, this
can't be single-family home anymore. This can't be single-family zoning or acre lots or
whatever. And I think we just have to be really careful because it could be looked at as it's trying
to solve this housing inventory issue. And I have a very cynical view of it right now, to tell you
the truth, because I think it's - the same by right stuff is going to come back. So we just have to
really watch out for that.
LUNSFORD: Mayor, if I may, first of all, my cynicism antennae are up, but also one of the
original sponsors of the bill, Representative Chavez, was defeated in the primary. So all of the
sudden, maybe there's one less advocate -
MAYOR DICKEY: Yeah.
LUNSFORD: - in that particular instance. Second of all, the composition of that study
committee lends itself to people discussing homelessness to affordable housing and all things in
between. And I think this week - yeah, tomorrow, they're going to have Warren Tenney from
AMWUA in speaking about water issues as it relates. So it's a long way from soup yet.
MAYOR DICKEY: Thank you. I also want to mention that Mayor Bien-Willner from Paradise
Valley, Mayor of Sedona, Flagstaff, these other cities that were - Scottsdale - with us side by side
on the short-term rental and that - I think maybe more will be coming forth, but I look forward to
the combination of this bill that just passed and incorporating Paradise Valley's ordinances into
ours. I think that's going to be a very helpful thing in addition to Airbnb coming out and kind of
putting the hammer down on some stuff. The municipal rent tax, if that had gone through, it
would've cost, right - Fountain Hills would've been -
UNIDENTIFIED SPEAKER: 500,000.
MAYOR DICKEY: - $500,000 a year. And their kind of fix was it wasn't going to start for a
couple of years, but that's a lot for us. So hopefully we won't see anything like that coming back.
And last, just I think you all got the copy of the resolutions committee. So when we're at the
bowling league next week, I have to go to this meeting, which is where we discuss the agenda
that the League wants. And it seemed pretty innocuous. I have a couple issues with some of the
things, but just wanted to make sure, since the council had a chance to look at it, if anybody had
any objections or anything that you want to say before I go, because that'll be Tuesday. And
then we have - then the full League gets to vote on Thursday. So if you didn't have anything on
that, then we're good to go.
LUNSFORD: Mayor, I look forward to seeing you at the resolutions committee, and all of you
at the League meeting next week.
MAYOR DICKEY: Thank you. And thank you so much for beating back some of the stuff we
didn't want and getting through some of the stuff that is really going to help our community.
Thank you.
LUNSFORD: All right. Great. Thank you all.
UNIDENTIFIED SPEAKER: Thank you.
MAYOR DICKEY: Okay. Our next item is call to the public. Do we have any speaker cards?
MENDENHALL: Yes, Mayor, we do.
MAYOR DICKEY: Thank you. Can you do -
MENDENHALL: The first one is -
MAYOR DICKEY: I'm sorry. I always forget to say when you come up to -- please, you know,
not your address, but whether you live in Fountain Hills or not.
MENDENHALL: Correct. Lori Troller.
MAYOR DICKEY: Okay.
TROLLER: Good evening, Mayor, council, town manager, attorney. I'm Lori Troller, resident.
Topic's 5G. Since everything that was said, all you guys were on vacation, and we had some
emails, the town manager and I, going back and forth in April, and I just wanted to say thank
you. Thank you for taking on - because this 5G thing, it's a big deal. There's so much
technicality to it. And just wanted to say thank you. I had some more comments, but we're
going to meet and we'll talk after, but this is awesome. I think this is great, and I know you're
kind of excited about this too. You have to be. I wanted to say thank you because our town
needs this. There's a lot we can do. So this is awesome. Thank you.
MENDENHALL: Okay. We do have more, and it's April McCormack.
MCCORMICK: Hi. I should just say ditto, but I did want to personally thank you. I don't know
how it got on the agenda. Where I moved here from, it usually took the mayor or two council
people. I don't know how it happened. I just wanted to say thank you humbly. And thank you
to Aaron and Grady for their man hours thus far, and we look forward to meeting on September
6th. Thank you, thank you.
MENDENHALL: That's it for public comment. We do have other speakers for an item, though.
MAYOR DICKEY: Oh, okay.
MAYOR DICKEY: Great, thank you. Our next item is our consent agenda, unless anybody has
anything they'd like to remove. Can I get a motion?
MAGAZINE: Move approval.
GRZYBOWSKI: Second.
MAYOR DICKEY: All in favor, please say aye.
ALL: Aye.
MAYOR DICKEY: Thank you so much. We'll start our first regular agenda item, which is the
adoption of the primary election held on August 2nd, 2022. Grady?
MILLER: I'm going to go ahead and turn it over to our town clerk, who is going to just go ahead
and provide the council the canvas of the election results. And then you'll be able to go ahead
and take action on that.
MENDENHALL: We had a very good year with participation at 60 percent. So I'm very happy
and pleased with that. We do have - we are here to canvas and make this official. Our Mayor
has won the election for the mayoral race. We have three council members who are now elected,
and there's Allen Skillicorn, Brenda Kalivianakis, and Hannah Toth.
MAGAZINE: Mayor.
MAYOR DICKEY: Go ahead, sir.
MAGAZINE: I just want to thank Linda. She really kept us up to speed on the vote count even
well into the evening. So she must've been in bed propped up with pillows and a cup of coffee.
But I just wanted to publicly thank her because that was very helpful.
MAYOR DICKEY: Thank you. Sorry. Do we have any speaker cards?
MENDENHALL: Not for this item.
MAYOR DICKEY: Okay, thank you. Sorry I didn't get to it here. There we go. So do we do
a - I'm sorry. I actually don't have it up yet. Resolution -
ARNSON: Mayor, I think it's page 145 is the suggested motion.
MAYOR DICKEY: Yeah, I was looking at my paper instead of the -
FRIEDEL: You want me to do it, Mayor?
MAYOR DICKEY: Yeah. Anybody can please do the motion.
FRIEDEL: Move approval of Resolution 2022-38 declaring and adopting the results of the
Primary Election held on August 2nd, 2022.
GRZYBOWSKI: Second.
MAYOR DICKEY: Thank you. All in favor, please say aye.
ALL: Aye.
MAYOR DICKEY: Any opposed? Thanks very much. And yes, thank you, Linda, very much
for all of your professional help. I think we needed professional help. Our next item is a special
use permit that we're going to be talking about on Ivory and El Pueblo. Grady?
MILLER: Yes, thank you. Our Development Services director is going to be providing the
council with the staff report on this. With that, I'll turn it over to Mr. Wesley.
WESLEY: Give me just a second, here. Get this one out and this one up. There we go. Okay.
Good evening, Mayor and council. As stated, this is request for a special use permit for
residential use in a commercial zone at 15006 North Ivory. When we establish a zoning
ordinance, we list uses permitted in a different zoning district. As we do so, we know there's
some uses that may fit sometimes and may not fit in other cases. And so that's why we have this
special use permit process, so we can consider those uses and specific situations and determine if
they're appropriate and if there may or may not be any conditions that should go along with that.
So that's what we're doing here this evening.
The zoning ordinance specifically allows for commercial in residential districts, but only
through approval through the special use permit.
So the property that we have here at the north end of town, Fountain Hills Boulevard and El
Pueblo, that's plat 106. It is zoned CC common commercial, and again, the request is for the
special use permit. The lot that that development that's being requested is in a very southeast
corner there at El Pueblo and Ivory. It's about an 8,000 square foot lot. I mentioned in the staff
report that the area was in need of some improvement, that the paving wasn't in the best shape
and overgrown a little bit. We knew through our discussions with the applicant and the overall
HOA that they were working on some improvements, and they've done those. So I wanted to
update that from what was in my report. They did that about the same time I finished my report
and learned about it just after. So here's some images of the site today. And you see the parking
lot is freshly sealed, coated, and striped, and a lot of the landscaping's been cleaned up.
So with this request, again, we're looking at that southeast corner of the property, or the
northwest corner of El Pueblo and Ivory Drive, again about an 8,000 square foot lot. The
applicant in this case is proposing ground floor commercial office, basically, uses. One office
would be for the applicant, and the other would be a lease space, and then some indoor parking
areas and storage space. The amount of commercial space and number of units being requested
at 5 results in a need for a total of 20 parking spaces. And so on site - let's see if I've got the right
button. Where's this going? Have I got the red dot any place that you can see? I guess not. The
parking is on the back side of the building inside the building, and then the commercial spaces
front the street, but it results in a need for 20 stalls total with 6 of those being inside. And then
the 14 outside will provide that 20 spaces that's needed. Here's a little closer look, then, at the
site plan for the two floors. Again, that ground floor, offices and parking. Upper floor shows
five residential units. And again, at this point in the process, this is a conceptual site plan. The
applicant, if this gets approved, would then take this to the next level of a full site plan review
through staff and provide more of the details that we're not seeing here. But this is - we hope it's
sufficient for the council to be able to make a decision on whether or not the special use permit
should be approved and the max number of uses that would go with that.
So as we look at this, first, we took a look at the general plan and how this fit in with the general
plan designation for the area. General plan calls for variety of housing types in the city and
around various parts of the town, establishes various character areas. The specific character area
in this location is what we termed a mixed neighborhood, which has a variety of smaller lots, a
variety of densities with some non-residential uses mixed in. And so continuing that type of
development on this particular corner seems to be consistent with the general plan. Section 2.02
D.5 of the zoning ordinance lays out some of the criteria that should be considered by the
commission and the council with a special use permit, main things being that it's not detrimental
to the health, safety, and welfare, peace and comfort of persons, and not detrimental and
injurious to property improvements in the area or generally the town.
So as we look at that, we had a few questions, then, that we asked and had answered as part of
this review. Will allowing residential use be detrimental to the desired commercial activity?
This is zoned commercial, and so we'd like to see that commercial development happen if it
could. That would be a benefit to the town. As we look at this particular plat 106 area, there's
been no new building in this area since about 2004. In general, we feel that the commercial is
probably a little bit overbuilt. We've got a number of other commercial lots that are still vacant
here, and so there doesn't seem to be a strong need for a lot of commercial. Adding residential
units here could, then, add more population close to the existing businesses and help support
those existing businesses. New development on this lot could help overall clean it up and make
it interesting for other development to occur. And additional residents on this lot don't seem like
they would particularly impede or be detrimental to the surrounding residents in the area.
Will allowing residential use be detrimental to the surrounding residential neighborhood? This
zoning district allows for buildings of 25 feet in height. The commercial allows 30 adjacent to it.
Residential uses on a second floor versus non-residential uses on a second floor seem to be
equally impactful, or possibly less impactful as those non-residential uses would be. The
proposed unit sizes of these apartments are very similar to the unit sizes of the houses in the
neighborhood. So they're fairly similar there. We've had a little bit of a concern about the
conceptual architecture proposed. It seems a little modern and out of character for the
neighborhood. So we have noted that and talked to the applicant about it. In the site plan
review, we want to look at some modifications to the architecture to better fit the neighborhood.
Will residential use create a desirable living environment? So would residents living here find it
a desirable place to live and would it be sustainable as a residential development? It's right
adjacent to residential across the street. It's at the edge and transition from a residential to a
commercial area. So we feel like it would fit in that way. It's not completely surrounded by
parking. It's just on the two sides. It has direct access to shopping, schools, churches, parks, and
other things. So we do feel like it would be a viable location for a residential use. So we feel
like in all those cases it meets the criteria outlined in the special use permit for consideration and
approval.
One of the issues that's come with this particular location, as it has in a couple others where you
have the CC common commercial zoning district, the unique district that establishes a common
parking field. You can see that in the middle here, and then the individual lots can be built out
entirely and don't have to provide any parking on their own site, which is a nice way to develop.
Gives you that a little bit more urban form, compact type development. But the challenge we're
having coming back so many years later with these is the amount of development that
theoretically can occur on each lot really exceeds the amount of parking that's available in the
parking lot. So somehow we have to allocate, then, how much development occurs on a given
lot to make sure that the other lots that haven't been built yet still have some room. So as we
look at this particular location and the proposal for this development and the parking
requirement - excuse me - the combination of the interior parking that's being provided and the
required immediately adjacent parking spaces, they meet the requirements for the development
that's being proposed. And we feel like that's pretty reasonable for this overall development and
does not negatively impact the ability of the other lots in the center to develop. It's an issue we'll
continue to refine as we work through that site plan process and engaging the property owners
association make sure they're comfortable too. So far we believe they are with this combination.
We want to make sure they feel like - and try to work with them to get a better handle, then, on
how parking in the future will be allocated to future lots in the site. Right now this looks like it
works pretty well.
One of the other things we considered is - we discussed this with the Planning and Zoning
Commission. The zoning ordinance as stated allows residential use in the commercial district
with approval of a special use permit, but it doesn't really tell us at what density or what
standard, what level it should be allowed. So that's kind of open. As we look at this site to try to
determine what might be appropriate, they're proposing five apartments, which look fairly
reasonable on the site and in the building being proposed. But we considered and compared it to
the multi-family zoning districts that we do have in town, and you see the list here from R-2 to
R-5, R-5 being our most dense. R5 allows one dwelling unit per 1,740 square feet of lot size.
And given this lot size, even at the R-5 density, only four dwelling units would be allowed. So if
we allow five, we're allowing something a little bit in excess of what the R-5 zoning district
would allow. Is that too much for this area, too much of an impact for the neighborhood? Either
the R-4 or 5 both end up at four units.
One of the requirements the council put in place back almost a year ago maybe - or when did we
do that, first of the year maybe - was the citizen participation plan process, where any time we
have a special use permit or rezoning, the applicants have to reach out to neighbors in advance of
coming to the P&Z Commission and engage them in the process, give them the opportunity to
provide some input. So this is our first case to have used that process. They did provide that
plan. They did mail notice to the property owners. They did not receive any direct comments
back. We did have one of the neighbors come in and talk to us as staff prior to the P&Z meeting.
We did have several that attended the P&Z hearing.
So the planning commission met on this twice, first at their May 19th meeting. There were
several issues and concerns that came up with regard to the density and the parking and some of
the restrictions that might be in the association. So that was continued, then, to their June
meeting. The issues were largely addressed and revisions were made to the site plan to reduce
the amount of commercial space, add that interior parking space. And so with that, staff and
planning commission have recommended approval. The commission has recommended four
dwelling units versus the five, based on those general density requirements, dedicated parking
for the building, and that that interior parking be designated for the tenants and property owner
so that they do have that interior parking. So with that, I'll see if you have any questions of me at
this time.
MAYOR DICKEY: Thank you. Councilmember?
MCMAHON: Can you please tell me why the Planning and Zoning wants four versus five?
And if that becomes the case, is the builder still interested in building?
WESLEY: Mayor, Councilmember, it was a - it wasn't maybe a strong thing with the
commission, but as they looked at the parking and trying to balance out those parking needs and
that density comparison to the neighborhood, they were just a little concerned that five might be
too dense -
MCMAHON: Um-hum.
WESLEY: - compared to the R-2 densities that were adjacent.
MCMAHON: Um-hum.
WESLEY: And so they came down the side of the four, you know, that was more appropriate.
At the meeting, the applicant said he was willing to go to the four. I think he would still prefer
the five. It's more cost-effective, but he is here and will speak in a little bit if the council would
like to ask him directly.
MCMAHON: Okay. Also the parking, when you were explaining it - sorry, you guys - it was a
little bit confusing. So I just wanted to make sure, given this development, whether it be four or
five, that there is sufficient designated parking for the tenants, et cetera, and also for the
commercial, because this is in a - more of a residential area, and I think that would be an
infringement in that area if we didn't provide adequate parking --
WESLEY: Yes.
MCMAHON: -- especially for the tenants who are there who are going to rent.
WESLEY: Yes. So Mayor, Councilmember, so the drawings that you saw are based on the five
units, and so that required the 20. If we drop it by a unit, that will reduce it by two parking
spaces that would be required. So it provides even greater excess there. The tenants, with the
six parking spaces in the building, and if you have four units, certainly at least they each get at
least one interior parking space. And that's, again, by the stipulations that P&Z has
recommended they get first choice of those interior spaces.
MCMAHON: Thank you.
MAYOR DICKEY: Councilman?
MAGAZINE: I'll wait. I'm sorry.
MAYOR DICKEY: Councilman?
SPELICH: John, I'm having a hard time wrapping my mind around this project. First and
foremost, I just don't understand how you can rent a place and it doesn't have a kitchen. These
are not going to have kitchens.
UNIDENTIFIED SPEAKER: (Indiscernible).
SPELICH: No? Initially when we were first talked to, I believe that he said that there was not
going to be individual kitchens in all the units.
GURCZAK: No, it's all individual apartments.
SPELICH: Then something's changed from the first time we talked.
GURCZAK: No, it's always been like that. I think someone was thinking that we were going to
do the group home, but that's not true at all.
SPELICH: Okay. And then -
GURCZAK: Just because, you know, this is just conceptual. (Indiscernible).
MAYOR DICKEY: Would you like to come up?
SPELICH: Okay. Well, on top of that and the parking concerns, I personally - and I'm not
speaking for any other council members. I personally do not believe that I have enough
information as far as drawing-wise, you know, the drawings and everything, to wrap my mind
around it to make a good vote. I think these are very basic. I mean, these are things that you can
do, you know, on a basic drawing, and I just don't - I can't conceptualize it. I just can't. I think
that I would want to see more. And once again, I'm speaking totally for myself. I want to see
more because if it was put to a vote tonight with just the information given, I would be a no,
because I just don't have enough to go on.
MAYOR DICKEY: Okay.
FRIEDEL: I have some of the same concerns, but my biggest concern is that commercial area is
really designed to support that whole north side of town. We give away a SUP, what are we
saying there? That will never go back, and we'll never have another opportunity for commercial
in that area to support the growth on the north side of town. And at some point if the state trust
land gets sold, that's going to be very important, I think, to the town. We've got two others that
we've given SUPs to, on Saguaro and Kingstree and Saguaro and Monterey. And nothing has
happened on those yet as well. So once again, here we are changing our zoning for investments
that haven't panned out yet. So that concerns me. I agree with Councilman Spelich. I need
some more detail on these plans. That tenant storage down below, that's something new to me. I
don't understand that. Why wouldn't that be garages? And also I'm really concerned with what
Councilmen McMahon brought up, the parking. That proposed project, they have access to that
common parking in that area without any issues at all. You have confirmed that? You said you
thought it would be okay. I want to make sure that we don't have a parking issue with a project
going in there and that they're going to be infringing on parking in other areas and then the town
is going to be looked at. Those are my - those are my concerns.
MAYOR DICKEY: Thank you. Councilwoman?
GRZYBOWSKI: I think the confusion with the kitchen conversation - I listened to both
meetings today. This is my second time listening to the May whatever it was meeting, and my
first time for the June meeting. I think it was the May meeting, somebody called it a kitchenette,
and a concern over no kitchen or a kitchenette or something like that. Then it was made clear at
some point. So yes, it was a little confusing at the beginning, but I'm pretty sure it was at the end
of the conversation in May - maybe it was June, but it was made perfectly clear that there is a
kitchen. So we're good there.
As for the storage question, I got to tell you, I think it's a brilliant idea because there's very little
storage in condos or apartments kind of thing. So condos and apartments now are going to
storage facilities down in the parking area. Scott and I were just in San Diego looking at condos
for a secondary residence, and I was surprised how many didn't have this little extra storage
down here like this. So I'm actually glad to see it. Thanks for putting it in there because for
somebody like me that has way too much crap, you need that.
MAYOR DICKEY: Councilman?
MAGAZINE: Apparently, there are some questions that some council members would like to
have answered, and I'm not going to make a motion, but I think it might be wise to postpone a
decision on this and let John get together with the developer and see if we can get some answers
to some of these questions.
SCHARNOW: Thank you, Mayor. While this is a conceptual site plan, you said it's coming
back at some point in time, right?
WESLEY: Mayor, Councilmember, typically it would just come back to staff. This is a formal
site plan review.
SCHARNOW: Okay. Uh-huh.
WESLEY: Although if council wanted it to come back here, you could stipulate it as such.
SCHARNOW: And we previously approved another project basically across the parking lot
where there was residential on that, correct?
WESLEY: Correct.
SCHARNOW: And there didn't seem to be any issues brought up at that time as far as parking
or future concerns. So I'm not quite sure why all of the sudden they're bringing up now. You
know, and as far as commercial space, I mean, that whole area is chopped up, small lots, been
there 50 years, and there's been so much turnover already in the existing commercial spaces. So
I just - you know, there's not opportunity there to combine large lots and create some synergy for
a commercial project to serve north Fountain Hills. I mean, it's just been sketchy, you know, as
far as what's happened there commercially the last 50 years. So to me, adding some residential,
you know, we've been doing that all over town. So I'm not quite sure why all of the sudden this
one's different. And, you know - so I support P&Z. They took it down from five to four. So,
you know, they were concerned. And so to me, this seems to be a trend that we've been
approving before. So I agree with P&Z.
WESLEY: Mayor, if I may address one comment that was made just in terms of the parking? If
this were just a ground floor, all commercial retail building, 8,000 square feet, it would require
32 parking spaces because it would all be out in that parking lot and that would be a very big
impact on that adjacent development, very hard for other lots in there to be developed. By doing
what's been proposed, we've now got a small portion of the ground floor in a commercial space,
and the residential on the second floor, which could all be a commercial space, too, and double
that parking if it were 16,000 square feet of commercial space. That would all be reviewed at a
staff level. We wouldn't be here at all. You'd really impact that parking on site. And so this
does help mitigate the parking by the design that's proposed. It'd become any worse if any of it
was restaurant space because that would raise it to even more.
MAYOR DICKEY: Thank you. That's what I wanted to say, because you're saying it's this
shared use. Well, why don't they have just as much right to it as who we're protecting? I didn't
quite get that part of it. I mean, don't they have just as much right to use it as the fact of anybody
else who may potentially come?
WE: Yes.
MAYOR DICKEY: Okay. Would you like to come up and make any presentation? Thank you.
And then we'll see if we have any speaker cards.
GURCZAK: Good evening. My name is John Gurczak. Fountain Hills resident and builder,
developer in Fountain Hills. So, you know, I think the project is, you know, really well suited
for that lot. You know, the R-4, R-5 zoning, you know, it's 2,000 square feet or 1,740 square
feet. But, you know, it's 8,000 square feet is the actual lot. You know, in that calculation, you
could also argue that you could count the shared parking as part of that because any development
just on a regular lot would require that kind of parking and have to be larger. So the old office,
it's going to be something that's going to be personally occupied, the whole space, by us. And
then the rest are just going to be, you know, rental units that we're going to keep long term. And,
you know, the apartments, they're pretty similar to the ones that were just built on El Lago.
MAYOR DICKEY: Anybody have any questions?
FRIEDEL: I do.
MAYOR DICKEY: Yes, sir.
FRIEDEL: How many other projects have you done in town?
GURCZAK: We have about six or seven under construction right now.
FRIEDEL: In this town right now?
GURCZAK: Yeah, I mean, couple in Firerock, you know. We have a couple in Eagles Nest and
all around town too. We do -
FRIEDEL: Are those -
GURCZAK: - primarily specs and some built to suits.
FRIEDEL: Okay. So are those primarily residential or -
GURCZAK: Yeah. Yeah, like high-end custom houses, typically.
MAYOR DICKEY: Thank you. Any other questions? Do we have any speaker cards on this
item?
MENDENHALL: Yes, Mayor, we do. The first is Larry Meyers.
MAYOR DICKEY: Thank you, sir.
MEYERS: Mayor, council, thanks for the opportunity to speak. I don't really have a position on
this, but I do have some concerns about the process because the process predates probably most
of you on this council. And I don't know that it's particularly good. I tend to agree with
Councilman Magazine already in that there's less - don't be surprised now.
[LAUGHTER]
MAGAZINE: I'm very surprised.
MEYERS: There's generally not enough information to make a decision of this magnitude. And
the magnitude I speak of is in that little handout I gave you, because there's emails that basically
talk about buying up other parcels within this zone. Now, this is a CC zone, and what's
uncovered in the handout, the most distressing is that town management actually coaches the
developers, and this isn't the first or will be the last, on how to circumvent our ordinances rather
than how to comply with them. So that bothers me. I don't know that this particular project
benefits the residents, which is what CC's supposed to do, the surrounding residents. But it does
show the precedent that's always used. Well, you did it at Kingstree, so let me do it too. And
then if you look at all the other parcels that are mentioned in that one email, pretty soon, most of
the CC land tract is gone. You add that to Wilson Ejam (ph.), who's also been to the POA out
there, who wants his SUP as well, and you have virtually no commercial zone on that tract of
land whatsoever at the end of all of this, all done through precedent. You gave me an SUP; you
gave him and SUP; you'll give me an SUP. I find that to be disturbing, and it's not the first time.
It won't be the last time.
But I go back to - and I disagree with Councilman Scharnow. I don't care what's going on on
that tract now. That tract has history, and the McCulloch Oil company, the master planners of
this community, said someday that will serve this community. Someday might not be 50 years,
someday might be 70 years, someday might be 100 years, but they had an intent. And I don't
think we should throw that land away and throw that intent away, because when you do that,
once the land has gone to apartments, you can't get it back. What if we settled for C-2 nursing
home at Saguaro and Trevino? We wouldn't have a C-1, as intended, medical center. What if
we blew the top off the mountain at daybreak? We would've lost the future opportunity for a
resort. What if we'd held out for what is actually an entertainment and overlay district
somewhere in the future and not had Park Place on the land? What if someday this tract serves
the end of town, develops state trust land, or maybe even Rio Verde? So I'd ask you all to take a
step back, consider the long view, like the Chinese do, hundreds of years, a hundred years, not
immediate gratification. Thank you.
MAYOR DICKEY: We actually received another one. So now we have two. Crystal
Cavanaugh
CAVANAUGH: Good evening. Fountain Hills resident. Larry may have touched on a lot of
things I too had concerns with. And I'm not against development, obviously, but sometimes it
seems like we're always being reactionary versus maybe recruiting the types of projects we need
and that would be a benefit for the community. And then we wouldn't find ourselves always
with these special use zoning change requests. In my opinion, if someone wants to build a
certain project, such as these so-called luxury apartments - and these were called luxury when I
first heard it in Planning and Zoning - it's logical that they should be required to bring all the
completed plans for the project in their entirety before the permits are provided. It's like we're
trying to provide permits for something that's so vague and conceptual that we don't even see
kitchens in there. And when I was at those past meetings, it was a concern that there weren't
kitchens. And Councilwoman was trying to clear that up, and then talked about kitchenettes, but
there was no kitchen or covered parking at one of the meetings I was at.
And when I requested the correspondence between the town and this developer Realtor through a
FOIA, it seemed that Development Services was indeed trying to coach them, to use the right
verbiage, in order to help them achieve a special use permit. And this was with regards to the
future tenant space on the ground floor. So they were coached to say that might be future tenant
space for whatever reason. I don't know what they were planning. But is it John's job to assist
an applicant in getting this pushed through the town or is it the developer who should have to
demonstrate his vision and the town can then decide if a zoning change is warranted and if it's
beneficial to the town? Just like the multiple lots that were already purchased this last year by
Wilson Ejam, that was touched on by Larry, it's up near Sylvester's Wine Bistro. And when I
spoke to Mr. Ejam previously after this happened, he indicated that if there were zoning changes
approved by the town, he was planning to develop group homes. Point blank told me group
homes. So if this SUP for the luxury apartments is allowed, there's no way to deny the next
request for the SUP for the group homes, right? Or at least not without risk of a lawsuit. And
what really is the end result and vision for that end of town? Perhaps it should be saved as the
commercial zone it is for further commercial development. And now that we have a new
economic development director; perhaps she can start promoting this as an area to bring in
business from both ends, from Fountain Hills and Rio Verde. That's all. Those are just my
thoughts, and I just feel like there's not enough information to make any decisions.
MAYOR DICKEY: Okay.
MENDENHALL: Ed Sitza. Stizza? Okay, Ed Stizza.
STIZZA: Welcome back, everyone. Mayor, town council, staff, I hope things are well. I just
have a concern on the aesthetic. This is probably a great time to bring up an aesthetic ordinance,
which we do not have. So we can see what's happened over at some of the developments here.
Somehow or another, the black, white, and gray is becoming prevalent here on churches, on
these type of developments. And I don't know when it's going to stop. So I've also been
involved with a couple projects where designers are also going down that path. So at what point
are we going to stop the aesthetic of this? And I'm almost positive at the last meeting the
applicant had said that there was no way possible he's going to change the design. And John
Wesley just stated that he's going to work on the design. So how can you vote on something
that's not locked down? I still don't understand that. And much to what Larry and Crystal just
said, you know, with the SUP, we've seen they hand off the SUPs very easily, and then we make
the decisions. And I think that precedent needs to stop, and it needs to stop now. I don't know
how else to say that, but, you know, tell me how you're going to, you know, start to control some
of this look. We're losing the blend of the town, you know. So it's really starting - most of these
buildings are going way over to the left side, and it's just too - the designs should be a lot more
copacetic with what we have here. And it's just not happening. So I don't know what you guys
can do about that, and hopefully you can. But that's it. So thank you.
MENDENHALL: It looks like we have one more. Janet “Faith” Fayleen.
MAYOR DICKEY: Okay.
FAYLEEN: Thank you, Mayor and council. I'm glad to be here. I'm glad to listen. Thank you
for all your work. The thing I wanted to bring up about this project is nothing has been
mentioned about handicap accessibility and whether or not it complies with ADA. So as long as
you are looking at things, that may be something to look at and talk about.
MAGAZINE: Mayor?
MAYOR DICKEY: Yes, Councilman?
MAGAZINE: Don't we have to consider that by law?
MAYOR DICKEY: John, do you want to maybe address that, please?
WESLEY: Let's go back to - I don't know if you can see it on this plan, but just on the west side
of the building in about the middle there, you'll see the stripes where the handicapped parking
space is. And so then you'll have the ramps, and yes, that has to be part of the building permits
to make sure they're handicap accessible.
MAYOR DICKEY: The residential part too? Just the commercial part?
WESLEY: I think just the commercial part with such a small one, but that gets into a segment of
the building code that I don't remember quite as well.
MAYOR DICKEY: Okay.
WESLEY: But if it is required, then we certainly would have to do it.
MAYOR DICKEY: Okay. Any further questions or discussion? Councilman?
SCHARNOW: Thank you, Mayor. I just want to - excuse me - address a couple of the
comments. I mean, I know Mr. Myers is aware when McColluch developed this property
originally and zoned it and master planned it, it was designed for 70 to 75,000 people. And there
was commercial all over the place. And so this is what we have to deal with today. And a lot of
the design and development standards have changed the last 50 years. And so I think developers
are just trying to keep up with trends and trying to make their projects viable and trying to make
them fit in as best they can with our ordinances and such. So architecture is kind of like art, you
know. A lot of it is in the eye of the beholder. And if you drive around Firerock or a lot of the
other upscale residential areas in Fountain Hills, there is a mix of territorial, you know, Tuscany,
and modern. So there's just a variety of architecture out there. So I just don't see us passing
some kind of ordinance saying, oh, you have to have territorial architecture and that's it. I just
don't see that happening.
And, you know, as far as the - like I said, there have been a lot of zoning changes in the last 30
years plus, because what was originally master planned just wasn't viable, and it just wasn't
realistic in terms of how things are today. So I just don't see the trend that is being portrayed as
so evil as being detrimental to this town, because, you know, there was a small commercial area
at Golden Eagle and Marathon at one time, and the thought was, well, all those people living up
there need a little, you know, Circle K and whatnot, a little strip mall up there so they don't have
to drive all the way to downtown area. And so, you know, these development concepts just don't
hold up anymore. And the way Plateau A was put together with the parking behind, you know,
the buildings and stuff, that just isn't really done today. So, you know, we're trying to improve
things that were done 50 years ago and make projects viable. So I just - I think it's been
generally accepted, John, that we have an overabundance of commercial zoning here already.
And you know, there have been several proposals for the Target center and such, and, you know,
I just think that that's just the trend. And I, you know, just don't see that changing in terms of
making projects viable, because we want more residents here to make our businesses successful.
So, you know, he's provided the parking, you know, as part of his project. And so that helps.
And I just don't see these major obstacles that are being portrayed out there.
MAYOR DICKEY: Yes, Alan?
MAGAZINE: Mayor, since there are some council members who have some questions that need
answering, I'm going to move to postpone a decision on this and let John Wesley get together
with the developer so they can come back with answers to some of the questions. That's a
motion.
FRIEDEL: Second.
MAYOR DICKEY: (Indiscernible).
FRIEDEL: Can I ask that you verify the parking situation with the –
GURZZAK: The POA?
FRIEDEL: Yeah, the POA.
GURCZAK: I thought that was verified already.
MAYOR DICKEY: That was a part of the June meeting, was the confirmation of that.
SCHARNOW: I'm just wondering. I don't know if it's an errant question or - I mean, can we
just postpone stuff, or do we need a date certain to bring it back, or - I mean, I think we need
some certainty here in terms of the timing.
ARNSON: So we can move to postpone, Mayor and Councilman. We can move to postpone
indefinitely, which it sounds like that's what Councilman Magazine just did. Or we can move to
continue to a date certain, which may be preferred. And I don't know if Director Wesley has any
input as to what that certain date might be.
MAGAZINE: I don't have any problem amending the motion to include a date certain if
somebody can suggest what that date is.
WESLEY: So I'm sure the applicant would rather do it in two weeks, but generally if we're
going to do something substantive and be able to prepare something back at council, it probably
ought to be at least a month. And so the second meeting in September would probably be the
earliest date it should be.
MAGAZINE: I'll amend my motion to include that.
MAYOR DICKEY: Two weeks?
MAGAZINE: Second meeting in September.
MAYOR DICKEY: So second meeting. Grady, you have something to say?
MILLER: I was just going to suggest the 20th because actually, technically, our staff reports for
the 6th are due tomorrow. So this gives Mr. Wesley enough time to work with that.
MAGAZINE: I'm not changing my motion.
MCMAHON: Although I have a comment.
MAGAZINE: I'll amend it.
MAYOR DICKEY: Councilwoman.
MCMAHON: This is just - this is just the concept plan, right?
WESLEY: Yes.
MCMAHON: I mean, it has to be a lot more detailed by the end of the day before you can
coerce them into doing their permits and applying through the town, correct?
WESLEY: Correct.
MCMAHON: Thank you.
MAYOR DICKEY: Yes, Councilwoman.
GRZYBOWSKI: What exactly are we asking of the developer? I feel like we're not being
specific enough to help the developer out as to what it is that the motion people are looking to
see to come back, because I feel comfortable actually having a conversation about the issue at
hand right now, not necessarily needing to postpone it.
MAYOR DICKEY: I agree with that. That was going to be my question. What more
information or what other sort of staff report do we need? These special use permits that we've
been giving to other projects are irrelevant to this, in my opinion. We have other builders who
asked to put residential on commercial mixed use, which has been on our books forever as a
goal. They're different developers, so they have different reasons why there's been delays or not
delays. I don't really know why. This is a separate project. Again, we have shortages in
inventory. We just talked about that. And this project does the two stories. That's the way it
could be. The way that whole lot - the way that whole area is right now is not going to be
conducive to serving - I mean, you could put a two-story whatever here that was just
commercial. So there's no master plan here that's part of that. I also want to mention, if it's
commercial, then detox center, if that ends up being something on our agenda, is going to be on
commercial. So if you're trying to avert something there and using this particular thing as a - I
don't want to say scapegoat, but sounds like it, then I don't agree with that. And so I'm prepared
to also not postpone this and go ahead with it. I don't want to have a hardship for someone just
because - I don't know specifically what we're really asking for. He wants to change it to partial
residential. He's got everything else in order. So this is really the only question. And I don't
understand why there's such an issue.
MAGAZINE: Mayor.
MAYOR DICKEY: Councilman.
MAGAZINE: I would like to hear from Councilmen Friedel and Spelich as to what their
concerns are and see if they can be resolved. If they can be resolved, I'll withdraw my motion.
MAYOR DICKEY: Thank you. Councilman?
SPELICH: So John, would you please go back to the other drawing where the applicant has the
layout? So that's five units. Planning and Zoning approved four. So are we saying it's four or
are we saying it's five?
WESLEY: Mayor, Councilmember - excuse me - that would depend upon whether the council
supports the P&Z motion of four or if they want to go ahead and leave it at five, as requested by
the council. But what the P&Z would say is to a maximum of whichever number you decide
upon.
SPELICH: So correct me if I'm wrong. Am I looking at a plan that has five?
WESLEY: You are looking at a plan for five.
SPELICH: Do you have a drawing that conceptualizes four?
WESLEY: No.
SPELICH: Okay. That's number one. Number two, I am concerned about the parking, even
though they said that the parking is covered. I'm concerned about the parking. That parking lot
shares a new restaurant that just came into Fountain Hills. I shouldn't say a new restaurant. A
new owner and a new concept, a tie-in restaurant. I'm concerned about that. I'm concerned
about - could you please go back to the conceptual outside drawing? No, the elevation, sorry.
WESLEY: I don't know which way that is in here.
SPELICH: I don't know either. Are we 100 percent set on this is what it's going to look like?
WESLEY: No. That's been a comment all the way along, and the applicant knows that we are
going to look for architecture that better blends with the neighborhood when he makes his formal
submittal.
SPELICH: Okay. So would it be asking too much for him to submit to us, by September, what
it's really going to look like? Because here's why I'm a no vote. I don't like the way it looks. I
don't have a four-apartment diagram or whatever, conceptual drawing, of what it's going to look
like. So I don't have that, what that's going to look like. I definitely do not like the exterior look
of this. And for the life of me, I have no idea why - why are we in such a hurry to do this? What
is the big deal delaying this 30 days? What's going to change? If anything, in 30 days, lumber
prices and everything are starting to come down. I know that. I'm building a home. So it's not
going to hurt the applicant for us to have a real, legitimate look at what it's going to look like and
what - the residents should see what they're going to live next to if they live in that area. And
then secondly, I want to look at what the four thing is going to look like. I don't think it's asking
too much. I'm not putting anything else into this. And if Councilman Scharnow and the Mayor
think that, then they're wrong. I want to vote on what's in front of me, and what's in front of me
is not correct. So why would we vote on something that's not correct?
MAYOR DICKEY: Councilwoman?
GRZYBOWSKI: I feel like when these things come to us in this raw form, for lack of a better
word, part of it is brought to us this way because of the expenses behind doing the actual
drawings, what needs to be done. So I think that if we approve something and say stipulation is
four units, stipulation is whatever, the color scheme, whatever the stipulation is for the outside,
and generally speaking, these things wouldn't come back to us, but we can say, you're approved
if you bring it back and it meets these requirements: the four units and the dedicated parking
space and the designation of the parking inside the building for owner and tenants that the P&Z
folks said. I'm not in a hurry to approve it. I just don't know why we are asking him to go to an
additional expense for something he doesn't - he's not going to leave with a positive feeling today
when he leaves. So that's my actual question -
MAYOR DICKEY: Thank you.
GRZYBOWSKI: - which obviously nobody here approves of.
MAGAZINE: Well, it's kind of a tough one, but I got to say that I don't think the objections I've
heard really are unreasonable. We're talking about 30 days. It's not going to - it can't make that
much difference. And so I'm not going to withdraw my motion.
SPELICH: Call the question. Call the question.
MAYOR DICKEY: I'm sorry, but Member, you were asking about what the - did you have
something to say to respond to Councilman Magazine?
FRIEDEL: I'm going to - I'm going to address your question now. I agree with Councilman
Spelich. I don't think we have enough detail or it's not complete enough for my liking right now
too. So I support his request for 30 days.
GRZYBOWSKI: So we're looking for -
MAYOR DICKEY: Okay.
GRZYBOWSKI: Sorry. We're looking for the drawing of the upstairs, the confirmation of the
exterior. I know at the June meeting, he said he was going to do away with some of the windows
on the commercial section. I do know he was talking about that as well in the June meeting.
What else are we looking for for a delay?
FRIEDEL: And what you have up there right now, is that a garage door I see down at the
bottom?
WESLEY: Yes. That's what faces Ivory.
FRIEDEL: So there is garage space -
WESLEY: Yes.
FRIEDEL: - underneath?
WESLEY: Yes.
FRIEDEL: In addition to storage? Okay.
MAYOR DICKEY: Okay. All right. Okay, well, he called for the question. So I guess I should
stop this. All in favor of postponing until September 20th, say aye, please.
ALL: Aye.
MAYOR DICKEY: Any opposed? Thank you. We'll take it back up then. Thanks. All right.
Our next item is a request to apply and take receipt of grants from the AOT. Grady?
MILLER: Yes, Mayor and council, before you is an item for permission to apply for grants that
are being administered. They're ARPA grants that are being administered by the Arizona Office
of Tourism. Our economic development director, Amanda Jacobs, is going to give you a brief
report on this. I'll turn it over to Ms. Jacobs.
JACOBS: Good evening, Mayor, members of council. Typically with our grants, we place them
on consent, but because there are three grants wrapped into one and there are matching
requirements, we just wanted to be a little bit transparent on this subject, and also just good for
our residents to see what we're applying for. So as Mr. Miller mentioned, last year, Governor
Ducey designated Visit Arizona Initiative, so VAI - it's a mouthful. And so it's three different
grants in order to accelerate tourism recovery, generate job creation and economic development.
So there are three. I'll briefly go through. It's the marketing partnership and outdoor
revitalization.
All right. So marketing grant, last year we did apply and receive $10,000, which was designated
to our community center to do a video promotion, as well as to do an enhancement on our
experience website, which is the tourism arm. And this year we're requesting $230,000, and
there is a 20 percent match. Those matches can be in kind, cash, or through a third party. And
so what we're doing is we're working with our community relations, our community services
department, to really put together a robust marketing strategy this next year. Of the 230, we're
also planning to designate $55,000 towards event sponsorship. So there's different requirements
in order to apply, and some of that we're going to, hopefully, again, with your permission - and if
we do receive it, it will go to the International Dark Sky Association for the Dark Sky Festival to
again try to generate visitors to our wonderful community, and then also the two fine art festivals
are put on by the Fountain Hills Chamber of Commerce. That gets hundreds of thousands of
people. So again, how do we recover from those two years, where basically we were at a
standstill, there was no events, no people coming in? How can we continue to put ourselves on
the map?
Next, a partnership grant. This is for a new or expanded event. You heard me during my third
quarter report. We did receive partnership grants, $9,000 specifically through this program for
our music fest. We cannot do that again. Again, it needs to be new or expanded. And so again,
our team internally is looking to expand our Irish Fest to a two-day event. The request is
$56,000 and, again, a match of 20 percent, and really to increase visitation and overnight stays
and work hand in hand with our hotels. So we can't go quite specific to, for instance, March
17th, but going back to March 2019, that month, in bed tax and sales tax was nearly almost
$170,000. In 2020, it went down to over 70. And in '21, 56,000. So we really did get hit hard.
We're starting to see that recovery, but again, we have a built-in audience. Let's attract more
people and help, again, the tourism industry that was hit hard and support our hotels, our
shopping, and our dining.
And then last, but not least, outdoor revitalization. And so what this is seeking is for either
marketing, sustainability efforts, and/or infrastructure improvements to accelerate industry
recovery. And so what we're requesting - so momentarily ago I said we received some money
for our community center. What we're wanting to do is not just look at the community center
and the lovely activities, but to also start promoting a conference center, right? We've got new
ballrooms, meeting rooms. Those people expect to pay. And so we're wanting to bring some of
those event and meeting organizers again to town. Now, one thing through the pandemic is some
folks feel a bit safer being outdoors. And so we think - you know, we've talked about the
Centennial Pavilion, that that would be a nice extension to the community center and conference
center. And then also, it's nearby the planned Dark Sky Discovery Center, our library, that it just
makes sense. And the request here is a max of $250,000 - or excuse me, the request - and the
match is 20 percent. And so with that, Madam Mayor, council, I'll be happy to answer any
questions. And really, the request by staff tonight is for you to allow staff to apply and accept
monies if we do receive them. Thank you.
MAYOR DICKEY: Thank you. Questions? Councilman.
MAGAZINE: Amanda, how do these - how does the shade structure relate to the one that was in
the CIP for outside the community center?
JACOBS: So what this - so this is our outdoor revitalization. So how it applies is tying into our
community center/conference center.
MAGAZINE: Okay.
JACOBS: So it would be an extension.
MAGAZINE: Is this the same thing with a different -
JACOBS: Oh, sorry.
MAGAZINE: Same thing with a different name?
MILLER: Yes, it is, absolutely.
JACOBS: Sorry.
MAGAZINE: You know, I kind of object, frankly, to sliding this in. We had a question as part
of the CIP, did we not?
UNIDENTIFIED SPEAKER: Yes.
MAGAZINE: And now we're seeing it in this form? What am I missing here?
MILLER: So this is why it's on the regular - I think the very beginning comments that the
economic development director said is that typically these are on consent. We put this purposely
on the regular agenda so that we could get this out and have this discussion.
MAGAZINE: I just don't think this is right. I just don't think this is the right way to handle it.
We have number of comments about the shade structure previously. Every time it comes up, it
seems to have a different name. It's almost like trying to slide something in here that some of us
have opposed. And frankly, I resent the way this is being handled.
GRZYBOWSKI: I think we've known all along that they were going to apply for a grant for it.
That was part of the conversation at some point. I don't remember first time we talked about it or
fifth time we talked about it, but you're right, we've talked about at least five or six times. But I
know we discussed a grant because I remember for a number of grants, we've had the
conversation that if it's not in the budget or if the drawings aren't done, they won't even consider
us for whatever the grant is. So that's one of the reasons why I remember that this particular one,
a grant was discussed.
MAYOR DICKEY: And literally all of these items, particularly the three that we were having,
you know, discussions about, that's what we were told. We will bring them back. That's what
we're doing because we were only going to bring them back as they came up to be relevant. So
this one at this point is relevant, so we're bringing it back, and that's why we're going to vote on
it.
MAGAZINE: Mayor?
MAYOR DICKEY: Yes.
MAGAZINE: Would it be any less relevant if it came up as part of the CIP?
MAYOR DICKEY: So we approved the CIP as it stood with the understanding that as different
projects came forward, we would vote on them individually. That's what we're doing here.
MAGAZINE: Well, my understanding is different, and it may be wrong, but I thought we were
going to be looking at all the CIP projects and making decisions on them. Is that not correct?
MAYOR DICKEY: Well, let me - we will look at them as they come up. Otherwise, if we don't
go forward with them or they don't end up being something that we're going to move forward
with, we're not going to spend money of RFPs or such, then that's how we make the decisions on
all of our capital projects, when they come back to us to, you know, to take whatever that next
step is. So this next step - and we literally, about these three items, said if the grant - if we end
up with an ability to apply for a grant, that's when we'll talk about it. And that's what this is.
MAGAZINE: Well, and as I'm looking at it, it says marketing, sustainability efforts, and/or
infrastructure improvements. But the wording's a lot different from what we've dealt with in the
past.
MILLER: So let me just explain this. So they're trying to work with the language that's in the
actual grant application. So as you heard earlier, we've never referred to the community center
as a conference center. So the conference center - in order to get - for this particular aspect of
the grant, there needs to be some significant improvements. We just went through a big
remodeling project, so that wouldn't qualify. But we were thinking creatively that possibly this
pavilion - again, we know that it needed to be debated. And we know that that was going to
happen tonight. So there was no way that we were trying to slide this through. That's why this
was on the regular agenda. We also understood that the council could possibly have supported
this if they know that the lion's share of this is being paid through other sources, so if it's a grant
or other way of paying for thins. So that's what the staff did is they came up with a creative way.
If the council has a concern with this, they can approve what is before you tonight and you can
actually take that item off of this. So if you have a concern about the pavilion, you can certainly
go ahead and remove this from the motion when you go ahead and approve the submittal for the
other two. This is a total of three separate grants that we would be applying through the Arizona
Office of Tourism.
MAGAZINE: And what's the maximum amount we would have to pay?
MAYOR DICKEY: 115,000.
MILLER: The total that I've got for all three -
MAGAZINE: Okay.
MILLER: - because there's three grants, would be 107,000, but just for this particular one, it
would be 50,000, I believe.
MAYOR DICKEY: 20 percent.
MILLER: So for 50,000, we would be basically getting a $300,000 pavilion.
MAYOR DICKEY: Director.
JACOBS: And Madam Mayor, I did include it in my report but failed to mention it here, I have
to apply on behalf of the town by August 31st, which was an extension. Originally it was the
17th.
FRIEDEL: Mayor.
MAYOR DICKEY: Friedel.
FRIEDEL: So Alan, I'm against it, as you know, but if we can get this done for 50 grand, I'm for
it.
MAYOR DICKEY: I think that - you just nailed it right there, on the head. So that's the
decision to make, whether you want to risk, or if you want to do the match. If you don't even
want to do the match, then we won't apply for it.
SPELICH: I, too, was opposed to this, and I concur with Alan. I think I even said at the meeting
it was probably the first time in four years him and I agreed on anything. But I think we kind of
gave - correct me if I'm wrong, but I think we kind of gave the marching orders to Rachael that if
she could find money somewhere else, as long as it wasn't coming out of the CIP budget, to go
ahead and try to do it. So what I think is - I can understand you thinking we're getting back-
doored, but I think in this particular instance, I think that we kind of gave her the marching
orders, or at least I remember speaking about this and saying, if you can find the money that we
wouldn't be on the hook for the whole amount, I would be for it. So knowing that we're only
going to be - up to 50,000 would be our liability? - up to 50,000, she did what we requested. She
went out on her own and found the money - or with the hopes of finding the money. So
originally I was against it because it was all on us, but now that it's going to be a $50,000 hit, I
would approve it.
MAGAZINE: Mayor.
MAYOR DICKEY: Yes, Councilman.
MAGAZINE: Originally - I may be wrong - I thought it was 350. Now I'm seeing 250. If we
can get it for $50,000, I will support it.
MAYOR DICKEY: Do we have any speaker cards?
MENDENHALL: Mayor, no, not for this item. 8(D)? Are you wanting to speak on this one or
8(D)?
STIZZA: This one.
MENDENHALL: Oh, it's for this one. Okay. We do.
MAYOR DICKEY: Okay.
MENDENHAL: Ed Sitzza? Sitzza?
STIZZA: It's okay.
MENDENHALL: I'll get it.
MILLER: Mayor, while Ed's coming up, may I make just one quick comment? If we receive
the grant, we'll let you know, and we'll be bringing any kind of award of contract back to this
council. So you'll be fully aware as to what the cost would be. So there's more steps than this
tonight.
MAYOR DICKEY: Thank you. Ed?
STIZZA: Thank you. So thank you, Grady, for explaining why this is being done. There are
certain people in this audience here tonight - and this is probably part of the problem,
transparency. This typifies it perfectly. So as far as bringing this out right now, the public had
no idea of this. We're only here because we thought it could possibly be for - I'd love to have
that picture back up there because I'm going to talk about the design of it, okay. And so anyway,
thank you very much for explaining that because that makes total sense in timeline, amount of
money. And it sounds like the grant only gets 50,000 towards the 250; am I not understanding
that? You're saying it's going to get bought or built for 50, but that's not true.
UNIDENTIFIED SPEAKER: No.
STIZZA: Okay. That's what it sounded like back there. I'm sorry.
MAYOR DICKEY: Our match would be 50 if it's - would be 20 percent of whatever it ends up
being.
STIZZA: Okay. So the total outlay to the town is -
UNIDENTIFIED SPEAKER: 50.
STIZZA: All right. So let me talk about this design. I've had a problem with the circus tent
since I've seen it. The Centennial Circle is an open space. No offense to Rachael or anybody
else in Parks and Rec, but part of the beauty of Fountain Hills is open space. We are
continuously condensing that right now. Putting that structure over the Centennial Circle - are
you going to move the statue? What's the plan there? Where are you going to put that beautiful
statue that's in the Centennial Circle that represents the Centennial Circle? So there are some
designs that I have that are circular in motion that will much better represent that area, still do the
same thing, without it looking like a circus tent. So that thing is - you cannot tell me that
aesthetically that's going to look good. It's just not. We got to stop. I mean, you guys, come on.
So the observatory's not even built yet. Once the observatory's built, maybe take a look at
something like this. What's the cost - well, the cost is - it's not high. So as far as you getting the
actual return on investment, it's not even really that, right? But as far as the look of the thing,
you're not going to be able to change this thing. I mean, how much more are we going to - you
going to put one of these down in the middle of Fountain Park over the fountain? Come on,
guys. I mean, at some point this has got to stop. The aesthetic of what this town is and where
it's going is a big problem. I agree with what you said 100 percent as far as development, but
there is a blend. There is a blend. I don't care if it's a Tuscan next to a contemporary; there's still
a blend architecturally, and we are blowing that. We are blowing that completely in this town.
We've done it. I mean, so let's take a stronger look at it. Thank you.
MAYOR DICKEY: (Indiscernible).
MAGAZINE: Yeah, just a clarification from staff. Would this go over the statue in Centennial
Park?
GOODWIN: Thank you. Sorry. I figured it'd be better to do it at the mike. For clarification,
the answer is yes. The statue would be moved, and that is at the request of both the public labor
committee and the Dark Skies Group. Both groups have actually requested a relocation of that
piece regardless of this project. The idea here - and I appreciate the public comment from Ed. I
know he's very involved in what we've been doing. Conceptually, the idea is to add shade.
Regardless of the design, the idea is to add shade to the space to make it more usable. The art
would then be more visible, ideally, because more people would use the space. But yes, the
piece would be relocated on property, not out - probably either closer to the community center or
future Dark Skies space.
MAYOR DICKEY: Thank you. Yes, sir. Oh, Rachael.
FRIEDEL: Rachael, is it too late to look at Ed's design? I've never seen it, but is it too late to
look at that? Is that something - we want to see what he's got?
GOODWIN: We can certainly do that. I think what we have based it on is a design -- the space
itself is about 80 feet diameter, which is not small, and we were pretty prudent in the concept of
keeping a center post out of it. Ideally, this will be used for performances and other fine arts and
things like that. So we didn't want to have a visual obstruction in the middle. So finding
something that was architecturally viable to support that does limit some of our choices. And I
don't disagree with the concept - when you look at the renderings, they're not flattering, i.e. they
do have a layered effect that kind of comes off circus-tent-like. But the actual installations that
we've seen - again, they're just sort of layered. So there's space between the two to allow
movement, to allow air, to allow cooling and things like that. So they have come out very nice.
And we do anticipate them fitting the aesthetics with our color schemes, with the tans and the
dark browns and things like that.
MILLER: They could actually be that - the wind sails that you see sometimes that are a little bit
more vertical, and they are triangular in shape. We have to be very cognizant of wind loads
because even not having a center post, we're trying to make sure we don't have an issue where
the wind takes those or causes some damage to the structure.
GOODWIN: With all that in mind, I'd be happy to talk to Ed about his other ideas or concepts of
how we might still achieve that. Thank you.
MAYOR DICKEY: Anything else? Someone please make a motion, 165.
MCMAHON: Move to approve staff to apply and take receipt of AOT, VAI grant funding from
the Arizona Office of Tourism to support the town's economic development and tourism efforts.
SCHARNOW: Second.
MAYOR DICKEY: Thank you. All in favor, please say aye.
ALL: Aye.
MAYOR DICKEY: Any opposed? Thank you so much. Our next item is - speaking of shade,
it's Shade 'n Net contract. Grady?
MILLER: I'll just explain it simply and Rachael can fill in the details on it. So basically we
have a particular contractor, which is Shade 'n Net, and for it's for a contract amount of about
50,000, which is my authority. We are anticipating a number of these sunscreens or sunshades
that we'll be doing with this particular vendor. We've had very good luck with this vendor. We
had another one that didn't work out so well. And so we're trying to increase the amount from
50,000 by another 450,000 in anticipation of additional sunshades that we'll be doing,
particularly, I believe, at Golden Eagle Park. With that, I'll turn it over to Ms. Goodwin, who
will provide a little bit more background.
GOODWIN: Thank you. And yes, he kind of hit the highlights here. This is a standard vendor
that we use for all of our shade needs. This is not associated with the project we just talked
about. It has nothing to do with that. Our parks have a lot of shade structures in them, whether
they're over our ramadas, our picnic areas, our playgrounds, different areas like that. So having a
multi-year contract available so that we can move forward with the additional shade structures at
our ball fields, as well as have contract availability for us to actively respond to any damage,
whether that's monsoons, ripping, wear and tear, vandalism, those kinds of things, having that
contract and availability so we can proactively and quickly address those issues, should they
come up. With that, I didn't prepare any visuals. Everybody knows we've got a lot of shade
structures in our park, and I think there's actually more than, you know, you anticipate
sometimes. Like Grady said, we have those different types of sails, especially over our
playgrounds. We have a number of them at all of our different sport courts and things like that.
So just being able to address those and keep those in good working order.
MAYOR DICKEY: Councilman.
SPELICH: Thank you, Madam Mayor. Rachael, did I hear 450,000?
GOODWIN: It's a multi-year contract, so it's over the life of five years.
SPELICH: Oh, so it would be five years spread over, and you would spend up to 450,000 in that
five years?
GOODWIN: Correct.
SPELICH: You don't plan on blowing 450,000 next year, right?
GOODWIN: I don't have 450,000. Yes, correct.
SPELICH: I just want to make sure. You love your shade.
GOODWIN: It's hot out there. Yes, no, it is, again, for the life of the contract over multiple
years.
SPELICH: Okay.
UNIDENTIFIED SPEAKER: (Indiscernible) calling her shady.
MAYOR DICKEY: I know. There's a lot of jokes. Do we have any speaker cards?
MENDENHALL: Not for this item, we don't.
MAYOR DICKEY: Thank you. Any further discussion or a motion, please?
FRIEDEL: Move to approve Shade 'n Net contract 2022.091.1, amendment for park shade
installation and repairs.
MCMAHON: Second.
MAYOR DICKEY: Second, please.
MCMAHON: Second.
MAYOR DICKEY: Thank you. All in favor, please say aye.
ALL: Aye.
GOODWIN: Thank you.
MAYOR DICKEY: Any opposed? Thank you. Next we have our discussion, direction of town
manager. And if there isn't anything, we can take a motion to adjourn this meeting, and then
we'll take a little break before we start the work study.
FRIEDEL: Mayor, I have something.
MAYOR DICKEY: Oh, go ahead, sir.
FRIEDEL: Excuse how irritated I'm going to be about this, but the last week and a half, I had
three opportunities to visit the community center, and all I'm going to say is probably three, four
months ago, Councilman Spelich almost had a heart attack up here discussing the water issues in
that community center. And I'm just going to tell you how embarrassed I was, because the odor
in that building, the mildew smell, was unbelievable. On a Thursday night I was there and
people actually walked out because it was so bad. There's stains in the carpeting, sandbags still
at the doors. If we can't get this under control - we spent $800,000 on that building, and we still
have this water or moisture issue that was never fixed or addressed. We'll never get that smell
out of the carpeting, number one. Number two, I'm just wondering what health risks we have
for, A, our employees working in that building all day, and secondly, that's a hub for our seniors
in this town. It's distressing to me and embarrassing to sit with that building in that condition. If
that was here, there's no doubt in my mind that would've been already addressed. So I think we
need to get to the bottom of it and make these corrections. Whatever we need to do, we need to
streamline that to get it done. We're also charging people -
MAYOR DICKEY: To use the space.
FRIEDEL: - for that environment. And I find that just distasteful.
SPELICH: Thank you, Madam Mayor. Gerry - or I'm sorry, Vice-Mayor Friedel is 100 percent
right. Five or six months ago I did literally have a heart attack on this stage, or on this dais,
because I had known that we had spent $800,000 of our taxpayers' money on this building. And
at the time, I had said it's absolutely imperative that any water mitigation that needed to be done,
needed to be done, because I think I said -- if you go back and look at the video, I think I told
everybody up here that the first major event, there was going to be issues. And I specifically
said, when the residents of this town find out that the $800,000 of their money that we spent, a
significant portion of the carpeting and everything - I didn't go to the community center. I'll be
quite honest with you. The Vice-Mayor called me and told me about it. I didn't go because I
didn't want to be upset. So I told everybody up here. I said that we needed to make it a priority,
and I believe, before we spend any more money on any more studies on anything - I don't care
what it is. Before we spend any money on anything on our wish list, please - I'm going to
reiterate this again. Please, let's get to the bottom of what the problem is concerning the water
problem at the community center and spend whatever money we have to mitigate it and get it
fixed once and for all.
MAYOR DICKEY: Grady.
MILLER: Mayor, if I may. So if you recall, council, at that time, I told you this was a high
priority and we were going to work on it immediately. I will talk to you at the break and let you
know what we've done to date. In fact, we are supposed to be bringing some architectural
concepts or their plans on what they think we need to do. So that's been worked on since we had
this discussion previously. So that's all I have to say at this point, and you'll probably be hearing
about this - Justin, what part of September?
WELDY: The latter.
MILLER: The latter part.
MAYOR DICKEY: All right, Aaron. I don't know how far we're going on this, how much we're
allowed to discuss stuff. So just let me know.
ARNSON: It sounds as though the discussion direction of town manager is pretty clear.
MILLER: (Indiscernible).
ARNSON: Yeah.
FRIEDEL: Can I just add one thing? I get we need to do something around those doors. I
walked down a hallway on the other side of the building that was at risk. So I don't know how
far-reaching this is, but we've got issues.
MAYOR DICKEY: Okay. All set? Motion to adjourn, please.
SPELICH: So moved.
SPELICH: So moved.
GRZYBOWSKI: Second.
MAYOR DICKEY: All in favor, aye?
ALL: Aye.
MAYOR DICKEY: Thank you.
ITEM 7. B.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 10/18/2022 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Administration
Prepared by: Kukkola Sonia, Financial Services Technician
Request to Town Council Regular Meeting (Agenda Language): PUBLIC HEARING, CONSIDERATION
AND POSSIBLE ACTION: Approval of a Liquor License Application for the Hogwash Saloon, located at
16737 East Parkview Avenue Suite B, Fountain Hills, Arizona, for a Series 6 (Bar) license.
Staff Summary (Background)
The purpose of this item is to obtain the Town Council's recommendation regarding a liquor license
application submitted by Jeffrey Craig Miller, agent of the Hogwash Saloon, for submission to the
Arizona Department of Liquor. Staff reviewed the liquor license application and found that it is in full
compliance with Town Ordinances.
Related Ordinance, Policy or Guiding Principle
A.R.S. §4-201; 4-202; 4-203; 4-205 and R19-1-102 and R19-1-311.
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval of the liquor license application.
SUGGESTED MOTION
MOVE to approve a series #6 liquor license application for the Hogwash Saloon.
Attachments
Application series 6
Department Recommendation
Form Review
Form Review
Inbox Reviewed By Date
Finance Director David Pock 10/04/2022 05:08 PM
Town Attorney Aaron D. Arnson 10/05/2022 02:15 PM
Town Manager Grady E. Miller 10/06/2022 09:42 AM
Form Started By: Linda Mendenhall Started On: 09/28/2022 01:42 PM
Final Approval Date: 10/06/2022
TOWN OF FOUNTAIN HILLS
ADMINISTRATION DEPARTMENT
INTER OFFICE MEMO
TO: (as applicable)
• Streets Division
• Fire Department
• Building Division
• Community Services
• Development Services
• Law Enforcement
• Licensing
DATE: 9/29/22
FR: Sonia Kukkola,
Financial Services Technician
RE: Liquor License Application
Attached is a Liquor License Application for staff review.
Review the application, then mark or sign, indicating staff’s recommendation for approval (with or
without stipulations) or denial.
If staff’s recommendation is to deny and/or there are stipulations for approval, please attach a memo
that specifies the reasoning and the memo will be forwarded on to the Town Council for their
consideration of this application.
Name of Organization: Hogwash Saloon, Fountain Hills AZ 85268
Applicant: Jeffrey Craig Miller
Date(s) of Event: N/A
Date Applications Received: 9/1/22 Town Council Agenda Date: 10/18/22
STAFF REVIEW AND RECOMMENDATION:
Department/Division Staff Member Approved Denied N/A
P & Z John Wesley X
Community Services Linda Ayres X
Peter Johnson Building Safety X
Fire Department Mike Winters X
Law Enforcement Larry Kratzer X
Licensing Sonia Kukkola X
Street Department Jeff Pierce X
Attach report for denial or any recommendation requiring stipulations.
ITEM 7. C.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 10/18/2022 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Administration
Prepared by: David Pock, Finance Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE
ACTION: Approval of budget transfers for the Tourism Fund as a result of grant awards from the
Arizona Office of Tourism.
Staff Summary (Background)
Throughout the fiscal year, it is sometimes necessary to transfer funds from one budget account to
another. In most cases, the funds to be transferred are within the same department and can be made
administratively without the need to request Town Council approval. The following transfers are
needed to move budget between departments and between funds; therefore, Council approval is
requested.
The Arizona Office of Tourism has allowed the Town to carryover $17,783 of unused FY22 Proposition
302 funds, in addition to awarding an additional $42,682 from Proposition 302 and $230,000 from the
Visit Arizona Initiative grant for FY23. In order to utilize these awards, the following budget transfers
for revenues and expenditures are necessary between the Special Revenue Fund and the Tourism
Fund.
$60,465 from Special Revenue Administration (SRAD) Revenue to G5201 (TOURISM) Revenue.
$60,465 from Special Revenue Administration (SRAD) Contingency to G5201 (TOURISM)
Expenditure.
$230,000 from Special Revenue Administration (SRAD) Revenue to G5205 (TOURISM) Revenue.
$230,000 from Special Revenue Administration (SRAD) Contingency to G5205 (TOURISM)
Expenditure.
Related Ordinance, Policy or Guiding Principle
Town Council approved financial policies and best practices.
Risk Analysis
If not approved, the additional grant monies will not be accounted for according to best practices and
as required by the grant agreements.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval of the budget transfers as requested.
SUGGESTED MOTION
MOVE to approve the attached budget transfers as requested.
Fiscal Impact
Fiscal Impact:$272,682
Budget Reference:TOURISM
Funding Source:Arizona Office of Tourism
If Multiple Funds utilized, list here:
Budgeted: if No, attach Budget Adjustment Form:
Attachments
Budget Transfer
Form Review
Inbox Reviewed By Date
Finance Director (Originator)David Pock 10/04/2022 07:35 AM
Town Attorney Aaron D. Arnson 10/04/2022 08:01 AM
Town Manager Grady E. Miller 10/06/2022 09:42 AM
Finance Director (Originator)David Pock 10/10/2022 10:05 AM
Form Started By: David Pock Started On: 10/04/2022 06:28 AM
Final Approval Date: 10/10/2022
10/10/2022 10:01 |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 04 3 10/18/2022 GRANT BUA TOURISM 1 7
1 SRAD 4401 SPEC REV-ADMIN GRANTS -6,791,850.00 60,465.00 -6,731,385.00
400-10-10-105-000-0710-4401- TO TOURISM G5201 10/18/2022
2 TOURISM 4401 G5201 TOURISM GRANTS -25,000.00 -60,465.00 -85,465.00
320-10-10-107-100-2005-4401-G5201 FM SRAD 10/18/2022
3 SRAD 4401 SPEC REV-ADMIN GRANTS -6,791,850.00 230,000.00 -6,561,850.00
400-10-10-105-000-0710-4401- TO TOURISM G5205 10/18/2022
4 TOURISM 4401 G5205 TOURISM GRANTS .00 -230,000.00 -230,000.00
320-10-10-107-100-2005-4401-G5205 FM SRAD 10/18/2022
5 SRAD 7010 SPEC REV-ADMIN CONTINGENCY 5,000,000.00 -60,465.00 4,939,535.00
400-10-10-105-000-0710-7010- TO TOURISM G5201 10/18/2022
6 TOURISM 6251 G5201 TOURISM SOFTWARE LICENSE/MAINT .00 60,465.00 60,465.00
320-10-10-107-100-2005-6251-G5201 FM SRAD CONTINGENCY 10/18/2022
7 SRAD 7010 SPEC REV-ADMIN CONTINGENCY 5,000,000.00 -230,000.00 4,770,000.00
400-10-10-105-000-0710-7010- TO TOURISM G5205 10/18/2022
8 TOURISM 6402 G5205 TOURISM PROFESSIONAL FEES .00 230,000.00 230,000.00
320-10-10-107-100-2005-6402-G5205 FM SRAD CONTINGENCY 10/18/2022
** JOURNAL TOTAL 0.00
ITEM 7. D.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 10/18/2022 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Development Services
Prepared by: John Wesley, Development Services Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE
ACTION: Approving Professional Services Agreement 2023-33 with Safebuilt to provide building
inspection services in the Development Services Department.
Staff Summary (Background)
The Development Services Department has been experiencing high levels of building permit activity.
The issuance of building permits results in a high level of requests for inspections. The Town has one
full-time building inspector. The Building Official can also perform inspections, but that pulls him
away from performing plan reviews and assisting customers at the Development Services counter.
Over the last year, the number of inspections being requested on a daily basis often exceeds what is
possible to complete and maintain quality. Staff has either had to move inspection requests to the
next day or do quick inspections. This level of activity has been stressful for the inspector and does
not provide the level of service we desire to provide for our customers.
To help relieve this problem, funding was included in this year's budget to contract with an outside
agency to provide the additional inspection services as needed. Following a solicitation process,
Safebuilt was selected to receive the contract for these services. Safebuilt has been working for the
Town doing these inspections under a smaller, earlier contract and has been providing good service
and assistance to our inspector.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval on Professional Services Agreement 2023-33.
SUGGESTED MOTION
MOVE to approve Professional Services Agreement 2023-33 with Safebuilt.
Fiscal Impact
Fiscal Impact:$130,000
Budget Reference:Adopted
Funding Source:General Fund - DVSBS
If Multiple Funds utilized, list here:
Budgeted: if No, attach Budget Adjustment Form:
Attachments
Safebuilt Contract
Form Review
Inbox Reviewed By Date
Development Services Director (Originator)John Wesley 09/28/2022 11:04 AM
Finance Director David Pock 09/28/2022 12:55 PM
Town Attorney Aaron D. Arnson 09/28/2022 08:41 PM
Town Manager Grady E. Miller 09/30/2022 08:07 AM
Form Started By: John Wesley Started On: 09/20/2022 01:39 PM
Final Approval Date: 09/30/2022
Contract No. 2023-033
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND SAFEBUILT ARIZONA, LLC
THIS PROFESSIONAL SERVICES AGREEMENT (this “Agreement”) is entered upon execution between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and SafeBuilt Arizona, LLC, a(n) Arizona limited liability company (the “Vendor”).
RECITALS A. The Town issued a Request for Proposals, RFP No. “RFP-2022-022” (the “RFP”), a copy of which is on file with the Town and incorporated herein by reference, seeking proposals
from vendors interested in providing Building Inspection Services 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 of execution
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 (the “Renewal Term”) if (i) it is deemed in the best interests of the Town, subject to availability and appropriation of funds for
renewal, (ii) at least 30 days prior to the end of the then-current term of this Agreement, the 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 the Renewal Term are collectively referred to herein as the “Term.” Upon renewal, the terms and conditions of this Agreement shall remain in full force and effect.
2. Scope of Work. This is an indefinite quantity and indefinite delivery Agreement
for Services as previously set forth herein. Services shall only be provided when the Town identifies a need and proper authorization and documentation have been approved. For project(s) determined by the Town to be appropriate for this Agreement, the Vendor shall provide the Services to the Town on an as-required basis relating to the specific Services as may be agreed
upon between the parties in writing, in the form of a written acknowledgment between the parties
describing the Services to be provided (each, a “Work Order”). Each Work Order issued for Services pursuant to this Agreement shall be (i) in the form provided and approved by the Town for the Services, (ii) contain a reference to this Agreement and (iii) be attached to hereto as Exhibit B and incorporated herein by reference. By signing this Agreement, Vendor acknowledges and
agrees that Work Order(s) containing unauthorized exceptions, conditions, limitations, or
provisions in conflict with the terms of this Agreement, other than Town's project-specific requirements, are hereby expressly declared void and shall be of no force and effect. The Town does not guarantee any minimum or maximum amount of Services will be requested under this Agreement.
3. Compensation. The Town shall pay the Vendor an aggregate amount not to exceed $650,000 (and not to exceed $130,000 per term), including all renewals, at the rates set forth in the Fee Proposal attached hereto as Exhibit A 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.
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: SafeBuilt Arizona, LLC 3707 E. Southern Ave., Floor 1 Mesa, Arizona 85026 Attn: Shani Casillas/Sharon Marquez
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]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year first set forth above.
“Town”
TOWN OF FOUNTAIN HILLS,
an Arizona municipal corporation
Grady E. Miller, Town Manager
ATTEST:
Linda Mendenhall, Town Clerk
APPROVED AS TO FORM:
Aaron D. Arnson, Town Attorney
[SIGNATURES CONTINUE ON FOLLOWING PAGES]
“Contractor/Vendor/Consultant”
____________________________________,
By:
Name:
Title:
SafeBuilt Arizona, LLC, a(n) Arizona limited liability company
Gary Amato
CAO
EXHIBIT A
TO
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND
SAFEBUILT ARIZONA, 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
RFP No. RFP-2022-022
Building Inspection Services
RESPONSE DEADLINE: July 7, 2022 at 5:00 pm
Report Generated: Wednesday, August 3, 2022
SAFEbuilt, LLC Proposal
CONTACT INFORMATION
Company:
SAFEbuilt, LLC
Email:
proposals@safebuilt.com
Contact:
Hill McCoy
Address:
444 North Cleveland Avenue
Loveland, IL 80537
Phone:
(817) 798-9005
Website:
www.safebuilt.com
Submission Date:
Jul 6, 2022 10:36 AM
PROPOSAL DOCUMENT REPORT
RFP No. RFP-2022-022
Building Inspection Services
PROPOSAL DOCUMENT REPORT
Request for Proposals - Building Inspection Services
Page 2
ADDENDA CONFIRMATION
Addendum #1
Confirmed Jul 6, 2022 10:25 AM by Jessica Koehler
QUESTIONNAIRE
1. 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*
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,
PROPOSAL DOCUMENT REPORT
RFP No. RFP-2022-022
Building Inspection Services
PROPOSAL DOCUMENT REPORT
Request for Proposals - Building Inspection Services
Page 3
except for questions submitted as set forth in Subsection 1.4 (Inquiries), above. 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
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.
PROPOSAL DOCUMENT REPORT
RFP No. RFP-2022-022
Building Inspection Services
PROPOSAL DOCUMENT REPORT
Request for Proposals - Building Inspection Services
Page 4
Confirmed
2. Vendor Proposal
GENERAL INFORMATION*
A. One page cover letter as described in the section titled "RFP 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 Proposal.
C. Identify the location of the Vendor’s principal office and the local work office, if different. Include any documentation that
supports the Vendor’s authority to provide services in Arizona.
D. Provide a general description of the Vendor’s organization, including years in business.
E. Identify any contract or subcontract held by the Vendor or officers of the Vendor that have been terminated within the last
five years. Briefly describe the circumstances and the outcome.
F. Identify any claims arising from a contract which resulted in litigation or arbitration within the last five years. Briefly describe
the circumstances and the outcome.
2.1_General_Information.pdf
EXPERIENCE AND QUALIFICATIONS OF THE VENDOR*
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 Building Inspection.
PROPOSAL DOCUMENT REPORT
RFP No. RFP-2022-022
Building Inspection Services
PROPOSAL DOCUMENT REPORT
Request for Proposals - Building Inspection Services
Page 5
A. 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.
2.2_Experience_and_Qualifications_of_the_Vendor.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 staff.
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.
2.3_Key_Positions.pdf
PROJECT APPROACH*
PROPOSAL DOCUMENT REPORT
RFP No. RFP-2022-022
Building Inspection Services
PROPOSAL DOCUMENT REPORT
Request for Proposals - Building Inspection Services
Page 6
A. Describe the Vendor’s approach to performing the required Services in the section titled Scope of Work, and its approach to
contract management, including its perspective and experience on partnering, customer service, quality control, scheduling
and staff.
B. Describe any alternate approaches if it is believed that such an approach 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
Representatives.
2.4_Project_Approach.pdf
PRICING*
2.5_Pricing.pdf
Fountain Hills, AZ
July 7, 2022 | 5:00 pm
SAFEbuilt Arizona, LLC
RFP-2022-022
Building Inspection Services
PORTAL SUBMITTAL
Shani Canillas
Account Manager
970.294.6801
scanillas@safebuilt.com
Eric Pendley
Regional Director of Operations
970.977.6270
ependley@safebuilt.com
Tab 1
General Information
MAKING A DIFFERENCE WHERE YOU NEED US
Thursday, July 7, 2022
The Town of Fountain Hills
Development Services
16705 E. Avenue of the Fountains
Fountain Hills, AZ 85268
RE: RFP-2022-022 Request for Proposals for Building Inspection Services
To Whom it May Concern:
SAFEbuilt Arizona, LLC (SAFEbuilt) is pleased to present this response to the Request for Proposals for Building
Inspection Services for the Town of Fountain Hills, AZ. Accurate and timely Building Inspection Services are
critical to supporting development. SAFEbuilt provides efficient and effective solutions using our proven methods
to deliver high customer satisfaction at a competitive cost.
SAFEbuilt has been providing Building Department Services since 1992, and we currently support the Town of
Fountain Hills with plan review and building inspection services. Our goal is to ensure that the Town has the right
resources available to the community whenever needed.
To provide your community with quality services, choosing a company with demonstrated abilities like SAFEbuilt
is essential. Our long-term experience with other communities in Arizona and throughout the Southwest, along
with our own experience supporting the Town, provides SAFEbuilt with a thorough working knowledge of the
Town’s requirements and expectations. Our previous work highlights our technical expertise in performing these
services in a timely, well-qualified, and resourceful manner. We have provided examples of our work, each
similar to the contract’s size, scope, and complexity.
Our proposal details our services, qualifications, and fees for delivering outstanding Building Inspection Services
to support your Building Department. We enthusiastically present this proposal for your review and evaluation.
We thank you in advance for taking the time to assess our proposal. Your main point of contact for questions
or clarifications about this proposal is your Account Manager, Ms. Shani Canillas. She can be contacted at
970.294.6801 or by email at scanillas@safebuilt.com.
Again, thank you, and we look forward to continuing and growing our support for the Town of Fountain Hills.
Best Regards,
Chris Giordano
Chief Executive Officer
SAFEbuilt Arizona, LLC, a SAFEbuilt Company
INTEGRITY • IMPROVEMENT • SERVICE • TEAMWORK • RESPECT INTEGRITY • IMPROVEMENT • SERVICE • TEAMWORK • RESPECT
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Fountain Hills, AZ | RFP-2022-022 | Building Inspection Services
MAKING A DIFFERENCE WHERE YOU NEED US
Vendor Identification Information
SAFEbuilt Arizona, LLC is a wholly-owned subsidiary of SAFEbuilt, LLC, an industry-leading, third-party provider
of building department services to municipal and private clients in 31 states. SAFEbuilt Arizona, LLC, was
registered with the State of Arizona Office of Corporate Commission on October 3, 2014.
Points of Contact
Ms. Shani Canillas, Account Manager, and Mr. Eric Pendley, Regional Director of Operations, are the primary
points of contact for questions concerning this proposal.
Headquarters
444 N. Cleveland Ave
Loveland, CO 80537866.977.4111
Ms. Shani Canillas
Account Manager
970.294.6801scanillas@safebuilt.com
Mr. Eric Pendley
Regional Director of Operations
970.977.6270ependley@safebuilt.com
Offices
Principal Office
444 N. Cleveland Ave
Loveland, CO 80537
Local Office
4325 East Via Donna Road
Cave Creek, AZ 85331
6
Fountain Hills, AZ | RFP-2022-022 | Building Inspection Services
MAKING A DIFFERENCE WHERE YOU NEED US
Organization
In 1992, SAFEbuilt began providing exceptional Community Development services to local governments. Today,
we are a national leader performing value-added professional, technical, and consulting services in 31 states
and the District of Columbia for the efficient delivery of third-party solutions.
While we started by simply providing construction inspections and plan reviews for several communities in
Northern Colorado, our areas of service have expanded over the past 30 years to include:
Code Enforcement Permit Technician Certified Building Ocial
Community Development
Automation Software
Expedited Plan Review,
Inspections, and Engineering
for Special Projects
Housing Authority
Inspections
Planning and Zoning
Services Disaster Recovery
Full Service and
Supplemental Building
Department Operations
Residential, Commercial,
and Industrial Plan Review
Building, Mechanical,
Electrical, and Plumbing
Inspection
Fire Plan and Life Safety
Review and Inspection
Over the decades, our capacity has grown to 1,400+ employees who provide flexibility and economy of scale
to 1,000+ communities like the Town of Fountain Hills. We deliver solid teams of skilled industry professionals
to meet the goals and objectives of each community we serve, providing experienced staff with the necessary
licenses and certifications to achieve successful outcomes. SAFEbuilt has completed thousands of community
development projects, and we have the staff to accommodate all the requirements needed for your growth,
delivering consistent and responsive customer service every day.
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Fountain Hills, AZ | RFP-2022-022 | Building Inspection Services
MAKING A DIFFERENCE WHERE YOU NEED US
Terminated Contracts/Subcontracts
SAFEbuilt Arizona, LLC has only one terminated contract to report for the past five years. The contract was
with the Town of Clarksdale, AZ was canceled, because the project that SAFEbuilt was selected to support was
canceled. Please see the supporting letter below.
TOWN OF CLARKDALE
COMMUNITY DEVELOPMENT DEPARTMENT
PO Box 308, Clarkdale, AZ 86324
February 5, 2019
Mr. Scott Martin
SAFEBuilt 11684 N. Huron St., Suite 1048 Northglenn, CA 80234
RE: Cancellation of contract by and between SAFEBuilt and the Town of Clarkdale Sent via email on 2-5-19 to smartin@safebuilt.com
Dear Scott:
Due to unforeseen circumstances caused by the demobilization of the remediation contractor working
on Freeport-McMoRan Inc.’s United Verde Soil Program project, we must cancel our contract with your firm effective immediately. Based on a telephone conversation earlier today with your representative
Mr. Chad Johnson, the Town will pay for services through March 15, 2019. We appreciate your reasonable approach on this matter.
Please invoice me for services through March 15th, and we will process the invoice promptly. It has
been a pleasure working with your firm and we understand the cancellation of this contract will necessitate the renegotiation of a new contract at such time as we need contract inspection services again.
If you need more information or have more questions, please feel free to call my office any time at 928-639-2500.
Yours truly,
Jodie Filardo Community & Economic Development Director
Ecc: Gayle Mabery, Town Manager Ecc: Joseph Brunner, Director, Discontinued Operations, Freeport-McMoRan Inc.
Ecc: Beth Escobar, Planning Manager Ecc: Paul Grasso, Building Official Ecc: Chad Johnson, SAFEBuilt
Litigation
SAFEbuilt Arizona, LLC has not had any litigation or arbitration claims during the past years.
Fountain Hills, AZ
July 7, 2022 | 5:00 pm
SAFEbuilt Arizona, LLC
RFP-2022-022
Building Inspection Services
PORTAL SUBMITTAL
Shani Canillas
Account Manager
970.294.6801
scanillas@safebuilt.com
Eric Pendley
Regional Director of Operations
970.977.6270
ependley@safebuilt.com
Tab 2
Experience &
Qualifications
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Fountain Hills, AZ | RFP-2022-022 | Building Inspection Services
MAKING A DIFFERENCE WHERE YOU NEED US
Experience & Qualifications
We have extensive experience working with communities of similar sizes with similar needs. Even though the
services you require are as-needed, our team is ready to seamlessly provide you with qualified building inspection
professionals to help maintain your positive image with residents and business.
As with any company that provides third-party service personnel to their clients, SAFEbuilt thoroughly screens
prospective personnel for the right experience and qualifications to perform their assigned duties. With nearly
30 years of industry experience, we are very familiar with each position’s requirements within the different
building services disciplines. We look for candidates with a well-rounded background in the building services
and construction industries, a passion for the work, and a drive to get the job done correctly and on schedule. We
actively pursue self-motivated, personable candidates who can easily integrate into any team setting.
SAFEbuilt recognizes that our quality personnel are our greatest asset and distinguishes us from other building
department services companies. Along with recognizing service excellence with monetary compensation and
other rewards, we invest heavily in our personnel’s training, certification, and licensure, which increases employee
satisfaction and tenure with our company. SAFEbuilt’s leadership philosophy includes believing that a properly
structured recruitment and training program makes good employees even better and provides the momentum to
drive them to excel.
Working together with the Town, we will deliver services efficiently and accurately, meeting the needs presented
in the RFP. All proposed staff are current on all certifications and are fully compliant with continuing education
requirements. In addition, our team is well-versed in understanding and working in compliance with the following:
✔2018 International Building Code (IBC)
✔2017 National Electrical Code (NEC)
✔2018 International Energy Conservation Code
(IECC)
✔2018 International Fire Code (IFC)
✔2018 International Fuel Gas Code (IFGC)
✔2018 International Mechanical Code (IMC)
✔2018 International Plumbing Code (IPC)
✔2018 International Residential Code (IRC) with
appendix G
✔2018 Uniform Swimming Pool, Spa and Hot Tub
Code
✔1997 Uniform Administrative Code
✔1997 Uniform Code for the Abatement of
Dangerous Buildings
“Commercial development is key to our growth, so having a partner like SAFEbuilt to help
keep our commercial projects moving without sacrificing our safety standards has been
incredibly valuable.” – Brian Krajewski, County Board Member, DuPage County, IL
10
Fountain Hills, AZ | RFP-2022-022 | Building Inspection Services
MAKING A DIFFERENCE WHERE YOU NEED US
Similar Projects
SAFEbuilt has 30+ years of experience providing building department and planning services to municipalities
throughout the country. SAFEbuilt is pleased to present the following projects that are similar in size, scope, and
complexity with the services requested by the Town of Fountain Hills.
NOTE: All contracts are ongoing. We have listed the start/end dates of previous contracts with these municipalities
to comply with the Town’s requirement for “completed” projects.
Supplemental Services for the Town of Fountain Hills, AZ
2022 – Ongoing
Building Inspection Services
Peter Johnson, Building Official/Building Lead
16705 E Avenue of the Fountains, Fountain Hills, Arizona 85268
480.816.5127 | pjohnson@fh.az.gov
Supplemental Services for the City of Boise, ID
2021 – 2022 | 2022 – Ongoing
Building Inspections, Remote Plan Reviews, Fire Plan Reviews, & Permit Technician Services
Jason Blais, Building Official
150 N Capitol Boulevard, Boise, Idaho 83702-5920
208.608.7097 | jblais@cityofboise.org
Supplemental Services for the City of Nampa, ID
2019 – 2020 | 2020 – 2021 | 2021 – Ongoing
Building Inspections and Plan Review Services
Patrick Sullivan, Director of Building Safety
411 3rd Street South, Nampa, Idaho 83651
208.468.5445 | sullivanw@cityofnampa.us
Full Building Department Services for the City of Castle Pines, CO
2008 – 2010 | 2011 – 2014 | 2014 | 2015 | 2016 – 2017 | 2017 – 2019 | 2019 – 2021 | 2021 – Ongoing
Building Inspections, Plan Review, Building Official, As-Requested Code Enforcement, Permit
Technician, Disaster and Emergency Response, As-Requested Planning Consultation, and
Permitting Software Services
Sam Bishop, Community Development Director/Lead
7501 Village Square Drive, Suite 100, Castle Pines, Colorado 80108
303.705.0225 | sam@castlepinesco.gov
Full Building Department Services for the City of Northglenn, CO
2009 – 2011 | 2011 – 2013 | 2013 – 2016 | 2016 – 2019 | 2019 – Ongoing
Building Inspection, Plan Review, Building Official, Permit Technician, and On-Call Planning Services
Brook Svoboda, Community Development Director
11701 Community Center Drive, Northglenn, Colorado 80233
303.450.8937 | bsvoboda@northglenn.org
Fountain Hills, AZ
July 7, 2022 | 5:00 pm
SAFEbuilt Arizona, LLC
RFP-2022-022
Building Inspection Services
PORTAL SUBMITTAL
Shani Canillas
Account Manager
970.294.6801
scanillas@safebuilt.com
Eric Pendley
Regional Director of Operations
970.977.6270
ependley@safebuilt.com
Tab 3
Key Positions
12
Fountain Hills, AZ | RFP-2022-022 | Building Inspection Services
MAKING A DIFFERENCE WHERE YOU NEED US
Key Positions
SAFEbuilt is pleased to offer the Town of Fountain Hills the continued support of Mr. Troy Steward. Mr. Steward
began supporting the Town in May of this year. We have augmented our team to include two additional Building
Inspectors to ensure the Town receives prompt support when needed.
Troy Steward
Lead / Inspection Manager
Robert Elefante
Building Inspector
Lyle Yoder
Building Inspector
Proposed Team for the Town of Fountain Hills
Figure 1. Proposed Team for the Town of Fountain Hills
The following summarizes the experience and qualifications of each member of our proposed inspection team.
Their full résumés are presented in this proposal response, beginning on page 22.
Mr. Troy Steward
Lead / Inspection
Manager
Mr. Solomon “Troy” Steward will lead the proposed team of inspectors in the role
of Inspection Manager. Mr. Steward is currently supporting the Town with Building
Inspection on the active contract and will continue to provide this service for the next
contract as well.
Mr. Steward has 22 years of experience in building services. Prior to joining SAFEbuilt
earlier this year, Mr. Steward was most recently a Building Inspector for Maricopa
County. Other previous positions he has held include Route Technician/Inspector for
Chase Bank and Certified Building Inspector with the City of Surprise, AZ.
Mr. Steward’s ICC certifications are shown in the “Team Certifications Matrix” on
page 13. Although they are in “inactive” status, Mr. Steward has a Home Inspector
registration from the AZ Board of Technical Registration; a B General Residential
Contractor license, and B-2 General Small Commercial Contractor license from the
AZ Registrar of Contractors. Additionally, Mr. Steward earned a B-5 Commercial/
Residential Building Inspector Certificate from the Universal Building Code Association
in 1998.
Mr. Lyle Yoder
Building Inspector
Mr. Yoder joined the SAFEbuilt team this year and brings 29 years of experience in
construction and building services to his role as Building Inspector for the Town. A few
recent positions Mr. Yoder held include Construction Manager, Building Inspector for
Maricopa County, AZ, and Construction Superintendent for D.R. Horton.
Mr. Yoder has earned two ICC certifications (shown in the “Team Certifications
Matrix” on page 13). He recently attended a training class offered by the Arizona
Building Officials Association on the topic of Inspections for Fire-Related Construction
Applications.
13
Fountain Hills, AZ | RFP-2022-022 | Building Inspection Services
MAKING A DIFFERENCE WHERE YOU NEED US
Mr. Robert Elefante
Building Inspector
Mr. Elefante also joined SAFEbuilt earlier this year and has nine years of experience
in construction and building services. He will support the Town in the role of Building
Inspector.
Prior to joining SAFEbuilt, Mr. Elefante has held Building Inspector positions with the
Cities of Tuscon, AZ, and San Luis Obispo, CA. Among his previous positions, Mr.
Elefante worked as a Building Inspector for Interwest Consulting Group, a subsidiary
of SAFEbuilt.
Mr. Elefante’s ICC certifications are shown in the following matrix. He has also earned
a Fire Technology Certificate from Mt. San Jacinto College.
Team Certifications Matrix
Tr
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S
t
e
w
a
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Ro
b
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t
E
l
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f
a
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Ly
l
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Y
o
d
e
r
ICC Certifications
Building Inspector ✔ ✔
CALGreen Inspector/Plans Examiner ✔
Commercial Building Inspector ✔
Commercial Mechanical Inspector ✔
Fuel Gas Inspector ✔
Residential Building Inspector ✔ ✔
Residential Plumbing Inspector ✔ ✔ ✔
Other Certifications
Fire Technology Certificate ✔
UBC B-5 Commercial/Residential Building Inspector ✔
“SAFEbuilt has provided excellent
service while maintaining the
integrity that we would expect
from one of our own employees.
In an industry where it’s impossible
to please everyone, SAFEbuilt is
changing that narrative.
The attention given to customer
needs is a priority and it shows.”
– Lee Sudduth, Community Services
Director, City of Hapeville, GA
Fountain Hills, AZ
July 7, 2022 | 5:00 pm
SAFEbuilt Arizona, LLC
RFP-2022-022
Building Inspection Services
PORTAL SUBMITTAL
Shani Canillas
Account Manager
970.294.6801
scanillas@safebuilt.com
Eric Pendley
Regional Director of Operations
970.977.6270
ependley@safebuilt.com
Tab 4
Project Approach
15
Fountain Hills, AZ | RFP-2022-022 | Building Inspection Services
MAKING A DIFFERENCE WHERE YOU NEED US
Project Approach
We have taken careful consideration of the Town’s needs. We can ensure that all new members will integrate
seamlessly into the Town’s processes. Our team of qualified professionals understands the Town’s objectives,
and they know what it takes to efficiently and successfully facilitate building inspection services. Through effective
implementation and established deliverables, they will help guide you through a transition process that meets
your timeline and service expectations.
Contract Management Plan
Our Contract Management Plan begins with applying our
philosophy of Plan, Execute, Control, Optimize (PECO).
The PECO framework (Figure 2) is based on our team’s
experience and industry best practices endorsed by the
Project Management Institute. We identify, prioritize, allocate,
manage, and control the work requirements through this
singular, integrated method.
Using the PECO framework, the SAFEbuilt team delivers
a contract management approach that combines the right
people, processes, and tools to perform the Scope of Work
requirements. Our support of the Town requires a methodology
to operate and maintain all service areas efficiently. The
SAFEbuilt team’s methodology is structured to streamline
our resources and provide responsive services. Successful
execution of services begins with a responsive team structure
that can anticipate and address resource needs.
Approach to Partnership
Our partnership approach centers on fostering open communication between our firm and the Town. Before
receiving the first assignment, we will meet with Town staff to verify local code policies and review documentation
procedures, inspection checklist items, notification protocols, and scheduling processes. Our team is committed
to maintaining regular communication with Town staff to stay current with code interpretations and policies.
Ongoing communication improves our ability to quickly respond to any issues that may arise during inspection
activities.
We value the importance of the Town’s projects and are committed to meeting all project service delivery
deadlines. Under the Town’s direction, we will diligently document and report all inspection findings, tracking
information, and other reports, as required by the Town.
Our team members will be available to meet with Town staff via phone or in-person to address questions that
may arise during the contract and project life cycles. We will be accessible to project stakeholders, which is
essential to ensuring prompt decision-making. As such, our firm commits to responding to all inquiries within one
business day. We encourage discussions via an in-person meeting, teleconferencing, or web-meeting formats
as necessary to achieve the most rapid results.
Further, SAFEbuilt believes that maintaining frequent and consistent check-ins between the account management
and operations teams and our clients is key to the early identification of performance risks and contributes to
contract success. Your account management team will reach out to the Town to discuss the best method and
Figure 2. The PECO framework delivers a
contract management approach that com-
bines the right people, processes, and tools
to perform contract work.
OPTIMIZE EXECUTE
PLAN
CONTROL
dire
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direction & coordination
information
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,
& in
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directcoordination
daily status
report
16
Fountain Hills, AZ | RFP-2022-022 | Building Inspection Services
MAKING A DIFFERENCE WHERE YOU NEED US
frequency for these check-in meetings. These meetings will allow both parties to manage the resources tactfully
and develop the best contractor-client relationship. We can also estimate and evaluate possible outcomes and
make the necessary changes during this process.
Quality Control
SAFEbuilt takes pride in meeting clients’ needs while maintaining a high level of quality control. Our approach is
proactive—we prevent quality issues to the greatest extent possible and prepare for other situations in advance
by mitigating risk.
To ensure quality, SAFEbuilt has implemented a Quality Control (QC) program where our Inspection Manager
and Operations Manager will perform random quality evaluations of our staff throughout the year. SAFEbuilt’s
QC activities include:
• Standardized processes for intake, completion of returned work, e-mail correspondence, inspection reports
and other items to ensure consistency and client satisfaction.
• Our Inspection and Operations Managers conduct periodic reviews to ensure completeness, accuracy, and
consistency of work performed.
• Staff feedback as necessary for any discrepancies or improvements needed.
• Staff is paid to attend both internal and external training to grow professionally and improve skill sets.
• The Account Manager and Operations Managers will conduct periodic check-ins with clients for feedback on
satisfaction with work performed and services provided.
• Sending periodic customer satisfaction surveys for feedback on work performed and services provided.
• SAFEbuilt uses check-ins and surveys to find possible opportunities to improve client satisfaction, work
performed, and services provided, as necessary.
Given SAFEbuilt’s comprehensive approach to contract
management and service delivery, the probability of risk is
low. As part of our QC&A process, we ensure that SAFEbuilt
standards are met. We involve the Town in the entire process
to maintain transparency.
Staff receives training regularly to stay up-to-date on current
codes, ordinances, amendments, and regulations. We also
mitigate risks through our ability to direct additional resources
from our corporate operations or regional operations for
immediate staffing needs.
To further mitigate risk, we follow an iterative process comprised
of planning implementation and progress monitoring. The steps
are shown in Figure 3.
Our plan for program success is to eliminate or reduce the
risks identified. This goal may be achieved by adjustments in
technical steps and schedule. If necessary, the next step is
minimizing the likelihood and impact of risk. It is unlikely for
risk to reach this level. Yet, we are prepared to implement
additional mitigation strategies, such as switching out staff,
reviewing best practices, and adjusting schedules.
Figure 3. SAFEbuilt’s risk mitigation process
is used throughout the contract for early
identification and mitigation of risks.
PLAN ASSESSIMPACT
IDENTIFY
ANALYZE
low
r
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s
k
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high
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,
man
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,
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d
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risk events & relationships
are defined
risks ranked from “most”
to “least” critical
prob
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s
&
c
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s
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q
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of ris
k
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s
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s
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d
17
Fountain Hills, AZ | RFP-2022-022 | Building Inspection Services
MAKING A DIFFERENCE WHERE YOU NEED US
Scheduling and Staff
SAFEbuilt will meet with the Town before the contract starts to establish a customized inspection notification
process. SAFEbuilt offers next-day inspections for any request received by 4:00 PM on the previous
business day. We offer weekend and after-hours inspections on a scheduled basis for an additional fee. We will,
of course, make ourselves available to respond to inspections related to emergencies.
Once assigned to a project, our team members remain dedicated to that project until completion. We will provide
the Town with a call list with each team member’s mobile phone numbers and email addresses at contract start.
Further, we commit to being available for any required in-person meetings the Town deems necessary.
What the Town Can Expect from their SAFEbuilt Team
Our staff’s quality and training, combined with our proven business practices and a core commitment to customer
satisfaction, ensure each client receives the highest levels of contract performance, professionalism, and
responsiveness in the industry.
All SAFEbuilt Building Inspectors will:
• Wear/display proper identification.
• Possess/maintain required certifications and are experienced in performing compliant inspections, plan
reviews, and permitting.
• Be knowledgeable of the principles of design, local zoning, and topographical site plans.
• Remain proficient and knowledgeable of federal, state, and local laws, rules, regulations, directives, codes,
and ordinances applicable to their work.
• Offer exemplary customer service while performing their duties and interacting with Town personnel,
construction firms, and the public.
• Attend meetings as required by the Town.
• Always exhibit professional and courteous conduct and an appropriate appearance during interactions—
both on and off the job site.
• Meet all job safety requirements and OSHA safety standards.
• Be available to support the Town every Monday through Friday during regular business hours, except for
Town-recognized holidays. We will delegate members of the SAFEbuilt team to respond to emergency
support situations.
Building Inspectors for all trades and disciplines spend most of their workday in the field, working with Town staff,
contractors, builders, owners, and the general public. As such, they must be helpful, patient, and above all, very
knowledgeable of the relevant codes and ordinances. SAFEbuilt’s Building Inspectors are trained to take an
educational approach to their duties when working with our clients and their customers. The following highlights
some of the duties and expectations for our Building Inspectors:
• Reviewing all plans submitted before each inspection.
• Adhering to scheduled inspection times.
• Verifying approved plans are onsite and verifying construction has not deviated from approved plans.
• Verifying on-site conditions are consistent with the appropriate records for square footage, setbacks,
heights, and other requirements that may be applicable.
• Performing field inspections in accordance with the Town’s adopted ordinances, codes, and standards.
18
Fountain Hills, AZ | RFP-2022-022 | Building Inspection Services
MAKING A DIFFERENCE WHERE YOU NEED US
• Using inspection checklists and codebooks during inspections.
• Providing all required inspections and recording the results for those inspections.
• Identifying code violations per the national and state building codes and local ordinances and amendments.
• Working with contractors to facilitate appropriate remedies for code violations.
Alternative Approaches
We appreciate and take this opportunity to introduce you to an alternative approach to inspection service delivery
and to let you know about a cost-savings opportunity for the Town.
Remote Virtual Inspections
SAFEbuilt offers remote virtual inspections (RVI) for your community’s
convenience and safety. Completing inspections remotely saves time and
money. Rather than waiting for an inspector to arrive from another job, they
can be there in moments to efficiently walk residents and contractors through
the inspection. RVI’s also help reduce the number of people on a job site,
supporting social distancing and public health. Our teams currently use RVIs
in communities in Colorado, Georgia, and Michigan.
Our Operations team, in partnership with I.T., selected Blitzz Remote Visual Assistance Software as our virtual
tool to complete these inspections. This allows us to easily connect with residents and contractors without
downloading an app or logging in. Inspectors can control recording and taking photos to complete inspections
like water heaters quickly, electrical reconnects and service upgrades, and residential re-inspections.
We recommend RVIs to our on-call clients to help them maximize their SAFEbuilt-provided inspection team,
as they typically take less time than on-site inspections, and there is no travel time between jobs involved. We
welcome an opportunity to discuss implementing this capability for the Town.
Plan Review Services
While reviewing the requirements of the RFP, we were surprised that plan review services were not part of the
Scope of Work. As the Town is well-aware, SAFEbuilt currently supports the Town with plan review services
under a separate contract that expires at the end of this year. If the Town would consider combining building
inspections and plan reviews into a single contract, we can offer a discount on our fees.
Fountain Hills, AZ
July 7, 2022 | 5:00 pm
SAFEbuilt Arizona, LLC
RFP-2022-022
Building Inspection Services
PORTAL SUBMITTAL
Shani Canillas
Account Manager
970.294.6801
scanillas@safebuilt.com
Eric Pendley
Regional Director of Operations
970.977.6270
ependley@safebuilt.com
Tab 5
Pricing
20
Fountain Hills, AZ | RFP-2022-022 | Building Inspection Services
MAKING A DIFFERENCE WHERE YOU NEED US
Pricing
SAFEbuilt’s pricing is tailored to each contract. We work with our community partners to establish quality rates
for the services we provide. Prices are all-inclusive. All overhead materials and equipment—such as tablets,
codebooks, mobile phones, and professional attire—are included in the proposed fee.
Service Fee
Building Inspector (all trades)$95.00 per hour
EXHIBIT B
TO
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND
SAFEBUILT ARIZONA, LLC
[Quote or Work Order] See following pages.
COUNCIL: Town of Fountain Hills Contract
2023-033 SafeBuilt of Az
Interim Agreement Report 2022-09-19
Created:2022-08-15
By:Robert Durham (rdurham@fountainhillsaz.gov)
Status:Out for Approval
Transaction ID:CBJCHBCAABAAc-7QCent5_O6X-V7phuXFy6f6W1PlQpD
Agreement History
Agreement history is the list of the events that have impacted the status of the agreement prior to the final signature. A final audit report willbe generated when the agreement is complete.
"COUNCIL: Town of Fountain Hills Contract 2023-033 SafeBuilt
of Az" History
Document created by Robert Durham (rdurham@fountainhillsaz.gov)
2022-08-15 - 3:53:50 PM GMT- IP address: 184.178.192.162
Document emailed to Shani Canillas (scanillas@safebuilt.com) for signature
2022-08-15 - 3:54:21 PM GMT
Email viewed by Shani Canillas (scanillas@safebuilt.com)
2022-08-16 - 4:20:53 PM GMT- IP address: 174.231.64.114
Document e-signed by Shani Canillas (scanillas@safebuilt.com)
Signature Date: 2022-08-16 - 4:36:23 PM GMT - Time Source: server- IP address: 174.231.64.114
Document emailed to Robert Durham (rdurham@fountainhillsaz.gov) for approval
2022-08-16 - 4:36:26 PM GMT
Email viewed by Robert Durham (rdurham@fountainhillsaz.gov)
2022-08-16 - 4:36:46 PM GMT- IP address: 184.178.192.162
Email viewed by Robert Durham (rdurham@fountainhillsaz.gov)
2022-08-19 - 4:49:16 PM GMT- IP address: 184.178.192.162
Email viewed by Robert Durham (rdurham@fountainhillsaz.gov)
2022-08-22 - 4:39:25 PM GMT- IP address: 184.178.192.162
Email viewed by Robert Durham (rdurham@fountainhillsaz.gov)
2022-08-25 - 4:40:55 PM GMT- IP address: 184.178.192.162
Email viewed by Robert Durham (rdurham@fountainhillsaz.gov)
2022-08-28 - 6:01:39 PM GMT- IP address: 154.6.18.17
Email viewed by Robert Durham (rdurham@fountainhillsaz.gov)
2022-08-31 - 4:39:07 PM GMT- IP address: 184.178.192.162
Email viewed by Robert Durham (rdurham@fountainhillsaz.gov)
2022-09-03 - 4:39:44 PM GMT- IP address: 154.6.18.136
Email viewed by Robert Durham (rdurham@fountainhillsaz.gov)
2022-09-06 - 4:38:59 PM GMT- IP address: 184.178.192.162
Email viewed by Robert Durham (rdurham@fountainhillsaz.gov)
2022-09-09 - 4:52:32 PM GMT- IP address: 154.6.18.120
Email viewed by Robert Durham (rdurham@fountainhillsaz.gov)
2022-09-12 - 4:38:47 PM GMT- IP address: 184.178.192.162
Email viewed by Robert Durham (rdurham@fountainhillsaz.gov)
2022-09-15 - 4:42:45 PM GMT- IP address: 154.6.18.218
Email viewed by Robert Durham (rdurham@fountainhillsaz.gov)
2022-09-18 - 4:39:09 PM GMT- IP address: 154.6.18.214
ITEM 7. E.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 10/18/2022 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 2022-44, abandoning the 20' Public Utility and Drainage Easement along the
north side of 17012 E Jacklin Drive (Application A22-000010)
Staff Summary (Background)
This is a proposal to abandon the pre-incorporation 20' Public Utility and Drainage Easement along the
northern property line of Plat 401-A, Block 1, Lot 13A (17012 E Jacklin Drive). Jaime and Lynne
Henifin, the owners of the property, are planning future development 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 2022-44.
SUGGESTED MOTION
MOVE to adopt Resolution 2022-44.
Attachments
Vicinity Map
Aerial Photo Map
Exhibit A: Survey
Resolution 2022-44
Form Review
Inbox Reviewed By Date
Development Services Director John Wesley 10/04/2022 01:08 PM
Town Attorney Aaron D. Arnson 10/05/2022 02:15 PM
Town Manager Grady E. Miller 10/06/2022 09:37 AM
Form Started By: David Janover Started On: 09/21/2022 09:21 AM
Final Approval Date: 10/06/2022
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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
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OWN OF INC. 1989
TOWN HALL
DEVELOPMENT SERVICES DEPARTMENT
SCOTTSDALE
McDOWELL MOUNTAIN PARK
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SALT RIVER PIMA MARICOPA INDIAN COMMUNITY
TOWN BOUNDARY
SCOTTSDALE
17012 E
JACKLIN DR
A22-000010
DEVELOPMENT SERVICES
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SITE PLAN
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EXHIBIT "A"
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
LOT 13A
A22-000010
RESOLUTION 2022-44
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 20' PUBLIC UTILITY AND DRAINAGE EASEMENT ALONG THE NORTHERN
PROPERTY LINE OF PLAT 401-A, BLOCK 1, LOT 13A (17012 E JACKLIN DRIVE) FOUNTAIN
HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF
MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 400 OF MAPS, PAGE 49
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 NORTHERN
property line of Plat 401-A, Block 1, Lot 13A (17012 E Jacklin Drive) Fountain Hills, as recorded in the
Office of the County Recorder of Maricopa County, Arizona, Book 400 of Maps, Page 49, 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 October
18, 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 7. F.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 10/18/2022 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent 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 staff to seek and apply for grants from the Federal Emergency Management
Agency (FEMA).
Staff Summary (Background)
Staff continuously looks for opportunities to improve the Town Drainage systems with a focus on
preventing flooding to homes, businesses and our roadways. Due to recent weather changes, storm
events are becoming more frequent with increased intensity, often times resulting in erosion of our
washes and deposition of sediment onto our roadways.
Staff has reviewed the criteria for the 2022 Building Resilient Infrastructure and Communities Program
(BRIC), which is a grant program administered by the Federal Emergency Management Agency
(FEMA). One of the guiding principles of this grant program is to "support state and local
governments, tribes and territories through capability- and capacity-building to enable them to
identify mitigation actions and implement projects that reduce risks posed by natural hazards.
Town staff has identified a potential project that might be a good candidate for this grant program. In
the past, the McDowell Mountain Road crossing at Escalante Wash has experienced the deposition of
an approximate 3 foot layer of sediment that was washed out onto the roadway. This route is critical
for emergency vehicle access to and from the Rio Verde Community, and must remain passable at all
times. To prevent future such events, staff requests authorization to apply for grant funding through
the BRIC Program to address this low-flow crossing by constructing a culvert with adequate flow
capacity and raising the elevation of the road.
Related Ordinance, Policy or Guiding Principle
Public Works Mission Statement.
Risk Analysis
Failure to address these flooding issues could result in delayed response time for first responders.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval to seek and apply for grants.
SUGGESTED MOTION
MOVE to approve staff to seek and apply for grants from the Federal Emergency Management Agency
(FEMA).
Fiscal Impact
Fiscal Impact:N/A
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
Form Review
Inbox Reviewed By Date
Public Works Director (Originator)Justin Weldy 10/04/2022 05:17 PM
Finance Director David Pock 10/05/2022 02:16 PM
Town Attorney Aaron D. Arnson 10/05/2022 02:38 PM
Town Manager Grady E. Miller 10/06/2022 11:07 AM
Form Started By: Justin Weldy Started On: 10/04/2022 11:54 AM
Final Approval Date: 10/06/2022
ITEM 8. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 10/18/2022 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Administration
Prepared by: Linda Mendenhall, Town Clerk
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE
ACTION: To approve the recommendations for the appointment of members to the Town's Boards,
Commissions, and Committees.
Staff Summary (Background)
The Council Subcommittees for the Towns Boards, Commissions, and Committees conduct interviews
and make recommendations for membership based on the term expiration, vacancies from
resignations, or changes in membership eligibility status. Appointments are made each year in April
and October.
The October recruitment consists of vacancies on the Strategic Planning Advisory Commission, Board
of Adjustment, the Sister Cities Advisory Commission, the McDowell Mountain Preservation
Commission, the Community Services Advisory Commission, and creation of the Historical and Cultural
Advisory Commission.
Strategic Planning Commission
The vacancy on this commission is due to the resignation of John Clarke. The appointment to this
commission will be for a partial term.
Board of Adjustment
Two board members’ terms will expire at the end of October; both members have requested
reappointment.
Sister Cities Advisory Commission
Two board members’ terms will expire at the end of October; one member has requested
reappointment, and the other has elected to term out of their appointment.
McDowell Mountain Preservation Commission
One board member’s term will expire at the end of October; they have requested a reappointment.
Community Services Advisory Commission
The vacancy on this commission is for a youth member. The youth member has a one-year term.
Historical and Cultural Advisory Commission
The creation of this commission was approved at the June 6, 2022, Town Council meeting. The
creation of this committee calls for seven members. The terms for this commission are three-year
terms. However, for the initial appointments, those term limits will be staggered with three members
serving a three-year term, three members serving a two-year term, and one member serving a
one-year term. Term limits for each member appointed will be determined by lot at their first
meeting.
The Council Subcommittee for the Boards, Commissions, and Committees held a meeting on October
3, 2022, to conduct interviews of residents who applied for the vacancies on the Towns Boards,
Commissions, and Committees and made recommendations for appointment to those committees.
Related Ordinance, Policy or Guiding Principle
Chapter 2A of the Town Code.
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
Recommendations to the Mayor have been made by the Council Subcommittees A and B.
Staff Recommendation(s)
To approve the Council Subcommittee recommendations for appointments to the Boards,
Commissions, and Committees, as well as recommendations by staff for the remaining boards and
commissions, as follows:
Community Services Advisory Commission
Appoint _________________________ for a term from 11/1/2022 to 6/30/2022
Historical and Cultural Advisory Commission (new commission)
Appoint the following seven members, for a term to be decided by lot at the first meeting of the
commission.
__________, __________, __________, __________, __________, __________, and __________.
Make the following reappointments of citizens to the boards and commissions as follows:
Board of Adjustment
Reappoint __________________________for a full term (11/1/2022 to 10/31/2025)
Reappoint __________________________for a full term (11/1/2022 to 10/31/2025)
Sister Cities Advisory Commission
Reappoint _________________________ for a full term (11/1/2022 to 10/31/2022)
McDowell Mountain Preservation Commission
Reappoint _________________________for a full term (11/1/2022 to 10/31/2022)
Strategic Planning Advisory Commission
Appoint ___________________________ for a partial term (11/1/2022 to 4/30/2024)
To fill the vacancy at a future date for the following commission:
Sister Cities Advisory Commission
Appointment for a Full term (11/1/2022 to 10/31/2022)
SUGGESTED MOTION
MOVE to approve the Council Subcommittees recommendations for the appointment of members to
the Town's boards, commissions, and committees as presented:
Form Review
Inbox Reviewed By Date
Finance Director David Pock 10/06/2022 03:41 PM
Town Attorney Aaron D. Arnson 10/06/2022 08:15 PM
Town Manager Grady E. Miller 10/06/2022 09:05 PM
Form Started By: Linda Mendenhall Started On: 10/05/2022 12:29 PM
Final Approval Date: 10/06/2022
ITEM 8. B.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 10/18/2022 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Development Services
Prepared by: John Wesley, Development Services Director
Staff Contact Information: John Wesley, Development Services Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
DIRECTION: Possible amendments to Town Code Article 8-6, Vacation Rentals, to incorporate
additional regulations as allowed by changes to state statutes.
Staff Summary (background)
Legislative Background
In 2016, the Legislature enacted a strict short-term rental statute (A.R.S. 9-500.39) that preempted
cities and towns from regulating short-term rentals except in very narrow circumstances. The statute
has been modestly amended since then. Town Code Article 8-6, Vacation Rentals, currently provides
requirements for the registration of vacation rental homes and places some limits on allowed uses.
In the last legislative session, the Legislature approved SB 1168, which amended A.R.S. 9-500.39 to
return some authority to local governments. Specifically, SB 1168 allows local governments to create a
short-term rental registration database and/or a permitting process and expands regulatory authority
for local governments.
AZ League of Cities and Towns Model Ordinance
In response to SB 1168, the Arizona City Attorney Association, in coordination with the Arizona League
of Cities and Towns, formed a workgroup that produced two versions of a model ordinance (one for
registration only and another for registration and permitting) that incorporates the changes
authorized by the Legislature.
Recognizing the number of complaints the Town has received from residents over the years regarding
short-term rentals, staff is presenting the second version of the model ordinance, which establishes
both a registration database and a permitting process for short-term rentals within Fountain Hills.
Sections 1 - 10 and 12 - 16 of the attached proposed ordinance follow the model ordinance prepared
by the League. These sections cover the following topics:
Purpose1.
Definitions2.
Required permit3.
Emergency contact4.
Prohibited uses5.
Neighborhood notification6.
Advertising requirements7.
Posting on the property8.
Insurance9.
Background checks10.
--11.
Permit Suspension12.
Enhanced penalties13.
Appeals14.
Judicial Relief15.
Severability16.
Town of Paradise Valley Ordinance Provisions
Prior to passage of SB 1168, and prior to the creation of the League's model ordinance, the Town of
Paradise Valley amended its regulations to address short-term rentals. Many of the Paradise Valley
provisions survived a recent SB 1487 challenge and review by the Attorney General's Office, although
they go beyond what is explicitly allowed by A.R.S. 9-500.39.
Section 11 of the attached proposed ordinance includes those heightened standards adopted by
Paradise Valley that survived SB 1487 challenge and Attorney General review. Section 11, "Standards
and Operating Requirements; Health and Safety," includes standards regarding:
Timely response to complaints1.
Requirement that the owner explain the rules to occupants at check-in2.
Proper storage of trash and refuse3.
For rules to be placed next to entry doors for easy view of occupants4.
Provision of smoke and carbon monoxide detectors5.
Provision of fire extinguishers6.
Display of a fire safety and emergency evacuation map7.
Regular replacement of HVAC filters8.
A record of cleaning consistent with CDC guidelines9.
A record of regular pest control treatment10.
Industry's Proposed Revisions to Model Ordinance
After the drafting and publication of the League model ordinance, AirBnB suggested changes to the
model ordinance. The League and Town staff do not believe it is necessary to amend the model
ordinance to include the industry's requests. The Industry's proposed revisions are attached with
highlights and strike throughs, for the Council's reference.
Related Ordinance, Policy or Guiding Principle
Article 8-6, Vacation Rentals
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff has provided the Council with a draft ordinance for discussion purposes only. Although no
recommendations are being made at this time, staff will share their opinions on the potential upsides
and drawbacks of adopting certain sections of the proposed ordinance. Following Council discussion
and direction, staff will prepare an ordinance to bring back for action at a later date.
SUGGESTED MOTION
No action is to be taken at this time.
Attachments
Draft Ordinance - Short Term Rentals
Form Review
Inbox Reviewed By Date
Development Services Director (Originator)John Wesley 10/06/2022 09:46 AM
Town Attorney Aaron D. Arnson 10/06/2022 08:15 PM
Town Manager Grady E. Miller 10/06/2022 09:38 PM
Form Started By: John Wesley Started On: 10/06/2022 08:55 AM
Final Approval Date: 10/06/2022
ITEM 8. C.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 10/18/2022 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Community Services
Prepared by: Rachael Goodwin, Community Services Director
Request to Town Council Regular Meeting (Agenda Language): DISCUSSION AND POSSIBLE
DIRECTION: Approving in concept the control room building for the Sanitary District ASR Well #1
Building Addition at Fountain Park.
Staff Summary (Background)
The Fountain HIlls Sanitary District (FHSD) has three (3) Aquifer Storage and Recovery (ASR) wells
constructed within the boundaries of Fountain Park. The well control equipment is housed in three
separate, buried metal vaults on top of each well location. Due to the age of the vaults and
surrounding soil conditions, the vaults grew severely corroded, creating hazardous working conditions
for District staff. To improve safety and meet the growing needs of the Sanitary District, two ASR well
projects were conducted in 2018 and 2019 to construct above-ground facilities. In conjunction with
the ASR well upgrades, two new restroom locations were added to Fountain Park to create a win-win
for the community and camouflage the necessary building sites.
Currently, the remaining ASR well site (site #1) is the last location to be addressed. Due to its
placement within the Great Lawn, this site presents a unique set of challenges as it is located within
the popular event space that hosts many community celebrations. Over the last year, Town staff and
FHSD staff have evaluated multiple concepts that address the needs of the district while not impeding
the use of the Great Lawn and minimizing other impacts. Through this effort, all parties agreed that a
control room building and shaded overlook concept was the best solution. Located adjacent to
Saguaro Blvd, the building would have a limited footprint and be oriented as to not impede the view
of the fountain. The building would function solely for FHSD purposes and not include a restroom, but
have several public amenities such as a water fountain. In order to offer a contribution to the park and
its many users, a shaded seating area will be added, allowing walkers a place for respite and a
picturesque view of the park. Below is an outline of the benefits and considerations discussed
between Town and FHSD.
Benefit both the District and Fountain Park Users:
1. Provides the needed above-ground control room for a critical component of the RW management
system
2. Allows access without crossing pedestrian traffic
3. A bit of shade and rest spot along the western walking path
4. Drinking fountain
5. Designated view spot
District Goals:
1. Move the below-ground well up to an at-grade, walled, and roof structure.
2. Improve District access to the well control equipment.
3. Eliminate the District having to drive on the grass or shut-down public walkways to do its required
maintenance.
4. District will work with Town Staff, FHCCA, and Public Arts Committee to relocate the Presidential
Statues
Park Considerations:
1. Disc golf course.
2. The number and type of events in the "Great Lawn" area.
3. Existing irrigation system.
4. The well control building is needed within 50-100 feet of the current well location.
5. Flood channels and flooding potential.
6. Maintain walking paths in the impacted areas.
One additional concern raised was the impact on the presidential statue area in the project vicinity.
This art collection features six presidential bronze statues as well as the Bill of Rights which will all
need to be removed, stored, and relocated as part of this effort. FHSD staff have taken this into
consideration and have worked with the Public Art Committee to develop a mutually agreeable layout
that suits the needs of both groups.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
Public Art Committee (PAC) statement for approval of the Sanitary District Project:
The Presidential relocation Project presentation was made to the Public Art Committee on September
6, 2022, by Dana Trompke, Fountain Hills Sanitary District Manager, concerning the relocation of the
sculptures located on the West side of Fountain Park, fondly referred to as Fount Rushmore. The new
location of the sculptures along with the proposed shade structure was unanimously approved. If
requested by the district or the town, the PAC members will be happy to assist with any final
positioning of the sculptures.
Staff Recommendation(s)
Staff recommends approval of Sanitary District ASR Well #1 New Location at Fountain Park.
SUGGESTED MOTION
MOVE to approve Sanitary District ASR Well #1 Location at Fountain Park and direct the Town
Manager to execute all applicable contracts and agreements.
Attachments
Fountain Hills Sanitary District - Well Control Building
Form Review
Inbox Reviewed By Date
Community Services Director Rachael Goodwin 10/05/2022 03:03 PM
Finance Director David Pock 10/05/2022 03:10 PM
Town Attorney Aaron D. Arnson 10/05/2022 03:33 PM
Town Manager Grady E. Miller 10/06/2022 09:36 AM
Form Started By: Patti Lopuszanski Started On: 10/04/2022 10:03 AM
Final Approval Date: 10/06/2022
Presented to Town Council
October 18, 2022
Well Control Building
in Fountain Park
Fountain Hills produces:
•2,000,000-gals Wastewater per day
•710,000,000-gals Wastewater per year
100% wastewater is collected, treated
and converted to recycled water
With NO discharges
Recycled Water Use:
15% -Internal Uses
70% -Golf Courses
15% -Town Parks
Recycle Water Supply and Demand Do Not Align
-
20
40
60
80
100
120
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Mi
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l
i
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G
a
l
l
o
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s
RW Demand
RW Supply
Excess Water in Winter is Stored in
underground wells for use in Summer
In 2000, Three wells were constructed in
underground vaults around Fountain Lake
In 2019, Above Ground Control Rooms
Were Built for Two of the Wells and
Included Public Restrooms
Well #1 –
Below Ground Vault
Electrical Service
The Third Well in Park Needs an Above
Ground Control Room
District will work with Town Staff, FHCCA ,
and Public Arts Committee to relocate
the Presidential Statues
The Goal of the Project is to benefit both the District and Park Users
•Provides the needed above-ground control room for a
critical component of RW management system
•Allows access without crossing pedestrian traffic
•A bit of needed shade and rest spot along the western
walking path
•Drinking fountain
•Designated view spot
•Better arrangement of the presential statues
ITEM 8. D.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 10/18/2022 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Community Services
Prepared by: Rachael Goodwin, Community Services Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE
ACTION: Approval of Contract Amendment 2022-057.1 to Artistic Land Management Landscaping, Inc.
Staff Summary (Background)
Staff seeks approval of Amendment No. 1 to Contract No. 2022-057 with Artistic Land Management,
Inc. in the amount of $50,000 to address supplemental town-wide landscaping services. Preventative
landscape removal, installation, chemical applications, and storm clean-up efforts necessitate
additional funding over the standard contracted maintenance agreement.
The Town shall pay Artistic Land Management an aggregate amount resulting in an increase of
$50,000 for the Fiscal Year 2023 term, amounting to $592,233. For Fiscal Year 2024 and after the
amount will revert to $542,233 per term. All remaining terms and conditions of the Agreement shall
remain in full force and effect.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
Preventative landscape efforts, storm clean-up and other as-needed projects must be addressed in
order to safely maintain our parks, open spaces, and rights of way.
Recommendation(s) by Board(s) or Commission(s)
None
Staff Recommendation(s)
Staff recommends the approval of Artistic Land Management Landscaping Inc. Contract Amendment
2022-057.1
SUGGESTED MOTION
MOVE to approve Artistic Land Management Landscaping Inc. Contract Amendment 2022-057.1.
Attachments
Artistic Land Management Amendment 2022-057.1
Form Review
Inbox Reviewed By Date
Community Services Director Rachael Goodwin 10/05/2022 02:55 PM
Finance Director David Pock 10/05/2022 03:16 PM
Town Attorney Aaron D. Arnson 10/05/2022 03:31 PM
Town Manager Grady E. Miller 10/06/2022 09:40 AM
Form Started By: Patti Lopuszanski Started On: 09/14/2022 08:57 AM
Final Approval Date: 10/06/2022
1
Contract No. 2022-057.1
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS
AND ARTISTIC LAND MANAGEMENT, 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 Artistic Land Management, Inc., a(n) Arizona corporation (the “Consultant”). RECITALS
A. The Town and the Consultant entered into a Professional Services Agreement (the “Agreement”), dated February 3, 2022, for the Consultant to provide landscaping 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 to add funds to the Agreement for additional Services for Fiscal Year 2023. C. The Town and the Consultant desire to enter this First Amendment to amend the
Agreement 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, including all
renewals), not to exceed $2,761,165 for the Services, resulting in an increase of $50,000 for the
Fiscal Year 2023 term amount to $592,233. For Fiscal Year 2024 and after the amount will revert to $542,233 per term. 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.
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.
2
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 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]
ITEM 8. E.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 10/18/2022 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 Cooperative Purchasing Agreement 2023-046 with National Auto Fleet Group.
Staff Summary (Background)
Due to meeting the criteria for replacement under the Council-adopted Vehicle Replacement Program
Policy, two light duty vehicles for Public Works are recommended to be purchased. The purpose of
the Vehicle Replacement Program Policy is to provide an authoritative decision-making process for the
evaluation, selection, and multi-year scheduling of vehicle replacements based on a projection of
available fiscal resources and the vehicle’s age, mileage, engine hours and repair costs. The objectives
of the program are to:
• Ensure the timely purchase, repair and replacement of the town’s vehicles;
• Serve as a link in the town’s planning between the town’s operating and capital budgets;
• Maintain control over the town’s long-term cash flow in relation to the Town's financial capacity;
and
• Ensure efficient, effective and coordinated vehicle acquisition and replacement.
Per the Vehicle Replacement Program Policy, the guidelines below will be utilized:
• Sports Utility Vehicle (SUV): 10 years or 100,000 miles
• Sedans: 10 years or 100,000 miles
• Light Duty Truck: 10 years or 100,000 miles
One of the vehicles is a replacement for the Town’s Civil Engineering Inspector. The current vehicle
was purchased in 2013. The second vehicle is an initial purchase of a light-duty truck for the Street
Superintendent. This purchase was included in the current year's budget as an approved budget
supplement. The combined replacement cost for two light duty vehicles is $75,280. Proceeds from
the sale of the current vehicles at an auction will be deposited into the Vehicle Replacement Fund.
Related Ordinance, Policy or Guiding Principle
Adopted Town of Fountain Hills Vehicle Replacement Program Policy.
Risk Analysis
The primary risk of delaying the vehicle replacement is excessive wear, possible vehicle breakdown,
and higher maintenance costs.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Approval of Cooperative Purchasing Agreement 2023-046, between the Town of Fountain Hills and
National Auto Fleet Group for the purchase of two vehicles.
SUGGESTED MOTION
MOVE to approve Cooperative Purchasing Agreement 2023-046, between the Town of Fountain Hills
and National Auto Fleet Group, in the amount of $75,280, for the purchase of two vehicles.
Fiscal Impact
Fiscal Impact:75,280
Budget Reference:Streets/Veh Repl
Funding Source:Multiple
If Multiple Funds utilized, list here:200 & 810
Budgeted: if No, attach Budget Adjustment Form:N/A
Attachments
Cooperative Purchasing Agreement
Scope and Fee
Scope and Fee
Form Review
Inbox Reviewed By Date
Public Works Director (Originator)Justin Weldy 10/04/2022 05:17 PM
Finance Director David Pock 10/05/2022 02:29 PM
Town Attorney Aaron D. Arnson 10/05/2022 02:39 PM
Town Manager Grady E. Miller 10/06/2022 11:37 AM
Form Started By: Justin Weldy Started On: 09/22/2022 04:41 PM
Final Approval Date: 10/06/2022
1
Contract No. 2023-046
COOPERATIVE PURCHASING AGREEMENT BETWEEN
THE TOWN OF FOUNTAIN HILLS AND 72 HOUR LLC D/B/A NATIONAL AUTO FLEET GROUP
THIS COOPERATIVE PURCHASING AGREEMENT (this “Agreement”) is entered into upon execution, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”), and 72 Hour LLC d/b/a National Auto Fleet Group, a(n) California limited liability company (the “Contractor”).
RECITALS
A. After a competitive procurement process, the Sourcewell, a State of Minnesota local government unit and service cooperative (the “Sourcewell”) entered into Contract RFP #091521, dated November 4, 2021 (the “Sourcewell Contract”), for the Contractor to provide Automobiles,
SUVs, and Light Trucks with Related Equipment and Accessories. A copy of the Sourcewell
Contract is attached hereto as Exhibit A and 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 Sourcewell Contract, at its discretion and with the agreement of the awarded
Contractor, and the Sourcewell 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 State Contract and this
Agreement, (ii) establishing the terms and conditions by which the Contractor may provide Automobiles, SUVs, and Light Trucks with Related Equipment and Accessories. (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 June 30, 2023 (the “Initial Term”), unless
terminated as otherwise provided in this Agreement or the Sourcewell Contract. After the expiration of the Initial Term, this Agreement may be renewed for up to four successive one-year terms (the
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“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 Sourcewell 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 one-year term and (iv) the Town approves the additional one-year term in writing (including any price adjustments approved as part of the Sourcewell 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. Contractor shall provide to the Town the Services under the terms and conditions of the Sourcewell Contract, Exhibit A, and according to the specifications set forth in the Contractor’s Proposal attached hereto as Exhibit B and incorporated herein by reference.
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 State 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: (i) waive the non-conformance; (ii) stop the work immediately; or (iii) bring 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 any work order within a reasonable 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 the Town notice of cancellation, or for lost profits, shipment of product prior to issuance of a work order or for anything not expressly permitted pursuant to this Agreement.
3. Compensation. The Town shall pay Contractor an amount not to exceed $75,280
(including all renewals) for the Materials and Services at the rates set forth in the State Contract and as more particularly set forth in Exhibit B. 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 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 reference to this Agreement and the Sourcewell 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 Sourcewell Contract will be subject to
3
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 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
4
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, the Sourcewell Contract, the Proposal, 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 Sourcewell 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 Sourcewell 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 Sourcewell Contract, the Town shall be afforded all of the rights and privileges afforded to the Sourcewell and shall be the “Sourcewell” (as defined in the Sourcewell Contract) for the purposes of the portions of the Sourcewell 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 the State to the extent provided under the Sourcewell 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 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
5
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 E. 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: National Auto Fleet Group 490 Auto Center Drive Watsonville, Ca. 95076
Attn: Neil Carroll
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
72 HOUR LLC
D/B/A NATIONAL AUTO FLEET GROUP [Sourcewell Contract]
See following pages.
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Solicitation Number: RFP #091521
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN
56479 (Sourcewell) and 72 Hour LLC dba: National Auto Fleet Group, 490 Auto Center Drive,
Watsonville, CA 95076 (Supplier).
Sourcewell is a State of Minnesota local government unit and service cooperative created
under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers
cooperative procurement solutions to government entities. Participation is open to eligible
federal, state/province, and municipal governmental entities, higher education, K-12 education,
nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Automobiles, SUVs, Vans, and Light Trucks with
Related Equipment and Accessories from which Supplier was awarded a contract.
Supplier desires to contract with Sourcewell to provide equipment, products, or services to
Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts
(Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires November 8, 2025, unless it is
cancelled sooner pursuant to Article 22. This Contract may be extended one additional year
upon the request of Sourcewell and written agreement by Supplier.
C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all
payment obligations incurred prior to expiration or termination will survive, as will the
following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All
rights will cease upon expiration or termination of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or
Services as stated in its Proposal submitted under the Solicitation Number listed above.
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Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated
into this Contract.
All Equipment and Products provided under this Contract must be new and the current model.
Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated
in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance,
Equipment or Products must be delivered as operational to the Participating Entity’s site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated,
sales and sales volume are not guaranteed.
B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free
from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will
perform in accordance with the ordinary use for which they are intended. Supplier’s dealers
and distributors must agree to assist the Participating Entity in reaching a resolution in any
dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends
beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout
the Contract term, Supplier must provide to Sourcewell a current means to validate or
authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment,
Products, and Services offered under this Contract, which will be incorporated into this
Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most
current information.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price
stated in Supplier’s Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a
Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered
Equipment, Products, and Services that are operational for their intended purpose, and
includes all costs to the Participating Entity’s requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated
with any purchase option of the Equipment, Products, or Services must always be disclosed in
the pricing quote to the applicable Participating Entity at the time of purchase.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly
packaged. Damaged Equipment and Products may be rejected. If the damage is not readily
apparent at the time of delivery, Supplier must permit the Equipment and Products to be
091521-NAF
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returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable
time after delivery where circumstances or conditions prevent effective inspection of the
Equipment and Products at the time of delivery. In the event of the delivery of nonconforming
Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and
the Supplier will replace nonconforming Equipment and Products with conforming Equipment
and Products that are acceptable to the Participating Entity.
Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive
in a defective or inoperable condition.
Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally
delivers substandard or inferior Equipment or Products.
B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax-
exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax-
exempt entity.
C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection
of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to
Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed
from the Hot List at any time through a Sourcewell Price and Product Change Form as defined
in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and
discontinued Equipment and Products as long as those close-out and discontinued items are
clearly identified as such. Current ordering process and administrative fees apply. Hot List
Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any
time. All requests must be made in writing by submitting a signed Sourcewell Price and Product
Change Request Form to the assigned Sourcewell Supplier Development Administrator. This
approved form is available from the assigned Sourcewell Supplier Development Administrator.
At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change;
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x Individually list all Equipment, Products, or Services affected by the requested change,
along with the requested change (e.g., addition, deletion, price change); and
x Include a complete restatement of pricing documentation in Microsoft Excel with the
effective date of the modified pricing, or product addition or deletion. The new pricing
restatement must include all Equipment, Products, and Services offered, even for those
items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Change Request Form will become an
amendment to this Contract and will be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and
nonprofit entities across the United States and Canada; such as federal, state/province,
municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally
access the Equipment, Products, or Services under this Contract. A Participating Entity’s
authority to access this Contract is determined through its cooperative purchasing, interlocal,
or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service
Member of Sourcewell during such time of access. Supplier understands that a Participating
Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating
Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use
eligibility requirements and documentation and will encourage potential participating entities
to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its
roster during the term of this Contract.
B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government-
owned facilities, including schools. Supplier’s employees and agents must conduct themselves
in a professional manner while on the premises, and in accordance with Participating Entity
policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under
this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this
Contract; however, order flow and procedure will be developed jointly between Sourcewell and
Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized
subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it
may use its own forms, but the purchase order should clearly note the applicable Sourcewell
091521-NAF
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contract number. All Participating Entity orders under this Contract must be issued prior to
expiration or cancellation of this Contract; however, Supplier performance, Participating Entity
payment obligations, and any applicable warranty periods or other Supplier or Participating
Entity obligations may extend beyond the term of this Contract.
Supplier’s acceptable forms of payment are included in its attached Proposal. Participating
Entities will be solely responsible for payment and Sourcewell will have no liability for any
unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and
conditions to a purchase order, or other required transaction documentation, may be
negotiated between a Participating Entity and Supplier, such as job or industry-specific
requirements, legal requirements (e.g., affirmative action or immigration status requirements),
or specific local policy requirements. Some Participating Entities may require the use of a
Participating Addendum; the terms of which will be negotiated directly between the
Participating Entity and the Supplier. Any negotiated additional terms and conditions must
never be less favorable to the Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires
service or specialized performance requirements not addressed in this Contract (such as e-
commerce specifications, specialized delivery requirements, or other specifications and
requirements), the Participating Entity and the Supplier may enter into a separate, standalone
agreement, apart from this Contract. Sourcewell, including its agents and employees, will not
be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or
in part, immediately upon notice to Supplier in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body
at levels sufficient to pay for the equipment, products, or services to be purchased; or
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the
Participating Entity’s requirements.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a
Participating Entity’s order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to
Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is
changed. The Account Representative will be responsible for:
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x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and
x Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with
Sourcewell per contract year. The business review will cover sales to Participating Entities,
pricing and contract terms, administrative fees, sales data reports, supply issues, customer
issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a
contract sales activity report (Report) to the Sourcewell Supplier Development Administrator
assigned to this Contract. Reports are due no later than 45 days after the end of each calendar
quarter. A Report must be provided regardless of the number or amount of sales during that
quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were
made).
The Report must contain the following fields:
x Participating Entity Name (e.g., City of Staples Highway Department);
x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number;
x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell,
the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and
Services provided to Participating Entities. The Administrative Fee must be included in, and not
added to, the pricing. Supplier may not charge Participating Entities more than the contracted
price to offset the Administrative Fee.
The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated
in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased
091521-NAF
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by Participating Entities under this Contract during each calendar quarter. Payments should
note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be
mailed to the address above “Attn: Accounts Receivable” or remitted electronically to
Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments
must be received no later than 45 calendar days after the end of each calendar quarter.
Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to
ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell
reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in
any subsequent solicitation. In the event this Contract is cancelled by either party prior to the
Contract’s expiration date, the administrative fee payment will be due no more than 30 days
from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If
Supplier’s Authorized Representative changes at any time during this Contract, Supplier must
promptly notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE
A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records,
documents, and accounting procedures and practices relevant to this Agreement are subject to
examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the
end of this Contract. This clause extends to Participating Entities as it relates to business
conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under
this Contract without the prior written consent of the other party and a fully executed
assignment agreement. Such consent will not be unreasonably withheld. Any prohibited
assignment will be invalid.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective
until it has been duly executed by the parties.
D. WAIVER. Failure by either party to take action or assert any right under this Contract will
not be deemed a waiver of such right in the event of the continuation or repetition of the
circumstances giving rise to such right. Any such waiver must be in writing and signed by the
parties.
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E. CONTRACT COMPLETE. This Contract represents the complete agreement between the
parties. No other understanding regarding this Contract, whether written or oral, may be used
to bind either party.For any conflict between the attached Proposal and the terms set out in
Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent
contractors, each free to exercise judgment and discretion with regard to the conduct of their
respective businesses. This Contract does not create a partnership, joint venture, or any other
relationship such as master-servant, or principal-agent.
11. INDEMNITY AND HOLD HARMLESS
Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities,
including their agents and employees, harmless from any claims or causes of action, including
attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or
omission in the performance of this Contract by the Supplier or its agents or employees; this
indemnification includes injury or death to person(s) or property alleged to have been caused
by some defect in the Equipment, Products, or Services under this Contract to the extent the
Equipment, Product, or Service has been used according to its specifications. Sourcewell’s
responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota
Statutes Chapter 466) and other applicable law.
12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act,
Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell
under this Contract and as it applies to all data created, collected, received, stored, used,
maintained, or disseminated by the Supplier under this Contract.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT
A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and
license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and
promotional materials for the purpose of marketing Sourcewell’s relationship with
Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and
license to use Supplier’s trademarks in advertising and promotional materials for the
purpose of marketing Supplier’s relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right
of each party to grant sublicenses to their respective subsidiaries, distributors, dealers,
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resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in
advertising and promotional materials for the purpose of marketing the Parties’ relationship
to Participating Entities. Any sublicense granted will be subject to the terms and conditions
of this Article. Each party will be responsible for any breach of this Article by any of their
respective sublicensees.
3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided
and must comply with removal requests as to specific uses of its trademarks or
logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the
other party’s trademarks only in good faith and in a dignified manner consistent with
such party’s use of the trademarks. Upon written notice to the breaching party, the
breaching party has 30 days of the date of the written notice to cure the breach or
the license will be terminated.
4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its
Participating Entities against any and all suits, claims, judgments, and costs instituted or
recovered against Sourcewell or Participating Entities by any person on account of the use
of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier
in violation of applicable patent or copyright laws.
5. Termination. Upon the termination of this Contract for any reason, each party, including
Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites,
and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed
catalog of suppliers which may be used until the next printing). Supplier must return all
marketing and promotional materials, including signage, provided by Sourcewell, or dispose
of it according to Sourcewell’s written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released
without prior written approval from the Authorized Representatives. Publicity includes notices,
informational pamphlets, press releases, research, reports, signs, and similar public notices
prepared by or for the Supplier individually or jointly with others, or any subcontractors, with
respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be
approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development
Administrator assigned to this Contract.
D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment,
Products, or Services.
091521-NAF
Rev. 3/2021 10
14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue
for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate
state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.
15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God
or other conditions that are beyond that party’s reasonable control. A party defaulting under
this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal,
unenforceable, or void then both parties will be relieved from all obligations arising from that
provision. If the remainder of this Contract is capable of being performed, it will not be affected
by such determination or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and
address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and
work in good faith to resolve such dispute within a reasonable period of time. If necessary,
Sourcewell and the Supplier will jointly develop a short briefing document that describes
the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified
above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher
level of management. The Supplier will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the
Supplier must continue without delay to carry out all of its responsibilities under the
Contract that are not affected by the dispute. If the Supplier fails to continue without delay
to perform its responsibilities under the Contract, in the accomplishment of all undisputed
work, the Supplier will bear any additional costs incurred by Sourcewell and/or its
Participating Entities as a result of such failure to proceed.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract,
or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
091521-NAF
Rev. 3/2021 11
The party claiming default must provide written notice of the default, with 30 calendar days to
cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated
or other damages. If the default remains after the opportunity for cure, the non-defaulting
party may:
x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the
Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect
at all times during the performance of this Contract with insurance company(ies) licensed or
authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better,
with coverage and limits of insurance not less than the following:
1. Workers’ Compensation and Employer’s Liability.
Workers’ Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Supplier will maintain insurance covering its
operations, with coverage on an occurrence basis, and must be subject to terms no less
broad than the Insurance Services Office (“ISO”) Commercial General Liability Form
CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include
liability arising from premises, operations, bodily injury and property damage,
independent contractors, products-completed operations including construction defect,
contractual liability, blanket contractual liability, and personal injury and advertising
injury. All required limits, terms and conditions of coverage must be maintained during
the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage
$1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract,
Supplier will maintain insurance covering all owned, hired, and non-owned automobiles
in limits of liability not less than indicated below. The coverage must be subject to terms
091521-NAF
Rev. 3/2021 12
no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer),
or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
4. Umbrella Insurance. During the term of this Contract, Supplier will maintain
umbrella coverage over Employer’s Liability, Commercial General Liability, and
Commercial Automobile.
Minimum Limits:
$2,000,000
5. Network Security and Privacy Liability Insurance. During the term of this Contract,
Supplier will maintain coverage for network security and privacy liability. The coverage
may be endorsed on another form of liability coverage or written on a standalone
policy. The insurance must cover claims which may arise from failure of Supplier’s
security resulting in, but not limited to, computer attacks, unauthorized access,
disclosure of not public data – including but not limited to, confidential or private
information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling
Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must
furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this
Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to
Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the
Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must
be signed by a person authorized by the insurer(s) to bind coverage on their behalf.
Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide
certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in
this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY
INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including
their officers, agents, and employees, as an additional insured under the Supplier’s commercial
general liability insurance policy with respect to liability arising out of activities, “operations,” or
“work” performed by or on behalf of Supplier, and products and completed operations of
Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is
091521-NAF
Rev. 3/2021 13
primary and not excess over or contributory with any other valid, applicable, and collectible
insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or
otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional
insureds for losses paid under the insurance policies required by this Contract or other
insurance applicable to the Supplier or its subcontractors. The waiver must apply to all
deductibles and/or self-insured retentions applicable to the required or any other insurance
maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must
require similar written express waivers of subrogation and insurance clauses from each of its
subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this
Contract can be met by either providing a primary policy or in combination with
umbrella/excess liability policy(ies), or self-insured retention.
19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this
Contract must comply fully with applicable federal laws and regulations, and with the laws in
the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Supplier must maintain a valid and current status on all required federal,
state/provincial, and local licenses, bonds, and permits required for the operation of the
business that the Supplier conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in
writing certain information to Sourcewell related to bankruptcy actions. If at any time during
this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in
writing.
Supplier certifies and warrants that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs
operated by the State of Minnesota; the United States federal government or the Canadian
government, as applicable; or any Participating Entity. Supplier certifies and warrants that
neither it nor its principals have been convicted of a criminal offense related to the subject
matter of this Contract. Supplier further warrants that it will provide immediate written notice
to Sourcewell if this certification changes at any time.
091521-NAF
Rev. 3/2021 14
21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or
services from this Contract may be subject to additional requirements including the
procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit
Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional
requirements based on specific funding source terms or conditions. Within this Article, all
references to “federal” should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Supplier’s Equipment,
Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all
contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in
accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319,
12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending
Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing
regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated
herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal
program legislation, all prime construction contracts in excess of $2,000 awarded by non-
federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. §
3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5,
“Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction”). In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to pay
wages not less than once a week. The non-federal entity must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the
wage determination. The non-federal entity must report all suspected or reported violations to
the federal awarding agency. The contracts must also include a provision for compliance with
the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor
regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that
each contractor or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The non-federal entity must report
all suspected or reported violations to the federal awarding agency. Supplier must be in
compliance with all applicable Davis-Bacon Act provisions.
091521-NAF
Rev. 3/2021 15
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where
applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve
the employment of mechanics or laborers must include a provision for compliance with 40
U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of
every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess
of the standard work week is permissible provided that the worker is compensated at a rate of
not less than one and a half times the basic rate of pay for all hours worked in excess of 40
hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These requirements
do not apply to the purchases of supplies or materials or articles ordinarily available on the
open market, or contracts for transportation or transmission of intelligence. This provision is
hereby incorporated by reference into this Contract. Supplier certifies that during the term of
an award for all contracts by Sourcewell resulting from this procurement process, Supplier must
comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award
meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that “funding agreement,” the recipient or subrecipient
must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements,” and any implementing regulations issued by the awarding agency. Supplier
certifies that during the term of an award for all contracts by Sourcewell resulting from this
procurement process, Supplier must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL
ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require
the non-federal award to agree to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
Supplier certifies that during the term of this Contract will comply with applicable requirements
as referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award
(see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions
in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R.
§180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3
C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names
091521-NAF
Rev. 3/2021 16
of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier
certifies that neither it nor its principals are presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation by any federal
department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file
any required certifications. Suppliers must not have used federal appropriated funds to pay any
person or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a member
of Congress in connection with obtaining any federal contract, grant, or any other award
covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that
takes place in connection with obtaining any federal award. Such disclosures are forwarded
from tier to tier up to the non-federal award. Suppliers must file all certifications and
disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31
U.S.C. § 1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with
the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies
that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after
grantees or subgrantees submit final expenditure reports or quarterly or annual financial
reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier
must comply with the mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply
with all applicable provisions of the Buy American Act. Purchases made in accordance with the
Buy American Act must follow the applicable procurement rules calling for free and open
competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized
representatives of a federal agency must have access to any books, documents, papers and
records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under
this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The
right also includes timely and reasonable access to Supplier’s personnel for the purpose of
interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is
a state agency or agency of a political subdivision of a state and its contractors must comply
with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
091521-NAF
Rev. 3/2021 17
and Recovery Act. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the
value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring
solid waste management services in a manner that maximizes energy and resource recovery;
and establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or
reproductions of flags or likenesses of Federal agency officials without specific pre-approval.
N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this
Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to
the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract
or any purchase by an authorized user.
O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor
acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to
the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.
P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal
debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and
benefit overpayments.
Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell,
and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work
under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part
200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the
U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or
potential conflict; and provide any additional information as necessary or requested.
R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S. Executive
Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to
individuals and organizations associated with terrorism.
S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will
comply with applicable requirements of 2 C.F.R. § 200.216.
T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that
during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.
091521-NAF
Rev. 3/2021 18
22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60
days’ written notice to the other party. However, Sourcewell may cancel this Contract
immediately upon discovery of a material defect in any certification made in Supplier’s
Proposal. Cancellation of this Contract does not relieve either party of financial, product, or
service obligations incurred or accrued prior to cancellation.
Sourcewell 72 Hour LLC dba: National Auto
Fleet Group
By: __________________________ By: __________________________
Jeremy Schwartz Jesse Cooper
Title: Chief Procurement Officer Title: Fleet Manager
Date: ________________________
Date: ________________________
Approved:
By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________
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Rev. 3/2021 Sourcewell RFP #091521
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RFP #091521
REQUEST FOR PROPOSALS
for
Automobiles, SUVs, Vans, and Light Trucks with Related Equipment and
Accessories
Proposal Due Date: September 15, 2021, 4:30 p.m., Central Time
Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting
proposals for Automobiles, SUVs, Vans, and Light Trucks with Related Equipment and Accessories
to result in a contracting solution for use by its Participating Entities. Sourcewell Participating
Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal
government, and other public agencies located in the United States and Canada. A full copy of
the Request for Proposals can be found on the Sourcewell Procurement Portal
[https://proportal.sourcewell-mn.gov]. Only proposals submitted through the Sourcewell
Procurement Portal will be considered. Proposals are due no later than September 15, 2021, at
4:30 p.m. Central Time, and late proposals will not be considered.
Solicitation Schedule
Public Notice of RFP Published: July 28, 2021
Pre-proposal Conference: August 25, 2021, 10:00 a.m., Central Time
Question Submission Deadline: September 8, 2021, 4:30 p.m., Central Time
Proposal Due Date: September 15, 2021, 4:30 p.m., Central Time
Late responses will not be considered.
Opening: September 15, 2021, 6:30 p.m., Central Time
See RFP Section V.G. “Opening”
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I. ABOUT SOURCEWELL
A. SOURCEWELL
Sourcewell is a State of Minnesota local government unit and service cooperative created
under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that facilitates
a competitive public solicitation and contract award process for the benefit of its 50,000+
participating entities across the United States and Canada. Sourcewell’s solicitation process
complies with State of Minnesota law and policies, conforms to Canadian trade agreements,
and results in cooperative purchasing solutions from which Sourcewell’s Participating Entities
procure equipment, products, and services.
Cooperative purchasing provides participating entities and suppliers increased administrative
efficiencies and the power of combined purchasing volume that result in overall cost savings. At
times, Sourcewell also partners with other purchasing cooperatives to combine the purchasing
volume of their membership into a single solicitation and contract expanding the reach of
contracted suppliers’ potential pool of end users.
Sourcewell uses a website-based platform, the Sourcewell Procurement Portal, through which
all proposals to this RFP must be submitted.
B. USE OF RESULTING CONTRACTS
In the United States, Sourcewell’s contracts are available for use by:
• Federal and state government entities1;
• Cities, towns, and counties/parishes;
• Education service cooperatives;
• K-12 and higher education entities;
• Tribal government entities;
• Some nonprofit entities; and
• Other public entities.
In Canada, Sourcewell’s contracts are available for use by:
• Provincial and territorial government departments, ministries, agencies, boards,
councils, committees, commissions, and similar agencies;
• Regional, local, district, and other forms of municipal government, municipal
organizations, school boards, and publicly-funded academic, health, and social service
entities referred to as MASH sector (this should be construed to include but not be
limited to the Cities of Calgary, Edmonton, Toronto, Ottawa, and Winnipeg), as well as
any corporation or entity owned or controlled by one or more of the preceding entities;
1 Pursuant to HAR §3-128-2, the State of Hawaii, Department of Accounting and General Services, State Procurement Office, on behalf of the
State of Hawaii and participating jurisdictions, has provided notice of its Intent to Participate in the solicitation as a participating entity.
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• Crown corporations, government enterprises, and other entities that are owned or
controlled by these entities through ownership interest;
• Members of the Rural Municipalities of Alberta (RMA) and their represented
Associations: MASH (municipalities, academic institutions, schools and hospitals) and
MUSH (municipalities, universities, schools and hospitals) sectors, and other
governmental agencies eligible to use the Sourcewell contracts. MASH and MUSH
sector refers to regional, local, district or other forms of municipal government, school
boards, publicly-funded academic, health and social service entities, as well as any
corporation or entity owned or controlled by one or more of the preceding entities,
including but not limited to represented associations, Saskatchewan Association of
Rural Municipalities ("SARM"), Association of Manitoba Municipalities ("AMM"), Local
Authorities Services/Association of Municipalities Ontario ("LAS/AMO", excluding the
cities of Toronto and Ottawa), Nova Scotia Federation of Municipalities (“NSFM”),
Federation of Prince Edward Island Municipalities (“FPEIM”), Municipalities
Newfoundland Labrador (“MNL”), Union of New Brunswick Municipalities (“UNBM”),
North West Territories Association of Communities ("NWTAC") and their members.
RMA Participants may include all not-for-profit agencies for Canadian provinces and
territories.
For a listing of current United States and Canadian Participating Entities visit Sourcewell’s
website (note: there is a tab for each country): https://www.sourcewell-mn.gov/sourcewell-for-
vendors/agency-locator.
Participating Entities typically access contracted equipment, products, or services through a
purchase order issued directly to the contracted supplier. A Participating Entity may request
additional terms or conditions related to a purchase. Use of Sourcewell contracts is voluntary
and Participating Entities retain the right to obtain similar equipment, products, or services
from other sources.
To meet Participating Entities’ needs, Sourcewell broadly publishes public notice of all
solicitation opportunities, including this RFP. In the United States each state-level procurement
department receives notice for possible re-posting.
Proof of publication will be available at the conclusion of the solicitation process.
II. SOLICITATION DETAILS
A. SOLUTIONS-BASED SOLICITATION
This RFP and contract award process is a solutions-based solicitation; meaning that Sourcewell
is seeking equipment, products, or services that meet the general requirements of the scope of
this RFP and that are commonly desired or are required by law or industry standards.
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B. REQUESTED EQUIPMENT, PRODUCTS, OR SERVICES
It is expected that proposers will offer a wide array of equipment, products, or services at lower
prices and with better value than what they would ordinarily offer to a single government
entity, a school district, or a regional cooperative.
1. Sourcewell is seeking proposals for Automobiles, SUVs, Vans, and Light Trucks with
Related Equipment and Accessories, including, but not to be limited to:
a. Vehicles of the following types and classifications:
i. Automobiles: mini, subcompact, compact, coupe, sedan, and full-size;
ii. Sport Utility Vehicles: cross-over, light duty, and heavy duty;
iii. Vans: passenger and cargo;
iv. Trucks: light duty, half ton, three-quarter ton, and one ton; and
v. Vehicles of the varieties described in subsections 1. a. i – iv. above, with upfitting
designed for Public Safety applications, such as equipment, lighting, technology,
and accessories.
b. A wide range of vehicles by: 1) engine type, to include conventional internal
combustion, natural gas or propane autogas, hybrid or alternative fuel, and electric
powered solutions; 2) seating or cargo configurations, drive train options, and trim
levels; and, 3) optional equipment offerings.
c. Proposers may include related equipment, accessories, supplies, parts, and services to
the extent that the solutions are an incidental portion of the response.
2. This solicitation does not include those equipment, products, or services covered under
categories included in contracts currently maintained by Sourcewell:
a. Ambulance and Emergency Medical Transport Vehicles, with Related Equipment,
Accessories, And Supplies (RFP #022118);
b. Firefighting Apparatus, with Related Equipment, Accessories, and Supplies (RFP
#022818);
c. Class 4-8 Chassis with Related Equipment, Accessories, and Services (RFP #060920);
d. School Buses with Related Accessories, Supplies, Parts, and Services (RFP #063020); and,
e. Electric Vehicle Supply Equipment and Related Services (RFP #042221).
Generally, the solutions for Participating Entities are turn-key solutions, providing a
combination of equipment, products and services, delivery, and installation to a properly
operating status. However, equipment or products only solutions may be appropriate for
situations where Participating Entities possess the ability, either in-house or through local third-
party contractors, to properly install and bring to operation the equipment or products being
proposed.
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Sourcewell prefers suppliers that provide a sole source of responsibility for the equipment,
products, and services provided under a resulting contract If proposer is including the
equipment, products, and services of its subsidiary entities, the proposer must also identify all
included subsidiaries in its proposal. If proposer requires the use of distributors, dealers,
resellers, or subcontractors to provide the equipment, products, or services, the proposal must
address how the equipment, products or services will be provided to Participating Entities, and
describe the network of distributors, dealers, resellers, and/or subcontractors that will be
available to serve Participating Entities under a resulting contract.
Sourcewell desires the broadest possible selection of equipment, products, and services being
proposed over the largest possible geographic area and to the largest possible cross-section of
Sourcewell current and future Participating Entities.
C. REQUIREMENTS
It is expected that proposers have knowledge of all applicable industry standards, laws, and
regulations and possess an ability to market and distribute the equipment, products, or services
to Participating Entities.
1. Safety Requirements. All items proposed must comply with current applicable safety or
regulatory standards or codes.
2. Deviation from Industry Standard. Deviations from industry standards must be
identified with an explanation of how the equipment, products, and services will provide
equivalent function, coverage, performance, and/or related services.
3. New Equipment and Products. Proposed equipment and products must be for new,
current model; however, proposer may offer certain close-out equipment or products if
it is specifically noted in the Pricing proposal.
4. Delivered and operational. Unless clearly noted in the proposal, equipment and
products must be delivered to the Participating Entity as operational.
5. Warranty. All equipment, products, supplies, and services must be covered by a
warranty that is the industry standard or better.
D. ANTICIPATED CONTRACT TERM
Sourcewell anticipates that the term of any resulting contract(s) will be four years, with an
optional one year extension that may be offered based on the best interests of Sourcewell and
its Participating Entities.
E. ESTIMATED CONTRACT VALUE AND USAGE
Based on past volume of similar contracts, the estimated annual value of all transactions from
contracts resulting from this RFP are anticipated to be USD $300 Million; therefore, proposers
are expected to propose volume pricing. Sourcewell anticipates considerable activity under the
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contract(s) awarded from this RFP; however, sales and sales volume from any resulting contract
are not guaranteed.
F. MARKETING PLAN
Proposer’s sales force will be the primary source of communication with Participating Entities.
The proposer’s Marketing Plan should demonstrate proposer’s ability to deploy a sales force or
dealer network to Participating Entities, as well as proposer’s sales and service capabilities. It is
expected that proposer will promote and market any contract award.
G. ADDITIONAL CONSIDERATIONS
1. Contracts will be awarded to proposers able to best meet the need of Participating
Entities. Proposers should submit their complete line of equipment, products, or
services that are applicable to the scope of this RFP.
2. Proposers should include all relevant information in its proposal, since Sourcewell
cannot consider information that is not included in the proposal. Sourcewell reserves
the right to verify proposer’s information and may request clarification from a proposer,
including samples of the proposed equipment or products.
3. Depending upon the responses received in a given category, Sourcewell may need to
organize responses into subcategories in order to provide the broadest coverage of the
requested equipment, products, or services to Participating Entities. Awards may be
based on a subcategory.
4. A proposer’s documented negative past performance with Sourcewell or its
Participating Entities occurring under a previously awarded Sourcewell contract may be
considered in the evaluation of a proposal.
III. PRICING
A. REQUIREMENTS
All proposed pricing must be:
1. Either Line-Item Pricing or Percentage Discount from Catalog Pricing, or a combination of
these:
a. Line-item Pricing is pricing based on each individual product or services. Each line must
indicate the proposer’s published “List Price,” as well as the “Contract Price.”
b. Percentage Discount from Catalog or Category is based on a percentage discount from
a catalog or list price, defined as a published Manufacturer’s Suggested Retail Price
(MSRP) for the products or services. Individualized percentage discounts can be
applied to any number of defined product groupings. Proposers will be responsible
for providing and maintaining current published MSRP with Sourcewell, and this
pricing must be included in its proposal and provided throughout the term of any
Contract resulting from this RFP.
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2. The proposer’s not to exceed price. A not to exceed price is the highest price for which
equipment, products, or services may be billed to a Participating Entity. However, it is
permissible for suppliers to sell at a price that is lower than the contracted price.
3. Stated in U.S. and Canadian dollars (as applicable).
4. Clearly understandable, complete, and fully describe the total cost of acquisition (e.g., the
cost of the proposed equipment, products, and services delivered and operational for its
intended purpose in the Participating Entity’s location).
Proposers should clearly identify any costs that are NOT included in the proposed product or
service pricing. This may include items such as installation, set up, mandatory training, or initial
inspection. Include identification of any parties that impose such costs and their relationship to
the proposer. Additionally, proposers should clearly describe any unique distribution and/or
delivery methods or options offered in the proposal.
B. ADMINISTRATIVE FEES
Proposers are expected to pay to Sourcewell an administrative fee in exchange for Sourcewell
facilitating the resulting contracts. The administrative fee is normally calculated as a percentage
of the total sales to Participating Entities for all contracted equipment, products, or services made
during a calendar quarter, and is typically one percent (1%) to two percent (2%). In some
categories, a flat fee may be an acceptable alternative.
IV. CONTRACT
Proposers awarded a contract will be required to execute a contract with Sourcewell (see
attached template). Only those modifications the proposer indicates in its proposal will be
available for discussion. Much of the language in the Contract reflects Minnesota legal
requirements and cannot be altered. Numerous and/or onerous exceptions that contradict
Minnesota law may result in the proposal being disqualified from further review and
evaluation.
To request a modification to the template Contract, a proposer must submit the Exceptions to
Terms, Conditions, or Specifications table with its proposal. Only those exceptions noted at the
time of the proposal submission will be considered.
Exceptions must:
1. Clearly identify the affected article and section.
2. Clearly note the requested modification; and as applicable, provide requested
alternative language.
Unclear requests will be automatically denied.
Only those exceptions that have been accepted by Sourcewell will be included in the contract
document provided to the awarded supplier for signature.
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If a proposer receives a contract award resulting from this solicitation it will have up to 30 days
to sign and return the contract. After that time, at Sourcewell’s sole discretion, the contract
award may be revoked.
V. RFP PROCESS
A. PRE-PROPOSAL CONFERENCE
Sourcewell will hold an optional, non-mandatory pre-proposal conference via webcast on the
date and time noted in the Solicitation Schedule for this RFP and on the Sourcewell
Procurement Portal. The purpose of this conference is to allow potential proposers to ask
questions regarding this RFP and Sourcewell’s competitive contracting process. Information
about the webcast will be sent to all entities that have registered for this solicitation
opportunity through their Sourcewell Procurement Portal Supplier Account. Pre-proposal
conference attendance is optional.
B. QUESTIONS REGARDING THIS RFP AND ORAL COMMUNICATION
All questions regarding this RFP must be submitted through the Sourcewell Procurement Portal.
The deadline for submission of questions is found in the Solicitation Schedule and on the
Sourcewell Procurement Portal. Answers to questions will be issued through an addendum to
this RFP. Repetitive questions will be summarized into a single answer and identifying
information will be removed from the submitted questions.
All questions, whether specific to a proposer or generally related to the RFP, must be submitted
using this process. Do not contact individual Sourcewell staff to ask questions or request
information as this may disqualify the proposer from responding to this RFP. Sourcewell will not
respond to questions submitted after the deadline.
C. ADDENDA
Sourcewell may modify this RFP at any time prior to the proposal due date by issuing an
addendum. Addenda issued by Sourcewell become a part of the RFP and will be delivered to
potential proposers through the Sourcewell Procurement Portal. Sourcewell accepts no liability
in connection with the delivery of any addenda.
Before a proposal will be accepted through the Sourcewell Procurement Portal, all addenda, if
any, must be acknowledged by the proposer by checking the box for each addendum. It is the
responsibility of the proposer to check for any addenda that may have been issued up to the
solicitation due date and time.
If an addendum is issued after a proposer submitted its proposal, the Sourcewell Procurement
Portal will WITHDRAW the submission and change the proposer’s proposal status to
INCOMPLETE. The proposer can view this status change in the “MY BIDS” section of the
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Sourcewell Procurement Portal Supplier Account. The proposer is solely responsible to check
the “MY BIDS” section of the Sourcewell Procurement Portal Supplier Account periodically after
submitting its proposal (and up to the Proposal Due Date). If the proposer’s proposal status has
changed to INCOMPLETE, the proposer is solely responsible to:
i) make any required adjustments to its proposal;
ii) acknowledge the addenda; and
iii) ensure the re-submitted proposal is received through the Sourcewell Procurement Portal
no later than the Proposal Due Date and time shown in the Solicitation Schedule above.
D. PROPOSAL SUBMISSION
Proposer’s complete proposal must be submitted through the Sourcewell Procurement Portal
no later than the date and time specified in the Solicitation Schedule. Any other form of
proposal submission, whether electronic, paper, or otherwise, will not be considered by
Sourcewell. Late proposals will not be considered. It is the proposer’s sole responsibility to
ensure that the proposal is received on time.
It is recommended that proposers allow sufficient time to upload the proposal and to resolve
any issues that may arise. The time and date that a proposal is received by Sourcewell is solely
determined by the Sourcewell Procurement Portal web clock.
In the event of problems with the Sourcewell Procurement Portal, follow the instructions for
technical support posted in the portal. It may take up to 24 hours to respond to certain issues.
Upon successful submission of a proposal, the Sourcewell Procurement Portal will automatically
generate a confirmation email to the proposer. If the proposer does not receive a confirmation
email, contact Sourcewell’s support provider at support@bidsandtenders.ca.
To ensure receipt of the latest information and updates via email regarding this solicitation, or
if the proposer has obtained this solicitation document from a third party, the onus is on the
proposer to create a Sourcewell Procurement Portal Supplier Account and register for this
solicitation opportunity.
Within the Sourcewell Procurement Portal, all proposals must be digitally acknowledged by an
authorized representative of the proposer attesting that the information contained in in the
proposal is true and accurate. By submitting a proposal, proposer warrants that the information
provided is true, correct, and reliable for purposes of evaluation for potential contract award.
The submission of inaccurate, misleading, or false information is grounds for disqualification
from a contract award and may subject the proposer to remedies available by law.
E. GENERAL PROPOSAL REQUIREMENTS
Proposals must be:
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• In substantial compliance with the requirements of this RFP or it will be considered
nonresponsive and be rejected.
• Complete. A proposal will be rejected if it is conditional or incomplete.
• Submitted in English.
• Valid and irrevocable for 90 days following the Proposal Due Date.
Any and all costs incurred in responding to this RFP will be borne by the proposer.
F. PROPOSAL WITHDRAWAL
Prior to the proposal deadline, a proposer may withdraw its proposal.
G. OPENING
The Opening of proposals will be conducted electronically through the Sourcewell Procurement
Portal. A list of all proposers will be made publicly available in the Sourcewell Procurement
Portal after the Proposal Due Date, but no later than the Opening time listed in the Solicitation
Schedule.
To view the list of proposers, verify that the Sourcewell Procurement Portal opportunities list
search is set to “All” or “Closed.” The solicitation status will automatically change to “Closed”
after the Proposal Due Date and Time.
VI. EVALUATION AND AWARD
A. EVALUATION
It is the intent of Sourcewell to award one or more contracts to responsive and responsible
proposers offering the best overall quality, selection of equipment, products, and services, and
price that meet the commonly requested specifications of Sourcewell and its Participating
Entities. The award(s) will be limited to the number of proposers that Sourcewell determines is
necessary to meet the needs of its Participating Entities. Factors to be considered in
determining the number of contracts to be awarded in any category may include the following:
• The number of and geographic location of:
o Proposers necessary to offer a comprehensive selection of equipment, products, or
services for Participating Entities’ use.
o A proposer’s sales and service network to assure availability of product supply and
coverage to meet Participating Entities’ anticipated needs.
• Total evaluation scores.
• The attributes of proposers, and their equipment, products, or services, to assist
Participating Entities achieve environmental and social requirements, preferences, and
goals.
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Information submitted as part of a proposal should be as specific as possible when responding
to the RFP. Do not assume Sourcewell has any knowledge about a specific supplier or product.
B. AWARD(S)
Award(s) will be made to the proposer(s) whose proposal conforms to all conditions and
requirements of the RFP, and consistent with the award criteria defined in this RFP.
Sourcewell may request written clarification of a proposal at any time during the evaluation
process.
Proposal evaluation will be based on the following scoring criteria and the Sourcewell Evaluator
Scoring Guide (a copy is available in the Sourcewell Procurement Portal):
Conformance to RFP Requirements 50
Financial Viability and Marketplace Success 75
Ability to Sell and Deliver Service 100
Marketing Plan 50
Value Added Attributes 75
Warranty 50
Depth and Breadth of Offered Equipment, Products, or Services 200
Pricing 400
TOTAL POINTS 1000
C. PROTESTS OF AWARDS
Any protest made under this RFP by a proposer must be in writing, addressed to Sourcewell’s
Executive Director, and delivered to the Sourcewell office located at 202 12th Street NE, P.O.
Box 219, Staples, MN 56479. All documents that comprise the complete protest package must
be received no later than 10 calendar days’ following Sourcewell’s notice of contract award(s)
or non-award and must be time stamped by Sourcewell no later than 4:30 p.m., Central Time. A
protest must allege a procedural, technical, or legal defect, with supporting documentation. A
protest that merely requests a re-evaluation of a proposal’s content will not be entertained
A protest must include the following items:
• The name, address, and telephone number of the protester;
• Identification of the solicitation by RFP number;
• A precise statement of the relevant facts;
• Identification of the alleged procedural, technical, or legal defect;
• Analysis of the basis for the protest;
• Any additional supporting documentation;
• The original signature of the protester or its representative; and
• Protest bond in the amount of $20,000 (except where prohibited by law or treaty).
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Protests that do not address these elements will not be reviewed.
D. RIGHTS RESERVED
This RFP does not commit Sourcewell to award any contract, and a proposal may be rejected if
it is nonresponsive, conditional, incomplete, conflicting, or misleading. Proposals that contain
false statements or do not support an attribute or condition stated by the proposer may be
rejected.
Sourcewell reserves the right to:
• Modify or cancel this RFP at any time;
• Reject any and all proposals received;
• Reject proposals that do not comply with the provisions of this RFP;
• Select, for contracts or for discussion, a proposal other than that with the lowest cost;
• Independently verify any information provided in a proposal;
• Disqualify any proposer that does not meet the requirements of this RFP, is debarred or
suspended by the United States or Canada, State of Minnesota, Participating Entity’s
state or province; has an officer, or other key personnel, who have been charged with a
serious crime; or is bankrupt, insolvent, or where bankruptcy or insolvency are a
reasonable prospect;
• Waive or modify any informalities, irregularities, or inconsistencies in the proposals
received;
• Clarify any part of a proposal and discuss any aspect of the proposal with any proposer;
and negotiate with more than one proposer;
• Award a contract if only one responsive proposal is received if it is in the best interest of
Participating Entities; and
• Award a contract to one or more proposers if it is in the best interest of Participating
Entities.
E. DISPOSITION OF PROPOSALS
All materials submitted in response to this RFP will become property of Sourcewell and will
become public record in accordance with Minnesota Statutes Section 13.591, after negotiations
are complete. Sourcewell considers that negotiations are complete upon execution of a
resulting contract. It is the proposer’s responsibility to clearly identify any data submitted that
it considers to be protected. Proposer must also include a justification for the classification
citing the applicable Minnesota law. Sourcewell may reject proposals that are marked
confidential or nonpublic, either substantially or in their entirety.
Sourcewell will not consider the prices submitted by the proposer to be confidential,
proprietary, or trade secret materials. Financial information, including financial statements,
provided by a proposer is not considered trade secret under the statutory definition.
8/5/2021
Addendum No. 1
Solicitation Number: RFP 091521
Solicitation Name: Automobiles, SUVs, Vans, and Light Trucks with Related Equipment
and Accessories
Consider the following Question and Answer to be part of the above-titled solicitation
documents. The remainder of the documents remain unchanged.
Question 1:
We manufacture service bodies and do not sell complete vehicles. Can we bid our
product as an accessory to the bid?
Answer 1:
Refer to RFP Section II. B. 1. c., “Proposers may include related equipment, accessories,
supplies, parts, and services to the extent that the solutions are an incidental portion of
the response.” A proposal that does not include complete vehicles, of the types
described in RFP Section II. B. 1. a., will be deemed non-responsive.
End of Addendum
Acknowledgement of this Addendum to RFP 091521 posted to the Sourcewell
Procurement Portal on 8/5/2021, is required at the time of proposal submittal.
8/8/2021
Addendum No. 2
Solicitation Number: RFP 091521
Solicitation Name: Automobiles, SUVs, Vans, and Light Trucks with Related Equipment
and Accessories
Consider the following Question and Answer to be part of the above-titled solicitation
documents. The remainder of the documents remain unchanged.
Question 1:
Are you accepting leasing options for this bid?
Answer 1:
Refer to RFP Section II. B. for the description of the requested equipment, products, and
services. Sourcewell is seeking equipment, products, or services that meet the general
requirements of the scope of this RFP and that are commonly desired by participating
entities. A proposer may submit their complete line of equipment, products, or services
that are applicable to the scope of this RFP. It is left to the discretion of each proposer
to articulate their ability to serve Sourcewell participating entities.
End of Addendum
Acknowledgement of this Addendum to RFP 091521 posted to the Sourcewell
Procurement Portal on 8/8/2021, is required at the time of proposal submittal.
8/23/2021
Addendum No. 3
Solicitation Number: RFP 091521
Solicitation Name: Automobiles, SUVs, Vans, and Light Trucks with Related Equipment
and Accessories
Consider the following Questions and Answers to be part of the above-titled solicitation
documents. The remainder of the documents remain unchanged.
Question 1:
I would like to see an example of line-item pricing for Sourcewell. Please provide.
Answer 1:
In the competitive process, Sourcewell cannot conduct research for, or expressly
identify resources that may be relevant to, a proposer. A proposer may review a
sampling of past pricing proposals within the current awarded contract documentation
available on the Sourcewell website. Navigate to the following address:
https://www.sourcewell-mn.gov/contract-search and use the list or search functions.
Question 2:
Where can I get a copy of the current contract pricing for the brand of vehicles that I
offer?
Answer 2:
Each Sourcewell solicitation represents a separate and distinct opportunity. For
examples of current Sourcewell-awarded contracts, refer to the link provided in Answer
No. 1 above. Currently active contracts offering similar solutions were awarded under
solicitation numbers 120716 and 060920.
End of Addendum
Acknowledgement of this Addendum to RFP 091521 posted to the Sourcewell
Procurement Portal on 8/23/2021, is required at the time of proposal submittal.
8/26/2021
Addendum No. 4
Solicitation Number: RFP 091521
Solicitation Name: Automobiles, SUVs, Vans, and Light Trucks with Related Equipment
and Accessories
Consider the following Question and Answer to be part of the above-titled solicitation
documents. The remainder of the documents remain unchanged.
Question 1:
The manufacturer that I represent has not developed pricing for the 2022 model year
vehicles. Should pricing be presented for 2021 and 2022 models that have pricing, and a
TBD associated with 2022 models that have yet to be priced by the manufacturer?
Answer 1:
In the competitive process, Sourcewell will not advise a proposer on the content of the
proposal. It is left to the discretion of each proposer to articulate and propose the
pricing approach that aligns with its business methods and satisfies the requirements of
RFP Section III. – Pricing. Proposals are evaluated based on the criteria stated in the RFP.
Refer also to the Sourcewell contract template for additional details on the process for
requesting a product or pricing change during the term of an awarded contract. A
downloadable version of the contract template is found on the Bid Details page for this
solicitation within the Sourcewell Procurement Portal.
End of Addendum
Acknowledgement of this Addendum to RFP 091521 posted to the Sourcewell
Procurement Portal on 8/26/2021, is required at the time of proposal submittal.
9/7/2021
Addendum No. 5
Solicitation Number: RFP 091521
Solicitation Name: Automobiles, SUVs, Vans, and Light Trucks with Related Equipment
and Accessories
Consider the following Questions and Answers to be part of the above-titled solicitation
documents. The remainder of the documents remain unchanged.
Question 1:
We are requesting a clarification on Table 4 and Table 5. Could we include a reference
from a fleet management company or a supplier we use?
Answer 1:
In the competitive process, Sourcewell will not advise a proposer on the content of the
proposal. It is left to the discretion of each proposer to determine how to best
demonstrate the ability to serve Sourcewell participating entities and satisfy all
requirements of the questionnaire tables.
Question 2:
Is it acceptable to provide a redline of the entire Sourcewell template contract?
Answer 2:
A request for modification to the Sourcewell contract template may only be submitted
with a proposal. To request a modification to the template Contract terms, conditions,
or specifications, a Proposer must complete and submit the Exceptions to Terms,
Conditions, or Specifications Form, which is found as the final Table of Step 1 in the
proposal submission process. A proposer may elect to include additional supporting
materials in its discretion.
Question 3:
Could a video be uploaded as additional content?
Answer 3:
It is left to the discretion of each proposer to determine the method it deems best
suited to submit its relevant information in a timely fashion through the Sourcewell
Procurement Portal. Proposer’s complete proposal must be submitted through the
Sourcewell Procurement Portal no later than the date and time specified in the
Solicitation Schedule (RFP Section V. D.), and all relevant information should be included
in the proposal (RFP Section II., G.).
Question 4:
Can you elaborate on line item 71? Is there a list of subcategory titles that can be used
for reference?
Answer 4:
It is left to the discretion of the proposer to identify subcategory descriptors that may
be relevant to the proposer’s offered equipment, products, and services.
End of Addendum
Acknowledgement of this Addendum to RFP 091521 posted to the Sourcewell
Procurement Portal on Tuesday, September 7, 2021 6:58 PM, is required at the time of
proposal submittal.
9/8/2021
Addendum No. 6
Solicitation Number: RFP 091521
Solicitation Name: Automobiles, SUVs, Vans, and Light Trucks with Related Equipment
and Accessories
Consider the following Questions and Answers to be part of the above-titled solicitation
documents. The remainder of the documents remain unchanged.
Question 1:
With the ongoing supply chain delays related to Covid, microchip shortages, and across-
the-industry shortages of raw materials, we respectfully request an extension to the
submittal deadline.
Answer 1:
No extension of the due date is contemplated at this time.
Question 2:
In what format would you like financial stability to be verified?
Answer 2:
In the competitive process, Sourcewell will not advise a proposer on the content of the
proposal. It is left to the discretion of each proposer to determine how to best
demonstrate its financial stability and satisfy all requirements of the questionnaire
tables.
End of Addendum
Acknowledgement of this Addendum to RFP 091521 posted to the Sourcewell
Procurement Portal on 9/8/2021, is required at the time of proposal submittal.
EXHIBIT B
TO
COOPERATIVE SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND
72 HOUR LLC
D/B/A NATIONAL AUTO FLEET GROUP
[Quote or Work Order]
See following pages.
One Unit (MSRP)One Unit Total % Savings Total Savings
Contract Price $38,415.00 $36,998.14 3.688 %$1,416.86
Factory Order 22-24 Weeks $0.00
Tax (0.0000 %)$0.00
Tire fee $0.00
Total $36,998.14
Jesse Cooper Quoting Department
Account Manager Account Manager
Email: Fleet@NationalAutoFleetGroup.com Fleet@NationalAutoFleetGroup.com
Office: (855) 289-6572 (855) 289-6572
Fax: (831) 480-8497
9/14/2022 Quote ID: 21495
Order Cut Off Date: TBA
Mr Rob Durham
Town of Fountain Hills
16705 E Avenue of the Fountains
Fountain Hills , Arizona, 85268
Dear Rob Durham,
National Auto Fleet Group is pleased to quote the following vehicle(s) for your consideration.
One (1) New/Unused (2023 Ford Explorer (K7B) Base RWD, Factory Order 22-24 Weeks ) and delivered to your specified location, each for
- per the attached specifications.
This vehicle(s) is available under the Sourcewell Contract 091521-NAF . Please reference this Contract number on all purchase orders to National
Auto Fleet Group. Payment terms are Net 20 days after receipt of vehicle.
Thank you in advance for your consideration. Should you have any questions, please do not hesitate to call.
Sincerely,
Purchase Order Instructions & Resources
In order to finalize your purchase please submit this purchase packet to your governing body for a purchase
order approval and submit your purchase order in the following way:
Email: Fleet@NationalAutoFleetGroup.com
Fax: (831) 480-8497
Mail: National Auto Fleet Group
490 Auto Center Drive
Watsonville, CA 95076
We will send a courtesy confirmation for your order and a W-9 if needed.
Additional Resources
Learn how to track your vehicle: www.NAFGETA.com
Use the upfitter of your choice: www.NAFGpartner.com
Vehicle Status: ETA@NationalAutoFleetGroup.com
General Inquiries: Fleet@NationalAutoFleetGroup.com
For general questions or assistance please contact our main office at:
1-855-289-6572
Vehicle Configuration Options
ENGINE
Code Description
99H ENGINE: 2.3L ECOBOOST I-4, -inc: auto start-stop technology (STD)
TRANSMISSION
Code Description
44T TRANSMISSION: 10-SPEED AUTOMATIC, (STD)
PRIMARY PAINT
Code Description
YZ OXFORD WHITE
PAINT SCHEME
Code Description
___STANDARD PAINT
SEAT TYPE
Code Description
7N SANDSTONE, CLOTH CAPTAIN'S CHAIRS, -inc: 8-way power driver's seat w/power function for tilt and recline, 4-way
manual front passenger seat w/fore/aft and recline and 2-way manually adjustable driver and front passenger head restraints
OPTION PACKAGE
Code Description
100A EQUIPMENT GROUP 100A
ADDITIONAL EQUIPMENT
Code Description
153 FRONT LICENSE PLATE BRACKET
16A FRONT & SECOND ROW FLOOR LINERS (16A), -inc: Deletes standard black carpet floor mats
2023 Ford Explorer Base RWD
CODE MSRP
K7B $36,760.00
99H $0.00
44T $0.00
YZ $0.00
___$0.00
7N $0.00
100A $0.00
153 $0.00
16A $160.00
$36,920.00
$0.00
$1,495.00
$38,415.00
Est City: MPG
Est Highway: MPG
Est Highway Cruising Range: N/A mi
2023 Fleet/Non-Retail Ford Explorer Base RWD
WINDOW STICKER
MODEL
2023 Ford Explorer Base RWD
OPTIONS
ENGINE: 2.3L ECOBOOST I-4, -inc: auto start-stop technology (STD)
TRANSMISSION: 10-SPEED AUTOMATIC, (STD)
OXFORD WHITE
STANDARD PAINT
SANDSTONE, CLOTH CAPTAIN'S CHAIRS, -inc: 8-way power driver's seat w/power function for tilt and recline, 4-way manual front
passenger seat w/fore/aft and recline and 2-way manually adjustable driver and front passenger head restraints
EQUIPMENT GROUP 100A
FRONT LICENSE PLATE BRACKET
FRONT & SECOND ROW FLOOR LINERS (16A), -inc: Deletes standard black carpet floor mats
Please note selected options override standard equipment
SUBTOTAL
Advert/ Adjustments
Manufacturer Destination Charge
TOTAL PRICE
Any performance-related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions.
Standard Equipment
MECHANICAL
Engine: 2.3L EcoBoost I-4 -inc: auto start-stop technology
Transmission: 10-Speed Automatic
3.58 Non-Limited-Slip Rear Axle Ratio
GVWR: TBD
50 State Emissions System Flexible Fuel Vehicle (FFV) system is standard equipment for vehicles with the 3.3L Ti-VCT V6 FFV engine.
Transmission w/Driver Selectable Mode
Rear-Wheel Drive
Battery w/Run Down Protection
Regenerative Alternator
Towing Equipment -inc: Trailer Sway Control
Gas-Pressurized Shock Absorbers
Front And Rear Anti-Roll Bars
Electric Power-Assist Speed-Sensing Steering
17.9 Gal. Fuel Tank
Quasi-Dual Stainless Steel Exhaust
Strut Front Suspension w/Coil Springs
Multi-Link Rear Suspension w/Coil Springs
4-Wheel Disc Brakes w/4-Wheel ABS, Front And Rear Vented Discs, Brake Assist, Hill Hold Control and Electric Parking Brake
EXTERIOR
Wheels: 18" 5-Spoke Silver-Painted Aluminum
Tires: P255/65R18 AS BSW -inc: mini spare
Steel Spare Wheel
Spare Tire Mounted Inside Under Cargo
Clearcoat Paint
Body-Colored Front Bumper
Body-Colored Rear Bumper w/Black Rub Strip/Fascia Accent
Black Bodyside Cladding and Black Wheel Well Trim
Black Side Windows Trim, Black Front Windshield Trim and Black Rear Window Trim
Black Door Handles
Black Power Side Mirrors w/Manual Folding
Fixed Rear Window w/Fixed Interval Wiper, Heated Wiper Park and Defroster
Deep Tinted Glass
Speed Sensitive Variable Intermittent Wipers
Galvanized Steel/Aluminum Panels
Lip Spoiler
Black Grille
Power Liftgate Rear Cargo Access
Tailgate/Rear Door Lock Included w/Power Door Locks
Autolamp Auto On/Off Aero-Composite Led Low/High Beam Auto High-Beam Daytime Running Lights Preference Setting Headlamps
w/Delay-Off
LED Brakelights
Headlights-Automatic Highbeams
ENTERTAINMENT
Radio: AM/FM Stereo -inc: MP3 capability, 6 speakers, speed-compensated volume and SiriusXM w/a 3 month prepaid subscription,
Service is not available in Alaska and Hawaii, All SiriusXM services require a subscription, sold separately by SiriusXM after the trial
period, Your SiriusXM service will automatically stop at the end of your trial unless you decide to subscribe, If you decide to continue
service, the subscription plan chosen will automatically renew and be charged according to your chosen payment method at the then-
current rates, Fees and taxes apply, See the SiriusXM Customer Agreement & Privacy Policy at https://www.siriusxm.com/
www.siriusxm.com for full terms and how to cancel, which includes online methods or calling 1-866-635-2349, Available in the 48
contiguous United States, D.C, and Puerto Rico (w/coverage limits and capable receiver), Visit http://www.siriusxm.com/FAQS for most
current service area information, Availability of some services and features is subject to device capabilities and location restrictions, All
fees, content and features are subject to change, SiriusXM, Pandora and all related logos are trademarks of Sirius XM Radio Inc, and its
respective subsidiaries
Radio w/Seek-Scan, Clock, Steering Wheel Controls and Internal Memory
Streaming Audio
Integrated Roof Antenna
SYNC 3 Communications & Entertainment System -inc: enhanced voice recognition, 8" LCD capacitive touchscreen in center stack
w/swipe capability, AppLink, 911 Assist, Apple Car Play and Android Auto compatibility and 1 "A" and 1 "C" USB ports in the media hub,
Bluetooth Wireless Phone Connectivity
2 LCD Monitors In The Front
INTERIOR
Bucket Front Seats w/Cloth Back Material
Driver Seat
Passenger Seat
35-30-35 Folding Split-Bench Front Facing Manual Reclining Fold Forward Seatback Cloth Rear Seat w/Manual Fore/Aft
Manual Tilt/Telescoping Steering Column
Gauges -inc: Speedometer, Odometer, Engine Coolant Temp, Tachometer, Oil Level, Trip Odometer and Trip Computer
Power Rear Windows and Fixed 3rd Row Windows
Fixed 50-50 Bench Cloth 3rd Row Seat Front, Manual Fold Into Floor, 2 Manual and Adjustable Head Restraints
Front Cupholder
Rear Cupholder
Compass
Remote Keyless Entry w/Integrated Key Transmitter, Illuminated Entry, Illuminated Ignition Switch and Panic Button
Remote Releases -Inc: Power Cargo Access
Cruise Control w/Steering Wheel Controls
Voice Activated Dual Zone Front Automatic Air Conditioning
Rear HVAC w/Separate Controls
HVAC -inc: Underseat Ducts and Headliner/Pillar Ducts
Locking Glove Box
Driver Foot Rest
Interior Trim -inc: Metal-Look/Piano Black Instrument Panel Insert, Metal-Look/Piano Black Door Panel Insert, Piano Black Console Insert
and Chrome/Metal-Look Interior Accents
Full Cloth Headliner
Cloth Door Trim Insert
Cloth Captain's Chairs -inc: 8-way power driver's seat w/power function for tilt and recline, 4-way manual front passenger seat w/fore/aft
and recline and 2-way manually adjustable driver and front passenger head restraints
Day-Night Rearview Mirror
Driver And Passenger Visor Vanity Mirrors w/Driver And Passenger Illumination, Driver And Passenger Auxiliary Mirror
Full Floor Console w/Covered Storage, Mini Overhead Console w/Storage and 5 12V DC Power Outlets
Front And Rear Map Lights
Fade-To-Off Interior Lighting
Full Carpet Floor Covering -inc: Carpet Front And Rear Floor Mats
Carpet Floor Trim
Trunk/Hatch Auto-Latch
Cargo Area Concealed Storage
Cargo Space Lights
FOB Controls -inc: Cargo Access
Smart Device Remote Engine Start
FordPass Connect -inc: 4G LTE Wi-Fi hotspot connects up to 10 devices w/wireless data trial that begins upon AT&T activation and
expires at the end of 3 months or when 3GB of data is used, whichever comes first, but cannot extend beyond the trial subscription period
for remote features, To activate, go to www.att.com/ford, remotely start, lock and unlock vehicle, schedule specific times to remotely start
vehicle, locate parked vehicle and check vehicle status (FordPass Connect, the Ford Pass App, and Complimentary Connected Services
are required for remote features (see FordPass terms for details), Connected Service and features depend on compatible AT&T network
availability, Evolving technology/cellular networks/vehicle capability may limit functionality and prevent operation of connected features,
Connected services excludes Wi-Fi hotspot.), Note: Ford Telematics and data services prep included for fleet only: FordPass Connect 4G
Wi-Fi modem provides data to support telematics and data services including but not limited to vehicle location, speed, idle time, fuel,
vehicle diagnostics and maintenance alerts, Device enables telematics services through Ford or authorized providers, Activate at
www.fleet.ford.com or call 833-FCS-Ford, (833-327-3673)
Driver / Passenger And Rear Door Bins
Power 1st Row Windows w/Driver And Passenger 1-Touch Up/Down
Delayed Accessory Power
Power Door Locks w/Autolock Feature
Systems Monitor
Trip Computer
Outside Temp Gauge
Analog Appearance
Manual Adjustable Rear Head Restraints
Front Center Armrest
2 Seatback Storage Pockets
Securilock Anti-Theft Ignition (pats) Immobilizer
5 12V DC Power Outlets
Air Filtration
SAFETY
AdvanceTrac w/Roll Stability Control Electronic Stability Control (ESC) And Roll Stability Control (RSC)
ABS And Driveline Traction Control
Side Impact Beams
Dual Stage Driver And Passenger Seat-Mounted Side Airbags
Reverse Sensing System Rear Parking Sensors
Ford Co-Pilot360 - BLIS (Blind Spot Information System) Blind Spot
Ford Co-Pilot360 - Pre-Collision Assist with Pedestrian Detection and Cross-Traffic Alert
Lane Keeping Alert Lane Keeping Assist
Lane Keeping Alert Lane Departure Warning
Collision Mitigation-Front
Driver Monitoring-Alert
Tire Specific Low Tire Pressure Warning
Dual Stage Driver And Passenger Front Airbags
Safety Canopy System Curtain 1st, 2nd And 3rd Row Airbags
Airbag Occupancy Sensor
Driver And Passenger Knee Airbag
Mykey System -inc: Top Speed Limiter, Audio Volume Limiter, Early Low Fuel Warning, Programmable Sound Chimes and Beltminder
w/Audio Mute
Rear Child Safety Locks
Outboard Front Lap And Shoulder Safety Belts -inc: Rear Center 3 Point, Height Adjusters and Pretensioners
Back-Up Camera w/Washer
One Unit
(MSRP)
One Unit Total % Savings Est. Lease Per Unit To Own Total Savings
Contract Price $36,865.00 $35,987.32 2.381 %36 Months $1,090.42 $877.68
R39
Tax (0.0000 %)$0.00 48 Months $831.31
Tire fee $0.00 60 Months $680.16
Total $35,987.32
Office Dpt
Account Manager
Email: Office@nationalautofleetgroup.com
Office: (855) 289-6572
Fax: (831) 480-8497
8/21/2022 Quote ID: 21001
Order Cut Off Date: TBA
Mr Rob Durham
Town of Fountain Hills
16705 E Avenue of the Fountains
Fountain Hills , Arizona, 85268
Dear Rob Durham,
National Auto Fleet Group is pleased to quote the following vehicle(s) for your consideration.
One (1) New/Unused (2023 Ford Ranger (R4F) XL 4WD SuperCrew 5' Box 126.8" WB, R39 ) and delivered to your specified location, each for
- per the attached specifications.
This vehicle(s) is available under the Sourcewell Contract 091521-NAF to purchase or Sourcewell contract 032615-NCL to lease to own.
Please reference this Contract number on all purchase orders to National Auto Fleet Group. Payment terms are Net 20 days after receipt of vehicle.
Thank you in advance for your consideration. Should you have any questions, please do not hesitate to call.
Sincerely,
___________________
_________________
__________________________________
_______________________
Purchase Order Instructions & Resources
In order to finalize your purchase please submit this purchase packet to your governing body for a purchase
order approval and submit your purchase order in the following way:
Email: Fleet@NationalAutoFleetGroup.com
Fax: (831) 480-8497
Mail: National Auto Fleet Group
490 Auto Center Drive
Watsonville, CA 95076
We will send a courtesy confirmation for your order and a W-9 if needed.
Additional Resources
Learn how to track your vehicle:www.NAFGETA.com
Use the upfitter of your choice:www.NAFGpartner.com
Vehicle Status:ETA@NationalAutoFleetGroup.com
General Inquiries:Fleet@NationalAutoFleetGroup.com
For general questions or assistance please contact our main office at:
1-855-289-6572
For information regarding the leasing options, please contact:
Chris Canavati
National Cooperative Leasing
chris@lscfinancial.com
320-763-7600
NJPA contract number 032615-NCL
Vehicle Configuration Options
ENGINE
Code Description
99H ENGINE: 2.3L ECOBOOST, (STD)
TRANSMISSION
Code Description
44U TRANSMISSION: ELECTRONIC 10-SPEED SELECTSHIFT AUTO, (STD)
WHEELS
Code Description
64Y WHEELS: 17" SILVER-PAINTED ALUMINUM
TIRES
Code Description
TEW TIRES: LT265/65R17 A/T OWL
PRIMARY PAINT
Code Description
YZ OXFORD WHITE
PAINT SCHEME
Code Description
___STANDARD PAINT
SEAT TYPE
Code Description
QH EBONY, FRONT CLOTH BUCKET SEATS, -inc: 8-way manual adjustable driver including lumbar, 6-way manual adjustable
passenger and manual reclining seats
AXLE RATIO
Code Description
___3.73 AXLE RATIO, (STD)
ADDITIONAL EQUIPMENT
Code Description
53R TRAILER TOW PACKAGE, -inc: towing capability up to TBD lbs and 4-pin/7-pin wiring harness, Class IV Trailer Hitch
Receiver,
51D AUTO START-STOP REMOVAL
66G
AMBER/WHITE LED WARNING STROBES BY SOUND OFF SIGNAL, -inc: rear work light feature, center high-mounted stop
light bar and 2 forward facing interior mounted lights, Rear white lights can be turned on solid to provide additional work area
lighting
87W 4G LTE WI-FI HOTSPOT REMOVAL
55K 110V AC POWER OUTLET, -inc: 2 USBs located in the rear of the center console
OPTION PACKAGE
Code Description
101A
EQUIPMENT GROUP 101A HIGH, -inc: 6 Speakers, SYNC, enhanced voice recognition communications and entertainment
system, 911 Assist, 4.2" LCD display in center stack, AppLink and 1 smart charging USB port, Day/Night Rearview Mirror,
Cruise Control, Power Glass Sideview Mirrors, Remote Key Fob w/Tailgate Lock, Perimeter Anti-Theft Alarm
2023 Ford Ranger XL 4WD SuperCrew 5' Box 126.8" WB
CODE MSRP
R4F $32,230.00
99H $0.00
44U $0.00
64Y $435.00
TEW $275.00
YZ $0.00
___$0.00
QH $0.00
___$0.00
53R $495.00
51D ($50.00)
66G $750.00
87W ($20.00)
55K $120.00
101A $1,135.00
$35,370.00
$0.00
$1,495.00
$36,865.00
Est City: 19 (2022) MPG
Est Highway: 24 (2022) MPG
Est Highway Cruising Range: 432.00 mi
2023 Fleet/Non-Retail Ford Ranger XL 4WD SuperCrew 5' Box 126.8" WB
WINDOW STICKER
MODEL
2023 Ford Ranger XL 4WD SuperCrew 5' Box 126.8" WB
OPTIONS
ENGINE: 2.3L ECOBOOST, (STD)
TRANSMISSION: ELECTRONIC 10-SPEED SELECTSHIFT AUTO, (STD)
WHEELS: 17" SILVER-PAINTED ALUMINUM
TIRES: LT265/65R17 A/T OWL
OXFORD WHITE
STANDARD PAINT
EBONY, FRONT CLOTH BUCKET SEATS, -inc: 8-way manual adjustable driver including lumbar, 6-way manual adjustable passenger
and manual reclining seats
3.73 AXLE RATIO, (STD)
TRAILER TOW PACKAGE, -inc: towing capability up to TBD lbs and 4-pin/7-pin wiring harness, Class IV Trailer Hitch Receiver,
AUTO START-STOP REMOVAL
AMBER/WHITE LED WARNING STROBES BY SOUND OFF SIGNAL, -inc: rear work light feature, center high-mounted stop light bar
and 2 forward facing interior mounted lights, Rear white lights can be turned on solid to provide additional work area lighting
4G LTE WI-FI HOTSPOT REMOVAL
110V AC POWER OUTLET, -inc: 2 USBs located in the rear of the center console
EQUIPMENT GROUP 101A HIGH, -inc: 6 Speakers, SYNC, enhanced voice recognition communications and entertainment system,
911 Assist, 4.2" LCD display in center stack, AppLink and 1 smart charging USB port, Day/Night Rearview Mirror, Cruise Control,
Power Glass Sideview Mirrors, Remote Key Fob w/Tailgate Lock, Perimeter Anti-Theft Alarm
Please note selected options override standard equipment
SUBTOTAL
Advert/ Adjustments
Manufacturer Destination Charge
TOTAL PRICE
Any performance-related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions.
Standard Equipment
MECHANICAL
Engine: 2.3L EcoBoost Requires auto start stop removal (51D) when feature is not available.
Transmission: Electronic 10-Speed SelectShift Auto
3.73 Axle Ratio
GVWR: TBD
50-State Emissions System
Engine Auto Stop-Start Feature
Transmission w/Driver Selectable Mode
Electronic Transfer Case
Part-Time Four-Wheel Drive
70-Amp/Hr 700CCA Maintenance-Free Battery w/Run Down Protection
150 Amp Alternator
Towing Equipment -inc: Trailer Sway Control
Trailer Wiring Harness
Gas-Pressurized Shock Absorbers
Front Anti-Roll Bar
Electric Power-Assist Speed-Sensing Steering
18 Gal. Fuel Tank
Single Stainless Steel Exhaust
Auto Locking Hubs
Short And Long Arm Front Suspension w/Coil Springs
Solid Axle Rear Suspension w/Leaf Springs
4-Wheel Disc Brakes w/4-Wheel ABS, Front Vented Discs, Brake Assist and Hill Hold Control
EXTERIOR
Wheels: 16" Silver Steel
Tires: P255/70R16 A/S BSW
Regular Box Style
Steel Spare Wheel
Full-Size Spare Tire Stored Underbody w/Crankdown
Clearcoat Paint
Black Rear Step Bumper
Black Front Bumper w/Black Rub Strip/Fascia Accent and 2 Tow Hooks
Black Wheel Well Trim
Black Side Windows Trim and Black Front Windshield Trim
Black Door Handles
Black Manual Side Mirrors w/Manual Folding
Fixed Rear Window
Light Tinted Glass
Variable Intermittent Wipers
Galvanized Steel/Aluminum Panels
Black Grille
Front License Plate Bracket
Tailgate Rear Cargo Access
Manual Tailgate/Rear Door Lock
Autolamp Auto On/Off Projector Beam Halogen Daytime Running Lights Preference Setting Headlamps w/Delay-Off
Cargo Lamp w/High Mount Stop Light
ENTERTAINMENT
Radio: AM/FM Stereo -inc: Bluetooth pass thru and 1 USB port
Radio w/Seek-Scan, Clock, Speed Compensated Volume Control, Aux Audio Input Jack, Steering Wheel Controls and External Memory
Control
Streaming Audio
Integrated Roof Antenna
4 Speakers
2 LCD Monitors In The Front
INTERIOR
Driver Seat
Passenger Seat
Full Folding Bench Front Facing Fold-Up Cushion Rear Seat
Manual Tilt/Telescoping Steering Column
Gauges -inc: Speedometer, Odometer, Voltmeter, Oil Pressure, Engine Coolant Temp, Transmission Fluid Temp, Trip Odometer and Trip
Computer
Power Rear Windows
FordPass Connect 4G Mobile Hotspot Internet Access
Front Cupholder
Rear Cupholder
Compass
Manual Air Conditioning
HVAC -inc: Underseat Ducts
Locking Glove Box
Interior Trim -inc: Cabback Insulator and Chrome Interior Accents
Full Cloth Headliner
Urethane Gear Shifter Material
Front Cloth Bucket Seats -inc: 8-way manual adjustable driver including lumbar, 6-way manual adjustable passenger and manual reclining
seats
Day-Night Auto-Dimming Rearview Mirror
3 12V DC Power Outlets
Fade-To-Off Interior Lighting
Full Vinyl/Rubber Floor Covering
Pickup Cargo Box Lights
Smart Device Remote Engine Start
Tracker System
Instrument Panel Bin, Dashboard Storage, Driver / Passenger And Rear Door Bins and 2nd Row Underseat Storage
Power 1st Row Windows w/Driver 1-Touch Up/Down
Delayed Accessory Power
Power Door Locks
Trip Computer
Analog Appearance
Manual w/Tilt Front Head Restraints and Manual Adjustable Rear Head Restraints
Rear Center Armrest
Securilock Anti-Theft Ignition (pats) Immobilizer
SAFETY
AdvanceTrac w/Roll Stability Control Electronic Stability Control (ESC) And Roll Stability Control (RSC)
ABS And Driveline Traction Control
Side Impact Beams
Dual Stage Driver And Passenger Seat-Mounted Side Airbags
Ford Co-Pilot360 - Pre-Collision Assist with Automatic Emergency Braking (AEB)
Collision Mitigation-Front
Tire Specific Low Tire Pressure Warning
Dual Stage Driver And Passenger Front Airbags
Safety Canopy System Curtain 1st And 2nd Row Airbags
Airbag Occupancy Sensor
Rear Child Safety Locks
Outboard Front Lap And Shoulder Safety Belts -inc: Rear Center 3 Point, Height Adjusters and Pretensioners
Dynamic Hitch Assist Back-Up Camera
From:Fleet
To:Robert Durham
Cc:Justin Weldy
Subject:Re: Ford Secured Build Slot/Sourcewell Quote
Date:Thursday, September 15, 2022 9:08:29 AM
Attachments:image001.pngimage002.pngimage003.pngimage004.png
EXTERNAL EMAIL
Hi Rob,
Thanks for the inquiry! Our Sourcewell pricing includes delivery to your specified location.
We place factory orders drop shipping to a dealership nearby your facility.
Feel free to contact me if you have any questions!
Thank you,
Neil Carroll
Director of Sales
National Auto Fleet Group
Sourcewell Vehicle Contract #091521-NAFFormally Known as NJPA
O: 1-855-289-6572F: 1-562-684-0642
"Please forgive any auto correct blunders"
From: Robert Durham <rdurham@fountainhillsaz.gov>
Sent: Thursday, September 15, 2022 8:42 AM
To: Fleet <Fleet@nationalautofleetgroup.com>
Cc: Justin Weldy <jweldy@fountainhillsaz.gov>
Subject: RE: Ford Secured Build Slot/Sourcewell Quote
Last question: After purchase, how does shipping work? We are responsible for cost andlogistics?
Rob Durham
Procurement Administrator
Town of Fountain Hills
p: (480) 816-5128 m: (816) 786-8931
a: 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268w: www.fountainhillsaz.gov e: rdurham@fountainhillsaz.gov
From:Fleet
To:Robert Durham
Subject:Re: Ford Secured Build Slot/Sourcewell Quote
Date:Monday, September 19, 2022 8:39:11 AM
Attachments:image001.png
image002.png
image003.png
image004.png
EXTERNAL EMAIL
Hi Rob,
Yes, that is correct! I do apologize for any inconveniences.
Feel free to contact me if you have any questions!
Thank you,
Neil Carroll
Director of Sales
National Auto Fleet Group
Sourcewell Vehicle Contract #091521-NAFFormally Known as NJPA
O: 1-855-289-6572F: 1-562-684-0642
"Please forgive any auto correct blunders"
From: Robert Durham <rdurham@fountainhillsaz.gov>
Sent: Monday, September 19, 2022 8:36 AM
To: Fleet <Fleet@nationalautofleetgroup.com>
Subject: RE: Ford Secured Build Slot/Sourcewell Quote
Morning again….. so just to confirm. No California State tax will be added. We will pay Aztaxes on our own.
Rob
Rob Durham
Procurement Administrator
Town of Fountain Hills
p: (480) 816-5128 m: (816) 786-8931
a: 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268
w: www.fountainhillsaz.gov e: rdurham@fountainhillsaz.gov
Follow us on:
From: Fleet <Fleet@nationalautofleetgroup.com>
Sent: Friday, September 16, 2022 6:50 AM
To: Robert Durham <rdurham@fountainhillsaz.gov>
Subject: Re: Ford Secured Build Slot/Sourcewell Quote
EXTERNAL EMAIL
Good Morning Rob,
Unfortunately, I'm unable to remit your sales tax in Arizona due to our dealerships are located
in California. Would you be able to pay the sales tax after receiving the vehicles by chance?
Feel free to contact me if you have any questions!
Thank you,
Neil Carroll
Director of Sales
National Auto Fleet Group
Sourcewell Vehicle Contract #091521-NAFFormally Known as NJPAO: 1-855-289-6572F: 1-562-684-0642 "Please forgive any auto correct blunders"
From: Robert Durham <rdurham@fountainhillsaz.gov>
Sent: Thursday, September 15, 2022 3:35 PM
To: Fleet <Fleet@nationalautofleetgroup.com>
Subject: RE: Ford Secured Build Slot/Sourcewell Quote
Neill,I needed to add the tax dollar amounts for each quote. I assume we pay Ca tax to would youhave a dollar amount for each quote so I get a total not to exceed amount? Rob Durham
Procurement Administrator
Town of Fountain Hills
p: (480) 816-5128 m: (816) 786-8931a: 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268
w: www.fountainhillsaz.gov e: rdurham@fountainhillsaz.gov
ITEM 8. F.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 10/18/2022 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Development Services
Prepared by: Farhad Tavassoli, Senior Planner
Staff Contact Information: Farhad Tavassoli, Senior Planner
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE
ACTION: Extension of a Special Use Permit to allow residential uses on a 0.58 acre property in the
Community Commercial (C-C) zoning district at 17134 E. Kingstree Blvd., generally located at the
northwest corner of Saguaro Blvd. and Kingstree Blvd.
Staff Summary (Background)
Per Chapter 2 of the Zoning Ordinance,
"A building permit for the construction of any improvements allowed by any special use permit
issued by the Town Council shall be secured within six (6) months from the date of approval.
Any lapsing of the building permit prior to completion of the improvements will cause the
Special Use Permit to become null and void. Prior to the termination of this time limit, the
applicant may make a written request to the Town Council and the Council may reconsider said
use permit to determine if the permit should be reissued for an additional time period or be
terminated."
The subject Special Use Permit was approved on September 21, 2021. A 6-month extension to the SUP
was granted on March 15, 2022, following receipt of the applicant’s written request to Town Council.
On September 7, 2022, the applicant provided a written request for another 6-month extension to the
special use permit, which expires on September 21, 2022. This agenda item is to review the request
from the applicant for a second extension.
The 25,350-sq. ft. subject property, located at the northwest corner of Saguaro and Kingstree Blvd., is
vacant and zoned C-C (Community Commercial). The allowable uses in this zoning district are identical
to the C-1 (Neighborhood Commercial and Professional) zoning district, but allows for common
parking areas rather than parking on individual lots.The property at this corner is part of Plat 202,
which was platted in 1972 for this type of development. Currently, this block of Plat 202 houses a
church, martial arts studio, dance studio, offices, and a restaurant. There are also several
condominiums east of the alley, behind the commercial parcels. The common parking area contains
174 stalls, including 9 ADA-compliant stalls.
The applicant is proposing a small mixed-use development. The purpose of the special use permit
request is to allow the residential component of the development in a commercial zoning district, as
required by the zoning ordinance. The project will consist of three, two-story buildings. The largest
building will be to the east, facing Saguaro Blvd. This building will feature a variety of office suites on
the first floor, including a break room and conference room. The upper floor will consist of four
residential units.
Buildings A and B to the west will feature as many as eight live/work units. The applicant envisions
uses such as cafés, art studios, beauty salons, and professional services on the ground floor, with a
residential upper floor for each business. There will be a central courtyard with landscaping and
outdoor seating. The applicant has provided color renderings and building elevations to show facade
treatment, wall articulation, varied roof lines, and other modern architectural elements.
Section II of the Fountain Hills General Plan 2020 discusses the elements that help create thriving
neighborhoods. One of the items listed is having a variety of housing types. This section includes
policies to encourage a broad range of housing types affordable to all income ranges and a range of
housing types and densities consistent with the character area.
Section III of the General Plan includes the information on the Character Areas in the Town. This small
commercial area at Saguaro and Kingstree Blvd. was included as part of the surrounding
Neighborhood character type. More specifically, this area is considered a Mixed Neighborhood with
smaller lots and a mix of non-residential uses. This existing commercial area is intended to remain a
low intensity area with any further development or redevelopment consistent with the surrounding
neighborhood. Allowing the proposed residential use would be consistent with the intent of the Plan
for this area.
The zoning ordinance Section 12.03 allows consideration of residential uses in all commercial zoning
districts with the approval of a Special Use Permit (SUP). Section 2.02 of the zoning ordinance
establishes the process and criteria for consideration of a SUP. With regards to the possible actions
and findings of the Planning and Zoning Commission, Section 2.02 D. 5. of the Zoning Ordinance states:
5. In order to recommend approval of any use permit, the findings of the Commission must be
that the establishment, maintenance, or operation of the use or building applied for will not be
detrimental to the public health, safety, peace, comfort, and general welfare of persons residing
or working in the neighborhood of such proposed use, nor shall it be detrimental or injurious to
property and improvements in the neighborhood or to the general welfare of the Town.
This area has been zoned and platted prior to incorporation of the Town for commercial uses. It is still
the desire of the Town to have this be a successful commercial center. For the Commission to
recommend approval, they needed to determine if the introduction of residential uses to this area of
Plat 202 would be detrimental to the desired commercial activity and whether the residential use
would be detrimental to the public health, safety, peace, or comfort of the neighborhood.
A review of this property shows that over its almost 50-year history it has not fully developed and has
been considerably underutilized. The applicant for this case will provide activity on the ground level
by opening his office and will provide constant activity for the development by virtue of also residing
on the property. The introduction of live/work units as well as four, stand-alone residential units at
this location would not be detrimental to the neighborhood and could likely benefit the area by having
this development more actively used. Furthermore, the existing condominiums to the west of the
alley help provide a good transition between the mixed-use nature of this development and the
single-family residential properties even further to the west.
Should Town Council approve the Special Use Permit, staff will continue to work with the applicant on
details related to the site plan, grading and drainage plan, and required landscaping before filing for a
building permit.
Planning and Zoning Commission Discussion
At the Planning and Zoning Commission meeting on August 9, there was significant concern shared by
some Commissioners regarding the adequacy of the common parking area for this development; that
there may not be sufficient parking in the established parking lot for all the development which could
occur within this development. The Commissioners were concerned that the proposed development
would result in a demand for more parking than is available as the site continues to build out.
Since the meeting, staff has further reviewed the existing development and considered the possible
impacts of the proposed SUP on the development. The approved entitlements for this property allow
the site to be developed with two-story commercial uses covering each lot. It was determined at the
time of the initial platting and zoning that the parking provided would be sufficient for the amount of
development that would occur. The development which has taken place to date is less than the
maximum entitlement on several of the lots. Staff is not aware that there has ever been a parking issue
with the existing development and statements at the Planning and Zoning hearing supports this
condition.
The specific request is to allow the second story of the proposed buildings to be used as residences.
There is a total of 10,800 square feet of second-story building space being proposed in the conceptual
site plan. If the second floor area were to be used as offices, staff would project a need for 44 parking
spaces based on our ordinance requirements (more parking would be required for medical office
uses). If the second floor is built out with the maximum number of requested residential units and all
were two-bedroom or larger units, 27 parking spaces would be required. Therefore, approval of the
request SUP should have the impact of reducing the overall parking demand rather than increase it.
Several members of the public also spoke at the P&Z Commission hearing, speaking both for and
against the SUP. Opponents were generally concerned about traffic impacts, project scale,
and potential view obstructions. (It should be noted that the ground elevation for the Saguaro Ridge
Villas is approximately 16' above the property in question.) The attached letter of opposition was also
provided by the Saguaro Ridge Villas Association, which is located west of the site. Supporters spoke
about the need for more businesses at the Town, and the potential for this to be a successful
development.
Related Ordinance, Policy or Guiding Principle
Zoning Ordinance Section 2.02 - Special Use Permits
Zoning Ordinance Section 12.03 - Uses Subject to Special Use Permits in the C-1, C-C, C-2, and C-3
Zoning Districts
General Plan 2020, Section II: Thriving Neighborhoods
General Plan 2020 Character Areas, Table 1 Character Area Plan
Risk Analysis
If the request for an extension is approved, the applicant is granted an additional six months to submit
for a building permit. Additionally, Chapter 2 of the Zoning Ordinance states, "No person shall reapply
for the same or substantially the same use permit on the same or substantially the same plot, lot, or
parcel of land within a period of one (1) year from the date of denial of said use permit."
Recommendation(s) by Board(s) or Commission(s)
At their regular meeting on August 9, 2021, the Planning and Zoning Commission recommended
denial of the special use permit with a 4-2 vote, citing the aforementioned concerns regarding parking
in relation to project scale.
At the September 21, 2022 ,Town Council meeting, Council voted unanimously (7-0) to approve the
Special Use Permit as presented.
At the March 15, 2022, Town Council meeting, Council voted unanimously (7-0) to approved the
request for a 6-month extension to the Special Use permit as presented on the consent agenda.
Staff Recommendation(s)
The applicant has submitted the formal site plan for staff review. Staff has provided comments back
to the applicant and is waiting on the next re-submittal. Addressing the concerns regarding the
parking is still an outstanding issue. Allowing a residential use as a component of this development
still appears to be an appropriate use for this property.
Staff recommends approval of the second six-month extension request of this Special Use Permit for a
maximum of 12 dwelling units.
SUGGESTED MOTION
MOVE to approve the request for a six-month extension to the Special Use Permit to allow a maximum
of 12 dwelling units at 17134 E. Kingstree Blvd.
Attachments
Second extension request
Case Map
Aerial Photo
Narrative
Site Drawings
Letter of Opposition
Form Review
Inbox Reviewed By Date
Development Services Director John Wesley 09/20/2022 12:07 PM
Form Started By: Farhad Tavassoli Started On: 09/19/2022 05:29 PM
Final Approval Date: 10/06/2022
KAUFFMAN HOMES
K-Group Southwest Contracting, LLC
K-Group Contracting, LLC
16810 Ave of the Fountains Ste #106
Fountain Hills, AZ 85268
(480) 816-6155
September 7, 2022
Farhad,
We would like to request an extension for our FH Urban District project. We have been
diligently working on completing all items needed to get this project off the ground. We
are committed to getting this project complete and have spent over $100,000 on getting
plans completed and approved.
Currently we are in the 2nd review process with the town.
We submitted docs originally on May 18 with comments back on June 28 with
resubmittal of redlines from those comments on August 23.
Thank you for the consideration of the extension. I am excited to get this project
started and built out.
Dan Kauffman
CASE:
SU2021-03
SITE / ADDRESS:
17134 E. Kingstree Blvd.
APN #176-08-411A
REQUEST:
SPECIAL USE PERMIT to allow residential
uses on a 0.58 acre property in the
Community Commercial (C-C) zoning
district at 17134 E. Kingstree Blvd.,
generally located at the northwest corner
of Saguaro Blvd. and Kingstree Blvd.
Site Location
Subject
Property
Vicinity Map
ITEM 8. G.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 10/18/2022 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 2023-047 between the Town and Roadway Asset
Services, LLC for Pavement Condition and Evaluation Related Services
Staff Summary (Background)
Infrastructure planning is an essential component in the management of town streets, and is driven
by aging infrastructure, growth and the current reality of dwindling budgets for maintenance. The
emphasis is now being placed on not only knowing the true cost of providing a cost-effective
pavement management program, but also understanding what will be required to maintain a certain
level of service throughout the life of town-owned streets.
The Town previously completed two Pavement Assessment Analysis Reports, one in 2009 and a
second in 2017. Best pavement management practices recommend that extensive street assessments
take place every five to seven years to update the condition data, analysis models, and rehabilitation
program.
The primary goal of this assessment is to provide pavement management services which will assist the
town in maintaining its pavement network at an acceptable level of service and doing so in the most
cost-effective manner. The firm will also help estimate the cost of street maintenance and
improvements as well as prioritize street projects based on road conditions and available funding.
The Town published a notice for Request for Proposals (RFP) on August 3, 2022, on the Town website,
Fountain Hills Times, and the Arizona Business Gazette for Pavement Condition and Evaluation
Related Services. After reviewing and grading the proposals submitted, the selection committee
selected Roadway Asset Services, LLC.
The proposed contract with Roadway Asset Services, LLC in the amount of $59,997 will provide
updates to the mapping of the Town's roadway network, pavement data collection, asset
management software, analysis and reporting. The contract also provides for up to four annual
renewals to host the pavement management software and to provide updates based upon
maintenance data provided by staff.
The citizen streets committee will be provided information from the updated Pavement Assessment
Analysis Reports and utilize this information to help develop future street recommendations to the
Town Council. The committee reviewed the scope of services for pavement assessment services prior
to it being advertised and provided input on it. At its monthly meeting on October 5, 2022, the
committee also recommended approval of the contract.
Related Ordinance, Policy or Guiding Principle
Resolution 2013-02.
Risk Analysis
Failure to secure an agreement for these services will delay the pavement management program.
Recommendation(s) by Board(s) or Commission(s)
The Citizen Streets Committee has reviewed the scope of services and recommends approval.
Staff Recommendation(s)
Staff recommends approval of Professional Services Agreement 2023-047 between the Town and
Roadway Asset Services, LLC for Pavement Condition and Evaluation Related Services.
SUGGESTED MOTION
MOVE to approve Professional Services Agreement 2023-047 between the Town and Roadway Asset
Services, LLC for Pavement Condition and Evaluation Related Services in the amount of $59,997.
Fiscal Impact
Fiscal Impact:$59,977
Budget Reference:N/A
Funding Source:Streets Fund
If Multiple Funds utilized, list here:N/A
Budgeted: if No, attach Budget Adjustment Form:N/A
Attachments
Professional Services Agreement
Scope and Fee
Form Review
Inbox Reviewed By Date
Public Works Director (Originator)Justin Weldy 10/04/2022 05:17 PM
Finance Director David Pock 10/05/2022 02:14 PM
Town Attorney Aaron D. Arnson 10/05/2022 02:17 PM
Town Manager Grady E. Miller 10/06/2022 11:27 AM
Form Started By: Justin Weldy Started On: 09/22/2022 04:43 PM
Final Approval Date: 10/06/2022
1
Contract No. 2023-047
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
ROADWAY ASSET SERVICES, 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 Roadway Asset Services, LLC, a(n) Texas limited liability company (the “Vendor”
or “Consultant”).
RECITALS
A. The Town issued a Request for Proposals, RFP No. “RFP-2022-026” (the “RFP”),
a copy of which is on file with the Town and incorporated herein by reference, seeking proposals
from vendors interested in providing Pavement Condition and Evaluation Related Services 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 of execution
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 Renewal
2
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 Proposal
attached hereto as Exhibit A and incorporated herein by reference.
3. Compensation. The Town shall pay the Vendor an amount not to exceed $59,977
(including all renewals), at the rates set forth in the Proposal attached hereto as Exhibit A and
incorporated herein by reference. Any change to the aggregate amount of the Agreement must be
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.
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
5
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
6
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
7
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
8
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.
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
10
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: Roadway Asset Services, LLC
321 W. Curry St
Chandler, Az. 85225
Attn: Bart Williamson
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
11
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]
12
EXHIBIT A
TO
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND
ROADWAY ASSET SERVICES, 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
RFP No. RFP-2022-026
Pavement Condition and Evaluation Related Services
RESPONSE DEADLINE: September 1, 2022 at 5:00 pm
Report Generated: Monday, September 19, 2022
Roadway Asset Services, LLC Proposal
CONTACT INFORMATION
Company:
Roadway Asset Services, LLC
Email:
bwilliamson@roadwayassetservices.com
Contact:
Bart Williamson
Address:
6001 W Parmer Lane
Suite 370-1102
Austin, TX 78727
Phone:
(210) 837-5249
Website:
www.roadwayassetservices.com
Submission Date:
Aug 31, 2022 4:06 PM
PROPOSAL DOCUMENT REPORT
RFP No. RFP-2022-026
Pavement Condition and Evaluation Related Services
PROPOSAL DOCUMENT REPORT
Request for Proposals - Pavement Condition and Evaluation Related Services
Page 2
ADDENDA CONFIRMATION
No addenda issued
QUESTIONNAIRE
1. Certification
By confirming questions under this section, the Vendor certifies:
NO COLLUSION*
Pass
The submission of the Proposal did not involve collusion or other anti-competitive practices.
Confirmed
NO DISCRIMINATION*
Pass
It shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246.
Confirmed
NO GRATUITY*
Pass
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
PROPOSAL DOCUMENT REPORT
RFP No. RFP-2022-026
Pavement Condition and Evaluation Related Services
PROPOSAL DOCUMENT REPORT
Request for Proposals - Pavement Condition and Evaluation Related Services
Page 3
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 Subsection 1.4 (Inquiries), above. Any attempt to influence the selection process by any
means shall void the submitted Proposal and any resulting Agreement.
Confirmed
FINANCIAL STABILITY*
Pass
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*
Pass
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*
Pass
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
RFP No. RFP-2022-026
Pavement Condition and Evaluation Related Services
PROPOSAL DOCUMENT REPORT
Request for Proposals - Pavement Condition and Evaluation Related Services
Page 4
REFERENCE CHECKS*
Pass
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*
Pass
A. One page cover letter as described in the section titled "RFP 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 Proposal.
C. Identify the location of the Vendor’s principal office and the local work office, if different. Include any documentation that
supports the Vendor’s authority to provide services in Arizona.
D. Provide a general description of the Vendor’s organization, including years in business.
E. Identify any contract or subcontract held by the Vendor or officers of the Vendor that have been terminated within the last
five years. Briefly describe the circumstances and the outcome.
PROPOSAL DOCUMENT REPORT
RFP No. RFP-2022-026
Pavement Condition and Evaluation Related Services
PROPOSAL DOCUMENT REPORT
Request for Proposals - Pavement Condition and Evaluation Related Services
Page 5
F. Identify any claims arising from a contract which resulted in litigation or arbitration within the last five years. Briefly describe
the circumstances and the outcome.
RAS'_General_Information.pdfRAS_Complete_Submission_for_Pavement_Condition_and_Evaluation_Related_Services.pdf
EXPERIENCE AND QUALIFICATIONS OF THE VENDOR*
Pass
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 Pavement Condition and Evaluation Related Services.
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.
Experience_and_Qualifications_of_the_Vendor.pdf
KEY POSITIONS*
Pass
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 staff.
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.
PROPOSAL DOCUMENT REPORT
RFP No. RFP-2022-026
Pavement Condition and Evaluation Related Services
PROPOSAL DOCUMENT REPORT
Request for Proposals - Pavement Condition and Evaluation Related Services
Page 6
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.
Key_Positions.pdf
PROJECT APPROACH*
Pass
A. Describe the Vendor’s approach to performing the required Services in the section titled Scope of Work, and its approach to
contract management, including its perspective and experience on partnering, customer service, quality control, scheduling
and staff.
B. Describe any alternate approaches if it is believed that such an approach 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
Representatives.
Project_Approach.pdf
PROJECT SCHEDULE*
Pass
Provide a project schedule showing key project milestones and deliverables. The schedule shall demonstrate Vendor’s ability to meet
the designated milestones as listed below. Assumptions used in developing the schedule shall be identified and at a minimum the
proposed schedule shall include the following dates, if applicable.
A. Proposed Kick-Off Meeting
B. Phase I Report Due Date
C. Phase I Report Presentation Date
PROPOSAL DOCUMENT REPORT
RFP No. RFP-2022-026
Pavement Condition and Evaluation Related Services
PROPOSAL DOCUMENT REPORT
Request for Proposals - Pavement Condition and Evaluation Related Services
Page 7
D. Phase II Implementation Start Date
E. Project Completion Date
Project_Schedule.pdf
PRICING*
Pass
Pricing.pdf
Town of Fountain Hills, AZ
Proposal for Pavement Condition & Evaluation Related
Services
RFP-2022-026
Prepared by:
Roadway Asset Services, LLC.
321 W Curry St.
Chandler, Arizona 85225
bwilliamson@roadwayassetservices.com
210-837-5249
General
Information
Roadway Asset Services, LLC 321 W Curry St Chandler, AZ 85225 623-640-2897
September 1, 2022
Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, AZ 85268
Cover Letter
Dear Selection Committee,
Roadway Asset Services, LLC (RAS) is pleased to submit for RFP-2022-026, Pavement
Condition and Evaluation Related Services. The RAS assigned Project Manager and Senior
Vice President, Zac Thomason, M.B.A., is thoroughly familiar with the Fountain Hills project
requirements, required analysis scenarios, ad hoc scenarios, Lucity implementation, and local
environmental conditions as he managed the Town’s last Pavement Condition Assessment. In
addition, the RAS Assistant Project Manager and Chief Data Officer Mark Kramer, P.E., is also
intimately familiar with the Fountain Hills network as he previously managed the Fountain Hills
Lucity analysis and configuration. Specifically, the RAS team will provide the following:
➢ Unrivaled Pavement Management Experience – Our firm is comprised of industry experts
assisting municipalities in the field of pavement and asset management. Throughout their
careers, the RAS leadership team has managed pavement data and ROW asset collection
for the following municipalities: Fountain Hills, AZ; Arizona DOT; Goodyear, AZ; Scottsdale,
AZ; Gilbert, AZ; Salt Lake City, UT; Denver, CO; Pueblo, CO; and Albuquerque, NM.
➢ Automated Data Collection Technology & Project Understanding – In line with the last
survey, RAS proposes the use of advanced automated data collection hardware for the
collection of 390 lane miles. RAS uses the latest technology (LCMS-2 and Ladybug 360
cameras) to collect ASTM D6433 distresses for Pavement Condition Index reporting.
➢ Lucity Expertise – RAS’ experience with the Lucity software is truly unmatched. Project
Manager, Zac Thomason, has worked with local Arizona Lucity implementations for over
17 years and Assistant Project Manager, Mark Kramer, worked
as the Director of IT at the Town of Gilbert for over 10-years
and was responsible for managing the enterprise Lucity software.
The team’s experience with Lucity spans from production loads to
the complete configuration of the Lucity operating parameters.
➢ Local Experience– With the Project Manager located at an office in Chandler, AZ and a
deep understanding of Fountain Hills’ pavement distresses and treatments, our team is
positioned for the long-term success of the Town’s pavement management program.
RAS has reviewed the RFP in its entirety and this proposal will remain valid for 180 days from
the date of submission. RAS acknowledges the posted Questions and Answers. RAS’ main
point of contact and authorized negotiator for contract terms and binding decisions is Bart
Williamson, FCLS. He can be contacted at (210)837-5249 and
bwilliamson@roadwayassetservices.com.
Sincerely,
Bart Williamson, CEO
Town of Fountain Hills
Pavement Condition and Evaluation Related Services
2
Proprietary Information
7.2.1 General Information
Roadway Asset Services, LLC (RAS) is a Texas
Engineering Firm (License #: F-22104) with a Principal Office
in Austin, TX and a Local Work Office in Chandler, AZ.
RAS offers comprehensive experience and subject matter
expertise in the fields of engineering, surveying, asset
management, transportation planning, and GIS. The RAS
executive team has managed over 100,000 miles of pavement condition survey and
ROW asset data in the last 5 years. Additionally, the RAS team has extensive
experience rating pavement per the ASTM D6433 methodology via the 100% continuous
linear coverage approach that utilizes advanced line scan laser-based technology
(hardware), powerful sensor based processing algorithms for distress quantification, and
an augmented 21st century artificial intelligence (software).
RAS is a Bronze Esri Business Partner with a leadership
team composed of seasoned pavement management
professionals who bring over 100 years of pavement
condition survey management. Throughout their careers, the
RAS leadership team has been involved in pavement condition and ROW asset surveys
for agencies of varying size across the country including:
Experience with Database Systems Like Lucity
Lucity (also known as CentralSquare) is a leading provider in Asset
Management for Public Works Departments across the Country.
Lucity allows the Town to host a main platform/application for the
management of all assets. Users of Lucity can easily identify assets
owned, understand necessary repairs to managed assets, review asset performance, and
determine the cost of replacement/treatment. Key tools include:
Community Development: With the Community Development solution, the Town
can obtain data for policy decisions, analytics, and GIS integration.
Enterprise Asset Management (EAM): EAM allows the Town to leverage GIS
technology to graphically display assets and respond to issues immediately. Town
Staff can understand how each asset affects short/long-term budgets for the
management of future expenditures
Fountain Hills, AZ
Goodyear, AZ
Denver, CO
Pueblo, CO
Memphis, TN
Arizona DOT
Albuquerque, NM
San Antonio, TX
Greenville, SC
Mesa County, CO
Scottsdale, AZ
Gilbert, AZ
Austin, TX
Grand Junction, CO
Salt Lake City, UT
Town of Fountain Hills
Pavement Condition and Evaluation Related Services
3
Proprietary Information
Citizen Engagement Software: This solution allows constituents to view service
requests and other projects for ease of mind. Town staff can process and respond
to requests faster while eliminating phone calls and manual processes.
Transportation Management: Lucity users can reduce potholes and repairs
needed with advanced insight on preventative maintenance schedules and PCI
compliance information.
Analytics: This tool allows users to create customized reports for the prediction of
future behaviors and the discovery of patterns. With the customized dashboard,
users can convert data into visualizations that provide insight into the community.
The RAS team offers the Town of Fountain Hills
unmatched subject matter expertise and knowledge
ranging from managing and delivering municipal
automated pavement data collection projects to
pavement engineering and configuration of the analysis
operating parameters of the Town’s Lucity management
system. Our team is uniquely qualified to exceed the
requirements of this project through the use of advanced
data collection technology, powerful sensor-based algorithms for distress detection,
Artificial Intelligence (AI) processing routines, and rigorous hands-on Quality Control (QC)
by an experienced pavement engineering team. The RAS team is uniquely familiar with
the Town of Fountain Hills legacy analysis configuration within Lucity in addition to local
site conditions such as the varying construction design standards related to pre-
incorporation and post-incorporation roadways. Project Manager, Mr. Thomason,
and Assistant Project Manager, Mr. Kramer, stand ready to develop custom deterioration
curves and rehabilitation activity costs for these pre-incorporation roadways.
RAS’ Legal Information and Contract History
Roadway Asset Services, LLC (legal name with EIN #85-1939454) has the following
members authorized to act on the company's behalf: Bart Williamson, CEO; Scot Gordon,
President; Zac Thomason, Senior VP; and Mark Kramer, Chief Data Officer. RAS’ retains
a Principal Work Office in Austin, TX (6001 W Parmer Lane Ste.370-1102) and a Local
Work Office in Chandler, AZ (321 W Curry St). RAS has been incorporated with the State
of Texas for two years and is registered to do business in Arizona by the Arizona
Corporation Commission (#23412705).
RAS has never been involved in litigation or had a contract terminated. We pride
ourselves on excellent communication protocols that establish mutual understanding. Our
reputation for completing projects on time and within budget has led to long-term
satisfactory relationships with our clients that result in multiple collection cycles.
Town of Fountain Hills, AZ
Proposal for Pavement Condition & Evaluation Related
Services
RFP-2022-026
Prepared by:
Roadway Asset Services, LLC.
321 W Curry St.
Chandler, Arizona 85225
bwilliamson@roadwayassetservices.com
210-837-5249
General
Information
Roadway Asset Services, LLC 321 W Curry St Chandler, AZ 85225 623-640-2897
September 1, 2022
Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, AZ 85268
Cover Letter
Dear Selection Committee,
Roadway Asset Services, LLC (RAS) is pleased to submit for RFP-2022-026, Pavement
Condition and Evaluation Related Services. The RAS assigned Project Manager and Senior
Vice President, Zac Thomason, M.B.A., is thoroughly familiar with the Fountain Hills project
requirements, required analysis scenarios, ad hoc scenarios, Lucity implementation, and local
environmental conditions as he managed the Town’s last Pavement Condition Assessment. In
addition, the RAS Assistant Project Manager and Chief Data Officer Mark Kramer, P.E., is also
intimately familiar with the Fountain Hills network as he previously managed the Fountain Hills
Lucity analysis and configuration. Specifically, the RAS team will provide the following:
➢ Unrivaled Pavement Management Experience – Our firm is comprised of industry experts
assisting municipalities in the field of pavement and asset management. Throughout their
careers, the RAS leadership team has managed pavement data and ROW asset collection
for the following municipalities: Fountain Hills, AZ; Arizona DOT; Goodyear, AZ; Scottsdale,
AZ; Gilbert, AZ; Salt Lake City, UT; Denver, CO; Pueblo, CO; and Albuquerque, NM.
➢ Automated Data Collection Technology & Project Understanding – In line with the last
survey, RAS proposes the use of advanced automated data collection hardware for the
collection of 390 lane miles. RAS uses the latest technology (LCMS-2 and Ladybug 360
cameras) to collect ASTM D6433 distresses for Pavement Condition Index reporting.
➢ Lucity Expertise – RAS’ experience with the Lucity software is truly unmatched. Project
Manager, Zac Thomason, has worked with local Arizona Lucity implementations for over
17 years and Assistant Project Manager, Mark Kramer, worked
as the Director of IT at the Town of Gilbert for over 10-years
and was responsible for managing the enterprise Lucity software.
The team’s experience with Lucity spans from production loads to
the complete configuration of the Lucity operating parameters.
➢ Local Experience– With the Project Manager located at an office in Chandler, AZ and a
deep understanding of Fountain Hills’ pavement distresses and treatments, our team is
positioned for the long-term success of the Town’s pavement management program.
RAS has reviewed the RFP in its entirety and this proposal will remain valid for 180 days from
the date of submission. RAS acknowledges the posted Questions and Answers. RAS’ main
point of contact and authorized negotiator for contract terms and binding decisions is Bart
Williamson, FCLS. He can be contacted at (210)837-5249 and
bwilliamson@roadwayassetservices.com.
Sincerely,
Bart Williamson, CEO
Town of Fountain Hills
Pavement Condition and Evaluation Related Services
2
Proprietary Information
7.2.1 General Information
Roadway Asset Services, LLC (RAS) is a Texas
Engineering Firm (License #: F-22104) with a Principal Office
in Austin, TX and a Local Work Office in Chandler, AZ.
RAS offers comprehensive experience and subject matter
expertise in the fields of engineering, surveying, asset
management, transportation planning, and GIS. The RAS
executive team has managed over 100,000 miles of pavement condition survey and
ROW asset data in the last 5 years. Additionally, the RAS team has extensive
experience rating pavement per the ASTM D6433 methodology via the 100% continuous
linear coverage approach that utilizes advanced line scan laser-based technology
(hardware), powerful sensor based processing algorithms for distress quantification, and
an augmented 21st century artificial intelligence (software).
RAS is a Bronze Esri Business Partner with a leadership
team composed of seasoned pavement management
professionals who bring over 100 years of pavement
condition survey management. Throughout their careers, the
RAS leadership team has been involved in pavement condition and ROW asset surveys
for agencies of varying size across the country including:
Experience with Database Systems Like Lucity
Lucity (also known as CentralSquare) is a leading provider in Asset
Management for Public Works Departments across the Country.
Lucity allows the Town to host a main platform/application for the
management of all assets. Users of Lucity can easily identify assets
owned, understand necessary repairs to managed assets, review asset performance, and
determine the cost of replacement/treatment. Key tools include:
• Community Development: With the Community Development solution, the Town
can obtain data for policy decisions, analytics, and GIS integration.
• Enterprise Asset Management (EAM): EAM allows the Town to leverage GIS
technology to graphically display assets and respond to issues immediately. Town
Staff can understand how each asset affects short/long-term budgets for the
management of future expenditures
•Fountain Hills, AZ
•Goodyear, AZ
•Denver, CO
•Pueblo, CO
•Memphis, TN
•Arizona DOT
•Albuquerque, NM
•San Antonio, TX
•Greenville, SC
•Mesa County, CO
•Scottsdale, AZ
•Gilbert, AZ
•Austin, TX
•Grand Junction, CO
•Salt Lake City, UT
Town of Fountain Hills
Pavement Condition and Evaluation Related Services
3
Proprietary Information
• Citizen Engagement Software: This solution allows constituents to view service
requests and other projects for ease of mind. Town staff can process and respond
to requests faster while eliminating phone calls and manual processes.
• Transportation Management: Lucity users can reduce potholes and repairs
needed with advanced insight on preventative maintenance schedules and PCI
compliance information.
• Analytics: This tool allows users to create customized reports for the prediction of
future behaviors and the discovery of patterns. With the customized dashboard,
users can convert data into visualizations that provide insight into the community.
The RAS team offers the Town of Fountain Hills
unmatched subject matter expertise and knowledge
ranging from managing and delivering municipal
automated pavement data collection projects to
pavement engineering and configuration of the analysis
operating parameters of the Town’s Lucity management
system. Our team is uniquely qualified to exceed the
requirements of this project through the use of advanced
data collection technology, powerful sensor-based algorithms for distress detection,
Artificial Intelligence (AI) processing routines, and rigorous hands-on Quality Control (QC)
by an experienced pavement engineering team. The RAS team is uniquely familiar with
the Town of Fountain Hills legacy analysis configuration within Lucity in addition to local
site conditions such as the varying construction design standards related to pre-
incorporation and post-incorporation roadways. Project Manager, Mr. Thomason,
and Assistant Project Manager, Mr. Kramer, stand ready to develop custom deterioration
curves and rehabilitation activity costs for these pre-incorporation roadways.
RAS’ Legal Information and Contract History
Roadway Asset Services, LLC (legal name with EIN #85-1939454) has the following
members authorized to act on the company's behalf: Bart Williamson, CEO; Scot Gordon,
President; Zac Thomason, Senior VP; and Mark Kramer, Chief Data Officer. RAS’ retains
a Principal Work Office in Austin, TX (6001 W Parmer Lane Ste.370-1102) and a Local
Work Office in Chandler, AZ (321 W Curry St). RAS has been incorporated with the State
of Texas for two years and is registered to do business in Arizona by the Arizona
Corporation Commission (#23412705).
RAS has never been involved in litigation or had a contract terminated. We pride
ourselves on excellent communication protocols that establish mutual understanding. Our
reputation for completing projects on time and within budget has led to long-term
satisfactory relationships with our clients that result in multiple collection cycles.
Experience and
Qualifications
of the Vendor
Town of Fountain Hills
Pavement Condition and Evaluation Related Services
4
Proprietary Information
7.2.2 Experience and Qualifications of the Vendor
The RAS executive team is comprised of established industry veterans who have
dedicated their careers to the field of pavement and asset management. RAS team
members have performed over 200 pavement and asset management projects in the last
5 years in accordance with ASTM D6433 and AASHTO R 57. RAS offers the Town the
most experienced data collection team to provide assurance that the collection and
processing of data will be delivered on schedule. We have an outstanding record of
completing projects of similar size and scale, on time and within budget. The RAS team
advantage to the Town of Fountain Hills is as follows:
• Municipal Experience – Unlike many other proposing firms, RAS exclusively
performs Pavement Condition Assessments for municipalities of varying sizes.
RAS has completed or is currently completing pavement condition assessments
for Arizona Department of Transportation (ADOT); Denver, CO; Salt Lake City, UT;
Albuquerque, NM; Grand Junction, CO; New Braunfels, TX; Charlotte, NC; Austin,
TX; and Memphis, TN.
• Advanced Laser Technology – RAS uses the most advanced 3D surface
imaging technology available in the marketplace. The Laser Crack Measurement
System (LCMS-2) technology and 360 Degree Camera for ROW Assets (Ladybug
panoramic imagery) represent the most sophisticated hardware available for
objective and repeatable condition assessments. The combination of
technology/software will be utilized for the pavement condition assessment and
the collection of street segment attributes.
• Innovative Repair Analysis Scenario & Optimization – Project Manager, Zac
Thomason, is familiar with the Town’s requirements for multi-year planning and
repair recommendations as he managed the Town’s previous pavement condition
project. An innovation that Mr.
Thomason and Mr. Kramer would like to
reimplement in the Town’s version of
Lucity is the distinction between the pre-
incorporation and post-incorporation
roadways. The pre-incorporation
roadways have a unique design and
cross section that should be modeled
with their own deterioration curves and
more importantly, their own set of
rehabilitation activity unit rates.
• Field Pilot – One unique feature provided by the RAS team is the dedication to
quality, which is initiated through a field pilot study at the beginning of the project.
During the field pilot study, RAS’ Project Manager, Zac Thomason, MBA, and
Senior Pavement Engineer, Scot Gordon, PE, IAM, will review site conditions on
Town of Fountain Hills
Pavement Condition and Evaluation Related Services
5
Proprietary Information
select roadways (approximately 10-miles of roadway) with Town Staff for
acceptance before the network wide pavement analysis is completed. Further
information on the RAS field pilot can be found on page 15 of this submission.
In addition, the Town of Fountain Hills roadways often suffer from oxidative
damage before load associated challenges arise. Therefore, it is imperative that
the configuration of Lucity mimics the Town’s adopted preservation strategy and
surface treatment program of applying Slurry seals in the appropriate sequence.
However, the system should also be flexible enough to accommodate for newly
innovative preservation activities that the Town may not yet be harnessing.
Lastly, Mr. Thomason and Mr. Kramer fully integrate the power of financial
optimization through the Lucity system’s ability to identify Critical Roadways (those
getting ready to drop into next rehab activity) and sequence them by their cost of
deferral. Optimization is described in more detail on page 22 of this submission.
Experience in Providing Services to Municipalities
Unlike many other proposing firms, RAS is solely dedicated to providing pavement and
asset management services to agencies throughout the Country. Throughout the last 2
years, RAS has worked with various municipalities and departments to improve the
overall street networks. Below, is a sample list of completed and active projects and their
associated scope of work.
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Pavement Condition and ROW Asset Survey 5,150 Charlotte, NC X X X X X X X
Pavement Data Collection 5,000 Arizona DOT X X X X
Pavement Condition and ROW Asset Survey 4,548 Albuquerque, NM X X X X X X X X X
Pavement Data Collection 3,750 Austin, TX X X X X X X
Traffic Sign Data Collection 3,750 Austin, TX X X X X
Pavement Data Assessment 3,086 Denver, CO X X X X X X X X X
Pavement Condition Survey 3,048 Memphis, TN X X X X X X X X
Pavement Evaluation and ROW Asset Services 1,594 Corpus Christi, TX X X X X X X X X X
Pavement Condition Assessment 1,500 Sarasota County, FL X X X X X X X X
Pavement Condition Survey and ROW Asset Inventory 1,023 Durham, NC X X X X X X X X X
Pavement Condition Survey 730 Salt Lake City, UT X X X X X X X X
Pavement Condition Survey 654 Pueblo, CO X X X X X X X X
Pavement Data Survey and ROW Asset Inventory 618 Denton, TX X X X X X X X X X
Pavement Condition and Inventory Survey 608 Greenville, SC X X X X X X X X X
Pavement Condition Survey 473 Kingsport, TN X X X X X X X X
Pavement Condition Survey and ROW Asset Inventory 460 New Braunfels, TX X X X X X X X X X
Pavement Data Collection 286 CTRMA X X X X X X X
Professional Asset Management Services N/A San Antonio, TX X X X
Pavement Condition Survey
Project Client Name
Town of Fountain Hills
Pavement Condition and Evaluation Related Services
6
Proprietary Information
Sample Projects and References
City of Salt Lake City, Utah – Pavement Condition Survey
RAS performed a pavement condition survey for
Salt Lake City’s 730 test mile network. RAS
provided GIS based deliverables and formatted
data for an import into Cartegraph. RAS assisted
City staff in presenting data to City Council
regarding various funding amounts and strategies
for improving the City’s PCI and its level of service.
Prior to data collection, Mr. Rivera worked with the
City’s GIS staff to identify the appropriate mileage
for collection and review of the GIS segmentation
provided in the City’s database. Appropriate
segmentation was laid out based on a crossroad-
to-crossroad section divider. A 10-mile pilot was
conducted for early collection to validate the
accuracy of the assessment deliverables.
The evaluation project also included a technical
report presenting the predominant distresses,
statistical analysis of the condition results, and
repair recommendations. The report provided
results based upon surface type and division of
functional classification. The results presented in
the database and report were used to develop a
cost-effective approach to maintenance,
improving the City’s preservation techniques, and
optimizing budgetary expenditures.
RAS collaborated with the City during this project
to review and compare the City’s historical
condition data from 2017 with the data collected in
the current evaluation. The purpose of this
exercise was to update the existing pavement
deterioration curves within the Cartegraph system.
The City uses Cartegraph OMS as their pavement
management system to manage pavement
condition data, track maintenance activities,
develop models for prediction of future
performance, produce budget scenarios, and
evaluate future funding requirements.
Time Period of Project
September 2021- June 2022
Project Budget
$202,975
Responsibilities
-Pavement Evaluation -PCI
-IRI Measurement -GIS
-Deterioration Curves -Cartegraph
-Video Logger
Client Name and Contact
David Jones, Program Manager
City of Salt Lake City
2001 S State Street N3-600
Salt Lake City, UT 84190
801-535-6425
David.jones@slcgov.com
RAS Role
RAS served as the Prime Contractor
RAS Team Members
Scot Gordon, Project Engineer
Zac Thomason, Assistant Project
Manager
Bart Williamson, Project Principal
Mark Kramer, QA/QC Manager
Rafael Rivera, Data Collection
Manager
Town of Fountain Hills
Pavement Condition and Evaluation Related Services
7
Proprietary Information
Albuquerque, NM – Pavement Condition Survey & ROW Asset Inventory
RAS completed a pavement condition survey for
the City’s 4,548 lane mile network of roadways and
alleys. In accordance with ASTM D6433, RAS
completed the survey using its fleet of RAC
vehicles. The RAC vehicle drove all roads in both
directions to provide the most expansive collection
for the City. Additionally, RAS completed an
extensive ROW inventory and condition
assessment of the following assets for the City:
traffic signs, pavement markings, pavement
striping, sidewalks, ADA ramps, driveways,
bike lanes, curb and gutter, guardrail,
streetscapes, traffic calming devices, polygon
mapping, control boxes, backflows, and
electrical/water meters.
Imagery for pavement evaluation and asset
extraction was captured with the RAC automated
data collection vehicle. The RAC vehicle is
equipped with a second-generation Laser Crack
Measurement System (LCMS-2) for automated
pavement data acquisition, Ladybug 360 camera
system for capturing right-of-way imagery, and a
laser profiler that includes two-line lasers for
capturing roughness and ride data. The project
provided efficient and cost-effective data extraction
in a GIS environment that was seamlessly
integrated into the City’s VUEWorks asset
management software system.
For the traffic sign inventory, RAS extracted nearly
90,000 signs and provided the City with the
following attributes: Asset ID, X,Y location, MUTCD
code, sign text, photo image link, physical condition
rating (good, fair, poor), location, post total, sign
facing direction, travel direction, obstructions,
legend color, back color, hump case, support
structure type, and comments.
Time Period of Project
March 2021- July 2022
Completion
Completed on time and within
budget
Project Budget
$2,841,146
Responsibilities
-Pavement Evaluation -PCI
-IRI Measurement -GIS
-Review Soil Conditions -PMS
-Video Logger -ROW
-Deterioration Curves
Client Name and Contact
Doug Rizor, Systems Programmer
City of Albuquerque
1 Civic Plz NW #7057
Albuquerque, NM 87102
505-366-4020
rizor.d.abq@gmail.com
RAS Role
RAS served as the Prime Contractor
RAS Team Members
Scot Gordon, Project Manager
Zac Thomason, Assistant Project
Manager
Bart Williamson, Project Principal
Rafael Rivera, Data Manager
Mark Kramer-QA/QC Manager
Town of Fountain Hills
Pavement Condition and Evaluation Related Services
8
Proprietary Information
Durham, North Carolina – Pavement Condition Survey
RAS performed a pavement condition survey for
the City of Durham’s 1,540 lane mile network. The
project consisted of a PCI Survey and ROW asset
inventory covering traffic signs, curb and gutter,
and crosswalk slopes. Data collection for the
pavement condition survey was completed with
RAC vehicles, in accordance with the ASTM
D6433. The RAC vehicle is equipped with an
inertial profiler for Roughness and Ride
measurements, a second-generation Pavemetrics
Laser Crack Measurement System for pavement
imagery, Point Gray Ladybug 5+ 30 MP 360
camera for asset capture, and an Applanix
POS/LV for capturing GPS coordinates. Following
collection, data was imported into PAVER.
36,416 traffic signs were inventoried and assessed
with the following attributes for each sign including:
X,Y location, street name asset is located on,
Asset ID, Facility ID, photo image link, MUTCD
code, physical condition rating (good, fair, poor),
and support type. RAS also assessed curb and
gutters for 1,075 lane miles and provided the
following attributes: Asset ID, Facility ID, photo
image link, physical condition rating (good, fair,
poor), painted color, and material type. Lastly,
RAS inventoried 1,229 crosswalks.
As the Project Manager, Mr. Gordon met with the
engineering staff to refine budget requirements
and develop a 10-year maintenance plan to
improve the efficiency of treatments and decrease
the necessity for additional funds. After presenting
results to the engineering staff, Mr. Gordon met
with the City Council during budget planning
meetings to present the findings and the
recommended maintenance plan.
Time Period of Project
July 2021- December 2021
Completion
Completed on time and within
budget
Project Budget
$374,712 2021
Responsibilities
-Pavement Evaluation -PCI
-IRI Measurement -GIS
-Review Soil Conditions -ROW
-Deterioration Curves
Client Name and Contact
Clint Blackburn, Project Manager
City of Durham
101 City Hall Plaza, Ste. 3100
Durham, NC 27701
704-301-7193
clint.blackburn@durhamnc.gov
RAS Role
Key Members worked at RAS
RAS Team Members
Scot Gordon, Project Manager
Bart Williamson, Assistant Project
Manager
Rafael Rivera, Data Collection
Manager
Sandra Marrero, Pavement
Engineer
Mark Kramer, QA/QC Manager
Key Positions
Town of Fountain Hills
Pavement Condition and Evaluation Related Services
9
Proprietary Information
7.2.3 Key Positions - Roles and Responsibilities
Organizational structure is important to understand as it can often shed light on whom a
municipal agency will really be working with on any given assignment. While the Town
can select any qualified data collector as a short-term vendor, RAS prefers to develop
long term consultative relationships with our clients that result in turn-key pavement
management implementations that exceed client expectations. The key personnel
assigned to this project are all long-time veterans of the industry and have extensive
experience in pavement distress field rating, Pavement Condition Index (PCI) processing,
multi-year prioritization, Lucity configurations, and custom database integrations.
The RAS team is composed of industry experts that provide Best-in Class pavement
management programs. The RAS team uses previously established roles to ensure
seamless transition of project ownership. Role assignments are as presented below:
• Project Manager: Zac Thomason, MBA, has over 16 years of experience in
pavement management, ASTM D6433 automated data collection, financial
optimization, and complete Lucity integration. Mr. Thomason has managed the
previous pavement condition project for the Town and provided ad-hoc and on-call
services for the Town as it relates to multi-year planning, repair recommendations,
budget optimization, and Town Council Meetings. Mr. Thomason will deliver final
reports and establish channels of communication between the Town’s Staff and
Town of Fountain Hills
Pavement Condition and Evaluation Related Services
10
Proprietary Information
the RAS Team. Mr. Thomason will also provide analysis scenarios and Lucity
training for the Town’s Staff. Lastly, due to his local presence, Mr. Thomason will
attend Town meetings in person and be onsite during the field pilot review with
Senior Pavement Engineer, Scot Gordon.
• Assistant Project Manager: Mark Kramer, PE, MBA, has 24 years of experience
in automated data processing routines, commercial off-the-shelf software, data
management, pavement analysis, and data integration. Mr. Kramer worked with
the Town during the previous pavement condition survey to load the inspection
data to Lucity, configure the operating parameters of the analysis, and run the
Lucity budgetary modeling. Mr. Kramer will provide QA/QC checks of data to
ensure that automated interpretations of distresses match what is visually
represented. As an optional service, Mr. Kramer could also provide onsite Lucity
training if this is not supplied by CentralSquare representatives.
• Project Principal: Bart Williamson has over 30 years of project insurance and
management experience and has worked in the transportation industry for over 16
years. Mr. Williamson will coordinate project needs and resources to ensure high-
quality deliverables are received in a timely manner.
• Senior Pavement Engineer: Scot Gordon, PE, IAM, has over 30 years of
licensed Professional Engineering experience in pavement engineering, design,
and transportation planning. Mr. Gordon will review distress interpretations and
provide expertise in pavement management optimization. Mr. Gordon will perform
a 10-mile field pilot study to make necessary corrections to processing routines
and review quality assurance measures with the Town’s Staff.
• Data Collection Manager: Rafael Rivera has 12 years of experience in
automated pavement and ROW data collection field efforts. Mr. Rivera is
responsible for updating schedules based on collection status, overseeing the daily
operation crew, and initiating/reviewing the evaluation process for pavement and
ROW assets.
• Project Engineer: Sandra Marrero, EI has 8 years of experience evaluating
pavement conditions, processing pavement ratings, preparing reports, and
performing maintenance budget scenarios. Ms. Marrero will assist in the
development of a final report.
Project
Approach
Town of Fountain Hills
Pavement Condition and Evaluation Related Services
11
Proprietary Information
7.2.4 Project Approach
Project Understanding
RAS understands the Town of Fountain Hills is seeking a qualified vendor to conduct a
block-to-block pavement condition assessment on 390 lane miles of roadway. The
pavement condition assessment will be conducted utilizing a Roadway Asset Collection
(RAC) vehicle that is equipped with the most advanced 3D surface imaging technology,
IMU enabled GPS, differential encoder, and a Ladybug 360 degree camera for ROW
capture. RAS will calculate an ASTM D6433 Pavement Condition Index (PCI) score using
the extent and severity distress data captured in the field. While conducting the pavement
condition assessment and listed as an optional service in the RAS fee structure, the RAC
vehicles can also capture ROW attributes for traffic signs, pavement markings, excess
pavement in the gutter pan, and speed humps.
The pavement data will be processed per
street segment for the entire roadway
network using the continuous and detailed
20-foot linear samples acquired by the RAC
Laser Crack Measurement System (LCMS-
2) vehicle. RAS will adopt the Town’s
existing GIS centerlines and Segment ID’s
that were assigned during the last round of
data collection. As conducted on previous
assignments in Fountain Hills, the RAC
vehicle will two pass test arterials and collectors while single pass testing residential
roadways, resulting in approximately 203 survey miles.
The detailed data collected by the RAC vehicle will eventually be rolled up to the segment
level for PCI reporting purposes. The Town will receive the condition and analysis results
in several formats such as Excel Spreadsheets, geodatabases for plotting within a GIS
environment, ESRI Storymap’s, and an RAS Microsoft Power BI Dashboard that displays
the results of the Lucity analysis using presentation quality graphs and illustrations.
Pavement Data Collection Equipment
To complete the automated pavement condition survey, the RAS team will utilize RAC
vehicles from the fleet of four (4), equipped with:
• The LCMS-2 camera is a downward-facing laser array providing images used to
evaluate data that conforms with ASTM D6433 protocols, which uses two 1-
millimeter-pixel resolution line scan cameras to provide a customized digital
condition rating system to collect user defined severity/extent-based
pavement distresses and rutting.
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• The pavement distress type, density, severity, and extent are collected with the
LCMS-2 and are used to calculate a Pavement Condition Index (PCI) score,
between 0-100, that represents the condition of 100% of the driven lanes.
• Point Gray Ladybug 5+ 32MP 360-degree High-Definition camera (utilized for
accurate ROW asset capture, extraction, and pavement QA/QC) is far superior
to multiple independently mounted HD cameras.
• Linear distance measuring to within +/-0.5%.
• A class 1 inertial profiler for simultaneously capturing
dual-wheel path (left and right) International Roughness
Index (IRI) measurements to the hundredth inch, in
accordance with AASHTO R48. The profiler has gone
through ASTM E-950 certification and has been
independently certified by Texas A&M Transportation
Institute (TTI) and the National Center for Asphalt
Technology (NCAT). The inertial profiler meets the
requirements and operates in accordance with AASHTO Standards M 328, R 57-
10, R 56-10, and R43M/R43-7.
• Applanix POS/LV with DGPS (Provides accurate internal GPS navigation for
geo-locating pavement and right of way asset information).
All subsystems for the RAC vans are integrated using tight synchronization between all
data streams on the truck in real-time, referenced to both time and distance. All sensor
locations are coordinated to the vehicle’s reference point, together with the GPS
and IMU hardware, using 3D translations and rotations. This allows the final world
coordinates of all sensor data streams to be calculated and integrated. The methods for
automated data collection and pavement condition rating are repeatable and defensible.
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RAS is fully capable of meeting the scope requirements as our team owns four (4) RAC
vehicles and retains a strategic partnership with our equipment manufacturer and
assembler that can result in mobilizing as many LCMS-2 vehicles as needed for a
reasonable project completion timeline. RAS’ access to state-of-the-art equipment
ensures project timeline goals are met as the team can supplement additional RAC
vehicles or transfer equipment at a moment’s notice for instances of equipment
malfunction. Our fleet of RAC vehicles provides the Town an additional line of
security, as the equipment is less than a year old.
Collection and Provision of High-Resolution Panoramic Digital Imagery
The RAS team will utilize RAC vehicles to conduct the pilot and network wide pavement
and asset data collection on the Town’s maintained road network. All collected pavement
and ROW imagery will be provided in appropriate state plane coordinates, while being
collected in a continuous pass at posted roadway speeds. The high-definition panoramic
Ladybug camera will be used to inventory and capture right-of-way (ROW) assets for
extraction of pavement markings, speed humps, traffic signs, and other assets if selected
by the Town. All captured images will be delivered to the Town in .jpeg format and
processed at 15-25ft intervals for the entire survey area. The images will be collected
as a 360-degree right-of-way panorama, including forward, rearward, and
downward pavement viewing images. Each image will be electronically tagged with
location information for plotting within a spatial environment. Traffic control will not be
required since the RAC vehicle will collect all data in motion and is not required to stop or
disrupt traffic during operation. As a value added service, RAS believes that delivery
of ALL Image Views is paramount to Town review and as such all imagery
(including the LCMS downward imagery) will be delivered to the Town of Fountain
Hills at no additional cost.
Sample Imagery of ALL Views Delivered to Town at No Charge
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Detailed Quality Assurance & Quality Control Work Plan
While the 10-mile pilot hosted by Scot Gordon and Zac
Thomason will illustrate the completeness and accuracy of the
RAS data stream. RAS has also developed a detailed 30-page
Data Quality Management Plan (DQMP) to provide our clients
with a systemized method for assuring data is representative of
the conditions present. Included in the DQMP is a description of
condition survey procedures, data collection vehicle and system
calibration/verification, range of accuracy, data checks,
verification by trained engineers, roadway segment
review/verification, and integration into asset management
programs.
All RAS projects include the establishment of a field pilot study that allows the collection,
processing, and review of condition data to ensure data is representative of the
expectations and needs of Town staff. Following this step, corrections to processing
routines are made based on standard construction practices/soil conditions. The focus on
data quality at the initiation of the project saves the Town time/money and provides high-
quality deliverables that can be utilized in practice. We can supply the Town of Fountain
Hills with our published 30-page DQMP at the request of Town Staff. The documents length
and technical nature didn’t make it suitable for inclusion with this proposal submission.
Quality Assurance Step #1 – Network Database Review (Gap Analysis)
While a simple routine in every project, the cornerstone to project initiation is conducting
a complete diagnostic of the roadway network, including a full and thorough assessment
of the Town’s GIS centerline and Lucity inventory database. This will include a review of
the Town’s data requirements (i.e., what information is needed/desired) and subsequent
data gap analysis (what is missing).
RAS will include the following in this initial review:
a. Base inventory information, (i.e., Functional Class, lengths, areas, surface type,
etc.)
b. Historical condition information
c. Status of survey history
d. Construction and maintenance history
e. Review & update of maintenance and rehabilitation treatments and unit costs
f. Review & update of existing pavement deterioration curves
g. Review & update of Lucity analysis operating parameters to ensure the Town is
maximizing the latest updates
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Quality Assurance Step #2 – Mobilization/Calibration/Pilot/Kickoff
At the outset of the project, RAS will work in conjunction with the Town’s Staff to review
the Town’s existing GIS centerline files and legacy Lucity Street Segment Inventory for
use in this project. After an initial review, RAS will conduct a kickoff meeting with Town
staff to discuss the GIS files, deliverable formats, and additional data needed by RAS for
preparation, process for interim review, and project administration. During the kickoff
meeting, team members will also determine a pilot area of approximately 10 miles
for collection and review of all
deliverables by Town Staff, obtain a
collection letter, and determine areas
that are of greatest priority for collection
or that require special timing for
collection due to festivals such as
Fountain Hills Music Festival, Ballet
Under the Stars, Turkey Trot, or other
events.
The importance of the field pilot cannot be understated
as it has become a routine milestone for the RAS Team
on all pavement condition projects. The pilot allows RAS
to collect, process, and review condition data with Town
Staff to ensure accuracy with the data collection and
interpretation protocols. In addition to the Town’s
eventual review of the 10-mile pilot data, the review of
the RAS condition data will be hosted by Senior Pavement Engineer, Scot Gordon,
PE, IAM, and Project Manager, Zac Thomason, in the field, where they will review
site conditions with Town Staff. The importance of this step is to make necessary
corrections to the processing routines that result from local standard construction
practices/soil conditions and to ensure accuracy with the approach.
As a cornerstone to the development of quality data deliverables, Scot Gordon, PE has
performed a pilot data field validation with agency staff on hundreds of pavement
condition surveys. Throughout his career, Scot has worked with various agencies on the
field pilot data validation including but not limited to:
• San Antonio, TX
• Houston, TX
• Durham, NC
• Virginia Beach, VA
• Chicago MAP, IL
• Indianapolis, IN
• Fort Worth, TX
• Salt Lake City, UT
• Corpus Christi, TX
• Denver, CO
• Albuquerque, NM
• Charlotte, NC
“The pilot data field validation was crucial to our
acceptance and buy-in on our pavement quality
assessment. Mr. Gordon explained each condition, the
methods of measurement of the distresses, and how the
PCI score calculations could help us understand the
meaning and relationship of the values to our perceptions
of pavement performance. This personalized process
allowed us to make maintenance decisions from the data
provided with confidence.” Zayne Huff, City of Southlake
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Quality Assurance Step #3 – Subsystem Monitoring In The Field
During the survey, the collection software monitors
the GPS subsystems and alerts the operator if the
GPS feed drops out or if GPS quality is
compromised. It displays the satellite count, which
should normally remain above four (4). If the satellite
count falls below that threshold due to the vehicle
entering a tunnel, driving under a bridge, or driving
in a region with tall buildings, this will be displayed
for the operator. The IMU will provide acceleration-based corrections during this time to
ensure that GPS accuracy is maintained as much as possible. Depending on the grade
of IMU used in the system, even total GPS outages of 1-3 minutes can be tolerated with
almost no degradation in positional accuracy.
The collection software monitors the status of the subsystems that have been installed
and enabled. A summary screen is displayed for the operator which shows representative
data values and images in real-time, along with any warnings or errors being generated
based on real-time diagnostics. As part of standard practice, the operator continuously
monitors the validity of data being reported by the quality monitoring systems.
The RAS team will also review a randomized sample of images to ensure that it complies
with the requirements of the specifications throughout the course of the network matching
and event QC. Upon completion of the network matching, an image report shall be
generated with the total image count compared with that expected for each road. Daily
Progress Reports are produced by uploading sensor, GPS, and event data and matching
against the road network definition. Progress reports include the following, road sections
collected, length discrepancies, and remaining sections to be completed.
Calibration of the laser profiling system includes laser sensor checks and block tests to
ensure the accuracy of the height sensors, accelerometer calibration “bounce tests” to
verify proper functioning of the height sensors and accelerometers, and distance
calibration to ensure accuracy of the DMI. Calibration of the DMI and some accelerometers
occurs during field testing, and each is checked and recalibrated on a regular basis.
RAS has a proven Quality Assurance/Quality Control procedure for all RAC
projects that begins with our Data Quality Management Plan (DQMP). The systems
and data types collected by the RAC vehicle are:
• Vehicle Travel Distance from Distance Measurement Instrument (DMI)
• Vehicle Position from differentially corrected GPS (DGPS)
• Vehicle Orientation (pitch, heading, roll) from the Inertial Measurement Unit (IMU)
• Longitudinal Profile Roughness (IRI)
• Ladybug 5+ 360-degree Images
• Laser Crack Measurement System (LCMS) 2D and 3D Images
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Quality Assurance Step #4 – Automated Crack Analysis & Engineer Review
After data is collected in the field and
uploaded to the office environment, it is
imported using the RAS pavement rating tool
Road TRIPTM (Technical Rating
Intelligence Program). The import process
creates mappings to the data so that users do
not need to keep track of where the data is
stored on central data server(s). At this stage,
the major data processing tasks also occur,
such as generation of right-of-way and pavement image streams; calculation of profile,
roughness, rutting, detection of cracks, lane-markings, man-made objects, and other
distresses. The automated crack analysis detects cracks which are overlaid on the
pavement images and offset to assist with the verification of the detected cracks. During
reporting, the distress cracks are defined by road zone and accumulated according to the
units defined in the client specification. The severity levels are identified based upon the
defined limits (ASTM D6433) and verified for resolution through visual quality control
checks of image files. Where density metrics are required, these are determined using
the length of the interval being reported and the width of road zones included.
An experienced pavement inspector will
perform QC to confirm the distresses
and severity of the pavement condition
data collected by the automated
technology. This manual quality review
is performed, in accordance with the
principles of the ASTM D6433 standard,
using the LCMS pavement images
gathered during collection with the
distresses superimposed and color
coded, such as what can be seen in the
corresponding image. The RAS
approach is truly a combination of objective based laser sensors, powerful
algorithms, artificial intelligence (machine learning), and personal review by a
Professional Engineer.
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Optional Row Asset Data Collection
The panoramic ROW images from the Ladybug 360 camera
system will be provided as an additional database submitted
in a GIS compatible shapefile and/or geodatabase. These
images will be captured for all selected assets within the
Town’s maintained roadways and will include detailed
attributes and conditions for potential assets such as:
pavement markings, pavement striping, speed humps, traffic
signs, and can be expanded to virtually any other asset that
can be identified in the HD 32MP imagery.
With input from Town staff, the following attributes for
pavement markings will be identified: AssetID, X,Y location,
photo image link, type (left/right/straight arrow, only, xing,
bike, lane, merge left/right arrow, slow, etc.), marking color, and physical condition (good,
fair, poor). Additionally for pavement striping typical attributes also include length, width
and lane configurations.
The HD images can then be post-processed using RAS software to collect attributes for
each asset type captured. For example, Traffic signs/supports, which are listed as a
point feature, are commonly captured with the following attributes (the final list of
attributes will be determined
with input from the Town staff):
AssetID, X,Y location, sign type
(MUTCD code), sign text,
photo image link, physical
condition rating (good, fair,
poor), location, support
structure type, sign direction,
and comments.
The RAS asset extraction
system is not limited to these
assets as we can inventory and
extract attributes on nearly any
asset that can be identified in
the images. Other common
roadside features for capture
include sidewalks, pedestrian
curb ramps, curb/gutter, traffic signals, streetlights, fire hydrants, bus stop shelters,
medians, and many others.
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Data Preparation, Delivery, & Import into the Lucity Software
As a strategic business partner of Lucity, the RAS team is commonly tasked with
importing new pavement inspection data into an agency’s production Lucity environment.
The RAS team has a strong working relationship with Jim Muller, CentralSquare Account
Executive, Steve Schultz, CentralSquare Product Manager, and Matt Miner,
CentralSquare Principal Solutions Architect, who are intimately familiar with the Lucity
pavement module and RAS integration routines.
A typical Lucity import happens in two phases as follows:
Phase I: Test Environment – most
agencies operating an enterprise system
such as Lucity have a test environment
specifically set up for vendors to test a
data load prior to moving into production.
During this stage, the RAS team formats
the segment level distress extent and
severity data for import into the Lucity
pavement module software. The data is
loaded as a new inspection such that it
DOES NOT overwrite any legacy data within the software. Old inspections are retained
and simply no longer utilized for budgetary modeling purposes.
Data formats for Lucity users include rolling up the RAS detailed inspection data to match
the Town’s Lucity segmentation and ensuring all data is linked to the appropriate
SegmentID. The distress types are confirmed to be in the correct order and distress
density data (PCI, RI, and optional SI) populated. In addition, the Lucity GIS Manager
will be validated to ensure it retains full synchronization with the implemented Lucity
database. While RAS routinely imports data to Lucity, we find it imperative to begin with
a test environment to fully ensure data integrity.
Phase II: Production Environment – Upon completion of the import to the test
environment, the RAS Team has our Lucity support team review the loaded data to
ensure there are no gaps in the
data structure or format. Upon
acceptance of Lucity, the RAS
team moves the database into
the Town’s production
environment, generally in off-
hours to ensure minimal
downtime for Town Staff and
Services. RAS has the team,
resources, and expertise to
conduct a seamless production load to Lucity.
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RAS Lucity Configuration Workflow
While running the models themselves might seem straight-forward, the RAS approach to
such an analysis involves the following sequences and client engagements during the
process:
• Current database review – most issues can be resolved at the initiation of a
project by completing a brief review of the Town’s existing GIS centerlines and
Lucity inventory setup. All RAS projects begin with a review by our Project
Manager, Zac Thomason. Given Mr. Thomason’s familiarity with the Town’s
legacy inventory and Lucity analysis parameter setup, he will discuss the current
inventory and configuration adoption with Town staff. Any recommended changes
to the segmentation or budgetary model configuration will be discussed at this
stage.
• Maintenance & Rehabilitation Setup – to ensure the results of the budget model
runs meet the Town’s expectations, Mr. Thomason and Mr. Kramer will discuss
the Town’s current Maintenance and Rehabilitation practices to ensure the Lucity
system is setup to mimic/model real world practices. This includes reviewing
Min/Max PCI, Breakpoint PCI, decision trees for treatments, costs, and reset PCI
values. As a Professional Engineer with extensive pavement experience, Mr.
Kramer is well versed with the application of pavement rehabilitation techniques,
trigger points, real-world impact to PCI, and life cycles. As a part of this process,
RAS will work with the Town to
determine the right treatment
(prescription) at the right time.
RAS can also discuss other
treatments that the Town may or may
not be using, their benefits, their
return on investment, and their
adoption across the Country. The
results of the scenarios would include
investment benefit information
indicating the cost per square foot of
benefit for each maintenance strategy
based on maintenance rehabilitation
costs. This can be reported in a number of ways, but most commonly as the cost
per square foot to increase the PCI by increments of 1 point.
• Deterioration Curves – forecasting pavement conditions within Lucity requires a
detailed set of pavement deterioration curves for each roadway traffic
classification, pavement material type, and strength designation. Mr. Gordon,
Senior Pavement Engineer, will review the existing deterioration curves to ensure
they reflect realistic degradation rates in the Town. If alterations to the curves are
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necessary, Scot will lead the update with the team prior to the production data load
into Lucity. Scot Gordon and the RAS team have developed hundreds of
deterioration curves based on collected data. Scot will work with the historical
data from Fountain Hills, along with the collected data from this project, to develop
updated and further refined deterioration curves for each combination of street
classification and pavement surface type, representative of the Arizona climate.
RAS has protocols in place
that preserves historical
collection data and utilizes
past surveys to assist in
modeling through
documenting the change in
conditions between past
surveys and the current
collected data. RAS can make
the comparisons between the
surveys easily viewable for
Town staff to determine if outliers exist. An example of data integration between
collection cycles comes from Scot and the RAS Team’s work with the City of San
Antonio, Texas. Scot provided the City a method to determine the age of each
pavement section and refine the deterioration curves by evaluating the decrease
in PCI per year from historical pavement evaluation data. The delta decrease, or
difference in PCI value per year, along with the range of PCI value of the roadway
provided guides to shape the deterioration curve at each age.
• Supersegment Development – the Lucity pavement module runs budgetary
models using a “Supersegment” layer within the application, which is simply
individual segments stitched together to form a logical project or management
section. The benefit of this Supersegment feature within Lucity is that it runs the
budgetary scenario at the project level, producing real-world rehabilitation plans
that are ready for Town review, modification, or acceptance. The RAS team will
also provide recommendations to Town staff for best practices in developing
practically sized Supersegments to
yield model results that can be acted
upon. Typical constraints used when
building Supersegments includes
relative condition, classification, and
an upset limit to prevent projects from
becoming too large. A Microsoft
Access database of the final
configuration, setup, and models will
be provided to the Town.
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Infusing Optimization into the Lucity Analysis
Optimization is a broad-based term that has many different definitions. For most
pavement management systems, optimization is the ability to prioritize a multi-year
rehabilitation plan using several different factors that are important to the Town and based
on sound engineering constraints. For example, RAS commonly configures the Lucity
pavement management system to assign a different set of maintenance and rehabilitation
activities for roadways of different pavement type, traffic, and strength.
With the rehabilitation and maintenance activities set up, an RAS and Lucity analysis
assigns “Criticality” factors to every segment that assist in prioritizing the multi-year plan
and the development of a financially optimized rehabilitation plan. Critical segments are
simply those that are within 2-4 points of falling into the next rehabilitation category.
However, this is only the beginning of an RAS and Lucity Optimized Multi-Year
Plan.
The RAS team also includes a true Financial Optimization Framework (FOF) as a part
of the Lucity analysis. With the critical segments all defined within the analysis, the next
step is to sequence the optimization plan by the “Cost of Deferral”. This financial
optimization sequence allows the
analysis to consider the future costs
of deferring segments and allowing
them to fall into the next more
expensive rehab category. By
calculating the cost of deferral, the
sequence identifies the “Need Year”
of each segment and prioritizes the
highest cost of deferrals while
focusing on selecting critical roads
that are within a few points of dropping into the next category.
Zac Thomason, Project Manager, and Mark Kramer, Assistant Project Manager, are
well versed in the optimization logic within Lucity and actively work with the
CentralSquare development team to ensure peak performance in configuration.
To further enhance upon optimization, Senior Pavement Engineer, Scot Gordon looks
forward to visiting with Town staff on other innovative considerations to pavement
management such as including PCI of curb and gutter in selecting roads for
maintenance; whether or not to deduct for potholes if the Town has a pothole repair
crew; how to get all council districts above a specific PCI threshold; and focused
analysis on top traveled corridors where you are improving the level of service on
the roads receiving the greatest traffic while also analyzing the impacts to the
remainder of the network.
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Lucity Budget Model Development & Final Report Summary
The RAS Team separates itself from our competition through our devotion to the most
critical aspect of the project, which is collaborating with the Town on how to take the
objective condition data and utilize it to make meaningful decisions involving the Town’s
infrastructure. In addition, RAS can supplement a standard analysis with ESRI
Storymap’s or even a Microsoft Power BI Dashbaord.
RAS follows the “AASHTO Transportation Asset Management Guide – A Focus on
Implementation” which provides a framework for organizations to utilize and update the
management of their assets to improve decision-making, monitor performance, and
support integrated decisions in programming projects. The observed distresses and
calculated PCI values will be used within Lucity to rank projects using distress types
indicating load, non-load, and environmental related causes of each distress.
Running budgetary models within a pavement management system requires a deep
understanding of the database structure behind the application. The RAS approach to
budgetary modeling will involve up to 8 pavement management scenarios using different
philosophies, budget levels, and distributions. While RAS will define the scenarios to
be run with Town staff, at a minimum the following questions should be answered
with the scenarios:
• How much annual funding is required to maintain existing pavement conditions?
• What will the estimated network PCI be over the next 5 years if current funding
levels are maintained?
• How much funding will be required to target a specific PCI over the next 5 years?
• What will the estimated PCI be in each Council District?
• What budget is required to control the growth in backlog?
• What are the recommended pavement strategies?
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RAS will also consult with Town staff to develop models utilizing different types of
rehabilitation strategies (worst first, best first, most economic, need year, etc.). RAS
understands that getting buy-in from Town Administrators and Elected Officials means
developing a long-range rehabilitation plan that considers local priorities. The RAS team
will ensure that already approved rehabilitation work is programmed into the budgetary
models for selection during the run. In addition, RAS will consult with Town staff to identity
the total cost (mill, overlay, traffic control, striping, etc.) of each rehabilitation method.
RAS will provide the Town with a final report/executive summary including study
objectives, methodology, road inventory, a summary of current pavement conditions, PCI
values, recommended maintenance needs, street prioritization lists, and probable costs.
In addition, the Town will receive an electronic database consisting of statistical charts,
graphs, summary tables, and area maps illustrating all PCI results, pavement type, overall
road quality, and findings from the pavement evaluation.
The summary report will be provided for review by Town staff and modified based on
comments to produce a final report which will be delivered as a bound report and in
Microsoft Word (.doc and .docx) and Adobe (.pdf) format. Collected data will be formatted
as an ESRI Geodatabase. Additionally, the pavement condition survey data will be
imported into Lucity for use in budget analysis, and repair planning and prioritization.
Council Presentations
The RAS team will provide a public presentation to the Town Council, including data,
charts, and all final summary report data to showcase the results of the pavement
condition survey. Mr. Thomason has extensive experience preparing and presenting
results of pavement and asset conditions assessments, as well as pavement budget
scenarios and maintenance plans to Councils and Commissions as final reports. This is
a standard scope that we provide to all our asset management clients. Zac has worked
with County Commissions or Town Councils with several agencies including Fountain
Hills, AZ; Prescott, AZ; Pasadena, CA; Long Beach, CA; Flower Mound, TX; Steamboat
Springs, CO; and Minnehaha County, SD to name a few.
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Approach to Contract Management
RAS utilizes the Project Management Body of
Knowledge (7th edition) to define and adhere to the
principles of planning. This guide provides a
breakdown of general management including
methods for planning, organizing, staffing,
executing, and controlling the operations of an
organization. RAS emulates organizational
strategies established by the guide to develop clear
lines of communication for the successful
completion of the Town’s goals.
Perspective on Partnering and Customer Service
RAS’ philosophy on project ownership is simple and centered on the development of a
collaborative partnership with the Town’s Staff. While any vendor can collect some form
of condition data and move on to the next project within a few weeks, RAS prides itself
on collaboration with our clients to develop
best in class pavement management programs
that result in a long-term relationship between
RAS and the Town. Our relentless dedication to
client satisfaction has resulted in repeat projects
from municipalities.
By conducting a collaborative field pilot validation
study (further described on page 15 of this proposal
submission), RAS is acquainted with the Town’s
goals for the collection project. The transparency of
goals enables RAS to provide data and pavement
management system integration that works for the
Town’s needs.
Scheduling and Staffing
RAS retains two Professional Engineers with over 50 years of combined experience. In
addition, RAS’ Project Manager and Principal have been leading ASTM D6433 pavement
condition projects for a combined 30 years. RAS has four Pavement Data Collection teams
and will designate a minimum of one RAC vehicle (2 team members) for project completion
within the allotted schedule. The Pavement Data Collection team will collect condition data
seven days a week to account for natural delays caused by weather. Collection protocols
ensure that the schedule will remain on time and within budget.
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Alternate Approach: RAS Data Viewer & Videologer
If the Town desires web-hosted condition photos, as an alternative additive service, RAS
can provide the Town with the RAS Video Logger which is a web hosted full-service image
viewer that allows our clients to select a section of roadway from the GIS-based map to
visually display the inventory elements and the results of their survey. The viewer is
hosted on a reliable web platform such as Amazon Web Services (AWS). The RAS Video
Logger allows the Town to load pavement and ROW imagery for a specific location within
the Town and sequentially travel down the roadway. If needed within the video logger,
the Town can load high-resolution images to provide more detailed site investigation while
displaying PCI, IRI, and Rut index data for the selected section. In addition, the Video
Logger houses the Ladybug Panoramic ROW imagery, LCMS downward pavement
imagery, PCI scores, and right of way inventories.
Following the Pavement Condition Assessment, all LCMS-2 camera imagery will be
loaded to the videologger with each image resulting in 1 mm-pixel resolution and
horizontal resolution of 4,000 pixels. The benefit of having the LCMS imagery on the
same platform as the Ladybug imagery is the ability to use the forward facing
camera to see what a typical driver would see from a windshield while comparing
it against the downward LCMS laser array that focuses only on the pavement
surface itself.
The imagery captured from the LCMS-2 camera will display various pavement distresses
for asphalt concrete including cracking (alligator, block, edge, longitudinal, transverse,
joint reflection), patching and potholes (patching and utility cut patching, potholes),
surface deformation (rutting, shoving, depressions, bumps and signs, corrugation),
surface defects (bleeding, raveling, weathering), and miscellaneous distresses (railroad
crossing).
Project
Schedule
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Milestones and Deliverable Schedule
One way RAS optimizes its field data capture is by collecting pavement condition data 7
days a week, which allows our team to remain ahead of schedule when events such as
storms or other weather-related events do occur. RAS anticipates utilizing one RAC
vehicle as the field survey will take approximately 1 to 2 weeks depending on weather.
RAS will prepare and monitor the locations of large-scale events and festivals like
Fountain Hills Music Festival, Ballet Under the Stars, Turkey Trot, or other events to avoid
high congestion periods and closed roads. The RAS management team has an
outstanding record of completing projects similar in size and scale on time and
within budget.
The schedule presented below has been developed around a strategic objective of
completing the roadway data collection effort, field pilot review, PCI processing, Lucity
load, Lucity configuration, budgetary modeling, and final report within a five and a half
month timeline to accelerate the Town’s desired schedule. Should the Town add
additional right of way asset inventories to the scope of work, the inventory would
be developed concurrently with the pavement condition data and within the
existing schedule.
Anticipated Project Milestone:
Notice-to-Proceed………………………10/10/2022
Kick-Off Meeting………………………..10/17/2022 – 10/21/2022
Phase I Report………………………….02/27/2023– 03/10/2023
Phase I Council Presentation…………03/27/2023 – 03/31/2023
Phase II Lucity Implementation……….02/27/2023 – 03/10/2023
Project Completion……………………..03/31/2023
The anticipated project milestones are dependent upon receipt of the notice to proceed
and Town purchase of the Lucity software for completion of Phase II. RAS can still
maintain the Phase I report schedule if the purchase and install of the Lucity software is
delayed. We can maintain this schedule as RAS retains Lucity licenses for in-house
analysis purposes.
Task Days
PROJECT INITIATION
Project Initiation, Kick-Off, & Centerline Identification 12
Field Mapping Development, Segmentation Review, & Routing Setup 51
Pavement Width Verificaiton & Measurement 39
Roadway Asset Collection (RAC) Vehicle Mobilization/Calibration 3
RAC Pilot Survey Area - 10+ Miles 3
RAC Pavement Distress & Imagery Collection 14
DATA MANAGEMENT
Pavement Evaluation, AI Processing, & QC 36
Pilot Data Review with Town Staff 1
HD Digital Image Processing & Delivery 42
RAS & City Review of Final Data (Prior to Lucity Load)24
Lucity Distress Data Import & Load 30
Lucity Analysis Configuration, Review Budgetary Modeling, & Multi-Year Plan 30
Final Report & Condition Summary 30
Professional Services/GIS Database Work
Field Work
Extraction/Evaluation Work
QA/QC Work
Final Deliverable
651234
Months
Pricing
Town of Fountain Hills
Pavement Condition and Evaluation Related Services
28
Proprietary Information
Pricing Proposal
RAS team members have managed/provided field data collection, performed QA/QC, and
developed pavement management plans on numerous similar projects to the scope of
services requested by the Town. RAS is a financially secure limited liability company that
practices strong internal controls, conservative business practices, and a commitment to
continued financial growth. RAS is registered to do business in Arizona by the Arizona
Corporation Commission (#23412705).
The RAS fee structure for this assignment can be found below with itemized tasks to
illustrate the full scope of this project. The RAC vehicle will survey the arterial and
collector roadways in two directions while single pass testing the residential roadways to
maintain the inspection sample philosophy adopted on legacy surveys. The resulting
survey mileage is approximately 203 survey miles.
Appendix
Zac Thomason, MBA
PROJECT MANAGER, SENIOR VICE PRESIDENT
Mr. Thomason brings over 16 years of dedicated pavement and
asset management experience where his focus has been on the
use of semi-automated and automated technologies for
pavement distress surveys, enterprise software implementation,
pavement preservation, budget modeling & forecasting, and
multi-year rehabilitation plan development. In addition to
pavements, Mr. Thomason has vast experience with Right of
Way asset inventory development that ranges from roadside
features such as signs & supports, sidewalks, pedestrian curb
ramps, striping & markings, curb & gutter, guardrail, bike racks,
and nearly any asset that can be seen in the right of way. He has
also managed complex sidewalk and pedestrian curb ramp
inventory assignments that have included off road vehicle data
collection, advanced LiDAR surveys to acquire geometric
measurements (ramp, landing, & flare), long-range project
prioritization sequencing, and project planning.
Municipal Leadership Experience in Arizona & the
Southwest: Fountain Hills, Yuma, Casa Grande, Marana, Pinal County, Glendale,
Goodyear, Scottsdale, Gilbert, Prescott, Coconino County, & Bullhead City, AZ;
Albuquerque, Roswell, Las Cruces, Los Alamos County, & Dona Ana County, NM; Long
Beach, Pasadena, Fontana, Orange County, Imperial County, Carlsbad, La Mesa,
Lancaster, San Luis Obispo, Coachella Valley Association of Governments (CVAG), &
Modesto, CA.
*projects in red represent Lucity users
LUCITY PROJECT LEADERSHIP ROLES IN ARIZONA
Town of Fountain Hills, Arizona – Pavement Condition Survey & Analysis
Mr. Thomason served as the Project Manager for a networkwide pavement data collection
and analysis update for the Town of Fountain Hills. Semi-automated data collection
equipment was utilized to survey over 160 centerline miles of Town maintained arterial,
collector, and residential roadways, resulting in over 200 survey miles. All data was
collected in conformance with the ASTM D6433 protocols and the extent/severity data
was summarized as a 0-10 index for import into the Lucity pavement management
software. While the Lucity software was not installed on Town servers, the license was
hosted by the consultant and the Lucity analysis parameters were configured to match
the Town’s existing business practices. Maintenance and rehabilitation activities were
updated for the pre-incorporation and post-incorporation roadways, deterioration curves
were updated, and budget models were run within Lucity to develop a 10-year condition
and budget forecast. The results of the analysis were bound into a final report and
presented to Town Council in multiple formats to assist in budget discussions, level of
service identification, and long range transportation planning.
FIRM Roadway Asset Services
EXPERIENCE 16 years
EDUCATION
M.B.A., Business
Administration,
University of
Phoenix, 2007
B.S., Global Business,
Arizona State
University, 2005
LOCATION
Chandler, Arizona
Zac Thomason, MBA- Project Manager
City of Prescott, Arizona – Pavement Condition Survey & Analysis
Mr. Thomason served as the Project Manager for a networkwide pavement data collection
and analysis update for the City of Prescott. Semi-automated data collection equipment
was utilized to survey over 293 centerline miles of City maintained arterial, collector, and
residential roadways, resulting in over 360 survey miles. All data was collected in
conformance with the ASTM D6433 protocols and the extent/severity data was
summarized as a 0-10 index for import into the Lucity pavement management
software. The Lucity operating parameters were updated as a part of the analysis and
multiple budgetary models were run to establish the relationship between the network
level PCI and annual funding. In addition, the Supersegments within Lucity were
developed and linked to form a true “Neighborhood Approach” with the pavement
management models. Supersegments were developed based upon relative condition,
pavement type, and a maximum upset limit. Supersegments were then linked to form a
cohesive neighborhood based approach. The results of the analysis were presented to
City Council such that they understood the current condition of the network, challenges
to be overcome, and the impact of the current budget on the road network.
Pinal County, Arizona – Pavement Condition Survey, ROW Assets, & Analysis
Mr. Thomason has served as the Assistant Project Manager and Project Manager for
multiple networkwide pavement data collection and analysis updates for Pinal County.
Semi-automated data collection equipment was utilized to survey over 1,386 centerline
miles of County maintained arterial, collector, and residential roadways, resulting in over
1,700 survey miles. All data was collected in conformance with the ASTM D6433
protocols and the extent/severity data was summarized as a 0-10 index for import into the
Lucity pavement management software. During the last data collection project, the
Lucity operating parameters were fully updated to ensure the County was taking
advantage of the recent updates within the Lucity software. Budgetary models were run
within the system to identify the steady state PCI and backlog requirements. Right of way
asset inventories were also captured as a part of the project, loaded to the appropriate
Lucity module, and delivered as a Personal Geodatabase with representative symbology.
City of Paradise Valley, Arizona – Pavement Condition Survey & Analysis
Mr. Thomason served as the Project Manager for multiple networkwide pavement data
collection and analysis updates for the City of Paradise Valley. Semi-automated data
collection equipment was utilized to assess over 190 survey miles. All data was collected
in conformance with the ASTM D6433 protocols and the extent/severity data was
summarized as a 0-10 index for import into the Lucity pavement management
software. The Lucity operating parameters were updated as a part of the analysis and
multiple budgetary models were run to establish the relationship between the network
level PCI and annual funding. In addition, the Supersegments within Lucity were
developed and linked to form a true “Neighborhood Approach” on a Maintenance District
by Maintenance District basis within the models. Supersegments were developed based
upon relative condition, pavement type, and a maximum upset limit. The results of the
analysis were presented to City Council such that they understood the current condition
of the network, challenges to be overcome, and the impact of the current budget on the
road network.
BART WILLIAMSON, FCLS
PROJECT PRINCIPAL
Mr. Williamson brings over 30 years of management
experience in a wide variety of projects and programs that
include public works, insurance, and transportation on a
national level. He has developed an in-depth understanding
of business processes and politics that are germane to
governments. Mr. Williamson has assisted with asset
management needs assessments, management of pavement
condition survey, and ROW collection projects.
KEY PROJECTS
Arizona Department of Transportation- Geospatial Roadway Data Collection
Mr. Williamson is serving as Project Principal for the Arizona Department of
Transportation’s pavement condition survey of 5,000 test miles. Automated data
collection vehicles are utilized to provide pavement data and imagery in accordance with
the HPMS guidelines for statewide data collection. Mr. Williamson coordinates project
needs and establishes channels of communication that works with the Department staff.
Arizona Department of Transportation-City of Maricopa- Road Sign Data Collection
Mr. Williamson was the Project Principal for conducting a road sign inventory and an
FHWA approved visual nighttime retroreflectivity inspection of all road signs located within
the LPA jurisdictional boundaries. Data collection occurred on the City’s 446 miles of
roadways using automated data collection vehicles. The traffic sign inventory data was
imported into VUEWorks to track the sign inventory and prioritize asset replacement.
City of Grand Junction, Colorado – Street Assessment Project
Mr. Williamson is serving as the Project Principal for the City’s pavement condition survey
of 500 test miles. Roadway Asset Collection (RAC) vehicles were utilized to capture
pavement distress imagery for the calculation of PCI values. Following data collection
and PCI calculation, RAS will deliver a final Lucity import database file. In addition, RAS
is working with the City to set constraints within Lucity for performing internal budget
scenarios.
City of Albuquerque, New Mexico – Pavement Condition Survey
Mr. Williamson served as the Project Principal for the City’s Pavement Condition
Assessment of 4,548 lane miles. RAC vehicles were utilized, in accordance with the
ASTM D6433, to provide the City with a PCI value for each street segment and the overall
network. The project also included an extensive ROW asset inventory that included: traffic
signs, pavement markings, pavement striping, sidewalks, ADA ramps, driveways, bike
lanes, curb and gutter, guardrail, streetscapes, traffic calming devices, polygon mapping,
control boxes, backflows, and electrical/water meters. Mr. Williamson was responsible for
maintaining communication among the RAS team and the City staff. In addition, Mr.
Williamson coordinated project needs and met with the City to understand project goals.
FIRM Roadway Asset Services
EXPERIENCE 30 years
EDUCATION
B.S., Business
Marketing Honors and
Distinction Indiana
University, 1989
Bart Williamson, FCLS – Project Principal
City of Salt Lake City, Utah – Pavement Condition Assessment
Mr. Williamson was the Project Principal for Salt Lake City’s pavement condition
assessment of 592 centerline miles of roadways. The project also included GIS based
mapping, geodatabase design, import into Cartegraph OMS, and long term pavement
preservation plans utilizing historic and current analysis. RAS performed budget analysis
and maintenance optimization scenarios for the City’s pavement network.
City of Austin, Texas– Pavement Data Collection (2022) and Traffic Sign Data
Collection (2021)
Mr. Williamson served as the Project Principal for the City of Austin’s 2021 Traffic Sign
Data Collection. The network (33,638 street segments and 5,000 test miles) was collected
utilizing mobile LiDAR imaging to provide the City with data and imagery on sign faces,
sign structures, sign location, and sign assets. Mr. Williamson is currently serving as the
Project Principal for the City’s 2022 Pavement Data Collection. This project consists of
providing distress data for the City’s 5,000 test mile road network. Following collection,
RAS will provide the City with a Video Logger for staff to visually display the inventory
elements and results of the survey.
City of Denver, Colorado – Pavement Condition Assessment
Mr. Williamson is serving as the Project Principal for the City’s 5,756 miles of roadways.
The project analyzed various City assets including protective barriers, pavement
markings, signal support structures, MUTCD specialty signs, sign support, sidewalks, and
sidewalk obstructions. Following collection, PCI and IRI data are being implemented into
the City’s GIS.
City of San Antonio, Texas – Pavement Condition Index Modeling Update
Mr. Williamson served as the Client Services Manager for the City’s analysis on PCI rate
deterioration between pavement evaluation results inputted into Cartegraph in 2019 and
2022. The project consisted of providing deterioration models, recommending
improvements for overall maintenance, and calculating average PCI per year per District.
RAS developed a multitude of budget scenarios within Cartegraph based on the cost of
treatment and predicted improvements to corresponding road sections.
City of Corpus Christi, Texas - Pavement Data Collection and Integration
Mr. Williamson served as the Project Principal for the City’s pavement condition data and
ROW asset inventory for the 2,448 miles of roadways. RAC vehicles were utilized to
assess pavement distress, curb and gutter, pavement markings and striping, traffic signs,
sidewalks, and ADA ramps. Following collection, PCI values were integrated into
Cartegraph.
City of Rancho Palos Verdes, California – Roadway Asset Management Program
Mr. Williamson served as the Project Principal for the City of Rancho Palos Verdes’ mobile
data collection project for its 150 centerline mile network. The project consisted of utilizing
RAC vehicles to provide a ROW asset inventory. The ROW Asset inventory included the
following assets: curb and gutter, curb ramps, concrete medians, and guardrails.
Mark Kramer, PE, MBA
ASSISTANT PROJECT MANAGER, CHIEF DATA OFFICER
Mr. Kramer serves as the Chief Data Officer at Roadway Asset
Services. Mr. Kramer has 24 years of experience in engineering and
information technology projects including pavement condition, sign
inventory, and sidewalk condition surveys. He is an expert in
commercial off the shelf software, data management, data analysis,
and delivery of technology projects.
Mr. Kramer’s expertise also extends to 3rd party pavement
management system implementations as he previously worked for
Lucity as a software implementer and spent over 10 years serving
the Town of Gilbert as their Director of IT. As a part of those
responsibilities, Mr. Kramer and his team managed the Town’s
enterprise Lucity license and GIS synchronization.
PAVEMENT AND ASSET PROJECT EXPERIENCE
Town of Fountain Hills, AZ – Pavement Condition Survey
Mr. Kramer served as the Engineering Manager for a networkwide
pavement data collection and analysis update for the Town of
Fountain Hills. Semi-automated data collection equipment was
utilized to survey over 160 centerline miles of Town maintained
arterial, collector, and residential roadways, resulting in over 200
survey miles. All data was collected in conformance with the ASTM
D6433 protocols and the extent/severity data was summarized as a
0-10 index for import into the Lucity pavement management
software. While the Lucity software was not installed on Town
servers, the license was hosted by the consultant and the Lucity
analysis parameters were configured to match the Town’s existing business practices.
Maintenance and rehabilitation activities were updated for the pre-incorporation and post-
incorporation roadways, deterioration curves were updated, and budget models were run
within Lucity to develop a 10-year condition and budget forecast. The results of the
analysis were bound into a final report and presented to Town Council in multiple formats
to assist in budget discussions, level of service identification, and long range
transportation planning.
City of Prescott, Arizona – Pavement Condition Survey & Analysis
Mr. Kramer served as the Engineering Manager for a networkwide pavement data
collection and analysis update for the City of Prescott. Semi-automated data collection
equipment was utilized to assess over 360 survey miles. All data was collected in
conformance with the ASTM D6433 protocols and the extent/severity data was
summarized as a 0-10 index for import into the Lucity pavement management
software. The Lucity operating parameters were updated as a part of the analysis and
multiple budgetary models were run to establish the relationship between the network
FIRM
Roadway Asset Services
EXPERIENCE
24 years
EDUCATION
MBA-IT Western
International,2003
B.S., Civil Engineering,
Arizona State University,
1998
LOCATION
Mesa, Arizona
REGISTRATIONS
-AZ Professional
Engineer, Certificate
Number: 40225
Professional Certifications
Microsoft SQL Server
Microsoft Power BI
Mark Kramer, PE, MBA-IT – Assistant Project Manager
level PCI and annual funding. In addition, the Supersegments within Lucity were
developed and linked to form a true “Neighborhood Approach” with the pavement
management models. Supersegments were developed based upon relative condition,
pavement type, and a maximum upset limit. Supersegments were then linked to form a
cohesive neighborhood based approach. The results of the analysis were presented to
City Council such that they understood the current condition of the network, challenges
to be overcome, and the impact of the current budget on the road network.
Pinal County, Arizona – Pavement Condition Survey, ROW Assets, & Analysis
Mr. Kramer served as the Engineering Manager for a networkwide pavement data
collection and analysis updates for Pinal County. Semi-automated data collection
equipment was utilized to assess over 1,700 survey miles. All data was collected in
conformance with the ASTM D6433 protocols and the extent/severity data was
summarized as a 0-10 index for import into the Lucity pavement management
software. During the last data collection project, the Lucity operating parameters were
fully updated to ensure the County was taking advantage of the recent updates within the
Lucity software. Budgetary models were run within the system to identify the steady state
PCI and backlog requirements. Right of way asset inventories were also captured as a
part of the project, loaded to the appropriate Lucity module, and delivered as a Personal
Geodatabase with representative symbology.
City of Paradise Valley, Arizona – Pavement Condition Survey & Analysis
Mr. Kramer served as the Engineering Manager for a networkwide pavement data
collection and analysis updates for the City of Paradise Valley. Semi-automated data
collection equipment was utilized to survey over 148 centerline miles of City maintained
arterial, collector, and residential roadways, resulting in approximately 190 survey miles.
All data was collected in conformance with the ASTM D6433 protocols and the
extent/severity data was summarized as a 0-10 index for import into the Lucity pavement
management software. The Lucity operating parameters were updated as a part of the
analysis and multiple budgetary models were run to establish the relationship between
the network level PCI and annual funding. In addition, the Supersegments within Lucity
were developed and linked to form a true “Neighborhood Approach” on a Maintenance
District by Maintenance District basis within the models. Supersegments were developed
based upon relative condition, pavement type, and a maximum upset limit. The results
of the analysis were presented to City Council such that they understood the current
condition of the network, challenges to be overcome, and the impact of the current budget.
City of Yuma, Arizona – Pavement Condition Survey and Analysis
Mr. Kramer served as the Engineering Manager for this assignment to conduct a semi-
automated data collection effort of over 400 centerline miles of roadways. The City
migrated from the Cartegraph software to Lucity and conducted it’s first full linear
automated approach during this project. The condition data was processed into a
modified ASTM D6433 PCI score and loaded to a Lucity test environment. The City’s
robust preservation program was programmed into the Lucity model to assist in extending
roadway design life and maximizing the City’s limited funds. The results were aggregated
to the network level such that the results of the network as a whole could be documented.
G. SCOT GORDON, PE, IAM
SENIOR PAVEMENT ENGINEER
Mr. Gordon serves as President and Lead Pavement Engineer at
Roadway Asset Services. Mr. Gordon has 30 years of experience in
transportation engineering, geotechnical engineering, and
construction materials testing for transportation networks. As a
professional engineer, he has managed numerous projects such as
design/build highway projects, airfield pavement, and other
government projects. He is an expert in the design, evaluation,
monitoring, and research of pavement as well as pavement
rehabilitation and soil stabilization. Scot has completed numerous
projects related to pavement management system implementation,
pavement condition surveys, sign management surveys, and
sidewalk condition surveys. The following is a brief list of projects he
has managed.
KEY PROJECTS
City of Grand Junction, Colorado – Street Assessment Project
Mr. Gordon is serving as the Project Manager/Pavement Engineer
for the City’s pavement condition survey for 500 test miles of paved
roads. RAC vehicles are utilized to collect imagery for arterial,
collector, striped local roads, and residential roadways in accordance
with the ASTM D6433 methodology. PCI data is conducted on each
street segment which is typically blocked and tagged with a Facility-
ID on the feature class layer in GIS. Following PCI and IRI survey
results, data will be integrated into Lucity. Mr. Gordon will work with
City staff to develop budgetary scenarios that reflect treatment goals.
Arizona DOT- Geospatial Roadway Data Collection
Mr. Gordon is serving as Senior Pavement Engineer for the Arizona
Department of Transportation’s pavement condition survey of 5,000
test miles. Automated data collection vehicles are utilized to provide
pavement data and imagery in accordance with the HPMS guidelines
for the Statewide data collection.
City of Durham, North Carolina-Pavement Condition Survey
Mr. Gordon served as the Senior Pavement Engineer for the
automated pavement condition survey of the City’s 700 mile
pavement network. The project included data collection per the
ASTM D6433, pavement condition rating/assessment, budget
analysis, and maintenance repair recommendations and reports. Mr.
Gordon worked with the City on the interpretation of PCI results and
presented the findings to the City Council for budget planning.
FIRM
Roadway Asset Services
EXPERIENCE
30 years
EDUCATION
M.E., Civil Engineering,
Texas A&M University,
1990
B.S., Civil Engineering,
Texas A&M University,
1989
REGISTRATIONS
-TX Professional
Engineer, Certificate
Number:88099
-CO Professional
Engineer, Certificate
Number:30239
-MD Professional
Engineer, Certificate
Number:33493
-FL Professional
Engineer, Certificate
Number:83979
-NC Professional
Engineer, Certificate
Number:46459
-NM Professional
Engineer, Certificate
Number:26330
-GA Professional
Engineer, Certificate
Number:45916
-Institute of Asset
Management Certified
G. Scot Gordon, PE, IAM – Senior Pavement Engineer
City of Salt Lake City, Utah – Pavement Condition Assessment
Mr. Gordon was the Project Manager/Senior Pavement Engineer for Salt Lake City’s
pavement condition survey on approximately 592 centerline miles of roadways. The
project included the calculation of PCI values, GIS based mapping, geodatabase design,
Cartegraph importation, and long term pavement preservation plans that examine historic
and current analysis. Mr. Gordon worked with the City the develop a multitude of
budgetary scenarios based on maintenance strategies and recommendations.
City of New Braunfels, Texas – Pavement Data Collection and ROW Inventory
Mr. Gordon served as the Senior Pavement Engineer for the City’s pavement condition
data collection of 469 test miles of roadways. Pavement data was collected utilizing an
RAC vehicle that captures images for all pavement and ROW assets. Following collection,
PCI survey results were analyzed utilizing RAS’ Road TRIP (Technical Rating Intelligence
Program) to identify distresses including alligator cracking, longitudinal cracking, raveling,
and patching. Mr. Gordon conducted a field pilot validation study at project initiation to
preliminarily review condition data before collecting the entire network. In addition, Mr.
Gordon assisted the City in the interpretation of PCI values and repair recommendations.
Denver, Colorado - Pavement Condition Survey
Mr. Gordon is serving as the Senior Pavement Engineer for the City’s 5,756 miles of
roadways. The project analyzed various City assets including protective barriers,
pavement markings, signal support structures, MUTCD specialty signs, sign support,
sidewalks, and sidewalk obstructions. Following collection, PCI and IRI data are being
implemented into the City’s GIS. Mr. Gordon hosts monthly meetings with City Staff and
RAS Team Members to update project resources, discuss current goals, and maintain
communication throughout project fulfillment.
Albuquerque, New Mexico - Pavement Condition Survey and ROW Asset Inventory
Mr. Gordon served as the Senior Pavement Engineer for the City’s pavement condition
survey for its 4,548 lane mile network of roadways and alleys. RAC Vehicles collected
imagery for the following ROW assets: traffic signs, pavement markings, pavement
striping, sidewalks, ADA ramps, bike lanes, curb and gutter, guardrail, streetscapes,
traffic calming devices, polygon mapping, control boxes, backflows, and electrical/water
meters. Asset extraction was integrated into the City’s VUEWorks asset management
system.
Mesa County, Colorado - Pavement Data Collection
Mr. Gordon served as the Senior Pavement Engineer for the County’s pavement condition
survey of 698 centerline miles of paved roads. Mr. Gordon was responsible for assuring
data collection by the RAC vehicles developed unique identifiers for each road segment
so the County can maintain a persistent link to GIS data. Mr. Gordon selected pavement
treatments based on PCI ratings and identified distress types. Survey results were
incorporated into the County’s pavement management system, Cartegraph.
RAFAEL RIVERA
DATA COLLECTION MANAGER
Mr. Rivera has over 12 years of experience in automated data
collection of pavement and ROW asset inventories. Mr. Rivera
has been involved with collection and management of over
100,000 miles of roadways. Mr. Rivera’s positions have included
automated data collection vehicle operator, pavement analyst,
LiDAR analyst, and GIS analyst.
KEY PROJECTS
City of Salt Lake City, Utah– Pavement Condition Assessment
Mr. Rivera was the Data Collection Manager for the City’s
automated pavement surface inventory and distress survey on
approximately 592 centerline miles. Final deliverables consisted
of PCI values, GIS based mapping, geodatabase design, import
into Cartegraph, data and budget analysis, maintenance
optimization, and pavement preservation plans with an
examination of historic and current analysis. Mr. Rivera provided
route tracking for field operation crew and ensured 100% of the
network was collected.
Arizona Department of Transportation- City of Buckeye- Sign Data Collection
Mr. Rivera was the Data Collection Manager for the collection of a road sign inventory
and visual nighttime retroreflectivity inspection of all road signs located within the LPA
jurisdictional boundaries. The daytime inventory and condition assessment of the City’s
1,850 test miles of roadway was collected via automated data collection vehicles. The
retroreflectivity assessment was conducted using an FHWA approved nighttime visual
assessment methodology.
City of Denver, Colorado – Pavement Condition Assessment
Mr. Rivera is serving as the Data Collection Manager for the automated data collection
project of the City’s 5,756 miles of roadways. The project analyzed various City assets
including protective barriers, pavement markings, signal support structures, MUTCD
specialty signs, sign support, sidewalks, and sidewalk obstructions. Following collection,
PCI and IRI data are being implemented into the City’s GIS. The ROW assets are being
imported into Cartegraph.
City of Rancho Palos Verdes, California – Roadway Asset Management Program
Mr. Rivera served as the Data Collection Manager for the City of Rancho Palos Verdes’
mobile data collection project for its 150 centerline mile network. The project consisted of
utilizing RAC vehicles to provide a ROW asset inventory. The ROW Asset inventory
included the following assets: curb and gutter, curb ramps, concrete medians, and
guardrails.
FIRM
Roadway Asset Services
2 years
EXPERIENCE
12 years
EDUCATION
B.S., Mechanical
Engineering, University
of Central Florida, 2011
B.S., Aerospace
Engineering, University of
Central Florida, 2016
Sandra Marrero, E.I.
PROJECT ENGINEER
Ms. Marrero works on the firm’s roadway asset collection projects
with a pavement analysis component. Sandra has over eight
years of experience evaluating pavement conditions, processing
pavement ratings, preparing reports, performing maintenance
budget scenarios, reporting the results of project finding in
meetings, and discussing with the Client. Her software
experience includes Lucity, Cartegraph, Streetlogix, PAVER,
VUEWorks, EarthShaper, ArcGIS, AutoCAD, Civil 3D, and the
Microsoft Office suite.
KEY PROJECTS
Pennington County- Pavement Condition Assessment
Mrs. Marrero is serving as a Project Engineer for the County’s
pavement condition survey for 684 survey miles. Automated
collection vehicles will be utilized to collect pavement distress
information that follows the ASTM D6433 methodology. Following collection, the County
will be provided the RAS Videologger that enables County Staff to visually view
information collected from the survey.
Central Texas Regional Mobility Authority – Pavement Condition Assessment
Mrs. Marrero is serving as a Project Engineer for the automated data collection of
CTRMA’s 286 test miles. RAS is utilizing an RAC van to collect imagery on pavement
distresses and IRI. RAS is also completing skid testing for CTRMA. Following collection,
RAS will utilize the TxDOT Pavement Management Information System to determine
distress and pavement condition scores.
City of Albuquerque, New Mexico – Pavement Condition Survey
Ms. Marrero served as a Project Engineer for the mobile image data collection project of
the City’s 4,548 lane mile network. RAC vehicles were utilized, in accordance with the
ASTM D6433, to provide the City with a PCI value for each street segment and the overall
PCI value for the network. The project also included an extensive ROW asset inventory
that included: traffic signs, pavement markings, pavement striping, sidewalks, ADA ramps,
driveways, bike lanes, curb and gutter, guardrail, streetscapes, traffic calming devices,
polygon mapping, control boxes, backflows, and electrical/water meters. Ms. Marrero
assisted with data integration in the City’s pavement management software, VUEWorks.
City of Rowlett, Texas - Pavement Condition Assessment and ROW Asset Inventory
Mrs. Marrero served as a Project Engineer for the City’s automated data collection project
for 327 test miles of pavement and 107 miles of alleys. Additionally, RAS is completing
an extensive ROW asset inventory for the following assets: traffic signs, pavement
markings, pavement striping, sidewalks, and ADA ramps. The pavement data is being
imported into the City’s PAVER database as well as VUEWorks, the City’s asset
management system. Ms. Marrero assisted with the development and delivery of the final
report.
FIRM
Roadway Asset Services
1 year
EXPERIENCE
8 years
EDUCATION
B.S., Civil Engineering,
University of Puerto Rico, 2013
REGISTRATIONS
-FL Engineer Intern,
Certificate
Number:1100023293
Experience and
Qualifications
of the Vendor
Town of Fountain Hills
Pavement Condition and Evaluation Related Services
4
Proprietary Information
7.2.2 Experience and Qualifications of the Vendor
The RAS executive team is comprised of established industry veterans who have
dedicated their careers to the field of pavement and asset management. RAS team
members have performed over 200 pavement and asset management projects in the last
5 years in accordance with ASTM D6433 and AASHTO R 57. RAS offers the Town the
most experienced data collection team to provide assurance that the collection and
processing of data will be delivered on schedule. We have an outstanding record of
completing projects of similar size and scale, on time and within budget. The RAS team
advantage to the Town of Fountain Hills is as follows:
Municipal Experience – Unlike many other proposing firms, RAS exclusively
performs Pavement Condition Assessments for municipalities of varying sizes.
RAS has completed or is currently completing pavement condition assessments
for Arizona Department of Transportation (ADOT); Denver, CO; Salt Lake City, UT;
Albuquerque, NM; Grand Junction, CO; New Braunfels, TX; Charlotte, NC; Austin,
TX; and Memphis, TN.
Advanced Laser Technology – RAS uses the most advanced 3D surface
imaging technology available in the marketplace. The Laser Crack Measurement
System (LCMS-2) technology and 360 Degree Camera for ROW Assets (Ladybug
panoramic imagery) represent the most sophisticated hardware available for
objective and repeatable condition assessments. The combination of
technology/software will be utilized for the pavement condition assessment and
the collection of street segment attributes.
Innovative Repair Analysis Scenario & Optimization – Project Manager, Zac
Thomason, is familiar with the Town’s requirements for multi-year planning and
repair recommendations as he managed the Town’s previous pavement condition
project. An innovation that Mr.
Thomason and Mr. Kramer would like to
reimplement in the Town’s version of
Lucity is the distinction between the pre-
incorporation and post-incorporation
roadways. The pre-incorporation
roadways have a unique design and
cross section that should be modeled
with their own deterioration curves and
more importantly, their own set of
rehabilitation activity unit rates.
Field Pilot – One unique feature provided by the RAS team is the dedication to
quality, which is initiated through a field pilot study at the beginning of the project.
During the field pilot study, RAS’ Project Manager, Zac Thomason, MBA, and
Senior Pavement Engineer, Scot Gordon, PE, IAM, will review site conditions on
Town of Fountain Hills
Pavement Condition and Evaluation Related Services
5
Proprietary Information
select roadways (approximately 10-miles of roadway) with Town Staff for
acceptance before the network wide pavement analysis is completed. Further
information on the RAS field pilot can be found on page 15 of this submission.
In addition, the Town of Fountain Hills roadways often suffer from oxidative
damage before load associated challenges arise. Therefore, it is imperative that
the configuration of Lucity mimics the Town’s adopted preservation strategy and
surface treatment program of applying Slurry seals in the appropriate sequence.
However, the system should also be flexible enough to accommodate for newly
innovative preservation activities that the Town may not yet be harnessing.
Lastly, Mr. Thomason and Mr. Kramer fully integrate the power of financial
optimization through the Lucity system’s ability to identify Critical Roadways (those
getting ready to drop into next rehab activity) and sequence them by their cost of
deferral. Optimization is described in more detail on page 22 of this submission.
Experience in Providing Services to Municipalities
Unlike many other proposing firms, RAS is solely dedicated to providing pavement and
asset management services to agencies throughout the Country. Throughout the last 2
years, RAS has worked with various municipalities and departments to improve the
overall street networks. Below, is a sample list of completed and active projects and their
associated scope of work.
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Pavement Condition and ROW Asset Survey 5,150 Charlotte, NC X X X X X X X
Pavement Data Collection 5,000 Arizona DOT X X X X
Pavement Condition and ROW Asset Survey 4,548 Albuquerque, NM X X X X X X X X X
Pavement Data Collection 3,750 Austin, TX X X X X X X
Traffic Sign Data Collection 3,750 Austin, TX X X X X
Pavement Data Assessment 3,086 Denver, CO X X X X X X X X X
Pavement Condition Survey 3,048 Memphis, TN X X X X X X X X
Pavement Evaluation and ROW Asset Services 1,594 Corpus Christi, TX X X X X X X X X X
Pavement Condition Assessment 1,500 Sarasota County, FL X X X X X X X X
Pavement Condition Survey and ROW Asset Inventory 1,023 Durham, NC X X X X X X X X X
Pavement Condition Survey 730 Salt Lake City, UT X X X X X X X X
Pavement Condition Survey 654 Pueblo, CO X X X X X X X X
Pavement Data Survey and ROW Asset Inventory 618 Denton, TX X X X X X X X X X
Pavement Condition and Inventory Survey 608 Greenville, SC X X X X X X X X X
Pavement Condition Survey 473 Kingsport, TN X X X X X X X X
Pavement Condition Survey and ROW Asset Inventory 460 New Braunfels, TX X X X X X X X X X
Pavement Data Collection 286 CTRMA X X X X X X X
Professional Asset Management Services N/A San Antonio, TX X X X
Pavement Condition Survey
Project Client Name
Town of Fountain Hills
Pavement Condition and Evaluation Related Services
6
Sample Projects and References
City of Salt Lake City, Utah – Pavement Condition Survey
RAS performed a pavement condition survey for
Salt Lake City’s 730 test mile network. RAS
provided GIS based deliverables and formatted
data for an import into Cartegraph. RAS assisted
City staff in presenting data to City Council
regarding various funding amounts and strategies
for improving the City’s PCI and its level of service.
Prior to data collection, Mr. Rivera worked with the
City’s GIS staff to identify the appropriate mileage
for collection and review of the GIS segmentation
provided in the City’s database. Appropriate
segmentation was laid out based on a crossroad-
to-crossroad section divider. A 10-mile pilot was
conducted for early collection to validate the
accuracy of the assessment deliverables.
The evaluation project also included a technical
report presenting the predominant distresses,
statistical analysis of the condition results, and
repair recommendations. The report provided
results based upon surface type and division of
functional classification. The results presented in
the database and report were used to develop a
cost-effective approach to maintenance,
improving the City’s preservation techniques, and
optimizing budgetary expenditures.
RAS collaborated with the City during this project
to review and compare the City’s historical
condition data from 2017 with the data collected in
the current evaluation. The purpose of this
exercise was to update the existing pavement
deterioration curves within the Cartegraph system.
The City uses Cartegraph OMS as their pavement
management system to manage pavement
condition data, track maintenance activities,
develop models for prediction of future
performance, produce budget scenarios, and
evaluate future funding requirements.
Time Period of Project
September 2021- June 2022
Project Budget
$202,975
Responsibilities
-Pavement Evaluation -PCI
-IRI Measurement -GIS
-Deterioration Curves -Cartegraph
-Video Logger
Client Name and Contact
David Jones, Program Manager
City of Salt Lake City
2001 S State Street N3-600
Salt Lake City, UT 84190
801-535-6425
David.jones@slcgov.com
RAS Role
RAS served as the Prime Contractor
RAS Team Members
Scot Gordon, Project Engineer
Zac Thomason, Assistant Project
Manager
Bart Williamson, Project Principal
Mark Kramer, QA/QC Manager
Rafael Rivera, Data Collection
Manager
Town of Fountain Hills
Pavement Condition and Evaluation Related Services
7
Albuquerque, NM – Pavement Condition Survey & ROW Asset Inventory
RAS completed a pavement condition survey for
the City’s 4,548 lane mile network of roadways and
alleys. In accordance with ASTM D6433, RAS
completed the survey using its fleet of RAC
vehicles. The RAC vehicle drove all roads in both
directions to provide the most expansive collection
for the City. Additionally, RAS completed an
extensive ROW inventory and condition
assessment of the following assets for the City:
traffic signs, pavement markings, pavement
striping, sidewalks, ADA ramps, driveways,
bike lanes, curb and gutter, guardrail,
streetscapes, traffic calming devices, polygon
mapping, control boxes, backflows, and
electrical/water meters.
Imagery for pavement evaluation and asset
extraction was captured with the RAC automated
data collection vehicle. The RAC vehicle is
equipped with a second-generation Laser Crack
Measurement System (LCMS-2) for automated
pavement data acquisition, Ladybug 360 camera
system for capturing right-of-way imagery, and a
laser profiler that includes two-line lasers for
capturing roughness and ride data. The project
provided efficient and cost-effective data extraction
in a GIS environment that was seamlessly
integrated into the City’s VUEWorks asset
management software system.
For the traffic sign inventory, RAS extracted nearly
90,000 signs and provided the City with the
following attributes: Asset ID, X,Y location, MUTCD
code, sign text, photo image link, physical condition
rating (good, fair, poor), location, post total, sign
facing direction, travel direction, obstructions,
legend color, back color, hump case, support
structure type, and comments.
Time Period of Project
March 2021- July 2022
Completion
Completed on time and within
budget
Project Budget
$2,841,146
Responsibilities
-Pavement Evaluation -PCI
-IRI Measurement -GIS
-Review Soil Conditions -PMS
-Video Logger -ROW
-Deterioration Curves
Client Name and Contact
Doug Rizor, Systems Programmer
City of Albuquerque
1 Civic Plz NW #7057
Albuquerque, NM 87102
505-366-4020
rizor.d.abq@gmail.com
RAS Role
RAS served as the Prime Contractor
RAS Team Members
Scot Gordon, Project Manager
Zac Thomason, Assistant Project
Manager
Bart Williamson, Project Principal
Rafael Rivera, Data Manager
Mark Kramer-QA/QC Manager
Town of Fountain Hills
Pavement Condition and Evaluation Related Services
8
Durham, North Carolina – Pavement Condition Survey
RAS performed a pavement condition survey for
the City of Durham’s 1,540 lane mile network. The
project consisted of a PCI Survey and ROW asset
inventory covering traffic signs, curb and gutter,
and crosswalk slopes. Data collection for the
pavement condition survey was completed with
RAC vehicles, in accordance with the ASTM
D6433. The RAC vehicle is equipped with an
inertial profiler for Roughness and Ride
measurements, a second-generation Pavemetrics
Laser Crack Measurement System for pavement
imagery, Point Gray Ladybug 5+ 30 MP 360
camera for asset capture, and an Applanix
POS/LV for capturing GPS coordinates. Following
collection, data was imported into PAVER.
36,416 traffic signs were inventoried and assessed
with the following attributes for each sign including:
X,Y location, street name asset is located on,
Asset ID, Facility ID, photo image link, MUTCD
code, physical condition rating (good, fair, poor),
and support type. RAS also assessed curb and
gutters for 1,075 lane miles and provided the
following attributes: Asset ID, Facility ID, photo
image link, physical condition rating (good, fair,
poor), painted color, and material type. Lastly,
RAS inventoried 1,229 crosswalks.
As the Project Manager, Mr. Gordon met with the
engineering staff to refine budget requirements
and develop a 10-year maintenance plan to
improve the efficiency of treatments and decrease
the necessity for additional funds. After presenting
results to the engineering staff, Mr. Gordon met
with the City Council during budget planning
meetings to present the findings and the
recommended maintenance plan.
Time Period of Project
July 2021- December 2021
Completion
Completed on time and within
budget
Project Budget
$374,712 2021
Responsibilities
-Pavement Evaluation -PCI
-IRI Measurement -GIS
-Review Soil Conditions -ROW
-Deterioration Curves
Client Name and Contact
Clint Blackburn, Project Manager
City of Durham
101 City Hall Plaza, Ste. 3100
Durham, NC 27701
704-301-7193
clint.blackburn@durhamnc.gov
RAS Role
Key Members worked at RAS
RAS Team Members
Scot Gordon, Project Manager
Bart Williamson, Assistant Project
Manager
Rafael Rivera, Data Collection
Manager
Sandra Marrero, Pavement
Engineer
Mark Kramer, QA/QC Manager
Key Positions
Town of Fountain Hills
Pavement Condition and Evaluation Related Services
9
7.2.3 Key Positions - Roles and Responsibilities
Organizational structure is important to understand as it can often shed light on whom a
municipal agency will really be working with on any given assignment. While the Town
can select any qualified data collector as a short-term vendor, RAS prefers to develop
long term consultative relationships with our clients that result in turn-key pavement
management implementations that exceed client expectations. The key personnel
assigned to this project are all long-time veterans of the industry and have extensive
experience in pavement distress field rating, Pavement Condition Index (PCI) processing,
multi-year prioritization, Lucity configurations, and custom database integrations.
The RAS team is composed of industry experts that provide Best-in Class pavement
management programs. The RAS team uses previously established roles to ensure
seamless transition of project ownership. Role assignments are as presented below:
Project Manager: Zac Thomason, MBA, has over 16 years of experience in
pavement management, ASTM D6433 automated data collection, financial
optimization, and complete Lucity integration. Mr. Thomason has managed the
previous pavement condition project for the Town and provided ad-hoc and on-call
services for the Town as it relates to multi-year planning, repair recommendations,
budget optimization, and Town Council Meetings. Mr. Thomason will deliver final
reports and establish channels of communication between the Town’s Staff and
Town of Fountain Hills
Pavement Condition and Evaluation Related Services
10
the RAS Team. Mr. Thomason will also provide analysis scenarios and Lucity
training for the Town’s Staff. Lastly, due to his local presence, Mr. Thomason will
attend Town meetings in person and be onsite during the field pilot review with
Senior Pavement Engineer, Scot Gordon.
Assistant Project Manager: Mark Kramer, PE, MBA, has 24 years of experience
in automated data processing routines, commercial off-the-shelf software, data
management, pavement analysis, and data integration. Mr. Kramer worked with
the Town during the previous pavement condition survey to load the inspection
data to Lucity, configure the operating parameters of the analysis, and run the
Lucity budgetary modeling. Mr. Kramer will provide QA/QC checks of data to
ensure that automated interpretations of distresses match what is visually
represented. As an optional service, Mr. Kramer could also provide onsite Lucity
training if this is not supplied by CentralSquare representatives.
Project Principal: Bart Williamson has over 30 years of project insurance and
management experience and has worked in the transportation industry for over 16
years. Mr. Williamson will coordinate project needs and resources to ensure high-
quality deliverables are received in a timely manner.
Senior Pavement Engineer: Scot Gordon, PE, IAM, has over 30 years of
licensed Professional Engineering experience in pavement engineering, design,
and transportation planning. Mr. Gordon will review distress interpretations and
provide expertise in pavement management optimization. Mr. Gordon will perform
a 10-mile field pilot study to make necessary corrections to processing routines
and review quality assurance measures with the Town’s Staff.
Data Collection Manager: Rafael Rivera has 12 years of experience in
automated pavement and ROW data collection field efforts. Mr. Rivera is
responsible for updating schedules based on collection status, overseeing the daily
operation crew, and initiating/reviewing the evaluation process for pavement and
ROW assets.
Project Engineer: Sandra Marrero, EI has 8 years of experience evaluating
pavement conditions, processing pavement ratings, preparing reports, and
performing maintenance budget scenarios. Ms. Marrero will assist in the
development of a final report.
Appendix
Zac Thomason, MBA
PROJECT MANAGER, SENIOR VICE PRESIDENT
Mr. Thomason brings over 16 years of dedicated pavement and
asset management experience where his focus has been on the
use of semi-automated and automated technologies for
pavement distress surveys, enterprise software implementation,
pavement preservation, budget modeling & forecasting, and
multi-year rehabilitation plan development. In addition to
pavements, Mr. Thomason has vast experience with Right of
Way asset inventory development that ranges from roadside
features such as signs & supports, sidewalks, pedestrian curb
ramps, striping & markings, curb & gutter, guardrail, bike racks,
and nearly any asset that can be seen in the right of way. He has
also managed complex sidewalk and pedestrian curb ramp
inventory assignments that have included off road vehicle data
collection, advanced LiDAR surveys to acquire geometric
measurements (ramp, landing, & flare), long-range project
prioritization sequencing, and project planning.
Municipal Leadership Experience in Arizona & the
Southwest: Fountain Hills, Yuma, Casa Grande, Marana, Pinal County, Glendale,
Goodyear, Scottsdale, Gilbert, Prescott, Coconino County, & Bullhead City, AZ;
Albuquerque, Roswell, Las Cruces, Los Alamos County, & Dona Ana County, NM; Long
Beach, Pasadena, Fontana, Orange County, Imperial County, Carlsbad, La Mesa,
Lancaster, San Luis Obispo, Coachella Valley Association of Governments (CVAG), &
Modesto, CA.
*projects in red represent Lucity users
LUCITY PROJECT LEADERSHIP ROLES IN ARIZONA
Town of Fountain Hills, Arizona – Pavement Condition Survey & Analysis
Mr. Thomason served as the Project Manager for a networkwide pavement data collection
and analysis update for the Town of Fountain Hills. Semi-automated data collection
equipment was utilized to survey over 160 centerline miles of Town maintained arterial,
collector, and residential roadways, resulting in over 200 survey miles. All data was
collected in conformance with the ASTM D6433 protocols and the extent/severity data
was summarized as a 0-10 index for import into the Lucity pavement management
software. While the Lucity software was not installed on Town servers, the license was
hosted by the consultant and the Lucity analysis parameters were configured to match
the Town’s existing business practices. Maintenance and rehabilitation activities were
updated for the pre-incorporation and post-incorporation roadways, deterioration curves
were updated, and budget models were run within Lucity to develop a 10-year condition
and budget forecast. The results of the analysis were bound into a final report and
presented to Town Council in multiple formats to assist in budget discussions, level of
service identification, and long range transportation planning.
FIRM Roadway Asset Services
EXPERIENCE 16 years
EDUCATION
M.B.A., Business
Administration,
University of
Phoenix, 2007
B.S., Global Business,
Arizona State
University, 2005
LOCATION
Chandler, Arizona
Zac Thomason, MBA- Project Manager
City of Prescott, Arizona – Pavement Condition Survey & Analysis
Mr. Thomason served as the Project Manager for a networkwide pavement data collection
and analysis update for the City of Prescott. Semi-automated data collection equipment
was utilized to survey over 293 centerline miles of City maintained arterial, collector, and
residential roadways, resulting in over 360 survey miles. All data was collected in
conformance with the ASTM D6433 protocols and the extent/severity data was
summarized as a 0-10 index for import into the Lucity pavement management
software. The Lucity operating parameters were updated as a part of the analysis and
multiple budgetary models were run to establish the relationship between the network
level PCI and annual funding. In addition, the Supersegments within Lucity were
developed and linked to form a true “Neighborhood Approach” with the pavement
management models. Supersegments were developed based upon relative condition,
pavement type, and a maximum upset limit. Supersegments were then linked to form a
cohesive neighborhood based approach. The results of the analysis were presented to
City Council such that they understood the current condition of the network, challenges
to be overcome, and the impact of the current budget on the road network.
Pinal County, Arizona – Pavement Condition Survey, ROW Assets, & Analysis
Mr. Thomason has served as the Assistant Project Manager and Project Manager for
multiple networkwide pavement data collection and analysis updates for Pinal County.
Semi-automated data collection equipment was utilized to survey over 1,386 centerline
miles of County maintained arterial, collector, and residential roadways, resulting in over
1,700 survey miles. All data was collected in conformance with the ASTM D6433
protocols and the extent/severity data was summarized as a 0-10 index for import into the
Lucity pavement management software. During the last data collection project, the
Lucity operating parameters were fully updated to ensure the County was taking
advantage of the recent updates within the Lucity software. Budgetary models were run
within the system to identify the steady state PCI and backlog requirements. Right of way
asset inventories were also captured as a part of the project, loaded to the appropriate
Lucity module, and delivered as a Personal Geodatabase with representative symbology.
City of Paradise Valley, Arizona – Pavement Condition Survey & Analysis
Mr. Thomason served as the Project Manager for multiple networkwide pavement data
collection and analysis updates for the City of Paradise Valley. Semi-automated data
collection equipment was utilized to assess over 190 survey miles. All data was collected
in conformance with the ASTM D6433 protocols and the extent/severity data was
summarized as a 0-10 index for import into the Lucity pavement management
software. The Lucity operating parameters were updated as a part of the analysis and
multiple budgetary models were run to establish the relationship between the network
level PCI and annual funding. In addition, the Supersegments within Lucity were
developed and linked to form a true “Neighborhood Approach” on a Maintenance District
by Maintenance District basis within the models. Supersegments were developed based
upon relative condition, pavement type, and a maximum upset limit. The results of the
analysis were presented to City Council such that they understood the current condition
of the network, challenges to be overcome, and the impact of the current budget on the
road network.
BART WILLIAMSON, FCLS
PROJECT PRINCIPAL
Mr. Williamson brings over 30 years of management
experience in a wide variety of projects and programs that
include public works, insurance, and transportation on a
national level. He has developed an in-depth understanding
of business processes and politics that are germane to
governments. Mr. Williamson has assisted with asset
management needs assessments, management of pavement
condition survey, and ROW collection projects.
KEY PROJECTS
Arizona Department of Transportation- Geospatial Roadway Data Collection
Mr. Williamson is serving as Project Principal for the Arizona Department of
Transportation’s pavement condition survey of 5,000 test miles. Automated data
collection vehicles are utilized to provide pavement data and imagery in accordance with
the HPMS guidelines for statewide data collection. Mr. Williamson coordinates project
needs and establishes channels of communication that works with the Department staff.
Arizona Department of Transportation-City of Maricopa- Road Sign Data Collection
Mr. Williamson was the Project Principal for conducting a road sign inventory and an
FHWA approved visual nighttime retroreflectivity inspection of all road signs located within
the LPA jurisdictional boundaries. Data collection occurred on the City’s 446 miles of
roadways using automated data collection vehicles. The traffic sign inventory data was
imported into VUEWorks to track the sign inventory and prioritize asset replacement.
City of Grand Junction, Colorado – Street Assessment Project
Mr. Williamson is serving as the Project Principal for the City’s pavement condition survey
of 500 test miles. Roadway Asset Collection (RAC) vehicles were utilized to capture
pavement distress imagery for the calculation of PCI values. Following data collection
and PCI calculation, RAS will deliver a final Lucity import database file. In addition, RAS
is working with the City to set constraints within Lucity for performing internal budget
scenarios.
City of Albuquerque, New Mexico – Pavement Condition Survey
Mr. Williamson served as the Project Principal for the City’s Pavement Condition
Assessment of 4,548 lane miles. RAC vehicles were utilized, in accordance with the
ASTM D6433, to provide the City with a PCI value for each street segment and the overall
network. The project also included an extensive ROW asset inventory that included: traffic
signs, pavement markings, pavement striping, sidewalks, ADA ramps, driveways, bike
lanes, curb and gutter, guardrail, streetscapes, traffic calming devices, polygon mapping,
control boxes, backflows, and electrical/water meters. Mr. Williamson was responsible for
maintaining communication among the RAS team and the City staff. In addition, Mr.
Williamson coordinated project needs and met with the City to understand project goals.
FIRM Roadway Asset Services
EXPERIENCE 30 years
EDUCATION
B.S., Business
Marketing Honors and
Distinction Indiana
University, 1989
Bart Williamson, FCLS – Project Principal
City of Salt Lake City, Utah – Pavement Condition Assessment
Mr. Williamson was the Project Principal for Salt Lake City’s pavement condition
assessment of 592 centerline miles of roadways. The project also included GIS based
mapping, geodatabase design, import into Cartegraph OMS, and long term pavement
preservation plans utilizing historic and current analysis. RAS performed budget analysis
and maintenance optimization scenarios for the City’s pavement network.
City of Austin, Texas– Pavement Data Collection (2022) and Traffic Sign Data
Collection (2021)
Mr. Williamson served as the Project Principal for the City of Austin’s 2021 Traffic Sign
Data Collection. The network (33,638 street segments and 5,000 test miles) was collected
utilizing mobile LiDAR imaging to provide the City with data and imagery on sign faces,
sign structures, sign location, and sign assets. Mr. Williamson is currently serving as the
Project Principal for the City’s 2022 Pavement Data Collection. This project consists of
providing distress data for the City’s 5,000 test mile road network. Following collection,
RAS will provide the City with a Video Logger for staff to visually display the inventory
elements and results of the survey.
City of Denver, Colorado – Pavement Condition Assessment
Mr. Williamson is serving as the Project Principal for the City’s 5,756 miles of roadways.
The project analyzed various City assets including protective barriers, pavement
markings, signal support structures, MUTCD specialty signs, sign support, sidewalks, and
sidewalk obstructions. Following collection, PCI and IRI data are being implemented into
the City’s GIS.
City of San Antonio, Texas – Pavement Condition Index Modeling Update
Mr. Williamson served as the Client Services Manager for the City’s analysis on PCI rate
deterioration between pavement evaluation results inputted into Cartegraph in 2019 and
2022. The project consisted of providing deterioration models, recommending
improvements for overall maintenance, and calculating average PCI per year per District.
RAS developed a multitude of budget scenarios within Cartegraph based on the cost of
treatment and predicted improvements to corresponding road sections.
City of Corpus Christi, Texas - Pavement Data Collection and Integration
Mr. Williamson served as the Project Principal for the City’s pavement condition data and
ROW asset inventory for the 2,448 miles of roadways. RAC vehicles were utilized to
assess pavement distress, curb and gutter, pavement markings and striping, traffic signs,
sidewalks, and ADA ramps. Following collection, PCI values were integrated into
Cartegraph.
City of Rancho Palos Verdes, California – Roadway Asset Management Program
Mr. Williamson served as the Project Principal for the City of Rancho Palos Verdes’ mobile
data collection project for its 150 centerline mile network. The project consisted of utilizing
RAC vehicles to provide a ROW asset inventory. The ROW Asset inventory included the
following assets: curb and gutter, curb ramps, concrete medians, and guardrails.
Mark Kramer, PE, MBA
ASSISTANT PROJECT MANAGER, CHIEF DATA OFFICER
Mr. Kramer serves as the Chief Data Officer at Roadway Asset
Services. Mr. Kramer has 24 years of experience in engineering and
information technology projects including pavement condition, sign
inventory, and sidewalk condition surveys. He is an expert in
commercial off the shelf software, data management, data analysis,
and delivery of technology projects.
Mr. Kramer’s expertise also extends to 3rd party pavement
management system implementations as he previously worked for
Lucity as a software implementer and spent over 10 years serving
the Town of Gilbert as their Director of IT. As a part of those
responsibilities, Mr. Kramer and his team managed the Town’s
enterprise Lucity license and GIS synchronization.
PAVEMENT AND ASSET PROJECT EXPERIENCE
Town of Fountain Hills, AZ – Pavement Condition Survey
Mr. Kramer served as the Engineering Manager for a networkwide
pavement data collection and analysis update for the Town of
Fountain Hills. Semi-automated data collection equipment was
utilized to survey over 160 centerline miles of Town maintained
arterial, collector, and residential roadways, resulting in over 200
survey miles. All data was collected in conformance with the ASTM
D6433 protocols and the extent/severity data was summarized as a
0-10 index for import into the Lucity pavement management
software. While the Lucity software was not installed on Town
servers, the license was hosted by the consultant and the Lucity
analysis parameters were configured to match the Town’s existing business practices.
Maintenance and rehabilitation activities were updated for the pre-incorporation and post-
incorporation roadways, deterioration curves were updated, and budget models were run
within Lucity to develop a 10-year condition and budget forecast. The results of the
analysis were bound into a final report and presented to Town Council in multiple formats
to assist in budget discussions, level of service identification, and long range
transportation planning.
City of Prescott, Arizona – Pavement Condition Survey & Analysis
Mr. Kramer served as the Engineering Manager for a networkwide pavement data
collection and analysis update for the City of Prescott. Semi-automated data collection
equipment was utilized to assess over 360 survey miles. All data was collected in
conformance with the ASTM D6433 protocols and the extent/severity data was
summarized as a 0-10 index for import into the Lucity pavement management
software. The Lucity operating parameters were updated as a part of the analysis and
multiple budgetary models were run to establish the relationship between the network
FIRM
Roadway Asset Services
EXPERIENCE
24 years
EDUCATION
MBA-IT Western
International,2003
B.S., Civil Engineering,
Arizona State University,
1998
LOCATION
Mesa, Arizona
REGISTRATIONS
-AZ Professional
Engineer, Certificate
Number: 40225
Professional Certifications
Microsoft SQL Server
Microsoft Power BI
Mark Kramer, PE, MBA-IT – Assistant Project Manager
level PCI and annual funding. In addition, the Supersegments within Lucity were
developed and linked to form a true “Neighborhood Approach” with the pavement
management models. Supersegments were developed based upon relative condition,
pavement type, and a maximum upset limit. Supersegments were then linked to form a
cohesive neighborhood based approach. The results of the analysis were presented to
City Council such that they understood the current condition of the network, challenges
to be overcome, and the impact of the current budget on the road network.
Pinal County, Arizona – Pavement Condition Survey, ROW Assets, & Analysis
Mr. Kramer served as the Engineering Manager for a networkwide pavement data
collection and analysis updates for Pinal County. Semi-automated data collection
equipment was utilized to assess over 1,700 survey miles. All data was collected in
conformance with the ASTM D6433 protocols and the extent/severity data was
summarized as a 0-10 index for import into the Lucity pavement management
software. During the last data collection project, the Lucity operating parameters were
fully updated to ensure the County was taking advantage of the recent updates within the
Lucity software. Budgetary models were run within the system to identify the steady state
PCI and backlog requirements. Right of way asset inventories were also captured as a
part of the project, loaded to the appropriate Lucity module, and delivered as a Personal
Geodatabase with representative symbology.
City of Paradise Valley, Arizona – Pavement Condition Survey & Analysis
Mr. Kramer served as the Engineering Manager for a networkwide pavement data
collection and analysis updates for the City of Paradise Valley. Semi-automated data
collection equipment was utilized to survey over 148 centerline miles of City maintained
arterial, collector, and residential roadways, resulting in approximately 190 survey miles.
All data was collected in conformance with the ASTM D6433 protocols and the
extent/severity data was summarized as a 0-10 index for import into the Lucity pavement
management software. The Lucity operating parameters were updated as a part of the
analysis and multiple budgetary models were run to establish the relationship between
the network level PCI and annual funding. In addition, the Supersegments within Lucity
were developed and linked to form a true “Neighborhood Approach” on a Maintenance
District by Maintenance District basis within the models. Supersegments were developed
based upon relative condition, pavement type, and a maximum upset limit. The results
of the analysis were presented to City Council such that they understood the current
condition of the network, challenges to be overcome, and the impact of the current budget.
City of Yuma, Arizona – Pavement Condition Survey and Analysis
Mr. Kramer served as the Engineering Manager for this assignment to conduct a semi-
automated data collection effort of over 400 centerline miles of roadways. The City
migrated from the Cartegraph software to Lucity and conducted it’s first full linear
automated approach during this project. The condition data was processed into a
modified ASTM D6433 PCI score and loaded to a Lucity test environment. The City’s
robust preservation program was programmed into the Lucity model to assist in extending
roadway design life and maximizing the City’s limited funds. The results were aggregated
to the network level such that the results of the network as a whole could be documented.
G. SCOT GORDON, PE, IAM
SENIOR PAVEMENT ENGINEER
Mr. Gordon serves as President and Lead Pavement Engineer at
Roadway Asset Services. Mr. Gordon has 30 years of experience in
transportation engineering, geotechnical engineering, and
construction materials testing for transportation networks. As a
professional engineer, he has managed numerous projects such as
design/build highway projects, airfield pavement, and other
government projects. He is an expert in the design, evaluation,
monitoring, and research of pavement as well as pavement
rehabilitation and soil stabilization. Scot has completed numerous
projects related to pavement management system implementation,
pavement condition surveys, sign management surveys, and
sidewalk condition surveys. The following is a brief list of projects he
has managed.
KEY PROJECTS
City of Grand Junction, Colorado – Street Assessment Project
Mr. Gordon is serving as the Project Manager/Pavement Engineer
for the City’s pavement condition survey for 500 test miles of paved
roads. RAC vehicles are utilized to collect imagery for arterial,
collector, striped local roads, and residential roadways in accordance
with the ASTM D6433 methodology. PCI data is conducted on each
street segment which is typically blocked and tagged with a Facility-
ID on the feature class layer in GIS. Following PCI and IRI survey
results, data will be integrated into Lucity. Mr. Gordon will work with
City staff to develop budgetary scenarios that reflect treatment goals.
Arizona DOT- Geospatial Roadway Data Collection
Mr. Gordon is serving as Senior Pavement Engineer for the Arizona
Department of Transportation’s pavement condition survey of 5,000
test miles. Automated data collection vehicles are utilized to provide
pavement data and imagery in accordance with the HPMS guidelines
for the Statewide data collection.
City of Durham, North Carolina-Pavement Condition Survey
Mr. Gordon served as the Senior Pavement Engineer for the
automated pavement condition survey of the City’s 700 mile
pavement network. The project included data collection per the
ASTM D6433, pavement condition rating/assessment, budget
analysis, and maintenance repair recommendations and reports. Mr.
Gordon worked with the City on the interpretation of PCI results and
presented the findings to the City Council for budget planning.
FIRM
Roadway Asset Services
EXPERIENCE
30 years
EDUCATION
M.E., Civil Engineering,
Texas A&M University,
1990
B.S., Civil Engineering,
Texas A&M University,
1989
REGISTRATIONS
-TX Professional
Engineer, Certificate
Number:88099
-CO Professional
Engineer, Certificate
Number:30239
-MD Professional
Engineer, Certificate
Number:33493
-FL Professional
Engineer, Certificate
Number:83979
-NC Professional
Engineer, Certificate
Number:46459
-NM Professional
Engineer, Certificate
Number:26330
-GA Professional
Engineer, Certificate
Number:45916
-Institute of Asset
Management Certified
G. Scot Gordon, PE, IAM – Senior Pavement Engineer
City of Salt Lake City, Utah – Pavement Condition Assessment
Mr. Gordon was the Project Manager/Senior Pavement Engineer for Salt Lake City’s
pavement condition survey on approximately 592 centerline miles of roadways. The
project included the calculation of PCI values, GIS based mapping, geodatabase design,
Cartegraph importation, and long term pavement preservation plans that examine historic
and current analysis. Mr. Gordon worked with the City the develop a multitude of
budgetary scenarios based on maintenance strategies and recommendations.
City of New Braunfels, Texas – Pavement Data Collection and ROW Inventory
Mr. Gordon served as the Senior Pavement Engineer for the City’s pavement condition
data collection of 469 test miles of roadways. Pavement data was collected utilizing an
RAC vehicle that captures images for all pavement and ROW assets. Following collection,
PCI survey results were analyzed utilizing RAS’ Road TRIP (Technical Rating Intelligence
Program) to identify distresses including alligator cracking, longitudinal cracking, raveling,
and patching. Mr. Gordon conducted a field pilot validation study at project initiation to
preliminarily review condition data before collecting the entire network. In addition, Mr.
Gordon assisted the City in the interpretation of PCI values and repair recommendations.
Denver, Colorado - Pavement Condition Survey
Mr. Gordon is serving as the Senior Pavement Engineer for the City’s 5,756 miles of
roadways. The project analyzed various City assets including protective barriers,
pavement markings, signal support structures, MUTCD specialty signs, sign support,
sidewalks, and sidewalk obstructions. Following collection, PCI and IRI data are being
implemented into the City’s GIS. Mr. Gordon hosts monthly meetings with City Staff and
RAS Team Members to update project resources, discuss current goals, and maintain
communication throughout project fulfillment.
Albuquerque, New Mexico - Pavement Condition Survey and ROW Asset Inventory
Mr. Gordon served as the Senior Pavement Engineer for the City’s pavement condition
survey for its 4,548 lane mile network of roadways and alleys. RAC Vehicles collected
imagery for the following ROW assets: traffic signs, pavement markings, pavement
striping, sidewalks, ADA ramps, bike lanes, curb and gutter, guardrail, streetscapes,
traffic calming devices, polygon mapping, control boxes, backflows, and electrical/water
meters. Asset extraction was integrated into the City’s VUEWorks asset management
system.
Mesa County, Colorado - Pavement Data Collection
Mr. Gordon served as the Senior Pavement Engineer for the County’s pavement condition
survey of 698 centerline miles of paved roads. Mr. Gordon was responsible for assuring
data collection by the RAC vehicles developed unique identifiers for each road segment
so the County can maintain a persistent link to GIS data. Mr. Gordon selected pavement
treatments based on PCI ratings and identified distress types. Survey results were
incorporated into the County’s pavement management system, Cartegraph.
RAFAEL RIVERA
DATA COLLECTION MANAGER
Mr. Rivera has over 12 years of experience in automated data
collection of pavement and ROW asset inventories. Mr. Rivera
has been involved with collection and management of over
100,000 miles of roadways. Mr. Rivera’s positions have included
automated data collection vehicle operator, pavement analyst,
LiDAR analyst, and GIS analyst.
KEY PROJECTS
City of Salt Lake City, Utah– Pavement Condition Assessment
Mr. Rivera was the Data Collection Manager for the City’s
automated pavement surface inventory and distress survey on
approximately 592 centerline miles. Final deliverables consisted
of PCI values, GIS based mapping, geodatabase design, import
into Cartegraph, data and budget analysis, maintenance
optimization, and pavement preservation plans with an
examination of historic and current analysis. Mr. Rivera provided
route tracking for field operation crew and ensured 100% of the
network was collected.
Arizona Department of Transportation- City of Buckeye- Sign Data Collection
Mr. Rivera was the Data Collection Manager for the collection of a road sign inventory
and visual nighttime retroreflectivity inspection of all road signs located within the LPA
jurisdictional boundaries. The daytime inventory and condition assessment of the City’s
1,850 test miles of roadway was collected via automated data collection vehicles. The
retroreflectivity assessment was conducted using an FHWA approved nighttime visual
assessment methodology.
City of Denver, Colorado – Pavement Condition Assessment
Mr. Rivera is serving as the Data Collection Manager for the automated data collection
project of the City’s 5,756 miles of roadways. The project analyzed various City assets
including protective barriers, pavement markings, signal support structures, MUTCD
specialty signs, sign support, sidewalks, and sidewalk obstructions. Following collection,
PCI and IRI data are being implemented into the City’s GIS. The ROW assets are being
imported into Cartegraph.
City of Rancho Palos Verdes, California – Roadway Asset Management Program
Mr. Rivera served as the Data Collection Manager for the City of Rancho Palos Verdes’
mobile data collection project for its 150 centerline mile network. The project consisted of
utilizing RAC vehicles to provide a ROW asset inventory. The ROW Asset inventory
included the following assets: curb and gutter, curb ramps, concrete medians, and
guardrails.
FIRM
Roadway Asset Services
2 years
EXPERIENCE
12 years
EDUCATION
B.S., Mechanical
Engineering, University
of Central Florida, 2011
B.S., Aerospace
Engineering, University of
Central Florida, 2016
Sandra Marrero, E.I.
PROJECT ENGINEER
Ms. Marrero works on the firm’s roadway asset collection projects
with a pavement analysis component. Sandra has over eight
years of experience evaluating pavement conditions, processing
pavement ratings, preparing reports, performing maintenance
budget scenarios, reporting the results of project finding in
meetings, and discussing with the Client. Her software
experience includes Lucity, Cartegraph, Streetlogix, PAVER,
VUEWorks, EarthShaper, ArcGIS, AutoCAD, Civil 3D, and the
Microsoft Office suite.
KEY PROJECTS
Pennington County- Pavement Condition Assessment
Mrs. Marrero is serving as a Project Engineer for the County’s
pavement condition survey for 684 survey miles. Automated
collection vehicles will be utilized to collect pavement distress
information that follows the ASTM D6433 methodology. Following collection, the County
will be provided the RAS Videologger that enables County Staff to visually view
information collected from the survey.
Central Texas Regional Mobility Authority – Pavement Condition Assessment
Mrs. Marrero is serving as a Project Engineer for the automated data collection of
CTRMA’s 286 test miles. RAS is utilizing an RAC van to collect imagery on pavement
distresses and IRI. RAS is also completing skid testing for CTRMA. Following collection,
RAS will utilize the TxDOT Pavement Management Information System to determine
distress and pavement condition scores.
City of Albuquerque, New Mexico – Pavement Condition Survey
Ms. Marrero served as a Project Engineer for the mobile image data collection project of
the City’s 4,548 lane mile network. RAC vehicles were utilized, in accordance with the
ASTM D6433, to provide the City with a PCI value for each street segment and the overall
PCI value for the network. The project also included an extensive ROW asset inventory
that included: traffic signs, pavement markings, pavement striping, sidewalks, ADA ramps,
driveways, bike lanes, curb and gutter, guardrail, streetscapes, traffic calming devices,
polygon mapping, control boxes, backflows, and electrical/water meters. Ms. Marrero
assisted with data integration in the City’s pavement management software, VUEWorks.
City of Rowlett, Texas - Pavement Condition Assessment and ROW Asset Inventory
Mrs. Marrero served as a Project Engineer for the City’s automated data collection project
for 327 test miles of pavement and 107 miles of alleys. Additionally, RAS is completing
an extensive ROW asset inventory for the following assets: traffic signs, pavement
markings, pavement striping, sidewalks, and ADA ramps. The pavement data is being
imported into the City’s PAVER database as well as VUEWorks, the City’s asset
management system. Ms. Marrero assisted with the development and delivery of the final
report.
FIRM
Roadway Asset Services
1 year
EXPERIENCE
8 years
EDUCATION
B.S., Civil Engineering,
University of Puerto Rico, 2013
REGISTRATIONS
-FL Engineer Intern,
Certificate
Number:1100023293
Project
Approach
Town of Fountain Hills
Pavement Condition and Evaluation Related Services
11
Proprietary Information
7.2.4 Project Approach
Project Understanding
RAS understands the Town of Fountain Hills is seeking a qualified vendor to conduct a
block-to-block pavement condition assessment on 390 lane miles of roadway. The
pavement condition assessment will be conducted utilizing a Roadway Asset Collection
(RAC) vehicle that is equipped with the most advanced 3D surface imaging technology,
IMU enabled GPS, differential encoder, and a Ladybug 360 degree camera for ROW
capture. RAS will calculate an ASTM D6433 Pavement Condition Index (PCI) score using
the extent and severity distress data captured in the field. While conducting the pavement
condition assessment and listed as an optional service in the RAS fee structure, the RAC
vehicles can also capture ROW attributes for traffic signs, pavement markings, excess
pavement in the gutter pan, and speed humps.
The pavement data will be processed per
street segment for the entire roadway
network using the continuous and detailed
20-foot linear samples acquired by the RAC
Laser Crack Measurement System (LCMS-
2) vehicle. RAS will adopt the Town’s
existing GIS centerlines and Segment ID’s
that were assigned during the last round of
data collection. As conducted on previous
assignments in Fountain Hills, the RAC
vehicle will two pass test arterials and collectors while single pass testing residential
roadways, resulting in approximately 203 survey miles.
The detailed data collected by the RAC vehicle will eventually be rolled up to the segment
level for PCI reporting purposes. The Town will receive the condition and analysis results
in several formats such as Excel Spreadsheets, geodatabases for plotting within a GIS
environment, ESRI Storymap’s, and an RAS Microsoft Power BI Dashboard that displays
the results of the Lucity analysis using presentation quality graphs and illustrations.
Pavement Data Collection Equipment
To complete the automated pavement condition survey, the RAS team will utilize RAC
vehicles from the fleet of four (4), equipped with:
The LCMS-2 camera is a downward-facing laser array providing images used to
evaluate data that conforms with ASTM D6433 protocols, which uses two 1-
millimeter-pixel resolution line scan cameras to provide a customized digital
condition rating system to collect user defined severity/extent-based
pavement distresses and rutting.
Town of Fountain Hills
Pavement Condition and Evaluation Related Services
12
Proprietary Information
The pavement distress type, density, severity, and extent are collected with the
LCMS-2 and are used to calculate a Pavement Condition Index (PCI) score,
between 0-100, that represents the condition of 100% of the driven lanes.
Point Gray Ladybug 5+ 32MP 360-degree High-Definition camera (utilized for
accurate ROW asset capture, extraction, and pavement QA/QC) is far superior
to multiple independently mounted HD cameras.
Linear distance measuring to within +/-0.5%.
A class 1 inertial profiler for simultaneously capturing
dual-wheel path (left and right) International Roughness
Index (IRI) measurements to the hundredth inch, in
accordance with AASHTO R48. The profiler has gone
through ASTM E-950 certification and has been
independently certified by Texas A&M Transportation
Institute (TTI) and the National Center for Asphalt
Technology (NCAT). The inertial profiler meets the
requirements and operates in accordance with AASHTO Standards M 328, R 57-
10, R 56-10, and R43M/R43-7.
Applanix POS/LV with DGPS (Provides accurate internal GPS navigation for
geo-locating pavement and right of way asset information).
All subsystems for the RAC vans are integrated using tight synchronization between all
data streams on the truck in real-time, referenced to both time and distance. All sensor
locations are coordinated to the vehicle’s reference point, together with the GPS
and IMU hardware, using 3D translations and rotations. This allows the final world
coordinates of all sensor data streams to be calculated and integrated. The methods for
automated data collection and pavement condition rating are repeatable and defensible.
Town of Fountain Hills
Pavement Condition and Evaluation Related Services
13
Proprietary Information
RAS is fully capable of meeting the scope requirements as our team owns four (4) RAC
vehicles and retains a strategic partnership with our equipment manufacturer and
assembler that can result in mobilizing as many LCMS-2 vehicles as needed for a
reasonable project completion timeline. RAS’ access to state-of-the-art equipment
ensures project timeline goals are met as the team can supplement additional RAC
vehicles or transfer equipment at a moment’s notice for instances of equipment
malfunction. Our fleet of RAC vehicles provides the Town an additional line of
security, as the equipment is less than a year old.
Collection and Provision of High-Resolution Panoramic Digital Imagery
The RAS team will utilize RAC vehicles to conduct the pilot and network wide pavement
and asset data collection on the Town’s maintained road network. All collected pavement
and ROW imagery will be provided in appropriate state plane coordinates, while being
collected in a continuous pass at posted roadway speeds. The high-definition panoramic
Ladybug camera will be used to inventory and capture right-of-way (ROW) assets for
extraction of pavement markings, speed humps, traffic signs, and other assets if selected
by the Town. All captured images will be delivered to the Town in .jpeg format and
processed at 15-25ft intervals for the entire survey area. The images will be collected
as a 360-degree right-of-way panorama, including forward, rearward, and
downward pavement viewing images. Each image will be electronically tagged with
location information for plotting within a spatial environment. Traffic control will not be
required since the RAC vehicle will collect all data in motion and is not required to stop or
disrupt traffic during operation. As a value added service, RAS believes that delivery
of ALL Image Views is paramount to Town review and as such all imagery
(including the LCMS downward imagery) will be delivered to the Town of Fountain
Hills at no additional cost.
Sample Imagery of ALL Views Delivered to Town at No Charge
Town of Fountain Hills
Pavement Condition and Evaluation Related Services
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Proprietary Information
Detailed Quality Assurance & Quality Control Work Plan
While the 10-mile pilot hosted by Scot Gordon and Zac
Thomason will illustrate the completeness and accuracy of the
RAS data stream. RAS has also developed a detailed 30-page
Data Quality Management Plan (DQMP) to provide our clients
with a systemized method for assuring data is representative of
the conditions present. Included in the DQMP is a description of
condition survey procedures, data collection vehicle and system
calibration/verification, range of accuracy, data checks,
verification by trained engineers, roadway segment
review/verification, and integration into asset management
programs.
All RAS projects include the establishment of a field pilot study that allows the collection,
processing, and review of condition data to ensure data is representative of the
expectations and needs of Town staff. Following this step, corrections to processing
routines are made based on standard construction practices/soil conditions. The focus on
data quality at the initiation of the project saves the Town time/money and provides high-
quality deliverables that can be utilized in practice. We can supply the Town of Fountain
Hills with our published 30-page DQMP at the request of Town Staff. The documents length
and technical nature didn’t make it suitable for inclusion with this proposal submission.
Quality Assurance Step #1 – Network Database Review (Gap Analysis)
While a simple routine in every project, the cornerstone to project initiation is conducting
a complete diagnostic of the roadway network, including a full and thorough assessment
of the Town’s GIS centerline and Lucity inventory database. This will include a review of
the Town’s data requirements (i.e., what information is needed/desired) and subsequent
data gap analysis (what is missing).
RAS will include the following in this initial review:
a. Base inventory information, (i.e., Functional Class, lengths, areas, surface type,
etc.)
b. Historical condition information
c. Status of survey history
d. Construction and maintenance history
e. Review & update of maintenance and rehabilitation treatments and unit costs
f. Review & update of existing pavement deterioration curves
g. Review & update of Lucity analysis operating parameters to ensure the Town is
maximizing the latest updates
Town of Fountain Hills
Pavement Condition and Evaluation Related Services
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Proprietary Information
Quality Assurance Step #2 – Mobilization/Calibration/Pilot/Kickoff
At the outset of the project, RAS will work in conjunction with the Town’s Staff to review
the Town’s existing GIS centerline files and legacy Lucity Street Segment Inventory for
use in this project. After an initial review, RAS will conduct a kickoff meeting with Town
staff to discuss the GIS files, deliverable formats, and additional data needed by RAS for
preparation, process for interim review, and project administration. During the kickoff
meeting, team members will also determine a pilot area of approximately 10 miles
for collection and review of all
deliverables by Town Staff, obtain a
collection letter, and determine areas
that are of greatest priority for collection
or that require special timing for
collection due to festivals such as
Fountain Hills Music Festival, Ballet
Under the Stars, Turkey Trot, or other
events.
The importance of the field pilot cannot be understated
as it has become a routine milestone for the RAS Team
on all pavement condition projects. The pilot allows RAS
to collect, process, and review condition data with Town
Staff to ensure accuracy with the data collection and
interpretation protocols. In addition to the Town’s
eventual review of the 10-mile pilot data, the review of
the RAS condition data will be hosted by Senior Pavement Engineer, Scot Gordon,
PE, IAM, and Project Manager, Zac Thomason, in the field, where they will review
site conditions with Town Staff. The importance of this step is to make necessary
corrections to the processing routines that result from local standard construction
practices/soil conditions and to ensure accuracy with the approach.
As a cornerstone to the development of quality data deliverables, Scot Gordon, PE has
performed a pilot data field validation with agency staff on hundreds of pavement
condition surveys. Throughout his career, Scot has worked with various agencies on the
field pilot data validation including but not limited to:
San Antonio, TX
Houston, TX
Durham, NC
Virginia Beach, VA
Chicago MAP, IL
Indianapolis, IN
Fort Worth, TX
Salt Lake City, UT
Corpus Christi, TX
Denver, CO
Albuquerque, NM
Charlotte, NC
“The pilot data field validation was crucial to our
acceptance and buy-in on our pavement quality
assessment. Mr. Gordon explained each condition, the
methods of measurement of the distresses, and how the
PCI score calculations could help us understand the
meaning and relationship of the values to our perceptions
of pavement performance. This personalized process
allowed us to make maintenance decisions from the data
provided with confidence.” Zayne Huff, City of Southlake
Town of Fountain Hills
Pavement Condition and Evaluation Related Services
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Proprietary Information
Quality Assurance Step #3 – Subsystem Monitoring In The Field
During the survey, the collection software monitors
the GPS subsystems and alerts the operator if the
GPS feed drops out or if GPS quality is
compromised. It displays the satellite count, which
should normally remain above four (4). If the satellite
count falls below that threshold due to the vehicle
entering a tunnel, driving under a bridge, or driving
in a region with tall buildings, this will be displayed
for the operator. The IMU will provide acceleration-based corrections during this time to
ensure that GPS accuracy is maintained as much as possible. Depending on the grade
of IMU used in the system, even total GPS outages of 1-3 minutes can be tolerated with
almost no degradation in positional accuracy.
The collection software monitors the status of the subsystems that have been installed
and enabled. A summary screen is displayed for the operator which shows representative
data values and images in real-time, along with any warnings or errors being generated
based on real-time diagnostics. As part of standard practice, the operator continuously
monitors the validity of data being reported by the quality monitoring systems.
The RAS team will also review a randomized sample of images to ensure that it complies
with the requirements of the specifications throughout the course of the network matching
and event QC. Upon completion of the network matching, an image report shall be
generated with the total image count compared with that expected for each road. Daily
Progress Reports are produced by uploading sensor, GPS, and event data and matching
against the road network definition. Progress reports include the following, road sections
collected, length discrepancies, and remaining sections to be completed.
Calibration of the laser profiling system includes laser sensor checks and block tests to
ensure the accuracy of the height sensors, accelerometer calibration “bounce tests” to
verify proper functioning of the height sensors and accelerometers, and distance
calibration to ensure accuracy of the DMI. Calibration of the DMI and some accelerometers
occurs during field testing, and each is checked and recalibrated on a regular basis.
RAS has a proven Quality Assurance/Quality Control procedure for all RAC
projects that begins with our Data Quality Management Plan (DQMP). The systems
and data types collected by the RAC vehicle are:
• Vehicle Travel Distance from Distance Measurement Instrument (DMI)
• Vehicle Position from differentially corrected GPS (DGPS)
• Vehicle Orientation (pitch, heading, roll) from the Inertial Measurement Unit (IMU)
• Longitudinal Profile Roughness (IRI)
• Ladybug 5+ 360-degree Images
• Laser Crack Measurement System (LCMS) 2D and 3D Images
Town of Fountain Hills
Pavement Condition and Evaluation Related Services
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Proprietary Information
Quality Assurance Step #4 – Automated Crack Analysis & Engineer Review
After data is collected in the field and
uploaded to the office environment, it is
imported using the RAS pavement rating tool
Road TRIPTM (Technical Rating
Intelligence Program). The import process
creates mappings to the data so that users do
not need to keep track of where the data is
stored on central data server(s). At this stage,
the major data processing tasks also occur,
such as generation of right-of-way and pavement image streams; calculation of profile,
roughness, rutting, detection of cracks, lane-markings, man-made objects, and other
distresses. The automated crack analysis detects cracks which are overlaid on the
pavement images and offset to assist with the verification of the detected cracks. During
reporting, the distress cracks are defined by road zone and accumulated according to the
units defined in the client specification. The severity levels are identified based upon the
defined limits (ASTM D6433) and verified for resolution through visual quality control
checks of image files. Where density metrics are required, these are determined using
the length of the interval being reported and the width of road zones included.
An experienced pavement inspector will
perform QC to confirm the distresses
and severity of the pavement condition
data collected by the automated
technology. This manual quality review
is performed, in accordance with the
principles of the ASTM D6433 standard,
using the LCMS pavement images
gathered during collection with the
distresses superimposed and color
coded, such as what can be seen in the
corresponding image. The RAS
approach is truly a combination of objective based laser sensors, powerful
algorithms, artificial intelligence (machine learning), and personal review by a
Professional Engineer.
Town of Fountain Hills
Pavement Condition and Evaluation Related Services
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Proprietary Information
Optional Row Asset Data Collection
The panoramic ROW images from the Ladybug 360 camera
system will be provided as an additional database submitted
in a GIS compatible shapefile and/or geodatabase. These
images will be captured for all selected assets within the
Town’s maintained roadways and will include detailed
attributes and conditions for potential assets such as:
pavement markings, pavement striping, speed humps, traffic
signs, and can be expanded to virtually any other asset that
can be identified in the HD 32MP imagery.
With input from Town staff, the following attributes for
pavement markings will be identified: AssetID, X,Y location,
photo image link, type (left/right/straight arrow, only, xing,
bike, lane, merge left/right arrow, slow, etc.), marking color, and physical condition (good,
fair, poor). Additionally for pavement striping typical attributes also include length, width
and lane configurations.
The HD images can then be post-processed using RAS software to collect attributes for
each asset type captured. For example, Traffic signs/supports, which are listed as a
point feature, are commonly captured with the following attributes (the final list of
attributes will be determined
with input from the Town staff):
AssetID, X,Y location, sign type
(MUTCD code), sign text,
photo image link, physical
condition rating (good, fair,
poor), location, support
structure type, sign direction,
and comments.
The RAS asset extraction
system is not limited to these
assets as we can inventory and
extract attributes on nearly any
asset that can be identified in
the images. Other common
roadside features for capture
include sidewalks, pedestrian
curb ramps, curb/gutter, traffic signals, streetlights, fire hydrants, bus stop shelters,
medians, and many others.
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Data Preparation, Delivery, & Import into the Lucity Software
As a strategic business partner of Lucity, the RAS team is commonly tasked with
importing new pavement inspection data into an agency’s production Lucity environment.
The RAS team has a strong working relationship with Jim Muller, CentralSquare Account
Executive, Steve Schultz, CentralSquare Product Manager, and Matt Miner,
CentralSquare Principal Solutions Architect, who are intimately familiar with the Lucity
pavement module and RAS integration routines.
A typical Lucity import happens in two phases as follows:
Phase I: Test Environment – most
agencies operating an enterprise system
such as Lucity have a test environment
specifically set up for vendors to test a
data load prior to moving into production.
During this stage, the RAS team formats
the segment level distress extent and
severity data for import into the Lucity
pavement module software. The data is
loaded as a new inspection such that it
DOES NOT overwrite any legacy data within the software. Old inspections are retained
and simply no longer utilized for budgetary modeling purposes.
Data formats for Lucity users include rolling up the RAS detailed inspection data to match
the Town’s Lucity segmentation and ensuring all data is linked to the appropriate
SegmentID. The distress types are confirmed to be in the correct order and distress
density data (PCI, RI, and optional SI) populated. In addition, the Lucity GIS Manager
will be validated to ensure it retains full synchronization with the implemented Lucity
database. While RAS routinely imports data to Lucity, we find it imperative to begin with
a test environment to fully ensure data integrity.
Phase II: Production Environment – Upon completion of the import to the test
environment, the RAS Team has our Lucity support team review the loaded data to
ensure there are no gaps in the
data structure or format. Upon
acceptance of Lucity, the RAS
team moves the database into
the Town’s production
environment, generally in off-
hours to ensure minimal
downtime for Town Staff and
Services. RAS has the team,
resources, and expertise to
conduct a seamless production load to Lucity.
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RAS Lucity Configuration Workflow
While running the models themselves might seem straight-forward, the RAS approach to
such an analysis involves the following sequences and client engagements during the
process:
Current database review – most issues can be resolved at the initiation of a
project by completing a brief review of the Town’s existing GIS centerlines and
Lucity inventory setup. All RAS projects begin with a review by our Project
Manager, Zac Thomason. Given Mr. Thomason’s familiarity with the Town’s
legacy inventory and Lucity analysis parameter setup, he will discuss the current
inventory and configuration adoption with Town staff. Any recommended changes
to the segmentation or budgetary model configuration will be discussed at this
stage.
Maintenance & Rehabilitation Setup – to ensure the results of the budget model
runs meet the Town’s expectations, Mr. Thomason and Mr. Kramer will discuss
the Town’s current Maintenance and Rehabilitation practices to ensure the Lucity
system is setup to mimic/model real world practices. This includes reviewing
Min/Max PCI, Breakpoint PCI, decision trees for treatments, costs, and reset PCI
values. As a Professional Engineer with extensive pavement experience, Mr.
Kramer is well versed with the application of pavement rehabilitation techniques,
trigger points, real-world impact to PCI, and life cycles. As a part of this process,
RAS will work with the Town to
determine the right treatment
(prescription) at the right time.
RAS can also discuss other
treatments that the Town may or may
not be using, their benefits, their
return on investment, and their
adoption across the Country. The
results of the scenarios would include
investment benefit information
indicating the cost per square foot of
benefit for each maintenance strategy
based on maintenance rehabilitation
costs. This can be reported in a number of ways, but most commonly as the cost
per square foot to increase the PCI by increments of 1 point.
Deterioration Curves – forecasting pavement conditions within Lucity requires a
detailed set of pavement deterioration curves for each roadway traffic
classification, pavement material type, and strength designation. Mr. Gordon,
Senior Pavement Engineer, will review the existing deterioration curves to ensure
they reflect realistic degradation rates in the Town. If alterations to the curves are
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necessary, Scot will lead the update with the team prior to the production data load
into Lucity. Scot Gordon and the RAS team have developed hundreds of
deterioration curves based on collected data. Scot will work with the historical
data from Fountain Hills, along with the collected data from this project, to develop
updated and further refined deterioration curves for each combination of street
classification and pavement surface type, representative of the Arizona climate.
RAS has protocols in place
that preserves historical
collection data and utilizes
past surveys to assist in
modeling through
documenting the change in
conditions between past
surveys and the current
collected data. RAS can make
the comparisons between the
surveys easily viewable for
Town staff to determine if outliers exist. An example of data integration between
collection cycles comes from Scot and the RAS Team’s work with the City of San
Antonio, Texas. Scot provided the City a method to determine the age of each
pavement section and refine the deterioration curves by evaluating the decrease
in PCI per year from historical pavement evaluation data. The delta decrease, or
difference in PCI value per year, along with the range of PCI value of the roadway
provided guides to shape the deterioration curve at each age.
Supersegment Development – the Lucity pavement module runs budgetary
models using a “Supersegment” layer within the application, which is simply
individual segments stitched together to form a logical project or management
section. The benefit of this Supersegment feature within Lucity is that it runs the
budgetary scenario at the project level, producing real-world rehabilitation plans
that are ready for Town review, modification, or acceptance. The RAS team will
also provide recommendations to Town staff for best practices in developing
practically sized Supersegments to
yield model results that can be acted
upon. Typical constraints used when
building Supersegments includes
relative condition, classification, and
an upset limit to prevent projects from
becoming too large. A Microsoft
Access database of the final
configuration, setup, and models will
be provided to the Town.
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Infusing Optimization into the Lucity Analysis
Optimization is a broad-based term that has many different definitions. For most
pavement management systems, optimization is the ability to prioritize a multi-year
rehabilitation plan using several different factors that are important to the Town and based
on sound engineering constraints. For example, RAS commonly configures the Lucity
pavement management system to assign a different set of maintenance and rehabilitation
activities for roadways of different pavement type, traffic, and strength.
With the rehabilitation and maintenance activities set up, an RAS and Lucity analysis
assigns “Criticality” factors to every segment that assist in prioritizing the multi-year plan
and the development of a financially optimized rehabilitation plan. Critical segments are
simply those that are within 2-4 points of falling into the next rehabilitation category.
However, this is only the beginning of an RAS and Lucity Optimized Multi-Year
Plan.
The RAS team also includes a true Financial Optimization Framework (FOF) as a part
of the Lucity analysis. With the critical segments all defined within the analysis, the next
step is to sequence the optimization plan by the “Cost of Deferral”. This financial
optimization sequence allows the
analysis to consider the future costs
of deferring segments and allowing
them to fall into the next more
expensive rehab category. By
calculating the cost of deferral, the
sequence identifies the “Need Year”
of each segment and prioritizes the
highest cost of deferrals while
focusing on selecting critical roads
that are within a few points of dropping into the next category.
Zac Thomason, Project Manager, and Mark Kramer, Assistant Project Manager, are
well versed in the optimization logic within Lucity and actively work with the
CentralSquare development team to ensure peak performance in configuration.
To further enhance upon optimization, Senior Pavement Engineer, Scot Gordon looks
forward to visiting with Town staff on other innovative considerations to pavement
management such as including PCI of curb and gutter in selecting roads for
maintenance; whether or not to deduct for potholes if the Town has a pothole repair
crew; how to get all council districts above a specific PCI threshold; and focused
analysis on top traveled corridors where you are improving the level of service on
the roads receiving the greatest traffic while also analyzing the impacts to the
remainder of the network.
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Lucity Budget Model Development & Final Report Summary
The RAS Team separates itself from our competition through our devotion to the most
critical aspect of the project, which is collaborating with the Town on how to take the
objective condition data and utilize it to make meaningful decisions involving the Town’s
infrastructure. In addition, RAS can supplement a standard analysis with ESRI
Storymap’s or even a Microsoft Power BI Dashbaord.
RAS follows the “AASHTO Transportation Asset Management Guide – A Focus on
Implementation” which provides a framework for organizations to utilize and update the
management of their assets to improve decision-making, monitor performance, and
support integrated decisions in programming projects. The observed distresses and
calculated PCI values will be used within Lucity to rank projects using distress types
indicating load, non-load, and environmental related causes of each distress.
Running budgetary models within a pavement management system requires a deep
understanding of the database structure behind the application. The RAS approach to
budgetary modeling will involve up to 8 pavement management scenarios using different
philosophies, budget levels, and distributions. While RAS will define the scenarios to
be run with Town staff, at a minimum the following questions should be answered
with the scenarios:
How much annual funding is required to maintain existing pavement conditions?
What will the estimated network PCI be over the next 5 years if current funding
levels are maintained?
How much funding will be required to target a specific PCI over the next 5 years?
What will the estimated PCI be in each Council District?
What budget is required to control the growth in backlog?
What are the recommended pavement strategies?
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RAS will also consult with Town staff to develop models utilizing different types of
rehabilitation strategies (worst first, best first, most economic, need year, etc.). RAS
understands that getting buy-in from Town Administrators and Elected Officials means
developing a long-range rehabilitation plan that considers local priorities. The RAS team
will ensure that already approved rehabilitation work is programmed into the budgetary
models for selection during the run. In addition, RAS will consult with Town staff to identity
the total cost (mill, overlay, traffic control, striping, etc.) of each rehabilitation method.
RAS will provide the Town with a final report/executive summary including study
objectives, methodology, road inventory, a summary of current pavement conditions, PCI
values, recommended maintenance needs, street prioritization lists, and probable costs.
In addition, the Town will receive an electronic database consisting of statistical charts,
graphs, summary tables, and area maps illustrating all PCI results, pavement type, overall
road quality, and findings from the pavement evaluation.
The summary report will be provided for review by Town staff and modified based on
comments to produce a final report which will be delivered as a bound report and in
Microsoft Word (.doc and .docx) and Adobe (.pdf) format. Collected data will be formatted
as an ESRI Geodatabase. Additionally, the pavement condition survey data will be
imported into Lucity for use in budget analysis, and repair planning and prioritization.
Council Presentations
The RAS team will provide a public presentation to the Town Council, including data,
charts, and all final summary report data to showcase the results of the pavement
condition survey. Mr. Thomason has extensive experience preparing and presenting
results of pavement and asset conditions assessments, as well as pavement budget
scenarios and maintenance plans to Councils and Commissions as final reports. This is
a standard scope that we provide to all our asset management clients. Zac has worked
with County Commissions or Town Councils with several agencies including Fountain
Hills, AZ; Prescott, AZ; Pasadena, CA; Long Beach, CA; Flower Mound, TX; Steamboat
Springs, CO; and Minnehaha County, SD to name a few.
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Approach to Contract Management
RAS utilizes the Project Management Body of
Knowledge (7th edition) to define and adhere to the
principles of planning. This guide provides a
breakdown of general management including
methods for planning, organizing, staffing,
executing, and controlling the operations of an
organization. RAS emulates organizational
strategies established by the guide to develop clear
lines of communication for the successful
completion of the Town’s goals.
Perspective on Partnering and Customer Service
RAS’ philosophy on project ownership is simple and centered on the development of a
collaborative partnership with the Town’s Staff. While any vendor can collect some form
of condition data and move on to the next project within a few weeks, RAS prides itself
on collaboration with our clients to develop
best in class pavement management programs
that result in a long-term relationship between
RAS and the Town. Our relentless dedication to
client satisfaction has resulted in repeat projects
from municipalities.
By conducting a collaborative field pilot validation
study (further described on page 15 of this proposal
submission), RAS is acquainted with the Town’s
goals for the collection project. The transparency of
goals enables RAS to provide data and pavement
management system integration that works for the
Town’s needs.
Scheduling and Staffing
RAS retains two Professional Engineers with over 50 years of combined experience. In
addition, RAS’ Project Manager and Principal have been leading ASTM D6433 pavement
condition projects for a combined 30 years. RAS has four Pavement Data Collection teams
and will designate a minimum of one RAC vehicle (2 team members) for project completion
within the allotted schedule. The Pavement Data Collection team will collect condition data
seven days a week to account for natural delays caused by weather. Collection protocols
ensure that the schedule will remain on time and within budget.
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Alternate Approach: RAS Data Viewer & Videologer
If the Town desires web-hosted condition photos, as an alternative additive service, RAS
can provide the Town with the RAS Video Logger which is a web hosted full-service image
viewer that allows our clients to select a section of roadway from the GIS-based map to
visually display the inventory elements and the results of their survey. The viewer is
hosted on a reliable web platform such as Amazon Web Services (AWS). The RAS Video
Logger allows the Town to load pavement and ROW imagery for a specific location within
the Town and sequentially travel down the roadway. If needed within the video logger,
the Town can load high-resolution images to provide more detailed site investigation while
displaying PCI, IRI, and Rut index data for the selected section. In addition, the Video
Logger houses the Ladybug Panoramic ROW imagery, LCMS downward pavement
imagery, PCI scores, and right of way inventories.
Following the Pavement Condition Assessment, all LCMS-2 camera imagery will be
loaded to the videologger with each image resulting in 1 mm-pixel resolution and
horizontal resolution of 4,000 pixels. The benefit of having the LCMS imagery on the
same platform as the Ladybug imagery is the ability to use the forward facing
camera to see what a typical driver would see from a windshield while comparing
it against the downward LCMS laser array that focuses only on the pavement
surface itself.
The imagery captured from the LCMS-2 camera will display various pavement distresses
for asphalt concrete including cracking (alligator, block, edge, longitudinal, transverse,
joint reflection), patching and potholes (patching and utility cut patching, potholes),
surface deformation (rutting, shoving, depressions, bumps and signs, corrugation),
surface defects (bleeding, raveling, weathering), and miscellaneous distresses (railroad
crossing).
Project
Schedule
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Milestones and Deliverable Schedule
One way RAS optimizes its field data capture is by collecting pavement condition data 7
days a week, which allows our team to remain ahead of schedule when events such as
storms or other weather-related events do occur. RAS anticipates utilizing one RAC
vehicle as the field survey will take approximately 1 to 2 weeks depending on weather.
RAS will prepare and monitor the locations of large-scale events and festivals like
Fountain Hills Music Festival, Ballet Under the Stars, Turkey Trot, or other events to avoid
high congestion periods and closed roads. Our knowledge of events, festivals, and
regular congestion periods allows the RAC vehicle to efficiently collect data that saves
the Town time and money. The RAS management team has an outstanding record of
completing projects similar in size and scale on time and within budget.
The schedule presented below has been developed around a strategic objective of
completing the roadway data collection effort, field pilot review, PCI processing, Lucity
load, Lucity configuration, budgetary modeling, and final report within a five and a half
month timeline to accelerate the Town’s desired schedule. Should the Town add
additional right of way asset inventories to the scope of work, the inventory would
be developed concurrently with the pavement condition data and within the
existing schedule.
Anticipated Project Milestone:
Notice-to-Proceed………………………10/10/2022
Kick-Off Meeting………………………..10/17/2022 – 10/21/2022
Phase I Report………………………….02/27/2023– 03/10/2023
Phase I Council Presentation…………03/27/2023 – 03/31/2023
Phase II Lucity Implementation……….02/27/2023 – 03/10/2023
Project Completion……………………..03/31/2023
The anticipated project milestones are dependent upon receipt of the notice to proceed
and Town purchase of the Lucity software for completion of Phase II. RAS can still
maintain the Phase I report schedule if the purchase and install of the Lucity software is
delayed. We can maintain this schedule as RAS retains Lucity licenses for in-house
analysis purposes.
Task Days
PROJECT INITIATION
Project Initiation, Kick-Off, & Centerline Identification 12
Field Mapping Development, Segmentation Review, & Routing Setup 51
Pavement Width Verificaiton & Measurement 39
Roadway Asset Collection (RAC) Vehicle Mobilization/Calibration 3
RAC Pilot Survey Area - 10+ Miles 3
RAC Pavement Distress & Imagery Collection 14
DATA MANAGEMENT
Pavement Evaluation, AI Processing, & QC 36
Pilot Data Review with Town Staff 1
HD Digital Image Processing & Delivery 42
RAS & City Review of Final Data (Prior to Lucity Load) 24
Lucity Distress Data Import & Load 30
Lucity Analysis Configuration, Review Budgetary Modeling, & Multi-Year Plan 30
Final Report & Condition Summary 30
Professional Services/GIS Database Work
Field Work
Extraction/Evaluation Work
QA/QC Work
Final Deliverable
651 2 3 4
Months
Pricing
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Pricing Proposal
RAS team members have managed/provided field data collection, performed QA/QC, and
developed pavement management plans on numerous similar projects to the scope of
services requested by the Town. RAS is a financially secure limited liability company that
practices strong internal controls, conservative business practices, and a commitment to
continued financial growth. RAS is registered to do business in Arizona by the Arizona
Corporation Commission (#23412705).
The RAS fee structure for this assignment can be found below with itemized tasks to
illustrate the full scope of this project. The RAC vehicle will survey the arterial and
collector roadways in two directions while single pass testing the residential roadways to
maintain the inspection sample philosophy adopted on legacy surveys. The resulting
survey mileage is approximately 203 survey miles.
ITEM 8. H.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 10/18/2022 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: Approve a settlement agreement and release and adopt Resolution 2022-45 approving a
first amendment to the development agreement between the Town of Fountain Hills and N-Shea
Group, LLC and Park Place Properties, LLC.
Staff Summary (Background)
The Park Place development agreement between N. Shea and the Town of Fountain Hills was
approved on June 16, 2016, and terminated by its terms on June 17, 2022 (although some provisions
survived termination). In June 2022, the developer sought legal remedies to address its concerns
about the expiration date so that the remaining phases of the project could be constructed.
Over the past several weeks, the Town of Fountain Hills and the developer have worked together to
resolve differences and issues between the parties, including resolving the litigation relating to the
Park Place development. As a result, both sides have negotiated key provisions to amend the
development agreement that are important to each side. If approved by the Town Council, the prior
claims from the developer against the Town of Fountain Hills will be dismissed with prejudice. Under
the terms of the amended development agreement, the developer will have a 12-month extension of
time from the date of the settlement agreement to obtain the permits to construct the remaining
phases of the Park Place project. The settlement agreement also reaffirms a number of existing
provisions contained in the previously approved development agreement.
Town Attorney Aaron Arnson and outside legal counsel Kristin Mackin have reviewed the settlement
agreement and amended development agreement and believe that it addresses previous concerns
raised by the Town and resolves the litigation. Town Manager Grady Miller and Development Services
Director John Wesley also agree that the agreement and amendment satisfy the Town's interests.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
The settlement agreement and amended development agreement will resolve current litigation and
enable the downtown to be developed and completed, a long-time goal of the town.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval of the settlement agreement and release as well as the amended
development agreement.
SUGGESTED MOTION
MOVE to approve the Settlement Agreement and Release between the Town of Fountain Hills and
N-Shea Group, LLC and Park Place Properties, LLC, and adopt Resolution 2022-45 approving a first
amendment to the Development Agreement between the Town of Fountain Hills and N-Shea Group,
LLC and Park Place Properties, LLC.
Attachments
Resolution 2022-45 - Development Agreement
Settlement Agreement for Park Place
Form Review
Inbox Reviewed By Date
Finance Director David Pock 10/13/2022 02:23 PM
Town Attorney Aaron D. Arnson 10/13/2022 02:29 PM
Town Manager (Originator)Grady E. Miller 10/13/2022 04:27 PM
Form Started By: Grady E. Miller Started On: 10/13/2022 09:46 AM
Final Approval Date: 10/13/2022
RESOLUTION 2022-45
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, APPROVING A FIRST AMENDMENT TO
THE DEVELOPMENT AGREEMENT BETWEEN THE TOWN AND N-
SHEA GROUP, LLC AND PARK PLACE PROPERTIES, LLC.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, as follows:
SECTION 1. The First Amendment to the Development Agreement between the
Town of Fountain Hills, N-Shea Group, LLC, and Park Place Properties LLC dated June 17,
2016, is hereby approved in substantially the form and substance attached as Exhibit A and
incorporated herein by reference.
SECTION 2. The Mayor, the Town Manager, the Town Clerk, and the Town
Attorney are authorized and directed to execute all document and take all steps necessary to
carry out the purpose and intent of this Resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills
October 18, 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
EXHIBIT A
TO
RESOLUTION 2022-45
[First Amendment to Development Agreement]
See following pages.
WHEN RECORDED RETURN TO:
Town of Fountain Hills
Attn: Town Clerk
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
N-SHEA GROUP, LLC
AND
PARK PLACE PROPERTIES, LLC
THIS FIRST AMENDMENT (this “Amendment”) is made and entered into October 18,
2022 (the “Effective Date”) by and between the Town of Fountain Hills, an Arizona municipal
corporation (the “Town”), and N-Shea Group, LLC, an Arizona limited liability company (the
“Developer”) and is acknowledged by Park Place Properties, LLC, an Arizona limited liability
company (the “Owner”).
RECITALS
A. The Town, the Developer, and the Owner entered into a Development Agreement
dated June 17, 2016, Maricopa County Recording Number 20160478461
(“Development Agreement”).
B. A dispute arose between the Parties concerning the interpretation of the Development
Agreement, which the Parties resolved through a separate Settlement Agreement and
Release (“Settlement Agreement”), which is approved and executed by the Parties
concurrently with this Amendment.
C. The Parties now desire to amend the Development Agreement as provided in this
Amendment to allow Developer to complete the remaining phases of the Project as
defined in the Development Agreement.
FIRST AMENDMENT
NOW, THEREFORE, the Development Agreement is amended as follows:
1. Incorporation of Recitals. The Recitals are incorporated by this reference as if
fully set forth herein.
2. Phase I Painting. Developer shall repaint all exterior Phase I buildings using the
same color scheme as approved for the Phase II and III buildings, and Developer shall also
paint previously unpainted/unfinished concrete surfaces such as beams, patios and other edges
using the same color scheme as approved for the Phase II and III buildings; provided, however,
painting shall be completed no later than contemporaneously with the painting of Phase II or
III buildings.
3. Phase I Screening. Developer shall install painting, plantings and/or trellises
(“Screens”) in lieu of the green screens for buildings C and D as shown on the approved
Concept Plan and construction drawings for Phase I; provided that such Screens shall not
require any structural change to the parking area or other portions of buildings C and D and
that no change will be required that reduces the air flow required by law in the parking garages
as determined by Shums Coda.
4. Section 2 is amended to allow Developer twelve (12) months from the Effective
Date of this Amendment (“DA Extension Deadline”) to obtain permits for construction of
Buildings B, E, and F. The Parties further agree that so long as the permits for construction of
Buildings B, E, and F are obtained within the DA Extension Deadline, Developer shall be
allowed to proceed with development of Phases II and III on the Property in accordance with
the Development Agreement as modified by this Amendment.
5. Concept Plan Review. The Parties acknowledge that the Concept Plans for
Phases II and III were approved by the Town subject to the stipulations of the Town Council.
The Town agrees that it will provide comments on the Concept Plans submitted by Developer
under the terms of the Council stipulations only within 10 days of the approval of this
Amendment by the Town. The Town agrees to expeditiously process Plaintiffs’ responses to
such comments. In the event of any dispute between Plaintiffs and Town staff concerning
application of codes and ordinances during review of the Concept Plans, Plaintiffs and Town
agree to use Shums Coda as an intermediary.
6. Section 3.3 is amended to reflect that Phases II and III shall be developed
concurrently. “Developed concurrently” shall mean that building permits for both phases may
be issued separately prior to vertical construction on either, but that the Phases shall be built in
a staged manner typical to customary construction practices when constructing multiple
buildings of similar scale and location
7. Developer’s obligations under Section 4.4(C) and 4.5 concerning the Pocket Park
are deemed satisfied and Developer has no further obligation under those sections.
8. Section 6.2 is amended to allow construction to commence on Phases II and III
after the DA Extension Deadline provided that the permits for buildings B, E, and F are
obtained prior to its expiration.
9. The Developer agrees to make a reasonable, good faith effort to locate
transformers installed after the Effective Date of this Amendment to the rear of the property,
not along the Avenue of the Fountains.
10. Section 9.2 of the Development Agreement is amended to include the Settlement
Agreement and this Amendment as constituting the entire agreement between the Parties. In
the event of conflict between the Development Agreement and Settlement Agreement, the
Settlement Agreement shall prevail.
11. No other changes. All other terms and conditions of the Development Agreement
shall remain in full force and effect unless explicitly modified by this Amendment or the
Settlement Agreement.
IN WITNESS WHEREOF, the undersigned executed this Amendment on the dates below:
TOWN OF FOUNTAIN HILLS
_________________________ ________
Ginny Dickey, Mayor Date
N-SHEA GROUP, LLC
______________________ _________
ATTEST:
__________________________
Linda Mendenhall, Town Clerk
PARK PLACE PROPERTIES, LLC
_______________________ _________
APPROVED AS TO FORM:
___________________________
Aaron D. Arnson, Town Attorney
Page 1 of 5
SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release (“Agreement”) is made between N-Shea Group,
LLC, an Arizona limited liability company, Park Place Properties, LLC, an Arizona limited liability
company, and the Town of Fountain Hills, an Arizona municipal corporation.
RECITALS
A. On or about June 15, 2022, N-Shea Group and Park Place Properties
(collectively “Plaintiffs”) filed a Verified Complaint in Maricopa County Superior Court, Case
No. CV2022-007609 (the “Dispute”), seeking declaratory relief, injunctive relief, and damages
for breach of contract arising out of the Development Agreement Between the Town of
Fountain Hills and N-Shea Group, LLC and Park Place Properties, LLC, entered on June 17,
2016 (“DA”).
B. Each Party has made a careful and independent investigation into the facts
deemed by such Party to be material to the covenants and agreements set forth herein, and all
past, present, or potential disputes or claims existing among the Parties. Because of the desire
of the Parties to resolve these matters, and because of the expense and uncertain outcome of
any litigation involving such claims, the Parties desire to enter into this Agreement to resolve
the Dispute. Each Party believes that this Agreement is in their best interest, and each Party
represents that the Agreement is the product of a compromise and settlement of disputed
claims.
In consideration of the good and valuable consideration exchanged by the Parties, the
receipt and sufficiency of which is acknowledged, the Parties enter into this Agreement:
AGREEMENT
1. The foregoing Recitals are true, accurate and correct, specifically incorporated as
part of this Agreement as if fully stated herein.
2. This Agreement shall not be construed as a confession or admission of any
liability, or other fault in connection with any matter or thing by any party and/or third party
related to this Dispute, but rather as a decision to settle and compromise disputed claims.
3. The Town agrees to reinstate and extend the DA on the same terms and conditions
of the DA except as may be modified below, and continue the Professional Services Agreement
No. 2022-071 between the Town of Fountain Hills and Shums Coda Associates, Inc, and N Shea
Group, LLC, approved May 17, 2022 (the “3rd Party Contract”):
a) Phase I Painting. Plaintiffs shall repaint all exterior Phase I buildings using
the same color scheme as approved for the Phase II and III buildings, and
Plaintiffs shall also paint previously unpainted/unfinished concrete surfaces
such as beams, patios and other edges using the same color scheme as
approved for the Phase II and III buildings; provided, however, painting
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shall be completed no later than contemporaneously with the painting of
Phase II or III buildings.
b) Screening requirements. Plaintiffs shall install painting, plantings and/or
trellises (“Screens”) in lieu of the green screens for buildings C and D as
shown on the approved Concept Plan and construction drawings for Phase
I; provided that such Screens shall not require any structural change to the
parking area or other portions of buildings C and D and that no change will
be required that reduces the air flow required by law in the parking garages
as determined by Shums Coda.
c) Further Assurances. The parties acknowledge and reaffirm provisions of
the DA regarding parking lots (DA Section 4.2(C) and Parking Easement
Agreement attached as Exhibit E thereto), Art Walk (DA Section 4.4(A))
Wi-Fi (DA Section 5.7), and Crosswalk Ramadas (DA Section 4.4(B), but
that the Pocket Park requirement (DA Section 4.4(C) and 4.5) shall be
deemed satisfied (and the DA shall be amended to remove such
requirement). Town and Plaintiffs agree that the Concept Plans for Phases
II and III (as defined in the DA) were approved by the Town subject to the
stipulations of the Town Council. The Town agrees that it will provide
comments on the Concept Plans submitted by Developer under the terms of
the Council stipulations only within 10 days of the approval of this
Agreement by the Town. The Town agrees to expeditiously process
Plaintiffs’ responses to such comments. In the event of any dispute between
Plaintiffs and Town staff concerning application of codes and ordinances
during review of the Concept Plans, Plaintiffs and Town agree to use Shums
Coda as an intermediary.
d) Concurrent development. Phases II and III shall be developed concurrently.
“Developed concurrently” shall mean that building permits for both phases
may be issued separately prior to vertical construction on either, but that the
Phases shall be built in a staged manner typical to customary construction
practices when constructing multiple buildings of similar scale and location.
e) DA Extension Deadline. Section 2 of the DA is modified to allow
Developer (as that term is defined by the DA) twelve (12) months from the
Effective Date of this Agreement (“DA Extension Deadline”) to obtain
permits for construction of Buildings B, E, and F. So long as the permits
for construction of Buildings B, E, and F are obtained within the DA
Extension Deadline, Developer shall be allowed to proceed with
development of Phases II and III on the Property in accordance with the DA
as modified by this Agreement. Section 6.2 of the DA shall be amended
to allow construction to commence after the DA Extension Deadline
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provided that the permits for buildings B, E, and F have been obtained prior
to its expiration.
f) The Developer will make a reasonable, good faith effort to locate new
transformers to the rear of the property, not along the Avenue of the
Fountains.
g) The parties will prepare and agree to an Amendment to the DA to reflect the
terms of this Section 3, which the Town will adopt by resolution and record
the DA Amendment as required by statute.
4. Within ten (10) days of the Effective Date, Plaintiffs shall dismiss the Dispute
with prejudice.
5. Developer shall submit within 10 days of the Town’s approval of this Agreement
the full set of building plans on Phase II (as the Town expressly acknowledges the prior receipt
of building plans and building permit application for Phase III) -- including the grading and
drainage plans – such that Shums Coda can issue grading permits for both Phases II and III (just
as was issued for Phase I).
a. Such grading permits shall be issued expeditiously in a manner and timeframe
consistent with metro Phoenix, Arizona, customs and practices.
b. Such issued grading permits shall authorize Developer to begin grading immediately
upon issuance.
c. Once the full set of building plans are submitted to secure such grading permits the
building permits shall be deemed simultaneously under review.
6. This Agreement is intended as a complete release of all claims existing between
the Parties arising out of or related to the Dispute to the date of this Agreement. Conditioned
upon the execution of this Agreement and satisfaction of the conditions set forth herein, the
Parties agree that, except as to claims that arise out of this Agreement, each Party, on behalf of
itself and anyone who may claim through it, agrees to waive and release any and all claims,
causes of action, damages, including reasonable attorneys’ fees and costs, civil liabilities or suits,
whether known or unknown, asserted or unasserted, in any manner against the other (including
their respective elected officials, successors, assigns, employees, representatives, agents,
attorneys, officers, affiliates, directors, shareholders, members, beneficiaries, insurers, and
heirs), relating to or arising out of this Dispute to the date of this Agreement.
7. This Agreement is intended only to define the respective rights and obligations of
the Parties. Nothing expressed herein shall create any rights or duties in favor of, nor relied upon
by, any potential third-party beneficiary or other person, agency, entity, or organization.
8. Neither Party may assign any right or delegate a duty or responsibility under this
Agreement without the prior written consent of the other Party.
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9. The Parties understand and agree that, in the event any term, condition or
provisions of this Agreement shall be declared invalid, illegal, or unenforceable, such invalidity,
illegality or unenforceability shall not affect any other term, condition or provision of this
Agreement, and this Agreement shall be interpreted as though such invalid, illegal or
unenforceable, term, condition or provision was not a part hereof.
10. The Parties understand and agree that this Agreement contains the entire
Agreement of the Parties and any prior or contemporaneous agreements, understandings or
representations, written or oral, are merged herein and extinguished. This Agreement may not
be amended or modified, except by written instrument signed by all Parties (or their respective
authorized attorney(s) or other representative(s)) and approved by the Town of Fountain Hills
Town Council at a duly noticed public meeting.
11. This Agreement shall be governed by and construed in accordance with the laws
in the State of Arizona and is subject to cancellation by the Town pursuant to A.R.S. § 38-511,
the terms of which are incorporated here by this reference.
12. The Parties represent that they have relied upon the advice of their attorneys, who
are the attorneys of their own choice, concerning the legal consequences of this, that the terms
of this Agreement have been completely read and explained to the Parties by their attorney(s),
and the terms of the Agreement are fully understood and voluntarily accepted by the Parties.
Neither this Agreement, nor any provision thereof, shall be deemed prepared or drafted by one
Party or another, or it’s attorneys, and shall not be construed more strongly against any Party.
13. This Agreement may be executed in two or more counterparts, each of which shall
be deemed an original, but all of which together shall constitute one and the same instrument.
14. This Agreement shall be conditioned upon the execution of the Agreement by all
Parties. The Effective Date shall be the date of the last Party’s signature.
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IN WITNESS WHEREOF, the undersigned executed this Agreement on the dates below:
TOWN OF FOUNTAIN HILLS
_________________________ ________
Ginny Dickey, Mayor Date
N-SHEA GROUP, LLC
______________________ _________
ATTEST:
________________________
Linda Mendenhall, Town Clerk
PARK PLACE PROPERTIES, LLC
_______________________ _________
APPROVED AS TO FORM
___________________________
Aaron D. Arnson, Town Attorney