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HomeMy WebLinkAbout141120P REVISED: 11-17-14 NOTICE OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 6:30 P.M. WHEN: THURSDAY, NOVEMBER 20, 2014 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. PROCEDURE FOR ADDRESSING THE COUNCIL Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Clerk’s position on the dais. Speakers will be called in the order in which the speaker cards were received either by the Clerk or the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their name and whether or not they reside in Fountain Hills (do not provide a home address) prior to commenting and to direct their comments to the Presiding Officer and not to individual Councilmembers. Speakers’ statements should not be repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker. If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. Mayor Linda M. Kavanagh Councilmember Dennis Brown Councilmember Cassie Hansen Councilmember Ginny Dickey Councilmember Henry Leger Councilmember Tait D. Elkie Vice Mayor Cecil A. Yates z:\council packets\2014\r141120\141120a.docx Last Printed: 11/17/2014 2:22 PM Page 2 of 3  CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh  INVOCATION - Pastor Dan Scruggs from North Chapel Church  ROLL CALL – Mayor Linda M. Kavanagh  MAYOR’S REPORT i) None.  SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) The Mayor may review RECENT EVENTS attended relating to economic development. ii) RECOGNITION of retiring Strategic Planning Advisory Commissioners Audra Koester Thomas, Nick DePorter, and Alan Magazine for their service to the Town of Fountain Hills. iii) RECOGNITION of retiring Planning and Zoning Commissioners Eugene Slechta, Angela Strohan and Steven Harris for their service to the Town 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. CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, non-controversial matters and will be enacted by one motion and one roll call vote 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. 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from November 6, 2014. 2. CONSIDERATION for approval of RESOLUTION 2014-46, abandoning whatever right, title, or interest the Town has in portions of certain public utility and drainage easements located at the rear property line of Plat 605D, Block 1, Lot 5 (15278 E. Mustang Drive) as recorded in Book 164 of Maps, Page 15, Records of Maricopa County, Arizona. EA2014- 09 (Wren) z:\council packets\2014\r141120\141120a.docx Last Printed: 11/17/2014 2:22 PM Page 3 of 3 3. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by Timothy Ryan Sciutto, Owner/Agent of Scuitto5 LLC DBA DC Bar and Grill/Desert Canyon Golf Club located at 10440 N. Indian Wells Dr Fountain Hills, AZ. This is for a series 7, Beer and Wine Bar and series 12, Restaurant. 4. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by Douglas Frank Koch, Owner/Agent of QK, Inc DBA Denny’s located at 17053 E Shea Blvd Fountain Hills, AZ. This is for a series 12, Restaurant. REGULAR AGENDA ITEMS 5. CONSIDERATION of ACCEPTING two donated sculptures titled, “Father Sky” and “Mother Earth” for placement in the Community Center. 6. CONSIDERATION of accepting the INVITATION FOR BIDS DS2015-102 with Nesbitt Contracting Co., Inc. in the amount of $6,770,217.53 for the construction of the Saguaro Blvd. Reconstruction project. 7. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding PROJECT APPROVALS for the Salt River Project Municipal Aesthetics Fund. 8. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to a REQUEST FOR PROPOSAL for a solar services agreement. 9. CONSIDERATION with possible COUNCIL DIRECTION regarding the initiation of an ENVIRONMENTAL FEE. 10. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to any item included in the League of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN or relating to any ACTION PROPOSED OR PENDING BEFORE THE STATE LEGISLATURE. 11. 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: i.) None. 12. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. 13. ADJOURNMENT. DATED this 13th day of November, 2014. Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480 -816-5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this 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. REVISED: 11-17-14 NOTICE OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 6:30 P.M. WHEN: THURSDAY, NOVEMBER 20, 2014 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. PROCEDURE FOR ADDRESSING THE COUNCIL Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Clerk’s position on the dais. Speakers will be called in the order in which the speaker cards were received either by the Clerk or the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their name and whether or not they reside in Fountain Hills (do not provide a home address) prior to commenting and to direct their comments to the Presiding Officer and not to individual Councilmembers. Speakers’ statements should not be repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker. If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. Mayor Linda M. Kavanagh Councilmember Dennis Brown Councilmember Cassie Hansen Councilmember Ginny Dickey Councilmember Henry Leger Councilmember Tait D. Elkie Vice Mayor Cecil A. Yates z:\council packets\2014\r141120\141120a.docx Last Printed: 11/17/2014 2:22 PM Page 2 of 3  CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh  INVOCATION - Pastor Dan Scruggs from North Chapel Church  ROLL CALL – Mayor Linda M. Kavanagh  MAYOR’S REPORT i) None.  SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) The Mayor may review RECENT EVENTS attended relating to economic development. ii) RECOGNITION of retiring Strategic Planning Advisory Commissioners Audra Koester Thomas, Nick DePorter, and Alan Magazine for their service to the Town of Fountain Hills. iii) RECOGNITION of retiring Planning and Zoning Commissioners Eugene Slechta, Angela Strohan and Steven Harris for their service to the Town 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. CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, non-controversial matters and will be enacted by one motion and one roll call vote 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. 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from November 6, 2014. 2. CONSIDERATION for approval of RESOLUTION 2014-46, abandoning whatever right, title, or interest the Town has in portions of certain public utility and drainage easements located at the rear property line of Plat 605D, Block 1, Lot 5 (15278 E. Mustang Drive) as recorded in Book 164 of Maps, Page 15, Records of Maricopa County, Arizona. EA2014- 09 (Wren) z:\council packets\2014\r141120\141120a.docx Last Printed: 11/17/2014 2:22 PM Page 3 of 3 3. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by Timothy Ryan Sciutto, Owner/Agent of Scuitto5 LLC DBA DC Bar and Grill/Desert Canyon Golf Club located at 10440 N. Indian Wells Dr Fountain Hills, AZ. This is for a series 7, Beer and Wine Bar and series 12, Restaurant. 4. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by Douglas Frank Koch, Owner/Agent of QK, Inc DBA Denny’s located at 17053 E Shea Blvd Fountain Hills, AZ. This is for a series 12, Restaurant. REGULAR AGENDA ITEMS 5. CONSIDERATION of ACCEPTING two donated sculptures titled, “Father Sky” and “Mother Earth” for placement in the Community Center. 6. CONSIDERATION of accepting the INVITATION FOR BIDS DS2015-102 with Nesbitt Contracting Co., Inc. in the amount of $6,770,217.53 for the construction of the Saguaro Blvd. Reconstruction project. 7. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding PROJECT APPROVALS for the Salt River Project Municipal Aesthetics Fund. 8. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to a REQUEST FOR PROPOSAL for a solar services agreement. 9. CONSIDERATION with possible COUNCIL DIRECTION regarding the initiation of an ENVIRONMENTAL FEE. 10. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to any item included in the League of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN or relating to any ACTION PROPOSED OR PENDING BEFORE THE STATE LEGISLATURE. 11. 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: i.) None. 12. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. 13. ADJOURNMENT. DATED this 13th day of November, 2014. Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this 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 OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:11/20/2014 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Administration Staff Contact Information:Bevelyn J.Bender,Town Clerk;480-816-5115;bbender@fh.az.gov Council Goal: Strategic Values:Civic Responsibility C3 Solicit feedback in decision-making REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from November 6,2014. Applicant:NA Applicant Contact Information: Property Location: Related Ordinance,Policy or Guiding Principle:A.R.S.§38-431.01 Staff Summary (background):The intent of approving previous meeting minutes is to ensure an accurate account of the discussion and action that took place at that meeting for archival purposes.Approved minutes are placed on the Town's website in compliance with state law. Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs;budget status): Budget Reference (page number): Funding Source:NA If Multiple Funds utilized,list here: Budgeted;if No,attach Budget Adjustment Form:na Recommendation(s)by Board(s)or Commission(s): Staff Recommendation(s):Approve List Attachment(s):None SUGGESTED MOTION (for council use):Move to approve the consent agenda as listed Prepared by:Approved: -frg/iA QUtL\6usA>£3L>^~- Bevelyn Bender, Town Clerk 11/6/2014 Ken Buchanan,Town Manager 11/12/2014 Page 1 of 1 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:11/20/2014 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Development Services Staff Contact Information:Randy Harrel,Town Engineer (480-816-5112 or rharrel@fh.az.gov Council Goal: Strategic Values:Not Applicable (NA)Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language):CONSIDERATION for approval of RESOLUTION 2014-46,abandoning whatever right, title, or interest the Town has in portions of certain public utility and drainage easements located at the rear property line of Plat 605D,Block 1, Lot 5 (15278 E.Mustang Drive) as recorded in Book 164 of Maps, Page 15, Records of Maricopa County,Arizona.EA2014-09 (Wren) Applicant:Robert Wren Applicant Contact Information:520-591-5740 Property Location:15278 E.Mustang Drive Related Ordinance,Policy or Guiding Principle:N/A Staff Summary (background):This item on the Town Council's agenda is a proposal to abandon the public utility and drainage easement located at the rear property line of Plat 605D,Block 1, Lot 5 (15278 E.Mustang) as shown in Exhibit "A".The property owner desires the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. All affected utility companies have been notified of this abandonment proposal and have approved the proposed abandonment of these public utility easements. The Engineering Section has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement.Itis the professional opinion of the Engineering Section that there is no need for the Town to retain the portion of the drainage easement proposed to be abandoned,with the understanding that certain lots within this subdivision are subject to lot-to-lot drainage runoff.The property owner of Lot 5 is required to pass the developed flows generated by the upstream lots across their property.A 10'x 10' Public Utility Easement should be granted at the southwesterly corner of the lot for existing and potential future utility boxes located there. Risk Analysis (options or alternatives with implications):N/A Fiscal Impact (initial and ongoing costs;budget status):N/A Budget Reference (page number):N/A Funding Source:NA IfMultiple Funds utilized,listhere: N/A Page 1 of 2 Budgeted;if No,attach Budget Adjustment Form:NA Recommendation(s)by Board(s)or Commission(s):N/A Staff Recommendation(s):Staff recommends approval of Resolution 2014-46,subject to the following stipulation: *Grant a 10'x 10'Public Utility Easement at the southwesterly corner of the lot. List Attachment(s):Vicinity Map;Aerial Photo Map;Resolution;Exhibit "A"Map SUGGESTED MOTION (for council use):Move to approve the abandonment of easement of the public utility and drainage easement at Plat 605D,Block 1, Lot 5, with stipulation. Pfepared bya \ _ \r\ Randy.Harrel,Town Engineer Directorate pc^Cal: Approved:^_^^—. Ken Buchanan,Town Manager 11/3/2014 11/3/2014 11/11/2014 Paae 2 of2 RESOLUTION 2014-46 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,ABANDONING WHATEVER RIGHT, TITLE,OR INTEREST IT HAS IN THE PUBLIC UTILITY AND DRAINAGE EASEMENTS AT THE REAR OF THE PROPERTY LINE OF PLAT 605D,BLOCK 1 LOT 5,FOUNTAIN HILLS,ARIZONA,AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY,ARIZONA,RECORDED IN BOOK 164 OF MAPS,PAGE 15. WHEREAS,the Mayor and Council of the Town of Fountain Hills (the "Town Council"),as the governing body of real property located inthe 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 notificationof 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 easement,located at the rear property line of Plat 605D, Block 1,Lot5, Fountain Hills,as recorded the Officeof the County Recorder of Maricopa County, Arizona, Book 164 of Maps,Page 15,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 bythe 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, November 20,2014. FOR THE TOWN OF FOUNTAIN HILLS:ATTESTED TO: Linda M.Kavanagh,Mayor Bevelyn J.Bender,Town Clerk REVIEWED BY:APPROVED AS TO FORM: Ken Buchanan,Town Manager Andrew J.McGuire,Town Attorney SCALE: 1" =30" DATE:10-29-14 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 605D BLOCK 1 LOT 5 \/—ABANDON 10' \/P.U.E.&D.E. NORTH SCALE:1"=3500 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT VICINITY MAP Mcdowell mountain park TOWN BOUNDARY I SALT RIVER PIMA MARICOPA INDIAN COMMUNITY DEVELOPMENT SERVICES AERIAL PHOTO MAP PLAT 605D,BLOCK 1, LOT 5 15278 E MUSTANG DR LEGEND: LOTLINE ROW EASEMENT FLOODPLAIN SUBJECT SITE 0 100'200' SCALE: 1" =200' AERIAL FLIGHT DATE:11/13 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:11/20/2014 Meeting Type:Regular Session . • Agenda Type:Consent Submitting Department:Administration Staff Contact Information:Sonia Kukkola /Financial Services Technician (480)816-5136 Strategic Planning Goal:NotApplicable (NA)Operational Priority:NotApplicable (NA) REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by Timothy Sciutto, Owner/Agent of Sciutto5, LLC DBA DC Bar and Grill located at 10440 N Indian Wells Dr,Fountain Hills AZ. This is for a series 7 (Beer &Wine Bar) and a Series 12 (Restaurant). Applicant:Timothy Sciutto Applicant Contact Information:480-837-1561 Property Location:10440 N. Indian Wells Dr Fountain Hills,AZ 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. Staff Summary (background):The purpose of this item is to obtain Council's recommendation regarding a liquorlicense application for a Series 7 (Beer &Wine Bar) and a Series 12 (Restaurant)liquor license submitted by Timothy Sciutto, new owner/agent of Sciutto5,DBA DC Bar and Grill/Desert Canyon GolfClub for submission to the Arizona Department of Liquor.The application was reviewed by staff for compliance with Town ordinances.Staff recommends approval of this liquor license application as submitted. Risk Analysis (options or alternatives with implications):N/A Fiscal Impact (initial and ongoing costs;budget status):N/A Budget Reference (page number):N/A Funding Source:NA If Multiple Funds utilized,list here: Budgeted;if No,attach Budget Adjustment Form:NA Recommendation(s)by Board(s)or Commission(s):N/A Staff Recommendation(s):Approve List Attachment(s):Front page of the application and staffs'recommendation SUGGESTED MOTION (for Council use):Move to approve the LIQUOR LICENSE APPLICATION submitted by Timothy Sciutto,Owner/Agent of Sciutto5,LLC DBA DC Barand Grill/Desert Canyon Golf Club. Page 1 of 2 Prepared by: Q>l(/Y\UX(Ha Ujh- Sorila Kukkola,Financial Services Technician 11/10/2014 Director's Approva CraigTRudoTpfhy,Finance Direc/or "/11/10/2014 echpr's Approval n Approved:^—-v fj Kerr Buchanan,Town ManagerKerfBuchanan,Town Manager 11/10/2014 Page 2 of 2 IUD*cT£&fcSl Ckife Irj^n1/;rnKECEIVED OCT 16 20W FOUNTAIN HILLS Arizona Department of Liquor Licensesand Control 800 West Washington,5th Floor Phoenix,Arizona 85007 www.azliquor.gov 602-542-5141 APPLICATION FOR LIQUOR LICENSE TYPE OR PRINT WITH BLACK INK Notice-Effective Nov 1 1997.All Owners.Agents.Partners.Stockholders.Officers,or Managers actively involved inthe day<o_day_operations of the business must attend a Department approved liquor law training course or provide proof of attendance within the last fivb years.See page 5 of the Liquor Licensing requirements. /Ho 1<J r* SECTION 1 This application is for a: •MQRETJ lA^ONetlCCNGE,,•.'•. HNTERIM PERMIT Complete Section 5 [NEW LICENSE Complete Sections 2,3,4,13,14,15,16 '=>ER9QN TRAN8FER (Bara&Liquor Stores-QNLY) Complete Sections 2,3,4, 11,13,15, 16 O LOCATION TRANSFER(Barsand Liquor Stores ONLY) Complete Sections 2,3, 4,12,13,. 15,16 a PROBATE/WILL ASSIGNMENT/DIVORCE DECREE CompleteSections 2,3,4, 9,13,16 (feenot required) •GOVERNMENT Complete Sections 2, 3, 4, 10, 13, 15, 16 ru -Br SECTION 2 Type of ownership: •J.T.W.R.O.S.Complete Section 6 •INDIVIDUAL Complete Section 6 D PARTNERSHIP Complete Section 6 D CORPORATION Cornptem'SUKWin—"------ MLIMITED LIABILITY CO.Coamt$H^ectiogfi0^St D CLUB Complete Section g£&9 YS(»<rq -~l •£DGOVERNMENT Coniu^g^g&gjft,&^,!, •TRUST Complete S^aCjpa&ngginmflC M H.'->v D OTHER (Explain) SECTION 3 Type of license and fees LICENSEES) 1.Type of License(s):B^SJgLyLtoa ifc /...&*lf'J.^AL'..U^lll5L / 2 -—?—1^1Ag>4€> 2.Total fee's attached: Department Use Only T»5frT<2£--- APPLICATION FEE AND INTERIMPERMIT FEES (IF APPLICABLE)ARE NOT REFUNDABLE. The fees allowed under A.R.S.44-6852 will be charged for all dishonored checks. SECTION 4 Applicant 1.Owner/Agent's Name: (Insert one name ONLY to appear on license) 2.Corp./Partnership/LLC.:_ QSf Ms..Sciu4--l-Q First ' 3.Business Name: 4. Principal Street Location. (Do notuse PO fjox Number)City County Zip 5.Business Phone:*-f26-W?~i SL j Daytime Phone:lt%6-¥31-'5 G/Email: 6.Is the business located within Unincorporated limits_of the above city or town?E3YES DNO City State 7. Mailing Address: Las Scivt-VHoS LLC. (Exactly as it appears on Articles of Inc. or Articles of Org.) DC &eir Qjgjj Grt (I /Qeser VCanyo^Qa \.£Ciu»b (Exactly as it appears on the exterior ofpremises)rVlcjnjccDQ 8. Price paid for license only bar,beer and wine,or liquor store:Type Zip Type. Fees:HOb m.IC0-cQ. DEPARTMENT USE ONLY Interim Permit my ZSD-^ VCtH Middle Application Site Inspection Finger Prints S. TOTAL OF ALL FEES ;Arizona Statement of Citizenship &Alien Status For State Benefits complete?kfYES •NO 3lllWi Lie.*\>P1 ft B>HQ>Accepted by:__cM Date:. 'Disabled individuals requiring special accommodation,please call (602)542-9027. 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:10/29/14 FR:Sonia Kukkola, Financial Service Technician RE:Liquor License Application Attached is a Liquor License Application for staff review. Review the application,then sign, indicating staffs recommendation for approval (with or without stipulations)or denial. If staffs recommendation isto 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:Sciutto5 LLC DBA DC Bar and Grill/Desert Canyon Golf Club Applicant:Timothy Ryan Sciutto Date(s) of Event:N/A Date Application Received:09/24/14 Town Council Agenda Date:11/20/14 STAFF REVIEW AND RECOMMENDATION: Department/Division Staff Member Approved Denied N/A Building Safety Jason Field X Community Services Rachel Goodwin X Development Services Bob Rodgers X Fire Department Dave Ott X Law Enforcement David Letoumeau X Licensing Sonia Kukkola X Street Department Ken Kurth X Attach report for denial or any recommendation requiring stipulations. TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:11/20/2014 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Administration Staff Contact Information:Sonia Kukkola /Financial Services Technician (480)816-5136 Strategic Planning Goal:Not Applicable (NA)Operational Priority:Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by Douglas Frank Koch,Owner/Agent of QK, INC DBA Denny's located at 17053 E Shea Blvd,Fountain Hills AZ.This is for a series 12 (Restaurant). Applicant:Douglas Frank Koch Applicant Contact Information:480-837-5307 Property Location:17053 E Shea Blvd Fountain Hills.AZ 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. Staff Summary (background):The purpose of this item is to obtain Council's recommendation regarding a liquor license application for a Series 12 (Restaurant)liquor license submitted by Douglas Frank Koch, owner/agent of QK,Inc,DBA Denny's for submission to the Arizona Department of Liquor.The application was reviewed by staff for compliance with Town ordinances.Staff recommends approval of this liquor license application as submitted. Risk Analysis (options or alternatives with implications):N/A Fiscal Impact (initial and ongoing costs;budget status):N/A Budget Reference (page number):N/A Funding Source:NA If Multiple Funds utilized,list here: Budgeted;if No,attach Budget Adjustment Form:NA Recommendation(s)by Board(s)or Commission(s):N/A Staff Recommendation(s):Approve List Attachment(s):Front page of the application and staffs'recommendation SUGGESTED MOTION (for council use):Move to approve the LIQUOR LICENSE APPLICATION submitted by Douglas Frank Koch,Owner/Agent of QK,Inc DBA Denny's . Page 1 of 2 Prepared by: Sonia Kukkola,Financial Services Technician 11/10/2014 Director's Approval]fi /}4 Craig Rudolpjfy,Finance Director /11/10/2014 Approved:*—s Ken Buchanan,Town Manager 1' Paae 2 of2 town of fcjuntaln W8| Accounts Payable pt$->(/fcPAcTCfc Arizona Department of Liquor Licenses and Control 800West Washington,5th Floor Phoenix,Arizona 85007 www.azliquor.gov 602-542-5141 APPLICATION FOR LIQUOR LICENSE TYP€OR PRINT WITH BLACK INK jftjir R 1 Notice:Effective Nov.1,1997,All Owners.Aoents.Partners.Stockholders,Officers,or Managers actively involved In the dav to dav operations of the business must attend a Department approved liquorlaw training course or provide proof of attendance withm the last five years.See page5of the Liquor Licensing requirements. SECTION 1 This application is for a: D MORE THAN ONE LICENSE •INTERIM PERMIT Complete Section 5 id NEW LICENSE Complete Sections 2,3,4,13,14,15,16 D PERSON TRANSFER (Bars&Liquor Stores ONLY) Complete Sections 2,3,4,11,13,15,16 •LOCATION TRANSFER(Bars and Liquor Stores ONLY) Complete Sections 2,3,4,12,13,15,16 •PROBATE/WILL ASSIGNMENT/DIVORCE DECREE Complete Sections 2,3,4,9,13,16 (fee not required) D GOVERNMENT Complete Sections 2,3,4,10,13,15,16 SECTION 2 Typeof ownership: •J.T.W.R.O.S.CompleteSection 6 •INDIVIDUAL Complete Section 6 •PARTNERSHIP Complete Section 6 ^CORPORATION Complete Section 7 C •LIMITED LIABILITY CO.Complete Section 7 •CLUB Complete Section 8 |' •GOVERNMENT Complete Section 10 '~ •TRUST Complete Section6 3 •OTHER (Explain) ~S=~ SECTION 3 Typeoflicense and fees LICENSEES): 1.TypeofLicense(s):i2-^skuvA^V SlOCO rHOJ flppkahmfr 2.Total fees attached;$n-z. ipft^ftouia Department Use Only APPLICATION FEEAND INTERIMPERMIT FEES (IF APPUCABLE)ARE NOT REFUNDABLE. The fees allowed under A.R.S.44-6852 will be charged for all dishonored checks. SECTION 4 Applicant piuioqqv I*]Mr. 1.Owner/Agenfs Name:•Ms, (Insert one name ONLY to appear on license) 2.CorpVPartnership/LLC.:QK*lnc Koch Douglas Frank Last First (Exactly as it appears on Articlesof Inc.or ArticlesofOrg.) Bioimi Middle 3. Business Name:Pony's (Exactly as it appears on the exterior of premises) fl11>533TM Fountain Hills Maricopa 852684.Principal Street Location 17053 E.Shea Blvd. (Do not use PO Box Number)City County Zip 5 Business Phone:480-837-5307 Daytime Phone<*WW^W|lll^^Emails 6.Is the business located within the incorporated limits oftheabove city ortown?1^1 YES DNO 7.Mailing Address:!Holbrook AZ 86025 Crty St*te 8 Price paid for license only bar,beer and wine, or liquor store:Type _„$_ Zip .Type, DEPARTMENT USE ONLY Fees:\0Q Application _5& Site Inspection IX. n»2- TOTAL OF ALL FEES Interim Permit Finger Prints $ Is Arizona Statement of Citizenship &Alien Status For State Benefits complete?m YES •NO Accepted by:|f|-S •Date:.IO|lo|2-oH Lic.#UirTT\0(e2 1/7/2013 •Disabled individuals requiring special accommodation,please call (602)542-9027. 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:10/29/14 FR:Sonia Kukkola, Financial Service Technician RE:Liquor License Application Attached is a Liquor License Application for staff review. Review the application,then sign,indicating staff's recommendation for approval (with or without stipulations)or denial. If staffs 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:QK,Inc DBA Denny's 17053 E.Shea Blvd Applicant:Douglas Frank Koch Date(s)of Event:N/A Date Application Received:09/24/14 Town Council Agenda Date:11/20/14 STAFF REVIEW AND RECOMMENDATION: Department/Division Staff Member Approved Denied N/A Building Safety Jason Field X Community Services Rachel Goodwin X Development Services Bob Rodgers X Fire Department Dave Ott X Law Enforcement David Letourneau X Licensing Sonia Kukkola X Street Department Ken Kurth X Attach report for denial or any recommendation requiring stipulations. to ) 1 jo » \^*«f is >S^f Meeting Date:11/20/2014 Agenda Type:Regular TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type:Regular Session Submitting Department:Community Services Staff Contact Information:Mark C.Mayer -mmayer@fh.az.gov /(480)816-5190 Council Goal: Strategic Values:Not Applicable (NA)Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language):Consideration of Accepting two sculptures titled, "Mother Earth and Father Sky" for placement in the Community Center Applicant:N/A Applicant Contact Information:N/A Property Location:Community Center Related Ordinance,Policy or Guiding Principle:Public Art Master Plan Staff Summary (background):The two pieces are made of alabaster and were created by Navajo artist Alvin Marshall.The pieces are being donated by local resident Virginia Madek.The Public Art Committee is requesting that the Town agree to accept and place them on public display in the lobby of the Community Center.The pieces are valued $14,500. Risk Analysis (options or alternatives with implications):N/A Fiscal Impact (initial and ongoing costs;budget status):The cost to insure the pieces at $14,500 at $.43 / $100 would be $62.35 annually. Budget Reference (page number):N/A Funding Source:NA If Multiple Funds utilized,list here: Budgeted;if No,attach Budget Adjustment Form:NA Recommendation(s)by Board(s)or Commission(s): Staff Recommendation(s):Staff is recommending acceptance of the pieces and their placement List Attachment(s):Letter from the Public Art Committee Chair /photos of the two pieces /Community Center site map SUGGESTED MOTION (for council use):Motion to accept two sculptures titled,"Mother Earth and Father Sky" for public display in the Community Center. Page 1 of 2 Prepared by: NA "~10/7/2014 Director's Approval: Mark Mayer,CommunityServices Director/ 11/11/2014 pproped:—^^""^ en Buchanan,Town Manager Appr Ken Buchanan,Town Manager 11/12/2014 Page 2 of 2 FOUNTAIN HILLS CULTURAL & CIVIC ASSOCIATION Post Office Box 1 8254 Fountain Hills,AZ 85269 November 7,2014 Honorable Mayor Kavanagh Town Council Members Town of Fountain Hills Fountain Hills,AZ 85268 Dear Ladies &Gentlemen, The Public Art Committee of the Fountain Hills Cultural &Civic Association would like to propose the donation of two alabaster sculptures entitled "Mother Earth &Father Sky"by Navajo artist Alvin Marshall. The dimensions of each of them are approximately 36" tall x 15" wide x 10" deep. These pieces have an insured value of $14,500. They are being donated by local resident Virginia Madek to the Town of Fountain Hills. We are recommending the pieces be placed in the Community Center lobby. This acquisition has been approved by the Board of Directors of the Fountain Hills Cultural &Civic Association. Photos of these pieces have been sent to you in a separate email. Very Truly Yours, Sandi STflampdati Sandi Thompson Chair,Public Art Committee FHCCA Assorted Art Pieces in the Community Center 1 Etched by Water Etched by Time Painting 2 Song of the Ancients Wall Mural 3 Bloomin Prickly Pear Painting 4 Community Center Dedication Plaque 5 Song Of the Ancients Dedication Plaque 6 Portal for the Kiva Painting 7 At the end of the day Painting 8 After the Dance Statue on podium 9 A vision of Community Plaque 10 Sport Buddies Statue on Podium 11 Saguaro Bloom Painting 12 911 Memorial Painting 13 First Community Center Picture 14 Town of Fountain Hills Official Seal Quilt 15 Goldfields Picture 16 Fountain at Fountain Park Painting C.LI ITT 5X T^Tp^ Main Entrance Largs Hail {E Restrooms and Lounge Gated Parting •sef^fflMXl ^"j; Ballroom 2 k Ballroom 1 ©f 17 Proposed Site:Table top piece up to 16'diameter &22"high 18 Proposed Site:,Rat Wall Piece 19 Recently Approved Wall piece "Beginning" 20. Proposed Site:* Tall Statue 3 ft.Diameter Max. ^-£>v TOWN OF FOUNTAIN HILLS I dm %?\TOWN COUNCIL \%-_7V/AGENDA ACTION FORM Meeting Date:11/20/2014 Meeting Type:Regular Session Agenda Type:Regular Submitting Department:Development Services Staff Contact Information:Paul Mood,Dev.Services Director,480-816-5129 Strategic Values:Council Goal: Maintain/Improve Community Infrastructure Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of approval of Invitation For Bids DS2015-102 with Nesbitt Contracting Co., Inc. in the amount of $6,770,217.53 for the construction of the Saguaro Blvd. Reconstruction project. Applicant:NA Applicant Contact Information:NA Property Location:Saguaro Blvd. from Trevino Dr. to Fountain Hills Blvd. Related Ordinance,Policy or Guiding Principle:NA Staff Summary (background):The Invitation For Bids for the Saguaro Blvd.Reconstruction project was advertised in the Fountain Hills Times and Arizona Business Gazette for two consecutive weeks per Arizona State Statute requirements.A prospective bidder's conference was held on October 1,2014.The project will provide for full depth reconstruction of Saguaro Blvd.,drainage improvements along the Desert Canyon Golf Course and at the Palisades Blvd.intersection,Avenue of the Fountains median improvements,ADA accessibility improvements and replace the traffic signal at the Palisades Blvd.intersection. On October 22,2014 the Town received sealed bids from eleven contractors.The bids received were as follows: $6,770,217.53 Nesbitt Contracting $7,025,000.00 Sunland Asphalt $7,353,562.85 J.Banicki Construction $7,388,664.80 Markham Contracting $7,446,664.36 Achen Gardner $7,494,085.95 Combs Construction $7,534,301.56 T&T Construction $7,902,258.80 MR TAnner Construction $8,211,529.16 Blucor $8,382,507.08 Rycor $8,496,589.79 InterMountain West It was determined that Nesbitt Contracting was the lowest responsive and responsible bidder meeting the requirements ofthe IFB.The bid included $6,420,657.88 for the Saguaro Blvd.reconstruction and Page 1 of 2 $349,559.65 for the Palisades Blvd.traffic signal replacement.Staffanticipates issuing a notice to proceedto the contractor with an effectivedate in early January of2015. The IFB provides for a 270 day construction schedule which results in a final completion date in September of 2015. Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs;budget status):$6,770,217.53 Budget Reference (page number):334 &342 Funding Source:NA if Multiple Funds utilized,list here:Bond Funds and CIP Fund Budgeted;if No,attach Budget Adjustment Form:na Recommendation(s)by Board(s)or Commission(s):NA Staff Recommendation(s):Staff recommends approval of IFB DS2015-102 as presented. List Attachment(s):Bid Minutes and IFB DS2015-102 SUGGESTED MOTION (for council use):MOTION to approve Invitation For Bids DS2015-102 with Nesbitt Contracting Co., Inc. in the amount of $6,770,217.53 for the construction of the Saguaro Blvd.Reconstruction project. Prepared by: Pa"ul Moodf Development Services Director 11/6/2014 kpprtfved:^-v f~\ Cen Buchanan,Town Manager 11/ Apprd Ken Buchanan,Town Manager 11/6/2014 Pago 2 of 2 TOWN OF FOUNTAIN HILLS BID MINUTES PROJECT NAME:Saguaro Blvd.Reconstruction Project DATE/TIME:October 22,2014 3:00 p.m. IFB SOLICITATION NO.DS2015-102 No.Name of Company Schedule A:S6010 Schedule B:T5011 Grand Total 1 Nesbitt $6,420,657.88 $349,559.65 $6,770,217.53 2 Sunland Asphalt $6,643,000.00 $382,000.00 $7,025,000.00 3 J.Banicki $6,983,550.70 $370,012.15 $7,353,562.85 4 Markham $7,035,601.95 $353,062.85 $7,388,664.80 5 Achen Gardner $7,013,301.16 $433,363.20 $7,446,664.36 6 Combs Construction $6,985,355.25 $508,730.70 $7,494,085.95 7 T & T Construction $7,185,083.29 $349,218.27 $7,534,301.56 8 M R Tanner Construction $7,374,356.80 $527,902.00 $7,902,258.80 9 Blucor $7,736,679.26 $474,849.90 $8,211,529.16 10 Rycor $7,965,985.73 $362,521.35 $8,328,507.08 11 Inter Mountain West $8,095,191.54 $401,398.25 $8,496,589.79 Paul Mood,Director of Development Services Date TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT INVITATION FOR BIDS SAGUARO BOULEVARD RECONSTRUCTION Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills,Arizona 85268 SOLICITATION INFORMATION AND SCHEDULE Solicitation Number: Release Date: Advertisement Dates: Final Date for Inquires Prospective Bidder's Conference: Bid Deadline: Bid Opening: Town Representative: DS2015-102 September 17,2014 September 17 & 24,2014 -Fountain Hills Times September 18 &25,2014 -Arizona Business Gazette October 9,2014 October 1,2014 10:00 a.m.(local time,Phoenix,Arizona) Fountain Hills Town Hall Council Chambers 16705 East Avenue of the Fountains Fountain Hills,Arizona 85268 October 22,2014 3:00 p.m.(local time,Phoenix,Arizona) October 22,2014 3:00 p.m.(local time,Phoenix,Arizona) Paul Mood,P.E.PMood@FH.az.gov In accordance with the Town of Fountain Hills Procurement Code,competitive sealed Bids for the services specified herein will be received by the Town Clerk at the Town Clerk's Office at the above-referenced location until the date and time referenced above (the "Bid Deadline").Bids received by the Bid Deadline shall be publicly opened and the Bid Price read. Bids shall be in the actual possession of the Town Clerk on, or prior to, the Bid Deadline date. Late Bids shall not be considered except as provided in the Town Procurement Code.Bids shall be submitted in a sealed envelope with the Solicitation Number and the Bidder's name and address clearly indicated on the front of the envelope. There is no charge for the Plans and Specifications. Plans and Specifications may be obtained at the Town of Fountain Hills website: http://www.fh.az.gov/available-bids.aspx *The Town of Fountain Hills reserves the right to amend the solicitation schedule as necessary. 2223503.1 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-102 OFFER The undersigned (the "Bidder") hereby offers this Bid as an offer to contract with the Town under the terms and conditions set forth below and certifies that Bidder has read,understands and agrees to fully comply with,and be contractually bound by,all terms and conditions asset forth in this Invitation For Bids ("IFB"),the Contract formed hereby (as defined below)and any amendments thereto,together with all Exhibits,Specifications,Plans andother documents included as partofthis Contract (the"Contract Documents"). Arizona Transaction (Sales) Privilege Tax License Number:07067062-P Federal Employer Identification Number:86-0174401 Nesbitt Contracting Co.,Inc Contractor Name 100 S.Price Rd Tempe Address AZ 85281 City State Zip Code For Clarification of this Bid contact: Name-Russ Grgich Telephone:480-423-7600 Facsimile:480-423-7680 Email•russgianesbitts.com v ~—~" J Authorized Signature forContractor James L.Nesbitt Printed Name President Title ACCEPTANCE OF OFFER AND NOTICE OF AWARD (FOR TOWN OF FOUNTAIN HILLS USE ONLY) Effective Date:Contract No.uM^-[^H'Official File: TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Kenneth W.Buchanan,Town Manager ATTEST: Bevelyn J. Be 2223503.1 Andrew J.McGuire,Town Attorney TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-102 ARTICLE I -DEFINITIONS For purposes of this Invitation for Bids, the following definitions shall apply: 1.1 "Bid"or "Offer" means a responsive bid or quotation submitted by a Bidder in response to this Invitation for Bids. 1.2 "Bid Deadline"means the date and time set forth on the cover of this IFB for the Town Clerk to be in actual possession of the sealed Bids. 1.3 "Bid Opening"means the date and time set forth on the cover of this Invitation for Bids for opening of sealed Bids. 1.4 "Bidder"means any person or firm submitting a competitive Bid in response to this IFB. 1.5 "Confidential Information" means that portion of a Bid, proposal, Offer, Specification or protest that contains information that the personsubmittingthe informationbelievesshould be withheld,provided(i) such person submits a written statement advising the Town of this fact at the time of the submission and (ii) the information is so identified wherever it appears. 1.6 "Contract"means,collectively,the (i)Offer/Bid,(ii) this IFB,including all exhibits, (iii) the Notice of Award, (iv) the Notice to Proceed or Purchase Order(s), (v) any approved Addendum, Change Order or Amendment,(vi) the Contractor's Certificates of Insurance and a copy of the Declarations Page(s)of the insurance policies, (vii) the Certificate of Completion and (viii) any Plans,Specifications or other documents attached, appended or incorporated herein by reference.Alternate or optional bid items will become part of the Contract only if they are accepted by the City in writing on the Price Sheet. 1.7 "Contractor"means the individual, partnership, corporation or limited liability company who has submitted a Bid in response to this IFB and who, as a result of the competitive bidding process, is awarded a contract for Materials or Services by the Town. 1.8 "Contract Time"means the time paid during which the Contractor must complete all of the Work related to the Project. 1.9 "Days"means calendar days unless otherwise specified. 1.10 "Engineer"means the Town Engineer or authorized designee. 1.11 "Final Completion"shall be defined as set forth in Section 3.16 and shall occur not later than 30 Days from the date of Substantial Completion unless otherwise designated by the Engineer and subject to modification by changes in the Work as provided in Section 3.14 below. 1.12 "Invitation for Bids" or "IFB"means this request by the Town for participation in the competitive bidding process according to all documents, including those attached or incorporated herein by reference, utilized for soliciting Bids for the Materials and/or Services in compliance with the Town's Procurement Code. 1.13 "MAG Specifications" means, collectively, the "Uniform Standard Specifications for Public Works Construction,"current edition as of the date of Contract award and the "Uniform Standard Details for Public Works Construction,"current edition as of the date of Contract award, which are sponsored and distributed by the Maricopa Association of Governments ("MAG") and any amendments or supplements adopted by the Town. 1.14 "MAG Supplement" means the most current edition of the Town of Fountain Hills Supplementto the MAG Uniform Standard Specifications and Details for Public Works Construction. 2223503.1 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-102 1.15 "Materials" means any personal property, including equipment, materials,replacements and supplies provided by the Contractor in conjunction with the Contract and shall include, in addition to Materials incorporated inthe Project,equipmentand othermaterialusedand/orconsumedinthe performanceofthe Work. 1.16 "Multiple Award" means an award of an indefinite quantity contract for one or more similar products,commodities or Services to more than one Bidder. 1.17 "Price" means the total expenditure for the defined Project, inclusive of all Materials, commodities or Services. 1.18 "Procurement Administrator"means a Town employee,as designated on the cover of this IFB, whohas specificallybeen designated to act as a contact person to the Bidders and/or Contractor relatingto their IFB. 1.19 "Procurement Agent"means the Town Manager or authorized designee. 1.20 "Procurement Code"means the Town's Procurement Code,as amended from time to time. 1.21 "Project"means the purpose and Work described as set forth in Section 2.1, in the "Purpose/Scope of Work"of the IFB. 1.22 "Punch List" means that list of items provided by Town to Contractor at the time of Substantial Completion indicating items to be completed or corrected, including the time for completion or correction by Contractor after Substantial Completion. 1.23 "Services"means the furnishing of labor, time or effort by a Contractor, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance and as further defined in the Contract. This term does not include "professional and technical services"as defined in the Procurement Code. 1.24 "Specification"means any description of the physical characteristics,functional characteristics, or the nature of a commodity, product, supply or Services. The term may include a description of any requirements for inspecting,testing, or preparing a supply or service item for delivery. 1.25 "Subcontractor"means those persons or groups of persons having a direct contract with the Contractor to perform a portion of the Work and those who furnish Materials according to the plans and/or Specifications required by this Contract. 1.26 "Substantial Completion"shall be defined as set forth in Section 3.15 below and shall occur not later than the date set forth in the Schedule,subject to modification by changes in the Work as provided in Section 3.14 below. 1.27 "Town"means the Town of Fountain Hills, an Arizona municipal corporation. 1.28 "Town Representative"means the Town employee who has specifically been designated to act as a contact person to the Town's Procurement Administrator,and who is responsible for monitoring and overseeing the Contractor's performance under the Contract and for providing information regarding details pertaining to the Work. 1.29 "Vendor"means any firms, entities or individuals desiring to prepare a responsive Bid in response to this IFB. 1.30 "Work"means all labor, Materials and equipment incorporated or to be incorporated in the Project that are necessary to accomplish the construction required by this Contract. 2223503.1 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-102 ARTICLE II -BID PROCESS:BID AWARD 2.1 Purpose/Scope of Work. The Work included in this Project consists of roadway reconstruction, drainage improvements,traffic signal improvements,signageand striping,landscapingand other miscellaneous Workas required.TheTownis issuing this IFB is to securea qualified General Contractor to perform the Work and provide Materials as more particularly described in the Specifications attached hereto as Exhibit A,and incorporated herein by reference.Bidders must submit Bids encompassing the entire Project,inclusive of the related Plans and/or Construction Drawings.PLEASE NOTE:This Project includes two separate price sheets: (A)S6010 -Saguaro Blvd.Reconstruction and (B)T5011 - Saguaro Blvd. Palisades Blvd. Traffic Signal Improvements. Both price sheets must be completed. Failure to do so may result in a determination that the Bid is non-responsive.TheTownwill selectone Bidderwiththe lowestoverallresponsibleand responsivebid. 2.2 Amendment of IFB. Except as set forth in Section 3.56 below, no alteration may be made to this IFB or the resultant Contract without the express, written approval of the Town in the form of an official IFB addendum or Contract amendment. Any attempt to alter this IFB/Contract without such approval is a violation of this IFB/Contract and the Town Procurement Code. Any such action is subject to the legal and contractual remedies available to the Town including, but not limited to, Contract cancellation and suspension and/or debarment of the Bidder or Contractor. 2.3 Preparation/Submission of Bid. Bidders are invited to participate in the competitive bidding processfor the Project specified in this IFB. Bidders shall review their Bid submissionsto ensure the following requirements are met. A.Irregular/Non-responsive Bids. The Town will consider as "irregular"or "non- responsive" and shall reject any Bid not prepared and submitted in accordance with the LFB and Specifications,or any Bid lacking sufficient information to enable the Town to make a reasonable determination of compliance with the Specifications. Unauthorized or unreasonable exceptions, conditions, limitations, or provisions shall be cause for rejection. Bids may be deemed non-responsive at any time during the evaluation process if, in the sole opinion of the Procurement Agent, any of the following are true: 1.Bidder does not meet the minimum required skill,experience or requirements to perform the Work or provide the Materials. 2.Bidder has a past record of failing to fully perform or fulfill contractual obligations. 3.Bidder cannot demonstrate financial stability. 4. Bid submission contains false,inaccurate or misleading statements that, in the opinion of the Procurement Agent, are intended to mislead the Town in its evaluation of the Bid. B.Specification Minimums. Bidders are reminded that the Specifications in this LFB are the minimum levels required and that Bids submitted must be for products that meet or exceed the minimum level of all features specifically listed in this IFB. Bids offering less than the minimums specified will be deemed not responsive. Itshall be the Bidder's responsibility to carefully examine each item listed in the Specifications. C. Required Submittal. Bidders shall provide all of the following documents to be considered a responsive Bid: 1.Complete,fully executed original of this IFB, with the Offer signed in ink by a person authorized to bind the Bidder. 2.Price Sheet. 2223503.1 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-102 3.Bid Bond. 4.Licenses;/DBE &MBE Status. 5.References. 6. Federal Requirements,if applicable. 7.Acknowledgment for each Addendum received,if any. D. Bidder Responsibilities. All Bidders shall (1) examine the entire Bid package, (2) seek clarification of any item or requirement that may not be clear, (3) check all responses for accuracy before submitting a Bid and (4) submit the entire, completed Bid package by the official Bid Deadline. Late Bids shall not be considered. Bids not submitted with an original, signed Offer page by a person authorized to bind the Biddershall be considered non-responsive.Negligencein preparinga Bid shall not be good cause for withdrawal after the Bid Deadline. E. Sealed Bids. All Bids shall be sealed and clearly marked with the IFB title and number on the lower left hand corner of the mailing envelope. A return address must also appear on the outside of the sealed Bid. F. Address. All Bids shall be directed to the following address: Town Clerk, 16705 East Avenue of the Fountains,Fountain Hills,Arizona 85268,or hand-delivered to the Town Clerk's office. G. Bid Forms. All Bids shall be on the forms provided in this IFB. It is permissible to copy these forms if required. Telegraphic (facsimile), electronic (email) or mailgram Bids will not be considered. H.Modifications.Erasures,interlineations,or other modifications in the Bid shall be initialed in original ink by the authorized person signing the Bid. I. Withdrawal. At any time prior to the specified Bid Opening, a Bidder (or designated representative)may amend or withdraw its Bid.Facsimile,electronic (email) or mailgram Bid amendments or withdrawals will not be considered. No Bid shall be altered, amended or withdrawn after the specified Bid Deadline, unless otherwise permitted pursuant to the Town Procurement Code. 2.4 Inquiries;Interpretation of Plans.Specifications and Drawings. A. Inquiries. Any question related to the IFB,including any part of the Plans,Specifications, Scope of Work or other Contract Documents,shall be directed to the Town Representative and Procurement Administrator whose names appear on the cover page of this IFB.Questions shall be submitted in writing by the date indicated on the cover page of this IFB; the Town will not respond to any inquiries submitted later than the Final Date for Inquiries. The Vendor submitting such inquiry will be responsible for its prompt delivery to the Town. Any correspondence related to the IFB shall refer to the title and number, page and paragraph. However, the Bidder shall not place the IFB number and title on the outside of any envelope containing questions,because such an envelope may be identified as a sealed Bid and may not be opened until the Bid Opening.Any interpretations or corrections of the proposed Contract Documents will be made only by addenda duly approved and issued by the Town. The Town will not be responsible for any other explanations or interpretations of the Contract Documents. B.Addenda.It shall be the Bidder's responsibility to check for addenda issued to this IFB. Any addendum issued by the Town with respect to this IFB will be available at: 2223503.1 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-102 Town of Fountain Hills Town Hall, 16705 East Avenue of the Fountains,Fountain Hills,Arizona 85268 Townof FountainHillswebsiteat:www.fh.az.gov/for-business.aspx C. Approval of Substitutions. The Materials, products, and equipment described in this IFB establish a standard or required function,dimension,appearance and quality to be met by any proposed substitution.No substitute will be considered unless written Substitution/Equal Request in the form attached hereto as Exhibit B.has been received by the Town Representativeat least ten days prior to the Bid Deadline. Each such request shall include the name of the Material or equipment for which it is to be substituted and a complete description of the proposed substitute,including any drawings,performance and test data and any other information necessary for evaluationof the substitute.If a substitute is approved,the approval shallbe by writtenaddendumto the IFB. Bidder shall not rely upon approvals made in any other manner. D. Use of Equals. When the Specifications for materials, articles, products and equipment includethe phrase "or equal,"Bidder may bid upon and use materials, articles, products and equipmentthat willperformequallythe requirements imposedby the generaldesign. TheEngineerwillhavethe final approval of all materials,articles,productsand equipmentproposedto be used as an "equal." No such "equal" shall be purchased or installed without prior, written approval from the Engineer. No "equal" will be considered unless a written Substitution/Equal Request, in the form attached hereto as Exhibit B,has been received by the Town Representative at least ten days prior to the Bid Deadline. The request shall include the name of the material or equipmentfor which the item is sought to be considered an equal and a complete description of the proposed equal including any drawings, cuts, performance and test data and any other information necessary for evaluation of the equal. All approval of equals shall be issued in the form of written addendum or amendment, as applicable,to this IFB or the Contract. E. Bid Quantities. It is expressly understood and agreed by the parties hereto that the quantities of the various classes of Services and/or Materials to be furnished under this Contract,which have been estimated as stated in the Bidders' Offer, are only approximate and are to be used solely for the purpose of comparing, on a consistent basis, the Bidders'Offers presented for the Work under this Contract.The selected Contractor agrees that the Town shall not be held responsible if any of the quantities shall be found to be incorrect and the Contractor will not make any claim for damages or for loss of profits because of a difference between the quantities of the various classes of Services and/or Materials as estimated and the Services and/or Materials actually provided.Contractor is responsible for ensuring that all Materials contained in the Plans for the project are bid on the Price Sheet.Contractor shall bring any potential discrepancy between the Plans and the Price Sheet to the Town's attention,either at the Prospective Bidders'Conference or by written inquiry, as set forth in Subsection 2.4(A)above.If any error,omission or misstatement is found to occur, the same shall not (1)invalidate the Contract or the whole or any part of the Scope of Work, (2)excuse Contractor from any of the obligations or liabilities hereunder or (3) entitle Contractor to any damage or compensation except as may be provided in this Contract. 2.5 Prospective Bidders'Conference.A Prospective Bidders'Conference may be held.If scheduled,the date and time of the Prospective Bidders'Conference will be indicated on the cover page of this IFB. The Prospective Bidders'Conference may be designated as mandatory or non-mandatory on the cover of this IFB. Bids shall not be accepted from Bidders who do not attend a mandatory Prospective Bidders' Conference.Bidders are strongly encouraged to attend those Prospective Bidder's Conferences designated as non-mandatory.The purpose of the Prospective Bidders'Conference will be to clarify the contents of the IFB in order to prevent any misunderstanding of the Town's requirements.Any doubt as to the requirements of this IFB or any apparent omission or discrepancy should be presented to the Town at the Prospective Bidders' Conference.The Town will then determine if any action is necessary and may issue a written amendment or addendum to the IFB.Oral statements or instructions will not constitute an amendment or addendum to the IFB. 2223503.1 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-102 2.6 New Materials. All Materials to be provided by the Contractor and included in the Bid shall be new, unless otherwise stated in the Specifications. 2.7 Prices. Work shall be performed at the unit prices as set forth in the Price Sheet attached hereto as Exhibit C and incorporated hereinby reference.Bidpricesshallbe submitted ona perunitbasisbyline item, when applicable and include all applicable sales tax. In the event of a disparity between the unit price and extended price,the unit price shall prevail.NOTE:All pricing blanks must be filled in.Empty or unfilled spacesin the Bid Price Sheet shall result in a determination that a Bid is non-responsive. 2.8 Allowances.Allowances,if any, shall be clearly set forth on the Price Sheet.Allowances shall cover the cost to the Contractor (less any applicable trade discount) of the Materials including equipment required by the Allowance,delivered at the site, and all applicable taxes,overhead,profit handling and other general conditions costs,unless unit rates are available in the Price Sheet.Unit rates from the Price Sheet shall be used to determine the cost of a change to be paid from an Allowance,when applicable.Any remaining Allowanceamount shall be returned to the Town at the end of the Project by deductive change order. 2.9 Payment: Discounts. Any Bid that requires payment in less than 30 Days shall not be considered. Payment discounts of 30 Days or less will not be deducted from the Bid Price in determining the low Bid. The Town shall be entitled to take advantage of any payment discount offered, provided payment is made within the discount period. Payment discounts shall be indicated on Price Sheet. 2.10 Taxes. The Town is exempt from Federal Excise Tax, including the Federal Transportation Tax. Sales tax, if any, shall be indicated as a percentage and set forth as a separate item. It shall not be considered a lump sum payment item. It is the sole responsibility of the Bidder to determine any applicable State tax rates and calculate the Bid accordingly.When calculating the tax on the Bid, the Bidder should not include tax on any allowances. Failure to accurately tabulate any applicable taxes may result in a determination that a Bid is non-responsive. The Bidder shall not rely on, and shall independently verify, any tax information provided by the Town. 2.11 Federal Funding. It is the responsibility of the Bidder to verify and comply with federal requirements that may apply to the Work (the "Federal Requirements").It is also the responsibility of the Bidder to incorporate any necessary amounts in the Bid to accommodate for required federal record-keeping, necessary pay structures or other matters related to the Federal Requirements.Federal Requirements,if any, shall be attached hereto as Exhibit D. In addition to any applicable Federal Requirements,this procurement is subject to a number of state and Town regulations. In general, where these rules conflict, the more stringent law or rule applies. 2.12 Cost of Bid/Proposal Preparation.Bids submitted for consideration should be prepared simply and economically,providing adequate information in a straightforward and concise manner. The Town does not reimburse the cost of developing,presenting or providing any response to this solicitation;the Bidder is responsible for all costs incurred in responding to this IFB. All materials and documents submitted in response to this IFB become the property of the Town and will not be returned. 2.13 Public Record. All Bids shall become the property of the Town.After Contract award, Bids shall become public records and shall be available for public inspection in accordance with the Town's Procurement Code,except that any portion of a Bid that was designated as confidential pursuant to Section 2.14 below shall remain confidential from and after the time of Bid opening to the extent permitted by Arizona law. 2.14 Confidential Information.If a Vendor/Bidder believes that a Bid,Specification,or protest contains information that should be withheld from the public record, a statement advising the Procurement Agent of this fact shall accompany the submission and the information shall be clearly identified. The information identified by the Vendor or Bidder as confidential shall not be disclosed until the Procurement Agent makes a written determination.The Procurement Agent shall review the statement and information with the Town Attorney and shall determine in writing whether the information shall be withheld. If the Town Attorney 2223503.1 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-102 determines that it is properto disclose the information,the ProcurementAgent shall informthe Vendoror Bidder in writing of such determination. 2.15 Vendor Licensing and Registration.Prior to the award of the Contract,the successful Bidder shall (A)be registeredwiththe Arizona CorporationCommission and authorizedto do businessin Arizona and (B) have a completed Request for Vendor Number on file with the Town Financial Services Department. Bidders shall provide license and certification information with the Bid, attached as Exhibit E and incorporated herein by reference. Upon the Town's request, corporations, limited liability companies, partnerships or other entities shall provide Certificates of Good Standing from the Arizona Corporation Commission. 2.16 Bidder Qualifications. A. Experience and References. Bidder must demonstrate successful completion of at least three similar projects within the past 60 months, one of which must have a dollar value of at least 75%of the total bid for this Project as set forth in the Price Sheet, attached as Exhibit C. Total bid price does not include any Town allowances identified.For the purpose of this Solicitation,"successful completion"means completion of a project within the established schedule and budget and "similar projects" resemble this Project in size, nature and scope.References for these three projects shall be listed on the sheet attached hereto as Exhibit F and incorporated herein by reference.These references will be checked,and it is Bidder's responsibility to ensure that all information is accurate and current.Bidder authorizes the Town's representative to verify all information from these references and releases all those concerned from any liability in connection with the information they provide. B.Investigation.The Town's representative may conduct any investigation deemed necessary to determine the Bidder's ability to perform the Work in accordance with the Contract Documents. The three lowest Bidders may be requested to submit the following documentation within 72 hours to assist the Town in its evaluation: 1.Evidence of loss history and underwriting criteria. 2.Bidder's safety program. 3.CPA-certified audits for the past three fiscal years of operations. 4.Similar documents deemed necessary by the Town. 2.17 Certification. By submitting a Bid, the Bidder certifies: A.No Collusion.The submission of the Bid did not involve collusion or other anti competitive practices. B. No Discrimination.It shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246. C. No Gratuity. It has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment,gift, loan, gratuity, special discount, trip favor or service to a Town employee, officer, agent or elected official in connection with the submitted Bid or a resultant Contract. In the event that the resultant Contract is canceled pursuant to this provision, the Town shall be entitled, in addition to any other rights and remedies, to recover and withhold from the Contractor an amount equal to 150%of the gratuity. D.Financial Stability.It is financially stable,solvent and has adequate cash reserves to meet all financial obligations including any potential costs resulting from an award of the Contract. 2223503.1 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-102 E. No Signature/False Statement. The signature on the Bid and the Vendor Information Form is genuine.Failure to signtheBidorthe Vendor Information Form,orsigningeitherwitha false statement, shall void the submitted Bidandany resulting Contract,andthe Bidder may be debarred from further bidding in the Town. 2.18 Bid Bond. All Vendors desiring to prepare a responsive Bid shall submit a non-revocable bid security payable totheTowninthe amount often percent (10%)ofthetotalBid Price.This security shallbeinthe form ofabid bond,certified check or cashier's check andmustbeinthe possession ofthe Town Representative by the Bid Deadline. All bid security from Contractor(s) who have been issued a Notice of Award shall be held until the successful execution of all required Contract Documents and bonds. If the Contractor fails to execute the required contractual documents and bonds within thetime specified,ortenDaysafter Notice of Award ifno period is specified,the Contractormay be found to be in default and the Contractterminatedby the Town. In case of default,the Town reserves all rights inclusive of, but not limited to, the right to purchase material and/or to complete the Workand to recoverany actual excess costs associatedwith such completion from the Contractor. Allbid bonds shallbe executed inthe form attached heretoas Exhibit G.duly executed bythe Bidderas Principal andhavingas Suretythereona Suretycompanyholdinga Certificate of Authorityfromthe Arizona Department of Insurance to transactsuretybusinessinthe State of Arizona. Individualsuretiesare unacceptable.Allinsurersand sureties shallhave,atthetimeof submission ofthe proposal,anA.M.Best's KeyRatingGuideof"A-" or betteras currently listed in the most recent Best Key Guide, published by the A.M. Best Company. As soon as is practicable after the completion of the evaluation, the Town will (A) issue a Notice of Award for those Offers accepted by the Town and (B)return all checks or bonds to those Bidders who have not been issued a Notice of Award. 2.19 Award of Contract. A. Multiple Award. The Town may, at its sole discretion, accept Bidder's Offer as part of a Multiple Award. B. Evaluation. The evaluation of this Bid will be based on, but not limitedto, the following: (1) compliance with Specifications, (2) Price, including alternates, if any and (3) Bidder qualifications to perform the Work. C.Waiver,Rejection. Reissuance.Notwithstanding any other provision of this IFB, the Town expressly reserves the right to: (1) waive any immaterial defect or informality, (2) reject any or all Bids or portions thereof and (3)cancel or reissue an IFB. D. Offer. A Bid is a binding offer to contract with the Town based upon the terms, conditions and Specifications contained in this IFB and the Bidder's responsive Bid, unless any of the terms, conditions, or Specifications are modified by a written addendum or Contract amendment. Bids become binding Contracts when the Acceptance of Offer and Notice of Award is executed in writing by the Town.Bidder Offers shall be valid and irrevocable for 90 days after the Bid Opening. E. Protests. Any Bidder may protest this IFB, the proposed award of a Contract,or the actual award of a Contract.All protests will be considered in accordance with the process set forth by the Town Manager or qualified designee. ARTICLE III -GENERAL TERMS AND CONDITIONS PART A-GENERAL 3.1 Reference Standards.The Contractor shall perform the Work required in conformance with MAG Specifications and the MAG Supplement,each of which is incorporated herein by reference. In the event of a conflict between the MAG Specifications and the MAG Supplement,the MAG Supplement shall prevail. 2223503.1 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-102 3.2 Plansand Specifications to Successful Contractor.The successful Contractor shallprintits own Plans and Specifications for this Project from the Town's website. 3.3 ContractTime. The Contract Time for this Projectshall be 270 days fromthe Noticeto Proceed. All Workonthe Projectshall becompletedonor beforethe expiration of the ContractTime. 3.4 Pre-Construction Conference. Within 30 days of the issuance of the Notice of Award, the Contractor shall attend a pre-construction conference.TheTownwill contact the Contractor to schedule a specific date,timeand location forthe pre-construction conference.The purpose of this conference is to outline specific items and procedures and to address items that require special attention on the part of the Contractor.The Contractor may also present proposed variations in procedures that the Contractor believes may (A)improve the Project,(B)reduce costor(C)reduce inconvenience to the public.Any necessary coordination and procedures for construction inspection and staking will be addressed during the pre-construction conference. The Contractor will be required to provide the following itemsat,or priorto,the pre-construction conference,eachof whichis subject to review and approval by the Engineer: A. Key Personnel; Subcontractors. A list of the names and emergencytelephone numbers of allproposedKey Personnel,Subcontractors and suppliersthatthe Contractorintendsto utilizeon the Project,in the form attachedhereto as Exhibit H and incorporatedherein by reference. The term "Key Personnel" means individuals whowillbedirectlyassignedto this Projectand includes,butis not limitedto,the owner,principals, project manager, project superintendent, scheduler, construction engineer and supervisory personnel. At least two ofthe Bidder's Key Personnelmust have a minimumof three years' experience in similarprojects(defined above)and the schedulermust have experience in employingschedulingtechniquesappropriatefor this Project. Resumes of Key Personnel shall be submitted upon request by the Town's representative. Proposed Subcontractors shall be qualified and have the requisite professional or technical licenses and be licensed to do business in the State of Arizona. The list shall includesuch informationon the professional backgroundof each of the assigned key individuals as may be requested by the Town Representative.Such key personnel and Subcontractors shall be satisfactory to the Engineer and shall not be changed except with the consent of the Engineer. Additionally, the Engineer shall have the right to request that the Contractor personnel and Subcontractors be removed from the Project if, in the Engineer's sole discretion, such personnel or Subcontractor(s)are detrimental to the Project delivery process. Upon receipt of such request, the Contractor shall remove such personnel or Subcontractor(s)unless the Contractor can provide the Town with sufficient documentation to prove it is commercially impractical to replace the personnel or Subcontractor(s)with substitute personnel possessing similar qualifications. The Engineer's approval of substituted personnel or Subcontractors) shall not be unreasonably withheld. B.Progress Schedule.A construction progress schedule showing the estimated time for start and completion of the major items of Work in Primavera P6 scheduling software. C.Payment Schedule.A payment schedule showing the estimated dollar volume of Work for each calendar month during the life of the Project. D. Traffic Control. A written proposal outlining the intended plans for traffic control and for maintaining continuous access to residences and businesses along the construction site. E. Site Security.A written proposal outlining the intended plans to secure the Project site for public safety and security. F.Drawings,Materials &Equipment.An itemized list of all required shop drawings, material and equipment submittals and a schedule indicating the dates each of these items will be transmitted to the Town for review. 2223503.1 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-102 3.5 Notice to Proceed. Within 45 days of the issuance of the Notice of Award the Town may issue a written Notice to Proceed. The Notice to Proceed shall stipulate the actual Contract start date, the Contract Time and the dates of Substantial Completion and Final Completion. The time required for the Contractor to obtain permits, licenses and easements shall be included in the Contract Time and shall not be justification for a delay claim by the Contractor. The time required for the Contractor to prepare, transmit and obtain approval of applicablesubmittals shall be included in the Contract Time and shall not bejustification for a delay claim by the Contractor. No Work shall be started until after all required permits,licenses,and easements have been obtained. The Contractor shall notify the Engineer, in writing, at least 72 hours before the following events: A.Commencement.The start of construction. B.Services Shut Down.Shutdown of water, sewer,drainage,irrigation and/or traffic control facilities, including the anticipated length of time for each shut down. C. Well or Pump Shut Down.Shutdown of existing water wells and booster pumps. Such shutdown shall not exceed 72 hours of any facility and only one facility may be shutdown at any one time. Shutdowns shall be coordinated with proper utility agency/company. D.Water Lines. All draining and filling of water lines and irrigation laterals and all operations of existing valves or gauges,which shall also be coordinated with the proper utility agency/company. E. Start-up and Testing. Start-up or testing of any water well or booster pump to be connected to any part of the existing water system. This includes operation of existing valves necessary to accommodate the water. 3.6 Laws and Regulations.The Contractor shall keep fully informed of all rules,regulations, ordinances, statutes or laws affecting the Work herein specified,including existing and future (A) Town and County ordinances and regulations,(B) State and Federal laws and (C)Occupational Safety and Health Administration ("OSHA")standards. 3.7 Rights-of-Way.The Contractor shall obtain a right-of-way permit for any of the Work completed in the public right-of-way. The Contractor will be responsible for any required Maricopa County permits or other agency permits. The Town will provide any necessary easements for Work specified under this Contract, and the Contractor shall not enter or occupy with workers, tools,equipment or materials any private ground outside the property of the Town without the written consent of the owner thereof. The Contractor, at its own expense, is responsible for the acquisition of any additional easements or rights-of-way. 3.8 Inspection. Safety and Compliance. Each Contractor must inform itself fully of the conditions relatingto the construction of the Project and the employment of labor thereon. Failureto do so will not relievethe Contractor of its obligation to furnish all material and labor necessary to carry out the provisions of this Contract. Insofar as possible in carrying out its work, the Contractor must employ such methods or means as will not cause any interruption of or interferencewith the Work of any other contractor. Contractoraffirmsthat it has inspected the jobsite and has thoroughly reviewed the Contract including, without limitation, the Specifications listed on ExhibitA, as the same may be revised by the Town, and is not relying on any opinions or representationsof Town. Contractor agrees to perform and complete such Work in strict accordance with the Contract and under the general direction of the Town. Contractor agrees that any exclusions of any Work must be approved in writing by the Town priorto acceptanceof this Contract or same shall not be excluded hereunder. Contractoris responsiblefor all safety precautions and programsand shall provide all protectionand necessarysupervisionto implementsaid precautions and programs.Contractorshalltake allreasonableprecautionsforthe safetyof and providereasonable protection to prevent damage,injuryor lossto: (A)Town personnel and membersof the public,(B)employees or others on the Project, (C) the Work and materials and (D) other property at the Project or adjacent thereto. Contractor shall designate a responsible person on the Project whose duty shall be prevention of accidents. Contractor shallprovideall competentsupervisionnecessaryto executeall Workand any Work incidental thereto 2223503.1 10 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-102 ina thorough,first-class,workmanlike manner.Itis Contractor's responsibility that allofthe Work and any Work incidental thereto conforms to,and is performed in accordance with,all applicable Federal,State,County and Town laws,codes,ordinances,regulations (including National Pollutant Discharge Elimination System and air pollutionstandards)and orders of publicauthoritiesbearingon performanceofthe Work. 3.9 Traffic Regulations.All traffic affected by the Work underthis Contract shall be regulated in accordance with the then-current version of the City of Phoenix-Traffic Barricade Manual (the "Barricade Manual")which is incorporated herein by reference;provided,however,that this Contract shall govern in a conflict with the terms of the Barricade Manual. At the time of the pre-constructionconference,the Contractor shall designate an employee whois well qualified and experienced in construction traffic control and safety to be responsible for implementing,monitoringandalteringtrafficcontrolmeasures,as necessary.Atthe sametime,the Townwill designate a representative who will be responsible to see that all traffic controland any alterations are implemented and monitoredto the extent that traffic is carriedthroughthe Work area in an effectivemannerand that motorists,pedestrians,bicyclistsand workers are protectedfrom hazardand accidents. A. Major Streets. The followingshallbe consideredmajor streets: All major parkway,mile (sectionline),arterialandcollector (mid-section lineandquartersectionline)streetssoclassifiedbytheTown. B. Traffic Control Devices. All traffic control devices required for the Work under this Contractshall be the responsibilityof the Contractor. The Contractor shall place advance warning signs (such as REDUCE SPEED, LOOSE GRAVEL, 25 MPH SPEED LIMIT and DO NOT PASS) in accordance with the Barricade Manual. The Contractor shall provide, erect and maintain all necessary flashing arrow boards, barricades,suitableand sufficientwarninglights,signalsand signs and shalltake all necessary precautions for the protection of the Work and safety of the public. The Contractorshall provide,erect and maintain acceptable and adequate detour signs at all closures and along detour routes. All barricades and obstructions shall be illuminated at night, and all safety lights shall be illuminatedfrom sunset until sunrise. All barricadesand signs used by the Contractor shall conform to the standard design generally accepted for such purposes and payment for all such services and materials shall be considered as included in the other pay items of the Contract. C. Existing Signs. The Contractor shall ensure that all existing traffic signs are erect, clean and in full view of the intended traffic at all times. Street name signs at major street intersections shall be maintained erect at all times. If these signs should interfere with construction, the Contractor shall notify the Engineer, in writing, at least 48 hours in advance for Town personnel to temporarily relocate or cover said signs. The Engineer will direct the Contractor as to the correct positions to re-set all traffic and street name signs to permanent locations when notified by the Contractor that the interfering construction is complete. D.Manual Traffic Control.Manual traffic control shall be in conformity with the Barricade Manual, except that the designated liaison officer shall be contacted at the Maricopa County Sheriffs Office, District 7. When construction activities or traffic hazards at the construction site require the use of flagmen, it shall be the Contractor's responsibility to provide trained flagmen to direct traffic safely. When traffic hazards at construction sites warrant the use of certified police personnel to direct traffic,arrangements must be made with the liaison officer at the Maricopa County Sheriffs Office,District 7. E.Contractor Equipment.The assembly and turnarounds of the Contractor's equipment shall be accomplished using adjacent local streets when possible.Equipment used and/or directed by the Contractor shall travel with traffic at all times.Supply trucks shall travel with traffic except when being spotted. Contractor shall provide a flagman or off-duty,uniformed Sheriffs Deputy to assist with spotting. F.Traffic Alterations.During construction,it may be necessary to alter traffic control. Any such alterations shall be in accordance with the Barricade Manual. No street within the Project area may be closed to through traffic or to local emergency traffic without prior,written approval of the Engineer.Written approval may be given if sufficient time exists to allow for notification of the public at least 72 hours in advance of such 2223503.1 11 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-102 closing. Partial closure of streets within the Project shall be done in strict conformity with the Barricade Manual and the Engineer's written directions. G. Intersections. Caution should be used when excavating near intersections with traffic signal underground cable. Contractor shall notify the Engineer, in writing, 24 hours in advance of any Work at such intersections. The Contractor shall install and maintain temporary overhead traffic signal cable as specified by the Engineer when underground conduit is to be severed by excavations at intersections. The Contractor shall provide an off-duty, uniformed Sheriffs Deputy to direct traffic while the traffic signal isturned off and the wiring is transferred. All damaged or modified traffic signal overhead and underground items shall be repaired and restored to the Engineer's satisfaction. Magnetic detector loops shall, under no circumstances,be spliced. H.Adjacent Property Access.The Contractor shall maintain access to all businesses,schools and residences along the Project alignment at all times in accordance with the MAG Supplement, Section 107.7.1 (Access). I.Covered Crossings.Where crossings of existing pavement occurs,no open trenches shall be permitted overnight, but plating may be permitted if conditions allow, as determined by the Engineer in his sole discretion. If plates cannot be used, crossings shall either be back-filled or the Contractor shall provide a detour. 3.10 Indemnification.To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Town and each council member,officer,employee or agent thereof (the Town and any such person being herein called an "Indemnified Party"),for, from and against any and all losses,claims,damages, liabilities,costs and expenses (including,but not limited to,reasonable attorneys'fees,court costs and the costs of appellate proceedings)to which any such Indemnified Party may become subject, under any theory of liability whatsoever ("Claims")to the extent that such Claims (or actions in respect thereof)are caused by the negligent acts,recklessness or intentional misconduct of the Contractor,its officers,employees,agents,or any tier of subcontractor in connection with Contractor's work or services in the performance of this Agreement. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of the indemnity in this Section. 3.11 Insurance. A.General. 1. Insurer Qualifications.Without limiting any obligations or liabilities of Contractor, Contractor shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies authorized to do business in the State of Arizona pursuant to ARIZ. Rev.Stat.§ 20-206, as amended, with an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the Town. Failure to maintain insurance as specified herein may result in terminationof this Contract at the Town's option. 2. No Representation of Coverage Adequacy. By requiring insurance herein, the Town does not represent that coverage and limits will be adequate to protect Contractor. The Town reservesthe right to review any and all of the insurance policiesand/or endorsements cited inthis Contract but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Contract or failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Contract. 3.Additional Insured. All insurance coverage and self-insured retention or deductible portions,except Workers'Compensation insurance and Professional Liability insurance,if applicable,shall name,to the fullest extent permitted by lawfor claimsarisingout of the performance of 2223503.1 12 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-102 this Contract,the Town, its agents,representatives,officers,directors, officials and employees as Additional Insured as specified under the respective coverage sections of this Contract. 4. Coverage Term. All insurance required herein shall be maintained in full force and effect until all Work or Services required to be performed under the terms of this Contract are satisfactorily performed,completedand formallyacceptedbythe Town, unlessspecifiedotherwiseinthis Contract. 5. Primary Insurance.Contractor's insurance shall be primary insurance with respect to performance of this Contract and in the protection ofthe Town as an Additional Insured. 6. Claims Made. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend, either by keeping coverage in force or purchasing an extended reporting option, for three years past completion and acceptance of the services. Such continuing coverage shall be evidenced by submission of annual Certificates of Insurance citing applicable coverage is in force and contains the provisions as required herein for the three-year period. 7. Waiver. All policies, except for Professional Liability, including Workers' Compensation insurance, shall contain a waiver of rights of recovery (subrogation) against the Town, its agents, representatives, officials, officers and employees for any claims arising out of the Work or Services of Contractor. Contractor shallarrange to have such subrogationwaivers incorporated into each policyvia formal written endorsement thereto. 8. Policy Deductibles and/or Self-Insured Retentions. The policies set forth in these requirements may provide coverage that contains deductibles or self-insured retention amounts. Such deductiblesor self-insured retention shall not be applicable with respect to the policy limits providedto the Town.Contractor shall be solely responsible for any such deductible or self-insured retention amount. 9. Use of Subcontractors.If any Work under this Contract is subcontracted in any way,Contractor shall execute written agreement with its Subcontractors containing the indemnification provisions set forth in this Section and insurance requirements set forth herein protecting the Town and Contractor.Contractor shall be responsible for executing any agreements with its Subcontractor and obtaining certificates of insurance verifying the insurance requirements. 10.Evidence of Insurance.Prior to commencing any Work or Services under this Contract,Contractor will provide the Town with suitable evidence of insurance in the form of certificates of insurance and a copy of the declaration page(s)of the insurance policies as required by this Contract, issued by Contractor's insurance insureds)as evidence that policies are placed with acceptable insurers as specified herein and provide the required coverages,conditions and limits of coverage specified in this Contract and that such coverage and provisions are in full force and effect. Confidential information such as the policy premium may be redacted from the declaration page(s)of each insurance policy, provided that such redactions do not alter any of the information required by this Contract.The Town shall reasonably rely upon the certificates of insurance and declaration page(s)of the insurance policies as evidence of coverage but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations of this Contract. If any of the policies required by this Contract expire during the life of this Contract,it shall be Contractor's responsibility to forward renewal certificates and declaration page(s) to the Town 30 days prior to the expiration date. All certificates of insurance and declarations required by this Contract shall be identified by referencing this Contract. A $25.00 administrative fee shall be assessed for all certificates or declarations received without a reference to this Contract. Additionally, certificates of insurance and declaration page(s)of the insurance policies submitted without referencing this Contract will be subject to rejection and may be returned or discarded. Certificates of insurance and declaration page(s)shall specifically include the following provisions: 2223503.1 13 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-102 a. The Town, its agents,representatives,officers, directors, officials and employees are Additional Insureds as follows: (i) Commercial General Liability - Under Insurance Services Office, Inc., ("ISO") Form CG 20 1003 97 or equivalent. (ii) Auto Liability- Under ISO Form CA 20 48 or equivalent. (iii) Excess Liability - Follow Form to underlying insurance. b. Contractor's insurance shall be primary insurance with respect to performance of the Contract. c. All policies, except for Professional Liability, including Workers' Compensation, waive rights of recovery (subrogation) against Town, its agents, representatives, officers, officials and employees for any claims arising out of Work or Services performed by Contractor under this Contract. d.ACORD certificate of insurance form 25 (2014/01)is preferred. If ACORD certificate of insurance form 25 (2001/08) is used, the phrases in the cancellation provision "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company,its agents or representatives"shall be deleted. Certificate forms other than ACORD form shall have similar restrictive language deleted. B.Required Insurance Coverage. 1.Commercial General Liability.Contractor shall maintain "occurrence"form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent contractors,products-completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not limited to, separation of insured's clause. To the fullest extent allowed by law, for claims arising out of the performance of this Contract, the Town, its agents, representatives, officers, officials and employees shall be cited as an Additional Insured under ISO,Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or equivalent,which shall read "Who is an Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule,but only with respect to liability arising out of "your work"for that insured by or for you."If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be "follow form" equal or broader in coverage scope than underlying insurance. 2.Vehicle Liability.Contractor shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Contractor's owned,hired and non-owned vehicles assigned to or used in the performance of the Contractor's Work or Services under this Contract. Coverage will be at least as broad as ISO coverage code "1""any auto"policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for claims arising out of the performance of this Contract, the Town, its agents, representatives, officers, directors, officials and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be "follow form" equal or broader in coverage scope than underlying insurance. 3.Professional Liability.If this Contract is the subject of any professional Services or Work, or if the Contractor engages in any professional Services or Work adjunct or residual to 2223503.1 14 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-102 performing the Work under this Contract, the Contractor shall maintain Professional Liability insurance coveringnegligenterrors and omissions arising out of the Servicesperformed by the Contractor,or anyone employed by the Contractor, or anyone for whose negligent acts, mistakes, errors and omissions the Contractor is legally liable, with an unimpaired liability insurance limit of $2,000,000 each claim and $2,000,000 annual aggregate. 4.Workers'Compensation Insurance.Contractor shall maintain Workers' Compensation insurance to cover obligations imposed by Federal and State statutes having jurisdiction over Contractor's employees engaged in the performance of Work or Services under this Contract and shall also maintain Employers Liability Insurance of not less than $500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy limit. 5.Builder's Risk Insurance. Unless expressly waived by the Town Manager in a written addendum or amendment to this Contract, the Contractor shall be responsible for purchasing and maintaining insurance to protect the Project from perils of physical loss. The insurance shall provide for the full cost of replacement for the entire Project at the time of any loss. The insurance shall include as named insureds the Town,the Contractor,the Contractor's Subcontractors and sub-subcontractors and shall insure against loss from the perils of fire and all-risk coverage for physical loss or damage due to theft, vandalism, collapse, malicious mischief, transit, flood, earthquake, testing, resulting loss arising from defective design,negligent workmanship or defective material.The Contractor shall increase the coverage limits as necessary to reflect changes in the estimated replacement cost. C.Cancellation and Expiration Notice.Insurance required herein shall not expire, be canceled, or be materially changed without 30 days'prior written notice to the Town. 3.12 Performance Bond. The Contractor shall be required to furnish non-revocable security binding the Contractor to provide faithful performance of this Contract in the amount of one hundred percent (100%)of the total Contract Price payable to the Town.Performance security shall be in the form of a performance bond, certified check,cashier's check or irrevocable letter of credit. This security must be in the possession of the Engineer within seven days after execution of this Agreement by the Town.If the Contractor fails to execute and deliver the security instrument as required, the Contractor may be found in default and the Contract terminated by the Town. In case of default the Town reserves all rights. All performance bonds shall be executed in the form attached hereto as Exhibit L,duly executed by the Contractor as Principal and having as Surety thereon a Surety company approved by the Town and holding a Certificate of Authority to transact surety business in the State of Arizona by the Arizona Department of Insurance. Individual sureties are unacceptable. All Insurers and Sureties shall have, at the time of submission of the performance bond, an A.M.Best's Key Rating Guide of "A-"or better as currently listed in the most recent Best Key Guide, published by the A.M. Best Company. 3.13 Payment Bond. The Contractor shall be required to furnish non-revocable security for the protection of all persons supplying labor and material to the Contractoror any Subcontractorfor the performance of any Work related to this Contract. Payment security shall be in the amount of one hundred percent (100%)of the total Contract Price and be payable to the Town. Payment security shall be in the form of a payment bond, certified check,cashier's check or irrevocable letter of credit. This security must be in the possession of the Engineer within seven days after execution of this Agreement by the Town. If the Contractor fails to execute and deliver the security instrument as required, the Contractor may be found in default and the Contract terminated by the Town. In case of default the Town reserves all rights. All payment bonds shall be executed in the form attached hereto as Exhibit J, duly executed by the Contractor as Principal and having as Surety thereon a Surety company approved by the Town and holdinga Certificate of Authorityto transact surety business in the Stateof Arizonaby the Arizona Department of Insurance.Individual suretiesare unacceptable.All Insurers and Sureties shall have, at the time of submission of the payment bond, an A.M.Best's Key Rating Guide of "A-" or better as currentlylistedinthe most recent Best Key Guide, published by the A.M. Best Company. 2223503.1 15 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-102 3.14 Changes in the Work.The Town may,without invalidating this Contract,order changes in the Work consisting of additions, deletions or other revisions to the Contract and the Contract Price and the Contract Time shall be adjusted as provided below.The Contract Price and/or the Contract Time may only be changed by the Town's written approval authorizing said change,and said changes shallbe performed under the applicable conditions ofthe Contract.TheContractPriceshallbeadjustedasa resultofa changeinthe Workas follows: A.Additions.Whenthe Townincreasesthe scopeof the Work,Contractorwill perform the increasedwork pursuant to Contractor's unit prices set forth on the Price Sheet. B. Deletions. When the Town decreases the Work resulting in a decrease in Contractor's quantity ofthe Work,the Townshallbe allowed a decrease inthe Contract Price amounting to the quantity ofthe deleted Work multiplied by the Contractor's unit prices. C. Estimating. Whenever the Town is considering a change to the Work, Contractor shall promptly,and in any event within five business days, estimate the price of the contemplatedadditionalor deleted Work in good faith and as accurately as is then-feasible. The estimate shall show quantities of labor, materialand equipment and shall be pursuant to the rates set forth in the Contractor's Bid. 3.15 SubstantialCompletion. Whenthe Contractorconsidersthat the Workis Substantially Complete, the Engineer shall prepare and submit to the Contractor a comprehensive list of Punch List items, which the Contractor may edit and supplement. The Contractor shall proceed promptly to complete and correct Punch List items. Failureto includean item on the Punch List does not alter the responsibility of the Contractorto complete all Work in accordance with the Contract Documents. The Town shall determine when the Project and the Contractor's Work is substantially complete. "Substantial Completion" means construction has been completed in accordance with the Contract Documents to the extent that the Town can use or occupy the entire Project, or the designated portion of the Project, for the use intended without any outstanding, concurrent construction at the site, except as may be required to complete or correct Punch List items. A prerequisite for Substantial Completion, over and above the extent of construction completion required, is receipt by the Town of acceptable documentation that Contractor has successfully tested and demonstrated all systems for their intended use. The date of Substantial Completion shall be confirmed by a Certificate of Substantial Completion signed by the Town and Contractor. The Certificate of Substantial Completion signed by the Town and Contractor shall state the respective responsibilities of the Town and the Contractor for security,maintenance,utilities,damage to the Work and insurance. The Certificate of Substantial Completion shall also include the Punch List as created by the Contractor and modified by the Town and establish the time for completion and correction of all Punch List items.If the Town and the Contractor cannot agree as to the appropriate date of Substantial Completion,such issue shall be submitted for dispute resolution in accordance with the procedures set forth in Article III, Part B below. Notwithstanding such disagreement,the Contractor shall diligently proceed with completion of the Punch List items. 3.16 Final Completion.The Town shall determine when the Project and the Contractor's Work is finally completed. "Final Completion"means completion of the Project by the Contractor in accordance with the Contract Documents,certified to the Town by the Contractor.Final Completion shall be achieved only upon the Town's written acceptance of (A) the construction,(B) all testing, (C)demonstration by Contractor that the Work functions as required by the Contract Documents and meets all Contract requirements,(D)resolution of all outstanding system deficiencies and Punch List items, if any, (E) delivery of all as-built documentation,drawings, completed record documents (with revisions made after Substantial Completion),annotated submittals and design document deliverables,(F)submittal,acceptance,and delivery of the one hundred percent (100%)complete O&M manuals, (G) delivery of warranties, inspection certificates, bonds and all other required documents, (H) all pre requisites for final payment and (I) submittal of Contractor's request for final payment and acceptance enclosing all required documentation. Upon Final Completion the Engineer shall issue a Certificate of Final Completion to the Contractor on behalf of the Town.Following receipt of payment from the Town, the Contractor shall make all payments due to the Subcontractors. 2223503.1 16 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-102 3.17 Paymentsto Contractor.Compensationfor all Worknecessaryforthe completionof the Project shall be included by the Bidder in the price bid for the items shown in the Bid. Only those items listed in the Bid are pay items. Payment shall be conditioned upon Contractor's compliance with the payment terms and conditions set forth below. Contractor expressly acknowledges and agrees that (A) the Contract Price is an estimated amount based upon an engineer's estimate of the quantities of the Materials deemed necessary to perform theWorkand(B)the amount ofany payment to bemade pursuant tothis Contract shallbe determined by the field-measured quantitiesof Materialsactuallyinstalledby Contractor. Materialor equipmentdeliveredto the Projectbyoron behalfof Contractorshallnot constitutematerialor equipmentfurnishedinthe performance ofthe Work until same has been incorporated into the improvements constituting the Project. Payment shall not constituteacceptance by the Town or evidence thereof of any Work performed. A.Progress Payments. 1. On or before the 15th day of each month after construction has commenced,the Contractor shall submit to the Town an application for payment consisting of the cost of the Work performed up to the end of the prior month, including the cost of material stored on the site or at other locationsapproved by the Town. The application shall be deemed approved and certified for payment seven days after it is submitted unless before that time the Town prepares and issues a specific written finding setting forth those items in detail that are not approved for payment under the Contract. Prior to submission of the next application for payment, the Contractor shall make available at the request of the Town a statement accounting for the disbursement of funds received under the previous application for purposes of audit. The extent of such statement shall be as agreed upon between the Town and Contractor. 2. Within 14 days after approval of each monthly application for payment, the Town shall pay directly to the Contractor the appropriate amount for which application for payment is made, less amounts (a) previously paid by the Town, (b) sufficient to pay expenses the Town reasonably expects to incur in correcting deficiencies which are set forth in writing and provided to the Contractor and (c) any retainage as set forth in subsection 3.17(B)below. 3. The Town's progress payment,occupancy or use of the Project,whether in whole or in part, shall not be deemed as acceptance of any Work not conforming to the requirements of this Contract. 4. Upon Substantial Completion of the Work, the Town shall pay the Contractor the unpaid balance of the cost of the Work, less a sum equal to the Contractor's estimated cost of completing any unfinished items as agreed to between the Town and the Contractor as to extent and time for Final Completion. The Town thereafter shall pay the Contractor monthly the amount retained for unfinished items as each item is completed. B.Retainage.With respect to the Work, the Town shall retain ten percent (10%)of the amount of each estimate until Final Completion and acceptance of all Material, equipment and Work covered by this Contract. 1. Any securities submitted by Contractor in lieu of retainage as may be allowed by law, shall be deposited in an escrow account by the Town. The Town shall be listed as payee or multiple payees with Contractor on all such securities. 2. When the Work is fifty percent (50%)completed,one-half of the amount retained including any securities substituted pursuant to subsection 3.17 (B)(1) shall be paid to the Contractor upon the Contractor's request, provided the Contractor is making satisfactory progress on the Work and there is no specific cause or claim requiring a greater amount to be retained. After the construction Work is fifty percent (50%) completed, no more than five percent (5%)of the amount of any subsequent progress payments made under this Contract may be retained, provided the Contractor is making satisfactory 2223503.1 17 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-102 progress on the Project. If, at any time, the Town determines satisfactoiy progress is not being made, ten percent (10%)retention shall be reinstated for all progress payments made under this Contract after the determination. C.Payment for On-site and Off-site Stored Materials.Payment shall be made on account of Materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. Payment may similarly be made for Materials and equipment suitably stored off the site, conditioned upon the Contractor furnishing evidence to the Town that (1) title to the Materials and equipment will pass to the Town upon payment therefore, (2) the Materials and equipment are adequately safeguarded and insured, including during transit from the off-site location to the Project site and (3) such other matters as the Town may reasonably request in order to protect its interests. With the prior, written approval of the Town,Contractor may advance order the bulk delivery of Materials to be incorporated into the Work over the course of this Contract. Upon delivery and receipt of supplier invoice, the Town shall pay for the bulk delivery, either directly to the Contractor or to the vendor or by joint check to Contractor and vendor, and shall receive a full release for the amount paid from vendor and Contractor.Contractor agrees to assume full responsibility for the safekeeping of all such Materials and shall guarantee to the Town that such Materials shall remain safe from theft or damage from any and all causes (unless caused by the sole negligence of the Town).Contractor shall immediately replace, repair or restore said Materials to their original condition so as to not cause any delay in the Work, and Contractor shall indemnify and hold harmless the Town for, from and against any and all loss, cost, liability or expense resulting from any loss or damage to any of the Materials described herein from any cause unless due to the Town's sole negligence. Should the Town have reason to believe Contractor is not properly safeguarding any of the Materials,the Town shall have the right, but not the affirmative duty, to immediately take such steps as it deems necessary to do so,including removing Contractor from the job, replacing any Materials or expending any sums to properly carry out Contractor's responsibility hereunder, and any amounts so expended shall be billed back to Contractor or deducted from any sums then or thereafter due to Contractor.Contractor shall fully insure all Materials stored on site as required by the Town, and if such insurance is not obtained due to a lack of insurable interest, the Town shall have the right to obtain such insurance and charge the amount thereof back to Contractor or deduct said amount from any funds then or thereafter due to Contractor. D. Title to Construction Work.The Contractor warrants that title to all Work covered by an application for payment shall pass to the Town no later than the time of payment. The Contractor further warrants that upon submittal of an application for payment, all Work for which applications for payment have been previously issued and payments received from the Town shall be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor,Subcontractors,material suppliers, or other persons or entities making a claim by reason of having provided labor, Materials and equipment relating to the Work. E.Final Payment. 1. Final payment, consisting of the unpaid balance of the cost of the Work shall be due and payableat Final Completionand acceptance by the Town. Before issuance of final payment,the Townmay request satisfactory evidence that all payrolls, Materials bills and other indebtednessconnected with the Work have been paid or otherwise satisfied. 2.Simultaneously with Contractor's request for final payment,Contractor shall submit the following items to the Town Representative: a.Red-line construction record drawings. b.Warranties. c. Two sets of documentation completely covering the operation and maintenance of the mechanical and electrical installation and all other equipment.The 2223503.1 18 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-102 documentation shall include charts, diagrams, performance curves, catalog information, lubrication manuals,and details pertaining to the functioning of various items of equipment. The documentation shall be divided logicallyinto "systems" on the basis of operation,without respect to trades,subcontractors or arbitrary specifications sections. The relationship of the "systems"shall be clearly and concisely detailed. d.Affidavit Regarding Settlement of Claims. e. Other items reasonably required by the Town Representative. 3. In making final paymentthe Town waives all claims except for: a.Outstanding liens. b. Improper workmanship or defective Materials. c. Work not in conformance withthis Contract or Work not completed. d. Terms of any special warranties required by this Contract. e. Delivery to Town of all warranties, operation and maintenance manuals, "AS-BUILT"record drawings and other documents as required by this Contract. f. Right to audit Contractor records for a period of three years. g. Claims previously made in writing and which remain unsettled. 4.Acceptance of final payment by the Contractor shall constitute a waiver of affirmative claims by the Contractor, except those previously made in writing and identified as unsettled at the time of final payment. F.Warranty.Contractor or its assignee shall give to the Town a one-year warranty against deficiencies in material and workmanship for all Work on the Project or other such warranty as required by the Town Engineer, which warranty shall begin on the date that the Town accepts the Work as provided in this Section. Any material deficiencies in material or workmanship identified by Town staff during the one-year warranty period shall be brought to the attention of the Contractor or its assignee that provided the warranty, which shall promptly remedy or cause to be remedied such deficiencies to the reasonable satisfaction of the Town Engineer.Continuing material deficiencies in a particular portion of the Work shall be sufficient grounds for the Town to require (1) an extension of the warranty for an additional one-year period and (2) the proper repair of or the removal and reinstallation of, that portion of the Work that is subject to such continuing deficiencies.Regardless of whether the applicable warranty period has expired,the Contractor agrees to repair any damage to the Work caused by Contractor's construction activities on the Property.Nothing contained herein shall prevent the Town or Contractor from seeking recourse against any other third party for damage to the Work caused by such third party. 3.18 Offset. A.Offset for Damages.In addition to all other remedies at law or equity,the Town may offset from any money due to the Contractor any amounts Contractor owes to the Town for damages resulting from breach or deficiencies in performance or breach of any obligation under this Contract. B.Offset for Delinquent Fees or Taxes. The Town may offset from any money due to the Contractor any amounts Contractor owes to the Town for delinquent fees,transaction privilege taxes and property taxes,including any interest or penalties. 2223503.1 19 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-102 PART B -PERFORMANCE OF THE WORK 3.19 Project Videotape. The Contractor shall produce and provide a project videotape to the Engineer as required by MAG Supplement Section 105.5.3. All costs associated with the Project videotape produced in accordance with this Section shall be deemed incidental. 3.20 Soil and Subsurface Conditions. In addition to conformance to MAG Specifications, Section 102.4 (Examination of Plans,Special Provisions and Site Work), the Contractor shall make its own determinations as to the soil and subsurface conditions, including rock, caliche and ground water and shall complete the Work in whatever material and under whatever conditions may be encountered or created,without extra cost to the Town pursuant to the provisions of the MAG Supplement Section 102.4.1. 3.21 Work Scheduling. Time is of the essence for this Contract.Contractor shall provide the Engineer with any requested scheduling information and a proposed schedule for performance of the Work within the Contract Time in a form acceptable to the Engineer and approved by the Engineer,in his sole and absolute discretion,providing for commencement and completion of the Work (the "Schedule").The Schedule shall include the date for Substantial Completion of the Work. The Engineer may revise the Schedule during the course of the Work. Contractor, to induce the Town to enter into this Contract, has and does hereby agree to fully perform and complete the Work for the Contract Price within the Schedule. 3.22 Contractor's Representative.The Contractor or his authorized representative shall be present at the Work site at all times during working hours.Instructions and information provided by the Engineer to the Contractor's representative shall be considered as having been given to the Contractor,per MAG Supplement Section 105.5.2. 3.23 Prosecution of the Work. The Contractor shall prosecute the Work so that the portion of the Work completed at any point in time shall be not less than as required by the Schedule.If the delay is an Inexcusable Delay, as defined below, the Contractor shall prepare a recovery schedule for the Engineer's review and approval, showing how the Contractor will compensate for the delays and achieve Substantial Completion by the date(s) shown on the Schedule.If the Contractor is unable to demonstrate how it will overcome Inexcusable Delays, the Engineer may order the Contractor to employ such extraordinary measures as are necessary to bring the Work into conformity with the Substantial Completion date(s) set forth therein, the costs of which shall be included as part of the Cost of the Work. If the delay is an Excusable Delay, as defined below, the Engineer shall either (A) authorize an equitable extension in the Schedule to account for such delay, and equitably adjust the contract sum on account of such delay or (B) request that the Contractor prepare a recovery schedule showing how (if possible) the Contractor can achieve Substantial Completion by the applicable date shown on the Schedule, and equitably adjust the Contract Price in accordance with the provisions of this Contract on account of any extraordinary activities required of the Contractor on account of such recovery schedule. 3.24 Extensions of Time. A.Allowable Extensions.An extension in the scheduled date of Substantial Completion will only be granted in the event of Excusable Delays affecting the Schedule for the Work. The Contractor shall be entitled to general condition costs and extra costs related to the Excusable Delay for idle labor, equipment inefficiency and lost productivity of the performance of the Work. The Contractor must submit evidence reasonably satisfactory to the Town substantiating such costs. Such adjustment to the Price and Substantial Completiondate shall be issued in a Change Order or Contract amendment, as applicable. B. Excusable Delay. To the extent any of the following events results in an actual delay in the Work, such shall constitute an "Excusable Delay" (to the extent not set forth below, a delay will be considered an "Inexcusable Delay"): 1.Delays resulting from Force Majeure. 2223503.1 20 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-102 2.Differing,unusual or concealed site conditions that could not reasonably have been anticipated bythe Contractor in preparing the Schedule,including,without limitation,archaeological finds and unusual soil conditions (including rock or other geological conditions),underground foundations,abandoned utility lines and water conditions. 3. Delays resulting from the existence or discovery of Hazardous Materials on the Site not brought to the Site by the Contractor. 4. Delays resulting from changes in Applicable Laws occurring after the date of execution of this Contract. 5.Delays occurring due to the acts or omissions of the Town and those within the control of the Town. 6. Delays occurring due to the acts or omissions of a utility, so long as Contractor has coordinated with the utility causing the delay and the delay occurs despite reasonable steps taken by Contractor to avoid the delay. 7. Delays resulting from weather conditions that make it unreasonable to perform the Work in accordance with the Schedule;provided,however,that Contractor's Schedule shall be deemed to include 14 days for weather delays (the "Expected Delay Days"), regardless of whether such weather delays are specifically set forth in the Schedule.Contractor shall notify the Town within 24 hours in writing of a weather related delay. If Contractor fails to give the required 24-hour notice, no such weather delay will be subtracted from the Expected Delay Days.Weather delays shall not be deemed "Excusable" unless all of the Expected Delay Days have been exhausted. 8. Delays resulting from Additional Work (defined below) that cannot be performed concurrently with the Work on the Schedule. C.Required Notice. In order to obtain an extension of time due to an Excusable Delay, the Contractor shall comply with the following requirements. The Contractor shall notify the Engineer in writing of the Excusable Delay as soon as practicable,but in no event more than seven Days after the Contractor becomes aware of the occurrence of the Excusable Delay. Such notice shall describe the Excusable Delay and shall state the approximate number of Days the Contractor expects to be delayed.After the cessation of the Excusable Delay, the Contractor shall notify the Engineer of the number of Days the Contractor believes that its activities were in fact delayed by the Excusable Delay. In the event that the delay arises as a result of a Change Order request by the Town, the request for an extension of time contained in the resulting Change Order proposal shall be deemed sufficient for purposes of this subsection. D.Determination.Within ten days after cessation of an event giving rise to either an Excusable Delay or Inexcusable Delay, the parties will use good faith efforts to agree on the extent to which the Work has been delayed and whether the delay is an Excusable Delay or an Inexcusable Delay. In the absence of agreement between the parties as to the then-current status of Excusable Delays and Inexcusable Delays, the Engineer will provide the Contractor with written notice of Engineer's determination of the respective number of Days of Excusable Delay and/or Inexcusable Delay. The Engineer's determination may be issued at such time as the Engineer deems reasonable, but not later than ten Days after receipt by the Engineer of the Contractor's written request for such determination. The Contractor shall not, however, deem an issuance by the Engineer of such a determination to be a concurrence of the matters set forth in the Contractor's request. The Contractor may invoke the dispute resolution procedures set forth in Part D below with respect to such determination. E.Concurrent Delay.To the extent the Contractor is entitled to an extension of time due to an Excusable Delay, but the performance of the Work would have been suspended, delayed or interrupted by the 2223503.1 21 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-102 fault or neglect of the Contractor or by an Inexcusable Delay, the Contractor shall not be entitled to any additional costs for the period of such concurrency. 3.25 Liquidated Damages. It is expressly understood that should Contractor fail to complete the Work covered hereby within the Contract Time, the Contractor agrees to pay and shall pay to the Town upon request therefore for each calendar day of delay beyond the original or revised scheduled time of completion of Contractor's Work as liquidated damages, and not as a penalty, in the amount per day as set forth in MAG Specifications for each calendar day of delay. A.Prior to Termination.If the Contract is not terminated,the Contractor shall continue performance and be liable to the Town for the liquidated damages until the Work is complete. B. After Termination.In the event the Town exercises its right of termination, the Contractor shall be liable to the Town for any excess costs and, in addition,for liquidated damages until such time as the Town may reasonably obtain delivery or performance of similar Services. 3.26 Suspension by the Town for Convenience. A.Town Determination.The Town may order the Contractor in writing to suspend,delay or interrupt all or any part of the Work without cause for such period of time as the Town may determine to be appropriate for its convenience. B.Contract Adjustments.Adjustments caused by suspension,delay or interruption shall be made for increases in the applicable contract sum and/or the date(s)of Substantial Completion.No adjustment shall be made if the Contractor is or otherwise would have been responsible for the suspension,delay or interruption of the Work, or if another provision of this Contract is applied to render an equitable adjustment. 3.27 Termination by the Town for Convenience.The Town may, upon 30 days'written notice to the Contractor, terminate this Contract, in whole or in part, for the convenience of the Town without prejudice to any right or remedy otherwise available to the Town. Upon receipt of such notice, the Contractor shall immediately discontinue all Services affected unless such notice directs otherwise.In the event of a termination for convenience of the Town, the Contractor's sole and exclusive right and remedy shall be payment for all Work performedthrough the date of termination. The Contractor shall not be entitled to be paid any amount as profit for unperformed Services or consideration for the Town's termination by convenience. 3.28 Termination by the Town for Cause. A. Default; Cure. If the Contractor refuses or fails to supply sufficient properly skilled staff or properMaterials,or disregards laws, ordinances, rules, regulations,or orders of any public authorityjurisdiction, or otherwise substantially violates or materially breaches any term or provision of this Contract, and such nonperformance or violationcontinueswithoutcurefor 15 days afterthe Contractorreceiveswrittennoticeof such nonperformance or violation from the Town, then the Town may, without prejudice to any right or remedy otherwise available to the Town,terminate this Contract. B. Substitute Performance. Upon termination of this Contract by the Town, the Town shall be entitled to furnish or have furnished the Services to be performed hereunder by the Contractor by whatever method the Town may deem expedient. Also, in such case, the Contractor shall not be entitled to receive any further payment until completionof the Work, and the total compensationto the Contractor under this Contract shall be the amountthat is equitable underthe circumstances. If the Town and the Contractorare unableto agree on the amount to be paid under the foregoing sentence, the Town shall fix an amount, if any, that it deems appropriate in consideration of all of the circumstances surrounding such termination,and shall make payment accordingly.TheContractormaydisputethe Town's assessmentofthe termination amountpursuanttothedispute resolution process set forth in in Part D of this Contract. 2223503.1 22 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-102 C.Contractor Insolvency. Upon the appointment of a receiver for the Contractor, or if the Contractor makes a general assignment for the benefit of creditors, the Town may terminate this Contract, without prejudiceto any right or remedy otherwise available to the Town, upon giving three business days' written notice to the Contractor. If an order for relief is entered under the bankruptcy code with respect to the Contractor, the Town may terminate this Contract by giving three business days' written notice to the Contractor unless the Contractor or the trustee completes all of the following: 1.Promptly cures all breaches within such three-day period. 2. Provides adequate assurances of future performance. 3.Compensates the Town for actual pecuniary loss resulting from such breaches. 4.Assumes the obligations of the Contractor within the established time limits. 3.29 Contract Subject to Appropriation.The Town is obligated only to pay its obligations set forth in the Agreement as may lawfully be made from funds appropriated and budgeted for that purpose during the Town's then current fiscal year. The Town's obligations under this Agreement are current expenses subject to the "budget law" and the unfettered legislative discretion of the Town concerning budgeted purposes and appropriation of funds.Should the Town elect not to appropriate and budget funds to pay its Agreement obligations,this Agreement shall be deemed terminated at the end of the then-current fiscal year term for which such funds were appropriated and budgeted for such purpose and the Town shall be relieved of any subsequent obligation under this Agreement.The parties agree that the Town has no obligation or duty of good faith to budget or appropriate the payment of the Town's obligations set forth in this Agreement in any budget in any fiscal year other than the fiscal year in which the 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. 3.30 Additional Work.Materials and/or Overtime.Contractor expressly agrees that if overtime or additional workers or materials are necessary to meet the Schedule, that such overtime will be performed or additional workers or materials will be procured by the Contractor,and the additional expense thereof shall be borne by Contractor unless the delay requiring overtime was directly caused by the Town, in which event Contractor shall be entitled to compensation for such overtime Work. If the Town requests Contractor to perform additional Work in connection with the Project ("Additional Work"),Contractor shall charge the Town a negotiated fixed amount for the Additional Work. In the event a fixed amount cannot be negotiated, Contractor shall invoice the Town on a time and materials basis for the Additional Work at the unit prices set forth in the price sheet. 3.31 No Damage for Delay or Additional Work by the Town.Contractor shall adjust its operations to conform to any progress schedule changes and hereby waives and releases the Town from any liability for damagesor expensesthat may be caused to or sustainedby Contractorby reason of such changes or by reason of delays in the Work, whether caused in whole or in part by conduct on the part of the Town, includingwithout limitation, any breach of this Contract or delays by other contractors or Subcontractors. Contractor's exclusive remedyin event of delay or Additional Workbythe Town shall be an extension of time hereunderto completethe Work. 3.32 Risk of Loss.Contractor shall assume the risk of loss occasioned by fire, theft or other damage to Materials,machinery,apparatus,tools and equipmentrelatingto the Work priorto actual installationin finalplace on the Project and acceptance by the Town. Contractor shall be responsible for damage to the Materials, 2223503.1 23 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-102 machinery,apparatus,tools, equipmentand propertyof the Town and other contractorsresultingfromthe acts or omissions of its Subcontractors,employees, agents,representatives Subcontractors,and for payment of the full costs of repair or replacement of any said damage. 3.33 Protection of Finished or Partially Finished Work. The Contractor shall properly guard and protect all finished or partially finished Work and shall be responsible for the same until the entire Contract is completed and accepted by the Engineer. The Contractor shall turn over the entire Work in full accordance with this Contract before final settlement shall be made. 3.34 Character and Status of Workers. Only skilled foremen and workers shall be employed on portions of the Work requiring special qualifications. When required by the Engineer, the Contractor shall discharge any person who is, in the opinion of the Engineer, disorderly, dangerous, insubordinate, incompetent or otherwise objectionable. The Contractor shall indemnify and hold harmless the Town from and against damages or claims for compensation that may occur in the enforcement of this Section. The Contractor shall be responsible for ensuring the legal working status of its employees and its Subcontractor's employees. The Contractor agrees that once assigned to Work under this Contract, key personnel shall not be removed or replaced without written notice to the Town. If key personnel are not available for Work under this Contract for a continuous period exceeding 30 Days, or are expected to devote substantially less effort to the Work than initially anticipated, the Contractor shall immediately notify the Town and shall, subject to the concurrence of the Town, replace such personnel with personnel of substantially equal ability and qualifications. 3.35 Work Methods.The methods,equipment and appliances used on the Work shall be such as will produce a satisfactory quality of Work, and shall be adequate to complete the Contract within the Contract Time. Except as is otherwise specified in this Contract,the Contractor's procedure and methods of construction may, in general, be of its own choosing, provided such methods (A) follow best general practice and (B) are calculated to secure results which will satisfy the requirements of this Contract. The Work covered by this Contract shall be carefully laid out in advance and performed in a manner to minimize interference with normal operation and utilization of the Town's right-of-way.The Contractor shall exercise caution during the course of this Work to avoid damage to all known existing or possible unknown existing underground utilities. It shall conduct its operations in such a manner as to avoid injury to its personnel and to avoid damage to all utilities. Any damage done will be repaired without delay and at the expense of the Contractor. 3.36 Safety Fencing Requirement for Trenches and Excavations.The Contractor shall provide safety construction fencing around all open trenches and excavations during all non-working hours. In addition, the Contractor shall provide safety fencing around the Project site during working hours in order to ensure public safety. The Contractor shall provide for the safety and welfare of the general public by adequately fencing all excavations and trenches that are permitted by the Engineer to remain open when construction is not in progress. Fencing shall be securely anchored to approved steel posts located not less than six feet on center, having a minimum height of six feet, and shall consist of wire mesh fabric of sufficient weight and rigidity to adequately span a maximum supporting post separation of six feet. The fencing, when installed about the periphery of excavations and trenches, shall form an effective barrier against intrusion by the general public into areas of construction. The Contractor,at all times when construction is not in progress, shall be responsible for maintaining the fencing in good repair, and upon notification by the Engineer, shall take immediate action to rectify any deficiency. Prior to the start of any excavation or trenching required for the execution of the proposed Work, the Contractor shall submit to the Engineer for approval, detailed plans showing types of materials and methods of fabricationfor the protective fencing. There will be no separate measurement or payment for furnishing, installing, or maintaining protective fencing. The cost shall be considered incidental to the cost of any other structures for which trenching is necessary. 3.37 Plans and Shop Drawings, Samples and Substitution of Materials. All submittalsshall conformto MAG Specifications,Section 105.2(Plansand Drawings)as modifiedby the MAG Supplement.Contractorshall furnish, within three business days following request therefore by the Town, detailed drawings of the Work, 2223503.1 24 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-102 samples of Materials and other submittals required for the performance or coordination of the Work. Substitutions shall be equal or superior to Materials specified in the Contract Documents,shall be clearly identified on submittals as "proposed substitutions" and shall be approved by the Town in accordance with Section 2.4 above. Contractor shall be fully responsible for the adequacy, completeness and promptness of all such submittals. Materials shall not be furnished to the jobsite unless same is in strict compliance with the Specifications or otherwise approved in writing by the Town. Approval by the Town shall not relieve Contractor of full responsibility for compliance with scope, intent and performance in accordance with this Contract. 3.38 Utilities. A.Cooperation.The Contractorshall comply with the requirementsof MAG Specifications 105.6,as modified by the MAG Supplement. B.Utilities Shown on the Plans. 1.Regardless of what utilities are shown on the plans, it shall be Contractor's responsibility to verify these locations and any additional lines which may exist through consulting with the Town,utility companies and "Blue Stake." 2.Existing utilities are indicated on Project plans in accordance with the best information available.Contractor shall notify all owners of utilities when its Work is in progress and shall make such arrangements as are necessary to make any emergency repair to any utility, in a manner satisfactory to the Town of a damaged utility line,including individual or house service utility lines. 3. No extra compensation will be made for the repair of any individual or house service utility or utility lines damaged by Contractor's labor forces or equipment,nor for any damage incurred through neglect or failure to provide protective barriers,lights and other devices or means required to protect such existing utilities. 4.Contractor shall expose all sanitary and storm sewers,water, gas,electric, telephone utility lines, and other underground structures that might interfere with the Work, in order to permit survey location prior to construction. 5.Contractor shall assume full responsibility for damages to any underground facility/utility properly shown on the Plans or properly located by the Utility owner,as a result of failing to obtain information as to its location,failing to excavate in a careful and prudent manner (as defined in MAG Specifications),or failing to take measures for protection of the facilities/utilities.The Contractor is liable to the owner of the underground facility/utility for the total cost of the repair. C.Utilities Not Shown on the Plans. 1.If utility lines are encountered that are not shown on the plans, and not located, or incorrectly located by the utility owner, other than individual or house service utility lines, and these lines are damaged or work is required to clear same, then MAG Specifications, Section 109.8and ARIZ. REV. STAT.§ 40-360.21 et seq. shall apply. 2. The work necessary for the raising,lowering,or relocating of any such utility shall be at the utility owner's expense. The necessary Work may be done by the utility owner or by Contractor,or as a collaborative effort, at the option of the utility owner. All Work shall be in accordance with the standards of the Town and the utility owner. 2223503.1 25 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-102 3. In most cases, individual or house service utility lines are not shown on the Plans. It shallbe Contractor's responsibility to locateand protectthese individual or house services.If, dueto Contractor's operations,anyof theselinesare damaged,it shallrepairor replace these lines ina manner satisfactory to the owner of the utility at no extra cost to the Town. In addition, the cost of location,protection,and workingaroundthese individual or houseserviceutilitylinesshallbe included in Contractor's bid for the Work under this Contract. 3.39 Sampling and Testing.Sampling and testing shall conform to the requirements of the MAG Specifications,Section 106,as modified bythe MAG Supplement.The Contractor shall obtain an independent laboratory or testing company andpayall costs of testing required bythe Contract Documents,including testing required by MAG,the Specifications,the Townandotherjurisdictional bodies.A copyofalltest resultsshallbe furnished tothe Engineer ina summary report submitted at the subsequent construction progress meeting (time and date to be set upon Contract award) for tests performed.At Substantial Completion,the Contractorshall submit a final test report containing all test results which certifies the Work complies withthe Specifications. This report shall be sealed bya professional engineer registered inthe Stateof Arizona whowas responsible for overseeing the testing and sampling. 3.40 Cooperation between Contractors. The Contractor shall comply with the requirements of MAG Specifications,Section 105.7,as modifiedby the MAG Supplement. 3.41 Outdoor Construction Time Restrictions.Unless otherwise permitted by the Engineer, construction will be restricted as listed in the following table: May 15 -September 15 September 16 -May 14 5:30 a.m. to 6:30 p.m.6:00 a.m. to 6:30 p.m. Construction Work shall not begin Work prior to 7:00 a.m. and shall stop by 5:00 p.m. on Saturdays. There shall be no Construction Work on Sundays and all Town, State and Federal holidays. 3.42 Construction Survey. Construction survey and as-built record drawings shall conform to the requirements of the MAG Specifications, Section 105.8 (Construction Stakes, Lines and Grades), as modified by the MAG Supplement. Contractor shall provide and pay for all building layout staking, including elevations and all other Project staking.Replacement of construction stakes that have been knocked out due to Contractor's Work or lack of Work,weather conditions,traffic,vandalism or utility contractors will be done at Contractor's expense. 3.43 Survey Control Points. Existing survey markers (either brass caps or iron pipes) shall be protected by the Contractor or removed and replaced under direct supervision of the Engineer. Survey monuments shall be constructed to the requirements of MAG Specifications,Section 405. Lot corners shall not be disturbed without knowledge and consent of the property owner. The Contractor shall replace benchmarks,monuments or lot corners moved or destroyed during construction at no expense to the Town.Contractor and its sureties shall be liable for correct replacement of disturbed survey benchmarks except where the Town elects to replace survey benchmarks using its own forces. 3.44 Stockpile of Materials. A.Engineer Approval.The Contractor may,if approved by the Engineer,place or stockpile Materials in the public right-of-way provided such Materials do not prevent access to adjacent properties or prevent compliance with traffic regulations.An encroachment permit shall be required. Any applicable cost shall be paid by the Contractor and shall be presumed to be part of the Contractor's bid. 2223503.1 26 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-102 B. No Traffic Interference.Traffic shallnot be required to travelover stockpiled Materials and proper dust control shall be maintained. 3.45 Excess Materials.When excavations are made, resultant loose earth shall be (A)utilized for filling by compacting in place or(B)disposed of off-site.Excess or unsuitable material,broken asphaltic concrete and broken portland cement concrete excavated from the right-of-way shall be removed from the Project Siteand disposed ofbythe Contractor.Waste material shall notbe placed on private property without express permission of the property owner. The Contractor shall, at all times, keep the premises free from accumulation of waste materials or rubbish caused by its operations. At the completion of the Work, Contractor shall remove all equipment,tools and surplus materials,and shall completely clean the premises,removing and disposing of all debris and rubbish and cleaning all stains,spots,marks,dirt,smears orother blemishes.When the Work premises areturnedoverto the Town,they shall be thoroughly clean and ready for immediate use.Clean-up shallinclude removal of all excess pointing mortar materials within pipes and removal of oversized rocks and bouldersleft after finish grading.TheContractorshall providefor the legal disposal of all waste productsand debrisand shallmake necessary arrangements for such disposal. 3.46 Dust Control and Water.Contractor shall implement dust control measures in accordance with MAG Specifications,Section 104.1,and the MAG Supplement.Installation and removalof fire hydrant meters shouldbe scheduled at leastthree businessdaysinadvancethroughthe ChaparralCityWater Company.Watering shall conform to the provisions of MAG Specifications, Section 225. A deposit and installation fee in amounts set forth in the Chaparral City Water Company's fee schedule is required for each meter. The cost of the water is at the prevailing rate. 3.47 Storm Water.Contractor shall obtain all local, county, state and federal storm water permits. 3.48 Temporary Sanitary Facilities. The Contractor shall provide ample toilet facilities with proper enclosures for the use of workers employed on the Work site. Toilet facilities shall be installed and maintained in conformitywith all applicable State and local laws, codes, regulationsand ordinances and shall be properly lit and ventilated, and kept clean at all times. Adequate and satisfactory drinking water shall be provided at all times and under no circumstances and under no conditions will the use of common cups be permitted. The Contractor must supply sanitary drinking cups for the benefit of all employees. 3.49 Electric Power,Water and Telephone.Unless otherwise specified,the Contractor shall make its own arrangements for electric power, water and telephone as needed. Subject to the convenience of the utility, it may be permitted to connect to existing facilities where available,but Contractor shall meter and bear the cost of such power or water, and installation and disconnect of such power, water and telephone services. 3.50 Energized Aerial Electrical Power Lines. Utility companies may maintain energized aerial electrical power lines in the immediate vicinity of this Project.Contractor shall not presume any such lines to be insulated.Construction personnel working in proximity to these lines may be exposed to an extreme hazard from electrical shock.Contractor shall ensure that its employees and all other construction personnel working on this Project are warned of the danger and instructed to take adequate protective measures,including maintaining a minimum ten feet of clearance between the lines and all construction equipment and personnel,(see:OSHA Std. 1926.550 (a)15,as amended).As an additional safety precaution,Contractor shall call the affected utility companies to arrange,if possible,to have these lines de-energized or relocated when the Work reaches their immediate vicinity. The cost of such temporary arrangements shall be borne by the Contractor.Contractor shall account for the time necessary to cause such utility disconnection in the preparation of its Bid.Electrical utility companies may maintain energized underground electrical power lines in the immediate vicinity of this Project. These power lines represent an extreme hazard of electrical shock to any construction personnel or equipment coming in contact with them.Arizona law requires all parties planning excavations in public rights-of-way to contact all utility firms for locations of their underground facilities.Contractor shall ensure that its employees and 2223503.1 27 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-102 all other personnel working near any underground power lines must be warned to take adequate protective measure,(see:OSHA Std.1926-651 (A), as amended). 3.51 Site Clean Up. Contractor shall at all times, but not less than daily unless otherwiseagreed by Town Representative, keep the premises on which the Work is being performed clean and free from accumulation of any waste materials,trash, debris and excess dirt, and at all times shall remove Contractor's implements, machinery, tools, apparatus and equipment from the jobsite when not needed on the jobsite. Should the Town Representative finditnecessaryin his/heropinionto employhelpto clean up,removeor storeany ofthe foregoing due to failure of Contractor to do so, the expense thereof shall be charged to Contractor. Verbal notice from the Town Representative on clean-up or removal is considered adequate notice hereunder, and failure to conform with his/her request within 24 hours thereof will be construed as a breach of this Contract by the Contractor and such charges will be made against Contractor's account as are necessary to accomplish the clean-up or removal. The cost of cleanup, removal or storage by the Town,if not deducted by the Town from monies due Contractor, shall be paid by Contractor within five business days of written demand by the Town. 3.52 Use of the Site.Contractor shall at all times comply fully with all laws, orders, citations, rules, regulations, standards and statutes with respect to occupational health and safety, the handling and storage of hazardous materials, accident prevention and safety equipment and practices, including any accident prevention and safety program of the Town; provided, however, that the Town shall not be required to impose any safety requirements or administer any such programs and the review or requirement of any safety plan by the Town shall not be deemed to release Contractor or in any way diminish its liability, by way of indemnity or otherwise, as assumed by it under this Contract.Contractor shall conduct inspections regularly to determine that safe working conditions and equipment exist and accepts sole responsibility for providing a safe place to Work for its employees and employees of its Subcontractors,laborers, suppliers of material and equipment and any other person visiting the Site, for adequacy of and required use of all safety equipment and for compliance herewith. When so ordered, Contractor shall stop any part of the Work that the Town deems unsafe until corrective measures satisfactory to the Town have been taken.Should Contractor neglect to adopt such corrective measures,the Town may do so and deduct the cost from payments due Contractor.Contractor shall timely submit copies of all accident or injury reports to the Town. 3.53 Public Information and Notification.The Contractor shall submit a public information and notification plan for this Project (the "Notification Plan") to the Town Representative at the first pre-construction meeting held prior to start of construction.The Notification Plan shall include, at a minimum,the items set forth in this Section 3.53; provided, however, that the Engineer may waive any portion of the requirements of this Section upon a written determination that the Project scope does not warrant such notification.Contractor shall provide Project information to affected residents and homeowners'associations prior to and throughout the Project's duration.The Contractor shall use the Notification Plan to inform the local citizens,businesses and Town officials, not less than five business days in advance,of (A) necessary operations that create high noise levels, (B) street closures, (C) detour locations, (D) haul routes and material delivery routes and (E) disruption of bus routes, mail routes and other delivery/pick-up routes. A.Neighborhood Notification.Prior to the start of any Work on the Project, the Contractor shall distributea preliminary"Dear Neighbor" letter (8-1/2" x 11"), as submitted to and subject to the approval of the Engineer, to all businesses, property owners and residents within 600 feet of any portion of this Project. This "Dear Neighbor" letter shall include, at a minimum, the following information: 1.Contractor's name, business telephone number and the 24-hour "Hot Line" telephone number for this Project. 2.Name of Contractor's Project Manager. 3.Name of Contractor's Project Superintendent. 2223503.1 28 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-102 4.Brief description of the Project. 5.Construction schedule, including anticipated Work hours. 6. Anticipated lane restrictions, including the expected duration thereof. 7. Name of Town's Project Manager. 8.Name of the Engineer. The Town Manager or authorized designee shall provide the Contractor with a distribution list for this "Dear Neighbor"letter. Contractorshall (1) ensurethat the letteris distributedto all personsand businessesindicatedon the list provided by the Town Manageror authorized designeeand (2) providethe Town Manageror authorized designee with a copy of the letter sent and sufficient proof of mailing.Subsequent to delivery of the "Dear Neighbor" letter, the Contractor shall distribute bi-monthly construction progress updates, including construction schedule and any additional information the Engineer deems important as a result of construction activities, to all personsand businesses includedon the aforementioned distributionlist. At the request of the Town Manageror authorized designee, Contractor may be required to distribute additional public notifications. At the end of construction a final "Dear Neighbor" letter shall be distributed to the persons and businesses on the aforementioned distributionlist highlightingthe Contractor's and the Town's appreciation for their patience during constructionof the Project. B. 24-Hour Project Hotline. The Contractor shall be required to furnish a private 24-hour telephone line to be used solely for receiving incoming calls from local citizens or businesses with questions or complaints concerning Project construction operations or procedures (the "Hotline").The Contractor shall include this Hotline telephone number on all public information distributed throughout the duration of the Project. Contractor shall ensure that Contractor personnel man the Hotline during all hours that there is any Work being performed on this Project; the Hotline shall be answered by a live answering service during all other hours. The Contractor shall maintain a log of incoming calls, responses and action taken that shall be submitted to the Engineer weekly and upon request. C.Public Meetings.The Contractor shall attend such public meetings as deemed necessary by the Town Manager or authorized designee. D. Press Releases.The Contractor shall, at the request of the Engineer,prepare press releases regarding the Project. E.Payment for Public Notification.The Town will pay, based on time and materials invoices, an amount not to exceed the amount designated in the Price Sheet and entitled COMMUNITY RELATIONS, for Work performed in accordance with the Notification Plan. Work that is eligible for reimbursement includes: the "Dear Neighbor"letters;bi-monthly progress reports; meetings with impacted businesses, residents, schools, churches or other groups;scheduling newsletter when necessary (at least monthly); temporary signs for local access; and maintaining the Hotline. No payment will be made under this item for any calendar day during which there are substantial deficiencies in compliance, as determined by the Engineer. The Contractor shall submit a final report/evaluation of its Notification Plan process performed for this Project. The report shall be submitted before the Contractor receives final payment. PART C -MISCELLANEOUS 3.54 Applicable Law; Venue. This Contract shall be governed by the laws of the State of Arizona and suit pertainingto this Contract may be brought only in courts in Maricopa County, Arizona. 3.55 Conflict of Interest. This Contract is subject to the provisions of ARIZ.REV.STAT.§38-511.The Town may cancel this Contract without penalty or further obligations by the Town or any of its departments or 2223503.1 29 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-102 agencies ifany person significantly involved in initiating, negotiating,securing,drafting or creating this Contract on behalf ofthe Town or any ofits departments or agencies is,at any time while the Contract or any extension of the Contract isin effect,an employee of any other party tothe Contract in any capacity ora consultant to any other party of the Contractwith respectto the subject matter of the Contract. 3.56 Contract Amendments.This Contract maybe modified onlybya written amendment signed by persons duly authorized to enterinto contracts on behalfofthe Townandthe Contractor;provided,however,that Change Orders may be issued and approved administratively by the Town when such changes do not alterthe Contract Price. 3.57 Provisions Required by Law.Eachandevery provision of lawandany clause required by lawto beinthe Contract willbereadand enforced asthoughit were included hereinand,ifthrough mistake or otherwise any such provision is not inserted,or is not correctly inserted,then upon the application of either party,the Contract will promptly be physically amended to make such insertion or correction. 3.58 Severability. The provisions of this Contract are severable to the extent that any provision or application held to be invalid by a Court of competent jurisdiction shall not affect any other provision or application of the Contractwhich may remain in effect withoutthe invalidprovisionor application. 3.59 Independent Contractor.It is clearly understood that each party will act in its individual capacity and not as an agent, employee, partner,joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other for any purpose whatsoever. The Contractor acknowledges and agrees that the Services provided under this Agreement are being provided as an independent contractor,not as an employee or agent of the Town.Contractor,its employees and subcontractors are not entitled to workers'compensation benefits from the Town. The Town does not have the authority to supervise or control the actual work of Contractor,its employees or subcontractors.The Contractor,and not the Town, shall determine the time of its performance of the services provided under this Agreement so long as Consultant meets the requirements of its agreed scope of work and the specifications,plans/construction drawings as set forth in Section 2.1 above and Exhibit A.Contractor is neither prohibited from entering into other contracts nor prohibited from practicing its profession elsewhere.Town and Contractor do not intend to nor will they combine business operations under this Agreement. 3.60 Entire Agreement:Interpretation-Parol Evidence.This Contract represents the entire agreement of the parties with respect to its subject matter, and all previous agreements,whether oral or written, entered into prior to this Contract are hereby revoked and superseded by this Contract.No representations,warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in any other contemporaneous written agreement executed for the purposes of carrying out the provisions of this Contract. This Contract shall be construed and interpreted according to its plain meaning,and no presumption shall be deemed to apply in favor of, or against the party drafting the Contract.The parties acknowledge and agree that each has had the opportunity to seek and utilize legal counsel in the drafting of,review of, and entry into this Contract. 3.61 Assignment:Delegation.No right or interest in this Contract shall be assigned or delegated by Contractor without prior, written permission of the Town, signed by the Town Manager. Any attempted assignment or delegation by Contractor in violation of this provision shall be a breach of this Contract by Contractor. 3.62 Subcontracts.No subcontract shall be entered into by the Contractor with any other party to furnish any of the Materials, Services or construction specified herein without the prior, written approval of the Town. The Contractor is responsible for performance under this Contract whether or not Subcontractors are used. 3.63 Rights and Remedies. No provision in this Contract shall be construed, expressly or by implication,as waiverby the Town of any existingor future right and/or remedy availableby law in the eventof 2223503.1 30 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-102 anyclaimof default orbreachofthis Contract.The failure oftheTownto insistuponthestrict performance ofany term or conditionof this Contract or to exercise or delay the exercise of any right or remedy provided in this Contract, or by law, or the Town's acceptance of and payment for Materials or Services, shall not release the Contractorfrom any responsibilitiesor obligations imposed by this Contract or by law, and shall not be deemed a waiver of any right of the Town to insist upon the strict performance of this Contract. 3.64 Attorneys' Fees. In the event either party brings any action for any relief, declaratory or otherwise,arisingout of this Contractor on accountof any breachor default hereof,the prevailingpartyshall be entitledto receive fromthe 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. 3.65 Notices and Requests. Any notice or other communication required or permitted to be given underthis Contractshall be in writingand shall be deemedto have been duly given if (A) deliveredto the partyat the address set forth below, (B) deposited in the U.S. Mail, registeredor 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:Kenneth W.Buchanan,Town Manager With copy to: GUSTROSENFELD,P.L.C. One East Washington Street, Suite 1600 Phoenix,Arizona 85004-2553 Attn:Andrew J.McGuire,Esq. If to Contractor: Attn: 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 Section.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. 3.66 Overcharges by Antitrust Violations.The Town maintains that, in practice,overcharges resulting from antitrust violations are borne by the purchaser. Therefore, to the extent permitted by law, the Contractor hereby assigns to the Town any and all claims for such overcharges as to the goods and services used to fulfill the Contract. 3.67 Force Majeure. Except for payment for sums due, neither party shall be liable to the other nor deemed in default under this Contract if and to the extent that such party's performance of this Contract is preventedby reason of force majeure. The term 'force majeure"means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Without limiting the foregoing, force majeure includesactsof God; acts of the publicenemy;war; riots;strikes;mobilization;labordisputes;civil disorders;fire; floods;lockouts,injunctions-intervention-acts,or failures or refusals to act by government authority; and other 2223503.1 31 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-102 similar occurrences beyond the control ofthe party declaring force majeure whichsuchpartyis unable to prevent by exercising reasonable diligence.The force majeure shall be deemed to commence whenthe party declaring force majeure notifies the other party,in accordance with Section 3.65,of the existence of the force majeure and shall be deemed to continue as longasthe results or effects ofthe force majeure prevent the party from resuming performance in accordance withthis Contract.Forcemajeureshallnotincludethe following occurrences: A. Late Delivery. Late delivery of equipment or materials caused by congestion at a manufacturer's plant or elsewhere, an oversold condition of the market,inefficiencies or similar occurrences. B. Late Performance. Late performance by a Subcontractor unless the delay arises out of a force majeure occurrence in accordance withthisSection3.67. Anydelayor failure in performance byeitherparty heretoshallnot constitute defaulthereunderor give riseto any claimfor damagesor lossof anticipated profitsif, andto the extentthat such delayor failure is caused by force majeure. If eitherparty isdelayedat anytime inthe progress of the Work by force majeure, then the delayed party shall notify the other party in accordance with Section3.65andshallmakea specificreferenceto this Section,therebyinvokingits provisions.Thedelayedparty shall cause such delay to cease as soon as practicable and shall notify the other party in writing. The time of Substantial Completionor FinalCompletionshall be extendedby writtenContractamendmentfor a periodof time equal to the time that the results or effects of such delay prevent the delayed party from performing in accordance with this Contract. 3.68 Confidentiality of Records. The Contractor shall establish and maintain procedures and controls that are acceptable to the Town for the purpose of ensuring that information contained in its records or obtained from the Town or from others in carrying out its obligations under this Contract shall not be used or disclosed by it, its agents, officers, or employees,except as required to perform Contractor's duties under this Contract. Persons requesting such information should be referred to the Town.Contractor also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of Contractor as needed for the performance of duties under this Contract. 3.69 Records and Audit Rights. To ensure that the Contractor and its Subcontractors are complying with the warranty under Section 3.70 below,Contractor's and its Subcontractors'books,records, correspondence,accounting procedures and practices,and any other supporting evidence relating to this Contract,including the papers of any Contractor and its Subcontractors'employees who perform any Work or Services pursuant to this Contract (all of the foregoing hereinafter referred to as "Records"),shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit (1)evaluation and verification of any invoices,payments or claims based on Contractor's and its Subcontractors'actual costs (including direct and indirect costs and overhead allocations) incurred,or units expended directly in the performance of Work under this Contract and (2)evaluation of the Contractor's and its Subcontractors'compliance with the Arizona employer sanctions laws referenced in Section 3.70 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 Contract for the duration of the Work and until three years after the date of final payment by the Town to Contractor pursuant to this Contract.Contractor and its Subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this 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 Contract. 3.70 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). 2223503.1 32 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-102 Contractor's or its Subcontractors'failure to comply with such warranty shall be deemed a material breach of this Contract and may result in the termination of this Contract by the Town. 3.71 Rightto InspectPlant. The Town may, at reasonabletimes, inspectthe part of the plant or place of businessof the Contractor or Subcontractor that is related to the performance of this Contract. 3.72 Warranties.Contractor warrants to the Town that all Materials and equipment furnished shall be new unless otherwise specified and agreed by the Town and that all Work shall be of first class quality, free from faultsand defects and in conformance with the Contract. If at any time within one year following the date of Final Completion and acceptance of the entire Project (or such longer period as may be provided under warranties for equipment or Materials): (A) any part of the Materials furnished in connection with the Work shall be or become defective due to defects in either labor or Materials,or both, or (B)Contractor's Work or Materials,or both, are or were not in conformance with original or amended Plans and Specifications, or supplementary shop drawings, then the Contractor shall upon written notice from the Town immediately replace or repair such defective or non conforming Material or workmanship at no cost to the Town. Contractor further agrees to execute any special guarantees as provided by the Contract or required by law.Contractor shall require similar guarantees from all vendors and from all its Subcontractors.Contractor further agrees, upon written demand of the Town and during the course of construction, to immediately re-execute, repair or replace any Work that fails to conform to the requirements of the Contract, whether caused by faulty Materials or workmanship,or both. In the event Contractor shall fail or refuse to make such change upon the Town's written demand, the Town shall have the right to have such Work re-executed,repaired or replaced,to withhold from or back charge to Contractor all costs incurred thereby. 3.73 Inspection. All Materials and/or Services are subject to final inspection and acceptance by the Town.Materials and/or Services failing to conform to the Specifications of this Contract will be held at Contractor's risk and may be returned to the Contractor. If so returned, all costs are the responsibility of the Contractor. Upon discovery of non-conforming Materials or Services, the Town may elect to do any or all of the following by written notice to the Contractor: (A) waive the non-conformance;(B) stop the Work immediately; or (C) bring material or service into compliance and withhold the cost of same from any payments due to the Contractor. 3.74 No Replacement of Defective Tender. Every tender of Materials shall fully comply with all provisions of the Contract. If a tender is made which does not fully conform, this shall constitute a breach of the Contract as a whole. 3.75 Shipment Under Reservation Prohibited. Contractor is not authorized to ship Materials under reservation and no tender of a bill of lading will operate as a tender of the Materials. 3.76 Liens. All Materials,Service or construction shall be free of all liens and,if the Town requests,a formal release of all liens shall be delivered to the Town. 3.77 Licenses.Contractor shall maintain in current status all Federal,State and Local licenses and permitsrequiredforthe operationofthe businessconductedbythe Contractoras applicableto this Contract. 3.78 Patents and Copyrights. All Services, information, computer program elements, reports and other deliverables, which may be patented or copyrighted and created under this Contract are the property of the Town and shall not be used or released by the Contractor or any other person except with the prior written permission of the Town. 3.79 Preparation of Specifications by Persons other than Town Personnel. All Specifications shall seek to promote overalleconomyfor the purposesintendedand encourage competition and not be unduly restrictive in satisfying the Town's needs. No person preparing Specifications shall receiveany director indirectbenefitfrom the utilization of Specifications,otherthanfeespaidforthe preparationof Specifications. 2223503.1 33 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-102 3.80 Advertising. Contractor shall not advertise or publish information concerning this Contract without prior,written consent of the Town. 3.81 Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of the Contract, the IFB, the Scope of Work, any Town-approved Purchase Order, the Price Sheet, any Town- approved Work Orders, invoices and the Contractor's response to the IFB, the documents shall govern in the order listed herein. PART D -ALTERNATIVE DISPUTE RESOLUTION 3.82 Scope.Notwithstanding anything to the contrary provided elsewhere in the Contract Documents, except for subsection 3.85(G) below, the alternative dispute resolution ("ADR")process provided for herein shall be the exclusive means for resolution of claims or disputes arising under, relating to or touching upon the Contract, the interpretation thereof or the performance or breach by any party thereto, including but not limited to original claims or disputes asserted as cross claims, counterclaims, third party claims or claims for indemnity or subrogation, in any threatened or ongoing litigation or arbitration with third parties,if such disputes involve parties to contracts containing this ADR provision. 3.83 Neutral Evaluator,Arbitrators.The Town will select a Neutral Evaluator to serve as set forth in this ADR process,subject to the Contractor's approval,which approval shall not be unreasonably withheld.In the event that the Town and the Contractor are unable to agree upon a Neutral Evaluator,the neutral evaluation process shall be eliminated and the parties shall proceed with the binding arbitration process set forth in Section 3.85 below. The Town and Contractor shall each select an arbitrator to serve as set forth in this ADR process. Each arbitrator selected shall be a member of the State Bar of the State of Arizona and shall have experience in the field of construction law.None of the arbitrators nor any of the arbitrator's firms shall have presently,or in the past, represented any party to the arbitration. 3.84 Neutral Evaluation Process. If the parties have been unable to resolve the disputes after discussions and partnering, but the parties have agreed to a Neutral Evaluator, the following neutral evaluation process shall be used to resolve any such dispute. A.Notification of Dispute. The Town through its Engineer shall notify the Neutral Evaluator in writing of the existence of a dispute within ten days of the Town or the Contractor declaring need to commence the neutral evaluation process. B.Non-Binding Informal Hearing.The Neutral Evaluator shall schedule a non-binding informalhearing of the matter to be held within seven calendar days from receipt of notification of the existence of a dispute. The Neutral Evaluator may conduct the hearing in such manner as he deems appropriate and shall notify each party of the hearing and of its opportunity to present evidence it believes will resolve the dispute. Each party to the dispute shall be notified by the Neutral Evaluator that the party shall submit a written outline of the issues and evidence intended to be introduced at the hearing and the proposed resolution of the dispute to the Neutral Evaluator before the hearing commences. Arbitrators shall not participate in such informal hearing or proceedings process.The NeutralEvaluator is not bound by the rules of evidence when admitting evidence in the hearingand may limit the length of the hearing, the number of witnesses or any evidence introduced to the extent deemed relevant and efficient. C.Non-Binding Decision.The Neutral Evaluator shall render a non-binding written decision as soon as possible, but not later than five calendar days after the hearing. 3.85 Binding Arbitration Procedure. The following binding arbitration procedure, except as provided in subsection3.85(G) below, shall serve as the exclusive method to resolve a dispute if (A) the parties cannot agree to a Neutral Evaluator as set forth in Section 3.83 above or (B) any party chooses not to accept the decision of the Neutral Evaluator.The party requesting binding arbitration shall notify the Neutral Evaluator of a request for 2223503.1 34 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-102 arbitration in writing within three business days'of receipt of the Neutral Evaluator's decision. If the Contractor requests arbitration or if Contractor rejects the Town's selection of a Neutral Evaluator, it shall post a cash bond with the Neutral Evaluator in an amount agreed upon by the parties or, in the event of no agreement, the Neutral Evaluator shall establish the amount of the cash bond to defray the cost of the arbitration as set forth in subsection 3.85(M) and the proceeds from the bond shall be allocated in accordance with subsection 3.85(M) by the Arbitration Panel. A.Arbitration Panel.The Arbitration Panel shall consist of three arbitrators:the Town's appointed arbitrator, the Contractor's appointed arbitrator and a third arbitrator (or "Neutral Arbitrator")who shall be selected by the parties'arbitrators as set forth in subsection 3.85(B)If more than one consultant or contractor is involved in a dispute, the consultants and/or contractors shall agree on an appointee to serve as arbitrator. The Neutral Evaluator shall not participate in the proceedings. B.Selection of Neutral Arbitrator.The parties'arbitrators shall choose the Neutral Arbitrator within five business days of receipt of notification of a dispute from the Neutral Evaluator.The Neutral Arbitrator shall have the same qualifications as those of the arbitrators set forth in subsection 3.83. In the event that the selected arbitrators cannot agree on the Neutral Arbitrator as set forth above, the Neutral Arbitrator shall be the Default Neutral Arbitrator, a person or entity jointly selected by the Town and the Contractor.If the Town and the Contractor cannot agree on a Default Neutral Arbitrator, the Town and the Contractor shall each submit two names to an appropriate judge who shall select one person. C. Expedited Hearing. The parties have structured this procedure with the goal of providing for the prompt, efficient and final resolution of all disputes falling within the purview of this ADR process. To that end, any party can petition the Neutral Evaluator to set an expedited hearing. If the Neutral Evaluator determines that the circumstances justify it, the Neutral Evaluator shall contact the selected Arbitration Panel and arrange for scheduling of the arbitration at the earliest possible date. In any event, the hearing of any dispute not expedited will commence as soon as practical but in no event later than 20 calendar days after notification of request for arbitration having been submitted. This deadline can be extended only with the consent of all the parties to the dispute,or by decision of the Arbitration Panel upon a showing of emergency circumstances. D.Procedure.The Arbitration Panel will select a Chairman and will conduct the hearing in such a manner that will resolve disputes in a prompt, cost efficient manner giving regard to the rights of all parties. Each party shall supply to the Arbitration Panel a written pre-hearing statement which shall contain a brief statement of the nature of the claim or defense,a list of witnesses and exhibits,a brief description of the subject matter of the testimony of each witness who will be called to testify, and an estimate as to the length of time that will be requiredfor the arbitrationhearing. The ArbitrationPanel shall review and considerthe NeutralEvaluator decision,if any. The Chairman shall determine the nature and scope of discovery, if any, and the manner of presentation of relevantevidenceconsistentwithdeadlinesprovidedhereinand the parties' objectivethat disputes beresolvedin a promptand efficientmanner. No discoverymay be had of any materialsor informationfor which a privilege is recognized byArizonalaw. TheChairmanuponproper application shallissuesuchordersasmaybe necessary and permissible underlawto protect confidential,proprietary or sensitivematerialsor information from public disclosure or other misuse.Any party may make application to the Maricopa County Superior Courtto havea protective orderenteredasmaybe appropriate to confirmsuchordersofthe Chairman. E.Hearing Days.In order to effectuate parties'goals, the hearing once commenced, will proceed from business dayto business dayuntil concluded,absenta showingof emergency circumstances. F. Award. The Arbitration Panel shall,within ten calendar days from the conclusion of any hearing,by majority vote issue its award. The award shall include an allocationof fees and costs pursuant to subsection 3.85(M)herein. The award is to be renderedin accordancewiththis Contractandthe lawsofthe State of Arizona. 2223503.1 35 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-102 G. Scope of Award. The Arbitration Panel shall be without authority to award punitive damages,andany suchpunitivedamageawardshall be void. The ArbitrationPanelshallbe withoutany authority to issue an award against any individual party in excess of twenty percent (20%)of the original Contract amount, but in no event shall any award exceed $2,000,000,exclusive of interest, arbitration fees, costs and attorneys' fees. If an award is made against any individual party in excess of $100,000, exclusive of interest, arbitration fees, costs and attorneys'fees, it must be supported by written findings of fact, conclusions of law and a statement as to how damages were calculated. Any claim in excess of twenty percent (20%)of the original Contract amount or in excess $2,000,000 shall be subject to the jurisdiction of the Superior Court of Arizona,MaricopaCounty. Any party can contest the validity of the amount claimed if an action is filed in the Superior Court. H. Jurisdiction. The Arbitration Panel shall not be bound for jurisdictional purposes by the amount asserted in any party's claim, but shall conduct a preliminary hearing into the question ofjurisdiction upon application of any party at the earliest convenient time, but not later than the commencement of the arbitration hearing. I. Entry of Judgment. Any party can make application to the Maricopa County Superior Court for confirmation of an award, and for entry ofjudgment on it. J.Severance and Joinder. To reduce the possibility of inconsistent adjudications:(1) the Neutral Evaluator or the Arbitration Panel may, at the request of any party,join and/or sever parties,and/or claims arising under other contracts containing this ADR provision, and (2) the Neutral Evaluator, on his own authority, or the Arbitration Panel may, on its own authority,join or sever parties and/or claims subject to this ADR process as they deem necessary for a just resolution of the dispute,consistent with the parties'goal of the prompt and efficient resolution of disputes, provided, however, that the Contractor,Architect/Engineer and Project professionals shall not be joined as a party to any claim made by a Contractor.Nothing herein shall create the right by any party to assert claims against another party not germane to the Contract or not recognized under the substantive law applicable to the dispute. Neither the Neutral Evaluator nor the Arbitration Panel are authorized to join to the proceeding parties not in privity with the Town.Contractor cannot be joined to any pending arbitration proceeding, without Contractor's express written consent, unless Contractor is given the opportunity to participate in the selection of the non-Town appointed arbitrator. K. Appeal. Any party may appeal (1) errors of law by the Arbitration Panel if, but only if, the errors arise in an award in excess of $100,000,(2) the exercise by the Chairman or Arbitration Panel of any powers contrary to or inconsistent with the Contract or (3) on the basis of any of the grounds provided in Ariz. Rev.STAT.§12-1512,as amended. Appeals shall be to the Maricopa County Superior Court within 15 calendar daysof entry of the award. The standard of review in such cases shall be that applicableto the considerationof a motionforjudgment notwithstandingthe verdict,and the Maricopa County Superior Court shall havethe authority to confirm, vacate, modify or remand an award appealed under this Section, but not to conduct a trial, entertain the introduction of new evidence or conduct a hearing de novo. L. Uniform Arbitration Act. Except as otherwise provided herein, binding arbitration pursued under this provision shall be governed by the Uniform Arbitration Act as codified in Arizona in ARIZ. Rev.Stat.§12-1501,etseq. M. Fees and Costs. Each party shall bear its own fees and costs in connection with any informal hearing before the Neutral Evaluator.All fees and costs associated with any arbitration before the Arbitration Panel,includingwithout limitationthe ArbitrationPanelists' fee, and the prevailingparty's reasonable attorneys' fees, expert witness fees and costs, will be paid by the non-prevailing party, except as provided for herein. Inno event shall any Arbitrator's hourlyfees be awarded in an amount in excess of $200 per hourand (1) costs shall not includeany travel expenses in excess of mileage at the rate paid by the Town, not to exceed a one waytripof 150 miles,and(2)alltravel expenses,including meals,shallbe reimbursed pursuant tothetravel policy of the Town in effect at the time of the hearing. The determination of prevailing and non-prevailing parties, and 2223503.1 36 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-102 the appropriate allocation of fees and costs, will be included in the award by the Arbitration Panel. Fees for the Neutral Evaluator shall be divided evenly between the Town and the Contractor. N.Confidentiality.Any proceeding initiated under ADR shall be deemed confidential to the maximum extent allowed by Arizona law and no party shall, except for disclosures to a party's attorneys or accountants, make any disclosure related to the disputed matter or to the outcome of any proceeding except to the extent required by law, or to seek interim equitable relief, or to enforce an agreement reached by the parties or an award made hereunder. O. Equitable Litigation.Notwithstanding any other provision of ADR to the contrary, any party can petition the Maricopa County Superior Court for interim equitable relief as necessary to preserve the status quo and prevent immediate and irreparable harm to a party or to the Program pending resolution of a dispute pursuant to ADR provided herein. No court may order any permanent injunctive relief except as may be necessary to enforce an order entered by the Arbitration Panel. The fees and costs incurred in connection with any such equitable proceeding shall be determined and assessed in ADR. P.Change Order. Any award in favor of the Contractor against the Town or in favor of the Town against the Contractor shall be reduced to a Change Order and executed by the parties in accordance with the award and the provisions of this Contract. Q.Merger and Bar. Any claim asserted pursuant to this ADR process shall be deemed to include all claims, demands, and requests for compensation for costs and losses or other relief, including the extension of the Contract performance period which reasonably should or could have been brought against any party that was or could have been brought into this ADR process, with respect to the subject claim. The Arbitration Panel shall apply legal principles commonly known as merger and bar to deny any claim or claims against any party regarding which claim or claims recovery has been sought or should have been sought in a previously adjudicated claim for an alleged cost, loss, breach, error, or omission. R.Inclusion in Other Contracts.The Contractor shall cooperate with the Town in efforts to include this ADR provision in all other Project contracts. Subject to Contractor's reasonable agreement, the Contractor agrees that any modification to this ADR provision that is included in the construction or other contracts shall also apply to the Contractor. It is the intent of the parties that any changes to this ADR provision in later contracts will be evolutionary and designed to incorporate the terms of this ADR provision without material changes to the substance or procedure of this ADR provision. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 2223503.1 37 2223503.1 EXHIBIT A TO INVITATION FOR BIDS NO.DS2015-102 [Specifications,Plans/Construction Drawings] See following pages. TOWN OF FOUNTAIN HILLS,ARIZONA DEVELOPMENT SERVICES DEPARTMENT SAGUARO BOULEVARD RECONSTRUCTION (TREVINO DRIVE TO FOUNTAIN HILLS BOULEVARD) TOWN OF FOUNTAIN HILLS PROJECT NO.S6010 AND SAGUARO BOULEVARD AND PALISADES BOULEVARD TRAFFIC SIGNAL IMPROVEMENTS TOWN OF FOUNTAIN HILLS PROJECT NO.T5011 TECHNICAL SPECIFICATIONS SEPTEMBER 15,2014 2223503.1 Remainder of this document is on the Town's website at http://www.fh.az.gov/available-bids.aspx and is incorporated herein by reference. ^\n>w i W / / '^llL^t. - im ""j""s ?> -is ....... i J yicipJITY MAP M.T.S. TOWN OF FOUNTAIN HILLS,ARIZONA SAGUARO BLVD RECONSTRUCTION (TREVINO DR TO FOUNTAIN HILLS BLVD) S6010 $^Mb 8-50 (EVEN jfS) 9-51 (ODDS #'S) 52-53 57-51 62-73 74-78 B4-8B 09-91 MAYOR LINDA KAVANAGH TOWN COUNCIL DENNIS BROWN GINNY DICKEY TAIT ELKIE CASSIE HANSEN HENRY LEGER CECIL YATES TOWN MANAGER KEN BUCHANAN DEVELOPMENT SERVICES DIRECTOR PAU_MOOD TOWN ENGINEER RANDY HARREL UTILITY COMPANY CONTACT PERSON PHONE SALT RIVER PROJECT (DISTRIBUTION)KIRK GYLLDJSKOG (602)22S-414.5 -•-t ;..;.•"•.':•:;:•••KEITH PELLIEN (002)226-4952 CENTURYU'JK CENNIS AL'ST fjtegj 243-1752 EPC03 COM LONG (602)229-4174 FOUNTAIN HILLS SANITARY DIST.ROM HU3ER (4EO)&37-94-M FOUNTAIN HILLS FIRE DEPT.DAVE OTT (-150)Q'6-5114 COX COMMUNICATIONS nnii jungemahn (B02)B32-9753 SOUTHWEST GAS MDHMA JA.RGIN (490)7JO-3a&7 INDEX OF SHEETS DWG SERIES NO. CV01 GN01 TXOl DT01 -DT03 GL01 PLOT -PL22 PR01 -PR22 DR01 -DR02 DR03 -DRCM SM01 SM02 -SM06 SM07 -SMI 8 L1.0 -LI .4 L2.0 L3.0 L4.0 LS.0 L5.1 WRO1-V/R05 SR01-SR03 DESCRIPTION COVER GENERAL NOTES St LEGEND TYPICAL SECTION SHEETS DETAILS GEOMETRIC CONTROL SHEET PAVING PLAN SHEETS -SAGUARO BLVD PROFILE SHEETS - SAGUARO BLVD STORM DRAIN PLAN &PROFILE SHEET - WASH CROSSINGS STORM DRAIN PLAN &PROFILE SHEET -PALISADES BLVD SIGNING &PAVEMENT MARKING NOTES <k LEGEND SIGN SUMMARY SHEETS SIGNING k MARKING PLANS AVE OF THE FOUNTAINS -HARDSCAPE PLAN AVE Or THE FOUNTAINS -IRRIGATION PLAN AVE OF THE FOUNTAINS -LANDSCAPE PLAN AVE OF THE FOUNTAINS -LANDSCAPE DETAILS AVE OF THE FOUNTAINS -FOUNTAIN ELECTRICAL PLAN AVE OF THE FOUNTAINS -ELECTRICAL DETAIL EPCOR WATERLINE RELOCATIONS FOUNTAIN HILLS SANITARY DISTRICT RELOCATIONS 9-#-/r- PAUfMOOdT DEVELOPMENT SERVICES DIRECTOR TOWN Of FOUNTAIN HILLS. ARIZONA Z&£Z& o CD V) o LU —> o a. g H U z> I- co •z. O o LU a > _! m o a: < < to 2223503.1 Remainder of this document is on the Town's website at http://www.fh.az.gov/available-bids.aspx and is incorporated herein by reference. -\\fs \,w /N.?—- \ X ^)\•\ ¥ "7 -\ I "*8 «.^ ^~-_JH 1 -I yi c ir>r rY MAP s. TOWN OF FOUNTAIN HILLS,ARIZONA SAGUARO BLVD AND PALISADES BLVD TRAFFIC SIGNAL IMPROVEMENTS T5011 MAYOR LINDA KAVANAGH TOWN COUNCIL DENNIS BROWN GINNY DICKEY TAIT ELKIE CASSIE HANSEN HENRY LEGER CECIL YATES TOWN MANAGER KEN BUCHANAN DEVELOPMENT SERVICES DIRECTOR PAUL MOOD TOWN ENGINEER RANDY HARREL UTILHY COMPANY CONTACT PERSON PHONE SALT RIVER PROJECT(DISTRIBUTION)KIRK GYUEN5X0G (602)226-4145 SALT RIVER PROJECT(TRANSMISSION)KEITH PFI IIFN (DQ2)725-4957 CEN7URYUNK DENNIS AUST (1BO)243-1752 EPCOR DON LONG (B02)239-417' FC-LN .••:'.••.:c:•:•.•-:~t-".Y 0:ST.RON hUeEH HBO)e*7-s=44 FL-UNTAi',rLLS FifiE DEPT.DAVE OTT (450)£15-5114 COX COMMUNICATIONS BETH JUNCEMANN (602)S32-S753 •.;:..:.•rt-isr cas I.C"'JA JATiCM [453!72C-3E57 INDEX OF SHEETS SHEET NAMF DESCRIPTION TS01 COVER TS02 CIVIL GENERAL NOTES AND LEGEND TS03 DETAILS TS04 INTERSECTION STAKING DIAGRAM TS05 INTERSECTION IMPROVEMENT PLAN SHEET TS06 TRAFFIC SIGNAL GENERAL NOTES AND LEGEND TS07 TRAFFIC SIGNAL REMOVAL PLAN TSOS TRAFFIC SIGNAL PLAN TS09 POLE SCHEDULE TS10 CONDUCTOR SCHEDULE TS11-TS12 INTERNALLY ILLUMINATED STREET NAME SIGN DETAILS APPROVAL T M *w£ ranoyUarrei/.' TOtm OF FOJ'.T.W ;-, PAUL WOOD, DEVELOPMENT SERVICES DlfiECKXI rO'lWI OF FOUNTAIN HILLS, ARIZONA 1-/&I4 IM22S IT) \- H O LU —) o a. a. (3 Q > _J m LU q < < 9. 3 > _i o < < 2223503.1 Remainder ofthis document is on the Town's website at http://www.fh.az.gov/available-bids.aspx and is incorporated herein by reference. 2223503.1 EXHIBIT B TO INVITATION FOR BIDS NO.DS2015-102 [Substitution/Equal Request Form] See following pages. SUBSTITUTION/EQUAL REQUEST FORM Saguaro Boulevard Reconstruction DS2015-102 Bidder hereby submitsfor Town's consideration the following product,instead of the specified item, for the above Project. Section Page Paragraph/Line Specified Item Proposed Substitution: (NOTE: See Article II - Bid Process; Bid Award, Section 2.4(C), Approval of Substitutions, or Section 2.4(D), Use of Equals, as applicable, for additional criteria concerning prior approval for substitutions or use equals of material and equipment.) Attach complete product description,drawings,photographs,performance and test data, and other information necessary for evaluation, indicating by highlighting all comparable data between specified item and proposed substitution or equal. Identify specific model numbers, finishes, options, etc. A. Will changes be required to Project design (architecturally, structurally, mechanically or electrically) in order to properly install proposed substitution? Yes No If Yes, explain: B. Will the undersigned pay for changes to the Project design, including engineering and drawing costs, caused by requested substitution?Yes No C. List differences between proposed substitution and specified item. Specified Item Proposed Substitution D. Does substitution affect Drawing dimensions?Yes No If Yes, explain: What effect does substitution have on other trades? F. Does manufacturer's warranty of proposed substitution differ from that specified? Yes No If Yes, explain: 2223503.1 G. Will substitutionaffect progress schedule? Yes No If Yes, explain: Yes H. Will substitution require more license fees or royalties than specified product? No If Yes,explain: Yes I. Will maintenance and service parts be locally available for substitution? No If Yes,explain: J. Will substitution be compatible with all adjacent material and/or applications to or on the proposed substitution?Yes No If no, explain what material substitutions will be required to make your proposed substitution compatible: List materials that will be required to provide compatibility: The undersigned hereby assumes all responsibility for all provisions indicated herein and agrees that, if adequate comparable information is not provided as required by Section 2.4(C),Approval of Substitutions,or Section 2.4(D), Use of Equals, as applicable, and this Form, the proposed substitution or equal shall be subject to rejection. The undersigned understands and agrees that the substitution requested,including all supporting data, must be submitted to and be in the possession of the Town ten (10) full calendar Days prior to the Bid Deadline, to be considered, including all supporting data for the substitution.Telegraphic (facsimile) or electronic (email) copies will not be considered. Submitted by: Signature Print Name Title Company Name Address City, State, Zip Code Date Telephone No. 2223503.1 For Town's Use Only: Accepted: Accepted: By: Remarks: B-2 Date: 2250946.1 EXHIBIT 4 TO ADDENDUM NO.1 TO INVITATION FOR BIDS NO.DS2015-102 [PriceSheet] See following pages. BID ITEM NUMBER 105.80000 107.02000 109.09000 112.01000 201.01012 220.10075 220.10150 220.20000 301.01000 310.03150 321.00202 321.00302 329.02000 340.01110 340.01130 340.01150 340.01210 340.01217 340.01220 340.01305 340.01308 340.01309 340.01390 340.01600 340.20501 342.01100 345.00020 345.01100 345.01400 345.01505 345.01510 350.01250 350.01300 TOWN OF FOUNTAIN HILLS -SAGUARO BLVD RECONSTRUCTION (TREVINO DRTO FOUNTAIN HILLS BLVD) REVISED PRICE SHEET 10/06/2014 -ADDENDUM NO.1 S6010 SCHEDULE A ITEM DESCRIPTION CONSTRUCTION SURVEYING AZPDES PERMIT MOBILIZATION/DEMOBILIZATION CONTRACTOR QUALITY CONTROL REMOVE TREE,DIAMETER >12" RIPRAP,D50=3",6" THICK, WITH FILTER FABRIC RIPRAP,D50=6",V THICK, WITH FILTER FABRIC GROUTEDRIPRAP,D50=6",1'THICK(NO FILTER FABRIC) SUBGRADE PREPARATION AGGREGATE BASE COURSE,6"THICK ASPHALT CONCRETE PAVEMENT SURFACE COURSE,A-12.5 EVAC, 2"THICK ASPHALT CONCRETE PAVEMENT BASE COURSE,A-19 EVAC, 2" THICK BITUMINOUS TACK COAT VERTICAL CURB &GUTTER,MAG DET.220-1,TYPE A, H=6" ROLL CURB &GUTTER,MAG DET.220-1,TYPE C SINGLE CURB,MAG DET.222,TYPE A, H=6" CONCRETE SIDEWALK, MAG DET.230 CONCRETE MEDIAN NOSE TRANSITION PER MAG DET.223 CONCRETE SIDEWALK, MODIFIED 9"THICK, MAG DET.230 DIRECTIONAL SIDEWALK RAMP RETROFIT,TYPE A,PER CITY OF SCOTTSDALE DET 2233-1 IN-LINE SIDEWALK RAMP,PER CITY OF CHANDLER DET C-257 SIDEWALKRAMP PER DETAIL7,DRAWING L1.3 (AVENUE OF THE FOUNTAINS) DETECTABLE WARNING PRE-CAST SLAB,TERRA COTTA COLOR CONCRETE APRON AND VALLEY GUTTER,MAG DET.240 CONCRETE PAVER BAND AROUND PAVERS W/CONCRETE FOOTER CONCRETE PAVING STONE W/BASE MATERIAL ADJUST FHSD VAULT PER DETAIL ADJUST MANHOLE FRAME &COVER,MAG DET.422 ADJUST VALVE BOX &COVER,MAG DET.391-1,TYPE C ADJUST TRAFFIC SIGNAL PULLBOX TO GRADE RELOCATE EXISTING REMOTE CONTROL VALVE & BOX,EXTEND SLEEVE,WIRE,AND MAINLINE CUT AND REMOVE EXISTING PIPE,BACKFILL &COMPACT REMOVE EXISTING AC PAVEMENT C-1 UNIT LS LS LS LS EA CY CY CY SY SY SY SY TON LF LF LF SF EA SF EA EA EA SF SF LF SF EA EA EA EA JOB LF SY QUANTITY UNIT COST TXcco.dj ZS.aco.oi> ^S,doo^ tecvaoo 13 /£Sqo6 41 /3S.0C 10 /fV.CQ 18 <3QO.nd 154,148 32f 154,148 SO3& 154,148 yt<££ 154,148 z a5~ 64 soo.CO 48,075 ISO 3,436 /£.od 61 £Aot> 3,286 *{&> 25 27SOO 155 0-6O /Voo.cd /3C&.Ot> /f SoQ eo 322 3Q.OO 1,215 9.ce 510 /S,o& 3,190 L>+oo /kSOO.QO 23 t/ra&co 84 YCO.&> Y60.OO jL@CC.QO 333 ML.OO 160,743 /fcr TOTAL TSoacx ftp <£SOZ£>.D O CO<j$S<ooo2 %5ce>0rft« /b.tLSO.OO S.S3So6 /:1r€>&.0* S<</&&,£Y) &*Sft,o&- S&J.S-/82 f,//JS?J~- LllJt&3>1 32.QOQ.Qc tek 7/a.d5d V/.&Zl or) /,&fAo<) geS^oo C.S7S.Q* 430.CO //2O0.V6 j boaod /.Sv*.o*> y.biO-Qo /a 9SXQ6 yfcSa pa /9./</6.0d 7SOO.0O f.77S.OO 3S.l>*>ao ^co.oo JCCC Dd 7326.00 3L(Ps.tes'£ TOWN OF FOUNTAIN HILLS -SAGUARO BLVD RECONSTRUCTION (TREVINO DRTO FOUNTAIN HILLS BLVD) REVISED PRICE SHEET 10/06/2014 -ADDENDUM NO.1 S6010 SCHEDULE A BID ITEM NUMBER ITEM DESCRIPTION UNIT QUANTITY UNIT COST TOTAL 350.01602 REMOVE CONCRETE DRAINAGE INLET STRUCTURE EA 4 S?)/0.£)O J20OO t>c> 350.01800 REMOVE CONCRETE CURB AND GUTTER LF 672 </.nc ^6>&t<nA 350.01801 REMOVE VALLEY GUTTER SF 2,932 J.6(0 5>(*/.C& 350.01850 REMOVE CONCRETE WEDGE CURB LF 50,773 ACO SC.7Z3.od 350.01900 REMOVE SIDEWALK SF 3,922 /.SO S.f*3.o£ 350.01901 SAWCUT &REMOVE EXISTING SIDEWALK/SIDEWALK RAMP FOR DETECTABLE WARNING SLAB SF 242 .-3rJO So<?.2Lb 350.01950 REMOVE EXISTING TRUNCATED DOMES SF 17 SSO <?3.SO 350.01951 REMOVE EXISTING CONCRETE FOUNDATIONS (FOR LIGHTING)EA 3 7CO,CO <2./C0 od 350.02251 REMOVE CONCRETE SPILLWAY SF 73 mo S//o<d 350.04002 REMOVE PEDESTRIAN PUSH BUTTON &FOUNDATION EA 2 /»/0.OO /.naod 350.04100 REMOVE TRAFFIC SIGNS LS 1 SCO.CO Sea 06 350.50001 REMOVE EXISTING IMPROVEMENTS (AVENUE OF THE FOUNTAINS MEDIAN)LS 1 JZcoCoo <£Sfooooo 401.01000 TRAFFIC CONTROL LS 1 /5Q0CO —/SOj 000^ 401.01105 UNIFORMED OFF-DUTY OFFICER HR 600 S^.cb 33.0CO.CC) 401.11100 PORTABLE CHANGEABLE MESSAGE SIGN EA-DAY 400 vao&/b.OOC.fti 405.00010 SURVEY MARKER,MAG DET.120-1,TYPE A EA 5 voo.oo Aooaob 405.00020 SURVEY MARKER,MAG DET.120-1,TYPE B EA 1 /SC.OO /3C.O& 430.01001 LANDSCAPE ESTABLISHMENT - (MAINTENANCE)LS 1 Scoo.oo s;000.05 430.01016 TREE-48"BOX EA 4 /(cCC.OO &</ooo& 430.01021 SHRUBS -1 GAL EA 55 7.06 3&S.O* 430.01025 SHRUBS - 5 GAL EA 51 /S,on •76*5.OO 430.01035 CONCRETE HEADER LF 57 A/.f)C b320* 430.01038 SOD SF 3,495 ,690 3S n97.Co 430.01075 TYPAR (ROOT PROTECTION)SF 790 uoo </7<M?.fX> 430.42001 DECOMPOSED GRANITE,2"THICK SF 1,645 <LS /,&(*?SS 440.10000 IRRIGATION SYSTEM (AOTF)LS 1 bC&O.OO t>cco,oo 440.10022 1"BACKFLOW PREVENTION UNIT &ASSEMBLY EA 15 ZYCOCO 3&.COO.06 440.40001 1"SCH.40 PVC IRRIGATION SERVICE LF 805 /.SO /.207S0 440.40004 4"SCH.40 PVC CONDUIT SLEEVE LF 710 sso 39t&oo 461.01100 4"WHITE TRAFFIC PAINT STRIPE LF 80,671 .(x&SO,0/&4JL 461.01200 4"YELLOW TRAFFIC PAINT STRIPE LF 14,960 „(*£9.&7S.JIO 461.01500 PAINT SYMBOL (ARROWS)EA 51 Ks.oo J£%XV& 461.01600 PAINT MEDIAN ISLAND EA 55 9o.co Y 9so co C-2 TOWN OF FOUNTAIN HILLS -SAGUARO BLVD RECONSTRUCTION (TREVINO DRTO FOUNTAIN HILLS BLVD) REVISED PRICE SHEET 10/06/2014 -ADDENDUM NO.1 S6010 SCHEDULE A BID ITEM NUMBER ITEM DESCRIPTION UNIT QUANTITY UNIT COST TOTAL 462.01100 4"WHITE THERMOPLASTIC TRAFFIC STRIPE LF 80,671 *JL//(*,9</o.9/ 462.01200 4"YELLOW THERMOPLASTIC TRAFFIC STRIPE LF 14,960 .2/4 /•/L c 462.01510 THERMOPLASTIC PAVEMENT ARROW EA 51 Moo ^CMOO 463.01000 REFLECTORIZED RAISED PAVEMENT MARKER (TYPE C, CLEAR, RED)EA 1,529 Ao/>^S^/oo 463.01100 REFLECTORIZED RAISED PAVEMENT MARKER (TYPE D, YELLOW, 2- WAY)EA 2,673 J.oo #0/9.00 463.01200 REFLECTORIZED RAISED PAVEMENT MARKER (TYPE G,CLEAR, 1- WAY)EA 18 ZOO S/cd 463.01400 REFLECTORIZED RAISED PAVEMENT MARKER (TYPE BB, BLUE, 2- WAY)EA 36 Xoo /Of.Od 464.02000 PERFORATED SIGN POST LF 386 9„no 5<47<l.oo 464.02001 PERFORATED SIGN POST FOUNDATION,DETAIL ADOT S-3 EA 39 /&&.OO A <?mod 465.01003 FLAT SHEET ALUMINUM SIGN PANEL,DIAMOND GRADE SF 39 J7^o/)AO/</oo 473.61000 6'X 6'DETECTOR LOOP EA 4 7t&.cd 2 fCOod 473.64000 6'X 40'QUADRUPOLE LOOP EA 3 /boo od ^.ArOOCO 479.00001 SCH.40 PVC ELECTRICAL CONDUIT,3/4"LF 210 ^cc /<MCOO 479.00011 SCH.40 PVC ELECTRICAL CONDUIT,1"LF 105 V.or)</aavo 479.00015 SCH.40 PVC ELECTRICAL CONDUIT,1.5"LF 70 /A0O 77000 479.01000 CONDUCTOR (NO. 12)LF 420 A^O So/.od 479.01001 CONDUCTOR (NO. 8)LF 20 AfoO 3J.OO 479.01002 CONDUCTOR (NO. 6)LF 285 J.AO s?<rsd 479.01003 CONDUCTOR (NO. 3)LF 1,480 ASo SAJW.OO 479.01004 CONDUCTOR (INSULATED BOND) (NO.12)LF 210 A.4LS J&JSO 479.01005 CONDUCTOR (INSULATED BOND) (NO. 8)LF 475 A7S <?3/.aS' 479.01006 ELECTRICAL PANEL EA 1 S4.OO.0O SXcD.Cd 479.01007 ELECTRICAL EVENT RECEPTACLE EA 1 Acoo.oo /coo.od 479.01008 GFCI RECEPTACLE EA 3 £oo.oo 4?oo.oo 479.01010 WALL MOUNTED LIGHT FIXTURE (HUBBEL CAT#LNC2/12LU/4K/4/2)EA 1 ^OO.OO *?<£&.Oc> 505.06401 CONCRETE SCUPPER,MAG DET.206,W=26.5'EA 1 S306.VO S3oo,cd 505.13617 CATCH BASIN COP STD P-1569-1 OR 2,TYPE M-1,L=17\MODIFIED EA 2 LpCoo.oO A3 4CO.DO 505.13627 CATCH BASIN COP STD P-1569-1 OR 2,TYPE M-2,L=17'EA 4 (»9oca><27.boaO& 505.13628 CATCH BASIN COP STD P-1569-1 OR 2,TYPE M-2,L=17\MODIFIED EA 2 (#700 00 A3,VOCOO 520.01035 SAFETY RAIL(HEIGHT =3'-6")MAG DET.145 LF 36 ys,oo A,(*ao.od 523.15235 HEADWALL,DROP INLET,MAG DET.501-5 (MODIFIED)EA 3 gaoooo £tiO&&OCj 540.00000 WATER FEATURE AND PLAZA (WALLS,CURBS,NOZZELS,PUMPS, PIPING,CONTROL SYSTEM,AND RELATED ITEMS)LS 1 /AScc*.oo A&zooc.eo 610.02012 12"DUCTILE IRON PIPE WATERLINE W/FITTINGS LF 364 /?S,DO 70><?<&.0& C-3 TOWNOF FOUNTAIN HILLS - SAGUARO BLVD RECONSTRUCTION (TREVINO DRTO FOUNTAIN HILLS BLVD) REVISED PRICE SHEET 10/06/2014 -ADDENDUM NO.1 S6010 SCHEDULE A BID ITEM NUMBER ITEM DESCRIPTION UNIT QUANTITY UNIT COST TOTAL 610.05110 VERT. REALIGN 12" WATERLINE (EPCOR-LOCATION 1)EA tf/oeo cc>A&OOO.06 610.05111 VERT. REALIGN 12" WATERLINE (EPCOR-LOCATION 2)EA gQooOco £G.QOa Od 610.05112 VERT. REALIGN 12" WATERLINE (EPCOR-LOCATION 3)EA f^Sooco /J-.SOO.db 610.05113 VERT. REALIGN 12"WATERLINE (EPCOR-LOCATION 4)EA /<f,oca oo Af,OC0nd 610.05200 AIR RELEASE VALVE (FHSD)EA 2 7CO0.OO aY.dooc® 616.00005 VERT. REALIGN 16"EFFLUENT (FHSD)EA JLLcoaoo J2&,&oo.as 616.00010 VERT. REALIGN 12"FORCEMAIN (FHSD)EA jictooo.co £Ot OOO Qo) 616.00015 VERT. REALIGN 12" EFFLUENT (FHSD)EA /V.cco.oo AV.OOO.C& 618.00136 36"X24"PRE FABBED T CONNECTION EA yoo.oo Yoono 618.00153 ARCH PIPE PRE FABBED T CONNECTION EA SSQoo sso.jd 618.00836 PIPE PLUG,MAG DET.427,36"PIPE EA g.GOGO acooti 618.00900 CONCRETE PIPE COLLAR,MAG DET.505 EA 3 /./CO.CO 3.300.0$ 621.11180 18"CMP,SMOOTH LINED,16 GAUGE,BITUMINOUS-COATED TYPE A LF 22 9S.oo Ao9o.oc> 621.11240 24"CMP,SMOOTH LINED, 16 GAUGE,BITUMINOUS-COATED TYPE A LF 338 A/<r.od 39M9.00 621.11360 36"CMP,SMOOTH LINED,16 GAUGE,BITUMINOUS-COATED TYPE A LF 144 /&Zod AS.3JlO.Od 621.11480 48"CMP,SMOOTH LINED,16 GAUGE,BITUMINOUS-COATED TYPE A LF 30 AYS.od ^ASV.OO 621.11530 53"X41"CMP ARCH PIPE,SMOOTH LINED, 16 GAUGE,BITUMINOUS- COATED LF 327 XSO.G&M7S0O* 625.01100 STORM DRAIN MANHOLE,MAG DET.520 &522 EA 2 3SOQOO 7000 06 625.01200 STORM DRAIN MANHOLE,MAG DET.521 &522 EA 3 3ft>ooo A/,</OO.Q6 630.01112 12"GATE VALVE W/BOX &COVER EA 1 S£dc.r&SJLOCOO 798.10000 SITE FURNISHINGS (BENCHES,TRASH RECEPTACLE,BIKE RACK AND CLOCK) LS 1 A^.coOco /Y:noO 0^ 799.10000 8" CMU WALL,GATE,METAL PANELS LS 1 Af.ooOns)Af.O00.J7d 799.10010 GABION BASKET SEAT WALL LF 20 /„0Or OO /.(?.#oatX> 799.10020 GABION BASKET COLUMN AND LIGHT EA 2 TSOOOo ASooOOO SCHEDULE A SUB TOTAL BASE BID:(cJIOMI OWNER'S ALLOWANCE:$250,000.00 SCHEDULE A TOTAL BASE BID(INCLUDING OWNER'S ALLOWANCE)*:6,Wo.&} m 88 kALL BIDS ARE PRESUMED TO INCLUDE ALL APPLICABLE TAXES.CONTRACTOR IS RESPONSIBLE FOR ENSURING THAT ALL MATERIALS CONTAINED IN THE PLANS FOR THE PROJECT ARE BID ON THE PRICE SHEET. C-4 TOWN OF FOUNTAIN HILLS -SAGUARO BLVD PALISADES BLVD TRAFFIC SIGNAL IMPROVEMENTS REVISED PRICE SHEET 10/06/2014 -ADDENDUM NO.1 T5011 SCHEDULE B BID ITEM NUMBER ITEM DESCRIPTION UNIT QUANTITY UNIT COST TOTAL 105.80000 CONSTRUCTION SURVEYING LS 1 So/oc.CO <5&r>o.f)6 107.02000 AZPDES PERMIT LS 1 SSO.CO Ssom 109.09000 MOBILIZATION/DEMOBILIZATION LS 1 AOcco.no /o.cno.na 112.01000 CONTRACTOR QUALITY CONTROL LS 1 Booo&8000^ 301.01000 SUBGRADE PREPARATION SY 2,427 J.bo fo.3/0.££> 310.03150 AGGREGATE BASE COURSE,6"THICK SY 2,427 b.SO /S.-77S.<50 321.00202 ASPHALT CONCRETE PAVEMENT SURFACE COURSE.A-12.5 EVAC, 2"THICK SY 2,427 f-OD /9.V/6.0O 321.00302 ASPHALT CONCRETE PAVEMENT BASE COURSE,A-19 EVAC,2" THICK SY 2,427 <?:C&/9.<//t"Od 329.02000 BITUMINOUS TACK COAT Ton 1 7AS.O&7JLSOO 340.01110 VERTICAL CURB &GUTTER,MAG DET.220,TYPE A, H=6"LF 420 rXO.0d j-yco.oo 340.01150 SINGLE CURB,MAG DET.222,TYPE A LF 34 noo S7<?.Ob 340.01210 CONCRETE SIDEWALK,MAG DET.230 SF 952 :Zot>JLJtf^.Oo 340.01217 CONCRETE MEDIAN NOSE TRANSITION PER MAG DET.223 EA 2 J-jzr.eo S/o.nA 340.01304 DIRECTIONAL SIDEWALK RAMP PER CITY OF SCOTTSDALE DET 2232 EA 2 /zap.OO $Yco.on 340.01305 DIRECTIONAL SIDEWALK RAMP RETROFIT,TYPE A,PER CITY OF SCOTTSDALE DET 2233-1 EA 3 /U0.O0 3£?o0.sv 340.01306 DIRECTIONAL SIDEWALK RAMP RETROFIT,TYPE B,PER CITY OF SCOTTSDALE DET 2233-2 EA 1 /ae>o.oO /£oci<x> 340.01307 MID-BLOCK SIDEWALK RAMP,TYPE B PER CITY OF SCOTTSDALE DET 2235-2 EA 1 /coo.00 /boo.od 340.01390 DETECTABLE WARNING PRE-CAST SLAB,TERRA COTTA COLOR SF 50 Jlb.OO /3m €6 345.00020 ADJUST FHSD VAULT PER DETAIL EA 1 /vmoo /yap.06 345.01100 ADJUST MANHOLE FRAME &COVER,MAG DET.422 EA 1 */O0.O0 yoo-06 345.01400 ADJUST VALVE BOX &COVER,MAG DET.391-1-C EA 3 <jc&.co /2.0O.O& 350.01300 REMOVE EXISTING AC PAVEMENT SY 2,297 3.3s '7 V6&.&S 350.01800 REMOVE CONCRETE CURB AND GUTTER LF 259 3.CO 777.0O 350.01801 REMOVE VALLEY GUTTER SF 2,147 /.3Z 3.2,20.<5d 350.01850 REMOVE CONCRETE WEDGE CURB LF 152 J.bd .19S.J26 350.01900 REMOVE SIDEWALK SF 1,525 /•b<D J </</aob 350.04001 REMOVE,SALVAGE AND DISPOSE TRAFFIC SIGNAL LS 1 $fscO.Ce SbCO.Qo 401.01000 TRAFFIC CONTROL LS 1 /of,000—/3,Oeo*? 465.02010 ILLUMINATED STREET NAME SIGN EA 4 iJoo.o&SO.Wd.Od 471.60045 NO.5 PULL BOX EA 2 3%S.CO 7-^O.vd 471.60047 NO.7 PULL BOX EA 6 V^o.od 3.7C0-Cb 471.60057 NO.7 PULL BOX W/EXTENSION EA 1 jgSO.cd Ss-o.vb 471.61112 SCH.40 PVC ELECTRICAL CONDUIT,2" W/%"NYLON PULL ROPE AND #8 BARE COPPER WIRE (TRENCH)LF 450 /aa></500.0b C-5 TOWN OF FOUNTAIN HILLS -SAGUARO BLVD PALISADES BLVD TRAFFIC SIGNAL IMPROVEMENTS REVISED PRICE SHEET 10/06/2014 -ADDENDUM NO.1 T5011 SCHEDULE B BID ITEM NUMBER ITEM DESCRIPTION UNIT QUANTITY UNIT COST TOTAL 471.61113 SCH.40 PVC ELECTRICAL CONDUIT,2" W/Y/NYLON PULL ROPE AND #8 BARE COPPER WIRE (HORIZONTAL BORE)LF 100 ¥Sco yso&.@cj 471.61312 SCH.40 PVC ELECTRICAL CONDUIT,3" W/V4"NYLON PULL ROPE AND W/ # 8 BARE COPPER WIRE (TRENCH)LF 100 A.%F>0 ArZOC/m 471.61313 SCH.40 PVC ELECTRICAL CONDUIT,3" W/Va NYLON PULL ROPE AND W/#8 BARE COPPER WIRE (HORIZONTAL BORE)LF 1,050 ai.co 3&.SS0.& 472.61100 POLE FOUNDATION,TYPE A,ADOT DTL T.S 4-1 EA 4 7CC.CD JAoo Cd 472.61400 POLE FOUNDATION,TYPE K OR R,ADOT DTL T.S.4-9 OR 4-11 EA 4 £Sao.a>7 0,000.00 472.61500 POLE FOUNDATION,TYPE PB (PUSH BUTTON), ADOT DTLT.S. 4-22 EA 2 (jccod A£oa oo 473.61000 6'X 6'DETECTOR LOOP EA 5 foCOCD 3.COOOCS 473.73000 PEDESTRIAN PUSH BUTTON W/SIGN EA 8 Soo.oo ¥coo^ 473.73010 AUDIBLE PEDESTRIAN PUSH BUTTON W/SIGN EA 2 US&.OO /.aoo.ob 474.60750 TYPE R SIGNAL POLE W/45'MAST ARM,ADOT T.S.4-11 EA 3 79OO.O0 £3 2 Z>O.Oo 474.60760 TYPE R SIGNAL POLE W/50'MAST ARM,ADOT T.S.4-11 EA 1 7C?CO Od 70>co.Oo 475.83020 PRE-EMPTION EQUIPMENT LS 1 9pfaDO 9/OOO^oc 476.61212 12"SIGNAL INDICATION,TYPE T SIGNAL FACE W/TYPE II PLUMBIZER MOUNTING ASSEMBLY EA 8 teOO.OO ¥f0D.no 476.61213 12"SIGNAL INDICATION,TYPE 'F'SIGNAL FACE W/TYPE V MOUNTING ASSEMBLY EA 8 9ooo7>r73_O0.OQ 476.61214 12"SIGNAL INDICATION,TYPE F SIGNAL FACE W/TYPE VII MOUNTING ASSEMBLY EA 1 A3CO.CO A3CO.oo 476.61215 12"SIGNAL INDICATION,TYPE 'F'SIGNAL FACE W/ASTRO BRACK MOUNTING ASSEMBLY EA 1 niSTno 77S.0O 476.62015 PEDESTRIAN SIGNAL INDICATION W/TYPE V MOUNTING ASSEMBLY EA 8 A^so.oo S,£O0.0O 477.61200 LUMINAIRE,MAST ARM 20'EA 4 /.700.CO L>tfo)d.do 478.01000 ELECTRICAL CONDUCTORS LS 1 17,COC OO 17,000.00 485.20000 VIDEO DETECTION SYSTEM (4-CAMERA)LS 1 Jfooo.oO #t,ooa d£> SCHEDULE B TOTAL BASE BID*:3frstf& *ALL BIDS ARE PRESUMED TO INCLUDE ALL APPLICABLE TAXES.CONTRACTOR IS RESPONSIBLE FOR ENSURING THAT ALL MATERIALS CONTAINED IN THE PLANS FOR THE PROJECT ARE BID ON THE PRICE SHEET. C-6 2223503.1 EXHIBIT D TO INVITATION FOR BIDS NO.DS2015-102 [Federal Requirements] See following page. Not applicable to this Project. 2223503.1 EXHIBIT E TO INVITATION FOR BIDS NO.DS2015-102 [Licenses;DBE/WBE Status] See following page. LICENSES;DBE/WBE STATUS Saguaro Boulevard Reconstruction DS2015-102 Attach a copy of your Contractor's License to your bid submittal. Attach a copy of your Business License to your bid submittal. * Business License must be either a Town of Fountain Hills Privilege Tax Business License or an Arizona Transaction Tax (sales)Privilege Tax License Has your firm been certified by any jurisdiction in Arizona as a minority or woman owned business enterprise? Yes , No u^. If yes, please provide details and documentation of the certification. 2223503.1 Contractor Information ROC074063 Nesbitt Contracting Co Inc A COMMERCIAL 0740... Page 1 of 1 DISCLAIMER The data supplied below is based on your specific request(s)and is correct to (he best of our knowledge as of the date and time it was extracted from our data files. The information is provided without personal research or analysis.The data is subject to change on a daily basis. You may obtain additional public records related to any licensee, including dismissed complaints and nondisciplinary actions and orders,by contacting the ROC directly.If this information is required for iegal purposes,you may request an affidavit or certified copies for a fee as specified in A.R.S.32-1104A3.Please read our Standard Disclaimer at www.azroc.gov/Legal/Disclaim.html Please note: The company or individuals listed on this license may hold other Arizona contracting licenses.To view information,status and complaint history for the past two years on other licenses held, go to the License Inquiry page and do a "Company Name and Personnel"search by entering the name of the company or individuals listed on the license. Details for License Number 074063 (Thursday,October 16,2014 1:32:59 PM) Contractor License Name/Address/Phone Status/Action Class |Type |Entity Issued/Renewal Nesbitt Contracting Co Inc CURRENT 100 S Price Rd Tempe,AZ 85281-3118 Phone:(480)894-2831 A |COMMERCIAL |CORPORATION First Issued:12/31/1987 Renewed Thru: |06/30/2016 | License Class &Description A GENERAL ENGINEERING r Comments • [TEMP LIC ISSUED 7/87]»[SEE MASTER FILE FOR ADD'L OFFICERS]•[SUSP 1/13/03 -1/14/03 LACKOF BOND] Qualifying Party and Personnel The Qualifying Party listed below is associated with this license.All other persons named,if any, are associated with the company.They are not all necessarily associated with this license. Name James Larkin Nesbitt Name Michael James Elliott Position OFFICERPositionQP/OFFICER |Qual.Date 12/31/1987 | Name John Andrew Nesbitt Name Steven L Roulo Position OFFICER Position OFFICER Name Thomas James Nesbitt Position FORMER QP/OFFICER |Inactivation Date 07/27/1994 | Complaint Information Complaints against this contractor are listed below.Complaints that were cancelled,resolved or settled without a corrective work order or dismissed are not included.Contactthe Registrar of Contractors at 602-542-1525 or toll-free statewide at 1-877-MY AZROC (1-877-692-9762)to identify the ROC office location you need to visit to view complete complaint documentation. Open:0 Closed Cases Disciplined:0 Resolved/Settled/. Withdrawn: Denied Access:0 This is the number of complaints against this contractor that are currently open except those in which an agency inspection has not occurred or a violation was not found.Upon adjudication some complaints are found to be without ment and are dismissed. This is the number of complaints that resulted in discipline against this contractor. This is the number of complaints closed against this contractor that were resolved or settled by the contractor or withdrawn by the complainant after issuance of a corrective work order or formal citation. This is the number of complaints against this contractor that were closed without corrective work being performed because the contractor was denied access by the complainant. Bankruptcy:0 Thisis the number ofcomplaints against this contractorthat were closed because the contractor is inbankruptcy Bond [ 1 ]Information Effective Amount Paid Available 01/14/2003 $90,000.00 Number SF5764 Number 11127218763 Number 5085989 Effective 07/01/1993 Effective 07/01/1991 Cancelled 01/13/2003 Cancelled 07/25/1993 $0.00 $90,000.00 Bond [ 2 ]Information Amount Paid Available $90,000.00 $0.00 $90,000.00 Bond [ 3 ]Information Amount Paid Available $90,000.00 $0.00 $90,000.00 http://www.azroc.gov/forms/details.asp?license=074063 Company ST PAUL FIRE &MARINE INS CO Company THE AMERICAN INSURANCE COMPANY Company HARTFORD FIRE INSURANCE CO Notes Notes Notes 10/16/2014 ?. POST IN A CONSPICUOUS PLACE Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, AZ 85268 (480)816-5100 BUSINESS LICENSE THIS LICENSE EXPIRES 08/31/2015 License Number 4952 Account Number:2753 Business Name: NESBITT CONTRACTING CO,INC Mailing Address:10o SOUTH PRICE RD TEMPE AZ 85281 Physical Address:100 SOUTH PRICE RD TEMPE AZ 85281 Nature of Business:CONSTRUCTION Date Issued:September 24,2014 Town Clerk Total Paid:50.00 In accordance with Town of Fountain Hills,Arizona Town Code,Chapter 8 as added or amended,the person or firm is hereby authorized to conduct business in the Town of Fountain Hill.This License is NON-Transferable 2223503.1 EXHIBIT F TO INVITATION FOR BIDS NO.DS2015-102 [References] See following page. REFERENCES Saguaro Boulevard Reconstruction DS2015-102 Provide the following information forthreeclientsfor whomBidderhas successfully completed similar projects as set forth in Section2.16 within the past 60 months. Failureto provide three accurate and suitablereferenceswill resultin disqualification.Biddermayalso attachanothersheetwithadditional references. City of PhoenixCompany: Address City/State/Zip Code Contact: Telephone Number: Date of Contract Initiation:10/25/13 1033 E.Madison St Phoenix,AZ 85033 David Bradley 602-206-0446 Date ofContract Expiration:4/7/14 Final Project Cost:1.247,107.00 Project Description:2013 Residential Overlay JOA 24 2.Company: Address City/State/Zip Code Contact: Telephone Number: Date of Contract Initiation: Dateof Contract Expiration:3/06/14 Final Project Cost:2.646.911.00 Project Description:SR 587-SR 87 to JCT 1-10,AC Mill &Overlay with Onardra-n Improvements 3.Company: Address City/State/Zip Code Contact: Telephone Number: Arizona Department of Transportation 1651 W.Jackson 121 F Phoenix AZ 85007 Adam Brahn 602-712-2302 7/17/13 City of Tempe 31 E.Fifth St. Tempe AZ 85280 Toby Crooks 480-350-8565 Dateof Contract Initiation:5 /09/13 Date of Contract Expiration:7/31/13 Final Project Cost:1,041,771.00 Project Description:Resurface Baseline Rd,Darrow to Rural 2223503.1 2223503.1 EXHIBIT G TO INVITATION FOR BIDS NO.DS2015-102 [Bid Bond] See following page. BID BOND Saguaro Boulevard Reconstruction DS2015-102 KNOW ALL PERSONS BY THESE PRESENTS: THAT,NESBITT CONTRACTING CO.,INC (hereinafter called Principal),as Principal,and travelers casualty and surety company of America ,a corporation organized and existingunder the laws of the State of Connecticut withits principal office in the City of hartford ,(hereinafter called the Surety),as Surety, are held and firmly bound unto the Town of Fountain Hills,(hereinafter called the Obligee)in the penal sum of Ten Percent (10%)of Bid Amount,ten percent (10%)of amount bid (Dollars)($10%)lawful money of the United Statesof America,to be paid to the order of the Town of Fountain Hills, for the payment whereof,the said Principal and Surety bind themselves,andtheir heirs,administrators,executors,successors and assigns,jointly and severally,firmlybythesepresentsandin conformance withA.R.S.Section 34-201. WHEREAS,the Principal has submitted a bid/proposal for:saguaro boulevard reconstruction , NOW,THEREFORE,if the Obligee acceptsthe proposal of the Principal and thePrincipal enters into a Contractwith the Obligee in accordance with the terms of the proposal and gives the Bonds and Certificates of Insurance as specified inthe Standard Specifications withgoodand sufficient surety forthe faithful performance of the Contract and for thepromptpaymentof laborand materials furnished in the prosecution of the Contract,or in the event of the failureofthe Principalto enter into the Contract andgivethe Bonds and Certificatesof Insurance, if the Principal pays to the Obligee the difference not to exceed the penalty of the Bond between the amount specified in the proposal andsuch larger amount for which the Obligee may in good faith contract with another party to perform the Work covered bythe proposal then this obligation is void.Otherwise it remains in full force and effect provided,however,that thisBond is executed pursuant to the provisions of Section 34-201,Arizona Revised Statutes, and all liabilities on this Bond shall be determined in accordance with the provisions of the section to the extent as if it were copied at length herein. The prevailing partyin a suitonthis bond shall recover as partofthejudgment reasonable attorney fees that may be fixed by a judge of the Court. Witness our handsthis 22ND day of OCTOBER 20 14 . NESBITT CONTRACTING CO.,INC. 2223503.1 Principal Seal By:Xp ;g^^-J^fcC Jamfes\L.Nesbitt,President TRAVELERS-CASUALTY AND SURflX GOMPAMXgF Ai !";(: Surety WILLIAM J.PASSEY,ATTORNEY-IN-FACT PASSEY-BOND CO.,INC. Agency of Record travelers; WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Attorney-In Fact No. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Fire and Marine Insurance Company St.Paul Guardian Insurance Company 228371 St.Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No.006026539 KNOW ALL MEN BY THESE PRESENTS:That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a coiporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint William J. Passey, Debbie Lavo,Christina Shriner, Michael W.Hubay,and Dave Mathews of the City of.Mesa _,State of.Arizona ,their true and lawful Attorney(s)-in-Fact, each in their separatecapacity if more than one is named above, to sign, execute, seal and acknowledgeany and all bonds, recognizances,conditionalundertakingsand other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeingthe performanceof contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this . day of August .2014 , 19th State of Connecticut City of Hartford ss. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Fire and Marine Insurance Company St.Paul Guardian Insurance Company Cassis? St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company On this the 19th day of August 2014 t before me personally appeared Robert L.Raney,who acknowledged himself to betheSeniorVice President of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fireand Marine Insurance Company,St.Paul Guardian Insurance Company,St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,andthat he,assuch,being authorized sotodo,executed the foregoing instrument forthe purposes therein contained by signing onbehalfof the corporations byhimselfasa duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. 58440-8-12 Printed in U.S.A. ^"Marie C.Tetreault,Notary Public WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authoiity of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company.Fidelity and Guaranty Insurance Company.Fidelity and Guaranty Insurance Underwriters,Inc., St. Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company. St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Coiporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or (b) duly executed (under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for puiposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned.Assistant Secretary, of Farmington Casualty Company. Fidelity and Guaranty Insurance Company. Fidelity and Guaranty Insurance Underwriters.Inc., St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF.I have hereunto set my hand and affixed the seals of said Companianiesthisg^jLyof OC^^>e C .20 L^f t^- Kevin E. Hughes, Assistant Secretary \V-•'x*'f i*SMI*; To verifythe authenticity of this Powerof Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-in-Fact number,the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER m m* m Wittm JiF IIP mm wu Willi 1^ STATE OF ARIZONA DEPARTMENT OF INSURANCE CERTIFICATE OF AUTHORITY I,JOHN A. GREENE,Director of Insurance of the State of Arizona,do hereby certify that TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Domiciled in Connecticut NAIC NO.31194 is hereby authorized,subject to the provisions thereof and the Charter Powers of said Company,to transact the business of: CASUALTY WITH WORKERS*COMPENSATION DISABILITY MARINE AND TRANSPORTATION PROPERTY SURETY VEHICLE insurance within the State of Arizona until terminated at the request of the insurer or suspended or revoked by the Director of Insurance. Arizona Revised Statute §20-217 (C)states: A Certificate of Authority remains the property of the State of Arizona.Upon termination at the request of the insurer or revocation by the Director of Insurance,the insurer shall immediately deliver the Certificate of Authority to the Director of Insurance. In TESTIMONY WHEREOF,I have hereunto set my hand and affixed the official seal of the Director of Insurance at the City of Phoenix.The effective date of tin's Certificate is Ju1\l 1,1997. E146 (01/97) aumsa G. John A.Greene Director of Insurance ffimewmmmmfmmmsmwsmmsmmm^ 2829** 000843 •';.•:'/•'•'•'••:'.-i«v,"* '| r. MB PL mm lli mm Hag Sir pi •".'•••."•*»'.'•>.'••; jT vm mm •?„„•<!!„•,..',•; top I A,R-I Z/' ,...-v ^I^gBlMENT OF INSURANCE . Tm0W:W^THAT THIS INSTRUMENT IS A FULL,TRUE AND CORRECT COPY OF THE ORIGINAL ELECTRONICALLY FILED WITH THE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS AND CONSISTS OF. 1 PAGE(S) HEREUNTO SET MY HAND AND THE OFFICIAL SEAL OF THIS DEPARTMENT FOR THE DIRECTOR OF INSURANCE THIS 14 JANUARY 2013. RERRESENTATIVE 282944 CERTIFICATE NO. 2223503.1 EXHIBIT H TO INVITATION FOR BIDS NO.DS2015-102 [Key Personnel/Subcontractor Listing] KEY PERSONNEL/SUBCONTRACTOR LISTING Saguaro Boulevard Reconstruction DS2015-102 Key Personneland Subcontractors listed herein shall be utilized on this Project. Category: Nesbitt -Project Manager Nesbitt -Project Foreman Bill Olson 602-339-0062 Milling Survey Striping Quality Control Masonry Fountain Work Adjustments Signs Landscaping Traffic Control Waterline Pipe Electric. Community Relators 2223503.1 Personnel/Subcontractor Name,Contact Information: Andy Jamrogiewicz 480-423-7647 Arizona Pavment Profiling,Jack Sawyer 480-966-6094 Sage Surveying Mike Tholl 480-270-1538 Roadsafe Albert Latz 602-243-1218 ACS Sean Mayfield 480-968-0190 Ferdig Masonry Doug Ferdig 602-291-0053 Art Hines Aquatic Art Hines 480-577-3640 Specialty Gary Waugh 623-582-2385 Specialty Gary Waugh 623-582-2385 NBC Rich Goebl 602-768-3825 Auza David Auza 602-870-6679 Axiom Tracy Brisbin 623-594-8001 ATS Mark Mahc 602-791-4194 ACS Terry Smith 602-264-4611 2223503.1 EXHIBIT I TO INVITATION FOR BIDS NO.DS2015-102 [Performance Bond] See following page. PERFORMANCE BOND Saguaro Boulevard Reconstruction DS2015-102 KNOW ALL PERSONS BY THESE PRESENTS: THAT,(hereinafter called Principal),as Principal, and , a corporation organized and existing under the laws of the State of , with its principal office in the City of (hereinafter called the Surety), as Surety, are held and firmly bound unto the Town of FountainHills(hereinaftercalledthe Obligee) in the amount of (Dollars) ($), for the payment whereof, the said Principal and Surety bind themselves, and their heirs,administrators,executors, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written Contract with the Obligee, dated the day of 20 , for the material,service or construction described as is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal faithfully performs and fulfills all of the undertakings, covenants, terms, conditions and agreements of the Contract during the original term of the Contract and any extension of the Contract, with or without notice to the Surety, and during the life of any guaranty required under the Contract, and also performs and fulfills all of the undertakings, covenants, terms, conditions and agreements of all duly authorized modifications of the Contract that may hereafter be made, notice of which modifications to the surety being hereby waived, the above obligation is void.Otherwise it remains in full force and effect. PROVIDED, however, that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2,Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the provisions of Title 34,Chapter 2, Article 2,Arizona Revised Statutes, to the extent as if it were copied at length in this agreement. The prevailing party in a suit on this bond shall recover as part of the judgment reasonable attorney fees that may be fixed by a judge of the Court. Witness our hands this day of 20 . 2223503.1 Principal Seal By: Surety Seal By: Agency of Record 2223503.1 EXHIBIT J TO INVITATION FOR BIDS NO.DS2015-102 [Payment Bond] See following page. PAYMENT BOND Saguaro Boulevard Reconstruction DS2015-102 KNOW ALL PERSONS BY THESE PRESENTS: THAT,(hereinafter called Principal), as Principal, and , a corporation organized and existing under the laws of the State of , with its principal office in the City of (hereinafter called the Surety), as Surety, are held and firmly bound unto the Town of Fountain Hills (hereinafter called the Obligee) in the amount of (Dollars) ($), for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,jointly and severally,firmly by these presents. WHEREAS, the Principal has entered into a certain written Contract with the Obligee, dated the day of 20 , for the material, service or construction described as which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH,that if the Principal promptly pays all monies due to all persons supplying labor or materials to the Principal or the Principal's Subcontractors in the prosecution of the Work provided for in the Contract, this obligation is void. Otherwise it remains in full force and effect. PROVIDED,however,that this bond is executed pursuant to the provisions of Title 34,Chapter 2, Article 2,Arizona Revised Statutes,and all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of Title 34,Chapter 2,Article 2,Arizona Revised Statutes,to the same extent as if they were copied at length in this agreement. The prevailing party in a suit on this bond shall recover as a part of the judgment reasonable attorney fees that may be fixed by a judge of the Court. Witness our hands this day of , 20 . 2223503.1 Principal Seal By: Surety Seal By: Agency of Record 2223503.1 EXHIBIT K TO INVITATION FOR BIDS NO.DS2015-102 [Acknowledgments of Addenda received] See following page(s). TOWN OF FOUNTAIN HILLS ACKNOWLEDGMENT OF ADDENDA RECEIVED INVITATION FOR BIDS SAGUARO BOULEVARD RECONSTRUCTION (DS2015-102) Addendum No.1 Nesbitt Contracting Co.,Inc ,affirms that ADDENDUM No. 1 has been (Name of Vendor/Designee) received and that the information contained in ADDENDUM No. 1 has been incorporated in formulating the Vendor's Offer. Oct 17,2014 Signed /Date James L.\Nesbitt Print Name President Title Nesbitt Contracting Co.,Inc Company Name 100 S.Price Rd Address Tempe,T\v.R53R1 City,State,Zip Code 2250946. END OF ADDENDUM No.1 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT INVITATION FOR BIDS SAGUARO BOULEVARD RECONSTRUCTION (DS2015-102) Addendum No.1 Date:October 13,2014 From: Paul Mood,Development Services Director Subject:Addendum No. 1to Solicitation No.DS2015-102 Bid Deadline:October 22, 2014; 3:00 p.m. (local time,Phoenix,Arizona) SCOPE This Addendum forms a part of the Contract and clarifies,corrects,or modifies the original Invitation for Bids document prepared by the Town of Fountain Hills.Acknowledge receipt of this addendum in the space provided on the attached "Acknowledgment of Addenda Received" form. This acknowledgement must accompany the submitted bid. Failure to do so may subject the bidder to disqualification. This Addendum No. 1 consists of (i)modifications to Section 2.10 (Taxes),Section 3.11(B)(5) (Builder's Risk Insurance), Section 3.53(E)(Payment for Public Notification),Exhibit A (Specifications, Plans/Construction Drawings) and Exhibit C (Price Sheet) and (ii) the addition of Geotechnical Reports for the Invitation for Bids No.DS2015-102 released on September 17,2014. ADDENDUM 1. Section 2.10 (Taxes) is deleted in its entirety and replaced with the following: The Town is exempt from Federal Excise Tax, including the Federal Transportation Tax. Sales tax, if any, shall be included in the unit price for each line item. It shall not be considered a lump sum payment item. It is the sole responsibility of the Bidder to determine any applicable State tax rates and calculate the Bid accordingly.When calculating the tax on the Bid, the Bidder should not include tax on any allowances.Failure to accurately tabulate any applicable taxes may result in a determination that a Bid is non- responsive. The Bidder shall not rely on, and shall independently verify, any tax information provided by the Town. 2250946.1 2. Section 3.11(B)(5)(Builder's Risk Insurance) is deleted in its entirety and replaced with the following: Intentionally omitted. 3. Section 3.53(E) (Payment for Public Notification) is deleted in its entirety and replaced with the following: The Contractor will perform community relations in accordance with the Notification Plan and shall include, but is not limited to, the "Dear Neighbor" letters;bi-monthly progress reports; meetings with impacted businesses, residents,schools,churches or other groups;scheduling newsletters when necessary (at least monthly);and temporary signs for local access.The project hotline will be maintained by the Engineer's Public Involvement subconsultant.No separate payment will be made for community relations. The cost of community relations shall be considered included in other contract items. 4.Exhibit A (Specifications,Plans/Construction Drawings)is hereby amended as set forth in Exhibit 1,attached hereto and incorporated herein by reference. 5. Exhibit A (Specifications,Plans/Construction Drawings)is hereby amended by adding the Geotechnical Engineering Report for Drainage and Street Improvements for Saguaro Boulevard at Four Sites,dated June 23, 2014,attached hereto as Exhibit 2 and incorporated herein by reference. 6.Exhibit A (Specifications,Plans/Construction Drawings)is hereby amended by adding Supplement No. 1 to Geotechnical Engineering Report for Drainage and Street Improvements for Saguaro Boulevard at Four Sites,dated July 3,2014,and approved by the Town of Fountain Hills on July 9,2014,attached hereto as Exhibit 3 and incorporated herein by reference. 7.Exhibit C (Price Sheet)is deleted in its entirety and replaced with the Price Sheet attached hereto as Exhibit 4 and incorporated herein by reference. 2250946.1 2250946.1 EXHIBIT 1 TO ADDENDUM NO.1 TO INVITATION FOR BIDS NO.DS2015-102 [Specifications, Plans/ConstructionDrawings] See following pages. Saguaro Boulevard Addendum No.1 October 10,2014 Additions and Revisions to the Technical Specifications: On Page 11 of the Technical Specifications:INSERT the following: Section 107.5.1 is replaced with thefollowing: 107.5.1 Asbestos Materials:Asbestos materials are anticipated to be encountered (e.g. pipe removal work).The Contractor shall comply fully with the Arizona Administrative Code, A.A.C.Rl 8-2-901 and any other local,state,and federal regulations.An extension of contract time will not be granted for any delay resulting from the asbestos material. There is no separate measurement or payment for any labor,equipment,and materials necessary for asbestos materials. On Page 13 of the Technical Specifications:INSERT the following: MAG SECTION 111 VALUE ENGINEERING PROPOSALS Proposals may be submitted to the Construction Manager/Town for modifying the plans, specifications,or other requirements of the contract for the sole purpose of reducing the total costs of construction without impairing in any manner the essential functions or characteristics of the project,including service life,economy of operations,ease of maintenance,benefits to the traveling public,desired appearance or design and safety standards. After execution of the contract,an initiative may be recommended by the contractor.The initiative must be identified as a Value Engineering Proposal,and may include modifications to the plans or specifications,construction phasing or procedures,or other contract requirements. Any cost savings generated to the contract as a result of Value Engineering Proposal offered by the contractor and approved by the Town will be shared equally between the contractor and the Town. Bid prices are not to be based on the anticipated approval of a Value Engineering Proposal.If a Value Engineering Proposal is rejected, the contract shall be completed in accordance with the original terms of the contract or as otherwise modified. Any decision whether to approve or accept a Value Engineering Proposal shall be within the sole discretion of the Town. The Town will bear no liability for any delay in considering a Value Engineering Proposal, the refusal to accept or approve such a proposal, or any other matter connected with a Value Engineering Proposal. On Page 16 of the Technical Specifications,Section 301.2.2 Base Material:DELETE paragraph beginning "The subgrade surface to receive aggregate base course " and REPLACE with the following paragraph: The subgrade surface to receive aggregate base course material shall be proof rolled after the top 8 inches of the subgrade meets the compaction requirements, and after the subgrade has been brought to approximate shape within 0.1 feet of the lines and grades required by the project Page 1 of 10 Saguaro Boulevard Addendum No.1 October 10,2014 plans. The scarified soils must have a compacted thickness of at least 8 inches and must be compacted to at least 95%of its maximum ASTM D698 dry density.Any subgrade soils which are pumped should be removed, replaced,rescarified and allowed to dry and then recompacted to the final thickness of 8 inches.Proof rolling shall be performed immediately following subgrade compaction operations. During subgrade preparation,existing concrete encasement of shallow utilities may be encountered.The Contractor shall be responsible for protecting these concrete encasements in place. An extension of contract time will not be granted for any delay resulting from performing subgrade preparation near existing concrete encasement of shallow utilities. There is no separate measurement or payment for any labor,equipment,and materials necessary for work associated with protecting these concrete encasements in place. On Page 18 of the Technical Specification,MAG Section 340 Concrete Curb,Gutter, Sidewalk,Sidewalk Ramps,Driveway and Alley Entrance,Section 340.6 Payment:ADD the following paragraphs: There is no separate measurement or payment for any grading and/or restoration of existing landscape and improvements (e.g.mailboxes,etc.)necessary for new curb construction.The cost shall be considered included in other contract items. In areas where curb replacement is adjacent to existing attached sidewalk, the Contractor shall protect the existing sidewalk. Any damage to existing sidewalk,not specifically identified on the construction plans for replacement,shall be replaced at the Contractor's expense to the satisfaction of the Construction Manager/Town. On Page 36 of the Technical Specifications,MAG Section 430 Landscaping and Planting, Section 430.8 Plant Guarantee and Maintenance:DELETE second paragraph beginning "The Contractor shall maintain landscape " and REPLACE with the following paragraph: The Contractor shall maintain landscape work until final acceptance. On Page 37 of the Technical Specifications,MAG Section 430 Landscaping and Planting, Section 430.8 Plant Guarantee and Maintenance:DELETE second to last paragraph "All plant material and installation shall be 100 percent guaranteed by the Contractor for a period of 365 Calendar Days beginning at the start of the Plant Establishment Period." On Page 38 of the Technical Specifications,MAG Section 430 Landscaping and Planting, Section 430.9 Plant Establishment Period:DELETE first paragraph beginning "The Contractor shallrequest an inspectionby " and REPLACE with the followingparagraph: Page 2 of 10 Saguaro Boulevard Addendum No.1 October 10,2014 The Contractor shall request an inspection by the Construction Manager when the Contractor believes the landscape work is substantially complete and the planting and related work is complete. After this initial inspection, and subject to his approval of the work, the Construction Manager will issue written notification of final acceptance to the Contractor setting the effective, beginning date for the Plant Establishment Period. The Plant Establishment Period shall be for a period of 90 Calendar Days from final acceptance,but is subject to extension by the Construction Manager/Town if the Contractor improperly maintains the landscape planting, appreciable plant replacement is required, or other corrective work becomes necessary. This work is incidental to other bid items within this section and there is no separate payment for the Plant Establishment Period. All trees shall be warranted for a period of 365 days. Contractor shall provide a source list of nurseries providing tree material,along with proof of plant warranty for each tree species provided.Should a tree require replacement outside of the 90 calendar day establishment period, but within the 365 calendar day warranty period, the Town will be responsible for all labor,materials,and equipment necessary for tree replacement. On Page 79 of the Technical Specifications,MAG Section 479 Electrical System,Section 479.2 Construction Requirements:DELETE third paragraph "Concrete shall be Class "A", 2500 psi." and REPLACE with the following paragraph: Concrete shall be Class "A"concrete,3000 psi at 28 days. On Page 94 of the Technical Specifications,MAG Section 610 Water Line Construction: INSERT the following: 610.2 GENERAL:is modified to add: EPCOR potable water line construction as detailed on Sheets 84 through 88 shall be completed by one of the following EPCOR approved contractors: Auza Degan Carume Apache Pierson Hunter Garney TPL Markham Swengel-Robbins Felix MGC Sundt Western Water Works Page 3 of 10 Quest Talis JWise Achen Gardner Saguaro Boulevard Addendum No.1 October 10,2014 On Page 97 of the Technical Specifications,MAG Section 631 Water Taps and Meter Service Connections:DELETE this section. Additions and Revisions to the Project Plans: Plan Sheets 3, 76, 77, 82, 85, 86, 87, and 88 have been revised. Please replace plan sheets 3, 76, 77, 82, 85, 86, 87, and 88 with the attached plan sheets,and be guided accordingly. Questions and Answers Ql:Is it possible to rename the first section (C-l thru C-4)schedule "A"and name the schedule on the following pages C-l thru C2 as schedule "B"?Also change Alternate A on C-2 (second set) to item Alternate "B"? Al:Yes.See Revised Price Sheets. Q2: Is it possible to renumber the bid schedule pages (C-l thru C-4 and C-l thru C-2) as C-l thru C-6 in lieu of having 2 C-l & 2 C-2? A2:Yes.See Revised Price Sheets. Q3:What is the line item "Total Base Bid"shown on the second set of C-2? A3:Removed.See Revised Price Sheets. Q4: What line items make-up the "Subtotal Base Bid +Subtotal Bid Alternate A" line shown on the second set of C-2? A4:Removed.See Revised Price Sheets. Page 4 of 10 Saguaro Boulevard Addendum No.1 October 10,2014 Q5: What line items make-up the "Total Bid Alternate A" line shown on the second set of C-2? A5:Removed.See Revised Price Sheets. Q6: On sheet 2 of the Drawings, Note 4 of the General Notes, the contractor is to submit final as-builts on Mylars. Who supplies the Mylars? A6: The Contractor will be responsible for supplying certified redlined construction record drawings throughout construction to the Construction Manager. The development of the final as-builts (i.e.mylars/bond in addition to an electronic copy) will be addressed by the Construction Manager/Engineer. Q7: How is the asphalt patch paid referred to on sheet 2,General Notes #14? A7:Assuming this comment is directed to Note 17,not Note 14. No direct measurement or payment will be made for asphalt patch; the cost shall be considered included in other contract items. Q8: Is the intent to reuse the millings from the asphalt removal for the 8 inch RAP material without performing any screening/crushing? A8: The 8 inch RAP/Milled AC not meeting MAG 702 as shown on the Construction Drawings for Project S6010,Sheet 3, has been deleted.See Q29 and A29 for further explanation.In the event, the contractor enters into a Value Engineering submittal requesting 8 inch RAP/Milled AC,millings may be used as RAP provided the RAP is sampled and tested to determine it's gradation and Plasticity Index, and that the data is reviewed and approved by the Construction Manager/Town. Q9:What is the depth of the existing asphalt to be removed? A9: See RAMM Pavement Evaluation dated July 11,2012 provided with the IFB. Also,see the Geotechnical Engineering Report for Drainage and Street Improvements for Saguaro Boulevard at Four Sites dated June 23,2014 and the Supplement No. 1 dated July 3,2014 (approved by the Town of Fountain Hills on July 9,2014)included with Addendum No.1.Existing asphalt depth provided in these documents. Page 5 of 10 Saguaro Boulevard Addendum No.1 October 10,2014 Q10:The Technical Specifications Page 16 requires the subgrade to be scarified 12 inches. 12 inch scarification cannot be performed without removing the top 6 inches then scarifying 6 inches. This becomes very expensive and then there is a possibility of encountering utilities.Can that be changed to 8 inches scarification &compaction? A10: See Additions and Revisions to the Technical Specifications,Section 301.2.2 Base Material. Ql 1:Technical Spec Page 79 calls out for concrete to be Class A,2500 psi? All:See Additions and Revisions to the Technical Specifications,MAG Section 479 Electrical System,Section 479.2 Construction Requirements. Q12:Technical Specifications Sections 600,616 and 618 call out for backfill to be a slurry mix to 12 inches below asphalt grade. This conflicts with the detail shown on Drawing WR02 (Sheet 85)Trench Detail 350-1.Also, in conflict with Detail AC note #6 on Drawings SR03 (Sheet 91). A12:The specifications will govern as it relates to placement of slurry backfill. Q13:Technical Specifications Page 97 refers to Water Tap &Water Meter;however,I did not see on the plans any new meters or taps to be performed by the contractor? The note on plans says that to be done by EPCOR. The specifications on Page 98 say the contractor will perform that work? A13:See Additions and Revisions to the Technical Specifications,MAG Section 631 Water Taps and Meter Service Connections. Q14:There are several tree stumps called out to be removed. Is this incidental to the tree removal item? A14: The removal of tree stumps greater than 12 inches in diameter is included in Bid Item 201.01012.Tree removals that are 12 inches or less in diameter are considered incidental. Q15:How are the curb transitions paid? A15:Curb transitions are included in the curb bid items quantities and cost. Page 6 of 10 Saguaro Boulevard Addendum No.1 October 10,2014 Q16:Is it possible for a FHSD vault to be open for inspection after the pre-bid meeting so we can see what the extent of the adjustment may be? A16:FHSD provided vault access for contractors after the October 1,2014 Pre-Bid Meeting. Q17:The cut & remove 333 linear feet pipe - Is that the 12 inch for EPCOR Water on Sheet 88? A17:There will be pipe removal required for the storm drain construction.This bid item is for the necessary water and storm drain pipeline removal in order to construct the proposed catch basins and storm drains.See Revised Plan Sheets 86, 87, and 88. Pipe removal also includes the 5 linear feet of 36 inch CMP as shown on Sheet 53. The open ends of all abandoned waterlines shall be plugged with concrete prior to backfilling. Q18:The EPCOR waterline plans call out for 12 inch valves but none are listed in the bid schedule? A18:The following bid item is added to the Revised Price Sheets: 630.01112 12"Gate Valve w/Box &Cover Q19:There are 2 each 12 inch valves to remove (Note 5 Sheet 88) but no pay item? A19:No separate measurement or payment will be made for valve removals. Construction Drawings for Project S6010,Sheet 88,currently shows a valve removal for the existing valve located along the east leg of the Palisades Blvd/Saguaro Blvd intersection.This valve shall NOT be removed and instead be protected in place and adjusted to finished grade per M.A.G. Detail 391-1, Type C. The valve adjustment is already included in Bid Item 345.01400 for Project T5011.The existing valve located along the west leg of the Palisades Blvd/Saguaro Blvd intersection shall be removed as called out on the plans. See Revised Plan Sheet 88. Q20: Article 3.53 E Page 29 Says there will be an allowance item for community relations.There is an owners allowance but not for community relations.Will Page 7 of 10 Saguaro Boulevard Addendum No.1 October 10,2014 therebe a specificallowance established for communityrelations or willthis come out of the owner's allowance? A20:See Additions andRevisions to the Invitation for Bids,Article 3.53.E.Payment for Public Notification. Q21:Article 3.11 B.5.Page 15 Builders Riskis required unless expressly waived by the Town Manager.WillBuildersrisk be waivedor required? A21:See Additions andRevisionsto the Invitation for Bids,Article 3.11.B.5.Builder's Risk Insurance. Q22: Article 2.10 Page 6 Taxes states there is a separate bid item for sales tax. There is no bid item for sales tax. A22: See Additions andRevisionsto the Invitation for Bids,Article 2.10.Taxes. Q23: Sheet 76 (Drawings LI .2), Detail 4/L1.2 - Lists the rebar cage to be 2 feet- 4 inches in diameter but the footing is only 1 foot 4 inches? A23:See Revised Plan Sheet 76. Q24: Does the 270 days for the contract time represent calendar days? A24:Calendar days. See Article 1.9. Q25: Do pedestrian routes need to be maintained? A25:If there are sidewalk detours/closures,adequate signing needs to be provided to inform pedestrians. Q26:If the contractor shuts down one half of Saguaro Boulevard,can this portion of the roadway be utilized for the staging area? A26:Possibly.This would need to be coordinated prior to the beginning of construction with the Town. Staging areas near residential properties would not be allowed. Page 8 of 10 Saguaro Boulevard Addendum No.1 October 10,2014 Q33:Thereis potential significant grading and impacts to existing landscapeand improvements such as mailboxes behind the new curb construction.How is this paid for? A33: See AdditionsandRevisions to theTechnicalSpecifications,MAG Section 340 Concrete Curb, Gutter, Sidewalk, SidewalkRamps, Driveway and Alley Entrance,Section 340.6 Payment. Q34: What is the finish of the exposed face of the fountain to be? A34:Exposed face of concrete shall consist of a smooth trowel finish as can be seen on new fountains for the cuiTent construction of the Avenue of the Fountains median. Q35: Is the removal of wedge curb the same as the removal of extruded curb? A35:Yes. Q36: Sheet 76, Detail 4,LI .2 lists the rebar cage to be 2 feet 4 inches, but the footing is only 1 foot 4 inches? A36:See Revised Plan Sheet 76. Q37: On Bid Item 540.0000 Water Feature, item description list curbs as one of the items to include.Is that the curb retaining the pavers shown on Sheet 77,Detail 4,L1.3? A37:Yes.Please note that the retaining curb has been deleted as provided on Revised Plan Sheet 77. Q38:Will the Town be requiring 100%slurry backfill on the storm drain in the intersection of Saguaro Blvd and Panorama Blvd? A38: Yes. See Page 97 of the Technical Specification,MAG Section 318 Storm Drain Construction,Section 618.3 Coj Page 10 of 10 .'.' JEXSIOEWALK (SEE NOTE 1) ^-CCiiC'.ETE CURB &CUTTER MAG DET 220-1 TYPE "A". H=6" (SEE NOTE 2) CONCRETE CURB &GUTTER MAG DET 220-1 TYPE "A". H=<5" (SEE NOTE 2) saguaro blvd CST <t VARIES (110' ±TYPICAL) STA 17+31.79 TO 171+22.15 (LA MONTANA DR) VARIES (110' ± TYPICAL) -CONCRETE CURB &GUTTER MAG DET 220-1 TYPE "A". H= 6" (SEE NOTE 2) N PVMT STR r NO.1 (TYP) :CURB &GUTTERS MAG DET 220-1 TYPE "A", H= 6" (SEE NOTE 2) ^CONCRETE CURB tc GUTTER MAG OET 220-1 TYPE "A',H=6" (SEE NOTE 2) STA 171+22.15 (LA MONTANA DR) TO 212+37,46 (FOUNTAIN HILLS BLVD) !CT NO. 1 (TYP) CONCRETE CURB &GUTTER-^ MAG DET 220-1 TYPE "A",1-1 =6" (SEE NOTE 2) TO ACCOMPANY ADDENDUM NO.1 Kimley^Horn SKT TOTAL "ASPHALT CONCRETE SURFACE COURSE (A-12.5 EVAC) ~2"ASPHALT CONCRETE BASE COURSE (A-19 EVAC) ^EX SIDEWALK Us£E (SEE NOTE 1) NOTE 3 R/W TACK COAT S'ABC~ -COMPACTED SUBGRADE TOTAL THICKNESS •>10" STRUCTURAL SECTION NO 1 VE<! r—2"A&fEfCONCRETE/sijbJBe course J^^2.5 EVAC) S TACK cW^ f 8"RECYCIED ASPHAL T ~ \PAVEMEN 1/MILLED 'ASPHALT CONCRETE <NOT MEETING MAC SEC VON 702 ^*^f BASE COURSE (A-19 EVAC) IMPACTED SUBGRADE TOTAL THICKNESS =12" k ^^TRUCTURAL SECTION NO 1 (ALTy^^^ 1. WHERE OCCURS.GRADE TO EXISTING WHERE NO SIDEWALK OR DRIVEWAY CURRENTLY EXISTS(4:1 SLOPE. HOLD AT R/W LINE). i &GUTTER TO WHERE ATTACHED SIDEWALK OCCURS 'HERE ATTACHED SIDEWALK OCCURS CONCRETE ROLL^ CURB &GUTTER, MAG DET 220-1.TYPE C (SEE DETAIL D ON DWG DT03) 3.PRIOR TO CONSTRUCTING PROPOSED IMPROVEMENTS, CONTRACTOR SHALL RAKE EXISTING DECOMPOSED GRANITE OUTSIDE OF PROPOSED WORK AREA AND PROTECT.ONCE PROPOSED IMPROVEMENTS ARE COMPLETE.EXISTING DECOMPOSED GRANITE SHALL BE RESTORED BACK TO IIS ORIGINAL LOCATION. TYPICAL SECTIONS TOWN OF FOUNTAIN HILLS,ARIZONA SAGUARO BLVD RECONSTRUCTION TREVINO DR TO FOUNTAIN HILLS BLVD S6010 ENTRY SCREEN WALL AND PUMP ENCLOSURE -O- l GENTRY/ENCLOSURE SCREEN WALL ELEV. L1.2 )NOT TO 5CALE 2^PERFORATED METAL PANELS f--\CA5.Qh\BASKET COLUMN /^GABION BASKET WALL 14.2J NOT TO SGALE L1.2 1 NOT TO SCALE L1.2 J NOT TO SCALE mi 3 \METAL PANELS ATTACHMENT L1.2 I NOT TO SCALE 5UIGHT COLUMN DETAIL 7 VYP.WALL ENCLOSURE L1.2 I NOT TO SCALE a^EQUIPMENT ENCLOSURE GATE NOT TO SCALE qATTF.WALL ENCLOSURE ELEVATION L1.2 I NOT TO SCALE TO ACCOMPANY ADDENDUM NO.1 -•--I.Tiih.l'HJfoLliboi-fcUTt CH MATERIAL FINISHES AND COLORS ®E <.-:.-.-,=-,cr,£j2C7 (B)GABION METAL MESH ^~*GAl.VAWFTilf-FI vf.-h Hr;i-:-<. COATING 3Y NAIIIJA PRODUCTS it ©i ©0)ENCLOSURE GATES STEEL -"DUNN.EDWARDS*-RINCON COVF COLOR NO SP22B0 nu.:iC.'.-.^CL,-.'..TV OO&ANTl GRAFFITI COATING AVENUE OF THE FOUNTAINS ENTRY AND EQUIPMENT WALLS TOWN OF FOUNTAINHILLS, ARIZONA SAGUARO BLVD RECONSTRUCTION TREVINO DR TO FOUNTAIN HILLS BLVD S6010 SCALE:AS NOTED VA*nGENERALELECTRICALNOTESELECTPICALWORKSHALL COMPLYWITHTHENATIONALELECTRICCODE (2011 EDITION), FEDERAL. STATEAND LOCALJURISDICTIONCODES.ALL WORK SHALL BE DONEINA NEAT.WDSKMANLIKE.FiVlI'LDA'.DiA'i!LIAVlES,ACCORDING TO THELATEST PUBLISHEDNATIONALELELTR.C-TLCONTR-'-CTOKSASSOCIATIONSTANDARDS OFINSTALLA1IDN.UHDERCOMPETENTSUPERVISION.VISIT THE SITE PRIOR TO ElDDlNG 10 BECOME FAMILIAR Willi EXISTING CONDITIONS AND ALL OTHERFACTORS WHICH MAY AFFECT THE EXECUTION OFTHISWORK. INCLUDE ALL RELATED COSTS IN THEINITIAL BIDPROPOSAL-C0NTRAC1ORISRESPONSIBLE FOR VERIFYINGLOCATIONSOFallE>!51inl;uliullESAND AVOIDINGDAMAGE TO SAME. CONTRACTOR SHALL BE RESPONSIBLE FOR DAMAGE TO UTILITIES CAUSED AS ARESULTOF HISWORK.CALL(602)263-1100FORBLUESTAKES.IRRIGATIONLINESLESSTHAN2"WILLNOT BE MARKED AND SHALLREREPAIREDINKINOBY THECONTRACTOR.r-r.7stc7r:<•••••••'•-'•-^s--'•'-•-•••••••'-•':-'.'••;;:>•:;;',c•,.^_-:;/•••;:.:•:.o-vis.c^sss.:"ii.DAMAGESSHALL BE REPAIREDBrTHE CONTRACTORTO THE SATISFACTIONOF THE OWNER AT NOADDITIONALCOST TO THE OWNER.PROPER PROJECTION OF THECONSTRUCTIONAREA FOR SAFETY SHALL BE THERESPONSIBILITYOF THECONTRACTOR. COVER ALL TRENCHES*1THE END OF EACH WORK DAY. BARRICADES SHALL BEiNS'Allf.D»'••;D'ftL'CTEDBY THE OWNER ORTOEPROJECT INSPECTOR. THE SITE AND ALLWCRK:-;.-Al.lCONFORM TO OSHAREQUIREMENTS.ALLE'ISlI'vGLA-.DSCAPE.HARDSCAPE AND SPRINKLERSvSTEVSDA'.UlLI,i.IiDISTURBEDDURING THECONSTRUCTIONOF THIS PROJECT BY THE CONTRACTORSHALL BE REPLACED IN KIND.PROTECT ALLMATERIALAND EQUiPME.'.TNSTALLEDacvnSTDAVAC-E£••-C7-E-TtADlS,WEATHERC0MST1ONSOR ANT OTHER CAUSES EQUIPMENTFOUNDDAMAGEDOR IN OTHER THAN NEWCONDITIONWILL BE REJECTED AS DEFECTIVE. ALL COMPONENTS SHALL BE FREE OFDUST.GRlTAND FOREIGNMATERIALS, AND LEFT AS NEW BEFORE FINAL ACCEPTANCE OF WORK.LEAVE THE SITE CLEAN, REMOVE ALL DEBRIS, EMPTY CARTONS. TOOLS. CONDUIT. WIRE SCRAPS ANDALLMISCELLANEOUSSPAREEQUIPMENTANDMATERIALSUSEDINTHE WORKDURINGCONSTRUCTION.].ALL UNDERGROUND CONDUIT SHALL BE SCHEDULE40PVC, BURIED 24"MINIMUMBELOW FINISHEDGRADE, UNLESS SPECIFICALLYNOTEDOTHERWISEON PLANS OR IN DETAILS.I.PROVIDEGALVANIZEDRIGID STEEL (GRS) CONDUITFOR ABOVE GROUND. WHEREMETALLICCONDUITSCOMEINCONTACT WITHDIRT. THEY SHALL BE HALF LAP WRAPPEDWITHSCOTCH 50 TAPE TO12"AFG.FITTINGSSHAHDESTEEL THREADED TYPEWITHINSULATED THROATS. SECURELY ATTACH ALL SURFACEi.'C'jMEDCC'.DuTEvERYIDFEETAr.DWITHIN 3 FEETOFEACH JUNCTION BOX. PER NEC ARTICLE344.30(A).CONDUITSTO BEMARKEDF.1CONDUIT'.DETAILS.L BE I"UNLESSSPECIFICALLYNOTED OTHERWISE ONPLANSOR II:.i. ALL FEEDERS AND BRANCH CIRCUITWIRESHALL BE COPPER TYPEXHHW(75 DEGREESC)FORBELOWGRADEINSTALLATIONS(AND CONDUITRISEPSIANDIHHN/THWNi/':CECVif.ESC)'(HAKOv'rGROUNDINSTALLATIONS. MINIMUMSIZE SHALL BE#12AWG. UNLESS SPECIFICALLY NOTED OTHERWISE ON THEPLANSOR IN DETAILS. ALL WIRING SHALL BE IN CONDUIT... A SEPARATE GREEN INSULATEDECUIPMENTGROUNDINGCONDUCTOR (BOND) SHALL BE INSTALLEDWITHINEACH RACEWAY PER NEC CODE.. WHEN APANELISSUPPLIEDBY A FEEDER OR BRANCH CIRCUIT, ANY INSTALLED GROUNDEDCONDUCTORSHALLMOTBE CONNECTED TO THE EQUIPMENT GROUNDING CONDUCTOR(£GC)OR TO THE GROUNDINGELECTRODE(S)PER NECARTICLE250.32(B).,.BONO ALLENCLOSURESPER NEC ARTICLE250.90.', CONTRACTOR SHALLPLAIIAND INSTALL WORKINSUCH AMAN;;!:-ASfQCONFORM TO THESTRUCTURE.AVOID03STFM0l;CNS.PRESERVEHEADROOMAND KEEPOPENINGSANDPASSAGEWAYSCLEAR.ICONTRACTOR SHALL PROVIDE ALL LABOR. MATERIAL. ETC. NECESSARY FOR A COMPLETE AND WORKABLEELECTRICAL SYSTEM WHETHER OR NOT THESEITEMSARESPECIFICALLYNOTED CN THESE DRAWINGS.I.OOEI.TALITEMSNOT INDICATED ON THEDRAW.NOS.NCRL'ENTCNEDinSFECF.CATIC'.GTHAT CAN BE.ECTi'IATElyANDRilAS.'t.ArjLTINFERREDTO BELOW TO THE WORKDESCRIBEDCR BENECESSARYINGOODPRACTICETO PROVIDE A COMPLETE SYSTEM. SHALL BEFURNISHEDAND INSTALLED AS THOUGHITEMIZEDHEREINEVERYDETAIL.I.ALL TRENCHING. CONDUITS, ETC. AND SHALL BE ROUTED AND INSTALLEDINSUCHA MANNER THAT WILLNOT DAMAGE EXISTING FACILITIES. SHOULD DAMAGE OCCUR, IT WILL BE THECONTRACTORSRESPONSIBILITYTO THE REPAIR DAMAGE TO THESATISFACTIONOF OWNER ORINSPECTOR.1.ALL CONDUIT RUNS SHOWNOHTHIS PLAN ARE SCHEMATIC IN NATURE. THECONTRACTORSHALL MAKESURE THAT ALLCONDUIT.ETC. FALLS WITHIN THE CONSTRUCTIONAREa/RiGhTOF WAY(THISINCLUDESMAINTAININGALLREQUIREDCLEARANCES.1.WHENCROSSINGPATHWAYS OR SIDEWALKS,rOMPA'-.TCSS.tAlliiC-(."UNDEREXISTINGCONCRETEWALKS ANDSAWCUTASPHALTWALKS.ASPHALTWALKSSHALLBEREPLACEDIN KIND.2.CONTRACTORSHALLCLJAF'ANTEEWORKi'.STALLEDUNDER THECONTRACTTO BE FREE FROMDEFECT,;E'.V:-.RKM.\.'.SII!PANDW.ATFTiiU.f..USUALWEARF•PEXTED,AND SHOULD ANY SUCHDEFECTSDEVELOPWITHIN APERIODOF ONE YEARACCEPTANCEOF THEPROJECTBY THEOWNER.THECONTRACTORSHALL REPAIR AND/OR REPLACE ANY DETECTIVEITEMSAND DAMAGERESULTING FROM FAILURE OFTHESE ITEMS. AT NO EXPENSE WHATSOEVER TO THE OWNER.5.ALL CIRCUITS SHALL BE LEGIBLY IDENTIFIED AT THE PANEL. JUNCTION BOXES AND AT ALLEQUPMEN1INAPERMANENTMANNER(I.E.ETCHEDPLATES,CONDUCTORTAGS.PERMANENTMARKER.ETC.) THELABELING SHALL INCLUDE PANEL CIRCUIT NUMBER. "TO" AND"FROM"IDENTIFICATION. AND MARKED"SPARE"WHEREAPPLICABLE.4. CONTRACTOR SHALL TEST ELECTRICAL SYSTEM FOR SHORT CIRCUITS AND MEGGER TEST FEEDERS ANDBRANCH CIRCUIT WIRING. INSURE LOW IMPEDANCE GROUND PATH SYSTEM.PERFORMHlPOTTESTINGWHEN REQUIRED BY LOCALJURISDICTION.25. ALL CONDUITSHOWNSHALL BECONCEALEDWHENPOSSIBLE.WHEN NOTPOSSIBLE.CONDUIT MAY BYSURFACEMOUNTEDWITHPERMISSIONOF THE OWNER OR OWNER'SREPRESENTATIVE.26.CONTRACTORSHALLCOORDINATEALLEQUIPMENTCONNECTIONSWITHEQUIPMENTSUPPLIERPRIORTOROUGH-IN.PROVIDEADDITIONALFUSEDDISCONNECTSWITCHESANDCONTROLSIFOVERCURRENTPROTECTIONORCONTROLSISNOTINTEGRALWITHUNITS.27.ALLEQUIPMENTSHALLBEFUSES:ZEDPERMANUFACTURERSRECOMMENDATIONS.26.ELECTRICALDEVICES,DISCONNECTSWilCHES,ETC., SHALL BESUPPORTEDINDEPENDENTOF ANDISOLATEDFROMEQUIPMENTVIBRATIONS.29.ALLOUTDOORELECTRICALEQUIPMENTSHALLBENEMA-3RORNEMA-4ENCLOSURES.30.CONDUITSORRACEWAYSINSTALLEDINAREASWHEREELEVATIONCHANGESMAYCAUSEWATERORMOISTURETOENTERTHEELECTRICALEQUIPMENTTHROUGHTHECONDUITSHALLBESEALEDWITHHERMETICCONDUITSEALAT BOTHENOSOF THECONDUITORRACEWAY.31. MATERIALS SHALL BE NEW AND OF THE BEST QUALITY WITHMANUFACTURERSNAME PRINTED THEREON.MATERIALS SHALL BE MANUFACTUREDINACCORDANCEWITHNEMA. ANSI, UNDERWRITER'S LABORATORYOROTHERAPPLICABLESTANDARDSANDRATEDFORHEAVYDUTYSERVICE.32.ALLWRINGDEVICES SHALL BESPECIFICATIONGRADEALL15AND 20 AMP,125AND250VOLT.NONLOCKINGRECEPTACLESINSTALLEDOUTDOORSSHALLBE LISTEDWEATHER-RESISTANTTYPE.ALLWEATHERPROOFWHILEIN-USERECEPTACLECOVERSSHALL BE METAL.33. SELECTION OF MATERIALS SHALL BEINSTRICT ACCORDANCE WITH THE DRAWINGSAND/ORSPECIFICATIONS. THE USE OF MANUFACTURER'S NAME, MODEL AND NUMBER IS INTENDED TO ESTABLISHSTYLE. QUALITY,APPEARANCE.USEFULNESSAND BID PRICE. CONTRACTOR SHALL SUBMIT TO THEOWNEROROWNER'SREPRESENTATIVEFORREVIEWANDAPPROVAL(PRIOR TOORDERINGMATERIALS)COPIES OF EQUIPMENT SHOP DRAWINGSAS FOLLOWS: 1) LIGHT FIXTURES, 2) POLES. 3) POLE BASES, 4)SERVICEENTRANCESECTION,5)ELECTRICALEQUIPMENT.6)DISCONNECTSWITCHES,7)TIMECLOCKSANO OTHER CONTROLS. 8)LIGHTINGCONTACTORS AND 9) PULL BOXES. AT THE TIME OF EACHSUBMITTAL. THE•_•:.•;TRACTC3SmallDEFisEAND DELINEATEINWRITING ANY DEVIATIONS FROM THECONTRACTDOCUMENTS.THE REVIEW WILL BEONLYFORCONFORMANCEWITH THEDESIGNCONCEPTOFTHE WORK ANO FORCOMPLIANCEWITH THE INFORMATION CONTAINED IN THECONTRACTDOCUMENTSfHIREVIEW OF A SPECIFIED ITEM, AS SUCH, WILL NOT INDICATE REVIEW OF THE ASSEMBLY IN WHICHTHE ITEM FUNCTIONS. REVIEW BY THE OWNER OR OWNER'S REPRESENTATIVE WILL NOT RELIEVE THECONTRACTORFROMRESPONSIBILITYFOR ANYERRORSOROMISSIONSIN THESUBMITTALNOR FROM HISRESPONSIBILITYFORCOMPLYINGWITHTHECONTRACTDOCUMENTS.34. THESUBMITTALSSHALL BE NEATLYGROUPEDAND ORGANIZEDPERTINENTINFORMATION SHALL BEHIGHLIGHTED, AND THE SPECIFIC PRODUCT SHALL BE IDENTIFIED. ALL SUBMITTALS SHALL BE COMPLETEANDPRESENTEDINONEPACKAGE.THESUBMITTALShallINCLUDEACOMPLETELIST OF THEEQUIPMENT AND MATERIALS. INCLUDING THEMANUFACTURE'SNAME. PRODUCTSPECIFICATION,DESCRIPTIVEDATA. TECHNICALLITERATURE.PERFORMANCECHARTS,CATALOG CUTS. INSTALLATIONINSTRUCTIONS, AND SPARE PARE RECOMMENDATIONS FOR EACH DIFFERENT ITEM OF THE EQUIPMENTSPECIFIED.TOACCOMPANYADDENDUMNO.1Kimley^Horn©©CONSTRUCTIONNOTESNEWELECTRICALPUMP.REFERTOHARDSCAPEPLANSFORPUMPDETAILS.NEW1.5"PVCCONDUITWITH(4)#3AWGAND (1) #8AWGGROUNDFORELECTRICSERVICETOPUMPLOADCENTER.NEW3/4"PVC CONDUITWITH(2) #12AWGAND (1)#12AWGGROUNDTOFOUNTAINLEOLIGHTING.COORDINATEFINALLOCATIONWITHHARDSCAPEPLANS.NEW120/20SV,3$NEMA 3R,12CIRCUITLOADCENTER'PANEL£3'FORPUMPSTATIONENCLOSURE.INCLUDEPHOTOCELLANDHAND/OFF/AUTOSWITCH INPANELFOR WALLLIGHTINGNEW3/4"PVCCONDUITWITH(2) #12AWGAND (1) #12 AWGGROUNDFOR CMU WALLLIGHTFIXTURE.CONDUITSHALLBEINSTALLEDINSIDECMUWALLPEDESTAL.NEW3/4"PVC CONDUITWITH(2) #12AWGAND (1) #12 AWGGROUNDTO TOWNPROVIDEDCLOCK.NEW 1" PVCCONDUITWITH(4)#8AWGAND(1) #8AWGGROUNDTOPUMP.NEW3/4"PVC CONDUITWITH(2) #12 AWGAND (1) #12 AWGGROUNDFOPRECEPTACLEINSTALL(4) #3AWGAND (1)#8AWGTOEXISTINGPANEL 'E2'IN1.5"EXISTINGSPARECONDUIT,APPROX.300'WEST,INSTALL20AGFCI120VDUPLEXRECEPTACLERECESSEDIN WALL.18"AG.RECEPCTACLETO HAVEMETALWEATHERPROOFWHILEIN-USECOVER.INSTALLRECEPTACLEJ-BOXRECESSEDINWALL.NEW1" PVCCONDUITWITH(3)#6AWGAND (1)#BAWGGROUNDTOEVENTRECEPTACLEGRAPHICSCALEINFEETFOUNTAINELECTRICALPLANTOWNOFFOUNTAINHILLS,ARIZONASAGUAROBLVDRECONSTRUCTIONTREVINODRTOFOUNTAINHILLSBLVDS6010 BACKFILL •N NON SAW CUT AREAS TO BE NATIVE MATERIAL SCREENED AT UINMLM 4" . N SAW CU"AREAS TO BE ONE SACK ABC SAIRRY OP AS SPECIFIED BY R.O.W. AGENCY "RACER WRE #'2 GAUGE COPPER WIRE WlRF IIUTS NEED "0 3E ~Mi SPLICE WATER-=RCOF GF.PACKS pipe zone FROM MIN 6"BELOW BOTTOM OF f ABOVE "OP Of PIPE 9ACKFILL WITH THE rOl;OWING PER NOTE 4 WATER IINFS •MARICOPA &SANTA CRUZ COUNTIES -AB! •MOHAVE COUNTY -M.A SAND RECLAIMED WATER LINES •MARICOPA 4:SANTA CRUZ COUNTIES - ABC • MOHAVE COUNTY -M.A SAND SEWER hORCE WAIN •MARICOPA It SANIA CRUZ COCNlltS -ABC •MOHAVE COUNTY -M.A SAND GRAVITY SEWER UNFS •ALL SERVICE AREAS - J*CRUSHED WASHEO ROCK (NO RFJf CTS) WATER AND SLWiR SERVICES i'ol Utility service areas) MN1MUM 6"SAND BEDDING AND 6" SAND SHADING BACKF1LI AS PFR DETAIL. PIPE MARKING TAPE MARKING TAPE SHAH BE lOCATfr.IB NChFS BELOW GROUNC SURFACE. WORD-NG PER MAG SEC.616 TO BE USED FOR ALL WA^ER.&RECLAMED WATER UNES ANO SERVICES.Iht MARKING TAPE SHALL BE "RlNTEC ON STANDARD!COLORED NON-DE TEC ABLE IAPE LETTERiNC SHALL BE BLACK.I-V HE CHT RECLAIMED WATER LNES SHAU USE PURPLE TAPE &SHALL READ "CALTION RECLAMED WA'ER LNt' POTABLE WATFR IINFS SHAU USE BlUE "APF A SHALL READ "CAUIION:PCT»8Ll WAIEP UNE" RAW A NON-POTABlF WATER UNFS SHALL USE YELLOW lAHt tc SHALL READ "RAW WAItR MAINS"AND/OR "NON-POTABLE WATER MAINS* NOTFS: i trench will be in accordance with mac section 601. 2.one sack a9C Slurry (ClSm)to be in accordance wtk AG SECTION 728. DEP1H Of BURY TO 31 WIN 48"IN ALL SIRttlS Utl'lH Of BURY fOR WAItR LNES N OTIfFR AREAS TO BF AS FOLLOWS: A)36*MIN.FOR MAINS B*DIAMETER AND SMALLER. B) 48" MIN. FOR MAINS 10"OlAMFTER AND IARCER WASHED CRUSHED ROCK 10 Bt IN ACCORDANCE WIH MAG SECTION /lb 2 Ar 1A3LE /16-2 SAND TO 3E IN ACCORDANCE WITI-M.A.G. SECTION 601.4.9 ABC TO BE IN ACCORDANCE WIT-i v A.G SECTION 702 2 AND TAB.E 702-1 TRACER WIRE IS TO BE BROUGHT UP TC GRACE A*fACH FlRF hYDRAN"TC GROUND /VA.VE BOX. FOR -DNC RUNS. THE 'RACER WIRE IS 10 BL BROUC* UP Al iFAST EVER'300 SfE 1 INSIOF A 1RACER BOX SUCH AS A SNAKtW1 MAGNETIZED TRACER BOX BY COPPERHEAD INDUSTRIES OR APPROVED EQUAL. 2355 W Pnnade Peak Rd,Sto 300 Phoeno.AZ 85027 P 623.445.2400 F 623.587.1044 PIPE TRENCH DETAIL NEW/EXIST =PE CR CONFllCT' All JOINT RESTRAINTS ARE TO BE MEG-A-LUG.SIGMA.EEBA OR STAR.NO FIELD LOCS OR UNlFLANGE.FOR LENGTHS IN ACCORDANCE «/MAC STD. DET.303-2 "IPl IS 10 BE DUCIILE IRON. MINIMUM PRESSURE CLASS 'bO 9EGIN/EN0 RESTRAINED JOINT STATIONING TO 3E SHOWS ON "HE APPROVED CONSINUCIION DRAWINGS.ALL BtNOS &FIUNGS SHALL HA/E STATIONING ANO ELEVAT1CN S»-OWN ON THE APPROVED CONSTRUCTION DRAWINGS.THE BOTTOM ELEVATION Of THE CONFLICT AND THE TOP ELEVATION OF THE DUCTILE RON PPE AT THE CENTERUNE OF THE CONFLICT SHALL 3E SHOWN ON THE APPROMD CONSTRUCTION DRAWINGS. 235S W Pinnacle Peak Rd.Ste 300 Phoenix.AZ 85027 P 623.445.2400 F 623587.1044 G STD.OCT 303-7 TO ACCOMPANY ADDENDUM NO.1 PftOJ.NO seoio KimleyfcHorn PHOENIX.AZ (JO20 •SOLO SLEEVE.IF REQUIRED SHT TOTAL VERTICAL REALIGNMENT OF WATER MAINS DETAI.NO 370-1 WATERLINE RELOCATION TOWN OF FOUNTAIN HILLS.ARIZONA SAGUARO BLVD RECONSTRUCTION TREVINO DR TO FOUNTAIN HILLS BLVD S6010 MRN IDES CCW ICX Rl DATE 10/14 1DATE 1W14 IOATE 1(yi4 OWO SERIES No. RESTRAINEDTRANSITIONCOLPLINC^PROPOSEDCAICHSAS'NThRUSIMAGDE(TYP)BLOCKF*AIL380.R/1PROPOSEDSTORWDRAIN^.f/NEA12"DIPWATER"/ }EXISTING12"ACF WATERN.RESTRANECPLANANDPROFILEVIEWWATERLINERELOCATIONANCHORBLOCKE)PERMAGDETAIL381(TfP)12" DIPWATERLINLCONIROLPOIN1S(LOCATION1)aOSTSTATIONOFFSETINVELEVNOTESA29+13.3040.25'LT1517.951TIE TOEXISTINGR?9ii?'•.:-.40.'(••LT1517.95HOR/VERT BENDC29(22.6933.26'LT1516.00HOR/vERT BENDD29+81.T633.35'LT1516.00HOR/VERT BENDE29+88.4940.39'LT1517.95HOR/VERT BENDF29+90.4940.40'LTi5i-.••:-TiETOEXISTING12" DIPWATERLINECONTROLPOINTS(LOCATION2)POIMTSTA1)NoniiinvriFvNOTESA36<-80.0740.32'LI151059JTIE TOEXISTINGB36+82.1640.31'LT1510.59HOR/VERT BENDC36+91.7233.30'LT1504.50iV??••'.-!D37+61.7B1225'LI1504.50HOR/VERT BENDE37+71.4140.24'LT1510.59HOR/VlRTBENDF37--73.4B40.24'LT1510.591TiE TOEXISTINGTOACCOMPANYADDENDUMNO.1Kimley^HornNOTES:1. ALLPIPESHALLBERESTRAINEDJOINTROTATEELBOWSTOACHIEVEHORIZONTALAND VERTICALALIGNMENTSINDICATED.CONTRACTORSHALLCONFIRMTIE-INLOCATIONSANDNOTIFYENGINEEROFANYDEVIATIONSTHATEXCEED0.5'HORIZONTALLYAND0.25*VERTICALLYPRIORTOSTARTINGCONSTRUCTION.WATERLINERELOCATIONTOWNOFFOUNTAINHILLS,ARIZONASAGUAROBLVDRECONSTRUCTIONTREVINODRTOFOUNTAINHILLSBLVDS6010 12"DIPWATERLINECONTROLPOINTS(LOCA'ON3)POINTSTATIONOFFSETINVELEVNOTESA45+50.9353.3-LT'514.34iTIE TOEXISTINGB45+52.9939.37'LT1514.34HOR/VERT BENDC45+62.6932.35'LT1507.50HOR/VERT BENDD46+16.7832.49'LT1507.50HOR/VERT BENDE46+26.4539.63'LT1514.34HOR/VERT BENDF46-2(3.41;39.65'LT1514.544TiETOEXISTING12" DIPWATERLINECONTROLPOINTS(LOCATION4)=ONTSTATIONOFFSETINVELEVIJOTFSA49+08.2138.9!'LT1511?B-TiETOEXISTINGB49+10.2938.91'LT1511.78HOR/VERT BENDC49-20.7031.91'LT1504.50HOR/VERT BENDD49-69.3731.96'LT1504.50HOR/VERT BENDE49+79'S38.99'LT151'..78HOR/VERT BENDF49+81.8538.99'LT1511.782:TIETDEXISTINGTOACCOMPANYADDENDUMNO.1Kimley^HornALLPIPESHALLBERESTRAINEDJOINTROTATEELBOWSTOACHIEVEHORIZONTALAND VERTICALALIGNMENTSINDICATED.CONTRACTORSHALLCONFIRMTIE-INLOCATIONSANDNOTIFYENGINEEROFANYDEVIATIONSTHATEXCEED0.5'HORIZONTALLY AND0.25'VERTICALLYPRIORTOSTARTINGCONSTRUCTION.'86FORPLANWATERLINERELOCATIONTOWNOFFOUNTAINHILLS,ARIZONASAGUAROBLVDRECONSTRUCTIONTREVINODRTOFOUNTAINHILLSBLVDS6010 TOACCOMPANYADDENDUMNO.1 2250946.1 EXHIBIT 2 TO ADDENDUM NO.1 TO INVITATION FOR BIDS NO.DS2015-102 [Geotechnical Engineering Report] See following pages. Geotechnical Engineering Report Drainage and Street Improvements Saguaro Boulevard at Four Sites Fountain Hills,Arizona RAMM Project No.G21277 Bty^*3/s'/*<>'* For: Kimley-Horn and Associates 7740 North 16th Street,Suite 300 Phoenix,Arizona 85020 ♦♦♦ By: Ricker •Atkinson •McBee •Morman &Associates,Inc. 2105 South Hardy Drive, Suite 13 Tempe,Arizona 85282 R-A-M-M RICKER •ATKINSON •MCBEE •MORMAN &ASSOCIATES,INC. Geotechnical Engineering •Construction Materials Testing Kimley-Horn and Associates June 23,2014 7740 North 16th Street,Suite 300 Phoenix,Arizona 85020 Attention: Chris Woolery P.E. Subject: Geotechnical Engineering Report RAMM Project No.G21277 Drainage and Street Improvements Saguaro Boulevard at Four Sites Fountain Hills,Arizona Attached to this letter is the Geotechnical Engineering Report for the proposed Drainage and Street Improvements at four sites along Saguaro Boulevard in Fountain Hills, Arizona. The proposed Drainage and Street Improvements along Saguaro Boulevard will include the following: • At the intersections with Palisades Boulevard/Panorama Drive,new catch basins will be added to the north and south sides of Palisades just west of Saguaro Boulevard and the west side of Saguaro just north and south of Palisades. These catch basins will discharge into 24-inch diameter and 30-inch diameter aluminized CMP which all discharge east to a 48-inch diameter aluminized CMP which crosses Saguaro to the north side of Panorama Drive where it discharges into an existing manhole.New manholes will also be installed at each change in direction in the pipes and where pipes intersect. • At Palmer Wash, Little Fountains/Baptist Church Wash and Nicklaus & Cypress Point Wash, a new catch basin, new aluminized CMPs and new head wall/wing walls at the wash discharge will be added. The pavement design is presented in our report addressed to Town of Fountain Hills (Project No. G19586 dated 7-11-12).A copy of this report is transmitted with the copies of this report and the pavement recommendations are presented in Appendix C of this report. The results of our field explorations;laboratory testing; and engineering analyses,evaluation and recommendations are presented in the report. The attached report was prepared based on project and site data available at this time and was prepared in a manner and to the standards of the local geotechnical engineering practice. Our services did not include evaluations for the presence of hazardous materials; for concrete durabilitywith respect to on-site soils; for concrete durability and corrosion potential with respect to site use water sources; for area subsidence resulting from groundwater withdrawal; or for other geologic hazards. 2105South Hardy Drive, Suite 13,Tempe,AZ 85282-1924 • Telephone (480)921-8100 •Facsimile (480)921-4081 www.rammeng.com Ifyou have any questions,please do not hesitate to call. Respectfully submitted, RICKER •ATKINSON •McBEE •MORMAN &ASSOCIATES,INC. Expires-3/31/2016 By:Kenneth L. Ricker, P.E. /dh Copiesto: Addressee (4)(chi-is.woolerv@kimlev-horn.com) 'Expires -9/30/2015 Reviewed by: Kip E. Reese, P.E. TABLE OF CONTENTS REPORT PAGE Introduction 1 Proposed Construction 1 Site Conditions 2 Field Explorations 2 Laboratory Analysis 2 Subsurface Conditions 3 Pavement Design 3 Site Development Recommendations Construction Excavation and Temporary Construction Cut Slopes 3 Surface Drainage 4 Excavatability 4 Workability 5 Corrosion Potential 5 Materials Suitability and Requirements Site Soils 5 Imported Soils 5 Pipe Bedding 6 Site Preparation and Grading Procedures Trench Excavation Areas 6 APPENDIX A -FIELD EXPLORATION Site Plan ^^^^^K A1 Soil Legend Mm.W....^^j^...:..^^^A2 t .d •r H KENNETH L HI AoTestBoringLogsMd.RK3WW...UM A3 APPENDIX B-LABORATORY ANALYSIS ^^Am^^^^S^==^ Percent Passing No.200 Sieve,Atterberg Limits .^&mm&$*Z.Bl pH/Minimum Resistivity tyftt^fa/^'k B2 APPENDIX C -RAMM PROJECT NO.G19586 PAVEMENT DESIGN SECTION REPORT «Ji R-A-M-M INTRODUCTION This report presents the results of our geotechnical engineering services for the proposed Drainage and Street Improvements at Four Sites along Saguaro Boulevard in Fountain Hills, Arizona. The scope of our services included performing a field exploration program, laboratory analysis and geotechnical engineering evaluation,analysis and recommendations. The geotechnical recommendations presented herein include those for replacement pavements, anticipated excavation conditions,site development, and material use and requirements. We would be pleased to discuss with you any additional recommendations you may require. In addition,we are available to review project specifications and plans for conformance with our recommendations at no charge to you. This firm should be notified for additional evaluation and recommendations if the project design parameters (locations, types, sizes, pipeline alignment, etc.), site use, or conditions encountered during construction differ from those presented herein. PROPOSED CONSTRUCTION The proposed Drainage and Street Improvements along Saguaro Boulevard will include the following: • At the intersections with Palisades Boulevard/Panorama Drive, new catch basins will be added to the northand southsides of Palisades just westof Saguaro Boulevard andthewest sideof Saguaro just north and south of Palisades.These catch basins will discharge into 24-inch diameter and 30-inch diameter aluminized CMP which all discharge east to a 48-inch diameter aluminized CMP which crosses Saguaro to the north side of Panorama Drive where it discharges into an existing manhole.New manholes will also be installed at each change in direction in the pipes and where pipes intersect. • At Palmer Wash,Little Fountains/Baptist Church Wash andNicklaus&Cypress Point Wash, a new catch basin, new aluminized CMPs and new head wall/wing walls at the wash discharge will be added. The pavement design is presented in our report addressed to Town of Fountain Hills (Project No. G19586 dated 7-11-12).A copyofthisreportis transmitted withthe copiesofthisreportand the RAMM Project No.G21277 1 pavement recommendations are presented in Appendix C of this report. The results of our field explorations; laboratory testing; and engineering analyses, evaluation and recommendations are presented in the report. SITE CONDITIONS At the time of our field exploration the proposed four drainage sites were relatively level paved roads. FIELD EXPLORATIONS Subsurfaceconditions at the site were explored by drilling a total of five test borings to depthsof 8 to 15 feet along the proposed four drainage sites, as shown on the Site Plans in Appendix A. The test borings were drilled with a CME 55 drill rig using an eight-inch diameter, hollow-stem auger. The drilling equipment and crew were provided by D&S Drilling, Inc. The test boring locations were determined in the field by our field technician. During the field exploration representative undisturbed and disturbed samples were obtained, the field explorations logged and soils field- classified by our field technician,who also directed the drill crew. Relatively undisturbed samples of the subsoils were obtained by driving a 3-inch diameter, ring-lined, open-end sampler and disturbedsamples obtained by driving a standard split spoon sampler. Both samplers weredriven intothe soil with a 140-pound hammer dropping 30 inches. The results of the field explorations are presented on the Test Boring Logs in Appendix A. LABORATORY ANALYSIS Representative samples obtained during the field explorations were subjected to the following tests in our laboratory. Number of TypeofTest Type of Sample Samples Tested PercentPassingNo. 200 Sieve &Representative 5 Atterberg Limits pH/Minimum Resistivity Representative 5 Moisture Content/DryDensity *Undisturbed 9 Moisture Contents SPT/Disturbed Ring 3 *Reported in the test boring logs The results of the laboratory analysis are presented in Appendix B. RAMM Project No.G21277 SUBSURFACE CONDITIONS The results of the test borings are presented in Appendix A in the Test Boring Logs. In general, the near surface soils encountered in the test borings at the proposed four drainage sites were somewhat variable between sites. At Palisades/Panorama site (Test Borings 1 and 2), the site soils for the full depth of exploration (11.5 to 15.0 feet)consisted of dense to very dense gravelly clayey sand with occasional sandy clay zones and increased gravel content with a trace to some cobbles below a depth of 6 feet. At the Palmer Wash site (Test Boring 3), the site soils were medium dense clayey sandy gravel fill with occasional debris extending to a depth of 11.5 feet and were underlain by dense clayey sandy gravel which extended to a depth of 15 feet (the full depth of exploration).At the Little Fountains/Baptist Church Wash site (Test Boring 4), the site soils for the full depth of exploration (15 feet) were medium dense clayey silty sand with a trace of gravel. Theupper 1 to 2 feetof soil may be fill and some gravelwas encountered below a depth of 5 feet. At the Nicklaus & Cypress Point Wash site (Test Boring 5), the site soils for the full depth of exploration (8 feet) were medium dense silty/clayey sandy gravel. These soils contained some cobbles below a depth of 5 feet and the upper one foot of soil may be fill. The surface soils at all test borings were overlain by 2.75 to 5.0 inches of asphalt concrete on 3.0 to 4.5 inches of dirty base material.Refusal to augerpenetration occurred in TestBorings1and 5 at depthsof 11.5 and 8.0 feet respectively.Soil moisture contents were described as nearly dry.No groundwater was observed in the test borings during the field exploration. PAVEMENT DESIGN The recommended pavementsectionfor the project shouldbe in conformance withthe Pavement Design sections presented in our report for the Town of Fountain Hills,RAMM Project No. G18586.A copyofthePavementDesignsectionispresentedin AppendixC. SITE DEVELOPMENT RECOMMENDATIONS Construction Excavation and Temporary Construction Cut Slopes: The proposed drainage improvements will extend to depths of about 4 to 13 feet below existing grades.The following criteriaare presented toaidin development of excavation plans. 1.Dewatering should not be required. RAMM Project No.G21277 2.Unbraced temporary slopes in the site soils should be constructed no steeper than 1H:1V. As an alternative,shoring,trench boxes or other forms of slope stabilization may be used for this project. 3.Surface areas behind the crest of excavations should be graded so that surface waters do not pond within 10 feet of the crest or drain into the excavation. 4. Heavy material stockpiles should not be placed within 10 feet of the crest. Similarly, heavy construction equipment should not pass or be parked within 10 feet of the crest. 5. The sides and crest of excavations and slopes should be monitored daily for evidence of movement or potential problems. The design of any bracing or shoring systems should be reviewed by a qualified geotechnical engineer. Also, observations should be made by the geotechnical engineer during excavating to evaluate site conditions and determine if modifications are necessary in excavation procedures.If unbraced slopes are utilized, some surface raveling, erosion, and spalling should be expected unless measures are taken to stabilize exposed cut surfaces. Surface Drainage: Most soils will undergo some degree of volume change as the result of wetting. The degree of volume changewill dependon the type of soil, swell potential,natural soils structureor degreeof compaction (if a fill). These volume changes could result in movements in overlying non- structure elements including sidewalks, planters, etc. Therefore, good site and surfacedrainage awayfromthese elements is required. In addition,watershould not be allowedto pond within 10 feet of elements which are sensitive to movements. Excavatability: The excavatability of site materials is difficult to evaluate based only on the exploration equipment used duringthis design report.Therefore,we recommendthat the contractor evaluate the excavatability of site materials by performing test excavations with the size and type of equipment the contractor plans on using at the site.For design purposes the following paragraph presentsour best analysisas to the excavatability of site soils. RAMM Project No.G21277 The near surface soils to depths of at least 5 to 15 feet can probably be removed with conventional excavating equipment. Deeper excavations may be slow and difficult to accomplish. OSHA requires all excavations over five feet in depth, in which personnel are to enter, be either braced or sloped in accordance with OSHA regulations. Workability: Wetting site soils such that moisture contents are at or above optimum could result in some soil pumping under dynamic loadings such as heavy construction equipment driving over the area. However, in areas where severe pumping has damaged subgrade conditions, the area should be allowedto dry until soils are workable without pumping or the wetted areas removed and replaced with drier site soils. Corrosion Potential: As part of this investigation, laboratory pH and Minimum Resistivity testing of site soils was conducted. Based on these results, there appears to be a moderate to high potential for corrosion to buried metal structures and pipelines. The results of the laboratory testing are included in Appendix B, and should be made available to material suppliers and corrosion experts for review. MATERIALS SUITABILITY AND REQUIREMENTS Site Soils: Along theproposed alignment,the nearsurfacesoilsexhibitlowtomedium plasticity.Thesesoils may be used as fill in all areas. All materials should be free of organics, debris,rubble and material greater than 4 inches in size. Imported Soils: Fill required beyond that available from site sources and for use as trench backfills should be imported soils meeting the following requirements: Maximum Particle Size 4 inches Maximum Swell Potential 1.5%* * Basedon a samplewhich is remoldedto 95% of the ASTM D698 maximum dry density at a moisture content of 2 percent below optimum,placedundera surcharge loadof 100 psfand wetted. RAMM Project No.G21277 Pipe Bedding: Materials used as pipe bedding should be granular soils which meet the requirements of Section 601 of the MAG Specifications.Based on the results of the laboratory testing, the site soils will not be suitable for use as bedding. SITE PREPARATION AND GRADING PROCEDURES Trench Excavation Areas: Recommendations presented in the previous sections of this report are based upon the following site preparation and grading procedures. Therefore, all earthwork should be accomplished with observation and testing by a qualified technician under the direction of a registered geotechnical/ materials engineer. The following apply to trench excavation areas and pavement replacement areas. 1.Clear and grub the site by removingand disposing of all vegetation, any trash and debris, and any rubble and remnants of former developments. 2.Moisture condition and place all fill and backfill materials required to achieve specified grades.Fill materials should be moisture conditioned,placed and compacted in horizontal lifts of thicknessescompatible withthe compactionequipment beingused. 3.Compact subgrade,fill or backfill,to the requirements presented in MAG Section 601 as modified by the Town of Fountain Hills. RAMM Project No.G21277 APPENDIX A FIELD EXPLORATIONS '•l" R-A-M-M NOliw MKAUi T»3«003W •WOj e-xv 3§m Q 3 £ ••«* « c r- o r-» -*—»cs a s O 60 o a 2 o PQ <D +->OCA ££ ® RAMM Project No.G21277 Al-2 ^D Test Boring Location RAMM Project No.G21277 .•<'•••-.••'•/!''••»--•-a • „)SAGUARO BLVD. I if it I PALMER WASH INLET i_J NICKLAUS &CYPRESS POINT WASH INLET Not To Scale N Al-3 CLASSIFICATION OF SOILS LEGEND ASTM Designation:D2487-11 (Based on Unified Soil Classification System) Criteria forAssigningGroup Symbols and Group Names UsingLabora Soil Classification itoryTests Group Symbol Name Gravels More than 50%coarse fraction retained on No. 4 Sieve Clean Gravels Less than 5%fines Cu>4and1 <Cc<3 GW \Afell graded gravel COARSE-GRAINED SOILS Cu<4 and/or 1>Co3 GP Poorlygraded gravel More than 60%retained on No.200 Sieve Gravels with Fines More than 12%fines Fines classify as MLor MH Fines classifyas CLor CH GM GC Siltygravel Clayeygravel Sands 50%or more of coarse fraction passes No. 4 sieve Clean Sands Less than 5%fines Cu>6and1 <Cc<3 SW Well-graded sand Cu<6 and/or 1>Co3 SP Poorlygraded sand Sands with Fines More than 12%fines Finesclassifyas MLor MH Fines classifyas CLorCH SM SC Siltysand Oayeysand FINE-GRAINED SOILS 50% or more passes the No.200 Sieve Siltsand Clays Liquidlimitless than 50 Inorganic Pl>7and plotson or above "A"line Pl<4 or plotsbelow "A*line CL ML Lean day Silt Organic LiquidLirrit-oven dried Liquid limit -not dried <075 a Organic clay Organicsilt Silts and Clays LiquidOrrut 50 or more Inorganic PI plots onor above "A"line CH Fat day PI plots below "A"line MH Elastic silt Organic Liquidlimit-oven dried Liquidlimit-not dried Organic day OH Organicsilt HIGHLY ORGANIC SOILS Primarilyorganic matter, dark incolor,and organic odor PT Peat For classificationoffine-grainedsoils and fine-grainedfractionofcourse-grained soils. Equation of "A"-line Horizontal at Pl=4 to LL=25.5, thenPI=073(LL-20) TEST BORING LOG DEFINITIONS Blows per foot using 140poundhammer with 30 inch free-fall. Blows/FootQ40 Q O te 2o 3 Equation of "U"-line Vertical at LL=16 to Pl=7, thenPI+0.9(LL-6)N/R &&sS c o CL S*1 * E (55 £O 0 Description LIQUID LIMIT (LL) 100 110 GRAIN SIZES C =Continuous Penetration Resistance (2 inchdiameter rod) N= Standard Penetration Resistance (ASTM D1586) R =Penetration Resistance (3 inchdiameter ringlinesampler) U.S.STANDARD SERIES SIEVE 200 40 1C>4 CLEAR SQUARE SIEVE OPENINGS 3/4"3"1 ZL _ silts &clays distinguished on basis of plasticity SAND GRAVEL COBBLES FINE MEDIUM COARSE FINE COARSE BOULDERS DRY MOISTURE CONDITION (INCREASING MOISTURE •>) SLIGHTLY DAMP DAMP MOIST (Plastic Limit) VERY MOIST WET (SATURATED) (Liquid Limit) CONSISTENCY CORRELATION RELATIVE DENSITY CORRELATION CLAYS &SILTS VERY SOFT SOFT FIRM STIFF VERY STIFF HARD BLOWS/FOOT* 0-2 2-4 4-8 8-16 16-32 OVER 32 SANDS &GRAVELS VERY LOOSE LOOSE MEDIUM DENSE DENSE VERY DENSE *Number of blows of140lb hammer falling 30"todrivea 2"O.D.(1-3/8"I.D.)split-spoon sampler(ASTM D1586). RAMM Project No. G21277 BLOWS/FOOT 0-4 4-10 10-30 30-50 OVER 50 A2 TEST BORING LOG Project:Drainage and Street Improvements - Fountain Hills,Arizona Elevation:Not Determined Datum:— Test Boring:_ Date: 1 6-6-14 i Q 10 15 20 25 Blows/Foot N/R 40 30 60 ft H CO R R N RAMM Project No:G21277 oo 118 115 Is o J5 £ u SC Description 5.0"Asphalt Concrete on 3.0"Dirty Base Material Gravelly Clayey Sand, Occasional Sandy Clay Zones; brown,nearly dry, dense to very dense, medium plasticity fines. Increase in gravel content with a trace to some cobbles. Refusal to auger penetration at 11.5 feet. No groundwater observed. 10 15 20 25 Thisboringlog represents the conditions encountered onthedateof drilling at this particular location.Noother warranty is expressed orimpliedtothe actual conditions which may exist within the vicinity of this boring location. A3 TEST BORING LOG Project:Drainage and Street Improvements -Fountain Hills,Arizona Elevation:Not Determined Datum:— Test Borings Date:6-6-14 •B G, <L> Q 10 15 20 25 Blows/Foot N/R 36 33 50/0r 50/0" <L> H CO R N R N RAMM Proiect No:G21277 00 Q ^ 115 NR NR C O u SC Description 3.5"Asphalt Concrete on 4.5"Dirty Base Material Gravelly Clayey Sand,Occasional SandyClay Zones; brown, nearly dry, dense to verydense, medium plasticity fines. Increase in gravel content with a trace to some cobbles. Stopped drilling at 15 feet. No groundwater observed. NR =No Recovery. 10 15 20 25 Thisboringlog represents theconditionsencounteredonthedateof drillingat this particular location.Nootherwarranty is expressed or implied tothe actual conditions which may exist within the vicinity of this boring location. A4 TESTBORINGLOGProject:Drainageand StreetImprovements- Fountain Hills,ArizonaElevation:NotDeterminedDatum:—TestBoring:_Date:6-6-14<D431)Q10152025Blows/FootN/RCO34R24R50/6'RRAMMProjectNo:G21277Q^Q1141090s-ouGCGCDescription2.75"AsphaltConcreteon4.0"DirtyBaseMaterialFILL: Clayey Sandy Gravel, OccasionalDebris;brown,nearlydry,mediumdense,mediumplasticityfines.Clayey Sandy Gravel; brown, nearly dry,dense, medium plasticity fines.Stopped drilling at15feet.No groundwaterobserved.* Sample too disturbed to determine density.10152025Thisboringlogrepresentstheconditionsencounteredonthedateofdrillingatthisparticularlocation.Nootherwarrantyisexpressedorimpliedtotheactualconditionswhichmayexistwithinthevicinityof thisboringlocation.A5 TESTBORINGLOGProject:Drainage and Street Improvements - Fountain Hills.ArizonaElevation:NotDeterminedDatum:—TestBoring:.Date:6-6-14•BQ10152025Blows/FootN/R392721ftHCORRRRAMMProjectNo:G21277ooQ^116119105a*<DoIsSC/SMDescription2.75"AsphaltConcreteon4.0"DirtyBaseMaterialClayey/SiltySand, Trace Gravel; brown,nearly dry, medium dense, low plasticityfines, upper 1to 2 feet may be fill.Some gravelbelow5 feet.Stopped drilling at15feet.Nogroundwaterobserved.10152025Thisboringlogrepresentstheconditionsencounteredonthedateofdrillingatthisparticularlocation.Nootherwarrantyisexpressedorimpliedtotheactualconditionswhichmayexistwithinthevicinityof thisboringlocation.A6 TEST BORING LOG Project:Drainage and Street Improvements - Fountain Hills,Arizona Elevation:Not Determined Datum: Test Boring:_ Date:6-6-14 Blows/Foot Q N/R 14 17 10 15 20 25 ft H CO R R RAMM Project No:G21277 00 a <+h <L>O Q ^ Q 104 NR fc o o tg 'm m U £3 D GM/ GC Description 2.75"Asphalt Concrete on 3.0"Dirty Base Material Silty/Clayey Sand Gravel;brown, nearly dry, medium dense, low plasticity fines, some cobbles below 5 feet, upper 1foot may be fill. Refusal to auger penetration at 8 feet. No groundwater observed. NR = No Recovery.10 15 20 25 This boringlog represents theconditions encountered on thedateof drilling at this particular location.No otherwarranty is expressed orimpliedtothe actual conditions whichmay exist withinthevicinityof this boring location. A7 APPENDIX B LABORATORY ANALYSIS RA-MM LABORATORY TEST RESULTS Date: SAMPLE SOURCE:As noted below TESTING PERFORMED:Percent Passing No. 200Sieve, Atterberg Limits (ASTM Dl 140, D4318) SAMPLED BY:RAMM/Miller RESULTS: Sample Source 1 @ 0'-5' 2@5'-10' 3@0*-5' 4@ 10'-15 5 @ 0'-5' RAMM Project No.G21277 Percent Percent Retained Passing No.4 Sieve No.200 Sieve 27 25 40 19 38 19 22 24 46 16 Liquid Limit 31 Plasticity Index 10 30 8 27 6 26 6 28 4 18-Jun-14 Bl LABORATORY TEST RESULTS SAMPLE SOURCE:As noted below TESTING PERFORMED:pH,Minimum Resistivity (ADOT 236a) SAMPLED BY:RAMM/Miller RESULTS: RAMM Project No. G21277 Sample Source 1 @5'-10' 2@5,-10' 3@ 10'-15' 4@5'-10' 5@0'-5' pH 8.1 8.0 7.8 7.9 8.1 Date: Minimum Resistivity (ohm-cm) 1217 1284 676 1622 1960 23-Jun-14 B2 APPENDIX C RAMM PROJECT NO.G19586 PAVEMENT DESIGN SECTION -ll •" R-A-M-M PAVEMENT DESIGN General: Thedesign of the pavement, rehabilitation and/or reconstruction for the three road sections was based on the Town of Fountain Hills Exhibit 9,for Minor Arterials, with bike/parking lanes (Shoulder Lanes) as the minimum required section to meet current standards,2010 traffic counts from the Town, average traffic counts for 20 and 10 years, 3% trucks,structural coefficients (0.42 for AC and recycled AC; 0.12 for AB and milled AC and/or RAP which meet MAG Section 702; and where the milled AC (MAC) and/or RAP do not meet MAG Section 202 use 0.09) and ADOT correlated R-value of subgrade based on minus No.200 sieve and plasticity index results. Based on test boring and laboratory test data, the site soils exhibited correlated R- values over the maximum design value of 42 (based on ADOT Design Methods)except for three locationsalong Saguaro (Test Borings 6, 34 and 45 with correlated R-values of 28, 35 and 34, respectively)and for three locations along Palisades (Test Borings 13,16 and 17 with correlated R-values of 40, 40 and 28, respectively). For those areas where the correlated values are 32 or over, the minimum pavement section based on traffic data provided by the Town would be 4 inches of asphalt concrete on 6 inches of base material (minimum structural number (SN) of 2.4 anda design life of 20 years) would apply. In those areas where the correlated R-valueis less than 32,additional asphalt concreteor base material should be added to the minimum section. The only existing pavement area encountered in the test borings which meets or exceeds the minimum section for 20 years is at TestBorings 12 and 13 on Palisadesand at Test Boring28on Fountain Hills. Our visual pavement review (Appendix C) indicated that the Moderate-Poor surface conditions exist at Test Boring 12,Moderate-Good at Test Boring 13 and Goodat Test Boring 28.Even though these existing sections meets or exceeds the Design Pavement section, the condition indicates that at Test Boring28 no additional road work is required and at Test Borings 12 and 13 the existing pavement should be reconstructed or rehabilitated.The remainder of the existing pavement sections are below the minimum section structural number. Reconstructions: Based on the condition of the existing pavement,all of the pavement within the three road sections should probably be reconstructed except for the small section on Fountain Hills at Ashbrook Wash which is in Good condition and which exceeds the minimum road section. The RAMM Project No.G19586 6 reconstruction would require the removal of the existing pavement section,excavating the existing subgrade to the "Total"depth as shown on the following Pavement Thickness table below finished pavement grade,scarifying and compacting the exposed subgrade and placing the new pavement section sothatanyof the following sections could be placed. Pavement Thickness (Inches) MAG RAP/ AC*702 MAC Total 4 6 -10 4 -8 12 4 4 3 11 4.5 4 -8.5 4.5 -6 10.5 5.0 2.5**-7.5 5.0 - 3 **8.0 5.75 -.5.75 RAP/MAC- RAP/MilledACnotmeetingMAGSection702. *Or recycledAC, exceptfor surfacecoursewhich must be new AC. **Minimum base material thickness recommended. The asphalt concrete section may include an asphalt-rubber asphalt concrete (ARAC)surface course whichis 1.0 to 1.5 inches thick. TheARAC will providea more stabile pavement which will be less susceptible to rutting and shoving of the surface.When used as an overlay,the ARACwill limit reflective cracking. The ARAC also reducesroad noise from tire traffic. Reconstruction of the three road sectionscanbe accomplished in phases. From a trafficvolume and existing pavement condition stand point, the initial phase of reconstruction should include the lanes in Poor condition (Rating 3 as shown on pages Cl-1 to Cl-3 in Appendix C), in the Curb Lane along Saguaro and Palisades. The next phase would be to reconstruct the Moderate- Poor condition (Rating 4 and 5 for the Travel Lane and Rating 5 for the Curb Lane, Pages Cl-1 to Cl-3,Appendix C) along Saguaro and Palisades and Fountain Hills. The last phase for the Travel and Curb Lanes reconstruction would be the Moderate-Good and Good condition (Ratings 2 (Travel and Curb Lanes), 3 (Travel Lanes) and 4 (Curb Lanes) Pages Cl-1 to Cl-3,Appendix C). The two-way center turn lane section ofroads and the old left turn lanes (not shown on page C3 in Appendix C) can either be reconstructed with the adjacent Travel Lane reconstruction or on an as needed bases depending on existing pavement condition and traffic volumes.The ShoulderLane and the old right turn lanes (not shown on page C3 in Appendix C) can either be RAMM ProjectNo. G19586 7 reconstructed with the adjacent Curb Lane or on anas needed base depending on the existing pavement condition and traffic volume. Rehabilitation Required to Meet the Minimum Section (20 Years,Minimum SN=2.4) General:A 20 yearDesign Lifefora full depthasphalt concrete section is 5.75inchesthick. Overlays:Where the existing asphalt concrete is at least 3 inches thick, the existing asphalt concrete should bemilledat least 1inch deepandoverlainwithadditionalasphalt concrete.The overlay thicknessshould include one inch of asphalt concrete to replace the milling depth plus the required asphalt concrete to meet the minimum SN. Milling may be eliminated if all cracks greater than V"wide are cleaned and sealed in accordance with MAG Section 337 and an ARAC is usedfor the overlay or a SAMI is placed or a rubberized geotextile with a lack coat is placed onthecleaned pavementsurface prior to overlayingthe pavement. Asphalt Concrete Removal: Remove the existing asphalt concrete (milling may be used) and replacewith up to 5.75 inches of asphalt concrete in maximum 3 inch thick lifts. Rehabilitation Required to Meet 10 Year Design Life (Minimum SN=2.Q): General:A 10year Design Life fora fiill depth asphaltconcrete section is 4.75 inchesthick. Overlay:Where the existing asphalt concrete is at least 3 inches thick, the existing asphalt concrete should be milled at least 1inch deep andoverlain with additional asphalt concrete.The overlay thickness should include one inch of asphalt concrete to replace the milling depth plus the required asphalt concrete to meetthe SN=2.0.Millingmaybeeliminated if all cracks greater than lA"wide are cleaned and sealed in accordance with MAG Section 337 and an ARAC is used for the overlay or a SAMI is placed or a rubberized geotextile with a tack coatis placed on the cleanedpavement surface prior to overlaying the pavement. Asphalt Concrete Removal:Remove the existing asphalt concrete (milling may be used)and replace withup to4.75inchesofasphalt concrete in maximum 3 inchthick lifts. CONCLUSIONS In most areas,the rehabilitations presented above will resultin raising the pavement grade which canonlybe accomplished if it is acceptable to: RAMM Project No.G19586 8 2250946.1 EXHIBIT 3 TO ADDENDUM NO.1 TO INVITATION FOR BIDS NO.DS2015-102 [Supplement to Geotechnical Engineering Report] See following pages. <T> RAMM RICKER • ATKINSON •McBEE •MORMAN &ASSOCIATES,INC. Geotechnical Engineering •Construction Materials Testing W «?2014] Kimley-Horn and Associates APPROVEDA July 3,2014 7740 North 16th Street,Suite 300 -,~- Phoenix,Arizona 85020 jj BY:J.4/.„i...^. Attention:Chris Woolery P.E,DATE'Z^ff^J^l Engineering 9to0© Subject:Geotechnical Engineering Report RAMM Project No.G21277 Drainage and Street Improvements Supplement No. 1 Saguaro Boulevard at Four Sites Fountain Hills.Arizona At your request this firm has reviewed the subject report with respect to the following comments/ questions Randy Harrel with the Town of Fountain Hills; • Page 3,Construction Excavation and Temporary Construction Cut Slopes: "1.Dewatering should not be required."Except following rainstorms? •Page 5,Corrosion Potential: Is this excessive corrosion potential for galvanized steel storm drain pipe (CMP, as currently shown on the 60%drawings)?What about for bituminous coated CMP, aluminized pipe (as the Flood Control District is proposing to use for some connector lengths on their box culvert project on Saguaro Blvd. at Ashbrook Wash,about Vi mile north of Palisades Blvd.), concrete pipe,ductile iron water pipe (for CCWC relocations),and/or for other concrete structures/work? (Note: Since this project is doing minor culvert pipe extensions and connector pipe lengths connecting to existing galvanized CMPs everywhere except at Palisades,specifying bituminous coated CMP:s for these locations might be best, if that is adequate for corrosion.) The significant pipe length in this project is located at Palisades Blvd. (at Borings #1 and #2, where the resistivities are significantly higher than at Boring #3). Could we allow the significant pipe lengths at Palisades Blvd. to include materials that aren't allowed at the other 3 locations? • Page 5, Site Soils: Are the excess,to-be-removed,near-surface soils acceptable to place within a 20'-307 deep roadway shoulder fill along Shea Blvd.,including being that future roadway widening's and future sidewalk's subgrade? Based on our review,we recommend the following: • Page 3,Construction Excavation and Temporary Construction Cut Slopes: Should be revised to read "1. Dewatering is required where water bearing soil zones are encountered and where water enters or ponds in open excavations and subgrade areas". 2105 South Hardy Drive,Suite 13,Tempe,AZ 85282-1924 •Telephone (480)921-8100 • Facsimile (480)921-4081 www.rammeng.com •Page 5,Corrosion Potential: The following should be added to this section: "Corrugated metal culvert pipes shouldbe bituminous coated or aluminum alloy where minimum resistivity values range from 500 to 1999 ohm-cm and bituminous coated in the range of 0 to 499 ohm-cm.Reinforced concrete pipes may also be used." • Page 5,Site Soils: The following should be added to this section:"These soils may be used as trench backfill,pavement subgrade fill, roadway embankment fill and as general fill in other areas within the Town right-of-ways and easements." If youhave any questions, please do not hesitate to call. This letter should be attached to and made a part of our original report dated June 23,2014. Respectfully submitted, RICKER •ATKINSON •McBEE •MORMAN &ASSOCIATES,INC. Expires-3/31/2016 By:Kenneth L.Ricker,P.E. /dh Copiesto: Addressee (4) (chris.woolerv(Sikimlev-horn.com) Town of Fountain Hills (1) Randy Harrel, email (rharrelffifh.az.gov) 2250946.1 EXHIBIT 4 TO ADDENDUM NO.1 TO INVITATION FOR BIDS NO.DS2015-102 [PriceSheet] See following pages. TOWNOF FOUNTAIN HILLS -SAGUARO BLVD RECONSTRUCTION (TREVINODRTO FOUNTAIN HILLS BLVD) REVISED PRICE SHEET 10/06/2014 -ADDENDUM NO.1 S6010 SCHEDULE A I BID ITEM NUMBER ITEM DESCRIPTION UNIT QUANTITY UNIT COST TOTAL 105.80000 CONSTRUCTION SURVEYING LS 1 107.02000 AZPDES PERMIT LS 1 109.09000 MOBILIZATION/DEMOBILIZATION LS 1 112.01000 CONTRACTOR QUALITY CONTROL LS 1 201.01012 REMOVE TREE, DIAMETER >12"EA 13 220.10075 RIPRAP,D50=3",6"THICK, WITH FILTER FABRIC CY 41 220.10150 RIPRAP, D50=6",r THICK, WITH FILTER FABRIC CY 10 220.20000 GROUTED RIPRAP,D50=6'\1' THICK(NOFILTER FABRIC)CY 18 301.01000 SUBGRADE PREPARATION SY 154,148 310.03150 AGGREGATE BASECOURSE, 6" THICK SY 154,148 321.00202 ASPHALT CONCRETE PAVEMENT SURFACE COURSE,A-12.5 EVAC, 2"THICK SY 154,148 321.00302 ASPHALT CONCRETE PAVEMENT BASE COURSE,A-19 EVAC,2" THICK SY 154,148 329.02000 BITUMINOUS TACK COAT TON 64 340.01110 VERTICAL CURB &GUTTER,MAG DET.220-1,TYPE A,H=6H LF 48,075 340.01130 ROLLCURB &GUTTER, MAG DET.220-1,TYPE C LF 3,436 340.01150 SINGLE CURB, MAG DET.222,TYPE A,H=6"LF 61 340.01210 CONCRETE SIDEWALK, MAG DET.230 SF 3,286 340.01217 CONCRETE MEDIAN NOSE TRANSITION PER MAG DET.223 EA 25 340.01220 CONCRETE SIDEWALK,MODIFIED 9"THICK, MAG DET.230 SF 155 340.01305 DIRECTIONAL SIDEWALK RAMP RETROFIT,TYPE A,PER CITY OF SCOTTSDALE DET 2233-1 EA 8 340.01308 IN-LINE SIDEWALK RAMP,PER CITY OF CHANDLER DET C-257 EA 2 340.01309 SIDEWALK RAMP PER DETAIL 7, DRAWING L1.3 (AVENUE OF THE FOUNTAINS) EA 1 340.01390 DETECTABLE WARNING PRE-CAST SLAB,TERRA COTTA COLOR SF 322 340.01600 CONCRETE APRON AND VALLEY GUTTER,MAG DET.240 SF 1,215 340.20501 CONCRETE PAVER BAND AROUND PAVERS W/CONCRETE FOOTER LF 510 342.01100 CONCRETE PAVING STONE W/BASE MATERIAL SF 3,190 345.00020 ADJUST FHSD VAULT PER DETAIL EA 5 345.01100 ADJUST MANHOLE FRAME &COVER,MAG DET.422 EA 23 345.01400 ADJUST VALVE BOX &COVER,MAG DET.391-1,TYPE C EA 84 345.01505 ADJUST TRAFFIC SIGNAL PULLBOX TO GRADE EA 2 345.01510 RELOCATE EXISTINGREMOTE CONTROL VALVE &BOX, EXTEND SLEEVE,WIRE, AND MAINLINE JOB 1 350.01250 CUT AND REMOVE EXISTING PIPE,BACKFILL &COMPACT LF 333 350.01300 REMOVE EXISTING AC PAVEMENT SY 160,743 C-1 TOWNOF FOUNTAIN HILLS -SAGUARO BLVD RECONSTRUCTION (TREVINO DRTO FOUNTAIN HILLS BLVD) REVISED PRICE SHEET 10/06/2014 -ADDENDUM NO.1 S6010 SCHEDULE A | BID ITEM NUMBER ITEM DESCRIPTION UNIT QUANTITY UNIT COST TOTAL 350.01602 REMOVE CONCRETE DRAINAGE INLET STRUCTURE EA 4 350.01800 REMOVE CONCRETE CURB AND GUTTER LF 672 350.01801 REMOVE VALLEY GUTTER SF 2,932 350.01850 REMOVE CONCRETE WEDGE CURB LF 50,773 350.01900 REMOVE SIDEWALK SF 3,922 350.01901 SAWCUT &REMOVE EXISTING SIDEWALK/SIDEWALK RAMP FOR DETECTABLE WARNING SLAB SF 242 350.01950 REMOVE EXISTING TRUNCATED DOMES SF 17 350.01951 REMOVE EXISTING CONCRETE FOUNDATIONS (FOR LIGHTING)EA 3 350.02251 REMOVE CONCRETE SPILLWAY SF 73 350.04002 REMOVE PEDESTRIAN PUSH BUTTON &FOUNDATION EA 2 350.04100 REMOVE TRAFFIC SIGNS LS 1 350.50001 REMOVE EXISTINGIMPROVEMENTS (AVENUEOF THE FOUNTAINS MEDIAN)LS 1 401.01000 TRAFFIC CONTROL LS 1 401.01105 UNIFORMED OFF-DUTY OFFICER HR 600 401.11100 PORTABLE CHANGEABLE MESSAGE SIGN EA-DAY 400 405.00010 SURVEY MARKER,MAG DET.120-1,TYPE A EA 5 405.00020 SURVEY MARKER,MAG DET.120-1,TYPE B EA 1 430.01001 LANDSCAPE ESTABLISHMENT - (MAINTENANCE)LS 1 430.01016 TREE-48"BOX EA 4 430.01021 SHRUBS - 1 GAL EA 55 430.01025 SHRUBS - 5 GAL EA 51 430.01035 CONCRETE HEADER LF 57 430.01038 SOD SF 3,495 430.01075 TYPAR (ROOT PROTECTION)SF 790 430.42001 DECOMPOSED GRANITE,2"THICK SF 1,645 440.10000 IRRIGATIONSYSTEM (AOTF)LS 1 440.10022 1"BACKFLOW PREVENTION UNIT &ASSEMBLY EA 15 440.40001 1"SCH.40 PVC IRRIGATION SERVICE LF 805 440.40004 4"SCH.40 PVC CONDUIT SLEEVE LF 710 461.01100 4"WHITE TRAFFIC PAINT STRIPE LF 80,671 461.01200 4"YELLOW TRAFFIC PAINT STRIPE LF 14,960 461.01500 PAINT SYMBOL (ARROWS)EA 51 461.01600 PAINT MEDIAN ISLAND EA 55 C-2 TOWN OF FOUNTAIN HILLS -SAGUARO BLVD RECONSTRUCTION (TREVINO DRTO FOUNTAIN HILLS BLVD) REVISED PRICE SHEET 10/06/2014 -ADDENDUM NO.1 S6010 SCHEDULE A BID ITEM NUMBER ITEM DESCRIPTION UNIT QUANTITY UNIT COST TOTAL 462.01100 4"WHITE THERMOPLASTIC TRAFFIC STRIPE LF 80,671 462.01200 4"YELLOW THERMOPLASTIC TRAFFIC STRIPE LF 14,960 462.01510 THERMOPLASTIC PAVEMENT ARROW EA 51 463.01000 REFLECTORIZEDRAISED PAVEMENT MARKER(TYPEC, CLEAR, RED)EA 1,529 463.01100 REFLECTORIZED RAISED PAVEMENT MARKER(TYPE D,YELLOW,2- WAY)EA 2,673 463.01200 REFLECTORIZED RAISED PAVEMENT MARKER(TYPE G, CLEAR, 1- WAY)EA 18 463.01400 REFLECTORIZEDRAISED PAVEMENT MARKER(TYPE BB, BLUE,2- WAY)EA 36 464.02000 PERFORATED SIGN POST LF 386 464.02001 PERFORATED SIGN POST FOUNDATION,DETAIL ADOT S-3 EA 39 465.01003 FLAT SHEET ALUMINUM SIGN PANEL,DIAMOND GRADE SF 39 473.61000 6'X 6'DETECTOR LOOP EA 4 473.64000 6'X 40'QUADRUPOLE LOOP EA 3 479.00001 SCH.40 PVC ELECTRICAL CONDUIT,3/4"LF 210 479.00011 SCH.40 PVC ELECTRICAL CONDUIT,1"LF 105 479.00015 SCH.40 PVC ELECTRICAL CONDUIT,1.5"LF 70 479.01000 CONDUCTOR (NO.12)LF 420 479.01001 CONDUCTOR (NO. 8)LF 20 479.01002 CONDUCTOR (NO. 6)LF 285 479.01003 CONDUCTOR (NO. 3)LF 1,480 479.01004 CONDUCTOR (INSULATED BOND) (NO.12)LF 210 479.01005 CONDUCTOR (INSULATED BOND) (NO. 8)LF 475 479.01006 ELECTRICAL PANEL EA 1 479.01007 ELECTRICAL EVENT RECEPTACLE EA 1 479.01008 GFCI RECEPTACLE EA 3 479.01010 WALL MOUNTED LIGHT FIXTURE (HUBBEL CAT#LNC2/12LU/4K/4/2)EA 1 505.06401 CONCRETE SCUPPER,MAG DET.206,W=26.5'EA 1 505.13617 CATCH BASIN COP STD P-1569-1 OR 2,TYPE M-1,L=17\MODIFIED EA 2 505.13627 CATCH BASIN COP STD P-1569-1 OR 2,TYPE M-2,L=17'EA 4 505.13628 CATCH BASIN COP STD P-1569-1 OR 2,TYPE M-2,L=17\MODIFIED EA 2 520.01035 SAFETY RAIL(HEIGHT =3'-6")MAG DET.145 LF 36 523.15235 HEADWALL,DROP INLET,MAG DET.501-5 (MODIFIED)EA 3 540.00000 WATER FEATURE AND PLAZA(WALLS, CURBS,NOZZELS,PUMPS, PIPING,CONTROL SYSTEM,AND RELATED ITEMS)LS 1 610.02012 12"DUCTILE IRON PIPE WATERLINE W/FITTINGS LF 364 C-3 TOWNOF FOUNTAIN HILLS -SAGUARO BLVD RECONSTRUCTION (TREVINO DRTO FOUNTAIN HILLS BLVD) REVISED PRICE SHEET 10/06/2014 -ADDENDUM NO.1 S6010 SCHEDULE A BID ITEM NUMBER ITEM DESCRIPTION UNIT QUANTITY UNIT COST TOTAL 610.05110 VERT. REALIGN 12"WATERLINE (EPCOR-LOCATION 1)EA 610.05111 VERT. REALIGN12" WATERLINE (EPCOR-LOCATION 2)EA 610.05112 VERT.REALIGN 12" WATERLINE(EPCOR-LOCATION3)EA 610.05113 VERT.REALIGN 12" WATERLINE(EPCOR-LOCATION4)EA 610.05200 AIR RELEASE VALVE(FHSD)EA 2 616.00005 VERT.REALIGN 16" EFFLUENT (FHSD)EA 616.00010 VERT. REALIGN12" FORCEMAIN (FHSD)EA 616.00015 VERT. REALIGN12" EFFLUENT (FHSD)EA 618.00136 36"X24"PRE FABBED T CONNECTION EA 618.00153 ARCH PIPE PRE FABBED T CONNECTION EA 618.00836 PIPE PLUG,MAG DET.427,36"PIPE EA 618.00900 CONCRETE PIPE COLLAR,MAG DET.505 EA 3 621.11180 18" CMP,SMOOTH LINED, 16 GAUGE,BITUMINOUS-COATED TYPE A LF 22 621.11240 24" CMP,SMOOTH LINED, 16 GAUGE,BITUMINOUS-COATED TYPE A LF 338 621.11360 36" CMP,SMOOTH LINED,16 GAUGE,BITUMINOUS-COATED TYPE A LF 144 621.11480 48" CMP,SMOOTH LINED,16 GAUGE,BITUMINOUS-COATED TYPE A LF 30 621.11530 53"X41"CMP ARCH PIPE,SMOOTH LINED, 16 GAUGE,BITUMINOUS- COATED LF 327 625.01100 STORM DRAIN MANHOLE,MAG DET.520 &522 EA 2 625.01200 STORM DRAIN MANHOLE,MAG DET. 521 &522 EA 3 630.01112 12"GATE VALVE W/BOX &COVER EA 1 798.10000 SITE FURNISHINGS(BENCHES, TRASH RECEPTACLE, BIKERACK AND CLOCK)LS 1 799.10000 8" CMU WALL,GATE,METAL PANELS LS 1 799.10010 GABION BASKET SEAT WALL LF 20 799.10020 GABION BASKET COLUMN AND LIGHT EA 2 SCHEDULE A SUB TOTAL BASE BID: OWNER'S ALLOWANCE:$250,000.00 SCHEDULE A TOTAL BASE BID (INCLUDING OWNER'S ALLOWANCE)*: *ALL BIDS ARE PRESUMED TO INCLUDE ALL APPLICABLE TAXES.CONTRACTOR IS RESPONSIBLE FOR ENSURING THAT ALL MATERIALS CONTAINED IN THE PLANS FOR THE PROJECT ARE BID ON THE PRICE SHEET. C-4 TOWN OF FOUNTAIN HILLS -SAGUARO BLVD PALISADES BLVD TRAFFIC SIGNAL IMPROVEMENTS REVISED PRICE SHEET 10/06/2014 -ADDENDUM NO.1 T5011 SCHEDULE B BID ITEM NUMBER ITEM DESCRIPTION UNIT QUANTITY UNIT COST TOTAL 105.80000 CONSTRUCTION SURVEYING LS 1 107.02000 AZPDES PERMIT LS 1 109.09000 MOBILIZATION/DEMOBILIZATION LS 1 112.01000 CONTRACTOR QUALITY CONTROL LS 1 301.01000 SUBGRADE PREPARATION SY 2,427 310.03150 AGGREGATE BASE COURSE,6" THICK SY 2,427 321.00202 ASPHALT CONCRETE PAVEMENT SURFACE COURSE.A-12.5 EVAC, 2"THICK SY 2,427 321.00302 ASPHALT CONCRETE PAVEMENT BASE COURSE,A-19 EVAC, 2" THICK SY 2,427 329.02000 BITUMINOUS TACK COAT Ton 1 340.01110 VERTICAL CURB &GUTTER,MAG DET.220,TYPE A, H=6"LF 420 340.01150 SINGLE CURB,MAG DET.222,TYPE A LF 34 340.01210 CONCRETE SIDEWALK, MAG DET.230 SF 952 340.01217 CONCRETE MEDIAN NOSE TRANSITION PER MAG DET.223 EA 2 340.01304 DIRECTIONAL SIDEWALK RAMP PER CITY OF SCOTTSDALE DET 2232 EA 2 340.01305 DIRECTIONAL SIDEWALK RAMP RETROFIT,TYPE A,PER CITY OF SCOTTSDALE DET 2233-1 EA 3 340.01306 DIRECTIONAL SIDEWALK RAMP RETROFIT,TYPE B,PER CITY OF SCOTTSDALE DET 2233-2 EA 1 340.01307 MID-BLOCK SIDEWALK RAMP,TYPE B PER CITY OF SCOTTSDALE DET 2235-2 EA 1 340.01390 DETECTABLE WARNING PRE-CAST SLAB,TERRA COTTA COLOR SF 50 345.00020 ADJUST FHSD VAULT PER DETAIL EA 1 345.01100 ADJUST MANHOLE FRAME &COVER,MAG DET.422 EA 1 345.01400 ADJUST VALVE BOX &COVER,MAG DET.391-1-C EA 3 350.01300 REMOVE EXISTING AC PAVEMENT SY 2,297 350.01800 REMOVE CONCRETE CURB AND GUTTER LF 259 350.01801 REMOVE VALLEY GUTTER SF 2,147 350.01850 REMOVE CONCRETE WEDGE CURB LF 152 350.01900 REMOVE SIDEWALK SF 1,525 350.04001 REMOVE,SALVAGE AND DISPOSE TRAFFIC SIGNAL LS 1 401.01000 TRAFFIC CONTROL LS 1 465.02010 ILLUMINATED STREET NAME SIGN EA 4 471.60045 NO.5 PULL BOX EA 2 471.60047 NO.7 PULL BOX EA 6 471.60057 NO.7 PULL BOX W/EXTENSION EA 1 471.61112 SCH.40 PVC ELECTRICAL CONDUIT,2" W/%"NYLON PULL ROPE AND #8 BARE COPPER WIRE (TRENCH)LF 450 C-5 TOWN OF FOUNTAIN HILLS -SAGUARO BLVD PALISADES BLVD TRAFFIC SIGNAL IMPROVEMENTS REVISED PRICE SHEET 10/06/2014 -ADDENDUM NO. 1 T5011 SCHEDULE B BID ITEM NUMBER ITEM DESCRIPTION UNIT QUANTITY UNIT COST TOTAL 471.61113 SCH.40 PVC ELECTRICAL CONDUIT, 2"W/1/4"NYLON PULL ROPE AND #8 BARE COPPER WIRE (HORIZONTAL BORE) LF 100 471.61312 SCH. 40 PVC ELECTRICALCONDUIT, 3" W/%"NYLONPULL ROPE AND W/ # 8 BARE COPPER WIRE (TRENCH)LF 100 471.61313 SCH. 40 PVC ELECTRICALCONDUIT, 3" W/%"NYLONPULL ROPE AND W/ # 8 BARE COPPER WIRE (HORIZONTAL BORE)LF 1,050 472.61100 POLE FOUNDATION, TYPE A, ADOT DTL T.S 4-1 EA 4 472.61400 POLE FOUNDATION, TYPE KOR R, ADOT DTL T.S. 4-9 OR 4-11 EA 4 472.61500 POLE FOUNDATION,TYPE PB (PUSH BUTTON),ADOT DTLT.S. 4-22 EA 2 473.61000 6'X 6'DETECTOR LOOP EA 5 473.73000 PEDESTRIAN PUSH BUTTON W/SIGN EA 8 473.73010 AUDIBLE PEDESTRIAN PUSH BUTTON W/SIGN EA 2 474.60750 TYPE R SIGNAL POLE W/45'MAST ARM,ADOT T.S.4-11 EA 3 474.60760 TYPE R SIGNAL POLE W/50'MAST ARM,ADOT T.S.4-11 EA 1 475.83020 PRE-EMPTION EQUIPMENT LS 1 476.61212 12"SIGNAL INDICATION,TYPE V SIGNAL FACE W/TYPE II PLUMBIZER MOUNTING ASSEMBLY EA 8 476.61213 12"SIGNAL INDICATION,TYPE 'F'SIGNAL FACE W/TYPE V MOUNTING ASSEMBLY EA 8 476.61214 12"SIGNAL INDICATION,TYPE 'P SIGNAL FACE W/TYPE VII MOUNTING ASSEMBLY EA 1 476.61215 12"SIGNAL INDICATION,TYPE 'F'SIGNAL FACE W/ASTRO BRACK MOUNTING ASSEMBLY EA 1 476.62015 PEDESTRIAN SIGNAL INDICATION W/TYPE V MOUNTING ASSEMBLY EA 8 477.61200 LUMINAIRE.MASTARM20'EA 4 478.01000 ELECTRICAL CONDUCTORS LS 1 485.20000 VIDEO DETECTION SYSTEM (4-CAMERA)LS 1 SCHEDULE B TOTAL BASE BID*: *ALL BIDS ARE PRESUMED TO INCLUDE ALL APPLICABLE TAXES.CONTRACTOR IS RESPONSIBLE FOR ENSURING THAT ALL MATERIALS CONTAINED IN THE PLANS FOR THE PROJECT ARE BID ON THE PRICE SHEET. C-6 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:11/20/2014 Meeting Type:Regular Session Agenda Type:Regular Submitting Department:Development Services Staff Contact Information:Randy L. Harrel, PE, RLS,CFM Town Engineer Strategic Values:Council Goal: Maintain/Improve Community Infrastructure Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language):Discussion, with possible direction to Staff, regarding project approvals for the Salt River Project Municipal Aesthetics Fund. Applicant:N/A Applicant Contact Information:Janice Cacioppo/SRP Municipal Aesthetics Fund Program Administrator Tele:602-236-3735 E-mail:Janice.Caccioppo@srpnet.com Property Location:Various Related Ordinance,Policy or Guiding Principle:N/A Staff Summary (background):SRP annually allocates funds for aesthetics upgrades to its facilities (in its Muncipal Aesthetics Fund (SRP-MAF)).SRP separates these funds by municipality and allows each municipality to direct where and how its share of the funds are used (subject to SRP's parameters).SRP has since 1991 funded the MAF,and reports the account balance statement to each municipality annually,usually in conjunction with an annual meeting.(The most recent annual SRP Funding Summary for Fountain Hills, dated 6-9-14 (attached),shows an account balance of $1,773,171.) Since the MAF funds are SRP's money,and not the Town's,Town Staff (Town Manager or Dept. Director)has historically directed SRP how to utilize those funds. Beginning in 1994,SRP has completed 23 MAF projects,as requested by the Town, totalling $1,726,726. Those projects consisted of the following work types: *Substation aesthetic improvement*-4 projects *Change wood poles to steel poles - 4 " *Underground 12 kV (looping)line - 2 " *Relocate/lower equipment box - 6 " * Ft. McDowell projects -4 " *Comm.wires and radio transmitters 3 " Total Projects Funded 23 " *These substation improvements included masonry walls,paved driveways,and/or landscaping/irrigation. Page 1 of 4 A full listing ofSRP's completed projects is included in Janice Caccioppo's letter of 10-20-14 (attached). In late 2012,SRP published comprehensive guidelines for the MAF,titled "SRP Municipal Aesthetics Fund Program Guidelines 2012"(attached).Those guidelines specifya minimum annual municipal funding of $100,000 (which isthe amont that Fountain Hills'accounthas receivedevery yearsince 2010);listed allowed uses for the MAF funds;set a cap ofthree years funding oneach municipality's account balance (for Fountain Hills -$300,000);allowed "borrowing"of up to 2 years of future funding;and set forfeiture dates for funds exceeding that cap. Janice Cacioppo's 7-10-14 letter(attached) showed the Town's Available Funding Balance ($1,773,171),"AtRisk"Funds-2013 ($1,573,171),and the required dates for Requests for Estimates (October 31,2014) and forthe Town's Approval of Estimates (January 31,2015).(Note: Since that date, the Town has authorizedthe Adero Conversion for MCO,totalling $191,600.That authorization is a part of Janice Cacioppo's 10-20-14 letter.) Fountain Hills has no SRP water facilities,little 12 kV overhead electric facilities,insufficient funding for undergroundingmuch or any 69kV overhead electric facilities,and has now completed aesthetic upgrades to all four of the electrical substations within the Town.So,especially since implementation of SRP's current, more restrictive "Guidelines",opportunities to utilize the Town's "At Risk"MAF funds are somewhat limiited. CURRENT PROJECT REQUESTS: By letters of 8-4-14 and 8-5-14 (attached),Town Staff has requested estimates,and SRP has now prepared Conceptual Cost Estimates (attached)for most of those requests,totalling more than the "At Risk"Funds amount.Those Requests and Estimates are summarized as follows (with a Letter Item No.corresponding to the numbering in those letters): 1.Faux Saguaro Cactus "Poles"for SRP's Proposed Smart Router System:11 locations.SRP's 10-20-14 Conceptual Cost Estimate is $275,000.This project will be the subject of a presentation to the Council in a separate,upcoming future agenda item. 2.Upgrade Proposed Wood Poles to Weathering Steel Poles in MCO's Proposed Adero Canyon 69 kV Relocation Project:SRP's 9-25-14 Conceptual Estimate was signed by Development Services Director Paul Mood on 9-25-14,for $191,600.SRP's design,in conjunction with MCO Properties,is currently underway. MCO (Francisco Lopez via e-mail of 9-29-14)verified that this project is the correct scope of work for the MAF- fundable work in their Adero Canyon 69 kV relocation.However,the Town's Revised Settlement Agreement with MCO requires the Town to hold (the balance of its commitment of)$500,000 available for this project until the maximum account value is reduced,and then to hold $300,000 available until January 1,2018.To avoid losing excess funds,the Town needs MCO to release the remainder of the funding commitment in an amendment to that Revised Settlement Agreement,per the Town Attorney. 3.Underground the existing,underhung 12 kV line crossing Shea Blvd., at the East Town Boundary: ("Underhung"means wires that are hung below other wires on the same pole.Typically,higher voltage lines are required to be hung at a higher height.From top to bottom,a pole might have a Static Wire on top,one or two circuits (3 wires for each circuit) of 69 kV wiring next highest,a circuit (three wires)of 12 kV wires below that, a telephone wire below that, and a cable TV bundle lowest.)SRP's 9-15-14 Conceptual Estimate is: *Single Span -$298,200 *Three Span-$587,000 4.Underground the existing,underhung 12 kV line crossing Palisades Blvd.near Wheeler Substation: SRP's 9-16-14 Conceptual Estimate is: *Single Span-$292,100 *Three Spans -$556,500 5.Scottsdale Project ("Swap") -This project will authorize SRP funds to be used in an MAF project in Scottsdale.In exchange,in a separate IGA,Scottsdale will fund the Town's portion of the Federal Aid project to construct the sidewalk/multi-use path along the south sideofShea Blvd.between 142nd Street and Eagle Page 2 of4 Mountain Parkway.(Note:Since the high fill/high retaining wall segment ofthis route was designed in c.1995 foronlya 6'sidewalk,the project needs to be reduced to 6' wide inthat segment,then widening to 8' widefor the remainder ofthe project. The current cost estimate for the Town's portion ofthis project is $661,630. (Scottsdale's estimate is $852,730, less committed Federal Aid funding of$273,000 x 70%=$191,100.) 6. Caliente Wash Conversion: This will underground the only freestanding 12 kVelectric line span within the Town.SRP's 9-12-14 Conceptual Estimate is $333,300. PROJECT COST SUMMARY: Priority:Project #: 1.(Ltr Item #2)Adero Conversion (Now-authorized)$191,600 2. (Ltr Item #1)Faux Saguaros -11 locations $275,000 3. (Ltr Item #5)Scottsdale "Swap"(Prelim.)$661,630 4. (Ltr Item #3)Underground @ Shea -Single-span -$298,200 Three-span -$587,000 5. (Ltr Item #4)Underground @ Palisades -Single-span -$292,100 Three-span -$556,500 6. (Ltr Item #6)Underground @ Caliente Wash -$333,300 Total $2,051,183 $2,605,030 vs Available Funds $1,773,171 vs "At Risk"Funds $1,573,171 Excluding the above now-authorized Project #2 (Adero Conversion),and deferring the lower priority Project #4 (Undergrounding at Palisades,Single Span)and Project #6 (Undergrounding at Calinete Wash),yields: Subtotal (Ltr Items #1,5,and 3 (three span))$1,523,630 vs Adjusted Available Funds $1,581,571 vs Adjusted "AtRisk"Funds $1,381,571 Projected Account Balance/Available Funds (after authorization of Projects #1,#5,and #3 (three span)in early 2015):$ 57,941 Risk Analysis (options or alternatives with implications):If sufficient projects are not authorized by the Town by January 31,2015,the Town's MAF account balance amount exceeding $300,000 will be forfeited. And, SRP's annual contribution to the Town's MAF account ($100,000 annually)will be forfeited annually,beginning in May 2015. Fiscal Impact (initial and ongoing costs;budget status):None. Budget Reference (page number):N/A Funding Source:NA If Multiple Funds utilized,list here: Budgeted;if No,attach Budget Adjustment Form:na Recommendation(s)by Board(s)or Commission(s):N/A Staff Recommendation(s):In addition to the now-authorized Project #2 (Adero Conversion), Staff recommends approving Project #1 (Faux Saguaros for SRP's Proposed Smart Router System,subject to a separate presentation to the Town Council),Project #5 (Scottsdale "Swap", upon approval of an IGA with the City ofScottsdale), and Project #3 (Underground at Shea,three span option, upon receiving adequate release from MCO regarding the Town's commitment in Adero).If any of those projects are unable to be authorized prior to SRP's Jan.31,2015 deadline; and/or when adequate MAF account funding plus SRP advance authorization (i.e.MAF "borrowing") is available,Staff recommends approving: *Project#4 (Undergroundat Palisades,Single Span),estimated to be fundable after May 2015. Page 3 of4 *Project #6 (Underground at Caliente Wash),estimated to be fundable after May 2018. List Attachment(s): Proposed Project Locations Map Typical Wiring (annotated)Photo J.Cacioppo/SRP letter of 6-9-14,with MAF Funding Summary J.Cacioppo/SRP letter of 7-10-14,"SRP MAF Program -Three Year Rolling Status" J.Cacioppo/SRP e-mail of 10-20-14,with updated MAF Funding Summary,and list of Completed Projects TOFH Conceptual Estimate Request letter of 8-4-14 TOFH Conceptual Estimate Request letter of 8-5-14 J.Cacioppo/SRP Conceptual Estimate -Smart Router Faux Saguaros -10-20-14 Faux Saguaros Photo J.Cacioppo/SRP Conceptual Estimate -Adero -9-25-14 Excerpt from "Revised Settlement Agreement...."with MCO J.Cacioppo/SRP Conceptual Estimate -Shea-Beeline -9-15-14 Shea-Beeline Photo J.Cacioppo/SRP Conceptual Estimate -Palisades -9-16-14 Palisades Photo Eric Waldo/Scottsdale Estimate -Shea Multi-Use Path -9-22-14 Shea Multi-Use Path Photo J.Cacioppo/SRP Conceptual Estimate -Caliente Wash -9-12-14 Caliente Wash Photo "SRP MAF Program Guidelines 2012" Other Potential Projects Descriptions Other Potential Projects Map SUGGESTED MOTION (for council use):Move to direct Staff to authorize the work in SRP-MAF Conceptual Estimates #1 (Faux Saguaros),#5 (Scottsdale "Swap"),and #3 (Underground at Shea;three span option), when feasible;with Projects #4 (Underground at Palisades;single span option)and #6 (Underground at Caliente Wash)as alternates,if needed,or when adequate future funding is available. Prepared b 11/7/2014 Directojis-Ap protfaf: Pciul Mood,-Development Services Director 11/10/2014 ppraved:^~/"~\Apprc Ken Buchanan,Town Manager 11//2014 Paae4of4 SRP MAF Project Priorities Typical Wiring Adero Canyon Smart Router Faux Saguaros Shea Multi-Use Path Shea-Beeline Before Shea-Beeline After Palisades Before Palisades After Caliente Wash Before Caliente Wash After SRP MAF POTENTIAL PROJECTS A.Replace 10 Wood Poles with Steel Poles [Eliminates 80 guy wires and 4 guy poles.] B.Underground Under-hung 12 kV Wires – 5 locations: * Del Cambre at Ashbrook Wash * El Pueblo at Ashbrook Wash * Grande at El Pueblo * Panorama at wash north of Morningside Subdivision * Panorama at Tioga C.Larger combined projects Ashbrook Wash & El Pueblo – Underground, underhung 12 kV [Elimniates 54 guy wires, 1 guy pole, and 13 spans of under-hung wiring.] Glenbrook Blvd. – Replace 16 wood poles with steel poles. [Eliminates 50 guy wires and 3 guy poles.] SRP MAF PROJECT PRIORITIES 1.Adero Conversion (Authorized) $191,600 2.Faux Saguaros – 11 locations $275,000 3.Scottsdale “Swap” (Preliminary) $661,630 4.Underground @ Shea (3-span) $587,000 Proposed Subtotal $1,715,230 5. Underground @ Palisades (1-span) $292,100 6. Underground @ Caliente Wash $333,300 Total all Projects $2,340,630 vs Available Funds $1,773,171 vs Available at Risk Funds $1,573,171 SRPMAFPROPOSEDPROJECTLOCATIONSSEESEPARATEMAPS:®SRPSMARTROUTERSYSTEM:FAUXSAGUAROS(STEELPOLES)©MCO-ADERO69KVSTEELPOLEUPGRADELEGENDWOODSRPPOLE-69KVWOODSRPPOLE-12KVORGUYSTEELSRPPOLEUNDERHUNGWIRINGNORTH1750'3500'SCALE:1"=3500'MAPDATE:10-21-14SHEA12KVUNDERGROUNDING(THREESPANS) P.O.Box52025 Phosnix,AZ 85072-2025 (602)236-5900 mvw.srpnet.com June 9,2014 ?^%s Paul Mood File No.:PSG-103.01.01 Town of Fountain Hills Ref.No.:MAPE-1303 F 16705 E Avenue of the Fountains Fountain Hills, AZ 85268 SUBJECT:SRP Municipal Aesthetics Program FY15 Annual Allocations Dear Mr.Mood, The SRP Municipal Aesthetics Program Annual Allocation for Fiscal Year 2015 is complete. Attached is your municipality's Funding Summary that includes Annual Allocations,Completed Projects (funds spent),current Active Projects (approved/committed funds) and Pending Approval Projects (pending municipality approval), and Available Funding. Italso shows if there is an Advancement Balance owed. In 2012 SRP implemented the "Three-year Rolling Program"to manage the Municipal Aesthetics Program base fund carryover. As was explained inthe 2012 Guidelines, the amount offunding a municipality may carryover will be limited beginning May 1, 2015;therefore,itis important for you to understand the status of your municipality's funding now. You will be receiving a separate letter from me in the next couple weeks with a timeline for requesting and approving Aesthetics estimates,what details should be considered when requesting an estimate,and, ifapplicable, what funds may be at risk offorfeiting ifnot committed on approved projects. Sincerely, 1/Janice Cacioppc30 Municipal Aesthetics Program Administrator Attachment c:Randy Harrel,Fountain Hills S Altuna M Bonano File fiS!^^"PSG-103.09.06 MUNICIPAL AESTHETICS PROGRAM FUNDING SUMMARY June 9,2014 FOUNTAIN HILLS SRP FISCAL YEAR* FUNDING ALLOCATION SRP MATCHING FUNDS LOANS/GIFTS TO/FROM OTHER MUNIS MUNI ADVANCED FUNDING ADVANCED FUNDING REPAYMENT FUNDING TOTAL 1991/1992 $50,000 $$$50,000 1992/1993 $27,000 $$$27,000 1993/1994 $72,000 $$$72,000 1994/1995 $110,000 $$i $110,000 1995/1996(1)$521,018 $$$521,018 1996/1997 $357,820 $$$357,820 1997/1998 $646,680 $$$646,680 1998/1999 $58,171 $$$58,171 1999/2000 $110,947 $$$110,947 2000/2001 $278,108 $$$278,108 2001/2002 $542,326 $$$542,326 2002/2003 $171,994 $$$171,994 2003/2004 $134,565 $$$134,565 2004/2005 (2)(3)$43,449 $$(155,942)FM $(112,493) 2005/2006 $28,787 $$$28,787 2006/2007 $52,338 $$$$52,338 2007/2008 $36,732 $$$$36,732 2008/2009 $540,543 $$$$540,543 2009/2010 $73,389 $$$$73,389 2010/2011(4)$100,000 $$$$100,000 2011/2012(4)$100,000 $$$$100,000 2012/2013 $100,000 $$$$100,000 2013/2014 $100,000 $$$$100,000 2014/2015 $100,000 $$$$100,000 $ TOTALS $4,355,867 $ ADVANCED FUNDING SUMMARY Amount Advanced Amount Repaid Advancement Amount Owed *SRP FISCAL YEAR IS MAY 1 -APRIL 30 (155,942)$$$4,199,925 LESS COMPLETED PROJECTS TOTAL $1,726,754 SUBTOTAL $2,473,171 LESS ACTIVE PROJECTS TOTAL $700,000 AVAILABLE FUNDING $1,773,171 LESS PENDING PROJECTS TOTAL $ FUNDING BALANCE IF PENDING PROJECTS APPROVED $1,773,171 (1) FY95/96 FH committed use of $573,518 in funding to Ft McDowellIndian Nation foraesthetically quailfyingprojects. FMis not partof program at that time (2) FY04/05 FHtransfer of $60,842 of unused funds from priorcommitment to Ft McDowell Indian Nation. (3)5/19/10 Audit:Corrected amount transferred to Ft McDowell. From $60,842 to $155,942.Also moved 2 completed jobs to FM Funding Summary FHLIS REV.xlsx/SUMMARY -REV 1 fo1 P.O.Box 52025 Phoenix, AZ 85072-2025 (602)236-5900 www.srpnet.com Paul Mood Town of Fountain Hills 16705 E Avenue of the Fountains Fountain Hills, AZ 85268 SUBJECT: SRP Municipal Aesthetics Program -Three-Year Rolling Program Status Dear Paul, Historically municipalities have been allowed to accumulate their unused Municipal Aesthetics funds indefinitely. The aggregate accumulation of all municipal unused funds is called the Base Fund Carryover,with the carryover capped at $40 Million (Base Fund Cap). This cap is necessary to ensure the program is sustainable and within SRP's financial means During SRP's Fiscal Years 2011 and 2012,SRP suspended the Municipal Aesthetics Program in response to wide-spread economic pressures.Although the Program was suspended,SRP continued to accrue the allocations on behalf of the municipalities. In January 2012 SRP reinstated the Program;however,SRP's commitment to continue to accrue the allocations resulted in the Base Fund Cap to be exceeded. To manage the Base Fund Cap a "Three Year Rolling Program"was implemented.This approach is to help ensure SRP remains at or under the Base Fund Cap going forward. To help manage the impacts of this,SRP delayed the implementation until May 2015 when SRP will formally implement the Three Year Rolling Program. As explained in the 2012 Municipal Aesthetics Program Guidelines, the amount of funding a municipality may carryover will be limited to three (3)SRP Fiscal Years'allocations beginning with Fiscal Year 2016 (May 2015).The three years are comprised of the current Fiscal Year ("Year 1") plus the two (2) most recent years ("Year 2" and "Year 3").Funds not approved or committedto projects priorto "Year3"will be forfeited May 1st each year. How the Three Year Rolling Program works: •£^*a July 10,2014 File No.:PSG-103.01.01 Ref.No.:MAPE-1312F SRP's Fiscal Year Fund Allocation Date 3-Year Rolling Program 2016 May/June 2015 Yearl 2015 May/June 2014 Year 2 2014 May/June 2013 Year 3 2013 May/June 2012 Year 4 (funds at Risk) Funding Balance Status Below is the status of your municipality's Aesthetics funding as of June 30,2014."At risk'funds are those funds from Fiscal Year 2013 (including prior carry over)that have not been committed on active,approved Aesthetics Projects."At r/s/c"funds will be deducted from your Aesthetics Available Funding balance on May 1st each year commencing May 1,2015. Funding Total $2,473,171 Less:Active Projects $700,000 Available Funding Subtotal $1,773,171 Less:Pending Approval $0 Available Funding Balance $1,773,171 Less:Allocations FY 2014 and FY 2015 $200,000 "AT RISK"FUNDS -FY 2013 $1,573,171 Dates for Requesting and Approving Use of "At Risk"Funds If your municipality has funds "at risk'and intends to utilize those funds on a qualified Aesthetics project,the timing for requesting an estimate and approving the use of those funds is critical. SRP makes every effort to prepare estimates in a timely manner.The time required to prepare an estimate can range from a few weeks to several months depending on the project's complexity and scope.Once the estimate is completed,there may be additional time for your municipality to go through its approval process. The following dates are provided to assist you in your planning process: •October 31,2014 -the last date SRP can accept new requests for estimates utilizing all or part of the "at risk"allocation. •January 31,2015 -the last date a municipality may submit their approval of SRP's Aesthetics estimate. Any new Aesthetics project(s)that are approved for funding prior to January 31,2015 will reduce the amount of funds at risk. New Requests for Estimates There are many things to consider when requesting new estimates for the purpose of utilizing any "at risk1 allocation including: •Is it a viable project? •Does the project qualify for Aesthetics funding? ® Is there enough time to get through the proposed project through the process? When requesting an estimate for a new project,please be sure to include: • A reasonably defined scope. •A graphical reference of the project including engineered plans (if available),maps, pictures,drawings,etc. • An estimated construction schedule.Please keep in mind the project must go to construction within 24 months of the cost estimate being completed. Please contact me at any time if you have any questions regarding the Aesthetics program and your municipality's funding status. Sincerely, Janice Cacioppo Municipal Aesthetics Program Administrator Janice.Cacioppo@srpnet.com (602)236-3735 Office (602)818-1447 Cell c:Randy Harrel,Fountain Hills V Featherly S Altuna M Bonano SWhyte File Randy Harrel From:Cacioppo Janice R [Janice.Cacioppo@srpnet.com] Sent:Monday,October 20,2014 3:48 PM To:Paul Mood;Randy Harrel Subject:Aesthetics FundingSummary Attachments:Ftn Hills Summary 10-20-14.pdf Here is a summary of Aesthetics funds and projects as of today. JANICE CACIOPPO SRP Project Services | Municipal Aesthetics Program Administrator Janice.Cacioppo@srpnet.com Mail Station XCT400 | P.O.Box52025 | Phoenix, AZ 85072-2025 Office:602.236.3735 I Cell:602.818.1447 I Fax:602.629.8390 4gSfi!i$'*tz238&-PSG-103.09.06 MUNICIPAL AESTHETICS PROGRAM FUNDING SUMMARY October 20,2014 FOUNTAIN HILLS SRP FISCAL YEAR* FUNDING ALLOCATION SRP IVIATCHING FUNDS LOANS/GIFTS TO/FROM OTHER MUNIS MUNI ADVANCED FUNDING ADVANCED FUNDING REPAYMENT FUNDING TOTAL 1991/1992 $50,000 $$$50,000 1992/1993 $27,000 $$$27,000 1993/1994 $72,000 $$$72,000 1994/1995 $110,000 $$$110,000 1995/1996(1)$521,018 $$$521,018 1996/1997 $357,820 $$$357,820 1997/1998 $646,680 $$$646,680 1998/1999 $58,171 $$$58,171 1999/2000 $110,947 $$$110,947 2000/2001 $278,108 $$$278,108 2001/2002 $542,326 $$$542,326 2002/2003 $171,994 $$$171,994 2003/2004 $134,565 $$$134,565 2004/2005 (2)(3)$43,449 $$(155,942)FM $(112,493) 2005/2006 $28,787 $$$28,787 2006/2007 $52,338 $$$$52,338 2007/2008 $36,732 $$$$36,732 2008/2009 $540,543 $$$$540,543 2009/2010 $73,389 $$$$73,389 2010/2011(4)$100,000 $$$$100,000 2011/2012(4)$100,000 $$$$100,000 2012/2013 $100,000 $$$$100,000 2013/2014 $100,000 $5 $$100,000 2014/2015 $100,000 $$$$100,000 $ TOTALS $4,355,867 $ ADVANCED FUNDING SUMMARY Amount Advanced Amount Repaid Advancement Amount Owed k SRP FISCAL YEAR IS MAY 1 -APRIL 30 (155,942)$$$4,199,925 LESS COMPLETED PROJECTS TOTAL $1,726,754 SUBTOTAL $2,473,171 LESS ACTIVE PROJECTS TOTAL $891,600 AVAILABLE FUNDING $1,581,571 LESS PENDING PROJECTS TOTAL $1,751,800 FUNDING BALANCE IF PENDING PROJECTS APPROVED $(170,229) (1) FY95/96 FHcommitted use of $573,518 infunding to FtMcDowellIndianNation foraesthetically quailfying projects. FMis not partof programatthattime (2) FY04/05 FHtransfer of $60,842 of unused funds from prior commitment to Ft McDowell Indian Nation. (3) 5/19/10 Audit:Corrected amount transferred to Ft McDowell.From $60,842 to $155,942. Also moved 2 completed jobs to FMFunding Summary FHLIS REV.xIsx/SUMMARY -REV 1 fo1 PSG-103.09.06 MUNICIPAL AESTHETICS PROGRAM FUNDING SUMMARY October 20,2014 FOUNTAIN HILLS ESTIMATING 1U z 13 SRP REF # MUNI PROJ#JOB NAME DATE REQUESTED 1 2! 3T PEAfD/A/GAPPflOML Hi z -J SRP REF # MUNI PROJ#JOB NAME ESTIMATE DATE ESTIMATE AMOUNT 1 ARC00001683 CALIENTE WASH CONVERSION CALIENTE WASH REMOVAL 9/12/14 "9/12/14 9/15/14 "9/15/14 9/16/14 9/16/14 10/20/14 TOTAL $ $ $ $ "$ ~$ "'$ 326,200 ~7,100 578,900 8,100 539,666" 2 'ARCOOOOieS 3IARC00001681 SHEA BLVD/BEELINE CROSSING CONVERSION 4JARC666oi682 SHEA BLVD/BEELINE CROSSING REMOVAL 5Tarco666i674 PALISADES CROSSING CONVERSION 6JARC00001675 PALISADES CROSSING REMOVAL 17,500 275,000 1,751,800 7JARC00001666 SMART ROUTER FAUX SAGUARO CACTUS STRUCTURES ACTIVE APPROVED tu z -J SRP REF # MUNI PROJ#JOB NAME ESTIMATE DATE ESTIMATE AMOUNT 1NN-03064 T1950802 2JT1951204 FOUNTAIN SUB WALL AND GATE 5/24/12 9/25/14 $ $ $ 700,000 191,600 891,600 ADERO CANYON 69KV POLE UPGRADES 3 TOTAL 4 5 — 6 COMPLETED HI z -J SRP REF n MUNI PROJ#JOB NAME FINAL XFR COMP TOTAL AMOUNT TRANSFRD 1 XA2-02539 GOLDEN EAGLE PARK Q3FY94 $108,000 73,100 25,400 6,600 864~ 864~ 35,500 101,400 285.720 2IKE9-00012 3JKE9-00011 GLENBROOK TIE 124-125 Q4FY94 Q2FY96 i - GLENBROOKTIES 122 &125,FEEDER 123 4 KE3-02430 LYON RELOCATE -KiNGSTREE /KEOTA 5 NN-01631 FOUNTAIN SUBSTATION LANDSCAPE Q1FY97 $ $ $ $ "$"" "$"• 6iKER-00135 RETAINING WALLS ON THISTLE DRIVE RETAINING WALLS ONEL LAG6"bTvD GLENBROOK STEEL POLES Q4FY97 7IKER-00149 Q4FY97 Q3FY98! Q4FY98" Q3FY98 Q3FY98 Q4FY98 ~~ Q4FY00 Q4FY00 8 XA2-02679 9 KE9-00083 GLENBROOK GETAWAY B YAVAPAI RdTfOUNTAIN HILLS TOWN LIMITS -FORT MCDOWELL RD (Gifted funds for Ft McDowell) FORT MCDOWELL ROAD /YAVAPAI ROAD CONVERSION (Gifted funds for Ft McDowell) 10 KE9-00088 11iKE9-00065 ~ $ S $ s s s 53,556 45.250 50.000 87,500 12 13 XA2-02683 ARC00000188 SUN RIDGE CANYON 69KV POLE RELOCATION KINGSTREE /KEOTA DRIVeTnTERSECfION EQUIPMENT MOVE 14IARC00000189 15INT-02269-500 FOUNTAIN SUBSTATION WALL REPEATER RADIO CONTROLLED SWITCHES 16 XAJ-00001 FIBER OPTIC/WHEELER-FOUNTAIN HILLS-GLENBROOK OPGW FHLIS_REV.xlsx/FH PROJ PSG-103.09.06 17:XAJ-00002 MUNICIPAL AESTHETICS PROGRAM FUNDING SUMMARY October 20,2014 FOUNTAIN HILLS jFIBER OPTIC/WHEELER-FOUNTAIN HILLS-GLENBROOK OPGW Q4FY00 Q2FY01 $ ' $ $ $ :$ !"$ § $ 87.500 10.700 52,300 10,200 26.000 2.600 377.600 18iKE3-02991 EQUIPMENT RELOCATION -RIDGEVIEW APTS 19jKE3-03738 !FORT MCDOWELL AND BEELINE HWY (Gifted funds for FtMcDoweil)Q2FY03 20IKE6-00216 !RELOCATE EQUIPMENT -S/^UARO ^D TECHNOLOGY Q2FY02 Q3FY03 Q3FY08 Q4FY08 Q1FY09 21IXA1-00710 IVERDE -FOUNTAIN HILLSSTEEL POLEAT BEELINEHWY(Giftedfunds for !Ft McDowell) 22^178877 FORT MCDOWELL RD /HWY 87 CONVERSION 23 ~24 ~25 KE2-05186 SHEA BLVD /PALISADES CONVERSION NN-02505 IMCMULLIN SUB WALL AND LANDSCAPE NN-02638 Imcmulun SUBSTATION WALL 26 NN-02637 :MCMULLIN SUBSTATION [ANDSCAPE Q3FY09 $ "$ 56,300 27 KE6-00367 SHEA CLIMBING LANE -EQUIPMENT RELOCATION 28 KE2-02781 SHEA CLIMBING LANE CONVERSION -:$- 29 JE2-00442 SHEA CLIMBING LANE REMOVAL -$- 30 KE2-05194 SHEA CLIMBING LANE CROSSING CONVERSION Q2FY10 $202,000 31 JE2-05079 SHEA CLIMBING LANE REMOVAL Q2FY10 27.800 32 JE3-10185 IFORT MCDOWELL RD CROSSING 33JKEK-O5088 ~34UEK-05088 jFORT MCDOWELL JUSTICE CENTER IFORT MCDOWELL JUSTICE CENTER REMOVAL -s - JECTSfOTALCOMPLETEDPRO.$1,726,754 FHLIS REV.xIsx/FH PROJ SRPMAF-Request for Project Estimates Town of FOUNTAIN HILLS Development Services Department August 4,2014 Janice Cacioppo SRPProject Services/Municipal Aesthetics ProgramAdministrator Mail Station XCT400;P.O. Box 52025 Phoenix,AZ 85072-2025 RE: SRP MAF - Request for Project Estimates Janice, The Town of Fountain Hills hereby requests that SRP prepare Municipal Aesthetics Fund cost estimates/Funding Agreements forthe followingprojects: 1.SRP's Proposed "Smart Router System"- 9 to 11 Faux Saguaro Cactus (Painted Steel)Poles: The Town has requested that SRP use Faux Saguaro (Painted Steel) Poles, for its Smart Router poles that cannot be co-located on other existing verticality,in lieu of placing a new steel or wood pole.Based on our current correspondence with SRP (my 6-18-14; 11:27 AM e-mail to Mariann Ward and Teny Lang),faux saguaros will be utilized in 9 to 11 locations. (2 Town-proposed locations on Shea Blvd. traffic signals require further investigation.If a mutually agreeable arrangement for locating SRP Smart Routers on Town-owned traffic signal poles cannot be reached, these two locations would alternatively be faux saguaros.) In your e-mail of 5-22-14; 8:50 AM, you indicated SRP's approval of using MAF funds for this purpose, and SRP's action plan for this project, as follows: "Your proposal to use Aesthetics funds for Fauxsaguaro cactus structures for SRP Smart router installations in Fountain Hills has been reviewed with my director and we have decided to allow an exception for the town to use its Aesthetics funds for thispurpose.This fundingwillhefor thefaux structure locations only. Since a faux structure,such as a saguaro cactus versus a pole, is not a typical or standardinstallationfor SRP we do not have costs at this time. Once I receive the costs from Mariann 1willforward a Funding Agreementtoyou 16705 E. Avenue of the Fountains Fountain Hills, Arizona S5268 - (480)816-5100 - Fax (480) 837-3145 Page 2 August 4,2014 for approval tousethe town \s Aesthetics funds.In the Aesthetics funding amount we will includemostcosts for eachfaux structure location.Costs will include the faux structure andcablefor source offeed and may include,if needed topower that specific router location,any associated trenching or electrical equipment,i.e. transformer.The cost ofthe router itselfwill not be includedinthe Aesthetics estimate...." We have attached our map of the "SRP Smart Grid;Router &Collector Locations",with the locations currently proposed for MAF funded Faux Saguaros circled. Attheappropriate time,the Town wouldstillliketo havean informational presentation to the Town Council regarding SRP's Smart Router program, including using SRP's MAF to construct these faux saguaro router structures. We will await your Funding Agreement, as you had indicated above. The timing that the Smart Router system will be constructed in Fountain Hills is unclear. Hopefully,that timingwill adequately dovetail withthetiming requiredin your 7-10-14 letter to the Town to utilize our "At Risk" funds, but if not, the MAF funded Faux Saguaro Cacti could,if necessary, be constructed ahead of the remainder of the Smart Router system. 2.Upgrade Proposed Wood Poles to Weathering Steel Poles in MCO's Proposed Adero Canyon 69 kV Relocation Project: MCO Properties (Francisco Lopez/Project Engineer)has proposed to relocate SRP's existing 69 kV linethrough their proposedAderoCanyonproject. Benjamin Cox/SRP Transmission Line Design is SRP's Project Manager for this project. You and I both attended a meeting between SRP and MCO regardingthis project on 4-22-14.My notes from that meeting indicate: "Per Janice,the Municipal Aesthetics Fund (MAF)willfund ONLY the difference in cost between woodpoles andtheproposedsteel poles,not the wiring,northe grading.(SRP anticipates that this cost willheabout $3K.perpole, or about S20K total for the project)>J Pleaseprepare a Funding Agreementforthese weathering steel poles. (Note: Ifthe last wood pole(s)to remaininplacein MCO's proposed projectwouldhaveguywiresor guy- polesaddedto themfor structural integrity in that project,wewouldask thatthat pole(s) also be instead replaced with a weatheringsteelpole using MAF funding.) MCO and SRP's designersare awareof the projectlimits of this relocation,but we don't currently know the pole limits of this relocation. 16705 E.Avenue ofthe Fountains -Fountain Hills,Arizona 8526a (480)816-5100-Fax (480)837-3145 Page 3 August 4,2014 We're not aware of MCO's currently proposed schedule for the construction of this project.But- likeany developer project -its timing could certainly change,depending on the development market conditions.However,if MCO's 69kV Relocation Projectis delayed,for whateverreason, wewouldask thatthe MAF-fiinded portion of thiswork (thesteelpoles)stillmove forward in conformance withyour 7-10-14 letter. 3.Underground Existing 12 kV Underhung Line crossing Shea Blvd.at the East Town Boundary: The Town's highest priority for undergrounding 12 kV wires is at the southeastern corner of the Town, where the existing 12 kV line (under-hung below the existing 69 kV line there)crosses Shea Blvd.,at the southeastern entrance to the Town. If appropriate,the SRP Communications line should also be undergrounded there. The Town will require that the owner of any other existing or proposed under-hung wiring at this location belonging to another utility (Qwest or Cox) also be undergrounded concurrently (and presumably in joint trench) with your 12 kV undergrounding. The Town received bids on 7-22-14 forthe "Shea-Saguaro Improvements Project",which will -among other work -overlaySheaBlvd.wherethe 12 kV undergrounding will cross Shea Blvd. Town Code Section 16-1-17.A.2 prohibits excavating across a newly resurfacedstreetfor2 yearsafter the resurfacing.So,unlessthis undergrounding project can be designed and constructed aheadofour proposed mill and overlay constructionon Shea Blvd., or unless the 12 kV line can be bored under Shea Blvd.,constructing the conduitcrossingthe SheaBlvd.pavement willlikelyneedtoprecedethe remainder of this roadway project.Please advise astohowto proceed to coordinate ourcontractor's work with the proposed SRP project at this location. Please provide acost estimate fora Funding Agreement for two different scopes for this project,as follows: •Undergrounding*the 12 kVlineonlyinthespancrossingShea Blvd. •Undergrounding*the 12 kV line lor thespan crossing Shea Blvd.,andthespanon eachsideof that span(i.e.acrossthese commercial properties'sides). *With directionalboringor advanceconstructingthe conduits crossing underthe Shea Blvd.pavement? 4.Underground Existing 12 kV Underhung Line crossing Palisades Blvd.near Wheeler Substation: Please provide a cost estimate for a Funding Agreement for two alternative scopes for this project,as follows: *Undergrounding the 12 kVline only inthe span crossing Palisades Blvd. 16705 E. Avenue of the Fountains - Fountain Hills,Arizona 85268 (480)816-5100-Fax (480) 837-3145 Page 4 August 4,2014-*&" Undergrounding die 12 kV line in the span crossing Palisades Blvd., and also in the span to the east of that span. 5.Scottsdale Project (to be determined): The Town iscurrently in discussion with the City of Scottsdale regarding a potential transfer of some MAF funds to a project lying within the City of Scottsdale. We will advise you separately regarding this potential project,if and as that information is firmed up. Thank you for your consideration of these project requests. Please feel free to contact me with any questions about this letter or about these projects. Yours very truly Paul Mood,P.E. Development Services Director Attacliment:"SRP Smart Grid; Router & Collector Locations; Proposed MAF Funding" Map Cc:Ken Buchanan Randy Harrel Janice Baxter Ken Valverde Justin Weldy Ken Kurth Robert Rodgers Mariann Ward/SRP Terry Lang/SRP Benjamin Cox/SRP Jeremy Hall/MCO Francisco Lopez/MCO Chris Woolery/Kimlev-Horn 16705 E Avenue ofthe Fountains -Fountain Hills,Arizona 85268 -(480)816-5100-Fax (480)837-3145 SRP MAF - Request for Addtl Project Estimate Town of FOUNTAIN HILLS Development Services Department August 5,2014 Janice Cacioppo SRP Project Services/Municipal Aesthetics Program Administrator Mail Station XCT400;P.O.Box 52025 Phoenix,AZ 85072-2025 RE: SRP MAF -Request for Additional Project Estimate Janice, The Town of Fountain Hills hereby requests that SRP prepare a Municipal Aesthetics Fund cost estimate/Funding Agreement for the following project.(Note: This project is in addition to the projects listed in our August 4 letter to you.) 6.Underground Wires (and Eliminate Poles)at Freestanding 12 kV Line: The only freestanding, overhead 12 kV line within the Town of Fountain Hills is believed to be lie east of Fountain Hills Blvd.,near the Section 2/Section 11 boundary.This line runs between SRP poles PR-04E9 and PRL-04E9. This location crosses a normally dry, small wash, so the undergrounded line will presumably need to be adequately encased. Our vague recollection is that this line was originally supposed to just be a temporary line, to be removed when its usage was finished. But, in any case, its current undergrounding is a desirable aesthetic upgrade adjacent to existing and proposed commercial areas of the Town. Thank you for your consideration of this additional project request. Please feel free to contact me or Town Engineer Randy Harrel with any questions about this letter or about this project. 16705 E.Avenue of the Fountains -Fountain Hills,Arizona 85268 - (480)816-5100 - Fax (480)837-3145 Page 2 September 12,2014 Yours very truly, Paul Mood,PE Development Services Director Cc:Ken Buchanan Randy Harrel Janice Baxter Ken Valverde Justin Weldy KenKurth Robert Rodgers 16705 E. Avenue of the Fountains - Fountain Flills,Arizona 85268 - (480)816-5100-Fax (480)837-3145 Randy Harrel From: Sent: To: Cc: Subject: Attachments: Cacioppo Janice R [Janice.Cacioppo@srpnet.com] Monday,October 20,2014 3:36 PM Paul Mood Randy Harrel; Ward Mariann H;Lange Terry L;Hammond Jeffrey S SRP Aesthetics Estimate:Smart Router Faux Saguaro Structures 1360 FH Smart Router Faux Saguaro Struc-Conc Est.pdf © Good afternoon,Paul.Attached isthe Aesthetics Conceptual Cost Estimate for the faux saguaro structures for installing SRP wireless routers in the town of Fountain Hills.With this estimate there will be a shortage of Aesthetics funds. The town will need to decide how best to use its available funds for all the projects it has received estimates for.Please advise how the town wants to fund the saguaro structures and 12kV conversion projects. JANICE CACIOPPO SRP Project Services |Municipal Aesthetics Program Administrator Janice.Cacioppo@srpnetcom Mail Station XCT400 | P.0.Box 52025 | Phoenix, AZ 85072-2025 Office:602.236.3735 | Cell:602.818.1447 I Fax:602.629.8390 ®is& P.O.Box 52025 Phoenix, AZ 85072-2025 (602)236-5900 www.srpnet.com October 20,2014 Paul Mood File No.:PSG-103.09.09 Town of Fountain Hills Ref No.:MAPE-1361 16705 E Avenue of the Fountains Fountain Hills, AZ 85268 SUBJECT:SMART ROUTER FAUX SAGUARO STRUCTURES - AESTHETICS CONCEPTUAL COST ESTIMATE Dear Paul, Per your letter request dated July 23,2014,SRP has prepared an Aesthetics Conceptual Cost Estimate to install a faux saguaro structure in lieu of placing a new steel or wood pole for each installation of a SRP wireless router where mutually agreed to by SRP and Fountain Hills.The routers are being installed as part of SRP's Smart Grid system.SRP's standard installation is to attach the routers to a light pole;however, since the Town of Fountain Hills does not have streetlights,SRP will need to install a standalone pole for each router.The town has requested the alternative to a light pole. JOB SCOPE: Based on the most recent scope eleven (11)locations have been identified that the Town is requesting a faux saguaro structure be installed. The proposed cacti body (no arms)is builtwith a 100%fiberglass outer shell with realistic deep ribs,simulated wounds,woodpecker holes,scars and thorns.Costs include materials and labor to manufacture and install the structures and foundations. COSTS: Faux saguaro structure $25,000 each x 11 =$275,000 This Conceptual Cost Estimate is valid through February 17,2015.A Definitive Cost estimate will be provided prior to construction. Numerous estimates for 12kV conversions have been presented to Fountain Hills and are awaiting a disposition by the town. Withthe addition of the above estimate the total amount pending approval will exceed the amount of available Aesthetics funds.As of October 20,2014 the town's current available balance is $1,581,571 with projects pending approval totaling $1,476,800.Adding the faux saguaro structure estimate will create a deficit of $170,229. The town needs to make a decision on how to cover the funding deficit.There are several options that can be considered: • Review the current listof projects pending approval and eliminate one or more projects; • Town can provide trench and conduit instead of SRP on 12kV conversion projects, thereby reducing project costs to electrical and removal costs; •Town can pay for the unfunded costs; •Request an Aesthetics Advancement to fund the deficit Should Fountain Hills choose to request an Advancement then the town must submit inwritingthe amount of Advancement it wishes to receive for this project. The amount to be requested should not exceed the unfunded amount and cannot exceed three times the town's average 5-year annual allocation.A municipality is allowed only one Advancement at a time until the advanced amount is repaid in full through future annual allocations. AllMunicipality requests for Advancement are considered in order of receipt.The amount available to any municipality is based on the total of all requests,the number of projects,the estimated costs of the projects, and then compared to the aggregate "unspent annual carryover"of the program each year. Please let me know in writing as soon as possible what Fountain Hillswould like to do with the funding of this project.Once the funding has been decided I will send an Aesthetics Funding Agreement for your approval and signature. Please contact me at (602)236-3735 or at Janice.Cacioppo@srpnet.com ifyou have any questions regarding the Aesthetics funding. Sincerely, ^Janice Cacioppo Municipal Aesthetics Program Administrator Sent via Email c:Randy Harrell,Fountain Hills M Ward T Lange J Hammond File ©W§'^^M^-SRPSMARTROUTERSYSTEM:FAUXSAGUAROS(STEELPOLES)---..\••-. P.0.Box 52025 Phoenix,AZ 85072-2025 (602)236-5900 wwiv.srpnet.com Paul Mood Town of Fountain Hills 16705 E Avenue of the Fountains Fountain Hills,AZ 85268 September 25,2014 File No.: RefNo.: rs^ PSG-103.09.09 MAPE-1352 SUBJECT:ADERO CANYON 69KV POLE RELOCATION UPGRADES - AESTHETICS CONCEPTUAL COST ESTIMATE Dear Paul, Per your letter request dated July 23,2014,SRP has prepared an Aesthetics Conceptual Cost Estimate for 69kV pole and wire upgrades associated with a MCO Properties development in Adero Canyon in Fountain Hills.This project requires SRP to relocate an existing 69kV transmission line along Eagle Ridge Drive (map code CF1703 NE 1/4 Sec 17 T3N R6E). JOB SCOPE: SRP will remove six (6)single wood poles,one 3-pole wood structure (poles P-84 to P-90), guy wires and anchors,and 2,000 linear feet of conductor and static wire. SRP will construct five (5)weathered steel poles and foundations,and install 1,600 linear feet of non- specular (non-reflective)conductor wire and static wire. The developer is responsible for costs associated with SRP's standard installation for poles and wire which includes wood poles and specular (reflective) wire. Fountain Hills via the developer,requested use of Aesthetics funds to upgrade the wood poles to steel, which reduces the number of poles needed to relocate the line,and installation of non-specular conductor.Costs below reflect the differential cost between a standard and non-standard installation. COSTS: T1951204 Adero Canyon 69kV Pole Relocation Upgrades $191,600 This Conceptual Cost Estimate is validthrough January 23,2015.Please sign and email the attached Aesthetics Funding Agreement to me. A Definitive Cost Estimate will be prepared and sent to you upon completion of design and prior to construction. Please contact me at (602) 236-3735 or at Janice.Cacioppo@srpnet.com ifyou have any questions regarding the Aesthetics funding. Sincerely ~*C&U&tty*" Janice Cacioppo Municipal Aesthetics Program Administrator Sent via Email c:Randy Harrell,Fountain Hills DHays BCox File ? KPfefil MUNICIPAL AESTHETICS PROGRAM FUNDING AGREEMENT September 25,2014 File No.:PSG-103.09.09 RefNo.:MAPE-1351 |CONCEPTUALESTIMATE •DEFINITIVE COSTS D REVISEDCOSTS PROJECT NAME: SRP WORK ORDER: ESTIMATE DATE: COST ESTIMATE: CONDITIONS: ADERO CANYON 69KV POLE RELOCATION UPGRADES T1951204 9/25/14 VALID THROUGH:1/23/15 $191,600 o o This estimate is valid for 120 days from the date of this agreement after which a revised cost may be determined. A Definitive Cost will be sent to the Municipality upon design completion. SRP reserves the right to adjust the estimate to reflect current costs. The Municipality's SRP Municipal Aesthetics allocation exposure for this project will not exceed actual costs incurred by SRP. Any future relocation of the facilities associated with this project will be at the cost of those other than SRP, including use of SRP Municipal Aesthetics funds. Construction willbe done during normal SRP work hours unless otherwise agreed to. Lane closures that do not impede the normal workflow of traffic will be allowed unless otherwise agreed to. Power Projects: As a condition of the use of SRP Aesthetics funds the Municipality is required to provide SRP with a land right that is acceptable to SRP for all relocated and new facilities installed on Aesthetics projects. If the Municipality requires any additional conduits be placed in the trench an agreement must be in place with SRP prior to the start of construction. If applicable,Telco and CATV will be offered a joint trench opportunity per existing agreements.Joint trench costs for other utilities are not fundable through the SRP Municipal Aesthetics Program. Municipality streetlight requirements,if applicable,willbe provided early in the design process.Streetlight pole installation and connection costs are the responsibility of the Municipality. Municipality: Print Name: Approved: Declined: TOWN OF FOUNTAIN HILLS f^*"//^/*: ^-Signati Signature Title: Date: Date: Return signed Funding Agreement to:Janice.Cacioppo@srpnet.com pew*_£>•-•>^*g D,>z<z/z~" $N\ RP-B8 57'(1.985) RTW65 TA206TS170 73*06'RIGHT R2-TG33 R2-TA12Q 55"85'NW R2-TG33 R2-TA120 45'55"SW TO RIO VERDE SUB CP-85 65' TM65-24W1 TA262TM175 09"29'10"RIGHT TO WHEELER SUB FUTURE EXTENSION OF N.EAGLE RIDGE DR. P-83 61.5' (1965) TW70 TA200WTS116L s \ transfer mriw FROUWESTSIOE LOOKING NORTH ENGINEER- LEADER: CONTACTS 1*0*1 7M-5T25 IS0J1MM81S MBL.PMN_>TJI^i^4l LEGEND EXISTING TRANS WOOD POLE PROPOSED TRANS WOOD POLE REMOVE TRANS WOOD POLE EXISTING TRANS STEEL POLE PROPOSED TRANS STEEL POLE REMOVE TRANS STEEL POLE EXISTING SPLICE BOX PROPOSED SPLICE QOX REMOVE SPLICE BOX REINFORCED WOOD POLE REMOVE REINFORCED WOOD POLE DOWN GUV AND ANCHOI1 REMOVE DOWN GUV ANO ANCHOR SURVEYED LOCATION EXISTING DIST WOOD POLE RELATED JOUN PERMIT NUMBERS: xxxxxxxxxxxxxxx VICINITY MAP SEC ITTUJMG rzr i—r rz PRELIMINARY E DSGN'ENGR CHK T141IIMIIM LHI •>••!•• ADERO CANYON 69KV PaE RELOCATION JOBtf T19512CH SHEET:4 OF 4 TD1.BA.CO,PI+14 22X34 encumbrances ontheNewTownLotandtheNew Eagles Nest Lotthat would unreasonably impair theuseof suchlot by the receiving Party provided neither Partyshallbe required to incur material costs to remove such encumbrances. 2.Deed Restrictions Release. Not later than 30 days after the Effective Date, MCO shall deliver to the Town a quitclaim deed suitable for recording and in the form attachedhereto as Exhibit D,releasing all rights MCO or any other entity has pursuant to the terms and conditions of the instrumentdated April 16,1979,and recordedin the Officeof the MaricopaCounty Recorder in Docket 13650 at Pages 0769 to 0787; that certain Warranty Deed dated December 13,1979,and recorded in the office of the Maricopa County Recorder in Docket 14123, pages 1143 to 1151;and that certain Warranty Deed dated November 29, 1979, and recorded in the office of the Maricopa County Recorder in Docket 14126 at pages 669 to 672 (the "Deed Restrictions"). It is the specific intent of the Parties that recording of these documents shall eliminate all reversionary interests related to the Deed Restrictions. f 3.)SRP Aesthetic Funds.Upon Adero's request,the Town shall initiate a request with SaTf River Project for use of up to $500,000 of funds in the Town's Aesthetic Fund account to partially defray the cost of making aesthetic improvements to the 69kv electric line in Adero Canyon (the "69kv Improvements").In conjunction with the requests,Adero shall provide SRP with the scope of work for the 69kv Improvements.The Parties agree that SRP will be solely responsible for (i)completing design and cost estimates and (ii)determining what portion of the 69kv Improvements shall be eligible for funding. Adero agrees and understands that the Town's "balance"of Aesthetic Funds is set to be diminished by SRP on May 1, 2015 from the current balance to $300,000.If Adero fails to both submit the request and accompanying documents to SRP and meet SRP's requirements with sufficient time to ensure that SRP approves the 69kv Improvements and commits the funding by May 1, 2015, and the Town's SRP Aesthetics Funds are diminished to $300,000, the Town's obligation to commit the entire $500,000 of funds to the 69kv Improvements shall be reduced to $300,000 with the remaining $200,000 conditioned upon (i)permission by SRP for the Town to "borrow"$200,000 of future SRP Aesthetics Funds and (ii)availability from SRP of the Aesthetics Funds. The Town agrees to maintain at least $300,000 of Salt River Project Aesthetic Funds available for such purpose. The Town agrees to use reasonable good faith efforts to maximize the SRP Aesthetic Funds to Adero (not to exceed $500,000)including requesting to borrow funds in subsequent years if not available when first requested. The Town's obligation to maintain the balance in the Aesthetic Funds shall be terminated upon the earlier to occur of completion of Phase la (as defined below) or January 1, 2018. 4.The Town Trailhead. 4.1 Trailhead Design.The Town intends to construct a trailhead near the northern extent of Eagle Ridge Drive within the New Preserve Land (the "Trailhead") to provide improved access to a system of hails it has constructed on its land. The Town intends to construct the Trailhead in accordance with the site plan attached hereto as Exhibit E.If the Town determines,in its sole discretion,to materially modify the Trailhead from the site plan on Exhibit E, it shall notify Adero not less than 30 days prior to such modifications and shall permit 2112643.18 d> TO RIO VERDE SUB TO WHEELER SUB FUTURE EXTENSION OF H.EAGLE RIDGE DR. MCO -ADERO 69 KV STEEL POLE UPGRADE 0 50 100 TOO SULCI I--IOO- P-83 61.5'(1985) TW70 TA2O0WTS116L -in F KOU V*51SIDE TO EASTStDE Of POLE / LOOKING NORTH & il^brflwMi i M,«ni EI.Gt-JFER mH CQpt phone,tuat tu-irn MLPHD IW>»*-«* PROJECT LEADER:DOW HAYS PHONE:|60a>Z3Wiei5 MBL.PHN.:I6Q?)531-8741 LEGEND TRANS WOOD POLE PROPOSED TRAMS WOOD POLE REMOVE TRAMS WOOD POLE EXISTING TRANS STEEL POLE PROPOSED TRANS STEEL POLE REMOVE TRANS STEEL POLE EXISTING SPLICE BOX PROPOSED SPLICE BOX REMOVE SPLICE BOX REINFORCED WOOD POLE HE1.WVE REIWFOHCEO VYOOO POLE DOWN GUV AND ANCHOR REMOVE DOWN GUY AMD ANCHOR SURVEYED LOCATION EXISTING DISTWOOD POLE RELATED JOB NUMBER: ERwrKUVBERS: xxxxxxxxxxxxxxx VICINITY MAP T_L TZC PRELIMINARY BENJAMIN COX OFFICE:602-236-3 r2S MO«LE:002-3W-B2Ja *••••«!••»•1W1 IIIMI A0ER0 CANYON 69KV PULE RELOCATION JOB«T1951204 SHEET;4 OF 4 PLAN VIEW MSIMiuim tMg~ 22X34 JTD1.5A,CO,PI--14 P.0.Box 52025 Phoenix, AZ 85072-2025 (602)236-5900 www.srpnet.com Paul Mood Town of Fountain Hills 16705 E Avenue of the Fountains Fountain Hills,AZ 85268 September 15,2014 SUBJECT:SHEA BLVD N/O BEELINE HIGHWAY CONVERSION - AESTHETICS CONCEPTUAL COST ESTIMATE File No. Ref No.: R0%j PSG-103.09.09 MAPE-1347 Dear Paul, Per your email request dated July 23,2014,SRP has prepared two Aesthetics Conceptual Cost Estimates to bury existing 12kV overhead facilities crossing Shea Blvd just north of Beeline Highway. These estimates are based on the assumption that the area is primarily rock so costs reflect rock boring instead of trenching.Any adjustments to the costs would be determined when soil sampling is done in each area to see how much rock boring is actually required.If Fountain Hills decides to install conduits across the road as part of its road work then SRP can give a courtesy inspection of the conduits as sleeves.The estimate for conversion can be revisited if this inspection occurs. JOB SCOPE: As requested SRP has prepared a two-part estimate forthis location. Part one will bury three spans includingthe crossing of Shea Blvdplus one span on each side and part 2 will bury the one span crossing Shea Blvd. Part 1:Three (3)span conversion Underground Conversion:Dig two (2) bore pits and two (2)3-phase cabinet pits, rock bore approximately826 feet, and install six (6)3"conduits.Install two(2)3-phase switching cabinets, two(2) 3-phase underground feeder risers on existing transmission poles, install826 feet of new 3-phase 750A underground conductor, and remove and installapproximately 590 feet of 3-phase 750A and 4/OA underground conductor.Remove two (2)3-phase underground risers. Overhead Removal:Remove tangent framing and deadend and down guys and three (3) 397A and neutral on two existing 69kV poles. Remove three (3)spans of overhead 3-phase 397A overhead wire and neutral. Part 2:One (1)span conversion Underground Conversion:Dig two (2) bore pits, rock bore approximately370 feet, and install six(6)3" conduits. Installtwo (2)3-phase underground feeder risers on existing transmission poles.Install 370 feet of new 3-phase 750A underground conductor. Overhead Removal:Remove tangent framing and deadend and down guy on two existing 69kV poles. Remove one (1)span of overhead 3-phase 397A overhead wire and neutral. COSTS: This Conceptual cost estimate is prepared under the following assumptions: 1)Rock boring 2) Rock boring pits and switching cabinets 3)Restoration of area where civil work in road is complete; 4)One Police Officerfor duration of construction; 5) Does not include the costs for Joint Trench,Bore or Conduit,which are not fundable through Aesthetics; 6) Does not include after-hours construction for commercial outages; 7)Does not include private lightingor new streetlights/system costs. Part 1:Three (3)span conversion SRP REF #JOB SCOPE COSTS T2028800(#1)Bore/Conduit $410,800 Electrical $168,100 Underground Subtotal $578,900 Overhead Removal $8,100 TOTAL COST ESTIMATE $587,000 Part 2:One (1)span conversion SRP REF #JOB SCOPE COSTS T2028800 (#2)Bore/Conduit $221,000 Electrical $74,400 Underground Subtotal $295,400 Overhead Removal $2,800 TOTAL COST ESTIMATE $298,200 These Conceptual Cost Estimates are valid through January 13,2015.Please sign and return the attached Aesthetics Funding Agreement to me. A Definitive Cost Estimate will be prepared upon completion of design and prior to construction. Please contact me at (602)236-3735 or at Janice.Cacioppo@srpnet.com ifyou have any questions regarding the Aesthetics funding. Sincerely, ^Janice Cacioppo Municipal Aesthetics Program Administrator Sent via Email c:Randy Harrell,Fountain Hills R Earwood RReed File 7&%j MUNICIPAL AESTHETICS PROGRAM FUNDING AGREEMENT September 15,2014 File No.:PSG-103.09.09 RefNo.:MAPE-1347 M CONCEPTUAL ESTIMATE •DEFINITIVE COSTS D REVISED COSTS PROJECT NAME:SHEA BLVD N/O BEELINE HIGHWAY CONVERSION MUNICIPALITY PROJECT #: ESTIMATE DATE:9/15/14 VALID THROUGH:1/13/15 Part 1:Three (3)span conversion SRP REF#JOB SCOPE SRP BORE/CONDUIT MUNICIPALITY BORE/CONDUIT T2028800(#1)Bore/Conduit $410,800 $- Electrical $168,100 $168,100 Underground Subtotal $578,900 $168,100 Overhead Removal $8,100 $8,100 TOTAL COST ESTIMATE $587,000 $176,200 Part 2:One (1)span conversion SRP REF#JOB SCOPE SRP TRENCH/CONDUIT MUNICIPALITY TRENCH/CONDUIT T2028800 (#2)Trench/Conduit $221,000 $ Electrical $74,400 $74,400 Underground Subtotal $295,400 $74,400 Overhead Removal $2,800 $2,800 TOTAL COST ESTIMATE $298,200 $77,200 CONDITIONS: o o o This estimate is valid for 120 days from the date of this agreement after which a revised cost may be determined. A Definitive Cost will be sent to the Municipality upon design completion. SRP reserves the right to adjust the estimate to reflect current costs. The Municipality's SRP Municipal Aesthetics allocation exposure for this project will not exceed actual costs incurred by SRP. Any future relocation of the facilities associated with this project will be at the cost of those other than SRP, including use of SRP Municipal Aesthetics funds. Construction will be done during normal SRP work hours unless otherwise agreed to. Lane closures that do not impede the normal workflow of traffic will be allowed unless otherwise agreed to. Power Projects: As a condition of the use of SRP Aesthetics funds the Municipality is required to provide SRP with a land right that is acceptable to SRP for all relocated and new facilities installed on Aesthetics projects. Ifthe Municipality requires any additional conduits be placed in the trench an agreement must be in place with SRP prior to the start of construction. If applicable,Telco and CATV will be offered a joint trench opportunity per existing agreements.Joint trench costs for other utilities are not fundable through the SRP Municipal Aesthetics Program. Municipality streetlight requirements,if applicable,will be provided early in the design process.Streetlight pole installation and connection costs are the responsibility of the Municipality. (please choose Part #1 or Part #2) (please choose Trench Provider) ESTIMATE PART:Part#1 Part #2 (pleasi Trench Provider:SRP Municipality (pleas< Municipality:TOWN OF FOUNTAIN HILLS Print Name:Title: Approved:Date: Declined: Signature Date: Signature Return signed Funding Agreement to:Janice.Cacioppo@srpnet.com ®&r LP m 1"PI." rtri TOJ.- \ r \\ !7T55~lsii?> J ^^1?-''a"08" -&c <&\y GEO .m>\ \ ~#QEK \ ^02 /A \ r®xs^\ \«»UjWfl X jV.JgPV* T2028800 EST 1 Shea Blvd N/O Beeline Roland Reed 602-710-7246 F1P.ER0CK PLAZA LOTS 5 &6 KEB-S2&8 GREUUCirS AUTO REPAW KBB CF-28-14 CRSSRDS CONV.CENTER KS1-741I CF-ZS-IS (REV) T2028800 Est 1 Shea Blvd N/0 Beeline Roland Reed 602-710-7246 3N-6E-26-1!T2028800EST2SheaBlvdN/0BeelineRolandReed602-710-7246 FJP.EROCK PLAZA LOTS 5 & 6 KEB-3288 CRSSRDS CONV.CENTER KEI-741)CF-28-15 (REV) P-1503 226-143078 120/2Q8V MFG:AB TACO 3ELL KEI-7512 CF-2E-I5 P -•5fK yP\ Jk$>\\yy\\P-1505 \225-145117-••1505 ^A 120/208V -^MFG:CP WBEELER/FQ11NTA!? ph _i 5jja TAP ISKV UG M9-502O CP-Z6-1 3-300ABDS EI 70 WmELSR/FOUNTAW TAP 12KV UC KES-S020 CF-2S-I5 3N-6E-26- T2028800 Est 2 Shea Blvd N/O Beeline Roland Reed 602-710-7246 12KVCATV/TELEd>69KVSTATICWIR.VSHEA12KVUNDERGR0UDING(THREESPANS)- LOOKINGWESTBEFOREUNDERGROUNDING69KVSTATICWIRE,tf.SHEA12 KVUNDERGROUDING(THREESPANS)-LOOKINGWEST-LUNDERGROUNDING.V P.O.Box 52025 Phoenix,AZ 85072-2025 (602)236-5900 www.srpnet.com Paul Mood Town of Fountain Hills 16705 E Avenue of the Fountains Fountain Hills,AZ 85268 September 16,2014 File No.: RefNo.: "j?T£; PSG-103.09.09 MAPE-1349 SUBJECT:PALISADES CONVERSION -AESTHETICS CONCEPTUAL COST ESTIMATE Dear Paul, Per your letter request dated July 23,2014,SRP has prepared an Aesthetics Conceptual Cost Estimate to bury the existing 12kV overhead facilities crossing Palisades Blvd at Wheeler Substation.The estimate assumes the area is primarily rock so costs reflect a rock bore instead of trenching.Should geo reports indicate otherwise then the costs will be revised when we provide the town with a Definitive Cost. JOB SCOPE: As requested SRP has prepared a two-part Conceptual estimate for this location:Part 1 will bury one 12kV dual circuit span crossing Palisades Blvd and Part 2 will bury two spans,one 12kV dual circuit span crossing Palisades Blvd plus one span to the east. Part 1:One span crossing Palisades south of Crestview at SRP Wheeler Substation Underground Conversion:Rock Bore approximately 300 feet and install six (6) 3-inch conduits.Dig two (2) bore pits and three (3) switching cabinet pits. Install three (3) new switching cabinets.Install700 feet of new 3-phase 750A underground conductor.Remove and install approximately 900 feet of 3-phase 750C underground.Rebuild three (3) risers and terminate.Remove terminations from three (3) existing risers.Estimate assumes that SRP has prior rights on all facilities. Overhead Removal:Remove one (1)double circuit span of overhead three (3) 397A and neutral. Install one (1) rock drilled anchor and two (2) down guys.Deadend two (2) circuits of 3-phase conductors and neutral on one (1)existing 69kV pole. Part 2:Two spans crossing Palisades south of Crestview at SRP Wheeler Substation Underground Conversion:Rock Bore approximately 600 feet and install six (6) 3-inch conduits.Dig three (3)bore pits and three (3) switching cabinet pits. Install three (3) new switching cabinets.Install 1,200 feet of new 3-phase 750A underground conductor.Remove and install approximately 900 feet of 3-phase 750C underground.Install one (1) new 3-phase riser and rebuild three (3) risers and terminate. Remove and install terminations from three (3)existing risers and switching cabinets.Estimate assumes that SRP has prior rights on all facilities. Overhead Removal:Remove two (2)double circuit spans of overhead three (3) 397A and neutral. Install one (1)anchor and two (2) down guys.Deadend conductors on one (1) pole. COSTS: This Conceptual cost estimate is prepared under the following assumptions: 1)Rock boring 2)Rock boring pits and switching cabinets 3)Restoration of area where civil work in road is complete; y 4)One Police Officer for duration of construction; 5) Does not include the costs for Joint Trench, Bore or Conduit, which are not fundable through Aesthetics; 6) Does not include after-hours construction for commercial outages; 7)Does not include private lightingor new streetlights/system costs. Part 1:One span crossing Palisades south of Crestview at SRP Wheeler Substation SRP REF#JOB SCOPE COSTS T2027498(#1)Trench/Conduit $145,900 Electrical $131,100 Underground Subtotal $277,000 Overhead Removal $15,100 TOTAL COST ESTIMATE $292,100 Part 2:Two spans crossing Palisades south of Crestview at SRP Wheeler Substation SRP REF #JOB SCOPE COSTS T2027498 (#2)Trench/Conduit $272,200 Electrical $266,800 Underground Subtotal $539,000 Overhead Removal $17,500 TOTAL COST ESTIMATE $556,500 These Conceptual Cost Estimates are valid through January 14,2015.Please sign and return the attached Aesthetics Funding Agreement to me. A Definitive Cost Estimate will be prepared upon completion of design and prior to construction. Please contact me at (602)236-3735 or at Janice.Cacioppo@srpnet.com ifyou have any questions regarding the Aesthetics funding. Sincerely, ^Cd^0^^ 3anice Cacioppo Municipal Aesthetics Program Administrator Sent via Email c:Randy Harrell,Fountain Hills R Earwood RReed File fr&'^j MUNICIPAL AESTHETICS PROGRAM FUNDING AGREEMENT September 16,2014 File No.:PSG-103.09.09 RefNo.:MAPE-1349 |CONCEPTUAL ESTIMATE •DEFINITIVE COSTS D REVISED COSTS PROJECT NAME:PALISADES CONVERSION MUNICIPALITY PROJECT #: ESTIMATE DATE:9/16/14 VALID THROUGH:1/14/15 Part 1:One span crossing Palisades south of Crestview at SRP Wheeler Substation SRP REF #JOB SCOPE SRP TRENCH/CONDUIT MUNICIPALITY TRENCH/CONDUIT T2027498(#1)Trench/Conduit $145,900 $ Electrical $131,100 $131,100 Underground Subtotal $277,000 $131,100 Overhead Removal $15,100 $15,100 TOTAL COST ESTIMATE $292,100 $146,200 Part 2:Two spans crossing Palisades south of Crestview at SRP Wheeler Substation SRP REF #JOB SCOPE SRP TRENCH/CONDUIT MUNICIPALITY TRENCH/CONDUIT T2027498 (#2)Trench/Conduit $272,200 $ Electrical $266,800 $266,800 Underground Subtotal $539,000 $266,800 Overhead Removal $17,500 $17,500 TOTAL COST ESTIMATE $556,500 $284,300 CONDITIONS: o o This estimate is valid for 120 days from the date of this agreement after which a revised cost may be determined. A Definitive Cost will be sent to the Municipality upon design completion. SRP reserves the right to adjust the estimate to reflect current costs. The Municipality's SRP Municipal Aesthetics allocation exposure for this project will not exceed actual costs incurred by SRP. Any future relocation of the facilities associated with this project will be at the cost of those other than SRP, including use of SRP Municipal Aesthetics funds. Construction willbe done during normal SRP work hours unless otherwise agreed to. Lane closures that do not impede the normal workflowof traffic will be allowed unless otherwise agreed to. Power Projects: As a condition of the use of SRP Aesthetics funds the Municipality is required to provide SRP with a land right that is acceptable to SRP for all relocated and new facilities installed on Aesthetics projects. Ifthe Municipality requires any additional conduits be placed inthe trench an agreement must be in place with SRP prior to the start of construction. If applicable,Telco and CATV will be offered a joint trench opportunity per existing agreements.Joint trench costs for other utilities are not fundable through the SRP Municipal Aesthetics Program. Municipality streetlight requirements, ifapplicable,will be provided early inthe design process.Streetlightpole installation and connection costs are the responsibility of the Municipality. September 16,2014 File No.:PSG-103.09.09 RefNo.:MAPE-1349 ESTIMATE PART:Part#1 Part #2 (please choose Part #1 or Part #2) Trench Provider:SRP Municipality (please choose Trench Provider) Municipality:TOWN OF FOUNTAIN HILLS Print Name:Title: Approved:Date: Signature Declined:Date: Signature Return signed Funding Agreement to:Janice.Cacioppo@srpnet.com ( \_r INCLUDES SPAN CROSSING PALISADES AND 1 ADDITIONAL SPAN TO THE EAST INCLUDES SPAN CROSSING PALISADES ONLY T-2027498 Palisades and Crestview Aesthetics Roland Reed 602-710-7246 •/-*">?PR-1012WHEELER/FOUNTAINTAPI2KVUGKE9-5020CF-20-09WHRU2bay1fernWHR114BAY 2ELERCPTRE-FEED-46413131>£R -•*-'STATICWIRE69KV12KVCATV/TELE....j:_;.-"PALISADES12KVUNDERGROUNDING(THREESPANS)-"LOOKINGNORTH!:*..--BEFOREUNDERGROUNDING'STATICWIRE69KV^wBOBPALISADES12KVUNDERGROUNDING(THREESPANST-LOOKINGNORTH|AFTERUNDERGTOUNblNG~*-~-1 Randy Harrel From:Paul Mood Sent:Friday,October 24,2014 5:24 PM To:Randy Harrel Subject:Fwd:Shea Bike Path Attachments:Shea MUP 142nd St to Eagle Mtn Pkwy Estimate 10-23-14.pdf;ATT00001.htm Revised estimate attached. Sent from my iPhone Begin forwarded message: From:"Waldo,Eric"<EWaldo@Scottsdaleaz.gov> Date:October 24,2014 at 3:03:47 PM MST To:"'Paul Mood'"<pmood@fh.az.gov> Subject:RE:Shea Bike Path Paul Per your request I've attached latest estimate.The "design compromise'7 is a narrower path. Transportation would love to have an 8'to 10'path with proper clearances on either side.That is apparently per the AASHTO recommendations.But that of course drives the cost through the roof due to the need for approximately 600'of retaining wall.We also looked at a narrower 6'path on both the north &south side.Lowered the cost a little for the Fountain Hills portion,but not enough,and it drove our costs way up. So after all that Transportation decided they could take what they can practically get. That's an 8'wide path on the south side only,tapering to a 6'wide path through the area that requires all the retaining wall. A6'wide path with some clearance eliminates the need for most of the retaining wall. So the question then becomes is Fountain Hills willing to accept this concept or do you really want to see 8'for the full project length.When time permits please let me know your thoughts.I've set up a meeting for all involved on our end for next Wednesday to finalize a decision as to whether this project should move forward. Eric Waldo,P.E. City of Scottsdale Capital Project Management 7447 E.Indian School Rd.,Suite 205 Scottsdale,AZ 85251 (480)312-7245 From:Paul Mood rmailto:pmood@fh.az.qov1 Sent:Thursday,October 23,2014 4:35 PM To:Waldo,Eric Cc:Randy Harrel Subject:Shea Bike Path Eric, I got your voicemail. I will review our available SRP funding.We have been getting estimates from SRPon other project but have only committed to two projects that we need to do. Can you send me over what your "design compromise"is and estimate so I can review with the Town Engineer.We can try to catch up with you on Monday. Thanks, Paul CATEGORY ESTIMATED PROJECT COSTS SHEA MUP 142nd St to Eagle Mtn Pkwy (FH) PRELIMINARY PROJECT BUDGET NOTES /CALCULATIONS PrTim-U^tlMs 10/21/2014 Planning Design/CA Right of Way Construction Utilities Public Art FF&E City Fees CPM Salaries WO Credits CPM Allocation Contingency TOTAL: 0 Studies,Masterplans,Site Development 123,790.08 5,800.00 I*515,792.00 | $0 $5,157.92 $0 $12,379.01 $24,758.02 $37,137.02 $24,758.02 $103,158.40 852,730.46 PROJECTED FUNDING SURPLUS/(DEFICIT): FUNDING SOURCES CENTER /NAME Civil Engineering,Architecture and Construction Management (20% of Construction+Contingency) Purchase of easements,Right or way or associated property rights.Estimate based on research Construction Estimate Utility design,fees,licenses and construction. 1%of direct construction Machinery,Equipment and Furnishings Water Development,Plan Review, Permitting (2% of Construction +Contingency) Directsalary charges from CPM Staff, PMA,PM and Construction Staff, (4% of Construction + Contingency) CIP supported client department staff (6%trans,4%others of Construction +Contingency) CPM admin, staff,equipment etc. (4% of Construction +Contingency) 20%during planning/concept,15% at start of construction $(852,730.46) FUNDING AMOUNT TOTAL FUNDS AVAILABLE BRIEF PROJECT DESCRIPTION PM APPROVAL CLIENT DEPARTMENT PPM APROVAL Rev.Date 8.28.14 s14 "S.Side 8'-6'-8'FH Summary" Shea MUP-142nd St to Eagle Mtn Pkwy (Fountain Hills Portion) South Side Only 8'-6'-8'Option 10/21/2014 NO. 1 2 DESCRIPTION Earthwork Landscape Restoration Concrete Path (8'wide x 5"Thick on 3" 3 ABC)1933LF Concrete Path (6'wide x 5"Thick on 3" 3a ABC)500LF Extend existing retaining wall to the east 50 LF 4 Remove wall @ Eagle Mtn monument New retaining wall @ Eagle Mtn monument Handrail Striping Traffic Control Median Nose Modifications 10 Survey 11 As-built SWPPP/Dust control Culvert Relocate ped.push button,install new 4'pole Sidewalk Access Ramps @ Eagle Mtn 15 Pkwy 5 6 7 8 9 12 13 14 s12"S.Side 8'-6'-8'F.H. UNIT QUANTITY Cost TOTAL LS 1 34,000.00 $34,000 LS 1 13,500.00 $13,500 SF 15,464 6.88 $106,315 SF 3,000 6.88 $20,640 SF 500 92.00 $46,000 LS 1 6,000.00 $6,000 SF 480 50.00 $24,000 LF 621 80.00 $49,680 LF 7,299 1.10 $8,029 LS 1 33,000.00 $33,000 LS 1 11,000.00 $11,000 LS 1 10,000.00 $10,000 1 3,000.00 $3,000 LS 1 16,500.00 $16,500 EA 3 1,320.00 $3,960 EA 1 2,530.00 $2,530 SF 1,100 9.35 $10,285 Subtotal $398,439 Gen.Cond.$39,844 Fee Bond $438,283 $43,828 $482,111 $8,232 $490,343 Tax $25,449 Total $515,792 General Notes &Assumptions: ±Assumes 8'wide concrete path with 1'clearance to handrail on south side of path 2 Handrail on south side of path for 621 LF 3 Path will narrow to 6'at areas of restriction due to width/steep slope conditions Approx 500 4 Assumes 2433 LF path length 5 Assumes use of David Bacon Wages •ScofWtfl/ SHEA MUP142nd St to Eagle Mtn Pkwy (COS) 10/21/2014 PRELIMINARY PROJECT BUDGET ESTIMATED \CATEGORY PROJECT COSTS NOTES /CALCULATIONS Planning $0 Studies,Masterplans,Site Development Design/CA $40,798.32 Civil Engineering, Architecture and Construction Management (20% of Construction+Contingency) Right of Way Construction $5,800.00 Purchase of easements,Right or way or associated property rights.Estimate based on research Construction Estimate$169,993.00 Utilities $0 Utility design,fees,licenses and construction. Public Art $1,699.93 1%of direct construction FF&E $0 Machinery,Equipment and Furnishings City Fees $4,079.83 Water Development,Plan Review,Permitting (2% of Construction +Contingency) CPM Salaries $8,159.66 Direct salary charges from CPM Staff, PMA, PM and Construction Staff, (4% of Construction +Contingency) WO Credits $12,239.50 CIP supported client department staff (6%trans,4%others of Construction +Contingency) CPM Allocation $8,159.66 CPM admin, staff,equipment etc. (4% of Construction +Contingency) Contingency $33,998.60 20%during planning/concept,15% at start of construction TOTAL:$284,928.51 PROJECTED FUNDING SURPLUS/(DEFICIT):$(284,928.51) FUNDING SOURCES FUNDING AMOUNTCENTER/NAME $ $ $ $ $ TOTAL FUNDS AVAILABLE $0 BRIEF PROJECT DESCRIPTION PM APPROVAL CLIENT DEPARTMENT PPM APROVAL Rev.Date 8.28.14 s13 "S.Side 8'-6'-8'COS Summary" Shea MUP-142nd St to Eagle Mtn Pkwv (Cltv of Scottsdale Portion)10/21/2014|| South side only 8'-6'^'option NO.DESCRIPTION UNIT Sty COST TOTAL 1 Concrete Sidewalk (8'wide,5"Thick on 3"ABC)SF 10528 6.88 $72,432.64 2 Concrete Sidewalk to Saddlevlew HOA (6'wide x 5"thick)approx 116 LF SF 696 6.88 $4,788.48 3 Mlsc Earthwork LS 1 20,000.00 $20,000.00 4 landscape LS 1 5,500.00 $5,500.00 5 Striping LF 4,000 1.10 $4,400.00 6 Traffic Control LS 1 11,000.00 $11,000.00 7 Survey LS 1 5,500.00 $5,500.00 8 As-Built LS 1 2,200.00 $2,200.00 9 SWPPP/Dust control LS 1 4,950.00 $ $ $ $ 4,950.00 Subtotal 130,771.00 Gen.Cond.*_13.077.10 $143,848.10 Fee I_14.385.00 $158,233.10 Bond $ 3.373.00 161,606.00 Tax $_8.387.00 Total $169,993.00 General Notes &Assumptions; 1 Assumes balanced project,no haul off. 2 Assumes 1316 LF path length 3 Purchase ROW for Saddlevlew HOA entrance approx 1160 SF 4 Assumes use of davls bacon wages 5 Excludes Irrigation system ROW purchase for Saddlevlew HOA Connection Excluded (Included on 6 summary page) 7 Path Width do be Concrete 8*wide through all COS portion. s11 "S.Side 8'-6'-'8 COS " SHEA MUP 142nd Stto Eagle Mtn PkwVlCombined'jX V-—^10/21/2014 PRELIMINARY PROJECT BUDGET ESTIMATED CATEGORY PROJECT COSTS NOTES /CALCULATIONS Planning $0 Studies,Masterplans,Site Development Design/CA $164,588.40 Civil Engineering,Architecture and Construction Management (20% of Construction+Contingency) Right of Way Construction $5,800.00 Purchase of easements,Right or way or associated property rights.Estimate based on research Construction EstimateCE685,785.00 Utilities $0 Utility design,fees,licenses and construction. Public Art $6,857.85 1%of direct construction FF&E $0 Machinery,Equipment and Furnishings City Fees $16,458.84 Water Development,Plan Review,Permitting (2% of Construction +Contingency) CPM Salaries $32,917.68 Direct salary charges from CPM Staff, PMA, PM and Construction Staff, (4% of Construction +Contingency) WO Credits $49,376.52 CIP supported client department staff (6%trans,4%others of Construction +Contingency) CPM Allocation $32,917.68 CPM admin,staff,equipment etc. (4% of Construction +Contingency) Contingency s 137,157.00 20%during planning/concept,15% at start of construction TOTAL:s 1,131,858.97 PROJECTED FUNDING SURPLUS/(DEFICIT):$(1,131,858.97) FUNDING SOURCES FUNDING AMOUNTCENTER/NAME $ $ $ $ $ TOTAL FUNDS AVAILABLE $0 BRIEF PROJECT DESCRIPTION PM APPROVAL CLIENT DEPARTMENT PPM APROVAL Rev.Date 8.28.14 s15 "S.Side 8'-6'-8'Combined Summ" 03OOHH(7)D>r~m55>>TIH142NDST- P.O.Box 52025 Phoenix,AZ 85072-2025 (602)236-5900 www.srpnet.com Paul Mood Town of Fountain Hills 16705 E Avenue of the Fountains Fountain Hills,AZ 85268 September 12,2014 File No.: RefNo.: gKBSFkSto" PSG-103.09.09 MAPE-1346 SUBJECT:CALIENTE WASH CONVERSION -AESTHETICS CONCEPTUAL COST ESTIMATE Dear Paul, Per your email request dated August 5,2014,SRP has prepared an Aesthetics Conceptual Cost Estimate to bury one span of existing 12kV overhead facilities just outside Glenbrook Substation.This single span crosses Caliente Wash to the east.The estimate assumes the area is primarily rock so costs reflect a rock bore instead of trenching.Should geo reports indicate otherwise then the costs will be revised when we provide the town with a Definitive Cost. JOB SCOPE: Underground Conversion:Rock Bore approximately 368 feet and install three (3) 3"conduits.Dig two (2)bore pits and two (2)underground device pits. Install one (1)new switching cabinet and one (1)new pulling enclosure.Install 380 feet of new 3-phase 750A underground conductor.Remove and install approximately 1,472 feet of 3-phase 750A underground between pieces of equipment.Remove two (2) 3-phase underground risers. Overhead Removal:Remove two (2) 45 foot wood poles and framing.Remove one (1)span of overhead 3-phase 397A overhead wire and neutral.Remove two (2)anchors and down guys and two (2) underground risers from the poles. COSTS: This Conceptual cost estimate is prepared under the following assumptions: 1)Rock boring at $225 per foot 2)Rock boring pits and switching cabinets 3)Restoration of area where civil work in road is complete; 4)One Police Officer for duration of construction; 5)Does not include the costs for Joint Trench,Bore or Conduit,which are not fundable through Aesthetics; 6)Does not include after-hours construction for commercial outages; 7)Does not include private lighting or new streetlights/system costs. SRP REF#JOB SCOPE COSTS T2030644 Trench or Bore/Conduit $213,400 Electrical $112,800 Underground Subtotal $326,200 Overhead Removal $7,100 TOTAL COST ESTIMATE $333,300 This Conceptual Cost Estimate is valid through January 10,2015.Please sign and return the attached Aesthetics Funding Agreement to me.A Definitive Cost Estimate will be prepared upon completion of design and prior to construction. Please contact me at (602)236-3735 or at Janice.Cacioppo@srpnet.com ifyou have any questions regarding the Aesthetics funding. Sincerely, Janice Cacioppo Municipal Aesthetics Program Administrator Sent via Email c:Randy Harrell,Fountain Hills R Earwood RReed File is*%*i MUNICIPAL AESTHETICS PROGRAM FUNDING AGREEMENT Septembers,2014 File No.:PSG-103.09.09 RefNo.:MAPE-1346 |CONCEPTUAL ESTIMATE •DEFINITIVE COSTS D REVISED COSTS PROJECT NAME:CALIENTE WASH CONVERSION MUNICIPALITY PROJECT #: SRP REF#JOB SCOPE SRP BORE/CONDUIT MUNICIPALITY BORE/CONDUIT T2030644 Trench or Bore/Conduit $213,400 $- Electrical $112,800 $112,800 Underground Subtotal $326,200 $112,800 Overhead Removal $7,100 $7,100 TOTAL COST ESTIMATE $333,300 $119,900 ESTIMATE DATE:9/12/14 VALID THROUGH:1/10/15 CONDITIONS: o This estimate is valid for 120 days from the date of this agreement after which a revised cost may be determined. o A Definitive Cost willbe sent to the Municipality upon design completion, o SRP reserves the right to adjust the estimate to reflect current costs. o The Municipality's SRP Municipal Aesthetics allocation exposure for this project will not exceed actual costs incurred by SRP. o Any future relocation of the facilities associated with this project will be at the cost of those other than SRP, including use of SRP Municipal Aesthetics funds. o Construction willbe done during normal SRP work hours unless otherwise agreed to. o Lane closures that do not impede the normal workflow of traffic willbe allowed unless otherwise agreed to. Power Projects: o As a condition of the use of SRP Aesthetics funds the Municipality is required to provide SRP with a land right that is acceptable to SRP for all relocated and new facilities installed on Aesthetics projects. o If the Municipality requires any additional conduits be placed in the trench an agreement must be in place with SRP prior to the start of construction. o If applicable,Telco and CATV will be offered a joint trench opportunity per existing agreements.Joint trench costs for other utilities are not fundable through the SRP Municipal Aesthetics Program, o Municipality streetlight requirements,if applicable,will be provided early in the design process.Streetlight pole installation and connection costs are the responsibility of the Municipality. (please initial choice of provider)Trench Provider:SRP Municipality (pie Municipality:TOWN OF FOUNTAIN HILLS Print Name:Title: Approved:Date Declined: Signature Date Signature Return signed Funding Agreement to:Janice.Cacioppo@srpnet.com $@m t y T2030644 CUS UE CONV CALIENTE WASH AESTHETICS Roland Reed 602-710-7246 T2030644 CUS UE CONV CALIENTE WASH AESTHETICS Roland Reed 602-710-7246 *UJ/69KV12KVCATV/TELE-.yHtH6»S*i'CALEINTEWASHUNDERGROUDING-LOOKINGWESTFROMIVORYDRI"BEFOREUNDERGROUNDING„ry/-,69KVIt**:r,eC^L^NlEjfl{^g^^^IVORYDRI^AFTERlJNDERGROUNblNG•LL..t.. P.0.Box 52025 Phoenix,AZ 85072-2025 (602)236-5900 www.srpnet.com Paul Mood Town of Fountain Hills 16705 E Avenue of the Fountains Fountain Hills, AZ 85268 lg*%i 0l~29~l3 3 *CVD January 17,2013 File No.:PSG-103.01.01 Ref.No.:MAPE-1219 SUBJECT:SRP Municipal Aesthetics Program Guidelines 2012 Dear Paul, We are pleased to present the new SRP Municipal Aesthetics Program Guidelines 2012.The guidelines were revised to add more clarity and transparency as well as incorporate program changes thatwere effective May 1st,2012.Weencourage you to read through the guidelines to familiarize yourself with the changes.For your convenience I have also included for your reference a copy of the Municipal Aesthetics Program 2012 Guidelines Review presentation that we have been using in our meetings. The Municipal Aesthetics Program has a fund cap of $40 million.The purpose of the cap is to ensure the Program's budget is within SRP's financial means.Prior to the Program's reinstatement last year the accumulated uncommitted pool of funds was nearing the cap. So the first change to the guidelines is a Cap Management program,referred to as the "Three Year Rolling Program", which was implemented effective May 1,2012.The rolling program allows a municipalityto carry three years of annual allocations comprised of the current fiscal year ("Year 1")plus two prior years'("Years 2 and 3")allocations.Funds not committed to projects priorto Year 3 will be forfeited each fiscal year beginning May 2015. Inaddition to the Cap Management the Aesthetics qualifying criteria was enhanced criteria include converting existing streetlight conductor and SRP communications conductor to underground in conjunction with a 12kV or 69kV conversion project. Additional criteria as include SRP upgrading existing wellsite walls, installation of lateral/canal trash racks, and 230kV Receiving Station walls. The newest change made to the Program is some clarification regarding SRP facility relocations.It has been SRP's standard policy to secure a land right for its relocated facilities. Unfortunately this standard has not always been met. The clarification addresses the need for the municipality to secure an interest in real property on which SRP facilities are to be constructed.Secured interest can be a dedicated easement,Public Utility Easement (PUE)or a Relocation Agreement (a sample of a Relocation Agreement is inthe Guidelines.)If a land right is not secured then the project is no longer a qualified Aesthetics project.If the project is of high importance to the municipality to utilize its Aesthetics funds, its funds can be used, however, the municipality will be also be required to pay or have itsfunds reduced bythe equivalent incosts for a future relocation.This new provision is effective with new Aesthetics Funding Agreements date on or after May 1,2013. Should you have any questions regarding the current Guidelines,please contact me at (602)236-3735 or Janice.Cacioppo@srpnet.com. Sincerely, ^4lu&fy*>^ /Janice Cacioppo Municipal Aesthetics Program Administrator Attachments c: Randy Harrel,Fountain Hills S Altuna M Bonano J Baran File rlS^&j Delivering More Than Power.® ......-•..... >• .*•^ Municipal Aesthetics Program Guidelines 2012 11/05/12 MUNICIPAL AESTHETICS PROGRAM GUIDELINES M TABLE OF CONTENTS 1.0 MISSION STATEMENT 1 2.0 CODE OF CONDUCT 1 3.0 OVERVIEW 1 4.0 PROGRAM PARTICIPANTS 2 5.0 PROGRAM FUNDING 2 5.1 Administration 2 5.2 Base Fund 2 5.3 Base Fund Carry Over 2 5.4 Base Fund Cap 3 5.5 Base Fund Cap Management 3 5.6 Base Fund Annual Allocation Calculation 3 5.7 Municipality Minimum Annual Allocation 4 5.8 Municipality Funding Carry Over 4 6.0 QUALIFYING PROJECTS 4 6.1 Qualifying Criteria 4 6.2 Enhanced Qualifying Criteria 5 6.3 Non-Qualifying Criteria 5 7.0 NOMINATING AESTHETICS PROJECTS 6 8.0 PROJECT COSTS 6 8.1 Basis for Project Costs 6 8.2 Conceptual Cost Estimate 6 8.3 Definitive Cost Estimate 7 8.4 Change Orders 7 8.5 Final Costs 7 8.6 Cancellations 7 8.7 SRP Facility Relocation 8 9.0 FUNDING AUTHORIZATION 15 10.0 ADVANCED FUNDING 16 10.1 Criteria for Advanced Funding 17 11.0 CANAL MULTIPLE USE PROJECTS 18 12.0 UNILATERAL USE OF AESTHETICS FUNDS 19 Pagei 11/05/12 13.0 MUNICIPAL FUNDING SUMMARY 19 14.0 SRP CONTACT INFORMATION 19 Pageii 11/05/12 MUNICIPAL AESTHETICS PROGRAM GUIDELINES 1.0 MISSION STATEMENT The mission of Salt River Project's (SRP)Municipal Aesthetics Program is to establish and maintain an effective partnership with each local Municipality. These partnerships were formed to promote the timely siting and construction of SRP's Water and Power Facilities in a publicly informed manner with an emphasis on Aesthetics improvements. 2.0 CODE OF CONDUCT To be in compliance with the "Electric Power Competition Act",SRP abides by a "Code of Conduct."The purpose of the Code is to prevent anti-competitive activities.To view SRP's Code of Conduct visit http://www.srpnet.com.To ensure that the Municipal Aesthetics Program complies with SRP's Code of Conduct the method of allocating Aesthetics funding is reviewed periodically. 3.0 OVERVIEW Implemented in 1989 the SRP Municipal Aesthetics Program was designed to encourage effective partnerships with local Municipalities by offering them the opportunity to have aesthetics improvements made to existing and new SRP water and power distribution, transmission and substation facilities.SRP's partners in the Municipal Aesthetics Program include cities,towns,counties,and Indian communities that are served by SRP water and/or power. Municipal partnerships are intended to promote timely and cost effective siting and construction of SRP facilities in a publicly informed manner with emphasis on aesthetic appearance. The program is further intended to enhance the planning, design and construction scheduling processes active between SRP and the Municipalities, which allows aesthetic features to be incorporated into the initial design of a facility. The Municipal Aesthetics Program is founded on the premise that effective communication between SRP and the Municipalities is essential to improving processes.Coordination of SRP and municipal planning is intended to foster alignment of project scope with the needs and preferences of those that SRP and the Municipality collectively serve. This will facilitate more efficient and cost effective design and construction of water and power facilities required to support growth in the Valley. These guidelines provide for the use of Municipal Aesthetics Program funds within the framework of the Municipal Aesthetics Program as approved by SRP. SRP reserves the right to revise the guidelines as needed and its interpretation of the intent and meaning of any provision hereof shall be controlling in the event of question. Pagel 11/05/12 MUNICIPAL AESTHETICS PROGRAM GUIDELINES 4.0 PROGRAM PARTICIPANTS The followingMunicipalitiesareparticipantsin the SRPMunicipalAesthetics Program: Apache Junction Mesa Avondale Paradise Valley Chandler Peoria Florence Phoenix Fort McDowell Yavapai Nation Pinal County Fountain Hills Queen Creek Gila River Indian Community Salt River Pima Maricopa Indian Community Gilbert Scottsdale Glendale Tempe Guadalupe Tolleson Maricopa County 5.0 PROGRAM FUNDING 5.1 Administration The SRP Municipal Aesthetics Program (Program)is administered within SRP by a Municipal Aesthetics Program Administrator (Program Administrator).Funding occurs in the form of SRP internally budgeted capital expenditures (labor, material, and equipment) for design and construction of aesthetics improvements to SRP water and power facilities as nominated by local Municipalities or SRP. The funding does not result in cash contributions to a program participant with the exception of Canal Multiple Use Projects (see Section 11.0). 5.2 Base Fund The Program Base Fund is funded on a SRP Fiscal Year (May 1-April 30)basis (Fiscal Year). The amount of funding is based on 0.8%of SRP's annual gross revenues taken from the most recent published audited annual report or $12 Million,whichever is less. The annual Base Fund is affected when the Base Fund Carryover nears the Base Fund Cap. 5.3 Base Fund Carry Over SRP typically funds project costs incurred on a quarterly basis.The balance of funds not spent on pending or approved projects at the end of each Fiscal are carried over (Base Fund Carry Over) each Fiscal Year until the Base Fund Cap has been reached. Page 2 11/05/12 MUNICIPAL AESTHETICS PROGRAM GUIDELINES B8&&1 5.4 Base Fund Cap The aggregate Base Fund Carry Over is capped at $40 Million (Base Fund Cap) to ensure the Program's budget is within SRP's financial means. The Program Administrator equitably manages the accumulation of Base Fund Cany Over. 5.5 Base Fund Cap Management To manage the Base Fund Cap of $40 Million a "Three Year Rolling Program" was implemented in January 2012. At the start of each Fiscal Year the municipalities receive a new Aesthetics fund allocation.Beginning May 2015 (Fiscal Year 2016)a municipality may cany three (3)Fiscal Years'allocations.The three years are comprised of the current Fiscal Year-("Year 1") plus two (2) most recent years ("Year 2" and "Year 3"). Funds not approved or committed to projects prior to Year 3 will be forfeited May 1st each year. Example: FISCAL YEAR FY 2016 FY 2015 FY 2014 FY 2013 (including any prior Cany Over) FUND ALLOCATION May/June 2015 May/June 2014 May/June 2013 May/June 2012 3-YEAR ROLLING PROGRAM Year 1 (New/current Fiscal Year) Year 2 Year 3 Year 4 (Uncommitted Funds Forfeited May 2015) 5.6 Base Fund Annual Allocation Calculation Municipal Aesthetics Program annual funding allocations are calculated from the use of two formulas (see Figure 1-Annual Allocations): 1) Ten percent (10%)of the Base Fund Allocation is based on the percentage of Salt River Valley Water User's Association (SRVWUA)membership and townsite water acreage within that Municipality;and 2) Ninety percent (90%) of the Base Fund Allocation is allocated to Municipalities within SRP's Electric Service Area utilizing a formula comprised of two factors (refer to Figure 1 Annual Allocations): a)9%of the Base Fund Allocation is based on the Municipality's percentage share of Total Electric Facilities Revenue for SRP's prior fiscal year; b) 81%of the Base Fund Allocation is based on the Municipality's percentage share of Total Cost of Electric System work accomplished during SRP's prior fiscal year. Page 3 11/05/12 MUNICIPAL AESTHETICS PROGRAM GUIDELINES Base Fund Annual allocation based on $12 Million or 0.8%of SRP Gross Revenues (whichever is less) each SRP Fiscal Year 81% Municipality's %share of Total Cost of Electric System work accomplished during prior SRP Fiscal Year Figure 1 Annual Allocations t^^i 10% Municipality's %share of Total SRVWUA Member and Townsite Acreage for Prior SRP Fiscal Year 9% Municipality's %share of Total Electric Facilities Revenue for Prior SRP Fiscal Year 5.7 Municipality Minimum Annual Allocation The minimum annual allocation increased from $30,000 to $100,000 effective May 1,2010.A minimum allocation is given to a Municipality when its calculated annual allocation is less than $100,000. 5.8 Municipality Funding Carry Over A Municipality's unspent allocation may accumulate or carry over for up to three (3) years. It is possible that in any given year, a Municipality's funding may be insufficient to undertake a project or the Municipality may not have any projects identified for funding. The Municipality Funding Carry Over feature provides Municipalities with the opportunity to plan for and undertake larger projects. 6.0 QUALIFYING PROJECTS Most SRP 12kV distribution and 69kV sub-transmission facilities as well as some water facilities qualify for Aesthetics funded new improvements.Aesthetics improvements are generally defined as capital improvements exceeding general design practices that govern the typical relocation and/or installation of SRP water and power facilities. 6.1 Qualifying Criteria Types of SRP facilities that could qualify for funding includes: Underground construction or modification of existing or budgeted overhead 12kV distribution and 69kV sub-transmission lines (2.Replacement of existing or budgeted SRP transmission wood poles with steel poles Page 4 11/05/12 MUNICIPAL AESTHETICS PROGRAM GUIDELINES M 3.Aesthetics improvements of SRP 115kV,230kV or 500kV lines such as color treatment of associated supporting steel structures 4. Walls, landscaping, sidewalk, driveways, and curb and gutter improvements applicable to SRP 69kV and 115kV substations 5. Piping (undergrounding)of an existing open SRP irrigation ditch and associated delivery gate structures. 6. SRP well site masonry block/wrought iron walls and noise abatement 6.2 Enhanced Qualifying Criteria SRP Management approved Enhanced Qualifying in January 2012.The types of SRP facilities that are included in the Enlianced Qualifying Criteria are: 1.Undergrounding of existing overhead streetlight conductor and municipal services in conjunction with a 12kV or 69kV conversion project (2.Undergrounding of overhead SRP Communications in conjunction with a 12kV or 69kV conversion project 3.Upgrading existing SRP Well Site walls to current standards 4.Walls for SRP lateral/canal trash racks 5. SRP Receiving Station (230kV and up) walls as nominated by the municipality 6.2.1 Canal Multiple Use In January 2012,SRP also approved contributory funding of features associated with Canal Multiple Use projects as Enlianced Qualifying Criteria. These features, which include pathway improvements such as concrete path and lighting,historical markers, art elements,and pedestrian bridges, are typically funded,designed,and constructed installations by the Municipality along SRP's canal system. Refer to Section 11.0 for applicable guidelines. 6.3 Non-Qualifying Criteria Projects that do not qualify for Aesthetics funding include: 1."In-like-kind"or "like-for-like"installations such as overhead facilities relocated via overhead construction;underground facilities relocated to a new underground location; relocating existing piped irrigation facilities to a new piped location; upgrading conductor,etc. 2. SRP facilities dedicated solely for a commercial,industrial or residential customer, including service entrances. 3.Secondary (600V or less)facilities Page 5 11/05/12 MUNICIPAL AESTHETICS PROGRAM GUIDELINES 4.Private lighting 5.Customer owned streetlight pole installation,light connections and new streetlight systems/facilities 6.Relocation of existing SRP well sites 7.Private irrigation facilities 8. Municipal land acquisitions and/or easements 9.Non-SRP utility joint trench costs 7.0 NOMINATING AESTHETICS PROJECTS Municipalities may nominate qualifying Aesthetics improvements projects at any time. All requests shouldbe directedto the Municipal Aesthetics Program Administrator in writing.Each request must include a description of the scope of work and the Municipality's construction schedule including when the Municipality desires SRP's work to be completed. SRP may also nominate projects for a Municipality's consideration for use of its Aesthetics funding. Nominations may also be generated through meeting action items and field reviews. All nominations are reviewed to confirm that the scope of work qualifies for Aesthetics funding, then forwarded to the appropriate department for costing. 8.0 PROJECT COSTS 8.1 Basis for Project Costs The typical cost for Aesthetics improvements is the difference between the cost of a standard SRP installation and the requested Aesthetics improvement. The cost responsibility for SRP's standard installation remains unaffected by a Municipality's use of Aesthetics funds. Costs are typically rounded to the nearest one hundred dollars. The basis for Aesthetics project costs is all applicable design and construction costs associated with the project.Aesthetics costs shall include specific qualifications that, in the event that the qualified conditions change,a cost revision may be justified.No other utility relocations, including private irrigation or electric facilities,are included in the SRP cost projections and are not fundable through the Program. 8.2 Conceptual Cost Estimate Upon receipt of a Municipality's written request or SRP's recommendation for use of a Municipality's Aesthetics funds SRP will prepare a Conceptual Cost Estimate of the Aesthetics improvement costs for each qualifying project.Conceptual Cost Estimates are preliminary estimates and may take several weeks to prepare depending on the project's size and scope of work. Page 6 11/05/12 MUNICIPAL AESTHETICS PROGRAM GUIDELINES Aesthetics Funding Agreement will be transmitted to the Municipality for each project nominated.Conceptual Cost Estimates are valid for 120 days from the estimate submittal date unless otherwise stated on the Aesthetics Funding Agreement.If the estimate has not been approved and the Conceptual Cost Estimate date has expired,the project's funding may be cancelled.If a project is approved and the Conceptual Cost Estimate is greater than 120 days, a revised estimate may be transmitted.If the approved project is nearing design completion a Definitive Cost Estimate may be provided in lieu of a Revised Conceptual Cost Estimate. SRP reserves the right to adjust the Conceptual Cost Estimate to reflect current costs, scope changes or other qualifying changes not reflected in the original estimate. 8.3 Definitive Cost Estimate Definitive Cost Estimate is the cost for design and construction upon completion of the design and prior to start of construction.These costs are valid for 120 days from the cost submittal date unless otherwise stated in the Definitive Cost Estimate communications.If more than 120 days have elapsed from the time the Definitive Cost Estimate was provided to the Municipality and construction has not started,the Definitive Cost Estimate becomes invalid and a Revised Definitive Cost Estimate is provided to the Municipality or the actual costs to date for the Aesthetics project will be used as the basis for funding. SRP reserves the right to adjust the Definitive Cost Estimate to reflect current costs or other qualifying changes. 8.4 Change Orders Applicable costs associated with changes made during the design phase of an approved project are typically captured in the Definitive Cost Estimate.Changes that occur after design completion or during construction will be reviewed by the Program Administrator to determine if the associated costs are Aesthetics fundable.Should the costs qualify for funding an Aesthetics Change Order will be issued and the Municipality notified of the change. 8.5 Final Costs Subject to the requirements noted in this Section 8.0, at completion of an Aesthetics project and based on the final accounting of costs, the Municipality's Aesthetics allocation will fund the lesser of the valid Definitive Cost Estimate or the actual costs. In the event the Conceptual or Definitive Cost Estimate becomes invalid and based on the foregoing provisions,the actual costs will be funded by the Municipality's Aesthetics allocation.The Municipality will be notified in writing of the final costs that were funded by its Municipal Aesthetics allocation. 8.6 Cancellations Job cancellations may affect a Municipality's Aesthetics allocation if the Municipality has previously authorized funding.Should a Municipality approved project be cancelled, all aesthetically qualifying design and construction costs accrued to date will be funded from the Page 7 11/05/12 MUNICIPAL AESTHETICS PROGRAM GUIDELINES Municipality's Aesthetics allocation.The Program Administrator will notifythe Municipality of the costs funded. 8.7 SRP Facility Relocation SRP Facility Relocation shall mean any movement of an existing SRP facility, either from above ground level to below ground or out of the existing alignment of such facility. For any qualifying project resulting in an SRP Facility Relocation where SRP has determined the existing facility is located on land on which SRP or the United States of America (USA) holds or claims a possessory land interest, the Municipality shall bear exclusive responsibility for securing for the relocated SRP facility an interest in the real property on which the SRP facility is to be constructed at least equivalent to the land interest held, claimed or managed by SRP for the existing facility, as solely determined by SRP. The real property interest must be possessory in nature and perpetual in duration. The land interest secured must be vested in either the Salt River Project Agricultural Improvement and Power District (SRPAI&PD)or the USA, at SRP's sole discretion.Notwithstanding the above, in the event the existing facility is located on land in which the USA holds the land interest,fee or easement,SRP retains the unilateral prerogative of requiring the Municipality to resort to a land exchange with the USA pursuant to federal law and United States Bureau of Reclamation policy and procedure. For any qualifying project where (a) SRP has determined that it and the USA lack a possessory interest or claim to such interest in the property on which the existing facility is situated,and (b) the municipality does not provide an easement,relocation agreement in substantially the form attached hereto as Exhibit A or PUE acceptable to SRP for the relocated facility,then the Municipality will be required at the time of the Facility Relocation to pay through Contribution in Aid of Construction (CIAC)or use of its Aesthetics funds,as applicable,for the cost to relocate those same facilities in the future.For example,at the time of the SRP Facility Relocation,the Municipality must fund the cost of a future relocation of the facility (equivalent to the cost of the current SRP Facility Relocation)without the benefit or application of any credit provided for herein (RELOCATION PROTECTION COST).This requirement will be effective for any job with an approved Funding Agreement dated on or after May 1,2013. Example-Estimated Cost of Underground Conversion $250,000 Relocation Protection Cost $250,000 Overhead Credit (does not apply)$ 0 Aesthetics Fundable Amount $500,000 Page 8 11/05/12 MUNICIPAL AESTHETICS PROGRAM GUIDELINES EXHIBIT A FACILITY RELOCATION AGREEMENT FACILITY EEL 0 CATION AGREEMENT m COMffiCTIONTOffl IMPROVEMENTS TO SEP FACILITIES PURSUANT TO THE SRP MUNICIPAL AESTHETICS PROGRAM Between THELtUNICrPALrTY OF wd THE SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT The SALT RIVER PROJECT AGRICULTURAL HrtPROVEMENT AND POWER DISTRICT ("SRP'^magrioilrii^iitfiiOTementd^ ofthe State ctfArizona and..,,^,amunicipal corporation, ("MUNICIPALrrSTlhereby enterinto this AGREEMENTthis dayof , 201 . RECITALS: A. Jn connection with aesthetics mTprovements to certainSRP Facilities ('EXISTING FACJXrnES")which are integralto SRP's core business cf water andpower development, transmission and distribution,MUNICIPALITY desires the relocation of the EXISTING FACILITIES,either from on or above the land surface to belowthe surface or out ofthe current alignment,and SRPand MUNICIPALITY desireto ensurethat,oncerelocated,therelocated facilities ("RELOCATED FACILITIES")will be secure inthenewbcaticaiasagainstftrcure relocation asdesired ccrequiredby MUNICIPALITY. B.SRP and MUNICJPALITY agreethat,irrespectire ofthe nature orvalidiry ofrights held orassertedbySRPvbim the EXISTING FACILITIES are located,MUNICJPALTTY shall provide the assurances hereinto remediate coststo SRPandthe USAassociatedwiththeneed for.future relocation ofthe REL0 CATED FACILrnES,whether or not currently anticipated. C. SRP is willing to accommodate the aesthetics improvements to the EXISTING FACILnTES,provided MUNICJP ALITYshaUreimburee SRPfccanyfiiture costofrelocatioiL ofthe RELOCATED FACJXrnES and provide SRP wMisurlicientrightccprivilegeon land suitable for the RELOCATED FACILITIES ai^caxwWchhllTNICIPALlTYhastheKquisite authorityto grantsuch aright orpi±rilege,that is satisfactoryto SRP. Page 9 11/05/12 MUNICIPAL AESTHETICS PROGRAM GUIDELINES SAMPLE FACILITY RELOCATION AGREEMENT -Continued: NOW THEREFORE,the parties agreeasfollows: 1.This AGREEMENT is intendedsolelyto addressthe obligations ofthe parties with respecttothe provKionofsufficient assurances to SRPregardingthe stability andsecurity of SEP's abiliyto rely an cartimeduse ofthe REL0 GATED FACILITIES without additional costassociafedwiththeneedfcarfofiiremovemeiitofthe RELOCATED FACILITIES. 2.MUNICIPALITY and SRPintendto enterintoaseparate agreement provictingfor the physical removalofthe EXISTING FACILITIES andthe design and constructionofthe REL 0 GATED FACILnTES and apportionment of costs for suchwork. 3. MUNICIP ALJTY warrants that it has the airrhoriry to grant,aMhereby grants SRP,the right to use the land described more particularly in the attached Exhibit A "Legal Description"(NEW FACILITY SlTE),wluch is made apartherec^forthefoUowingpurposes and subjectto the following conditions : a) for the canstruictici^instalafictt,m operation and maintenance ofthe EXISTING FACILITIES,consisting of irrigation pipeline(s)andirrigation turnout structure(sJorelectricfacilities and all other appliances and fixtures foruse m connectiontherewithfor the transmission and distribution of water or power,andfor all otherpurposes connected therewith as SRP may now or hereafter deem convenient or necessary,together with the right of ingress and egress to and fromthe REL 0 CATED FACrLiTJES. b)The EEL0 GATED FAClLlTJlSwmsuDsequeittybereloc^ of MUNICIPALITY only if the NEW FACILITY SITE is required by MUNICIPALITY for authorised purposes that are incompatible with the RELOCATED FACILITIES.Upon notice of intent to relocate by MUNICIPALITY,SRP's right to occupy the NEW FACILITY SITE shall remain in effectuntil SRP's REL 0 CATED FACILITIES have beenmovedto areasonable new locaticrL inanew areathatmeets withthe standards setforth herein. 4.Jnthe event SRP permanently abandons the NEW FACILITY SITEallSRP's rights hereunder shall cease, exceptthe right and obligation to remove any and allproperty placed upon the NEW FACILITY SITE within a reasonable time subsequent to such abandonment. 5. MUNICIPALITY warrants that it has good and sufficient title to the NEW FACILITY SHE,that MUNICIPALITY has legal authority and power to authorise SRP to construct its RELOCATED FACILITIES in the NEW FACILITY SITE and that the NEW FACILITY SITE is free and clear of any encumbrances, except such encumbrances as are acceptable to SRP and as are described on Edubit B "List of Encumbrances".If SEP's REL 0 GATED FACILITIES mustbe relocated or modified due to the claim ofany personto the NEW FACILITY SJTEJKUNICIPALITY shaHrehnburse all of SRP's costs for suclirefocarim tn:\-:;to&xatihn =.j-=:t:-/: Page 10 11/05/12 MUNICIPAL AESTHETICS PROGRAM GUIDELINES SAMPLE FACILITY RELOCATION AGREEMENT -Continued: or modifkation,and such relocation shall be in a reasonable new location ifrelocation is necessary. 6.The covenants and agreements herein set forth shall run with the land and be brndinguponthe NEWFACJLITYSITE,and extend arid irure infavor andtothebenefitofand shall be binding on the heirs,administrators,executors,personal representatives,legal representatives,successors (inchdrngsuccessorsin ownerdip and estate),assigns andlessees of MUNICIPALTTY and SRP. 7.Notwilhstandkigany ofthe aforesaid provisions,the rights granredhereinslvallbe farthersubjectto thefollowing cOTenant3,resrrktions andconditions: a)MUNICIP ALITY shall not construct,install orplace, orgrantalicenseor easementor anypermit or other right allDwingtobe constructed,installed or placed any facilky which unreasonably mterferes with SRP's use ofthe EEL 0 CATED FACILnTES.MUNICIPALITY shall submit designplans for any pl^nedfkiliry or improvement inthe NEW FACILITY SITEto SRPfor its priorreview and comment. b)Inthe event any SRP repafr,mainljen»nce,replajcen^ REL0 CATED FACILnTES will cause a disturbance or aclisrupticinofany public street orpavedroadwsy,SRP shallnotifyMUmCIPALITY,pursuflift to existingpractices.SEP shalprovide for advance warnings jgns,barricades, flagmen,flares,andotherdeviceswhennecessarytoprotecttheroadwayuser as set forth in the "Manual on Uniform Traffic Control Devices"and any amendments and/arrevisionsthereto. c) Inthe eventofany emergency,SRP shaHhaveflie immediate rightto theuse ofanypub lie streetorpav edroaowayasnecessaryand appropriate to correct, repair,replace arreconsrructfhe RELOCATED FACILITIES affectedbythe emergency andnotify MUNICIP ALllYwithin areasonabletimethereafter. 8.MUNICIPALITY and SRP shall eachreleasethe otherparty andmembers ofits governing bodies,directors,officers,employees,agents ardrepresaiiatives from any daimfor damage,lossor cost,inclndingreasonable attorneys'fees and litigation costs,arisingfromthe party's use ofthe NEW FACILITY SITE unless caused by such party's breach ofthis AgreemaiUnegligence orwillrul action. 9.Any disputesarisingout ofthis Agreement,shallbe subjecttoresolution by MUNICIPALITY andSRPthrough compiromise,arbitration,or adjudication.The partiesshall use arbitration,after exhausting allapplicable adnritustralive remedies,toresolve anydisputes wherethe solereliefsoughtis monetarydamages ofone hundttdthousand dolars (£ICOjOOO)or less, exclusive ofinterest and costs. The arbitration shallbe conducted in accordance withthe rules ofthe American Arbitration Association by an arbitratormutually agreedupon bythe parties. 10.The waiver by either party ofanybreachor feilure to provide faUperformance H:-Ar.t thSsaClBsaf^: Page 11 11/05/12 MUNICIPAL AESTHETICS PROGRAM GUIDELINES SAMPLE FACILITY RELOCATION AGREEMENT -Continued: under artyofthe terms orconditions ofthis Agreement shallnctbe construedasawaiverofany othertermorcondition, orofanysubsequentbreachofthe same oranyothertermorccaridition. 11.Holies required to be gmen pursuant to this Agreement shaUbe delivered in person or by certifiedorfirst class UnitedStatesmaiLpostage paid,or byfacsimile to: 12. This Agreement,including any sdwdules,exhibits or attadtments hereto, constitutes the entire agreementbetween the parties,andno understanding or obligalionnot expressly setfiarthherein shaJQ.be biidmgup anthem. Nomodification,amendment or alteration, of this Agreementshallbe validunless it is in writing and signedbybothparries. 13.This Agreement shall be governed by the law's ofthe State ofArizona without regard to conflicts of liMrprin£rples.Anycouttproceeciingregardingthis Agreement shallbe initiated andprosecuted in astate orfrderal court located in Maricopa County,Arizona. 14. This Agreement shallbe recorded inthe books andrecards ofMaricopa County, Arizona,and shallbe effective as to any interest inthe NEW FACILITY SIIEnow owned or hereafter acquired by MUNICIPALITY,and shallbe binding on any successors (ittluding successors in owisrship and estate J,assigns andlessees of MUNICIP ALITY,arid anyfature owners andlessees ofthe NEW FACILITY SITE. IN WITNESS WHEREOF, the parties hereto have exKCutedfhis Agreement onthe day andyearfrrst above written. Tmsmty Kafos^fon tj-rrrr.r-v: Page 12 11/05/12 MUNICIPAL AESTHETICS PROGRAM GUIDELINES SAMPLE FACILITY RELOCATION AGREEMENT -Continued: EXHIBIT "A" '(Legal Description} (KEW FACILITY SITE) Exhibit A Page 13 tStZzM 11/05/12 MUNICIPAL AESTHETICS PROGRAM GUIDELINES SAMPLE FACILITY RELOCATION AGREEMENT -Continued: fJSJ&rsf Ztt?ZMlSZTl :fcjJS3MSg& EXHIBIT "BM £Lirtof Encumbrances} EKhibft B Page 14 t&eti 11/05/12 MUNICIPAL AESTHETICS PROGRAM GUIDELINES 8.7.1 Overhead Credit If a Municipality desires SRP to relocate and/or convert an overhead power installation to underground (conversion),SRP will install the relocated facilities underground in accordance with SRP's current standards. When SRP lacks an existing right, reasonable claim or privilege (e.g. easement, prescriptive claim, public utility easement or agreement) with respect to the location of existing SRP power facilities, and the municipality does provide an easement,relocation agreement in substantially the form attached hereto as Exhibit A or PUE acceptable to SRP for the relocated facility, then SRP is responsible for the Standard Overhead Installation.The cost of the standard overhead installation will be applied to the conversion project costs as an Overhead Credit.This "credit" accounts for the costs,if any,that SRP would have incurred to relocate the facilities overhead. Example: Where SRP has No Prior Rights: Estimated Cost of Conversion $250,000 Estimated Cost of Relocating Overhead ($ 50,000) =Overhead Credit Aesthetics Fundable Amount $200,000 In this example,SRP's conversion job costs are $250,000 of which the Municipality's Aesthetics Allocation funds $200,000.The $50,000 "Overhead Credit"is what it would have cost SRP to relocate the facilities overhead based on SRP's current standards. Frequently,when addressing "Overhead Credit",the term "In-Like-Kind"or "Like-for-Like" installation may be used. This term is not intended to infer anything except that SRP utility relocations,except for conversions,will be installed in the same,or as near as possible, configuration as the existing facilities that are being moved.The Program does not include an accounting for any difference in the relative age or condition of the existing facilities.As the facilities,both existing and relocated,are owned by SRP,the asset accounting and any associated depreciation is addressed as part of SRP's asset management and accounting programs. These relocations are being accomplished solely to accommodate the Municipality's capital improvement program."Betterments"that SRP may be responsible for include the addition of equipment or facilities that are not currently part of the existing facilities or are necessary to comply with SRP's current design and construction standards. 9.0 FUNDING AUTHORIZATION A Municipality shall authorize Aesthetics funding of qualifying projects in writing utilizing an SRP Municipal Aesthetics Funding Agreement. For Municipal driven projects, this authorization of funding is required prior to SRP beginning design and/or construction of the respective projects. For SRP driven projects failure to resolve scope, specific system need date requirements or funding prior to the design start date for SRP projects may result in a lost opportunity for Aesthetics improvements. Page 15 11/05/12 MUNICIPAL AESTHETICS PROGRAM GUIDELINES To facilitate and ensure timely and accurate administration and accounting of the Municipal Aesthetics Program, Aesthetics funds will only be authorized for projects that are expected to begin construction within 24 months from the issue date of the Conceptual Cost Estimate Funding Authorization.SRP reservesthe right to make adjustmentsto any agreements for which construction has not commenced within this timeframe and for changes in the project schedule or scope requested or caused by the Municipality requesting the funding. For SRP non-System Improvementjobs SRP will coordinate the work with the affected Municipality to establish a mutually agreeable in-service date. System Improvement refers to work that is required to upgrade the performance of SRP's power system. In the event that the authorized projects are delayed beyond 24 months from the issue date ofthe Conceptual Cost Estimate Funding Authorization, the current authorization becomes void and the applicable funds are returned to the Municipality's allocation as available funds. The Municipality will be required to submit a new request for funding in order to proceed with the project. Municipalities shall keep the Program Administrator apprised of the status of both planned and authorized projects to ensure effective administration of Aesthetics funds and,if applicable,advanced funding provisions. When the Municipality authorizes Aesthetics funding,SRP's Terms and Conditions for the applicable Engineering/Design and/or Construction contracts are in full affect as required. Also with the Municipality's funding authorization comes the understanding that should a Municipality approved project be cancelled,all Aesthetics qualifying costs will be funded from the Municipality's Aesthetics allocation. 10.0 ADVANCED FUNDING The Advanced Funding provision was added to the Municipal Aesthetics Program effective May 1, 2006. This funding provision replaces the Matching Funds mechanism from the original guidelines.Advanced Funding allows a Municipality to start or complete construction of an approved project within the project's identified timeframe per the Advanced Funding Criteria even though the Municipality doesn't currently have sufficient Aesthetics funds. The amount available for Advanced Funding is based on the Program's aggregate "unspent annual carryover".Unspent carryover is the amount of funds remaining in the Program's budget after annual budget is allocated and funding of costs incurred on approved projects,unfunded pending and approved amounts,and existing Advanced Funding amounts. The total amount available in any SRP Fiscal Year (May through April) for all advancements is 25%of the aggregate "unspent annual carryover"providing the carryover amount is greater than $16 Million.If the aggregate "unspent annual carryover" is less than $16 Million, there will be no funds available for Advancements. All Advancements are tracked and deducted from the aggregate "unspent annual carryover" amount until the Advancements are repaid through future allocations. Page 16 11/05/12 MUNICIPAL AESTHETICS PROGRAM GUIDELINES 10.1 Criteria for Advanced Funding The criteria for Advanced Funding are as follows: 1.The Municipality must submit its request for Advanced Funding in writing to the SRP Municipal Aesthetics Program Administrator. 2.All Municipality requests will be reviewed in the order they are received.Determinations will occur after the Aesthetics annual allocations are completed. 3. The written request should include the location and description of SRP work needed plus the Municipality's construction schedule including when it desires SRP's work to be completed.If the request includes more than one project the Municipality should prioritize the list by importance or completion need date. SRP will prepare Conceptual Cost Estimates for each job associated with each project. 4. All Advanced Funding projects must begin construction within 24 months of the date SRP issues the Advanced Funding Authorization to the Municipality.Advanced Funding will be cancelled if construction projects have not started within 24 months of the Authorization.Unspent funds will be returned and applied as a repayment towards the Advanced Funding balance.If Advanced Funding is cancelled then the Municipality will need to reapply for new Advanced Funding if it desires to continue with the project. 5.Advanced Funding may be requested for multiple projects;however, only one advancement per Municipality will be allowed at any given time. Another advancement will only be allowed once the full amount ofthe prior advancement is repaid. 6.The maximum amount of Advanced Funding that a Municipality can request on an annual basis shall not exceed three (3)times the Municipality's five (5)year average annual allocation,which includes allocations for the current SRP Fiscal Year (May through April) and four (4) most recent prior Fiscal Years. Advancements are rounded to the nearest $100. 7. The Advanced Funding amount is based on all Municipality requests, the number of projects, and the cost estimates for each, and then compared to the aggregate "unspent annual carryover"each year. 8. The Program Administrator will notify the Municipality in writing of SRP's decision whether the request is approved or denied.If Advanced Funding is approved the Program Administrator will issue an Advanced Funding Agreement for execution by the Municipality and SRP. 9. A Municipality's future allocations are applied towards repayment of all Advanced Funding until the advancement is repaid in full. 10.Should the actual costs incurred on a job funded by Advanced Funding be less than the estimate, the unspent balance is returned and applied as repayment towards the advancement. The unspent portion cannot be applied to other jobs. Page 17 11/05/12 MUNICIPAL AESTHETICS PROGRAM GUIDELINES 11.0 CANAL MULTIPLE USE PROJECTS Canal Multiple Use (CMU)Projects were incorporated into the SRP Municipal Aesthetics Program in January 2012.The administration of Aesthetics Fundsfor these projects is different from other Aestheticsprojects becausethe facilities being installed by a Municipality on SRP's canalsare engineered,procured,constructed,maintained,and ownedby the Municipality instead of SRP. CMUprojectsare the only Aestheticsprojectsthat will result in cash contributions to a Municipality. 1. The Municipality must coordinate Canal Multiple Use (CMU) projects with SRP Water Engineering. 2. The Municipality is required to apply for a CMU License with the Salt River Valley Water Users Association. 3. The Municipality shall submit to the SRP Municipal Aesthetics Program Administrator a request to use its Aesthetics allocation for CMU projects. The Municipality shall advise how much Aesthetics funding the Municipality would like to use from their Aesthetics allocation.A detailed breakdown on the features and associated costs included in the requested amount should be included with the request. The Municipality must have sufficient funds in its Aesthetics allocation to fund the amount requested;however,SRP may consider a request for Advanced Funding if the Municipality has insufficient funds available for the project (refer to Section 10.0 Advanced Funding). 4. The Program Administrator will review the request with SRP Water Engineering for conformity with the Aesthetics Enhanced Qualifying Criteria.After confirmation,the Program Administrator will issue a Funding Authorization and Purchase Order for approval ofthe funding by the Municipality and SRP. 5. The Municipality shall be responsible for all design,procurement,construction and maintenance activities associated with the CMU project;however,should any portion of the work be considered by SRP to be "usual and customary"work, then SRP has first right of refusal whether to perform the work. 6. SRP will complete a final inspection of the installed facilities and notify the SRP Municipal Aesthetics Program Administrator.Upon final inspection,the Municipality shall send an invoice referencing the Purchase Order Number to the Program Administrator for the approved amount. 7. SRP will fund the Municipality's invoice from its Aesthetics allocation up to the agreed to amount.The Municipality will be responsible for any variance in excess ofthe agreed to funding amount.Change orders will not be permitted for funding of CMU projects. 8.CMU Projects must be in construction within 24 months from the issue date of the Conceptual Cost Estimate Funding Authorization.In the event that the authorized projects are delayed beyond 24 months,the current authorization becomes void and the applicable funds are returned to the Municipality's allocation as available funds. The Municipality will be required to submit a new request for funding in order to proceed with the project. Page 18 11/05/12 MUNICIPAL AESTHETICS PROGRAM GUIDELINES M 12.0 UNILATERAL USE OF AESTHETICS FUNDS SRP has the right to unilaterally apply a Municipality's Aesthetics allocation to fund a project within its jurisdiction when a Municipality denies both an overhead permit and the use of its Aesthetics allocations for undergrounding and if SRP deems potential life,health,and safety issues would result from the inability of SRP to maintain system reliability or easement restrictions do not provide sufficient clearances to build or maintain the facility. 13.0 MUNICIPAL FUNDING SUMMARY SRP maintains a Municipal Aesthetics Program Funding Summary for each Municipality.The summary documents each Municipality's annual allocations and advancements as well as the funding status for all projects from the Municipality's inception into the Program to date. Updates are made to the Funding Summary as each project's funding status changes. A Municipality may request a copy of its current Funding Summary at any time from the Program Administrator. 14.0 SRP CONTACT INFORMATION SRP Municipal Aesthetics Program Administrator: Janice Cacioppo Office:(602)236-3735 Project Services -XCT400 Cell:(602)818-1447 P 0 Box 52025 Fax:(602)629-8390 Phoenix,AZ 85072-2025 Email:Janice.Cacioppo@sipnet.com Page 19 11/05/12 SRP MAF - Other Potential Projects Description Town of FOUNTAIN HILLS Development Services Department 10-27-14 SRP MAF -OTHER POTENTIAL PROJECTS DESCRIPTIONS A.Replace Wood Pole with Steel Pole - 10 locations: These locations were selected to remove all guy poles and locations where multiple (more than 4) guy wires are associated with existing wood poles on SRP 69 kV electric lines. [Eliminates 80 guy wires and 4 guy poles.] B.Underground Under-hung 12 kV Wires - 5 locations: These locations will underground existing under-hung 12 kV wires (together with the SRP communications wire)at locations crossing collector streets.The Town wil also require that under-hung wiring at these locations belonging to other utilities (Qwest and Cox)be undergrounded concurrently with this 12 kV undergrounding (presumably in joint trench): •Del Cambre at Ashbrook Wash •El Pueblo at Ashbrook Wash •Grande at El Pueblo •Panorama at Wash north of Morningside Subdivision •Panorama at Tioga C.Larger Combined Projects - 2 locations: -Ashbrook Wash (Del Cambre to El Pueblo)&El Pueblo (Ashbrook Wash to Dull Knife Drive):underground 12 kV,communications,and other utilities; and replace wood poles with steel poles -13 spans. [Eliminates 54 guy wires, 1 guy pole, and 13 spans of under-hung wiring.] (Supersedes five "A."locations and three "B."locations listed above.) Glenbrook Blvd.(Bainbridge Ave. to Pelican Dr.):Replace wood poles with steel poles -16 poles. [Eliminates 50 guy wires and 3 guy poles.] (Supercedes three "A."locations listed above.) 16705 E.Avenue ofthe Fountains -Fountain Hills.Arizona 85268 - (480)816-5100 - Fax (480)837-3145 Meeting Date:11/20/2014 Agenda Type:Regular Staff Contact Information:Ken Buchanan Strategic Values:Environmental Stewardship TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type:Regular Session Submitting Department:Administration Council Goal: Communicate role of government/associated costs REQUEST TO COUNCIL (Agenda Language):DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to a REQUEST FOR PROPOSAL for a Solar Services Agreement. Applicant:Ken Buchanan,Town Manager Applicant Contact Information: Property Location: Related Ordinance,Policy or Guiding Principle:n/a Staff Summary (background):As directed by Town Council,Staff further researched possible procurement processes to secure pricing with a qualified firm to provide privately-owned solar photovoltaic energy system at Cutillo Plaza.Due to the complexity of this type of project it is necessary to seek proposals that would address the various Town Council questions and concerns regarding a solar services agreement. Risk Analysis (options or alternatives with implications):n/a Fiscal Impact (initial and ongoing costs;budget status):n/a Budget Reference (page number):n/a Funding Source:NA IfMultiple Funds utilized,listhere:n/a Budgeted;if No,attach Budget Adjustment Form:na Recommendation(s)by Board(s)or Commission(s):n/a Staff Recommendation(s): List Attachment(s):Draft RFP,RFP overview,and pricing plan work sheet SUGGESTED MOTION (for Council use):MOVE to APPROVE to proceed with the REQUEST FOR PROPOSALS for a Solar Photovoltaic energy system for Cutillo Plaza. Page 1 of 2 Prepared by: NA 12/5/2013 Director's Approval: NA 12/5/2013 Approved: Ken Buchanan,Town Manager 12/5/2013 Page 2 of2 SOLAR RFP SCOPE OF WORK PURPOSE The purpose of this RFP is to enter into a long-term contract and secure pricing with a qualified firm to provide privately-owned solar photovoltaic (PV) energy systemsat designated sites and sell the electricity output to the Town. The Town's intent is to enter into a solar services agreement ("SSA")for a term up to, but not limited to, twenty (20) years for sites determined economically feasible. The Town intends to award to a qualified solar energy photovoltaic system provider ("Vendor") that will privately finance develop, design, construct, own, operate and maintain the solar PV systemand sell electrical output to the Town on a cents/kWh basis for the length of the agreement.The awarded firm will be responsible for providing all necessary materials,labor,equipment, financing, travel and incidentals to develop fully functioning systems. Each site is to be leased to the awarded firm pursuant to a site lease agreement. All electricpower generated by the systems will be sold to the Town for use at each respective site to effectively generate electricity at a cost lower than currently available through current traditional electrical providers now and into the future. The systems will be appropriately sized to avoid excess generation and will be delivered on net metering basis. The Town will be eligible to purchase the system at any time after the system has been in place for a minimum of six (6) years based on the buy-back schedule provided as determined at the end of year 6,10,15 and 20 year milestone dates.If purchased at any other period, the parties will agree on a purchase price based on the system's fair market value.If the Town elects not to purchase the system at the end of the contract term, the Vendor shall be responsible for any and all costs to disassemble and remove the PV system apparatus and return the site to the original condition. The Town also reserves the right to negotiate an extension of the SSA. PROJECT SITES Each site described below has a location map that shows the site location and approximate areas identified.It is the responsibility of the Vendor to determine the exact location and size of the PV system on each site based on site constraints,and to fully develop a Proposal with all of the exact information and data to successfully implement the project.The locations and approximate areas identified by the Town shall be verified by the Vendor and may be adjusted to provide the recommended PV system based on the site constraints. The sites identified by the Town are not intended to imply that the PV system at a specific site will be associated with the Town building/facility at that site. It is the responsibility of the Vendor to determine which nearby Town building/facility the PV system will be interconnected with, in compliance with Salt River Project (SRP)design requirements,to provide the most annual cost savings to current and future electrical utility bills. 2272203.2 The locations the Town has selected for possible generating sites are: 1.13001 N.La Montana Dr.,Town of Fountain Hills,AZ and 2.16705 E.Avenue of the Fountains,Town of Fountain Hills,AZ [WILL INCLUDE MAPS OF EACH SITE] If submitting firms find additional locations at Town-owned facilities are feasible sites for power generating stations, firms may submit analysis on any or all of these locations. The Town reserves the right to award any site or combination of sites at its sole discretion. PROCESS TO SELECT THE VENDOR A. The Town will provide power consumption data and request a site financial analysis for all of the sites under consideration by the Vendor. This analysis will be the basis of the financial consideration between the Town and the Vendor. B. The Town will request a Proposal,which shall include a detailed technical proposal, from Vendor(s) for one or more of the sites that the Vendor(s) indicated they would provide services for, as determined by the sole discretion of the Town. C. The Town will review the Proposal to determine if the Proposal meets the needs of the Town,including the best value to the Town and an annual saving to the Town on current and future electrical utility bills. The Town may ask for clarifications or changes to the Proposal.The Proposal will be the basis for the solar services agreement. D. The Town and the Vendor will negotiate a final solar services agreement (other agreements will most likely include:performance agreement with the solar vendor,third party agreement and purchase and sale agreement [this agreement is not signed by the Town, but the Town would be part of the negotiations])(collectively,the "Agreement")for approval by the Town Council. PRICING The Vendor shall complete and submit as part of their proposal a Pricing Sheet detailing the annual cost to the Town,anticipated utility pricing and the minimum savings provided to the Town. In addition,Vendor shall provide a fixed price cost per kWh for the guaranteed minimum production.The Town shall have the option to enter into a traditional power purchase agreement for the duration of the contract or to purchase the kWh of solar produced by system upfront,at a fixed cost per kWh. The Vendor shall also prepare a cost savings analysis.This analysis must also fully describe the Vendor's methodology and assumptions. 2272203.2 PRICING PLAN WORKSHEET Pursuant to all the RFP requirements and specifications enumerated and described in this solicitation, firm agrees to furnish Solar Power Projects to the Town at the price(s) stated below. Site: PV Size: Panel Type: Unblended $/kWh: Total Construction Cost to Furnish and Install PV System $ Period (Years) Guaranteed Power Production (AC) Guaranteed Power Production (DC) Utility Bill Price per kWh City's Price perkWh Net Present Value 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Provide all assumptions made in determining the values above in the appropriate section of the proposal. 2272203.2 Complete Table 1above AND /OR provide pricing as requested below. FixedkWhpriceX TotalGuaranteedkWhproduction= Total $ X_=$ 2272203.2 2267675.1 TOWN OF FOUNTAIN HILLS ____________ DEPARTMENT REQUEST FOR PROPOSALS Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 SOLICITATION INFORMATION AND SELECTION SCHEDULE Solicitation Title: _____________ Release Date: _________________ Advertisement Dates: _________________ – Fountain Hills Times _______________ – Arizona Business Gazette Final Date for Inquires ________________ MANDATORY Pre-Submittal Conference: _______________ _______ _.m. (local time, Phoenix, Arizona) Fountain Hills Town Hall ____________ Conference Room 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Proposal Due Date and Time: __________________ _____ _.m. (local time, Phoenix, Arizona) Shortlist Announced for Oral Interviews: Oral Interviews (if necessary) Target Town Council Award Date: ________________________________ ________________________________ ________________________________ Anticipated Agreement Start Date: _____________________ Town Representatives: ______________________ * In the event that a Vendor cannot be selected based solely on Proposals submitted, Oral Interviews may be conducted at the Town’s sole discretion. ** The Town of Fountain Hills reserves the right to amend the solicitation schedule as necessary. TOWN OF FOUNTAIN HILLS SECTION A ________ 2267675.1 i TABLE OF CONTENTS Section A Page I. RFP Process, Award of Agreement A-1 II. Proposal Format; Scoring A-6 III. Oral Interviews; Scoring A-9 IV. Vendor Information Form A-10 Section B I. Standard Terms and Conditions B-1 II. Special Terms and Conditions B-11 III. Scope of Work B-16 Section C I. Detailed Technical Proposal and Pricing C-1 2267675.1 A-1 PART I. RFP PROCESS; AWARD OF AGREEMENT 1.1 Purpose; Scope of Work. The Town of Fountain Hills (the “Town”) is issuing this Request For Proposals (this “RFP”) seeking proposals (“Proposals”) from qualified, licensed firms (“Vendors”) interested in providing professional services consisting of solar power projects in the Town (the “Services”), as more particularly described in the Scope of Work in Section B. In accordance with the Town’s Procurement Code, the Town will accept sealed Proposals for the Services specified in the Scope of Work. The Town intends to enter into an agreement with a qualified solar energy (photovoltaic) system provider that will finance, design, install, own, operate and maintain a solar (photovoltaic) system on Town owned property and sell electrical output to the Town on a “cents/kWh” basis. Process to select the Vendor: A. The Town will provide power consumption data and request a site financial analysis for all of the sites under consideration by the Vendor. This analysis will be the basis of the financial consideration between the Town and the Vendor. B. The Town will request a Proposal, which shall include a detailed technical proposal, from Vendor(s) for one or more of the sites that the Vendor(s) indicated they would provide services for, as determined by the sole discretion of the Town. C. The Town will review the Proposal to determine if the Proposal meets the needs of the Town, including the best value to the Town and an annual saving to the Town on current and future electrical utility bills. The Town may ask for clarifications or changes to the Proposal. The Proposal will be the basis for the solar services agreement. D. The Town and the Vendor will negotiate a final solar services agreement (and other agreements, see Subsection 1.12(D) below) (collectively, the “Agreement”) for approval by the Town Council. 1.2 Preparation/Submission of Proposal. Vendors are invited to participate in the competitive selection process for the Services outlined in this RFP. Responding parties shall review their Proposal submissions to ensure the following requirements are met. A. Irregular or Non-responsive Proposals. The Town shall consider as “irregular” or “non-responsive” and reject any Proposal not prepared and submitted in accordance with this RFP, or any Proposal lacking sufficient information to enable the Town to make a reasonable determination of compliance to the minimum qualifications. Unauthorized conditions, limitations, or provisions shall be cause for rejection. Proposals may be deemed non- responsive at any time during the evaluation process if, in the sole opinion of the Town Manager or authorized designee, any of the following are true: (1) Vendor does not meet the minimum required skill, experience or requirements to perform or provide the Services. 2267675.1 A-2 (2) Vendor has a past record of failing to fully perform or fulfill contractual obligations. (3) Vendor cannot demonstrate financial stability. (4) Vendor’s Proposal contains false, inaccurate or misleading statements that, in the opinion of the Town Manager or authorized designee, are intended to mislead the Town in its evaluation of the Proposal. B. Submittal Quantities. Interested Vendors must submit one original and four copies (five total submittals) of the Proposal. In addition, interested parties must submit one original copy of the Proposal on a CD-ROM (or electronic media approved by the Town) in printable Adobe or Microsoft Word format (or other format approved by the Town). Failure to adhere to the submittal quantity criteria shall result in the Proposal being considered non- responsive. C. Required Submittal. The Proposal shall be submitted with a cover letter with an original ink signature by a person authorized to bind the Vendor. Proposals submitted without a cover letter with an original ink signature by a person authorized to bind the Vendor shall be considered non-responsive. The Proposal shall be a maximum of fifteen pages to address the Proposal criteria (excluding resumes and the Vendor Information Form, but including the materials necessary to address project understanding, general information, organizational chart, photos, tables, graphs, and diagrams). Each page side (maximum 8 1/2” x 11”) with criteria information shall be counted. However, one page may be substituted with an 11” x 17” sheet of paper, folded to 8 1/2” x 11”, showing a proposed project schedule or organizational chart and only having information on one side. Cover, back, table of contents and tabs may be used and shall not be included in the page count, unless they include additional project-specific information or Proposal criteria responses. The minimum allowable font for the Proposal is 11 pt, Arial or Times New Roman. Failure to adhere to the page limit, size and font criteria shall result in the Proposal being considered non-responsive. Telegraphic (facsimile), electronic (e-mail) or mailgram Proposals will not be considered. D. Vendor Responsibilities. All Vendors shall (1) examine the entire RFP, (2) seek clarification of any item or requirement that may not be clear, (3) check all responses for accuracy before submitting a Proposal and (4) submit the entire Proposal by the Proposal Due Date and Time. Late Proposals will not be considered. A Vendor submitting a late Proposal shall be so notified. Negligence in preparing a Proposal shall not be good cause for withdrawal after the Proposal Due Date and Time. E. Sealed Submittals. All Proposals shall be sealed and clearly marked with the RFP number and title, (__________) _____________________________, on the lower left hand corner of the mailing envelope. A return address must also appear on the outside of the sealed Proposal. The Town is not responsible for the pre-opening of, post-opening of, or the failure to open, any Proposals not properly addressed or identified. F. Pricing. The Vendor shall submit the same number of copies of the Fee Proposal as described in Subsection 1.2(B) (Submittal Quantities) in a separate, sealed envelope enclosed with the Vendor’s Proposal. Pricing shall be inclusive of all of the Services in the Scope of Work in Section B. 2267675.1 A-3 G. Address. All Proposals shall be directed to the following address: Town Clerk, 16705 East Avenue of the Fountains, Fountain Hills, Arizona 85268, or hand-delivered to the Town Clerk’s office by the Proposal Due Date and Time indicated on the cover page of this RFP. H. Pricing Errors. If price is a consideration and in case of error in the extension of prices in the Proposal, the unit price shall govern. Periods of time, stated as number of days, shall be calendar days. I. Proposal Irrevocable. In order to allow for an adequate evaluation, the Town requires the Proposal to be valid and irrevocable for 90 days after the Proposal Due Date and Time indicated on the cover of this RFP. J. Amendment/Withdrawal of Proposal. At any time prior to the specified Proposal Due Date and Time, a Vendor (or designated representative) may amend or withdraw its Proposal. Any erasures, interlineations, or other modifications in the Proposal shall be initialed in original ink by the authorized person signing the Proposal. Facsimile, electronic (e- mail) or mailgram Proposal amendments or withdrawals will not be considered. No Proposal shall be altered, amended or withdrawn after the specified Proposal Due Date and Time. 1.3 Cost of Proposal Preparation. The Town does not reimburse the cost of developing, presenting or providing any response to this solicitation. Proposals submitted for consideration should be prepared simply and economically, providing adequate information in a straightforward and concise manner. The Vendor is responsible for all costs incurred in responding to this RFP. All materials and documents submitted in response to this RFP become the property of the Town and will not be returned. 1.4 Inquiries. A. Written Inquiries. Any question related to the RFP, including any part of the Scope of Work, shall be directed to the Town Representative whose name appears on the cover page of this RFP. Questions shall be submitted in writing by the date indicated on the cover page of this RFP. In the event the Town offices are closed on the Final Date for Inquiries, the Vendor may submit the question(s) to the Town Representative via e-mail or voicemail. Any correspondence related to the RFP shall refer to the title and number, page and paragraph. However, the Vendor shall not place the RFP number and title on the outside of any envelope containing questions, because such an envelope may be identified as a sealed Proposal and may not be opened until the Proposal Due Date and Time. B. Inquiries Answered. Verbal or telephone inquiries directed to Town staff will not be answered. Within two business days following the Final Date for Inquiries listed on the cover page of this RFP, answers to all questions received in writing or via e-mail will be mailed, sent via facsimile and/or e-mailed to all parties who obtained an RFP package from the Town and who legibly provided a mailing address, facsimile and/or e-mail address to the Town. No questions, submitted in any form, will be answered after the Final Date for Inquiries. C. Pre-Submittal Conference. A Pre-Submittal Conference may be held. If scheduled, the date and time of this conference will be indicated on the cover page of this RFP. 2267675.1 A-4 This conference may be designated as mandatory or non-mandatory on the cover page of this RFP. Additionally, if the Pre-Submittal Conference is designated as mandatory, failure to attend shall render that Vendor’s Proposal non-responsive. Vendors are strongly encouraged to attend those Pre-Submittal Conferences designated as non-mandatory. The purpose of this conference will be to clarify the contents of this RFP in order to prevent any misunderstanding of the Town’s requirements. Any doubt as to the requirements of this RFP or any apparent omission or discrepancy should be presented to the Town at this conference. The Town will then determine if any action is necessary and may issue a written amendment or addendum to the RFP. Oral statements or instructions will not constitute amendments or addenda to this RFP. 1.5 Addenda. Any addendum issued as a result of any change in this RFP shall become part of the RFP and must be acknowledged in the Proposal submittal. Failure to indicate receipt of the addendum shall result in the Proposal being rejected as non-responsive. 1.6 Payment Requirements; Payment Discounts. Any Proposal that requires payment in less than 30 calendar days shall not be considered. Payment discounts of 30 calendar days or less will not be deducted from the Proposal Price in determining the low Proposal. The Town shall be entitled to take advantage of any payment discount offered, provided payment is made within the discount period. Payment discounts shall be indicated on Price Sheet. 1.7 Federal Excise Tax; Sales Tax. The Town is exempt from Federal Excise Tax, including the Federal Transportation Tax. Sales tax, if any, shall be indicated as a percentage and set forth as a separate item. It shall not be considered a lump sum payment item. 1.8 Public Record. All Proposals shall become the property of the Town and shall become a matter of public record available for review, subsequent to the award notification, in accordance with the Town’s Procurement Code. 1.9 Confidential Information. If a Vendor believes that a Proposal or protest contains information that should be withheld from the public record, a statement advising the RFP Administrator of this fact shall accompany the submission and the information shall be clearly identified. The information identified by the Vendor as confidential shall not be disclosed until the Procurement Agent makes a written determination. The Procurement Agent shall review the statement and information with the Town Attorney and shall determine in writing whether the information shall be withheld. If the Town Attorney determines that it is proper to disclose the information, the RFP Administrator shall inform the Vendor in writing of such determination. 1.10 Vendor Licensing and Registration. Prior to the award of the Agreement, the successful Vendor shall (A) be registered with the Arizona Corporation Commission and authorized to do business in Arizona and (B) have a completed Request for Vendor Number on file with the Town Financial Services Department. The Vendor shall provide licensure information with the Proposal. Corporations and partnerships shall be able to provide a Certificate of Good Standing from the Arizona Corporation Commission. 1.11 Certification. By submitting a Proposal, the Vendor certifies: A. No Collusion. The submission of the Proposal did not involve collusion or other anti-competitive practices. 2267675.1 A-5 B. No Discrimination. It shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246. C. 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, 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. D. 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. E. 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. 1.12 Award of Agreement. A. Selection. A Selection Committee composed of representatives from the Town will conduct the selection process according to the schedule listed on the cover page of this RFP. Proposals shall be opened at the time and place designated on the cover page of this RFP. The name of each Vendor and the identity of the RFP for which the Proposal was submitted shall be publicly read and recorded in the presence of witnesses. PRICES SHALL NOT BE READ. The Selection Committee shall award the agreement to the responsible and responsive Vendor whose Proposal is determined, in writing, to be the most advantageous to the Town and best meets the overall needs of the Town taking into consideration the evaluation criteria set forth in this RFP. The amount of applicable transaction privilege or use tax of the Town shall not be a factor in determining the most advantageous Proposal. After the Town has entered into an Agreement with the successful Vendor, the successful Proposal and the scoring documentation shall be open for public inspection. B. Line Item Option. Unless the Proposal states otherwise, or unless otherwise provided within this RFP, the Town reserves the right to award by individual line item, by group of line items, or as a total, whichever is deemed most advantageous to the Town. C. Multiple Award. The Town, at its sole discretion, may elect to enter into Agreements with multiple Vendors who are qualified to provide the Services. The final terms and conditions of the proposed Agreement will be negotiated by the Town with the successful offerors. 2267675.1 A-6 D. Form of Agreement. The selected Vendor will enter into an Agreement in a form acceptable to the Town Attorney. If the Town is unsuccessful in negotiating an Agreement with the highest-scoring Vendor, the Town may then negotiate with the second, then third, highest-scoring Vendor until an Agreement is executed. Town Council approval may be required. The Town reserves the right to terminate the selection process at any time. Vendors may require the use of a service agreement and other supplemental contracts. Any agreements used must be pre-approved by the Town. Include any additional agreements in this section for Town review. The system owner may enter into engineering, procurement, service, and construction contracts and any other applicable contract necessary for the design, installation and operation and maintenance of the solar power system. The Town shall not be a party to such contracts. E. Waiver; Rejection; Reissuance. Notwithstanding any other provision of this RFP, the Town expressly reserves the right to: (1) waive any immaterial defect or informality, (2) reject any or all Proposals or portions thereof and (3) cancel or reissue an RFP. The Town expressly reserves the right not to proceed to contract under this RFP. F. Protests. Any Vendor may protest this RFP, the proposed award of an Agreement, or the actual award of an Agreement. All protests will be considered in accordance with the Town Procurement Code. 1.13 Offer. A Proposal is an offer to contract with the Town based upon the terms, conditions and specifications contained in this RFP and the Vendor’s responsive Proposal, unless any of the terms, conditions, or specifications are modified by a written addendum or agreement amendment. Provided, however, that no contractual relationship shall be established until the Vendor has signed, and the Town has approved, an Agreement between the Town and the Vendor in the form acceptable to the Town Attorney. PART II. PROPOSAL FORMAT; SCORING 2.1 Evaluation Process. Each submittal will be reviewed for compliance with the Proposal requirements by the Selection Committee. If necessary, the Selection Committee may conduct oral interviews with up to three of the highest ranked Vendors based upon the Proposal submittal scoring. 2.2 Proposal Format and Scoring. Proposals shall be organized and submitted in the format as outlined below. Failure to conform to the designated format, standards and minimum requirements shall result in a determination that the Proposal is non-responsive. Additionally, the Selection Committee will evaluate and award points to each Proposal based upon the evaluation criteria as outlined in this document. Points listed below are the maximum number of points possible for each criteria; there is no minimum number that the Selection Committee must award. A. General Information - XX pts. 2267675.1 A-7 (1) One page cover letter as described in Subsection 1.2(C) (Required Submittal). (2) 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. (3) 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. (4) Provide a general description of the Vendor’s organization, including years in business. (5) 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. (6) 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. (7) Statement that the RFP will not result in a conflict of interest. (8) Statement that the Vendor is capable of providing the required insurance. (9) Vendor Information Form (may be attached as separate appendix). B. Experience and Qualifications of the Vendor - XX pts. (1) 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 solar power projects. Describe Vendor’s prior relevant experience with the design and construction of similar photovoltaic (“PV”) systems. Describe the Vendor’s experience working with and coordinating similar projects with Salt River Project (“SRP”), including meeting all of SRP’s requirements. 2267675.1 A-8 (2) Provide a list of at least three organizations of a similar size or similar operation to the Town in which work has been performed. This list shall include, at a minimum, the following: (a) Name of company or organization. (b) Contact name. (c) Contact address, telephone number and e-mail address. (d) Type of services provided. The above information must be current, as this will be used to verify references. Inability of the Town to verify references shall result in the Proposal being considered non-responsive. C. Key Positions - XX pts. (1) 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. (2) 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. (3) 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. (4) 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. D. Project Approach - XX pts. (1) Describe the Vendor’s and overall description of the services to be provided, including a detailed technical proposal set forth in Section C to performing the required Services in the Scope of Work described in Section B for one or more of the sites listed in Section B. (2) Describe the ability of the Vendor to provide financing for the project. (3) Describe the proposed coordination process with the SRP. (4) Provide a brief description of the proposed technology and installation description. 2267675.1 A-9 (5) Provide a brief description of the proposed ongoing operations and maintenance of the PV system. (6) Provide any unique factors being proposed by the team. (7) Include a list of the proposed sites that the Vendor is interested in providing solar power services. E. Technical Approach. This section shall be completed separately for each of the sites proposed. Provide a detailed description of the proposed solar energy system. This should include the following: (1) PV System Design and Configuration. (2) Schematic of overall configuration. (3) Electrical grid interconnection requirements. (4) Key design considerations. (5) Guaranteed power capacity (DC kW), measured at the inverter’s input. (6) Guaranteed power capacity (AC kW), measured at the interconnection point. (7) Expected and guaranteed minimum output (AC kWh) production, including data assumptions for winter and summer hours of power generation. Summer on-peak, mid-peak, and winter peak hours must be explained with some detail of assumptions and performance criteria based on seasonal sunlight availability and variable weather conditions. (8) Estimated capacity factor (%) and annual output (kWh) for each year of the 20 year term, with the methodology used to develop the estimates. (9) Discuss how any excess generated power will be handled through the “net metering” process and at what reimbursement rate. (10) PV panels proposed including type, specifications and warranty. (11) Expected PV panel degradation rate to be shown on an annual basis throughout the 20 year term. (12) Inverter – specifications, warranty, and percent degradation in 10 years. (13) Typical useful life of other significant components including all electrical equipment and connections. 2267675.1 A-10 (14) Structural component specifications for racks, roof mounts, panel mounts, etc. (15) Specifications for controls for metering, monitoring and diagnostic instrumentation including warranties. (16) Provide a basic rendering of facility for aesthetic consideration. (17) Include a brief description of the proposed quality assurance/quality control program. (18) Discuss the commissioning, testing and acceptance process for the completed site. (19) Describe the firms’ ability to monitor the installed system. Explain if the collected data reflects system performance, system availability, average and accumulated output, capacity factor, degradation. Provide a sample report. Provide a sample operation and maintenance plan. The plan should cover the full term of operations. Note that the cost of such services will be included in the kWh pricing offered. The plan should describe the proposed operations and maintenance for the system to include the following: (1) The plan will describe the work to be performed, the frequency, time of day, method of routine inspection and cleaning, and any impact this will have on production. Discuss the process that will be used to quickly replace broken, damaged or missing panels. (2) Describe the project team who will provide this service to include similar experience and qualifications of maintenance technicians. Indicate if these personnel are employees of the Vendor or subcontractors. (3) Clearly explain the site access requirements that the firm will need in order to properly inspect and maintain the PV system. (4) Explain how your firm expects the Town to handle routine maintenance issues over the potential 20 year term that might impact the solar system infrastructure including rooftop work such as HVAC, roofing repairs/renovation, etc. F. Financial Capacity of the Vendor to complete the project – XX pts. Provide detailed information regarding the capital finance structure of the privately owned PV system, which should include: (1) Description of relevant financing aspects for the proposed project. (2) Identification of funding sources (including proposed incentives). (3) Examples of previously funded or financed third-party owned projects. 2267675.1 A-11 (4) For each financing team member, provide current annual report or audited financial statement. G. Project Schedule - XX pts. Provide a Gantt chart project schedule of the main services and tasks for the site under consideration. Show intermediate deadlines and milestones, expected completion time, and the time that the site will begin receiving solar power. Include a brief description of all current projects your firm is committed to completing within the time scheduled for completion of the project. F. Pricing - XX pts. Vendor shall submit the same number of copies of the Fee Proposal as described in Subsection 1.2(F) (Pricing) in a separate, sealed envelope enclosed with the Vendor’s Proposal with the signature of the representative of the Vendor who is authorized to make such an offer. The Fee Proposal must be provided in the format in Section C. Total Possible Points for Proposal: XX PART III. ORAL INTERVIEWS; SCORING In the event that a Vendor cannot be selected based solely on the Proposals submitted, up to three Vendors may be selected for oral interviews. The selected Vendors will be invited to participate in discussions with the Selection Committee on the date indicated on the cover page of this RFP and awarded points based upon the criteria as outlined below. Vendors may be given additional information for these oral interviews. These discussions will relate less to the past experience and qualifications already detailed in the Proposals and relate more to identification of the Vendor’s project approach and to an appraisal of the people who would be directly involved in this Services for this RFP. Oral Interview 20 Experience and Qualifications of the Vendor 40 Project Approach 40 Technical Approach 100 Total Possible Points for Oral Interview Total Points Possible for this RFP: XX 2267675.1 A-12 IV. VENDOR INFORMATION FORM By submitting a Proposal, the submitting Vendor certifies that it has reviewed the administrative information and all of the terms and conditions in the RFP and, if awarded the Agreement, agrees to be bound thereto. VENDOR SUBMITTING PROPOSAL FEDERAL TAX ID NUMBER PRINTED NAME AND TITLE AUTHORIZED SIGNATURE ADDRESS TELEPHONE FAX # CITY STATE ZIP DATE WEB SITE: E-MAIL ADDRESS: SMALL, MINORITY, DISADVANTAGED AND WOMEN-OWNED BUSINESS ENTERPRISES (check appropriate item(s): Small Business Enterprise (SBE) Minority Business Enterprise (MBE) Disadvantaged Business Enterprise (DBE) Women-Owned Business Enterprise (WBE) Has the Vendor been certified by any jurisdiction in Arizona as a minority or woman-owned business enterprise? If yes, please provide details and documentation of the certification. TOWN OF FOUNTAIN HILLS SECTION B ________ 2267675.1 B-1 SECTION B STANDARD TERMS AND CONDITIONS Please note that these Standard Terms and Conditions shall be fully complied with by Vendor in any awarded contract (the “Agreement”). Failure to comply with these requirements may result in rejection of a Proposal for non-responsiveness, or cancellation or termination of any awarded contract (Agreement). 1. Payments. The Town shall pay the Vendor 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. 2. Documents. All documents, including any intellectual property rights thereto, prepared and submitted to the Town pursuant to the Agreement shall be the property of the Town. 3. Vendor Personnel. Vendor shall provide adequate, experienced personnel, capable of and devoted to the successful completion of the services to be performed under the Agreement. Vendor shall 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. Upon commencement of the services to be performed under the 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. 4. 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. 5. 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 the Agreement. The Town has no obligation to provide tools, equipment or material to Vendor. 6. Performance Warranty. Vendor shall warrant that the Services described in Section B below rendered will conform to the requirements of the Agreement and to the highest professional standards in the field. 7. 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 TOWN OF FOUNTAIN HILLS SECTION B ________ 2267675.1 B-2 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 Vendor, its officers, employees, agents, or any tier of subcontractor in the performance of the 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. 8. Insurance. 8.1 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 the 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 the Agreement but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in the 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 the Agreement. C. Additional Insured. All insurance coverage and self-insured retention or deductible portions, except Workers’ Compensation insurance and Professional Liability insurance, if applicable, shall name, to the fullest extent permitted by law for claims arising out of the performance of the Agreement, the Town, its agents, representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of the 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 the Agreement are satisfactorily performed, completed and formally accepted by the Town, unless specified otherwise in the Agreement. TOWN OF FOUNTAIN HILLS SECTION B ________ 2267675.1 B-3 E. Primary Insurance. Vendor’s insurance shall be primary insurance with respect to performance of the Agreement and in the protection of the Town as an Additional Insured. F. Claims Made. In the event any insurance policies required by the 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 the Agreement is subcontracted in any way, Vendor shall execute written agreements with its subcontractors containing the indemnification provisions set forth in this Section 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 the 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 the 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 the 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 the 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 the Agreement. If any of the policies required by the Agreement expire during the life of the Agreement, it shall be Vendor’s responsibility to forward renewal certificates and declaration page(s) to the Town 30 days TOWN OF FOUNTAIN HILLS SECTION B ________ 2267675.1 B-4 prior to the expiration date. All certificates of insurance and declarations required by the Agreement shall be identified by referencing the RFP number and title or the 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 the 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 the 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 the 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 the 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. 8.2 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, TOWN OF FOUNTAIN HILLS SECTION B ________ 2267675.1 B-5 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 the 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 the 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 the 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 the Agreement is the subject of any professional services or work, or if the Vendor engages in any professional services or work adjunct or residual to performing the work under the 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 the 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. 8.3 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. 9. Termination; Cancellation. 9.1 For Town’s Convenience. The Agreement is for the convenience of the Town and, as such, may be terminated without cause after receipt by Vendor of written notice by TOWN OF FOUNTAIN HILLS SECTION B ________ 2267675.1 B-6 the Town. Upon termination for convenience, Vendor shall be paid for all undisputed services performed to the termination date. 9.2 For Cause. If either party fails to perform any obligation pursuant to the 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 the 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. 9.3 Due to Work Stoppage. The 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. 9.4 Conflict of Interest. The Agreement is subject to the provisions of ARIZ. REV. STAT. § 38-511. The Town may cancel the 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 the Agreement on behalf of the Town or any of its departments or agencies is, at any time while the Agreement or any extension of the Agreement is in effect, an employee of any other party to the Agreement in any capacity or a consultant to any other party of the Agreement with respect to the subject matter of the Agreement. 9.5 Gratuities. The Town may, by written notice to the Vendor, cancel the 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 the Agreement. In the event the 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. 9.6 Agreement Subject to Appropriation. The Agreement is subject to the provisions of ARIZ. CONST. ART. IX, § 5 and ARIZ. REV. STAT. § 42-17106. The provisions of the Agreement for payment of funds by the Town shall be effective when funds are appropriated for purposes of the Agreement and are actually available for payment. The Town shall be the sole judge and authority in determining the availability of funds under the Agreement and the Town shall keep the Vendor fully informed as to the availability of funds for the Agreement. The obligation of the Town to make any payment pursuant to the Agreement is a current expense TOWN OF FOUNTAIN HILLS SECTION B ________ 2267675.1 B-7 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 the Agreement during any immediately succeeding fiscal year, the 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 the Agreement. The Town shall not be penalized or adversely affected for exercise of its termination rights. Further, the Town shall in no way be obligated or liable for additional payments or other damages as a result of such termination. 10. Miscellaneous. 10.1 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 the 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 the Agreement so long as Vendor meets the requirements of its agreed Scope of Work as set forth in Section B. 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 the Agreement. 10.2 Applicable Law; Venue. The Agreement shall be governed by the laws of the State of Arizona and suit pertaining to the Agreement may be brought only in courts in Maricopa County, Arizona. 10.3 Laws and Regulations. Vendor shall keep fully informed and shall at all times during the performance of its duties under the 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. 10.4 Amendments. The 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. 10.5 Provisions Required by Law. Each and every provision of law and any clause required by law to be in the 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, the Agreement will promptly be physically amended to make such insertion or correction. TOWN OF FOUNTAIN HILLS SECTION B ________ 2267675.1 B-8 10.6 Assignment; Delegation. No right or interest in the 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 the Agreement by Vendor. 10.7 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 the 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 the Agreement by Vendor. 10.8 Attorneys’ Fees. In the event either party brings any action for any relief, declaratory or otherwise, arising out of the 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. 10.9 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. 10.10 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 the 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. 10.11 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: Kenneth W. Buchanan, Town Manager With copy to: GUST ROSENFELD, P.L.C. One East Washington Street, Suite 1600 Phoenix, Arizona 85004-2553 Attn: Andrew J. McGuire, Esq. TOWN OF FOUNTAIN HILLS SECTION B ________ 2267675.1 B-9 To Vendor: __________________________ __________________________ __________________________ __________________________ or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received (A) when delivered to the party, (B) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (C) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party’s counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 10.12 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 the Agreement shall not be used or disclosed by it, its agents, officers, or employees, except as required to perform Vendor’s duties under the 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 the Agreement. 10.13 Records and Audit Rights. To ensure that the Vendor and its subcontractors are complying with the warranty under subsection 10.14 below, Vendor’s and its subcontractor’s books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to the Agreement, including the papers of any Vendor and its subcontractors’ employees who perform any work or services pursuant to the 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 the Agreement and (B) evaluation of the Vendor’s and its subcontractors’ compliance with the Arizona employer sanctions laws referenced in subsection 10.14 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 the Agreement for the duration of the work and until three years after the date of final payment by the Town to Vendor pursuant to the 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 TOWN OF FOUNTAIN HILLS SECTION B ________ 2267675.1 B-10 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 the Agreement. 10.14 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 the Agreement and may result in the termination of the Agreement by the Town. 10.15 Non-Exclusive Contract. The 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. 10.15 Contract Formation. The Agreement shall consist of this RFP and the Vendor’s Proposal, as may be found responsive and approved by the Town. In the event of a conflict in language between the documents, the provisions of the Town’s RFP shall govern. The Town’s RFP shall govern in all other matters not otherwise specified by the Agreement between the parties. All previous contracts between the Vendor and the Town are not applicable to the Agreement or other resultant contracts. Any contracted vendor documents that conflict with the language and requirements of the Town’s solicitation are not acceptable and void the Agreement. TOWN OF FOUNTAIN HILLS SECTION B ________ 2267675.1 B-11 SPECIAL TERMS AND CONDITIONS Please note that these Special Terms and Conditions shall be fully complied with by Vendor in any awarded contract (the “Agreement”). Failure to comply with these requirements may result in rejection of a Proposal for non-responsiveness, or cancellation or termination of any awarded contract (Agreement). 1. Term of Agreement. Any actual Solar Service Agreement (SSA) awarded for a particular site or sites will be subject to the term negotiated that may be up to 20 years in total length. 2. Agreement Renewal. The Town at its option may renew for supplemental terms of up to a maximum of _____ (__) additional years. The period for any single renewal increment shall be determined by the Town. Such increment shall not be for more than a period of one (1) year each, unless the Town is eligible to obtain a significant cost and/or supply advantage by a longer Agreement renewal period. 3. Current Products. All Proposals made in response to this RFP shall be in current and ongoing production shall have been formally announced for general marketing purposes shall be a model or type currently functioning in user environments and shall meet or exceed all specifications and requirements set forth in this solicitation. Enhancements to established products need not necessarily comply with this clause, and will be reviewed on individual merits. 4. Product Discontinuance. The Town may award Agreements for particular products and/or models of equipment as a result of this solicitation. In the event that a product or model is discontinued by the manufacturer, the Town at its sole discretion may allow the Vendor to provide a substitute for the discontinued item. The Vendor shall request permission by the Town to substitute a new product or model and provide all of the following: A. A formal announcement from the manufacturer that the product or model has been discontinued. B. Documentation from the manufacturer that names the replacement product or model. C. Documentation that provides clear and convincing evidence that the replacement meets or exceeds all specifications required by the original solicitation. D. Documentation that provides clear and convincing evidence that the replacement will be compatible with all the functions or uses of the discontinued product or model. E. Documentation confirming that the price for the replacement is the same as or less than the discontinued product or model. TOWN OF FOUNTAIN HILLS SECTION B ________ 2267675.1 B-12 5. Local Maintenance. In order to ensure that the provisions necessary maintenance support required for the equipment specified in the RFP, Vendor must have local maintenance facilities and/or have specific agreements in force with a third party to provide local maintenance. Each maintenance facility must be staffed by trained technicians and have a sufficient parts inventory in order to provide quality service on the equipment. The Town may inspect the maintenance facilities to determine adequacy of the inventory. 6. Maintenance Service. Vendor shall maintain the equipment set forth in the RFP, or alternatively, shall warrant that the equipment manufacturer will maintain the equipment acquired under the Agreement in good working order and in accordance with the manufacturer’s official published specifications and any other specifications set forth herein. Additional terms and conditions applicable to maintenance of the equipment may be specified in a separate maintenance agreement between the Town and the Vendor or equipment manufacturer. In no event shall the provisions of such separate agreement supersede the provisions of the Agreement. 7. Installation and Acceptance. A. Installation Date. The Vendor shall install equipment ready for use on or before the installation date specified in the applicable schedule, provided that an equivalent extension shall be given for any delay caused by the Town. B. Site Preparation. The Town shall have the site available and prepared in a timely manner in accordance with Vendor published specifications. The Vendor shall be given access to the site for installation and testing purposes. C. Site Inspection. Prior to the installation date, Vendor shall inspect the site and shall report to the Town in writing the dates of such inspections, any rejections and the reasons therefore, and the final acceptance thereof. Such final site acceptance shall include a written representation to the Town by the Vendor that the site meets the Vendor’s and/or equipment manufacturer’s site specifications for the efficient and safe operation of the equipment. D. Acceptance Testing. At such time as Vendor has completed installation and is satisfied that the equipment is operating successfully and meets minimum design capabilities, the Town shall be so notified. The Town may accept or reject any portion or all of the equipment. E. Acceptance. At the conclusion of the acceptance testing period, the Town’s acceptance may be conclusively presumed if a written rejection specifying the reasons therefore is not delivered to Vendor within ten (10) business days following the end of the acceptance testing period. 8. Vendor’s Risk. Vendor shall bear all risk of loss, injury, or destruction of materials (equipment/products) ordered as a result of this RFP which occur prior to delivery to TOWN OF FOUNTAIN HILLS SECTION B ________ 2267675.1 B-13 the Town; and such loss, injury, or destruction shall not release Vendor from any obligation hereunder. 9. Job Site Requirements and Clean-Up. Vendor shall agree and covenant to adequately protect the work site, adjacent property and the public in all phases of the work and/or services provided herein. Vendor shall be solely responsible for all damages or injuries due to action or neglect pursuant to this section. Vendor shall maintain access to all phases of the project pending inspection by the Town or its agent. Vendor shall agree to the following as to the job site: A. Continually keep the job site free from debris, waste and accumulation of materials. B. Immediately clean up any oil, fuel or chemical spills and take any and all remediation necessary. C. Keep machinery clean and free of weeds and debris. D. Remove all construction stains, smears and debris from finished surfaces. E. Perform site preparation to limit the spread of weeds, debris and other nuisances prior to submission of final invoice to the Town. F. Remove all equipment, materials, tools and Vendor’s personal property prior to submission of final invoice to the Town. 10. Safety, Health and Sanitation. The Vendor shall provide and maintain in a neat, sanitary condition such facility accommodations for the use by their employees as may be necessary to comply with the requirements and regulations of the Arizona State Department of Health or as specified by the Maricopa County Health Department, Sanitary Code. The Vendor shall be fully responsible for the safety of their employees, the public and property in connection with the performance of the work covered by the Agreement. The Vendor shall provide all safeguards, safety devices and protective equipment and be responsible for taking any needed actions to protect the life and health of their employees and the public during work activity. The Vendor shall also take any necessary actions as directed by the Town to reasonably protect the life and health of employees on this job and others coming into contact with the job site. Precaution shall be exercised by the Vendor at all times for the protection of persons (including employees) and property. The Vendor shall comply with the provisions of all applicable laws, pertaining to such protection including all Federal and State Occupational Safety and Health Acts, and Standards and Regulations promulgated thereunder. 11. Protection and Restoration of Property and Landscape. The Vendor shall be responsible for all damage or injury to public or private property of any character, during the TOWN OF FOUNTAIN HILLS SECTION B ________ 2267675.1 B-14 prosecution of the work resulting from any act, omission, neglect, or misconduct in its manner or method of executing the work or at any time due to defective work or materials. The Vendor’s responsibility will not be released until the project has been completed and accepted. If damage is caused by the Vendor, the Vendor shall restore at no cost to the Town, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding or otherwise restoring as may be directed, or they shall make good such damage or injury in an acceptable manner. Further payments will be withheld until the Town has inspected the corrected damage or injury and has signed-off the completion and acceptance. Vendor shall not dump spoils or waste material on private or private public property without first obtaining from the owner written permission for such dumping. 12. Responsibility for Work. The Vendor shall properly guard, protect, and take every reasonable precaution necessary against damage or injury to all finished or partially finished work due to weathering action by the elements or from any other cause, until the entire portion of their respective Agreement obligation is completed and accepted by the Town. The Vendor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work before final acceptance at no cost to the Town. Partial payment for any completed portion of work shall not release the Vendor from such responsibility. 13. Employees of the Vendor. No one except authorized employees of the Vendor is allowed on the premises of the Town. Vendor employees are NOT to be accompanied in their work area by acquaintances, family members, assistants, or any other person unless said person is an authorized employee of the Vendor. Failure of Vendor to meet this requirement will result in permanent removal of employee performing work at the Town sites. The Vendor must, however, furnish the Town a current employee register on the issuance of the Agreement and updated every six (6) months thereafter. This register must contain the Name, Social Security Number, Phone Number, and Address. 12. Subcontractors(s). The Town reserves the right to approve all subcontractors. 13. Manual Traffic Directors. If your department is in need of manual traffic directors, it is imperative that such training be made available. Otherwise, the only other approved means for directing traffic is by using a uniformed police officer, preferably one who is off-duty and has been scheduled to accompany your work. Some examples where manual traffic directors will be required are as follows: A. To assist in getting construction equipment in and out of a job site adjacent to the traveled portion of the roadway. B. To direct traffic during a water main break, a hazardous waste spill, or any other emergency. TOWN OF FOUNTAIN HILLS SECTION B ________ 2267675.1 B-15 C. May be used in place of police officers that are mandatory whenever manual control of traffic is necessary and such control cannot be done by flaggers from the edge of the roadway. 14. Traffic Operations on Roadways/Thoroughfares. Any and all work carried out on adjacent roadways and thoroughfares will use the appropriate traffic barricading as set forth in the City of Phoenix TRAFFIC BARRICADE MANUAL published by the Street Transportation Department as adopted by the Town. Any and all pruning operations must comply with the safety standards set forth in ANSI 133. 1. All traffic control and lane closures shall be presented as a written plan to Town. Short term operations are allowed under Chapter 9 of the City of Phoenix Traffic Barricade Manual. Non-compliance of any safety or related items within the Agreement will result in a deficiency of performance deduction of a minimum of $100 from the Town payment made to the Vendor. TOWN OF FOUNTAIN HILLS SECTION B ________ 2267675.1 B-16 SOLAR RFP SCOPE OF WORK PURPOSE The purpose of this RFP is to enter into a long-term contract and secure pricing with a qualified firm to provide privately-owned solar photovoltaic (PV) energy systems at designated sites and sell the electricity output to the Town. The Town’s intent is to enter into a solar services agreement (“SSA”) for a term up to, but not limited to, twenty (20) years for sites determined economically feasible. The Town intends to award to a qualified solar energy photovoltaic system provider (“Vendor”) that will privately finance develop, design, construct, own, operate and maintain the solar PV system and sell electrical output to the Town on a cents/kWh basis for the length of the agreement. The awarded firm will be responsible for providing all necessary materials, labor, equipment, financing, travel and incidentals to develop fully functioning systems. Each site is to be leased to the awarded firm pursuant to a site lease agreement. All electric power generated by the systems will be sold to the Town for use at each respective site to effectively generate electricity at a cost lower than currently available through current traditional electrical providers now and into the future. The systems will be appropriately sized to avoid excess generation and will be delivered on net metering basis. PROJECT SITES Each site described below has a location map that shows the site location and approximate areas identified. It is the responsibility of the Vendor to determine the exact location and size of the PV system on each site based on site constraints, and to fully develop a Proposal with all of the exact information and data to successfully implement the project. The locations and approximate areas identified by the Town shall be verified by the Vendor and may be adjusted to provide the recommended PV system based on the site constraints. The sites identified by the Town are not intended to imply that the PV system at a specific site will be associated with the Town building/facility at that site. It is the responsibility of the Vendor to determine which nearby Town building/facility the PV system will be interconnected with, in compliance with SRP design requirements, to provide the most annual cost savings to current and future electrical utility bills. The locations the Town has selected for possible generating sites are: 1. 13001 N. La Montana Dr., Town of Fountain Hills, AZ and 2. 16705 E. Avenue of the Fountains, Town of Fountain Hills, AZ [NEED TO INCLUDE MAPS OF EACH SITE] TOWN OF FOUNTAIN HILLS SECTION B ________ 2267675.1 B-17 If submitting firms find additional locations at Town-owned facilities are feasible sites for power generating stations, firms may submit analysis on any or all of these locations. The Town reserves the right to award any site or combination of sites at its sole discretion. PROJECT REQUIREMENTS 1. The Proposal must provide for a complete ‘turnkey’ solar energy system including private ownership, engineering, procurement, installation, financing, operation and maintenance, utility coordination and interconnect agreement, including all labor and materials and any temporary or interim facilities required to maintain essential existing functions throughout the commercial operational period. The system provider will receive all federal and state tax credits and utility incentives and is expected to factor those rebates into the proposal. 2. Renewable Energy Certificates (“REC’s”) will be handled as follows: For SRP sites, the REC’s will be assigned to the Vendor who will then transfer them to SRP in order to quality for any approved production based incentives (“PBIs”). 3. Although the installed PV energy system will be privately owned, it must comply with Arizona and local utility company metering and interconnection standards and construction guidelines, and must be suitable for allowing maximum output sales to the Town over the contract term. 4. Each firm is responsible for evaluating relevant site conditions, cost/benefit analyses, financing models, renewable energy incentives and appropriate system size. Vendor will be required to design and install a system that fully meets the known electric load (including peak demands) generated at the site over the contract term. Failure of the system to generate the guaranteed kWh will result in the Vendor reimbursing the Town for any differences in guaranteed and actual kWh production. 5. A professional structural engineer, registered in the state of Arizona, must provide sealed structural plans and calculations for proposed roof mounted and ground mounted installations relative to the applicable live and dead loads in accordance with the Town Building Code. 6. A professional electrical engineer, registered in the State of Arizona, must provide sealed electrical plans and specifications. 7. The Vendor shall be fully responsible for all aspects of the design, construction, operations and maintenance of the PV systems in accordance with this RFP, firm’s technical proposal, requirements of all applicable construction and safety codes, laws, Town design standards and bonding requirements as required for construction work. Maintenance costs shall include all costs associated with the performance of the contract including ongoing inspection, maintenance, panel replacement costs resulting from damage, TOWN OF FOUNTAIN HILLS SECTION B ________ 2267675.1 B-18 vandalism, theft, and routine inverter replacement costs. Failure of Vendor to comply with the agreed to operations and maintenance plan may result in a breach of contract determination that will allow the Vendor to terminate the contract for cause. 7. Any PV system repairs necessary as part of a rooftop installation must be performed by the original roofing contractor (if still under warranty) and coordinated with the Town representative. 8. The Vendor shall secure from governing agencies and the utility company all required rights, permits, approvals, and interconnection agreements at no additional cost to the Town. 9. The Vendor shall complete and submit in a timely manner all documentation required to qualify each system for available rebates and incentives. 10. The Vendor shall supply and install all equipment required to interconnect the solar PV systems to the Town’s distribution system. The firm shall fulfill all application, study, and testing procedures to complete the interconnection process. All costs associated with utility interconnection shall be borne by the Vendor. 11. The Vendor shall complete a video/photo inventory of the selected sites within the project limits and provide a copy of the video to the Town prior to the start of construction. The Vendor shall restore all materials and facilities in “like kind” and will be responsible for repairing any damage to facilities that are within the project limits or were disturbed or damaged as a result of the Vendor’s work. 12. Any and all required permits, easements and associated costs for this project are to be included in the project scope and are the responsibility of the Vendor. 13. Vendor shall be responsible for all costs involved in the development and implementation of a comprehensive monitoring system that will track technical and financial information for each PV system installed. The monitoring system shall be a web based system that is non-proprietary, commercially available, capable of being used with PV system equipment from various manufactures and tracks technical and financial information of one or more systems. The monitoring system shall have the following features: A. System shall be available to the Town online, 24/7 for the life of the SSA. B. Provides accurate information at the module-level, string-level and system-level regarding PV performance monitoring, fault detection and troubleshooting, maintenance management, site profitability, and provides logical and physical PV site visualization. C. Provides near real time data, as well as historical and aggregated data, and comparative analysis. TOWN OF FOUNTAIN HILLS SECTION B ________ 2267675.1 B-19 D. Automatically detects problems and issues status reports and alert via e- mails to the Vendor and Town. E. All data is logged and can be securely reviewed and analyzed at any time from any location using a personal/portable computer or a mobile handheld device and the data can be downloaded to the Town in Excel format. F. Tracks energy production, energy usage, PV input voltage and current, solar cell temperature, irradiance, weather conditions and system warnings or faults on a daily, weekly, monthly, yearly, lifetime and date range basis. G. Provides information on system energy savings to the Town in terms of one or more of the following: Cost, CO2 off-set, equivalent power savings per home or similar comparison; H. Monitoring data shall be displayed graphically using visual meters, graphs, bar charts, or other similar displays. I. The monitoring system data shall be available for display on the Town’s website. 14. The Town will be eligible to purchase the system at any time after the system has been in place for a minimum of six (6) years based on the buy-back schedule provided as determined at the end of year 6, 10, 15 and 20 year milestone dates. If purchased at any other period, the parties will agree on a purchase price based on the system’s fair market value. If the Town elects not to purchase the system at the end of the contract term, the Vendor shall be responsible for any and all costs to disassemble and remove the PV system apparatus and return the site to the original condition. The Town also reserves the right to negotiate an extension of the SSA. 15. All components of the PV systems shall be approved, listed, and labeled by an acceptable third party and meet the requirements of the Town Building Code and the Town Electrical Code. 16. Commissioning and acceptance testing by the Vendor will be required before acceptance of the PV system by SRP and the Town. During this testing, SRP and the Town (or its independent agent) shall observe and verify system performance. Before the Vendor can sell electricity to the Town, the project must be fully tested and commissioned to ensure reliability and comply with established commercial practices. The “Commercial Operation Date” is defined as the date after which all testing and commissioning has been completed and is the initiation date to which the Vendor can start producing electricity for sale. Required commissioning and acceptance test services include: A. Starting up of all components of the solar PV systems including the solar panel, inverter, and interconnect equipment until it achieves the performance requirements. TOWN OF FOUNTAIN HILLS SECTION B ________ 2267675.1 B-20 B. Conducting the successful delivery of power for seven (7) consecutive days within the first thirty (30) days following completion of a system. C. The solar power monitoring system shall also be fully operational during the entire seven (7) day power delivery period. D. Orientation on how the solar PV system will be disconnected in the event of emergency. E. All necessary training and coordination with SRP and Town staff shall be provided. F. The Vendor shall provide two (2) complete sets of the operations and maintenance manuals, and one set of as-built drawings in an electronic format required by the Town Engineering Department. TOWN OF FOUNTAIN HILLS SECTION C ________ 2267675.1 C-1 SECTION C DETAILED TECHNICAL PROPOSAL AND PRICING 1. General. The Vendor(s) will prepare a Site Financial Analysis and Proposal for up to the two (2) proposed sites. The sites that the Vendor selects to prepare a Proposal for should be those sites that the Vendor determines will meet the Town’s criteria stated in the following paragraph. The Town’s selection will be based on the best overall value to the Town, in the Town’s sole discretion. The Town is only interested in developing photovoltaic (PV) projects that will provide annual savings to current and future electrical utility bills when compared to utility costs without the PV facilities. 2. Site Financial Analysis. Vendors will be provided with power consumption information for each of the sites identified in Section B. The Vendor will evaluate each site to determine if the PV system at the site will provide savings to the current and future electrical utility bills for each site. The Vendor shall provide a firm price structure that provides savings for the duration of the Agreement term. Vendor shall provide a price that includes 100% of all costs incurred in the performance of the contract, signed by an individual authorized to bind the Vendor contractually. The bid must be inclusive of all costs including, financing, overhead, travel, local transportation, supplies and materials, furnishings of all materials, services, labor, taxes, and insurance. Material costs shall include all costs associated with the performance of the contract including ongoing maintenance, panel replacement costs resulting from damages, and routine inverter replacement costs. Vendor shall complete and submit as part of their proposal a Pricing Sheet detailing the annual cost to the Town, anticipated utility pricing and the minimum savings provided to the Town. In addition, Vendor shall provide a fixed price cost per kWh for the guaranteed minimum production. The Town shall have the option to enter into a traditional power purchase agreement for the duration of the contract or to purchase the kWh of solar produced by system upfront, at a fixed cost per kWh. It is requested that each Vendor prepare a cost savings analysis. This analysis must also fully describe the Vendor’s methodology and assumptions. TOWN OF FOUNTAIN HILLS SECTION C ________ 2267675.1 C-2 The Vendor shall guarantee that the system performance will produce the guaranteed minimum kWh as outlined in their price structure bid. In the event that a shortfall exists, Vendor shall pay to the Town, an amount negotiated in the contract. The financial analysis shall show a net present value of the system at 6, 10, 15, and 20 years. Should the proposed PBI not be awarded or not be available, or any other financial assumption used by the Vendor not be valid, the Town may end the RFP process at that time with the Vendor. At the Town’s option, the Town may delay proceeding with the PV system at the proposed site until the proposed PBI’s are available, of the Town may go to another Vendor with a PBI that is likely to be accepted, or any other option that is available to the Town. The Vendor will present a firm price structure; this information will be presented using Table 1, or a similar table. 3. Monthly Billing. Describe the monthly billing plan for the system, include a sample bill. The monthly billing period will be generated based on the local utility meter and shall coincide with the utility provider billing cycle and shall include the following: A. Maximum power output in KW (AC). B. Total kWh (AC) generated. C. Total kWh (AC) sold. D. Net metering summary, if applicable. E. Amount due for solar energy sold to the Town within the billing period. F. Past due amounts. G. Total bill. 4. Warranty. Describe in detail the warranty offered the Town regarding the installed solar photovoltaic system and how that warranty would support any impact of the Vendor’s solar system apparatus to the Town’s owned infrastructure. TOWN OF FOUNTAIN HILLS SECTION C ________ 2267675.1 C-3 Table 1 Pricing Plan Worksheet Pursuant to all the RFP requirements and specifications enumerated and described in this solicitation, firm agrees to furnish Solar Power Projects to the Town at the price(s) stated below. Site: PV Size: Panel Type: Unblended $/kWh: Total Construction Cost to Furnish and Install PV System $ Period (Years) Guaranteed Power Production (AC) Guaranteed Power Production (DC) Utility Bill Price per kWh City's Price per kWh Net Present Value 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Provide all assumptions made in determining the values above in the appropriate section of the proposal. TOWN OF FOUNTAIN HILLS SECTION C ________ 2267675.1 C-4 Complete Table 1 above AND / OR provide pricing as requested below. Fixed kWh price X Total Guaranteed kWh production = Total $ _____________ X ___________________________ = $ ___________ Meeting Date:11/20/2014 Agenda Type:Regular Staff Contact Information:Ken Buchanan Strategic Values:Environmental Stewardship TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type:Regular Session Submitting Department:Administration Council Goal: Communicate role of government/associated costs REQUEST TO COUNCIL (Agenda Language):CONSIDERATION with possible COUNCIL DIRECTION regardingthe initiation of a Environmental Fee . Applicant:Ken Buchanan,Town Manager Applicant Contact Information: Property Location:Town-wide Related Ordinance,Policy or Guiding Principle:n/a Staff Summary (background):The U.S.Clean Water Act requires local governments to administer and absorb the costs of a Municipal Separate Storm Sewer Permit.This program requires storm drain and culvert cleaning illegal dumping,storm water permitting,dust control permitting and Wastewater Discharge Reuse permitting costs.Additionally,the Town of Fountain Hills also is required to administer and adequate Street Sweeping program to meet the Air Quality Non-Attainment provisions as well. All has been absorbed with existing revenues. Risk Analysis (options or alternatives with implications):Non compliance of the U.S.Clean Water Act;ADEQ and ADWR permit requirments. Fiscal Impact (initial and ongoing costs;budget status):$478,000 annually Budget Reference (page number):Currently budgeted for $323,000 of the required costs. Funding Source:NA IfMultiple Funds utilized,listhere:n/a Budgeted;if No,attach Budget Adjustment Form:NA Recommendation(s)by Board(s)or Commission(s):n/a Staff Recommendation(s):Consider a $3.00 per parcel monthly fee for the enclosed programs List Attachment(s):Town Manager Memorandum SUGGESTED MOTION (for council use):Move to approve a $3.00 per month fee per parcel to offset the costs of an Environmental Program for the Town of Fountain Hills. Page 1 of 2 Prepared by: NA 12/5/2013 Director's Approval: NA 12/5/2013 KenBuchanan,Town Manage Qjj^a*+ss~- Manager 12/5/2013 Page 2 of2 MEMORANDUM DATE: FROM: TO: SUBJECT: November 20UI 2014 Ken Buchanan,Town Manager Mayor &Town Council Environmental Fee *th & The Mayor &Town Council requested staffto provide further information regarding instituting a possible feeto assistinthe federally mandated stormwater management program. Further,staff was to investigate the possibility of partnering with an interested entity (Chaparral CityWater Company orthe Fountain Hills Sanitary District)toassistwith the billing ortheTownof Fountain Hills conduct an"in-house"billing program.The following is the result of staff s efforts. MS4 Requirements The U.S. Environmental Protection Agency required municipalities to administer a Municipal Separate StormSewer (MS4)Permitunderthe U.S.CleanWater Act.Currently, the Town of Fountain Hills has a MS4 approved permit until June of 2015.There are on goingdiscussionswiththe ArizonaDepartment of EnvironmentalQualityfor a new MS4 Permitthatwillresultin additional responsibilities beingplacedonthe TownfromADEQ thatwillonlyincrease administrative processes and associated costswithbuilding permits involvingflood controlmitigationmeasures. The MS4 Permit currentlyrequiresactivities that include: Public Education Public Participation and Involvement Illicit Discharge Detection and Elimination Construction Site Runoff Control Post-Construction Runoff Control Pollution Prevention Activities include: Street Sweeping Storm Drain &Culvert Inspection/Cleaning Drainage Parcel Inspection On-Call Storm Debris Clean-Up Household Hazardous Waste Collection Wash Maintenance Page 1 of 7 •ADWR Dam Inspection &Maintenance •Illegal Dumping Costs •ADEQ Storm Water Permits and Associated Costs •Water Discharge Permits for Use of effluent on Municipal Parks Costs •Maricopa County Dust Control Permit and Associated Costs Current Impacts: •73,200 linear feet of storm drains,culverts and channels •1.9 million linear feet of curb and gutter •177 miles of streets o Sweeping required of once every two months for residential streets o Arterial Streets are on a once every three week cycle o 407 catch basins where 25 are inspected annually o 700 acres of town owned washes •Clean 60 to 100 acres per year o Six town-owned Dams designated by ADWR Fee In the 2014/15 Annual Budget the Town has absorbed $323,000 from existing funds toward the various required programs to adhere to the Storm Water Management Plan as well as Air Quality mitigation measures with monthly street sweeping. There is an estimate of another $205,000 in other projects totaling an estimated $478,000, such as Household Hazardous Waste Collection which has gone unbudgeted. To administer a collection system will cost $80,000to developthe softwareandtraining as well as an additional$20,000annuallyto bill semi-annually. Over the past 5-year period, from 2008 to 2014,the Town of Fountain Hills has spent $1,194,158 (Attachment B) administering the above mentioned required programs. The expendituresto date have not kept up with the demand for proper maintenanceof the above mentioned required Storm Water Management facilities/amenities. Given there are 13,000 parcels of land in Fountain Hills, in order to adequately fund the above mentioned programs, it will require a $3.00 per month assessment to fund 95% the Environmental Program costs. Capital Projects Therewas discussion concerning capital projects. There is an estimate of $7,960,200 (Attachment C) for seventeen projects relating to the then Storm Water Management/DrainageProjects discussed in past Capital Improvement Programs. The Environmental Fee is not a feasible funding instrument to address this type of capital funding need. Page 2 of7 Billing Strategy FountainHills SanitaryDistrict. Staffdiscussedthematterwiththe Sanitary DistrictManager (Attachment A)whointurn discussedthe Town's requestwithits Governing Board at its October monthly meeting declined assistance. Chaparral City Water Company.Staff also discussed the matter with representatives of the CCWC(AttachmentA) to see if there was a possiblewayto have them bill on a quarterly basis an environmental fee. CCWC indicated that EPCORwouldbe requiredto receivepermissionfromthe ArizonaCorporation Commissionto assist in billingprocess. This would betoo cumbersomea processto proceedwith an recommendednot followthrough with EPCORalthoughgreatly appreciated their willingness Republic Services. At a later date than the previous two requests for consideration of FHSD and EPCOR,Staff discussed the billing possibility with Republic Services who indicating a willingness to consider, but Republic Services does not bill all parcels in Fountain Hills. An "In-House"billing process is recommended and will cost an estimated $80,000 (Attachment D) to initiate a utility billing software system and associated equipment added to the existing Munis Software System the Town currently utilizes. It will take an estimated four to six months of both installation of the utility module software to the current software system plus additional user training required. It is also estimated that up to $10,000 per billing cycle will be required for postage and handling. A semi-annual billing cycle is recommended instituting an Environmental Fee. Page 3 of7 ATTACHMENT A Page4 of7 Town of FOUNTAIN HILLS Mr.Jeff Stuck Chaparral City Water Company 6215 N.Cattle Track Road Scottsdale,Arizona 85250 Re:Utility Billing Assistance Dear Mr.Struck: The Mayor and Town Councilof the Town of Fountain Hills is currently reviewing the Town's Stormwater Management Plan and its associated costs.The Town has over 73,000 feet of stormwater drainage facilities including drains,culverts,and channels.The Town also has six town-owned dams and 700 acres of Town-owned washes,as well as 1.9 million feet of curb and gutter.Additionally,the Town sweeps 177 miles of streets monthly. TheTownof Fountain Hills isconsidering options to facilitate the billing required for an environmental fee to assist in paying for the costs to maintain the structures and provide the services mentioned above,together with permitting fees. The Town currently does not have a billing system adequate to effectively administer a stormwater fee. The Town is inquiring if the Chaparral City Water Company has an interest in a mutual agreement between the two entities because of your established billing system to assist the Town with billing/collection services for a possible environmental fee should the Town Council decide to establish such. Staffintends to providea report backto the Mayorand Town Council at its regularmeeting on November 6,2014.We will appreciate your response as soon as possible as to whether or not Chaparral City Water is interested ina cooperative billing arrangement with the Town. Ifyou have questions or wish to discuss this matter further,please feel free to contact me. Sincerely, •?(«**Out>4ANC*A/^ Ken Buchanan Town Manager 16705 E.Avenue of the Fountains -Fountain Hills,Arizona 85268 - (480)816-5100 - Fax (480)837-3145 EP& CHAPARRAL CITY 12021 NPanorama Drive Fountain Hi epcor.com WATER COMPANY Fountain Hills,AZ 85268 USA NOV - 3 2014 October 30,2014 Mr.Ken Buchanan Town Manager Fountain Hills 16705 E.Avenue of the Fountains Fountain Hills, AZ 85268 Dear Mr.Buchanan, I am writing this letter infollowup to our discussion regarding EPCOR Water (USA) Inc. providing billing assistance to the Town for an Environmental fee the Town is considering for implementation.I felt the meeting was very productive and as I indicated,EPCOR Water (USA) Inc. is willing to explore providing this assistance to the Town.There are however,a number of considerations we must resolve before a definitive agreement for billing assistance can be reached. I committed to outlining those considerations for you and have done so below. It will be important to work through these in a collaborative fashion to ensure we fully understand the scope and limitations that may exist for this effort. The first issue is that EPCOR Water (USA) Inc.must notify and receive approval from the Arizona Corporation Commission (ACC) to perform any type of billing assistance.I had indicated the best way to proceed with obtaining this approval would be for us to collectively meet with ACC staff and discuss our desire to implement such billing assistance.I also indicated that any billing assistance would likely include the need for us to share very limited customer information with the Town to allow your staff to properly and uniformly apply this fee.A customer data sharing agreement will also require ACC staff approval. While our meeting was high level some of the details I noted were that the Town was contemplating a billing by parcel.I explained that our billing system is based on customer and premise data as the foundation of the system.These are the two data sources that serve to differentiate individual billing units in our billing system.A premise in our billing system is associated with the physical address where water service is provided and is not necessarily associated with a parcel.The customer data source is the information associated with the person who set up water service and is responsible for the billing associated with the account.At our meeting you indicated the Town's initial thought was to devise this fee based on parcel and as you can see implementing that approach with our billing system will be complicated.We will need to meet and discuss this further to move forward with any billing agreement we may reach. Further, you had indicated your initial thought on design for this fee would consist of a quarterly or annual billing.We bill our customers monthly and includinga billing at intervals other than that may pose challenges.I am looking intoto that in order to better understand if either of those billing intervals would pose complications. You also indicated your staff would handle any collection issues related to remittance of this fee.I am working to determine ifwe will be able to distinguish this fee discreetly when EPCOR Water (USA) Inc.customers remit payment.If the fee can be distinguished separately it will be relativelysimple for us to provide remittance informationto the Town but ifitcannot, providing that data may not be possible. This is another area that will require further discussion.Additionally, EPCOR Water (USA)Inc.cannot provide water service termination for any failure by a customer to remit this fee. Finally,I indicated that the Townwould need to adequately advertise and notify EPCOR Water (USA) Inc.customers that this fee is solely being implemented by the Town and it is in no way being initiated by or is related to their EPCOR Water (USA) Inc.service. Hopefully this letter adequately responds to your request,please let me knowofyourdesire to proceed and I will arrange a meeting with the ACCto begin the process.Also,please feel free to callme with any additional questions or concerns you may have related to this matter. Sincerely, Jeffrey Stuck Director of Operations EPCOR Water (USA) Inc. Cc:Troy Day Shawn Bradford Town of FOUNTAIN HILLS Mr.Ron Huber General Manager Fountain Hills Sanitary District 16941 E.Pepperwood Circle Fountain Hills, AZ 85268-2901 Re: Utility Billing Assistance Dear Mr.Huber: The Mayor and Town Councilof the Town of Fountain Hills is currently reviewing the Town's Stormwater Management Plan and its associated costs.The Town has over 73,000 feet of stormwater drainage facilities including drains,culverts,and channels.The Town also has six town-owned dams and 700 acres of Town-owned washes,as well as 1.9 million feet of curb and gutter.Additionally,the Town sweeps 177 miles of streets monthly. The Town of Fountain Hillsis considering options to facilitate the billing required for an environmental fee to assist in paying for the costs to maintain the structures and provide the services mentioned above,together with permitting fees.The Town currently does not have a billing system adequate to effectively administer a stormwater fee. The Town is inquiring if the Fountain Hills Sanitary District has an interest in a mutual agreement between the two entities because of your established billing system to assist the Town with billing/collection services for a possible environmental fee should the Town Council decide to establish such. Staff intends to provide a report back to the Mayor and Town Council at its regular meeting on November 6,2014. We will appreciate your response as soon as possible as to whether or not the Fountain Hills Sanitary District is interested in a cooperative billing arrangement with the Town. Ifyou have questions or wish to discuss this matter further,please feel free to contact me. Sincerely, ^€m SuOO^aOa^- Ken Buchanan Town Manager 16705 E.Avenue of the Fountains -Fountain Hills,Arizona 85268 - (480)816-5100 - Fax (480)837-3145 October 31,2014 FOUNTAIN HILLS SANITARY DISTRICT 16941 E.PEPPERWOOD CIRCLE FOUNTAIN HILLS,AZ 85268-2901 TELEPHONE:480-837-9444 FAX:480-837-0819 www.az-fhsd.gov NOV -3 2014 Ken Buchanan Town Manager 16705 E.Avenue of the Fountains Fountain Hills,AZ 85268 RE:Utility Billing Assistance Dear Mr.Buehanan: In response to yourundatedletterandourOctober14,2014 meeting,the above-referenced subject was presented to the FountainHillsSanitaryDistrictBoardof Directorsat its October28,2014 meeting.TheDirectorsexpressedno interestinperformingthe Town's billing operation. Sincerely, Ronald D.Huber,P.E. District Manager /pc Town of FOUNTAIN HILLS November 10,2014 Ms.Denette Dunn Southwest Area Municipal Manager Republic Services 1855 E.Deer Valley Road Phoenix,Arizona 85024 Re: Utility Billing Assistance Dear Ms.Dunn: The Mayor and Town Council of the Town of Fountain Hills is currently reviewing the Town's Stormwater Management Plan and its associated costs.The Town has over 73,000 feet of stormwater drainage facilities including drains,culverts,and channels.The Town also has six town-owned dams and 700 acres of Town-owned washes,as well as 1.9 million feet of curb and gutter.Additionally,the Town sweeps 177 miles of streets monthly. The Town of Fountain Hillsis considering options to facilitate the billing required for an environmental fee to assist in paying for the costs to maintain the structures and provide the services mentioned above,together with permitting fees. The Town currently does not have a billing system adequate to effectively administer a stormwater fee. The Town isinquiring if the RepublicServices has an interest in a mutual agreement between the two entities because of your established billing system to assist the Town with billing/collectionservices for a possible environmental fee should the Town Council decide to establish such. Staff intends to provide a report backto the Mayor and Town Council at its regular meeting on November 20, 2014. We will appreciate your response as soon as possible as to whether or not Chaparral City Water is interested ina cooperative billing arrangement withthe Town. Ifyou have questions or wishto discussthis matter further, please feel free to contact me. Sincerely, 4^M.CjUC>p*A<>u^w Ken Buchanan Town Manager 16705 E.Avenue of the Fountains -Fountain Hills,Arizona 85268 - (480)816-5100 - Fax (480)837-3145 Ken, It was a pleasure meeting with you yesterday. I have read your letter and understand the Town is considering options to billfor environmental fees. RepublicServices can add an amount to the residential billing process already in place. I would be more than happy to set up a meeting to discuss this further and would suggest we set up a time to sit down with yourself,Paul and Raymond. Aswe discussed yesterday Alberto Guardado the SW Area President and Bob Bennett the Phoenix Hauling Division GM and I would like to schedule a time to meet.Please let me know a few dates and times your schedules could accommodate an hour to sit down and discuss the areas where Republic Services can strengthen our partnership and the services we offer to Fountain Hills. Thank-you, Denette REPUBLIC SERVICES We!handle it from here * Denette Dunn SsMwe&AmtMkiPfca&Swtiia&Mmv^ 18S5East OetrV*%Rotf.Ptontx AZ S5G24 •«Ww»rC^«pobks«viaKE.com c 602292-103.3 ATTACHMENT B Page 5 of7 Stormwater/Environmental Fee Program Items FY10-14 FY15 Estimated 4-Year Expenditure General Fund HURF Annual Program Administration*$20,000 Maricopa County Dust Control Block Permit $3,400 $2,000 Golden Eagle &Fountain Park Reclaimed Water Discharge Permits $2,400 $600 ADEQ Storm Water Permit $20,000 $5,000 STORM (Storm Water Outreach for Municipalities)Annual Dues $4,000 $1,000 Water Use It Wisely Annual Dues $8,000 $2,000 Illegal Dumping Cleanup $5,000 ADWR Dam Inspection &Maintenance $49,061 $20,400 Wash Maintenance $403,592 $150,000 Household Hazardous Waste Collection Event $50,000 On-Call Storm Debris Cleanup $30,000 Drainage Parcel Inspection and Cleaning $50,000 Storm Drain &Culvert Inspection &Cleaning $50,000 Street Sweeping $703,705 $92,000 $1,194,158 $286,000 $192,000 *lnitialutility billing software and training isapproximately $80,000. Lines highlighted in yellow indicate allocations in FY15 budget Total for FY15 from General Fund &HURF =$478,000 ATTACHMENT C Page 6 of7 Stormwater Management/Drainage Projects D6028 Oxford Wash at FHB (Ellman)$696,000 D6031 Balboa Wash Crossing at FHB $268,000 D6032 Hesperus Wash Crossing at Glenbrook $490,800 D6033 Oxbow Wash Crossing at Greenhurst $558,100 D6034 Oxford Wash Crossing at Glenbrook $979,400 D6035 Arrow Wash Crossing (Detention Basin)$399,000 D6036 Colony Wash Crossing at Saguaro Blvd $481,400 D6037 Fountain Channel Crossing at Kiwanis Drive $122,400 D6038 Ironwood Wash Crossing at Ironwood Drive $180,700 D6039 Malta Wash Crossing at Saguaro Blvd and Rand Dr. $877,000 D6040 Emerald Wash Crossing at Saguaro Blvd $203,000 D6041 Kingstree Wash Crossing at Saguaro Blvd $90,600 D6042 Cypress Point Wash Crossing at Saguaro Blvd $423,500 D6043 Jacklin Wash Crossing at Jaklin Dr. $340,800 D6044 Escalante Wash Crossing at Bahia Dr. $580,000 D6045 Legend Wash Crossing at Galatea Dr.$939,500 D6046 Caliente Wash at El Pueblo (Ellman)$330,000 50%Town funding per 50%Town funding per Total = $7,960,200 ATTACHMENT D Page7 of7 STORMWATER BILLING COSTS NUMBER OF BILLS TO SEND:11,078 12,000 13,000 COST PER ENVELOPE:$ 0.13 CASE PAPER COST PER SHEET:$34.49 $ 0.01 POSTAGE PER ENVELOPE $ 0.48 COPIER CHARGE PER SHEET:$0-02 TOTAL COST PER BILL $0-63 TOTAL COST PER BILLING $7,003.89 $7,586.81 $8,219.05 If Billed Quarterly,Annual Cost Is $28,015.57 $30,347.25 $32,876.19 Additional Staffing (assumingquarterly billings) part time employee .5 FTE salary $15,090 benefits $2,591 total $17,681 Collection Agency costs unknown ?? System Costs -Munis module initial,one-time fee $75,925 (includes training) recurring,annual fee $5,625 •<:%tyler technologies Sales Quotation For Town of Fountain Hills 16705 E.Avenue of the Fountains Fountain Hills,Arizona 85268 Phone (480)816-5113 Tyler Software and Related Services Quoted By: Date: Quote Expiration: Quote Name: Quote Number: Quote Description: Sandy Gallagher 5/6/2014 11/2/2014 Town of Fountain Hills-ERP-Utility Billing 2014-8398 Utility Billing CIS Description License Impl.Days Impl.Cost Data Conversion Module Total Year One Maintenance Revenue: Utility Billing CIS $23,000.00 19 @ $1,275.00 $24,225.00 $6,500.00 $53,725.00 $4,140.00 UB Interface $8,250.00 3 @ $1,275.00 $3,825.00 $0.00 $12,075.00 $1,485.00 Other Services TOTAL:$31,250.00 22 $28,050.00 $6,500.00 $65,800.00 $5,625.00 Description Quantity Unit Price Unit Discount Extended Price Tyler Forms Library - UtilityBilling Summary Total Tyler Software Total Tyler Services Total 3rd Party Hardware,Software and Services Summary Total 2014-8398-Utility Billing CIS TOTAL: One Time Fees $31,250.00 $39,050.00 $0.00 $70,300.00 Recurring Fees $5,625.00 $0.00 $0.00 $5,625.00 CONFIDENTIAL $4,500.00 $0.00 $4,500.00 $4,500.00 1 of 5 Summary One Time Fees Recurring Fees Contract Total $75,925.00 2014-8398 -UtilityBillingCIS CONFIDENTIAL 2 of 5 DetailedBreakdownofConversions(includedinContractTotal)DescriptionUnitPriceUnitDiscountExtendedPriceUtilityBilling -Option1Services- D$3,000.00$0.00$3,000.00UtilityBilling -Standard- D$3,500.00$0.00$3,500.00TOTAL:$6,500.002014-8398- UtilityBilling CISCONFIDENTIAL3of5 Optional Tyler Software &Related Services Description Other: Utility Billing-Option 2 Assessments - D Utility Billing-Option 3 Consumption History - D Utility Billing - Option 4 Balance Forward AR - D Utility Billing - Option 5 Service Orders - D Utility Billing-Option 6 Backflow - D TOTAL: License Impl.Days $0.00 0@ $1,275.00 $0.00 0@ $1,275.00 $0.00 0@ $1,275.00 $0.00 0@ $1,275.00 $0.00 0@ $1,275.00 $0.00 0 Optional Conversion Details (Prices Reflected Above) Description Utility Billing-Option 2 Assessments - D Utility Billing-Option 3 Consumption History - D Utility Billing - Option 4 Balance Forward AR - D Utility Billing-Option 5 Service Orders - D Utility Billing-Option 6 Backflow - D Impl.Cost Data Conversion Module Total Year One Maintenance $0.00 $1,800.00 $1,800.00 $0.00 $3,000.00 $3,000.00 $0.00 $4,000.00 $4,000.00 $0.00 $2,000.00 $2,000.00 $0.00 $0.00 $2,000.00 $12,800.00 $2,000.00 $12,800.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL: Unit Price Unit Discount Extended Price $1,800.00 $0.00 $1,800.00 $3,000.00 $0.00 $3,000.00 $4,000.00 $0.00 $4,000.00 $2,000.00 $0.00 $2,000.00 $2,000.00 $0.00 $2,000.00 $12,800.00 Unless otherwise indicated in the contract or Amendment thereto,pricing for optional items will be held for six (6) months from the Quote date or the Effective Date ofthe Contract,whichever is later. Customer Approval:Date: Print Name:P.O.#: All primary values quoted in US Dollars 2014-8398-Utility Billing CIS CONFIDENTIAL 4 of 5 Comments Conversion prices are based on a single occurrence of the database. If additional databases need to be converted, these will need to be quoted. Tyler'squotecontainsestimates oftheamount of services needed,based onourpreliminary understanding ofthe size andscope ofyourproject. Theactual amount ofservices depends on such factors as your level of involvement in the project and the speed of knowledge transfer. Unless otherwise noted, prices submitted in the quote do not include travel expenses incurred in accordance with Tyler's then-current Business Travel Policy. Tyler'sprices donot include applicable local, city or federal sales, use excise,personal property or other similar taxes or duties, which you are responsible for determining and remitting. In the event Client cancels services less than two (2) weeks in advance,Client is liable to Tyler for (i) all non-refundable expenses incurred by Tyler on Client's behalf; and (ii)daily fees associated with the cancelled services if Tyler is unable to re-assign its personnel. Pricing for optional items will be held for six (6) months from the quote date. Tylerprovidesonsitetrainingfora maximumof 12people per class. In the eventthat morethan 12 userswish to participate in a trainingclass or more than one occurrence of a class is needed, Tyler will either provide additional days at then-current rates for training or Tyler will utilize a Train-the-Trainer approach whereby the client designated attendees of the initial training can thereafter train the remaining users. Utilitybilling library includes: 1Utilitybill, 1assessment, 1UB receipt, 1Lien letter, 1UB delinquent notice, 1door hanger and 1final utility bill. Tyler's cost is based on all of the proposed products and services being obtained from Tyler. Should significant portions of the products or services be deleted, Tyler reserves the right to adjust prices accordingly. 2014-8398 -Utility BillingCIS CONFIDENTIAL 5 of 5