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Home My WebLink About150219PREVISED: 2/19/15 z:\council packets\2015\r150219\150219ra.docx Last Printed: 2/18/2015 9:41 AM Page 1 of 4 NOTICE OF THE EXECUTIVE AND REGULAR SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 5:30 P.M. – EXECUTIVE SESSION (Executive Session will be held in the Fountain Conference Room - 2nd floor) 6:30 P.M. – REGULAR SESSION WHEN: THURSDAY, FEBRUARY 19, 2015 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 Henry Leger Councilmember Nick DePorter Councilmember Alan Magazine Councilmember Cassie Hansen Vice Mayor Cecil A. Yates REVISED: 2/19/15 z:\council packets\2015\r150219\150219ra.docx Last Printed: 2/18/2015 9:41 AM Page 2 of 4 EXECUTIVE SESSION AGENDA  CALL TO ORDER – Mayor Linda M. Kavanagh 1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to A.R.S. §38-431.03(A)(4), discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body’s position regarding contracts that are the subject of negotiations, in pending or contemplated litigation or in settlement discussion conducted in order to avoid or resolve litigation (Specifically, for the purpose of discussing the Rural Metro and Republic Services contracts). 2. ADJOURNMENT. REGULAR SESSION AGENDA  CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh  INVOCATION – Pastor David Felton for the Fountains, A United Methodist Church  ROLL CALL – Mayor Linda M. Kavanagh  MAYOR’S REPORT i) The Mayor will read a Proclamation recognizing the Noon Kiwanis Club of Fountain Hills 40th anniversary and the Sunset Kiwanis Club’s 39th anniversary. ii) The Mayor’s “State of the Town Address”.  SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) The Mayor may review RECENT EVENTS attended relating to ECONOMIC DEVELOPMENT. ii) RECOGNITION of the Noon Kiwanis Club’s United Blood Services’ Hero Award. 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. REVISED: 2/19/15 z:\council packets\2015\r150219\150219ra.docx Last Printed: 2/18/2015 9:41 AM Page 3 of 4 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 th e 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 January 29, 2015. 2. CONSIDERATION of the “Adero Canyon Parcel 8 FINAL PLAT”, a 44-unit townhouse subdivision. Case #S2014-09 3. CONSIDERATION for approval of RESOLUTION 2015-01, abandoning whatever right, title, or interest the Town has in portions of the certain public utility and drainage easements located at the northeasterly property line of Plat 206, Block 1, Lot 31 (16424 E. Desert Sage Drive) as recorded in Book 147 of Maps, Page 2, Records of Maricopa County, Arizona. EA15-01 (Harman). 4. CONSIDERATION of approving a FAIR/FESTIVAL LIQUOR LICENSE APPLICATION for Su Vino Winery (Cory Whalin) to be located along Avenue of the Fountains, in conjunction with the Fountain Hills Fine Art and Wine Affaire, from 10:00 AM to 6:00 PM daily, from Friday, March 13, through Sunday, March 15, 2015. 5. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the American Legion Post 58 (Robert Putnam) for the promotion of a fund raiser to be held at the American Legion Post, located at 16837 Parkview Drive, Fountain Hills, AZ, from 10:00 AM to 10:00 PM on Tuesday, March 17, 2015. 6. CONSIDERATION of accepting the Invitation For Bid #DS2015-127 with Alliance Streetworks, Inc., in the amount of $147,520.76, for the construction of the Alley Paving Phase III project. REGULAR AGENDA ITEMS 7. CONSIDERATION of approving a request by the Public Art Committee to accept a donated sculpture titled, "MY BUDDY" for placement in Fountain Park. 8. CONSIDERATION of accepting the Invitation For Bids #CS2015-101 with Nickel Contracting, in the amount of $697,280.00, for the Fountain Park Phase 6 Improvements. 9. CONSIDERATION of RESOLUTION 2015-05, relating to the sunset of the Public Safety Advisory Commission. 10. CONSIDERATION of RESOLUTION 2015-06, terminating DEVELOPMENT AGREEMENTS between the Town of Fountain Hills and Park Place Properties, LLC, relating to land in the Town Center. REVISED: 2/19/15 z:\council packets\2015\r150219\150219ra.docx Last Printed: 2/18/2015 9:41 AM Page 4 of 4 11. 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. 12. 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. 13. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. 14. ADJOURNMENT. DATED this 12th day of February, 2015. 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: 2/19/15 z:\council packets\2015\r150219\150219ra.docx Last Printed: 2/18/2015 9:41 AM Page 1 of 4 NOTICE OF THE EXECUTIVE AND REGULAR SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 5:30 P.M. – EXECUTIVE SESSION (Executive Session will be held in the Fountain Conference Room - 2nd floor) 6:30 P.M. – REGULAR SESSION WHEN: THURSDAY, FEBRUARY 19, 2015 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 Henry Leger Councilmember Nick DePorter Councilmember Alan Magazine Councilmember Cassie Hansen Vice Mayor Cecil A. Yates REVISED: 2/19/15 z:\council packets\2015\r150219\150219ra.docx Last Printed: 2/18/2015 9:41 AM Page 2 of 4 EXECUTIVE SESSION AGENDA  CALL TO ORDER – Mayor Linda M. Kavanagh 1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to A.R.S. §38-431.03(A)(4), discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body’s position regarding contracts that are the subject of negotiations, in pending or contemplated litigation or in settlement discussion conducted in order to avoid or resolve litigation (Specifically, for the purpose of discussing the Rural Metro and Republic Services contracts). 2. ADJOURNMENT. REGULAR SESSION AGENDA  CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh  INVOCATION – Pastor David Felton for the Fountains, A United Methodist Church  ROLL CALL – Mayor Linda M. Kavanagh  MAYOR’S REPORT i) The Mayor will read a Proclamation recognizing the Noon Kiwanis Club of Fountain Hills 40th anniversary and the Sunset Kiwanis Club’s 39th anniversary. ii) The Mayor’s “State of the Town Address”.  SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) The Mayor may review RECENT EVENTS attended relating to ECONOMIC DEVELOPMENT. ii) RECOGNITION of the Noon Kiwanis Club’s United Blood Services’ Hero Award. 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. REVISED: 2/19/15 z:\council packets\2015\r150219\150219ra.docx Last Printed: 2/18/2015 9:41 AM Page 3 of 4 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 th e 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 January 29, 2015. 2. CONSIDERATION of the “Adero Canyon Parcel 8 FINAL PLAT”, a 44-unit townhouse subdivision. Case #S2014-09 3. CONSIDERATION for approval of RESOLUTION 2015-01, abandoning whatever right, title, or interest the Town has in portions of the certain public utility and drainage easements located at the northeasterly property line of Plat 206, Block 1, Lot 31 (16424 E. Desert Sage Drive) as recorded in Book 147 of Maps, Page 2, Records of Maricopa County, Arizona. EA15-01 (Harman). 4. CONSIDERATION of approving a FAIR/FESTIVAL LIQUOR LICENSE APPLICATION for Su Vino Winery (Cory Whalin) to be located along Avenue of the Fountains, in conjunction with the Fountain Hills Fine Art and Wine Affaire, from 10:00 AM to 6:00 PM daily, from Friday, March 13, through Sunday, March 15, 2015. 5. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the American Legion Post 58 (Robert Putnam) for the promotion of a fund raiser to be held at the American Legion Post, located at 16837 Parkview Drive, Fountain Hills, AZ, from 10:00 AM to 10:00 PM on Tuesday, March 17, 2015. 6. CONSIDERATION of accepting the Invitation For Bid #DS2015-127 with Alliance Streetworks, Inc., in the amount of $147,520.76, for the construction of the Alley Paving Phase III project. REGULAR AGENDA ITEMS 7. CONSIDERATION of approving a request by the Public Art Committee to accept a donated sculpture titled, "MY BUDDY" for placement in Fountain Park. 8. CONSIDERATION of accepting the Invitation For Bids #CS2015-101 with Nickel Contracting, in the amount of $697,280.00, for the Fountain Park Phase 6 Improvements. 9. CONSIDERATION of RESOLUTION 2015-05, relating to the sunset of the Public Safety Advisory Commission. 10. CONSIDERATION of RESOLUTION 2015-06, terminating DEVELOPMENT AGREEMENTS between the Town of Fountain Hills and Park Place Properties, LLC, relating to land in the Town Center. REVISED: 2/19/15 z:\council packets\2015\r150219\150219ra.docx Last Printed: 2/18/2015 9:41 AM Page 4 of 4 11. 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. 12. 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. 13. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. 14. ADJOURNMENT. DATED this 12th day of February, 2015. 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. rcPww oj TOMWTAIM MILLS WHEREAS, Kiwanis International is one of the largest service organizations in the world with more than 600,000 members of alt ages and abilities in more than 80 nations; and WHEREAS, members of the Noon and Sunset Kiwanis Clubs of Fountain Hills are devoted to improving the world, one child and one community at a time, by seeking primacy to the human and spiritual rather than the material values of life; and WHEREAS, in addition to improving lives, Kiwanis club members promote the development of community leaders, positive role models, intercultural understanding and cooperation, and opportunities for fellowship, personal growth, professional development and community service; and WHEREAS,the first Kiwanis club started its service in Detroit, Michigan, in 1915; and Whereas, Kiwanis International celebrates its Centennial Anniversary of the founding of the Detroit Kiwanis Club No. 1; and WHEREAS, the Noon Kiwanis Club of Fountain Hills celebrates its 40th anniversary, having been chartered in January of 1975, and the Sunset Kiwanis Club celebrates its 39th anniversary, having been chartered in September of 1976; and WHEREAS, the service provided by the Noon and Sunset Kiwanis Clubs of Fountain Hills will continue to have a positive impact on our community and citizens. NOW, THEREFORE, I, Mayor Linda Kavanagh, do hereby proclaim this 19th of February, 2015, as Kvwanis InternationaC'Day, and hereby call upon all residents of the Town of Fountain Hills to render support to the members of these organizations and to make themselves aware of Kiwanis International, whose members this day are providing meaningful service to our homes, schools and community. IN WITNESS THEREOF, I have hereunto set my hand and caused a seal of The Town of Fountain Hills to be affixed, on this, the 19th day of February, 2015. /Bevelyn J. Bender^ow^Oerk •Presented by •Mayor Linda M. Kavanagh •February 19, 2015 The General Fund is the Town’s main operating fund and is used to fund general government operations including police and fire, parks, Community Center; other funds are restricted for specific purposes. Operating 34% HURF 5%Dev Fees 1%Special Revenue 1% Excise Tax 2%Debt Svc MPC 4% Debt Svc GO 4% Capital Projects 49% Revenues by Fund Six Months Ending December 31, 2014 Total $19.7M (includes $7.6M bond Fountain Hills local sales tax and state shared revenues account for approximately 88% of Operating Funds. General Fund revenues are at 96.4% of budget. Local Sales Tax 52%State Income Tax 21% State Sales Tax 15% Other 9% TOWN OF FOUNTAIN HILLS SIX MONTHS ENDING 12/31/2014 OPERATING FUND REVENUE Local Sls Tax $3.5M State Inc Tax $1.4M State Sls Tax $1.0M Other $0.8M TOTAL $6.5M $3,612,052 = 92.8% of budget Local sales tax represents 52% of Operating Fund revenue. Increased 3.3% over prior year. $0 $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 $3,500,000 $4,000,000 FY10/11 FY11/12 FY12/13 FY13/14 FY14/15 Budget 5 Yr Average TOTAL SALES TAX COLLECTIONS BY YEAR 1Q FY10 THROUGH 2Q FY15* *excludes construction activity $1.7M = Increase of 5.1% over prior year $0.5 $1.0 $1.5 $2.0 FY10-11 FY11-12 FY12 -13 FY13 -14 FY14-15 Budget 5 Yr Average Retail Activity July through December FY11 thru FY15 millions $358,310 = Increase of 8.8% over prior year $0 $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 $350,000 $400,000 FY10-11 FY11-12 FY12-13 FY13-14 FY14-15 Budget 5 Yr Average Restaurant/Bar Activity July through December FY11 thru FY15 $774,749 = Decrease of 0.1% from prior year $250,000 $500,000 $750,000 $1,000,000 FY10-11 FY11 -12 FY12-13 FY13-14 FY14 -15 Budget 5 Yr Average Trans/Telecommunications Activity July through December FY011 thru FY15 50% of this revenue funds capital projects $489,195 = Increase of 32.2% over prior year $0 $200,000 $400,000 $600,000 FY10-11 FY11 -12 FY12 -13 FY13 -14 FY14-15 Budget 5 Yr Average Construction Sales Tax Activity July through December FY11 thru FY15 Compared to last fiscal year, Operating Fund expenditures increased by 11.6% over the same period. MAYOR & COUNCIL 1% ADMINISTRATION 20% MUNICIPAL COURT 2% DEVELOPMENT SERVICES 13% COMMUNITY SERVICES 17% FIRE & EMERGENCY MED 24% LAW ENFORCEMENT 23% Operating Fund Expenditures by Department Six Months Ending December 31, 2014 Total $7.3M HURF revenues are derived from gasoline taxes and distributed based on population. VLT revenues are now included in HURF for pavement maintenance. $1,059,687 = Increase of 8.4% over prior year (including Vehicle License Tax) $516,272 $565,253 $585,386 $645,969 $597,047 $389,757 $410,986 $433,500 $39,579 FY11-12 FY12-13 FY13 -14 FY14 -15 FY14 -15 Budget $.0 $.2 $.4 $.6 $.8 $1.0 $1.2 TOWN OF FOUNTAIN HILLS PERIOD ENDING 12/31/2014 HIGHWAY USER REVENUE FUND REVENUES HIGHWAY USERS TAX VEHICLE LICENSE TAX IN-LIEU FEES TOTAL $1.1M IN FY14 -15 $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 $900,000 $1,000,000 Dev Fees Special Revenue Excise Tax Debt Svc MPC Debt Svc GO Capital Projects 90,946 129,420 357,589 815,524 876,708 9,628,495 268 103,855 1,318,544 62,100 92,342 $400,607 TOWN OF FOUNTAIN HILLS SIX MONTHS ENDING 12/31/2014 OTHER FUNDS REVENUES & EXPENDITURES Revenues Expenditures Operating Fund revenues and expenditures are facing challenges in the current year Reserve fund balances remain acceptable for all funds Operating Fund revenues are 3.6% under budget but higher (6.3%) than last fiscal year Operating Fund expenditures are 5.7% over budget and 11.6% higher than last fiscal year Pavement management remains a priority and is funded through HURF and Vehicle License Tax revenues Local economic indicators remain stable Branding - FountainHillsED.org - Marketing Logo - Social Media Recreation Tourism Parks Preserve Senior Services Community Center Public Art Commissions Community Services Advisory McDowell Mountain Preservation The volunteer committee and Town presented the first 4th of July event in Fountain Hills in more than a decade. Continued to host special events in Fountain Hills by collaborating with: Sami Fine Jewelry for Love in the Hills and Halloween in the Hills Pakistan Information and Cultural Organization for the Basant Mela (Kite Festival) Concerts in the Park Movies in the Park Eggstravaganza Ballet Under the Stars 25th Anniversary of Fountain Hills Oktoberfest St. Patrick’s Day Celebration 24th Annual Turkey Trot 5K and Fitness Walk; the largest ever with 1731 participants: 1,238 runners and 493 walkers Fountain Hills Community Services Department was awarded the Outstanding Cultural Awareness Program from Arizona Parks and Recreation Association for the Chinese Lantern and Folk Festival Addition of a new full-time Tourism Coordinator New marketing and advertising campaigns Branding “Experience Fountain Hills” campaign Redesigned the Dining and the Visitors’ Guides Ad placement in: Phoenix Magazine, Giants Spring Training field, and Trip Advisor Redesigned publications such as the Dining Guide Promotion of over 40 special events every year Completely redesigned website Installed sod in front of amphitheater Coordinated with volunteers to add plants to the Wildflower Garden Added additional impact surface material to Four Peaks and Fountain Park playgrounds Coordinated with Greening of Downtown Committee for the installation of 14 additional trees in Fountain Park Upgraded Disc Golf Course baskets and tee signs Make A Difference Day Event projects at Golden Eagle and Fountain Parks Installed Exerplay water feature and Super Scoop at Golden Eagle Park playground for 5 to 12 year olds Resurfaced Four Peaks tennis courts Crack repair and color coating Golden Eagle Park tennis courts Falcon Trail completed and trail head signage installed The Andrews-Kinsey Trail connects Fountain Hills and Scottsdale trails. ROY KINSEY – Long-time member and previous Chair of the McDowell Mountain Preservation Commission and Fountain Hills Sonoran Conservancy. 1,199 members in 2014 33 programs offered per month, plus educational presentations and special events American Sign Language, Diabetes Management, and Poetry Club were added Home Delivered Meals provided 4,799 meals in FY2013-14 Blood Drives FHHS Concerts Wisconsin Fest Weddings and Receptions HOA Meetings Munch & Music Watch and Clock Collectors Gem and Mineral Show The mission of the Community Center is to : 1.Provide a gathering place for civic, non-profit, and community events 2. Develop a conference and convention trade 3. Promote the arts Monthly art display by local and regional groups (i.e., Fountain Hills Photo Club, Fountain Hills Cultural & Civic Association Juried Art Show ) Two new public art pieces added in lobby: Gahn Dancer II Mother Earth and Father Sky Donated art pieces in 2014 include: Fred and Ginger and Man in the Moon located in Fountain Park Tin Man and hugs n’ kitten located in Centennial Circle Gahn Dancer ll and Mother Earth and Father Sky located in the Community Center Notice To Proceed for construction was issued on September 15, 2014 and the construction contract is for a 9-month duration The project will include traffic signal and intersection improvements at Saguaro Blvd., drainage improvements, add a third lane west of Saguaro Blvd. and mill & overlay existing asphalt Notice To Proceed for construction was issued on February 2, 2015 and the construction contract is for a 9-month duration For more project information and to sign up for project updates via email go to www.saguaroboulevard.com Avenue of the Fountains Median Improvements Project has been completed and is now in the warranty phase. In 2014, the Town of Fountain Hills diverted approxi- mately 24% of all refuse collected as part of the curbside trash and recycling program This is about 2,350 tons of various recyclable materials. As part of the curbside recycling program, Republic Services has introduced the annual My Republic Rewards Community Grant Program. Republic Services has donated $10,000 to the program, which is designed to help not-for- profit organizations fund community projects. The first recipient of the grant was the Downtown Greening Committee in 2014. For more information go to www.fh.az.gov/my-republic- rewards.aspx Responded on over 3,000 Calls For Service $81,000 in Property Fire Loss Over $2.8M worth of property saved from fire damage Coordinated 420 business and construction inspections Reviewed 272 new construction plans z Seven active Fire Explorers in 2014 Hundreds of snakes relocated 146 Fountain Hills CARE responses 92 child car seats installed Continued presence in the High School and Middle School Drug and alcohol incidents have decreased at both schools Text-A-Tip continues to grow in use Midnight Madness participation has continued to increase and the partnership with the Town remains strong Deputy Jill Ochsner, School Resource Officer, explains "Text-A-Tip" at Fountain Hills Middle School  •6-minute MCSO response time •60 park trash cans with directions •70 school placards/multiple buses •Over 175 businesses advertised program EXTREME GAME NIGHT Midnight Madness Events are held monthly in the Town of Fountain Hills for the middle school students. Events are usually on Friday nights to give the students a safe and healthy place to go to for entertainment. Let's have a cup of coffee together with a Cop 18 cases in 2014 5 formal Teen Court hearings 13 Teen Court cases decided by Teen Jury Panel Judge Melton appointed April 2014 Operations continuing successfully with new Presiding Judge Court exceeds all Supreme Court mandates for case processing times Presiding Judge Robert Melton Board of Adjustment Community Services Advisory Commission McDowell Mountain Preservation Commission Municipal Property Corporation Planning and Zoning Commission Public Safety Commission Strategic Planning Advisory Commission The Fountain Hills Volunteer Program seeks to: Provide opportunities for residents to actively participate in and make meaningful contributions to the operations of the Town Provide volunteers with a positive, pleasant service experience Build public awareness of the operations of Town government Develop closer ties to the community Increase and support staff services Boards, Commissions, Committees Make a Difference Day Give a Lift Program Front Desk Receptionists Volunteer EXPO Mayor’s Youth Council Annual Volunteer Reception Starbucks Second Harvest Program Family Holiday Celebration Trees, Trains, Wreaths Event Clerical Support Activity Center Assistance Special Events Art Docent Program SOS Program Host/Hostess IT Assistance Accounting Support Munch & Music Volunteer Program Assistance Teen Court Home Delivered Meals Youth Coaches Park Trail Stewards Drug Coalition Provided 60 rides within a 6- week span for a resident undergoing radiation treatment. Filling a gap in transportation needs A volunteer created a brochure on the program that was distributed in the medical community. Volunteer Transportation Program that averages 25 – 40 rides monthly, with 28 drivers and 191 riders in the group. 6th year of program 47 service projects for residents who are homebound, elderly, without resources, or without relatives Partnership with local businesses/volunteer organizations 315 volunteers participated COMMUNITY DAY OF SERVICE Sponsorships Tool donations Volunteers with electrical, plumbing, and carpentry skills “No one is more cherished in this world than someone who lightens the burden of another.” – Marie Ray A dynamic group of high school students dedicated to serving Fountain Hills through volunteerism and civic participation. 18 members in 2014- 15 school year Visits to State Senate and Capitol hosted by State Senator Kavanagh Overnight Retreat on leadership skills Work projects for Make a Difference Day, Turkey Trot and Holiday Celebration Kept Westby Street clean via Adopt-a- Street Program Monthly meetings with each Department in order to understand how local government works We are always looking for residents who wish to share their time, talent and passions in order to make Fountain Hills a better place to live! Please complete a Volunteer Application- found on the town website, www.fh.az.gov Applications are also available in the kiosks in Town Hall, the Library and Community Center Call or drop by Town Hall and speak to Volunteer Coordinator, Heather Ware, 480-816-5108 ALL ARE INVITED TO APPLY! TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:2/19/2015 Meeting Type:RegularSession 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 January 29, 2015. 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: Q^NMSU^v- Bevelyn Bender,Town Clerk 2/10/2015 Ken Buchanan,Town Manager 2/11/2015 Page 1 of 1 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:2/19/2015 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Development Services Staff Contact Information:Robert Rodgers,Senior Planner (480)816-5138 rrodgers@fh.az.gov Strategic Values:Not Applicable (NA)Council Goal:Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of the "Adero Canyon Parcel 8 FINAL PLAT", a 44-unit townhouse subdivision. Case#S2014-09 Applicant:Francisco Lopez,MCO Properties Owner:Adero Canyon LLC /Jeremy Hall 13620 N.SaguaroBlvd Fountain Hills,AZ 85268 Applicant Contact Information: Beus Gilbert PLLC 701 N. 44th Street Phoenix,AZ 85008 (480)429-3000 Property Location: Formerly the Eagle Ridge North subdivision (MCR #58026)located at the current end of Eagle Ridge Drive. Related Ordinance,Policy or Guiding Principle: Subdivision Ordinance Article 2 -Platting Procedures Subdivision Ordinance Article 3 -Subdivision Design Principles &Standards Subdivision Ordinance Article 4 -Public Improvement Requirements Subdivision Ordinance Article 5 -Grading Standards Subdivision Ordinance Article 6 -Landscaping Standards Staff Summary (background): SURROUNDING LAND USES AND ZONING: NORTH:Town of Fountain Hills McDowell Mountain Preserve (OSP) SOUTH: City of Scottsdale (Single-Family Residential)(R1-7, R1-18 &R1-43) EAST:Copperwynd Resort (R5 PUD) &Sunridge Canyon Open Space (OSR) WEST: City of Scottsdale Mountain Preserve (R1-43) Adero Canyon Parcel 8 TownCouncil Staff Report ADERO CANYON PARCEL 8 FINAL PLAT:(Case #2014-09) Town Council approved the Preliminary Plat for "Adero Canyon - PAD Parcel 8" at the May 1,2014 regular Council meeting.Parcel 8 will be developed as townhomes on 7,473 -11,389 sf lots.This parcel will contain a total of 44 townhomes with approximately 13 acres of open space tracts on approximately 24.5 total acres. Risk Analysis (options or alternatives with implications): Final Plat Approval is administrative in nature and will allow the applicants to subdivide and develop the property. Denial of the Final Plats will require that the applicants re-design aspects of the proposal in order to address the reasons for denial. Fiscal Impact (initial and ongoing costs;budget status):NA Budget Reference (page number):NA Funding Source:NA If Multiple Funds utilized,listhere: NA Budgeted;if No,attach Budget Adjustment Form: NA Recommendation(s)by Board(s)or Commission(s):NA Staff Recommendation(s): Staff recommends approvalofthe Parcel 8 Final Plat as presented and subject to compliance with all Fountain Hills ordinance standards as modified in the Adero Canyon Settlement Agreement and the Adero Canyon PAD;and subject to items 1-8 ofthe 2-9-2015 Town Engineer's memo. SUGGESTED MOTIONS: Move to approveofthe Parcel8 Final Plat as presented; subjectto items1-8 ofthe 2/9/2015 Town Engineer's Memo and compliance with all Fountain Hills ordinance standards as modified inthe Adero Canyon Settlement Agreementand the Adero Canyon PAD.Case #2014-09 Attachment(s): 1.Application 2.Parcel 8 Final Plat (4 pgs) 3.2/9/2015 Town Engineer's Review Memo Submitted by:Approved by: (Robert (Rodgers Name/Title Date Town Manaaer Date Approved by: z//#//s~ Development Services Director Date Page 2 of2 DO Not write in this space -official use only Filing Date IHiaJiOi4 Accepted By «-J SLauyL^t,/£*/fjJu*JL^ Fee Accepted jt*4iso.o0 <U~> Case Manager ^.U&*ul*Jl . The Town of Fountain Hills ENGINEERING DEPARTMENT PLAN REVIEW -APPLICATION Engineering Plan Review fee Cut and Fill Waiver Landscaping fper plan sefl Water &Sewer Plans Water &Sewer Plans (Only) Addendums (changes made after approval! Time Extension Fee $350.00 per sheet $300,00 $420.00 plus $2,500.00 refundabledeposit $175.00 per sheet $200.00 per sheet (4th +Reviews1) $75.00 per sheet $100.00 Other (contact staff)fyu^odU &44 U*$t St>+lDuuir5>+l£bc>- DrainageReport;Traffic Report; SoilsReport;and/or other reports (included with plan review) Includes 1-3 reviews -(unless noted)q#*k^£,VJUJC ~I ^yJ^A.** PROJECT NAME /NATURE OF PROJECT: LEGAL DESCRIPTION:Plat Name C\<Ajlxo L*s**$tt^ PROPERTYADDRESS:U PARCEL SIZE (Acres) Block Lot NUMBER OF UNITS PROPOSED EXISTING ZONING 44 ASSESSOR PARCEL NUMBER 3/7-/9-06>- TRACTS <? SiPROPOSEDZONING Applicant Mrs.r-f/u>*a+-^-*>*&>p*j( ^Mr.\J Ms.Address: Email: City: Owner Mrs Mr. .ftJlAAA &Wyy,<&fC~^MiW Ms.Address:City: Day Phone State:Zip: Day Phone State:Zip: Ifapplication is being submitted bysomeone other than the owner ofthe property under consideration,the section below mustbe completed. SIGNATURE OF OWNER •HEREBY AUTHORIZE Please Print Subscribed and sworn before me this day of. My Commission Expires, Notary Public DATE JO RLE THIS APPLICATION. ,20 . MUNIS 32>&» APPLICATION # FINALPLATforADEROCANYON-PARCEL8FOUNTAINHILLS,ARIZONAPORTIONSOFSECTIONS8AND17.TOWNSHIP3NORTH.RANGE6EASTOFTHEGILAANDSALTRIVERBASEANDMERIDIAN.MARICOPACOUNTY.ARIZONADEDICATION:KNOW ALL MENBrTHESEPRESENTS:THAT ADEROCANYON.LLCA DELAWARE LIMITEDUABUTYCOMPANY.ASOWNER,HAS SUBDIVIDED UNDERTHE NAME OF ADERO CANYON-PARCEL0. AREPLATOFPARCELBOF ADEROCAMYONACCORDINCTOBOOKOTMAPS.PACE, RECORDS OF MARICOPA COUNTY,ARIZONA.SITUATED IN A PORTIONOFSECTIONSB AND 17.I0WNSKPJ NORTH.RANCE6EASTOTTHECH.AAMOSALT RIVERBASEANDMER&AN.MARICOPACOUNTY.ARIZONA.AS SHOWN PLATTED HEREON. ANDHERESYPUBLISHESTHIS PLATASANOF0«THE PLAT OFSAIOADEROCANYON-PARCELBANOHEREBYDECLARESTHAT SAID PLATSETSFORTH THE LOCATION AND GIVES THEDIMENSIONSOF THELOTS.STREETS.TRACTSAMDEASEMENTSCONSTITUTINGSAUC.AND THAT EACH LOT.STREETANDTRACTSHALL BE KNOWX BY THE NUMBER. NAMEORLETTEROVENEACHRESPECTIVELYON SAIDPLAT.APRIVATEACCESSEASEMENTFORROADWAYPURPOSESOVER THE PRIVATESTREETSDEDICATED ON THISPLAT AS TRACT MB". FOR THE EXCLUSIVE USE OF PROPERTY OWNERS WITHIN ADERO CANYON ANO THEIRGUESTS.INVITEES. AND NOOTHERS.MAINTAINED8YTHEAOCROCANYONCOMMUNITYASSOCIATION.INC.A PUBLICUTILITYEASEMENT(P.U.E.)ISHEREBYDEDICATEDON THIS PLAT FOR THE PURPOSES OFINSTALLATION. OPERATION. MAINTENANCE. REPAIR.REMOVAL,RELOCATIONANO ACCESS ASNECCSSAIPROVIDE PUBLICUTILISES.A SIGHTUSSUTYEASEMENT(S.V.E.)ISHEREBYDEDICATEDONTHISPLAT TO THECOMMUNITYASSOCIATIONANO TO THE TOWN OFFOUNTAINHUS.AWATERASEWERLINEEASEMENT(W.S.E.) ISHEREBYDEDICATEDON THISPLATFORTHEPURPOSESOFINSTALLATION. OPERATION. MAINTENANCE.REPAIR.REMOVAL.RELOCATION AND ACCESS ASNECESSARYTOPROVIDEWATER ANDSEWERUTILITIES.A SEWERLINEEASEMENT(S.E.) IS HEREBYDEDICATESON THISPLAT FORTHE PURPOSESOFINSTALLATION.OPERATION. MAINTENANCE. REPAIR.REMOVAL.RELOCATION AND ACCESS AS NECESSARY TOPROUDEWATERUTILITIES.ASIDEWALKEASEMENT(S.WE.)ISHEREBYDEDICATEDONTWSPLAT.APARKINGANOSOEWALKEASEMENT(P*S.WE>ISHEREBYDEDICATEDON THISPLAT.ANHCRESS/EGRESSEASEMENT(l/E)ISHEREBYDEDICATEDON THIS PLAT.MWITNESSWHEREOF:HATADEROCANYON.HEIR NAME TO BESKADEROCANYON.LLC A DELAWARE LIMITEDUABUTYCOMPANYBY:ADERO CANYON. LLC. ADELAWAREUMITEDUABUTYCOMPANY.THEGENERALPARTNERACKNOWLEDGEMENT:STATEOfARIZONA)isscountyofmaricopa)THATHE/SHEEXECUTEDTHEFOREGOINGINSTRUMENTFOR THE PURPOSESCONTAHEDTHEREIN.INWITNESS WHEREOFIHEREUNTO SET MY HAND AND OFFICIALSEALUVCOUIASgCNEXPIRESNOTESBASISOFBEARINGTHEBASSOFBEARMGFOR THIS DEVELOPMENTRUNS FROM THE WEST1/4CORNERSAIDLIMEBEARS:N0OO7'S0'«ASSUREDWATERSUPPLYSHEETINDEXSHEETS3-4PLANSHEETSIDELAWARE LIMITEDIVRE8ARWITHCAP.RLSD9SJJWILLBE SET AT ALL LOT ANO TRACTCORKERS.REFERENCETO AAPERPETUALWATEREASEMENT{EASEMENT'}ASDESCRIBEDINTHEPLAT AREGRANTEDTO EPCOR WATERARIZONAHCANO ITSSUCCESSORSANOASSIGNS(COLLECTIVELY.'GRANTEE').TO CONSTRUCT.OPERATE.ANO MAINTAINWATER LINESAND APPURTENANTFACURfS(COLLECTIVELY,TACUTIESlUPON.ACROSS.OVER ANDUNDER THESURFACEOF THEEASEMENT.TOGETHER WITH THE RIGHT TOOPERATE.REPAH.REPLACE.MAINTAIN. ANO REMOVE THEFACUTIESFROM THEPREMISES:TOADD OR TO ALTER THE FACILITIES. AND TOPROVUXGRANTEEWITHREASONABLEINGRESSANDEGRESSTO THEFACUTIES.GRANTEEWLLHAVEUNRESTRICTEDACCESSTO THEEASEMENTFOR THEACTIMTESDESCR8E0ABOVE AND FORMALNOTFICATKMORAPPROVALBYANYASSOCIATIONPPJORTOACCESSINGTHEEASEMENTMIXNOT BEREOLMEO.ORANTORSHALLNOTERECTORCONSTRUCTORPERMITTO BEERECTEDORCONSTRUCTEDANY8ULDMC.STRUCTUREORSSM3LARIMPROVEMENT WITHIN THEUNITSOF THE EASEMENT GRANTED HEREIN. GRANTOR SHALL NOT. NOR PERMIT. THE GRACEOVERGRANTEESFACUTIESTO BESUBSTANTIALLYALTERED WITHOUT, IN EACHINSTANCE. THE PRIOR WRITTEN CONSENT OFGRANTEE.ANO GRANTOR AGREES THATNO OTHERPIPESORCONDUITSSHALLBEPLACEDWITHIN THEPREMISESSUBJECTTOTHE EASEMENT CHANTED HEREIN. EXCEPT PIPESCROSSMCGRANTEESFACUTIESATRIGHTANGLES.HWHICHCASE.AMIMMUUVERTICALDISTANCEOF TWO(2)FEET(ASMEASURED FROM THE CLOSEST POINTS ON THEOUTSDEEDGES) SHALL BEMAINTAINED BETWEENGRANTEESFACUTIESAND SUCH OTHER PIPES ORCONDUITS.UNLESS GRANTEEEXPRESSLYCONSENTSINWRITING OTHERWISE. ANY AND ALL SEWERPIPESCROSSNGTHEEASEMENTGRANTEDHEREINSHALLBE LAID BELOWGRANTEESFACUTIES.HOWEVER. GRANTOR SHALL HAVE THE RIGHT TO CONSTRUCT AND ERECTFENCES.TOHSTAULANDSCAPING.PARKING FACILITIES ANDDRIVEWAYS.ANO TOESTABLISHOTHER USES THAT ARE NOTINCONSISTENTWTHUSESWITHHTHEUMTSOFSAOEASEMENTINAMANNERTHAT WILL NOTUNREASONABLYINTERFEREWITHGRANTEESACCESSTO THE FACILITIES.OWNER♦DEVELOPERADCR0CANTON.UJCI3C20NORTHSACUARODOUUVAKDfountainmis.«J«»««MM)U7-K«0[1(400)037JC77LAWOevOOMCMTTZAM,uc«»BAST3**AOLVD.sumI5CmCCNH.ARIZONA03O2AfitccoasM-nooSURVEYORSURVEYINNOVATION GROUP.INC790)CASTCVAH9ROAD9COTTSOAU.ARIZONA.AS2S0Fit.(«0)92Z-O70OCONTACT:JASONSBSNCRI.WVICINITYMAPTOWNAPPROVAL:APPROVEDBY THE TOWN COUNCIL OF FOUNTAINHILLS.ARIZONA.THIS DAY OF,20,BYDATE:TOWNCLERKAPPROVAL:TWSjnATWASAPPROVEDBYTHETOWNENGINEERANOTHECOMMUNITYDATE:DEVELOPMENTDIRECTOR.TOWNENGINEERCOMMUNITYDEVELOPMENTDIRECTORASSURANCESTATEMENT:ASSURANCEMTHE FORM OF AISSUED FROMTHEAMOUNTOF|_HAS BEEN DEPOSITED WITH THE TOWN ENGINEER TOGUARANTEECONSTRUCTIONOF THE REQUIREDSUBDIVISIONIMPROVEMENTS.SURVEYOR'SCERTIFICATIONTHISOTO CERTIFY THAT THE SUBDIVISION PLAT OF THEPREMISESDESCRSEDAND PLATTED HEREON. TOGETHER WITH THE MONUMENTSESTABLISHED ANO REFERENCED HEREON, WAS MADE UNDER MYDXECTIOHOURMGTHE MONTH OF SEPTEMBER2014.ANDSAOPLATISBERETRACED.2-S--•zjtjisREGISTEREDLANOSURVEYORIf)9MlifNlip§§1wL~*JASONASEONEM<zoN=->to<iSB3<^<<!<<i4flaarisPngecti20M-I29PVsiPAJUXLOPlAT•la:H.T.9-SHEETIOP4 Iff|fis,AderoroN§§§§ggggm«ppopppppppppppppppppppppppppppppppppppppppppI82S§sgSS|SS38gj§gas8gSs"8SslSlS388B-§gasSSssSADEROCANYON-PARCEL8FINALPLATFOUNTAINHILLS,ARIZONAmlssssssJ»J>8i»p»£[|S"5|§SgSSSsicSURVEYINNOVATIONGROUP, INCLpnrf5trM)*V*•«*>•7KiunEVANSROJUXSOmSOAlt,A2tsaserHOM(4X»«2247tOFAX«fc»122-07)1WWMf5tOSU*tWYAZ.COM S.V.E. STt SWE. P4SWE LEGEND FOUND CLO CAP. UNLESS OTHERWISE NOTFO BRASS CAP TO BE SET.RLStVU&U 1/2'REBAR TO BE SET.RLSf]3&U SueOWSION CORNER PUBLIC UTUTY EASEMENT PJOHT OF WAY BOOK AND PACE NUMBER ASSESSOR PARCEL NUMBER MCRtSS / EGRESS SIGHT VISIBILITY EASEMENT SIGHT TRIANGLE EASEMENT SOEWAIK EASEMENT PARKING AND SlOEWALK EASMENT SEWER CASEMENT WATER ANO StW£R EASEMENT TO BE DEDICATED BT TW-S PUT DOCUMENT NUMBER DETAIL 2 Vol Pi—if Si•HI I *i5§j5?* < Z o N Of %* < X Z -r is 3 owuvaa/Ts rnqact:2044-129 rteiPAJtCa 0 PLAT ate-.r-SI? 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AONrr< Iz-,9^I!««-s*3«*j»5«««aSHEET4OF4 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:2/19/2015 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 2015-01, abandoning whatever right, title, or interest the Town has in portions of the certain public utility and drainage easements located at the northeasterly property line of Plat 206, Block 1, Lot 31 (16424 E. Desert Sage Drive) as recorded in Book 147 of Maps, Page 2, Records of Maricopa County,Arizona. EA15-01 (Harman) Applicant:Dennis and Ruth Harman Applicant Contact Information: Property Location:16424 E.Desert Sage Drive,Fountain Hills, AZ 85268 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 easements located at the northeasterly property line of Plat 206,Block 1, Lot 31 (16424 E. Desert Sage Drive)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. The property owner has indicated their desire to construct a masonary fence around the back yard at the property line.The lot adjoining most of the rear of this lot has an existing masonary fence/wall located 3' - 4' onto that property.To avoid a trash and vermin "No-Mans-Land"between fences,Staff will request that any proposed rear fence obtain permission and connect to the neighbors'existing rear fence. 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 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 31 is required to pass the developed flows generated by the upstream lots across their property. 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 Page 1 of 2 Redact Funding Source:NA If Multiple Funds utilized,list here:N/A 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 2015-01. List Attachment(s):Vicinity Map;Aerial Photo Map;Resolution;Exhibit "A"Map SUGGESTED MOTION (for council use):Move to approve the abandonment of the public utility and drainage easements at Plat 2061 Block 1,Lot 31. prepared by: UqJ^'w.__ Randy Harrel,Town Engineer 2/3/2015 Director's Approval: Paul Mood,Development Services Director 2/3/2015 Approved:—. (en Buchanan,Town Manage Approved: Ken Buchanan,Town Manager 2/10/2015 jc2ol'2 SCOTTSDALE NORTH SCALE:1" =3500' TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT VICINITY MAP TOWN BOUNDARYl SALT RIVER PIMA MARICOPA INDIAN COMMUNITY DEVELOPMENTSERVICESAERIALPHOTOMAPPLAT206,BLOCK1,LOT 3116424EDESERTSAGEDRLEGENDLOTLINEROWEASEMENTFLOODPLAINSUBJECTSITE0100"200'SCALE:1" =200'AERIALFLIGHTDATE:10/13 RESOLUTION 2015-01 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 NORTHEASTERLY REAR PROPERTY LINE OF PLAT 206,BLOCK 1,LOT 31, FOUNTAIN HILLS,ARIZONA,AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY,ARIZONA,RECORDED IN BOOK 147 OF MAPS,PAGE 2. WHEREAS,the Mayor and Council of the Town of Fountain Hills (the "Town Council"),as the governing body of real property located in the Town of Fountain Hills(the "Town"), may require the dedication of public streets,sewer,water,drainage,and other utility easements or rights-of-way within any proposed subdivision;and WHEREAS,the Town Council has the authority to accept or reject offers of dedication of private property by easement,deed,subdivision,plat or other lawful means;and WHEREAS, all present utility companies have received 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 and drainage easement,located at the Northeasterly rear property lineof Plat 206, Block1 Lot31, Fountain Hills,as recorded the Officeofthe County Recorder of Maricopa County, Arizona, Book 147 of Maps,Page 2, and as more particularly described inExhibitA, attached hereto and incorporated herein by reference,are hereby declared to be abandoned by the Town. Certain lots withinthis subdivision are subject to lot-to-lot drainage runoff.The property owner is required to pass the developed flows generated by the upstream lots across their property. SECTION 2.That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the titleto said property and that the Town in no way attempts to affect the rights ofany private party to oppose the abandonment or assert any rightresulting 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, February 19,2015. FOR THE TOWN OF FOUNTAIN HILLS:ATTESTED TO: Linda M.Kavanagh, Mayor BevelynJ. Bender, TownClerk REVIEWED BY:APPROVED AS TO FORM: Ken Buchanan, Town Manager AndrewJ.McGuire,TownAttorney TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 206 BLOCK 1 LOT 31 TUSCAN HILLS CONDOMINIUMS DESERT SAGE ESTATES CONDOMINIUMS SCALE: 1" =40' DATE:2-3-15 V//«y UTILITY EASEMENT & 7//^DRAINAGE EASEMENT ///BLOCK 1 iv /// / // /// / LOT 31 5'PUBLIC UTILITY ^ EASEMENT &DRAINAGE EASEMENT TO REMAIN LOT 32 *'re.3/3AP Adero- Parcel 1- Parcel £-Final Plat Comments TOWN OF FOUNTAIN HILLS FNTER OFFICE MEMO TO:Robert Rodgers,AICP/Senior Planner CC:Paul Mood,PE/&ev.Sfervic<js PiiS/Jtev.S-itrvic^ r«a7te,i4skFR:Randy L.Harre!,fjE,I%s]€FM Town Engineer DATE:2-9-15 RE:Adero Parcel 8 Final Plat Comments The following technical modifications to the Adero Parcel 8 Final Plat should be made by the Applicant,prior to the Plat's recordation: 1.Post an acceptable Assurance of Construction. 2. Provide Improvement Plans acceptable to the Town Engineer, and pay their applicable fees. 3. Show adequate Hillside Protection Easement (HPE) areas. 4. Fill in the administrative blanks (on sheet 1) and the technical blanks (on all sheets)of the Plat. 5. Provide documentation that the proposed re-recording of the EPCOR parcel is acceptable to EPCOR. 6. Clarify the end point(s)for several side lot dimensions. 7. Verify whether an easement outside of the right-of-way is needed for the CCWC Pressure Reducing Valve stations. 8. Show the '*40'SRP Ingress/Egress Easement per separate document" as indicated on the Adero Final Plat. TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:2/19/2015 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Community Services Staff Contact Information:Rachael Goodwin,Supervisor of Recreation,480-816-5135,rgoodwin@fh.az.gov Strategic Planning Goal:Not Applicable (NA)Operational Priority:Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of approving a FAIR/FESTIVAL LIQUOR LICENSE APPLICATION for Su Vino Winery (Cory Whalin)to be located along the Avenue of the Fountains,in conjunction with the Fountain Hills Art and Wine Affaire,from 10:00 AM to 6:00 PM daily,from Friday,March 13 through Sunday,March 15,2015. Applicant:Cory Whalin Applicant Contact Information:480-994-8466,1035 E. Main Street,Suite 110,Scottsdale,AZ Property Location:Avenue of the Fountains,Fountian Hills,Arizona Related Ordinance,Policy or Guiding Principle:A.R.S.§4-203.02;4-244;4-261 and R19-1-228,R19-1- 235,and R19-1-309 Staff Summary (background):The purpose of this item is to obtain Council's approval regarding the Fair/Festival liquor license application submitted by Cory Whalin representing Su Vino Winery,for submission to the Arizona Department of Liquor.The special event liquor license application was reviewed by staff for compliance with Town ordinances and staff unanimously recommends approval of this special event 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,listhere: N/A 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):Application; SUGGESTED MOTION (for council use):Move to approve the Special Event Liquor License as presented. Page 1 of 2 Prepared by: Director's Approval: Mark Mayer.Community Services Director \/2/10/2015 Approved: Ken Bochanan,Town Manager 2/10/20153nBochanan,Town Manager Page 2 of 2 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:1/13/2015 FR:Rachael Goodwin, Recreation Supervisor 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 staff s 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:Su Vino Winery Applicant:Cory Whalin Date(s)of Event:March 13-15,2015 at Ave. of the Fountains,from Saguaro Blvdto La Montana conjunction with the 11th Annual Fountain Hills Art and Wine Affair Date Application Received:02/03/15 Town Council Agenda Date:2/19/2015 STAFF REVIEW AND RECOMMENDATION: Department/Division Staff Member Approved Denied N/A Building Safety Jason Field X Community Services Rachael Goodwin X Development Services Bob Rodgers V Fire Department Dave Ott IS Law Enforcement Mark Fisher J Licensing Sonia Kukkola &dp-* Street Department Ken Kurth ^ Attach report for denial or any recommendation requiring stipuiations. 02-03-15 All:52 IN T*l-*/' Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix AZ 85007-2934 www.azliquor.gov (602)542-5141 FAIR/FESTIVAL LICENSE APPLICATION A.R.S.§4^203.03 Farm Winery / A.R.S.§4-205.11 Craft Distillery A.R.S.§4-203.02 At Special Event A service fee of $25 will be charged forall dishonored checks (A.R.S.44-6852).When the days of the fair/festival are not consecutive,a separate license for each uninterrupted period is needed. SECTION 1 Application type: •wine Fair B Wine Festival •Craft Distillery Fair •Craft Distillery Festival 4809948466_,Daytime Phone #:1.Applicant's Name:Cory Whalin 2.Business name:Su Vin0 WinerV _,Liquor license #:13073002 Email: farm winery or craft distillery cory@suvinowineryaz.com 3.Mailing address:7035 E.Main Street,Suite 110 Scottsdale,AZ 85251 street address city state zip code 4.Location of fair/festival:16810 E.Avenue of the Fountains,Fountain Hills,AZ85268 street address city county zip code SECTION 2 Fees,Date & Hours:$15 per day Wineryfestival davs permitted:50 licenses per winery per calendar year for a total of 150 days per winery per calendar year. Craft Distillerv festival davs permitted:25 licenses per craft distillery per calendar year for a total of 75 days per craft distillery per calendar year. DATE DAY OF WEEK 3/13/2015 Friday STARTTIME AM/PM 10:00 a.m. 2 3/14/2015 3 3/15/2015 4. Saturday 10:00 a.m. Sunday 10:00 a.m. 5. 6. 7. July 25,2014 Please attach an additional sheet if necessary page l of 4 Individuals requiring ADA accommodations please call (602)542-9027 END TIME AM/PM 6:00 p.m. 6:00 p.m. 6:00 p.m. SECTION 3 Site Owner Information: i.site owner name:City of Fountain Hills Daytime Phone #:(480)816-5135 2. Site owner mailing address 3.Email Address: First Last 16705 E.Avenue of the Fountains Fountain Hills,AZ 85268 street address city state zip code rgoodwin@fh.az.gov SECTION4 to complete this application,all questions must be answered: 1.Have you received permission for use of the site for the sale/consumption of liquor from the site owner named in Section 3?H Yes D No 2.Will the liquor you sell/serve be products only manufacture/produced at your licensed premises names in Section 1?lYes Dno 4 3.List the number of Fair/Festival licenses you have been issued in the current calendar year _ 4.List the number of days you have held a licensed Fair/Festival in the current calendar year _ 5.What security and control measures will you take to prevent violations of state liquor laws at this event? _# of Police Officers on Site Fencing S Yes D No _# of Security Personnel on Site Barriers D Yes D No 6.I am familiar with and have read statues for Arizona's fair/festival privileges,requirements and penalties? (Farm Winery A.R.S.§4-203.03,Craft Distillery A.R.S.§4-205.11,either being held ata Special Event A.R.S.§4-203.02)H Yes •No 7.I have taken responsible steps to ensure individuals operating the fair/festival licensed premises and employees who serve,sell or furnish liquor at this fair/festival have knowledge of Arizona liquor laws? (R19-1 -302)S Yes •No July 25, 2014 page 2 of 4 Individuals requiring ADA accommodations please call (602)542-9027 Section 6 This sections to be completed only by the applicant named in section #1 I,(fs*4 U/tlc A^-declare that Iam the APPLICANT filing this application as listed in f (printJuJklo^meL/^ Section 8.1 hca^eieajj^reapplication and the contents and all statements are true,correct and Complete. I Title/Position State (signature) The foregoing instrument was acknowledge before me this My Commission Expires on: Date Date Phone # is Ola aoiG Me^hfc rfVA,lA„..tfo«ff..i«,.,. ALYSSASTINE NOTARY PUBLIC -ARIZONA Maricopa County My Commission Expires L December23,2018 > The local governing body (city,town or municipality where the fair/festival will take place)may require additional applications to be completed and submitted.Please check with local government as to how far in advance they require these applications to be submitted.Additional licensing fees may also be required before approval may be granted. Section 7 Local Governina Bodv Aooroval Section recommend DaPPROVAL D DISAPPROVAL (government official)(Title) on behalf of (City,Town,County)Signature Date Phone # FOR DEPARTMENT OF LIQUOR USE ONLY DAPPROVAL •DISAPPROVAL BY:DATE: July 25,2014 page 4 of 4 Individuals requiring ADA accommodations please call (602)542-9027 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:2/19/2015 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Community Services Staff Contact Information:Rachael Goodwin,Supervisor of Recreation,480-816-5135,rgoodwin@fh.az.gov Strategic Planning Goal:Not Applicable (NA)Operational Priority:Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the American Legion Post 58 (Robert Putnam)for the promotion a fund raiser to be held at the American Legion Post, located at 16837 Parkview Drive, Fountain Hills, AZ from 10:00am to 10:00 pm on Tuesday,March 17,2015. Applicant:Robert Putnam Applicant Contact Information: Property Location:E.Sunflower Drive,Fountain Hills, AZ Related Ordinance,Policy or Guiding Principle:A.R.S.§4-203.02;4-244;4-261 and R19-1-228,R19-1- 235,and R19-1-309 Staff Summary (background):The purpose of this item is to obtain Council's approval regarding the special event liquor license application submitted by Robert Putnam representing the American Legion Post 58, for submission to the Arizona Department of Liquor.The special event liquor license application was reviewed by staff for compliance with Town ordinances and staff unanimously recommends approval of this special event 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,listhere: N/A 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):Application; SUGGESTED MOTION (for council use):Move to approve the Special Event Liquor License as presented. Page 1 of 2 Redact Redact Prepared by: Rachaef GoodWin,Recreation Supervisor Director's Approval: 2/^hr 1072015 Mark MayerTCommunity Services Director \/^2/10/2015 Approved:^^^^~\ Kerf Buchanan,Town Manager 2/10/2015 Page 2 of 2 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:1/12/2015 FR:F F tachael Goodwin, Recreation Supervisor 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 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:American Legion Post 58 Applicant:Robert Putnam Date(s)of Event:March 17,2015-16837 Parkview Ave,Fountain Hills,AZ Date Application Received:01/29/2015 Town Council Agenda Date:2/19/2015 STAFF REVIEW AND RECOMMENDATION: Department/Division Staff Member Approved Denied N/A Building Safety Jason Field X Community Services Rachael Goodwin X Development Services Bob Rodgers H- Fire Department Dave Ott V~ Law Enforcement Mark Fisher >< Licensing Sonia Kukkola \L Street Department Ken Kurth ^r Attach report for denial or any recommendation requiring stipulations. 01-29-15 A09.-28 N Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix AZ 85007-2934 www.azliquor.gov (602)542-5141 FOR DLLC USE ONLY Event date(s): Event time start/end: APPLICATION FOR SPECIAL EVENT LICENSE Fee=$25.00 per day for 1-10 days (consecutive) A service fee of $25.00 will be charged for all dishonored checks (A.R.S.§44-6852) IMPORTANT INFORMATION:This document must be fully completed or it will be returned. The Department of Liquor Licenses and Control must receive this application ten (10)business days priorto the event.If the special event will be held at a location without a permanent liquor license or if the event will be on any portion of a location that is not covered by the existing liquor license,this application must be approved by the local government before submission to the Department of Liquor Licenses and Control (see Section 15). SECTION 1 Name of Organization:American Legion Post 58 SECTION 2 Non-Profit/IRS Tax Exempt Number:56 2339744 SECTION 3 The organization is a:(check one box only) Bcharitable (501 .C)DFraternal (must have regular membership and have been in existence for over five (5)years) DReligious Dcivic (Rotary,College Scholarship)DPolitical Party,Ballot Measure orCampaign Committee SECTION 4 Will this event be held on a currently licensed premise and within the already approved premises? BYes DNo American Legion Post 58 14073026 480 837-5958 Name of Business Street License Number Phone (include Area Code) SECTION5 How is this special event going to conduct all dispensing,serving,and selling of spirituous liquors? Please read R-19-318 for explanation (look in special event planning guide)and check one of the following boxes. BPIace license in non-use DDispenseand serve all spirituous liquors under retailer's license BDispenseand serve all spirituous liquors underspecialevent DSplit premise between specialevent and retail location (If not using retail license,submit a letter of agreement from the agent/owner of the licensed premise to suspend the license during the event.If the special event is only using a portion of premise,agent/owner will need to suspend that portion of the premise.) SECTION 6 What is the purposeof this event?Bon-site consumption •Off -site (auction)DBoth SECTION 7 Location of the Event:American Legion Post58 AddreSS Of Location:16837 Parkview Ave Fountain Hills,Maricopa County.AZ 85268 City County/State Zip SECTION 8 Will this be stacked witha wine festival/craft distiller festival?DYes Hno SECTION 9 Applicant must be a member of the qualifying organization and authorized by an Officer,Director or Chairperson of the Organization named in Section 1. (Authorizing signature is required in Section 13.) 1.Applicant:Putnam,Robert E. Last First Middle Date of Birth 2.Applicant's mailing address:E.Sunflower Dr.,Fountain Hills AZ 85268 Street City State Zip 3.Applicant's home/cell phone:(Applicant's business phone:f480)837-5958 4.Applicant's email address: 10/17/14 Page lot 4 Individuals requiring ADA accommodations call (602)542-9027. Redact Redact Redact Redact SECTION 10 1. Has the applicant been convicted of a felony,or had a liquor license revoked within the last five (5)years? LJYes (UNO (If yes,attach explanation.) 2.How many special event licenses have been issued to this location this year?_ (The number cannot exceed 12 events per year;exceptions under A.R.S.§4-203.02(D).) 3.Is the organization using the services ofa promoterorother personto manage the event?DYes Bno (If yes,attach a copy of the agreement.) 4.List all people and organizations who will receive the proceeds.Account for 100% of the proceeds.The organization applying must receive 25% of the gross revenues of the special event liquor sales.Attach an additional page if necessary. Name American Legion Post 58 Percentage 100% Address 16837 Parkview Ave,Fountain Hills AZ85268 Street City State Zip Name Percentage Address Street City State Zip 5.Please read A.R.S.§4-203.02 Special event license:rules and R19-1-205 Requirements for a Special Event License. Note:ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT UNLESS THEY ARE IN AUCTION SEALED CONTAINERS OR THE SPECIAL EVENT LICENSE IS STACKED WITH WINE /CRAFT DISTILLERY FESTIVAL LICENSE" 6.What type of security and control measures will you take to prevent violations of liquor laws at this event? (List type and number of police/security personnel and type of fencing or control barriers,if applicable.) 12NumberofPolice Number of Security Personnel Fencing IBarriers Explanation:Property is building with walled in patiowith twodoors andtwo gates. All exits will have our volunteer members on three hour shifts at each exit. SECTION 11 Date(s)and Hours of Event.May not exceed 10 consecutive days. See A.R.S.§4-244(15)and (17)for legal hours of service. r%*,...Event StartDayofWeek DAY1 DAY 2 DAY 3 DAY 4 DAY 5 DAY 6 DAY 7 DAY 8 DAY 9 DAY 10 10/17/14 Date 3-17-2015 Tuesday Time AM/PM 10:00 Page 2 of 4 Individuals requiring ADA accommodations call (602)542-9027. License End Time AM/PM 10:00 SPECIAL EVENT LICENSED PREMISES DIAGRAM (This diagram must be completedwiththis application) Special Event Diagram:(Show dimensions,serving areas,and label type of enclosure and security positions) NOTE:Show nearest crossstreets,highway,orroadif location doesn't havean address. Nt Parkview Avenue \\paitong\\ \ \ \\J \ \ \>^s \ \ \[^ Car Wash () (,) Parking Fire Lane American Legion Banquet Room Bar American Legion Lounge Patio Band Pit D C Fire Lane Green Elements Interior Motives Open Space (> SECTION 13 This section is to be completed only by an Officer, Directoror Chairperson of the organization named in Section 1.named in Section 1. I,fi?o&£/Lr £r»rji//>^declare that I am an OFFICER,DIRECTOR,or CHAIRPERSON (Print full name) licant listedin Section 9, to apply on behalf of the foregoing organization fora Special Eventappointingtheappl Liquor License. &cr7/>M*syf^/Z. (Signature)Title/Position Date The foregoing instrument was acknowledged before me this ~.DayStateC?/f^uHt/))County of ub2JU£Afi£2. My Commission Expires on: Date TZsJf ^2^^j .y~-•—-*jm>HU.fm i ii v 1 — Signature of Notary Public Phone # SECTION 14 This section is to be completed only by the applicant named in Section 9. I,•"toPQrt ^-rUtnam declare that Iam the APPLICANT filing this application as (Print full name) listed in Section 9.I have read the application and the contents and all statements are true,correct and complete. X H I IfJICIC. (Signature)Title/Position The foregoing instrument wasacknowledged beforeme this £o Day State /J-UyJnuu County of 70<MLU^lA-J My Commission Expires on:3-/SL-/1 Date Commander 480-837-5958 Date Phone # ^nature of Notary Public The local governing body may require additional applications to be completed and submitted.Please check with local government as to how far in advance they require these applications to be submitted.Additional licensing fees may also be required before approval may be granted.For more information,please contact your local jurisdiction:http://www.azliauor.aov/assets/documents/homeoaae docs/spec event links.pdf. SECTION 15 Local Governinq Bodv Approval Section 1,recommend DaPPROVAL •DISAPPROVAL (government official)(Title) on behalf of (City. Town,County)Signature Date Phone Dapproval • FOR DEPARTMENT OF LIQUOR LICENSES AND CONTROL USE ONLY DISAPPROVAL BY:DATE: 10/17/14 Page 4 of 4 Individuals requiring ADA accommodations call (602)542-9027. American Legion Post 58 16837 E.Parkview Ave.Fountain Hills, AZ 85268 480-837-5958 January 21,2015 American LegionPost 58 in Fountain Hills,AZ agrees to suspend the existing liquor license and use the special event liquor license during the following date: March 17,2015 Thank You,r Bob Putnam-Commander TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:2/19/2015 Meeting Type:Regular Session Agenda Type:Consent 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 DS2015-127 with Alliance Streetworks,Inc. in the amount of $147,520.76 for the construction of the Alley Paving Phase III project. Applicant:NA Applicant Contact Information:NA Property Location:Alleys bound by Enterprise Dr.,Colony Dr. &Panorama Dr. Related Ordinance,Policy or Guiding Principle:NA Staff Summary (background):The Invitation For Bids for the Alley Paving Phase III 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 January 21,2014.The work included inthe project consists of alley reconstruction,minor drainage improvements,signage and striping,landscaping and other miscellaneous work as required to reduce PM-10 emissions as part of Resolution 2007-45. On February 8,2015 the Town received sealed bids from nine contractors.The bids received were as follows: $147,520.76 Alliance Streetworks,Inc. $159,000.00 Visus,Inc. $159,199.24 Ace Asphalt $184,679.00 Nesbitt Contracting $185,679.00 RK Sanders $191,000 MR Tanner Construction $194,925 Cactus Asphalt $208,027 ABC Asphalt It was determined that Alliance Streetworks,Inc.was the lowest responsive and responsible bidder meeting the requirements ofthe IFB.Staff anticipates issuing a notice to proceed to the contractor with an effective date inearly March of 2015.The IFB provides for a 90 day construction schedule which results ina final completion date in June of 2015. Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs;budget status):$147,520.76 Page 1 of 2 Budget Reference (page number):328 &329 Funding Source:NA If Multiple Funds utilized,listhere: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 DS2015-127 as presented. List Attachment(s):IFB DS2015-127 &Site Map SUGGESTED MOTION (for council use):MOTION to approve Invitation For Bids DS2015-127 with Alliance Streetworks,Inc. in the amount of $147,520.76 for the construction of the Alley Paving Phase III project. Prepared by: 2/10/2015 2/10/2015 Approi/ed: (jL*J*+f>*S^ Ken BlichanarTTown Manager 2/10/2015 Page 2 of 2 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT INVITATION FOR BIDS ALLEY PAVING PHASE III 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 Non-Mandatory Prospective Bidder's Conference: Bid Deadline: Bid Opening: Town Representatives: DS2015-127 January 7,2015 January 7 & 14,2015 -Fountain Hills Times January 8 & 15,2015 -Arizona Business Gazette January 26,2015 January 21,2015 10:00 a.m.(local time,Phoenix,Arizona) Fountain Hills Town Hall Town Council Chambers 16705 East Avenue of the Fountains Fountain Hills,Arizona 85268 February 5,2015 3:00 p.m.(local time,Phoenix,Arizona) February 5,2015 3:00 p.m.(local time,Phoenix,Arizona) Paul Mood pmoodta-;fli.az.gov 480-816-5129 In accordance with the Town of Fountain Hills Procurement Code,competitive sealed Bids for the services specified hereinwillbe receivedby theTown Clerk at the TownClerk's Officeat the above-referenced locationuntil thedateand 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. 2284003.1 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-127 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 as set forth in this Invitation For Bids ("IFB"), the Contract formed hereby (as defined below) and any amendments thereto,together with all Exhibits,Specifications,Plans and other documents included as part of this Contract (the "Contract Documents"). Arizona Transaction (Sales^Privilege Tax License Number:i*0 9 ?V/61-1' Federal Employer Identification Number://g-Hi Oil 3 Contractor Name Address i-City State Zip Code 6/w time hz foaa For Clarification of this Bid contact: Name Telephone:7*?£-6j>7-%hQC Facsimile:43%-fo?-^9^ Email:Oj.Ua MbC %$£>!^]14QAm •COtij Authorized Signature for Contractor files Printed Name i heAir Title ACCEPTANCE OF OFFER AND NOTICE OF AWARD (FOR TOWN OF FOUNTAIN HILLS USE ONLY) Effective Date:Contract No. TOWN OF FOUNTAIN HILLS,an Arizona municipal corporation Kenneth W.Buchanan,Town Manager ATTEST: Bevelyn J. Bender, Town Clerk 2284003.1 Official File: APPROVED AS TO FORM: Andrew J.McGuire,Town Attorney TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-127 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 person submitting the information believes should be withheld, provided (i) such person submits a written statement advising the Town of this fact at the time of the submission and (ii) the information is so identified wherever it appears. 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 period 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. 2284003.1 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-127 1.14 "MAG Supplement"means the most current edition of the Town of Fountain Hills Supplement to the MAG Uniform Standard Specifications and Details for Public Works Construction. 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 in the Project,equipment and other material used and/or consumed in the performance of the 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, who has specifically been designated to act as a contact person to the Bidders and/or Contractor relating to 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 specificendproduct other than reports which are merely incidentalto the required performanceand 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 descriptionof 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 laterthanthe date set forthin the Schedule,subjectto modificationby changes in the Work as provided in Section 3.14 below. 1.27 "Town" means the Town of FountainHills, 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. 2284003.1 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-127 1.29 "Vendor"meansany firms,entities or individuals desiring topreparea responsive Bidin response to this IFB. 1.30 "Work"meansalllabor,Materials and equipment incorporated or tobe incorporated inthe Project thatarenecessarytoaccomplishtheconstructionrequiredby thisContract. ARTICLE II -BID PROCESS:BID AWARD 2.1 Purpose/Scopeof Work. The Work included in this Project consists of alley reconstruction, drainage improvements,signage and striping, landscaping and other miscellaneous work as required.The Townis issuingthisIFB is to securea qualifiedGeneralContractorto performthe 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 ConstructionDrawings. Failureto do so may resultin a determinationthat the Bid is non-responsive. 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 process for the Project specified in this IFB. Bidders shall review their Bid submissions to ensure the following requirements are met. A.Irregular/Non-responsive Bids. The Town will consider as "irregular"or "non- responsive" and shall reject any Bid not prepared and submitted in accordance with the IFB and Specifications, or any Bid lacking sufficient information to enable the Town to make a reasonable determination of compliance with the Specifications.Unauthorized or unreasonable exceptions, conditions,limitations,or provisions shall be cause for rejection. Bids may be deemed non-responsive at any time during the evaluation process if, in the sole opinion of the Procurement Agent, any of the following are true: 1.Bidder does not meet the minimum required skill,experience or requirements to perform the Work or provide the Materials. obligations. Bidder has a past record of failing to fully perform or fulfill contractual Bidder cannot demonstrate financial stability. 4. Bid submission contains false,inaccurate or misleading statements that, in the opinion of the Procurement Agent, are intended to mislead the Town in its evaluation of the Bid. B.Specification Minimums.Bidders are reminded that the Specifications in this IFB are the minimum levels required and that Bids submitted must be for products that meet or exceed the minimum level of all features specifically listed in this IFB. Bids offering less than the minimums specified will be deemed not responsive. It shall be the Bidder's responsibility to carefully examine each item listed in the Specifications. C.Required Submittal. Bidders shall provide all of the following documents to be considered a responsive Bid: 2284003.1 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-127 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. 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 Bidder shall be considered non-responsive.Negligence in preparing a 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 comer 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 Drawines. 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 Administratorwhose names appear on the cover page of this IFB. Questionsshall be submitted in writing by the date indicated on the cover page of this IFB; the Town will not respond to any inquiriessubmitted 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 Biddershallnot placethe IFB numberand titleon the outsideof 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 2284003.1 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-127 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: Town of Fountain Hills Town Hall, 16705 East Avenue of the Fountains,Fountain Hills,Arizona 85268 Town of Fountain Hills website at: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 Representative at 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 evaluation of the substitute.If a substitute is approved,the approval shall be by written addendum to the IFB.Bidder shall not rely upon approvals made in any other manner. D. Use of Equals. When the Specifications for materials,articles,products and equipment include the phrase "or equal,"Bidder may bid upon and use materials,articles,products and equipment that will perform equally the requirements imposed by the general design. The Engineer will have the final approval of all materials,articles,products and equipment proposed to be used as an "equal."No such "equal"shall be purchased or installed without prior,written approval from the Engineer.No "equal"will 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 equipment for which the item is sought to be considered an equal and a complete description of the proposed equal including any drawings, cuts,performance and test data and any other information necessary for evaluation of the equal. All approval of equals shall be issued in the form of written addendum or amendment, as applicable,to this IFB or the Contract. 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 ProspectiveBidders' Conference may be designated as mandatory or non-mandatoryon 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 2284003.1 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-127 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. 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 herein by reference.Bid prices shall be submitted on a per unit basis by line item, when applicable and include all applicable sales tax. In the event of a disparity between the unit price and extended price, the unit price shall prevail.NOTE:All pricing blanks must be filled in.Empty or unfilled spaces in the Bid Price Sheet shall result in a determination that a Bid is non-responsive. 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 Allowance amount 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 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. 2.11 Federal Funding. It is the responsibility of the Bidder to verify and comply with federal requirementsthat may apply to the Work (the "Federal Requirements"). It is also the responsibilityof the Bidder to incorporate any necessary amounts in the Bid to accommodate for required federal record-keeping,necessary paystructuresorothermattersrelatedto theFederal Requirements.Federal Requirements,if any,shallbe attached hereto as Exhibit P. In addition to any applicableFederal Requirements,this procurementis subject to a number ofstateandTown regulations.In general,wheretheserules conflict,themore stringent laworrule applies. 2.12 Cost of Bid/Proposal Preparation.Bids submitted for consideration should be prepared simply and economically,providing adequate information in a straightforwardand concise manner. The Town does not reimburse the cost of developing,presenting or providing any response to this solicitation;the Bidder is responsible forall costs incurred in responding tothis 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 becomepublic records and shall be available for public inspection in accordance with the Town's Procurement 2284003.1 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-127 Code, except that any portion of a Bid that was designated as confidential pursuant to Section 2.14 below shall remainconfidentialfromand afterthe time of Bidopeningto the extentpermittedby Arizonalaw. 2.14 Confidential Information.If a Vendor/Bidder believes that a Bid,Specification,or protest contains information thatshouldbe 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 Vendoror Bidder as confidential shall not be disclosed until the Procurement Agent makes a written determination. The Procurement Agent shall review the statement and information with the Town Attorney and shall determine in writing whether the information shall be withheld.If the Town Attorney determines that it is properto disclosethe information,the ProcurementAgentshall 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 registeredwiththeArizona Corporation Commissionand authorizedto do businessinArizonaand(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. 2284003.1 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-127 C. No Gratuity. It has not given, offered to give, nor intends to give at any time hereafter, any economicopportunity,future employment,gift, loan, gratuity,specialdiscount,trip favor or serviceto a Town employee,officer, agent or elected official in connection with the submittedBid 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. E. No Signature/False Statement. The signature on the Bid and the Vendor Information Form is genuine. Failure to sign the Bid or the Vendor Information Form, or signing either with a false statement, shall void the submitted Bid and any resulting Contract, and the Bidder may be debarred from further bidding in the Town. 2.18 Bid Bond. All Vendors desiring to prepare a responsive Bid shall submit a non-revocable bid security payable to the Town in the amount often percent (10%)of the total Bid Price. This security shall be in the form of a bid bond,certified check or cashier's check and must be in the possession of the Town Representative by the Bid Deadline. All bid security from Contractor(s)who have been issued a Notice of Award shall be held until the successful execution of all required Contract Documents and bonds.If the Contractor fails to execute the required contractual documents and bonds within the time specified, or ten Days after Notice of Award if no period is specified,the Contractor may be found to be in default and the Contract terminated by the Town. In case of default, the Town reserves all rights inclusive of, but not limited to, the right to purchase material and/or to complete the Work and to recover any actual excess costs associated with such completion from the Contractor. All bid bonds shall be executed in the form attached hereto as Exhibit G. duly executed by the Bidder as Principal and having as Surety thereon a Surety company holding a Certificate of Authority from the Arizona Department of Insurance to transact surety business in the State of Arizona.Individual sureties are unacceptable.All insurers and sureties shall have, at the time of submission of the proposal, an A.M.Best's Key Rating Guide of "A-"or better as currently listed in the most recent Best Key Guide, published by the A.M. Best Company. As soon as is practicable after the completion of the evaluation,the Town will (A)issue a Notice of Award for those Offers accepted by the Town and (B)return all checks or bonds to those Bidders who have not been issued a Notice of Award. 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 limited to, 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 modifiedby a written addendum or Contract amendment.Bids becomebinding Contractswhen the Acceptance of Offer and Notice of Award is executed in writing by the Town. Bidder Offers shallbe valid and irrevocable for 90 days after the Bid Opening. 2284003.1 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-127 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. 3.2 Plans and Specifications to Successful Contractor.The successful Contractor shall print their own Plans and Specifications for this Project from the Town's website:http://www.fh.az.gov/available-bids.aspx. 3.3 Contract Time. The Contract Time for this Project shall be 90 days from the Notice to Proceed. All Work on the Project shall be completed on or before the expiration of the Contract Time. 3.4 Pre-Construction Conference.Within 30 days of the issuance of the Notice of Award, the Contractor shall attend a pre-construction conference. The Town will contact the Contractor to schedule a specific date, time and location for the pre-construction conference. The purpose of this conference is to outline specific items and procedures and to address items that require special attention on the part of the Contractor. The Contractor may also present proposed variations in procedures that the Contractor believes may (A) improve the Project, (B) reduce cost or (C) reduce inconvenience to the public. Any necessary coordination and procedures for construction inspection and staking will be addressed during the pre-construction conference. The Contractor will be required to provide the following items at, or prior to, the pre-construction conference, each of which is subject to review and approval by the Engineer: A. Key Personnel:Subcontractors.A list of the names and emergency telephone numbers of all proposed Key Personnel, Subcontractors and suppliers that the Contractor intends to utilize on the Project, in the form attached hereto as Exhibit H and incorporated herein by reference.The term "Key Personnel"means individuals who will be directly assigned to this Project and includes, but is not limited to, the owner, principals, project manager, project superintendent, scheduler, construction engineer and supervisory personnel. At least two of the Bidder's Key Personnel must have a minimum of three years' experience in similar projects (defined above)and the schedulermust have experience in employingscheduling techniques appropriatefor this Project. Resumes of Key Personnel shall be submitted upon request by the Town's representative.Proposed Subcontractors shall be qualified and have the requisite professional or technical licenses and be licensed to do business in the State of Arizona. The list shall include such information on the professional background of each of the assigned key individuals as may be requested by the Town Representative.Such key personnel and Subcontractors shall be satisfactory to the Engineer and shall not be changed except with the consent of the Engineer.Additionally,the Engineer shall have the right to request mat 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 Projectdeliveryprocess. Uponreceiptof suchrequest,theContractorshall remove such personnel or Subcontractor(s)unless the Contractor can provide the Town with sufficient documentation to proveit is commercially impractical to replacethe personnel or Subcontractor(s)with substitute personnel possessing similar qualifications.TheEngineer's approval of substituted personnel or Subcontractor(s) shall not be unreasonably withheld. B. Progress Schedule. A constructionprogressscheduleshowing the estimatedtimefor start and completion ofthemajoritemsofWorkin Primavera P6 scheduling software. 2284003.1 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-127 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 andfor 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 forpublic 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. 3.5 Noticeto Proceed.Within 45 daysof the issuance of theNoticeof Award theTownmayissuea written Noticeto Proceed.TheNoticeto Proceedshall stipulate the actual Contract startdate,the Contract Time and the dates of Substantial Completion and Final Completion.The time required forthe Contractor to obtain permits,licenses and easements shall be included in the Contract Time and shall not be justification for a delay claim by the Contractor.The time required for the Contractor to prepare,transmit and obtain approval of applicable submittals shall be included in the Contract Time and shall not be justification for a delay claim by the Contractor.No Workshallbe starteduntilafterall required permits,licenses,and easements havebeen obtained. The Contractor shallnotifythe Engineer,in writing,atleast72hoursbeforethe following events: A.Commencement.The start of construction. B. Services Shut Down. Shutdown of water, sewer, drainage, irrigation and/or traffic control facilities,includingthe anticipated length of time for each shut down. C. Well or Pump Shut Down. Shutdownof 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 alsobe coordinated withthe 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-Wav. The Contractor shall obtain a right-of-way permit for any of the Work completed in the public right-of-way.The Contractorwill be responsiblefor any requiredMaricopa County permits or other agencypermits. The Town will provideanynecessary easements for Work specifiedunderthis 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 consentof 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 constructionof the Project andthe employmentof laborthereon. Failureto do so willnot relievethe 2284003.1 10 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-127 Contractorof its obligation to furnish all material and labor necessary to carry out the provisions of this Contract. Insofaras possible in carrying out its work, the Contractormust employ such methods or means as will not cause any interruption ofor interference withtheWorkof anyother contractor.Contractor affirms thatit has inspected thejobsite and has thoroughly reviewed the Contract including,without limitation,the Specifications listed on ExhibitA. asthesamemaybe revisedby theTown,and isnotrelyingonanyopinionsor representations ofTown. Contractoragreesto performand completesuchWorkin strictaccordancewith the Contractandunderthe general direction of the Town.Contractor agrees that any exclusions of any Work must be approved in writing by the Town prior to acceptance of this Contract or same shall not be excluded hereunder. Contractor is responsiblefor all safety precautions and programsand shall provide all protectionand necessary supervision to implementsaid precautionsandprograms. Contractorshall take allreasonableprecautionsfor the safetyof andprovidereasonable protectionto prevent damage, injury or loss to: (A) Town personnel and members of the public, (B) employeesor others on the Project, (C) the Work and materials and (D) other property at the Project or adjacent thereto. Contractor shall designate a responsible person on the Project whose duty shall be prevention of accidents. Contractor shall provide all competent supervision necessary to execute all Work and any Work incidental thereto in a thorough,first-class,workmanlike manner. It is Contractor's responsibility that all of the Work and any Work incidental thereto conforms to, and is performed in accordance with, all applicable Federal, State, County and Town laws, codes, ordinances, regulations (including National Pollutant Discharge Elimination System and air pollution standards) and orders of public authorities bearing on performance of the Work. 3.9 Traffic Regulations. All traffic affected by the Work under this Contract shall be regulated in accordance with the then-current version of the City of Phoenix-Traffic Barricade Manual (the "Barricade Manual") which is incorporated herein by reference; provided, however, that this Contract shall govern in a conflict with the terms of the Barricade Manual. At the time of the pre-construction conference, the Contractor shall designate an employee who is well qualified and experienced in construction traffic control and safety to be responsible for implementing,monitoring and altering traffic control measures, as necessary. At the same time, the Town will designate a representative who will be responsible to see that all traffic control and any alterations are implemented and monitored to the extent that traffic is carried through the Work area in an effective manner and that motorists,pedestrians,bicyclists and workers are protected from hazard and accidents. A.Major Streets. The following shall be considered major streets: All major parkway,mile (section line), arterial and collector (mid-section line and quarter section line)streets so classified by the Town. B. Traffic Control Devices. All traffic control devices required for the Work under this Contract shall be the responsibility of the Contractor.The Contractor shall place advance warning signs (such as REDUCE SPEED,LOOSE GRAVEL,25 MPH SPEED LIMIT and DO NOT PASS)in accordance with the Barricade Manual. The Contractor shall provide,erect and maintain all necessary flashing arrow boards, barricades,suitable and sufficient warning lights,signals and signs and shall take all necessary precautions for the protection of the Work and safety of the public. The Contractor shall provide,erect and maintain acceptable and adequate detour signs at all closures and along detour routes. All barricades and obstructions shall be illuminated at night, and all safety lights shall be illuminated from sunset until sunrise. All barricades and signs used by the Contractor shall conform to the standard design generally accepted for such purposes and payment for all 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. 2284003.1 11 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-127 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, arrangementsmust 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 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 is turned off and the wiring is transferred.All damaged or modified traffic signal overhead and underground items shall be repaired and restored to the Engineer's satisfaction.Magnetic detector loops shall,under no circumstances,be spliced. 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. 2284003.1 12 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-127 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 insurancewith insurancecompanies authorized to do business in the State of Arizonapursuantto ARIZ. Rev.STAT.§20-206,as amended,with an AM Best, Inc.ratingof A- or abovewith policies and forms satisfactory to the Town. Failure to maintain insuranceas specifiedherein may result in termination of this Contract at the Town's option. 2. No Representation of Coverage Adequacy. By requiring insurance herein, the Town does not represent that coverage and limits will be adequate to protect Contractor. The Town reserves the right to review any and all of the insurance policies and/or endorsements cited in this Contract but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Contract or failure to identify any insurance deficiency shall not relieve Contractorfrom, nor be construed or deemed a waiver of, its obligationto maintain the requiredinsurance 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 law for claims arising out of the performanceof 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, completed and formally accepted by the Town, unless specified otherwise in this Contract. 5. Primary Insurance.Contractor's insurance shall be primary insurance with respect to performance of this Contract and in the protection of the Town as an Additional Insured. 6. Claims Made. In the event any insurance policies required by this Agreement are written on a "claims made"basis,coverage shall extend,either by keeping coverage in force or purchasing an extended reporting option,for three years past completion and acceptance of the services. Such continuing coverage shall be evidenced by submission of annual Certificates of Insurance citing applicable coverage is in force and contains the provisions as required herein for the three-year period. 7. Waiver. All policies, except for Professional Liability, including Workers' Compensation insurance,shall contain a waiver of rights of recovery (subrogation)against the Town,its agents,representatives,officials,officers and employees for any claims arising out of the Work or Services of Contractor.Contractor shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto. 8.Policy Deductibles and/or Self-Insured Retentions.The policies set forth in these requirements may provide coverage that contains deductibles or self-insured retention amounts.Such deductibles or self-insured retention shall not be applicable with respect to the policy limits provided to the Town.Contractor shall be solely responsible for any such deductible or self-insured retention amount. 2284003.1 13 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-127 9. Use of Subcontractors.If any Work under this Contract is subcontracted in any way, Contractor shall execute written agreement with its Subcontractors containing the indemnification provisions set forth in this Section and insurance requirements set forth herein protecting the Town and Contractor. Contractor shall be responsible for executing any agreements with its Subcontractor and obtaining certificates of insurance verifying the insurance requirements. 10. Evidence of Insurance. Prior to commencing any Work or Services under this Contract, Contractor will provide the Town with suitable evidence of insurance in the form of certificates of insurance and a copy of the declaration page(s)of the insurance policies as required by this Contract, issued by Contractor's insurance insurer(s) as evidence that policies are placed with acceptable insurers as specified herein and provide the required coverages, conditions and limits of coverage specified in this Contract and that such coverage and provisions are in full force and effect. Confidential information such as the policy premium may be redacted from the declaration page(s)of each insurance policy, provided that such redactions do not alter any of the information required by this Contract. The Town shall reasonably rely upon the certificates of insurance and declaration page(s)of the insurance policies as evidence of coverage but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations of this Contract.If any of the policies required by this Contract expire during the life of this Contract,it shall be Contractor's responsibility to forward renewal certificates and declaration page(s) to the Town 30 days prior to the expiration date. All certificates of insurance and declarations required by this Contract shall be identified by referencing this Contract. A $25.00 administrative fee shall be assessed for all certificates or declarations received without a reference to this Contract.Additionally,certificates of insurance and declaration page(s)of the insurance policies submitted without referencing this Contract will be subject to rejection and may be returned or discarded. Certificates of insurance and declaration page(s)shall specifically include the following provisions: a. The Town,its agents,representatives,officers,directors,officials and employees are Additional Insureds as follows: (i)Commercial General Liability -Under Insurance Services Office, Inc.,("ISO")Form CG 20 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. 2284003.1 14 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-127 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,$2,000,000Products and Completed Operations Annual Aggregate and a $2,000,000General 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, includingbut not limitedto,separation of insured's clause. To the fullestextent allowedby law, for claims arisingout of the performance of this Contract,the Town, its agents,representatives,officers,officialsand 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 amendedto include as an insured the person or organizationshown 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 performing the Work under this Contract, the Contractor shall maintain Professional Liability insurance covering negligent errors and omissions arising out of the Services performed by the Contractor, or anyone employed by the Contractor,or anyone for whose negligent acts,mistakes,errors and omissions the Contractor is legally liable, with an unimpaired liability insurance limit of $2,000,000 each claim and $2,000,000 annual aggregate. 4.Workers'Compensation Insurance.Contractor shall maintain Workers' Compensation insurance to cover obligations imposed by 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. 2284003.1 15 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-127 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 I. duly executed by the Contractor as Principal and having as Surety thereon a Surety company approved by the Town and holding a Certificate of Authority to transact surety business in the State of Arizona by the Arizona Department of Insurance.Individual sureties are unacceptable.All Insurers and Sureties shall have, at the time of submission of the performance bond, an A.M.Best's Key Rating Guide of "A-"or better as currently listed in the most recent Best Key Guide, published by the A.M. Best Company. 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 Contractor or any Subcontractor for the performance of any Work related to this Contract.Payment security shall be in the amount of one hundred percent (100%)of the total Contract Price and be payable to the Town.Payment security shall be in the form of a payment bond, certified check,cashier's check or irrevocable letter of credit. This security must be in the possession of the Engineer within seven days after execution of this Agreement by the Town.If the Contractor fails to execute and deliver the security instrument as required,the Contractor may be found in default and the Contract terminated by the Town. In case of default the Town reserves all rights. All payment bonds shall be executed in the form attached hereto as Exhibit J. duly executed by the Contractor as Principal and having as Surety thereon a Surety company approved by the Town and holding a Certificate of Authority to transact surety business in the State of Arizona by the Arizona Department of Insurance.Individual sureties are unacceptable.All Insurers and Sureties shall have, at the time of submission of the payment bond, an A.M.Best's Key Rating Guide of "A-"or better as currently listed in the most recent Best Key Guide, published by the A.M. Best Company. 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 shall be performed under the applicable conditions of the Contract. The Contract Price shall be adjusted as a result of a change in the Work as follows: A. Additions. When the Town increases the scope of the Work, Contractor will perform the increased work pursuant to Contractor's unit prices set forth on the Price Sheet. B. Deletions. When the Town decreases the Work resulting in a decrease in Contractor's quantityof the Work, the Town shall be allowed a decreasein the ContractPrice amountingto the quantity of the deleted Work multiplied by the Contractor's unit prices. C. Estimating.Whenever the Town is considering a change to the Work,Contractor shall promptly, and in any event within five business days, estimate the price of the contemplated additional or deleted Work in good faith and as accurately as is then-feasible. The estimate shall show quantities of labor, material and equipment and shall be pursuant to the rates set forth in the Contractor's Bid. 3.15 Substantial Completion.When the 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 2284003.1 16 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-127 items.Failure to include an item onthe Punch Listdoesnotalterthe responsibility of the Contractor to complete all Work in accordance with the Contract Documents.The Town shall determine when the Project and the Contractor's Work is substantially complete."Substantial Completion"means construction hasbeen completed in accordance with the Contract Documents to the extentthat the Town can use or occupythe entire Project,or the designatedportion of the Project,for the use intended without any outstanding,concurrentconstructionat the site, except as may be required to complete or correct PunchList items.A prerequisite for Substantial Completion, overandabovetheextentof construction completion required,isreceiptbytheTownof 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 Certificateof SubstantialCompletionshall also includethe PunchList as createdby theContractor 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 outstandingsystem 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. 3.17 Payments to Contractor.Compensation for all Work necessary for the completion of the Project shall be included by the Bidder in the price bid for the items shown in the Bid.Only those items listed in the Bid are pay items.Payment shall be conditioned upon Contractor's compliance with the payment terms and conditions set forth below.Contractor expressly acknowledges and agrees that (A) the Contract Price is an estimated amount based upon an engineer's estimate of the quantities of the Materials deemed necessary to perform the Work and (B) the amount of any payment to be made pursuant to this Contract shall be determined by the field-measured quantities of Materials actually installed by Contractor.Material or equipment delivered to the Project by or on behalf of Contractor shall not constitute material or equipment furnished in the performance of the Work until same has been incorporated into the improvements constituting the Project.Payment shall not constitute acceptance by the Town or evidence thereof of any Work performed. A.Progress Payments. 1.On or before the 15th day of each month after construction has commenced,the Contractor shall submit to the Town an application for payment consisting of the cost of the Work performed up to the end of the prior month, including the cost of material stored on the site or at other locations approved by the Town. The application shall be deemed approved and certified for payment seven days after it is submitted unless before that time the Town prepares and issues a specific written 2284003.1 17 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-127 finding settingforththose itemsin detailthat are not approved for paymentunderthe Contract.Prior to submissionof the next application for payment,the Contractorshall make availableat the requestof the Town a statement accounting for the disbursement of funds received under the previous application for purposes of audit.Theextentofsuch statement shallbeasagreeduponbetweentheTownand Contractor. 2. Within 14 days after approval of each monthly application for payment, the Town shall pay directlyto 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 correctingdeficiencieswhichare set forth in writingand providedto the Contractorand (c) any retainage as set forth in subsection 3.17(B)below. 3. The Town's progress payment, occupancy or use of the Project, whetherin 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 progress on the Project. If, at any time, the Town determines satisfactory progress is not being made, ten percent (10%)retention shall be reinstated for all progress payments made under this Contract after the determination. C.Payment for On-site and Off-site Stored Materials.Payment shall be made on account of Materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. Payment may similarly be made for Materials and equipment suitably stored off the site, conditioned upon the Contractor furnishing evidence to the Town that (1) title to the Materials and equipment will pass to the Town upon payment therefore, (2) the Materials and equipment are adequately safeguarded and insured, including during transit from the off-site location to the Project site and (3) such other matters as the Town may reasonably request in order to protect its interests. With the prior, written approval of the Town,Contractor may 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 vendoror byjoint check to Contractorand vendor, and shall receivea fullreleasefor the amountpaid fromvendor 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 2284003.1 18 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-127 causedby thesole negligenceof the Town). Contractorshall immediatelyreplace,repairor restoresaid 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 toanyof the Materials described herein from anycauseunlessduetotheTown's sole negligence.Should the Town have reason to believe Contractor is not properly safeguarding any of the Materials, the Town shallhave 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 ConstructionWork. The Contractor warrants that title to all Work coveredby 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 previouslyissued and payments received from the Town shall be free and clear of liens, claims, security interests or encumbrances in favorof the Contractor,Subcontractors,materialsuppliers,or otherpersonsorentitiesmaking a claim by reason of having provided labor, Materials and equipment relating to the Work. E.Final Payment. 1.Final payment,consisting of the unpaid balance of the cost of the Work shall be due and payable at Final Completion and acceptance by the Town. Before issuance of final payment, the Town may request satisfactory evidence that all payrolls,Materials bills and other indebtedness connected with the Work have been paid or otherwise satisfied. 2.Simultaneously with Contractor's request for final payment,Contractor shall submit the following items to the Town Representative: a.Red-line construction record drawings. b.Warranties. c. Two sets of documentation completely covering the operation and maintenance of the mechanical and electrical installation and all other equipment. The documentation shall include charts,diagrams,performance curves,catalog information, lubrication manuals,and details pertaining to the functioning of various items of equipment. The documentation shall be divided logically into "systems"on the basis of operation,without respect to trades,subcontractors or arbitrary specifications sections.The relationship of the "systems"shall be clearly and concisely detailed. d.Affidavit Regarding Settlement of Claims. e.Other items reasonably required by the Town Representative. 3. In making final payment the Town waives all claims except for: a.Outstanding liens. b.Improper workmanship or defective Materials. 2284003.1 19 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-127 c.Work not in conformance with this Contract or Work not completed. d. Terms of any special warrantiesrequired 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 Contractorrecords for a period of three years. g. Claimspreviouslymade in writingandwhich remainunsettled. 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. 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. 2284003.1 20 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-127 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 includethe date for SubstantialCompletion of the Work. The Engineermay revise the Scheduleduringthe course of theWork. Contractor,to inducethe Town to enter intothis Contract,has and doeshereby agree to fullyperform 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 Completion date shall be issued in a Change Order or Contract amendment, as applicable. B.Excusable Delay.To the extent any of the following events results in an actual delay in the Work,such shall constitute an "Excusable Delay"(to the extent not set forth below,a delay will be considered an "Inexcusable Delay"): 1.Delays resulting from Force Majeure. 2.Differing,unusual or concealed site conditions that could not reasonably have been anticipated by the Contractor in preparing the Schedule, including, without limitation, archaeological finds and unusual soil conditions (including rock or other geological conditions),underground foundations,abandoned utility lines and water conditions. 3. Delays resulting from the existence or discovery of Hazardous Materials on the Site not brought to the Site by the Contractor. 2284003.1 21 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-127 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 5 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 determinationof the respective number of Days of Excusable Delay and/or Inexcusable Delay. The Engineer's determinationmay be issued at such time as the Engineerdeems reasonable,but not later than ten Daysafter receiptby the Engineerof the Contractor's written request for such determination.The Contractorshall not, however,deem an issuanceby the Engineerof such a determination to be a concurrenceof the matters set forth in the Contractor's request. The Contractormay invoke the disputeresolutionproceduressetforth in Part Dbelow with respectto such determination. E.Concurrent Delay.To the extent the Contractor is entitled to an extension of time due to an ExcusableDelay,but the performance of the Work wouldhave been suspended,delayedor interrupted by the faultor neglectof the Contractor or by an Inexcusable Delay,the Contractor shallnotbe entitled toany additional costs for the period of such concurrency. 3.25 LiquidatedDamages. It is expresslyunderstoodthat should Contractorfail to complete the Work covered hereby within the Contract Time,the Contractor agrees to pay and shallpay to the Townupon request therefore for each calendar day of delay beyond the original or revised scheduled time of completion of 2284003.1 22 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-127 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 andbeliableto theTownforthe liquidateddamagesuntiltheWorkis complete. B. After Termination. In the event the Town exercises its right of termination, the Contractorshallbe liableto theTown for any excess costs and, in addition,for liquidateddamagesuntilsuch time as the Town may reasonably obtain delivery or performance of similar Services. 3.26 Suspension bv the Town for Convenience. A. Town Determination. The Town may order the Contractorin writingto suspend,delayor 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 performed through the date of termination. The Contractor shall not be entitled to be paid any amount as profit for unperformed Services or consideration for the Town's termination by convenience. 3.28 Termination bv the Town for Cause. A. Default: Cure.If the Contractor refuses or fails to supply sufficient properly skilled staff or proper Materials,or disregards laws,ordinances,rules,regulations,or orders of any public authority jurisdiction, or otherwise substantially violates or materially breaches any term or provision of this Contract,and such nonperformance or violation continues without cure for 15 days after the Contractor receives written notice of such nonperformance or violation from the Town, then the Town may, without prejudice to any right or remedy otherwise available to the Town,terminate this Contract. B.Substitute Performance.Upon termination of this Contract by the Town,the Town shall be entitled to furnish or have furnished the Services to be performed hereunder by the Contractor by whatever method the Town may deem expedient. Also, in such case, the Contractor shall not be entitled to receive any further payment until completion of the Work, and the total compensation to the Contractor under this Contract shall be the amount that is equitable under the circumstances.If the Town and the Contractor are unable to agree on the amount to be paid under the foregoing sentence, the Town shall fix an amount,if any, that it deems appropriate in consideration of all of the circumstances surrounding such termination,and shall make payment accordingly. The Contractor may dispute the Town's assessment of the termination amount pursuant to the dispute resolution process set forth in in Part D of this Contract. C.Contractor Insolvency.Upon the appointment of a receiver for the Contractor,or if the Contractor makes a general assignment for the benefit of creditors, the Town may terminate this Contract, without prejudice to any right or remedy otherwise available to the Town, upon giving three business days' written notice to the Contractor.If an order for relief is entered under the bankruptcy code with respect to the Contractor,the 2284003.1 23 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-127 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. CompensatestheTown for actualpecuniarylossresultingfrom suchbreaches. 4. Assumesthe obligationsof the Contractorwithinthe establishedtimelimits. 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 bv the Town.Contractor shall adjust its operations to conform to any progress schedule changes and hereby waives and releases the Town from any liability for damages or expenses that may be caused to or sustained by Contractor by reason of such changes or by reason of delays in the Work, whether caused in whole or in part by conduct on the part of the Town, including without limitation, any breach of this Contract or delays by other contractors or Subcontractors.Contractor's exclusive remedy in event of delay or Additional Work by the Town shall be an extension of time hereunder to complete the Work. 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 equipment relating to the Work prior to actual installation in final place on the Project and acceptance by the Town. Contractor shall be responsible for damage to the Materials, machinery, apparatus, tools, equipment and property of the Town and other contractors resulting from the acts or omissions of its Subcontractors, employees, agents, representatives Subcontractors, and for payment of the full costs of repair or replacement of any said damage. 2284003.1 24 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-127 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 whois,inthe opinion of the Engineer,disorderly,dangerous,insubordinate,incompetent or otherwise objectionable.The Contractor shall indemnify andhold harmless the Town from and against damages orclaimsfor compensation thatmayoccurin the enforcement of this Section.The Contractor shallbe responsible for ensuring the legal working statusof its employees and its Subcontractor's employees.The Contractor agrees thatonce assigned to Work underthis 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 expectedto 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. Exceptas is otherwisespecifiedin this Contract,the Contractor's procedureand methodsof 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 sucha manneras to avoidinjuryto its personnel and to avoiddamageto 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 fabrication for the protective fencing. There will be no separate measurement or payment for furnishing, installing, or maintaining protective fencing. The cost shall be considered incidental to the cost of any other structures for which trenching is necessary. 3.37 Plans and Shop Drawings,Samples and Substitution of Materials.All submittals shall conform to MAG Specifications, Section 105.2 (Plans and Drawings) as modified by the MAG Supplement. Contractor shall furnish, within three business days following request therefore by the Town,detailed drawings of the Work, samples of Materials and other submittals required for the performance or coordination of the Work.Substitutions shall be equal or superior to Materials specified in the Contract Documents,shall be clearly identified on 2284003.1 25 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-127 submittals as "proposed substitutions" and shall be approvedby 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 responsibilityfor compliance with scope, intent and performancein accordance with this Contract. 3.38 Utilities. A. Cooperation. The Contractor shall comply with the requirements of MAG Specifications 105.6,as modified by the MAG Supplement. B.Utilities Shown on the Plans. 1.Regardless of what utilities are shown on the plans, it shall be Contractor's responsibility to verify these locations and any additional lines which may exist through consulting with the Town,utility companies and "Blue Stake." 2.Existing utilities are indicated on Project plans in accordance with the best information available.Contractor shall notify all owners of utilities when its Work is in progress and shall make such arrangements as are necessary to make any emergency repair to any utility,in a manner satisfactory to the Town of a damaged utility line,including individual or house service utility lines. 3. No extra compensation will be made for the repair of any individual or house service utility or utility lines damaged by Contractor's labor forces or equipment,nor for any damage incurred through neglect or failure to provide protective barriers,lights and other devices or means required to protect such existing utilities. 4.Contractor shall expose all sanitary and storm sewers,water,gas,electric, telephone utility lines, and other underground structures that might interfere with the Work,in order to permit survey location prior to construction. 5.Contractor shall assume full responsibility for damages to any underground facility/utility properly shown on the Plans or properly located by the Utility owner, as a result of failing to obtain information as to its location,failing to excavate in a careful and prudent manner (as defined in MAG Specifications),or failing to take measures for protection of the facilities/utilities.The Contractor is liable to the owner of the underground facility/utility for the total cost of the repair. C.Utilities Not Shown on the Plans. 1.If utility lines are encountered that are not shown on the plans,and not located, or incorrectly located by the utility owner,other than individual or house service utility lines, and these lines are damaged or work is required to clear same, then MAG Specifications,Section 109.8 and ARIZ. REV.STAT.§ 40-360.21 et seq. shall apply. 2.The work necessary for the raising,lowering,or relocating of any such utility shall be at the utility owner's expense. The necessary Work may be done by the utility owner or by Contractor,or as a collaborative effort,at the option of the utility owner.All Work shall be in accordance with the standards of the Town and the utility owner. 2284003.1 26 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-127 3. In most cases,individual or house service utility lines are not shown on the Plans. It shall be Contractor's responsibility to locate and protect these individual or house services. If, due to Contractor's operations,any of theselines are damaged,it shall repair or replacethese linesin a manner satisfactory to the owner of the utility at no extra cost to the Town. In addition, the cost of location, protection, and working around these individual or house service utility lines shall be included in Contractor's bid for the Work under this Contract. 3.39 Sampling and Testing. Sampling and testing shall conform to the requirements of the MAG Specifications,Section 106,as modified by the MAG Supplement.The Contractor shall obtain an independent laboratoryor testingcompanyand pay all costs of testingrequired by the Contract Documents, includingtesting required by MAG, the Specifications, the Town and other jurisdictional bodies. A copy of all test results shall be furnished to the Engineerin a summaryreport submittedat the subsequentconstructionprogressmeeting(time and date to be set upon Contract award) for tests performed. At Substantial Completion, the Contractor shall submit a final test report containing all test results which certifies the Work complies with the Specifications. This report shall be sealed by a professional engineer registered in the State of Arizona who was responsible for overseeing the testing and sampling. 3.40 Cooperation between Contractors. The Contractor shall comply with the requirements of MAG Specifications,Section 105.7, as modified by 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 comers 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. 2284003.1 27 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-127 B. No Traffic Interference. Traffic shall not be required to travel over 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 fillingby compactingin place or (B) disposed of off-site. Excess or unsuitablematerial,broken asphalticconcrete and broken portland cement concrete excavated from the right-of-wayshall be removed from the Project Site and disposed of by the Contractor. Waste material shall not be placed on private property withoutexpress permission of the property owner. The Contractor shall, at all times, keep the premises free from accumulation of waste materials or rubbish caused by its operations. At the completion of the Work, Contractor shall remove all equipment, tools and surplus materials, and shall completely clean the premises, removing and disposing of all debris and rubbish and cleaning all stains, spots, marks, dirt, smears or other blemishes. When the Work premises are turned over to the Town, they shall be thoroughly clean and ready for immediate use. Clean-up shall include removal of all excess pointing mortar materials within pipes and removal of oversized rocks and boulders left after finish grading. The Contractor shall provide for the legal disposal of all waste products and debris and shall make necessary arrangements for such disposal. 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 removal of fire hydrant meters should be scheduled at least three business days in advance through the Chaparral City Water Company.Watering shall conform to the provisions of MAG Specifications,Section 225. A deposit and installation fee in amounts set forth in the Chaparral City Water Company's fee schedule is required for each meter. The cost of the water is at the prevailing rate. 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 conformity with all applicable State and local laws, codes,regulations and ordinances and shall be properly lit and ventilated,and kept clean at all times.Adequate and satisfactory drinking water shall be provided at all times and under no circumstances and under no conditions will the use of common cups be permitted.The Contractor must supply sanitary drinking cups for the benefit of all employees. 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 firmsfor locationsof their underground facilities.Contractorshall ensure that its employeesand 2284003.1 28 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-127 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 otherwise agreed by Town Representative, keep the premises on which the Work is being performed clean and free from accumulation of any waste materials, trash, debris and excess dirt, and at all times shall remove Contractor's implements, machinery, tools, apparatus and equipment from the jobsite when not needed on the jobsite. Should the Town Representativefind it necessaryin his/heropinion to employ help toclean up, removeor storeany of the foregoing due to failure of Contractor to do so, the expense thereof shall be charged to Contractor.Verbal notice from the Town Representative on clean-up or removal is considered adequate notice hereunder,and failure to conform with his/her request within 24 hours thereof will be construed as a breach of this Contract by the Contractor and such charges will be made against Contractor's account as are necessary to accomplish the clean-up or removal. The cost of cleanup, removal or storage by the Town, if not deducted by the Town from monies due Contractor, shall be paid by Contractor within five business days of written demand by the Town. 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 businesses,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,trash/recycle collection and other delivery/pick-up routes. A.Neighborhood Notification.Prior to the start of any Work on the Project, the Contractor shall distribute a preliminary "Dear Neighbor"letter (8-1/2" x 11"), as submitted to and subject to the approval of the Engineer, to all businesses, property owners and residents within 600 feet of any portion of this Project. This "Dear Neighbor" letter shall include, at a minimum, the following information: 1.Contractor's name,business telephone number and the 24-hour "Hot Line" telephone number for this Project. 2.Name of Contractor's Project Manager. 3. Name of Contractor's Project Superintendent. 2284003.1 29 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-127 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.Contractor shall (1)ensure that the letter is distributed to all persons and businesses indicated on the list provided by the Town Manager or authorized designee and (2) provide the Town Manager or authorized designee with a copy of the letter sent and sufficient proof of mailing. Subsequent to delivery of the "Dear Neighbor"letter, the Contractor shall distribute bi-monthly construction progress updates, including construction schedule and any additional information the Engineer deems important as a result of construction activities, to all persons and businesses included on the aforementioned distribution list. At the request of the Town Manager or authorized designee,Contractor may be required to distribute additional public notifications.At the end of construction a final "Dear Neighbor"letter shall be distributed to the persons and businesses on the aforementioned distribution list highlighting the Contractor's and the Town's appreciation for their patience during construction of the Project. 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 from the Owner's Allowance on the Price Sheet for Work performed in accordance with the Notification Plan. Work thatis eligiblefor reimbursement includes:the"DearNeighbor" letters;bi-monthlyprogressreports; 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 shallsubmita final report/evaluation of its Notification Plan process performedfor thisProject. The reportshallbe submittedbefore theContractorreceivesfinalpayment. PART C -MISCELLANEOUS 3.54 Applicable Law: Venue. This Contract shall be governed by the laws of the State of Arizona and suitpertainingto thisContractmaybebroughtonlyin courtsinMaricopaCounty,Arizona. 3.55 Conflict of Interest. This Contract is subject to the provisions of ARIZ.REV.STAT.§38-511.The Town may cancel this Contractwithout penalty or further obligations by the Town or any of its departments or 2284003.1 30 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-127 agencies if any person significantly involved in initiating, negotiating, securing, drafting or creating this Contract on behalf of the Town or any of its departments or agencies is, at any time while the Contract or any extension of the Contract is in effect, an employee of any other party to the Contract in any capacity or a consultant to any other party of the Contract with respect to the subject matter of the Contract. 3.56 Contract Amendments.This Contract may be modified only by a written amendment signed by persons duly authorized to enter into contracts on behalf of the Town and the Contractor; provided, however, that Change Orders may be issued and approved administratively by the Town when such changes do not alter the Contract Price. 3.57 Provisions Required by Law. Each and every provision of law and any clause required by law to be in the Contract will be read and enforced as though it were included herein and,if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, the Contract will promptly be physically amended to make such insertion or correction. 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 Contract which may remain in effect without the invalid provision or 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 othercontemporaneouswritten 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 specifiedherein without the prior,written approval of the Town.The Contractoris responsiblefor performanceunderthis Contractwhether or not Subcontractorsareused. 2284003.1 31 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-127 3.63 Rights and Remedies. No provision in this Contract shall be construed, expressly or by implication,as waiver by the Town of any existing or future right and/or remedy available by law in the event of any claim of default or breach of this Contract.The failure of the Town to insist upon the strict performance of any term or condition of this Contract or to exercise or delay the exercise of any right or remedy provided in this Contract, or by law, or the Town's acceptance of and payment for Materials or Services, shall not release the Contractor from any responsibilities or obligations imposed by this Contract or by law, and shall not be deemed a waiver of any right of the Town to insist upon the strict performance of this Contract. 3.64 Attorneys'Fees. In the event either party brings any action for any relief,declaratory or otherwise, arising out of this Contract or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys'fees and reasonable costs and expenses,determined by the court sitting without a jury,which shall be deemed to have accrued on the commencement of such action and shall be enforced whether or not such action is prosecuted through judgment. 3.65 Notices and Requests. Any notice or other communication required or permitted to be given under this Contract shall be in writing and shall be deemed to have been duly given if (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. If to Contractor: Attn: or at suchother address,andto the attention of suchotherpersonor officer,as anypartymay 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 daysafterbeingplacedin the U.S.Mail,properly addressed,with sufficient postageor (C)the following business day afterbeing given to a recognized overnight delivery service,with the person giving the noticepayingall required charges and instructing the delivery servicetodeliveronthe following business day. Ifa copyof a noticeis also given to a party's counsel or other recipient,the provisions above governing the dateon which a notice is deemed tohavebeen received byapartyshallmeanandrefertothedateonwhichthe party,and not its counselor otherrecipientto which a copyof the noticemay be sent,is deemedto have receivedthenotice. 3.66 Overcharges bv Antitrust Violations.TheTown 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 theTownanyandall claimsfor such overcharges as to thegoodsand services usedto fulfill the Contract. 3.67 Force Majeure.Exceptfor paymentfor sums due, neitherparty shall be liableto the othernor deemed in default under this Contract if and to the extent that such party's performance of this Contract is 2284003.1 32 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-127 prevented by reason of force majeure.The term "force majeure"meansan occurrence thatis beyondthe control of the party affected and occurs without its fault or negligence.Without limiting the foregoing,force majeure includes acts of God;actsofthe public enemy;war;riots;strikes;mobilization;labor disputes;civil disorders;fire; floods;lockouts,injunctions-intervention-acts,or failures or refusals to act by government authority;and other similar occurrences beyond the control of theparty declaring force majeure which suchpartyis unable to prevent by exercising reasonable diligence.The force majeure shall be deemed to commence when the party declaring force majeure notifies theother party,in accordance with Section 3.65,of the existence of the force majeure and shallbe deemed to continue as longas the results or effects of the force majeure preventtheparty from resuming performancein accordancewith this Contract. Forcemajeure shallnot include the followingoccurrences: 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 Subcontractorunless the delay arises out of a force majeure occurrence in accordance withthis Section 3.67.Any delay or failure in performance by either party hereto shallnot constitute defaulthereunderor giverise to any claimfor damagesor lossof anticipated profits if, andto the extentthatsuch delayor failureis causedby force majeure.If eitherparty is delayedat any timein the progress of the Work by force majeure, then the delayed party shall notify the other party in accordance with Section 3.65andshallmakea specific reference tothis Section,thereby invoking its provisions.The delayed party shall cause such delay to cease as soon as practicable and shall notify the other party in writing. The time of Substantial Completion or Final Completion shallbe extended by written Contract amendment fora periodoftime equalto the timethat the resultsor effects of such delaypreventthe delayedparty from performingin 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 2284003.1 33 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-127 comply with the provisions of this Section by insertion of the requirements hereof in any subcontract pursuant to this Contract. 3.70 E-verifv Requirements.To the extent applicable under ARIZ.REV.STAT.§ 41-4401, the Contractor and its Subcontractors warrant compliance with all Federal immigration laws and regulations that relate to their employees and their compliance with the E-verify requirements under ARIZ.REV.STAT.§23-214(A). Contractor's or its Subcontractors'failure to comply with such warranty shall be deemed a material breach of this Contract and may result in the termination of this Contract by the Town. 3.71 Right to Inspect Plant.The Town may, at reasonable times,inspect the part of the plant or place of business of the Contractor or Subcontractor that is related to the performance of this Contract. 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 faults and defects and in conformance with the Contract.If at any time within one year following the date of Final Completion and acceptance of the entire Project (or such longer period as may be provided under warranties for equipment or Materials): (A) any part of the Materials furnished in connection with the Work shall be or become defective due to defects in either labor or Materials,or both,or (B)Contractor's Work or Materials,or both,are or were not in conformance with original or amended Plans and Specifications,or supplementary shop drawings,then the Contractor shall upon written notice from the Town immediately replace or repair such defective or non conforming Material or workmanship at no cost to the Town.Contractor further agrees to execute any special guarantees as provided by the Contract or required by law.Contractor shall require similar guarantees from all vendors and from all its Subcontractors.Contractor further agrees, upon written demand of the Town and during the course of construction, to immediately re-execute,repair or replace any Work that fails to conform to the requirements of the Contract,whether caused by faulty Materials or workmanship,or both. In the event Contractor shall fail or refuse to make such change upon the Town's written demand, the Town shall have the right to have such Work re-executed,repaired or replaced,to withhold from or back charge to Contractor all costs incurred thereby. 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 constructionshall 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 permitsrequiredfor the operationof thebusiness conductedby the Contractoras applicableto this Contract. 2284003.1 34 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-127 3.78 Patents and Copyrights.All Services,information,computer program elements,reports andother deliverables,which maybe patented or copyrighted and created under this Contract arethe property of the Town and shall notbe used or released by the Contractor oranyother person except withtheprior written permission of the Town. 3.79 Preparation of Specifications bv PersonsotherthanTown Personnel.All Specifications shallseek to promote overall economy for the purposes intended and encourage competition andnotbe unduly restrictive in satisfying the Town's needs.No person preparing Specifications shallreceiveany director indirect benefit from theutilizationof Specifications,other than feespaid for the preparationof Specifications. 3.80 Advertising.Contractor shall not advertise or publish information concerning this Contract without prior, written consent of the Town. 3.81 ConflictingTerms. In the event of any inconsistency,conflictor ambiguity amongthe termsof 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 subsection3.85(G) below, the alternative dispute resolution ("ADR") process provided for herein shall be the exclusivemeans for resolutionof claims or disputes arisingunder, relatingto or touchingupon the Contract, the interpretation thereofor the performanceor breach by any party thereto,includingbut not limitedto original claims or disputes asserted as cross claims,counterclaims,third party claims or claims for indemnity or subrogation,in any threatenedor ongoinglitigationor arbitrationwith thirdparties,if such disputes involveparties 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 informal hearing 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 2284003.1 35 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-127 Evaluatorbefore the hearing commences. Arbitratorsshall not participate in such informalhearing or proceedings process.TheNeutral Evaluator is notboundby therulesof evidence when admitting evidence in the hearing and may limit the length of the hearing, the number of witnesses or any evidence introduced to the extent deemed relevant and efficient. 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 subsection 3.85(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 arbitration in writing within three business days'of receipt of the Neutral Evaluator's decision. If the Contractor requests arbitrationor 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 required for the arbitration hearing. The Arbitration Panel shall review and consider the Neutral Evaluator decision,if any. The Chairman shall determine the nature and scope of discovery,if any, and the manner of presentation of relevant evidence consistent with deadlines provided herein and the parties'objective that disputes be resolved in a prompt and efficient manner. No discovery may be had of any materials or information for which 2284003.1 36 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-127 a privilege is recognized by Arizona law.The Chairman uponproper application shall issue such orders asmaybe necessary and permissible under law to protect confidential, proprietary or sensitive materials or information from public disclosure or other misuse.Any party may make application to the Maricopa County Superior Court to have a protective order entered as may be appropriate to confirm such orders of the Chairman. E. Hearing Days.In order to effectuate parties' goals, the hearing once commenced, will proceedfrom business day to business day until concluded, absent a showing of emergency circumstances. F. Award. The ArbitrationPanel shall, within ten calendar days from the conclusionof any hearing,by majority vote issue its award.The award shall include an allocation of fees and costs pursuant to subsection 3.85(M)herein. The award is to be rendered in accordance with this Contract and the laws of the State of Arizona. G. Scope of Award. The Arbitration Panel shall be without authority to award punitive damages, and any such punitive damage award shall be void. The Arbitration Panel shall be without any authority to issue an award against any individualparty in excess of twenty percent (20%)of the original Contractamount, but in no eventshall any award exceed $2,000,000,exclusive of interest,arbitrationfees, costs and attorneys' fees. If an award is made against any individual party in excess of $100,000, exclusive of interest, arbitration fees, costs and attorneys'fees, it must be supported by written findings of fact,conclusions of law and a statement as to how damages were calculated. Any claim in excess of twenty percent (20%)of the original Contract amount or in excess $2,000,000 shall be subject to the jurisdiction of the Superior Court of Arizona, Maricopa County. Any party can contest the validity of the amount claimed if an action is filed in the Superior Court. H. Jurisdiction. The Arbitration Panel shall not be bound for jurisdictional purposes by the amount asserted in any party's claim, but shall conduct a preliminary hearing into the question 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 days of entry of the award. The standard of review in such cases shall be that applicable to the consideration of a motion for judgment notwithstanding the verdict, and the Maricopa County Superior Court shall have the authority 2284003.1 37 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS2015-127 to confirm,vacate,modify or remand an award appealedunder this Section,but not to conducta trial,entertainthe 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, including without limitation the Arbitration Panelists'fee, and the prevailing party's reasonable attorneys' fees, expert witness fees and costs, will be paid by the non-prevailing party, except as provided for herein. In no event shall any Arbitrator's hourly fees be awarded in an amount in excess of $200 per hour and (1) costs shall not include any travel expenses in excess of mileage at the rate paid by the Town, not to exceed a one way trip of 150 miles, and (2) all travel expenses, including meals, shall be reimbursed pursuant to the travel policy of the Town in effect at the time of the hearing. The determination of prevailing and non-prevailing parties, and the appropriate allocation of fees and costs, will be included in the award 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 contractsshall also apply to the Contractor. It is the intentof theparties that any changesto this ADR provisionin later contracts will be evolutionary and designed to incorporate the terms of this ADR provision without material changesto the substance or procedure of this ADR provision. 2284003.1 38 2284003.1 EXHIBIT A TO INVITATION FOR BIDS NO.DS2015-127 [Specifications,Plans/Construction Drawings] See following pages. GENERALNOTESi.'.-."•.•:•:"•ui'::-.i-'•;ix-<!'0-.:i:•i.'..-.u".^,...rc'u-,-''i"i:>•^•..••-'.•n-i',••,iCT.-il-v.t-••€••;J-.•;•.•-<•*I'.-..'i:-!•.-,!»f;c-u\IU>-.-j'HOOn1;CCWTPC.:~i:o-<•KA!i»crauwtdinuttIOWM0a>.dCUWeunUU51KiKfOttsao»tau»«s:;_,.••,-.»>;••«••;•.<•.;"<'v.oa-.<-'.'.*«.rn:•-.._>m«>.verr..raCMPHO«o««>«v-auwaact.-A.«rx!-OF--»»YIKSat100'MONK.b.wi-cphx.'••:i--;-!-..*:ci«ct-maaxxaar.cewwai.t,tc;;u:!•:««••»wmam-,»iwn!r»»»;S«o[weak:-.:C!.3.U.I0--»;^.-<.r:f>•C5NTS.M''.-•)•-••i.-i-l'O>:XS«H*uf|Tatwt.Buitrw-ncaieoaaaK.mamatecsorpayment,.rei/«-mmr•MTBCM1&•JOT.STPATC.Yr-^.T.'V.nfAWMUtn-WMSl»:AOIT.TUOVJMWIC»»AtT-3Sttt«CS*.KHf>ti.OCAT.0*AKOWAOES-.:.J'.;™(!1*Xt?.A\oCUTTER 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-ij^»«A**AnCYi*AtRtEllVATltlfSTll/JAMOWPI5E»SCA»E«3»•sa>«MAAAMaionata«oiii»swsromKDp»o.3o»ccttocaw.itTOFHBM11eoawoeOATyviat».».eastorIAWCN'SIVaCAMEiHAWOAVCEEEV. ->633J0MlL0CA1IlI.vAT.ii,n»«».'J3TJEynn*ns7BASISOFBEARING.PVAINO704*£%•!_••'1100DEVELOPMENTSERVICESDEPARTMENTENTERPRISECOLONYDISTRICTALLEYPAVINGPROJECTPHASEIIISTATION1+2ST06+25PMAACIHO»»3o«t:rw.WA.miiMtti?oro ALLEYPROFILE,:s-,.CK1TWS0O»»lTT»SENTERPRISEBUSINESSCONDOMINIUMSBOOK968.PAGE43LOT6LOT7MtWti»^RAKYLOT12S-I5.JRICONSTRUCTIONNOTESfjjt"AtAUEY.PE»OfTA».5A«tT1n[jis*cumr«»-««fjjMOONPiXBAiu>it**PE»m.a.5.510.Ml.Wtype'S'Pi]sAneuT,pepcvE*A-tr-.ACtac/u«io»iiot[*]EtfMOPAVEWMT,1AAICVEltfV"s!emeu*ce-rtT»j<n«-*»ia.mpei>mac510 betam-j.rma*w—'rSLMTAH1*13SAA>fA«YtntltCTAICUIYOCSCK51AK>«B»*MTaalS.;5jAC-LSIEBSTWMACO.ToU»ACEr»J>UAI.STO«'«130»'OAKCa]peacertxocwpcotocpa»tiapoutoa«pa«aacv-toeastsT-fjciwn.(o«to» o 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EAST OFLAAATXTOa*CAJtOAAAMA&-Q.IELEV-IIXXrM.10CALEUVATAOAA•-SJM.I5-1Jt-C*77A<U7BASISOFBEARINGTXN1AK»tiJAC79HAr»AlPl»t«0t»AflOEOtAAATACAAH1$A»70rtAIXAtPiAT NO .&nooOSWtTOWNOFFOUNTAINHILLS,ARIZONADEVELOOUEWISERVICESDEPARTMENTENTERPRISECOLONYDISTRICTALLEYPAVINGPROJECTPHASEIIISTATION0+00TO3+00t*»»»,«"^ALtTVVSnrOACTMCAS-WOJttATE:'O-VA-1cm.pia.pk7T|[Saeet.fora AtE»IEMPCAAPY-CfASIlUXTONEASEMENTLOT8/•I-/LOT9j,Iillt-"5»«_/j'!I--MOWi»,I1imSKf-N"'SS.SB3K"N!>.EA-tUEIlULOTHLOT1013CONSTRUCTIONNOTES[•jrACAJaIY.PE»fX.'A*.SWEI5[Tj»"C0S9EEKP-KAP[JjP«CXEa4PA*PAuXYEtACtPtllHIACST5.OEt.J017>»t•»•[£jSAAOM.SlAAOME*SEPtACCAC/MATCHEOTr![»|«EtXSPAVtMEKt.tlATOAtWl(71AtuAc.itcsksirktsew*mm.perukc.sj„w,«jo..j.rYof»*pea—FOUNTAMX1SSANITUIYttSTWC?YACKTYOCSCTiStAAIEAAttMtOfTASS.g]ao*strxw-f»o<co.toeoam:pesuac.sraekt.*«ohl-«aai.fJl"ACE7"SECtXAPOSEOSPAAUtEEIKSIOctCA"PAymESfTTOCOT.*'*SRUCIUM:(,c«TOP-0.*UNE.AMA.SEs*cy«j[si e-yehucaeasmauoarm*Potuac5ft-.ccf.Jio-t.type-»•.match*•"'CWS1HK.(m«HSIJ10AlOAWJhochitoav-aWAtCH1V-JXAYE-A-»M«a){*']AUEYEMtnANCE«»«ACStt>.OEt.7.(0(KOOAAY..M.Ifj,ALLEYai*?.![tC!PLACEWAHAGEIKaKCETAtP-PAT(J--**!«J\AWPASBEIS*XAA.IIjiMXACi:'cpf>*es«"TH-cxmiirmx[2CHAM!00«A»i011H0ITlijil$»*£•>»CAAAS*SEALPAVEAAtNt$a**Y3:aliTYPE>XjyjTPAwatscwASP^Aitrot«o-»«mni(useREMOVALSIjJWLOCATtUTILItYCCXOUITOJtt»<:PavOaEKILAasR(»yCONmACTC«-(5)«m(m;cnsrirt:EJ»tc«ncy«A(JiATEUOVCCYASntCVAVEMEHT(?)SA^-JtarMMOStEHSTTAiGCTJ-ACP.ETEAWWAOl'YA»»rT..CA-~».V(>)HAJRTZON-Ai.SAWCUTEYTSHAaCCUAA&(f)MaOCATT»C««aB0mv*eaotx-vrnco.c rocovtp-PAOUtccRapeaLEGENDMEWPAVEAJIYATWfAOECOi«C*AY*-»APEY15TN;PAVEItEKtJjuni-iu;ccaacheye|;.";tJBWtSSULOH-O',;.suftvtYrirvAT-ott-.E-Y47t;.NT*AtLCYWYCPTCETVATSCAIOttiEPIA5*aAMI*SCAREtasE«OSEKEPUANXaEO)CSXATIOL'Tiv*mwsrcitucepaoSo«cir<rjw»<TTOFHBM11FOWAOft)AISPKlAt P«.EAST OfIAUKMTE»"'.T.Aa«HAWC»YSEEEV-!«»»EM.lOCAi.EJEVATWnHJ3KA9l»t.EEJO>77«9937BASISOFBEARINGAKZONAAPAAt.PlaIMO.SOSMAWs*iG>*r-or-*A*EKSTPAYEHlHtED5ENEWPA\TM1WT(YAXA*EWPAVEMENTiXtUCf.fm.mp-toriuEATSE.PAltUCNTCCNTtPLIAiEtYrtTPEJ.WPtCHTEXIVI»0*\if<KimPA4UEN1ttxxitrt««0«fSKtW«-726H100SB.JENTERPRISECOLONYDISTRICTALLEYPAVINGPROJECTPHASEIIISTATION3+00TO6+00!SCA>«.T--3S'CWK.»M.«n.JOPPCAXCTNO.MX' TYPICALREFUSEENCLOSUREPLAN[BYPROPERYOWNER)BYPROPERTYOWNERIFREQUIREDNOTE..Vftni»Hfa»**«,ASTAl(PitMAOSKTenMAoTa^aCHvofScottsdote2H6-1stand0fdOetoi|sJOT«14"««"YAikaCppcnttAppear*tTMcfcaMUCM.CamVr*AREFUSE ENCLOSUREBYPROPERTYOWNERIFREQUIRED<g>UNPAVEDEDGE®EXIST.A.C._j.J/'-6-R/Wa-M'-«"»/«.™—VARUS-j,jMAX.SLOPE'I.1JC|j\/""'(MSIRA81IMAX.slow,tc*""Sl-OUOESJ/-rA-C'i«•-»•jJl5AKCUTAMATCHR/»'\/E*SI-*'C-\^••--•'—"':--- -~v"•*'•'""""'^''^--^i•-'-"••a.-:-;-.\ \\ \TMicxEKEDEDOfLPf-R\~macstouf.r.201.r-ps:'9's\kay.a.O«-EIfiXUOVniWARS\6'COMPACT;!x..(CESRASUMAXSL3PE5SNAWCMATERIALIXVrWWAfiD)\HEWrD.C(UA»SHORT2:1)HE*»"COSSE.EKP-RAPWaESESLOPEISSltEFFRTHAN2:14 PESHAN(WAX. SLOPSIi)ALLEY -TYPICALSECTIONICAtiMXtp*CMU.<4ffl^TOWNOFFOUNTAINHILLS,[\Mk)ARIZONASJ^iiyDEVELOPMENTSERVICES0EPAR1MENTENTERPRISECOLONYDISTRICTALLEYPAVINGPROJECTPHASEHIDETAILSpjBa--r- 2284003.1 EXHIBIT B TO INVITATION FOR BIDS NO.DS2015-127 [Substitution/Equal Request Form] See following pages. SUBSTITUTION/EQUAL REQUEST FORM ALLEY PAVING PHASE III DS2015-127 Bidder hereby submits for Town's consideration the following product, instead of the specified item, for the above Project. Section Page Paragraph/Une 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: E.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: 2284003.1 Will substitution affect progress schedule? Yes No If Yes, explain: H. Will substitution require more license fees or royalties than specified product? Yes No If Yes, explain: I. Will maintenance and service parts be locally available for substitution? Yes 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. 2284003.1 For Town's Use Only: Accepted: Accepted: By: Remarks: B-2 Date: 2284003.1 EXHIBIT C TO INVITATION FORBIDS NO.DS2015-127 [Price Sheet] See following pages. PRICE SHEET ALLEY PAVING PHASE III DS2015-127 NOTE:All pricing blanks must be filled in.Empty or unfilled spaces in the Bid Price Sheet shall result in a determination that a Bid is non-responsive. Item No. Descriptionof Materialsand/or Services Qty.Unit Unit Price Total Price 1.Mobilization LS $$ 2.Stormwater Pollution Prevention Plan LS $$ 3.Survey &Staking LS $$ 4.Traffic Control LS $$ 5.Clearing and Grubbing LS $$ 6.3"AC Pavement (on 6"compacted in place material)2,860 SY $$ 7.Thickened AC Edge (MAG Det. 201, Type B)1,460 LF $$ 8.Decomposed Granite -3/4"Screened, Gold Color (Flat to 2:1)5,290 SF $$ 9.6" Cobble RipRap 225 SF $$ 10.2"- 4" RipRap Splash Pad 180 SF $$ 11.Remove &Construct Sewer Manhole (MAG Det.420-2,Type B)1 EA $$ 12.Adjust Sewer Cleanout (MAG Det.422)1 EA $$ 13.Alley Entrance (MAG Det.260)340 SF $$ 14.6" Vertical Curb & Gutter (MAG Det. 220, Type A)15 LF $$ 15.Sweep, Crackseal & Slurry Seal (Existing Alley)490 SY $$ 16.Sawcut and Remove Existing Concrete Slab 270 SF $$ 17.Sawcut Existing Asphalt Pavement 240 LF $$ 18.Remove Existing Asphalt Pavement 1,110 SY $$ 19.Remove and Replace Existing Curb &Gutter 40 LF $$ 20.Horizontal Sawcut 70 LF $$ 21.Relocate Utility Conduit 1 EA $$ 22.Signage Installation 1 LS $$ 23.Pavement Markings 1 LS $$ 24.Rough Grading and Export 1 LS $$ 25.Final Grading 1 LS $$ Subtotal $$ Owner's Allowance $20,000.00 $20,000.00 Total Construction Cost*$$ *ALL BIDS ARE PRESUMED TO INCLUDE ALL APPLICABLE TAXES.CONTRACTOR IS RESPONSIBLE FOR ENSURING THAT ALL MATERIALS CONTAINED IN THE PLa4NS FOR THE PROJECT ARE BID ON THE PRICE SHEET. 2284003.1 PRICE SHEET ALLEY PAVING PHASE III DS2015-127 NOTE:All pricing blanks must be filled in.Empty or unfilled spaces in the Bid Price Sheet shall result in a determination that a Bid is non-responsive. Item No. Description of Materials and/or Services Qty.Unit Unit Price Total Price 1.Mobilization LS $#55^$?55b.*d 2.Stormwater Pollution Prevention Plan LS $/f&.Stf $I93LM 3.Survey &Staking LS $2 94/).m $39°it>^ 4.Traffic Control LS $&tU.to $JUU.*» 5.Clearing and Grubbing LS $9£5»$##>' 6.3"AC Pavement (on 6"compacted in place material)2,860 SY $/g.SZ.*&s4tn.u 7.Thickened AC Edge (MAG Det. 201, Type B)1,460 LF $l.H $LUIMd 8.Decomposed Granite -3/4"Screened,Gold Color (Flat to 2:1)5,290 SF $/./y $(,.t>36Xo 9.6" Cobble RipRap 225 SF $*74/n $4/ft.*> 10.2"- 4" RipRap Splash Pad 180 SF $&l.?>(o $tfWV.fo 11.Remove &Construct Sewer Manhole (MAG Det.420-2,Type B)1 EA $576b.<x>$-77^'™ 12.Adjust Sewer Cleanout (MAG Det.422)1 EA $3/3.52?$211.5!) 13.Alley Entrance (MAG Det.260)340 SF $-7-141 $Zfffi.H* 14.6" Vertical Curb & Gutter (MAG Det. 220, Type A)15 LF $n-io $AGLbo 15.Sweep,Crackseal & Slurry Seal (Existing Alley)490 SY $5SI $AMLAD 16.Sawcut and Remove Existing Concrete Slab 270 SF $3,13 $ /$%$.id 17.Sawcut Existing Asphalt Pavement 240 LF $H-33 $t*3lZo 18.Remove Existing Asphalt Pavement 1,110 SY $3A%.$31<U>M 19.Remove and Replace Existing Curb &Gutter 40 LF $JLS.0%$1,001.20 20.Horizontal Sawcut 70 LF $t-xj $V5/.% 21.Relocate Utility Conduit 1 EA $XZfrM $Aft-* 22.Signage Installation 1 LS $3 53H-"$3,5W» 23.Pavement Markings 1 LS $6#7.*>$£A7.p* 24.Rough Grading and Export 1 LS $%#%.">$t.ttV* 25.Final Grading 1 LS $5,i%>.«>$5.7*0 •*> Subtotal $/27,5&*%tW$M»7t> Owner's Allowance $20,000.00 $20,000.00 Total Construction Cost*whjnti*%mf5u>ii> *ALL BIDS ARE PRESUMED TO INCLUDE ALL APPLICABLE TAXES RESPONSIBLE FOR ENSURING THAT ALL MATERIALS CONTAINED IN PROJECT ARE BID ON THE PRICE SHEET. 2284003.1 CONTRACTOR IS THE PLANS FOR THE 2284003.1 EXHIBIT D TO INVITATION FOR BIDS NO.DS2015-127 [Federal Requirements] See following page. Not applicable to this Project. 2284003.1 EXHIBIT E TO INVITATION FOR BIDS NO.DS2015-127 [Licenses;DBE/WBE Status] See following page. LICENSES;DBE/WBE STATUS ALLEY PAVING PHASE III DS2015-127 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 . If yes, please provide details and documentation of the certification. 2284003.1 2284003.1 EXHIBIT F TO INVITATION FOR BIDS NO.DS2015-127 [References] See following page(s). LICENSES;DBE/WBE STATUS ALLEY PAVING PHASE III DS2015-127 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 X . If yes,please provide details and documentation of the certification. 2284003.1 IMPORTANT NOTICE YOU MUST: REPORT DISASSOCIATION OF QUALIFYING PARTY IN WRITING WITHIN 15 DAYS. [SEE A.R.S.§32-1154(A)(19)AND §32-1151.01] REPORT A CHANGE OF ADDRESS IN WRITING WITHIN 30 DAYS. (SEE A.R.S.§32-1151 (B)(1)] REPORT ANY TRANSFER OF OWNERSHIP OF 50%OR MORE IMMEDIATELY. [SEE A.R.S.§32-1151.01] REPORT ANY CHANGE OF LEGAL ENTITY SUCH AS ANY CHANGE IN THE OWNERSHIP IN SOLE PROPRIETORSHIP OR CHANGE OF A PARTNER IN A PARTNERSHIP OR THE CREATION OF A NEW CORPORATE ENTITY. [SEERULER-4-9-110] Alliance Streetworks Inc PO Box 18247 Munds Park,AZ 86017-8247 THIS IS YOUR IDENTIFICATION CARD DO NOT DESTROY 4 LICENSE EFFECTIVE THROUGH:07/31/2015 STATE OF ARIZONA Registrar of Contractors CERTIFIES THAT Alliance Streetworks Inc CONTRACTORS LICENSE NO 256751 class A General Engineering THIS CARD MUST BE PRESENTED UPON DEMAND DIRECTOR./ARIZONA REGISTRAR OF CONTRACTORS ARIZONA DEPARTMENT OF REVENUE LICENSE &REGISTRATION SECTION 1600 WEST MONROE PHOENIX,ARIZONA 85007-2650 TRANSACTION PRIVILEGE TAX LICENSE -NOT TRANSFERABLE- EFFECTIVE DATE September 1,2012 The licensee listed below is licensed to conduct business upon the condition that taxes are paid to the Arizona Department of Revenue as required under provisions of A.R.S. Title 42,Chapter 5, Article 1. Issued To: 1300033221965 ALLIANCE STREETWORKS INC PO BOX 18247 MUNDSPARK AZ 86017 Location:ALLIANCE STREETWORKS INC 3905 OLD HIGHWAY 279 CAMP VERDE AZ 86322 20984101 ALL communications and reports MUST REFER to this LICENSE NO. BUSINESS CLASS 015 Contracting-Prime PROGRAM CITIES CAMP VERDE This License is issued to the business named above for the address shown.Licenses,by law,cannot be transferred from one person to another,nor can theybe transferred from one location to another.Arizona law requires licensees to notify the Department of Revenue if thereisa change in business name,trade name,location,mailing address,or ownership.In addition,when the business ceases to operate or the business location changes and a new license is issued, this license must be returned to the Arizona Department of Revenue. According to R15-5-2201,licensemustbe displayed ina conspicuousplace. 2284003.1 EXHIBIT G TO INVITATION FOR BIDS NO.DS2015-127 [Bid Bond] See following page. REFERENCES ALLEY PAVING PHASE III DS2015-127 Provide the following information forthree clients forwhomBidderhas successfully completed similar projects as set forth in Section 2.16 within the past 60 months. Failure to provide three accurate and suitable references will resultin disqualification. Bidder may also attach another sheet with additional references. Company: Address City/State/Zip Code Contact: Telephone Number: Date of Contract Initiation: Date of Contract Expiration: Final Project Cost: Project Description: Company: Address City/State/Zip Code Contact: Telephone Number: Date of Contract Initiation: Date of Contract Expiration: Final Project Cost: Project Description: Company: Address City/State/Zip Code Contact: Telephone Number: Date of Contract Initiation: Date of Contract Expiration: Final Project Cost: Project Description: 2284003.1 f/l£sce>rr f vVAft /?z 8/„ZD<r ft£/c An.Sr/?0j$/cr 9M-171-3123 3/2-1/y 5/zu>ilJ >AJyUw*f?, <Z3BI flu-JLkrK,<5T&etzT £SL*/H CfiecA/T^Wrt»&rK.ur/Ave G+°SttoefcflHs - !Z*aA -X'tKyroacneA/rS &n*l GiLULrdauL *ZsK.f?r0u£0l&rfs ITU/>P d*7T*f<juj*0h -fcLbhej ld/9rkS Alf/:. iTr0A>lo/9/?Kf Az d&30£ Note--iv£fit$0 lib ion.grzeer ikf&>v&AieA/T5 ;^/3 2284003.1 EXHIBIT H TO INVITATION FOR BIDS NO.DS2015-127 [Key Personnel/Subcontractor Listing] See following page. KEY PERSONNEL/SUBCONTRACTOR LISTING ALLEY PAVING PHASE III DS2015-127 Key Personnel and Subcontractors listed herein shall be utilized on this Project. Category:Personnel/Subcontractor Name,Contact Information: 2284003.1 BID BOND ALLEY PAVING PHASE III DS2015-127 KNOW ALL PERSONS BY THESE PRESENTS: THAT,(hereinafter called Principal), as Principal, and , a corporation organized and existing under the laws of the State of with its principal office in the City of , (hereinafter called the Surety),as Surety, are held and firmly bound unto the Town of Fountain Hills, (hereinafter called the Obligee) in the penal sum of Ten Percent (10%) of Bid Amount,(Dollars) ($) lawful money of the United States of America, to be paid to the order of the Town of Fountain Hills, 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 and in conformance with A.R.S. Section 34-201. WHEREAS, the Principal has submitted a bid/proposal for:. NOW, THEREFORE, if the Obligee accepts the proposal of the Principal and the Principal enters into a Contract with the Obligee in accordance with the terms of the proposal and gives the Bonds and Certificates of Insurance as specified in the Standard Specifications with good and sufficient surety for the faithful performance of the Contract and for the prompt payment of labor and materials furnished in the prosecution of the Contract, or in the event of the failure of the Principal to enter into the Contract and give the Bonds and Certificates of 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 and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by the proposal then this obligation is void.Otherwise it remains in full force and effect provided,however,that this Bond 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 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 . 2284003.1 Principal Seal By: Surety Seal By: Agency of Record 2284003.1 EXHIBIT H TO INVITATION FOR BIDS NO.DS2015-127 [Key Personnel/Subcontractor Listing] See following page. Bond No.ALLST-63 BID BOND ALLEY PAVING PHASE III DS2015-127 KNOW ALL PERSONS BY THESE PRESENTS: THAT,Alliance Streetworks,Inc.(hereinafter called Principal),as Principal,and North American SpecialtyInsurance Company , a corporation organized and existing under the laws of the State of NewHampshire with its principal office in the City of Manchester ,(hereinafter called the Surety),ns Surety. are held nnd firmly bound unto the Town of Fountain Hills,(hereinafter called the Obligee)in die penal sum of Ten Percent(10%)of Bid Amount.Ten Percent ofAmount Bid (Dollars)($10%ofAmount Bid)lawful money of the United States of America, to be paid to the order of the Town of FountainHills, 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 and in conformance with A.R.S. Section 34-201, WHEREAS,die Principal has submitted a bid/proposal for: Alley Paving Phase III,DS2015-127 NOW,THEREFORE,if the Obligee accepts the proposal of the Principal and die Principal enters into a Contract with the Obligee in accordance with the terms of die proposal and gives the Bonds and Certificates of Insurance asspecifiedintheStandard Specifications withgoodandsufficientsuretyforthe faithful performance of theContractand for the promptpayment of laborand materials furnished in die prosecution of the Contract,or in theevent of the failure of the Principal to enter into the Contract and give the 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 and such larger amount for which the Obligee may ingood faith contract with another party to perform the Workcovered bythe proposalthen this obligation isvoid. Otherwiseit remainsin full force and effect provided,however,that this Bond 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 ifitwere copied at length herein. The prevailing party ina suit on this bond shall recover as part of die judgment reasonable attorney fees thatmaybefixedbyajudge of theCourt. Witness ourhandsthis 29th dayof _January 2015 . Alliance Streetworks.Inc. 2284003.1 Principal North American Specialty Insurance Company Surety c^-^_^—SeaI By^_ "^ArturoAyala,At__Mpey-in-Fact Commercial Surety Bond Agency Agency ofRecord CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Anotary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. } STATE OF CALIFORNIA County of Orange On 1/29/15 before me, Susan Pugh ,Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Arturo Ayala SUSAN PUGH COMM.91934229 Notary Public-California ORANGE COUNTY flyComm E^pirr:s Apr 29.2U15 Place Notary Seal Above Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/atre subscribed to the within instrument and acknowledged to me that he/sbis/tfoey executed the same in his/toeK/tlw authorized capacity(ias), and that by his/hBitfthBJr signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s) acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature V^/k/k<2^a/t_, Signature ofNotary Public Susan Pugh OPTIONAL Though the information belowis not required by law,it may prove valuable topersons relying onthe document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document:Bid Bond Document Date:1/29/15 Signer(s)Other Than Named Above:None Capacity(ies)Claimed by Signer(s) Signer's Name:Arturo Ayala •Individual • Corporate Officer—Title(s): •Partner • Limited •General 0 Attorney inFact •Trustee •Guardian or Conservator •Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER Topof thumb here Number of Pages:One Signer's Name: •Individual •Corporate Officer —Title(s): •Partner • Limited •General D AttorneyinFact •Trustee •Guardian or Conservator •Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER Topof thumb here Bond No.ALLST-63 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS.THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester. New Hampshire,and Washington International InsuranceCompany,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg,Illinois, each does hereby make,constitute and appoint: DANIEL HUCKABAY.ARTURO AYALA.ANDREW WATERBURY. and DWIGHT REILLY JOINTLY OR SKYlkAI LY Its true and lawful Attorncy(s)-in-Fact.to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the natureof a bondon behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law. regulation,contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the am0Unl ot:FIFTY MILLION ($50,000,000.00)DOLLARS this Powerof Attorney isgrantedand issigned by facsimile underand bythe authority of the following Resolutions adoptedbytheBoardsof Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9th of May,2012: "RESOLVED,that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be. and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in thegiven Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company: and it is FURTFIER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relatingthereto by facsimile,and any such Powerof Attorney or certificate bearing such facsimile signatures or facsimileseal shall be binding uponthe Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." M3?SEAL '" 1%1973 $U==•. By Steven P.Anderson.Senior Nice President or Washington Inle &Senior Nice President of North American Specialty Ins By '^^p^r national Insurance Company ranee Company David M.I.a; &Vice P nan,vice President ofWashington International Insurance Company iSldent of North American Specialty Insurance Company <f!X seal'w*?:«m\ %1\!S?M IN WITNESS WHEREOF.North American Specially Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this'ltn day of Julv .20 H North American Specialty Insurance Company Washington International Insurance Company State of Illinois Countv of Cook On this 1Hh day of July 20 j__,before me,a Notary Public personally appeared Steven P.Anderson .Senior Vice President of Washington International Insurance CompanyandSenior Vice President of North American Specialty Insurance Company and David M.Layman Vice Presidentof Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me.who beingby meduly sworn,acknowledged that theysignedthe above Powerof Attorney as officersof and acknowledged said instrument to be the voluntary act and deed of their respective companies. 1.Jeffrev Goldbcra .the duly elected Assistant Secretary OFFICIAL SEAL"i 4DONNAD.SKLENS 1 Notary Public, Slate of Illinois ' MyCommission Expires 10/06/2015 ' 1w »'•m W v &yvw jU ^JJeA^o Donna D.Sklens.Notarv Public _of North American Specialty Insurance Company and Washington International Insurance Company,do herebycertifythat theaboveand foregoing isa trueandcorrectcopyof a Powerof Attorney givenbysaidNorth American Specialty Insurance Company and Washington International Insurance Company,which isstillin full force and effect. IN WITNESS WHEREOF,I haveset my handandaffixedthesealsof the Companiesthis 29th dayof // January , 20 •5 Jeffrey Goldberg,VicePresident&AssistantSecretaryof Washington International Insurance Company&North American Specialty Insurance Company KEY PERSONNEL/SUBCONTRACTOR LISTING ALLEY PAVING PHASE III DS2015-127 Key Personnel and Subcontractors listed herein shall be utilized on this Project. Category:Personnel/Subcontractor Name,Contact Information: 2284003.1 2284003.1 EXHIBIT I TO INVITATION FOR BIDS NO.DS2015-127 [PerformanceBond] See following page. PERFORMANCE BOND ALLEY PAVING PHASE III DS2015-127 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 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 . 2284003.1 Principal Seal By: Surety Seal By: Agency of Record 2284003.1 EXHIBIT J TO INVITATION FOR BIDS NO.DS2015-127 [Payment Bond] See following page. PAYMENTBOND ALLEY PAVING PHASE III DS2015-127 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 Subcontractorsin 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, ArizonaRevised Statutes,and all liabilitieson this bond shall be determined in accordancewith the provisions, conditionsand limitationsof Title 34, Chapter 2, Article 2, Arizona Revised Statutes,to the same extent as if they were copied at length in this agreement. The prevailingparty in a suit on this bond shallrecover as a part of thejudgment reasonableattorneyfees that may be fixed by a judge of the Court. Witness our hands this day of , 20 . 2284003.1 Principal By: Seal Surety Bv: Seal Agency of Record 2284003.1 EXHIBIT K TO INVITATION FOR BIDS NO.DS2015-127 [Acknowledgments of Addenda received] See following page(s). 2284003.1 EXHIBIT K TO INVITATION FOR BIDS NO.DS2015-127 [Acknowledgments ofAddenda received] See following page(s). TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT INVITATION FOR BIDS ALLEY PAVING PHASE III Addendum No.1 Date:January 27, 2015 From: Paul Mood,Town Representative Subject:Addendum No. 1 to Solicitation No.DS2015-127 Bid Deadline:February 5,2015;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 modifications to Exhibit A (Specifications,Plans/Construction Drawings)for the Invitation for Bids No.DS2015-127 released on January 7,2015. ADDENDUM 1.Exhibit A (Specifications,Plans/Construction Drawings)is deleted in its entirety and replaced with the Specifications,Plans/Construction Drawings attached hereto as Exhibit 1 and incorporated herein by reference. 2305363. 2305363.1 EXHIBIT 1 TO INVITATION FOR BIDS NO.DS 2015-127 [Specifications, Plans/ConstructionDrawings] See following pages. 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*PERroUNTAINAflLLSSANITARYOSTAAcrAACtJTYOL'SiCNSTANOAATOSftDCTA4Sr«A;AOJUS'OCST.SEWfRCO.TOSRACCPERMAS.STB.BET.AJ2OREOUAl!_»jALLEYENTRANCEPERM.A.CSTD.OCT.JSO<UCC«Tr-MATCHAUI-aSLOPE)F<ijPLACEDRAKACEP/JNOfTA5P-RAP«"-»"!SP-.ASHPAaCE10WWAILORAWACE~'CPENEMCS*"THICK1118'WOE[mJoiAOfroorainnwNorr.Ft]SWEEPftCHAD*SEALPAVIMLNI-SLUifflYMAi(lAAlI).:;7TRANSITIONASPHALTToEXKTKCROLLCURBREMOVALS(j)RELOCATEUTILITY00N0UT£iaCONTRACTOR(?)REMOVEEOSIWCCONCRETECURS(j)REMOVEEAKIINCPAVEMENT0SAWCUT4REMOVECMSTKCCONCRETEPROMALLEYRrCHT-OF-WAYg)HCHIEOHTAlSAWCUTEYJ3M0CURB(t)RELOCATEMULDERS(*)RE3PREA0CXISflNG0aTOCOVERSHOULDERA"IEALEGEND!mPiGM7-0f-**Vta%r.ft.*MCNTtXXXH£WP>*M£NTCDCE--••-•-Nt*PAWANICIUKURIAHPROFILE-mST.F-MfUfNTCrNTRlKtxrcr.*ow.*.Crf»sas'.R.o.w.u*;it*PA\£MlM1(DCtULfl*rWCMTCJEDCDNEWPAVEMENTNEWDECOMPOSEDCRANITENEWPJP-flAPCttSTnCPAVEMENTEH5TMCCONCRETECMSTWCBULDfiGSURVEYELEVATIONSNCWALLEYWVERTELEVATIONTEIEPHCS*RISERCAOLERISERSEW/RMAAWKHf.ORCLfANRA»TKANtfUHMHPAUDIRtCTTVCASK'TOFHBM11ITJUNOBOAT3KEAT 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o.w.line,whew:wown;?i|alleyentranceperm.a.6.std.cctieoamoopymatchalleyslope)h'SplaceDRAinaceRUNcrrpjp-rap(?"<•)splashpadsnowi-aPENMOSA"THICKa!»•WOE[i!jORACAETODRAWRUNnT.{TJfjSYCEPftCRACKSEALPAVEMLN!SLURRYSEAL(TYPE»)[Vj]TRAH9HC*ASPHALTTOEnSTMSSal.CURDREMOVALS'3RELOCATEUTILITYOCHOUITOUTSIDEPAVEMENTUNITSajyCONTRACTOR)(5)REMOVECXSTMOCONCRETECVFO(!)REMOTEEXISTMCPAVEMENT(V)SAWCUTftREMOVEEXISHM;COKCNi1TKOMHUTRIGHT-CA-WAY(!)HORIZONTALSAWCUTEnSTiNCCURB©RELOCATEEWULDERS(?)RESPftfAOEXISTW4G0.0.TOCO*RSHOULDERAREALEGENDj^right-of-way£mst.pavementedo£WWPAtEMENTECACENEWPAVEMENTORAOtBREAKPROfllf.E»SEPAtCUCNlCENiePlWEE»ST.R.CLWRlCHTtxisr.sow.iirr<'"—•»NEWPAVEMENTEOOE LETT ftr»|. |WWPAVfAAfNTfT,''1"™DECOMPOSEDCRANITENTWR3P-RAPf~~jEAOS««PAVEMENTiIEXtSTMOCONCRETEEKSMCBLMONSSURVEYELEVATIONSt-ISAM*.(JEWALLEYINVERTELEVATION1,TELEPHONERISER•2CAOLXRISER5-SEWERWAHHOLLOKOU'ANOUTjsjTRANSFORMERPADBDIRECTTVCASRCTTQFHBM11AHH.LOCALELEVATXX.NJMC*13315EJ0»>.e»S7BASISOFBEARING1100OSWWENTERPRISECOLONYDISTRICTALLEYPAVINGPROJECTPHASEIIISTATION3+00TO6+00,30|t^,..MA-PROJECT NO.SSOCJIDAIE:10-KA-K BYPROPERTYOWNERIFREQUIREDJT**.CityofScoUsdote12146-1standordDetoiis.* •t'TMt*tioc—.CM"0*C«UA«M./»"•%*.<••IAWW.0*CjiiiiIMtATWAAnxatxsueX*MMACAKWISUp>WM<*Mold**1,M""M---V.CtUttcvww#/«*•r.!.«».*REFUSE ENCLOSUREr>ABYPROPERTYOWNERIFREQUIRED<H>UNPAVEOEDGE'»PA.lUfNI•5PAVtUtATe>EXIST.A.C,-A-VAR-fS-'—-=:f7VSi*0.!A,UlTf...T^r^w*roc(maxslope2>sne**"ropo.t«*>..»aaiWAitAiSLOPC.SSTltPt1'tMAN«>.IftItAiFLAK(UA»ULVPfi••;^-^.__.ALLEY-TYPICALSECTION/'!'ASPHALTrONCK^TrTiwir^TErTT^BHAUIBE3"AcITnVCOMPACTED^^N\NATIVEMATERIAL,PERCITYOPPHOENIXMJP.'LEMC-.aTTOMAGUNifOfM^SSTANDARDSPEC,SECTION;m.;3/-V'MIX),._./ff£W\.T0WNOFFOUNTAINHILLS,Ufftffi)ARIZONAiC'.&fj/OEVElOPUENTSERVICESDEPARTMENTmay'i,'.Vi•:ixr.o*w>»Ai»f;fDE.S»A«UVAXAJA>T£«L-'OWNWAR^ENTERPRISECOLONYDISTRICTALLEYPAVINGPROJECTPHASEIIIDETAILSPROJECTNOSAOOJSCALE.W./A[a^tET~~i""o>*" TOWN OF FOUNTAIN HILLS ACKNOWLEDGMENT OF ADDENDA RECEIVED INVITATION FOR BIDS ALLEY PAVING PHASE III DS2015-127 Addendum No.1 A/-/.7kti(LE~'5Tlt6£TU)D/l/<(7 Xa/C.affirms that ADDENDUM No.1has been (Name of Vendor/Designee) received and that the information contained in ADDENDUM No.1 has been incorporated in formulating the Vendor's Offer. j/CJi^/Jr^^fc&tLwAJl 5 Signed Date Print Name Title mpany Name gf^5 0l&thvc)2yg idress7Address d/bufi ik/us ,Az-&3*2^ City, State, Zip Code END OF ADDENDUM No.1 2305363.1 2015 TOWN OF FOUNTAIN HILLS COLONY DRIVE &ENTERPRISE DRIVE ALLEY PAVING PROJECT -PHASE 3 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:2/19/2015 Meeting Type:Regular Session Agenda Type:Regular Submitting Department:Community Services . .♦,.-"; Staff Contact Information:Mark Mayer mmayer@fh.az.gov 480.816.5190 Strategic Planning Goal:Not Applicable (NA)Operational Priority:Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language):Consideration of approving the request by the Public Art Committee to accept a donated sculpture titled,"My Buddy"for placement in Fountain Park Applicant: Applicant Contact Information: Property Location: Related Ordinance,Policy or Guiding Principle:Public Art Master Plan Staff Summary (background):The Public Art Committee is requesting that the Town accept the sculpture titled "My Buddy"for placement in Fountain Park.The artist is Victor Issa and has a value of $15,000. Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs;budget status):There will be an annual cost of $64.50 to insure the piece 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):Staff is recommending acceptance of the sculpture and its placement in Fountain Park as requested List Attachment(s):Letter from Public Art Committee Chair Sandi Thompson,picture of the sculpture,and a site map of the proposed location SUGGESTED MOTION (for council use):Approve the request by the Public Art Committee to accept a donated sculpture titled, "MyBuddy" for placement in Fountain Park Page 1 of 2 Prepared by: Oy?uyj Naficy\yValter,Corpfnunity Srvcs Exec Asst 1/26/2015 Director's Approval: (V^g,C <v» Mark Mayer,Community Services Director/1/26/2015 Approved: Ken Buchanan,Town Manager 2/10/2015 proved:s-^. n Buchanan,Town Manager Page 2 of 2 FOUNTAIN HILLS CULTURAL & CIVIC ASSOCIATION Post Office Box 1 8254 Fountain Hills,AZ 85269 January 25,2015 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 a sculpture entitled "My Buddy"by Victor Issa.The dimensions are approximately 37" high x 47" long x 17"deep. This piece has an insured value of $15,000.It is being donated by Linda Murphy and her siblings in honor of their Mother who lives in Fountain Hills. We are recommending the piece be placed in Fountain Park in the garden adjacent to El Lago near the Park wall.This acquisition has been approved by the Public Art Committee and 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, Sa/idi {Tffompaaa Sandi Thompson Chair,Public Art Committee FHCCA .•-'•:1V- uuiuuei i,zuuo FOUNTAIN PARK 12925 N SAGUARO BLVD ACTIVITY ARFA5 PLAYGROUND ACTIVITY AREA ROTARY SPLASH PAD GREAT LAWN SLAND VISTA PERFORMANCE PAD SHADED HILLS REO YUCCA LAWN GOLDEN BARREL LAWN VETERAN'S MEMORIAL RED YUCCA RAMADA - 2 STD.TABLES - 1 HANDICAP TABLE -- 1 BBO GOLDEN BARREL RAMADA - 2 STD TABLES -I HANDICAP TABLE - 1 BBO Built in 1970,Fountain Hills World Famous Fountain draws from a 33 acre,million gallon lake and reaches a height of 330 ft. with two pumps for 10 minutes on the hour from 9am to 9pm daily. On special occasions the fountain can attain 560 ft.with all three pumps running.In the event winds exceed 10 mph the fountain will automatically shut-down. NOTE: ALL RAMADAS ARE LIT AND HAVE ELECTRICAL OUTLETS Art sites can be added to the new west lake path. TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:2/19/2015 Meeting Type:Regular Session Agenda Type:Regular Submitting Department:Community Services Staff Contact Information:Mark Mayer - (480)816-5190 /mmayer@fh.az.gov Strategic Planning Goal:Not Applicable (NA)Operational Priority:Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of Awarding a contract for Fountain Park Phase VI Improvements in the amount of $697,280 to Nickel Contracting Applicant:N/A Applicant Contact Information:N/A •\- Property Location:N/A Related Ordinance,Policy or Guiding Principle:Fountain Park Master Plan Staff Summary (background):Phase VI in the final phase of improvements planned for Fountain Park under the existing Master Plan for the park adopted in 1999.Major items included in the scope of work will be the reconstruction of the existing east parking lot and the additon of lighting. Low level lighted ballards will be installed along the inner walk in the park and several park monuments signs will be installed on the perimeter of the park indicating to visitors that they are at Fountain Park.Electrical upgrades will be made at the amphitheater. Phase VI was advertised in both the Fountain Hills Times and Arizona Business Gazette with a bid opening that took place on Monday,January 12,2015.Eight bids were received.The lowest responsible bid was from Nickel Contracting. The bid included $688,280 for the base bid and $7,300 for alternative number one and $1,700 for alternative number two. Bid alternative number one is for the removal and replacement of the handicapped ramp by the splash pad to widen the opening to better accommodate trucks.Bid alternative number two is to make the electrical connection from the new sidewalk bollards to the new Legacy Plaza for a combined bid of $697,280 Both staff and the project architect from DLR Group,Inc.have reviewed the bids and are recommending acceptance of the bid from Nickel Contracting.References were also checked and each of them responded positively to the questions regarding Nickel Contracting. Workwould begin on or about March 2 and would take up to four months to complete which would be June 22. The east parking lot would be used during construction as the staging area for the contractor.Work will be completed while working around the various special events in the park and also working to minimize disruption to the daily users of the park. Risk Analysis (options or alternatives with implications): N/A Fiscal Impact (initial and ongoing costs;budget status):$1,394,750 currently available inthe CIP Budget Reference (page number):Pgs.322 and 323 Page 1 of 2 Funding Source:Capital Projects Fund 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 bid and awarding of the contract List Attachment(s):Bid tab sheet SUGGESTED MOTION (for council use):Motion to Approve a contract with Nickel Contracting in the amount of $697,280 for Phase VI Improvements,including alternates #1 and #2. Prepared by: Mark Mayer,CommunityServices Directory 2/5/2015 Director's Approval: Mark Mayer\Community Services DirectoY 2/5/2015 Approi Ken Buchanan,Town Manager 2/12/2015 oproyed:-.^f "N sn Buchanan.Town Manager Page 2 of 2 :><;O Co r-O -1CO r-O Z 03 rjrj -n tiOJcera•<50 O s O O S 0 0w>QJ3 n0 n0 r>0 ^GL Dm c co33OOO31/1i-h 3 3 0c3 r>03 73CO a-^.^.3-(/i c c r-l-OJ c ^^00 •n r+O n 3*atn Q)I TJ0r*3"Or-to"3 O3m O33 03p-r-n03inr+r+3*erar- arkPhasills,AZtion I-I-O 3003*p r>CO r-n(D O CDro3O)3qq 3n3 p Offer Sheet Price Sheet Copy of Contractor's License References Bid Form Bid Bond Key Personnel /Subcontractors List Performance Bond Payment Bond Non-Collusion Affidavit r- c W <A 3 (-»M •LO-w -CO-•co -co-w T3 ID 00 00 co ^•J <X> M O O CO CO 0 M CO CO CT1 *%J 00 cu en »sj cx>00 C O 00 3tn-nJ cn 0 J*NJIDOOCn$>0 O 00 O O b O b 00 b 0 b CO 00 O b CD CD CflID ID O O 0 0 0 0 l-»0 CD CD Alternate No.1 CD Accessible Ramp ©Southwest Parking Lot LRProjecBidDateTime:3:0 °<-; 3 g P Alternate No.2 Electrical Tie-in for Future Plaza Lighting 30-14113-0ary12,201.LocalTim 1 1 I ro en 0 v TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT INVITATION FOR BIDS FOUNTAIN PARK PHASE 6 IMPROVEMENTS 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: CS 2015-101 November 12,2014 Nov.12 &19,2014 -Fountain Hills Times Nov.13 &20,2014 -Arizona Business Gazette December 8,2014 December 1,2014 3:00 p.m.(local time,Phoenix,Arizona) Fountain Hills Town Hall Fountain Conference Room 16705 East Avenue of the Fountains Fountain Hills,Arizona 85268 January 12,2015 3:00 p.m.(local time,Phoenix,Arizona) January 12,2015 3:00 p.m.(local time,Phoenix,Arizona) Mark Mayer,CPRP MMaver(fi)fh.az.gov Bid Deadline: Bid Opening: Town Representatives: In accordance with the Town of Fountain Hills Procurement Code,competitive sealed Bids for the services specified herein willbe received by theTownClerkat the TownClerk's Officeat the above-referenced location until thedateand 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 priorto, the Bid Deadline date. Late Bids shall notbe considered except as provided inthe Town Procurement Code. Bidsshallbe 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. Plansand Specificationsmaybe obtainedat theTown of FountainHillswebsite: http://wvvvv.l1i.az.aov/availablc-bicls.aspx *The Town of Fountain Hills reserves the right to amend the solicitation schedule as necessary. 2246004.3 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS 2015-101 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 as set forth in this Invitation For Bids ("IFB"),the Contract formed hereby (as defined below)and any amendments thereto,together with all Exhibits,Specifications,Plans and other documents included as part of this Contract (the "Contract Documents"). Arizona Transaction (Sales)Privilege Tax License Number:07-500230Z Federal Employer Identification Number:86-0789492 NTOCT.F r.ONTK AG.TTNG.TIG Contractor Name 6267 S.157th WAY Address GILBERT.AZ 85298 City State Zip Code For Clarification of this Bid contact: Name:CURT EASTON Telephone:602-920-6123 Facsimile:480-545-0554 Email:CTTRTffinirkWnntrarting rnm uthorized Signature for Contractor Printed Name O Title ACCEPTANCE OF OFFER AND NOTICE OF AWARD (FOR TOWN OF FOUNTAIN HILLS USE ONLY) Effective Date:Contract No. TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Kenneth W.Buchanan,Town Manager ATTEST: Bevelyn J. Bender, Town Clerk 2246004.3 Official File: APPROVED AS TO FORM: Andrew J.McGuire,Town Attorney TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS 2015-101 ARTICLE I -DEFINITIONS Forpurposesofthis Invitation for Bids,the followingdefinitionsshallapply: 1.1 "Bid" or "Offer" meansa 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 portionof a Bid,proposal,Offer,Specification or protest thatcontains 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 Supplement to the MAG Uniform Standard Specifications and Details for Public Works Construction. 2246004.3 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS 2015-101 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,equipment andother material usedand/or consumed inthe performance ofthe 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 specifically been designated to act as a contactpersonto the Bidders and/orContractorrelatingto their IFB. 1.19 "Procurement Agent" means the Town Manageror authorizeddesignee. 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" meansthe furnishingof labor,time or effort bya Contractor,not involvingthedelivery of a specificend productother than reports whichare merely incidental to the requiredperformanceand 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. 2246004.3 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS 2015-101 ARTICLE II -BID PROCESS:BID AWARD 2.1 Purpose/Scope of Work. The Work included in this Project consists of completing the final phase of development for Fountain Park under the existing Master Plan. Remaining improvements to Fountain Park include (A) renovation of the east parking lot with lights, (B) low level lighting of interior and exterior sidewalks, (C) monument signage and (D)amphitheater area lighting and staging for day and evening events. The Town is issuing this IFB is to secure a qualified General Contractor to perform the Work and provide Materialsas more particularlydescribed in the Specificationsattached hereto as ExhibitA, and incorporatedherein by reference.Bidders must submit Bids encompassing the entire Project, inclusive of the related Plans and/or Construction Drawings. Failure to do so may result in a determination that the Bid is non-responsive. 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 process for the Project specified in this IFB.Bidders shall review their Bid submissions to ensure the following requirements are met. A.Irregular/Non-responsive Bids. The Town will consider as "irregular"or "non- responsive"andshall reject any Bidnot prepared and submitted in accordance with the IFB and Specifications,or anyBid lacking sufficient information to enabletheTownto makea 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 atanytime during the evaluation process if,inthesole opinion of the Procurement Agent, any of the following are true: 1. Bidder does not meet the minimum required skill, experience or requirements to performthe Workor providethe Materials. 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 ofthe Procurement Agent,are intended to mislead the Town inits evaluation ofthe Bid. B. Specification Minimums.Bidders are reminded that the Specifications inthis IFBare the minimum levels required and that Bids submitted must befor 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.It shall bethe Bidder's responsibility to carefully examine each item listed inthe 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,withthe Offersignedin inkbya person authorized to bind the Bidder. 2.Price Sheet. 2246004.3 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS 2015-101 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 Bidder shall be considered non-responsive. Negligence in preparing a 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. Specificationsand Drawings. A.Inquiries.Any questionrelatedto the IFB,includingany partof the Plans,Specifications, Scope of Work or other Contract Documents,shall be directed to the Town Representative and Procurement Administratorwhose names appear on the cover page of this IFB. Questions shall be submitted in writingby the date indicated on the cover pageof this IFB;the Town will not respond to any inquiries submitted laterthanthe 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 referto thetitleand number,pageand paragraph.However, the Bidder shallnot place the IFB number andtitle 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 issuedbytheTownwithrespectto this IFBwillbeavailableat: 2246004.3 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS 2015-101 Town of Fountain Hills Town Hall, 16705 East Avenue of the Fountains,Fountain Hills,Arizona 85268 Town of Fountain Hillswebsite at:www.(h.az.<iov/for-busincss.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 Representative at 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 evaluation of the substitute,[fa substitute is approved, the approval shall be by written addendum to the IFB. Bidder shall not rely upon approvals made in any other manner. D. Useof Equals. When the Specifications for materials, articles, products and equipment include the phrase "or equal,"Bidder may bid upon and use materials, articles, products and equipment that will perform equally the requirements imposed by the general design. The Engineer will have the final approval of all materials,articles,products and equipment proposed to be used as an "equal." No such "equal" shall be purchased or installed without prior, written approval from the Engineer. No "equal"will 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 equipment for which the item is sought to be considered an equal and a complete description of the proposed equal including any drawings,cuts,performance and test data and any other information necessary for evaluation of the equal. All approval of equals shall be issued in the form of written addendum or amendment, as applicable,to this IFB or the Contract. 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. 2246004.3 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS 2015-101 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 herein by reference. Bid prices shall be submitted on a per unit basis by line item, when applicable and include all applicable sales tax. In the event of a disparity between the unit price and extended price, the unit price shall prevail.NOTE:AH pricing blanks must be filled in.Empty or unfilled spacesin the Bid PriceSheet 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 unitratesare available in the Price Sheet.Unitrates from the Price Sheetshall be used to determine the cost of a change to be paid from an Allowance, when applicable. Any remaining Allowance amount shall be returned to the Town at the end of the Project by deductive change order. 2.9 Payment:Discounts.Any Bidthat requirespayment in lessthan 30 Daysshall not be considered. Payment discounts of 30 Days or lesswillnot 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 withinthe discountperiod. Paymentdiscountsshall be indicatedon PriceSheet. 2.10 Taxes. The Town is exempt from Federal Excise Tax, including the Federal Transportation Tax. Salestax, 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 Statetax rates and calculate the Bid accordingly.When calculating the tax on the Bid, the Biddershould not includetax on any allowances.Failureto accurately tabulateany applicable taxes may result in a determination that a Bid is non- responsive.The Bidder shall not rely on, and shall independently verify,anytax 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 tothe Work (the "Federal Requirements").Itis also the responsibility ofthe 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 P. 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 laworrule applies. 2.12 Cost of Bid/Proposal Preparation.Bids submitted for consideration should be prepared simply and economically,providing adequate information ina 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 oftheTownandwillnotbe returned. 2.13 Public Record.All Bidsshallbecomethe property ofthe Town. AfterContractaward,Bidsshall 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 fromand afterthe time of Bidopeningto the extentpermittedby Arizonalaw. 2.14 Confidential Information. If a Vendor/Bidder believes that a Bid, Specification, or protest containsinformationthat should be withheld from the public record, a statement advising the ProcurementAgent 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 2246004.3 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS 2015-101 determinesthat it is proper to 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 registered withthe Arizona Corporation Commission and authorized to do businessinArizonaand(B)have a completed Request for Vendor Numberon 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 provideCertificates 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, attachedas ExhibitC. Total bid pricedoes not include any Town allowances identified. For the purpose of this Solicitation, "successful completion" means completion of a projectwithinthe established scheduleand budgetand "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 ensurethatall information isaccurateandcurrent. Bidder authorizes theTown'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. 2246004.3 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS 2015-101 E. No Signature/False Statement.The signature on the Bid and the Vendor Information Form is genuine. Failure to sign the Bid or the Vendor Information Form, or signing either with a false statement, shall void the submitted Bid and any resulting Contract, and the Bidder may be debarred from further bidding in the Town. 2.18 Bid Bond. All Vendors desiring to prepare a responsive Bid shall submit a non-revocable bid security payable to the Town in the amount often percent (10%)of the total Bid Price. This security shall be in the form of a bid bond, certified check or cashier's check and must be in the possession of the Town Representative by the Bid Deadline. All bid security from Contractor(s)who have been issued a Notice of Award shall be held until the successful execution of all required Contract Documents and bonds. If the Contractor fails to execute the required contractual documents and bonds within the time specified,or ten Days after Notice of Award if no period is specified, the Contractor may be found to be in default and the Contract terminated by the Town. In case of default, the Town reserves all rights inclusive of, but not limited to, the right to purchase material and/or to complete the Work and to recover any actual excess costs associated with such completion from the Contractor. All bid bonds shall be executed in the form attached hereto as Exhibit G. duly executed by the Bidder as Principal and having as Surety thereon a Surety company holding a Certificate of Authority from the Arizona Department of Insuranceto transact surety business in the State of Arizona. Individual sureties are unacceptable. All insurers and sureties shall have, at the time of submission of the proposal, an A.M.Best's Key Rating Guide of "A-"or better as currently listed in the most recent Best Key Guide, published by the A.M. Best Company. As soon as is practicable after the completion of the evaluation, the Town will (A) issue a Notice of Award for those Offers accepted by the Town and (B) return all checks or bonds to those Bidders who have not been issued a Notice of Award. 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 limited to, the following: (1) compliancewith Specifications,(2) Price, includingalternates, if any and (3) Bidder qualificationsto perform the Work. C. Waiver. Rejection. Reissuance.Notwithstanding any other provision of this IFB, the Town expressly reserves the rightto: (1) waiveany immaterial defector informality,(2) rejectany or all Bidsor 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 whenthe Acceptance of Offer and Noticeof Award is executedin writingby the Town. BidderOffers 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 processset forth by the Town Manager or qualified designee. ARTICLE 111 -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 andthe MAG Supplement,the MAG Supplement shall prevail. 2246004.3 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS 2015-101 3.2 Plans and Specifications to Successful Contractor. The successful Contractor shall print its own Plans and Specifications for this Project from the Town's website. 3.3 Contract Time. The Contract Time for this Project shall be 86 days from the Notice to Proceed. All Work on the Project shall be completed on or before the expiration of the Contract Time. 3.4 Pre-Construction Conference.Within 30 days of the issuance of the Notice of Award, the Contractor shall attend a pre-construction conference. The Town will contact the Contractor to schedule a specific date, time and location for the pre-construction conference. The purpose of this conference is to outline specific items and procedures and to address items that require special attention on the part of the Contractor. The Contractor may also present proposed variations in procedures that the Contractor believes may (A) improve the Project, (B) reduce cost or (C) reduce inconvenience to the public. Any necessary coordination and procedures for construction inspection and staking will be addressed during the pre-construction conference. The Contractor will be required to provide the following items at, or prior to, the pre-construction conference, each of which is subject to review and approval by the Engineer: A. Key Personnel:Subcontractors.A list of the names and emergency telephone numbers of all proposed Key Personnel,Subcontractors and suppliers that the Contractor intends to utilize on the Project, in the form attached hereto as Exhibit H and incorporated herein by reference.The term "Key Personnel"means individuals who will be directly assigned to this Project and includes, but is not limited to, the owner, principals, project manager, project superintendent, scheduler, construction engineer and supervisory personnel. At least two of the Bidder's Key Personnel must have a minimum of three years'experience in similar projects (defined above) and the scheduler must have experience in employing scheduling techniques appropriate for this Project. Resumes of Key Personnel shall be submitted upon request by the Town's representative. Proposed Subcontractors shall be qualified and have the requisite professional or technical licenses and be licensed to do business in the State of Arizona.The list shall include such information on the professional background of each of the assigned key individuals as may be requested by the Town Representative. Such key personnel and Subcontractors shall be satisfactory to the Engineer and shall not be changed except with 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 personnelor 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 andcompletionof the majoritemsof Workin Primavera P6schedulingsoftware. 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 outliningthe intended plansfortraffic control andfor maintaining continuous accessto residences and businesses alongthe 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 anda schedule indicating the dates eachofthese items will be transmitted tothe Town for review. 2246004.3 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS 2015-101 3.5 Noticeto Proceed.Within 45 days of the issuance of the Noticeof Awardthe Town may issuea 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 easementsshall be included in the Contract Time and shall not bejustificationfor a delay claim by the Contractor.The time required for the Contractor to prepare,transmit and obtain approval of applicable submittals shall be included in the Contract Timeandshall not be justification fora delay claim bythe Contractor. No Work shall be started until after all required permits, licenses, and easements have been obtained. The Contractorshall notifythe Engineer, in writing,at least72 hours before the followingevents: A.Commencement.The start of construction. B. Services Shut Down. Shutdown of water, sewer, drainage, irrigationand/ortraffic 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 existingvalves or gauges, which shall also becoordinated with the proper utilityagency/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-Wav. 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 relating to the construction of the Project and the employment of labor thereon. Failure to do so will not relieve the Contractor of its obligation to furnish all material and labor necessary to carry out the provisions of this Contract. Insofar as possible in carrying out its work, the Contractor must employ such methods or means as will not cause any interruption of or interference with the Work of any other contractor. Contractor affirms that it has inspected the jobsite and has thoroughly reviewed the Contract including, without limitation, the Specifications listed on Exhibit A. as the same may be revised by the Town, and is not relying on any opinions or representations of Town. Contractor agrees to perform and complete such Work in strict accordance with the Contract and under the general direction of the Town.Contractor agrees that any exclusions of any Work must be approved in writing by the Town prior to acceptance of this Contract or same shall not be excluded hereunder. Contractor is responsible for all safety precautions and programs and shall provide all protection and necessary supervision to implement said precautionsand programs. Contractorshall take all reasonable precautions for the safety of and provide reasonable protection to preventdamage, injury or lossto: (A) Town personnel and membersof the public,(B) employeesor 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. Contractorshall provideall competent supervisionnecessaryto execute all Workand any Work incidental thereto 2246004.3 10 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS 2015-101 in a thorough, first-class, workmanlike manner. It is Contractor's responsibility that all of the Work and any Work incidental thereto conforms to, and is performed in accordance with, all applicable Federal, State, County and Town laws, codes, ordinances, regulations (including National Pollutant Discharge Elimination System and air pollution standards)and orders of public authorities bearing on performance of the Work. 3.9 Traffic Regulations. All traffic affected by the Work under this Contract shall be regulated in accordance with the then-current version of the City of Phoenix-Traffic Barricade Manual (the "Barricade Manual") which is incorporated herein by reference; provided, however, that this Contract shall govern in a conflict with the terms of the Barricade Manual. At the time of the pre-construction conference, the Contractor shall designate an employee who is well qualified and experienced in construction traffic control and safety to be responsible for implementing, monitoring and altering traffic control measures, as necessary. At the same time, the Town will designate a representative who will be responsible to see that all traffic control and any alterations are implemented and monitored to the extent that traffic is carried through the Work area in an effective manner and that motorists, pedestrians, bicyclists and workers are protected from hazard and accidents. A. Major Streets. The following shall be considered major streets: All major parkway, mile (section line), arterial and collector (mid-section line and quarter section line) streets so classified by the Town. B. Traffic Control Devices. All traffic control devices required for the Work under this Contract shall be the responsibility of the Contractor. The Contractor shall place advance warning signs (such as REDUCE SPEED,LOOSE GRAVEL,25 MPH SPEED LIMIT and DO NOT PASS) in accordance with the Barricade Manual. The Contractor shall provide, erect and maintain all necessary flashing arrow boards, barricades, suitable and sufficient warning lights, signals and signs and shall take all necessary precautions for the protectionof the Work and safety of the public.The Contractor shall provide, erect and maintainacceptableand adequatedetoursigns at all closures and along detour routes. All barricadesand obstructionsshall 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 least48 hoursin advance for Town personnel to temporarily relocate or coversaid 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 bythe Contractor thatthe 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 Contractorshall 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 toassistwith 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 2246004.3 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS 2015-101 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. Contractorshall notifythe Engineer,in writing,24 hours in advanceof any Workat such intersections.The Contractor shall install and maintain temporary overhead traffic signal cableas specified by the Engineer when underground conduit is to be severed by excavations at intersections. The Contractor shall providean off-duty,uniformed Sheriffs Deputyto directtraffic while the trafficsignal isturnedoff andthe wiring is transferred.All damaged or modified traffic signal overhead and underground items shall be repaired and restoredto the Engineer's satisfaction. Magneticdetector loopsshall, 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 rightto review any and all of the insurance policies and/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 law for claims arisingout of the performance of 2246004.3 12 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS 2015-101 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,completed and formally accepted by the Town,unless specified otherwise in this Contract. 5. Primary Insurance.Contractor's insurance shall be primary insurance with respect to performance of this Contract and in the protection of the Town as an Additional Insured. 6.Claims Made. In the event any insurance policies required by this Agreement are written on a "claims made"basis,coverage shall extend,either by keeping coverage in force or purchasing an extended reporting option, for three years past completion and acceptance of the services. Such continuing coverage shall be evidenced by submission of annual Certificates of Insurance citing applicable coverage is in force and contains the provisions as required herein for the three-year period. 7. Waiver. All policies, except for Professional Liability, including Workers' Compensation insurance, shall contain a waiver of rights of recovery (subrogation)against the Town, its agents, representatives, officials, officers and employees for any claims arising out of the Work or Services of Contractor. Contractor shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto. 8. Policy Deductibles and/or Self-Insured Retentions. The policies set forth in these requirements may provide coverage that contains deductibles or self-insured retention amounts. Such deductibles or self-insured retention shall not be applicable with respect to the policy limits provided to the Town. Contractor shall be solely responsible for any such deductible or self-insured retention amount. 9. Use of Subcontractors.If any Work under this Contract is subcontracted in any way, Contractor shall execute written agreement with its Subcontractors containing the indemnification provisionsset forth in this Section and insurance requirements set forth herein protectingthe Town and Contractor. Contractor shall be responsible for executing any agreements with its Subcontractor and obtainingcertificatesof insuranceverifyingthe insurancerequirements. 10.Evidence of Insurance. Prior to commencing any Work or Services under this Contract,Contractor will provide the Townwith suitable evidence of insurance inthe form of certificates of insuranceand a copy of the declaration page(s) of the insurance policies as required by this Contract, issued by Contractor's insurance insurer(s)as evidencethat policiesare placedwith acceptable insurers as specified herein and provide the required coverages,conditions and limits of coverage specified in this Contractand that such coverageand provisionsare 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 coveragebut such acceptanceand relianceshall not waive or alter in any way the insurance requirements or obligations ofthis Contract.Ifanyofthe policies required bythis 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 willbesubjectto rejection and maybe returned or discarded. Certificates of insuranceand declaration page(s")shall specifically includethe following provisions: 2246004.3 13 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS 2015-101 a. The Town, its agents,representatives,officers,directors, officials and employees are Additional Insureds as follows: (i)Commercial General Liability -Under Insurance Services Office, Inc.,("ISO")Form CG 20 10 03 97 or equivalent. (ii) Auto Liability - Under ISO Form CA 20 48 or equivalent. (iii) Excess Liability - Follow Form to underlying insurance. b.Contractor's insurance shall be primary insurance with respect to performance of the Contract. c. All policies,except for Professional Liability, including Workers' Compensation, waive rights of recovery (subrogation) against Town, its agents, representatives, officers, officials and employees for any claims arising out of Work or Services performed by Contractor under this Contract. d.ACORD certificate of insurance form 25 (2014/01)is preferred. If ACORD certificate of insurance form 25 (2001/08) is used, the phrases in the cancellation provision "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" shall be deleted. Certificate forms other than ACORD form shall have similar restrictive language deleted. B. Required Insurance Coverage. 1.Commercial General Liability.Contractor shall maintain "occurrence"form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations,independent contractors,products-completed operations, personal injury and advertising injury. Coverage under the policy willbeat leastas broadas ISOpolicy form CG00 010 93 or equivalent thereof,including butnot limitedto, 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,officialsand 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 amendedto includeas an insuredthe personor organizationshown inthe Schedule,but only with respect to liability arisingoutof"yourwork"forthat insured byorforyou." Ifany Excess insurance is utilized to fulfill the requirements of this subsection,such Excess insurance shallbe "followform"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 usedinthe performance of the Contractor'sWorkor Services underthis Contract. Coverage will be at least as broad as ISO coverage code "1" "any auto" policy form CA 00 01 1293 or equivalent thereof.Tothe fullest extent allowed by law,for claims arising outofthe performance ofthis Contract,the Town, its agents,representatives,officers,directors,officialsand employeesshallbe citedas an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent.Ifany Excess insurance is utilized to fulfill the requirements ofthis subsection,such Excess insuranceshallbe"follow form" equalor broaderincoveragescopethan 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 2246004.3 14 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS 2015-101 performing the Work underthis Contract,the Contractor shall maintain Professional Liability insurance covering negligent errorsand omissions arisingoutofthe Services performed bythe 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 havingjurisdiction 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 perilsof 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 1.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 Contractor or any Subcontractor for the performance of any Work related to this Contract. Payment security shall be in the amount of one hundred percent (100%)of the total Contract Price and be payable to the Town. Payment security shall be in the form of a payment bond, certified check,cashier's check or irrevocable letter of credit. This security must be in the possession of the Engineer within seven days after execution of this Agreement by the Town. If the Contractor fails to execute and deliver the security instrument as required, the Contractor may be found in default and the Contract terminated by the Town. In case of default the Town reserves all rights. All payment bonds shall be executed in the form attached hereto as Exhibit J, duly executed by the Contractor as Principal and having as Surety thereon a Surety company approved by the Town and holding a Certificate of Authority to transact surety business in the State of Arizona by the Arizona Department of Insurance. Individual sureties are unacceptable. All Insurersand Sureties shall have, at the time of submission of the payment bond, an A.M. Best's Key Rating Guide of "A-" or better as currently listed in the most recent Best Key Guide, published by the A.M. Best Company. 2246004.3 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS 2015-101 3.14 Changes in the Work. The Town may, without invalidatingthis 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 adjustedas providedbelow. The Contract Price and/or the ContractTime may only be changedby the Town's written approval authorizing said change, and said changes shall be performed under the applicable conditions of the Contract. The Contract Price shall be adjusted as a result of a change in the Work as follows: A. Additions. When the Town increases the scope of the Work, Contractor will perform the increased work pursuant to Contractor's unit prices set forth on the Price Sheet. B. Deletions. When the Town decreases the Work resulting in a decrease in Contractor's quantity of the Work, the Town shall be allowed a decrease in the Contract Price amounting to the quantity of the deleted Work multiplied by the Contractor's unit prices. C. Estimating. Whenever the Town is considering a change to the Work, Contractor shall promptly, and in any event within five business days, estimate the price of the contemplated additional or deleted Work in good faith and as accurately as is then-feasible. The estimate shall show quantities of labor, material and equipment and shall be pursuant to the rates set forth in the Contractor's Bid. 3.15 Substantial Completion. When the Contractor considers that the Work is Substantially Complete, the Engineer shall prepare and submit to the Contractor a comprehensive list of Punch List items, which the Contractor may edit and supplement. The Contractor shall proceed promptly to complete and correct Punch List items. Failure to include an item on the Punch List does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents.The Town shall determine when the Project and the Contractor's Work is substantially complete."Substantial Completion"means construction has been completed in accordance with the Contract Documents to the extent that the Town can use or occupy the entire Project, or the designated portion of the Project, for the use intended without any outstanding,concurrent construction at the site, except as may be required to complete or correct Punch List items. A prerequisite for Substantial Completion, over and above the extent of construction completion required, is receipt by the Town of acceptable documentation that Contractor has successfully tested and demonstrated all systems for their intended use. The date of Substantial Completion shall be confirmed by a Certificate of Substantial Completion signed by the Town and Contractor. The Certificate of Substantial Completion signed by the Town and Contractor shall state the respective responsibilities of the Town and the Contractor for security, maintenance, utilities, damage to the Work and insurance. The Certificate of Substantial Completion shall also include the Punch List as created by the Contractor and modified by the Town and establish the time for completion and correction of all Punch List items. If the Town and the Contractor cannot agree as to the appropriate date of Substantial Completion, such issue shall be submitted for dispute resolution in accordance with the procedures set forth in Article III, Part B below. Notwithstanding such disagreement, the Contractor shall diligently proceed with completion of the Punch List items. 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 bythe Contractor in accordance withthe Contract Documents,certified to the Town by the Contractor. Final Completion shall be achievedonly upon the Town's writtenacceptanceof (A) the construction,(B) all testing, (C) demonstrationby Contractorthat 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,ifany,(E)delivery of all as-built documentation,drawings, completed record documents (with revisions madeafter Substantial Completion),annotated submittals and design documentdeliverables,(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 Contractoron behalfof the Town. Followingreceiptof paymentfromthe Town,,the Contractorshallmakeall payments due to the Subcontractors. 2246004.3 16 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS 2015-101 3.17 Paymentsto Contractor. Compensation for all Work necessary for the completion of the Project shall be included by the Bidder in the price bid for the items shown in the Bid. Only those items listed in the Bid are pay items. Payment shall be conditioned upon Contractor's compliance with the payment terms and conditions set forth below. Contractor expressly acknowledges and agrees that (A) the Contract Price is an estimated amount based upon an engineer's estimate of the quantities of the Materials deemed necessary to perform the Work and (B)the amountof any paymentto be madepursuantto this Contractshallbe determined by the field-measured quantitiesof Materialsactually installedby Contractor.Material or equipmentdeliveredto the Projectby or on behalf of Contractor shall not constitute material or equipment furnished in the performance of the Work until same has been incorporated into the improvements constituting the Project. Payment shall not constitute acceptance by the Town or evidence thereof of any Work performed. A.Progress Payments. 1.On or before the 15th day of each month after construction has commenced,the Contractor shall submit to the Town an application for payment consisting of the cost of the Work performed up to the end of the prior month,including the cost of material stored on the site or at other locations approved by the Town. The application shall be deemed approved and certified for payment seven days after it is submitted unless before that time the Town prepares and issues a specific written finding setting forth those items in detail that are not approved for payment under the Contract. Prior to submission of the next application for payment, the Contractor shall make available at the request of the Town a statement accounting for the disbursement of funds received under the previous application for purposes of audit. The extent of such statement shall be as agreed upon between the Town and Contractor. 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 includingany securities substituted pursuant to subsection 3.17 (B)(1) shall be paid to the Contractorupon the Contractor's request,providedthe Contractor is makingsatisfactoryprogresson the Workand there is no specificcauseor claim requiringa greateramountto be retained.After the construction Workis 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 2246004.3 17 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS 2015-101 progress on the Project. If, at any time, the Town determines satisfactory progress is not being made, ten percent (10%)retention shall be reinstated for all progress payments made under this Contract after the determination. C. Payment for On-site and Off-site Stored Materials. Payment shall be made on account of Materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. Payment may similarly be made for Materials and equipment suitably stored off the site, conditioned upon the Contractor furnishing evidence to the Town that (1) title to the Materials and equipment will pass to the Town upon payment therefore, (2) the Materials and equipment are adequately safeguarded and insured, including during transit from the off-site location to the Project site and (3) such other matters as the Town may reasonably request in order to protect its interests. With the prior, written approval of the Town, Contractor may 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 byjoint 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 applicationfor 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 issuedand payments received from the Town shall be free and clearof liens,claims,security interests or encumbrances in favor of the Contractor,Subcontractors,material suppliers, or other persons or entities making a claimby reasonof havingprovidedlabor,Materialsand equipmentrelatingto 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 Completion and acceptanceby the Town. Beforeissuanceof final payment,the Townmay request satisfactory evidence thatall payrolls,Materials billsandother indebtedness connected with the Work have been paid or otherwise satisfied. 2.Simultaneously with Contractor's request for final payment,Contractor shall submit the following items to the Town Representative: a.Red-line construction record drawings. b.Warranties. c. Two sets of documentation completely covering the operation and maintenance of the mechanical and electrical installation and all other equipment.The 2246004.3 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS 2015-101 documentation shall include charts, diagrams, performance curves, catalog information, lubrication manuals, and details pertaining to the functioning of various items of equipment. The documentation shall be divided logically into "systems"on the basis of operation, without respect to trades,subcontractors or arbitrary specifications sections. The relationship of the "systems"shall be clearly and concisely detailed. d.Affidavit Regarding Settlement of Claims. e. Other items reasonably required by the Town Representative. 3. In making final payment the Town waives all claims except for: a.Outstanding liens. b. Improper workmanship or defective Materials. c. Work not in conformance with this Contract or Work not completed. d. Terms of any special warranties required by this Contract. e. Delivery to Town of all warranties, operation and maintenance manuals, "AS-BUILT"record drawings and other documents as required by this Contract. f. Right to audit Contractor records for a period of three years. g. Claims previously made in writing and which remain unsettled. 4. Acceptance of final payment by the Contractor shall constitute a waiver of affirmative claims by the Contractor,except those previously made in writing and identified as unsettled at the time of final payment. F.Warranty.Contractor or its assignee shall give to the Town a one-year warranty against deficiencies in material and workmanship for all Work on the Project or other such warranty as required by the Town Engineer, which warranty shall begin on the date that the Town accepts the Work as provided in this Section. Any material deficiencies in material or workmanship identified by Town staff during the one-year warranty period shall be brought to the attention of the Contractor or its assignee that provided the warranty, which shall promptly remedy or cause to be remedied such deficiencies to the reasonable satisfaction of the Town Engineer. Continuing material deficiencies in a particular portion of the Work shall be sufficient grounds for the Town to require (1) an extension of the warranty for an additional one-year period and (2) the proper repair of or the removal and reinstallation of, that portion of the Work that is subject to such continuing deficiencies. Regardless of whether the applicable warranty period has expired, the Contractor agrees to repair any damage to the Work caused by Contractor's construction activities on the Property. Nothing contained herein shall prevent the Town or 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 Contractorany amountsContractorowes to the Town for delinquentfees, transactionprivilegetaxes and property taxes, including any interest or penalties. 2246004.3 19 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS 2015-101 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 ofthe Work(the "Schedule").Fountain Park will remain openforthe public's use and for the specialevents listedon the tentativecalendar attachedheretoas ExhibitL and incorporated herein by reference.The Schedule shall provide for the special events and 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 completethe Workfor the Contract Price withinthe 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 Engineerto 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 pointin time shall be not lessthan as required by the Schedule.If the delay is an Inexcusable Delay,as defined below,the Contractor shall prepare a recovery schedule forthe 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 orderthe Contractor to employ such extraordinary measures asare necessary to bringthe Work into conformity withthe Substantial Completion date(s)set forth therein,thecostsof which shall be included aspartof the Costofthe Work.Ifthe delay isan Excusable Delay,as definedbelow,the Engineer shalleither(A)authorize an equitable extension inthe Schedule to account forsuch delay,and equitably adjustthe contract sumon account of such delay or (B)request that the Contractor prepare a recovery schedule showing how (if possible)the Contractor can achieve Substantial Completion bythe applicable dateshownonthe Schedule,and equitably adjust the Contract Price in accordance with the provisions of this Contract on accountof any extraordinary activities required ofthe Contractor on account ofsuch recovery schedule. 3.24 Extensions of Time. A. Allowable Extensions. An extension in the scheduled date of Substantial Completion will only be granted inthe event of Excusable Delays affecting the Schedule for the Work.The Contractor shall be entitled to general condition costs and extra costs related to the Excusable Delay for idle labor,equipment inefficiency and lost productivity of the performance of the Work.The Contractor must submit evidence reasonably satisfactory to the Town substantiating such costs.Such adjustment to the Price and Substantial Completion date shall be issued ina 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,suchshall constitute an "Excusable Delay"(totheextentnotset forth below,a delaywillbe considered an "Inexcusable Delay"): 2246004.3 20 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS 2015-101 1.Delays resulting from Force Majeure. 2. Differing, unusual or concealed site conditions that could not reasonably have been anticipated by the Contractor in preparing the Schedule, including, without limitation, archaeological finds and unusual soil conditions (including rock or other geological conditions), underground foundations,abandoned utility lines and water conditions. 3. Delays resulting from the existence or discovery of Hazardous Materials on the Site not brought to the Site by the Contractor. 4. Delays resulting from changes in Applicable Laws occurring after the date of execution of this Contract. 5. Delays occurring due to the acts or omissions of the Town and those within the control of the Town. 6. Delays occurring due to the acts or omissions of a utility, so long as Contractor has coordinated with the utility causing the delay and the delay occurs despite reasonable steps taken by Contractor to avoid the delay. 7. Delays resulting from weather conditions that make it unreasonable to perform the Work in accordance with the Schedule; provided, however, that Contractor's Schedule shall be deemed to include 14 days for weather delays (the "Expected Delay Days"), regardless of whether such weather delays are specifically set forth in the Schedule. Contractor shall notify the Town within 24 hours in writing of a weather related delay. If Contractor fails to give the required 24-hour notice, no such weather delay willbe subtractedfrom the ExpectedDelay Days. Weatherdelays 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 Contractorshall 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 approximatenumberof Daysthe Contractorexpectsto bedelayed. Afterthe cessationof the ExcusableDelay,the Contractor shall notifythe Engineerof the numberof Daysthe Contractorbelievesthat 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 ExcusableDelay 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 isan Excusable Delay or an Inexcusable Delay.Inthe 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 timeas the Engineer deems reasonable,butnotlater than ten Days after receipt bythe Engineer ofthe Contractor's written request forsuch 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 thedispute resolution procedures setforthin PartDbelowwithrespectto such determination. 2246004.3 21 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS 2015-101 E.Concurrent Delay.To the extent the Contractor is entitled to an extension of time due to an Excusable Delay, but the performance of the Work would have been suspended, delayed or interrupted by the fault or neglect of the Contractor or by an Inexcusable Delay, the Contractor shall not be entitled to any additional costs for the period of such concurrency. 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 performed throughthedate of termination. The Contractorshall not be entitledto be paidany amountas profitfor unperformedServicesor consideration for the Town's termination by convenience. 3.28 Termination bv the Town for Cause. A. Default: Cure. If the Contractor refuses or fails to supply sufficient properly skilled staff or proper Materials,or disregards laws,ordinances,rules,regulations,orordersofany public authority jurisdiction, or otherwise substantially violates or materially breaches any term or provision of this Contract, and such nonperformance or violation continues without curefor 15 daysafterthe Contractor receives written notice ofsuch 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 Contractorshall not be entitled to receiveany further payment until completion of the Work,and the total compensation to the Contractor under this Contract shallbe the amountthat is equitable underthe circumstances.Ifthe Town andthe Contractor are 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 2246004.3 22 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS 2015-101 accordingly.The Contractormay disputethe Town's assessmentof the terminationamount pursuantto thedispute resolution process set forth in in Part D of this Contract. C.Contractor Insolvency.Upon the appointment of a receiver for the Contractor,or if the Contractor makes a general assignment for the benefit of creditors, the Town may terminate this Contract, without prejudice to any right or remedy otherwise available to the Town, upon giving three business days' written notice to the Contractor. If an order for relief is entered under the bankruptcy code with respect to the Contractor, the Town may terminate this Contract by giving three business days'written notice to the Contractor unless the Contractor or the trustee completes all of the following: 1.Promptly cures all breaches within such three-day period. 2. Provides adequate assurances of future performance. 3.Compensates the Town for actual pecuniary loss resulting from such breaches. 4.Assumes the obligations of the Contractor within the established time limits. 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 Contractorshall 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 amountfor the Additional Work.In the event a fixed amountcannot 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 damages or expenses that maybe caused to or sustained by Contractor by reason of such changes or by reason of delays in the Work,whether caused in whole or in part by conduct on the part of the Town,including without limitation,any breach of this Contract or delays by other contractors or Subcontractors.Contractor's exclusive remedy ineventof delayor Additional Work bythe Town shallbean extensionof time hereunder to complete the Work. 2246004.3 23 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS 2015-101 3.32 Riskof Loss. Contractorshall assume the risk of loss occasionedby fire, theftor other damageto Materials,machinery,apparatus,tools and equipment relatingto the Workpriorto actual installation infinal place on the Project and acceptance by the Town. Contractor shall be responsible for damage to the Materials, machinery, apparatus, tools, equipment and property of the Town and other contractors resulting from the acts or omissions of its Subcontractors, employees, agents, representatives Subcontractors, and for payment of the full costs of repair or replacement of any said damage. 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 heightof six feet, and shall consist of wire mesh fabric of sufficientweight 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.Priorto the startof any excavation or trenching required for the executionof the proposed Work,the Contractor shall submit to the Engineer for approval, detailed plans showing types of materials and methods of fabrication forthe protective fencing.Therewillbeno separate measurement or payment for furnishing,installing, or maintaining protective fencing.Thecost shall be considered incidental to the costof any other structures for which trenching is necessary. 2246004.3 24 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS 2015-101 3.37 Plans and Shop Drawings. Samples and Substitution of Materials. All submittals shall conform to MAG Specifications,Section 105.2(Plans and Drawings)as modified by the MAG Supplement. Contractorshall furnish,within three business days following request therefore by the Town, detailed drawings of the Work, samples of Materials andother submittals required forthe performance or coordination ofthe 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,intentand performance in accordance withthis Contract. 3.38 Utilities. A.Cooperation.The Contractorshallcomplywiththe requirements of 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 asare necessary to make any emergency repair toany utility,ina manner satisfactory tothe Town ofa 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 requiredto 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 permitsurvey 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,asa result of failing to obtain information asto its location,failing to excavate ina careful and prudent manner (as defined in MAG Specifications),or failing to take measures for protection of the facilities/utilities.The Contractor is liable tothe owner ofthe underground facility/utility forthe total costofthe repair. C.Utilities Not Shown on the Plans. 1.If utility lines are encountered that are not shown onthe plans,and not located, or incorrectly located by the utility owner,other than individual or house service utility lines,and these lines are damaged or work is required to clear same,then MAG Specifications,Section 109.8 and ARIZ. REV.STAT.§40-360.21 et seq. shall apply. 2. The work necessary for the raising,lowering,or relocating of any such utility shall be at the utility owner's expense.The necessary Work may be done by the utility owner or by 2246004.3 25 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS 2015-101 Contractor, or as a collaborative effort, at the option of the utility owner. All Work shall be in accordance with the standards of the Town and the utility owner. 3.In most cases,individual or house service utility lines are not shown on the Plans. It shall be Contractor's responsibility to locate and protect these individual or house services. If, due to Contractor's operations, any of these lines are damaged, it shall repair or replace these lines in a manner satisfactory to the owner of the utility at no extra cost to the Town. In addition, the cost of location, protection, and working around these individual or house service utility lines shall be included in Contractor's bid for the Work under this Contract. 3.39 Sampling and Testing. Sampling and testing shall conform to the requirements of the MAG Specifications,Section 106,as modified by the MAG Supplement. The Contractor shall obtain an independent laboratoryor testing company and pay all costs of testing required by the Contract Documents, including testing required by MAG, the Specifications,the Town and other jurisdictional bodies. A copy of all test results shall be furnished to the Engineer in a summary report submitted at the subsequent construction progress meeting (time and date to be set upon Contract award) for tests performed. At Substantial Completion, the Contractor shall submit a final test report containing all test results which certifies the Work complies with the Specifications. This report shall be sealed by a professional engineer registered in the State of Arizona who was responsible for overseeing the testing and sampling. 3.40 Cooperation between Contractors. The Contractor shall comply with the requirements of MAG Specifications,Section 105.7,as modified by 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 monumentsshall 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 2246004 3 26 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS 2015-101 preventcompliancewith traffic regulations.An encroachmentpermitshall be required.Any applicablecost shall be paid by the Contractor and shall be presumed to be part of the Contractor's bid. B. No Traffic Interference. Traffic shall not be required to travel over stockpiled Materials and proper dust control shall be maintained. 3.45 Excess Materials. When excavations are made, resultant loose earth shall be (A) utilized for fillingby compactingin placeor (B) disposed of off-site. Excessor unsuitablematerial,brokenasphalticconcrete and brokenportlandcement concrete excavated from the right-of-way shall be removedfrom the ProjectSite and disposedof by the Contractor. Waste materialshall not be placed on private property withoutexpress 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 rubbishand cleaning all stains, spots, marks, dirt, smears or other blemishes. When the Work premises are turned over to the Town, they shall be thoroughly clean and ready for immediate use. Clean-up shall include removal of all excess pointing mortar materials within pipes and removal of oversized rocks and boulders left after finish grading. The Contractor shall provide for the legal disposal of all waste products and debris and shall make necessary arrangements for such disposal. 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 removal of fire hydrant meters should be scheduled at least three business days in advance through the Chaparral City Water Company. Watering shall conform to the provisions of MAG Specifications,Section 225. A deposit and installation fee in amounts set forth in the Chaparral City Water Company's fee schedule is required for each meter. The cost of the water is at the prevailing rate. 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 conformity with all applicable State and local laws, codes, regulations and ordinances and shall be properly lit and ventilated, and kept clean at all times. Adequate and satisfactory drinking water shall be provided at all times and under no circumstances and under no conditions will the use of common cups be permitted. The Contractor must supply sanitary drinking cups for the benefit of all employees. 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 convenienceof the utility,it may be permittedto connect to existing facilitieswhere available, but Contractor shall meter and bearthe cost of such power or water,and installationand 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 immediatevicinity. The cost of such temporary arrangementsshall be borne by the Contractor. Contractorshall 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 2246004.3 27 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS 2015-101 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 shallensurethatits employees and all other personnel working near any underground power lines must be warned to take adequate protective measure,(see:OSHA Std.1926-651 (A), as amended). 3.51 Site Clean Up. Contractorshall at all times, but not less than daily unless otherwise agreed by Town Representative, keep the premises on which the Work is being performed clean and free from accumulation of any waste materials,trash, debris and excess dirt, and at all times shall remove Contractor's implements, machinery, tools, apparatus and equipment from the jobsite when not needed on the jobsite. Should the Town Representative find it necessary in his/her opinion to employ helptocleanup,remove orstoreanyofthe 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 deli very/pick-up routes. A.Neighborhood Notification.Prior to the start of any Work on the Project, the Contractor shall distribute a preliminary "Dear Neighbor" letter (8-1/2" x 11"),as submitted to and subject to the approval of the Engineer, to all businesses, property owners and residents within 600 feet of any portion of this Project. This "Dear Neighbor" letter shall include, at a minimum, the following information: 1.Contractor's name, business telephone number and the 24-hour "Hot Line" telephone number for this Project. 2.Name of Contractor's Project Manager. 2246004.3 28 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS 2015-101 3.Name of Contractor's Project Superintendent. 4. Brief description of the Project. 5.Construction schedule,including anticipated Work hours. 6.Anticipated lane restrictions,including the expected duration thereof. 7.Name of Town's Project Manager. 8.Name of the Engineer. The Town Manager or authorized designee shall provide the Contractor with a distribution list for this "Dear Neighbor"letter.Contractor shall (1) ensure that the letter is distributed to all persons and businesses indicated on the list provided by the Town Manager or authorized designee and (2) provide the Town Manager or authorized designee with a copy of the letter sent and sufficient proof of mailing.Subsequent to delivery of the "Dear Neighbor"letter, the Contractor shall distribute bi-monthly construction progress updates,including construction schedule and any additional information the Engineer deems important as a result of construction activities, to all persons and businesses included on the aforementioned distribution list. At the request of the Town Manager or authorized designee, Contractor may be required to distribute additional public notifications. At the end of construction a final "Dear Neighbor" letter shall be distributed to the persons and businesses on the aforementioned distribution list highlighting the Contractor's and the Town's appreciation for their patience during construction of the Project. 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 questionsor complaintsconcerning Projectconstruction operations or procedures(the "Hotline"). The Contractorshall 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 performedon 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 detennined by the Engineer.The Contractor shall submit a final report/evaluation of its Notification Plan process performed for this Project. The reportshallbesubmittedbeforetheContractor receives final payment. PART C -MISCELLANEOUS 3.54 Applicable Law;Venue.This Contract shallbe governed bythe lawsof the Stateof Arizona and suit pertaining tothis Contract maybe brought onlyincourtsin Maricopa County,Arizona. 2246004.3 29 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS 2015-101 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 agenciesif any person significantly involved in initiating,negotiating,securing, drafting or creatingthis Contract on behalfof the Town or any of its departmentsor agencies is, at any time while the Contract or any extensionof theContractis ineffect,an employeeof any other partyto the Contractin any capacityor a consultantto anyother party of the Contract with respect to the subject matter of the Contract. 3.56 Contract Amendments. This Contract may be modified only by a written amendment signed by persons duly authorized to enter into contracts on behalf of the Town and the Contractor; provided, however, that Change Orders may be issued and approved administratively by the Town when such changes do not alter the Contract Price. 3.57 Provisions Required by Law. Each and every provision of law and any clause required by law to be in the Contract will be read and enforced as though it were included herein and,if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, the Contract will promptly be physically amended to make such insertion or correction. 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 Contract which may remain in effect without the invalid provision or 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 oralagreementshave been made byany of the partiesexcept as expresslyset forthherein,or inany other contemporaneous writtenagreementexecutedfor the purposesof carryingoutthe provisionsof thisContract. This Contract shall be construed and interpreted according to its plain meaning, and no presumption shall be deemedto apply in favor of, or against the party drafting the Contract. The parties acknowledgeand 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.TheContractorisresponsiblefor performanceunderthis Contractwhetheror notSubcontractorsareused. 2246004.3 30 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS 2015-101 3.63 Rights and Remedies.No provision in this Contract shall be construed,expressly or by implication,as waiver by the Town of any existing or future right and/or remedy available by law in the event of any claim of default or breach ofthis Contract.The failure oftheTownto insist upon thestrict performance ofany term or condition of this Contract or to exercise or delay the exercise of any right or remedy provided in this Contract, or by law, or the Town's acceptance of and payment for Materials or Services, shall not release the Contractor from any responsibilities or obligations imposed by this Contract or by law, and shall not be deemed a waiver of any right of the Town to insist upon the strict performance of this Contract. 3.64 Attorneys' Fees. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Contract or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys'fees and reasonable costs and expenses, determined by the court sitting without a jury,which shall be deemed to have accrued on the commencement of such action and shall be enforced whether or not such action is prosecuted through judgment. 3.65 Notices and Requests. Any notice or other communication required or permitted to be given under this Contract shall be in writing and shall be deemed to have been duly given if (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. If to Contractor:NicHe Contrarting,TTC 6267 S.157th Way' Gilbert.AZ 85298 Attn:Curt Easton 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. Ifa 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 itscounsel or other recipientto whicha copy of the notice may be sent, is deemed to have receivedthe notice. 3.66 Overcharges bv 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 herebyassigns to the Town any and all claims for such overcharges as to the goods and services usedto 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 2246004.3 31 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS 2015-101 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 similar occurrences beyondthe control of the partydeclaringforce majeurewhichsuch partyis unableto 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 longas the results or effects of the force majeure prevent the party from resuming performanceinaccordancewiththisContract. Forcemajeureshall not includethe 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 forcemajeureoccurrencein accordancewiththis Section3.67. Any delayor failureinperformanceby eitherparty heretoshall not constitutedefault hereunderor give rise to any claim for damages or loss of anticipatedprofits if, and to the extent that such delay or failure is caused by force majeure. If either party is delayed at any time in the progress of the Work by force majeure, then the delayed party shall notify the other party in accordance with Section3.65and shall makea specificreferenceto this Section,thereby invokingits provisions. The delayedparty shall cause such delay to cease as soon as practicable and shall notify the other party in writing. The time of Substantial Completion or Final Completion shall be extended by written Contract amendment for a period of time equal to the time that the results or effects of such delay prevent the delayed party from performing in accordance with this Contract. 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. 2246004.3 32 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS 2015-101 3.70 E-verify Requirements.To the extent applicable under Ariz.Rev.Stat.§ 41-4401, the Contractor andits Subcontractors warrant compliance withall Federal immigration lawsand regulations that relate to their employees and their compliance with the E-verify requirements under Ariz. Rev.Stat.§23-214(A). Contractor's or its Subcontractors'failure to comply with such warranty shall be deemed a material breach of this Contract and may result in the termination of this Contract by the Town. 3.71 Rightto Inspect Plant. The Town may, at reasonabletimes, inspectthe part of the plantor place of business of the Contractoror Subcontractorthat is relatedto the performance of this Contract. 3.72 Warranties. Contractor warrants to the Town that all Materials and equipment furnished shall be new unlessotherwisespecifiedand agreed by the Town and that all Workshall be of first class quality,free from faultsand defectsand in conformancewiththe Contract. Ifat any time withinone year followingthe date of Final Completionand 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 notin 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 vendorsand 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 permits required for the operation of the business conducted by the Contractor as applicable to 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. 2246004.3 33 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS 2015-101 3.79 Preparation of Specifications bv Persons other than Town Personnel.All Specifications shall seek to promote overall economy forthe purposes intended and encourage competition andnotbe unduly restrictive in satisfying the Town's needs.No person preparing Specifications shall receive any direct or indirect benefit from the utilization of Specifications,otherthan fees paidforthe preparation of Specifications. 3.80 Advertising.Contractor shall not advertise or publish information concerning this Contract without prior, written consent of the Town. 3.81 Conflicting Terms.Inthe eventof any inconsistency,conflictor ambiguity amongthe termsof 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 bethe exclusive means for resolution ofclaimsor disputes arising under,relating toor touching upon the Contract, the interpretation thereofor 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,inany threatened orongoing litigation or arbitration withthird parties,ifsuch 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 thisADR process,subjectto the Contractor's approval,which approval shall not be unreasonably withheld.Inthe 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. Eacharbitratorselectedshall be a memberof the State Barof the Stateof Arizonaand shall haveexperienceinthe 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 informal hearing 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 Neutral Evaluator is not bound by the rules of evidence when admitting evidence in the hearing and may limit the length of the hearing, the number of witnesses or any evidence introduced to the extent deemed relevant and efficient. 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. 2246004.3 34 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS 2015-101 3.85 Binding Arbitration Procedure.The following binding arbitration procedure,except as provided in subsection 3.85(G)below,shall serve as the exclusive method to resolve a dispute if (A)the parties cannot agree toa Neutral Evaluator asset forth in Section 3.83 above or(B)any party chooses notto accept the decision of the Neutral Evaluator.The party requesting binding arbitration shall notify the Neutral Evaluator of a request for arbitrationin writing within three businessdays' of receipt of the Neutral Evaluator's decision. If the Contractor requests arbitration or if Contractor rejects the Town's selection ofa Neutral Evaluator,it shall post a cash bond with the Neutral Evaluator inan amount agreed upon bythe parties or, inthe event of no agreement,the Neutral Evaluator shall establish the amountof the cash bondto defraythe cost of the arbitration as set forthin 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 anda third arbitrator (or "Neutral Arbitrator")who shall be selectedby the parties' arbitratorsas set forth in subsection3.85(B) If more than one consultantor contractoris 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 withinfivebusinessdaysof receiptof notification of a disputefromthe 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 DefaultNeutralArbitrator,a personor entityjointly selected by the Town and the Contractor. Ifthe 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 withthegoalof providing forthe prompt,efficient and final resolution ofall disputes falling within the purview ofthisADR process.Tothat end, any partycan petition the NeutralEvaluatorto set an expedited hearing.If the Neutral Evaluator determines thatthe circumstances justify it,the Neutral Evaluator shallcontactthe selected Arbitration Panel and arrange for scheduling of the arbitration at the earliest possible date.Inany event,the hearing of any dispute not expedited will commence as soon as practical but in no event laterthan 20 calendar daysafter notification of request for arbitration havingbeen submitted.This deadline can be extended only withthe consentof all the parties to the dispute,or by decisionof the ArbitrationPanelupona showing of emergencycircumstances. D.Procedure.The Arbitration Panel will select a Chairmanand will conductthe hearing in sucha mannerthat will resolvedisputes in a prompt,cost efficient mannergiving regardto the rightsof all parties. Each party shall supply to the Arbitration Panel a written pre-hearing statement which shall contain a brief statementof the nature of the claim or defense, a list of witnesses and exhibits, a brief descriptionof the subject matterof the testimonyof each witness who will be called to testify, and an estimateas to the lengthof time that will be required for the arbitration hearing. The Arbitration Panel shall review and consider the Neutral Evaluator decision, if any. The Chairman shall determine the nature and scope of discovery, if any, and the manner of presentation of relevantevidence consistentwith deadlines providedhereinand the parties'objectivethat disputes be resolved in a prompt and efficient manner. No discovery may be had of any materials or information for which a privilege is recognized by Arizona law. The Chairman upon proper application shall issue such orders as may be necessary and permissible under law to protect confidential, proprietary or sensitive materials or information from public disclosure or other misuse. Any party may make application to the Maricopa County Superior Court to have a protective order entered as may be appropriate to confirm such orders of the Chairman. E. Hearing Days.In order to effectuate parties' goals, the hearing once commenced, will proceed from business day to business day until concluded, absent a showing of emergency circumstances. 2246004.3 35 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS 2015-101 F. Award. The Arbitration Panelshall, within ten calendar days from the conclusionof any hearing,by majority vote issue its award.The award shall include an allocation of fees and costs pursuant to subsection 3.85(M)herein.The award is to be rendered in accordance with this Contract and the laws of the State of Arizona. G. Scope of Award. The Arbitration Panel shall be without authority to award punitive damages,andanysuch punitivedamageawardshallbe void. The Arbitration Panel shallbe withoutany authority to issue an award against any individual party in excess of twenty percent (20%)of the original Contract amount, butinnoeventshallany awardexceed $2,000,000,exclusiveof interest,arbitration fees,costsand 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 $2,000,000shall be subject to the jurisdiction of the Superior Court of Arizona,Maricopa County. Any party can contest the validity of the amount claimed if an action is filed in the Superior Court. H. Jurisdiction. The Arbitration Panel shall not be bound for jurisdictional purposes by the amount asserted in any party's claim, but shall conduct a preliminary hearing into the question 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 bejoined 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 inthe 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 inconsistentwith 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 15calendar days of 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,et seq. M. Fees and Costs. Each party shall bear its own fees and costs in connection with any informal hearing before the Neutral Evaluator. All fees and costs associated with any arbitration before the Arbitration Panel, including without limitation the Arbitration Panelists' fee, and the prevailing party's reasonable 2246004.3 36 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS 2015-101 attorneys'fees,expert witness fees and costs, will be paid by the non-prevailing party,except as provided for herein.Innoevent shall anyArbitrator's hourly feesbe awarded inan amountin excessof $200perhourand(1) costsshallnot include any travelexpensesin excessof mileage at the rate paid by the Town,not to exceeda one way tripof 150 miles,and (2)all travel expenses,including meals,shall be reimbursed pursuant tothe travel policy of the Townin effectat the time of the hearing.The determination of prevailing and non-prevailing parties,and the appropriateallocation 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,makeany disclosure related to the disputed matteror to the outcome of any proceeding exceptto the extent requiredby law, or to seek interimequitable relief, or to enforce an agreement reached by the partiesor an award made hereunder. O.Equitable Litigation. Notwithstandingany 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 statusquo and preventimmediateand irreparableharm to a partyor to the Programpendingresolutionof a dispute pursuantto ADR providedherein. No court may orderany permanentinjunctivereliefexceptas 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 perfonnance 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] 2246004.3 37 2246004.3 EXHIBIT A TO INVITATION FOR BIDS NO.CS 2015-101 [Specifications,Plans/Construction Drawings] See following pages. GENERAL NOTES v:z^-^r^is-,^s'"• i,-.'i ;TOWN OF FOUNTAIN HILLS,ARIZONA FOUNTAIN PARK PHASE 6 IMPROVEMENTS MAYOR TOWN COUNCIL TOWN MANAGER COMMUNITY SERVICES DIRECTOR DEVELOPMENT SERVICES DIRECTOR TOWN ENGINEER '•\ 2246004.3 EXHIBIT B TO INVITATION FOR BIDS NO.CS 2015-101 [Substitution/Equal Request Form] See following pages. SUBSTITUTION/EQUAL REQUEST FORM FOUNTAIN PARK PHASE 6 IMPROVEMENTS CS 2015-101 Bidder hereby submits for 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 ProposedSubstitution 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: 2246004.3 Willsubstitutionaffect progressschedule? Yes No If Yes,explain: H. Will substitution require more license fees or royalties than specified product? Yes No If Yes, explain: I. Will maintenance and service parts be locally available for substitution? Yes 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. 2246004.3 For Town's Use Only: Accepted: Accepted: By: Remarks: B-2 Date: 2246004.3 EXHIBIT C TO INVITATION FOR BIDS NO.CS 2015-101 [Price Sheet] See following pages. PRICE SHEET FOUNTAIN PARK PHASE6 IMPROVEMENTS CS 2015-101 NOTE:All pricing blanks mustbe filled in.Empty or unfilled spaces in the Bid Price Sheet shall result in a determination that a Bid is non-responsive. Item No,Description or Materials and/or Services Qty.Unit Unit Price Total Price Electrical 1.Light Bollards (including;footings)287 EA $740.00 $212,380.00 2.Conduit L.S.S N/A $33,200.00 3.Wiring L.S.$N/A $30,300.00 4.Trenching L.S.S N/A $35,500.00 5.Sleeving (Replace Missing/Damaged/New)L.S.S N/A $9,700.00 6.Lighting Controls L.S.S N/A $5,100.00 7.Existing Electrical ServiceAlterations(includingnewSES)L.S.S N/A $5,700.00 8.Circuit Breakers L.S.$N/A $3,900.00 9.Outletsat Amphitheater(including conduit,wires,etc.)L.S.$N/A $ 4,600.00 10.Powerand lighting to EntrySigns (including conduit,wire, etc.)L.S.$N/A $6,500.00 11.East Parking Lot Light Standards (includinc wirina and conduit)L.S.$N/A S 36,100.00 Site 12.Signage(AccessibleParking,Stop Siens,One-Way Sign)1 L.S.$N/A $1,200.00 13.Monument Signs ->EA S 6,500.00 $ 19,500.00 14.Information Kiosks (Including footings)3 EA $11,000.00 $33,000.00 15.Demolition 1 L.S.$N/A $33,500.00 16.EastParkingLot Expansion 1 L.S.$N/A $50,200.00 2246004 3 Item No.Description of Materials and/or Services Qty.Unit Unit Price Total Price 17.East Parking Lot Trash Enclosure 1 L.S.$ $ N/A $10,800.00 18.ParkingLotGates(2 arms pergate)•>EA 7,800.00 $15,600.00 19.MiscellaneousGrading I L.S.$N/A $6,200.00 20.Concrete Flatwork I L.S.$N/A %18,200.00 21.Concrete Headers l L.S.$N/A $13,600.00 Landscape 22.Landscape at Entry Signs 1 L.S.$N/A $28,300.00 23.Landscape at EastParkingLot Expansion I L.S.$N/A $44,400.00 24.Miscellaneous Turf Repair 1 L.S.$N/A $4,800.00 25.Irrigation Revisions (NewandAlter/Existing)1 L.S.$N/A $22,700.00 26.Soil Amendments 1 L.S.$N/A $3,300.00 Total Base Bid*$6S&820M 27.Alternate i -Ramp Revisions atWest Parking Lot 1 L.S.$N/A $7,300.00 l^*V_^*•» 28.Alternate 2-Electrical Tie-in for Future Plaza Lighting 1 Lj.kj.$N/A $1,700.00 *ALL BIDS ARE PRESUMED TO INCLUDE ALL APPLICABLETAXES.FEES,OVERHEAD AND PROFIT ARE TO BE BUILT INTO UNIT PRICING OF ITEMS LISTED ABOVE.CONTRACTOR IS RESPONSIBLE FOR ENSURING THAT ALL MATERIALS CONTAINED INTHE PLANS FOR THE PROJECT ARE BID ON THE PRICE SHEET. 2246004.3 C-2 2246004.3 EXHIBIT D TO INVITATION FOR BIDS NO.CS 2015-101 [Federal Requirements] See following page. Not applicable to this Project. 2246004.3 EXHIBIT E TO INVITATION FOR BIDS NO.CS 2015-101 [Licenses;DBE/WBE Status] See following page. LICENSES;DBE/WBE STATUS FOUNTAIN PARK PHASE 6 IMPROVEMENTS CS 2015-101 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 X . Ifyes, please provide details and documentation of the certification. 2246004.3 THIS IS YOUR IDENTIFICATION CARD DO NOT DESTROY * LICENSE EFFECTIVE THROUGH:05/31/2015 STATE OF ARIZONA Registrar of Contractors CERTIFIES THAT Nickle Contracting LLC CONTRACTORS LICENSE NO 107971 class A General Engineering THISCARD MUSTBE PRESENTED UPON DEMAND DIRECTOR.ARIZONA RfcGISTRAR OF CONTRACTORS ARIZONA DEPARTMENT OF REVENUE LICENSE &REGISTRATION SECTION 1600 WEST MONROE PHOENIX,ARIZONA 85007-2650 TRANSACTION PRIVILEGE TAX LICENSE -NOT TRANSFERABLE- EFFECTIVE DATE April1,1995 The licensee listed below is licensed to conduct business upon the condition thattaxesare paid tothe Arizona Department of Revenue as required under provisions of A.R.S.Title 42.Chapter 5,Article 1. 1300035917378 IIIIIMH Issued To.NICKLE CONTRACTOR LLC 6267 S157TH WAY GILBERT AZ 85298 Location:NICKLE CONTRACTOR LLC 6267 S157TH WAY GILBERT AZ 85298 07500230 ALL communications and reports MUSTREFER to this LICENSE NO. BUSINESS CLASS 013 015 Commercial Lease Contracting-Prime PROGRAM CITIES APACHE JUNCTION THATCHER BUCKEYE CASA GRANDE CHINO VALLEY COOLIDGE EL MIRAGE ELOY GILBERT GUADALUPE KEARNY LAKE HAVASU MARICOPA PRESCOTT VALLEY QUARTZSITE QUEEN CREEK SAFFORD SURPRISE This License is issued to the business named above for the address shown.Licenses,by law.cannot be transferred fromonepe'son to another,nor can they be transferred from one location to another Anzona *™.^™^n^B^the Department of Revenue if there is a change in business name,trade name locat.on.mailing ^^'.^.^^In addition,when the business ceases to operate or the business locat.on changes and a new l.cense is .ssued.this license must be returned to the Arizona Department of Revenue. According to R15-5-2201.license must be displayed in a conspicuous place. 2246004.3 EXHIBIT F TO INVITATION FOR BIDS NO.CS 2015-101 [References] See following page(s). REFERENCES FOUNTAIN PARK PHASE 6 IMPROVEMENTS CS 2015-101 Provide the following information forthreeclientsfor whom Bidder has successfully completed similar projects as set forth in Section 2.16 within the past 60 months. Failure to provide three accurate and suitable references will result in disqualification.Bidder may also attach another sheet with additional references. Company: Address City/State/Zip Code Contact: Telephone Number: Date of Contract Initiation: Date of Contract Expiration: Final Project Cost: Project Description: 2.Company: Address City/State/Zip Code Contact: Telephone Number: Date of Contract Initiation: Date of Contract Expiration: Final Project Cost: Project Description: 3.Company: Address City/State/Zip Code Contact: Telephone Number: Date of Contract Initiation: Date of Contract Expiration: Final Project Cost: Project Description: 2246004.3 City of Chandler 650 K Ryan ftH Chandler,AZ 85296 Don Tolle 480-782-2754 April 1,2014 August 29.2014 S 1,774,365 87. Centennial Park,earthwork,site lighting, landscaping,amenties Rivprsidp School District No ? 1414 S.51st Ave. Phoenix.AZ 85043 Doug Oshorn,Hess Rountree,Tnc (Project Manager) 480-496-0744 Oct.24,2014 April 2015 S 4^4,638 3? Drainage Corrections at Riverside Traditional School drainage corrections, landscape,turf,sidewalk TILS CONSTRUCTION POBOX 1807 QITF.KNr.BKF.lC,A7.85147 Marc Skonsen 480-980-0769 q-77-7014 12-1-2014 $94,411.62 Kneaders's Cafe -Avondale Demo, Overexcavate, grading, Underground Utilities,and Asphalt Parking T.ot 2246004.3 EXHIBIT G TO INVITATION FOR BIDS NO.CS 2015-101 [Bid Bond] Seefollowingpage. BID BOND FOUNTAIN PARK PHASE 6 IMPROVEMENTS CS 2015-101 KNOW ALL PERSONS BY THESE PRESENTS: THAT,Nickle Contracting,LLC called Principal), as Principal, and organized and existing under the laws of the State of with its principal office in the City of Pes Moines Merchants Bonding Company (Mutual) Iowa _(hereinafter a corporation ,(hereinafter called the Surety),as Surety, are held and firmly bound unto the Town of Fountain Hills,(hereinafter called the Oblitiee)in the nenal sum of Ten Percent (10%)of Bid Amount,Ten Percent of Bid (Dollars)($io%ofBid )lawful money of the United States of America, to be paid to the order of the Town of Fountain Hills, 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 and in conformance with A.R.S. Section 34-201. Fountain Park Phase 6 Improvements WHEREAS, the Principal has submitted a bid/proposal foncs 2015-101 NOW,THEREFORE,if the Obligee accepts the proposal of the Principal and the Principal enters into a Contract with the Obligee in accordance with the terms of the proposal and gives the Bonds and Certificates of Insurance as specifiedintheStandard Specifications withgoodand sufficientsurety forthe faithful performance of the Contract and for the prompt payment of labor and materials furnished in the prosecution of the Contract,or in the event of the failure of the Principal to enter into the Contract and give the Bonds and Certificates of 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 and such largeramountfor whichthe Obligee may in good faith contract with another party to perform the Work covered by the proposal thenthis obligation is void.Otherwise it remains in full force and effect provided,however,that this Bond 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 suit on this bondshall recover as part of thejudgment reasonable attorney fees that may be fixed byajudge of the Court. Witness our handsthis 8th day of 2246004.3 January 2015 Nickle Contracting,LLC Principal Seal A By:^_.;-y,^^S^i <-*& Merchants Bonding Company (Mutual) Surety Seal Bv:,™^J^^J~AAjlJLs George L Frieh Attorney-in-Fact Southwest Surety Bonds,Inc. Agency of Record Merchants BONDING COMPANY, POWER OF ATTORNEY KnowAll Persons By These Presents,that MERCHANTS BONDINGCOMPANY (MUTUAL)and MERCHANTS NATIONAL BONDING. INC.,both being corporations dulyorganized under the laws ofthe State of Iowa (herein collectively called the "Companies"), and that the Companies do hereby make,constitute and appoint,individually, George L Frieh of Scottsdale andStateof Arizona their true and lawful Attorney-in-Fact,with full power and authority hereby conferred intheir name, place and stead, to sign, execute, acknowledge and deliverintheir behalf as surety any and all bonds,undertakings,recognizances or other written obligations inthe nature thereof,subject to the limitation that any such instrument shall not exceed the amount of: TWO MILLION ($2,000,000.00)DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies,and all the acts of said Attorney-in-Fact,pursuant to the authority herein given,are hereby ratified and confirmed. This Power-of-Attomey is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of Directors ofthe Merchants Bonding Company (Mutual)on April23,2011 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 24,2011. 'The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any VicePresident shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal ofthe Company thereto, bonds and undertakings,recognizances,contracts of indemnityand other writingsobligatoryin the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power ofAttorney or Certification thereof authorizing the execution and delivery of any bond, undertaking,recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof,the Companieshavecaused this instrument to be signedand sealed this 13thday of August ,2014 STATE OF IOWA COUNTY OF POLK ss. Y&\2003 /*/ -o- 1933 •••#• *?••^ MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING,INC. By President Onthis 13thday of August .2014,beforemeappeared Larry Taylor,to me personally known,whobeingbymedulysworndid say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL)and MERCHANTS NATIONAL BONDING.INC.;and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof,I have hereunto set my hand and affixed my Official Seal at the City of Des Moines,Iowa,the day and year first above written. STATE OF IOWA COUNTY OF POLK ss. 4*W*WENDY WOODY o iL %Commission Number 784654 *°Ha r-My Commission Expires June 20,2017/Q\N^ \XxqQQ- Notary Public, Polk County, Iowa I.William Warner,Jr..Secretary of the MERCHANTS BONDINGCOMPANY (MUTUAL)and MERCHANTS NATIONAL BONDING.INC. 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 still in full force and effect and has not been amended or revoked. In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this 8t dayof January . 2015 • POA 0014 (7/14) :*r«-O-!«••—».w*^-.-0 2003 o- 1933 ^:<*%><^£*^/^', Secretary •\o •-,,°5£:Ov,/ • •••• BID BOND FOUNTAIN PARK PHASE 6 IMPROVEMENTS CS 2015-101 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 penal sum of Ten Percent (10%)of Bid Amount,(Dollars) ($) lawful money of the United States of America, to be paid to the order of the Town of Fountain Hills, 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 and in conformance with A.R.S. Section 34-201. WHEREAS, the Principal has submitted a bid/proposal for:. NOW, THEREFORE, if the Obligee accepts the proposal of the Principal and the Principal enters into a Contract with the Obligee in accordance with the terms of the proposal and gives the Bonds and Certificates of Insuranceasspecifiedinthe StandardSpecificationswithgood and sufficientsurety for the faithful performance of the Contract and for the prompt payment of labor and materials furnished in the prosecution of the Contract, or in the event of the failure of the Principal to enter into the Contract and give the Bonds and Certificates of 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 and such larger amount for which the Obligee may in good faith contract with another partyto performthe Workcovered by the proposalthen this obligation is void. Otherwise it remainsin full force and effect provided, however, that this Bond 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 suiton this bond shall recover as partof thejudgment reasonable attorney fees that may be fixed by a judge of the Court. Witnessour handsthis day of 20 . 2246004.3 Principal Seal By: Surety Seal By: Agency of Record t# 2246004.3 EXHIBIT H TO INVITATION FOR BIDS NO.CS 2015-101 [Key Personnel/Subcontractor Listing] KEY PERSONNEL/SUBCONTRACTOR LISTING FOUNTAIN PARK PHASE 6 IMPROVEMENTS CS 2015-101 Key Personnel and Subcontractors listed herein shall be utilized on this Project. Category:Personnel/Subcontractor Name,Contact Information: Concrete Dynamic Concrete,Scott Simmons 602-999-5901 2246004.3 2246004.3 EXHIBIT I TO INVITATION FOR BIDS NO.CS 2015-101 [PerformanceBond] See following page. PERFORMANCE BOND FOUNTAIN PARK PHASE 6 IMPROVEMENTS CS 2015-101 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 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 prevailingparty in a suit on this bond shall recover as part of the judgment reasonableattorney fees that may be fixed by a judge of the Court. Witness our hands this day of 20 . 2246004.3 Principal Seal By: Surety Seal By: Agency of Record j 2246004.3 EXHIBIT J TO INVITATION FOR BIDS NO.CS 2015-101 [Payment Bond] See following page. PAYMENT BOND FOUNTAIN PARK PHASE 6 IMPROVEMENTS CS 2015-101 KNOW ALL PERSONS BY THESE PRESENTS: THAT,;(hereinafter called Principal),as Principal, and , a corporation organized and existingunderthe 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, successorsand 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 andmadea parthereofas fully andto thesameextentas ifcopiedat 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,thatthisbondis executed pursuant to the provisions ofTitle34,Chapter 2,Article 2,Arizona Revised Statutes,andall liabilities on this bond shall be determined in accordance withthe provisions, conditions and limitations of Title 34,Chapter 2,Article 2,Arizona Revised Statutes,tothe same extent as if they were copied at length in this agreement. The prevailing party ina suiton thisbondshallrecoveras a partofthejudgment reasonable attorney fees that may be fixed by ajudge of the Court. Witnessour hands this day of , 20 . 2246004.3 Principal Seal By: Surety Seal By: Agency of Record 2246004.3 EXHIBIT K TO INVITATION FOR BIDS NO.CS 2015-101 [Acknowledgments of Addenda received] See following page(s). 1 ' 2246004.3 EXHIBIT L TO INVITATION FOR BIDS NO.CS 2015-101 [Tentative Calendar of Special Events] See following page. Special Event Calendar 2014-2015 February 14 Love in the Hills Saturday 4-6pm Fountain Park Sami Fine Jewelry & Gifts/TOFH February 15 Powerman USA-Fountain Hills Sunday 8:30am Fountain Park Powerman USA February 20-22 Great Fair Friday-Sunday 10am-5pm Downtown Fountain Hills Fountain Hills Chamber of Commerce February 21 Ragnar Relay DelSol Saturday TBA TBD Ragn3r Events February 25-28 Memorial Championship Disc Golf Tournament Wednesday- Saturday TBA Fountain Park PDGA & AZ Disc Golf Club March 1,3,15,22,29 Conceits In the Park Sundays 2:30pm Fountain Pi Fountain Hills Community Services March 7 13,h Annual Kite Festival (BasantMela) Saturday llam-5pm Fountain Park Pakistan Information Cultural Organization (PICO) March 8 Mountain to Fountain 15K Sunday 8:00am McDowell Mountain Regional Park/Fountain Park Bandido's RunningClub March 15 St.Patrick's Day Celebration Sunday 10am-5pm Fountain Park AMVETS and Fountain Hills Community Services March 17 St.Patrick's Day Tuesday Noon Fountain Park Community Services March 20-22 Fountain Hills Fine Art &Wine Affaire Friday-Sunday 10am-5pm Avenue of the Fountains Thunderbird Artists March 21 Charity Motorcycle Show Saturday 9am-3prn American Legion Sons of the American Legion& American Legion Riders March 21 Persian New Year -Picnic Day Sunday N/A Fountain Park N/A March 28 Relay for Life Saturday 12pnvl2am Fountain Par!.-American Cancer Society TBD Chester's Torch Ride Saturday 10:45am- 12;30pm Shea Blvd Chester's Harley-Davidson & AZ Special Olympics March 28 Eggstravaganzal Saturday 8-10am Golden Eagle Park Fountain Hills Community Services TBD El Tour de Mesa Saturday 8:15-9:15am Shea Bivd Perimeter Bicycle Association April 5 Easter Sunrise Service Sunday 6am Fountain Park Fountain Hills Ministerial Association April 11 Movie in the Park Saturday 7pm Fountain Park Fountain Hills Community Services April 12 P3W5 in the Park Sunday n-3pm Fountain Park ADOG &Fountain Hills Community Services April 25 Crush Brew Craft Beer Festival Saturday 11 am-7pm Fountain Park TBD May 22 Fountain Hills High ScFrool Graduation Friday 7:30pm >unta7n Park FHHS May 25 Memorial Day Monday N/A N/A N/A *ltems marked in RED are tentative.+ltems in BLACK are confirmed.*ltems marked in BLUE are holidays fHighlighted items are weekly or monthly events Updated 10/13/2014 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:2/19/2014 Meeting Type:Regular Session Agenda Type:Regular Submitting Department:Administration Staff Contact Information:Ken Buchanan,Town Manager;480-816-5130;kbuchanan@fh.az.gov Strategic Planning Goal: C3 Solicit public/stakeholder feedback Operational Priority:Not Applicable (NA) REQUEST TO COUNCIL:CONSIDERATION of RESOLUTION 2015-05,relating to the sunset of the Public Safety Advisory Commission. Applicant: Applicant Contact Information: Property Location: Related Ordinance,Policy or Guiding Principle: Staff Summary (background):At the Council Retreat held on January 29,2015,Council agreed to consider a resolution to sunset the Public Safety Advisory Commission (PSAC)based on the following: •PSAC was formed in 2004 when the Marshall's office was disbanded in order to "observe"the transition to a single law enforcement agency; The transition to contracted law enforcement has gone well; Council approves public safety contracts and the Town Manager administers the contracts; It is logical to sunset PSAC due to lack of a work plan; Task forces could be assigned as needed if specific issues arise; Currently only two commission terms are active (two commissioners resigned and three terms expired on December 31,2014). 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):Staff recommends approval of Resolution 2015-05. List Attachment(s):Resolution 2015-05 Page 1 of 2 SUGGESTED MOTION (for council use):MOVE TO APPROVE Resolution 2015-05 relating to the sunset of the Public Safety Advisory Commission. Approved: (X*<**Cl*s^ Ken Buchanan,Town Manager 2/10/2015 Page 2 of2 RESOLUTION NO.2015-05 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,RELATING TO THE SUNSET OF THE PUBLIC SAFETY ADVISORY COMMISSION. WHEREAS,the Mayor and Council of the Town of Fountain Hills (the "Town Council") previously created the Public Safety Advisory Commission, f/k/a the Public Safety Commission (the "PSAC"),pursuant to Resolution No. 2004-07; and WHEREAS,the PSAC was formed to (i)provide the Town of Fountain Hills (the "Town")departments (through the Town Manager)with recommendations for determining the focus and goals of the Town's law enforcement and fire and emergency medical services; (ii) enlist community support for the Town Council's public safety policies and programs, as carried out through the departments'activities; (iii) assist in establishing community partnerships to educate the community regarding the needs and goals of the Town,as identified by the departments; and (iv) research and make recommendations to the Town Council on issues requested by the Town Council or the Town Manager; and WHEREAS,the Town Council has determined that the PSAC has accomplished the purpose for which it was created; and WHEREAS,the Town Council now desires to abolish the PSAC,pursuant to the Town Council Rules of Procedure,Amended and Restated February 6,2014,Section 9.1(D)Sunset (the "Sunset Rule"). NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. Based on the determination that the PSAC has accomplished its purpose, the Town Council hereby abolishes the PSAC pursuant to the Sunset Rule. SECTION 3. The Town Council hereby expresses its appreciation for the hard work and dedication of all who served the Town as members of the PSAC. SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are herebyauthorizedand directedto take all steps necessaryto carry out the purposeand intent of this Resolution. [SIGNATURES ON FOLLOWING PAGE] 2307326.1 PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, February 19,2015. FOR THE TOWN OF FOUNTAIN HILLS:ATTESTED TO: Linda M.Kavanagh,Mayor Bevelyn J.Bender,Town Clerk REVIEWED BY:APPROVED AS TO FORM: Kenneth W.Buchanan,Town Manager Andrew J.McGuire,Town Attorney 2307326.1 2312142.1 RESOLUTION NO. 2015-06 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, TERMINATING CERTAIN DEVELOPMENT AGREEMENTS RELATING TO TOWN CENTER PROPERTY. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”) approved a Development Agreement with MCO Properties, LP, recorded May 5, 1997, MCR Document No. 1997-0300066 (the “Original Town Center Agreement”), relating to property transfers and land development rights, as follows: (i) an exchange of the Town’s then- existing civic center property (in Town Center) for the land where the current Civic Center is constructed (including a release of deed restrictions); (ii) a transfer of the Fountain Park property to the Town; (iii) a dedication of certain preserve property to the Town; and (iv) establishing certain development rights for multifamily projects in the Town Center area; and WHEREAS, the Original Town Center Agreement was amended once, as recorded on October 26, 1998, MCR Document No. 1998-0956087 (the “First Amendment”) to reduce the number of units permissible in the Town Center area and to eliminate completed obligations; and WHEREAS, the property covered by the Original Town Center Agreement and the First Amendment was transferred from MCO Properties, LP to Park Place Properties, LLC (“Park Place”); and WHEREAS, Park Place has requested the Town agree to terminate the Original Town Center Agreement and the First Amendment in order to facilitate a new development within the Town Center area; and WHEREAS, Park Place has executed the Notice of Termination of Development Agreement, attached hereto as Exhibit A and incorporated herein by reference, evidencing its consent to termination of the Original Town Center Agreement and the First Amendment; and WHEREAS, the Town Council finds and determines that all of the obligations under the Original Town Center Agreement and the First Amendment have been fully satisfied or are of a nature that should be abandoned to facilitate development within Town Center. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The Original Town Center Agreement, recorded May 5, 1997, MCR Document No. 1997-0300066 and the First Amendment, recorded on October 26, 1998, MCR Document No. 1998-0956087, are hereby terminated. SECTION 3. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to execute the Notice of Termination of Development Agreement and to take all steps necessary to carry out the purpose and intent of this Resolution. 2312142.1 2 PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, February 19, 2015. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M. Kavanagh, Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Kenneth W. Buchanan, Town Manager Andrew J. McGuire, Town Attorney 2312142.1 EXHIBIT A TO RESOLUTION NO. 2015-06 [Notice of Termination of Development Agreement] See following pages. When recorded return to: Park Place Properties,LLC 1221 Cleveland Street, Wilmette,IL 60091 Attn:Mr.Sam Gambacorta NOTICE OF TERMINATION OF DEVELOPMENT AGREEMENT This Notice of Termination of Development Agreement ("Notice of Termination")with respect to that certain Development Agreement recorded on May 5, 1997, as Document No. 1997-0300066,as amended by that certain Amendment to Town Center Development Agreement recorded on October 26, 1998, as Document No.1998-956087,as memorialized by that certain Memorandum Regarding Town Center Development Agreement (collectively,the "Development Agreement")as it applies to the real property described in Exhibit A hereto,is executed on /:jLQ-rL^X\'W /y,2015,by the Town of Fountain Hills,an Arizona municipal corporation (the "Town")and Park Place Properties,LLC, an Arizona limited liability company ("Owner"). The Town and Owner hereby acknowledge and represent that the terms,conditions, rights and obligations under the Development Agreement have been either fully satisfied or are hereby abandoned with respect to that certain real property more particularly described in Exhibit A,attached hereto and made a part hereof (the "Property"),and agree that the Development Agreement is hereby terminated with respect to the Property. This Notice of Termination is public notice that from and after the date of recordation hereof,the Development Agreement shall have no further force or effect with respect to the Property and shall no longer burden the Property in any respect, nor shall the Town,or Owner,nor any of their respective successors or assigns,have any further rights or obligations under the Development Agreement as it relates to the Property. This Notice of Termination may be executed in any number of counterparts,each of which shall be deemed to be an original and all of which,when taken together,shall constitute one and the same instrument. EXECUTION PAGES FOLLOW Page 1 of4 2303653.2 "Town" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Kenneth W.Buchanan,Town Manager ATTEST: Bevelyn J.Bender,Town Clerk Approved as to Form: Andrew J.McGuire,Town Attorney (ACKNOWLEDGMENT) STATE OF ARIZONA ) )ss. COUNTY OF MARICOPA ) On ,2015,before me personally appeared Kenneth W.Buchanan, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed the above document,on behalf of the Town of Fountain Hills. Notary Public (Affix notary seal here) Page 2 of4 2303653.2 "Owner" PARK PLACE PROPERTIES,LLC, an Arizona limited liability company L^^^Ia, Sam Gambacorta,Member (ACKNOWLEDGMENT) STATE OF; COUNTY O ^ Orv/S^jQ/fllULnjJ c9 0 2015,before me personally appeared SamGambacoi^>fenager of PARK PLACE PROPERTIES,LLC,an Arizona limited liability company, wnose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed Jhe above document on behalf of the limited liability company. (Affix notary seal here) 2303653.2 ,?^ix NANCY A.WALTER fc'li&^a Notary Public-State of Arizona VVVA.-.tf MARICOPA COUNTY MyCommission Expires Jan.1.2016 Page 3 of4 Page 4 of 4 2303653.2 Exhibit A to Notice of Termination of Development Agreement Legal Description of the Property Lots 1, 2, 3 and 5 of “A Final Replat of Block 7, Plat No. 208, Fountain Hills, Arizona, Book 144 of Maps, Page 4,” according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, recorded in Book 615 of Maps, Page 49. Lot 1 of “A Final Replat of Block 2, Plat No. 208, Fountain Hills, Arizona, Book 144 of Maps, Page 4,” according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, recorded in Book 615 of Maps, Page 48. Issue 3 ‐ January 30, 2015 Legislative Overview Activity in committee an d the fl oor picke d u p this we ek as l egislators finishe d th e ir third we ek of session. To date , 943 bil l s an d 64 resol u tions an d memor ial s h ave bee n introduce d. Th e re is stil l only on e bill signe d, HB 2064, gradu ation requ ire me n t; civics test. Residential Rental Th e House Ways and M eans Committee wil l be con sidering HB 2254 (mu nicipal tax exe mption ; reside n tial le ase ) M onday afternoon . Sp on sore d by Rep re se ntative Darin Mitche l (R‐Litchfie ld Park), th is bil l proh ibits mun icipalitie s from imposin g a re siden tial ren tal tax an d re quires th ose that al r e ady have this tax to re du ce the rate by 25% e ach year u ntil the rate is ze ro. Th is wil l be a tre men dou s r e ven ue loss to man y of ou r cities and towns, with a l ocal bu dge t impact of more than $87 mil lion . We en courage you to registe r your stron g opposition to th e bill, both in committe e an d with your l e gislative del e gation. License Accountability Th e Hou se Judiciary Committe e approved HB 2212 (lice nsing; accoun tability; enforce me n t; e xceeding re gu lation) with a 5‐1 vote . Curr e nt law prohib its mu nicipal ities from basin g lice nsing decisions in whol e or in par t on lice nsing requ ir e me nts not spe cificall y au th or ize d by statu te , ru le, ordinance , or code. Th is bill, sp on sore d by Re pre sentative Warren Pe te r se n (R‐Gil bert), expre ssl y states th at violating th is statute can be enforce d by pr ivate civil action an d requ ir e s that the lan gu age of this se ction of statute to be printed on l icen se applications. The spon sor agree d to ame nd th e bill to ad dr e ss th e Le ague 's con cerns abou t ope ning th e door to frivolou s lawsuits. Alarm Installers HB 2504 (board of tech n ical registration; al arms), re move s al arm installe rs from th e Board of Techn ical Re gistration and al so e liminates the r e qu ire men t for al arm install e r s to have cr iminal backgroun d che cks. The Leagu e oppose d the bill and bel ie ves that alarm in stall ers sh ou ld be finge rprin te d an d che cked for se riou s crime s be for e be ing all owed acce ss to citize ns' homes. The bill passed the House Commerce Committe e by a vote of 6‐2. The spon sor Re p. Warre n Peterson (R ‐ Gilbert) did say he would be will in g to ame nd th e bil l to return some l e vel of crimin al backgrou n d checks for th e instal lers. The bil l n ow proce e ds to the Ru le s Committee . Inclusionary Zoning On Wedn esday, th e Se nate Gove rn men t Committe e passed SB 1072 (local pl ann ing; reside n tial h ousing; proh ibitions) by a vote of 4‐2. Sponsore d by Se n. Steve Smith (R ‐ Maricopa), th e bill p re ve nts cities an d town from requiring de vel opers to set aside a portion of th e ir n ew apartmen ts as l ow income housing. The Le ague opposed the bill as there are no cu r re nt mu n icipal itie s th at do this an d th e re are cu r re n t state l aws that prohibit r e nt control an d regu l atory takin gs. SB 1072 n ow goes to th e Rule s Committe e . Waste Management SB 1079 (solid waste col le ction ; multifamily h ousing) p assed the Se nate Governme nt Committee on Wedn esday by a vote of 5‐1. The bill , spon sored by Se n ator Gail Griffin (R ‐ Hereford), se e ks to tre at mul ti‐famil y h ousing th e same as commercial prope rties, therefor e al lowin g private waste h aule rs th e ability to provide service withou t havin g to serve sin gle family homes in the same are a. The Le ague oppose d th e me asu re base d on th e ne e d to e nsure prope r service pr ovision an d not require th e mun icipal itie s to be the provider of l ast re sort. The propone n ts of th e bil l did state that th ey woul d be will ing to work on some of th e Le ague 's con ce rns. Th e bill now moves on to th e Ru le s Committe e. Legislative Bill Monitoring (All bil l s be ing active l y monitore d by the Leagu e can b e found he re .) HB 2212: l ice nsing; accou n tability; en for ce me nt; e xcee ding re gulation HB 2504: board of te chn ical registration ; al arms SB 1072: l ocal plan nin g; reside ntial h ousing; prohibition s SB 1079: sol id waste col le ction ; multifamily housing Legislative Bulletin is published b y the League of Arizona Cities and Towns. Forward your comments or suggestions to league@azleague.org. Issue 4 ‐ February 6, 2015 Legislative Overview As we con cl ude th e fou r th we ek of session, the l egislature is in fu l l ope r ation al mode , with lon g committee age ndas and fl oor activity. To date, 1083 bil l s and 76 memorial s an d resolu tion s have bee n in trodu ced. Th e Sen ate de adlin e for bil l introdu ction was Fe br u ary 2nd, and the simil ar Hou se deadlin e is Fe bruary 9th . Th ere is stil l onl y on e bil l signe d by the Gove rn or . Residential Rental Th e Hou se Ways an d M e ans Committee passe d HB 2254 (mu nicipal tax e xe mption ; resid e ntial l ease) Mon day afte rn oon by a vote of 5‐4. Sponsore d by Re presen tative Darin M itch e ll (R‐Litchfie ld Park), this bil l proh ibits mu n icipal itie s from imposin g a reside ntial ren tal tax and requ ire s th ose that already h ave this tax to re duce th e rate by 25% e ach year un til the rate is zero. Ou r research in dicates a de vastating reve nu e l oss of at le ast $87 mil lion to our cities an d towns. M ayor Lewis of Gilb e r t, Mayor M eck of Bu ckeye , and Mayor Price of Maricopa al l te stifie d in opposition to th e me asu r e , citin g seve re fin ancial harm to the ir re spective mun icipal itie s. The bill wil l now proce ed to th e Ru le s Committe e. We stron gl y e n courage you to make your opposition known to you r legislators. TPT Reform Foll owing wee ks of intense ne gotiation s invol vin g th e Le ague and many stakeh old e r s, a pair of b il ls h ave bee n introdu ce d to cl arify con struction contractin g issu es e me rgin g from the TPT reform l e gislation of the last two years. SB 1446 TPT re form; contr actors is spon sored by Senator Debbie Le sko (R‐Pe oria) an d HB 2590 TPT reform; con tractor s is sponsor e d by Repr e se ntative Kare n Fann (R‐Prescott). Th e bil ls clarify the definitions of terms such as "al teration " and "replace men t," an d provide a brigh t‐lin e test for both re sidential and comme rcial proje cts to be abl e to de te r mine wh e n th ey fall in to th ose categorie s or are con sidered prime con tracting. It al so clarifie s which type s of bu sin ess own e rs are re quire d to have a TPT licen se . Th e bil l allows l icen se d con tractors who are doin g alteration proje cts to con tin u e buyin g al l mate r ial s with out tax and re quires the m to pay retail TPT to th e ju r isdiction wh ere the pr oject is be ing d on e. The two bill s con tain id e ntical l angu age so th ey can be quickl y advan ced to Governor Du cey for his signatu re . Photo Radar On Fe bruary 4th SB 1167 ph oto radar ; proh ibition passed th e Sen ate Pu blic Safety and M ilitary Te chnol ogy Committe e by a vote of 5‐1. Spon sored by Sen . Ke l ly Ward (R ‐ Lake Havasu City), th e bil l prohibits local au th or itie s an d state agen cies from u sin g a ph oto e nforce men t syste m to identify re d l igh t and speed limit viol ators. The Leagu e oppose d the b il l and h ad exp e r t te stimony on th e efficacy of ph oto en forceme nt systems, bu t to n o avail. Th e bil l goes on to the Ru l es Committee . Public Agency Indemnification On M onday, th e Hou se Coun ty and M u nicipal Affair s Committe e passe d HB 2324 intergovernmen tal agreements; pu bl ic age ncy inde mn ification, by a vote of 8‐0. Spon sore d by Rep. We n inge r (R ‐ Chan dle r), th e bil l state s that an intergove rn men tal agree men t may re quire one public age ncy to defen d, in de mnify or h ol d harmle ss th e othe r public agen cy for l iabil itie s, damage s, l osse s an d costs only to th e exten t cau se d by ne gligen ce, reckl essn ess or inten tion al wrongfu l con duct. The Le ague su pp orted th e bil l as it is a Le ague Re sol ution and will re su lt in th e appropriate parties be ing hel d l iabl e . The bil l n ow move s to the Ru l es Committee . Municipal Elections On M onday, th e House Ele ction s Committee passed HB 2543 mu n icipal e l ections; majority vote cal cul ation , by a vote of 6‐0. Spon sored by Re p. Ugen ti (R ‐ Scottsdal e), the bil l establishe s a for mul a for de te rmin ing th e majority of vote s cast in mu n icipal el ections for the office of mayor or city cou n cil. If more can didates re ceive a majority of votes th an there are se ats to be fil l ed for th at office , th e candidate s who receive the h igh est n u mbe r of votes shal l be de clared e lecte d to that office. If no can didates or not en ough can didate s rece ive the majority of votes cast, th e nu mb e r of can didate s who advan ce to the ge neral or ru n off e lection mu st be e qual to twice the nu mbe r of se ats to be fill e d. The Le ague sup por te d th e bil l as it is a Leagu e Resolu tion an d will save taxpaye r dol lars by e liminating un ne ce ssary e lection s. Th e bill now moves to the Ru le s Committee . Legislative Bill Monitoring (All bil l s be ing active l y monitore d by the Leagu e can b e found he re .) HB 2254 mu nicipal tax e xe mption ; re side ntial lease SB 1167 ph oto en forceme nt; prohibition HB 2324 intergovernmen tal agreemen ts; publ ic age ncy in de mnification HB 2543 mu nicipal el ections; majority vote cal cul ation Legislative Bulletin is published b y the League of Arizona Cities and Towns. Forward your comments or suggestions to league@azleague.org. Issue 5 ‐ February 13, 2015 Legislative Overview Th e bill deadlin e s have now passe d for both ch ambe r s. Th e re h ave been 1138 bills in trodu ced and 83 memorials an d resolu tion s. This is down con side r ably from years past. On ly on e bil l h as be en sign ed, th e civics te st graduation requ ir e me nt. The ne xt major deadl ine is Febru ary 20th , th e final day to h ear bills in the ir origin al ch ambe r. TPT Reform Foll owing we eks of in te nse n egotiation s invol vin g the Le ague and man y stakeh old e r s, SB 1446 TPT reform; contractors, sponsored by Sen ator Debbie Lesko (R‐Peoria), was h eard in h er Se nate Finan ce committe e on We dn e sday. After a brief expl anation of th e proposal , al l parties in vol ved expre ssed their appreciation for e veryone 's effort and the bil l passed un animousl y, 5‐0, and now goes on to the Rul e s committe e. Th e companion bil l, HB 2590 TPT r e form; con tractor s, spon sored by Re presen tative Karen Fan n (R‐Pre scott), will be h eard in th e House Ways & M ean s committee on Mon day, where it is e xpected to garn e r the same re ce ption. The bil ls clarify th e de finitions of terms "al te ration " an d "r e pl aceme nt"; provide brigh t‐l ine tests for both reside ntial an d commercial projects to de te r mine wh e n th ey fall in to th ose categorie s as oppose d to bein g con sidered prime con tracting; an d il l uminate which contractors are required to ke ep th eir TPT l icen se going forward. Th e bill al lows l ice nsed contractors who are doin g alteration proje cts to continue buyin g all mate r ial s with ou t tax, provided th ey pay retail TPT on th e material s to th e ju r isdiction where the project is bein g done . Th e two bill s con tain iden tical langu age so th ey can be qu ickly advan ced to Governor Du cey for his sign atu re . Firearms Th re e bil ls related to fir e arms were h e ard this wee k an d al l three passe d: SB 1291 fire arms; state pre emption ; pe nal tie s (Sen . Steve Smith ‐ R, M aricopa), SB 1330 secon d amendme n t violations; prohibite d activities (Se n. Ward ‐ R, Lake Havasu City), an d HB 2320 firearms; pe rmit holders; publ ic pl aces (Rep. Barton ‐ R, Payson). SB 1291 provid e s var iou s pe n alties for an y pol itical subdivision th at passe s ordin ance s, rule s or re gulation s that violate the state pre e mption on fire ar ms. The se pen al tie s in clude inju nctions against the ordin ance , te rmination of empl oymen t for those re sponsible , an d th e abil ity for th e party aggrie ve d or the ir me mbe rsh ip association to cl aim damages. Th e bill passe d th e Senate Committees on Federalism, M and ate s an d Fiscal Re sponsibility, and Public Safe ty and M ilitary Te chn ol ogy. SB 1330 state s th at state agen cies or pol itical su bdivisions can not fol low fe deral law th at is in viol ation of the Secon d Amen dme n t of the U.S. Constitu tion . If a pol itical subdivision doe s viol ate th is measu re , the state tre asu re r is proh ibite d from transfe rring any mone y to th e su bdivision in the fiscal ye ar after th e final jud icial determin ation . Al so, the pe rson re sponsible for the violation is re move d th eir position an d is un abl e to serve in official dutie s there afte r. The bill did pass the Se n ate Committe e on Fede ral ism, M andate s an d Fiscal Respon sibil ity, bu t was stricke n from its oth er assigned agen da, so its fate is u nkn own at this time . HB 2320 gives pu blic building and e ven ts the ch oice of al l owing con ceale d weapon pe rmit h old e r s en try with their firearms, or pu tting up el e ctron ic scree n ing de vices an d having secu rity personne l at the en tran ce s an d se curing th e firearms. Th e Le ague oppose d du e to th e cost of su ch measu re s and th e ability of local gove r n me nt to have decision makin g au th ority with ou t incu rring su ch costs. The bil l passed House Mil itary Affairs and pu bl ic Safe ty by a vote of 6‐3 and n ow goes on to the Ru l es Committee . Responsibility of Utility Service Payments On Wedn esday, th e Se nate Government Committee passe d SB 1342 respon sibility of payme nt; u til ity se rvices, by a vote of 7‐0. Sponsore d by Sen ator Gr iffin (R‐He r e ford), the bill states that for reside ntial prope rty of fou r or fewe r un its, a garbage col lection service provide r, pr ivate water compan y or se wer corporation is proh ibited from requiring paymen t of garbage col le ction se rvice rates and charges by anyon e othe r th an the pe rson wh o the provide r or company contracted with to provide th e se rvice , wh o ph ysical ly reside s or re sided at th e prope rty, an d wh o re ceive s or rece ived the se rvice. Th e same con ditions apply to a mu nicipal ity's ability to r e qu ire paymen t of un paid utility user fe es. The Le agu e was n eu tral on this bil l as it mirrors pre vious utility payme nt l egislation. Th e bil l now move s to the Ru l es Committee . Unduly Burdensome Public Records Requests On We dne sday, the Se n ate Gove rn me n t Committee passe d SB 1339 p u bl ic re cords; un dul y burde nsome re que sts, by a vote of 6‐1. Sponsored by Se n ator Sh oote r (R‐Yuma), th e bil l make s it a defense to an y action on den ial of access to pu bl ic r e cords that the request for access is u ndu ly burde nsome or h arassing. Th e bil l describe s an u ndu ly bu rden some requ est as be ing u nman ageabl e or l acking r e asonabl e particu larity. The Le ague sup por te d th e bill as it provid e s mun icipalitie s with an addition al de fen se to particular public r e cords reque sts. The bill n ow moves to th e Ru le s Committee . Financial Information Posting and Public Officer Removal On Thu rsday, the House Gove rnme nt an d High e r Edu cation passe d HB 2315 fin ancial in formation; comprehe nsive datab ase ; posting, by a vote of 6‐2‐1. Sponsored by Re p. Barton (R‐Payson), the bill states th at if a l ocal governmen t fail s to compl y with the requireme nt to e stabl ish an d maintain an official in te rn et we bsite that is availabl e to th e pu bl ic and that contain s a compre he n sive reporting of al l re venu es an d e xpen ditures ove r $5,000 of l ocal monies, th e pu bl ic officer re sponsible for posting th e information is su bje ct to removal for mal fe asan ce in office . Th e Leagu e suppor ts Re presen tative Barton 's e fforts to increase governme nt tr ansparency and the ove rwh el ming majority of mu nicipal governments are in compliance with curre nt law. Howe ve r, th e Le ague is conce rn ed that the punishmen t prece de n t doe sn 't adequ ate ly contemplate hone st mistake s. Th e bill now moves to th e Ru le s Committe e . Legislative Bill Monitoring (All bil l s be ing active l y monitore d by the Leagu e can b e found he re .) SB 1446 TPT re form; contr actors SB 1291 fire arms; state pree mption; p e nal tie s SB 1330 secon d amen dme n t violation s; prohibite d activities HB 2320 firearms; pe rmit h olders; pu bl ic pl aces SB 1342 respon sibility of payment; utility services SB 1339 pu bl ic records; u nduly burde nsome requ ests HB 2315 fin ancial information ; compreh e nsive database; posting Legislative Bulletin is published b y the League of Arizona Cities and Towns. Forward your comments or suggestions to league@azleague.org.