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HomeMy WebLinkAbout170518PJ NOTICE OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Linda M. Kavanagh Councilmember Dennis Brown Councilmember Nick DePorter Councilmember Henry Leger TIME: 6:30 P.M. WHEN: THURSDAY, MAY 18, 2017 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS Vice Mayor Alan Magazine Councilmember Art Tolis Councilmember Cecil A. Yates 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. z:\council packets\2017\rl70518\170518a.docx Last Printed: 5/11/2017 1:16 PM Page 1 of 3 CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh INVOCATION — Associate Pastor Dan Redwine, Christ's Church ROLL CALL — Mayor Linda M. Kavanagh MAYOR'S REPORT i) None. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) The Mayor and/or Council may review RECENT EVENTS attended relating to Economic Development. CALL TO THE PUBLIC Pursuant to A.R.S. §38-431-01(H), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during "Call to the Public" unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda. CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, non -controversial matters and will be enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an item on the consent agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the Agenda. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from April 24 and May 4, 2017. 2. CONSIDERATION of approving a Second Amendment to Professional Services Agreement (#C2017-007) with J2 Engineering, in the amount of $139,159 for the Adero Canyon Trailhead Construction Project Post Design and Construction Observations. 3. CONSIDERATION of approving the FIRST AMENDMENT to Cooperative Purchasing Agreement C2017-044 with Pipeline Video Inspections LLC, by not more than $10,000.00 for the Initial Term and each Renewal Term, and increasing the total not -to -exceed compensation for the entire Term, from $200,000.00 to $240,000.00, for storm drain pipe and structure cleaning, television services and storm drain pipe repair. 4. CONSIDERATION of approving CONTRACT C2018-002 with Continental Flooring for carpeting and tile for the Community Center and Town Hall in the amount of $170,000. 5. CONSIDERATION of FILL WAIVER request by MCO Properties and Toll Brothers to waive the requirements of Subdivision Ordinance Section 5.03.G, in order to permit graded un -retained 2:1 fill slopes with in Adero Canyon Parcels 1 and 7. Case #CFW 2017-02 z:\council packets\2017\r170518\170518a.docx Last Printed: 5/11/2017 1:16 PM Page 2 of 3 REGULAR AGENDA 6. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding OWNERSHIP/ACQUISITION of the Del Cambre Court and Del Cambre Court West rights-of-way within the Mirage Heights subdivision. 7. CONSIDERATION of RESOLUTION 2017-18, adopting the 2017 Town of Fountain Hills Strategic Plan. 8. CONSIDERATION of ORDINANCE 17-01, amending the Town of Fountain Hills Town Code, Chapter 7, relating to payment of fees. 9. 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. a. League of Cities and Towns Bulletin(s) 10. 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. 11. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, individual Councilmembers, and the Town Manager. 12. ADJOURNMENT. DATED this 11th day of May, 2017. 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. z:\councilpackets\2017\rl7O5l8\170518a.docx Last Printed: 5/11/2017 1:16 PM Page 3 of 3 J NOTICE OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Linda M. Kavanagh Councilmember Dennis Brown Councilmember Nick DePorter Councilmember Henry Leger TIME: 6:30 P.M. WHEN: THURSDAY, MAY 18, 2017 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS Vice Mayor Alan Magazine Councilmember Art Tolis Councilmember Cecil A. Yates 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 durin2 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. z:\council packets\2017\rl70518\170518a.docx Last Printed: 5/11/2017 1:16 PM Page 1 of 3 CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh INVOCATION — Associate Pastor Dan Redwine, Christ's Church ROLL CALL — Mayor Linda M. Kavanagh MAYOR'S REPORT i) None. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) The Mayor and/or Council may review RECENT EVENTS attended relating to Economic Development. CALL TO THE PUBLIC Pursuant to A.R.S. §38-431-01(H), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during "Call to the Public" unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda. CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, non -controversial matters and will be enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an item on the consent agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the Agenda. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from April 24 and May 4, 2017. 2. CONSIDERATION of approving a Second Amendment to Professional Services Agreement (#C2017-007) with J2 Engineering, in the amount of $139,159 for the Adero Canyon Trailhead Construction Project Post Design and Construction Observations. 3. CONSIDERATION of approving the FIRST AMENDMENT to Cooperative Purchasing Agreement C2017-044 with Pipeline Video Inspections LLC, by not more than $10,000.00 for the Initial Term and each Renewal Term, and increasing the total not -to -exceed compensation for the entire Term, from $200,000.00 to $240,000.00, for storm drain pipe and structure cleaning, television services and storm drain pipe repair. 4. CONSIDERATION of approving CONTRACT C2018-002 with Continental Flooring for carpeting and tile for the Community Center and Town Hall in the amount of $170,000. 5. CONSIDERATION of FILL WAIVER request by MCO Properties and Toll Brothers to waive the requirements of Subdivision Ordinance Section 5.03.G, in order to permit graded un -retained 2:1 fill slopes with in Adero Canyon Parcels 1 and 7. Case #CFW 2017-02 z:\council packets\2017\r170518\170518a.docx Last Printed: 5/11/2017 1:16 PM Page 2 of 3 REGULAR AGENDA 6. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding OWNERSHIP/ACQUISITION of the Del Cambre Court and Del Cambre Court West rights-of-way within the Mirage Heights subdivision. 7. CONSIDERATION of RESOLUTION 2017-18, adopting the 2017 Town of Fountain Hills Strategic Plan. 8. CONSIDERATION of ORDINANCE 17-01, amending the Town of Fountain Hills Town Code, Chapter 7, relating to payment of fees. 9. 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. a. League of Cities and Towns Bulletin(s) 10. 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. 11. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, individual Councilmembers, and the Town Manager. 12. ADJOURNMENT. DATED this l Ith day of May, 2017. 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. z:\council packets\2017\r170518\170518a.docx Last Printed: 5/11/2017 1:16 PM Page 3 of 3 71 f4$t-i, xVr s Ill1lII Meeting Date: 511 812 01 7 Agenda Type: Consent TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Administration Staff Contact Information: Beve€yn 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 April 24 and May 4, 2017. 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, fist 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: Bevelyn Bender, Town Clerk 5/812017 Approved: s Grady E. Miller, Z:: ager 51912017 Page 1 of 1 rv,*.r� TOWN OF FOUNTAIN HILLS ► N Z n TOWN COUNCIL �—, ,-, AGENDA ACTION FORM Meeting Date: 5/1812017 Meeting Type: Regular session Agenda Type: Regular Submitting Department: Community Services Staff Contact Information: Kevin Snipes, 602 721-3908, ksnipes@fh.az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving a Second Amendment to Professional Services Agreement (#C2017-007) with T2 Engineering, in the amount of $139,159 for Adero Canyon Trailhead Construction Project Post Design and Construction Observations. Applicant: NIA Applicant Contact Information: N/A Owner: Town of Fountain Hills Owner Contact Information: NIA Property Location: McDowell Mountain Preserve Related Ordinance, Policy or Guiding Principle: NIA Staff Summary (background): J2 developed the design„ bid documents and an addendum for the initial phase of interim utilities for the Adero Canyon Trailhead construction project. Staff has determined that it would be in the Town's best interest to have J2 continue their services with the Adero Canyon Trailhead construction project post design and construction observations through the completion of the project. Risk Analysis (options or alternatives with implications): N/A Fiscal Impact (initial and ongoing costs; budget status): $139,159.00 Budget Reference (page number): #356-357 PG.356 Funding Source: NA If Multiple Funds utilized, list here: Developmental Fees and CIP Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): The McDowell Mountain Preservation Commission is in support of the agreement. Staff Recommendation(s): Staff recommends approval. List Attachments) Original PSA, first amendment, second amendment, bid and scope of work. SUGGESTED MOTION (for Council use): Move to approve the second amendment to the Professional Services Agreement (#C2017-007) with J2 Engineering, in the amount of $139,159 for the purpose of continuing services for the Adero Canyon Trailhead construction project post design and construction observations through the completion of the project. Page 1 of 2 Prepo by: // 7 KebpPark' 5���'2 7 Director's Appr4C Rachael G elel _oo InCo -teri mmunity�Sewiccees Director 5/2/2017 Grady E. Miller, Tq n M pa333 ger 5/212017 Page 2 of 2 Conlracll No. C2011-007 PRO FESSIONAJL SEMVIICHS AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND J12 EN GINE ERIN(; & ENV IRO NMENTAL DESIGN;, L.L.C. TIHIS PROHESSIONAU SHRMICES ACREHMEINT (tlia "Agrecimcirt is einiteirec inta ala ofJlunei 2, 2016, bcitweein thci Tcwr cflIlountalin Hills, an Arizona municipal aorflarailion ljthei "'T(wn"), and 32 Hnginciaring & Environmental Design, L.L.C., ar.i Arizar.a lirrliteld liability company (tbe "Car.sultanl"). RECITALS A. Me Towin is in riciec of tid dciclurreas for the Adera Cfinyon Tlrailhaad (thb "Trailheiad"). B. The flown has deilermirieid that ciomplatitive solia ration is nc1 in the Tlown's best inleireisil beicaiusei Cor.isultarlt preipareid thei original deitaill design for thea Trailhead in 200`1 to SI9% completion, has tt a same slaffl iri places since 200`1, including thea main arahile:ct and projecit mpervisoti, arid) has performed additional vuoik ralateid lci the Trailhead oveir the lasl several manths. C. Pwstant to Secitiori 11.2 of thea Town's Procurement Policy, the Town and the Consultant deisitia to enter into This Agreamcint fkir 1he purpose of (i) astablishin8 thei teirm: and caridlilions by wil ich Consultant may plravidei tt a Town with bid c acuments Ijupdaled 950/4, 100% aril bid ready final submitllals) for the Trailhead (1he "Seniiceis"), els morel pairliciulatily set fbAh in Secit:ian 2 belaw, and (ii) Belting lhci rriaxlimurr, ani to be expleindec pursuant la 1h:is Agraerrieni redateid la the Sarviciesi. A GREE MENT NOVO, TIHEREFCRE, in cionsidatialion oflthei fotiegaing :iriltioduclior and rtic;ilals, whicl five incarporallec Eatiein byl reif6rencle, thei following mutulal coveiriants arid concitians, find alher gaad find valuiab:lei acinsiderait:icir.i, the recie:ipt avid suffiie,ieinciy of which are t atiety acknowledged, the Tcwri and thei Consu11ani heireby agree as follows: . 1. Teirrri ( f I Aja eemc ir, i1. Tlhi s Agreiem en1 shall bel effecl iv ei as c fl the date fust siel farth alovei find shall remain in full fkircei and effeict until June 1, 201'), urieiss tcainainfiteid as athcawise ptiovi ded in this A grecimemt. 21. Scrape aflW(6. Consullanl shall provide the Services as seat ftirth in 1he Scope of WorN, allaclhec heneia els Exhibit A and incarporialed hci ir. byltleftuience. ?I. U mpariseitian. Thei Town shall pay Cc rlsultar. l sin eirriounl nal to excieed 3 '126;,1127.00 fbir the Serviaeis at 1he rates set fbrth in lha Hae Arapasal, attacblec heneto as pairt of Bxhibil A. (172453.] 4. Payments. Th a Towne sihall pay thea Consultant monthly, h aiseid upcir.i wajik performed and eomp:latec to c ate, and uplcn submisisiion and approval of invoicies. All invaiaes .il all doaument and iteim:iae all wark ecimp leled to c ata. Each in vo:icie statement shall inch c e ei reciord of time erplendeid arid world parformed in siufEa:ient del ail to justify p alynjant. Tlhe acntrael nurriber muisl t a referancad circ gill irivoiees. 51. Documents. All daciumenU, inciluding any intellectual p raperty rights d arato, plrepareid and submitlick la the Tciwri puirsuiant to this Agreeimant shall be the prciplerty elf lha Town. f. Consultar 1 Personnel. C onsu 1 ant shal l proved a adequata, exparier lack parscinnal, clap able of and devaled to thea successful p eirfbrmalnca of th a Scirvicies under this Agreemer 1. Canslullanl agraesi to assign sipeeifici individuals to kay positions. Clansliltalnt agreas that, upon aommenceunant of I 1 he Sen ices to bel perfbrmed ur id er lhis Agreement, key parslonnal shall not Ea removed or i epl aceid wi thoul prior writllen not icie lo the Tawn. If ld ey personnel aj a not availaibla to perfarm the Sen iceis fbr a aonlinuauisi pariac cixccieid:irig ?ICI cla:landaii c ays, aii arc eixpacted to de,%ale subsitalntidly lass affbri to tha Servicas than inilially anticipated, Consultant shall immckialely notify] tha Town of samcl and shall, siubjecl to the concnurencei cif flee Tawn, replace such parsionnul with persionnel possessiing siubstaintiially equail ab:ilityl and quialiflcaliar.is. 1. Inspect:ian, Acceplanee. All world shall be subjecl to Tir.ispleclion and aaaepilancie by the Town at remonablle limes dl ring Consultant's perftirmalr.iae. Thei Cansultarit shall provide gird maintain ai self -inspection systeim that is aacciptable to the Tawn. H. Licerisesi. Materials. Consullar.it shall maintain in current staltu s ei1:1 fbdeirail, slate and local liciensies and permils ilequiircid for the opercalion of the business conducted by the Carisuiltant. Thee Tawn has na obligation to provide Consultant, its cimp'ciyeco or subcontlacitors any busir.iessi regjstrations ar l:icienscis requhied to parfarm the specdfia servicas sal forlh in 1h:is Agreiemerd. Tlhc Tawn has no obli8ation to prcn idei fools, equipmienl ar material to Consultant. 9. Peribrmance WarrairV. Consullanl warrarits that the .larv:icies reiridered will cianform to thea requirements aft this Agreemcir,it Bind to thei highmo professional staridar6i in the fend. 1 CI. Indamn:ificat:icin. Ta th ei filllest extent permiltad by law, d a CanaLiltant shall indemnify and holt d h armless the Town and eiach cai nc:i l mumbur, off laer, emplay ec1 ar agent theraof (the Tlowr and any such perscir.i being hweiin called an "Indemnified Plarly"), far, fram amid against any aril all losses„ claims, damages, liabilities, gads and ci)�penses (including, but not Ilimiled to, rciasionahle atlorneys' feels, courl ciosts and Ni casts of appelllale procciadings) to which any such Indelmnifed Harty may teciomei subjecit, under any lheary oflliabillit31 wihatsociver ("Claims") to the extent lhal siuch Claims (or actians in respuat thereof) ane causmed by the neg'igcint acU, racklessnass ar inlenlioria:l misconduct of the Clcnsultaint, illi officiers, employcies, aigerts, or any ticir cifl subcontractor in eannection with Consullanl's work ar services in lha plarformarce afl lhis Agreemelnt. Tha amount and type) of insurance cioverage raquiremerilsi set ftmlh bcdowi will iri noway be construled as limiting lha scoplei cif th a indemnity in this Saction. 7 (172453.'. 2 11. Insurancie. 11.1 General. A. Insurer C)m if3aatiom. Wiithoul limiting any obligait:icros or liabilities oft Consultant, Consultant stall purchase and maintain, al :ils own eixp ense, hereinafter slipullated min:imurr lnisuranaa with imiurancei camparies autharizeid to do buisilness in The Staltei cif IArizona pursuar,it Io Attu. REV. STAv. § 20-2(1(, as amended, with air AM E alit, Inc. rating of A- o1 aboma with policies and forms sat:isfacitary to tl'e Town. Failure to misinlain insujancie cis specified heirein may re:iult :in lermination of this Agreiemenl at the Towne"s aption. H. No Remreiseintatian oflCoveiragci Adequaic . By neicuiring insurance herein, the Town docis not nciprescnt that coverage and limils will be acequetci to proteud Cansultant. The Tawn reserves thea r:iglht To rieview an)l and all of ti insurance policies and/or endorsem ends c:il ed it tt i s Agreement, but has no ob l i gal ion lo do so. Fai luuie lo demand suoh evidence of full oomplliamce w:ilh Thu insura nca nequinemenls sel ftirth iri tl: is Agreement on failure to identify an} insuirancie defcieincyl stall not relieve Consullanl from, ncu be oonslrued or deemed a waimer of, itsi obligation to maintain thea uequiircd insurancie at all times curing tt ei p erform ancie of this Agreem en1. C. Additional Insured. All imurancie coverage, amept Worlcers' Campcnsaitlon insiuranoe and IlrofessionaI Hal:ility insurances, :ifIapplicabla, shall name, do lhu filllesl emtent purmitted by law fdr cilaimis crhi ng out ofl dile perfarmancei of tt is Agreemend, the Town, its agents, representatives, offioens, dirciators, officials and cmployaw as Additional Insured as sipcicifed unden the riespecitivei eovcuagei secifam of Ihisi Agreement. D. Covura a Teirm. All insurance required herciin shall be mairitaiined in 6111 force and effbol uir.til all work ori servicies required To bei perfbrmcid under the lerms oft this Agreement eine sialisifacitorily performed, campleiteie avid formally aocepted bN the Town, un': ess sipeaificid otherwuise in lhis Aglreemcnt. H. Brim arm+ Irisuranaei. Consultalnt's irisurnance ;ihall be pnimcry imiuranoe with respecit to performance ofl tHs Agmement and in the proleation of the Town mi an Add'tional In;iuired. R. Claire,, Madei. In the enacirit any insuranc(i policies riequireid by ttis Agreement ara written on a " alairra made" basnsi, aavenagle shall emtend, vitter by Meeipingl coverage in fbncci ar pwicheising an emtended reporting option, ftm three years past ciomplel ion and accieptancei ofIthe siemicesi. Such continuing coverage sihall be evidenced bN submission ofl annual Certifcales oflIrisuranae citing applicable ooverage is in force and ciontalinis the provisions as required herein for th a three -yeah peiriod. G. Waiver. All policies, e)ciepl fbr Ilrofbssionall Liabi'lity1, including Workers' Compensatiori insurancie, shall aantain a waimen ofl fights of reciovury (,;abrogation) against the Town, its agents, repneiseintal'vas, officials, officani wind 26724!3.1 3 timployeeis fdir anN claims arising out oflthe wark or senicas of Consultant. Consultant shall arrange to have ,iuch sutroglation waivars inaorporated into each plcl:icy via formal wr ittlen eindorsemenl 1 hereto. H. policy Deductibles aind/or Self -Insured Rater.iticros. The policies set fdlrth in these requiramants may provide coverage that cons ams ded ucl ih les or stdf- insured retention amounts. Such deducliblles or selfl-insured ratertian shall nol be appliciablla with respecit to the palicry limit; piioVi ed to the Town. Consultant shall' to solely responsible for any such deductible cr scilf4risured retention amount. I. Usti cif Subeontraators. If arty work cinder this Agraomant is sutconUaaled in any way, Clonsullanl shall axeciuta written aglrecimcnts with its subaontraclors cantain:ing the indemnification provisions set farlh in this ScKilion and insurariae requireirr ants sal forth hartiin plrotecting the Town and Consultant. C ansullan1 shaill be resplorisible fbr exactitirigl any agraemenU with its subconlracitors and otlainingl cierlifiaales of insurance verifying) 1he insurance requirements. J. Fvidance oflInsurar.cti. Prier to commencing any work or services under this Agreement Consultant will provide the Town with suilable cividenaa of irsuranae it the ftnim of aertifaales cif ir.strancie and a copy of the declaration plage(si) of the insurance pcdiaieis as required by this Agruamont, issiued by Cansultant's :irisurance insurar(s) as evidence thait policies are placed with acaepllable insurcirs as specified hereiin and provide thu required ccverapes, aonditions and limits of coven age spacifad in this Agreem nt and that such coverage and provisions are in full fibrae ane effect. Confidential information such as the policry premium may ba redacted from the declaration page(s) oil ciach insurar.icti palficy, provided thal such redactions do not alter an} of I tha information required by this A grleement. The Town shaill tieasonat ly rely upon the aartificates of insurance and declaration pages) ofItha insurance paliaies as enr'dence of coverage toil such acceptance Eird reliance shall not waive or alter in any waN the insurance requirements or obligations oflthis Agreemeril. If any of the pcl:iaies raquired by this Agreetrient expire during the life of thisi Agreemeint, it shall be Consultant's iesponsitility to forward rerewal cerlificattis and declaradion page(s) to the Town 30 days prior to the expiration date. All cerlificattis of insurarica ar.Ki dec.laralians requlireld by this Agreeimant shall be idenlifiied by rafarenaing This Agreamant. A 91215.00 adrninistraiti-se fee shall be assessed for all aerlificateis or dticlarations reaa:ivad withaLd a reference to this Aglretimant. A&itionallyl, certificattis of insurance and declaration pages; of the insuraircci policicis subrnided wilhoul reflirenair.ig this Agreement will be scbjact to rej ex l ion and may be ric itu rnad or d iscalyded. C lertifiaal es of it surance and decf arati on page(s) shall specifically inaludei the following provisions: 111) The Tawri, its aigerts, representat:i-sesi, officiers, direatars, officials and emplcryeeis are Additional InsnrrcKls as folllows: (a) Commarcial Gerieiral Liability{ — Undeir Insurances Sarviccis Office, Inc., (`°190") Form CG 20 10 03 511 or equivalent. 2672451.1 4 (b) Auto Liability — Ulndar ISO Borm CA 20 481 or equivalent. (c; Excess Liability — Follow Harm ta underlAng insiuraniae. (2' Consultant's insurance shall bei primary imurar.ca with reisipecl to pleirifortrianee cif Ihis Agreement. (3) All policies, axceplt for Professional Liability, inalu6ng Wlorklars' Compensalion, waives rights oflreccvery (1suibragatilon) agaiinst Tawri, its agents, raprasantalivwi, ofEceiis, officials ainid eimpaayaes fon any) claims arising cul afIwork or soniiow plerformed by Consultant undar this Agrciemeint. (q; ACCRD ciertifaale of :inisiurancei form 2_'1 (2014/01' is preferred. Ifl ACIORD ceirtificate of insureince form 25 (3001/08', is used, the phrases in 1he aanaellatiori provision "eindcavor ta" aric "bul failure to mai] such naticie shall impose no alligation or liability] of any kind upon tf a company, its ageritS oti representatives" shall b e dcleled. Clertificate forms other than M ORD fbrm shall have similarncislrictiye lariguagei delated. 11.2 Required Insurar.ice Ccuerage. A . C lamm ercial Geingral Liability. Consultant shall maintain "occurrence" form Commercial Gerieral Biabiliity irisuranicei with em unimpairk limit of not less Than $1,000,00 far each oecurrcinca, $2,000,(1(1(1 Pnoduats and Campleled Operaticris Annual AglgpieigWci and a $2,000;,C100 Geinenad Aggregate Uimit. The policy) ,hall cover liabilit)l arising filcun premiseis, operationsi, indapendemt contraclorsl, produicts- complateid opcirations, plemsonal :injury and advertising injury. Coveiragci under the policy will ba at leasl as broad as ISO policy form CC 00 010 93 ar equivalenl theraof, including but nol limited ta, seplaralicm of imiured's clause. Ila thea ib,llest extent allowed by law, far claims wising out of thei peirform anon aft this Agreemcint„ th a Town, its agents, replreisentatives„ officers, cfflcials and employrieis shall be cited as an Additional lnsurec undcir ISO, Commercial General Liability Additional Insiurec Endorscimenl form CG 3(I :10 (12197, cm equivallent, which shall reac "`Who is an Insiurec (Section Il) is amtanded to include asi an insured the person or otigatnizatlon sihcwn in the Schedule, buil only wit. respect lc HEibility atihiing out of ")out work" for thal insured byl or fon you." If anN Excess insimiance is utilized to fulfill thci rieiquinennentsi of thin subsect:ian, such Elxc cim insurancei shall be "follow fhrm" equal ar broader in coveiragci scape 1hari unclerlyingl insurance. B. Vehicici Liability. Consullant shall rria'nlair Businass Automobila Liability insurance with a limit of $1,000,000 each oecurrer.ice on Consultant's owned, hired wind rear--owred vehialas assigned to or weed in the planformiance oftthe Cam ullanl'a wonkl ar services under thisi Agraemenl. Covaragci will be at leash as broac cis ISO coverage code "1" 'NuM auto" policy fUrmi CA 00 01 12 9:1 ar equiiwdenl thereof. To the fullest exlent allowai by law, fdr claims aiiising out of the pleirformanca of tris , 67245].] Agraement, 1he Town, :its agenU, reprasentatives, offiaers, &iiecilors, officials and cimploycres shall be ailed as an Addilionail Insured unceir ISO Husir.iess Auto policy Designaled Insured Hndorsurnarit fdrm CA 20 48 or aquiNalent. lflany Emaess insurar.iael is ulilizad to fullfi:ll then requirements of this sutsuction, such Excress insurarica sla:11 bel "fblla,A form" eqt al or bnoadem in caN erage soopa th an underlying insurance. C. hlrofer.rs:ianal Liability. Ifl this Aglreurnar.it is then subljacl aft any praf6ssional scrrvicres ar work, or ifltte Consu:llard angagles irr ainy prafessional serviaes ar world adjunct or rasidual to performing tie work) under this Agreement, tie Car.istiltant shall maintain Prafbssioneil Liatility instirancre ccvering r.iegliger.t errars and ornissiar., arising out of lha Servicers parformad by the Consultant, on anyone ermplloyerd by the Consultant, ar anyarie for whaser nagll:iaent accts, mistakes, errors and ornissiorisi lhci Consultant is lagally liable,, with an unirnpanred liabillily insurarlae limit of $2,000,000 each claim and $2,000,000 annual agglregater. D. Wlarkers' Compar.sation llrrsurancia. Consultant sharll maintain Warkers' Compensation insuranaci to coven alligations imposed ty faderal and stale statutes having jurisdiet:icm over Consullanl'si emplayeies crigagad :in thci performance ofl work or sarvicres under tiisi Agmeunernt and shard] also maintain Employems Lialility Insurance of not less thar.i 91 100,000 fon each aacidenl, $'10(1,000 diseiase far each emplayea wind 911,000,000 disciase policy limit. 11.3 Cancellation arc Hxpiration Noticei. Insurarce rcgi1ireid hereiin shall not expira, ba aarmaleid, or be materially changed with aut 30 c ays' prior writllen notiaei to the Town. 112. Tcnmimation, Camraerllation. 12.1 Flor'Down's ConNeniencer,. This Agreement is for 1he cronveniciricei of the Tawrr and, as sivah, may be tenminaleid witiaut caiwie afler recre:ipt ty Ccrostdtarnt ofwritlen naticre by tie Tawn. Upan 1 erm inaticm flar aonvem ienae, Consultant shall be paid for all unc ispul ed senriicas plarformed to thea Iermiinati an dater. 112.2 For Clause. if eitheir party fh?]s to perfarm einy of Iigat-1ar pursuant to tUi Agreiemieril arse miah party fails to crure its ncmperfcumaincer within :10 days afler notice oil nar.iperfarmaincei is given by 1he nan-d(ifhullting party, suet party will tie in dcifhult. In 1he event of sucrh dafhu:ll, the non4efaulting party may lermiriater this Agracirrant immiediale:ly fbr clause and will Lave all retrieidiaa That are available to it a1 law or in eiqu:ity including, witiaut limitation, th e reimady of I sr eciifi c performances. If the natures of the c efaulting party's nonparform ante is sucrh tial it cannot reasoriably be cureid withiri 30 days, then thea deflaulting part) will Iavei suci add'tiar.iall pciriods afItimei as mary l ei roasonably ncicessary unc eir the circumsrlanaes, pravidad then c afatilting plarty immediately (A) provides writllen nolicre to tha nari-defaulting party ane (13) aommcncei.i to cures its ronperfbrmancer and therreafl:cnl diligenllyl aontinucr:r to camplletion tt a aura of its nonpcirformanica. In na evant shall any such cure period excreed 90 days. In the event of such 1 eirmnnati on for cat isa, payrr ent shall le made by tha Town lo 1he C onsull ani for thea undispulec portion of its fea dura as of do Unnination dale. 267245].1 6 12L 1 Due Io Work Stappagea. TMi Agreeimanl may bei terminated by Vhe Town upon 30 days' written naticie to Consullanl in thea eaverd that t1a Servicers area permarnenlly at andonead. In thea event at such terminalion cue tca work stoppage, plaaymeant shadl be mace by thea Town to thea Car.ist ]tent fbr the undisplutec portion of its fee due as of the Umnination dates. 12.4 Conflicat of Interest. nis Agreeunent is suHjeot do the plrcavisicar.is of AR12. REvi. STAT. fl ?IFI -S :I I. The Town ma) cianael Ihis Agneeameni without penalty or furlhen obligatians by tf a Town car any of its departments on agencies if any peuascm signif caandy itivolved in in itiating, neglotiaating, sect ring, draiff~lnig on aneaatinig this Agreement on behalf ofl the 'Dawn or arry ofIits der artrrenls or agencies is, act any time while Ihis Agreement or any extension of this Agreement is in efftict, sin employeea ofIany other party to this Ageeeamemt in aany oapacaity on a oonsultaril to any other plataty oflthis Agreement with Iespact to the nuibjeacat matican of this Agreaemeni. 12.fl Gratuitieas. The 'flown maN, by written notice to the Celnsultant, cancel this Agreement ifl:il pis found by the Town that gratuities, in the fdrm of eacaonomic opportunity, future eamployment, eanterlaainment, Ofts or otherwise, were offknaed on given Hy the Clansultant on anN agent or rapt eseantaativea of the Cor isultaant to aril officer, agent or eamplayeea of tHa'Hawin for tha purpose cif securing this Agneemant. In the event Ihis Agreement is caancieled by the Tcawra pursuant to this ptaovision, the Town shall be entitled, in acdition to any other nights avid remedies, to neciover and withhold from the Consultant an amount aqua] tca l `I(I°/a ofttha giatdity. I2.( Agneaement Subjeacat Io Appropriation. Tha Town is atliglatud only Io pary its otligations set fooh :in this Agreement as may lawfnllly Ha made from funds approplriadec nand ttdgeled far that purpose during the Tbimn'sa thcin eurrer.it fiscaal yeas. Thci Town's obligations unden this Agraement ane caurrert eraipenscas subjecd to the "budget law" anc the unfeatlercad legilslalive chicretican of We Tcawn concerning budguled purposes aand appnoplrialion ofl funds. Should the Tlown elecit not to approplriale and budget ftlr.ids to pay its Agreement cil:ligations; th is Agreement shall 1: ea defamed Iatmiinalec at thea end of thei than -current fiscal ycaat Ierm for whicah such funds were appropriated aanc budgetcid for sucah purpose and the Town shall be nelieavec of anry subseaquend obligalion under Ihis Agleerrieint. Me parties agmie that the 'Down has no abliplation cui dut3l of gaac faith to budglet on aappnopr:iate thea payrrleni of the Town's obligations seit forth in this Agneement in ani budget in amy B,iaal year alher than the f1hiaaal yeati in which Ihis Agreiement is executed and duliverec. Thei Town shall be tha sole judge and atthority in cetarrrainirig thea availability of funds ftar its otligatiami uinden this Agrecamenl. The Tawr ,shall keep Consultant inftumeac as to the availability of funds fon thti,a Agreaemenl. The obligatican of tha Tciwn to make a nN payment pursuar.it to thi,i Agreement is not a general abligalior on indeibtedness afl tliei 'Ilovan. Consu'taant herciby waives any and all niglits tca bring any cllaim against thea "Ilown from car nelating in anN way to the Town's teum'natian caf this Agreaement pursuant Io Ihis,ioclion. 13. Miscedlaneaous. 1?I.1 Independent Clcantractcar. II is clearly undeuastood Thal eaacih party will ad in its indiuiduad caapacTityl and nol as are agent, eamployee, rlantnean, jocinl ver.itunear, ar associale caf thei cathcar. An amployeei on aagenl of one party shall not be deemed an consti-ueid Io ba thea employaei car aa8enl of t thea othen fbn any purposewhaU oeval . TH ea Cor isull and acknowledges and agrees th it 2677453.1 the Serviceis provided under this Agreement erci being prov'ced as an indeplendcnt contlaator, not a.i an employcie or ageril of the Tawn. Consullaril, its employees aind subconUaators are not entitled to wuodders' aornplensation hencifits filom the Town. The Tawn Coes ncil have the eutharity to supervise or ciontral the actual work of Ccnstiltarit, its emplayocis ar sntbciantraclom. The Ccnsultant, and riot the Tawn, shall dutcrmine the limes of ils performiar.iae of thu services prowidud unc er th:is Agrecimcnt sio long as Consultant mciets the regtiitiuments oflits agreed Saape oflWcirkl as set ftirtb in Auction 2 aibovci. Clcnsultant is neithcir prahibitec from entming Tinto other aaritraicU rion prollibited fiom plracdaing its plrafesision alsiciwheuie. Town and Consiullant do not :intend to nor will that' ciombinu business aperatians uric er this Agreciment. 13.2 Appliciabla Law, Wnue. IIhis Agreemicint shaill bei gow arncid by the laiw s of the Stapes of Arizona and suit perlairiing to lhis Agreement maybe brought only in caurts in the Maricapa Counly, Arizana. 13.21 Ilaws and Regulalioris. Cansultard siblall teep1 fully inftirmed arid shall at all timas during th a plenfomranae of its dul:ieis unc er this Agrecumnt ensure that it an c any person for wbomi the Canstiltant isi resiponsiblu abkea by, and rerna:iris iri ciamplliancci with, all rules, regullatiami, cu-dinanecis, sitatutus or laws affecling the Servicies, incduding, but nat limiled to, tte f6low:ir.i8: (A) exisiting and future Town and County] ordinances wind regulablomi, (B) existing and futulre Slate arid Federal laws arse (C) existing and future Occupational Safcityl and Bciallh A dministral ion standards. 13.4 Amendmenls. Th's Agreement may be madif ed only by a written amer.idment signed by pjcmiomi dully authorized to cater :irto aontracu on behalf oflthe Towun and the Clonmilanl. 13._fI Provisions Mequired by Lam. Each and every ptovision of law ane any alause required by law to ba in this Agreeunent wall be read and enforcied as thaugh it ware incfluded hencun and, iflthraugh mistakle or atharwise any stiaH plravisian isi nat inserted, or is net ciarreatlly insetled, then upcn the appl:iaalian of either party, chis Agrecunent will promptly be physically amended to make siuch insertion or carrciction. 13.E Scvereibility. The provisions of this A grecuncnt ata sevcirable to the extent that arty pravisic ri or application held to be iriwalid by a Ccitirl of campataril jurisdiction &all not affect any either plrovisiicn or appllicat:icn of th's AgreKimerit wh:iah may remain in effect without th a inw alid pravi sign on aplpl iaati on. 113.7 Relationship of thu Parties. Il is cleanly undcirslood that eaah pants{ will act in its individual capacity] and not as an agant, emplayeci, peirtnem, joint venturer, ar amociale of the other. An ernployeie or eigent oil one party shall nal be daerned of construed to to the eunploycie on agent oflthu other for any purpase whatsociwer. The Ccirisultant is adviscid Thal laweis ar Social Sciourity payments wuill nat lei withhek fk im any Town payments issued hereuncer ane C amisultant agroesi to be ftlllsl and solely resplcinsiblu fon the payment of such taxes or any athcui lax aplpl:iaable to th is Agneemenl. 12I.8 Enlina Areemcnt; InterproUlticr., Banal Evidence. This Agtciarnienl rupre.;ienVs tha entire agroetrienl of the parties with respuat to its subject matter, ane all plreviaus 2672453.1 agreemients, wahelher oral car wriillen, einteirec inlo prior to this Agrciernant arca hcireby revoked ar, c superseded by this Agrcieiment. No raprciseinteil'or is, wrarrar fas, inducarn nts or al al agreaemerIs tai beim made b31 any of the Flarties except as axpressly scil fbrlh heirein, or ir.i any cathcar ciontaripotianaous writlen agraemeant exaeuted for lhci purposes oflciarrying out the provisions cifl this Agreement. 'phis Agreement shall be cionstrucid and inteirpreled aaeucarding to its plains meaning, and nci presumptian shall be dcierrad to arlrlly in favor of, oti against dei party drafilirig this Agrciement. The parlicas acknawledgei anc agree thait ciauh has had the oppartunilty to seek and utilize legal aaunsel in the drafting of reviews of, and aritry inta th is Agrciarr ant. 13.51 Assignmen4; Delegalia. No right or interest in this Agreement shall bei assignee or ceilagaled by Ccm,tiltanit withoul Frior, wrritllen permission of the Tlown siggec by thei Town Mari and no delegaCori of any duty of Cor sullanl shall be madei wiitbout pr: ar, writtcir.i peirtnission aflthei Tlown signeid by 1he Town Manager. Any attampled assignrrp or cedagaticm by Carisuiltant in violation of this provisian shall be a breach of This Aglleiemenl by Consultant. 13.10 Subcontracts. Na subaarittacit shall be enl grad into by thea Cansultaant %mitt any cathcar party to 11frish any aft the maler'al or seaniaas speciifed herein wa:ilhout the prior wn-itten arpraval aft The Town. The Corisulunl is responsible for peirformanua undeu this Agreaem enl whathar car nat ,iuh contlacitors arca i scad. F aiilure to pery subciontraiclors in a tirn ely manneir pursuant to any subciontract shall be a mateirial hreacah aflthis Agrcaement by Consullarit. 13.11 Rigblts and Remedies. No pra%ision in this Agrcaameant shall ba ucnslruad, cixprciss'y or by iimplicatian, as waiver by thea Tawn of any existing ar future right and/or remedy ava1ablci bylaw in the event of Eary claim of default or braaahl oilth:is A greemenl. The fililure cafl 1he Town to insist upon the shicit panformancie (if any lerm or caandilion cif this Agraemcnt car to eisierciise ora delay the exeroisea of ar.y rigf,t or remedy pro%id& in this Agrecirri or by tenni, car the TIown's aeciepilancia of ane payment ftir sci ices, shall not release the Consiu11an1 from any nespeinsibiliticis car obligations imposed by this Agreamant or by law, ar.ie shall not be eeeamad a waivcir oft any riight of the Tcawn to iri iisl urian the ,licit perfbrmiancie of this Agraemienl. 13.12 Atllorngys" Bees. lr.i the cavent eithcar parity brings anyl aciticn fcir any relief, deicllarfatory ar cilherwaisea, arising cM oflthis Agrecamcir.il or on acicourI of any tirieacah or default henaecifl thea pticivailing patty shall be enlitlec to neaaiva fi•cim 1he othear party reasonable firs' files ane reasonable caosts and expenses, determined by the courl sitting withaut a jury, whicill shall bei deemed to Have accruied on the commorioemenl aft such faction and shall bei enforcaed wrholhcar or not siuch action hi proscicuted through jucgment. 13.121 Hier s. All] rr. aterials or senvicies shal l bei frcaa of l all l:iensi find, if tbci Tciwni requests, a fcurmal release of all licir.is shall be delivcuaed to thea Hawn. 13.14 Offset. A. Offset for Damages. In adcition to all ather rcamadies al lfaw or equity, thea Town rray offsel from any money due to 1he Cansultant any aur.ound Consullanl owns to the Town fon damages resulting fram braaah or defilcienoico in perfdrmancea or breach of any obligation undcu th is Agrcierrieint. 2672457.1 51 H. Offsel for Delinquent Aegis or Taxan. Thea Town may cffsat frorr an) monaN cua to the Consultar.l an) amciunts Consultant cwas to tha Town fon delinquand fbcas, tralnsaalioni pcivileige laxeis and plraperty taxes, including any inlerast or penallias. 13.1 Notices and Rlequasts. Any, nalice or athar caommunicalicani required or permitted to ba given undar 4his Agreemenit shall ba in writing and shall be cecamec tc have been duly given if (A) delivered to tha party at the address seat farth t a: ami, (E, dep cisitk :ir.i tit a U.B. Mail, registered cm certiifledl, retulrni recaip4 recluested, to tha address setl forth bcilow or (C; given to a recaogn:i2fle and reipullablei cavernight delivery service, to the address saet forth below: If Ito the Town: 'Down of Fou rilain Hills 1(705 East Avarue of thea Fourilains Bounlain Hills, Arizaria (1_`13(81 Attnl: Grady E. Millar„ Tlown Manager With claply llo: GUST RosENFELD P.U.C. One East Washingloni Street, Suitci 160CI Phocinix, Arizona 8� ON -25521 Attrl: An draw A. McGuire If to Consultant: JI2 Hnglnecring & Envircirar ir.ta] Design, L.LI.C. 4649 East Conlon Gin Lloapl, Eli. ite E 2 Phoenix, Ani gonia 85040 Attrl: Jleff6ryEnglemanr on al ;uch otheir adcreisi,i, and to 1he atlenlion of suich other person or officeir, as an) party rray designlale in wriling byl notice duly given pursuant to this siubsaeution. Noliues sahall bei deemed received (A) when delivered to the party, (E; threie business days after being placead in the U.S. Mail, properly addressed, wilh smifficicint poslage or (C) 1he fkallowiing busirieass cay aafter bciing given to a recognized ovamighl deliveary mirvicei, with 1he plarson giving the novice paying all requiucae charges and irsitnlcling the defliveryl serviea tca deliver on the following business day. Ifl a eop1Y cif a notice is alsa given tca ai party's counsiel car ather raaipienl, the provisions all ave govurningl the cata on wahicih a notieea is duamed to nava baein received by a party shall mean and reftar to the dale car.i which the party, and not its counsel or ather recipient tca which a aapy caflthe notice may ba send, is deemed to have reaceivead thea noliae. 13.1( Confideritiaility of Recares. The Consullanl shall establish and maintain proceiduresi and controls that are acceptable to the Town for 1he purpose of eansuring that. inftarrnation eontaincae iri illi rcacords ar ablainec from the Town or ffam othears in carrying taut its obl:galionis under lhisi Agreicamcrt sball riot bei uscac cir discalasue ty i1, :ils aagenlsi, officears, or erfiployaes, except as required to perforrri Clamiultant's duties under this Agrcaemem. Ilersons requesting such infkmmadion should be referred to 4he Tcawni. Clonsuliant also agrees that any iniforrnaat'an pertaining to :ikivkual persons shall not tea divulged ather than tca eimplloyeaes or officers of Consiull ant acs ncaeduc fkar the perfarmanee cif dulieas under this A gi eeamcnt. 2672453.1 10 113.17 Recare s anc Audit Rip -EU. To ensure that the Clonsultant find its subeontraclors are comply:ingl with the wan anty under subsection 13.18 below, Clonsultanl's and ils subaontmacloi-C baaks, reciards, correisplandencie, aceaunCngl pnoaedureis anc practices, anc flny other supporting evidence relating to this Agreement, including the plapers of any C arisultanl ar d W aubaontraclora' empllayees wha peirfbrm any waA on seirviaes pursuant to this Agraemarit hall oil the foreigoingl hereinafteir ncifbrrad to as "Records"), .shall be oper.i to inspeatiari and subject to av6t an(ror reproduation during narmal working hours) by the Town, to tka a3aciril necessary to adegluataly permit (A) evaluatilon arc verification oflany invoicies, payment or claims tasec on Consultant's and it subearitraatom' actual costs Ilinciludingl direcil and indireicl costs and ovcmhead allocalians) inaurrec, or units eucpenced dirciatly in the pleirformlanee aft work undcir this Agrciamient and (E, avalual ion ofIthe Carisultanl's and W subcontractovi' compl:ianoe with thea Aril one empllayer sanatians laws referenced in siubse(itian 1:1.18 below. To tha extant naccissary for the Town la audit Records cis seit fbrth in this subsection, Consuatani and its subciantraclors hareby waive any riglllsi to kecip stiah Rleciords conf cential. Far the purpasci cf evaluat:ir.lg ar wirifying ,iuch actual or cllaimied aa,t or units eixpcirceid, the Tawn ablalll haves access to said Raaords, eiveri Jf llacalecl al its suliaontraclors' fbicilli6cis, from the efftictivei data oflthis Agreement for the duratian oflthci work and unlill three years afteir dei data of finall paymer.it by the Town to Consultant pursuarI to this A geemlant. Consullant arc :it subciantra stars ,hall l plravidei the Town with adeiqual a anc appropriate warkspacie sa that tt a Town can conducit auditsi in ecmplliance with tha pravisicns of this subsection. Tlhci Tawri shall give Contultanit or its subcantraclors rciasonablci acvancie riatiae of ir.itanded audits. Consultant shall require its subcantraclorsi to camplly with thea plrovis:ians of this subsiecilion by insertion of thea reiquirennants hercof in any ,ubcantract pursuant to tt is Agreement. 13.181 H -verify Rlaquirements. To the extent applicatIe under Am. RIEv. STAT. § 41-44011, the Consultant anc its ctbconUaalors wananl compliance with all fedeiral immign iar'law1, anc reglulalians thal reileite to thch cmployeeis and thchi compliance with thea EI - verify raquirennants undcir ARIIZ. RFV. STAT. fl 23-21411A). Ccnsultant's on its subccntraclor's failtrei to camp'IN with such) warranty shall he daameid a material breach ofltbis Agraemenl and may resull l in thei tenni nal i ari of 1 this Agreement by l he Tawn.' IMS Clanfl.iating Terms. In the everil oil any inicons:islenay, confliat cm amb:ifluit}{ amcn8 the lermsi oil this Agreemarit, dei Scrape of WioA cr the Ric Plraposal, the documents 4all govern in the Green listed hereiin. 1:1.20 Non-Hxclusive Contract. This Agreernant is enter& inlo with lhci understanding anc a8recimcirit thal it i, fbr the sola convenience of the Town. Tha 'Down reserve, thea righh to at lain like Blood, and scimiceis from another source when neciessary. [SIGNA TIURES C N HOULOWING PAGE S:1 167245:1.1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. "Town" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation 4 .� Grady E. Mil tT vn Manager ATTEST: Bevelyn I. B fder,tTown Cleric (ACKNOWLEDGMENT) STATE OF ARIZONA ) )as, COUNTY OF MARICOPA ) On 91 iwi e- 2016, before me personally appeared Grady E. Miller, the Town Manager bf the TOWN OF FOUNTAIN IULLS, 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 aclmowledged that he signed the above document, on behalf of the Town of Fountain Hills. JENNIFER LYONS wn.. a.,. ouc.smre or nn:ene Mari<ope County A:.�' My Co MMMGion Expires *�=' April 09,2019 RotkyPubl (Affix notary seal here) (SIGNATURES CONTINUE ON FOLLOWING PAGE) 267295].1 12 "Consultant" J2 ENGINEERING & ENVIRONMENTAL DESIGN, L.L.C., an Arizona limited liability company Y• lLt ILAs!<n"r (ACKNOWLEDGMENT) STATE OF ARIZONA ) sa. COUNTY OF MARICOPA ) On Roy 23 , 2016, before me personally appeared J-d-F�'- £vrtt,fen&rwt the V I cc, Presiclont of J2 ENGINEERING & ENVIRONMENTAL DESIGN, L.L.C., an Arizona limited liability company, whose identity was proven to me on the basis of satisfactory evidence to be the person who he/she claims to be, and acknowledged that he/she signed the above document on behalf of the limited liability company. Notary Public (Affix notary seat here) (9W KARLA8 HUNT NOTARY PUBLIC STATE Of ARIZONA M COUNTY COMM R Ea NUAR2029.20 2612451.1 13 ENHIBIT A 110 PROPESSIONA.L .,JERVICEIS AGRFRMENT BETWEEN THIN 'DOWN OF I OUNDA.IN HMLS AND 12 BNGINEBMNG & ENVIRONMENTAL ]DESIGN, L.L.C. [Seclpa clfl W ork and F ea Prof wial] Seel following Flageis. 14172453.1 4 •n Oln•ea�e a.e Apd122,2018 aMbonm•mai viun Mark Mayer - Director of Parks & Recreation Town of Fountain Hills 16705 E. Avenue of the Fountains Fountain Hills, AZ 05268 Re: Adero Canyon Trahlread Bid Documents - Dear Mr. Mayer:. J2 Engineering and Environmental Design, LLC (J2) Is pleased to submit,the attached scope of services (Exhibit A), man-hour estimate .and fees for professional services regarding the subject project. The proposal Is based on our recent discussions with you regarding this project. Our team includes the following subconsultants: . 1: Wright Engineering for Electrical Engineering 2. Orcutt Winslow Partnership for Architecture Update Restroom Design 9. RAMM for Geotechnical Engineering 4. .Native Resources Plant Inventory 5. Structural Grace — Update Structural on Ramada - - This special trellised projectwill result in the realization of a -process started by the Townovera decade - and that is finally coming to realization. MCO Properties and their development agreement with the Town of Fountain Hills dictate that the trailliead and, access to the trsithead was of the highest priority. The Town has set aside monies from Development Fees specifically for this trailhead project and with MCO moving ahead with Adero.Canyon will provido the public access and utilities for this trallhead'development TASK A Create Bid Documents (95%, 100% and Bid Ready Final Submittals) $68,808.00 A: J2 Plan Dedlgn Update - - B. Wright Engineering Electrical Design $ q,780.00 C: Orcuh Winslow Partnership Architecture Update Restroom Design $11,750.00' D. RAMM for GeotechnlcalEngineering $ 3,400,00 E. NativeResources Plant Inventory $ 1,850.00 F. Structural Grace Update Structural on Ramada $ Sfi l Total $126;127.00 ' The scope andfee proposal as attached was developed to ad ltess the Issue related to updating the plans completed by the Design Team In 2006 to currant standardsand putting. all documents In one phase. We look forward to starting this exciting project promptly following your approval. Sincerely, J2 Engineering and Environmental Design, LLC Jeff E nn, R A vie resident C, Cohen Gin Loop, Sulic+11l Phoenix, AZ 8600 voice 602438.2221 fax 602:438.2235 �4AlN Il� 4� � L Exhibit A Scope of Services . Project Title: Adam Canyon Trallhe8d 61d Documents - TASK A - Adero Canyon Trailhead Bld Documents The Town of Fountain. Bills In partnership with MCO Development has initiated the development of the Adero. Canyon Trailhead project through a series of development agreements, J2Was responsible for completing the plans for this trailhead in 2006andhas been requested to bring those completed plans,: specificationsand construction estimate forward to 2016 standards and - prepare.ihe construction documents for bidding. - .. The design efforts for this phase of work will Include the lrallhead design as shown In the Master Plan completed by J2 and depicted below. - MGM PLAN J �j Ytd lig Flan MGM PLAN TOWN OF FOUNTAIN HILLS ADERO CANYON TRAILHEAD. - TASK A 100. Data Gathering Update Base information for the Adero Canyon Trailhead - - - - Purpose: To collect sitedata, utilize the recently completed topographic survey, provide an updated native plant inventory, utilize the underway/completed cultural and biological clearances and initiate a new geotechnical engineering required for the construction documentation effort; . and gather staff input in finalize, pavement section and other tralihead and pedestrian enhancements goals and objectives. - Method:' A: Review base information and background data - - - - B. Coordinate downloading of newly cpmpleted survey and topographic mapping @ 1 foot - - contourintervals for basedata development C. Coordinate new geotechnical engineering and snits evaluations D. Coordinate downloading of. newlycompleted cultural and biological clearances and Identify any potential impacts to the site design E. Define utilitypeeds and potential coordination issues- . F. Confirm project program and design elements with the Town _ G. Confirm project budget Products: • initiate new field notes, photographs of site • Download recentlycompleted survey as bass data • Initiate Geotechnical site samples - Download recently completed Biological and Cultuml Clearance Report - Initiate Native Plant Inventory • Review finalproject program and project budget allocation with Town Staff, • Provide two (2) copies bf Geotechnical, and Native Plant Inventory Reports for review to - Town: - .. Meetings: • One(1) Project Kickoff & Site Visit with Town Staff and Design Team. J2 will have five representatives at this .meeting; our Project, Principal, Project. Manager, Project Landscape Architect, Project Engineer and Project Designer,. Time Includes travel time to.and from the site. This meeting Isprogrammedto be four (k) hours in length.'J2.will ,. prepare theagenda, sign in forms, base' sheets from (opographid survey to initiate disatssions with the Town. J2 will issue meeting minutes following the meeting. • One (1) Progress Meeting with .Town -Staff. J2 will have three representatives at this meeting: our Project Manager, -Project Engineer and Project Landscape Architect. This meeting is programmed to be, two (2) hours in length. J2 will.prepare the agenda, sign in forms, and preliminary plan sheets and details for discussion with Town staff, J2 will issue meeting minutes following the meeting. Task A 101.- 95% Pre -Final Design Purpose: Revised plans previously developed In 2006 for lhe.Adero Canyon Trailhead by J2.and . firing the plans, specifications and estimate up to 2016 standards. Anticipated SubmittaislProducts J2 shall, submit. four (4) full size sets of plans. and four (4) half sized sets -of plans developed to a 95% level of completion to the Town of Fountain Hills for distribution and review and comment - ' - Plan set focthe Adero Trailhead updated to current standards is anticipated to include the following:: .. • cover Sheet (1)- • Area Plan (1) • Site Plan (1) ® Prepared for Tempt Fountain HIIK 3 of �7 J2 Englnaking & EnvhonNmtsi Dosign TOWN OFFOUNTAINHILLS ADERO CANYON TRAILHEAD • Plant inventory Plans R) • Plant Inventory Summary Data (1) • Limits of Disturbance Erosion Control (3) .- • Demolifion/Removal Plan Sheets (2) Coordinate Geometry. Layout Plan Sheets (2) - P.aving.Grading/Drainage Plan Sheets (2) • - Civil Typical Sections and Details (8) Sanitary Sewer Pian and Profile Sheet (1) - Water Line Plan Sheet (1) - • Storm Drain Plan Sheets (3) • Pavement Marldrig and Signing Notes(1) _ Pavement Marking and Signing, Plan Sheets (1) • Restroom Pian Sheets and. Details (14). See SubScope of Work • Landscape General Notes Sheet (1) - - Landscape Summary Sheet.(1) • Landscape Plan Sheet (2) - - Landscape Detail Sheets. (9) • Ramada Structural Notes (1) See Sub Scope of Work Ramada Plans and Sections (1) See Sub Scope of Work • Ramada Structural Details (t) See Sub Scope of Work Irrigation General Notes Sheet (1) Irrigation SummarySheet(1) Irrigation Plan Sheets (2) Irrigation Detail Sheets (2) ElectricalDe£alls (2) See Sud Scope of Work - - Electrical Plan and Notes (1) See Sub. Scope of Work o Drainage Report o .Set of Specifications in MAG format forbidding purposes o An Opinion of Probable Constructlon Cost Estimate Anticipated Meeting One (1) Progress Meeting with Town Staff. J2 will have three representatives at this meeting: our Project Manager, Project. Engineer and Project Landscape Architect, This. meeting is programmed to be two (2) hours in length. J2 will prepare the agenda, sign in. forms, and, preliminary plan sheets and details for discussion With Town staff. J2 will "Issue meeting minutes following the meeting Comment Resolution Meeting. J2 will have three representatives at this. meeting: our Project Manager, Project Landscape Architect and Project.. Engineer. Time includes travel bme to and from the site. This meeting is programmed to be two (2) hours in - length. J2 will prepare the agendar , sign in forms, and comment resolution -form for revlew.and approval of comments received. J2 will issue meeting minutes following the meeting. Task A 102 - 100% Pre -Final Deal Purpose: Purpose: Toprovide pre -final construction documents, specifications and opinion of probable cost for the. Town and Team design review.' Design Team will. coordinate With Town .. staff and Cl If this delivery' method is utilized. .Anticipated SubmittalslProducts- • J2shall submit four,(4) full all sets of plans and four (4) half sized sets :of plans - developed to a 100% level of completion to the Town of Fountain Hills for distribution and review and comment - - • Plan set for the Adero'Trailhead updated to current standards is anticipated. to Include the - following: .Cover Sheet (1) Area Plan (1)' Prepared furtown of Fountain Hills 4 of 7 J2 Englneeft B Emlronmenral0aslgn TOWN OF FOUNTAIN HILLS ADERO CANYON TRAILHEAD • Site Plan(1) • General Notes Sheet (1) . • Plant inventory-Plans(2) Plant Inventory Summary Data (1) Limits of Disturbance. Erosion Control (3) • - Demolition/Remoyal Plan Sheets (2) Coordinate Geometry Layout Plan Sheets (2) • Paving Grading/Drainage Plan Sheets (2) • Civil Typical Sections and Details (8) • Sanitary Sewer Plan and Profile Sheet (1) . • Water Line Plan Sheet (1) - Storm Drain Plan Sheets (3) Pavement Marking and Signing Notes(1) • Pavement Marking and Signing Plan Sheets, (1) Restroom Plan Sheets and Details (14) See Sub Scope of Work • Landscape GeneralNotes Sheet (1) Landscape Summary Sheet (1) • Landscape Plan Sheet (2) Landscape Detail Sheets (g) .Ramada Structural Notes (1) See Sub Scope of Work • Ramada Plans and Sections (1) See Sub Scope of Work • Ramada Structural Details (1) See Sub Scope of Work • Irrigation General Notes Sheet (1) • Irrigation Summary Sheet (1) • Irrigation Plan Sheets (2) Irrigation Detail Sheets (2) Electrical Details (2) See Sub Scope of Work - - Electrical Plan and Notes (1) See Sub Scope of Work o Drainage Report' - - o Set of Sealed Specifications In MAG format for bidding purposes o - A Revised Opinion of Probable Construction Cost Estimate Anticipated Meeting - - • .One (4) Progress Meeting with Town Staff. 12.wlll have three representatives at this meeting: our Project Manager, Project Engineer and Project Landscape Architect. This meeting is programmed to be two (2) hours In length. J2 will prepare the agenda, sign In - - forms, and preliminary plan sheets and details for. discussion'with Town staff. J2 will issue meeting minutes following the meeting.• - - Comment Resolution Meeting. J2 will have three, representatives at thismeeting: our Project. Manager, Project Landscape Architect. and Project Engineer. Time includes travel time to and from the site. This meeting Isprogrammed to be two (2) hours in length. J2 will prepare the agenda, sign in forms, and comment resolution farm for review and approval of comments received. J2 will issue meeting minutes following the . meeting; - .Task A 103 - Final Design - Plans, Specifications, and Estimate (PS&E) . Purpose: To provide Fina(. Contract Documents, sealed by an Arizona registered professional .per each respective area of expertise, suitable for public works construction. DesignTeamwill coordinatewith Town staff and shajl also assist the Town during this phase by anpwering contract document questions and preparing necessary addendafor construction. Design Team will coordinate with CMAR if this delivery method is utilized. . Anticipated Submittals/Products - • ur (4) half sized sets of sealed 12shallsubmit one set of full sized sealed plans and fo plans developed to a bid ready level of completion to the Town sof Fountain Hills for bidding. mom _._-- - IF. pmpamdna Town d Fountain Hills 5 of.7 J2 Engineering a Envhonmealal Design TOWN OF FOUNTAIN HILLS ADERO CANYON TRAILHEAD • Plan set for the Adero Trailhead updated to current standards is anticipated to include the following'- - Cover Sheet (1) Area Plan (1) .Site Plan (1) • General Notes Sheet (1) • Plant Inventory Plans (2) . • Plant Inventory Summary Data :(1)� - • Limits of Disturbance Erosion Control (3) • Demolition/Removal Plan Sheets (2) • Coordinate Geometry Layout Plan. Sheets (2) Paving Grading/Drainage Plan Sheets (2) Civil Typical Sections and Details (8) • Sanitary Sewer Plan and Profile Sheet (1) _ • Water Line Plan Sheet (1) . ... • Storm Drain Plan Sheets (3) • Pavement Marking and Signing Notes(1) Pavement Marking and Signing Plan Sheets (1) Restroom Plan Sheets and Details (14) See Sub Scope Of Work • Landscape General Notes Sheet (1) - Landscape Summary Sheet (1) Landscape Plan Sheet (2) . - Landscape Detail Sheets (9) • .Ramada Structural Notes (1) See Sub Scope of Work Ramada Plans and Sections (1) See Sub Scope of Work Ramada Straet4fal Details (1); See Sub Scope of Work - Irrigation General Notes Sheet (1) - • Irrigation Summary Sheet (1) - • Irrigation Plan Sheets (2) • Irrigation Detail Sheets (2) Electrical Details (2) See Sub Scope of Work Electrical Plan and Notes (1) See Sub Scope of Work c Sealed Drainage Report o Set of Sealed Specifications In MAG format forbidding purposes - o. A Revised Opinion of Probable Construction Cost Estimate Anticipated Meeting Bid Ready Meeting. J2 will have three representatives at this meeting: our Project Manager, Project Engineer and Project Landscape Architect: Time includes travel time to and from the site. This meeting is programmed to be two (2) hours in length. J2 will prepare the agenda;, sign in forms, and questions regarding coordination of bidding documents with Town staff. J2 will Issue any meeting minutes following the meeting. EXCEPTIONS - The following tasks are notinciuded In this scope of services:. 1 This scope'of services does not Include the development of an ALTA,. Boundary or Title survey. Property line information shall be provided -,to J2 by the Town. - 2. J2 will utilize the recently completed topographic survey -of the site as our base file for all plan development. 3 Town ofFountainHills shall provide all necessary title reports -to the Design Team to establish any boundary and easements. J2 has not included the development of creating any new easements with this phase of the project. 4. The Design Team has not included any re -patting or rezoning efforts in this scope of services - - ` Prepared for Town of Fountain HIb6 of 7 J2 Engineering.& Environmental Design - TOWN OF FOUNTAIN HILLS ADERO CANYON TRAILHEAD 6. Off -Site improvements (design for Improvements outside the Trailhead removal area as shownin the site plan previously submitted is considered outside of this scope of services. 6. Reproductions beyond or above what has been stated shall be covered by the Town. 7. J2 is not providing any permitting or fees for any permitting or permit reviews 8. Construction. Management Services (Post -design assistance/Construction Administration Services are not included in this scope) - -9. J2 will not provide any 401, 404, 488 permitting or USACE revlews. 10. J2 will not be providing any hydrant flow testing. 11. Potholing has not been included in this scope of services. 12. This. scope of work does not include any public- involvement. meetings and or the preparation. of any 3d visual simulations. 13. J2 is not responsible for the Contraotor SWPPP. The erosion control plans developed, as part of this set of documents canbeused by the contractor' as part of their SWPPP - - process. -- - 14. Reproduction of all construction bid sets for this phase shall be paid by the Towel of Fountain Hills (TOF) and have not been Included in this scope or attached fee proposal 16. J2's scope of services does not include the design of any traffic signal, construction sequencing, or traffic control plans. .Traffic Control plans shall be the responsibility of the Contractor to get approved by the TOF 1.6. This scope was developed around updatingthe set of plans developed by J2 back in 2006 and does not include wholesale changes in design of any of the elements but does Include refining the design features to be in with the latest set of standards. - 17 Thlsscope does not include any Design Review Board presentations and or, preparation. - of any graphics. - - - 18. This scope of services is based upon the availability of existing Infrastructure (water, sewer and electrical) services that were to be available at the site when construction was to be Initiated. Any alternative designs (solar; pittvaulf toilet, water tank) have NOT been - included in this cost. - Attachments; .See attachments for fee summary, subccnsultant scopes of work, and scope exhibits. _ Prepared br Tov n of Fountain Hills DERIVATION OF COST PROPOSAL: DESIGN SERVICES TASK fl, at,I - _ J2 Engfneerfng end Environmental Deslgn, LLC Estimated direct labor and rate¢ Classification Estimated Man Currant Rates Total Proecl Principal 16 88.00 $1080.00 Protest Man er 101 $57.17 $5974.00 Pmed Engineer 114 M2.50 4845.00 Ines, 80 $39.00 3432.00 ed Landscape Architect Des ner $41,011 84231.00 88 $29.54 2640.00 pe¢ ner-Sr. am $37.38 $13,756.00 Total Hours 876 Total Direct Labor $35,868.00 Total Extracted Labor, Overhead (92151.85%of Direct Labor Total Estimated Labor and Overhead: attended Dlmct Expxnxea cNme... Total Total Direct Expenses Subconsultants: Design I Engineering - Eleddcal Engineering M - Geotechnical Engineering Resources -Nall. Plant Inventory Tout Esllmded Oatske Services: Total Estimated Cost J2 and 6ubc ,cl.1tanl Fixed Fee ei 10% and Embas mental Design LLC ew ilo Data 4 WON Defivagon- Trap Hd Design Total Estimated Cost: Fee Schedule 4PMNB J2 Engineering and Environmental Design, LLL TeanNeenat Tank: Protect Iandsaepe Oealgwe8rTatel pwlGner- pdnMpel Amnlleat leMle[Wnsem mfernlanetlncl e18 t�nglaolPaale[t AsUd Meagn a0 d]a ... 6 • Plan Sat for Atlrtn TlalpMan ase-smathl S I 2 acv Plan 1 I x $lee Plan 3 3 1 2 GMCaINal65Anne _ I 2 5 PM1nt lnvMro Plar¢ 8 1{ 36 phna lnvenb Swnmar IkW t 3 .ansa(sitinnesi 4 ]6 31 Pan Ss'in oemor meN %msnvNa x 1 1 + T I 1 + i Gram aw evlan snxis 3 .A61x x a 1a SD[MI .1 Ialsedlonaand Cel h 8 1 4 a ]2 p x+ se 5anita Sevm+planandhouaaa.et1 x x 8 1awalaunePla.MaM x 2 5 IS smrm Onln Menfittn Ml 1 x. a 36._ Mar%n ands4.n1 Neh51j I _Pavement 4 B ,A 15 vitammesan,a.e.6mmVlewameren[n ] _ _,- _ I 3 brine i � — - __ tuesevAs4nee[ lvend esumma sned 1 lt x •• 4 Y •.••._ eaaallg xM415 13 IaMw e0etallsneel5 9 x ]a eanmaeSyunY,ywoma G o D Remade %Ma a 4ttelans (1) CmrmnaU Plm Naw p�Mw 3 Ramatli StlYtlunl0elaYe 1 B Irr alb.Genenl No[u flee[ 1 1 nl mlan9lmma mane 1 1 T Irrl atbn PlanlMeb 1 1 122 ]1fle[VkN Phnn UhwardW [llelerM[e] 1 3 3 Dtsa ae ! 3 B 12 30 clnnnammMAG]dmp3Mrgddirlmgumprz_ MmaaafPnAntbWstral.n.nelimala Astlel sled Sonless Onapmnepte _. OnA [ommml MsoluWn memyUm 1 • Plan Set for Advo. VaiNHad . IShed 1 3 1 x ArtaPhn 2 MCPIan 1 3 GenenlNdmSiedl 3 1 1 14 Planllnvenb Wru 2 4 8 T Planlln ss swan Pala 3 1 2 4 a ] Omllsa(MdvbaKe Genian Control ] 2 —2-4— lam.1t flense,saasnear 1 1 1 — Cmr&naleGMmelM�STYtphn5hM413J_ __..� 2 4 Pal G2mn OnM a%m]neeh 33 _ TroIdlseNom and Detain CIW a B arys_vnP.in(ilw .rcRIJ__.-- I�—r— a B Manliaun TIM MO-do- AFenatlanto04-22 eats Fee Schedule 4J =1k J2 Engineering and Etrvlaonmenfal Design, LLC Man Hours Trell Htl Dmpn J2 Fee E¢Gmale N-22AsAa Pta)aw Pwlwf Praiwt Enpinwa Pre7wt 1anNcaPe pesipwr- Daelgner TVIM TaakNlrmb4rTwk: Ponclpal MaNp4r Enpinwr prchlasd 8c slwm DMn Nan she, Ul __ 5 1 3 < a Paremenl,hl ana5 nl tiotw1 3 1 1J -- i 5 8 Pavement Malty aM nl masn.al1 3 i • aulwamvlenfleets ma DetaN 115aesub See eOEWah 1 _ 1 3 lamaw Guwsl ez SM1w[ 1 1 S 4 luM+m esummal shen 1 1 1 -i_. 4 Yn-am�eNensMatf 1 x• ] _..__._tamxw eoeuwsneenP �.___.--__.._ .- ••3 .._. x_. ..-0 Nmaaaru[wral xelw ° ° —__ 0 3 _ Nnbaa N1.1.15_ddNRL1 WONIN�¢NMINM' _ Nmaaa Sl[wtuol0#dls D Io IbnGMBOI Nona SM1wt 1 1 i _ _0 'd nion summa shen 3 t 3 3 < I'dnlon PNn Neeb 3 2 • T Inkatlon°eU115hwNi2J__ 3 i a ] EtartfIC2War* lonsee dh _klNsma and Nolwl Ne S6 olWalk 'Wa pal eP wl 1 4 a 1 35 _ Se[Iaotlom In Mltibrmalbr 3 3 1p _ M InIOnWv babl0 C0nrlru[Han Co#ESYma[e x • 4 < 14 finficurrand Meeh a pne vro esi Mealln ] 2 1 6 4 d-ranomentae[olullan Meelln6 i ] i Amon » n Plan Sel (er>dem TaaIIM1_eap _ _ _ _ w(l _ _ _ ___ 3 Meaamoom_l1)_—_ 1 .1—._.? ._ 1 3 9en¢wl Note, sheet 3 5 1 NaMMvanroN Plans til 3 2 4 ] Nw[4rveMoe lummar inn 1 1 i 4 MmIDMOblmbana Noabn[onhd 3 1 3 1 Oen1011ebn Pxmmal Plansheeb 3 3 1 3 Qra SM1eela 1 3 1 3 rrag GieGeome tlln uln SM10 goods PMGw °a Ian Pats 1 1 x 4 4 ii ONI al se[Ibnsantl Dnetls 1 1 ¢ 41 1 1s senlb aanaM MefllesM1wt 1 3 3 f 2 2 s _ Waterline dam."%t 1 3 1 3 2 5 swrmnam PIvlanshoeu 3 > 3 2 5 Pavxnlenl MaAln antl Nn Nat 1 3 1 Pwrmenl MarNln antl PIan SM1Ms 1 1 1 2 S 1,4)Se_esub5wvedWoh 3 3 1 3 aestrwm NanMDetaii _ NntlW Genual NOnalanhssaen Undam SM1wt1 l 1 - —2 1 __ 3 • - bnaw Daianshwn _ - f .. v- 2 a __ Nmatla9rl¢lunl No[m .... _. Y ° 0 _.. Nmaaa P_b.Nwd5wIW6W�i de4l,GINIe PI_aPNew _. 3 1 1 33 wmamsewivaTDnAr ° holasuo.GwerNNonf SM1wt al3 1 5 3 Irrl albn5umm Aael 3 1 1 3 ed allonNwsMeb 3 1 i 4 nN a1bn0MII5ABela 1 1 2 4 Flxhlaal DelN6 Sw9W Sw ealWeA ° Flwhlni PlenindrM¢a 1 See5ub5w o1 Wah 1 f 1 3 DMn en 3 2 4 1 p edlkalbmm M06Mmtt5arhlem 1 11 s M bond PnMWe CenaMudlw COatatlnW¢ 1 3 i x AntIclookadMestbas- Ndas Ma 2 2 2 s Man Hours Trell Htl Dmpn J2 Fee E¢Gmale N-22AsAa 111 engine9W #7748 ELECTRICAL ENGINEERING & LIGHTING DESIGN January 25, 2016 J2 Engineering & Environmental Design 4649 East Cotton Gin Loop Sulte B2 Phoenix, Az 85040 Re: McDowell Mountain Preserve Central Trailhead Electrical and Lighting Attn: Jeff Engelmann Dear Jeff, Wright Engineering appreciates this opportunity to submit a proposal for electrical engineering services on the above referenced project. The following services will be performed in a professional manner to meet City of Fountain Hills requirements: Electrical Design Scope of Services: 1. Coordinate design with J2 Design and the City of Fountain Hills as required. 2. Attend up to (1) one design meeting and (2) two comment resolution meetings with the design team. 3. Update and prepare 24" X 36" etectrical drawings. 4. Provide an overall site plan showing the following electrical equipment: a. Shade structure lighting b. Bollard area lighting c. Landscape lighting d. Electrical service cabinet e. Entry gate power f. Conduit and wire routing for site power g. Restroom power feed 5. Update load calculations and single line diagram. 6. Update panel schedule and other electrical installation details as required. 7. Update necessary elevation view and installation details of the equipment listed. 8. Update all lighting Control designed per client's requirements. All necessary equipment will be shown on the plans. 9. Update system fault current and voltage drop calculations as required. 10. Update Conduit and wire table showing all power conduits and wire for equipment. 165 EAST CHILTON • CHANDLER, ARIZONA 85225 OFFICE: 480-407-5829 FAX:480-4975007 w .wdghtengr..M 11. Updale engineers esiimiate of probable eleicilliaal consiruellar costs and coristru ction sclecificailor s. 12. Fleirlorm in -f ouaei QAQC review and rrodificaiions. 13. T I, a above plans will it el provic ec to . 2 Design for subm Mal reiview and comment from the City of Founl ifni Hills a190%, 100% Pre -Final anc Firial clealed stages. Submittals will be made via email it digital RDF faiimal. J2 Design will copy ar d s u t mit to owner as needed. 14. Review comments, vtihetll er inteoiral or rrnu r icipality, will t ei responc ec to and ac c reissed. Constm al ion Hhase Scor a of Slen4cea: 'I. Aitend (1) aria Prei•consirucllion meeting. 2. Review all elcicdriclal equir menl s u it mitlal packages for conformance to conVuact doCL inerts and F iiovide wuitler itemized submittal rEl%ieiw and ue:iponsa letter. 3. Review all RF I's aric Change Circ er relc L ests ar d provide wiiitten itemii2ed ueview aric rest: or se letller. 4. Visit tr a site far up to (1) arEl inspecitions of tr a electrical it stallatiori and cpiepare an inspection reporl. 5. Prepare Recorc Drawings of tF a electrical Installation ba;iec on inscleictior inilormalion as well as carttaclor's marked ccl eieciuical plans. Responsibilill is of Others 1. Rrovic a U1Ilugl t Engineering C aiip. elelcdronic t ase files in an AutoCAD form at w hich includes all praK used aric exis ling a 1ililies, ail cpioclosed improvement:, arc any exisiirg aoridiiions that afllecl chis scope. 2. Widgh t Bngineeiiir g will St. bmit plaris to the lar c scape archilecl for submittal to the laceil goverr ment agencies for appravai and clEllr . 3. Designation of electrical service location will t e determinec by till a kcal utility. comiclany. The ovvrier ie resclonsible for cooudiriation of tte design of all eleiatriaal utility power services during the destcir process. Final Deliverables LJ pori completion ai the design, we will Fpiovide orie set each of final s ealeic documier is beaidrg the signalure of a registerec electrical engir eau in the Stdte of Arizona. iU aDowe ll N OL nildri Cecil mal Ti aff ee d PEige i 2 ctl1 3 Ja niuvr� 126, 2016 Engineering Fee TF a above services will be Fpiovided as foliow.ii: Engineering Design U pdate: $4,780.00 1 Pulled L L mp E u mi L (ricin Completior 8191 loll ft 11 A. A 0 .I Rost C esic n IN cii In Contract Adc Itlonal Serv'laes Any services rot scleciificaily iraluded in the Scope of SEI nices sec'liori shall be additional ciamices clayable al an 1`0L lily fee al the following rates: Principal $145/hour Designer $95/1 our Senioti E ngir Bier $125/hour Drafismian $85/1 our Engineer $105/houu E eic iietary $45/1 our F rinling Changaas The follawing cpiirting and ceiiveiiiss aiie included in this sciope of services: 3 seats of desigr blacldines 3 standard deliveries A soft aocly of fir al design in eleciiiicial fcuimat A do itior al planting and delivery will be aF arged as follows: 8lacl' lineci $ 3.00 eiacit Mylar E eic is $1 x:1.00 eta cit Delivery Cosi cosi We will till yon on a mcirlhiy Iasis ilorthesal services. Paymerii terms are Ne'I 30 day s. I111 is propos al will t ei valid 11or the next 90 day a. If you have any questiar Si, please contacd L s al y au ti earliest convenience. I look forwaiid 110 wo6!rig %itl you circ t1 is project. S it c erely, R. Slcotl Wrigl1, P.EI., LC Wright E rigineering C cniporation N cDc wadi N ou nlairi Cenlrail Trailheat Fla[ a 3 of 3 JElnLary.' 16, 2CH 0 c routt I wi n s low - January 2% 2 cu f eff Engelmanr, Flt A, ASLA :I7 e1r l lineedrig and eim hic nmeraal design, tic 4 6A 51 East Cotton Gir Lciop, Su 11 a 92 PHoenb4Aa E1501410 lie r. 1i air l h ilt;I Tlallhetad l lestalcicim5 Suli.1 Proposal oilArollesaloral AidVieatueal/Engineering Senlces Clea m;leff•. ' As miquesled,wel Have piiellalelc ou11 piwplosal clfAlrchihlcltunal,511uctulialand Elelatrcal and Plumbing senvlceslclevaluateandupdalellheexistin@ldevelopedpIan! fanlhereglacom bullcina:ilimcivaeto cuiirenl HVAC, etectrlaa l a nc struclura I miquirements as plromulgial ed by iHe 2a121EIC. QESKIN SERViCIES: (lull scollccfservices isl:ask cin woruingwith ]2EngineleldngandinclucejAichitelclural. Electric it, 'Itrucloial and Plurnhinlidesigrlselvicc! fcrllhefoillowirEleffoit 1. Flrovldearahilelctulal,ellectnlcaL!itruclUralnevlewolexislingdoaumenlsarid make lile necessary correcill(nstc thee>Ilslinl cocumenlsIocanlplywith the 2012IBCL 2. AENISf c rawinip per City iieviciol comments. ;l. Amcor bic ders ar c Cclntractd rs cue Clans d urinlgl bide tngl and carr sll ruction, y. Provide erlhibit�) and at end it e Clesilln Ra view nl aellnl to obtain pr(oelcl ap pp mial. Am a pl is In: : It LI ouu undeusllandir g tH at Ccinstrucl Ion Aid minliteal Ian sery cies will H e piiavidec a nc er a : c parail e llrclpoi a L FE ES: Erased cin the a bci%a and elrstanid rig all the scruple dl Wada your investment in Blur P1 clfer. canal I Itch ile Iatu 11al sei v Ice s is pooplc is ed i a be as faltowv. Lum Sum: $11„750 III add hiunal seraices are neciubec, Ihey will bed illed al our univeiilsal hourly I ale cif $1351/hour. m i H ill PaaF los al meet s w ith your app uoval, pleaile pilovide l ua a ear teaec. 'Ale will beg' r l our services upcineeceiptoil aaUllyeimutee ccmtracl. Ifyouhaveany questiars,plciaseconl'l heilttaietogiveme a call. VSinceilel}l, Mark V. Varish, RAI NC:ARB aac Is n cent, at eve sixteenth none AsscldatuJl01ilectmi phoenix az 860' 2 6102 267 17641 802 2871 9029 1 AFICIHITIICITURE PIAINNINa INTEHICS13EGICIN WWY'%<rWFI.o<Irn (P RICKTIR • ATKINSON o MICBEE o MORMAN & ASSOCIATES, INC. Geotechnical Enlginecring • Coilstrulcolianl Matenla& 7esting Ta•A •M•MI J,I Engi:neiarir.ig aril Havironmentail Deaigr, LLC Januar-A 19, 2016 2 ( 49 E asl C ottcm Gi n L oop, Si lita B2 PNaeril)i, Arizana 85100 Atteinflarc Jeff l cilamaisler, PEI, elrr ail (jholcn c�i:•ta���)j2kleasi i�s; Re: Proposal fcir Supplleimein'lal Geateahniclal Ergirclering Services Aden-cl Mounlain 11railhead RA MN Rixiposk l No. ACI1(a99 Evaluatiar aflExisling Roac Fill anc .h:bpaee Four,tair Bi lls, A-12onai Riclder, Atldinsan, MaBeie, MCuman & Assaailules, Ina. is p:aeised to suibmil Ibis pralpusal to Banc Licl C ecdactui read Englineiering Service; farrthe zbcive-ref6reinc ec prajeat. Ifthi: puopusall meats with ya a uppraval„ please sign, dale and rGt111T1 one copN of tie erudosed Atlaahmanl "A", mhich ciutlincis prajclat desuription, aur scope of services, camlleition time and fba to F erfb -m sere i aes. If tl:eve air. anN qu(islicir.is ragarding thea p•opaa& .icape aflwork, p1wsa ciall. Thank )ou for cciusic ening aur frm for tb is project. nisf ecrl fu:1) sutj inittec , RICKER • ATKINSON • McHPIE - MOR.MAN & ASSOCIAMS, INC. KanrielhL.Ricl�er, P.E. /dh 21105 SOON Hardy Arive, Stile 113, Tempe; AZ EI;12821191714 • Tleleplicine (480) 9211-810UI • Facslmlle (48(1) 971]1-4(181 WNj W,rA rn m enig.caim RIC,M o ATRIMON mI.MCXM VIIMUl{lY1RlV ,ore R►_1���/_ ��� ��.a� ATTAICHMEINTI "A" Propcsal for Supplem nilal Geioleahrliciail Engireerinig aervice;i For: JI2 Hnginciering and Environmental Desigri, ULC RAMM Propcisal Na. PG1 f C 91fl PROJBC11: Aldaro Mourtain T -eiilhead Elvailuaticin of. E)dslingl Road Fill and Sutggeida Fountain Hills, Ajiaoniai DE SC RII TIICIN: Thea existing road throuah tYe tnailiieiad Iia, been parity filleid andl madifieid sir.ice ouir uriginaill wcuik al lhu s'tc (G 11.151 and (3121111 fC. S CCIPE OF SE RVIC ES: 1. Test p'ts mill bei pcnfoimed to delerminc suibsuifiica car.id'tions and obtain reipresentedive samples for llaturatory arall)ses. flcur tesl puts 2 to C ficel 'ni depth or prior reifusal are pimposad in tr a fiat areais. 2. Laborgor)l analyses cif represenlafVC1 searple`i vAIII include: Minus No. 200 S,ieva and Plasticity, Index Slatidard Proclor 3. Tlie fiend aic aabaralory datei will be viscid in ergineerinig en+a taticin vac anal31aes to fbrr.iulate ow gectachdical recammenc aitioris. 4. An Ergirieeir's raporl mill be praivided plresenlin8 the rviulls of the fieild and laboratory testing) and rccommend alarm fon sir a orad inig emd p replai aticin procicidurw and ether supplcimanU io cur odginal repcuis. COMPUETION TIMEI: Hineii raiparl aplproximial ely 3 to 4 weciks after aulhorized to pruaeied. AEE: $2,500.(1(1 to $3,40CI.CIC Rrj= o AJ'KIJ MN MCIIEE o MO MAIN & ASS'OC-IAT , INC. ATTACHMENT "A" Proposal for Supplmierital Geieteichn:ioal Er plineaermg 9eriviceis Fcir: M Engirecririg and Hnvimmnunial Lles'gn, LLC RAMiV Pi-cposal l\ o. Pelf 09` PROJECT: AdarciMciunta "Li-a[lbead Ewlc action of Existimg Wed Fill and Subglrac e Fauntairi Hills, Arizona 'lhei uncersigried gvies to tho forgoltg Sccipu anc Fele. RICKI';R 1 ATKIi\ETON o MaBEL+1- MORMAN & ASSOCIATES, INC. E y: Kenneth L. Ricilcem, P.EI., Project Bngincur Cllrierit: E y: Data: Tk: J7EIn41lnieering anid Enuliorimeniall 4(1451 E. Ccltlor On Lc or Ecluite B2 F hoe,nl> , AZ 11944 0 Attr : KE ii 1 n Vllalibt F h ori E I: U 2. 642N11 Fax: 6044111-2=5 PROPOSAL Dater N�mHer. (114,1all61 NRIQ7096 ThIa is N01 ar invoiae F rojecl Name: HOW 4$ H ILLS ADE RO MAIN TFAILHEAD IS P1 Jot Lc cation: 484£1 E. Ccittari Gln Ilciap ulla lig F haenb, A2185046 F OACaatn c t h o.: NRI Jab A o.: aryl Deacrip 11cin Ur tt Un11 PricerErl. Arima IN Oliva Plant tnventory 1+ $'I,B 0 Do Nol Els: Imeritan IniclutesORS tsut,CPS unit,dads Vroaclsaing, data prirtingl, AutaCAC. 41utTclei $1,850.00 E alels Tel N gl Goo S11ippin6 8c�oo Tcltal $1,B5�I.00 Cate Prepumd:01 0118 Page i of Proposlal No. t RIC 70411 71me CImaled: '10:410:28 Prepares by. Errldy Hom an Fountale Had Adam Min TraMw ad N Flt DhOtiwm i Plaaso Ncile: 0 islurk once area a nd N ADS must be slakes pricer to Invenlarystart c ale. Changes made lo invenloryl wad scope once It venlory has been completed w If nequine a chanele oro or to the oniginal cancra ol. � la c Jd k ina I inventory Propcisad Jvolles In addition to the tie d s lm ey, NRI wll provide the bhow ng: Sbl IBI flnishec t luelineg of project site • Sb i 1161 native pia nt Inventory book ets • Site plans and at Exaet spueadsheet In electronic format Blo �Ippecival price may not Inc uds applicable U ca o f9ede nal laze:. Rik a does not Include costs assoclaled with any require cl permits on bonds. Price does not Ina ude any hard cllg condltklns on craning cog IS 1'I required. Any aileraitk n or deviation from the above r peaificationc Involving ex to cosls wf I be dclne only upon a vn fie n change onden. The costs u 81 ben orae an exin chargee oven and above this estim ate. 1 his estimate does not Incdudei m al erial pdcc I Inemaases, or additk nal la t a n enc materials which maybe insquired should cmfoneseon problems anise often the work has storied. Thla pnopoc a may be w thdravm bel us it not aca opted within 30 days . I Flaymenl terms ibu Inventory bide oven $1,000110: Net 30 dalls unless otherwise Inc icaled of negotiated. All Inventory b(ckl totalling leg s than $1,000.0 ( must be paid prig i to Inventory work begins. On account ov en W days a service change of 1.590 per month will be is sessed. Acceptance of flropersal II)ISiglnalune: The above pnices, speclgcollans and condilions are salisllactorylanc one hereby accepted. i, the undensigned, have read, undenslenic and al; roe to the term sand sondlllonis dl NRI's warranty Inikirmallon with regard to IIs wol k. I undenalanc that this pucgl asal villi seniei as a "N alive To PI aaeed" with the wort conlained I ensini. AulNoulzed by: SI( nature: Date: Clalei flrepared: 0'MMA18 Time agEtal ed: 10:40:28 Flrepared byl amUy h oma n ahea.ym 101 F age 5 of Nnoposal No. NF 1011018 Fiaunlah h ilh Aden h to Trelihead N PI January 27, 2016 Mr. Jeff Engelmann 12 Engineering and Environmental Design 4649 East Cotton Gin loop, Suite B2 Phoenix, AZ 85040 Re: fountain Hills Ramada Plan and Calculation Verification DearjeH, Per our discussions, this scope and fee proposal has been compiled at your request to update the current plans and calculations for the Fountain Hills Ramada, which was originally designed in 2006. The original design utilized the IBC 2003 and ASCE 7-05 design codes, but we will be updating the plans per the IBC 2012 and ASCE 7-10. Below is a list of our assumptions used in developing the estimate for this update: Assumptions: 1. All plan and calculation submittals will be in electronic PDF format 2. The revised remade plans and calculations will be based on ASCE 7-10 and the IBC 2012. 3. The difference between the 2003 IBC and the 2012 IBC applied loading Is less than 5%. 4. A new calculation, indicating that the applied loading according to the latest codes is within 5% of the original loading and therefore the original calculations do not need to be updated. We will provide the calculation the shows the new loading is within 5% of existing bads and attach this calculation to the original calculations. 5. No special provisions or past -design services are included or will be provided by Structural Grace. Meetings: (1) One kickoff meetingis Included. (2) Two comment resolution meetings are included. Deliverables: — Revised Bridge Plans and Calculations (in electronic PDF formal Proposed Fee: We propose ro perform the above scope for a lump sum fee of $5,539. This quote is valid for 6 months from date of proposal. Thank you for the opportunity to work with you and your project team. Please feel free to contact me if you need any additional information. Sincerely, Structural Gram, Inc. P4, Nathan I. Palmer, PE Project Manager 808N:First snuet 1430 E. FL Lowell Rd, Suite 200 Phmnix,Mimna 85W4 Tuoon, Mlaona 85719 (6025437-2551 (520) 320 F.(6021437-7244 fax(520)320.0157 vmw.smawrulyace.mm 7/o.7pueagpro /,=r/11.1, e9-Aeol- [Ilenl: REry.Inmine aiJ frvAnnnlmWOal{n Oa!¢ YiLmlfi Owner: Tam NSauMaln HlOa SW Nn_ %%60@ Pnl[[F. HamJa apdale�M[Cavni MgrnlYn PruNW WhNd 411ma1¢ TM:� Supe. P.lweM lsa49Au xW,Nnaq nxvnin ISSo1Jmw5e I wxllntanel, IhmNr.exBEOw �ilnrmt I w,wr.nrvuuaprxe.nm Prgr[1 h.hW<r wapt u. Pra1M mqn wyne. W"M fop.• mw dHwl M vumpwn lui4"u`I� bi'roao SSfO S59ano SSEeao bes.0o ¢Fw SRW ew wun mM wr 5 WidanlM anJ MCNIgs GONbrbn xiR iwnal Hanlon Mllh antl 11 Fn{IneuN[ OAO fiAAl aXwueoWSUI opo bROVO Eamwntomeblpr MeellW Ul om o.w O4o nw o SWnro b pmJa>M1n am{m vtl avoYw rmNne <deaunen verlm.Nen $taase.iAi b'Aaoo^ Tuee]mxol 400 OA] Si506t SheN 5R3A! N iW aD] Ott aW aA] 4N L $I)EO.M RM1I Xe Na SaM ]$.W IQW pPo $Sri54W TONl pharfma S)FWAa S%OPo b5}3Jxn foAO f44J f40Po $OM $SAS4W PSamal.d ola.ef=Pnneea pu Tolu MVnae®k.0E5We %.1R MNIb b6.W (ounce hpe o.0o Smw Fub $4w TaRlpnu hP^^Wa $BOAO SubwnNlanb nnnn �'Po Tolol Submnxullvnlx TOTPL RE Supe. P.lweM lsa49Au xW,Nnaq nxvnin ISSo1Jmw5e I wxllntanel, IhmNr.exBEOw �ilnrmt I w,wr.nrvuuaprxe.nm J2IENG-1 OP 11 : JN '`�` R� CERTIFICATE OR LIABILITM INSURANCE DATE (N N /1I DIYYYY I cl�c�l:u�lalel TH IS CIERTIFICA119 IS ISHL ED AS A MAITTHR ON INRORMAIION ONLY ANO CONR9RS N O RIGHTS UA CIN 'RHO CSRIIFICIAIE HOLDER. TH IS CERTIRICAITS DOLTS NOT AFRIRMAIIVEL) OR NEGAITI%ELY AMEND, 9XIENO CIR AU -113R THE CIOVBRAIGS AIFIROROEO BY -RHO POLICIES SELOM . TH 19 CIBRIIFICIAIE OR INEIL RAIN CIE DOSS N 071 CON 971TL 719 A CONIRACIT BETWEEN IH9 ISSL IN G ]NEIL RBR(S;, AL TH CIRIZE D RERRSSSNI AIIV9 CIR PRODUCER, AN 0 TH B CEIRTIFICAIT9 H OLDER. IN PORTANT: Ill the certificate holder is an ADDITIONAL INSURED, the policy(ies) IT usl be endorsed. If SUBROGATION IS WAIV90, sub'ecl to the leans and car dilicml of the policy, certair policies may nequire ar enc onsemer t. A st:ltelr enl on this certificale c aes nal canfen right, ICI the certificate holder in lieu of such endorsement(s). PRODUCER Puclfessiar al L nderwniters o1 Arizona, Inc. CONTACT 1 ne L UrMe nxnite rs a f Aratlna NAME: IAIC. No,PHONE E: 4 8C1-481-04`101 FaAlac N„ 480-948-7752 E-MAIL ADDRESS: P.O. Box 54119 Scottsdale, AZ 95261.5419 Pnclf. L nderwnitera clt Arizona INSURERS AN FCIRDING COVERAGE NAK W INSURER A• N L I Insueance Company 13C1561 INSURED J2 9ngir eer r g & 9nviror n ent41 Oesigr, LLC 4649 E.ClalttarGir LcioriAIB2 INSURER B: INSURER C: INSURER O: F hoenix, AZ 1504 0 INSURER E: 10,12312015 INSURER F: DAMAGE TO RENTED PREMISES (Ea occurrence) 1 1,000,000 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THS IS 70 CERTIFY 1HPn THEI ROUGHS OF INSURANCIE LIS7E10 BELOW HANE SEEN ISSUED 70 THEI INSURED NAM913 ABOVE FOR IHE ROLICIY PEIRICID INOIOAIIEID. NOTV1117HSVINDINCI PINY REOUIREMON1, TERM OR CCIN31TICIN OF ANY CICINIRACI CIR CI-IHER OCICLMONTI WAIF ROSPECT -10 WHICIH -1HIS CEIRTIIFICIATIE N AY BE ISSUED OR WIN RERIIAIN, TIF E INSU RANCIE AFFCIROED 01 711E FIOLICIIES DESORIBBC H EREIN IS SU &IECI7 TICI AIL L TIF EI TERMS, EX CLUSION S AN O CION OITICINS OF SU ah RCIL ICIES. LIMIIS SF OVA N MAIN H AN S BEEN REOU CIRD 01 PIAlla CLPIMS. INSR LTR TYRE OF INSURANCE ACICCIROANCIEWrrH THBROLICIY PRCIVISICINS. POLICY NUMBER POLICY EFF MMIDD POLICY EXP MMIDD I TAI ITS A X CON N EE O IAL GIENERAL L ABU ITY EACH OCCURRENCE 1 1,000,000 CLAIMS -MADE Fkl CICCUR X X PSB0002206 10,12312015 10/23/2016 DAMAGE TO RENTED PREMISES (Ea occurrence) 1 1,000,000 N ED EXP (Any one person) 9 10,000 X Blell AI 81 WCIS X Contra cti aI l lal . PERSONAI & ADV IPIJURY 9 1,000,000 AGGREGATE I IN IT APD L IES R Ilk GENERAL AGGREGATE $ 2,000,000 ,GEN'L D OI ICY X PRO-- F -1l CIC PRODUCTS - CON PICIP AGG 9 2,000,000 5 OTHER: AUTONCBII I U ABW TY COMBINED SINGLE LIMIT Ea accident y 1,000,000 BODIIYINJURY (Per persan) 9 A X ANY AUTCI X X PSA0001468 10193/2015 10123 1019 AOL OAA PIED SCHEDULED AU103AUTOS BODIIIIWJIRY(Per acccient) 9 PROPERTY DAMAGE 5 Peraccident X X NCIPI-OVIPIBD HIRED UT S& �ktW y X Bkt Al X UMBRELLA LIAR H,,,CUR EACH OCCURRENCE 9 ACICIRRUA TE 9 EI ICESS LAB CLAIMS -MADE DED RETENTION $ $ WORKERS COM PINS ATION AND EM PI CIYE RS' I [ABILITY Y N ANY PRCIPRIEIORIPARTNER! EXECUTIVE❑NIA STATUTE ER E.L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? (Mandatory in NH) E.l. DISEA3 9 - EA EMPLOYE 9 If yes, describe under DESCRIPTION OF OPERATIONS t elomi E.L. DISEASE - POLICY LIMIT $ A LiaC. )I RDP0022250 10123112019 '10123,12016 Per Cllaim 2,000,000 Lofessional nginear Ann. Agg. 2,000,000 DBSCRIPTIOPI OR OPERATICINS i I OC[ TIONS /VEHICLES (ACORD 101, AddlUonal Remarks Schedule, mall W attael ed II mare space Is required) RE: 16.0891IACIII Ac ero Carlyclnl Trailhclac Bic Ducti rrlerltsl C201I-C1011 Certificate holt er Tei ac ditianael insurec a:i irld icadeld. Cowniages affarc Bic are primaryeinc rlorl-cortritutalrybeisis QElxclludirlg 980;. Walivelr o1 subrogation mI(IIL deed. CFRTIFICATF HOI_DFR CANCELLATION TOW NR0.1 SH OU LD ANIY CIF THE ABCIVE OESCIRIBEO PCILICIES E E CANCELLED BEFORE TIRE EXFIIRA'IION 061E IIHERIEOF, NCnI(IE HILL BE OELIVEREO IN ACICCIROANCIEWrrH THBROLICIY PRCIVISICINS. TcwrI cif Roti ntain Hills AUTHORMID REPRESENTAIIVE egifw 19109 E AVeriucl of thcl Rou retain Fciu nivirl H llhi, A21892611 C 1988-2014 ACORD CORPORATION. All Diclhls neseneed. ACIORO 25 (20'14,101) Tile AGOF 11 name anic laga ante n%lislened mlauks cif ACIORO CERTIFICATE OF LIIABILIIITY INSURANCE R(Ag 9ii3i2c if1 IH IS CIFIRTIFICIAIEIS ISSUBD AIS A N A11117111R OF INFORMATION CIN EIY AIN D CICI N FERS N O RIGH ISI UPCIN 11H E CIERIIFICAITEIH CILDER. TH IS CIER111FFOAIE nosy N CIII AFF IRMAIVEIUY OR N ECIAITHI EILh AMEND, ED(WM D OR AUTEIR 1H9 COVERAGE AlIFOR C EID Bh 1H G ROLICIIEISI E ELOW, 1HISI CEIRIIF IDAIEI OF I IN SIU RAN CB d OES NO71 CICIN SlIIIIUIIE AI CON TRACT FI EITWEIEN THE lS ISIC IN (I [NSL RORQS], AIUIHORIZEIO REPRESENTATIVE OR PRODUCER, AND THIS CERTIFICATE HOLDER. IN ROF TAN1: If the certlficale H olden la a n ACIDIIIONAL IN SIURE13,1111e F IolicAles] muss H a ue AIDDIIHON AIII IN SL REI] pn( visions c r be end orsed. 11 SUEIROCIA7ION IS WA VIID, stab,lecl la the terms and clalndlliorls o11111e plcticy, certain policies may secluircl an enc olsem(n1. A stallement cn this certificate does not confer rights 1(I the certificate holder In lieu of such endorsement a . pAlbbuca BAYCHEX INSURAINCE AGENCY DIC 210705 H: F. 1188EII 94: —(111 FIO BOX 330] 5 SAN ANTONIO TX 782615 CONTACT (W. No. lEdl- (MC,IIo): 11888 ) 1143-( 112 DR; g,: MISURMS)AIF4 ROP GCOVIIRAGE NA1LYr INS( RERA: Hartford Insurance (lanlpanN of the 37478 INSURIII) J2 ENGIINEERING a ENVIRONMENIAIL DESIGN LLC 4 619 9 E COTTON GIN LOOA ]I HSI BHOENIX AZ 85040 INSURER I : NSIIRERd: INS( PAR 8 fl SURER: INS(IRER 1: r•_nL FRAlfra(1 ❑RR111HICAIP N UMRBR: REIVIENCIN NL N EIEN: THIM IS 110 CERTIFY TW11 THE PCILIGES OF INSURAN(18 WTE11 BeLCIW HAVE BEEN ISSLED TO THE INSIURED NAMED AIBOVE FCIR THE PCIl1C1) PERIOD INDICATED. NCITWITWITANDING AN) REQUIREIMEINI, 11SRN OR (MENTION CIN ANY CICINTRACT CIR OTHER DOCIUMENT V rIH REISPEcni 10 WHICH THIS CIERTIFICIATE MAY BE ISSUED CIR MAN PERTAIN, THE INSURANCE AFFCIRDED EIY IEE FIOLICIES CESCIRIBED HEREIN MI SUBJECIT Tia ALL THE TEFIMS,EXC ILL SION S MID CONC ITICINS CIF SIUCIH FIOLICIBSL LIN ITSI SHC WN N AIV HANE BEEN REDLCIED EIN FIRED CILAIN S. INSR TZRA OA so e"WIT ADDL SURR A01.101NOAIAER +Ou.IDCYPFF POIJ Cr PNP LR LATS '7A -z— COMMERCIAL CIENERAL LIABILITY CUl1wSMADE 1:1 M'LA]113 ATE LIMII APFILIES PEII POLICY PROd LOC a JECT CfiF4B8: 444eOC_9M9 Acnan CnaVARATIAN_ All rtahts reserved. FJ CH OCCURRENCE 9 DAMAGE DAMAGE TC RENTED S PREMISES Ea occ(rtreaate M EB EXd (An1 one Peres n) S PARSONAIJ &A DA IN It RY 9 Ge11ERA9jI OGRE GAI E g PRODUCTS-a(IMPI08 Ade g S AIUI OA OI ILE I IABR TY 1111) AV 10 OWNED SCHEDILED AUTCIS ONI Y AUTOI: IIIREONDN•CNSNBD AUTOS CH(I Y AUTON C INLY COMBIN%1S(NGLE LIMIT S (Ea eoddenl SOCILY INJUR` I (Pi r P ran) BODILY INJURII(Pi roco*em) 9 PROI 0 RTII GAIN (Per aaldem) S S UMBRELLA LAB d EXCESS LIAR OCCUR CLAIMS MADE EACH OOCIIRFUINCE S AGGRIIGATI OFA RETEN710Ng S M trORNHRSCOMPEMWION Am ne PUU'IIRr1MfiIUTY ANY PROPRIEIORlPAR1 NER/EXICUTNE YIN pFFlcafolyMBER E71CLlIDEi01 (If lanadeRybNH ❑ I.Iyes, deaa0leunder DESCRIPTION OF OPERATIONS below WA 76 WEEN D00312 05/71/2016 05/27/20:17 ]I PTA OTN STATUTE ER E.L. EACI ACCIDENT ] , 00(1, CICICI H EII. DISEASE EA EMPLOYEE $1 (100 CICICI I I E0.. DISEASE -POLICY UNIT g1A000, caa DESCRIPTION OF OPER) ITTONS I,l 001TIONS /VEHICLES (ACORD 141, Ail d1doaal Re marl a as l e dule, may bd a naahad tf ma n alae to n gnfred) Thoslel LPIUIcail tics thEl 1IrmitrEId's Openatlions. Re: 16.CI8IS17.CICI-I Aldero Canyon Trai]H E1ac Bid DaaulmElrltl s C;K117-UCl7 CERTIFICATE rlvuutlK "^••""_`^.._.. SHOULD ANY OF 1 HEI ABOVE DEIISCRIBEIID R(II ICIEISt BE CIANCBI 180 E 8FOR131HEI E9? PIRAIION UAITE 1HEIRROF, N O110EI WILL E 8 DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUrHORIZEDREPRESENTATIVE Town of Fourltz i n H i llha 1161705 E AVENUE OF 9HH FOUNTAIIIN9 '7A -z— HOUNTAIN HILLS, At E1126f 444eOC_9M9 Acnan CnaVARATIAN_ All rtahts reserved. ACIORD2811201BII03; the ACORD ramal allc logo ane neghtlertic ITiarNsl olACORD ConVraacil Na. C21CI17••CIC17.1 AIR ST AMENDMENT TC ARC ADSISIC NAL SERVIICES AGREEMENT BETWEEN TB E TC WN 0 F FIOUNDAIN HIIJIIS AND J3 ENCINEERI NG & ENVIRONMENTAL DESIGN, L.B.C. THIS FIRST AMENDMENT TO PROFESSIONAL] SHRVICHSI AGREEMENT (11his "First Amendment") :is anlereic into as oflApril 6, 20:17, Ieitweien 1he 'flown aflFounlain Hills, an Arizona miunieipa:l caorporaticar.i (the "Town"), anc JI2 Hngineering & Environmental Design, L.LJ.0 ., an Arizona limiitcic liability company (thci "Consultant"). RECI`IA119 A. The 'flown and Ihei C onsultanl cirilered into a Professional Slcarviccas Agrocimcnl dattad Jlune 2, 2CI1(, fear Consullan4 to provide the Town with bid doeLiments 11updated 95%, '100% and bid reiady final submittals; for the Adeiro Canyon Traailhcaad 111he "ABreiemieint",. All capitalizcic harms not otherwise defincid :in this First Amendment havta lhta samei meianinEls as contained in the A graomml. H. 1lhe Town has ceiteirmiined Vhaat add:ilional services by the ConsulVaant area r.ieiccissary. C. 'Ihe 'flown and the Cansu:Ilant deisire to tinter into this First Amendment to (i; modify 1he scope oflwork 4a includta thea Add:ilionaa Scirviccis ant (Iii) prov:icea for thta inereaase in caomper.isaalion to 1he C crosu:llant for thti Additior.ial Slcirviccis. AGREEMENT NOW, THHREFORH, :in cions:iceirallion oflthe foregaing introduction and rcacaiVals, whiah are :incaorporattad heirein Iy raferencia, 1he fol:lawring mutual covenants and ciondit:ians, and othtar 8aac and valuab:la aans:idtirat:ian, 4he recaeipl and sufficiency aflwhich area hereby aaknawkidged, the Town anc thta Consultant hcareaby aagrue as follawis: 1. Scopca cafl Wart. Consultant shall providta 1he Additional Searvicaes as scat forth ir.i the Add:ilional Scopca of Wont, attaachcad hercalo as Dxhibil l and ir.icaorporaVead hcreain bN rcafirareneea. 21. Compensation. The 'Dawn shall increasca 1he compeansatian to Cansualant Iy $151,433.00 fir the Accit:icnaal Servicaes at 4he rales sert frirlh :in the Additional Feca Prapasal, attached herato as a parl ofl Exhibil 1, reasult:ind in an incrcaasea afl thea aggreagaVea nal-to-excaecac caompensalion fiam $126,137.00 la $144,'1( 0.00. =1. Hffiract afl Amcncmient. In all other rcaspecats, thta Agrcaeamenl is affirmaad and ratifiead and, except as expressly macified hereir.i, all tcarmas and caoncit:ians aflthca Agreaemieant shall rtama:ir.i :in full forcca and effcacat. 2938094.1 4. Non -Default. By executing this First Amendment, the Consultant affirmatively asserts that (i) the Town is not currently in default, nor has been in default at any time prior to this First Amendment, under any of the terms or conditions of the Agreement and (ii) any and all claims, known and unknown, relating to the Agreement and existing on or before the date of this First Amendment are forever waived. 5, Israel. Consultant certifies that it is not currently engaged in, and agrees for the duration of this Agreement that it will not engage in a `boycott," as that term is defined in AM. Rev. STAT. § 35-393, of Israel. 6. Conflict of Interest. This First Amendment and the Agreement may be canceled by the Town pursuant to Amz. Rev. STAT. § 38-511. IN WITNESS WHEREOF, the patties hereto have executed this instrument as of the date and year fust set forth above. "Town" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation r-. Grady E. Miller n Manager ATTEST: Bevelyn I. BeVer, T w❑ Clerk (ACKNOWLEDGMENT) STATE OF ARIZONA ) )as. COUNTY OF MARICOPA ) On 119 2017, before me personally appeared Grady E. Miller, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed time above document, on behalf of the Town of Fountain Hills. PAULA L. WOODWARD ttdsryPubAc-Slab dAMuie �" gMARICOPA rAUtrTV My �Wmmbsiwi mE �Ye� (a% Notary Public (Affix notary seal here) 2938094.1 "Consultant" J2 ENGINEERING & ENVIRONMENTAL DESIGN, L.L.C., an Arizona. limited liability company E Na . C -F -F GI t'o-nk l Title: Vi Lt • Prestde.vrt' (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) as. COUNTY OF MARICOPA ) On 13 2017, bof9m me personally appeared %t-f'F `GWtf �V1ti0. vLVt the V 1 LG Pv tc l d2K'f"of J2 ENGINEERING & ENVIRONMENTAL DESIGN, L.L.C., an Arizona limited liability company, whose identity was proven to me on the basis of satisfactory evidence to be the person who he/she claims to be, and acknowledged that he/she signed the above document on behalf of the limited liability company. Notary Public (Affix notary seal here) *NK0 Any NUNT OTARY PUBLIC STATE OF ARIZONA MARICOPA COUNTY M CJOMMARy 25 2020IRES 2939094.1 EXHIBIT 1 TO RIRIST AMENDMENT TO pRIOF®SSIONAL SERMICES AGREEMENT BEIIWEHN IIHH'➢OWN OR FIOUNTAIN HILLS AI\ D JI21 ENGINBBRING & BNVIRIONMENTAL DESIGN, II.B.C. [Additiior.ial 9ciope of Woxkl and Flee pzopo:ial] 9c a fallowing pages. 293 10 94. 1 March 23, 2017 Mark Mayer Director of Parks 8 Recreation Town of Fountain Hills 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 Re: Adero Canyon Trallhead Initial Phase Interim Utilities (Prepamtlon of Addendum Documents for Solar Power Collection and Distribution System, Water Tank for Sewage Flush and Drip Irrigation, Tank for Sewage Collection, Drip Irrigation Conversion to Solar) Dear Mr. Mayer. J2 Engineering and Environmental Design, LLC (J2) Is pleased to submit this letter for professional services regarding the subject project. The proposal Is based on our recept discussions with you regarding the interim conversion of the electrical system to a solar collection and distribution system, the Interim conversion of the restroom gush tanks to a water tank flush system and a holding tank sewage contalnment system, and the conversion of the drip Irrigation system to operate from the same water holding tank targeted for use with the restroom. There will be pq Interim potable water supply to this site and those features (drinking fountain, sinks, hot water heater or other potable water devices in the restroom will be shown on the plans to be either disconnected or non operational at this time and those connections and devices would be made operational by the Town when potable water system Is available to the site. This Interim condition Is due to the lack of available potable water, sewer and electrical power to the site that will last an extended period of time beyond what was originally anticipated by the Town. TASK A Create Addendum Documents for Solar Power, Sewage Water Tank Flush and Collection and Drip Irrigation Conversion to a Holding Tank and Solar Controller A. J2 Water Tank, Sewage CUlecgon and Drip Irrigation Conversion $10,533.00 B. Wright Engineering Solar Electrical Design Conversion $ 4,600.00 C. OrcuttWinslow Partnership Architecture Update Restroom Design 5 3 bnn.n0 Total $18,433.00 The scope letter and the associated fees have been developed to address the Interim condition and to expedite the creation of these addendum documents. We anticipate one (1) submittal moth Town for their review and concurrence and then making any final adjustments per comments received and issuing final addendum documents through the Town for this project. We look forward to completing these addendum efforts promptly fol owing your approval. Sincerely, J2 Engineering and Environmental Design, LLC Jeff g nn, RLA ',-__V1oe1Pres1dent 4649 E. Codon Gin Loop. Suite B2 DERIVATION OF COST PROPOSAL'. DESIGN SERVICES TASK A INTERIM MILITIE5 Adero Canyon Trallhead Interim UUift1w Town of Fountaln Hgls J2 Engineering and Environmental Design, LLC Estimated tllmct labor and rates Classifcaaon Estimated Man Current Rales Total Nau Pmed Principal B 68.00 54011.0D Pmed Mane er M 557.17 $743.011 Preect En (neer 14 542.50 8595.00 Pmed Landsutp, Ar Ter 10 $41.08 8411.00 Dae ner-Sr. 44 837.39 $1,645.00 Total Hours 87 Total Direct Labor $3,60200 Total Estbneted Labor: Ovvhead®151.85%of Direct Labor Total Estimated Labor and OwrMad: Estimated Direct Expenses Eatlmatad Total Total Direct Expenses Subconsultants: Design I Eglneedng-Elecbiwl Egineedng Total Estimated Outside SeM=. Total Estlmaled Cost J3 and Submnsulort Flied Fee at 10% and Environmental Design LLC 4 2B'1:7— Date it U017 INTERIM ML 811MM4RY Total Estimated Cast Fee Schedule a 017 J2 Engineering and Environmental Deaign3 LLC Man Hntw IMedm MI J2 Fee, F3dmate Interim Unitas 00.2117rb.aia Project Pro)ecl Pwf act Pro)ect Uesllner- Task Numbr Teak _ iPrineipel Mehagar Lendewpa EngineerI Sr. Tohl ArcMted Tmkg-100" ..__..... O'mfln TeaklydeAmNflOUds _ �.._. ... _..I _ _. . 'Cut New Gratling SM1eet For Water Tank Hording Area aiW 101 Puess 1 _ ] a B ]5 'Waterwage Cut Sewage Plan and! Profit, Shttl from Tank to RMwam 102 wiw ebwnneNon VaMu 12 4 B ]S New Sewage Wiembn OFmrsldn SMem at <Iddesx ]03 Manboletew[edm Ue EaalMTan o Vault --- 1 2 d a IS Cut New One Intgatbn am en De or Sear Valves, 106 Tank Cmmemb SolarConacter 1 2_ 1 16 2'! Update Can Minute and gid Tab Up ate To Reflect gM _ MIS Alternate Cmtand ad Tab Set U forAddleanal Alternate 1 1 2 2 9 10 Update gpetlflwWns and Waco for New A Rale aid 306 tum. 3 a, 6 Man Hntw IMedm MI J2 Fee, F3dmate Interim Unitas 00.2117rb.aia orcuttlwinslow March 23, 2017 Mr. eff Engelmann 32 Engineering and Environmental Design 4649 East Cotton Gin Loop Phoenfx, Arizona 85040 Be. Architectural Consulting Services Adero Canyon Traiihead Professional Services Orcutt j Winslow Project No. 20i(ti35-02 Dearleff, Our proposed scope of Construction services is as follows Scope of Services We will provide dorumentatlon for the following requested options: Bid Alternate to make the building electrical all solar based with battery storage Bid Alternate to change water Line Intake to a non potable type line for toilet Rushing Bid Alternate for temporary fixtures. Bid Alternate for Ramada Lighting Solar Collection and Battery Storage Bid Alternate for Ballard Lighting converted to solar lighting with battery storage Bid Alternate for Duplex Power at Ramada Re-evaluate loads on ramada roof to support solar panel collection System and potential battery storage Professional Fees Professional Services to be provided for a lump sum of $3.400. Please feel free to call If you have any questions at need further information in regards to this Proposal S ,4SA LTerryPartner Accepted by Name and Title Date 3003 n ..MAI evo sixteenth tine, InI.Ix x265012 502 257 1769 s PHOENIX MUMBAI SAN DIEGO 6022570029t www owns.. 1A�RI G Hi Additional Service Agreement IIIM16161-003 engineering corporation ELECTRICAL ENGINEERING 8 LIGHTING DESIGN March 21, 2017 J2 Engineering & Environmental Design 4649 East Cotton Gin Loop Suite B2 Phoenix, Az 65040 Re: Adero Canyon Trail Head Electrical Plan: Grid to Solar Conversion — WEC Project#16161 Attn: Jeff Engelmann Contract amendment for Wright Engineering Corp. to complete additional services listed below: 1. Provide an addendum plan set which will show electrical plan revisions detailing the required components for a solar powered trail head site. 2. Details will include photovoltaic panels, batteries, charge controllers, and inverter to power the "future" grid powered trailhead. 3. Site lighting layout will be adjusted for "interim" lighting conditions with the photovoltaic system. The interim lighting will provide for future final build out of the site lighting with no new conduit or excavation required at the future time. Type of Billing: Lump sum upon completion $4,500.00 (Four Thousand Five Hundred) Wright Engineering, Corp. Signature: V X/0 0/' By: R. Scott Wright, P.E. Title: President Date: March 21. 2017 J2 Engineering & Environmental Design Signature: is Title: 165EASr CHILTON " CHANDLER, ARIZONA 85225 OFFICE: 486-497-5829 FAx:480497-5807 w .w ghimginm6ng.m May 01, 2017 Rachael Goodwin, CPRP, CFEA Interim Director Town of Fountain Hills 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 Re;: Adero Canyon Trailhead Post Design and Construction Observations Dear Ms, Goodwin: J2 Engineering and Environmental Design, LLC (12) is pleased to submit the attached scope of services (Exhibit A), man-hour estimate and fees for professional services regarding the subject project. The proposal is based on our recent discussions with you and Mr. Paul Mood regarding this project, what efforts the Town would provide and what efforts J2 and/or the J2 Team would provide to the Town during the construction of the Adero Canyon Trailhead. Our Team includes the following subconsultants: 1. Wright Engineering for Electrical Review of Shop Drawings and Site Visits for Electrical Installations 2. Orcutt Winslow Partnership for Architecture Shop Drawings and Special Inspections for Restroom Construction 3. RAMM for Geotechnical Engineering Materials Testing 4. Structural Grace— Special Inspections for Ramada Construction The construction observation tasks will initiate once the Town authorizes these efforts following contract award to the selected Contractor. Fee Summary to be billed on a Time and Materials basis with a not to exceed amount is: J2 Engineering and Environmental Design, LLC Wright Engineering - Electrical Engineering Orcutt Winslow Partnership—Architecture RAMM - Geotechnical Engineering Structural Grace - Structural Engineering Allowance for Any Unforeseen Post Design Efforts Sincerely, J2 Engineering and Environmental Design, LLC Jeff Engelmann, RLA Vice President $102,212.00 $ 3,750.00 $ 5,945.00 $ 6,670.00 $ 10,582.00 S 14�OQA4 Total Post Design Effort: $139,159.00 E. Cotton Gin Loop, Suite B2 Phoenix, AZ 85040 voice 602:438.2221 fax 602.438.2225 (9) Exhibit A Scope of Services Project Title: Adero Canyon Trailhead Post Design Post Design Services Description: J2 will provide the following Post Design Services on aTime and Materials basis: • Pre -Construction Meeting o J2 will have the following representatives from our Team present at this pre -construction meeting. The Project Manager, Civil Engineer and Landscape Architect,and our Teams Architect and Electrical Engineer will attend the pre -construction meeting to present a project overview to the attendees. It is assumed that the Contractor will run the pre -construction meeting and provide all required construction schedules, agendas, attendance logs, and meeting minutes. The meeting is anticipated to be five (5) hours in duration total including field trip to the site with the Team. • Requests for Information (RFI) and Architects Supplemental Instructions (ASI) o The J2 Team (J2, Architecture, Electrical Engineer, and Structural Engineer) will respond to all requests for information (RFI) or any Architects Supplemental Instructions with written directives, plans and/or details as needed to convey the information requested. Once complete, J2 will prepare and distribute the RFI documents to the Town and Contractor. • Shop Drawings. o The J2 Team (J2, Architecture, Electrical Engineer, and Structural Engineer) will review all Contractor submitted shop drawing and product submittals. Once complete, J2 will prepare and distribute the shop drawing and submittal review documents to the Town and Contractor. It is assumed that each submittal/shop drawing will have no more than two (2) reviews for each submittal package. This equates to an initial review of the submittal/shop drawing and a second review after any requested corrections or updates have been. made. We are anticipating, at a minimum, the Contractor submittals to include: • site civil engineering submittals— pavement mix designs, infrastructure materials (pipe, pipe fittings, pipe restraints, manholes, water valves, backflow prevention) other civil engineering elements and features submitted for review by Contractor • irrigation equipment (valves, controller, pipe) • decomposed granite materials • plant materials and associated items • erosion control materials • hardscape associated elements • site furnishings and siTeamenities • gate shop drawings • gabion wall materials • review of mock up panels for hardscape (scheduled and coordinated with other site visits) • Architectural and Building Submittals to Team Architect • Electrical Submittals to Team Electrical Engineer • Structural Submittals for Ramada to Team Structural Engineer WPrepared for Town of Fountain Hills. 2 of 5 J2 Engineering & Environmental Design M:\Prcpsse�ATam NfwMtin Fn4�Ta161TaN Heal Remu 20181Sccpe and FeaNael OesgM-12 Poalnnyn OSM-1]Ecu J2 will maintain a file management system for documenting the reviews and responses for the landscape and Irrigation elements, planting and irrigation shop drawings, and landscape and irrigation material submittals. • Construction Progress Meetings o J2 will attend weekly construction progress meetings at the site for coordination this would be based upon a Town agreed upon limit to construction. J2 estimates that the construction of the trallhead should take no more than nine (9) months or 39 weeks. J2 would have at a minimum one (1) staff member at each weekly meeting and at times during construction it is estimated that we could have a maximum of three (3) representatives at no more than six (6) weekly meetings to address different aspects of the project. Each meeting is anticipated to be three (3) hours in duration total. o J2 would ask our Team sub -consultants to provide the following: • Architecture Special Inspections of Restroom Building. Minimum of Three (3) Inspections/Site Field Visits and attendance at three (3) construction progress meetings for a total of six (6) site visits. • Structural Special Inspections for Ramada Structure. Minimum of Three (3) Inspections/Site Field Visits and attendance at two (2) construction progress meetings for a total of five (5) site visits. • Electrical Inspections for Lighting and Electrical Controls. Minimum of Three (3) Inspection ite Field Visits and attendance at three (3) construction progress meetings for a total of six (6) site visits. o Pre-Fina(Walkthrough with J2 and Team (Architects, Structural, Electrical). J2 would have at a minimum three (3) staff member at this pre -final waikthrough; our Project Manager, Project Engineer, Project Landscape Architect and representatives from our Team for Electrical and Building Architect. This meeting is anticipated to be six (6) hours in duration Including development of the punch list. J2's Project Manager will develop the pre -final punch lists and then meet with the Town and the Contractor to review the comments and determine a resolution to each comment. o Final Walkthrough with J2 and Team (Architects, Structural, Electrical) J2 would have at a minimum three (3) staff member at this final walkthrough; our Project Manager, Project Engineer, Project Landscape Architect and representatives from our Team for Electrical and Building Architect. This meeting is anticipated to be three (3) hours in duration. 12's Project Manager will compile any remaining items and then meet with the Town and the Contractor to review any remaining open comments and determine a resolution to each comment so that the project can be accepted. o Establish an Allowance for Any Unforeseen and Unanticipated Post Design Efforts. J2 has established a $5,000.00 allowance for any unforeseen or unanticipated requirements due to circumstances beyond the control of the Town or J2. • As -Built Plans o J2 will review Contractor provided field as -built plans and operations and maintenance manuals associated with the civil, landscape andirrigation portions of this project. We would ask the Architect, Structural and Electrical Team members to be responsible for their respective sheets and provide feedback to the Contractor regarding any project operation manual deficiencies or to help clarify any Contractor as-builts. This data will be used to complete the electronic as -built plan set that J2 will submit to the Town. Prepared for Town of Fountain Hills 3 of 5 J2 Engineering a Environmental Design M:tFnapmdATaTT 1Fomlen HiH0Gl%Tell Hear Rarnk201wiMPA and Fs csl Demgnu2 Post ne¢ign MOtd].dw `R) The redline plans provided to J2 will be the set developed and maintained by the Contractor during construction. These plans shall be legible, neat, and orderly. This scope does not include any efforts by J2 to investigate missing information or unclear notations on the provided plans. J2 will provide one (1) initial review of the Contractor provided as -built plans and operation and maintenance (O&M) manuals. J2 will comment on both the as-builts and 0&M manuals and provide written comments back to the Contractor for revisions. J2 will provide one (1) final review of as-builts and O&M manuals to verify if all deficiencies noted in the initial review have been adequately addressed. J2 will then process this clean set of redline plans and will develop CAD based (AutoCAD2014) electronic as-builts for return to the Town for their records. J2 will provide as-builts of the following design plans: On -Site Civil (water line, sewer line, pavement) Landscape Irrigation (On-site facilities) Planting Design J2 Team Architect —AII Building As-Bullts J2 Team Electrical Engineer —AII Electrical As -Butts J2 Team Structural Engineer —All Ramada As-Buiits Design Assumptions, Exceptions, and Exclusions: 1. This scope of services does not include providing legal descriptions or exhibits for providing any new easements, dedications, or rights of ways establishment. 2. The Design Team has not included any re -platting or rezoning efforts in this scope of services. 3. The Design Team is not providing any environmental or biological monitoring during construction. 4. The Design Team is not providing any permitting fees for this project. 5. Utility potholing and/or designating utilities has not been Included in this scope of services. It is assumed that the Contractor will be responsible for all potholing and underground utility investigation. 6. No public involvement has been included with this scope of services. 7. The Design Team is not providing any erosion control orSWPPP inspections as these could occur on a daily basis dependent upon weather and is typically best handled by on site personnel. 8. J2 is not monitoring any Contractor dust palliative or dust control activities as this would be a daily occurrence best handled by the Town. 9. J2 is not providing review of any Contractor close .out documentation such as warranties, owner's manuals, etc. 10. J2 is not preparing any meeting agendas or minutes for any construction meetings. 11. J2 is not providing any review of Contractor prepared traffic control plans. 12. The Design Team is not reviewing or approving any Contractor pay requests, nor providing any field measurements of actual work installed. 13. The J2 Design Team is not providing any percolation testing 14. The Town has indicated that the Town staff would be responsible for providing the following post design test and or inspections: a. MAG 440 Irrigation Pressure Test Site Visit b. MAG 611 Water Line and Sewer Line Pressure Test c. Check Blue Tops and Contractor Set String Grade of Aggregate Base d. Check Blue Tops and Contractor Set String Grade of Asphalt. Paving e: Flood Test Inspection of Asphalt Parking Area f. Nursery Tree/Shrub Tagging 15. The attached scopes of work from our Teams Architect, Electrical Engineer and Structural Engineer more clearly define each of their respective construction observation efforts. Prepamd for Town of Fountain Hills 4 of 5 J2 Engineering & Environmental Design M:1n,pml.Tam of F—tarn HIIIMY01ST.M HeW Remu201e15 end F.1 t Ii.tM.2 PwID.ssn 05-01-17.w 44NbE 16. J2 has included initial materials testing for the trailhead (see RAMM Geotechnical Scope). Any retesting required due to a failure of the test would be a cost and effort born by the Contractor as specified. 17. This scope is set up on a Time and Materials basis for all disciplines and the Town will only be billed for time spent by the J2 Team in response to the efforts outlined in this, and the attached sub -consultants scope of services. No additional time beyond these limits will be utilized by the J2 Team unless authorized in advance by the Town. Prepared for Town of Fountain Hills 5 Of 5 J2 Engineering 8 Environmental Design MNmpozIDlzrtam at FauYain W412d1MT�aI Hee] nemlxaDIMMM and FaaTP WaynU2Prer DdMgn 05,at-17.dom DERIVATION OF COST PROPOSAL'. DESIGN SERVICES TASK B POST DESIGN Adero Canyon Trailhead Post Design Town of Fountain Hills 4— J2 Engineering and Environmental Design, LLC Estimated direct labor and rates Classification Estimated Man Current Rates Total Total Hours 851 Total Direct Labor $37,894.00 Total Estimated Labor Overhead @ 145.21 %of Direct Labor Total Estimated Labor and Overhead: Estimated Direct Expenses Estimated Total Ex enses Printing, Reproduction, Reprographics, Supplies Etc ' Included in Overhead$0.00 Total Direct Expenses Subconsultants: Design Wright Engineering - Electrical Engineering Orcutt Winslow Partnership - Architecture RAMMM - G. a hnicel Engineering Structural Grace - Structural Engineering Allowance for Any Unforeseen Site Inspections Total Estimated Outside Services: Total Estimated Cost J2 and Subconsultanl Fixed Fee at 10% Engineering and Environmental Design LLC Date 51112017 Derivation - Design Total Estimated Cost: $139, Fee Schedule 51112017 J2 Engineering and Environmental Design, LLC Task Project Design Project Project Designer. Engineer Landscape Total Number Manager Senior Engineer Architect Sr.Administrative as 200 Post Design Task IPre-Construction Meeting 5 5 5 4 19 ,Requests for Information (RFI) and Architects Supplemental Instructors (ASI) 16 24', 12 40 4 96 Shop Drawing Reviews 161 16 16', 32 81 88 Construction Progress Weekly Meetings (39 Weeks) 1561 78 781 78 390 Pre -Final Walkthrough 241 12 24 12 8 80 ,Final Walkthrough I6 8 16 4 44 'As -Built Plans 4 8 20 40 60 2 134 0 Grand Total Design: 9 736 163 191 1447 108 8s1 Man Hours J2 Fee Fstimate Post Design 05-01 "` enginePHT Additional Service Agr#esle,eoo ELECTRICAL ENGINEERING & LIGHTING DESIGN April 26, 2017 J2 Engineering & Environmental Design 4649 East Cotton Gin Loop Suite B2 Phoenix, AZ 85040 Re: Adero Canyon Trailhead Construction Services — WEC Project# 16161-002 Attn: Jeff Engelmann Contract amendment for Wright Engineering Corp. to complete additional services listed below: 1. Attend (1) one Pre -construction meeting. 2. Review all electrical equipment submittal packages for conformance to contract documents and provide written itemized submittal review and response letter. 3. Review all RFI's and provide written itemized review and response letter, and issue ASI's as required. 4. Attend construction progress meetings as required. (Up to 3) 5. Visit the site for up to (2) two inspections (pre -final and final) of the electrical installation and prepare an inspection report. 6. Prepare Record Drawings of the electrical installation based on inspection information as well as contractor's marked up electrical plans. Type of Billing: Billed hourly at contract rates not to exceed: $3,750.00 (Three Thousand Seven Hundred Fifty Dollars) Wright Engineering, Corp. J2 Design Signature: Sig By: R. Scott Wright, P- By: Title: President Title: Date: September 8, 2016 Date: 185 EAST CHILTON • CHANDLER, ARIZONA 85225 OFFICE: 480497-5829 FAX: 480-497-5807 w .wnghtengineering.us c rcutt I w inslcw Sepllerri 1113, 2(11f, Revised Sepl err ber 14, 201E Mr. Jeff Er gelmanln 12 Bn gin eerir g air d 11niv1 irar mental Desiti 4E 45 Bast Ckittanl Clin hail FIH aeniro, Arizcma EIS (14 Re: Arcii i1 a ctt rail (Ian sultinla Services Adero Car yon luailli eaid Rost Design arcutt ( Winslovv NrclJecl Na. 201E.,135. al De air Jeff Clur prapclsed scope cif (lorlstru ct ion Ac m in istrail iar services is as fallav% s : Scop i1 of Selrvicc Is 1. F re-(lor.istru cticln meeting 2. SH aA1 Dm awing Reivi evv Qs: of 6 u ilc inig camp anient 3. Issu ar ce of ASIS, FIRS, alnc respclnc incl tc1 Rllls 4. 11tter.Iduplo3Cemslructranprclgnassmieelinpls 5. Spleciail;ItruatunallnsAlectarsofreinlforcirgQallclwinafcul3lalal; 6. Substantiailcomlplelior.Iinspectremardcocumenlaiticmclfcclrrecticros/campletianis. 71. Hinaillr.Ispecticlni EI. (Iorrpilalior.loll"record"drawirgsfrclminfculmlatiunpluovidec LNCcIr icicul 9. Review cif ail] clase•ouldocunertation,%arramtres,etc. Rrofesslon a] Fems Archil a at u na it Slim ices sH all He plrov Idec as kdlclws: Clanlsl ruclfor Admlir.iistr aiticm to be d illec ail our I I145 U r.iiversal Hourly Rdl a Nat-to-Brl Geed $5,514E Fleaise Ileel free to call if you have airy questions or r.ieed furlher iniknlmlallon in reilards to 1His Rrclpcw 11. S.iiyr ce�relN, I'AvuU"O P eil Terry, lfartner FlaIii by: Naime ar d Title Dal e 3aC13 n contra) ave sixteen th fIc Ieul F hclenix az 85a 12 CIC12 257 17(14 1 PHO9NIX MUM9A1 :IAN C 19GO 6012 257 9C1291'I f I fl CH IT F.. C -I URI. iIN NiNflk HI 0l-0OR IUE I.S I" WWW.CIWP.CCIrr RICKER • ATKINSON • McBEE • MORMAN (P & ASSOCIATES, INC. Geotechnical Engineering • Construction Materials Testing 2105 South Hardy Drive, Suite 13, Tempe, AZ 85282 Telephone (480) 921-8100 • Facsimile (480) 9214081 J2 Engineering and Environmental Design, LLC September 13, 2016 4649 East Cotton Gin Loop, Suite B2 (Updated April 26, 2017) Phoenix, Arizona 85040 Attn: Jeff Engelmann, RLA, ASLA Re: Adem Canyon Trailhead Improvements RAMM Proposal No. PTI 6748 Fountain Hills, Arizona Ricker, Atkinson, McBee, Morman & Associates, Inc. is pleased to submit this proposal to conduct Materials Testing Services for the above -referenced project. The following scope of work and estimated fee are based on our experience with similar projects, a review of the project plans provided, information provided to this firm by J2 Engineering, and a review of the soils and seismic reports prepared by this firm for the project. Charges will be based only on actual time spent and testing performed to provide the services required. On this project there will be no minimum charge per trip and no overtime premium for weekday work. Materials Testrnr Earthwork / Trench Backfill: Compaction testing during subgrade preparation and fill placement in new Ramada, sidewalk, storage tank and other exterior improvement areas. Sampling and compaction testing of sub -floor and tank floor aggregate base. Sampling and compaction testing of bedding and backfill for new water and sewer lines. Includes geotechnical special inspections where required. Unit Rates Amount 40 Hours $ 44.00 $ 1,760.00 10 Trips 40.00 400.00 4 Standard Proctors 120.00 480.00 1 ABC Sieve and P.I. 70/70 140.00 Subtotal $ 2,780.00 Concrete: Sampling and compressive strength testing of concrete based on the assumed minimum testing frequency of one set of 4 cylinders for each 50 cu. yd. and at least one set for each day's placement (assume 10 sets). Unit Rates Amount 35 Hours $ 44.00 $ 1,540.00 10 Trips 40.00 400.00 40 Cylinders 15.00 600.00 Subtotal $ 2,540.00 Plagla 2 / RAMM Plroplosal No. F13116148 (Upcatad Appii126, 2CI1I: Adam Car. yon Traiaheaad Imprcaveaments — Bountain Hills, AZ Asplifilt Concirfda Bavemenll: Sampl:ling arc ccmiFlaction tasling of subgradea, aggregartea basei anc asphalt cionevel e m al eiiiial s in naw pavemant areas. Uniii Rai es Amount 20 Hours 3 44.00 3 880.00 5 'Drips 4(1.00 200.00 Asphall Riaa Density)l 13C1/i140 270.(10 Bxtracit:i cin/Giiadation Subtotal $ 1,350.(10 MATERIALS TESTING IOTAII: 11 (;670 00 The above est:imiaatea will remain ,, alae all leaast Through thea end of OcVcab w =11, 20117. Flea includes iieplorls cf all teasel rasults, biansllcrlallion, clerical and postage. Wlea look fomarc to working with you c n this projeact. Reaijacl full y st it m itll ed, RI CXER ON, MCBEH, MORMAN & A SSOCIA TES, INC . avid omas, F.E. Manager, C canstrucation F hase Searvieeis Mat April 27, 2017 Mr. Jeff Engelmann J2 Engineering and Environmental Design 4649 East Cotton Gin Loop, Suite B2 Phoenix, AZ 85040 Re: Fountain Hills Ramada Post -Design Services Jeff, This scope and fee proposal has been compiled atyour request to provide post -design services for the Fountain Hills Ramada construction. Below is a list of our assumptions used in developing the estimate for this update: Assumptions: 1. Construction duration is 9 months 2. All meetings will be onsite or in Fountain Hills. 3. The Town of Fountain Hills will provide the special inspection forms they would like us to use. 4. Redesign of the structures is not included. 5. Post -design services are limited to structures designed by Structural Grace. Meetings: One preconstruction meeting is included. - Two construction progress meetings or field meetings are included. Three special inspections are included. - One final walk through meeting is included. Deliverables: — Review of shop drawings (4 sheets, 2 reviews per sheet) — Addressed RFIs (5 max) — Completed Special Inspection forms, as required (3 anticipated) — As -built drawings (3 sheets) Proposed Fee: We propose to perform the above scope on a Time & Materials Basis for a fee not to exceed $10,582. Structural Grace will not perform work beyond this scope and fee without written approval from the Town. This quote is valid for 6 months from date of proposal. Thank you for the opportunity to work with you and your project team. Please feel free to contact me if you need any additional information. Sincerely, Structural Grace, Inc. y P./" Nathan J. Palmer, PE Project Manager 808 N. First Street 1430 E. FL Lowell Rd, Suite 200 Phoenix, Arizona 85004 Tucson, Arizona 85719 (602) 437-2551 (520) 32"156 Fax(602)437-7244 F.(520)320-0157 ..strucwral8race.cam 22-4-e A—'r-4 = iGmQue e�o%uLabx Contract No. C2017-007.2 SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND J2 ENGINEERING & ENVIRONMENTAL DESIGN, L.L.C. THIS SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this "Second Amendment") is entered into as of May 18, 2017, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town"), and J2 Engineering & Environmental Design, L.L.C., an Arizona limited liability company (the "Consultant"). RECITALS A. The Town and the Consultant entered into a Professional Services Agreement, dated June 2, 2016, as amended by that First Amendment, dated April 6, 2017 (collectively, the "Agreement"), for the Consultant to provide the Town with bid documents for the Adero Canyon Trailhead. All capitalized terms not otherwise defined in this Second Amendment have the same meanings as contained in the Agreement. B. The Town has determined that post design and construction observation services are necessary in connection with the Agreement (the "Additional Services"). C. The Town and the Consultant desire to amend the Agreement to (i) extend the term of the Agreement, (ii) modify the Scope of Work to include the Additional Services and (iii) provide for the increase in compensation to the Consultant for the Additional Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Consultant hereby agree as follows: 1. Term of Agreement. The term of the Agreement is hereby extended through May 17, 2018. 2. Scope of Work. Consultant shall provide the Additional Services as set forth in the Additional Scope of Work, attached hereto as Exhibit 1 and incorporated herein by reference. 3. Compensation. The Town shall increase the compensation to Consultant by $139,159.00 for the Additional Services at the rates as set forth in the Additional Fee Proposal, attached hereto as part of Exhibit 1, resulting in an increase of the aggregate not -to -exceed compensation from $144,560.00 to $283,719.00. 2954487.1 4. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the Agreement shall remain in full force and effect. 5. Non -Default. By executing this Second Amendment, the Consultant affirmatively asserts that (i) the Town is not currently in default, nor has been in default at any time prior to this Second Amendment, under any of the terms or conditions of the Agreement and (ii) any and all claims, known and unknown, relating to the Agreement and existing on or before the date of this Second Amendment are forever waived. 6. Conflict of Interest. This Second Amendment and the Agreement may be canceled by the Town pursuant to ARiz. REv. STAT. § 38-511. [SIGNATURES ON FOLLOWING PAGES] 2954487.1 2 IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date and year first set forth above. "Town" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Grady E. Miller, Town Manager ATTEST: Bevelyn J. Bender, Town Clerk (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On , 2017, before me personally appeared Grady E. Miller, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed the above document, on behalf of the Town of Fountain Hills. Notary Public (Affix notary seal here) [SIGNATURES CONTINUE ON FOLLOWING PAGE] 2954487.1 3 "Consultant" J2 ENGINEERING & ENVIRONMENTAL DESIGN, L.L.C., an Arizona limited liability company Name: S2'� [pugt�rYlDLnYt (X '.'Cslcltrl}' (ACKNOWLEDGMENT) STATE OF ARIZONA ) ss. COUNTY OF MARICOPA ) On ("IRA{ 4 , 2017, before me personally appeared -' er5t lrVLA-n✓t ,the V I Cc -pre sI deny of J2 ENGINEERING & ENVIRONMENTAL DESIGN, L.L.C., an Arizona limited liability company, whose identity was proven to me on the basis of satisfactory evidence to be the person who he/she claims to be, and acknowledged that he/she signed the above document on behalf of the limited liability company, (Affix notary scat here) KARLA R HUNT NOTARY PUBLIC STATE OF ARI20NA MARICOPA COUNTY MY COMMISSION EXPIRES JANUARY 25. 2020 2959487.1 6 Notary Public EXHIBIT 1 TO SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND J2 ENGINEERING & ENVIRONMENTAL DESIGN, L.L.C. [Additional Scope of Work and Fee Proposal] See following pages. 2954487.1 ®f ...a.o�....aa e.aa.. MaY Ol, 2017 Rachael Goodwin, CPRP, CFEA Interim Director Town of Fountain Hills 16705 E. Avenue of the Fountains Fountain Hilis, AZ 55268 R¢: Adero Canyon Trailhead Post Design and Construction Observations Dear Ms. Goodwin: J2 Engineering and Environmental Design, LLC (l2) is pleased to submit the attached scope of services (Exhibit A), man-hour estimate and fees for professional services regarding the subject. project. The proposal is based on our recent discussions with you and Mr. Paul Mood regarding this project, what efforts the Town would provide and what efforts J2 and/or the J2 Team would provide to the Town during the construction of the Adero Canyon Trailhead. Our T¢am includes the following subconsultanis: 1. Wright Engineering for Elec[rical Review of Shop Drawings and Site Visits for Elec[rlcal Ihstallations 2 Orcutt Winslow Partnership for Architecture Shop Drawings and Special Inspections for Restroom Construction 3. RAMM for Geotechnical Engineering Materials Testing 4. Structural Grace —Special Inspections for Ramada Construction The construction observation tasks will initiate once the Town authorizes these efforts following contract award to the selected Contractor. Fee Summary to b¢ billed on a Time and Materials basis with a not to exceed amount is: J2 Engineering and Environmental Design, LLC $302,212.00 Wright Engineering -Electrical Engineering $ 3,750.00 O rcutt Winslow Partnership—Architec[u re $ 5,945.00 RAMM -Geotechnical Engineering $ 6,670.00 Structural Grace -Structural Engineering $ 10,582.00 Allowance for Any Unforeseen Post Design Efforts 5 10.000.00 Total Post Design Effort: $139,159.00 Sincerely, J2 Engineeringantl Environmental Design, LLC Jeff Engelmann, RLA Vice President 4649 E. Cotton Gin Loop, Suite B2 Phoenix, AZ 85040 voice 602.438:2229 fax 602.438.2225 yaTPIN 9� 4��f Exhibit A Scope of Services Project Title: Adaro Canyon Trailitead Post Design Post Daslgn Services Description: J2 will provide the following Post Design Services on a Time and Materials basis: Pra-Construction Maeting J2 will have the foilowirtg repr¢sentattves from our Team present at this pre -construction meeting. The Protect Manager, Clvll Engln¢er and Landscape Architect, and our Teams ArahFtact and Electrical Engineer will Anand the pre -construction meeting to present a project overview to the attendees. I[ is assumed that the Contractor will run Tha pre -construction meeting and provide all required construction schedules, agendas, attendance logs, and meeting minutes. Tha meeting is anticipatetl to ba Flve (5) hours in duration total including field trip to the site with the Team. Requests for information (RFI) and Architects Supplemental Instructions (ASI) o The J2 Team (J2, Architecture, Electrical Engineer, and Structural Engineer) will respond to all requests for information (RFI) or any Architects Supplemental Instructions with written directives, plans and/or details as nestled to convey the information requested. Once complete, J2 will prepare and distribute the RFI documents to the Town and Contractor. Shop Drawings o The J2 Team (J2, Architecture, Electrical Engineer, and Structural Engineer) will review all Contractor submitted shop drawing and product submittals. Once complete, J2 will prepare and distribute the shop drawing and submittal review documents to the Town and Contractor. It is assumed that each submittal/shop drawing will have no more than two (2) reviews for each submittal package. This equates to an initial review of the submittal/shop drawing and a second review after any requested corrections or updates have been made. We era anticipating, at a minimum, the Contractor submittals to Include: site civil engineering submittals — pavement mix designs, InfrestruMura materials (pipe, _ pipe ftttings, pipe restraints, manholes, water valves, backflow prevention) other civil engineering elements and features submitted for review by Contractor irrigation equipment (valvas, controller, pipe) decomposedgranite materials plant mafartals and associated items erosion control materials hardscapa associated elements site furnishings and siTeamenitias gate shop drawings gabion wall materials review of mock up panels for hardscapa (schatlul¢tl antl coordinated with other site visits) Architectural and Building Submittals to Team Arohifect Electrical Submittals to Team Electrical Ehginear Structural Submittals fior Ramada to Team Structural Engineer PraParetl for Town of Fountain Hills 2 Of 5. J2 En9lnaatln9 8 Envlronman[al Design M:\Propesale\Town o/ Founvin elanva Pn Hlllc\3016\Trell Haotl Reml<2ot6\Smpa antl Faa\Pnet Od et OnNpn OG-Ot-1 T.Cno� �..`�' �� �.® J2 will maintain a file management system for tlocumen[ing the reviews and responses for the landscape antl irrigation elements, planting and irrigation shop drawings, and landscape and Irrigation material submittals. Construction Progress Matings o J2 will attend was Klv construction progress meetings at the site for coordination this woultl be basad upon a Town agreetl upon Iimitto construction. J2 estimates that the construction of the trailh¢atl shoultl to Ka no more than nine (9) months or 39 w¢eks. J2 would hav¢ at a minimum one (t) staff member at each weekly meeting and at times tluring construction it is estimated that wa coultl have a maximum of three (3) representatives aY no more than six (5) weakly meetings to address different aspaMs of the project. Each meeting is anticipated to ba three (3) hours in duration total. o J2 would ask our Team sub -consultants to provide the following: Architecture Sp¢cial Inspections of Restroom Building. Minimum of Three (3) Inspections/Sita Ffeltl Visits antl ettantlance at three (3) construction progress meetings for a total of six (6) site visits. Structural Spacial Inspections for Ramada Structure: Minimum of Thr¢e (3) Inspactiohs/Sit¢ Field Visits and attentlance aEtwo (2) construction progress meetings for a total of five (5) site visits. Electrical Inspections for Lighting and Electrical Controls. Minimum of Threes (3) Inspections/Site Fieitl Visits and attendance at three (3) construction progress meetings for a total of six �(6) site visits. o Pre -Final Walkthrough with J2 antl T¢am (Archltacta, Structural, Elactrlcal). J2 would have at a minimum three (3) staff member at this pre -final walkthroug M1; our Ptojact Manager, Project Engineer, Project Landscape Architect and raprasantatives from our Team for Electrical and Building Architect. This meeting is anticipated to ba six (6) hours in duration inclutling development of the punch list. J2's Project Manager will develop the pre -final punch lists and then meet wish the Town and the Contractor to review the comments and tletermine a resolution to each comment. o Final Walkthrou9h with J2 and Taam (Archit¢cts, Structural, Electrical) J2 would have at a minimum three (3) staff member at this final walkthrough; our ProjaM Manager, Project Engineer, PmjecY Landscape Architect and representatives from our Team for Electrical end Building Architect. This meatin9 Is anticipat¢d to be three (3) hours in duration. J2's Profact Manager will compile any remaining items and then meet with the Town and the Contractor to review any remaining open comments and determine a resolution to ¢ach comment so that the project can be acceptetl. o Establish an Allowance for Any Unforeseen and Unanticipated Post D¢s19n Efforts. J2 has established a $5,000.00 allowance for any unforeseen or unanticipated requirements due to circumstances beyond iha control of the Town or J2. . As -Built Plans o J2 will review Contractor provitled field as -built plans and operations and maintenance manuals associated with YM1a civil, lantlscapa antl Irrigation portions of this project. Wa would ask the Architect, Structural and Electrical Team members to be responsible for their respective sheets and provitle feetlback to the Contractor regarding any project operation manual deficiencies or to help clarify any Contractor as-builts. This data will ba used to complete the electronic as -built plan sat that J2 will submit to the Town. m:wmaore..di.TwnT vwnm�n Hun:rz®o mTirein Hexa aemm sote�6�3 Of 5 J2 En9inaerin9 &Environmental Oasi9n pe cna Fee\Pml DeegnW2 Pwe neyOn 0641-11:ae¢o `��`.n y� z � P£ Tha redline plans provided to J2 will be the set developed and maintained by the Contractor during construction. Those plans shall be legible, neat, and orderly. This scope does not include any efforts by J2.to investigate missing information or unclear notations on the provided plans. J2 will provide ono (1) initial review of the Contractor provided as -built plans and operation and maintenance (08.M) manuals. J2 will comment on both the as-builts and O&M manuals and provide written comments back to The Contractor for revisions. J2 will provide ono <t) final review of es-builts and OS,M manuals to verify if all de£ciencias noted in thainitial review have bean adequately addressed. J2 will then process this clean sat of redline plans and will develop CAD based (AutoCAD 2Ot4) electronic as-builts for return to the Town for [hair records. J2 will provide as-builts of the following design plans: On-SI[e Civil Cwatar line, sewer line, pavement). Landscape Ircigation (On-site facilities) Planting Design J2 Team ArchitacY —All Building As-Builts J2 Team Electrical Engineer—All Electrical As-Builts J2 Team Structural Engineer —All Ramada As-Builts Design Assumptions, Exc¢ptions, and Exclusions; t. This scope of services does not include providing legal descriptions or exhibits for providing any naw easements, datlications, or rights of ways establishment. '2. The Design Team has not inclutlad any re -platting or rezoning efforts in this scope of garvices. 3. The Design Team is not providing any environmental or biological monitoring during construction. 4. Tha Design Team is not providing any permitting fees For this project. 5. Utility potholing and/or designating utilities has not b¢¢n includetl in this scope of services. It is assumed that the Contractor will be responsible for all potholing and underground utility Investigation. 6: No public involvement has been Included with this scope. of services. 7. Tha Destgn Team is not providing any erosion control or SWPPP inspections as these eoultl occur on a dally basis dependant upon weather and is typically best handled by on site personnel. 8. J2 is not monitoring any Contractor dust palliative or tlust control ac[tvities as this would ba a daily occurrence best handled by the Town. 9. J2 is not providing review of any Contractor close out documentation such as warranties, owner's manuals, etc. 10. J2 is not preparing any meeting agendas or minutes for any construction meetings. 11. J2 is not providing any review of Contractor prepared traffic control plans. 12. The Design Team is not reviewing or approving any Contractor pay requests, nor providing any field measurements of actual work installed. 13. Tha J2 Design Team is not providing any percolation tasting 14. The Town has intlicatad that the Town staff would be responsible for providing the following post tlesign test and or inspections: a. MAG 440 Irrigation Pressure Tast Site Visit b. MAG 611 Water Lina antl Sawar Lina Pressure Test c. Check Blue Tops and Contractor Sat String Gratle of Aggregate Base d. Check Blue Tops and Contractor Sat String Gratia of Asphalt Paving e. Flood Test Inspection of Asphalt Parking Area f. Nursery Trea/Shrub Tagging 15. Tha attached scopes of work from our Teams Architecq Electrical Engineer and Structural Engineer mor¢ clearly deflna each of their respective construction observation efforts. PrePrworatl for Town of Fountain Hills 4 Of 5 J2 Engine®ring S Envlronmantel Das19n m.v am.�rew.,«re��x.m Hmm�ma�n.na..ew,m. ao�e�s�,a.,.a ramvo.r Paaewzre.�oeaar oo-m-fzma. ,.r>r gam. 7 16. J2 has included initial materials testing for the irailhead (sea RAMM Geotechnical Scope). Any r¢[asting required du¢ to a failure of the test would be a cost and effort born by the Contractor as specified. 17. This scope is saY up on a Time and Materials basis for all ❑isctplihes and the Town will only be billed for time spent by the J2 Team in response to the efforts outlin¢d in this, and the attachetl sub -consultants scope of services. No additional time beyond these limits will be ufilizad by [ha J2 Team unless authorized in advent¢ by the Town. PraParatlafor Town of Fountalna\Tlmin Hese nemu�2oiawee«egne P«wenbevipn�a Pwa oLaien asAi-o: emEn9lnaarin9 &Envimnman[al Oeal9n DERIVATION OF COST PROPOSAL: DESIGN SERVICES TASK B POST DESIGN Adagio Canyon Tra ilhead Post Design Town of Fountain Hills ✓2 Engineering and Environments/ Design, LLC Eatlmatatl direct labor antl rates Glasalflcatlon Eatimatatl Man Current Rates Total Total Hours 852 Total Direct Labor $37,894.00 Total Estimated Labor: $37 o�arnaaa c3 tas.zt i of Direct Labor $55 Total Estimatetl Labor and Ovarhaatl: Eatlmafatl Direct Expans¢s Estimatetl Ex ensea Total :ing, Reprotluctlon, ^ographics Supplies Etc. "Included in Ovarbaatl � $0.00 Total Diroet Expenses Subconaultants: Design IM1T Engineering -Electrical Engineering 9 �tt Winslow Partnership - Amhitectura 9 IMM -Geotechnical Engineering 9 otumi Grece - Struc[uml Engineering $� vanca for Any Unforeseen Site Inspections $t Total Eatimatatl Outside Services: Total Estimated Cosi J2 antl Subconsultant Fixetl Fee at 20� Engineering and Environmental Design LLC Data sn/zoty Danvanon -Design � total Eanmataa coat: Fee Schedule 5/1/2017 J2 Engineering and Environmental Design, LLC Project Project Task Design Project Designer. Number Task: Manager Engineer- Engineer Landscape I Sr Administrative Total Senior Architect TasK 200 Post Design T Pre -Construction Meeting 5 5 5 4 19 Requests for Information (RFI) and Architects Supplemental Instructions (ASI) 16 24 1240 4 96 Shop Drawing Reviews 16 16 16 32 8 88 Construction Progress Weekly Meetings (39 Weeks) 156 78 78 78 390 Pre -Final Walkthrough 24 12 24 12 8 80 FinalWalkthrough 16 8 16 4 44 As -Built Plans 4 8 20 40 @1 2 134 0 Grand Total Design: 9 236 163 191 144 108 851 Man Hours J2 Fee Estimate Post Design 05-01-17,As \\\WRrI G HT 'Qdditiona/ Service Agreement /Ho161-ooz engineenng corporation ELECTRICAL ENGINEERING 6 LIGHTING �E81GN April 26, 20'17 J2 Engineering &Environmental Design 4649 East Cotton Gin Loop Suite B2 Phoenix, AZ 85040 Re: Adero Canyon Trailhead Construction Services — WEC Project#'16'I ti'I-002 Attn: Jeff Engelmann Contract amendment for Wright Engineering Corp. to complete additional services listed below: 1. Attend (1) one Pre -construction meeting. 2. Review all electrical equipment submittal packages for conformance to contract documents and provide written itemized submittal review and response letter. 3. Review all RFPs and provide written itemized review and response letter, and issue ASI's as required. 4. Attend construction progress meetings as required. (Up to 3) 5. Visit the site for up to (2) two inspections (pre -final and final) of the electrical installation and prepare an inspection report. 6. Prepare Record Drawings of the electrical installation based on inspection information as well as contractor's marked up electrical plans. Type of Billing: Billed hourly at contract rates not to exceed: $3,750.00 (Three Thousand Seven Hundred Fifty Dollars) Wright Englneering, Corp. J2 Deslgn Signature: By: R. Scott Wright, P. Title: President Data: September 8, 20'16 Signature: Title: 165 EAST CHILTON - CHANDLER, ARIZONA 85225 OFFICE: 4H0-497-5829 FAX: 480-4975807 www.wrightanginearing.us orcutt�winslow September 13, 2016, R¢Ws¢tl September 14, 2016 Mr. Jeff Hngelmann J2 Engineering and Enyironmenml Design 4649 Hast Catton Gin Loop Phoenix, Arizona 85040 Re: Architectural Consulting Services Adero Canyon Trailh¢atl Post Design Orcutt 1 Winslow Protect No. 2016_135-01 Dear JefF, Our proposed scope of Construction Adminlstratl0n services is as follows stype of services 1. Pre -Construction meetlng 2. Shop Drawing Raview(s) of building components 3. tssuanca of ASis. PRS, and responding to RPts 4. Attend up [0 3 Constructlon progr¢ss m¢etings s. special structural Inspectlons of reinforcing (allowing for 3 total] 6. substantial completion Inspection and tlocumenta8on of corrections/compietlons. 7. Pinel lnspactlon 8. Compilatlon of ^record" drawings from informat[on provided by Con[racmr 9. Review of all close-out documentation, warrantles, etc. Pro(asstonal Foos Architectural Services shall ba proyltletl as follows: Constructlpn Administratl0n to be billed at our $145 Universal Hourly Rate Nox-to-Exceetl $5,945 Pleas¢ Feel free to call If you have any questions or need further information In r¢gards [o this Proposal. Sincerely. Neil Terry, Pattn¢r Accepted by: Name and Title DaM 3003 n can[fal ave ®Ixtaantn floOf pM1oanix az 8SOt2 02 2 064 [ PFi0EN1X MVMBAI SAN DIEGO 602257902af n nclu ieciu qE n�graNirvn irvicnlola oesinry www. wp.com KICKER • ATKINSON • McBEE • MORMAN 8a ASSOCIATES, INC. Geotechnical Engineering • Coxs<ruction Materials Testing nn � ' 2105 South Hardy Drive, Suite 13, Tempe, AZ 85282 R'n � 1 VI � NI Telephone (480) 921-8100 � Facsimile (480) 921-4081 J2 Engineering and Environmental Design, LLC September 13, 2016 4649 East Cotton Oin Loop, Suite B2 (Updated April 26, 2017) Phoenix, Arizona 85040 Attn: Jeff Engelmann, KLA, ASLA Re: Adero Canyon Trailhead Improvements RAMM Proposal No. PT16748 Fountain Hills, Arizona Ricker, Atkinson, McBee, Morman �. Associates, Inc. is pleased to submit this proposal to conduct Materials Testing Services for the above -referenced project. The following scope of work and estimated fee are based on our experience with similar projects, a review of the project plans provided, information provided to this firm by J2 Engineering, and a review of the soils and seismic reports prepared by this firm for the project. Charges will be based only oa actual time spent and testing performed to provide the services required. On this project there will be no minimum charge per trip and no overtime premium £or weekday work. Me:[erinls Testlna Earthwork / Trench Backfill: Compaction testing during subgrade preparation and fill placement in new Ramada, sidewalk, storage tank and other exterior improvement areas. Sampling and compaction testing o£ sub -floor and tank floor aggregate base. Sampling and compaction testing of bedding and back£11 for new water and sewer lines. Includes geotechnical special inspections where required. Unit Rates Amount 40 Hours $ 44.00 $ 1,760.00 10 Trips 40.00 400.00 4 Standard Proctors 120.00 480.00 1 ABC Sieve and P.I. 70/70 140.00 Subtotal $ 2,780.00 Concrete: Sampling and compressive strength testing of concrete based on the assumed minimum testing frequency of one set of 4 cylinders for each 50 cu. yd. and at least one set £or each dav's placement (assume 1 O sets). Unit Rates Amount 35 Hours $ 44.00 $ 1,540.00 10 Trips 40.00 400.00 40 Cylinders 15.00 600.00 Subtotal $ 2,540.00 Page 2 / RAMM Proposal No. PT16748 (iTpdated April 26, 2017) Adero Canyon Trailhead Improvements —Fountain Hills, AZ Asphalt Concrete Pavement: Sampling and compaction testing of subgrade, aggregate base and asphalt concrete materials in new pavement areas. Unit Rates Amount 20 Hours $ 44.00 $ 880.00 5 Trips 40.00 200.00 I Asphalt Rice Density/ 130/140 270.00 Extraction/Gradation Subtotal $ 1350.00 MATERIALS TESTING TOTAL: $ 6,670.00 The above estimate will remain valid at least through the end of October 31, 2017. Fee includes reports of all test results, transportation, clerical and postage. We look forward to working with you on this project. Respectfully submitted, RICKER ON, MCBEE, MORMAN � ASSOCIATES, INC. avid omas, P.E. Manager, Construction Phase Services /dat sf ..a�-, <.��.� s ,� Apri12], 20l] Mr. Jeff Engelmann J2 Engineering and Environmental Design 4649 East Corton Gin Loop, Suite 62 Phoenix, AZ 85040 Re: Fountain Hi//s RamaAa Post -Design Services Jeff, This scope and fee proposal has been compiled at your request to provide post -design services for the Fountain Hills Ramada construction. Below is a lis[ of our assumptions used in developing the estimate for this update: Assumptions: 1. Construction duration is 9 months 2. All me¢tings will be onsite or in Fountain Hills. 3. The Town of Fountain Hills will provide the special Inspection forms they would like us to use. 4. Redesign of the structures is not included. 5. Post -design services are limited to structures designed by Structural Grace. M¢¢tings: - One preconstruction meeting is included. - Two construction progress meetings or field meetings are included. - Three special inspections are included. - One final walk through meeting is included. U¢liverabl¢s: — Review of shop drawings (4 sheets, 2 reviews per sheeU — Addressed RFIs (5 max) — Completed Special Inspection forms, as required (3 anticipated) — As -built drawings (3 sheets) Proposed Fee: We propose to perform the above scope on a Time ✓L Materials Basis for a fee not to exceed $10,582. Structural Grace will not perform work beyond this scope and fee without written approval from the Town. This quote is valid for 6 months from date of proposal. Thank you for the opportunity to work with you and your project team. Please feel free to contact me if you need any additional information. Sincerely, Structural Grace, Inc. Nathan J. Palmer, PE Project Manager 808 N. Fisc SO¢e[ 1430 E FG Lowell Rtl, Suit¢ 200 Phoenix, Aelzona 85004 Tuoon� Arizona 85719 (602) 437-2551 (520) 320-0156 Fax (6021 43 7-72 44 Fax 15 3 01 3 2 0-01 5 2 www.structuralgrace.com u � ��>ne�,r = zc p�® �� ago„ (0"- AIN �T� �vra 0 �flltz it � CoQ Meeting Date: 51312017 Agenda Type: Consent TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Public Works Staff Contact Information: Justin T. Weldy, Street Interim Public Works Director, jweldy@fh.az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of Consideration of approving the lst amendment to Cooperative Purchasing Agreement 02017-044 with Pipe Line Video Inspections LLC for storm drain pipe and structure cleaning, television services and storm drain pipe repair in the amount not to exceed $10,000.00 Applicant: Applicant Contact Information: Owner: Owner Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: Staff Summary (background): The Town conducts periodic inspections of its storm drain system which consists of 407 catch basins and over 73,000 linear feet of storm drains and culverts. Staff checks for proper drainage and overall condition of the system. Staff also receives notifications from residents and property management companies when they see issues regarding Town -owned storm drain infrastructure. Since the Town does not have the equipment capable of cleaning and televising the storm drain system we need to contract with a company that can provide these types of services. Pipe Line Video Inspections, LLC which has a cooperative purchasing contract with the City of Mesa will be contracted to clean storm drain pipes and catch basins that have become full of debris and silt. They will also use video cameras to film the condition of the pipes so staff can assess the need for repairs. The proposed amendment is for an amount not to exceed $10,000.00 Risk Analysis (options or alternatives with implications): The Town's storm drain pipes, catch basins and other related storm drain infrastructure become filled with silt and debris after storm events. Gone unaddressed they become clogged and will not convey storm water properly. This can cause localized flooding in areas which includes nearby residential homes and businesses during and after major storm events. Fiscal Impact (initial and ongoing costs; budget status): $10,000.00 ------- $60,000.00 the aggregate not -to - exceed compensation for the entire Term, is $240,000.00 Budget Reference (page number): 306 PG.306 Funding Source: Environmental Fund If Multiple Funds utilized, list here. Budgeted; if No, attach Budget Adjustment Form: NA Page 1 of 2 Recommendation(s) by Board(s) or Commission(s): Staff Recommendation(s): Staff recommends approval of the list amendment to cooperative purchasing agreement C2017-044-1 List Attachment(s): First Amendment to the Cooperative Purchasing Agreement SUGGESTED MOTION (for Councld use): Staff recommends approval of the 1st amendment to cooperative purchasing agreement C2017-044-1 PW2of2 FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND PIPELINE VIDEO INSPECTION L.L.C. THIS FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT (this "First Amendment") is entered into as of May 18, 2017, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town"), and Pipeline Video Inspection L.L.C., an Arizona limited liability company (the "Contractor"). RECITALS A. After a competitive procurement process, the City of Mesa, Arizona ("Mesa") entered into Contract No. 2015272, dated September 1, 2015, as amended by Amendment Number 1 on August 17, 2016, with the Contractor for the Contractor to provide vactor services (collectively, the "Mesa Contract"). B. The Town and the Contractor entered into a Cooperative Purchasing Agreement, dated September 15, 2016 (the "Agreement"), based upon the Mesa Contract, for the Contractor to provide the Town with vactor services (the "Services"). All capitalized terms not otherwise defined in this First Amendment have the same meanings as contained in the Agreement. C. The Town has determined that additional Services by the Contractor are necessary (the "Additional Services"). D. The Town and the Contractor desire to enter into this First Amendment to provide for the increase in compensation to the Contractor for the Additional Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree as follows: 1. Compensation. The Town shall increase the compensation to Contractor by not more than $10,000.00 for the Additional Services at the rates set forth in the Mesa Contract, for the Initial Term and each Renewal Term, if any, (i) increasing the annual not -to -exceed amount from $50,000.00 to $60,000.00 and (ii) increasing the aggregate not -to -exceed compensation for the entire Term, from $200,000.00 to $240,000.00. 2953808.1 2. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the Agreement shall remain in full force and effect. 3. Non -Default. By executing this First Amendment, the Contractor affirmatively asserts that (i) the Town is not currently in default, nor has been in default at any time prior to this First Amendment, under any of the terms or conditions of the Agreement and (ii) any and all claims, known and unknown, relating to the Agreement and existing on or before the date of this First Amendment are forever waived. 4. Conflict of Interest. This First Amendment and the Agreement may be canceled by the Town pursuant to ARiz. REv. STAT. § 38-511. [SIGNATURES ON FOLLOWING PAGES] 2953808.1 2 IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date and year first set forth above. "Town" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Grady E. Miller, Town Manager ATTEST: Bevelyn J. Bender, Town Clerk (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On , 2017, before me personally appeared Grady E. Miller, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed the above document, on behalf of the Town of Fountain Hills. Notary Public (Affix notary seal here) 2953808.1 "Conti actor" IiIPBLI F3 MIIIBO FNSFIFICIIION LI.L.C., an Arizona l imi tod Fi aibi lei ty acim pany By:J Names c S 3A k�tO Tithr (2J Fo (ACKNOWLEDGMENT) STATE OA ARIZONA ) ) s,i. COUNT -A OF MARIICORA ) On /tae., -0 -0i , :1017, beifoiie mei pemsonally appciauied aC-� c>,,, , thea EF e ofI 111I1I13LFN E `1IDIEO IN SFIECTICN L.L.C., an Arbiana limited liability aorr.pany, whose idantity was pnovan to me an thea basis afl sa t i sfacitory avidancie to be the person who ha/she claims lo bei, and acknow ledgod that he/sho ,signed 1he above document on behalf of the limited liability company. [IEN19II F1Al No�aly Pudliu - • Alritona 6G� Maaiccnia (launly F(*My (larrim. Exillins May 1, 2(Ixal Notary Public -- (Affix notary sea] herd; 2953808.1 4 �JAIN r+� TOWN OF FOUNTAIN HILLS z TOWN COUNCIL_ r 'pkat i8 AK"'o AGENDA ACTION FORM ` Meeting Date: 5118120/7 Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Public Works Staff Contact Information: Raymond Rees/rrees@fh.az.gov/480-816-5180 REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving CONTRACT 02018-002 with Continental Flooring for carpeting and tile for the Conununity Center and Town Hall in the amount of $170,000. Applicant: Applicant Contact Information: Owner:. Owner Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: Staff Summary (background): Staff is recommending that the carpeting in the Community Center and Town Hall be replaced as part of the facilities replacement program. Staff had a Capital Reserve Study conducted of Town assets and the carpeting in both of these facilities was noted to be at the end of their expected life span and scheduled for replacement. Some of the carpeting in the Community Center was replaced approximately 8 years ago but a good portion of the carpeting is 16 years old and is original to the building. The existing carpeting in the community center is no longer available so to keep continuity throughout the building, combined with the age of the carpeting, we are recommending that all the carpet be replaced in this building. All of the carpeting at Town Hall is original to the building which was completed in July of 2005. We will not be replacing the carpet in the main hall of the MCSO offices. This is a very high traffic area and we will be replacing it with a composite vinyl tile (VCT). VCT is more durable, easier to clean and will be more cost effective. Risk Analysis (options or alternatives with implications): Carpet will continue to deteriorate and become unsightly. Fiscal Impact (initial and ongoing costs; budget status): $170,000 Budget Reference (page number): 404 PG.404 Funding Source: Facilities Replacement Fund If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: Yes Recommendation(s) by Board(s) or Commission(s): Page 1 of 2 Staff Recommendation(s): Move to approve List Attachment(s): Contract C2018-002 SUGGESTED MOTION (for Counal use): Move to approve the consent agenda. Page 2 oft Contract No. C2018-002 COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND CONTINENTAL FLOORING COMPANY THIS COOPERATIVE PURCHASING AGREEMENT (this "Agreement") is entered into as of May 18, 2017, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town"), and Continental Flooring Company, an Arizona corporation (the "Contractor"). RECITALS A. After a competitive procurement process, the State of Arizona (the "State") entered into Contract No. ADSPO13-040451, dated February 1, 2013, as amended by Amendment No. 1, dated November 12 2013, Amendment No. 2, dated March 25, 2014, Change Order No. 5, dated August 25, 2014, Change Order No. 6, dated November 4, 2014, Change Order No. 8, dated November 6, 2015, and Change Order No. 19, dated January 31, 2017 (collectively, the "State Contract"), for the Contractor to provide commercial flooring products and services. A copy of the State Contract is attached hereto as Exhibit A and incorporated herein by reference, to the extent not inconsistent with this Agreement. B. The Town is permitted, pursuant to Section 3-3-27 of the Town Code, to make purchases under the State Contract, at its discretion and with the agreement of the awarded Contractor, and the State Contract permits its cooperative use by other public entities, including the Town. C. The Town and the Contractor desire to enter into this Agreement for the purpose of (i) acknowledging their cooperative contractual relationship under the State Contract and this Agreement, (ii) establishing the terms and conditions by which the Contractor may provide the Town with commercial flooring products and services, as more particularly set forth in Section 2 below on an "as -required" basis (the "Materials and Services") and (iii) setting the maximum aggregate amount to be expended pursuant to this Agreement related to the Materials and Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree as follows: 1. Term of Agreement. This Agreement shall be effective as of the date first set forth above and shall remain in full force and effect until January 30, 2018, unless terminated as otherwise provided in this Agreement or the State Contract. 2961261.1 2. Scope of Work. This is an indefinite quantity and indefinite delivery Agreement for Materials and Services under the terms and conditions of the State Contract. The Town does not guarantee any minimum or maximum number of purchases will be made pursuant to this Agreement. Purchases will only be made when the Town identifies a need and proper authorization and documentation have been approved. For purchase(s) determined by the Town to be appropriate for this Agreement, the Contractor shall provide the Materials and Services to the Town in such quantities and configurations agreed upon between the parties, in a written invoice, quote, work order or other form of written agreement describing the work to be completed (each, a "Work Order"). Each Work Order approved and accepted by the parties pursuant to this Agreement shall (i) contain a reference to this Agreement and the State Contract and (ii) be attached hereto as Exhibit B and incorporated herein by reference. Work Orders submitted without referencing this Agreement and the State Contract will be subject to rejection. 2.1 Inspection; Acceptance. All Materials and Services are subject to final inspection and acceptance by the Town. Materials failing to conform to the requirements of this Agreement and/or the State Contract will be held at Contractor's risk. If so returned, all costs are the responsibility of the Contractor. Upon discovery of non -conforming Materials or Services, the Town may elect to do any or all of the following by written notice to the Contractor: (i) waive the non-conformance; (ii) stop the work immediately; or (iii) bring Materials or Service into compliance and withhold the cost of same from any payments due to the Contractor. 2.2 Cancellation. The Town reserves the right to cancel Work Orders within a reasonable period of time after issuance. Should a Work Order be canceled, the Town agrees to reimburse the Contractor, but only for actual and documentable costs incurred by the Contractor due to and after issuance of the Work Order. The Town will not reimburse the Contractor for any costs incurred after receipt of Town notice of cancellation, or for lost profits, shipment of product prior to issuance of Work Order or for anything not expressly permitted pursuant to this Agreement. 3. Compensation. The Town shall pay Contractor an aggregate amount not to exceed $170,000.00 for the Materials and Services at the unit rates set forth in the State Contract. 4. Payments. The Town shall pay the Contractor monthly, based upon acceptance and delivery of Materials and/or Services performed and completed to date, and upon submission and approval of invoices. Each invoice shall (i) contain a reference to this Agreement and the State Contract and (ii) document and itemize all work completed to date. The invoice statement shall include a record of materials delivered, time expended and work performed in sufficient detail to justify payment. Additionally, invoices submitted without referencing this Agreement and the State Contract will be subject to rejection and may be returned. 5. Records and Audit Rights. To ensure that the Contractor and its subcontractors are complying with the warranty under Section 6 below, Contractor's and its subcontractors' books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any Contractor and its subcontractors' employees who perform any work or services pursuant to this Agreement (all of the foregoing hereinafter referred to as "Records"), shall be open to inspection and subject to 2961261.1 2 audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit (i) 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 Agreement and (ii) evaluation of the Contractor's and its subcontractors' compliance with the Arizona employer sanctions laws referenced in Section 6 below. To the extent necessary for the Town to audit Records as set forth in this Section, Contractor and its subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the Town shall have access to said Records, even if located at its subcontractors' facilities, from the effective date of this Agreement for the duration of the work and until three years after the date of final payment by the Town to Contractor pursuant to this Agreement. Contractor and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this Section. The Town shall give Contractor or its subcontractors reasonable advance notice of intended audits. Contractor shall require its subcontractors to comply with the provisions of this Section by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 6. E -verify Requirements. To the extent applicable under ARIZ. REv. STAT. § 41- 4401, the Contractor and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E -verify requirements under ARiz. REv. STAT. § 23-214(A). Contractor's or its subcontractors' failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. 7. Israel. Contractor certifies that it is not currently engaged in, and agrees for the duration of this Agreement that it will not engage in a "boycott," as that term is defined in ARiz. REv. STAT. § 35-393, of Israel. 8. Conflict of Interest. This Agreement may be canceled by the Town pursuant to ARiz. REv. STAT. § 38-511. 9. Applicable Law; Venue. This Agreement shall be governed by the laws of the State of Arizona and a suit pertaining to this Agreement may be brought only in courts in Maricopa County, Arizona. 10. Agreement Subject to Appropriation. The Town is obligated only to pay its obligations set forth in this Agreement as may lawfully be made from funds appropriated and budgeted for that purpose during the Town's then current fiscal year. The Town's obligations under this Agreement are current expenses subject to the "budget law" and the unfettered legislative discretion of the Town concerning budgeted purposes and appropriation of funds. Should the Town elect not to appropriate and budget funds to pay its Agreement obligations, this Agreement shall be deemed terminated at the end of the then -current fiscal year term for which such funds were appropriated and budgeted for such purpose and the Town shall be relieved of any subsequent 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 2961261.1 3 set forth in this Agreement in any budget in any fiscal year other than the fiscal year in which this Agreement is executed and delivered. The Town shall be the sole judge and authority in determining the availability of funds for its obligations under this Agreement. The Town shall keep Contractor informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is not a general obligation or indebtedness of the Town. Contractor hereby waives any and all rights to bring any claim against the Town from or relating in any way to the Town's termination of this Agreement pursuant to this section. 11. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, any Town -approved work orders, the State Contract and invoices, the documents shall govern in the order listed herein. Notwithstanding the foregoing, and in conformity with Section 2 above, unauthorized exceptions, conditions, limitations or provisions in conflict with the terms of this Agreement or the State Contract (collectively, the "Unauthorized Conditions"), other than the Town's project -specific requirements, are expressly declared void and shall be of no force and effect. Acceptance by the Town of any work order or invoice containing any such Unauthorized Conditions or failure to demand full compliance with the terms and conditions set forth in this Agreement or under the State Contract shall not alter such terms and conditions or relieve Contractor from, nor be construed or deemed a waiver of, its requirements and obligations in the performance of this Agreement. 12. Rights and Privileges. To the extent provided under the State Contract, the Town shall be afforded all of the rights and privileges afforded to the State and shall be the "State" (as defined in the State Contract) for the purposes of the portions of the State Contract that are incorporated herein by reference. 13. Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 12 above, the Town shall be afforded all of the insurance coverage and indemnifications afforded to the State to the extent provided under the State Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the Town under this Agreement including, but not limited to, the Contractor's obligation to provide the indemnification and insurance. In any event, the Contractor shall indemnify, defend and hold harmless the Town and each council member, officer, employee or agent thereof (the Town and any such person being herein called an "Indemnified Parry"), 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 Parry may become subject, under any theory of liability whatsoever ("Claims"), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the Contractor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement. 14. Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail, 2961261.1 4 registered or certified, return receipt requested, to the address set forth below or (iii) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Grady E. Miller, Town Manager With copy to: GUST ROSENFELD P.L.C. One East Washington Street, Suite 1600 Phoenix, Arizona 85004-2553 Attn: Andrew J. McGuire If to Contractor: Continental Flooring Company 9319 North 94th Way, Suite 1000 Scottsdale, Arizona 85258 Attn: Laura Kuligowska or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received (i) when delivered to the party, (ii) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (iii) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party's counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a parry shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. [SIGNATURES ON FOLLOWING PAGES] 2961261.1 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. "Town" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Grady E. Miller, Town Manager ATTEST: Bevelyn J. Bender, Town Clerk (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On , 2017, before me personally appeared Grady E. Miller, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed the above document, on behalf of the Town of Fountain Hills. Notary Public (Affix notary seal here) [SIGNATURES CONTINUE ON FOLLOWING PAGE] 2961261.1 6 "Contractor" CONTINENTAL FLOORING COMPANY, an Arizona co ration By; Name: Christopher L. Coleman Title:. President (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On Christopher L. Coleman 2017, before me personally appeared Christopher L. Coleman -,the President of CONTINENTAL FLOORING COMPANY, an Arizona corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he/she claims to be, and acknowledged that he/she signed the above document on behalf of the corporation. Notary P . F::��S (Affix notary seal here) TRACY d(3HN5C]N otaryPublic - ArizonaMaricopa County@MYGN mm. Expires Hoer 25, 2019 2961261.1 7 EXHIBIT A TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND CONTINENTAL FLOORING COMPANY [State Contract] See following pages. 2961261.1 Commercial Flooring Products and Services 1. In accordance with the Special Terms and Conditions, Paragraphs 2 and 3, Contract Term / Extension, the Contract's term is hereby extended for one (1) year from January 3191, 2017 to January 30th, 2018. The extension of this contract includes price changes per the document "Continental Flooring Proposed contract price Changes - Revision 2 (002)" ALL OTHER REQUIREMENTS, SPECIFICATIONS, TERMS AND CONDITIONS REMAIN UNCHANGED. Christopher L Coleman t 2-1-1 ? President THIS CHANGE ORDER WAS PROCESSED AS A BILATERAL CHANGE ORDER. ALL CONTRACT SPECIFICATIONS, TERMS AND CONDITIONS, AND REQUIREMENTS REMAIN UNCHANGED. THIS DOCUMENT IS FOR INFORMATIONAL PURPOSES. Contract Change Order State of Arizona 6 Summary/Amendment State Procurement Office 100 N. 15TH Avenue, Suite 201 Contract No.: ADSP013-040451 Phoenix, AZ 85007 Change Order No.: 19 Date: January 31, 2017 Commercial Flooring Products and Services 1. In accordance with the Special Terms and Conditions, Paragraphs 2 and 3, Contract Term / Extension, the Contract's term is hereby extended for one (1) year from January 3191, 2017 to January 30th, 2018. The extension of this contract includes price changes per the document "Continental Flooring Proposed contract price Changes - Revision 2 (002)" ALL OTHER REQUIREMENTS, SPECIFICATIONS, TERMS AND CONDITIONS REMAIN UNCHANGED. Christopher L Coleman t 2-1-1 ? President THIS CHANGE ORDER WAS PROCESSED AS A BILATERAL CHANGE ORDER. ALL CONTRACT SPECIFICATIONS, TERMS AND CONDITIONS, AND REQUIREMENTS REMAIN UNCHANGED. THIS DOCUMENT IS FOR INFORMATIONAL PURPOSES. The above-mentioned contract is hereby amended as follows: A. In accordance with Special Terms and Conditions Section 6, Contract Renewal, the contract is hereby extended through January 31, 2017. ALL OTHER REQUIREMENTS, SPECIFICATIONS, TERMS AND CONDITIONS REMAIN UNCHANGED ACKNOWLEDGEMENT1 AUTHORIZATION This change order shall be fully executed upon the approval electronically in ProcureAZ by an authorized representative of the Contractor and applied to the contract by the Procurement Officer or delegate. Contract Change Order Summary Available online at Page 1 of 1 Procure.AZ.gov E T Contract Change Order Summar g Y State of Arizona State Procurement Office 6 N Contract No.: ADSPO 13-040451 100 N. 15TH Avenue, Suite 201 Phoenix, AZ 85007 Change Order No.: 08 Date: November 6, 2015 The above-mentioned contract is hereby amended as follows: A. In accordance with Special Terms and Conditions Section 6, Contract Renewal, the contract is hereby extended through January 31, 2017. ALL OTHER REQUIREMENTS, SPECIFICATIONS, TERMS AND CONDITIONS REMAIN UNCHANGED ACKNOWLEDGEMENT1 AUTHORIZATION This change order shall be fully executed upon the approval electronically in ProcureAZ by an authorized representative of the Contractor and applied to the contract by the Procurement Officer or delegate. Contract Change Order Summary Available online at Page 1 of 1 Procure.AZ.gov The above-mentioned contract is hereby amended as follows: A. In accordance with Special Terms and Conditions Section 6, Contract Renewal, the contract is hereby extended through January 31, 2016. B. Special Terms and Conditions Section 3, Eligible Agencies, is hereby modified and shall read as follows; 3. ELIGIBLE AGENCIES (STATEWIDE) This Contract shall be for the use of all State of Arizona departments, agencies, commissions and boards. In addition, eligible State Purchasing Cooperative members may participate at their discretion. In order to participate in this contract, a cooperative member shall have entered into a Cooperative Purchasing Agreement with the Department of Administration, State Procurement Office as required by Arizona Revised Statues § 41-2632. Membership in the State Purchasing Cooperative is available to all Arizona political subdivisions including cities, counties, school districts, and special districts. Membership is also available to all non-profit organizations, as well as State governments, the US Federal Government and Tribal Nations. Non-profit organizations are defined in A.R.S. § 41-2631(4) as any nonprofit corporation as designated by the internal revenue service under section 501(c)(3) through 501(c)(6). C. In accordance with Special Terms and Conditions Paragraph 23, Product Discontinuance, and Paragraph 21, Price Increase Contract Pricing shall be updated and the adjusted pricing shall be effective as of December 12, 2014. All price adjustments shall be reflected in the line items in ProcureAZ, the pricing document entitled Attachment II Pricing Schedule — Continental Flooring and Attachment III Materials Only Pricing Schedule — Continental Flooring. ALL OTHER REQUIREMENTS, SPECIFICATIONS, TERMS AND CONDITIONS REMAIN UNCHANGED ACKNOWLEDGEMENT1 AUTHORIZATION This change order shall be fully executed upon the approval electronically in ProcureAZ by an authorized representative of the Contractor and applied to the contract by the Procurement Officer or delegate. Contract Change Order Summary Available online at Page 1 of 2 Procure.AZ.gov E T Contract Change Order Summar g Y State of Arizona State Procurement Office 6 N Contract No.: ADSPO 13-040451 100 N. 15TH Avenue, Suite 201 Phoenix, AZ 85007 Change Order No.: 06 Date: November 4, 2014 The above-mentioned contract is hereby amended as follows: A. In accordance with Special Terms and Conditions Section 6, Contract Renewal, the contract is hereby extended through January 31, 2016. B. Special Terms and Conditions Section 3, Eligible Agencies, is hereby modified and shall read as follows; 3. ELIGIBLE AGENCIES (STATEWIDE) This Contract shall be for the use of all State of Arizona departments, agencies, commissions and boards. In addition, eligible State Purchasing Cooperative members may participate at their discretion. In order to participate in this contract, a cooperative member shall have entered into a Cooperative Purchasing Agreement with the Department of Administration, State Procurement Office as required by Arizona Revised Statues § 41-2632. Membership in the State Purchasing Cooperative is available to all Arizona political subdivisions including cities, counties, school districts, and special districts. Membership is also available to all non-profit organizations, as well as State governments, the US Federal Government and Tribal Nations. Non-profit organizations are defined in A.R.S. § 41-2631(4) as any nonprofit corporation as designated by the internal revenue service under section 501(c)(3) through 501(c)(6). C. In accordance with Special Terms and Conditions Paragraph 23, Product Discontinuance, and Paragraph 21, Price Increase Contract Pricing shall be updated and the adjusted pricing shall be effective as of December 12, 2014. All price adjustments shall be reflected in the line items in ProcureAZ, the pricing document entitled Attachment II Pricing Schedule — Continental Flooring and Attachment III Materials Only Pricing Schedule — Continental Flooring. ALL OTHER REQUIREMENTS, SPECIFICATIONS, TERMS AND CONDITIONS REMAIN UNCHANGED ACKNOWLEDGEMENT1 AUTHORIZATION This change order shall be fully executed upon the approval electronically in ProcureAZ by an authorized representative of the Contractor and applied to the contract by the Procurement Officer or delegate. Contract Change Order Summary Available online at Page 1 of 2 Procure.AZ.gov Contract Change Order Summary Available online at Page 2 of 2 Procure.AZ.gov E T Contract Change Order Summar g Y State of Arizona State Procurement Office 6 N Contract No.: ADSPO 13-040451 100 N. 15TH Avenue, Suite 201 Phoenix, AZ 85007 Change Order No.: 06 Date: November 4, 2014 Contract Change Order Summary Available online at Page 2 of 2 Procure.AZ.gov Tarkett to Increase Johnsonite Product Prices 12013-12-17 1 Floor Trend... http://www.floortrendsmag.com/articles/print/96499-trkett-to-increase-... Homo Tarkett to Increase Johnsonite Product Prices December 17, 2013 Tarkett has announced a price increase across the Johnsonite commercial product portfolio. The system of solutions includes VCT, vinyl sheet and tile, linoleum, rubber sheet and tile, LUT, stairwell management, and accessories. The price increase will be approximate 3%-5% and will vary depending on product category. "Inflationary pressures in raw materials and energy combined with rising healthcare costs are beginning to outpace our productivity initiatives," stated Jeff Fenwick, president and COO of Tarkett North America. "We have successfully negated supply chain cost increases over the last 24 months due to our disciplined approach to continuous improvement. Even though we are adjusting our pricing at this time, our focus and commitment to productivity improvements is part of our organizational culture and a key part of our overall value proposition." The increases will take effect March 15, 2014. 1 of 1 11/25/2014 7:22 AM 1. In accordance with Special Terms and Conditions Paragraph 22, Sales Promotions, the above mentioned contract is hereby amended as follows: 1. The Contractor is approved to conduct a sales promotion for all products and installation labor effective September 1, 2014 through October 15, 2014. 2. The document entitled "Continental Flooring Sales Promotion 09.01.14 through 10.15.14" reflects the Promotional Discounts being offered during the above mentioned time period and shall be attached to the contract in ProcureAZ. 3. The Contractor shall provide conspicuous notice of the promotion upon approval of this change order. ALL OTHER REQUIREMENTS, SPECIFICATIONS, TERMS AND CONDITIONS REMAIN UNCHANGED ACKNOWLEDGEMENT 1 AUTHORIZATION This change order shall be fully executed upon the approval electronically in ProcureAZ by an authorized representative of the Contractor and applied to the contract by the Procurement Officer or delegate. Contract Change Order Summary Available online at Page 1 of 1 Procure.AZ.gov E T Contract Change Order g Summary State of Arizona State Procurement Office 6 N Contract No.: ADSPO 13-040451 100 N. 15TH Avenue, Suite 201 Phoenix, AZ 85007 Change Order No.: 05 Date: August 25, 2014 1. In accordance with Special Terms and Conditions Paragraph 22, Sales Promotions, the above mentioned contract is hereby amended as follows: 1. The Contractor is approved to conduct a sales promotion for all products and installation labor effective September 1, 2014 through October 15, 2014. 2. The document entitled "Continental Flooring Sales Promotion 09.01.14 through 10.15.14" reflects the Promotional Discounts being offered during the above mentioned time period and shall be attached to the contract in ProcureAZ. 3. The Contractor shall provide conspicuous notice of the promotion upon approval of this change order. ALL OTHER REQUIREMENTS, SPECIFICATIONS, TERMS AND CONDITIONS REMAIN UNCHANGED ACKNOWLEDGEMENT 1 AUTHORIZATION This change order shall be fully executed upon the approval electronically in ProcureAZ by an authorized representative of the Contractor and applied to the contract by the Procurement Officer or delegate. Contract Change Order Summary Available online at Page 1 of 1 Procure.AZ.gov [�___--_—_- Continental Flooring 931QNB4mVVoy.Suite 1DDO | Scottsdale, AZ85258 CONTACT: LaummKuQO9nxusko PHONE: (4,00)% !1-8509 EMAIL: |aort-AaoonUnental�oodnq.00nm �� S'TATE AGENCY: AZ Department of Administration State Procurement Office 100 N. I 5�tl Avenue, Suite 201 Phoenix, AZ 85007 CONTACI: Jennifer D.VVenge/ PHONE: 602'542-80644 EMAIL: ienn1,fer.wmnQer(@az Commercial F/oonmQ Products and Services |naccordance with Uniform Terms and Conditions, Paragraph S.1 Amendments, the aforementioned contract io hereby amended as follows: Attachment III Material Only Pricing Schedule and Line Item 3O1 have been added toallow for material only All other terms, conditions and provisions remain unchanged. g ag inst lie StEte of Arizona unless signed by an authorized represent-aHve cl: the Contractor and theri acceDied i1i writingby an authorized representative of [he State. Contractor hereby acknowledges, mceipt and understanding ol The above referencad contrac! aniendrnent is iiorcby nnfmct Amendment State Promirement Office 100 N. 15'"1 Avenue, Suite 201 ra No.: ADSP013-040451 Jennifer D. Wenger President, Continental Flooring Company Senior Procurement Officer PAGE Amendment No.: 2 1 OF 1 Phoenix, IV 85007 [�___--_—_- Continental Flooring 931QNB4mVVoy.Suite 1DDO | Scottsdale, AZ85258 CONTACT: LaummKuQO9nxusko PHONE: (4,00)% !1-8509 EMAIL: |aort-AaoonUnental�oodnq.00nm �� S'TATE AGENCY: AZ Department of Administration State Procurement Office 100 N. I 5�tl Avenue, Suite 201 Phoenix, AZ 85007 CONTACI: Jennifer D.VVenge/ PHONE: 602'542-80644 EMAIL: ienn1,fer.wmnQer(@az Commercial F/oonmQ Products and Services |naccordance with Uniform Terms and Conditions, Paragraph S.1 Amendments, the aforementioned contract io hereby amended as follows: Attachment III Material Only Pricing Schedule and Line Item 3O1 have been added toallow for material only All other terms, conditions and provisions remain unchanged. g ag inst lie StEte of Arizona unless signed by an authorized represent-aHve cl: the Contractor and theri acceDied i1i writingby an authorized representative of [he State. Contractor hereby acknowledges, mceipt and understanding ol The above referencad contrac! aniendrnent is iiorcby f he above arnendrnent. execuied. this date by the State. Christopher L Coleman Jennifer D. Wenger President, Continental Flooring Company Senior Procurement Officer CIONTRACITOR: (IontinentaI Flooring Qom par )I 9: 1� North 94th Wa)I, Suite 1000 Saottsdale, AZ 89398 CIONTACIT: La una K ugligowska PH ONE: 480-839-2324 EMAIL: laurak�continental STAFTE ACIEN GI : EIZ Oepartmer t afAdministratian State Praaurement Clifflice 100 N. 1510 Alventie, Suite 201 Phoenbi, AZ 85001 C IONTAK IT: Qindy Tuc4 er PHONE: 0 0 2.3 64-1347 C®ntraict me ndirent state aAAlrizara CCla C)Ir. t hi a L. TuckElr State Proaurern er t Offiae ntra at N a.: AIOSP013-040451 PAGa 1 OF 1 '� A 100 N . 15TH �Ivenue, Suite 201 Phoeni;i, A2 85007 Almendrn est No.: 1 CIONTRACITOR: (IontinentaI Flooring Qom par )I 9: 1� North 94th Wa)I, Suite 1000 Saottsdale, AZ 89398 CIONTACIT: La una K ugligowska PH ONE: 480-839-2324 EMAIL: laurak�continental STAFTE ACIEN GI : EIZ Oepartmer t afAdministratian State Praaurement Clifflice 100 N. 1510 Alventie, Suite 201 Phoenbi, AZ 85001 C IONTAK IT: Qindy Tuc4 er PHONE: 0 0 2.3 64-1347 EMAIL: cindy.tucker( (larr mencial Flcianing Piciducts and E erwiices - E-41ewide I. In aaaordance mith Special Terms ar cl (Ionditiar s, Para gra pl' 8, Term oil Clan tract, on Page 16 of 94, the a loremention a d contract is hereby a rn e r ded as follows: 1.1 TI e at ave relerencecl contract sl'all be a)itended from February 1, 3014 to, lag Liar�l 31, 2015 1.3 Qertiliaate ail InSUra r ce on life shall be in acaorclance v ith Special Terms and Clonditians, Paragrant 28.2, Insurance Requirers e r ts, Page 23 x154 s t all be gut mitted lar tt e e ecor cI Terrs afl tt a contract tt r(!uglf January 31, 1015, 1.3 All other terms ar cl aonditions remain tt a same. This Qontraat Amer dment is r of binding gl against tt a State afl Arizona unless siglr ed by an a utt a rized representative afl tI a Qontractar and then accepted in vriting b}I an authorize cl re pre: entatic a of the State. (Iontractor I Bret )I acknawledges receipt and The at a\e relerencecl contract arnendmer t is I eret }I unclen tanding afl tt a above ani en(ment. executed this elate by the State. C)Ir. t hi a L. TuckElr 1111/ 11Z -I/ 2(113 - Sign Date Signature Date 4k u L . r Cynthia L. Tuaker QIr this L Tuck er, Sr. Procurersent Clificer (/q PrintedlTylped N ame and Title Printedfrypecl Name ar cl Title Notice of Request for Proposal In accordance with A.R.S. § 41-2534, competitive sealed proposals for the materials or services specified, will be received by the State Procurement Office online through the State's e -Procurement system, ProcureAZ (https://procure.az.gov) at the date and time posted in ProcureAZ. Proposals received by the correct time and date will be opened and the name of each offeror will be publically available. Proposals must be in the actual aossession of the State on or arior to the time and date indicated in the Notice. Late aroaosals will not be considered. Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the appropriate Procurement Agency. Requests should be made as early as possible to allow time to arrange the accommodation. A person requiring special accommodations may contact the solicitation contact person responsible for this procurement as identified above. OFFERORS ARE STRONGLY ENCOURAGED TO CAREFULLY READ THE ENTIRE SOLICITATION. xE Tqa Request for Proposal State of Arizona y State Procurement Office PAGE w N Solicitation No.: ADSP013-00002054 1 100 N. 15th Ave, Suite 201 a Phoenix, AZ 85007 Description: Commercial Flooring Products and Services OF 47 Notice of Request for Proposal In accordance with A.R.S. § 41-2534, competitive sealed proposals for the materials or services specified, will be received by the State Procurement Office online through the State's e -Procurement system, ProcureAZ (https://procure.az.gov) at the date and time posted in ProcureAZ. Proposals received by the correct time and date will be opened and the name of each offeror will be publically available. Proposals must be in the actual aossession of the State on or arior to the time and date indicated in the Notice. Late aroaosals will not be considered. Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the appropriate Procurement Agency. Requests should be made as early as possible to allow time to arrange the accommodation. A person requiring special accommodations may contact the solicitation contact person responsible for this procurement as identified above. OFFERORS ARE STRONGLY ENCOURAGED TO CAREFULLY READ THE ENTIRE SOLICITATION. Table of Contents Offer and Acceptance Form.................................................................................................................3 Scopeof Work......................................................................................................................................4 Special Terms and Conditions..............................................................................................................13 Uniform Terms and Conditions.............................................................................................................26 Special instructions to Offerors...........................................................................................................34 Uniform Instructions to Offerors..........................................................................................................39 AttachmentI — Questionnaire....................................................................................................44 AttachmentII — Pricing Instructions...........................................................................................47 Pricing to be added on line items in ProcureAZ per Brand name or enter alternate product name xE Tqa Request for Proposal State of Arizona y State Procurement Office PAGE w N Solicitation No.: ADSP013-00002054 2 100 N. 15th Ave, Suite 201 a OF 47 Phoenix, AZ 85007 Description: Commercial Flooring Products and Services Table of Contents Offer and Acceptance Form.................................................................................................................3 Scopeof Work......................................................................................................................................4 Special Terms and Conditions..............................................................................................................13 Uniform Terms and Conditions.............................................................................................................26 Special instructions to Offerors...........................................................................................................34 Uniform Instructions to Offerors..........................................................................................................39 AttachmentI — Questionnaire....................................................................................................44 AttachmentII — Pricing Instructions...........................................................................................47 Pricing to be added on line items in ProcureAZ per Brand name or enter alternate product name Offen and Aeceptanca - State of Arizona 1Ar.E State Procurement Office SOLICITATION NO.: ADSPO13-00002054 3 100 N.15th Ave., Suite 201p Description: Commercial Fl Op Phoenix, AZ 85QD7 Descri p oohing Products and Services 411 OFFER TO THE STATE OF ARIZONA: The Undersigned hereby offers and agrees to fumish the material, service or construabon in compliance with all terms, conditions, specifications and amendments in the Solicitation and any written exceptions m the offer. Signature also certifies Small Business status. Ancona Transaction (Safes) Privilege Tax License No.: 07218995) Federal Employer Identification No.: 86-0369902 Continental Flooring Company Company Name 9319 N. 94th Way, Suite 1000 Address Scottsdale, Arizona 85258 City state Zip By signature In the Otter section above, the Offeror ocrtinw: E-mail: laurakitDcontinentalflooring.com Phone: 480.949.8509 Fax 4 .2603 Signq of Person A Sign odor Christooher L. Coleman Pdrated Name President Tithe 1. The submission of the Offer dfd not Involve collusion or other snVoornpetlilve prodcea. 2, The Offeror shall not dlserlrnlr sato against any employee or oppllrant for employment In vfofation of Fedora! Eiaecutiva Order 11246, State Executive Older 2009-09 orA.R.S. if 41-146! through 1465. 3. The Offeror has not given, offered to gim, nor fritends to give at any time haroafter any economic opportunity, future employment, Wk ben, gratuity, spoWal discount, kip, favor, or service to a public servant In connection wtM the aubmlttcd offer. Fallure to provide a valid aunature gff rming the 31tipulatlons required by this clause shall result In rejection of the offer. Signing the offer with a fatue MaUmard shell void the wra r, any rr+rsulung eornisci anc may be subject to legal remedies provided by taw. 4. The Offeror certifies that the above referenced organaallon X ISI,_ IS NOT a small business with fess than 100 employees or has gross revenues of 54 million or lose. 5. In accordance with A.R.S. §35-393, the offeror hereby eertifts, that the tOlteror does not have sonAnb W business oper+uons In Iran. 6. In accordance with A.R.S. g35-391, the offeror hereby csMos that the Offeror does not have saruttnIwd business operations In Sudan. ACCEPTANCE OF OFFER The Offer is hereby accepted. The Contractor is now bound to sell the materials or services listed by the attached contract and based upon the solicitation, including all terms, conditions, specifications, amendments, eta, and the Contractor's Offer as accepted by the State. This Contract shalln_ce_ be referred to as Contract No. 6 l3 — 4 d 116 / . The Contractor has been cautioned not to commence any billable work or to provide any material or service under this contract until Contractor receives purchase order, contact release document or wntten notice to proceed. Stats of ArLzonaa�� s— Awarded this If_ day of 20% 1. PURPOSE/BACKGROUND Pursuant to A.R.S. 41-2501, The Arizona Department of Administration, State Procurement Office (The State) is seeking to establish statewide contract(s) for Floor Covering including all labor, equipment and materials necessary to install carpet and flooring materials in designated areas in accordance with conditions and specifications included in this solicitation. The contract shall be available for use by all State Agencies, Boards and Commissions as well as participating Cooperative Members, collectively hereinafter referred to as Eligible Agencies. The Special Terms and Conditions provide a more detailed definition of Eligible Agencies. A list of all State Agencies and Cooperative Members may be found on the State Procurement Office's Website. The purpose of this Solicitation is to award a contract(s) to the responsible offeror(s) whose proposal is determined in writing to be the most advantageous to this state. The contracts shall be for supervision, labor, equipment, materials, tools and transportation necessary to install, repair or replace various flooring systems at Statewide locations for Eligible Agencies. 2. SCOPE OF SERVICES AND PRODUCTS 2.1 The contractor shall be responsible for replacement of, but not limited to, carpets, floor tile, VCT/LVT, sheet vinyl, stone tile, hardwood, laminated flooring, linoleum, rubber stair treads and/or other materials as required. 2.2 The contractor shall be available to schedule a time to inspect and measure the property to prepare a reasonable estimate for time and materials at Statewide locations. See installation notes Section M. 2.3 Pricing shall be based on contractors established contract price and the quotes shall be all inclusive of all materials, labor, installation, transportation and configuration to accomplish the job(s). 3. PRODUCT REQUIREMENTS Unless specifically stated to the contrary, any manufacturer's names, trade names, brand names or catalog numbers used in the specifications of this Request for Proposal are for the purpose of describing and/or establishing the quality, design and performance required. This is not intended to restrict product offerings. Following is a list of Materials and Supplies currently used by various Eligible Agencies. This list is illustrative and not intended to be all inclusive: • Broadloom Carpets • Berber Carpets • Cut Pile • Recycled Content Carpet • Woven Carpet • Saxony/Sisal/Plush Carpets • Carpet Tile • Hardwood Flooring • Resilient (hard surface) tile • VCT/LVT • Solid vinyl sheets • Stone tiles • Laminated Flooring • Rubber Floor Flooring • Linoleum Floor Covering 0 Rubber/Vinyl/resilient Wall Base, Stair Treads, and Risers E T Scope of Work Q State of Arizona PAGE F State Procurement Office 6 N Solicitation No.: RFP ADSP012-00002054 4 100 N.15th Ave., Suite 201 Phoenix, AZ 85007 Description: Commercial Flooring Products and Services OF 47 1. PURPOSE/BACKGROUND Pursuant to A.R.S. 41-2501, The Arizona Department of Administration, State Procurement Office (The State) is seeking to establish statewide contract(s) for Floor Covering including all labor, equipment and materials necessary to install carpet and flooring materials in designated areas in accordance with conditions and specifications included in this solicitation. The contract shall be available for use by all State Agencies, Boards and Commissions as well as participating Cooperative Members, collectively hereinafter referred to as Eligible Agencies. The Special Terms and Conditions provide a more detailed definition of Eligible Agencies. A list of all State Agencies and Cooperative Members may be found on the State Procurement Office's Website. The purpose of this Solicitation is to award a contract(s) to the responsible offeror(s) whose proposal is determined in writing to be the most advantageous to this state. The contracts shall be for supervision, labor, equipment, materials, tools and transportation necessary to install, repair or replace various flooring systems at Statewide locations for Eligible Agencies. 2. SCOPE OF SERVICES AND PRODUCTS 2.1 The contractor shall be responsible for replacement of, but not limited to, carpets, floor tile, VCT/LVT, sheet vinyl, stone tile, hardwood, laminated flooring, linoleum, rubber stair treads and/or other materials as required. 2.2 The contractor shall be available to schedule a time to inspect and measure the property to prepare a reasonable estimate for time and materials at Statewide locations. See installation notes Section M. 2.3 Pricing shall be based on contractors established contract price and the quotes shall be all inclusive of all materials, labor, installation, transportation and configuration to accomplish the job(s). 3. PRODUCT REQUIREMENTS Unless specifically stated to the contrary, any manufacturer's names, trade names, brand names or catalog numbers used in the specifications of this Request for Proposal are for the purpose of describing and/or establishing the quality, design and performance required. This is not intended to restrict product offerings. Following is a list of Materials and Supplies currently used by various Eligible Agencies. This list is illustrative and not intended to be all inclusive: • Broadloom Carpets • Berber Carpets • Cut Pile • Recycled Content Carpet • Woven Carpet • Saxony/Sisal/Plush Carpets • Carpet Tile • Hardwood Flooring • Resilient (hard surface) tile • VCT/LVT • Solid vinyl sheets • Stone tiles • Laminated Flooring • Rubber Floor Flooring • Linoleum Floor Covering 0 Rubber/Vinyl/resilient Wall Base, Stair Treads, and Risers • Cove Base/Corners, carpet strips 4. SCHEDULING REQUIREMENTS The Contractor shall be responsible for scheduling the agreed upon work as requested by the Eligible Agency. The Contractor shall have the ability to create and manage numerous individual accounts for order placement, billing, and reporting purposes. The Contractor shall be prepared with well maintained equipment inventory/materials and satisfactory transportation for delivery at the work site to meet the customer demand and delivery requirements. Likewise, the contractor shall be responsible for keeping a neat, orderly and clean area where equipment and materials are in use. Clean-up during and after the scheduled work shall be the responsibility of the Contractor including removal of waste and unused products. 5. STAFFING REQUIREMENTS 5.1 The Contractor shall provide adequate supervision over the work being performed and will be accountable for the conduct and performance of its employees and others involved in the execution of the scheduled work. Staff and/or sub -contractors shall be adequately trained and qualified for the type of work to be performed to insure completion of the work in an orderly and timely manner. 5.2 Contractor activities shall include the ability to resolve customer disputes, manage multiple accounts, expending services and excellent customer service. 5.3 Contractor personnel shall carry identification and shall be insured in accordance with the contract and agency requirements. The Contractor shall be responsible for employees at the work site for the duration of the project. 6. ENVIRONMENTAL AND RECYCLING REQUIREMENTS 6.1 As part of the Arizona Recycling Program, the State puts an emphasis on the post consumer content of the recycled products that are part of solicitations for Statewide Contracts. The EPA definition of post consumer material shall be used in the designating products for this purpose. The following requirements shall be performed by the Contractor relating to an Environmentally Friendly or Green Products Certification Program. The carpet distributor and manufacturer must have a carpet recycling program. 6.2 Submit written certification of environmental compliance describing aspects of recycling programs for carpet uplifted for replacement and for carpet to be installed, including compliance by the carpet manufacturer and carpet trade contractor. An applicable representative from the carpet manufacturer/flooring subcontractor shall meet with the contractor in the presence of a representative of the agency to review the recommended procedures, prior to occupancy of the finished spaces and detail what products are eligible for `buy back", how coordination of pick up will occur, etc. 6.3 When the installation is complete, the manufacturer shall deliver a certificate of recycling, which describes the method by which the uplifted carpet was recycled; and (2) a warranty of recycling, which specifies the method by which the new carpet tile will be recycled at the end of its useful life. 6.4 No carpet shipments are permitted until the fiber certifications and recycling plans are approved by the agency. 6.5 Indoor Air Quality Test Reports results shall not exceed the stated emission criteria of the CRI Indoor Air Quality Carpet Testing Green Label Plus. 6.6 In accordance with an executive order titled Air Pollution Emergency Proclamation, the State requests that all products used in the performance of any contract that results from this solicitation be of low- or no -content of reactive organic compounds, to the maximum extent possible. E T Scope of Work Q State of Arizona PAGE F State Procurement Office 6 N Solicitation No.: RFP ADSP012-00002054 5 100 N.15th Ave., Suite 201 Phoenix, AZ 85007 Description: Commercial Flooring Products and Services OF 47 • Cove Base/Corners, carpet strips 4. SCHEDULING REQUIREMENTS The Contractor shall be responsible for scheduling the agreed upon work as requested by the Eligible Agency. The Contractor shall have the ability to create and manage numerous individual accounts for order placement, billing, and reporting purposes. The Contractor shall be prepared with well maintained equipment inventory/materials and satisfactory transportation for delivery at the work site to meet the customer demand and delivery requirements. Likewise, the contractor shall be responsible for keeping a neat, orderly and clean area where equipment and materials are in use. Clean-up during and after the scheduled work shall be the responsibility of the Contractor including removal of waste and unused products. 5. STAFFING REQUIREMENTS 5.1 The Contractor shall provide adequate supervision over the work being performed and will be accountable for the conduct and performance of its employees and others involved in the execution of the scheduled work. Staff and/or sub -contractors shall be adequately trained and qualified for the type of work to be performed to insure completion of the work in an orderly and timely manner. 5.2 Contractor activities shall include the ability to resolve customer disputes, manage multiple accounts, expending services and excellent customer service. 5.3 Contractor personnel shall carry identification and shall be insured in accordance with the contract and agency requirements. The Contractor shall be responsible for employees at the work site for the duration of the project. 6. ENVIRONMENTAL AND RECYCLING REQUIREMENTS 6.1 As part of the Arizona Recycling Program, the State puts an emphasis on the post consumer content of the recycled products that are part of solicitations for Statewide Contracts. The EPA definition of post consumer material shall be used in the designating products for this purpose. The following requirements shall be performed by the Contractor relating to an Environmentally Friendly or Green Products Certification Program. The carpet distributor and manufacturer must have a carpet recycling program. 6.2 Submit written certification of environmental compliance describing aspects of recycling programs for carpet uplifted for replacement and for carpet to be installed, including compliance by the carpet manufacturer and carpet trade contractor. An applicable representative from the carpet manufacturer/flooring subcontractor shall meet with the contractor in the presence of a representative of the agency to review the recommended procedures, prior to occupancy of the finished spaces and detail what products are eligible for `buy back", how coordination of pick up will occur, etc. 6.3 When the installation is complete, the manufacturer shall deliver a certificate of recycling, which describes the method by which the uplifted carpet was recycled; and (2) a warranty of recycling, which specifies the method by which the new carpet tile will be recycled at the end of its useful life. 6.4 No carpet shipments are permitted until the fiber certifications and recycling plans are approved by the agency. 6.5 Indoor Air Quality Test Reports results shall not exceed the stated emission criteria of the CRI Indoor Air Quality Carpet Testing Green Label Plus. 6.6 In accordance with an executive order titled Air Pollution Emergency Proclamation, the State requests that all products used in the performance of any contract that results from this solicitation be of low- or no -content of reactive organic compounds, to the maximum extent possible. 6.7 Manufactures shall provide flooring systems using post-industrial and post -consumer waste, recycled substances and renewable resources consistent with environmental stewardship. It is the expectation that the manufacturers be able to offer everything across their product lines in formulations that perform well without proving harmful to the environment for the life of the products. Refer to the U.S. Green Building Council's LEED (Leadership in Energy and Environmental Design) Program. The program provides an objective way to access the performance of a category of products such as durability, slip resistance and antimicrobial protection of rubber tile, like PVC free products. 7. MAINTENANCE PROGRAM 7.1 Maintenance requirements shall be provided to the Eligible Agencies to ensure the durability and longevity of flooring systems from initial purchase through the end -of -life. This shall include specifications and instructions for the Eligible Agency as well as written documentation and/or schedules for maintenance to ensure the integrity of the flooring for reasonable use as specified by the manufacturer. 7.2 Examples include but are not limited to noting in detail the features and benefits of topical or applied stain resistant additives. In addition provide proof of additives life. i.e., permanent, walk off, wicked when cleaning, etc. i.e. Duracolor, Everset, Protekt, Stain RESIST as illustrative type products. 8. CARPET CONSTRUCTION 8.1 Calcium Chloride Moisture tests and Relative Humidity 95, where applicable, are required before ordering/installation begins. All manufacturers' suggested installation methods are to be precisely followed. All warranties are to be kept in force. It is the responsibility of the contractor to perform these moisture tests according to the manufacturer's instruction and in a timely manner so the product can be installed efficiently and under warranty. 8.2 Pile height shall not exceed as follows; CARPET TILE Type 6, 6.160 Type 6. .130 BROADLOOM Type 6, 6.160 Type 6 .130 8.3 Lifetime edge ravel, zippering and delamination are required on all products. Backing shall not delaminate under any circumstance for the useful life of the carpet. 8.4 Preferred Nylon is Type 6,6 Invista (Antron) Hollow Core Filament or Solutia Ultron VIP (SD or YD); XTI, DSDNand Self -extruded Nylon Type 6 meeting the standards as outlined in the specifications section for each fiber type and style will be considered. Nylon should be solution or yarn dyed with a preference for solution dyed. 8.5 Fiber Verification: Carpet shall be certificated from the fiber producer verifying use of the branded fiber in the submitted carpet product. Certification should include the % recycled content by weight for fibers, describing the source of this recycled content. If virgin nylon is used, the manufacturer shall include, as part of the fiber certification, the precise method that will be used to recapture the nylon at the end of the useful life of the carpet. State whether it E T Scope of Work Q State of Arizona PAGE F State Procurement Office 6 N Solicitation No.: RFP ADSP012-00002054 6 100 N.15th Ave., Suite 201 Phoenix, AZ 85007 Description: Commercial Flooring Products and Services OF 47 6.7 Manufactures shall provide flooring systems using post-industrial and post -consumer waste, recycled substances and renewable resources consistent with environmental stewardship. It is the expectation that the manufacturers be able to offer everything across their product lines in formulations that perform well without proving harmful to the environment for the life of the products. Refer to the U.S. Green Building Council's LEED (Leadership in Energy and Environmental Design) Program. The program provides an objective way to access the performance of a category of products such as durability, slip resistance and antimicrobial protection of rubber tile, like PVC free products. 7. MAINTENANCE PROGRAM 7.1 Maintenance requirements shall be provided to the Eligible Agencies to ensure the durability and longevity of flooring systems from initial purchase through the end -of -life. This shall include specifications and instructions for the Eligible Agency as well as written documentation and/or schedules for maintenance to ensure the integrity of the flooring for reasonable use as specified by the manufacturer. 7.2 Examples include but are not limited to noting in detail the features and benefits of topical or applied stain resistant additives. In addition provide proof of additives life. i.e., permanent, walk off, wicked when cleaning, etc. i.e. Duracolor, Everset, Protekt, Stain RESIST as illustrative type products. 8. CARPET CONSTRUCTION 8.1 Calcium Chloride Moisture tests and Relative Humidity 95, where applicable, are required before ordering/installation begins. All manufacturers' suggested installation methods are to be precisely followed. All warranties are to be kept in force. It is the responsibility of the contractor to perform these moisture tests according to the manufacturer's instruction and in a timely manner so the product can be installed efficiently and under warranty. 8.2 Pile height shall not exceed as follows; CARPET TILE Type 6, 6.160 Type 6. .130 BROADLOOM Type 6, 6.160 Type 6 .130 8.3 Lifetime edge ravel, zippering and delamination are required on all products. Backing shall not delaminate under any circumstance for the useful life of the carpet. 8.4 Preferred Nylon is Type 6,6 Invista (Antron) Hollow Core Filament or Solutia Ultron VIP (SD or YD); XTI, DSDNand Self -extruded Nylon Type 6 meeting the standards as outlined in the specifications section for each fiber type and style will be considered. Nylon should be solution or yarn dyed with a preference for solution dyed. 8.5 Fiber Verification: Carpet shall be certificated from the fiber producer verifying use of the branded fiber in the submitted carpet product. Certification should include the % recycled content by weight for fibers, describing the source of this recycled content. If virgin nylon is used, the manufacturer shall include, as part of the fiber certification, the precise method that will be used to recapture the nylon at the end of the useful life of the carpet. State whether it will be returned to nylon carpet yarn production, down -cycled to an end use other than carpet yarn, used for waste -to -energy conservation, or disposed of in a specified manner. 8.6 Minimum Density as follows: CARPET TILE Type 6 6000 Type 6, 6 5000 BROADLOOM Type 6 6500 Type 6, 6 5500 Minimum gauge is to be 1/10 for Type 6. Minimum gauge is to be 1/8 for Type 6, 6 Minimum Weight for Broadloom 20 oz (no maximum) Minimum Weight for Carpet Tile 20 oz ( no maximum) 9. PATTERN/DESIGN 9.1 Product must be available in a wide range of multi -colored patterns with a preference for darker colors and organic patterns. Colors and patterns shall be consistent with existing material color scheme and locational considerations. 9.2 High-quality color samples shall be signed by a designated representative of the end user, certifying that samples are the approved color, pattern, and texture. Samples submitted to eligible agencies are assumed to be the manufacturer's best obtainable match to the desired carpet. 10. REPAIR 10.1 Roll goods or squares shall have the capability of cookie cutting stained areas and easy lift, removal and replacement of stained cut-outs with virtually invisible seams. It is preferable for the carpet to have a permanent or "highest resistance" to staining and fading. Billing for patch and repairs are based on time and materials as required. 10.2 Carpet repairs shall be done by a fully equipped and fully trained installer within 72 hours from receipt of repair work order. All repairs are to be coordinated with the eligible agency. 11. WARRANTY All carpet shall include the following warranties: 11.1 Surface Wear: Not more than 10 percent by weight throughout life of product. 11.2 Static: Maintain static generation at less than 3.5 KV at 70 degrees F., and 20 percent R.H. throughout life of the product. 11.3 No delamination throughout life of product. 11.4 No edge ravels throughout life of product. 11.5 Provide tuft bind consistent with industry standard. 11.6 No dimensional instability (i.e. shrinkage, curling and doming), which adversely affects ability of carpet tile to lie flat throughout the life of the product. 11.7 Environmental Warranty for Recycling: Used carpet tile will be recycled at end of its useful life. E T Scope of Work Q State of Arizona PAGE F State Procurement Office 6 N Solicitation No.: RFP ADSP012-00002054 7 100 N.15th Ave., Suite 201 Phoenix, AZ 85007 Description: Commercial Flooring Products and Services OF 47 will be returned to nylon carpet yarn production, down -cycled to an end use other than carpet yarn, used for waste -to -energy conservation, or disposed of in a specified manner. 8.6 Minimum Density as follows: CARPET TILE Type 6 6000 Type 6, 6 5000 BROADLOOM Type 6 6500 Type 6, 6 5500 Minimum gauge is to be 1/10 for Type 6. Minimum gauge is to be 1/8 for Type 6, 6 Minimum Weight for Broadloom 20 oz (no maximum) Minimum Weight for Carpet Tile 20 oz ( no maximum) 9. PATTERN/DESIGN 9.1 Product must be available in a wide range of multi -colored patterns with a preference for darker colors and organic patterns. Colors and patterns shall be consistent with existing material color scheme and locational considerations. 9.2 High-quality color samples shall be signed by a designated representative of the end user, certifying that samples are the approved color, pattern, and texture. Samples submitted to eligible agencies are assumed to be the manufacturer's best obtainable match to the desired carpet. 10. REPAIR 10.1 Roll goods or squares shall have the capability of cookie cutting stained areas and easy lift, removal and replacement of stained cut-outs with virtually invisible seams. It is preferable for the carpet to have a permanent or "highest resistance" to staining and fading. Billing for patch and repairs are based on time and materials as required. 10.2 Carpet repairs shall be done by a fully equipped and fully trained installer within 72 hours from receipt of repair work order. All repairs are to be coordinated with the eligible agency. 11. WARRANTY All carpet shall include the following warranties: 11.1 Surface Wear: Not more than 10 percent by weight throughout life of product. 11.2 Static: Maintain static generation at less than 3.5 KV at 70 degrees F., and 20 percent R.H. throughout life of the product. 11.3 No delamination throughout life of product. 11.4 No edge ravels throughout life of product. 11.5 Provide tuft bind consistent with industry standard. 11.6 No dimensional instability (i.e. shrinkage, curling and doming), which adversely affects ability of carpet tile to lie flat throughout the life of the product. 11.7 Environmental Warranty for Recycling: Used carpet tile will be recycled at end of its useful life. 11.8 Lifetime Commercial Limited Warranty: Warranty that owner will be completely satisfied with performance of carpet installed in accordance with manufacturer's installation instructions and when maintained in accordance with current carpet care recommendations, and when such maintenance continues throughout duration of warranty period when owned and operated by original Owner. [Also warrant that Owner will be satisfied with recycling of carpet at end of its useful life as outlined in manufacturer's environmental warranty.] 11.9 Warranty must be at least a ten year published commercial warranty against crushing, mating, walking out, zippering, delamination, edge loss/ravel and wear of no more than 10% of the surface pile weight and should be full replacement without a pro -rated clause. 11.10 Warranty for labor must be 2 years, to respond to any failure regarding installation or performance issues. 11.11 All flooring installation must be in accordance with the manufacturer instructions using manufacturer recommended products. In the event of infractions that may void the warranty, the contractor must carry the warranty (in writing) or present documentation from the manufacturer for acceptable substitutions of products. 12. CARPET PERFORMANCE 12.1 Pile Fuzzing and Piling: Dupont TRL Method 609 "Piling Resistance of Carpets -Tumble Method." Minimum acceptable piling rating 4.2 on a scale of 1 to 5. ASTM D418, Methods of Testing Pile Yarn Floor Covering Construction. Tuft Bind: ASTM Method D 1335, "Tuft Bind of Pile Floor Coverings" 12.2 Perform 8 pulls at random across the width of the test carpet. Minimum tuft lock shall be 10 pounds or better for average of 8 pulls. The carpet should achieve this rating in wet and dry conditions or have a minimum of a 10 year warranty against edge ravel and zippering. 12.3 Peel Strength of Secondary Backing: Federal Test Method Standard 191.Textile method 5960. Minimum acceptable average pull strength is 8.3 pounds per square inch. ASTME 3936 12.4 Crock fastness: AATCC Test Method 1981: Minimum stain ratings, International Gray Scale should be Wet -Dry - 4 AATCC 16-[98], Test Method for Colorfastness to Light AATCC 23-[99], Test Method for Colorfastness to Burnt Gas • AATCC 165-[93], Test Method for Colorfastness to Crocking: Carpets AATCC Crockmeter Method. 12.5 Wetfastness: Run with both hard water and alkaline detergent (ph9.5 test for 2 cycles). International Gray Scale rating for stain or color should be no less than 3 for 2 cycles. AATCC 107-[97], Test Method for Colorfastness to Water. 12.6 Static Resistance: Note: Some mainframe computer facilities may require lower kV ratings. • AATCC 134-[96],Test Method for Electrostatic Propensity of Carpets. • AATTC 13-1979 (Neolite) Electrostatic build-up in carpets. Static discharge is not to exceed 3.0 kV. (Note: Some mainframe computer facilities may require lower kV rating). E T Scope of Work Q State of Arizona PAGE F State Procurement Office 6 N Solicitation No.: RFP ADSP012-00002054 8 100 N.15th Ave., Suite 201 Phoenix, AZ 85007 Description: Commercial Flooring Products and Services OF 47 11.8 Lifetime Commercial Limited Warranty: Warranty that owner will be completely satisfied with performance of carpet installed in accordance with manufacturer's installation instructions and when maintained in accordance with current carpet care recommendations, and when such maintenance continues throughout duration of warranty period when owned and operated by original Owner. [Also warrant that Owner will be satisfied with recycling of carpet at end of its useful life as outlined in manufacturer's environmental warranty.] 11.9 Warranty must be at least a ten year published commercial warranty against crushing, mating, walking out, zippering, delamination, edge loss/ravel and wear of no more than 10% of the surface pile weight and should be full replacement without a pro -rated clause. 11.10 Warranty for labor must be 2 years, to respond to any failure regarding installation or performance issues. 11.11 All flooring installation must be in accordance with the manufacturer instructions using manufacturer recommended products. In the event of infractions that may void the warranty, the contractor must carry the warranty (in writing) or present documentation from the manufacturer for acceptable substitutions of products. 12. CARPET PERFORMANCE 12.1 Pile Fuzzing and Piling: Dupont TRL Method 609 "Piling Resistance of Carpets -Tumble Method." Minimum acceptable piling rating 4.2 on a scale of 1 to 5. ASTM D418, Methods of Testing Pile Yarn Floor Covering Construction. Tuft Bind: ASTM Method D 1335, "Tuft Bind of Pile Floor Coverings" 12.2 Perform 8 pulls at random across the width of the test carpet. Minimum tuft lock shall be 10 pounds or better for average of 8 pulls. The carpet should achieve this rating in wet and dry conditions or have a minimum of a 10 year warranty against edge ravel and zippering. 12.3 Peel Strength of Secondary Backing: Federal Test Method Standard 191.Textile method 5960. Minimum acceptable average pull strength is 8.3 pounds per square inch. ASTME 3936 12.4 Crock fastness: AATCC Test Method 1981: Minimum stain ratings, International Gray Scale should be Wet -Dry - 4 AATCC 16-[98], Test Method for Colorfastness to Light AATCC 23-[99], Test Method for Colorfastness to Burnt Gas • AATCC 165-[93], Test Method for Colorfastness to Crocking: Carpets AATCC Crockmeter Method. 12.5 Wetfastness: Run with both hard water and alkaline detergent (ph9.5 test for 2 cycles). International Gray Scale rating for stain or color should be no less than 3 for 2 cycles. AATCC 107-[97], Test Method for Colorfastness to Water. 12.6 Static Resistance: Note: Some mainframe computer facilities may require lower kV ratings. • AATCC 134-[96],Test Method for Electrostatic Propensity of Carpets. • AATTC 13-1979 (Neolite) Electrostatic build-up in carpets. Static discharge is not to exceed 3.0 kV. (Note: Some mainframe computer facilities may require lower kV rating). 12.7 Flammability: ASTM 648-22 watts/cm critical radiant flux and/.or federal, state, or local requirements if applicable. • ASTM E648 Test Method Critical Radiant Flux of Floor -Covering Systems Using a Radiant Heat Energy Source. • ASTM E662 Test Method for Specific Optical Density of Smoke generated by Solid Materials. 12.7 Atmospheric Fading: AATCC Test Method 129. Ozone/AATCC • Test method 12 -1975 -Burnt Gas. Minimum shade rating after two cycles in each test should be no less than internal Gray Scale Rating of 4. • AATCC109-[97], Test Method for Colorfastness to Ozone in the Atmosphere under Low Humidity. 12.8 Stain Resistance: Red dye 40 should be released by water only after exposure to 150,000+ cycles in a tetrapod walker and after sample is allowed to soak in 10:1 solution of water and ammonia. Topical stain treatments are not preferred but may be acceptable. 12.9 Appearance Retention Rating: ASTM 5252 Hexapod Test 12,000 cycles; used in tandem with CRI Grading Scale as follows: • 3.5 And Higher — Severe Wear Rating • 3.1-3.4 — Heavy Wear Rating • 2.5 — 2.9 Moderate Wear Rating • Severe Wear Rating required of all product submittals. 13. INSTALLATION REQUIREMENTS 13.1 All Contractors working at the Eligible Agencies are required to sign in with the designated representative. Upon completion of the days work, vendors are required to sign out with designated representative. A maximum of 48 hours turnaround service for all requests for quote measurements (faxed/emailed to Buyer) is required. All measurements will be from a physical site. Contact the agency for specific date, time and location directions. 13.2 Once the measurement document is received, the contractor shall schedule an on-site measurement meeting with the requesting agency. The eligible agency contact is the contractor's first line of contact for scope of the project, timelines and scheduling, coordination of resources and any scheduling changes or issues. Good communication is imperative. The contractor shall provide the eligible agency with a color coded measurement sheet for each job. It is the responsibility of the contractor to make sure all chargeable items are listed on the sheet. No cost increase will be accepted at a later date due to contractor error. 13.3 The contractor shall provide documentation for the proposed lay -outs for installation approval of carpet drops and seaming diagrams as follows: 13.3.1 For carpeted areas, submit shop drawings showing installation of carpeting, seam diagram, pattern direction, necessary installation accessories; show the location of different patterns or styles of carpet. If mixed fiber types are used on the areas shown, the fiber type must be clearly identified to facilitate future recycling. The contractor will supply reproducible prints upon request to facilitate shop drawing preparation and show locations of any threshold conditions. E T Scope of Work Q State of Arizona PAGE F State Procurement Office 6 N Solicitation No.: RFP ADSPO12-00002054 9 100 N.15th Ave., Suite 201 Phoenix, AZ 85007 Description: Commercial Flooring Products and Services OF 47 12.7 Flammability: ASTM 648-22 watts/cm critical radiant flux and/.or federal, state, or local requirements if applicable. • ASTM E648 Test Method Critical Radiant Flux of Floor -Covering Systems Using a Radiant Heat Energy Source. • ASTM E662 Test Method for Specific Optical Density of Smoke generated by Solid Materials. 12.7 Atmospheric Fading: AATCC Test Method 129. Ozone/AATCC • Test method 12 -1975 -Burnt Gas. Minimum shade rating after two cycles in each test should be no less than internal Gray Scale Rating of 4. • AATCC109-[97], Test Method for Colorfastness to Ozone in the Atmosphere under Low Humidity. 12.8 Stain Resistance: Red dye 40 should be released by water only after exposure to 150,000+ cycles in a tetrapod walker and after sample is allowed to soak in 10:1 solution of water and ammonia. Topical stain treatments are not preferred but may be acceptable. 12.9 Appearance Retention Rating: ASTM 5252 Hexapod Test 12,000 cycles; used in tandem with CRI Grading Scale as follows: • 3.5 And Higher — Severe Wear Rating • 3.1-3.4 — Heavy Wear Rating • 2.5 — 2.9 Moderate Wear Rating • Severe Wear Rating required of all product submittals. 13. INSTALLATION REQUIREMENTS 13.1 All Contractors working at the Eligible Agencies are required to sign in with the designated representative. Upon completion of the days work, vendors are required to sign out with designated representative. A maximum of 48 hours turnaround service for all requests for quote measurements (faxed/emailed to Buyer) is required. All measurements will be from a physical site. Contact the agency for specific date, time and location directions. 13.2 Once the measurement document is received, the contractor shall schedule an on-site measurement meeting with the requesting agency. The eligible agency contact is the contractor's first line of contact for scope of the project, timelines and scheduling, coordination of resources and any scheduling changes or issues. Good communication is imperative. The contractor shall provide the eligible agency with a color coded measurement sheet for each job. It is the responsibility of the contractor to make sure all chargeable items are listed on the sheet. No cost increase will be accepted at a later date due to contractor error. 13.3 The contractor shall provide documentation for the proposed lay -outs for installation approval of carpet drops and seaming diagrams as follows: 13.3.1 For carpeted areas, submit shop drawings showing installation of carpeting, seam diagram, pattern direction, necessary installation accessories; show the location of different patterns or styles of carpet. If mixed fiber types are used on the areas shown, the fiber type must be clearly identified to facilitate future recycling. The contractor will supply reproducible prints upon request to facilitate shop drawing preparation and show locations of any threshold conditions. 13.3.2 A coordinator shall be assigned to the project and be able to visit the site as required by the eligible agency. The coordinator shall be available by phone during working hours and after hours if deemed necessary. The contractor shall submit a time frame for completion of each project to the eligible agency for approval and notify the eligible agency of any changes to the time frame. 13.4 All flooring installation shall be in accordance with the manufacturer instructions, using manufacturer recommended products. In the event of infractions that may void the warranty, the contractor shall carry the warranty (in writing) or present documentation from the manufacturer for acceptable substitutions of product. Any and all carpet tile projects must be installed so that the tiles are easily removed/replaced. The least amount of releasable adhesive should be used, while still enforcing the warranty. If conditions exist that full spread wet installed adhesive be used, it is the responsibility of the flooring contractor to advise the representative of the Agency BEFORE installation begins. It is the responsibility of the flooring contractor to educate craftsmen and plan accordingly for provisions of dry installations. 13.5 All scraps will be removed upon the completion of each project. The carpet is to be vacuumed thoroughly. Refer also to the Recycling/Environment Section. 13.6 Carpet in excess of one square yard and overages, (left over from installation), stock, etc. must be tagged with building, room number amount of yardage and fiber type. Contractor is to take the carpet to a location designated by the eligible agency. Pre -ordered stock must be delivered to the agency before project installation. 13.7 Contractor should perform a walk-through with the department contact upon project completion to correct any punch items. 13.8 The contractor should be on call after hours and be available for carpet installation evenings, early mornings and weekends, as required. Contractor must be able to meet tight schedules and handle emergency installations. The lead installer should be available by cell phone. 13.9 Carpet repairs must be done by a fully equipped installer within 72 hours from receipt of work order for repair. All repairs are to be coordinated with the agency contact. 13.10 Contractor shall be responsible for any damage as a result of carpet installation. This includes items such as furniture, fixtures, pipelines, plumbing, electrical, elevators, telephones, glue spillage, broken glass, wall/drywall, paint, personal property and any other damage or stolen property of The State of Arizona. Any damages should be reported daily to the eligible agency. 13.11 Contractor shall furnish all labor, materials, tools, equipment, transportation and any storage facility necessary to properly and satisfactorily install carpeting/floor covering per the Agency requirements. The State assumes no liability for any lost or stolen goods. 13.12 Installation non-performance and/or poor performance could result in termination of this contract. 13.13 Contractor is responsible for the proper disposal of all old carpeting and flooring materials. Contractor should properly store, secure and dispose of any flammable or hazardous materials used on the job. See recycling section. 13.14 In most cases, our preference is for "provide and install" services from the contractor. When circumstances necessitate a split in these services it is incumbent upon whoever provides the floor covering material to also supply the specified adhesives and/or products necessary to maintain the integrity of the installation and the warranty. E T Scope of Work Q State of Arizona PAGE F State Procurement Office 6 N Solicitation No.: RFP ADSP012-00002054 10 100 N.15th Ave., Suite 201 Phoenix, AZ 85007 Description: Commercial Flooring Products and Services OF 47 13.3.2 A coordinator shall be assigned to the project and be able to visit the site as required by the eligible agency. The coordinator shall be available by phone during working hours and after hours if deemed necessary. The contractor shall submit a time frame for completion of each project to the eligible agency for approval and notify the eligible agency of any changes to the time frame. 13.4 All flooring installation shall be in accordance with the manufacturer instructions, using manufacturer recommended products. In the event of infractions that may void the warranty, the contractor shall carry the warranty (in writing) or present documentation from the manufacturer for acceptable substitutions of product. Any and all carpet tile projects must be installed so that the tiles are easily removed/replaced. The least amount of releasable adhesive should be used, while still enforcing the warranty. If conditions exist that full spread wet installed adhesive be used, it is the responsibility of the flooring contractor to advise the representative of the Agency BEFORE installation begins. It is the responsibility of the flooring contractor to educate craftsmen and plan accordingly for provisions of dry installations. 13.5 All scraps will be removed upon the completion of each project. The carpet is to be vacuumed thoroughly. Refer also to the Recycling/Environment Section. 13.6 Carpet in excess of one square yard and overages, (left over from installation), stock, etc. must be tagged with building, room number amount of yardage and fiber type. Contractor is to take the carpet to a location designated by the eligible agency. Pre -ordered stock must be delivered to the agency before project installation. 13.7 Contractor should perform a walk-through with the department contact upon project completion to correct any punch items. 13.8 The contractor should be on call after hours and be available for carpet installation evenings, early mornings and weekends, as required. Contractor must be able to meet tight schedules and handle emergency installations. The lead installer should be available by cell phone. 13.9 Carpet repairs must be done by a fully equipped installer within 72 hours from receipt of work order for repair. All repairs are to be coordinated with the agency contact. 13.10 Contractor shall be responsible for any damage as a result of carpet installation. This includes items such as furniture, fixtures, pipelines, plumbing, electrical, elevators, telephones, glue spillage, broken glass, wall/drywall, paint, personal property and any other damage or stolen property of The State of Arizona. Any damages should be reported daily to the eligible agency. 13.11 Contractor shall furnish all labor, materials, tools, equipment, transportation and any storage facility necessary to properly and satisfactorily install carpeting/floor covering per the Agency requirements. The State assumes no liability for any lost or stolen goods. 13.12 Installation non-performance and/or poor performance could result in termination of this contract. 13.13 Contractor is responsible for the proper disposal of all old carpeting and flooring materials. Contractor should properly store, secure and dispose of any flammable or hazardous materials used on the job. See recycling section. 13.14 In most cases, our preference is for "provide and install" services from the contractor. When circumstances necessitate a split in these services it is incumbent upon whoever provides the floor covering material to also supply the specified adhesives and/or products necessary to maintain the integrity of the installation and the warranty. E T Scope of Work Q State of Arizona PAGE F State Procurement Office 6 N Solicitation No.: RFP ADSP012-00002054 11 100 N.15th Ave., Suite 201 Phoenix, AZ 85007 Description: Commercial Flooring Products and Services OF 47 E T Special Terms and Conditions 6 N State of Arizona State Procurement Office 100 N.15th Ave., Suite 20112 PAGE Solicitation No.: RFP ADSP012-00002054 Phoenix, AZ 85007 Description: Commercial Flooring Products and Services OF 47 DEFINITIONS ProcureAZ terms. ProcureAZ (https://procure.az.gov) is the State's online eProcurement system. Although the system was configured for the State's needs, the application is based on a commercial product known as BuySpeed Online, made by Periscope Holdings, Inc. As a result, some of the terms used in the BuySpeed Online application may be semantically different to similar terms used by the State. The following terms are as they appear in BuySpeed Online (and ProcureAZ), along with their corresponding meanings as they apply to the solicitation. "Actual Cost" means the total value of all items and their extended quantities. "Alternate Id / Alternate ID" is an optional field and means any additional data in order to link a solicitation or project to a related project, activity or program. "Attachments" means the section, as displayed in ProcureAZ, where the solicitation's electronic documents may be attached. Attachments as defined in the Uniform Instructions may include Solicitation Attachments, and/or as defined in the Uniform Terms and Conditions may include Contract Attachments. "Buyer" means procurement officer. "Catalog ID" is an optional data field and means an identification number to signify a group of related contracts. "Contact Instructions" means the contact information for the procurement officer. "Control Code" is an optional field and means an identification characteristic of the contract. "Days ARO" means the number of days 'After Receipt of Order' in which the customer will receive the ordered materials and/or services. "Department" means the customer for whom the solicitation or contract was conducted for. "Discount W is an optional field and means the standard discount applied to all items. "Entered Date" means the date that the contract was awarded, not necessarily the date the contract starts, e.g., Master Blanket/Contract Begin Date. "Fiscal Year" means the State Fiscal Year in which the solicitation was initiated. In the event of contract(s) resulting from the solicitation, the Fiscal Year shall remain unchanged. "Freight Terms" means how freight will be charged under the contract. "Header Information" means the section of the solicitation or contract, as displayed in ProcureAZ, containing solicitation or contract information other than the line items. "Item information" means the section of the solicitation or contract, as displayed in ProcureAZ, containing the solicitation or contract line items. "Location" means the specific customer, within the department, for whom the solicitation or contract was done. "Master Blanket/Contract Begin Date" means the date that the contract starts. "Master Blanket/Contract End Date" means the date that the contract ends. "Master Blanket/Contract End Date (Maximum)" means the date that the contract may be extended through if all allowable term extensions are exercised. "Master Blanket/Contract Vendor Distributor List" means the list of companies authorized to distribute the materials and/or services on behalf of the contractor under the contract. E T Special Terms and Conditions 6 N State of Arizona State Procurement Office 100 N.15th Ave., Suite 20113 PAGE Solicitation No.: RFP ADSP012-00002054 Phoenix, AZ 85007 Description: Commercial Flooring Products and Services OF 47 "Master Blanket Purchase Order" means the contract, indicating that the contract will be in effect over a stated period of time. "Minor Status" is an optional data field and means a type of status indicator of the contract in ProcureAZ. "Organization" means the state agency under whose authority the solicitation or contract was conducted. 'Payment Terms" means the period of time that payment is due after receipt of an accurate invoice. "Pcard Enabled" is an optional data field and means that customers are allowed to use their purchasing card (P -Card or Pcard) to order from the contract within the ProcureAZ system. "PO Acknowledgement" means the list the notifications to the contractor and their acknowledgements of these notices. "PO Type" means the period of time that the contract is in place, either a one-time transaction, Open Market, or for a stated period of time, Blanket. "Print Dest Detail" is an optional data field and means a print format applicable to orders under the contract. "Print Format" means the format of the solicitation or contract print output. "Project No." is an optional field and means an identification characteristic of the contract. "Purchase Order" means contract. "Purchase Order Number" means the contract's identification number. "Purchaser" means procurement officer. "Receipt Method" means the method by which materials and/or services under the contract are received, either by amount spent, Dollar, or by item units, Quantity. "Release Number" means the order number of each order under the contract. The Master Blanket/Contract will always reflect a zero "0" release number. "Release Type" means the process that orders under the contract are subject to within ProcureAZ, requiring approval on an order -by -order basis, e.g., Standard Releases or not requiring approval, e.g., Direct Release. "Retainage W is an optional field and means the amount of the contract's value that is retained. "Shipping Method" means the method of shipping to be used under the contract. "Shipping Terms" means the point where the contractor will ship the materials and/or services to, and if accepted, the point when responsibility and title passes from the contractor to the state. "Short Description" means the contract' title. "Status" means the availability of the contract within ProcureAZ for ordering, e.g., Sent status. "Tax Code", if applicable, means the amount of taxes, expressed as a percentage, to be added to all items purchased under the contract. As items may be subject to differing tax rates, this field may be blank. "Type Code" means the category of customers that may use any resulting contract(s). E.g., Single -Agency, Multi -Agency or Statewide. "Vendor" means contractor. E T Special Terms and Conditions 6 N State of Arizona State Procurement Office 100 N.15th Ave., Suite 20114 PAGE Solicitation No.: RFP ADSP012-00002054 Phoenix, AZ 85007 Description: Commercial Flooring Products and Services of 47 2 CONTRACT 2.1 The contract between the State of Arizona and the Contractor shall consist of the solicitation as amended, any requests for clarifications and/or best and final offers, the proposal submitted by the Contractor, their responses to any requests for clarifications and/or their best and final offer. In the event of a conflict in language between the documents referenced above, the provisions and requirements set forth and/or referenced in the solicitation as amended shall govern. However, the State reserves the right to clarify any contractual requirement in writing, and such written clarification shall govern in case of conflict with the applicable requirements stated in the solicitation as amended or the Contractor's proposal. In all other matters not affected by the written clarification, if any, the solicitation shall govern. Only the Procurement Officer or his/hers authorized designee is authorized to change or amend the specific terms, conditions or provisions of the agreement. 2.2 The State's primary contact for this solicitation and resultant contracts shall be listed in the contract header information found in the State's eProcurement System, ProcureAZ. 2.3. Contract Restructure. The State may clarify any Contract following award. This clarification shall not substantially alter the contents of the Contract, but shall only edit and reformat the Contract in a manner that will facilitate ease of use, contract administration, and concurrence of the Parties. 3 ELIGIBLE AGENCIES This contract shall be for the use of all State of Arizona departments, agencies, commissions and boards. In addition, eligible universities, political subdivisions and nonprofit educational or public health institutions may participate at their discretion. In order to participate in this contract, a university, political subdivision, or nonprofit educational or public health institution shall have entered into a Cooperative Purchasing Agreement with the Department of Administration, State Procurement Office as required by Arizona Revised Statutes §41-2632. 4 CONTRACT TYPE The contract shall be Firm Fixed Pricing. 5 TERM OF THE CONTRACT The contract shall begin upon the date of Contract award and shall continue for a term of one (1) year, unless terminated or extended in accordance to the terms of this contract. 6 CONTRACT RENEWAL The contract shall not bind nor purport to bind, the State for any contractual commitment in excess of the original contract period. The State reserves the right, upon mutual agreement between the State and the Contractor, to renew the contract for one-year periods or a portion thereof with a maximum aggregate contract term of 5 years. 7 ESTIMATED QUANTITIES (CONSIDERABLE) The state anticipates considerable activity resulting from contracts that will be awarded as a result of this solicitation; however, no commitment of any kind is made concerning quantities actually acquired and that fact should be taken into consideration by each potential contractor. ADMINISTRATIVE FEE E T Special Terms and Conditions 6 N State of Arizona State Procurement Office 100 N.15th Ave., Suite 20115 PAGE Solicitation No.: RFP ADSP012-00002054 Phoenix, AZ 85007 Description: Commercial Flooring Products and Services of 47 8.1 Contractor shall pay an Administrative Fee to the State in the amount of one percent (1%) of the total contract sales. The Administrative Fee is calculated based on all sales transacted under the contract, minus all taxes and any returns or credits. The Administrative Fee shall not be charged directly to the customer, e.g., as a separate line item, a fee or a surcharge, but shall be included in the contract's unit prices. The Administrative Fee shall be submitted, along with a Quarterly Usage Report documenting all contract sales, to the State Procurement Office within thirty (30) days following the end of each calendar quarter. For more information on the Quarterly Usage Report or the Administrative Fee, its calculation, submission or use, see the State Procurement Office's web site at http://spo.az.gov/Contractor Resources/Admin Fee. 8.2 At its option, the State may limit the applicability of the Administrative Fee to contract sales from some customers and not to others, e.g., fee is only applicable to sales from members of the State Purchasing Cooperative and not sales to State Agencies. See the State's website (above) form more information in this regard. The State will provide thirty (30) days written notice before exercising or changing this option. 8.3 Failure to remit Administrative fees in a timely manner or remit fees inconsistent with the contract's requirements may result in the State exercising any recourse available under the contract including a third party audit of all contract activity. Should an audit be required by the State, the contractor shall reimburse the State for all costs associated with the audit up to $5,000 or one (1 %) percent of the contract's estimated annual value, whichever is higher 9 VOLUME SALES REPORT The contractor shall furnish the State an annual report delineating the spend activity under the contract. This report shall be submitted electronically and in a format approved in advance in writing by the State. The Contractor shall not alter or modify the format of the reports unless approved by the State. The volume sales report shall be submitted annually 30 days before the end of the contract term and at a minimum, it shall disclose the following: • Eligible Agency Name • Contract Number • Contractor Name • Purchase Order Number • Designation of P -Card used as payment method (Yes or No) • Order Date • Invoice Date • Invoice Number • Product Description, Labor or Services • Product Category (e.g. "carpet", "vinyl flooring") • Contract Price (per yard, foot, etc) • Quantity Ordered • Extended Total Price 10 NON-EXCLUSIVE CONTRACT This contract has been awarded with the understanding and agreement that it is for the sole convenience of the State of Arizona. The State reserves the right to obtain like goods or services from another source when necessary. Off -contract purchase authorization(s) may be approved by either the agency (within an agencies E T Special Terms and Conditions 6 N State of Arizona State Procurement Office 100 N.15th Ave., Suite 20116 PAGE Solicitation No.: RFP ADSP012-00002054 Phoenix, AZ 85007 Description: Commercial Flooring Products and Services of 47 delegated authority) or by the State Procurement Office. Approvals shall be at the exclusive discretion of the State and shall be final. Off -contract procurement shall be consistent with the Arizona Procurement Code. 11 LICENSES Contractor shall maintain in current status all Federal, State and Local licenses and permits required for the operation of a business conducted by the contractor. 12 DEFECTIVE PRODUCTS All defective products shall be replaced and exchanged by the contractor. The cost of transportation, unpacking, inspection, repacking, reshipping or other like expenses shall be paid by the contractor. All replacement products must be received by the State within ten (10) days of initial written notification unless otherwise agreed to by the eligible Agency. 13 ORDERING Any commodities or services to be furnished under this contract shall be ordered by issuance of purchase orders by the eligible Agency. Such orders may be issued from effective date of contract award. All purchase orders are subject to the terms and conditions of this contract. In the event of conflict between a purchase order and this contract, the contract shall control. All purchase orders shall cite this contact number. 14 DELIVERY 14.1 All products shall be shipped and packaged in accordance with standard, commercially acceptable methods and shipped in a manner which will enable the receiving person(s) to easily inspect the shipment against the packing slip. All orders shall be delivered to the Agency within four (4) to six (6) weeks after receipt of order (ARO) unless otherwise negotiated. Upon request, the Contractor shall provide written confirmation of negotiated alternate delivery date. Also upon request, Contractor shall provide written, dated confirmation that materials have been ordered from the manufacturer. The ordering Agency shall not be required to accept late deliveries and will make the final determination of whether or not to accept late deliveries. Failure to deliver by the date and time agreed upon may be grounds for cancellation of the order. 14.2 The Contractor shall have the ability to offer expedited or "rush" delivery and installation upon request of the Authorized User. Expedited or "rush" delivery and installation is considered between two (2) and three (3) weeks ARO. Costs associated with expedited or "rush" delivery and installation must be negotiated with the ordering Agency prior to order. However, expedited or "rush" deliveries and installations caused by an error or delay on the part of the Contractor shall be at no additional cost to the ordering Agency. 15 RETURNS Credits for returned products shall be made as soon as practicable and in full upon the Contractor's receipt of returned goods. The Contractor shall bear all shipping and insurance costs related to product returns and shall be liable for any damages to the product that occurs during the return process, unless caused by fault or negligence of the ordering Agency. 16 SHIPMENTS, DUPLICATES AND OVER -SHIPMENTS E T Special Terms and Conditions 6 N State of Arizona State Procurement Office 100 N.15th Ave., Suite 20117 PAGE Solicitation No.: RFP ADSP012-00002054 Phoenix, AZ 85007 Description: Commercial Flooring Products and Services of 47 Upon notification by the State of a duplicate or over -shipment, item(s) shall be removed at the Contractor's expense. If such item(s) are not removed within thirty (30) calendar days of written notification by the State, the State reserves the right to dispose of them as its own property and shall not be held liable for the cost. 17 SUBCONTRACTORS The Contractor shall be responsible for Contract performance when subcontractors are used. However, when subcontractors are used, they must abide by all terms and conditions of the Contract. If subcontractors are used, the Contractor must clearly explain their participation. The State reserves the right to approve the participation of subcontractors in the fulfillment of the Contract. 18 BILLING 18.1 All billing notices or invoices shall be sent to the eligible using agency whose address appears on the contract release order/purchase order as the 'bill to address' and show pricing and terms and conditions of the Contract. All invoices shall be itemized and contain the following information, at a minimum: • Contract Number • Eligible Agency • Remit -to Address • Purchase Order Number • Invoice Number • Date of Order • Contractor's Name • Complete Product/Service Description(s) • Contract Price (per square yard, foot, etc) • Invoice Total 18.2 Contractors shall not invoice service fees or additional costs to any Authorized Users during the term of the Contract. Such additional costs/fees not allowed include, but are not limited to, the following: • Delivery location fees • Small order/"minimum order" fees unless specified by the mill/manufacturer • "Special order" fees • Return fees for Contractor's error (e.g. restocking fees) • Fees for quotes and/or drawings • Any charge that is not identified in current price lists for all products, labor, related services or supplementary materials unless agreed to in advance by the Authorized User. 18.3 In the event of a price change between the date of order and the date of delivery and/or installation, Contractor shall charge the lower price. 19 ONLINE CATALOG AND ELECTRONIC ORDERING SYSTEM (PUNCH -OUT) (OPTIONAL) If the Contractor has punch -out capability, the following conditions shall apply: 19.1 The Contractor shall make available an online catalog to allow authorized users to make purchase from this contract through the State's eProcurement System (ProcureAZ). The contractor shall have a secured website for placing online orders. The features and functions of any online ordering catalog that is created for use by the State under this contract shall include but shall not be limited to the following: 0 Access by standard web browsers E T Special Terms and Conditions 6 N State of Arizona State Procurement Office 100 N.15th Ave., Suite 20118 PAGE Solicitation No.: RFP ADSP012-00002054 Phoenix, AZ 85007 Description: Commercial Flooring Products and Services of 47 • Product information such as unit of measure, item status, price description and photos • Item status inquiry functionality that provides stock availability • Order tracking • Help functionality • Reflect current catalog / price list and contract pricing • Restricted to only those items that may be purchased under this contract that are within the general product categories establish by this contract • Shall not include any items that are specifically excluded from this contract. 19.2 Access. The Contractor shall provide access to and interconnectivity with ProcureAZ for the purpose of allowing authorized State system users to "Punch -Out" of the State's eProcurement system, and select contract products and services directly from the Contractor's website, and return to the State's system with pre -populated order details. Contractor shall cooperate with the State's system provider in the establishment and ongoing operations of their Punch -Out connection. 19.3 Timeframe. The "Punch -Out" capability shall be functional within the first six months of the contract begin date. 19.4 The cost associated with the Contractor's Punch -Out set-up, maintenance and support shall be borne by the Contractor. 20. PRICE INCREASES 19.1 The State may review a fully documented request for a price increase only at the time of contract extension. With the request, the Contractor shall provide a signed notification letter on company letterhead detailing the effective date of the increase, the amount of the increase, and any information necessary to understand and fully implement the price change. All written requests for price adjustments made by the contractor shall be submitted 60 to 90 days prior to the anniversary or contract renewal date. 19.2 Price increases shall be limited to include only fully documented cost increases incurred by the Contractor. As a condition of price increase request approval, the Contractor shall submit manufacturer I invoices and other available forms of cost documentation to support any price increase. Price increases shall be limited to and cannot exceed the Contractor's price as described in the pricing sheet and shall remain fixed for the entire Contract term (i.e. initial term and all mutually agreed upon renewals). 19.3 All price adjustments will be implemented by a formal contract amendment. The State shall determine whether the requested price increase or an alternate option is in the best interest of the State. The price increase adjustment, if approved, shall be effective upon the effective date of the contract extension. 21 PRICE REDUCTIONS Price reductions may be submitted in writing to the state for consideration at any time during the contract period. The State may always accept lower pricing. Additionally, the contractor shall offer the state a price reduction on the contract product(s) concurrent with a published price reduction made to other customers. The state at its own discretion may accept a price reduction. Price reductions shall include the following: • A formal announcement from the manufacturer that the cost of the contract product has been reduced. • Documentation, i.e., published cost lists, from the manufacturer showing, to the satisfaction of the state, the actual cost reduction. • Documentation showing that the published cost reductions have been offered to other distributors. E T Special Terms and Conditions 6 N State of Arizona State Procurement Office 100 N.15th Ave., Suite 20119 PAGE Solicitation No.: RFP ADSP012-00002054 Phoenix, AZ 85007 Description: Commercial Flooring Products and Services of 47 22 SALES PROMOTIONS 22.1 In addition to decreasing contract pricing in accordance with the provision entitled price reductions, the contractor may conduct sales promotions involving specific products or groups of products specified herein for specified time periods. If electing to exercise this provision the contractor shall submit: • A formal request that identifies the affected contract product or product lines • The promotional price vs. the existing contract price • The start and end date of the sales promotion 22.2 Approval shall be in the form of a contract amendment. Pricing shall be available to all eligible agencies through the dates specified in the request. Upon approval the contractor shall provide conspicuous notice of the promotion. 23 PRODUCT DISCONTINUANCE The State may award contracts for particular products and/or product lines of materials as a result of this solicitation. In the event that the manufacturer discontinues a product or product line, the State at its sole discretion may allow the contractor to provide a substitute for the discontinued item. The contractor shall request permission to substitute a new product or product line and provide the following: • A formal announcement from the manufacturer that the product or product line has been discontinued. • Documentation from the manufacturer that names the replacement product or product line. • Documentation that provides clear and convincing evidence that the replacement meets or exceeds all specifications required by the original solicitation. • Documentation confirming that the price for the replacement is the same as or less than the discontinued product. 24 NEW PRODUCTS The State, at its sole discretion, may allow new products announced by manufactures represented on the contract to be incorporated. The request may be submitted at any time during the contract period and shall be supplemented with the following information. Failure to supply any of the following information with the request shall result in the State not considering the request. • A formal announcement from the manufacturer stating that the product(s) are new and were not available at the time of contract award. • Documentation from the manufacturer that cites the effected products by item number and description. • Documentation that provides clear evidence that the new products are those that are within the awarded contract product. NO OTHER PRODUCTS WILL BE ALLOWED. • That states prices at which sales are currently or were last made to a significant number of category of buyers or buyers constituting the general buying public for the materials or supplies involved and that will be sold at the existing discount (percents %) form list price as existing products. Approval shall be in the form of a contract amendment and shall become effective on the date specified in the amendment. Upon approval by the State, the contractor shall make available all catalog/price list updates to all eligible agencies at no additional cost to the State. E T Special Terms and Conditions 6 N State of Arizona State Procurement Office 100 N.15th Ave., Suite 20120 PAGE Solicitation No.: RFP ADSP012-00002054 Phoenix, AZ 85007 Description: Commercial Flooring Products and Services of 47 25 WARRANTY 25.1 The Contractor shall guarantee its products to be free from defect in materials and workmanship, given normal use and care, over the period of the applicable manufacturer's warranty. Manufacturer's warranties are the sole responsibility of the manufacturer and must be official and standard (not customized) documents that are signed by a manufacturer's representative. Upon request, the Contractor shall provide warranty information (i.e. wear and stain resistance, warranty in years and any additional warranty information) to the Authorized User within ten (10) business days from the date of installation. For all carpet products, the Contractor shall honor a minimum warranty of ten (10) years from the date of installation given normal use conditions, or the manufacturer's standard warranty, whichever is greater. All modular carpet tile products shall be warranted against cupping, dishing or doming for a minimum of ten (10) years from the date of installation or the manufacturer's standard warranty, whichever is greater. For all other products, the Contractor shall honor the manufacturer's standard warranty from the date of installation, at a minimum. 25.2 As agreed upon with the Authorized User, the Contractor shall repair and/or replace without charge (including freight both ways) to Authorized Users any product or part thereof that proves to be defective or fails within the warranty period as specified. The Contractor shall replace and/or repair, without charge, any flooring product for a minimum period of two (2) year from the date of installation if the defects are attributed to defective or improper installation techniques. The Contractor shall coordinate and facilitate any replacement or repairs of flooring products under warranty coverage with the Authorized User upon notification of a warranty issue. 26 CONTRABAND Any person who takes into or out of, or attempts to take into or out of a correctional facility or the grounds belonging to or adjacent to a correctional facility, any item not specifically authorized by the correctional facility shall be prosecuted under the provisions of the Arizona Revised Statutes. All persons, including employees and visitors, entering upon these confines are subject to routine searches of their person, vehicles, property of packages. 26.1 DEFINITION - A.R.S. § 13-2501 Contraband means any dangerous drug, narcotic drug, intoxication liquor of any kind, deadly weapon, dangerous instrument, explosive or any other article whose use or possession would endanger the safety, security, or preservation of order in a correctional institution or any person therein. (Any other article includes any substance which could cause abnormal behavior, i.e. marijuana, nonprescription medication, etc.) 26.2 PROMOTING PRISON CONTRABAND - A.R.S. § 13-2505 1. A person, not otherwise authorized by law, commits promoting prison contraband: A. By knowingly taking contraband into a correctional facility or the grounds of such a facility; or B. By knowingly conveying contraband to any person confined in a correctional facility; or C. By knowingly making, obtaining or possessing contraband while being confined in a correctional facility. 2. Promoting prison contraband is a Class 5 felony. 27 PROTECTION OF FACILITIES AND GROUNDS The contractor shall provide the services contained herein in such a manner that does not result in damage to State and eligible using agency facilities, grounds, landscaping, utilities, or structures. In the event that damage does occur during the performance of this contract, the contractor shall repair or replace the damage at no cost to the State or eligible using agency as specified. E T Special Terms and Conditions 6 N State of Arizona State Procurement Office 100 N.15th Ave., Suite 20121 PAGE Solicitation No.: RFP ADSP012-00002054 Phoenix, AZ 85007 Description: Commercial Flooring Products and Services of 47 Should the contractor fail or refuse to make proper repairs or replacements, the contractor shall be liable for the cost thereof which may be deducted from unpaid invoices or by any other means provided by law. Any and all equipment (containers) supplied by the contractor(s) for use by an eligible using agency shall remain the property of the contractor. The State shall be under no obligation to the contractor in regards to any restoration or rehabilitation of the contractor's premise or property during the contract term or after the final contract expiration date. 27 MATERIAL SAFETY DATA SHEETS (MSDS) If any item(s) on any Contract order is a hazardous chemical, as defined under OSHA 29 CFR 1910.1200, the Contractor shall include the appropriate Material Safety Data Sheet(s) with the initial shipment and with the first shipment after a Material Safety Data Sheet is updated. The Contractor shall send the initial or updated Material Safety Data Sheet(s) with a complete container, partial container or single product. The Contractor, distributor or manufacturer may make access to Material Safety Data Sheets available online via their website, however, Material Safety Data Sheets must be provided as stated herein, regardless of online availability, to meet United States Department of Labor, Occupational Safety and Health Administration (OSHA) requirements. 28 RISK AND LIABILITY 28.1 INDEMNIFICATION: Contractor shall indemnify, defend, save and hold harmless the State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees (hereinafter referred to as "Indemnitee") from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys' fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as "Claims") for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of, or recovered under, the Workers' Compensation Law or arising out of the failure of such contractor to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by Contractor from and against any and all claims. It is agreed that Contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the State of Arizona, its officers, officials, agents and employees for losses arising from the work performed by the Contractor for the State of Arizona. This indemnity shall not apply if the contractor or sub-contractor(s) is/are an agency, board, commission or university of the State of Arizona. 28.2 INSURANCE REQUIREMENTS: Contractor and subcontractors shall procure and maintain until all of their obligations have been discharged, including any warranty periods under this Contract, are satisfied, insurance against claims for injury to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. E T Special Terms and Conditions 6 N State of Arizona State Procurement Office 100 N.15th Ave., Suite 20122 PAGE Solicitation No.: RFP ADSP012-00002054 Phoenix, AZ 85007 Description: Commercial Flooring Products and Services of 47 The insurance requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. The State of Arizona in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this contract by the Contractor, its agents, representatives, employees or subcontractors, and Contractor is free to purchase additional insurance. A. MINIMUM SCOPE AND LIMITS OF INSURANCE: Contractor shall provide coverage with limits of liability not less than those stated below. 1. Commercial General Liability — Occurrence Form Policy shall include bodily injury, property damage, personal and advertising injury and broad form contractual liability coverage. • General Aggregate $1,000,000 • Products — Completed Operations Aggregate $ 500,000 • Personal and Advertising Injury $ 500,000 • Blanket Contractual Liability — Written and Oral $ 500,000 • Damage to Rented Premises $ 25,000 • Each Occurrence $ 500,000 a. The policy shall be endorsed to include the following additional insured language: "The State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor." Such additional insured shall be covered to the full limits of liability purchased by the Contractor, even if those limits of liability are in excess of those required by this Contract. b. Policy shall contain a waiver of subrogation endorsement in favor of the State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor. 2. Business Automobile Liability Bodily Injury and Property Damage for any owned, hired, and/or non -owned vehicles used in the performance of this Contract. • Combined Single Limit (CSL) $500,000 a. The policy shall be endorsed to include the following additional insured language: "The State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor, involving automobiles owned, leased, hired or borrowed by the Contractor." Such additional insured shall be covered to the full limits of liability purchased by the Contractor, even if those limits of liability are in excess of those required by this Contract. b. Policy shall contain a waiver of subrogation endorsement in favor of the State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor. b. Policy shall contain a severability of interests provision. E T Special Terms and Conditions 6 N State of Arizona State Procurement Office 100 N.15th Ave., Suite 20123 PAGE Solicitation No.: RFP ADSP012-00002054 Phoenix, AZ 85007 Description: Commercial Flooring Products and Services of 47 3. Worker's Compensation and Employers' Liability • Workers' Compensation Statutory • Employers' Liability Each Accident $ 100,000 Disease — Each Employee $ 100,000 Disease — Policy Limit $ 100,000 a. Policy shall contain a waiver of subrogation endorsement in favor of the State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor. b. This requirement shall not apply to: Separately, EACH contractor or subcontractor exempt under A.R.S. § 23-901, AND when such contractor or subcontractor executes the appropriate waiver (Sole Proprietor/Independent Contractor) form. B. ADDITIONAL INSURANCE REQUIREMENTS: The policies are to contain, or be endorsed to contain, the following provisions: 1. The State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees wherever additional insured status is required. Such additional insured shall be covered to the full limits of liability purchased by the Contractor, even if those limits of liability are in excess of those required by this Contract. 2. The Contractor's insurance coverage shall be primary insurance with respect to all other available sources. 3. Coverage provided by the Contractor shall not be limited to the liability assumed under the indemnification provisions of this Contract. C. NOTICE OF CANCELLATION: With the exception of (10) day notice of cancellation for non-payment of premium, any changes material to compliance with this contract in the insurance policies above shall require (30) days written notice to the State of Arizona. Such notice shall be sent directly to the Arizona Department of Administration, State Procurement Office, 100 N. 15th Ave., Suite 201, Phoenix, AZ 85007 and shall be sent by certified mail, return receipt requested. D. ACCEPTABILITY OF INSURERS: Insurance is to be placed with duly licensed or approved non -admitted insurers in the State of Arizona with an "A.M. Best" rating of not less that A- VII. The State of Arizona in no way warrants that the above -required minimum insurer rating is sufficient to protect the Vendor from potential insurer insolvency. E T Special Terms and Conditions 6 N State of Arizona State Procurement Office 100 N.15th Ave., Suite 20124 PAGE Solicitation No.: RFP ADSP012-00002054 Phoenix, AZ 85007 Description: Commercial Flooring Products and Services of 47 E. VERIFICATION OF COVERAGE: Contractor shall furnish the State of Arizona with certificates of insurance (ACORD form or equivalent approved by the State of Arizona) as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by the State of Arizona before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work under this Contract and remain in effect for the duration of the project. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal, is a material breach of contract. All certificates required by this Contract shall be sent directly to the Arizona Department of Administration, State Procurement Office, 100 N. 15th Ave., Suite 201, Phoenix, AZ 85007. The State of Arizona project/contract number and project description are to be noted on the certificate of insurance. The State of Arizona reserves the right to require complete, certified copies of all insurance policies required by this Contract at any time. DO NOT SEND CERTIFICATES OF INSURANCE TO THE STATE OF ARIZONA'S RISK MANAGEMENT DIVISION. F. APPROVAL: Any modification or variation from the insurance requirements in this Contract must have prior approval from the State of Arizona Department of Administration, Risk Management Division, whose decision shall be final. Such action will not require a formal contract amendment, but may be made by administrative action. G. EXCEPTIONS: In the event the Contractor or sub-contractor(s) is/are a public entity, then the Insurance Requirements shall not apply. Such public entity shall provide a Certificate of Self -Insurance. If the contractor or sub-contractor(s) is/are a State of Arizona agency, board, commission, or university then none of the above shall apply. E P 6 N Uniform Terms and Conditions State of Arizona State Procurement Office 100 N.15th Ave., Suite 20125 PAGE Solicitation No.: RFP ADSP012-00002054 Phoenix, AZ 85007 Description: Commercial Flooring Products and Services OF 47 UNIFORM TERMS AND CONDITIONS — VERSION 8 1. Definition of Terms As used in this Solicitation and any resulting Contract, the terms listed below are defined as follows: 1.1. Attachment' means any item the Solicitation requires the Offeror to submit as part of the Offer. 1.2. "Contract' means the combination of the Solicitation, including the Uniform and Special Instructions to Offerors, the Uniform and Special Terms and Conditions, and the Specifications and Statement or Scope of Work; the Offer and any Best and Final Offers; and any Solicitation Amendments or Contract Amendments. 1.3. "Contract Amendment' means a written document signed by the Procurement Officer that is issued for the purpose of making changes in the Contract. 1.4. "Contractor" means any person who has a Contract with the State. 1.5. "Days" means calendar days unless otherwise specified. 1.6. "Exhibit' means any item labeled as an Exhibit in the Solicitation or placed in the Exhibits section of the Solicitation. 1.7. "Gratuity" means a payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is received. 1.8. "Materials" means all property, including equipment, supplies, printing, insurance and leases of property but does not include land, a permanent interest in land or real property or leasing space. 1.9. "Procurement Officer" means the person, or his or her designee, duly authorized by the State to enter into and administer Contracts and make written determinations with respect to the Contract. 1.10. "Services" means the furnishing of labor, time or effort by a contractor or subcontractor which does not involve the delivery of a specific end product other than required reports and performance, but does not include employment agreements or collective bargaining agreements. 1.11. "Subcontract' means any Contract, express or implied, between the Contractor and another party or between a subcontractor and another party delegating or assigning, in whole or in part, the making or furnishing of any material or any service required for the performance of the Contract. 1.12. "State" means the State of Arizona and Department or Agency of the State that executes the Contract. 1.13. "State Fiscal Year" means the period beginning with July 1 and ending June 30. 2. Contract Interpretation 2.1. Arizona Law. The Arizona law applies to this Contract including, where applicable, the Uniform Commercial Code as adopted by the State of Arizona and the Arizona Procurement Code, Arizona Revised Statutes (A.R.S.) Title 41, Chapter 23, and its implementing rules, Arizona Administrative Code (A.A.C.) Title 2, Chapter 7. 2.2. Implied Contract Terms. Each provision of law and any terms required by law to be in this Contract are a part of this Contract as if fully stated in it. 2.3. Contract Order of Precedence. In the event of a conflict in the provisions of the Contract, as accepted by the State and as they may be amended, the following shall prevail in the order set forth below: 2.3.1. Special Terms and Conditions; 2.3.2. Uniform Terms and Conditions; 2.3.3. Statement or Scope of Work; 2.3.4. Specifications; E P 6 N Uniform Terms and Conditions State of Arizona State Procurement Office 100 N.15th Ave., Suite 20126 PAGE Solicitation No.: RFP ADSP012-00002054 Phoenix, AZ 85007 Description: Commercial Flooring Products and Services OF 47 2.3.5. Attachments; 2.3.6. Exhibits; 2.3.7. Documents referenced or included in the Solicitation. 2.4. Relationship of Parties. The Contractor under this Contract is an independent Contractor. Neither party to this Contract shall be deemed to be the employee or agent of the other party to the Contract. 2.5. Severability. The provisions of this Contract are severable. Any term or condition deemed illegal or invalid shall not affect any other term or condition of the Contract. 2.6. No Parole Evidence. This Contract is intended by the parties as a final and complete expression of their agreement. No course of prior dealings between the parties and no usage of the trade shall supplement or explain any terms used in this document and no other understanding either oral or in writing shall be binding. 2.7. No Waiver. Either party's failure to insist on strict performance of any term or condition of the Contract shall not be deemed a waiver of that term or condition even if the party accepting or acquiescing in the nonconforming performance knows of the nature of the performance and fails to object to it. 3. Contract Administration and Operation 3.1. Records. Under A.R.S. § 35-214 and § 35-215, the Contractor shall retain and shall contractually require each subcontractor to retain all data and other "records" relating to the acquisition and performance of the Contract for a period of five years after the completion of the Contract. All records shall be subject to inspection and audit by the State at reasonable times. Upon request, the Contractor shall produce a legible copy of any or all such records. 3.2. Non -Discrimination. The Contractor shall comply with State Executive Order No. 2009-09 and all other applicable Federal and State laws, rules and regulations, including the Americans with Disabilities Act. 3.3. Audit. Pursuant to ARS § 35-214, at any time during the term of this Contract and five (5) years thereafter, the Contractor's or any subcontractor's books and records shall be subject to audit by the State and, where applicable, the Federal Government, to the extent that the books and records relate to the performance of the Contract or Subcontract. 3.4. Facilities Inspection and Materials Testing. The Contractor agrees to permit access to its facilities, subcontractor facilities and the Contractor's processes or services, at reasonable times for inspection of the facilities or materials covered under this Contract. The State shall also have the right to test, at its own cost, the materials to be supplied under this Contract. Neither inspection of the Contractor's facilities nor materials testing shall constitute final acceptance of the materials or services. If the State determines non-compliance of the materials, the Contractor shall be responsible for the payment of all costs incurred by the State for testing and inspection. 3.5. Notices. Notices to the Contractor required by this Contract shall be made by the State to the person indicated on the Offer and Acceptance form submitted by the Contractor unless otherwise stated in the Contract. Notices to the State required by the Contract shall be made by the Contractor to the Solicitation Contact Person indicated on the Solicitation cover sheet, unless otherwise stated in the Contract. An authorized Procurement Officer and an authorized Contractor representative may change their respective person to whom notice shall be given by written notice to the other and an amendment to the Contract shall not be necessary. 3.6. Advertising, Publishing and Promotion of Contract. The Contractor shall not use, advertise or promote information for commercial benefit concerning this Contract without the prior written approval of the Procurement Officer. 3.7. Property of the State. Any materials, including reports, computer programs and other deliverables, created under this Contract are the sole property of the State. The Contractor is not entitled to a patent or copyright on those materials and may not transfer the patent or copyright to anyone else. The Contractor shall not use or release these materials without the prior written consent of the State. 3.8. Ownership of Intellectual Property. Any and all intellectual property, including but not limited to copyright, invention, trademark, trade name, service mark, and/or trade secrets created or conceived pursuant to or as a result of this contract and any related subcontract ("Intellectual Property"), shall be work made for hire and the State shall be considered the creator of such Intellectual Property. The agency, department, division, board or commission of the State of Arizona requesting the issuance of this contract shall own (for and on behalf of the State) the entire right, title and interest to the Intellectual Property throughout the world. Contractor shall notify the State, within thirty (30) days, of the creation of any Intellectual Property by it or its subcontractor(s). Contractor, on behalf of itself and any subcontractor(s), agrees to execute any and all document(s) necessary to assure ownership of the Intellectual Property vests in the State and shall take no affirmative actions that might have the effect of vesting all or part of the Intellectual Property in any entity other than the E P 6 N Uniform Terms and Conditions State of Arizona State Procurement Office 100 N.15th Ave., Suite 20127 PAGE Solicitation No.: RFP ADSP012-00002054 Phoenix, AZ 85007 Description: Commercial Flooring Products and Services OF 47 State. The Intellectual Property shall not be disclosed by contractor or its subcontractor(s) to any entity not the State without the express written authorization of the agency, department, division, board or commission of the State of Arizona requesting the issuance of this contract. 3.9. Federal Immigration and Nationality Act. The contractor shall comply with all federal, state and local immigration laws and regulations relating to the immigration status of their employees during the term of the contract. Further, the contractor shall flow down this requirement to all subcontractors utilized during the term of the contract. The State shall retain the right to perform random audits of contractor and subcontractor records or to inspect papers of any employee thereof to ensure compliance. Should the State determine that the contractor and/or any subcontractors be found noncompliant, the State may pursue all remedies allowed by law, including, but not limited to; suspension of work, termination of the contract for default and suspension and/or debarment of the contractor. 3.10 E -Verify Requirements. In accordance with A.R.S. § 41-4401, Contractor warrants compliance with all Federal immigration laws and regulations relating to employees and warrants its compliance with Section A.R.S. § 23-214, Subsection A. 3.11 Scrutinized Businesses. In accordance with A.R.S. § 35-391 and A.R.S. § 35-393, Contractor certifies that the Contractor does not have scrutinized business operations in Sudan or Iran. 3.12 Offshore Performance of Work Prohibited Any services that are described in the specifications or scope of work that directly serve the State of Arizona or its clients and involve access to secure or sensitive data or personal client data shall be performed within the defined territories of the United States. Unless specifically stated otherwise in the specifications, this paragraph does not apply to indirect or 'overhead' services, redundant back-up services or services that are incidental to the performance of the contract. This provision applies to work performed by subcontractors at all tiers. 4. Costs and Payments 4.1. Payments. Payments shall comply with the requirements of A.R.S. Titles 35 and 41, Net 30 days. Upon receipt and acceptance of goods or services, the Contractor shall submit a complete and accurate invoice for payment from the State within thirty (30) days. 4.2. Delive . Unless stated otherwise in the Contract, all prices shall be F.O.B. Destination and shall include all freight delivery and unloading at the destination. 4.3. Applicable Taxes. 4.3.1. Payment of Taxes. The Contractor shall be responsible for paying all applicable taxes. 4.3.2. State and Local Transaction Privilege Taxes. The State of Arizona is subject to all applicable state and local transaction privilege taxes. Transaction privilege taxes apply to the sale and are the responsibility of the seller to remit. Failure to collect such taxes from the buyer does not relieve the seller from its obligation to remit taxes. 4.3.3. Tax Indemnification. Contractor and all subcontractors shall pay all Federal, state and local taxes applicable to its operation and any persons employed by the Contractor. Contractor shall, and require all subcontractors to hold the State harmless from any responsibility for taxes, damages and interest, if applicable, contributions required under Federal, and/or state and local laws and regulations and any other costs including transaction privilege taxes, unemployment compensation insurance, Social Security and Worker's Compensation. 4.3.4. IRS W9 Form. In order to receive payment the Contractor shall have a current I.R.S. W9 Form on file with the State of Arizona, unless not required by law. 4.4. Availability of Funds for the Next State fiscal year. Funds may not presently be available for performance under this Contract beyond the current state fiscal year. No legal liability on the part of the State for any payment may arise under this Contract beyond the current state fiscal year until funds are made available for performance of this Contract. 4.5. Availability of Funds for the current State fiscal year. Should the State Legislature enter back into session and reduce the appropriations or for any reason and these goods or services are not funded, the State may take any of the following actions: 4.5.1. Accept a decrease in price offered by the contractor; 4.5.2. Cancel the Contract; or 4.5.3. Cancel the contract and re -solicit the requirements. E P 6 N Uniform Terms and Conditions State of Arizona State Procurement Office 100 N.15th Ave., Suite 20128 PAGE Solicitation No.: RFP ADSP012-00002054 Phoenix, AZ 85007 Description: Commercial Flooring Products and Services OF 47 5. Contract Changes 5.1. Amendments. This Contract is issued under the authority of the Procurement Officer who signed this Contract. The Contract may be modified only through a Contract Amendment within the scope of the Contract. Changes to the Contract, including the addition of work or materials, the revision of payment terms, or the substitution of work or materials, directed by a person who is not specifically authorized by the procurement officer in writing or made unilaterally by the Contractor are violations of the Contract and of applicable law. Such changes, including unauthorized written Contract Amendments shall be void and without effect, and the Contractor shall not be entitled to any claim under this Contract based on those changes. 5.2. Subcontracts. The Contractor shall not enter into any Subcontract under this Contract for the performance of this contract without the advance written approval of the Procurement Officer. The Contractor shall clearly list any proposed subcontractors and the subcontractor's proposed responsibilities. The Subcontract shall incorporate by reference the terms and conditions of this Contract. 5.3. Assignment and Delegation. The Contractor shall not assign any right nor delegate any duty under this Contract without the prior written approval of the Procurement Officer. The State shall not unreasonably withhold approval. Risk and Liability 6.1. Risk of Loss: The Contractor shall bear all loss of conforming material covered under this Contract until received by authorized personnel at the location designated in the purchase order or Contract. Mere receipt does not constitute final acceptance. The risk of loss for nonconforming materials shall remain with the Contractor regardless of receipt. 6.2. Indemnification 6.2.1. Contractor/Vendor Indemnification (Not Public Agency) The parties to this contract agree that the State of Arizona, its departments, agencies, boards and commissions shall be indemnified and held harmless by the contractor for the vicarious liability of the State as a result of entering into this contract. However, the parties further agree that the State of Arizona, its departments, agencies, boards and commissions shall be responsible for its own negligence. Each party to this contract is responsible for its own negligence. 6.2.2. Public Agency Language Only Each party (as 'indemnitor') agrees to indemnify, defend, and hold harmless the other party (as 'indemnitee') from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as 'claims') arising out of bodily injury of any person (including death) or property damage but only to the extent that such claims which result in vicarious/derivative liability to the indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of the indemnitor, its officers, officials, agents, employees, or volunteers." 6.3. Indemnification - Patent and Copyright. The Contractor shall indemnify and hold harmless the State against any liability, including costs and expenses, for infringement of any patent, trademark or copyright arising out of Contract performance or use by the State of materials furnished or work performed under this Contract. The State shall reasonably notify the Contractor of any claim for which it may be liable under this paragraph. If the contractor is insured pursuant to A.R.S. § 41- 621 and § 35-154, this section shall not apply. 6.4. Force Majeure. 6.4.1 Except for payment of sums due, neither party shall be liable to the other nor deemed in default under this Contract if and to the extent that such party's performance of this Contract is prevented by reason of force majeure. The term "force majeure" means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Without limiting the foregoing, force majeure includes acts of God; acts of the public enemy; war; riots; strikes; mobilization; labor disputes; civil disorders; fire; flood; lockouts; injunctions -intervention -acts; or failures or refusals to act by government authority; and other similar occurrences beyond the control of the party declaring force majeure which such party is unable to prevent by exercising reasonable diligence. 6.4.2. Force Majeure shall not include the following occurrences: 6.4.2.1. Late delivery of equipment or materials caused by congestion at a manufacturer's plant or elsewhere, or an oversold condition of the market; 6.4.2.2. Late performance by a subcontractor unless the delay arises out of a force majeure occurrence in E P 6 N Uniform Terms and Conditions State of Arizona State Procurement Office 100 N.15th Ave., Suite 20129 PAGE Solicitation No.: RFP ADSP012-00002054 Phoenix, AZ 85007 Description: Commercial Flooring Products and Services OF 47 accordance with this force majeure term and condition; or 6.4.2.3. Inability of either the Contractor or any subcontractor to acquire or maintain any required insurance, bonds, licenses or permits. 6.4.3. If either party is delayed at any time in the progress of the work by force majeure, the delayed party shall notify the other party in writing of such delay, as soon as is practicable and no later than the following working day, of the commencement thereof and shall specify the causes of such delay in such notice. Such notice shall be delivered or mailed certified -return receipt and shall make a specific reference to this article, 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 when it has done so. The time of completion shall be extended by Contract Amendment for a period of time equal to the time that results or effects of such delay prevent the delayed party from performing in accordance with this Contract. 6.4.4. Any delay or failure in performance by either party hereto shall not constitute default hereunder or give rise to any claim for damages or loss of anticipated profits if, and to the extent that such delay or failure is caused by force majeure. 6.5. Third Party Antitrust Violations. The Contractor assigns to the State any claim for overcharges resulting from antitrust violations to the extent that those violations concern materials or services supplied by third parties to the Contractor, toward fulfillment of this Contract. Warranties 7.1. Liens. The Contractor warrants that the materials supplied under this Contract are free of liens and shall remain free of liens. 7.2. Quality. Unless otherwise modified elsewhere in these terms and conditions, the Contractor warrants that, for one year after acceptance by the State of the materials, they shall be: 7.2.1. Of a quality to pass without objection in the trade under the Contract description; 7.2.2. Fit for the intended purposes for which the materials are used; 7.2.3. Within the variations permitted by the Contract and are of even kind, quantity, and quality within each unit and among all units; 7.2.4. Adequately contained, packaged and marked as the Contract may require; and 7.2.5. Conform to the written promises or affirmations of fact made by the Contractor. 7.3. Fitness. The Contractor warrants that any material supplied to the State shall fully conform to all requirements of the Contract and all representations of the Contractor, and shall be fit for all purposes and uses required by the Contract. 7.4. Inspection/Testing. The warranties set forth in subparagraphs 7.1 through 7.3 of this paragraph are not affected by inspection or testing of or payment for the materials by the State. 7.5. Compliance With Applicable Laws. The materials and services supplied under this Contract shall comply with all applicable Federal, state and local laws, and the Contractor shall maintain all applicable license and permit requirements. 7.6. Survival of Rights and Obligations after Contract Expiration or Termination. 7.6.1. Contractor's Representations and Warranties. All representations and warranties made by the Contractor under this Contract shall survive the expiration or termination hereof. In addition, the parties hereto acknowledge that pursuant to A.R.S. § 12-510, except as provided in A.R.S. § 12-529, the State is not subject to or barred by any limitations of actions prescribed in A.R.S., Title 12, Chapter 5. 7.6.2. Purchase Orders. The Contractor shall, in accordance with all terms and conditions of the Contract, fully perform and shall be obligated to comply with all purchase orders received by the Contractor prior to the expiration or termination hereof, unless otherwise directed in writing by the Procurement Officer, including, without limitation, all purchase orders received prior to but not fully performed and satisfied at the expiration or termination of this Contract. 8. State's Contractual Remedies 8.1. Right to Assurance. If the State in good faith has reason to believe that the Contractor does not intend to, or is unable to perform or continue performing under this Contract, the Procurement Officer may demand in writing that the Contractor give a written assurance of intent to perform. Failure by the Contractor to provide written assurance within the number of Days specified in the demand may, at the State's option, be the basis for terminating the Contract under the Uniform Terms and E P 6 N Uniform Terms and Conditions State of Arizona State Procurement Office 100 N.15th Ave., Suite 20130 PAGE Solicitation No.: RFP ADSP012-00002054 Phoenix, AZ 85007 Description: Commercial Flooring Products and Services OF 47 Conditions or other rights and remedies available by law or provided by the contract. 8.2. Stop Work Order. 8.2.1. The State may, at any time, by written order to the Contractor, require the Contractor to stop all or any part, of the work called for by this Contract for period(s) of days indicated by the State after the order is delivered to the Contractor. The order shall be specifically identified as a stop work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. 8.2.2. If a stop work order issued under this clause is canceled or the period of the order or any extension expires, the Contractor shall resume work. The Procurement Officer shall make an equitable adjustment in the delivery schedule or Contract price, or both, and the Contract shall be amended in writing accordingly. 8.3. Non-exclusive Remedies. The rights and the remedies of the State under this Contract are not exclusive. 8.4. Nonconforming Tender. Materials or services supplied under this Contract shall fully comply with the Contract. The delivery of materials or services or a portion of the materials or services that do not fully comply constitutes a breach of contract. On delivery of nonconforming materials or services, the State may terminate the Contract for default under applicable termination clauses in the Contract, exercise any of its rights and remedies under the Uniform Commercial Code, or pursue any other right or remedy available to it. 8.5. Right of Offset. The State shall be entitled to offset against any sums due the Contractor, any expenses or costs incurred by the State, or damages assessed by the State concerning the Contractor's non -conforming performance or failure to perform the Contract, including expenses, costs and damages described in the Uniform Terms and Conditions. 9. Contract Termination 9.1. Cancellation for Conflict of Interest. Pursuant to A.R.S. § 38-511, the State may cancel this Contract within three (3) years after Contract execution without penalty or further obligation if any person significantly involved in initiating, negotiating, securing, drafting or creating the Contract on behalf of the State is or becomes at any time while the Contract or an extension of the Contract is in effect an employee of or a consultant to any other party to this Contract with respect to the subject matter of the Contract. The cancellation shall be effective when the Contractor receives written notice of the cancellation unless the notice specifies a later time. If the Contractor is a political subdivision of the State, it may also cancel this Contract as provided in A.R.S.§ 38-511. 9.2. Gratuities. The State may, by written notice, terminate this Contract, in whole or in part, if the State determines that employment or a Gratuity was offered or made by the Contractor or a representative of the Contractor to any officer or employee of the State for the purpose of influencing the outcome of the procurement or securing the Contract, an amendment to the Contract, or favorable treatment concerning the Contract, including the making of any determination or decision about contract performance. The State, in addition to any other rights or remedies, shall be entitled to recover exemplary damages in the amount of three times the value of the Gratuity offered by the Contractor. 9.3. Suspension or Debarment. The State may, by written notice to the Contractor, immediately terminate this Contract if the State determines that the Contractor has been debarred, suspended or otherwise lawfully prohibited from participating in any public procurement activity, including but not limited to, being disapproved as a subcontractor of any public procurement unit or other governmental body. Submittal of an offer or execution of a contract shall attest that the contractor is not currently suspended or debarred. If the contractor becomes suspended or debarred, the contractor shall immediately notify the State. 9.4. Termination for Convenience. The State reserves the right to terminate the Contract, in whole or in part at any time when in the best interest of the State, without penalty or recourse. Upon receipt of the written notice, the Contractor shall stop all work, as directed in the notice, notify all subcontractors of the effective date of the termination and minimize all further costs to the State. In the event of termination under this paragraph, all documents, data and reports prepared by the Contractor under the Contract shall become the property of and be delivered to the State upon demand. The Contractor shall be entitled to receive just and equitable compensation for work in progress, work completed and materials accepted before the effective date of the termination. The cost principles and procedures provided in A.A.C. R2-7-701 shall apply. 9.5. Termination for Default. 9.5.1. In addition to the rights reserved in the contract, the State may terminate the Contract in whole or in part due to the failure of the Contractor to comply with any term or condition of the Contract, to acquire and maintain all required E P 6 N Uniform Terms and Conditions State of Arizona State Procurement Office 100 N.15th Ave., Suite 20131 PAGE Solicitation No.: RFP ADSP012-00002054 Phoenix, AZ 85007 Description: Commercial Flooring Products and Services OF 47 insurance policies, bonds, licenses and permits, or to make satisfactory progress in performing the Contract. The Procurement Officer shall provide written notice of the termination and the reasons for it to the Contractor. 9.5.2. Upon termination under this paragraph, all goods, materials, documents, data and reports prepared by the Contractor under the Contract shall become the property of and be delivered to the State on demand. 9.5.3. The State may, upon termination of this Contract, procure, on terms and in the manner that it deems appropriate, materials or services to replace those under this Contract. The Contractor shall be liable to the State for any excess costs incurred by the State in procuring materials or services in substitution for those due from the Contractor. 9.6. Continuation of Performance Through Termination. The Contractor shall continue to perform, in accordance with the requirements of the Contract, up to the date of termination, as directed in the termination notice. 10. Contract Claims All contract claims or controversies under this Contract shall be resolved according to A.R.S. Title 41, Chapter 23, Article 9, and rules adopted thereunder. 11. Arbitration The parties to this Contract agree to resolve all disputes arising out of or relating to this contract through arbitration, after exhausting applicable administrative review, to the extent required by A.R.S. § 12-1518, except as may be required by other applicable statutes (Title 41). 12. Comments Welcome The State Procurement Office periodically reviews the Uniform Terms and Conditions and welcomes any comments you may have. Please submit your comments to: State Procurement Administrator, State Procurement Office, 100 North 15th Avenue, Suite 201, Phoenix, Arizona, 85007. E P 6 N Special Instructions to Offerors State of Arizona State Procurement Office 100 N.15th Ave., Suite 20132 PAGE Solicitation No.: RFP ADSP012-00002054 Phoenix, AZ 85007 Description: Commercial Flooring Products and Services OF 47 DEFINITIONS 1.1 ProcureAZ terms. ProcureAZ (https://procure.az.gov) is the State's online eProcurement system. Although the system was configured for the State's needs, the application is based on a commercial product known as BuySpeed Online, made by Periscope Holdings, Inc. As a result, some of the terms used in the BuySpeed Online application may be semantically different to similar terms used by the State. The following terms are as they appear in BuySpeed Online (and ProcureAZ), along with their corresponding meanings as they apply to the solicitation. "Allow Electronic Quote" means an indicator, signifying whether or not offers may be submitted in ProcureAZ. "Alternate Id" means a data field, in which may contain additional data in order to link a solicitation to a related project, activity or program. "Amendments" means solicitation amendments. "Attachments" means the section, as displayed in ProcureAZ, where the solicitation's electronic documents may be attached. "Available Date" means a data field, in which may contain the date that the solicitation was published. "Bid", depending on its use may mean solicitation or offer. For example, in the terms "Bid Solicitation" and "Bid Number", the term "Bid" means solicitation. In the terms "Bid Opening Date" and "Pre Bid Conference", "Bid" means offer. "Bid Method" means the type of solicitation process being conducted. "Bid Number" means the solicitation's identification number. "Bid Opening Date" means the date and time that offers are due. "Bid Solicitation" means solicitation. "Bill -to Address" means the department address where invoices occurring under any resulting contract may be billed. "Bulletin Description" means a data field, in which may contain additional information regarding the scope of the solicitation. "Buyer„ means procurement officer. "Department" means the customer for whom the solicitation is being done. "Description" means the solicitation's title. "Fiscal Year" means the State Fiscal Year in which the solicitation was initiated. "Header Information" means the section of the solicitation, as displayed in ProcureAZ, containing solicitation information other than the line items. "Info Contact" means a data field, in which may contain the contact information of a person to whom inquires are to be directed. "Item information" means the section of the solicitation, as displayed in ProcureAZ, containing the solicitation's line items. "Location" means the specific customer, within the department, for whom the solicitation is being done. "Organization" means the state agency under whose authority the solicitation is being conducted. "Pre Bid Conference" means pre -offer conference. "Print Format" means the format of the solicitation's print output. "Quote" means offer. "Required Date" means a data field, in which may contain the date that the materials, services or construction are needed by the state. "Ship -to Address" means the department address where materials, services or construction purchased under any resulting contract may be billed. "Type Code" means the category of customers that may use any resulting contract(s). E.g., Single -Agency, Multi -Agency or Statewide. "Purchaser" means procurement officer. E P 6 N Special Instructions to Offerors State of Arizona State Procurement Office 100 N.15th Ave., Suite 20133 PAGE Solicitation No.: RFP ADSP012-00002054 Phoenix, AZ 85007 Description: Commercial Flooring Products and Services of 47 2 PRE -OFFER CONFERENCE 2.1 A Pre -Offer Conference will be held on the date and time specified on ProcureAZ at the State Procurement Office. More information may be found on the State's e -Procurement system, ProcureAZ (https://procure.az.gov). 2.2 The purpose of the conference will be to clarify the contents of the solicitation in order to prevent any misunderstanding of the State of Arizona's position. Any doubt as to the requirements of the solicitation or any apparent omission or discrepancy should be presented to the State at the conference. The State of Arizona will then determine the appropriate action necessary, if any, and issue a written amendment to the solicitation if required. Oral statements or instructions will not constitute an amendment to the solicitation. Inquires may be submitted in writing in the Question and Answer (Q & A) section of the solicitation in ProcureAZ. 2.3 Persons with a disability may request a reasonable accommodation, such as receiving this document in an alternative format, by contacting the Procurement Officer of Record for this solicitation. Any requests should be made as early as possible to allow sufficient time to arrange for accommodation. Only official solicitation amendments issued by the State Procurement Office through ProcureAZ shall constitute a change to the solicitation. 3 INQUIRIES Any question about the specifications or other solicitation documents related to this Request for Proposal shall be directed to State Procurement Officer Cynthia L Tucker at cindy.tucker(a)azdoa.gov no later than five working days before the due date. Correspondence related to a solicitation should refer to the appropriate solicitation number, page and paragraph number. Only official solicitation amendments issued by the State Procurement Office through ProcureAZ shall constitute a change to the solicitation. 4 OFFER PREPARATION 4.1 Offer and Acceptance. Offers shall include a signed Offer and Acceptance form, as described in section 3.3 of the Uniform Instructions. The Offer and Acceptance Form shall be signed with an original signature by the person signing the Offer, and shall be submitted electronically on ProcureAZ. Failure to return an Offer and Acceptance Form may result in rejection of the Offer. 4.2 Acknowledgement of Solicitation Amendments. All Solicitation Amendments shall be acknowledged electronically prior to the Offer due date and time. Failure to acknowledge all Solicitation Amendments may result in rejection of the Offer. 4.3 Offer Forms. Offer shall include the following Offer Forms completed accurately, in the format provided and according to any instructions contained within the form. Failure to submit all forms below according to the Offer Form Instructions may result in the submitted proposal being determined to be non-responsive. • Signed Offer and Acceptance Form • Completed Attachment I or separate narrative prepared by Offeror — Questionnaire located on Page 44 of RFP. • Completed Attachment II — Pricing Instructions document located in attachment tab of ProcureAZ • Completed Attachment — Key Personnel document located in attachment tab of ProcureAZ • Completed Attachment — Subcontractors document located in attachment tab of ProcureAZ • Completed Attachment — Organizational Profile document in attachment tab of ProcureAZ 4.4 Pricing Submission E P 6 N Special Instructions to Offerors State of Arizona State Procurement Office 100 N.15th Ave., Suite 20134 PAGE Solicitation No.: RFP ADSP012-00002054 Phoenix, AZ 85007 Description: Commercial Flooring Products and Services of 47 Pricing information: Offerors shall complete Pricing Schedule Attachment II and provide all requested information according to the Attachment. o Product Pricing Information: Product pricing shall be a fixed price per unit of measure for all manufacturers' products offered. For all products, the fixed price shall represent the cost of installed flooring. Proposed product prices shall include installation, packaging, freight and fuel costs, insurance, charges for quotes, and installation/operation/maintenance manuals, samples and product literature. Most often the price is per square yard including labor for installation. Labor rates for services: The offeror shall provide labor rates/pricing for the various operations allowed under this RFP other than installation included in the price. These may include: removal operations for new installations, as well as those independent of new installations (e.g. removal of old, non -asbestos flooring from state premises); floor preparation operations; other non -routine operations; trim operations, etc. and repair operations for carpet and flooring damage (i.e. broken thresholds, base replacement, carpet patching and repairs). Line items listed in ProcureAZ: Offerors are to submit their pricing by completing Attachment II and uploading it to ProcureAZ. This spreadsheet allows for additional materials and services not found in the line item pricing in ProcureAZ. In addition offerors shall enter the unit of measure price for each line item in ProcureAZ for material and services. The Attachment spreadsheets allows for items not specifically itemized in ProcureAZ. Note: There is a space for the Offeror to list an equivalent brand, product line or services for consideration of this RFP. 5 SUBMISSION OF OFFER 5.1 Electronic Documents. The Solicitation document is provided in an electronic format. Any unidentified alteration or modification to any Solicitation documents, to any attachments, exhibits, forms, charts or illustrations contained herein shall be null and void. In those instances where modifications are identified, the original document published by the State shall take precedence. As provided in the Solicitation Instructions, Offerors are responsible for clearly identifying any and all changes or modifications to any Solicitation documents upon submission to the State. 5.2 Acceptable Formats. Offer electronic files shall be submitted in a format acceptable to the State. Acceptable formats include .DOC and .DOCX (Microsoft Word), .XLS and .XLSX (Microsoft Excel), .PPT and .PPTX (Microsoft PowerPoint) and .PDF (Adobe Acrobat). Other file formats may also be acceptable, including .ZIP, .MDB, .MDBX, .MPP, MPPX, .VSD, .JPG, .GIF, and .BMP. Offerors wishing to submit files in these or other formats shall submit an inquiry to the Procurement Officer. 5.3 ProcureAZ. Offers shall be submitted in an acceptable format, as described herein, using the State's online eProcurement application ProcureAZ (www. procure.az.gov). Submission of offers by means other than the ProcureAZ system will not be accepted. Prospective Offerors with questions in this regard shall contact the Procurement Officer prior to the Solicitations due date and time. 5.4 PROCUREAZ Offer Submission, Due Date and Time Offers in response to this solicitation shall be submitted within the State's eProcurement system, PROCUREAZ (https://procure.az.gov). Please be advised that utilizing ProcureAZ requires a certain level of technical competency that E P 6 N Special Instructions to Offerors State of Arizona State Procurement Office 100 N.15th Ave., Suite 20135 PAGE Solicitation No.: RFP ADSP012-00002054 Phoenix, AZ 85007 Description: Commercial Flooring Products and Services of 47 should be considered when selecting staff to work in the system. The successful submission of your offer in ProcureAZ is critical in order for the State to receive and evaluate your offer. Therefore, particular focus should be placed on the selection of staff given the responsibility for submitting your offer in ProcureAZ. Offers shall be received before the date/time listed in the solicitation's 'Bid Opening Date' field. Offers submitted outside PROCUREAZ, or those that are received after the date/time stated in the 'Bid Opening Date' field, shall be rejected. Questions in this regard shall be directed to the Procurement Officer or to the PROCUREAZ Help Desk (procure(a)azdoa.gov or 602-542-7600). EVALUATION 6.1 In accordance with the Arizona Procurement code § 41-2534, awards shall be made to the responsible offeror(s) whose proposal is determined in writing to be the most advantageous to the State based upon the evaluation criteria listed below. The evaluation factors are listed in their relative order of importance. • Method of Approach and Capacity of Offeror • Cost • Conformance to all Terms, Conditions and Instructions 6.2 Opening. Proposals received by the correct time and date will be opened and the name of each Offeror will be publically available. Proposals will not be subject to public inspection until after contract award. 6.3 Clarifications. Upon receipt and opening of proposals submitted in response to this solicitation, the State may request oral or written clarifications, including demonstrations or questions and answers, for the sole purpose of information gathering or of eliminating minor informalities or correcting nonjudgmental mistakes in proposals. Clarifications shall not otherwise afford the Offerors the opportunity to alter or make a material change in its proposal. 6.4 Discussions. As provided by A.A.C. R2 -7-C314, discussions may be conducted with offerors who submit offers determined to be reasonably susceptible of being selected for award. If discussions are conducted pursuant to A.A.C. R2- 7 -C314, the State shall issue a written request for best and final offers. Award may be made without discussions, therefore, offers shall be submitted complete and on most favorable terms. 6.5 Responsibility, Responsiveness and Acceptability. In accordance with A.R.S. 41-2534(G), and A.A.C. R2 -7-C312, State shall consider the following in determining offerors' responsibility as well as the responsiveness and acceptability of their proposals. Offerors may not be considered responsible if they have been debarred from the practice of their profession that would otherwise be necessary in the provision of goods and services under any resulting contract. Offerors may not be considered responsible if they have had a contract with the State, within the last three -years, that was terminated for cause, due to breach or similar failure to comply with the terms of any such contract. Offerors may also not be considered responsible if there is factual evidence of their frequent and reoccurring failure to satisfy the terms of their agreements and contractual relationships, both with the State or other government entities. Factual evidence shall consist of any documented vendor performance reports, customer complaints and/or negative references. Proposals may not be considered responsive and/or acceptable if they do not contain information sufficient to evaluate the proposal in accordance with the factors identified in the solicitation or other necessary proposal components. Necessary components include: an indication of the Offeror's intent to be bound, price proposal, solicitation amendments, bond and reference data as required. 6.6 Financial Stability. The Offeror must be financially stable and able to substantiate the financial stability of its company. If requested, current financial statements or other financial information deemed appropriate documenting past sales history must be provided within five (5) business days of request. The State reserves the right to request additional documentation from the Offeror and to request reports on financial stability from independent financial rating services. The State reserves the right to reject any Offeror who does not demonstrate financial stability sufficient for the scope of this contract award. E P 6 N Special Instructions to Offerors State of Arizona State Procurement Office 100 N.15th Ave., Suite 20136 PAGE Solicitation No.: RFP ADSP012-00002054 Phoenix, AZ 85007 Description: Commercial Flooring Products and Services of 47 6.7 Final Proposal Revisions. If discussions are conducted, the State shall issue a written request for Final Proposal Revisions. The request shall set forth the date, time and place for the submission of final proposal revisions. Final proposal revisions shall be requested only once, unless the State makes a determination that it is advantageous to conduct further discussions or change the solicitation requirements. 7 AWARD 7.1 Contract Document Consolidation. At its sole option, following any contract award(s) the State may consolidate the resulting contract documents. Examples of such consolidation would include (i) reorganizing solicitation documents and those components of the Contractor's Offer not pertaining to the Contract's operation; or (ii) excluding any components of the Contractor's Offer that were not awarded. Contract document consolidation shall not materially change the Contract. 7.2 Notice to Proceed. Contractors shall commence with the performance of the Contract upon receipt of a Notice to Proceed issued by the Procurement Officer or other authorized representatives as set forth in the Contract. Prior to receiving this notice, Contractors shall not commence any billable activities in the performance of the Contract. UNIFORM INSTRUCTIONS TO OFFERORS - VER 3-7-2011 Definition of Terms. As used in these Instructions, the terms listed below are defined as follows: "Attachment' means any item the Solicitation requires an Offeror to submit as part of the Offer. "Contract' means the combination of the Solicitation, including the Uniform and Special Instructions to Offerors, the Uniform and Special Terms and Conditions, and the Specifications and Statement or Scope of Work; the Offer and any Best and Final Offers; and any Solicitation Amendments or Contract Amendments. "Contract Amendment" means a written document signed by the Procurement Officer that is issued for the purpose of making changes in the Contract. "Contractor" means any person who has a Contract with the State. "Days" means calendar days unless otherwise specified. "Exhibit' means any item labeled as an Exhibit in the Solicitation or placed in the Exhibits section of the Solicitation. "Offer' means bid, proposal or quotation. "Offeror" means a vendor who responds to a Solicitation. "Procurement Officer" means the person, or his or her designee, duly authorized by the State to enter into and administer Contracts and make written determinations with respect to the Contract. "Solicitation" means an Invitation for Bids ("IFB"), a Request for Proposals ("RFP"), or a Request for Quotations ("RFQ"). "Solicitation Amendment' means a written document that is signed by the Procurement Officer and issued for the purpose of making changes to the Solicitation. "Subcontract" means any Contract, express or implied, between the Contractor and another party or between a subcontractor and another party delegating or assigning, in whole or in part, the making or furnishing of any material or any service required for the performance of the Contract. "State" means the State of Arizona and Department or Agency of the State that executes the Contract Inquiries 2.1. Duty to Examine. It is the responsibility of each Offeror to examine the entire Solicitation, seek clarification in writing (inquiries), and examine its Offer for accuracy before submitting the Offer. Lack of care in preparing an Offer shall not be grounds for modifying or withdrawing the Offer after the Offer due date and time, nor shall it give rise to any Contract claim. 2.2. Solicitation Contact Person. Any inquiry related to a Solicitation, including any requests for or inquiries regarding standards referenced in the Solicitation shall be directed solely to the Solicitation contact person. The Offeror shall not contact or direct inquiries concerning this Solicitation to any other State employee unless the Solicitation specifically identifies a person other than the Solicitation contact person as a contact. 2.3. Submission of Inquiries. The Procurement Officer or the person identified in the Solicitation as the contact for inquiries except at the Pre -Offer Conference, require that an inquiry be submitted in writing. Any inquiry related to a Solicitation shall refer to the appropriate Solicitation number, page and paragraph. Do not place the Solicitation number on the outside of the envelope containing that inquiry, since it may then be identified as an Offer and not be opened until after the Offer due date and time. The State shall consider the relevancy of the inquiry but is not required to respond in writing. 2.4. Timeliness. Any inquiry or exception to the solicitation shall be submitted as soon as possible and should be submitted at least seven days before the Offer due date and time for review and determination by the State. Failure to do so may result in the inquiry not being considered for a Solicitation Amendment. 2.5. No Right to Rely on Verbal Responses. An Offeror shall not rely on verbal responses to inquiries. A verbal reply to an inquiry does not constitute a modification of the solicitation. E T Uniform Instructions to Offerors Q State of Arizona Solicitation No.: ASSP013-00002054 PAGE 37 F 6 N State Procurement Office 100 N.15th Ave., Suite 201 Phoenix, AZ 85007 Description: Commercial Flooring Products and Services OF 47 UNIFORM INSTRUCTIONS TO OFFERORS - VER 3-7-2011 Definition of Terms. As used in these Instructions, the terms listed below are defined as follows: "Attachment' means any item the Solicitation requires an Offeror to submit as part of the Offer. "Contract' means the combination of the Solicitation, including the Uniform and Special Instructions to Offerors, the Uniform and Special Terms and Conditions, and the Specifications and Statement or Scope of Work; the Offer and any Best and Final Offers; and any Solicitation Amendments or Contract Amendments. "Contract Amendment" means a written document signed by the Procurement Officer that is issued for the purpose of making changes in the Contract. "Contractor" means any person who has a Contract with the State. "Days" means calendar days unless otherwise specified. "Exhibit' means any item labeled as an Exhibit in the Solicitation or placed in the Exhibits section of the Solicitation. "Offer' means bid, proposal or quotation. "Offeror" means a vendor who responds to a Solicitation. "Procurement Officer" means the person, or his or her designee, duly authorized by the State to enter into and administer Contracts and make written determinations with respect to the Contract. "Solicitation" means an Invitation for Bids ("IFB"), a Request for Proposals ("RFP"), or a Request for Quotations ("RFQ"). "Solicitation Amendment' means a written document that is signed by the Procurement Officer and issued for the purpose of making changes to the Solicitation. "Subcontract" means any Contract, express or implied, between the Contractor and another party or between a subcontractor and another party delegating or assigning, in whole or in part, the making or furnishing of any material or any service required for the performance of the Contract. "State" means the State of Arizona and Department or Agency of the State that executes the Contract Inquiries 2.1. Duty to Examine. It is the responsibility of each Offeror to examine the entire Solicitation, seek clarification in writing (inquiries), and examine its Offer for accuracy before submitting the Offer. Lack of care in preparing an Offer shall not be grounds for modifying or withdrawing the Offer after the Offer due date and time, nor shall it give rise to any Contract claim. 2.2. Solicitation Contact Person. Any inquiry related to a Solicitation, including any requests for or inquiries regarding standards referenced in the Solicitation shall be directed solely to the Solicitation contact person. The Offeror shall not contact or direct inquiries concerning this Solicitation to any other State employee unless the Solicitation specifically identifies a person other than the Solicitation contact person as a contact. 2.3. Submission of Inquiries. The Procurement Officer or the person identified in the Solicitation as the contact for inquiries except at the Pre -Offer Conference, require that an inquiry be submitted in writing. Any inquiry related to a Solicitation shall refer to the appropriate Solicitation number, page and paragraph. Do not place the Solicitation number on the outside of the envelope containing that inquiry, since it may then be identified as an Offer and not be opened until after the Offer due date and time. The State shall consider the relevancy of the inquiry but is not required to respond in writing. 2.4. Timeliness. Any inquiry or exception to the solicitation shall be submitted as soon as possible and should be submitted at least seven days before the Offer due date and time for review and determination by the State. Failure to do so may result in the inquiry not being considered for a Solicitation Amendment. 2.5. No Right to Rely on Verbal Responses. An Offeror shall not rely on verbal responses to inquiries. A verbal reply to an inquiry does not constitute a modification of the solicitation. 2.6. Solicitation Amendments. The Solicitation shall only be modified by a Solicitation Amendment. 2.7. Pre -Offer Conference. If a pre -Offer conference has been scheduled under this Solicitation, the date, time and location shall appear on the Solicitation cover sheet or elsewhere in the Solicitation. Offerors should raise any questions about the Solicitation or the procurement at that time. An Offeror may not rely on any verbal responses to questions at the conference. Material issues raised at the conference that result in changes to the Solicitation shall be answered solely through a written Solicitation Amendment. 2.8. Persons With Disabilities. Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the Solicitation contact person. Requests shall be made as early as possible to allow time to arrange the accommodation. Offer Preparation 3.1. Forms: No Facsimile, Telegraphic or Electronic Mail Offers. An Offer shall be submitted either on the forms provided in this Solicitation or their substantial equivalent. Any substitute document for the forms provided in this Solicitation must be legible and contain the same information requested on the forms, unless the solicitation indicates otherwise. A facsimile, telegraphic, mailgram or electronic mail Offer shall be rejected if submitted in response to requests for proposals or invitations for bids. 3.2. Typed or Ink; Corrections. The Offer shall be typed or in ink. Erasures, interlineations or other modifications in the Offer shall be initialed in ink by the person signing the Offer. Modifications shall not be permitted after Offers have been opened except as otherwise provided under applicable law. 3.3. Evidence of Intent to be Bound. The Offer and Acceptance form within the Solicitation shall be submitted with the Offer and shall include a signature (or acknowledgement for electronic submissions, when authorized) by a person authorized to sign the Offer. The signature shall signify the Offer or's intent to be bound by the Offer and the terms of the Solicitation and that the information provided is true, accurate and complete. Failure to submit verifiable evidence of intent to be bound, such as an original signature, shall result in rejection of the Offer. 3.4. Exceptions to Terms and Conditions. All exceptions included with the Offer shall be submitted in a clearly identified separate section of the Offer in which the Offeror clearly identifies the specific paragraphs of the Solicitation where the exceptions occur. Any exceptions not included in such a section shall be without force and effect in any resulting Contract unless such exception is specifically accepted by the Procurement Officer in a written statement. The Offeror's preprinted or standard terms will not be considered by the State as a part of any resulting Contract. 3.4.1. Invitation for Bids. An Offer that takes exception to a material requirement of any part of the Solicitation, including terms and conditions, shall be rejected. 3.4.2. Request for Proposals. All exceptions that are contained in the Offer may negatively affect the State's proposal evaluation based on the evaluation criteria stated in the Solicitation or result in rejection of the Offer. An offer that takes exception to any material requirement of the solicitation may be rejected. 3.5. Subcontracts. Offeror shall clearly list any proposed subcontractors and the subcontractor's proposed responsibilities in the Offer. 3.6. Cost of Offer Preparation. The State will not reimburse any Offeror the cost of responding to a Solicitation. 3.7. Solicitation Amendments. Each Solicitation Amendment shall be signed with an original signature by the person signing the Offer, and shall be submitted no later than the Offer due date and time. Failure to return a signed (or acknowledgement for electronic submission, when authorized) copy of a Solicitation Amendment may result in rejection of the Offer. 3.8. Federal Excise Tax. The State of Arizona is exempt from certain Federal Excise Tax on manufactured goods. Exemption Certificates will be provided by the State. 3.9. Provision of Tax Identification Numbers. 3.9.1. Offerors are required to provide their Arizona Transaction Privilege Tax Number and/or Federal Tax Identification number in the space provided on the Offer and Acceptance Form. E T Uniform Instructions to Offerors Q State of Arizona Solicitation No.: ASSP013-00002054 PAGE 38 F 6 N State Procurement Office 100 N.15th Ave., Suite 201 Phoenix, AZ 85007 Description: Commercial Flooring Products and Services OF 47 2.6. Solicitation Amendments. The Solicitation shall only be modified by a Solicitation Amendment. 2.7. Pre -Offer Conference. If a pre -Offer conference has been scheduled under this Solicitation, the date, time and location shall appear on the Solicitation cover sheet or elsewhere in the Solicitation. Offerors should raise any questions about the Solicitation or the procurement at that time. An Offeror may not rely on any verbal responses to questions at the conference. Material issues raised at the conference that result in changes to the Solicitation shall be answered solely through a written Solicitation Amendment. 2.8. Persons With Disabilities. Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the Solicitation contact person. Requests shall be made as early as possible to allow time to arrange the accommodation. Offer Preparation 3.1. Forms: No Facsimile, Telegraphic or Electronic Mail Offers. An Offer shall be submitted either on the forms provided in this Solicitation or their substantial equivalent. Any substitute document for the forms provided in this Solicitation must be legible and contain the same information requested on the forms, unless the solicitation indicates otherwise. A facsimile, telegraphic, mailgram or electronic mail Offer shall be rejected if submitted in response to requests for proposals or invitations for bids. 3.2. Typed or Ink; Corrections. The Offer shall be typed or in ink. Erasures, interlineations or other modifications in the Offer shall be initialed in ink by the person signing the Offer. Modifications shall not be permitted after Offers have been opened except as otherwise provided under applicable law. 3.3. Evidence of Intent to be Bound. The Offer and Acceptance form within the Solicitation shall be submitted with the Offer and shall include a signature (or acknowledgement for electronic submissions, when authorized) by a person authorized to sign the Offer. The signature shall signify the Offer or's intent to be bound by the Offer and the terms of the Solicitation and that the information provided is true, accurate and complete. Failure to submit verifiable evidence of intent to be bound, such as an original signature, shall result in rejection of the Offer. 3.4. Exceptions to Terms and Conditions. All exceptions included with the Offer shall be submitted in a clearly identified separate section of the Offer in which the Offeror clearly identifies the specific paragraphs of the Solicitation where the exceptions occur. Any exceptions not included in such a section shall be without force and effect in any resulting Contract unless such exception is specifically accepted by the Procurement Officer in a written statement. The Offeror's preprinted or standard terms will not be considered by the State as a part of any resulting Contract. 3.4.1. Invitation for Bids. An Offer that takes exception to a material requirement of any part of the Solicitation, including terms and conditions, shall be rejected. 3.4.2. Request for Proposals. All exceptions that are contained in the Offer may negatively affect the State's proposal evaluation based on the evaluation criteria stated in the Solicitation or result in rejection of the Offer. An offer that takes exception to any material requirement of the solicitation may be rejected. 3.5. Subcontracts. Offeror shall clearly list any proposed subcontractors and the subcontractor's proposed responsibilities in the Offer. 3.6. Cost of Offer Preparation. The State will not reimburse any Offeror the cost of responding to a Solicitation. 3.7. Solicitation Amendments. Each Solicitation Amendment shall be signed with an original signature by the person signing the Offer, and shall be submitted no later than the Offer due date and time. Failure to return a signed (or acknowledgement for electronic submission, when authorized) copy of a Solicitation Amendment may result in rejection of the Offer. 3.8. Federal Excise Tax. The State of Arizona is exempt from certain Federal Excise Tax on manufactured goods. Exemption Certificates will be provided by the State. 3.9. Provision of Tax Identification Numbers. 3.9.1. Offerors are required to provide their Arizona Transaction Privilege Tax Number and/or Federal Tax Identification number in the space provided on the Offer and Acceptance Form. 3.9.1 Employee Identification. Offeror agrees to provide an employee identification number or social security number to the Department for the purposes of reporting to appropriate taxing authorities, monies paid by the Department under this contract. If the federal identifier of the Offeror is a social security number, this number is being requested solely for tax reporting purposes and will be shared only with appropriate state and federal officials. This submission is mandatory under 26 U.S.C. § 6041 A. 3.10. Identification of Taxes in Offer. The State of Arizona is subject to all applicable state and local transaction privilege taxes. All applicable taxes shall be identified as a separate item offered in the solicitation. When applicable, the tax rate and amount shall be identified on the price sheet. At all times, payment of taxes and the determination of applicable taxes are the sole responsibility of the contractor. 3.11. Disclosure. If the firm, business or person submitting this Offer has been debarred, suspended or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any Federal, state or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the Offeror shall fully explain the circumstances relating to the preclusion or proposed preclusion in the Offer. The Offeror shall include a letter with its Offer setting forth the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above shall be provided. 3.12. Solicitation Order of Precedence. In the event of a conflict in the provisions of this Solicitation, the following shall prevail in the order set forth below: 3.12.1 Special Terms and Conditions; 3.12.2 Uniform Terms and Conditions; 3.12.3 Statement or Scope of Work; 3.12.4 Specifications; 3.12.5 Attachments; 3.12.6 Exhibits; 3.12.7 Special Instructions to Offerors; 3.12.8 Uniform Instructions to Offerors; and 3.12.9 Other documents referenced or included in the Solicitation. 3.13. Delive . Unless stated otherwise in the Solicitation, all prices shall be F.O.B. Destination and shall include all freight, delivery and unloading at the destination(s). 3.14. Federal Immigration and Nationality Act. By signing of the Offer, the Offeror warrants that both it and all proposed subcontractors are in compliance with federal immigration laws and regulations (FINA) relating to the immigration status of their employees. The State may, at its sole discretion require evidence of compliance during the evaluation process. Should the State request evidence of compliance, the Offeror shall have 5 days from receipt of the request to supply adequate information. Failure to comply with this instruction or failure to supply requested information within the timeframe specified shall result in the offer not being considered for contract award. 3.15. Offshore Performance of Work Prohibited Any services that are described in the specifications or scope of work that directly serve the State of Arizona or its clients and involve access to secure or sensitive data or personal client data shall be performed within the defined territories of the United States. Unless specifically stated otherwise in the specifications, this paragraph does not apply to indirect or 'overhead' services, redundant back-up services or services that are incidental to the performance of the contract. This provision applies to work performed by subcontractors at all tiers. Offerors shall declare all anticipated offshore services in the proposal. 4. Submission of Offer E T Uniform Instructions to Offerors Q State of Arizona Solicitation No.: ASSP013-00002054 PAGE 39 F 6 N State Procurement Office 100 N.15th Ave., Suite 201 Phoenix, AZ 85007 Description: Commercial Flooring Products and Services OF 47 3.9.1 Employee Identification. Offeror agrees to provide an employee identification number or social security number to the Department for the purposes of reporting to appropriate taxing authorities, monies paid by the Department under this contract. If the federal identifier of the Offeror is a social security number, this number is being requested solely for tax reporting purposes and will be shared only with appropriate state and federal officials. This submission is mandatory under 26 U.S.C. § 6041 A. 3.10. Identification of Taxes in Offer. The State of Arizona is subject to all applicable state and local transaction privilege taxes. All applicable taxes shall be identified as a separate item offered in the solicitation. When applicable, the tax rate and amount shall be identified on the price sheet. At all times, payment of taxes and the determination of applicable taxes are the sole responsibility of the contractor. 3.11. Disclosure. If the firm, business or person submitting this Offer has been debarred, suspended or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any Federal, state or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the Offeror shall fully explain the circumstances relating to the preclusion or proposed preclusion in the Offer. The Offeror shall include a letter with its Offer setting forth the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above shall be provided. 3.12. Solicitation Order of Precedence. In the event of a conflict in the provisions of this Solicitation, the following shall prevail in the order set forth below: 3.12.1 Special Terms and Conditions; 3.12.2 Uniform Terms and Conditions; 3.12.3 Statement or Scope of Work; 3.12.4 Specifications; 3.12.5 Attachments; 3.12.6 Exhibits; 3.12.7 Special Instructions to Offerors; 3.12.8 Uniform Instructions to Offerors; and 3.12.9 Other documents referenced or included in the Solicitation. 3.13. Delive . Unless stated otherwise in the Solicitation, all prices shall be F.O.B. Destination and shall include all freight, delivery and unloading at the destination(s). 3.14. Federal Immigration and Nationality Act. By signing of the Offer, the Offeror warrants that both it and all proposed subcontractors are in compliance with federal immigration laws and regulations (FINA) relating to the immigration status of their employees. The State may, at its sole discretion require evidence of compliance during the evaluation process. Should the State request evidence of compliance, the Offeror shall have 5 days from receipt of the request to supply adequate information. Failure to comply with this instruction or failure to supply requested information within the timeframe specified shall result in the offer not being considered for contract award. 3.15. Offshore Performance of Work Prohibited Any services that are described in the specifications or scope of work that directly serve the State of Arizona or its clients and involve access to secure or sensitive data or personal client data shall be performed within the defined territories of the United States. Unless specifically stated otherwise in the specifications, this paragraph does not apply to indirect or 'overhead' services, redundant back-up services or services that are incidental to the performance of the contract. This provision applies to work performed by subcontractors at all tiers. Offerors shall declare all anticipated offshore services in the proposal. 4. Submission of Offer 4.1. Sealed Envelope or Package. Each Offer shall be submitted to the submittal location identified in this Solicitation. Offers should be submitted in a sealed envelope or container. The envelope or container should be clearly identified with name of the Offeror and Solicitation number. The State may open envelopes or containers to identify contents if the envelope or container is not clearly identified. 4.2. ProcureAZ Offer Submission, Due Date and Time. Offerors responding to a solicitation in ProcureAZ must submit their offers electronically through ProcureAZ. Offers shall be received before the due date and time stated in the solicitation. Offers submitted outside of ProcureAZ or those that are received after the due date and time shall be rejected. 4.3. Offer Amendment or Withdrawal. An Offer may not be amended or withdrawn after the Offer due date and time except as otherwise provided under applicable law. 4.4. Public Record. All Offers submitted and opened are public records and must be retained by the State. Offers shall be open to public inspection after Contract award, except for such Offers deemed to be confidential by the State. If an Offeror believes that information in its Offer should remain confidential, it shall indicate as confidential the specific information and submit a statement with its Offer detailing the reasons that the information should not be disclosed. Such reasons shall include the specific harm or prejudice which may arise. The State shall determine whether the identified information is confidential pursuant to the Arizona Procurement Code. 4.5. Non -collusion, Employment, and Services. By signing the Offer and Acceptance Form or other official contract form, the Offeror certifies that: 4.5.1. The Offeror did not engage in collusion or other anti-competitive practices in connection with the preparation or submission of its Offer; and 4.5.2. The Offeror does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and that it complies with an applicable Federal, state and local laws and executive orders regarding employment. 5. Evaluation 5.1. Unit Price Prevails. In the case of discrepancy between the unit price or rate and the extension o that unit price or rate, the unit price or rate shall govern. 5.2. Taxes. If the products and/or services specified require transaction privilege or use taxes, they shall be described and itemized separately on the offer. Arizona transaction privilege and use taxes shall not be considered for evaluation. 5.3. Prompt Payment Discount. Prompt payment discounts of thirty (30) days or more set forth in an Offer shall be deducted from the offer for the purpose of evaluating that price. 5.4. Late Offers. An Offer submitted after the exact Offer due date and time shall be rejected. 5.5. Disqualifications. An Offeror (including each of its principals) who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity shall have its offer rejected. 5.6. Offer Acceptance Period. An Offeror submitting an Offer under this Solicitation shall hold its Offer open for the number of days from the Offer due dates that is stated in the Solicitation. If the Solicitation does not specifically state a number of days for Offer acceptance, the number of days shall be one hundred twenty (120). If a Best and Final Offer is requested pursuant to a Request for proposals, an Offeror shall hold its Offer open for one hundred twenty (120) days from the Best and Final Offer due date. 5.7. Waiver and Rejection Rights. Notwithstanding any other provision of the Solicitation, the State reserves the right to: 5.7.1 Waive any minor informality; 5.7.2. Reject any and all Offers or portions thereof; or 5.7.3 Cancel the Solicitation. 6. Award E T Uniform Instructions to Offerors Q State of Arizona Solicitation No.: ASSP013-00002054 PAGE 40 F 6 N State Procurement Office 100 N.15th Ave., Suite 201 Phoenix, AZ 85007 Description: Commercial Flooring Products and Services OF 47 4.1. Sealed Envelope or Package. Each Offer shall be submitted to the submittal location identified in this Solicitation. Offers should be submitted in a sealed envelope or container. The envelope or container should be clearly identified with name of the Offeror and Solicitation number. The State may open envelopes or containers to identify contents if the envelope or container is not clearly identified. 4.2. ProcureAZ Offer Submission, Due Date and Time. Offerors responding to a solicitation in ProcureAZ must submit their offers electronically through ProcureAZ. Offers shall be received before the due date and time stated in the solicitation. Offers submitted outside of ProcureAZ or those that are received after the due date and time shall be rejected. 4.3. Offer Amendment or Withdrawal. An Offer may not be amended or withdrawn after the Offer due date and time except as otherwise provided under applicable law. 4.4. Public Record. All Offers submitted and opened are public records and must be retained by the State. Offers shall be open to public inspection after Contract award, except for such Offers deemed to be confidential by the State. If an Offeror believes that information in its Offer should remain confidential, it shall indicate as confidential the specific information and submit a statement with its Offer detailing the reasons that the information should not be disclosed. Such reasons shall include the specific harm or prejudice which may arise. The State shall determine whether the identified information is confidential pursuant to the Arizona Procurement Code. 4.5. Non -collusion, Employment, and Services. By signing the Offer and Acceptance Form or other official contract form, the Offeror certifies that: 4.5.1. The Offeror did not engage in collusion or other anti-competitive practices in connection with the preparation or submission of its Offer; and 4.5.2. The Offeror does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and that it complies with an applicable Federal, state and local laws and executive orders regarding employment. 5. Evaluation 5.1. Unit Price Prevails. In the case of discrepancy between the unit price or rate and the extension o that unit price or rate, the unit price or rate shall govern. 5.2. Taxes. If the products and/or services specified require transaction privilege or use taxes, they shall be described and itemized separately on the offer. Arizona transaction privilege and use taxes shall not be considered for evaluation. 5.3. Prompt Payment Discount. Prompt payment discounts of thirty (30) days or more set forth in an Offer shall be deducted from the offer for the purpose of evaluating that price. 5.4. Late Offers. An Offer submitted after the exact Offer due date and time shall be rejected. 5.5. Disqualifications. An Offeror (including each of its principals) who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity shall have its offer rejected. 5.6. Offer Acceptance Period. An Offeror submitting an Offer under this Solicitation shall hold its Offer open for the number of days from the Offer due dates that is stated in the Solicitation. If the Solicitation does not specifically state a number of days for Offer acceptance, the number of days shall be one hundred twenty (120). If a Best and Final Offer is requested pursuant to a Request for proposals, an Offeror shall hold its Offer open for one hundred twenty (120) days from the Best and Final Offer due date. 5.7. Waiver and Rejection Rights. Notwithstanding any other provision of the Solicitation, the State reserves the right to: 5.7.1 Waive any minor informality; 5.7.2. Reject any and all Offers or portions thereof; or 5.7.3 Cancel the Solicitation. 6. Award 6.1. Number of Types of Awards. The State reserves the right to make multiple awards or to award a Contract by individual line items or alternatives, by group of line items or alternatives, or to make an aggregate award, or regional awards, whichever is most advantageous to the State. If the Procurement Officer determines that an aggregate award to one Offeror is not in the State's best interest, "all or none" Offers shall be rejected. 6.2. Contract Inception. An Offer does not constitute a Contract nor does it confer any rights on the Offeror to the award of a Contract. A Contract is not created until the Offer is accepted in writing by the Procurement Officer's signature on the offer and Acceptance Form. A notice of award or of the intent to award shall not constitute acceptance of the offer. 6.3. Effective Date. The effective date of this Contract shall be the date that the Procurement Officer signs the Offer and Acceptance form or other official contract form, unless another date is specifically stated in the Contract. 7. Protests A protest shall comply with and be resolved according to Arizona Revised Statutes Title 41, Chapter 23, Article 9 and rules adopted there under. Protests shall be in writing and be filed with both the Procurement Officer of the purchasing agency and with the State Procurement Administrator. A protest of a Solicitation shall be received by the Procurement Officer before the Offer due date. A protest of a proposed award or of an award shall be filed within ten (10) days after the protester knows or should have known the basis of the protest. A protest shall include: 7.1. The name, address and telephone number of the protester; 7.2. The signature of the protester or its representative; 7.3. Identification of the purchasing agency and the Solicitation or Contract number; 7.4. A detailed statement of the legal and factual grounds of the protest including copies of relevant documents; and 7.5. The form of relief requested. Comments Welcome The State Procurement Office periodically reviews the Uniform Instructions to Offerors and welcomes any comments you may have. Please submit your comments to: State Procurement Administrator, State Procurement Office, 100 North 15th Avenue, Suite 201, Phoenix, Arizona, 85007. E T Uniform Instructions to Offerors Q State of Arizona Solicitation No.: ASSP013-00002054 PAGE 41 F 6 N State Procurement Office 100 N.15th Ave., Suite 201 Phoenix, AZ 85007 Description: Commercial Flooring Products and Services OF 47 6.1. Number of Types of Awards. The State reserves the right to make multiple awards or to award a Contract by individual line items or alternatives, by group of line items or alternatives, or to make an aggregate award, or regional awards, whichever is most advantageous to the State. If the Procurement Officer determines that an aggregate award to one Offeror is not in the State's best interest, "all or none" Offers shall be rejected. 6.2. Contract Inception. An Offer does not constitute a Contract nor does it confer any rights on the Offeror to the award of a Contract. A Contract is not created until the Offer is accepted in writing by the Procurement Officer's signature on the offer and Acceptance Form. A notice of award or of the intent to award shall not constitute acceptance of the offer. 6.3. Effective Date. The effective date of this Contract shall be the date that the Procurement Officer signs the Offer and Acceptance form or other official contract form, unless another date is specifically stated in the Contract. 7. Protests A protest shall comply with and be resolved according to Arizona Revised Statutes Title 41, Chapter 23, Article 9 and rules adopted there under. Protests shall be in writing and be filed with both the Procurement Officer of the purchasing agency and with the State Procurement Administrator. A protest of a Solicitation shall be received by the Procurement Officer before the Offer due date. A protest of a proposed award or of an award shall be filed within ten (10) days after the protester knows or should have known the basis of the protest. A protest shall include: 7.1. The name, address and telephone number of the protester; 7.2. The signature of the protester or its representative; 7.3. Identification of the purchasing agency and the Solicitation or Contract number; 7.4. A detailed statement of the legal and factual grounds of the protest including copies of relevant documents; and 7.5. The form of relief requested. Comments Welcome The State Procurement Office periodically reviews the Uniform Instructions to Offerors and welcomes any comments you may have. Please submit your comments to: State Procurement Administrator, State Procurement Office, 100 North 15th Avenue, Suite 201, Phoenix, Arizona, 85007. E T Uniform Instructions to Offerors Q State of Arizona Solicitation No.: ASSP013-00002054 PAGE 42 F 6 N State Procurement Office 100 N.15th Ave., Suite 201 Phoenix, AZ 85007 Description: Commercial Flooring Products and Services OF 47 Attachment I State of Arizona Solicitation No.: ADSP013-00002054 PAGE State Procurement Office 43 100 N. 15th Ave, Suite 201 OF Phoenix, AZ 85007 Description: Commercial Flooring Products and Services 47 Questionnaire INSTRUCTIONS: Prepare each item response in the form of a brief written narrative describing your organization's overall method of approach for providing the required services and products as stated in this solicitation, as well as, demonstrating your ability to satisfy the Scope of Work and your organization's ability to provide the various products and services sought under this solicitation. Within the response to this item, the narrative shall at the minimum describe the following. METHOD OF APPROACH: 1. Offer shall clearly state your understanding of the Scope of Work and acceptance of all Requirements, noting any exceptions. Offeror Response 2. Offer shall provide a description of an inter -organizational governance structure and communication process that will support a successful business relationship. Offeror Response 0 3. Offer shall provide a description of how your organization tracks problem resolution responsiveness and eligible agency satisfaction in a quantifiable manner to ensure quality customer service. Please describe your complaint resolution process. The description should include a clear, hierarchical path for complaint escalation. Offeror Response CAPACITY OF OFFEROR: 1. Organizational Information Offeror shall identify themselves, including their complete (formal) name, corporate addresses (headquarters and local addresses), web site URLs, NYSE/NASDAQ symbol, and other identifying information. Describe their total organization, including any parent companies, subsidiaries, affiliates, and other related entities. Provide organizational chart(s) for their overall organization showing each entity within the organization. Provide number of employees, number of years in business and pertinent business affiliations. Offeror Response Offeror shall identify a single or lead contact person, who will be responsible for all communications with the State throughout the solicitation process, including all applicable contact information, e.g. phone (days, evenings, mobile), e-mail (office and mobile). Provide the names and general contact information for any other persons responsible for communicating with the State Procurement Office and their respective roles. Offeror Response 2. Organizational Capacity Offeror shall describe in general their organizational capacity to support the State and its Customers under any resulting contract. 2.1. Management Structure Attachment I State of Arizona Solicitation No.: ADSP013-00002054 PAGE State Procurement Office 44 100 N. 15th Ave, Suite 201 OF Phoenix, AZ 85007 Description: Commercial Flooring Products and Services 47 Offerors shall describe their management structure and corporate leadership that would support any resulting contract. Offeror Response 2.1. Key Personnel (Attachment in ProcureAZ) Offeror shall describe their Key Personnel that would support any resulting contract. Offerors shall provide evidence of their training, experience and performance in supporting similar customers, with particular deference to other state and local government customers. Indicate which of these individual(s) would have direct responsibility and control over any resulting contract. Offeror Response 2.2. Subcontractors (Attachment in ProcureAZ) Offeror shall provide a list of all proposed subcontractors that will be used in fulfillment of the Contract, including contact information and a detailed description of their participation Offeror Response 2.3. Experience in Industry Offeror shall describe their experience in the provision of products and services like those required by in this RFP. Offeror Response 2.4. Experience with Similar Customers Offeror shall describe their experience with similar customers, with particular deference to other state and local governments, in the provision of products and services like those required in this RFP. Offeror Response 2.5. Orgainizational Profile and Referenced (Attachment in ProcureAZ) Offeror shall provide customer and related information for three (3) similar contracts within the past three (3) years —with particular deference to other state and local governments. At a minimum include the following information: Customer name; Address; Contact person; Phone number(s); E-mail addresses; Time(s) available; Size of Contract; Dates of Contract. State may contact any customers listed for the purpose of obtaining references relative to past performances and, if necessary, Offeror shall sign a release to obtain any such information. Offeror Response 3. Financial Capacity Offeror shall describe in general their financial capacity to support the State and its Customers under any resulting contract. Attachment I State of Arizona Solicitation No.: ADSP013-00002054 PAGE State Procurement Office 45 100 N.15th Ave., Suite 201 OF Phoenix, AZ 85007 Description: Commercial Flooring Products and Services 47 3.1. Economic Status Offeror shall state whether or not they, and/or their parent company if applicable, is in or in the process of filling for bankruptcy. Offeror similarly shall state whether they, and/or their parent company if applicable, have filled for bankruptcy in the past three (3) years? If so under either condition, Offeror shall describe the circumstances of the bankruptcy and how their economic status is improving (has improved since then). Offeror Response 3.2. Legal and Regulatory Actions Offerors shall fully disclose their involvement in any legal proceedings, lawsuits or governmental regulatory actions and any contractual demands for assurance regarding their provision of similar services, pending or occurring in the last three (3) years. Offeror Response Method of Approach 1. Offer shall clearly state your understanding of the Scope of Work and acceptance of all Requirements, noting any exceptions. Continental Flooring Company has carefully reviewed the Terms, Conditions and Specifications included with the State of Arizona's Solicitation No. ADSPO13-00002054. Our offer in made in full compliance with the solicitation documents, with no exceptions being noted. 2. Offer shall provide a description of an inter -organizational governance structure and communication process that will support a successful business relationship. Inter -organization communication is essential in any successful client relationship. To allow for the highest level of communication with our customers, Continental Flooring Company has put into place an intricate communication system. For customers outside of the Metro Phoenix area, a toll-free phone number is available at (800) 825-1221. In addition, toll-free facsimiles can be received at (866) 553-8892. All of our staff has direct company e-mail addresses. In addition, all of our Key Personnel are equipped with mobile phone devices where they can access their company e-mails, and customers can reach them via phone at all hours of the day. Continental Flooring Company hosts an extensive corporate website which provides customers with a wide variety of information including: contract information, company information, product information/specs and much more. This website includes an interactive quote and contact form which is monitored regularly for timely customer responses. Throughout Continental Flooring Company's history with the State of Arizona and its customer base, we have assigned a Sales Representative which exclusively works with State of Arizona customers. This position allows for the State of Arizona customers to receive the highest level of customer service possible. Laura Kuligowska has been in this position for the past 9 years and has forged strong working relationships with this customer base. Laura is available via the office phone, mobile phone and e-mail. Her e-mail is accessible both in the office and off site through her mobile device. Laura is proud to travel the State of Arizona to provide that personal service with each and every customer across the State. Laura works very closely with her customers throughout the process to ensure that the appropriate floor covering is utilized for each application within their budget. In addition to Ms. Kuligowska, Mr. Jim Semple, Sales Representative, is available to service the State of Arizona customer on an as needed basis. Mr. Semple has been with Continental Flooring Company for over 16 years and specializes in servicing government customers. Once a purchase order is received, the customer is contacted by Cathy Gordon, Project Coordinator, to discuss the project specifics and introduce the assigned Project Manager. Ms. Gordon has been with Continental Flooring Company for over 18 years and excels in working directly with our customers to ensure that the project runs smoothly. The Project Manager will see the project through complete installation. In addition, an on-site Job Supervisor is assigned to each project. This on-site manager will have the day-to-day oversight of the project and reports directly to the Project Manager. Continental Flooring Company currently has two Project Managers who are assigned to projects for the State of Arizona customer base, Mike Donoho and Lou St. Clair. Both of these individuals have an extensive history with the company, Mr. Donoho having over 10 years of experience with 1IPage CONTINENTAL FLOORING COMPANY Response to Solicitation No. ADSPO13-00002054 Continental, and Mr. St. Clair with over 8 years with the company. These individuals are both easily accessible to the customer via their direct office phone numbers, mobile phone numbers, and e-mail. Their e-mails are accessible both in the office and off-site via their mobile device. Project Managers are available 24/7 for customer emergencies. All Key Personnel within the Arizona Division of Continental Flooring Company report directly to Christopher Coleman, President. In addition to the regular daily business interactions, Continental Flooring Company takes great pride in keeping our customers informed and up-to-date on current trends. Our fully -staffed Marketing Department produces regular communications materials to reach out to our customers and keep them informed. Marketing materials are produced to educate customers on new products, special pricing programs, as well as the latest in flooring trends. Continental Flooring Company utilizes CRM contact management software. This software allows our sales and marketing staff to access a customer's history at the click of a mouse. Reports regarding sales history and buying trends are easily producible for our customers. Continental Flooring Company also utilizes Callidus floor covering estimating software. With this industry leading program, CFC is able to more closely estimate the required materials for each project thereby eliminating unnecessary waste and cost due to imprecise measurements. The software also produces an excellent color coded printout of a project floor space showing the areas of work to be completed and the type of product to be installed. This allows both our customers and our installation crews to visually identify the work and helps to reduce errors in the contract performance cycle. This extensive investment in the Callidus system has been a terrific resource for Continental Flooring both internally with cost control, and externally for better overall pricing and project communication. A sample of a typical Callidus printout has been uploaded with our proposal documents for your review. 3. Offer shall provide a description of how your organization tracks problem resolution responsiveness and eligible agency satisfaction in a quantifiable manner to ensure quality customer service. Please describe your complaint resolution process. The description should include a clear, hierarchical path for complaint escalation. Continental Flooring Company strives to achieve the highest level of customer service and product performance as possible. Upon completion of a project, our Project Managers perform a final walk- through with the customer to ensure that the work has been completed at or above the expected standard. Any "punch" items which are identified during this walk -though are immediately scheduled for repair. Upon project completion, Continental Flooring Company performs a feedback survey. This survey is performed randomly on both an annual and per project basis. A copy of this performance survey has been included for your review. In the situation where project problems arise, responsiveness is of the utmost importance. Upon notification from a customer that a problem has occurred, Continental Flooring Company's Project Managers are utilized to remedy the situation as quickly as possible. In addition, to the Project Managers, Continental Flooring Company's Office Manager, Ms. Tracy Johnson uses her 5 plus years of experience with the company to play an integral part in complaint resolution. If for some reason the Project Manager is unable to successfully remedy the situation, or should the situation require an individual of a higher position within the Company, Mr. Christopher Coleman, President 2 1 P a g e CONTINENTAL FLOORING COMPANY Response to Solicitation No. ADSPO13-00002054 of Continental Flooring Company, will become involved and work with the customer to find a successful outcome. In addition, Mr. Gary McMahon, Vice President of Operations, is always available utilize his 24 years of experience with the company to assist customers who may require additional assistance to reach a resolution. Capacity of Offeror 1. Organizational Information Offeror shall identify themselves, including their complete (formal) name, corporate addresses (headquarters and local addresses), web site URLs, NYSE/NASDAQ symbol, and other identifying information. Describe their total organization, including any parent companies, subsidiaries, affiliates, and other related entities. Provide organizational chart(s) for their overall organization showing each entity within the organization. Provide number of employees, number of years in business and pertinent business affiliations. Continental Flooring Company is located at 9319 N. 94`h Way, Suite 1000, Scottsdale, AZ 85258. Our main phone number is (480) 949-8509. Our main facsimile number is (480) 945- 2603. Our website address is: www.continentalflooriniz.com. Continental Flooring Company is not owned or controlled by any parent companies, and does not have any subsidiaries, affiliates or other related entities. Please find attached to our offer an organizational chart for Continental Flooring Company displaying the structure of the company and our employees. Continental Flooring Company was founded in 1979 and currently employs 30 employees. Offeror shall identify a single or lead contact person, who will be responsible for all communications with the State throughout the solicitation process, including all applicable contact information, e.g. phone (days, evenings, mobile), e-mail (office and mobile). Provide the names and general contact information for any other persons responsible for communicating with the State Procurement Office and their respective roles. LEAD CONTACT PERSON (Sales) Laura Kuligowska, Sales Representative 9 Years with Continental Flooring Company Direct Office Phone: (480) 949-8509 ext. 285 Mobile Phone: (602) 690-6978 Facsimile: (480) 945-2603 E-mail: laurak(kcontinentalflooring com LEAD CONTACT PERSON (Questions Regarding our Response to this Solicitation) Christopher L. Coleman, President 28 Years with Continental Flooring Company Direct Office Phone: (480) 949-8509 ext. 212 Mobile Phone: (480) 363-2614 Facsimile: (480) 945-2603 E-mail: ccoleman(akcontinentalflooring com 3 1 P a g e CONTINENTAL FLOORING COMPANY Response to Solicitation No. ADSPO13-00002054 OTHER INDIVIDUALS, GENERAL CONTACT INFORMATION Jim Semple, Sales Representative 16 Years with Continental Flooring Company Direct Office Phone: (480) 949-8509 ext. 287 Mobile Phone: (480) 797-9465 Facsimile: (480) 945-2603 E-mail: jsemplekcontinentalflooring com Mike Donoho, Project Manager 10 Years with Continental Flooring Company Direct Office Phone: (480) 949-8509 ext. 282 Mobile Phone: (623) 810-9647 Facsimile: (480) 945-2603 E-mail: mdonohogcontinentalflooring com Lou St. Clair, Project Manager 8 Years with Continental Flooring Company Direct Office Phone: (480) 949-8509 ext. 283 Mobile Phone: (602) 418-5808 Facsimile: (480) 945-2603 E-mail: lstclairncontinentalflooring com Cathy Gordon, Project Coordinator 18 Years with Continental Flooring Company Direct Office Phone: (480) 949-8509 ext. 289 Mobile Phone: (480) 899-4852 Facsimile: (480) 945-2603 E-mail: cgordon(a�continentalflooring com Z Organizational Capacity Offeror shall describe in general their organizational capacity to support the State and its Customers under any resulting contract. 2.1. Management Structure Offerors shall describe their management structure and corporate leadership that would support any resulting contract. Continental Flooring Company is proud to empower its employees with the ability to support its customer base at the highest level possible. Our Sales Representatives and Project Managers have the authority to make immediate decisions which have direct impact on the success of our projects. While our employees have this direct ability, our management team is always there to support their efforts in making every project a success. The Arizona Division of Continental Flooring Company reports directly to Christopher Coleman, President. Specifically, Mr. Coleman, has regular interactions with the Sales and Project Management staff to provide additional guidance where necessary. These meetings involve project updates and 4 1 P a g e CONTINENTAL FLOORING COMPANY Response to Solicitation No. ADSPO13-00002054 collaboration to ensure the most optimal outcome for every project. In addition, should a situation arise which is out of the ordinary and a requires a higher level of management to become involved, Mr. Coleman is very familiar with the project through these regular daily interactions. Mr. Gary McMahon, Vice President of Operations, is also actively involved with the Arizona Division department of Continental Flooring and is always available to support the Project Managers and staff. Ms. Tracy Johnson, Office Manager, is regularly available to our base to assist them with any questions or concerns a customer may have. 2.1. Key Personnel (Attachment in ProcureAZ) Offeror shall describe their Key Personnel that would support any resulting contract. Offerors shall provide evidence of their training, experience and performance in supporting similar customers, with particular deference to other state and local government customers. Indicate which of these individual(s) would have direct responsibility and control over any resulting contract. The average tenure at Continental Flooring Company is over ten years. Working with government customers on a daily basis, our employees are specialists in government procurement. This dedication allows us to provide our customers with a strong core of both industry and company knowledge. This type of dedication from our employees displays our commitment to treating both our customers and our employees fairly. Continental Flooring Company is dedicated to the continuing education of our employees. We believe that consistent training not only provides our employees growth within the industry, but it also allows our staff to provide our customers with the highest level of support and product recommendations. On staff, we currently have two individuals who are asbestos certified, as well as another individual who is certified in moisture remediation. On a regular basis our employees are updated and trained within the following categories: - Computer Programs and Systems - Product Presentations and Seminars with Manufacturers - Installation Techniques In addition to these specific training seminars, our staff regularly participates in: - Industry trades shows, including associated training seminar sessions - Manufacturer Plant Tours Laura Kuligowska is the primary Sales Representative who would be responsible for the daily interactions with the State of Arizona customer base. Laura has had the privilege of working with these customers for the past 9 years, and travels all over the State of Arizona to provide each and every one of them with the individual personalized service they deserve. Her extensive knowledge of the floor covering industry will provide the State of Arizona customers the experience needed to assess current needs, project time lines and ensure that all interactions with regards to the project run smoothly. With over 16 years of experience with Continental Flooring Company, Jim Semple, would be a secondary sales contact for the State of Arizona customer base. 5 1 P a g e CONTINENTAL FLOORING COMPANY Response to Solicitation No. ADSPO13-00002054 Christopher Coleman, President of Continental Flooring Company, is the individual who is responsible for any discussion and/or negotiation resulting from our response to Solicitation No. ADSP013-00002054. Mike Donoho and Lou St. Clair would be the primary contacts for Project Management. Mike has been with Continental Flooring Company for 10 years, and Lou for 8 years. Both of these individuals have extensive experience overseeing thousands of flooring projects during their tenure which will ensure that projects run smoothly with minimal impact within the areas of installation. Floor covering projects within occupied and busy areas require extensive scheduling and organizational skills. Working within occupied areas is an emphasis that Continental Flooring Company has specialized in throughout our company history. This experience will allow for smooth scheduling and minimal impact on all State of Arizona projects. Bruce Kiger, our Vice President of Finance has been with Continental Flooring Company for over 19 years. Mr. Kiger would be responsible for the management / oversight of the Sales Reporting, and administrative fee remittance, function of any resultant contract. Please find attached the Key Personnel document as required by the Solicitation. All information has been included as part of this document for a complete review of our Key Personnel. 2.2. Subcontractors (Attachment in ProcureAZ) Offeror shall provide a list of all proposed subcontractors that will be used in fulfillment of the Contract, including contact information and a detailed description of their participation. It would be the intention of Continental Flooring Company to utilize the services of independent contractors for the installation services under a subsequent contract. The subcontractors being proposed are for utilization with installation services. The subcontractors that we would propose to utilize under a subsequent contract include: Rite Way Flooring 12221 N.49 Drive Glendale, AZ 85304 Phone: (602) 589-6674 License: L-8 — 129159 Tommie S Flooring, LLC 9403 N. 49 Avenue Glendale, AZ 85302 Phone: (602) 525-0668 License: L-13 — 233402 R and L Flooring, Inc. DBA: Rocky S Flooring 6 1 P a g e CONTINENTAL FLOORING COMPANY Response to Solicitation No. ADSPO13-00002054 4924 E. Dallas Street Mesa, AZ 85205 Phone: (602) 469-5160 License: L-8 — 208632 A.C.S. Ceramic Tile, LLC 2845 E. Michelle Way Gilbert, AZ 85234 Phone: (480) 654-5120 License: L-8 — 276782 J.Z.C. Tile LLC 10233 N. 87` Street Scottsdale, AZ 85258 Phone: (602) 989-3888 License: L-48 - 259101 The subcontractors being proposed under this offer have a long working history with Continental Flooring Company and very much function as an extension of our company. The work of our subcontractors is second to none. Our subcontractor crews report directly to the Project Manager assigned to the project and have daily interactions to ensure quality and communication. At Continental Flooring Company, our subcontractors are held to the same high standard that we would require any employee to meet and expect them to be a responsible representative for our Company. To ensure quality installation performance with our subcontractors, Continental oversees all field work with full time project management. Our subcontractors are offered regular training on current product installation trends and issues are continually evaluated by our random sampling job completion surveys. In addition, compensation programs are designed to attract and retain high quality contractors. Most of our subcontractors have very long standing relationships with both Continental Flooring and our regular customer base. Subcontractors failing to perform to high standards are removed from consideration for future work with Continental. The Subcontractors attachment, as required by Solicitation No. ADSPO13-0000205, has been included with our offer. In addition, we have included copies of the licenses and / or certifications that our proposed subcontractors hold. 2.3. Experience in Industry Offeror shall describe their experience in the provision of products and services like those required by in this RFP. Continental Flooring Company, headquartered in Scottsdale, Arizona, was established in 1979. We are a nationwide contractor serving principally Federal, State, County and Municipal Governments; Educational Institutions; Public Housing Authorities; and other public sector agencies throughout the United States and across the globe. Specifically, our customer base includes providing flooring products and services to Educational Facilities, State and Municipal office buildings, Correctional Institutions, Health Care Organizations, Airport Facilities, U.S. Department of Defense Military Installations, 7 1 P a g e CONTINENTAL FLOORING COMPANY Response to Solicitation No. ADSPO13-00002054 U.S. State Department Facilities, Veterans Administration Hospitals and other public sector agencies all over the world. To date Continental Flooring Company employs 30 staff in two states and performs approximately $20 million in sales annually. Our range of staff includes individuals with a diverse background and knowledge of their specialty. We employ a variety of sales staff, project management and project coordinator teams, accounting professionals, purchasing personnel, and marketing specialists. All employees are cross -trained to ensure on-site knowledge at all times, and customer -service is the primary focus of all positions. Throughout the Company's history we have forged strong alliances with many flooring manufacturers. Included among these companies that we directly represent are: Altro Armstrong Bigelow Carpets Cambridge Carpets Collins and Aikman Carpets Congoleum Forbo Taraflex Lonseal Flexco Interface Carpets Mannington Carpets Mohawk Commercial Carpets Mondo Patcraft Commercial Carpets Philadelphia Commercial Carpets Queen Commercial Carpets R.C. Musson Roppe Shaw Commercial Carpets Superior Manufacturing Group In addition, we purchase products from all types of flooring manufacturers as well, including carpet, ceramic, wood, resilient, accessories, etc. Continental Flooring Company has never had a contract terminated for default. Our Company has never been debarred from doing business with any government agency. This is primarily due to our record of conforming to contract and/or product specifications and standards. The project managers in our Installation Operations Department strive to perform within forecasted costs and should we experience cost overrun not attributed to a customer negotiated change order, we do not pass that cost overrun along to the customer. As noted elsewhere in this proposal, CFC strives to establish and maintain a high level of customer service to the customer's satisfaction. 8 1 P a g e CONTINENTAL FLOORING COMPANY Response to Solicitation No. ADSPO13-00002054 We persist in keeping up with current trends in product innovation and installation techniques to provide our customers with the best possible products, service and price availability. With our vast knowledge and experience in the floor covering industry, Continental Flooring Company, teamed up with the top floor covering manufacturers, adds a full package of the highest quality products and services available at the best value. 2.4. Experience with Similar Customers Offeror shall describe their experience with similar customers, with particular deference to other state and local governments, in the provision of products and services like those required in this RFP. Continental Flooring Company has had the privilege of holding a contract with the State of Arizona for more than 20 years. Over the past seven years, we have performed over 1800 installations for state and local agencies located in Arizona. In addition, we have held, and currently hold, contracts with several local municipalities to perform similar services. Some of these organizations within Arizona include: Arizona State University, Maricopa County, Pima County, and the Mohave Educational Services Consortium. We also hold two contracts with the General Services Administration to provide and perform similar products and services to Federal Government agencies. In addition, we have included as part of this offer a complete listing of the state and local term contracts that we currently hold outside of the State of Arizona for similar products and services. 2.5. Orgainizational Profile and References (Attachment in ProcureAZ) Offeror shall provide customer and related information for three (3) similar contracts within the past three (3) years —with particular deference to other state and local governments. At a minimum include the following information: Customer name; Address; Contact person; Phone number(s); E-mail addresses; Time(s) available; Size of Contract; Dates of Contract. State may contact any customers listed for the purpose of obtaining references relative to past performances and, if necessary, Offeror shall sign a release to obtain any such information. As part of our response to Solicitation No. ADSP013-00002054 Continental Flooring Company has included the attachment titled "Organizational Profile." All information has been completed and included as part of our offer. With the signature on our "Offer and Acceptance", Continental Flooring Company hereby authorizes the State of Arizona to contact the customers included in this offer for the purpose of obtaining references relative to past performances. 3. Financial Capacity Offeror shall describe in general their financial capacity to support the State and its Customers under any resulting contract. 9 1 P a g e CONTINENTAL FLOORING COMPANY Response to Solicitation No. ADSPO13-00002054 Continental Flooring Company has been providing and installing flooring for governmental agencies since 1979. We have sufficient financial liquidity to support our operations. Presently, our bank cash balances exceed $500K, and our net worth exceeds $600K. Our bonding capacity, which is a strong measure of a contractor's financial and organizational ability to perform, is $5 million aggregate. In addition, we have extensive trade credit arrangements with the leading flooring manufacturers and distributors within the industry. Open and available credit lines are essential to the timely performance under this or any time critical contract. Arizona's fiscal year end in June places enormous burdens on contractors to perform a busy work load in a tight time frame. Continental has proven the ability to manage such financial strains time and again over its 20 years of working with State customers. A sample offering for proof of extensive and open credit lines from Shaw commercial (includes Shaw, Patcraft, Philadelphia) has been attached. Letters from other manufacturers included in our proposal are available upon request. We have successfully performed thousands of jobs for the State of Arizona over a period of many years. Our complete year-end financial statement is available for your review upon request. 3.1. Economic Status Offeror shall state whether or not they, and/or their parent company if applicable, is in or in the process of filling for bankruptcy. Offeror similarly shall state whether they, and/or their parent company if applicable, have filled for bankruptcy in the past three (3) years? If so under either condition, Offeror shall describe the circumstances of the bankruptcy and how their economic status is improving (has improved since then). Continental Flooring Company is not currently in the process of filing for bankruptcy, nor have we filed for bankruptcy throughout the history of our company. 3.2. Legal and Regulatory Actions Offerors shall fully disclose their involvement in any legal proceedings, lawsuits or governmental regulatory actions and any contractual demands for assurance regarding their provision of similar services, pending or occurring in the last three (3) years. Continental Flooring Company is not currently involved in any legal proceedings, lawsuits, governmental regulatory or any contractual demands for assurance regarding any provision of similar services, nor have there been any occurrences within the last three (3) years. While, there have been no cases as described above, during November 2009, CFC was awarded a flooring installation contract by a West Virginia county school board. CFC successfully performed that contract and was paid in full by its customer with excellent review ratings. During April 2012, another flooring contractor who bid on, but did not win, that contract sued CFC and the county school board for the failure to be awarded the contract as the lowest qualified bidder and alleged misrepresentations made by CFC in obtaining that contract. CFC believes this lawsuit is without merit and intends to vigorously defend its position. 101Page CONTINENTAL FLOORING COMPANY Response to Solicitation No. ADSPO13-00002054 Continental Flooring Company Client Satisfaction Survey Client: Project Name: Project Location (city-state): Project or Contract Number: Final Project Amount: Date: Please rate Continental Flooring Company's services by circling the number that best applies. The number 10 is the best possible score you can give. Best Sales/Estimator 10 9 8 7 6 5 4 3 2 1 Punctual commencement of project 10 9 8 7 6 5 4 3 2 1 Timeliness/accuracy of submittals 10 9 8 7 6 5 4 3 2 1 Project Manager's effectiveness 10 9 8 7 6 5 4 3 2 1 Project Coordinator's effectiveness 10 9 8 7 6 5 4 3 2 1 Project Superintendent's performance 10 9 8 7 6 5 4 3 2 1 Installation teams performance 10 9 8 7 6 5 4 3 2 1 General project administration 10 9 8 7 6 5 4 3 2 1 Work completed on schedule 10 9 8 7 6 5 4 3 2 1 Accuracy and timeliness of paperwork 10 9 8 7 6 5 4 3 2 1 Project close out efforts 10 9 8 7 6 5 4 3 2 1 Quality and workmanship 10 9 8 7 6 5 4 3 2 1 Responsiveness to expressed concerns 10 9 8 7 6 5 4 3 2 1 Overall Satisfaction 10 9 8 7 6 5 4 3 2 1 Would you use Continental Flooring for future projects? If no, why not? Yes No May Continental Flooring use you as a reference? Yes No Comments: Signature: Printed Name: N/A Thank you for taking the time to complete the survey. Your input is extremely valuable to us. Untitled 11 December 2012 : ADOT 1600 Grand Ave Landscape Mtc measured drawing Summary Report Scale 1:140 (original drawing scale 1:96) Continental Flooring VCT Stays as is page 2 Continental Flooring Company Christopher L. Coleman President Gerald McMahon Tracy Hall Tracy Johnson Bruce Kiger Christopher L. Coleman Steve Witkowski Diane Conti VP - Operations Purchasing Director Contract and Office Administrator VP - Finance AZ Operations Director of Bidding and Pricing Director of Marketing Cathy Gordon Constance Bishop Project Coordinator Purchasing Asst Kathy Taylor Jenni Lyster Project Coordinator Purchasing Asst Nichole Bullock Asst. Project Coor. Ron Abbott Warehouseman Tiffany Carl Receptionist Janet Becker Human Resources Shelly Hallmark Accountant Deb Michalowski Tax Accountant Vicki Bielli Project Asst. Mike Donoho Project Manager Chris Lowenberg Estimator Laura Kuligowska Estimator Lou St. Clair Project Manager Jim Semple Estimator Joe Yugel Project Manager Peter Coleman Sr. Estimator Mason Holmwood Project Manager Alexis Coleman Marketing Asst Lori Burt Marketing Asst St aw Indus UIE s, Inc. Fina ncla l c ervia e� C epa � Iment: P.O. E ox 2128 VI mere C naat Fla axi Begin Mail Clla p 02( -01 Dalton, CIA. 30722 Dacembt r 1 I, 2012 To M IN to 11 May Comm: Continental Ploorin8 of S cottada la has l den a cm I a n i a r all Shaw Incl«, tri ea c ince '1989. Z hey purchaaa cloma to 9'Jniillior a yf a a i'g odact or open credit arrangernenta and im itrlain their aaa017111 in a most latisficilot3itnang�nerally earning early pay disicuimis w1u n available, ,Credit Manager Hing racial Sermiaea 80VE 0-7429 Option S 5129 State of Arizona Attachment Ke Personnel State Procurement Office Key 100 N 15th Ave., Suite 201 Phoenix, AZ 85007 Description: Commercial Flooring Products and Services ADSP013-00002054 OFFEROR'S KEY PERSONNEL QUALIFICATIONS INSTRUCTIONS: Answer all questions thoroughly. This Attachment shall be completed for all key personnel in the administration of any resultant contract under this solicitation. A separate resume may be attached as supplemental information, but shall not take the place of this attachment. Answers such as "See attached Resume" will not be accepted. If resumes are included please also reference the position on the resume. Sales Representative Laura Kuligowska Current Information Name Position Currently Held in Firm: Sales Respresentative Years With Firm: 9 Years Years in Current Position: 9 Years Years Experience in Role Under This Contract: 9 Years Percentage of Employee's Time Dedicated to This Contract: 75% Related Experience Project Name Arizona Department of Transportation Job Title Project Begin Date Project Ending Date Jefferson Basement - Furnish & Install Carpet Tile 7/30/2012 8/13/2012 Duties Performed Related to Proposed Position Field Measurements, Assistance with Product Selection, Project Size / Cost Estimate and Price Quotation Project Name Mesa Unified School District Job Title Project Begin Date Project Ending Date Stanley Transportation Center 11/5/2012 11/11/2012 Duties Performed Related to Proposed Position Field Measurements, Assistance with Product Selection, Project Size / Cost Estimate and Price Quotation Identify the primary function(s) of the candidate in performing the services required by this solicitation. Indicate the corresponding solicitation response page and paragraph number(s) wittun the description. Sales Representative to all State of Arizona customer base. Duties include: measuring of Jobsite (Page l 3.2), customer quotation (page 10, Section 13. 1), Seaming Diagrams (page 11, Section 13.3) as well as on-site product consultation and any other duties as may be required. LAURA KULIGOWSKA Floor Covering Consultant EMPLOYMENT: 2003 - Present Continental Flooring Company Floor Covering Consultant 2001 -2003 Real Business Solutions Southwest Regional Sales Manager 1994-2001 PLK Enterprises Inc. d.b.a. General Nutrition Center President 1993- 1994 Tempe Chamber of Commerce Membership Sales 1991 - 1993 Cyma Software Regional Account Manager 1988- 1991 Minolta Business Equipment Sales Manager 1985 -1988 First Investors Corporation District Manager 1980-0985 Business Division AT&T Sales Representative Educational Background: Clayton College of Natural Health Birmingham, Alabama Mesa Community College San Diego, California Related Experience: Responsible for the customer service of Governmental Agencies, including school facilities within the State of Arizona. Laura's vast sales experience enables her to assist customers in making informed decisions. Laura has received extensive training from a variety of floor covering manufacturers, assuring appropriate product selection. State of Arizona Attachment Ke Personnel State Procurement Office Key 100 N 15th Ave., Suite 201 Phoenix, AZ 85007 Description: Commercial Flooring Products and Services ADSP013-00002054 OFFEROR'S KEY PERSONNEL QUALIFICATIONS INSTRUCTIONS: Answer all questions thoroughly. This Attachment shall be completed for all key personnel in the administration of any resultant contract under this solicitation. A separate resume may be attached as supplemental information, but shall not take the place of this attachment. Answers such as "See attached Resume" will not be accepted. If resumes are included please also reference the position on the resume. Christopher L. Coleman President Name Current Information Position Currently Held in Firm: President Years With Firm: 26 Years Years in Current Position: 13 Years Years Experience in Role Under This Contract: 20 Years Percentage of Employee's Time Dedicated to This Contract: 10% Related Experience Project Name Pima County Facilities Job Title Project Begin Date Project Ending Date Furnish and Install Floor Covering — Various Projects 2/2011 2/2015 (w/renewals) Duties Performed Related to Proposed Position Oversight and staff management, Presenter at Annual PCFM Contract Renewal meeting (2/2011) Project Name Scottsdale Unified School District Job Title Project Begin Date Project Ending Date Furnish and Install Floor Covering — Various Projects 2000 On -Going Projects Duties Performed Related to Proposed Position Oversight and staff management, Product review for Facilities Manager at Scottsdale USD Identify the primary function(s) of the candidate in performing the services required by this solicitation. Indicate the corresponding solicitation/response page and paragraph number(s) within the description. Management and oversight of Continental Flooring Company staff, as well as contract administration (Section 5, page 29). CHRISTOPHER L. COLEMAN President EMPLOYMENT: Employed by Continental Flooring Company from 1985 through the present. 1999 -Present President 1995-1999 Executive Vice President 1990-1995 Vice President and Chief Financial Officer. Responsible for day-to-day operations. 1988-1989 General Manager and Chief Financial Officer. Responsible for finances, personnel as well as estimating and sales. 1987-1988 Control of Finances including financial planning, accounts, receivable, accounts payable, and cash flow management. also include estimating and sales 1986-1987 Estimator 1985-1985 Assistant Estimator Licenses/Training: EPA Ahera Asbestos training: Contractor/Supervisor Qualified States License: Qualifying Party State of Arizona Contractor License State of Nevada Contractor License State of South Carolina General Contractors License State of Tennessee General Contractors License State of North Carolina Federal Contractors License State of Louisiana General Contractors License State of Arkansas Flooring License Education: Received Bachelor of Finance Degree from Arizona State University in 1987. Had extensive side studies in Computer Programming, Computer Science, Mathematics and Astronomy. Additional Employment: Employed during High School and College in Service Industry. Associations: Finance Chair- Young Entrepreneurs Organization Life Member of Sigma Chi Fraternity. State of Arizona Attachment Ke Personnel State Procurement Office Key 100 N 15th Ave., Suite 201 Phoenix, AZ 85007 Description: Commercial Flooring Products and Services ADSP013-00002054 OFFEROR'S KEY PERSONNEL QUALIFICATIONS INSTRUCTIONS: Answer all questions thoroughly. This Attachment shall be completed for all key personnel in the administration of any resultant contract under this solicitation. A separate resume may be attached as supplemental information, but shall not take the place of this attachment. Answers such as "See attached Resume" will not be accepted. If resumes are included please also reference the position on the resume. Project Manager Current Information Lou St. Clair Name Position Currently Held in Firm: Project Manager Years With Firm: 8 Years Years in Current Position: 8 Years Years Experience in Role Under This Contract: 8 Years Percentage of Employee's Time Dedicated to This Contract: 50% Related Experience Project Name Arizona State Prison Complex — Safford Job Title Project Begin Date Project Ending Date Graham Library — Furnish & Install Carpet 1/30/2012 2/28/2012 Duties Performed Related to Proposed Position Receives Materials, schedules installation and oversees installation of project Project Name City of Mesa Job Title Project Begin Date Project Ending Date Various Projects (Main Library, Police Department, Fire 2000 Ongoing Department, Museum and other various city agencies) Duties Performed Related to Proposed Position Receives Materials, schedules installation and oversees installation of project Identify the primary function(s) of the candidate in performing the services required by this solicitation. Indicate the corresponding solicitation response page and paragraph number(s) wittun tine description. Project Management (oversight of Sections 13.4 — 13.14, pages 11-12). General oversight of installation project to include responsibilities included under Sections 13.4 — 13.14, pages 11-12 of the solicitation documents. LOUIS S. ST.CLAIR Project Manager EMPLOYMENT: 2004 — Present Continental Flooring Company Project Manager 2002 —2004 Artistic Polymers Coatings — Stone — Ceramic Owner 2000 —2002 Continental Flooring Company Project Manager 1989-1997 St. Clair Corp Owner Commercial & Residential Tile Educational Background: Bachelor of Science, Economics — 1989 Arizona State University Licenses / Training: Arizona Contractors License Residential & Commercial Armstrong Floor Covering Certification State of Arizona Attachment Ke Personnel State Procurement Office Key 100 N 15th Ave., Suite 201 Phoenix, AZ 85007 Description: Commercial Flooring Products and Services ADSP013-00002054 OFFEROR'S KEY PERSONNEL QUALIFICATIONS INSTRUCTIONS: Answer all questions thoroughly. This Attachment shall be completed for all key personnel in the administration of any resultant contract under this solicitation. A separate resume may be attached as supplemental information, but shall not take the place of this attachment. Answers such as "See attached Resume" will not be accepted. If resumes are included please also reference the position on the resume. Project Manager Current Information Mike Donoho Name Position Currently Held in Firm: Project Manager Years With Firm: 9 Years Years in Current Position: 9 Years Years Experience in Role Under This Contract: 9 Years Percentage of Employee's Time Dedicated to This Contract: 50% Related Experience Project Name Arizona Department of Administration Job Title Project Begin Date Project Ending Date Pioneer Home Halls and Lobb — Furnish and Install LVT 5/10/2012 6/10/2012 Duties Performed Related to Proposed Position Receives Materials, schedules installation and oversees installation of project Project Name Arizona Department of Transportation Job Title Project Begin Date Project Ending Date Vision Office — Furnish & Install Carpet Tile 9/27/2012 10/27/2012 Duties Performed Related to Proposed Position Receives Materials, schedules installation and oversees installation of project Identify the primary function(s) of the candidate in performing the services required by this solicitation. Indicate the corresponding solicitation response page and paragraph number(s) wittim tine description. Project Management (oversight of Sections 13.4 — 13.14, pages 11-12). General oversight of installation project to include responsibilities included under Sections 13.4 — 13.14, pages I 1-12 of the solicitation documents. EMPLOYMENT: 2003 - Present 2002 2001 -2002 1996-2001 Educational Background: MIKE DONOHO Project Manager Continental Flooring Company Project Manager K&M Woodcrafts Foreman/Field Supervisor FXL Cabinets Lead Installer/Field SUpervisor Michaels Custom Woodworks Owner Moorpark College Related Experience: Successfully completed contracted projects by teaming with suppliers, subcontracted labor and project managers. Responsible for maintaining quality assurance programs. Involved in all phases of flooring applications for remodeling and new construction. Maintains total project scope that best utilized time and labor, as well as troubleshooting to avoid potential difficulties. State of Arizona Attachment Ke Personnel State Procurement Office Key 100 N 15th Ave., Suite 201 Phoenix, AZ 85007 Description: Commercial Flooring Products and Services ADSP013-00002054 OFFEROR'S KEY PERSONNEL QUALIFICATIONS INSTRUCTIONS: Answer all questions thoroughly. This Attachment shall be completed for all key personnel in the administration of any resultant contract under this solicitation. A separate resume may be attached as supplemental information, but shall not take the place of this attachment. Answers such as "See attached Resume" will not be accepted. If resumes are included please also reference the position on the resume. Project Coordinator Current Information Cathy Gordon Name Position Currently Held in Firm: Project Coordinator Years With Firm: 18 Years Years in Current Position: 18 Years Years Experience in Role Under This Contract: 18 Years Percentage of Employee's Time Dedicated to This Contract: 50% Related Experience Project Name Arizona State Prison Complex — Tucson Job Title Project Begin Date Project Ending Date Carpe Tile materials only, for inmate labor install 10/25/2012 11/9/2012 Duties Performed Related to Proposed Position Operations Coordinator, orders materials, schedules materials for delivery and handles customer invoicing. Project Name City of Scottsdale Job Title Project Begin Date Project Ending Date Scottsdale Civic Library — Furnish & Install Carpet Tile 8/30/2012 9/28/2012 Duties Performed Related to Proposed Position Operations Coordinator, orders materials, schedules materials for delivery and handles customer invoicing. Identify the primary function(s) of the candidate in performing the services required by this solicitation. Indicate the corresponding solicitation response page and paragraph number(s) wittim tine description. Project Coordination of project to include: (page 11, Section 13.3.2), billing (page 18, Section 18. 1), volume sales report remittance (page 16, section 9) and general project coordination duties. CATHY GORDON Office Manager EMPLOYMENT: 1994 - Present Continental Flooring Company Office Manager, Arizona Division Related Skills: Since, 1994, Cathy has been involved in various contract -based projects. She is the Office Manager of the Arizona Division and is responsible for the purchasing, accounts receivable and contract administration functions of the division. State of Arizona State Procurement Office Attachment Subcontractor 100 N 15th Ave., Suite 201 Phoenix, AZ 85007 Description: ADSP013-00002054 Name of Firm: OFFEROR'S PROPOSED SUBCONTRACTOR(S) The Offeror shall indicate all subcontractors that the Offeror will use to perform any portion of this solicitation's Scope of Work. • If the Offeror will not subcontract any portion of this solicitation's Scope of Work and will be performing this solicitation's Scope of Work entirely with its own employees, then Offeror shall clearly indicate this by checking NO in the section below. • If any subcontractors will be used, the Offeror shall clearly indicate this by checking Yes in the section below and follow the instructions contained in that paragraph for identifying all subcontractors. NO, The above Offeror will not subcontract any portion of performance of any resultant contract under this solicitation. X YES The above Offeror will use the subcontractor(s) listed below in performance of any resultant contract under this solicitation. • The Offeror shall list below each subcontractor's name/location, the type of service to be provided, the certifications they possess (copies of all certifications shall be provided as an attachment to the submitted proposal) and the amount of time or effort (as a percent of total contract performance) that the subcontractor will perform in relation to total performance of this solicitation's requirements. Additional Pages may be used if necessary. • The Offer shall describe the quality assurance measures that the Offeror will use to monitor the subcontractor's performance as part of the response to Questionnaire Item 2.2. • The State reserves the right to request any additional information deemed necessary about any proposed subcontractors. Please include all requested information below or attach as separate document Name of Firm: CONTINENTAL FLOORING COMPANY SUBCONTRACTOR INFORMATION Name/Location Type of Service Certifications % Rite Way Flooring Installation Services L-8 —129159 12221 N. 49th Drive 7%* Glendale, AZ 85304 Tommie S. Flooring, LLC Installation Services L-13 —233402 9403 N. 49th Avenue 7%* Glendale, AZ 85302 R and L Flooring, Inc. Installation Services L-8— 208632 DBA: Rocky S Flooring 7%* 4924 E. Dallas Street Mesa, AZ 85205 A.C.S. Ceramic Tile, LLC Installation Services L-8— 276782 2845 E. Michelle Way 7%* Gilbert, AZ 85234 J.C.Z. Tile, LLC Installation Services L-48 - 259101 10233 N. 87th Street 7%* Scottsdale, AZ 85258 *Installation Services equals approximately 35% of total contract performance value. Solicitation No: ADSP013-00002034 Available online at Special Instructions, page 1 of 2 Procure.AZ.gov Contractor Information ROC259101 J Z C Tile LLC L-48 COMMERCIAL 259101 Page 1 of 1 �a `.b DISCLAIMER The data supplied below is based on your specific request(s) and is correct to the best of our knowledge as of the date and time it was extracted from our data files. The r • � ,"- � ti ft h information is provided without personal research or analysis. The data is subject to change on a daily basis. You may obtain additional public records related to any licensee, including dismissed complaints and nondisciplinary actions and orders, by contacting the ROC directly. If this information is regUred for legal purposes, you may request an affidavit or certified copies fora fee as specified in A.R.S. 32-1104A3, please read our Standard Disclaimer at www.azrac.gavlLegallDisclafmhtml L-481 COMMERCIAL I LLC First Issued: 09/29/2009 Please note: The company or individuals listed on this license may hold omen Arizona contracting licensee. To view information, statue and complaint history for the past two Renewed Thru: 09/30/2013 years on other licenses held, go to the License Inquiry page and do a "Company Name and Personnel' search by entering the name of the comparry or individuals listed on the Resolved/Settled/ 0 This is the number of complaints closed against this contractor that were resolved or settled by the contractor orwithdrawn by the complainant after issuance license. Details for License Number 259101 (Monday. December 10. 2012 8:42:16 AM) Contractor License Name/ Address/ Phone Status/ Action Class I Type I Entity = I Issued/Renewal J Z C Tile LLC CURRENT L-481 COMMERCIAL I LLC First Issued: 09/29/2009 10233 N 87th St Renewed Thru: 09/30/2013 Scottsdale, AZ 85258-6212 Resolved/Settled/ 0 This is the number of complaints closed against this contractor that were resolved or settled by the contractor orwithdrawn by the complainant after issuance Phone: (602) 989-3888 of a corrective work orderor formal citation License Class & Description I L-48 CERAMIC PLASTIC AND METAL TILE Qualifying Party and Personnel The Qualifying Party listed below is associated with this license. All other persons named, if any, are associated with the company. They are not all necessarily associated with this license. Name Garrett Dante Glenn Position QP/MEMBER Name Karen Lynn Glenn Position MEMBER Complaint Information Complaints against this contractor are listed below. Complaints that were cancelled, resolved or settled without a corrective work order or dismissed are not included. Contact the Registrar of Contractors at 602-542-1525 or toll-free statewide at 1-877-MYAZROC (1-877-692-9762) to identify the ROC office location you need to visit to view complete complaint documentation. Open: 0 This is the number of complaints against this contractor that are currently open exceptthose in which an agencyinspection has not occurred or a violation was not found. Upon adjudication some complaints arefound to be without merit and are dismissed. Closed Cases Disciplined: 0 This is the number of complaints against this contractor that resulted in discipline being imposed star an administrative hearing or defaut because of a violation(s) of state contracting law. Resolved/Settled/ 0 This is the number of complaints closed against this contractor that were resolved or settled by the contractor orwithdrawn by the complainant after issuance Withdrawn: of a corrective work orderor formal citation DeniedAccess: 0 This is the number of complaints against this contractor that were dosed without corrective work being performed bemuse the contractor was denied access by the complainant. Bankruptcy: 0 This is the number of complaints against this contractor that were dosed because the contractor is in bankruptcy. n_r-.]r y,. _-:.ua °.'NXsa aF�s..l'�a�E='.ser.�..ffi*.vas?atet�:�.-ue._cs-s.<ay.�'�"®a-.-C_•+�T:.–+t�Sa:�+.�.=-��: '.'�x..Ll.. ..isT—Y9}�i+�:w. _ _._ Bond [ 1 ] Information Number Effective Amount I Paid I Available I Company Notes AZ398197 09/29/2009 $2,500.00 $0.00 $2,SOD.00I MERCHANTS BONDING COMPANY (MUT http://www.azroc.gov/forms/details.asp?license=259101 12/10/2012 Contractor Information ROC129159 Rite Way Flooring L-8 COMMERCIAL 129159 Page 1 of 1 ey} e�qrCV DISCLAIMER s ` .- q The data supplied below is based on your specific requests) and is correct to the best of our knowledge as of the date and time it was extracted from our data files. The 7 ` '3 information is provided without personal research or analysis. The data is subject to change on a daily basis. You may obtain additional public records related to any licensee, including dismissed complaints and nondisciplinary actions and orders, by contacting the ROC directly. If this information is required for legal purposes, you may request an O i"� affidavit or certified copies for a fee as specified in A.R.S. 32.1104A3. Please read our Standard Disdaimer at www.azroc.govlLegal/Dlsclalmhtml Please note: The company or individuals listed on this license may hold olherArizona contracting licenses. To view information, status and complaint history for the past two years on other licenses held, go to the License Inquiry page and do a "Company Name and Personner search by entering the name of the comparry or Individuals listed on the license. Details for License Num Contractor License Name/ Address/ Phone Status/ Action Class I Type I Entity Issued/Renewal Rite Way Flooring CURRENT L-8 I COMMERCIAL I SOLE First Issued: 11/17/1997 12221 N 49th Dr PROPRIETORSHIP Renewed Thru: 11/30/2013 Glendale, AZ 85304-2213 Phone: (602) 589-6674 License Class & Description I L-8 FLOOR COVERING Comments o[SUSPENDED NON -RENEWAL 12/01/2011 - 12/16/2011 ]*[SUSPENDED LACK OF BOND 01 /07/2011 - 12/13/201 I]e(SUSPENDED NON -RENEWAL 12/01/2009 - 06/08/2010]o[SUSP 12/l/04 - 12/14/04 RENEWAL] Qualifying Party and Personnel The Qualifying Party listed below is associated with this license. All other persons named, if any, are associated with the company. They are not all necessarily associated with this license. Name Michael Doug Dominica Jr I Position QP/OWNER I Qual. Date 11117/1-99-7-1 Complaint Information Complaints against this contractor are listed below. Complaints that were cancelled, resolved or settled without a corrective work order or dismissed are not included. Contact the Registrar of Contractors at 602-542-1525 or toll-free statewide at 1-877-MYAZROC (1-877-692-9762) to identify the ROC office location you need to visit to view complete complaint documentation. Open: 0 This is the number of complaints against this contractor that are currently open exceptthose in which an agency inspection has not occurred or a violation was not found. Upon adjudication some complaints are found to be without merit and are dismissed. Closed Cases Disciplined: 0 This is the number of complaints against this contractor that resulted in discipline being imposed ater an administrative hearing or defaut because of a violation(s) of state contracting law. Resolved/Settled/ 0 This is the number of complaints closed agahst this contractor that were resolved or settled by the contractor or withdrawn by the complainant after issuance Withdrawn: of a corrective work orderor formal citation Denied Access: 0 This is the number of complaints against this contractor that were dosed without corrective work being performed because the contractor was denied access by the complainant. Bankruptcy: 0 This is the number of complaints against this contractor that were dosed because the contractor is in bankruptcy. 4F Bond [ 1 ] Information Number Effective Amount Paid Available Company Notes 856132785 11/14/2007 $2,500.00 $0.00 $2,500.00 R L I INSURANCE COMPANY Bond [ 2 ] Information Number Effective Cancelled Amount Paid I Available I Company Notes AG7554 11/15/2001 11/14/2007 $2,500.00 $0.00 1 $2,500.00 1 CONTRACTORS BONDING & INSUR CO Bond [ 3 ] Information Number Effective Cancelled Amount Paid I Available I Company Notes 7009378 11/17/1997 12/09/2001 $2,500.00 $0.00 1 $2,500.00 1 FAR WEST INSURANCE COMPANY h4://www.azroc.gov/forms/details.asp?license=129159 12/10/2012 Contractor Information ROC233402 Tommie S Flooring LLC L-13 COMMERCIAL 233... Page 1 of 1 tray DISCLAIMER The data supplied below is based on your specific request(s) and is coned to the best of our knowledge as of the date and time it was extracted from our data files. The r 0 - information is provided without personal research or analysis. The data is subject to change on a daily basis. You may obtain additional public records related to arty licensee, including dismissed complaints and nondisciplinary actions and orders, by contacting the ROC directly. If this information is required for legal purposes, you may request an ' affidavit or certified copies for a fee as specified in A.R.S. 32-1104A3. Please read our Standard Disclaimer atwww.azmc govlLegal/Disclaimhtml ;y? Please note: The company or individuals listed on this license may hold otherAr¢ona contracting licenses. To view information, status and complaint history for the past two ' years on other licenses held, go to the License Inquirypage and do a "Company Name and Personner search by entering the name of the company or individuals listed on the license. I Details for License Number 233402 ( Monday. December 10. 2012 8:09:06 AM) I Contractor License Name/ Address/ Phone Status/ Action Class I Type I Entity Issued/Renewal Tommie S Flooring LLC CURRENT L-13 I COMMERCIAL I LLC First Issued: 05/24/2007 9403 N 49th Ave Renewed Thru: 05!31/2013 Glendale, AZ 85302-3504 0 This is the number of complaints against this contractor that were dosed without corrective work being performed because the contractorwas denied access by the complainant. Phone: (602) 525-0668 Number License Class & Description I L-13 CARPETS Qualifying Party and Personnel The Qualifying Party listed below is associated with this license. All other persons named, if any, are associated with the company. They are not all necessarily associated with this license. rName Tommie Edward Mitchell Position QP/MEMBER QuaL Date 05/24/2007 Complaint Information Complaints against this contractor are listed below. Complaints that were cancelled, resolved or settled without a corrective wont order or dismissed are not included. Contact the Registrar of Contractors at 602-542-1525 or toll-free statewide at 1-877-MYAZROC (1-877-692-9762) to identify the ROC office location you need to visit to view complete complaint documentation. Open: 0 This is the number of complaints against this contractor that are currently open exceptthose in which an agency inspection has not occurred or a violation was not found. Upon adjudication some complaints are found to be without merit and are dismissed. Closed Cases Disciplined: 0 This is the number of complaints against this contractor that resulted in discipline being imposed star an administrative hearhg or defaut because of a violation(s) of state contracting law. Resolved/Settled/ Withdrawn: D This is the number of complaints closed against this contracior that were resolved or settled by the contractor orwithdrawn by the complainant after issuance of a corrective work order or formal citation Denied Access: 0 This is the number of complaints against this contractor that were dosed without corrective work being performed because the contractorwas denied access by the complainant. Bankruptcy: 0 This is the number of complaints against this contractor that were dosed because the contractor is in bankruptcy. .zu�:.,tar+.vs�a - .���.-��..�:.r�-ar..� �.^�:=,-3:.:`-�....=:�c�-•r..;� a•-LLQ,.-,�...,n_as.:..�. _..m:,.� ,-�___d,,,::,,t__.�.�_ m..�.o.�e.�:.v�,r-..a.�,>�-- �<T.�� Bond [ 1 ] Information Number Effective Amount Paid Available Company Notes LSM0281049 03/21/2011 $2,500.00 $0.00 $2,500.00 R L I INSURANCE COMPANY I Bond [ 21 Information Number Effective Cancelled Amount Paid Available Company Notes 357822C 04/20/2009 07/30/2011 $2,500.00 1 $0.00 $2,500.00 1 DEVELOPERS SURETY AND INDEMNIT Bond [ 3 ] Information Number Effective Cancelled Amount Paid Available I Company Notes FS8144112 05/24/2007 04/20/2009 $2,500.00 1 $0.00 1 $2,500.00 1 GREAT AMERICAN INSURANCE CO http://www.azroc.gov/forms/details.asp?license=233402 12/10/2012 Contractor Information ROC208632 R and L Flooring Inc L-8 COMMERCIAL 208632 Page 1 of 1 k'tr. r DISCLAIMER f j The data supplied below is based on your specific request(s) and is correct to the best of our knowledge as of the date and time it was extracted from our data files. The ,• ' 'A information is provided without personal research or analysis. The data is subject to Grange on a daily basis. You may obtain additional public records related to any licensee, includingdismissed complaints and nondlsci line actions and orders, b contacting the ROC directly. If this information is required for legal purposes, you may request an pl P ry Y 9 Y q� 9 PrP Y Y affidavit or certified copies for a fee as specified in A.R.S. 32-1104A3. Please read our Standard Disclaimer at www.azroc.govA egaI1Disclaimhtml Please note: The company or individuals listed on this license may hold other Arizona contracting licenses. To view information, status and complaint history for the past two years on other licenses held, go to the License Inquiry page and do a 'Company Name and Personnel' search by entering the name of the company or individuals listed on the license. Details for License Number 208632 Monda , December 10, 2012 8:11:33 AM Contractor License Name/ Address/ Phone F Status/ Action Class I Type I Entity = I Issued/Renewal R and L Flooring Inc CURRENT L-8 COMMERCIAL I CORPORATION First Issued: 06/28/2006 DBA: Rocky S Flooring Renewed Thru: 06!30/2013 4924 E Dallas St Mesa, AZ 85205-6434 Phone: (602) 469-6160 License Class & Description I L-8 FLOOR COVERING ��o�il�rutrtw£ I •[ Usl� ill /07-9/77107 RENEWAL] Qualifying Party and Psrsonrtlel The Qualifying Party listed below is associated with this license. All other persons named, if any, are associated with the company. They are not all necessarily associated with this license. Name David I Dewane Position QP/OFFICER Qual. Date 06128120061 Complaint Information Complaints against this contractor are listed below. Complaints that were cancelled, resolved or settled without a corrective work order or dismissed are not included. Contact the Registrar of Contractors at 602-542-1525 or toll-free statewide at 1-877-MYAZR OC (1-877-692-9762) to identify the ROC office location you need to visit to view complete complaint documentation. Open:0 This is the number of complaints against this contractor that are currently open exceptthose in which an agency inspection has not occurred or a violation was not found. Upon adjudication some complaints are found to be without ment and are dismissed. Closed Cases Disciplined: 0 This is the number of complaints against this contractor that resulted in discipline being imposed ater an administrative hearing or defaut because Ufa violation(s) of state contracting law. Resolved/Settled/ 0 This is the number of complaints closed agahst this contractor that were resolved or settled by the contractor orwithdrawn by the complainant after issuance Withdrawn: of a corrective work orderor formal citation Denied Access: 0 This is the number of complaints against this contractor that were dosed without corrective work being performed because the contractor was denied access by the complainant. Bankruptcy: 01 This is the number of complaints against this contractor that were dosed because the contractor is in bankruptcy. fzz-- ,Z' -, w. •,:.a.a.,>::.:_ .��,._.....rry- .- Bond [ 1 ] Information Number Effective Amount Paid Available Company Notes TA1273 1 06/28/2005 $2,500.00 $0.00 $2,500.00 1 CONTRACTORS BONDING & INS CO http://www.azroc.gov/forms/details.asp?license=208632 12/10/2012 Contractor Information ROC276782 A C S Ceramic Tile LLC L-8 COMMERCIAL 2767... Page 1 of 1 License Name/ Address/ Phone Status/ Action "4rar Cl DISCLAIMER Air'< The data supplied belay is based on your specific pq y p request(s) and Is correct to the best of aur knowledge as of the date and time itwas extracted from our date files. The a ' R information is provided without personal research or analysis. The data is subject to change on a daily basis. You may obtain additional public records related to any licensee, including dismissed complaints and nondisciplinary actions and orders, by contacting the ROC directly. If this information is regrired for legal purposes, you may request an Resolved/Settled/ affidavit or certified copies We fee as specified in A.R.S. 32-1104A3. Please read our Standard Disclaimer at www.azroc.gov/Legal/Disciaimhtmi Withdrawn: of a corrective work orderor formal citation. Denied Access: Please note: The company or individuals listed on this license may hold other Arizona contracting licenses. To view information, status and complaint history for the past two years on other licenses held, go to the License Inquiry page and do a "Company Name and Personnel' search by entering the name of the company or individuals listed on the Bankruptcy: 0 This is the number of complaints against this contractor that were dosed because the contractor is in bankruptcy. .� r__�= —---'�..-.cam. isc�,-_.--._�....7s::::r.:x�-,-k.u,. license. Details for License Number 276782 (Monday. December 10. 2012 8:38:05 AM) .� Contractor License Name/ Address/ Phone Status/ Action Class I Type I Entity Issued/Renewal A C S Ceramic Tile LLC CURRENT L-8 I COMMERCIAL I LLC First Issued: 01/2912012 2845 E Michelle Way Renewed Thru: 01/31!2014 Gilbert, AZ 85234-1434 Resolved/Settled/ Phone: (480) 654-5120 Withdrawn: License Class & Description I L-8 FLOOR COVERING Qualifying Party and Personnel The Qualifying Party listed below is associated with this license. Al! other persons named, if any, are associated with the company. They are not all necessarily associated with this license. Name Charles Edward Leyva Name Shari Ilene Leyva j Position QP/MEMBER Qual. Date 01!29/2012 Position MEMBER Complaint Information Complaints against this contractor are listed below. Complaints that were cancelled, resolved or settled without a corrective work order or dismissed are not included. Contact the Registrar of Contractors at 602-542-1525 or toll-free statewide at 1-877-MYAZROC (1-877-692-9762) to identify the ROC office location you need to visit to view complete complaint documentation. Open:101 This is the number of complaints against this contractor that are currently open exceptthose in which an agency inspection has not occurred or a violation was not found. Upon adjudication some complaints are found to be without merit and are dismissed. Closed Cases Disciplined: 0 This is the number of complaints against this contactor that resulted in discipline being imposed ater an administrative hearing or defaut because of a violation(s) of state contracting law. Resolved/Settled/ 0 This is the number of complaints closed against this contractor that were resolved or settled by the contractor orwithdravm by the complainant after issuance Withdrawn: of a corrective work orderor formal citation. Denied Access: 0 This is the number of complaints against this contractor that were dosed without corrective work being performed because the contractor was denied access by the complainant. Bankruptcy: 0 This is the number of complaints against this contractor that were dosed because the contractor is in bankruptcy. .� r__�= —---'�..-.cam. isc�,-_.--._�....7s::::r.:x�-,-k.u,. _sA�._:a�_��.-r_r=. �,,.-..:�`aar._'�..�!..,_T.-20-:.:aacaar-x�uz:��a-S..7�rs�=••:.[ Bond [ 1 ] Information Number Effective Amount Paid Available Company Notes AZ 406273 01/18/2012 $2,500.00 1 $0.00 $2,500.00 1 Merchants Bonding Company (Mutual) http://www.azroc.gov/forms/details.asp?license=276782 12/10/2012 ORGANIZATIONAL PROFILE Failure to fully address all questions may cause the bid to be determined non-responsive. The Offeror shall have at least three (3) years experience in providing similar type work as stated in this solicitation. Firm Name �11> sT9� Request for Proposal Year Present Firm was Established State of Arizona PAGE State Procurement Office * Solicitation No.: ADSP013-00002054 100 N. 15th Ave, Suite 201 Phoenix, AZ 85007 Description: Organization Profile of 1 ORGANIZATIONAL PROFILE Failure to fully address all questions may cause the bid to be determined non-responsive. The Offeror shall have at least three (3) years experience in providing similar type work as stated in this solicitation. Firm Name Continental Flooring Company Year Present Firm was Established Principal Business Address 1979 9319 N. 94th Way, Suite 1000, Scottsdale, AZ 85258 Telephone Number Other/Former Names under which your Organization has operated 480-949-8509 N/A CONTRACT REPRESENTATIVES TO CONTACT Name Title Telephone Number E -Mail Address I Christopher L. Coleman President 480-949-8509 ccoleman(a,continentalflooring.com 2 Laura Kuligowska Sales Representative 480-949-8509 laurak(u)continentalfloorin .corn EXPERIENCE Provide three (3) organizations for which your firm provided services of similar size and scope within the past 3 years. Please make sure all information is accurate and easily verifiable. Client Companj Contact Begin Date End Date Marico a County Mr. Charles Hinegardner 4/2010 4/2013 Address Phone Number Email Address 1 520 W. Lincoln Street, Phoenix, AZ 85003 602-506-6576 hinegardnerc(a%mail.maricopa.goy Services Provided Furnish and Install Floor Covering Client Company Contact Begin Date End Date Mr. Tom Gordon 2/2011 2/2015 Pima CountyFacilities Management (w/renewals) Address Phone Number Email Address 2 150 W. Congress Street, 3'" Floor 520-724-3774 Tom.gordon@pima.gov Tucson, AZ 85701 Services Provided Furnish and Install Floor Covering Client Company Contact Begin Date End Date General Services Administration Mr. Michael Jennetta 6/23/2000 6/22/15 Address Phone Number Email Address 3 20 North 8th Street, 10th Floor 215-446-5795 Michael.jennetta@gsa.gov Philadelphia, PA 19107 Services Provided Furnish and Install Floor Covering * Additional References are available upon request. Attachment II State of Arizona PAGE State Procurement Office Solicitation No.: ADSP013-00002054 46 100 N.15th Ave., Suite 201 OF Phoenix, AZ 85007 Description: Commercial Flooring Products and Services 47 Pricing Instructions II Offerors shall complete the Excel spreadsheet entitled "Attachment II — Pricing Schedule", and provide all requested information according to the instructions found there. The spreadsheet is found in Attachments section of ProcureAz under the file named RFP ADSP013-00002054. Flooring Product prices match ProcureAZ line items to be completed by Offeror. Other materials and services may be listed on Attachment II Pricing Schedule for consideration. This statewide solicitation does not offer price differentiation per region. The Offeror may bid on material and services that would correlate with flooring purchases (including but not limited to design, removal, special installation, repairs, etc.). Offeror shall make available a complete family or line of business of a manufacturer's products at a fixed price per unit of measure. Discounts off list prices shall be offered in fixed prices with one or more discounts per manufacturer. Proposed manufacturers shall provide material in current production and marketed to the commercial and education/government agencies at the time the bid is submitted. 2. Offeror shall provide products and services, as described herein, at a rate for flooring and installation. Unit of measures include SQFT(square feet), SQYD(square yard), LFT(lineal foot) and job or each. Pricing shall be listed on the Pricing Spreadsheet Attachment II of the solicitation and entered per instructions in ProcureAZ line items. 3. Offeror shall provide services, as described herein, at a time and material rate for flooring maintenance, patch and repairs for all carpets/tiles as required by the eligible Agency. Miscellaneous charges should be entered on as a separate line item for Buyer approval. 4. Offerors are entitled to the State Travel policy for distances of travel outside of the 50 miles radius from the starting point of The Arizona State Procurement Office, 100 North 15th Avenue, Phoenix, AZ 85007. All travel related expenses under this contract shall be governed by the State of Arizona's Travel Policy. All State of Arizona Travel Policies and Procedures can be found at http://www.ciao.az.aov/travel/defauIt.asr) State of Arizona _ END OF SOLICITATION State Procurement Office 100 N 15th Ave., Suite 201 Phoenix, AZ 85007 Solicitation No: [RFP ADSP013-00002034 ] Description: Commercial Flooring Products and Services This Page Intentionally Left Blank � ® Lam/ CERTIFICATE OF LIABILITY INSURANCE DATE (MM/ Y) 1D,28,20162a16 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Willis Insurance Services of California, Inc. CONTACT NAME: PHONE FAX AIC No. Ext):1-877-945-7378 (AIC No):1-888-467-2378 _ c/o 26 Century Blvd _ E-MAIL ADDRESS:certificates@willis.com P.O. Box 305191 Nashville, TN 372305191 USA INSURERS AFFORDING COVERAGE NAIC # INSURERA:Ohio Security Insurance Comp_c 24082 EACH OCCURRENCE $ 11000,000 INSURED Continental Flooring Company INSURER B:Ohio Casualty Insurance Company 24074 INSURERC: 9319 N 94th Way,#1000 Scottsdale, AZ 85258 INSURER D : INSURER E : A INSURER F: COVERAGES CERTIFICATE NUMBER:w16873e3 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER EFF MMIDDPOLICYIYYYY POLICY EXP MMIDD LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 11000,000 CLAIMS -MADE FX1 OCCUR AGE TO RENTED PREM SES (L. o.'rrence)$ 1-00,000 MED EXP (Any one person) $ 5, 000 A y y BKS(17)56264714 11/01/2016 11/01/2017 PERSONAL &ADV INJURY $-116001000 GEN'L AGGREGATE LI MIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS_ COM PLOP AGG _$ _ 2,000,000 — ----'— - POLICY[ JECT LOC OTHER' $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1 Ea $ , 000, 000 accident BODILY INJURY (Per person) $ X ANY AUTO A ALL OWNED SCHEDULED AUTOS AUTOS BAS (17) 56264714 11/01/2016 11/01/2017 BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per acddent NON -OWNED %� HIRED AUTOS %� AUTOS — __ $ B X UMBRELLA LIAB x OCCUR EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 EXCESS LIAB CLAIMS -MADE BSO(17)56264714 11/01/2016 11/01/2017 DED I X I RETENTION $$10, 000 —FP—ER WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OTH$ STATUTE ER E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? F N 1 A (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Contract # ADSP013-040451. The State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents and employees are included as Additional Insureds as respects to the General Liability. It is understood and agreed that the company waives its right of Subrogation which may arise by reason of a payment of claim under the General Liability. It is further agreed that such insurance as is afforded shall be Primary and CERTIFICATE HOLDFR CANCELLATION Arizona State Procurement Office 100 N 15th Ave., Suite 104 Phoenix, AZ 85007 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD SR ID:13553513 HATCH:Batch #: 263078 AGENCY CUSTOMER ID: LOC #: ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Willis Insurance Services of California, Inc. Continental Flooring Company 9319 N 94th Way,#1000 POLICY NUMBER See Page 1 Scottsdale, AZ 85258 --[ CARRIER NAIC CODE See Page 1 See Page 1 EFFECTIVE DATE: See Page 1 HUUI I IUrSIAL THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability insurance non-contributory to any other insurance in force for or which may be purchased by Additional Insured. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 13553513 Batch #: 263078 W1687383 EXHIBIT B TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND CONTINENTAL FLOORING COMPANY [Work Orders] See following pages. 2961261.1 CPT� TINENTr4L RdNG GIJMANY April 24, 2017 Town of Fountain Hills Raymond Rees 16705 E Avenue of the Fountains Fountain Hills, AZ 85268 9319 N. 9411 Way • Suite 1000 • Scottsdale, AZ 85258 Phone (480) 949-8509 • Toll Free (800) 825-1221 FAX (480) 945-2603 Website www.continentalflooring.com RE: Town of Fountain Hills- Community Center Carpet Replacement Arizona State Flooring Contract No. ADSP013-040451, Renewal date 1/31/2017 Dear Mr. Rees: In response to your request for quotation, Continental Flooring Company offers the following proposal for your consideration under Arizona State Flooring Contract No. ADSP013-040451: Line Description MO Furnish Philadelphia Carpet Tile Hookup Color: Spark 90 Install Philadelphia Carpet Tile 191 Carpet Base Binding and Installation 96 Remove Existing Floorcovering 83 Moving of Furniture MO Furnish Philadelphia Carpet Tile Hookup Color: Spark Qty Price Extended 2023 SY $20.31 SY $41,087.13 2023 SY $4.40 SY $8,901.20 2217 LF $1.25 LF $2,771.25 1920 SY $2.44 SY $4,684.80 1000 SY $2.98 SY $2,980.00 27 SY $20.31 SY $548.37 Sub Total $60,972.75 Prime contracting tax rate 5.7850% Tax $3,527.27 Total $64,500.02 This quote is covered by the terms of the underlying contract and as such contains a pass through provision for applicable sales and use (transaction privilege) taxes. The applicable taxes owed are shown on the quote. Arizona House Bill 2389; relating to Tax Simplification, which took effect January 1, 2015, may modify how taxes are calculated and shown on future quotes and on open market quotations but not on quotes covered by contracts in place prior to January 1, 2015. Prices listed in this quote include moving of standard furniture. Standard furniture moving includes moving of regular desks, chairs, 2 drawer file cabinets, half empty 4 drawer filing cabinets and empty bookcases. (Excludes modular furniture, fireproof file cabinets and safes) Not included in moving of standard furniture is the moving of sensitive electronic equipment such as computers, telephones, copiers and such. You should have your IT department or facilities department coordinate the moving of all electronic items. A guide sheet regarding what to do before installation begins is included with this quote and another copy will be sent to you once an installation date is set. Prices listed in this quote include standard sub -floor preparation. Standard sub -floor preparation consists of a maximum of 251bs of patch for every 300 square yards of material, except as otherwise noted. Should any unforeseen sub floor conditions exist additional charges will apply. Continental Flooring does not test for asbestos or provide asbestos abatement. The Owner represents that they have taken all necessary steps to insure that no asbestos exists on this project. The Owner accepts all responsibility for the testing and removal of asbestos and will hold Continental Flooring harmless relating to asbestos. The owner will provide related certification to continental flooring if required. 1 of 2 Once your purchase order is delivered to Continental Flooring Company, materials for your installation will be ordered. Cathy Gordon, operations coordinator (480) 949-8509 ext. 289 will contact you when the material for this installation has been received and provide a proposed installation date for your approval. Thank you for the opportunity to quote to you on this project. Should you have any questions, or require additional information, please call me at (480) 949-8509 ext. 204 or on my mobile at (623) 218-8399 or email me directly at cwalker@continentalflooring.com. Respectfully, Cattie Walker Continental Flooring Company Celebrating over 30 years of flooring the public sector 2 of 2 Meeting Date: 5/1812017 Agenda Type: Consent TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Development Services Staff Contact Information: Robert Rodgers, Development Services Director rrodgers@fh.az.com Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of a FILL WAIVER request by MCO Properties and Toll brothers to waive the requirements of Subdivision Ordinance Section 5.03.G in order to permit graded un -retained 2:1 fill slopes within Adero Canyon, Parcels 1 and 7. Case #CFW 2017-02 Applicant: Francisco Lopez, MCC) Properties Applicant Contact Information: MCO Properties 136201 N. Saguaro Blvd., Suite 200 Fountain Hills, AZ 85268 Property Location: Adero Canyon Parcels 1 and 7 Fountain Hills, AZ 85268 Jamie Taylor, Toll Brothers Toll Brothers 8767 E. Via De Ventura Scottsdale, AZ 85258 Related Ordinance, Policy or Guiding Principle:. Fountain Hills Subdivision Ordinance Article 5, Section 5.03 - Cut and Fill Standards Staff Summary (background): Adero Canyon, Parcels 1 and 7 are currently being developed as pre -padded, semi -custom, single- family house lots by Toll Brothers. The nature of the terrain requires that many of the house pads are on different levels than neighboring pads. This is partially mitigated by numerous retaining walls, many of which have adjacent un -retained cut or fill slopes. The maximum un -retained grade of a fill slope that is allowed by Section 5.03.G of the Fountain Hills Subdivision Ordinance is 3:1 (3' horizontal to 1' vertical). This application is a request by MCO Properties and Tall Brothers for waivers of the maximum allowable slope of un -retained fill areas to allow 2:1 ( 2' horizontal to 1' vertical) un -retained fill slopes in these areas. Page 1 of 3 Ac era Canyur Aarceli 1 & 7 CIFIVU 2CIA412 Staff fas idErillifiEc ihrEe ebjEciivEEl in reviewing cut anc fill waiver rEqLEsits. Thcsie objEciivEs are: 1; To re d uc a Me visual impac is otl the propose d de ve lopment as viewe d tlroim the adjac ent praipe dies anc righis cif ways. The prcpcsed fill areas) are rlct natural c r undisturbed e reals. The areas aide irrirriEdi&iely adjacent to rEllaining walls alcng il-E rear aind sidE prcperty IinEsl of the pile-paidded hcuse Icts in Raircels 1 and 7 in Adem Cainyon. 1hE prcpCEIEd fill areas will nct encroach into any LndisturbEd or HRE arE as. 2) To review the measures applied Hyl the c esiglne r to minimize the amount cif cut and till. The areas) undE r cc rlsidellatic n havE already beE n clew red. %Nlaff do es not believE tl• is ciiiieric n is applicable tc this aiiea as it has beE n previously mass-graided. 3) To consicer posisiiUle alternaiivesi to the proposed plan that would ceinform to the cut air dill ordinance mecluirementsi. One aliernaitive we L Id bE that each fill slc pe Ic catic n cc uld bE IlegL irE d to maintain the 3:1 slope requiremE nt. This IlegL iremE nt would incrE ase the length of these slc pe areas) and fu&ell encroach intc #E aidjaieent let's bcilding pad erEas. The apiplicaints havE indicated 11hat thiswculd crEaite problems) with site design and building cri #csie Icts. llhe Iccadlicns cf ll -e fill sllcpE areas includEd in this w&ivEr request are riotEd in crangE on #e atilached exhibit. ThE e ppilicanis 1 -ave also provided ai narllativE (laitiaiched; briefly outlining tl• e Icciaticns and reaserls for IlegLeating 11hE prcpcsed waivers. ThEy halve fLrthEr statEd 11hat the current prcpcaal is the best design #Ey can ecccrriplish. llhe Cwner (MCO Rroperties) and the Appilicant)Buyer (Tcll Brcthers; have both indicailed 11hat they arE in agrEemEntwith this request and wisih to move fcrward wiilh 11hE grading waivers as presEntEd. Risk Analysis I1c p1l is ns oil alternatives with i rrlplicai ie ns): Appireval will allow the use of 2:1 fill slc PES adj&eeni to the building pad areas in RaircEls 1 and 7. DEnial will still allow the 2:1 cut slopes, but will rEquirE chat the dEvelcprrient maintain 3:1 cr grEater fill slopes wl"Eiie they cccur. Risical Impact ilinitiail aired cngoirig ccsts; budged status;: NA Bud glet Re fee re nc a I1pagE nurribE r): NA Runcing Source: Ill N ulllipki flL nc s uliliaw, , Hsi hEine: NA NA Budgleted; if No, aitilaich BudgEtAdjusirrieni Fcrrrl: NA Re comme ndation(s; by Board Its) or Cairrlmission(s) : NA Staff Reccirrlmendationllsi): Staff recc mime nds tl- at the Town Ce c ncil aippircve the Fill Slope Wive r requE si tc pE rmit glladE d un- rEteined 2:1 fill slopes witf• in AdE re Canyon, RaircE Is 1 and 7 he use Icts as prEsenied. Page 2 of ] Adero Canyon Parcels 1 & 7 CPW 2017-02 List Attachment(s): 1. Application 2. Applicant's Narrative 3. Fill Waiver Exhibit SUGGESTED MOTION (for Council use): Move to APPROVE the Fill Waiver request to waive the requirements of Subdivision Ordinance Section 5.03.G in order to permit graded un -retained 2:1 fill slopes within Adero Canyon, Parcels 1 and 7 as presented. Case #CFW 2017-02 Director's Approval: 5/9/2017 obertRokiyers, Development Services Director Approved: 5/10/2017 Grady Miller, % p Manager Page 3 of3 `Jek'K ^t N hr� DO Not write in this space —official use only �N Filing Date :y Accepted By Fee Accepted Case Manager The Town of Fountain Hills PLANNING & ZONING DEPARTMENT - APPLICATION Abandonment (Plat or Condominium) Appeal of Administrator's Interpretation Area Specific Plan & Amendments Concept Plan Condominium Plat ✓ Cut/Fill Waiver Development Agreement HPE Change or Abandonment General Plan Amendment Ordinance (Text Amendment) Planned Unit Development Preliminary / Final Plat Replat (Lot joins, lot spllts, lot line adjustments) Rezoning (Map) Special Use Permit & Amendments Site Plan Review (vehicles sales) Temporary Use Permit (Median Fee, If applicable) Variance # Other PROJECT NAME / NATURE OF PROJECT: LEGAL DESCRIPTION: Plat Name Adero canyon Block Lot PROPERTY ADDRESS: Pamel#ta^ditm #7 PARCEL SIZE (Acres)Parcel#I 38.14A,Percel#729.43 A ASSESSOR PARCEL NUMBER 2015edne6,20150148282 NUMBER OF UNITS PROPOSED Force] #130 U, Parcel #731u TRACTS Parcel #130 U, Parcel #731U EXISTINGZONING RlArun Sc.PAO PROPOSED ZONING 7A licant dypo)837- 16&0 Mrs. CZA,. e•r,. 4,PFM Day Phone *�4* ffyT 303 ✓ Mr. /3626 ,v 41," STd A. c, Ms. Address: CIty:�Fff-State: A2 Zip:.' 3'4 -}Gd' Email: FI-PeZ�ylatco �RoPrzl i� r • Cewf Owner #Mrs. Aderocanyon LLC Day Phone(713)267-3826 Mr. Ms. Address: taco Past oak Boulevards1e 2000 City: Hoaeton State: TX Zip: nese Ifapplicallon Is beingsubmlttedbysomeone other than the ownerof the property underwaslderatlon, the section below becumpleted,k\��.� d\ero Cany C, a elaware limited liability company SIGNATURE OF OWNE DATE May a, 2017 David V. Susan, General Counsel I HEREBY AUTHORIZE FmnciscoLop= TO FILE THIS APPLICATION. Please Print O Merriha,f an,i vu,mn h>fnrc me /hie QA, daa of Mav 90 17 _ o°HT AIN DO Not write in this space —official use only k m Filing Date - s Accepted By �Fee Accepted Case Manager •�rlroet fs A<A•Wo The Town of Fountain Hills PLANNING & ZONING DEPARTMENT - APPLICATION Abandonment (Plat or Condominium) n. Appeal of Administrator's Interpretation Area Specific Plan & Amendments Concept Plan Condominium Plat ✓ Cut/FIII Waiver Development Agreement HPE Change or Abandonment General Plan Amendment Ordinance (Text Amendment) Planned Unit Development Preliminary / Final Plat Replat (Lot Joins, lot splits, lot line ad)us ments) Rezoning (Map) Special Use Permit & Amendments Site Plan Review (vehldes sales) Temporary Use Permit (median Fee, It applicable) Variance Other 111tTe)7 *M1 A LEGAL DESCRIPTION: Plat Name Adam Canyon —Block—Lot PROPERTY ADDRESS: Pemelol and Pee1#7 PARCEL SIZE (Acres)Pmcel01 3e.14 A. 1#7 29.43A ASSESSOR PARCEL NUMBER 30160147705,20IM14820 NUMBER OF UNITS PROPOSEDParcelnt 30 U. Percol#7 81U TRACTSPamel #130 U, Parcel #7 MU EXISTING ZONING M-6 no ®c -PAD PROPOSED ZONING Applicant Mrs. Oscar Dominguez Day Phone 480 314 6711 Mr, Ms. Address: 14350 N 87th. Stood Ste. 310 City: Scottsdale State: AZ Zip: 85260 Email; cd=In9U@tol1brAh8ndaG.c0m Owner Mfrs, Charles Humllz Day Phone 713 267 3737 ✓ Mr. Ms, Address: 1330 post Oak Blvd. SUIW 2000 City: Houston State: Texas Zip; 77056 IFeppgcadonlsbeingsubmlt dbysomeone other r n the a wneroltbepropertyundercouslderat/wy theseNlon below IIlLstbe completed. SIGNATURE OF OWNER DATESIBIn I HEREBY AUTHORIZE OSC#AV- TO FILE THIS APPLICATION. dayof 20 l'l 090a'8t JGW se11dx8 •wmoD An Alunoo edoapey4 euo7ptl - oll4nd knoll VINVO 3NNvznS 3NIa800 -w. v MCO 05-09-17A10:35 RCVS PROPERTIES Parcel # 1 and #7 Waiver for Fill Slopes On February 14, 2017 MCO Properties engaged Copper State Engineering (CSE) to perform an inspection and stability testing of the existing conditions of the slopes between adjoining lots in Parcels 1 and 7 of Adero Canyon. CSE acknowledged in their report dated 2/14/2017 that the slopes in the SF designated lots can be graded at 21-1: 1V or flatter and the subject slopes in Parcels 1 and 7 will be stable. In addition, Western Technologies independently tested the same slopes and concluded in a letter dated March 16, 2017 to Toll Brothers finding in their report "Slope Condition Evaluation in Adero Canyon Parcel 1 and 7", that the 214:1V slopes would be stable. Based in these test results, we are requesting a fill waiver to modify the 3H:1V slope requirement to a 2H:1V slope. 13620 N. S.,,,v Boulevard, #200 Faumuin Hal. AZ 86268 P 480.837.9660 F 480.837.1677 mcopropcm7les—m 1 A 4 r � t til i i'Y.�1'�3o�u'^34Nf ! Im�1�1 S.mE a P - DERO AOEROCANYON PARCEL s:w 9�E, NYON cnsPu i _ � FCJ4.FI!1 X!ll AP CNR X" r �_ duff x`�R ; b tn' 1' a ! / j , g IN tr �E —A FJtp enFnocnxroN-PAnca! °, I _ — dYON rwunnr sl rouxruxxusuamrw �i-.� � N TOWN OF FOUNTAIN MILLS 3a----- TOWN COUNCIL \Z� AGENDA ACTION FORM Meeting Date: 5118/2017 Meeting Type: Regular Session Agenda Type: Regular Submitting Department: Public Works Staff Contact Information: Randy Harrel, Town Engineer; rharrel(cDfh.az.cyov; 480-816-5112 REQUEST TO COUNCIL (Agenda Language): DISCUSSION AND POSSIBLE DIRECTION, TO STAFF regarding ownership/acquisition of the Del Cambre Court and Del Cambre Court West rights -of --way within the Mirage Heights subdivision. Applicant: Mirage Heights Homeowners' Association Applicant Contact Information: Maury Ellerbusch/Trestle Management Group; 40125 S. McClintock Drive, Suite #2018; Tempe, AZ 85282; Tele: 480-422-0888. Owner: individual property owners (per Title Report) Owner Contact Information:) Various Property Location: Del Cambre Court and Del Cambre Court Vilest, within the Mirage Heights subdivision plat. Related Ordinance, Policy or Guiding Principle: NIA Staff Summary (background): The Mirage Heights Condominiums' Final Plat (Sheets 1 and 2 attached), as prepared by Montgomery Engineering and owned by Scott Properties, was approved by the Town Council on 3-16-95. The plat was recorded at Book 392, Page 21 MCR (95-0181698) on 4-3-95. This plat includes the Del Cambre Court and the Del Cambre Court West street rights-of-way. Late in that subdivision plat's submittal/review/approval process, the applicant changed from intended HOA private street ownership to intended Town public street ownership. The Town Council's approval of this plat recognized the intended Town ownership of the streets. However, although the dedication statement to the HOA was no longer shown on the plat, no actual Dedication to the Town had been placed on the plat. Since both the Town's GIS records and the Maricopa County Assessor's records have erroneously shown these streets segments as being public rights-of-way, the Town has historically maintained these streets as if they were actually dedicated to the Town, ever since their original construction acceptance. On 4-28-16, the HOA e-mailed then -Street Supt. (currently Interim Public Works Director) Justin Weldy asking about the Town's future asphalt maintenance and repair schedule. Justin noted the unusual lack of a dedication statement on the plat map. As directed by the Town Attorney's office, the Town contracted with First American Title to determine the ownership of these street rights-of-way. Surprisingly, their Title Report (First American Title No. 5796785, dated 7-26-16, by Charlie Davies; excerpts attached) determined that neither the Town nor the HOA actually owns these street rights-of-way, but that they are owned by the 52 ownerships of the various lots in the Mirage Heights subdivision. (Many of those ownerships are community property, LLC's, Trustees for Trusts or Estates, or joint tenants. The Title Report lists 82 individuals having an ownership or trusteeship interest in these streets, as of the date of that Title Report.) Page i of 3 The clown advised the HOPI all this owriersl• ip of 1r ese slIneeis as inc icated in the Title Replarl (R. F arrel letter to Mai ry Bllerbusch, dallec 10-27-1 EI, colzly atta& ed,, and listed three Floterillial options for 11r raac ownership (iric ividl. al homeowners, the HOPI, on the Town;. Maury Ellerbusch/Trestle Manaclerri ent Grot F1's 4-7-17 letter to 111•e clown (atlacil• ed) indicallels that the HOA Bloanc oil C ireciors f as L rianimot. sly neques'lelc ownership transfer to the clown. Because all the large rrl.ltipliailly of ownersf•ip inllelreslls, a sl.bslanial inves'lrrelrill of 'Eliaff, legal, aric,lar contraciec First Arr elrican iliilel resol. rclel:l will be required to transfer title frarr the various current owners to the Town. In thein attached letter, the FOA has indicated that they will ottain signEltLnes from 111-e various owners CIL ning a 4 month Fleriod, t eginning in Oclober. However, 11I• is Flnoeess could become rrare compley sl• ould there t e any existing ownership interests opposed to awnershirl transfer to 11 I• e Town. So, prion 11a Flnocieec ing with any ownersf• ip tnansfen efilorl, Stafil has agent ized iris item 1lon ilawn Clay ncil discussion and direlation. ill• a alternatives appear to t e: * Contini. ed owneirsl• ip by the iridi�ic ual f orr eowneir entities: Due to the multiplicity of ownenshirl, lank all any rraintenanae funding rreal•anism, lack of a governing einlilly, unclear liability insuranae co�enacle, aric freqLeirit ownership chancles, this is a recirle for long-lenm ilailure. * Transfer of ownersl•ip to ire HOPI: Ownensl-ip transfer to the HOA woulc be as aorrplex as to the clown. Alc c itionally, 1F e FOA was nal set up to f andle Gill• er the liabilily non 1f• e rr aintenarieel expense of owning these streets, and 'IF e H OA c oes no'l warn 'lo own theses streets. * Transfer of ownenshirl to 1e Town: 1111•e Town owns many similar noac ways, aric neclulanly erri ploys and aarilInacits to perform the sarre type of mairlllelrlance on all all its owned sllneets. The addiiian all 11rese two streets represents only a small inareasel in 11`e overall amoLrit of streets owned by Qarid costs to; the Tlown. ilhe HOA has requested ownensl• ip iransfen Ila the Tlown, aric will lake the leac in cletlind awner signatures . Risl' Analysis iloptions ar altennaINEIS with irrplications;: Acquisillion all these slraells by the Town will ac normal street ownership liabilillies fon 11f• is nelatively srrall additional leng1 of slneell. Fiscal Impact (ini'lial and ongoing costs; budget sllaiLs;: Initial posts to acquine 1F is R/VV: * Rhase 'I Orivironmental Assessrr Brill - if determinec t y Town Attorney's envinorirr en'lal exper to t e nelec ed. * Rroperly SI1. Riey - Are all of if a street features aciL Ellly located within the Rigl• 11 -of -way? * Title Report L rlc ate. * Oblaining signal res from t o1I• local and remote ownens eNote: The HOA has indiaaiec in their atlaal• ed le'ller that ihely will of lain signatures fnorri 'I I• a property owriers.; * Oblaining ownership interests noel acquired by the abo%e-no'led properly owner signatures, if rieedec. * Title Inst, nariae * Celec preparation by if e Town Attorney's office. (IN ole: Cos11s for the aba%a iierris have not currently t een delenmined; nor I• as the responsibility far those coals CIL rneriily been allocated.) Clods of owning iris R/VA: * RelalNely srriall, normal street mairiieriance eyplenses (signing/sInirling replaclerrieriis; cracH seal/slurry seal cost is estimated all $7,000;; * Relatively miic-fctune sllneal overlay experise Qestimiated at $126,000;. Budget Reference (page nL rrit er): N/A Funding Source: Genenal Func 11 MLItinle HL cfi a iliaed, H91 here: Budgeted; it N ci, attach Budget AdjL stment Fcirrri: NA Reccirrimendationl1s] Hy Board(s) Bir Commissicinl1s; : N/A Staff Recorrimendationl1s;: 'Eliaff recommends iFai 11-a Town Counail direct -Staff 110 proceed with the steps needec for the Tawn to acquire this roadway niclhl-ail-way. Page 2 of 3 List Attachment(s): Aerial photo map; Potential RAN Acquisition map (Exhibit A); Mirage Heights Final Plat (sheets 1 and 2); First American Title Report excerpts, primarily Schedule A and B; R. Harrel letter to Mirage Heights HOA, dated 10-27-16; M. Ellerbusch/HOA request letter of 4-7-16. SUGGESTED MOTION (for Council use): Staff is directed to proceed with acquisition of the Del Cambre Court and Del Cambre Court West street rights-of-way. Page 3 of 3 Del Cambre West M, Del Cambre Court TOWN OF FOUNTAIN HILLS RIGHT-OF-WAY ACQUISITION EXHIBIT "A" MIRAGE HEIGHTS CONDOMINIUMS, 95-0181698 MCR Ij PLAT NQ 112 1 J HOOK 271 PAGE 26 J 1 + A N GRANDE BLVD N_ 1 1n g5` 1 cp SGS SO Qp�� ------------- NEW RIGHT-OF-WAY AREA = 0.801 ACRES �l w f' n MIRAGE HEIGHTS 2S, r.MlRACE HEIGHTS PAGE 21 ill 95-01 81 698 MCR I 1 i 1 1 BOOK 39+4 PAGE 21 95-0181698 MCR / k, �I w G i J • t, LANG SL �r r MAP BASSO ON FINAL PLOT MIRAGE HEIGHTS- �FIQA � � 1650.SF� CONDOMINIUMS, RECORDED APRIL 3, 1995, IN THE a RANDY 16 L s OFFICE OF MARIGOPA COUNTY ARIZONA, BOOK HARREL ID 0 a• an• 394, PAGE 21, 95-0161698. BONG A PORTION OF THE SOUTH 112 OF SECTION 11, T. 3 N., R. 6 MALE: 1` o eo• E. DF THE" LA AND SALT RIVER BASE AND 'aP� u•5.4' DATE. 5-10-16 MERIDIAN, MARICOPA COUNTY, ARIZONA �fiQlraa 3j3tl�� 1, Ira R05 L RE / ��TA� �o e fr4it li Ai1'1��• DEVELOPMENT SERVICES AERIAL PHOTO MAP MIRAGE HEIGHTS CONDOMINIUMS MCR BOOK 394. 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MITE 201 FOOTAIN HUS, WAMA mm few) 837-1845 'm 26A gL�Fro Lijr r /1 trw l7ig�I arim F, MN -v 8 q a pp" Y 6 1jdtd°tltAtt�ei DEVELOPMENT SERVICES AERIAL PHOTO MAP MIRAGE HEIGHTS CONDOMINIUMS MCR BOOK 394, PAGE 21 DEL CAMBRE COURT LEGEND; LOTUNE ROW EASEMENT ------ FLOODPLAIN ra �E S 0 100' 200' 1ommm AERIAL FUGHT DATE: 10/14 TOWN OF FOUNTAIN HILLS RIGHT-OF-WAY ACQUISITION EXHIBIT "A" MIRAGE HEIGHTS CONDOMINIUMS, 95-0181698 MCR PLAT NO. 112 BOOK 271 PAGE 26 N_ GRANDE BLVD 35M-' 0 p1, P31 0? Z�3 PtA- 150 PPGE ^`\m gOOi � N NEW RIGHT-OF-WAY AREA = 0.801 ACRES J MIRAGE HEIGHTS 2S, BOOK 394 PAGE 21 95-0181698 MCR / \ I / � W N E s 0 4V 60• scut: 1• — w• DATE: 5-10-16 /2511 I L n� I p MIRAGE HEIGHTS u BOOK 394 PAGE 21 I\\ 95-0181698 MCR I\ i \MAP BASED ON FINAL PLAT MIRAGE HEIGHTS CONDOMINIUMS, RECORDED APRIL 3, 1995, IN THE OFFICE OF MARICOPA COUNTY ARIZONA, BOOK 394, PAGE 21. 95-0181698, BEING A PORTION OF THE SOUTH 1/2 OF SECTION 11, T. 3 N., R. 6 E. OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA. 16545 RANDY L HARREL FpdGFieldMap Printed on 04/05/2016 Notes: L es fYmiY'��"@' �b aLaL ^• L f Arc.rnr a � a1e1, @ CPm[ rtWWwlt4l ea.n...e.ILL I.IR2a® msu eaai nMT1R w oars SIK ru...tl¢,rt'r .WmWp a,w � � L !& 4a! 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I ®at�vr'e"'eWW.ecum"'•IPB e x Q fIa GIT W¢ M WlReal tL v �_ n lar,IW 1e18 61 � m a ler e uffS WBm 111s11Li 6 x B"aQIObA PmomPatgyn.meq. r+lp. x Rpa LR LLnC Q x upr Iu Ur pL W To Am WLYW = m.�'..= WEEM psn lm mr x .e.•+. W DE -W OF m m& NL WK RAW& WL bum Kau BOND. KWDI $I= P..rr nM WIPWX PW. HL9m to tmlea mnmis ro ®P® �•e _ OOORi6r6 NIC BCBWW -11 1 •.�61W®I � NR Rn m4R wmw CWSINUD' V x YilF1Jp lrlm® BWIIIS Ia I PWen xun. cern. FINAL PIAT MIRAGE HEIGHTS CONDOMINIUMS A CM,.TOd. Water Su pl' TI{E DEPARTMENT DT WATER RESD11Brrc sue RrrrpmWrR rHAr �NAee R,a, viii PATER CCHPANr yes a rl> D -0M., RR1>'I M'112Y^SSURED E SURPLY. L pRIIfBrI N n NA&v rfS ru���s,ora � b aanWBm ®. m s ,pml,m Rn.pml. e su �� am sem wL a aleBfacYm I CSC >r ——1Dff'� 1O0e1W slY fElmm flfdlQ pifWel WI�1 W t COl@Im b POOl/r iY fRR10 fsSnft fL®tlpr a Bm ®_ a m®m sw pn meAPm em aurum a � or nvu lAT a®a '� f0394 °,It 21 nn<ua Ismail er Wan mir°iuvnii°Rpta 45-0181698 auovs mee Declaration of rnncinminit;Tr,. Town of EnrTntain Hiils• Arizona A SUB0IVISlON nF A PORT10d OF THE SOUTH 1/2 OF SECTION 11 AND A PORTION OF THE NORTH 312 nr SEXTON 14. TOYNSHIP 3 NORTH, RANGF F EAST OF THE GILA & SALT RIVER BASE & MERIDIAN IAIOanIWIL IpID6➢r UARICOEA COULITY, AR1701>A 1��b1rWa11tlpWYnr.���- ra.�f�Rrxnar>,srll�ypml fra6 � WWye eep �. r — if f m"BrONARIPLON seua,aae rm tlac x l..nml s� a eo mTsa u K R®ip1P (a evOA� um W®WlaCm 9G�r1 uL �' x ex+amxll pnr eR+ Site Data: en LM�e°II � m» .. ssneamtne Inm A� rWc. uam. oess en. .._lees m p.a.u.s acWtl....^^..^.- L ,- Ltl AV Iptt Lot Covera_oe: LWpoll•1 m•^µ•w �eV IRa+ �1n?y.ww � .,nrsPrs°.ea yw °seem •aT— s >rs mmr m •�•,- aa,ae av �eC'. �+.. 11�LIS ld menoro.M�a °G. nrw br batY -- W WWL., saA Raw am En�n.eer.• ,.,��� D T Omer: man �•-•••- 02 a.u. m, —r+e �. raoe. eAme pA pc "'m 1 mM. = BBYp WSLALI A+19 ]L imyomer P2 b � 0etl d Wljb i� MenG - Lao /�a1 iL � I�..M13mtl. Wma o.s pare etlh� MONTGOMERY ENGINEERING & MANAGEMENT ]r••^ "VENUE OF THE FOUNTANS, SUTE 201 'OUN'AW HILL; ARIZONA &5268 (6021 637-1845 SKET 1 G me: v II®IIR 1 u RP ALL e T lIL4 ®dII>mD m_vom �rfeR� �11�� n!® 11449 fRanafMlNlL lui, Ap�pa SAIR°f1A'••••e•�l6 '•^�" fl � _ � V)p� W 1 �1 eel ptltl p us s es r I e T..I mtl Ye+a wwtxcW�A —n 1ADnp R 9® ti]1m 1� UR slmAr m �1nYpmxwnvSlA� rem rnlrlWraeR pll � � ens 000➢I M IDtle AO plfl >�W� ewe a M mm . emmm M plef. er � °1��.A�...m..°t Wl.ure h rua Imam IRnpppK c &LarRfm ac ep �r 4T®I �u moaaY mcna POi 4 M rypaRA N h ls.d tlpgyl�.y �. d btl Wbb lfeIYU IOWK �affNli mbvee�h IeR a®a<. sAau M M Mla� Ia 4r�b M -I..r w d ew:a rWmy"�`iolmr'°W Qm.P a7 wd W�µy N� mem mail d �• IraII Pr [med oA Wal Wb rA1W — T _ Tm tl Tenbh 11 ML' OesuBP � W+eb. I OaaIB1�' nGtrevW. p tlPawl 0 a. fm H s_ !bd mWmm IlI1tIDm�•a a�GRMW eLLT eV ®en a:..r v®PS!«e im R Acknowledgemment.• p••rt xoa>xl 1<. mrn er fllame t . aa�Larrs r M LrLTmam YpLR PdpaWLY 1NTI➢i0 TNe MllAnl>nP W BC a Oi® Q SIAM mm POIIC. W Asa,A ftlVslOq f0 WT as Apl sm @sO IW m W m Leal. M QppNO IISIRIp11IFmx W'03IOId mxLAfD or LW,OWa arMaJWITBW,BY 9m GRd7L 0°u6 mID m M — sRAOf: I IpIf111{0 S✓T h IWR A20'°+^+ erdw.t "sll�tl.Wr moefe c®.e n,W96 EMSFIeldMap Printed on 04105!2016 CURVE BATA MIRAGE HEIGHTS CONDOMINIUMS EINAII PIAT r l7�f 11 r- la -1 X_ a� 1 iL .� f / �'• FCi14iA'� tCELS e&Z,:?iq �' o S LTA L u 'Tate• _ cr Lu rt CL IY PHASE ` H.P.E. 'tblv\_ c Lac_ Se. tmER 4t EI, rS. •a `•`�'r yl:.., Pat e01AAe006 ®l1w•iEO LEGEND` H.a.E. Kusa-OLEC110N £ASWERr C,r. 1M� C(ad� 4E2EYT A 'QUER K qa5 SUMMON ar CO"CN r+ruENT PAY. Raab LIEU rs EASID"T p OXMINAIE pw HWM off 1kkn N.V.AF. XFOCULAR NOH -ACCESS EASEUMT • r011AD4.l1 91a.7R E0110 W YI O.E. DRAINAGE EASENEN2 l�1 "oWa01= raLW7 ^= srr 5_,r. afrr raaurNr 1/2• RMAR FOUND OR SET Certification: This in to ce„Ity ana --on or ••e Premlaea described and alatted hoem- ]mre meds under my direction during the month of JANUARY, 7—, --a- the prar is correct and aceurate, thet the maeumenta ober.. hereon beoe been located or M•bLetied and br eornen prrmenro•'v a 1oM H. LYnelone p: Scale ?' = R0 fl 10LINFA .E.LS A9=2V!L1 P_.AT t0' IJVt” 6M,MK 939 P%?_ 3" d4Q''"' PppE 3l +r n • ]07779• R - a.vi� ' .'_ tolk —tam t! ./1/ u � I/ c u s mn• • usr c e sm•�' • i1�~ o- 3$! rur 21 •Na' aCt-------- Ira lm•-------- .•�.5� =r....•�:.• 1 Wre11H 11�W �) A.P.E. AREA 334,325 SF 7.68 ACRES i -Z_ PHASE 1 1aoD R ctg a 1• �• 437.ls' _/ 151376 aennc 11 &t r r nat• 1/1 0=0 vc 11101 / I�0 R•.ae FJE d 1. 1cr MONTGOMERY EN(kWM Nc A MAHA(DFWMT �� `-� - ✓ 16844 AVENUE OF THE FOUNTAINS. 647E 201 - ~ T�g•i _ _ FWWAJN MLLS, ARIZONA 65268 1502) 037 -IM Na. 571SI6185 SPECIAL REPOR 71 SIC HEOUL9 A 1. This report is for infarmational FlurpcisEVI orily and is riot to be ccirisic Euiec as a commitmeni to isisu a any farm of TitlEi InsiurarlCEl Policy. Thisi roplori is far 1 he sclEi use anc berieflt o11 tr a Flan iesi siet forth in Number 2 below anc liabilit�j isi hEinet y limitec to tli a amount of the fEiEi paid. This rEipart gas prepared from only thasEi itEirris of Flublici rEiccmd shmA ri in the titlEi plant iridicEisi of tll Ei iEEILing camFlany to sih ow the canc itian cd 1 itle asi rEllectec by same. Those ii emsi to wl• icF tl1Ei FEireinafiler desanitec land isi sutjEid ane sEit lbrtl• in SIcl-edulEi B, Rarl Ziwa. No attamFlt has beEin made to reflect 1 he oanc ition of title relating to the items set faith in SahEidule 9, Rari C ne. �I. Fan tl• e u sie and t enEifit Cif: Randy Harrel/Town EnclinEier 3. ThEi Title to tl• a fee estate iri til Ei lanc c Eisorit Eid h erairi isi ai tf• is c atEi hEuieoll v estec in: JarriEis P. Ryan anc Carol C. Ryan, as 31ru si ees of tli Ei Ryan Hamily RevocablEi Zlru st datec Mancl• 3,, 2(105 as to Unit Na. 1; Rioli arc F. Van Den 9u rcl, ari unmaniied man as to Unit Na. �I; Jefllery H. McCaw and U u na 9. McQ\A, husbarid anc wifEi, as cammunity FlropEirly with right of su rvivorsili ip, as to Unit No. 3,; Rabert L. Nowak and GracEi F. Nowak,, 3ru stees of tll Ei R&G Na\Aak llrust, c atec FEibruary 11, 201CI as to Unit No. 4; DEirinisi M. Spadafore, TnusteEi of tl•e Derinis M. Spadafare Revocable TiMit UAD July 11, 2I0WI as to l nit No. 9; 9ylvana Santivasici, a woman, Anc rea MicEli, a womari, Slusan Heimbuoli, a warrian as to Unit No. 6; 9laise A. Crasirrian, as TrLstEie of the Crosmari Living TiMit, dated May 28th, 19SIEI as to Unit Na. a; Lau nel ]. Boos, Tnustea of tr Ei Laurel J. Boos Revocable llrust,, datec DEicEirrit er a, 2013 as to Unit Na. El; S I-aran M. HarvEry, llrustEia, l D71 Harvey Hamily Trust datEid November 14, :I002 as to Unit No. 9; Rager Collins and Slandra Collimi, 1• unit anc and \A lie as to Unit Na. 10; DerinisEi R. DwyEir, or his Mceessom, as TrUiteEi cd tre Dennis R. ClMer Deciaratiari a11 IYUlt, I'I J Na. DS16185 dated 9eptemter 13, 1997 asi to Unit No. 11;, Robert ]. "ittig„ as TiiuEiteEl of tr a Rot Errt 3. Wittig Lig irig Tm si, U/A dated Ai. gust 4, 2013 as to Uriit No. 13; Darir-ell G. Karl aric Roterrta C. Kahl, l'Uitanc aric wife,, as Commi.nit}l praplerty with riightof sL rvi\ orship, as to L rill No. E; Deari P. F aagErnsran,, llrustEie a1 tre Dean A. Haageinson RevacatlEr lYLsi, datErd May 1 , 300 as to Uriit No. 14; Davic P. MCBWeri aric AlicEr A. McE3wen, 11 est and anc wife, as jairit tenarits v� ii h rigrt of sLrvivorship, as to Unit No. 15; James W. Sterffenseri aric Katt-18en A. 9tefilerisErri as llrustaes o1 tte ]arTlErs anc KiOleErn Steffenseri Farnil� llri. st, c atec 3ani. ary 31, X106 as to Unit No. 16; QInolyn M, LaFlorElst,, 11rustE1E1 of tte Canolyri LaFlorElst Nving Tnust datErd ]aru,ary 39, 2(114 asi to Unit No. 101,; MiehaEil DavEry„ ari urimanriied mar aric Tim C. Davery, an urimanrriec man, as joint teriants witt ridtt cif survivarisriFl, as to Unit No. 1(13; Ronald A. Creiseri aric Mary L. GrerisErri, rustaric and wife as to Uriit No. 1(13; 3otri A Caporfl, a maridec man as to Unit No. 10,e; Elally 8. Kriac 1, a marikid v\ oman as her siole and sErFlarate property as to Unit No. 1(151; ]earl 9. 9018ns, ari unmarriElc waman as to Unit No. 106; Jot ri A. Falsari, ar unmarriElc man as to Unit No. 1(17; Bat tie L. Hughes,-RrLsiee of the F i.gl•es Re%oeablEr Family 11rLst, catErc Mai& 31, 199EI as to Unit lN a. 108;, M ary 3anE1 Sti. bbins v� ife of Rac ger K. Stut t iris, as her sole anc seiparata praFlerty as to Unit l` a. 1C19; Ec wart Oraaem and Vicki Orazam„ hL sband and wifa as to Unit F a. 110;, Eltevein L. Chaidton anc Carolyn 9. Charilton, as Trustee cif tl-e RENCICatle "i)1t.si of Sieven L. Clianitori, catErd ElErptErmter 34, 2012 as to Unit Na. 111;, Victor Orich, ari urimariried man as to Unit No. 11:1; Dav is 'A. EIL rias and Susan G. Buras„ husband and wifa as i o Unit F a. 113,; Albert ]. SLfka anc Teresa H. Slifka, l Uil:anc aric wife as to Unit No. 11e; Da\ic H. RLssell anc 3Lditli P. Rlssell, rusbaric and v�ife,, as cammuriiN Fpioperty witt rigtt cif survivorstirl, as to Unit No. 119; Doglec Right PraFler l ie% L LC, a Mirinesota limitec liability ciomFlariy as to L nil No. 116; V1 illiam SI. 3Elnks, 111, Trustee of the William S. 3eriks,, III,, Revocable Triust, dates NavElmter 1,, No. 5 ;ISIS 185 3(101 aric Jearinei Jenks, TrLsi ee of th Ei JeannEl Jerikc Re-vocablEl rust, c atec Noveirrrter 1,, 3(101 as to Unit No. 117,; Doriald B. Clweris anc Darina J. Clweris, h ustanc and wife, as joint tEiriants with night of survivansir iFl, as io Unit Na. 118,; Laura LaBiarica, a rriaiiriec womari, as her sole aric sepanatEi praperty as to Unit IN a. 301;, Jorias D. LENinEI, an L rimarriec man as to Unit IN a. 30:1;, Heliks Da" idowiai and Anria Dawic ciwicz, H u sit anc anc wife as to L riii No. 203; Senc ra J. Biaik, a sirig►e Flersori as to Unit IN a. 304; Ramela McCall, an unn ieic waman as to Unit IN a. 305; Timoi by R. Tay lar and Arin S. Tlarylor, as TrustEies cif i he Ann 9. Taylor -Fust AgrEiement datec Deaen it 30,, 2(112 as to L rill No. 20f; Raul D. W ashbu rri and Cinc y IJ. Washbu nn TnustEiErs of th e W ashbu rri Family TiK Si c atec AuCl sit 17,, 20C16 as to Uriit IN o. 3aa; 9yKia JEisseri and BrucEi Jessen, wife and hUst:anc as to Urd No. 20E; Wil►►am WagniEni Wac swarth, a singlEi rlEirson as io Uriit No. 209; GEicirgEi R. Nelson and F Eiai Nelson,, hu sband anc wife as to L reit 21CI; Hrec P. EItafflord and Halt[ C. Eltaffbrc, Trustoes, L D-1 EItafflorc Family -Fust daiec April 33, 2(ICI1 as to Unit IN ci. 311; CCIIIEieri A. IKarlusciinski anc Mark KaFlusciriski, TnusiteEis aric their suaciEii uncEir the ColleEiri A. Kapu sainski I ritEirvi\ os -Fu st, c atec May 19,, 1992, as arnandEic and rEisi atEid as to Unit Na. 312; Rciria►c F. DLrrlElr and Lyriri M. Donner, hLSbarlc and "ife, as ccirnmunit� rilli with right cif su rvi\ orship, as to L rill No. 213; Eli OH ens and Cllarie OwEin% h u st anc aric wife as to Unit No. :114; 9dwaiid M. O'DEia anc Joann O'Dea, asIVI.siees of thEi Ecward M. anc Joaniri O'Dea Family TiILSt,, cated Mai 29, 3009 aric Edwaiid M. CI'DEia, H ustanc of Joarin, as to Unit No. :11119; Vicky L Lorvick, a rriarriec woman as her stile anc sEiparatEi prciFlerty and Carol J. REitEirs, an urimarriEid person as io Unit l ci. 316,; Raul J. AsF11u rid and Bernice K. Asplunc, h usbarid and w ife, as cammuriity FlriopEirty w ii h right of su rvi\ cirship, as to L reit No. 212; Harbaiia JanEi Adams, IVL stEie cif i he RW Rotrriari Hamily Tit st, dal ed January 39,, 2(113 as to Unit No. 318 4. The lanc reilerned to in th is rEiporl is situatec in Mariaopa Cacnt�, Aiiizciria,, anc is c Eisiciritec as: SEE EXHIBIT "A" ATIIACHED HERIE]NI Search mace io 30y 2E1, 201(1 at 7:3(iA.M. No. 379 A83 AFRS'r.4 MEWCAN 717LEINSURANCE CCMPI9NY B}V Charlie Da ivies/djm (642)685-7275 No. 51SK 185 EIXHIEII71 "AI" UNITS 1 THRCIUGH 16, Ifs CLU9IVB, UNITS 101 THRCIUGH 118,, INCLUSIVE A f D UNITS ial THRCIUGH 218, INCUL9IVB, OR MIRAGE HOIGHTS CCIL DOMINIUMS, ACCCIRDING 110 CONDCIMINIUM DOCLARATICIN ROCORDBD AS 8B -Oz EI -A46, RE-ROCCIRDOD A9 86-33E164a fi � D RO-ROCCIRDOD A9 8SI- 441SI94, RECCIRDOD A9 �I9-181699 AND FIRST AMENDBD RBCORDBD AS SIB -26401-I A f D CORT IRICATO OR CORRECT]ON RECCIRDOD A9 2CICI9-39186189, AUL OF ORRICIAL RECCIRDS Pn D ACCCIRDING 110 THO RLAT OR RECCIRD IN TH8 CIRFICO CIR THE CCIL NTY ROCORDBR CIR IVARICCIPA CCIL NTY, ARIZCtA, RBCORDBD IN BCIOK 39Z OR MAPS, RAGE 21,; 11OGETHBR "ITH A RRCIPCIRTIONATE INTEREST IN AND 11O 11HO COM MON AREAS AND FACIILITIOS A9 SET RCIRTH Ifs SAID DBCLARATKN P D PLA11; EXCEPTIALL MIf ORALS A9 RESORVOD UN11O THO Ufa ITED S-MTE9 OR AMERICA Ifs R14TEN-3 CR EV ID LAND RBCORDED FBBRUARY 28, 1SI56 Ifs DCICKE111839, PAGE 426, RECCIRDS OF MARICOPA COUNTY,, ARIZONA; EXCEPT ALL CIIL, GAS89 AND OTHER HYDRCCCAREION SUBSTANCES, CCIAL,, STKINE,, METALS,, MINERALS, FCISSILS AND FORTILI38RS CR OVBRY NA M 8 AND DOSCRIPT KN; 11OGETHER WITH AUL L RANIUM, THCIRIUM, CR ANY CTHOR MATERIAU WHICH IS OR MAY BE DETBRMINBD 110 BE RBCUL ARUY E998f TIAL TCI THE RRODUC ION CR RISSICI� ABUB MATORIA LS, WHETHER CR NOTOR CCV M BRCIA L VALUB AS RBSERVED Ifs DEED ROCICIRDOD IN Ifs STRUM ON71 f CI. 94-EI77923 OR CIRFICIA L RBCORD9; AND EXCEPT ALL UNDORGRCIUND WATOR IN, UNDOR OR RLCIWING THROUGH SAID LAND Af D ""TER RIGHTS APPURTENANT THBRETICI, AS RBSERVED IN Ifs STRUMONTI f CI. 94-81A92-1, CIR CIFRICIAL RBCORDS. M. 57SI6185 SIC HEDU ll EI 8 PARI ON BI: 1. -ft�esi or ERSEissmerits whial- z rEi riot sihawni as e)istirig lieris ty the recores of arty ia)irig L thority thz t leviesi t8XEis or a siSEISsiments on iiez I praplerty ciiii by tr e KIS blit iiecorc s. Praceeic irigs by i publia i gEinicy w r ich may resiult in laxEisi or asisiesismerits, cir riati(iesi of SL oh pracEiec irigsi, w h etV er cir ricit sihaw ri by tV a neaorc s of sL cr agEincy ori by tr a rlublic ra rods. 2. Any fact, rights, intEiresits an claims whicl- ane riot sr own by tlIEi put Iia rEiccuids t Lt "hitt- cpL Ic bei aScerlainEid ty an irisipEictiari of tHEi laric cm by making irigLiry of persaris in KlasiSEisisian tl- erEiof. 3. 9asiements, tier S, cui erieumbraricEis, ar claims thEirieaf, which are riat sillawn ty the PL l Iia rEicorc S. 4. DisicrapardEis, eoriflicts iri boL ncaq liriesi, srortage in ariea, Eiricroachments, ar any other ikict w rice- a carirEict siuniey woL Ic disclose, anc wr ich arEi ncit sihow ri by tr e KIL blit recures. lja) Unrlateritec minirig claims; (b) riesiervaticiris or e)cEiptioris in patents or iri Act aLthciriairig the isnuarlcEi trerEiaf;, (a; water nights, claims cui UIEi io wateui; whetter tri ricit the afariemEirtionEid mattar, e�captad are srown ty the public rEiocuidsi. Any IiEiri, or right to a IiEiri, for siEirvices, labor or matEiriial rereiofcuie cin hEuieaftdri fLrriisihEid, impasieid ty law anc riot shown ty the publia racciridsi. a. LaciH of a riclHi cit accessi to aric from till El lanc. Na. 519E 785 SICHBOULE S (All rEiCcuidincl Baia refers to rEiCands iri thEi offiCEi oil the CCILnN REiciciiader in the ClacnN iri which the Ianc is !iituatec .) EXCEPMCINSI: 1. Taxes for tlIEa fill year of 2016. (TY Ea flaaSi half is due Octoter 1, 2010 aric is cEdiriquEirii November 1, 2(116. Tha secioric hall is C u Ea March 1, 2011 and is c Ediriquerii May 1, 2011.) 2. Arty change upari saic laric by rEiasiani of its iriCILsiori in Lakeside Village Naster Association. ?I. Ariy eharagEi upcin saic laric by rEaasan of its iriClcsiori in MinagEi Heights Condomiriiums HomeatinEucs Association. 4. Ariy charagEa urlari saic laric by rEiason of its iriClc siari in Roc ritairi F ills Sanitary Disi iaict. 9. Tte niclht to eriier upori said la rid and prospect fcm and rEimoVEi all Coal, oil, gas, rninEirals on cthEra sutsiances, as neservec in the AatEirit to saic laric, iaeeorced as 94-871923 of Ofilicial Aecores. 6. The niclht of eriiry to prosrIEaCt for, mine and remove all minerals in the larid as reservec uriio the United 9taies of AmEmica in FlatEirit recordEid Rebruary 38, 1950 in DoekEit 1839, Page 420; has t eeri limil ed by Pu t Iia Lain 87194,, 87th Congress, 76 Stat. 75CI wh Eiret y saic Ianc has t eEiri \Aiihdrawri from entry, llor prospEictirig on other purfloses uricer thEi put lie land la\As, irieludirid thEl mining aric mineral IEiasirig latis, copy cil saic law was necorced OctobEir 28, 196EI, iri Dockei E1280, FlagEi 61. 1. CcnrEaraarai rLrinind with thEi laric recaorced as DockEit E1978, Page 70. 8. An instrL MEant reeorc ec in Dockai EIEI14, Page 945, Earatitlec "Reqs est, Consent and CcnrEiraarats RL rasing With ThEa Lanc" which pEartaiss to thEa orclani2atiora oll a Flood Castrol District anc GEarieral ImpraVEirnEirat District. 9. An Eiasemerai for telEivisiara cat IEi aric right incic ent th Eirei o asa granitEad in irasl mment rEiacradec Bet wary 1, 1912 in Docaket 921.3, FlagEi 469, aVEra the public utility{ Eiasaemerai shown ora the plat of saic subcivision. 10. CIaVEanarI% eoraditioras anc restrictions in th a c aCu nraant iaecaorc ed a5 89-048146, rEl- iaecorc ed as 87-2I286C 1 and ne-rEacarc Ead as 89-44199,1, all cif Cffieial Raclorc s, bui c EIIEatincl any cam anarit,, cacraditiori or restnictian inc ickii irag a prEaference,, limflatiara on c iscnimiraation tasec ora race, colts, religion, SEax,, handicap,, familial status, or nal ional origin, tcl the EIx1 ent Su Ch COVEaraarat , eoraditioris or restrictioris violate Title 42,, Section 3(U4(q, of thEa UnitEac 9atEaS Codas. T o. 519( 185 11. EasenlEints, rEistuicticiris, relrervations, cariditioris anc !iet-t ack linEis a!i set fartil on til Er plat rEioordec as 9ciok 394 of Maps, Page 11, Cut dEllErting any (lovEiriant, aoriciiion cir uesrtricticiri indicatirig a prEiferern(e,, limitation cm c isurimiriatiori basEld ori rage, color, religion, se), handicap, familial states or riatiarial origin to then exteirit such cclVEiriants, conditions or iiestricticins %iclatEi 41 USC -IE1041Ia). 13. All matters sort forth in CaridomiriiLm DEiclaraticiri recorders as 515-IE1169SI anc Ameridec in inlrtrt. merit iieciorc Eid as 95.26401�-I, and Certiflaite of Correctiari rEraorc ec as 2CIOSI-398685, all of Cffiuial Reoord% tut celetirig ariy oovenarit, condition or restriction iridicatirig a prerfEmenw, lirriiiaticin or discrimination ba!IEld ari racer, calcm, religion, se), hancicap, ilamilial status,, or national oricliri, to the Eixtent such cciveriants, cons iticiri!i or iiestrict ions violater Title q2,, SEICticirl 3E la4(o),, of till Er Unitec States Cac es. 13. Deec of llrc St to seou re an iric ebtEidnessr of 1197(1,0(ICIAICI, and any & er amounts or obligations secured til- erety, reccmdec May 17, 1SIS15 a!r 95-021S146SI of Official Records. gated: Mara-- 10, 1995 llrustor: Cuaritum Haldirigs, L.L.C., an Aiiiacina limiters liability] complany hu stae: Uniteid Titley Agency- of Ariaona, ] nu.,, an P naciria cauploration BeriEifiaiary: William W. StEiverison Disclaimer (BeriErficial Interrest in Deet of -(rust; reoordec May 17, 1SIS15 as 95-0219414 of Cffioial Reoorc s. (Aflli Units 1,, 5, 6,, 14, 19, 101,, 108, 109 anc 111; 14. Deec of -rest to secure an iric ebtedness cif $11, 100,00(1.00, arid any cithEui aniau nts or obligations secured til- erety, reccmdec May 30, 1SIS15 a!r 99-03(IEi92-1 of Official Reucirds. DatEid: May 30, 1SISI9 -Instor: 9catt Aroperties, Iric.,, arr Ariaona corpcmatiori -Irustere: Uniteid -1tlEi Pgericyl of Ariaoria, ]nu., an Ariacina ccmFloration BeriEifiaiary: Ailliam W. StEiverison, a manned man Disclaimer (IBeriEificial Interest in DEie( of -Fust; reroordec May 30, 1SISI9 as 99-O.I106914 of Cffroiai Reoorc s. (Affect Units 1, 9, 6, 14, 19, lal, 108, 109 anc 111; 19. Ther tEIIIri ooriciticins arid pravisiami containec iri the co(iumerit entitled "NoticEi oil -leleroorrrmurlaaticiri Service and Norr axalusive Acoerss Aclueemerit" reccmdec FeCn.ary (11, 19SR as 517-00809CISI of Clffiaial REroorc s. (Affect Unit -OSI; 1E1. All matters a!r set farih in AddEiridum to Deec, reuor( Eid Maricl- 2,�, 1000 as 00-0121089a of Cfficial Re(iorc s. (Affect Unit 11:1; 11. All matilersr as !ret fora h iri P dderic u rrr to Deed, rerccirdErc C stater 210, 2(IC13 as 2(103-1459884 of Official Reoorc s. No. 5 ',ISIE 185 IJAffficts Unit 9; 18. All rr attElns as set 1lorih in AddElridum 1 a Deec, neaorc EId No�embEm 13, 3003 as x003-195E1a41 of Official Recarc s. (JAffects Unit 109) 19. A Daec of -IrL St W secure an indElttec riessi in a Re%olvirig Loari Agreement witt a credit limit in the principal amount all 1113,a00.00, tagetl-er with any and all War clLligaticiris seciLrec tterElty, neccrcEid September 1�1, 3a0z as 3CIa4-1368191 cif Official REicords. Daiec : AugLst CI9, 300,41 Trustor: Manganet L. LCIVEIII, an urimaniied woman -InustEla: Jetta Darr Beneficiary-: USAA Rec oral Savings Bank ("USAA RSB") (Affect Unit 8) 3(1. DEied of -frust to seciLre an indetiec rIEISS of $193,00(1.0(1, and any oirer amoL rats or obliclations seciL nec tll Eiret y, rElccmdec NavEirr t er C14, 2009 as 3009-1616839 of C lffiaial Reoorc s. Datec : GctobEni 19, 3009 -IrL stem: 91 aran M 1- arvEry, 31ru stEie of the HarvEIy Ramily --rust, arEiatec by a Declaration of -IrL st dated No%embem 1,41, 3003 -IrL stEie: Golc Ein "est Sa% ings P%ciciai ion Eleni ioEI Co., a Ca liliornia aorpanat'an BeriElfiaiary: worlc Sa%ings Bank, FSE (Affect Unit 9) 111. Daec of -rust to secure an inidElt tec riess of $381,900.10, aric any ot1• EIr arr oL nts cir aLligaticirn seaurElc tt eral:y, reccirdEld M aid 01, 3106 as 311641380CIEI9 cIf Official REWords. DatEIC: RebnLaryl34, 3006 -IrL Stan: Calroly ri M. L alicniest, an unmaniied woman -IrL StEie: Nart hvA est TrL si ee Ser%icEIS, I ric. Beneficiary-: Seattle MorlgagEI Company ThEi bEiriefiaial interest in t11 Ei Deec of -IrL St was aSsiigried to Bank cd AmEiricai, N.A. by Assignment rEloardec July 17, 3107 as 3107-(IE10783a cif Official REICand'_I. ThEi bEiriefiaial intteresit in t11 Ei DeEIc of -IrL St was aSsiigried to Bank cd Amerioa, N.A. t y Assignment reoardec Mard 09, 3a13 as 3013-1196319 cif Official Records. A cociLment reoordec as 3013-10391181 cif Official Reciards, pravidEIS that tre abligaticin Secured by tl-e DeEid of TwI was aSSL mEic by Charriplicin Martgage ComFlariy . (Afllects Unit I(II) Nei. 5796185 27. Deed of iFusit to sEicL re an indEittec rieEn oil 11381,90(1.00, and ariy otf Eir arriciLnts or obligatiorisi siea, rec th Eiret y,, rEicorc ed M aiicl• 01, 2100E1 asi 21006-C128CIC170 of Official REicordsi. Datec : HebrL ary 24,, 20C16 -WL stcirr Cc- rolyn M. LaHorest, an L rirriarriec wamari ilrustEie: 9Einior Clffieial wiih resiflonsibilityj fare 9iriglEi Family Mortgage Inscrance Miograrrisi in thEi DErpariment of HoLiAng and Urban DevelopmEirit RlEllc Mae with jurisdiction over 11-e property c Eiseribed bylaw, or a designee of that Official Beriefleiary: SElurietary of HaLsing aric Urban Developmerii (Afflects Uriii 1(11) 213. DeEIC o11 TlrLsi to secure an indebtedness of $2801,(I00.Cla, anc any ocher amoL rats ciii citligaticimi secured ihenEiby, recardec Pugusit 28, :1006 asi :1(1016-1139:180 of Official REicores. DatEid: ALgust 213, 20(IEI TfrLsiior: Donald B Owens, and Donna J Owami, 1-witanc anc wife as jairit tenants "it rigl t of SL rvivcuisirip TrLAee: Firsit AmEmicari Title Imiurance Company, a Califarnia cora BEineflciary: MortgaclEi Electrcinic REigisitration 9ystEims,, Inc., solely asi nomineEi for Couriirywic Ei Home Loan% Iric. QAfflscts Unit 118) 34. JLcgmerii, a certifiec copy of which was rEicKirdec Octoter 16,, 20(11 as 30(11-11361588 cif Clfficial Reccirids. BrltEiiiec : Clctobeii 11, 3a07 Cause N ci.: CR3a06-1(132591-001-Din DEittor: David Russiell Criec itor: 9taie cif Arizona A mCIL nt: $1,,387.90, with inteiiest at oro from QAttciriney 1lor JL dgmeni Crec itor: - ) (effects Unit 11% 29. A Deec cilTlrLsi to seeurEi an indebiedriesis in a Revolving Lcian Agiieemerit wiih a Credit limit in thEi principal amoL rit of 11115,a00.00, tagether with any and all cithEur of ligations securEic 1I-erety, recorcec SepiembEm 08, 210108 as 2(IC18-01172,11 cd Clffieial Recores. Datec : AL gL sii 301, 2a08 ilrustair JamEis R Ryan and Cariol CI Ryan, as-busiteEis on tehalil cif the Ryan Hamily Rev oaable ilrusrt datEid Marah 3, 3009 ilrustEie: JPMcuigari Chase Bank, National A%ciciaiion Berieficiar�: ]PMaiigari Chase Bank, N.P. (Affect Unit 1) Na. 5%ISIE ,185 SIE. Dent of llrusrt to seeLre ari indettec riesis of $318,(100.00,, and any othEir amocnts or abligati'ans seep rec th Eiret y, r0ccrndec SEipltembEm 39, 3008 as 3008.08351019 of Official Recorc s. Datec: SElptErmter 24, 1108 llru stair: Mahar: H. Van DEiri Beng, an L nmarriEid man llru stee: Nora hwErsi Tri si ee ServiicErsA Iric. BeriEfieiaq: Bank of America, N.A., a national banking asisocdation Th Ei bEirieflaial interest in th Ei Deec oil 31ru 91 was asnigried to Champion M origage Clan-iFlany by Mdclriment reeordec NcnrErmt Err 14, 2013 as 3013-1033973 of Clf dial RErcordsi. (Afllects Unit 2) 31. Deec oil 31ru al to securer ari ins Erttec ries oil 11318,(10(1.00, and any of her amourits or obligations securEid iherEiby, recarcEid SErptEirriter 39, 2CICI8 as 20CI8-OE13901EI oil Clfficdal REiccurdsi. DatEid: Sdpiemben 3q, 200EI 3lrusior: Riahand H. Van DEin ElEirg, ari urimanrriec man TrUiiee: Senior Clf dial v,ith resGlorisibility fan SinglEi Family Martclage InsuraricEr Frognams in the DElplariment of Hcresirig and Urtan DeveloprrrEint Fielc Office H ii h jurisdiction oVEir the FlnopEirt) c ENcirit Erd t elow, cur a desigriEre of that Official BEineflciary: SeerEitary of Housiricl aric Urban DeVEdopmeni IlAffied 9 L riii :I; 38. DeEid C11 TIM t 10 siecu ne ari iric ebtEidness cif 11339,00(1.0(1, anc any tither amou rats or of Iiclatioris secured iheneby, necorcad Ac gust 10, 2009 as 20(1511-0738399 of Clffiaial RErcords. Dai ed: Augu 91 Oz, 300511 Til stor: The DEinnis M Spadafare REnrcrcatle TiMIt UAD July 11, 3001 TmsteEI: DEinnis M. SFlac aforEr ElEineflciary: Christina M Valerii i (JAffacts L rill 9; 39. Jcdgment, a ceriifiec copy o1 V hieh was recon Erd July 1E, 301(1 as 301(1-060(1187 of Official REICCMds. Elritened: April 1E, 3001 Cause No.: RC2(ICI9-(191639 Det tor: Dennis Spadafore Ciieditcur: Gloria SFladailorEr Amacrit: $14,967.50, with intErnesit at 100)a frarri dale herErof until paid in fell. (jAttorriey fcrnILcgmertl CrEiditor: James H. Viles (IC118938) VilErs Law Clffices, E.E.C. - Ijg80) 451- ( 344 ) (JAffacts Unit 9; IN a. 5AS16 ,1815 30. Judgment, a aEirtifiea caply of whict was raciorcec hly 16, 201CI as 301(1-a60E1188 of Clffiaial REI Cords. E nterec : Au gu Si 0), 3003 Clause � a.: RC13009-a51E139 DEItton: Dennis S plac afore Clnec itor: Gloria Spac afcoie F mount: 11998.7 0, with intEnest at 10% from date 11 Eneof a ritil paic in fu II. (IPttamey for JL dgment Crec itarr ]amEis E. Miles (018938; Miles Law ClffiUM, U.L.C. - (480) a 91- 43,e 4 ) (lPffects Unit 9) 31. JudgmEint, a cEirtifiEia cCapy of whist was racamdec July 16, 2(114 as 3010-06CIEI189 of ClfficCial Recon: s. E ntEirec : Ac gu st (19, 300EI Ca se Na.: RC2009-051E135 DEIttcm: Dennis Sipjac afcoie Crec ii or: Gloria Spac afore Amaunt: $4,037.3a, with iriterest at 10% from catEi herElof until Glaic in full. (Attcumery for Judgment Crec itar: krnfls E. Vile'I ((118938; Viles Law MCEis, U.L.C. - (48a) Z 91- 43e 4 ) (Affect Unit 9) 33. JudgmEirit, a certiflEic copy of which was racamdec July 16, 2CI10 as 2010-06a619a of Clfficial RecCorc s. E ntEirec : Ju rie 34, 201C1 Cause No.: HC20(19-051EI25 DEibtar: Dennis Spac afane Crec ii or: Gloria MikEi Amount: $4,,133.(la, with interest at 10% from cato of jcdgmerii uritil (laid. (Attarnery tlor Jcdgmeni Crec itar: James E. Viler (018938', Vile'I Uaw MCEis, U.L.C. - (603) 2177- 2538) (Affect Unit 9) 33. JudgmEirit, a cEirtiflEic copy of which was raccmdec July 16, 2010 as 201(1-0606191 of Clfficial RecCorc s. 9nterec : January CIEI, 301CI Clause Na.: RC2009-051E135 DEItton: Derinis SlGlac afane Crec ii or: Gloria MikEi Amount: $736.66, witf intEmest at °ra fram (jAttcrmey for JL dgment Crec itair - ) (JAffact Unit 9) Na. 5W ;185 3S. Deec of llrust to sieacre ari iridettec rieui of $364,,699.010, aric any othEir amounts or obligaticans seaurEic tl•erety,, reiccoidec SEipltembEiri 28, 201CI as 201(1-083E1877 of Official Recores. DatEld: Elepternter 22, 2a10 TIrL9 ON Ramela McCall, an Lrimarriec warriari hL si ee: Tii lei Source, Irio. BEirieficiiary: MortgagEi Electronic Registration SystEims, Irio., scdEdy as ricirriineie llor Quiakeiri lJoaris Ina. IjAffl icts Uriii 2019) 35. JL c gment, a aeri ifiec capy of wh iah was rEiccirdec C ctat er 2:1, 20110 as 2110110-0926326 of Official REiccuids. EntEmed: CctobEiri 19 201CI Cause IN a.: RC 2101054091E129 DElttor: DEirinis SpadaforEi Cnec itari: Gloria M iNe ArriCIL nt: J13,,944.34 plLs interiest, sipaLsal mainteinaricu 1E1,699.78 plLsi iriter&fl, with iritorest at oro fram (Attariney for JL dgmerii Creditor: (Afilects Unit 9) 36. Daec of llrusit to secL rie ari iridet tec ries of $98,(1010I.C10, anc ariy cii her amaL rats circ at ligatiaris seaurEIC th Eiret y,, rEicaridec NOVEImt er 22,, 2(1101 as 2010-1(1x2599 of C ffiaial REICCRIds. DatEid: No%embEm 11, 201(1 31rLstar1: Daniell G Kahl and Roterta G Kahl, hLsitaric and wife -nn. si ee: Ririslt AmEiiiicari TitlEi Iris Ca BEiriefiaiar�: wells Farcicr Bank,, N.A. (Afflects Unit 1-I; 3a. JL c gmeint, a certified caply of wh ioh iAas reccuidec JanL ary 28, 2a11 as 2(111-CI08(IE147 of Official RElocirc s i. 81ritered: DeaembEui 22, 201CI CaUie No.: RC1200-051625 Det i or: Dennis Spac afare Creiditar: Gloria MikEi AmoL rit: 112,1x4.010, with intEuiesit at 10% from Cate till juc grrrent Lntil paid. (lAttorriey fcm Juc gment Crec icor: James E. Viles 110118938) Viies LaiA C fflaes,, L.L.C. - (602) 277- 355EI ) QAffbcts L riii 9; 38. A Notice and Claim of LiEiri rEicCIridEIC Hebruary 16, 20111 asi 2(I11-(1142(193 cif Cffioial REICCIrldsl. Claimant: MiragEl Heights FCIrTIElowr1Emsi Assciciaiion DEIttor: EIVEIribarik ArncIL nt: J15ZI. 1 % and ani of 1- er amourit, dLIEI th eireiri. Na. 5 191E 7185 (Afllects L reit 2(13; 39. A Receral lla) LiEiri in 11a%or cif the L riiiec States cif Ameuiiui, r8caridec July 11, 3013 asi 3013- (1603KIE13 cif Clffiaial REioOiids. hien IN a.: 87x807912 Det Ior: Timothy lkiylor Amol rit: $13,714.ea, anc any cd her amourit,, due tH Emein. ijAffacts L riii JC16) 40. Dead of Tmit W sieaurEi an iridetiec riesis of $136,fIa6.6.9, anc any citheu amaLnts ar citligatiarisi sEioL iiec thalieby, recaridec NavElmter a6,, 2(113 as 2013-10CIE116 of Official Recauid% Daiec : Odoberi 3a, 2013 Triusitor: Rater) J. Witlig, cnmarriEid TiimiteEi: L .S. Elank TtI.st Campany, Natiarial Association, a naiianal bariking asisciciai ion cirigariiaEid L rider thEi lawsi cif i he L riii ed 9tai es ElenEifIciaryl: L.S. Elarik Naticirial Assoaiatiori ND,, a naiicrrial tarikirig assaaiaiion orclariiaEid I. rider thEi laws of thEi Unitec States (Ipffect Unit 13) 11. DE18d of Trust io sEiourEi an indEittec nesse of %iq,9a0.CI% anc any of her amac rats air atligaticirisi sect, riec theuieby, rieaorc ad Novemter 20, :1012 as 2(113-1(192933 of Official REicarids. Datec : NavembEiri (13, 3013 Trusitcui: Edwarid N. CI'DEia and Joann O'Dea, as 11-u51tEiesi, the E6Aarc M. O'Dea aric Joarin CI'DEia Homily lrLsi, dated May 35,, 20(19 Trustee: ElenEifiaiary: MorlgadEi ElEictiionic Registration Sysiterris, Iria., solely as nominee for Standarc Bank anc Trust ClomFlany (JI` CTE: A TI'S stEies riame is natt listEIC ori tH is c OCL merit) (IPffect Unit 315) 4:1. DEiec of Trust to sElcw rEi ari ins EittEidnessi al 11115, 0aa.(ICI, and any otl• er amoc rats cue at liclations sEicII- rec tY Eiret y , reaorc ed Apiiil 29, :1013 ase 2013-03882M of C lfflaial REiocrrdsi. Datec : April 33, 3013 Trustan: Jean E. SL Hans, an L rimmiriec woman Trustee: C rant Canyon Title Henefiaiary: Morlgacla ElEictii is Registuation Systems, Ina., siolEdy as naminae fou On Q Hinaricial, Ino. (JPffedsi Unit 106) 1\ o. 57SI61S 5 43. DeEid cd TrLsl to seeura ari inc EittEidness cd JIM,400.00, aric arty athEiii arriaunts or abligaticins sEicured 1 herEiby, recaridEid July 11, 21013 asi 21013-46321387 of Official Reeorc s. Dai ed: h ne 18, 21(113 Trustor: 9loisie A. Crasmari, llriustee cif Ire Chiosman Livincl -bust, catec May 38,, 19SIE Tiimitee: L 9AA FEideral Selvincls i Beneficiary: MorlgaclE1 9lEictnoriie Reclistnaticiri Sysiem, Iric., sialely as riamiriee fcm L 9 FElderal Saviricls Sank, a ileoEinally chartEirec savings assoeiaticiri QAffEict Unit a; 44. DEied of Trust io secu ne an iricebtEidriEiss of $115S1,2194.00I, anc any cithen amoLrits cm citliclatioris !iecL rec thEuieby, rieeom Eid Ju rie 36, 2(114 as 2014-0" 31101 of Clfficiial Reccuids. Datec : JunEi 1SI, 30111 llrustcui: Dean A. HaaclEinson, TrustEie of thEi DEiari A. Haagerisciri REN ociat18 Tru sit , c ated May 1:1, 21(103 llrustEie: SEICL pity Title Agerigl, an Aniaoria eorFlaral ian Berkificiiary: Mortgage 9lectrania Registralian Wstems, Inc., solely as riomineEi far BEIII State Sank &ITrLsi (Afilect Unit 14) 49. A DeEid cif T11Ls1 to secure an incebtEidmiss iri a Reiirig Loari AgrEiemerii v,ii1- a erecii limii in til- a pniricipal amou rit of $25,00(I.00I, toC Either with arty and all oth er obligaiions seeurEid 1 hemb�, mccuidec FEit Mary) 34,, 2014 as 2(114-(1116939 cd Clfficiial Recioudsi. Dated: FlebruarN 14, 2101q Tru sl or: 91-arciri M F arvEry, as Triustee ori bEil•alf of llhe F arvEry %mily llrusit, catEic No\emben 1,1, 210021 TrLslee: JRMorclan C11 we Sank, Nail iarial Assoaiatiori BEirieflciaryl: ]PM argari Cl1 we Bank, N.A. (Afflectsi Uriit 9) 4E. Deec oil Trust tci seciure ari indEittec ries oil 11302,1 00.00, and any other amount s or obligai ians secured th erEity, mccuidec Manch 219, 21019 as 3CI15- C120021M of Clfficial Reeorc s. DatEid: March 13, 2019 Trusior: David W BLnas and Slusan G Suras, husbarid and "He liiLsiee: Flimit American TitlE1 Insuranicie Ccirrirlan�, a Nebnasika ciorpcuiatian Boriefleiaryl: Martclage Electronics Registration SysitEims, Iria., solely asi naminee 11or Nowa Flinaricial & Irnesitmeni ConFloralian ijAfflects Unit 113; Z'A. DeEid oil Tru sit to seciure an inc Eittec riesii oil 11100,000.00, and any other amount or obligai ions seau red 1 herety, rEicardEid April 1:1, 3C115 as 20119-02190171 oil Clfficiial Reccinds. Dai ed: April OEI, 3019 TiMitor: Timcithy R. lla) lar and Ann S Taylor, 11 L st anc anc wife TMiteEi: RioneEir Til le AC Eincy BEineflciaryl: MortclaclEi ElEictnonie Reclistnation S� stEims, I ria., scdEdy as ricimiriae for Cri Q Fliinancial, Iria. Na. 519E 785 IjAfflEicts L riii :11i q8. DeEld of Ti1Lst to secure ari iridettec riess of $6E,7CICI.00I, and any otter amou rits on otligatioris sEicu red thERiEiby, recandec May 219, 2015 as 21019 -C1384134 of Official P ecbrc s. Dai ec : May 19, 3CI15 Trustor: DEiririis R. i er, cui h is su ecesscui% as TrusteEM of tr a DEirinis R. i yERi DEICllaiiation Tlrust dated Septemter 12, 151517 Trustoo: Rirst AmEmicari 7tlE1 Company EenEificiary: Mortga(lEi Electranic Registration 9y9tEini9, Inc., solely as nominEie 11or Citi9ani I` .A. QAffects Unit 11) 49. DEIeC of Trust to sEiciu rEi an inc EittEic mess cd 11192,850.00, aric any ath Eir amounts or obligai ians sEicurec trEirei iieeorcEid January CIS, 201E1 as 30]6-C100:11 1215 of Official Recores. l is : DEicEimt er 31, 21(115 Tlrustcni: John M. 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(Notation fcm intEinnal Uie anly - riat a Flart of t1la eommii rriEint or Flolicy.; iIAMicts UrA 2) End ofl Schedule 8 No. 5796785 � nMEhr. o -s c y TG �� PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and In the future, we may ask you W provide us with certain Irdormadon. We understand that you may be concemed about what we will do with such impriation - particularly any personal or financial Information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this prtaacy Policy to govern the use and handling of your personal intortnatlon. Applicability This Privacy Policy, governs aur use of the information which you provide to us. 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We currently maintain physical, electronic, and pracedurel safeguards that comply with federal regulations to guard your nonpublic personal information. c2001 The First American Corpo rtbn - All Rights Resersal Mirage Heights Street Dedication — ROWA 2016-01 `coJ�T AI \�tm Town of FOUNTAIN HILLS 3 1, Development Services Department 9p16a`—�� October 27, 2016 Mirage Heights Condominiums Association c/o Trestle Management Group 4025 S. McClintock Drive, Suite #208 Tempe, AZ 85282 (Phone: (480) 422-0888 Fax: (480) 522-1221 mellerbusch(@,trestlemmajzment.com ) Attn: Maury Ellerbusch Re: Mirage Heights Street Ownership ROWA 2016-01 Gentlemen; You had requested maintenance of the street rights-of-way within the Mirage Heights Condominiums subdivision. However, in reviewing the Town's street right-of-way dedication records, Street Superintendent Justin Weldy noted that Del Cambre Court and Del Cambre Court West, within the Mirage Heights Condominiums Final Plat (Book 394, page 21 MCR; 95- 0181698), had not been legally dedicated to the Town of Fountain Hills. Both the Town's GIS records and the Maricopa County Assessor's records have erroneously shown these street segments as being public rights-of-way, so the Town had historically been maintaining these streets as if they were actually dedicated to the Town. We spoke with David Montgomery, whose firm prepared the Mirage Heights Condominium Plat documents, to determine the circumstances leading to this apparent oversight. He indicated that originally the streets had been shown to be private, and had been revised to be public streets prior to the plat approval. But, apparently a dedication statement had never been added to the Plat. The Town has now had a title report prepared by First American Title to determine who the current owner(s) of these rights-of-way actually are (copy attached). That title report 16705 E. Avenue ofthe Fountains— Fountain Hills, Arizona 85268 —(480) 816-5100 - Fax (480) 837-3145 Page 2 October 27, 2016 lists 53 ownership interests for these rights-of-way (many of these ownership interests are husband/wife, Trusts/Trustees, or joint tenants). We have attached a copy of that title report for your review. (Note: If the HOA has a right to this property — or authority to acquire this property - that is not shown in the title report, please advise.) So, the ownership options currently likely are: Continuation of individual ownership by the 53 entities. (Long-term, this is probably not a workable arrangement for street maintenance, and presents some potential liability concerns.) Transfer of ownership to the HOA: If your Association wants these streets to be privately owned and maintained by your Association, please advise, and we'll work through the steps with you that would be needed to definitively accomplish that. Transfer ownership to the Town: If your Association wants these streets to be publicly owned and maintained by the Town, please advise, and we'll work through the steps together that would be needed to definitely accomplish that. Thank you. Town CFM Title Report Final Plat — Mirage Heights Condominiums (4 sheets) Aerial Photo Map Cc: Paul Mood Ken Valverde Justin Weldy Robert Rodgers Andrew McGuire Raul Abad Anna Gall David Montgomery 16705 E. Avenue of the Fountains—Fountain Hills, Arizona 85268— (480) 8165100 -Fax (480) 837-3145 Mirage Heights Condominium Homeowners .association April 7, 2017 Planning & Zoning Department Town of Fountain Hills 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 Attention: Justin Weldy, Paul Mood, Randy Harrel RE: Mirage Heights Street Ownership Transfer Town Council and Staff, We would like to thank you all for your assistance and time in resolving this matter for us. Per the Council's request, please let this letter serve as a formal letter that the Board of Directors at Mirage Heights Condominium Homeowners Association unanimously approve the dedication and ownership transfer of the streets of Del Cambre Avenue and Del Cambre Ct. to the Town of Fountain Hills. We understand that the established deadline to obtain the unit owner's signatures for this transfer is 4 months. We ask only that we are permitted to start the process on October 1'r, 2017, when all unit owners are back in town for the fall. Please let us know if this adjustment to the time line can be granted. Sincerely, Maury Ellerbusch Trestle Management Group 4025 S. McClintock Dr. #208 Tempe, AZ 85282 480-422-0888 On Behalf of the Board of Directors Mirage Heights Condominium Homeowners Association Meeting Date: 5118/2017 Agenda Type: Regular TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Staff Contact Information: Grady E. Miller, Town Manager On behalf of the Strategic Planning Advisory Commission Meeting Type: Regular Session Submitting Department: Administration REQUEST TO COUNCIL (Agenda Language):. CONSIDERATION of Resolution 2017-18 adopting the 2017 Fountain Hills Strategic Plan. Applicant: N/A Applicant Contact Information: N/A Owner: NIA Owner Contact Information: NIA Property Location: NIA Related Ordinance, Policy or Guiding Principle: Strategic Plan Staff Summary (background): On December 15, 2016, the Strategic Planning Advisory Commission (SPAC) presented its draft Fountain Hills Strategic Plan for consideration to the Mayor and Council. At the Town Council meeting, the Town Council directed the Town Manager to work with SPAC on refining the format of the draft strategic plan into a format that would be easy to follow and bring back to Council for consideration. The Town of Fountain Hills utilizes the strategic plan to provide guidance on a variety of town activities including policy recommendations, town operations„ and even capital improvement projects. Prior to drafting the strategic plan, SPAC members wormed closely with the Fountain Hills Cultural and Civic Association on a community survey and the Vision Fountain Hills community event that took place in May 2016. The goals (strategic priorities) contained in the new plan were the direct result of the Vision Fountain Hills visioning process that included more than one hundred residents participating in the program. The Strategic Planning Advisory Commission also conducted a SWOT Analysis of the previous 2010 Strategic Plan and determined which actions/tasks were still relevant in the new plan. This coupled with the strategic priorities from the 2016 Vision Fountain Hills process form the basis of the updated Fountain Hills Strategic Plan. The 2017 Fountain Hills Strategic Plan contains the following strategic goals; - Maximize Economic Development Opportunities in Fountain Hills - Ensure that Infrastructure in Fountain Hills is Well -Maintained and Safe Attract Families and Working Professionals to Fountain Hills - Ensure that Fountain Hills Finances are Stable and Sustainable - Focus on Strengthening the Community and Improving Town's Quality of Life Page i of 2 Following the Town Council meeting on December 15, 2016, SPAC Chair Dana Saar and I met and worked on reformatting the draft strategic plan. After reformatting the document, the full commission had an opportunity to review the changes and they supported the newly reformatted document. At the February 27, 2017, Town Council special session, SPAC Chair Dana Saar and 1 presented the newly reformatted draft Fountain Hills Strategic Plan to the Town Council. The consensus of the Mayor and Council was that they liked the streamlined version of the document. Following the Town Council meeting on February 27, 2017, SPAC finalized the document including a new one- page summary that provides the vision statement and values statement along with the five strategic goals and related tasks. Due to the planning activities that occurred in 2015-2016, which included the community survey, Vision Fountain Hills visioning process, and other key research, the 2017 Strategic Plan covers the period of 2017 to 2020 rather than 2015 to 2020. Risk Analysis (options or alternatives with implications): N/A Fiscal Impact (initial and ongoing costs; budget status): TBD Budget Reference (page number): N/A Funding Source: NA If Multiple Funds udlimd, list here: N/A Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): The Strategic Planning Advisory Commission recommends Council approval of the 2017 Fountain Hills Strategic Plan. Staff Recommendation(s): Staff recommends Council approval of the 2017 Fountain Hills Strategic Plan. List Attachment(s): Resolution 2017-18 2017 Fountain Hills Strategic Plan Summary 2017 Fountain Hills Strategic Plan Report SUGGESTED MOTION (for Council use): MOVE TO APPROVE Resolution 2017-18 adopting the 2017 Fountain Hills Strategic Plan. Prepared by Directoes Approval: Approved: 4 . Grady E. Miller, I (!::y nager 5/4/1017 Page 2 oft VISION Fountain Hills is a distinctive community with long term economic sustainability and vitality anchored with an active and vibrant town citizenshp that serves to invigorate a rich cultural, social and economic quality of life VALUES Preserve the health, well being and safety of all residents and visitors Champion the diversity of experiences our residents bring to our community and rely on this depth of experience to innovatively address our challenges and continually improve our community Take responsibility for our Town's success by building partnerships and investing in our talent and resources Steward this unique enclave, dedicated to preserving the environment and visual aesthetic and to living in balance with the Sonoran Desert Encourage a strong community that meets the needs of a growing, balanced demographic 11 2015 FIVE-YEAR STRATEGIC PLAN STRATEGIC GOALS Economic Infrastructure Financial Stability and Community and Growth L Maintenance 3 Demographic Balance Quality of Life 1.1 Market Fountain Hills 1.1a Develop a community brand/vision/marketing plan 1.1b Develop a new business resource package 1.1c Increase funding for business accelerator programs 1.2 Sustain Commercial Businesses 1.2a Rezone undeveloped commercial property to residential where feasible 1.2b Adopt a text amendment that allows residenial uses on commercially rezoned properties 1.2c Rezone uplatted land for greater density and affordable family homes 1.3 Promote Tourism 1.3a Create and expand destination events STRATEGIC OBJECTIVES AND TASKS 2,1 Invest in Fountain Hills 3,1 Attract Demographic 4,1 Identify Sources of Infrastructure Balance Revenue 2.1a Develop and implement an investment plan to bring streets, buildings and parks up to established standards 2.1b Commission a study to identify gap between actual and subdivision ordinance specifications and determine cost of meeting ordinance specifications 2,2 Promote Environmentally Friendly Initiatives 2.2a Develop and adopt a comprehensive environmental plan 2.2b Research and report on economic and logistic feasibility of electric car charging stations 3.1a Work with State Land Trust to increase residential density 3,2 Market and Promote Fountain Hills as Unique Place 3.2a Distribute Town's marketing plan to local businesses 3.2b Expand use of social media and on-line messaging 3.2c Include family branding in marketing plan 3.2d Organize a young professionals group or organization 3.2e Organize specialty youth camps 3.2f Support youth club sports 4.1a Adequately fund all identified reserve funds 4.1b Identify revenue options 4.1c Increase revenues to meet community needs including addressing projected operating shortfall 5.1 Promote Education System 5.1a Include local school strengths in marketing plan 5.1b Work with FHUSD to maximize property values 5.1c Explore selling/leasing unused properties 5,2 Utilize Intergovernmental Relations to Achieve Priorities 5.2a Increase community efforts to lobby for municipal issues 5.3 Leverage the Talents of Residents to the Town's Advantage 5.3a Utilize effective volunteer skills and talents RESOLUTION 2017-18 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ADOPTING THE 2017 FOUNTAIN HILLS STRATEGIC PLAN. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council"), has determined it is in the best interests of the Town of Fountain Hills (the "Town") to maintain a strategic plan to provide guidance on a number of activities, including policy recommendations, Town operations and capital improvements; and WHEREAS, the Town first adopted its strategic plan in 2005 and has continually maintained it and updated it; and WHEREAS, the Strategic Planning Advisory Commission has prepared an update, the Town of Fountain Hills 2017 Strategic Plan (the "2017 Strategic Plan"), for Town Council Consideration. 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 Town Council hereby adopts the 2017 Strategic Plan in substantially the form and substance attached hereto as Exhibit A and incorporated herein by reference. SECTION 3. The Mayor, the Town Manager, the Town Clerk, and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, May 18, 2017. FOR THE TOWN OF FOUNTAIN HILLS: Linda M. Kavanagh, Mayor REVIEWED BY: Grady E. Miller, Town Manager ATTESTED TO: Bevelyn J. Bender, Town Clerk APPROVED AS TO FORM: Andrew J. McGuire, Town Attorney EXHIBIT A TO RESOLUTION 2017-18 [2017 Strategic Plan] See following pages. Town of Fountain Hills Strategic Planning Advisory Commission 2017 Strategic Plan May 18, 2017 Contents Mayor's Message.......................................................................................................................................2 SPACChair Message...................................................................................................................................3 Abstract......................................................................................................................................................4 Vision..........................................................................................................................................................4 Values.........................................................................................................................................................4 Background................................................................................................................................................4 Partnerships...............................................................................................................................................5 Core Responsibilities of the Town..............................................................................................................5 Howthe Plan will be Used..........................................................................................................................5 CommunicationPlan..................................................................................................................................7 How We Prioritized the Goals and Objectives...........................................................................................8 StrategicGoals...........................................................................................................................................8 Appendix A: Town of Fountain Hills Updated SWOT Analysis..................................................................14 Appendix B: Source Materials and Brainstorming Ideas..........................................................................16 2017 Fountain Hills Strategic Plan Mayor's Message On behalf of the citizens and the Fountain Hills Town Council, I am pleased to introduce the Town of Fountain Hills 2017 Strategic Plan. The Town of Fountain Hills utilizes the strategic plan to provide guidance on a variety of town activities including policy recommendations, town operations, and even capital improvement projects. From its earliest beginnings, Fountain Hills has grounded the vision for its future on the input and aspirations of its citizens. In 2004-2005 the first Strategic Plan was crafted over an 18 -month process involving thousands of hours of work with volunteer professionals and the input of more than 2,000 residents and stakeholders. This first formal Plan for the future of Fountain Hills called for the creation of the Strategic Planning Advisory Commission to assure that the annual goals and priorities set by Council and Town staff were consistent with the Strategic Plan, and to provide ongoing education and public dialogue opportunities. Prior to drafting the current strategic plan, Strategic Planning Advisory Commission members worked closely with the Fountain Hills Cultural and Civic Association on a community survey and the Vision Fountain Hills community event that took place in May 2016. The goals or strategic priorities outlined in the new plan were the direct result of the Vision Fountain Hills visioning process that included more than one hundred residents participating in the program. The Strategic Planning Advisory Commission also conducted a SWOT Analysis of the previous 2010 Strategic Plan and determined which actions and tasks were still relevant in the new plan. This coupled with the strategic priorities from the 2016 Vision Fountain Hills process form the basis of the 2017 Fountain Hills Strategic Plan. The 2017 Fountain Hills Strategic Plan is based on the following key goals or strategic priorities: ■ Maximizing Economic Development Opportunities in Fountain Hills ■ Ensuring that Infrastructure in Fountain Hills is Well -Maintained and Safe ■ Attracting Families and Working Professionals ■ Ensuring that Fountain Hills Finances are Stable and Sustainable ■ Focusing on Strengthening the Community and Improving the Town's Quality of Life The 2017 Strategic Plan honors and continues the Fountain Hills tradition of citizen -involved planning. Fountain Hills is truly the best place to live in Arizona, and we are confident that the 2017 Strategic Plan provides the roadmap for an even brighter future for our Town. Thanks to all who participated in this important planning process and for their efforts to help ensure a brighter future for the Town of Fountain Hills. Mayor Linda M. Kavanagh Strategic Planning Advisory Commission Page 2 18 May 2017 2017 Fountain Hills Strategic Plan SPAC Chair Message On behalf of hundreds of involved citizens and the Fountain Hills Strategic Planning Advisory Commission (SPAC), I am pleased to provide the Town of Fountain Hills 2017 Strategic Plan. As with the original 2000 Strategic plan and its subsequent revisions, this 2017 version provides a destination, as well as the road map to that destination. However, this plan was derived with far greater community input. SPAC joined forces in 2016 with a concerned group of community volunteers who formed what became Vision FH. This partnership enabled SPAC to benefit from a much more comprehensive set of survey and workshop data from which to author this 2017 Strategic Plan. Over 2,000 residents took part in a community wide survey conducted by Vision FH whose leadership included three SPAC members. The survey was followed up with a full-day workshop focused on each of the five Strategic Priorities: 1. Economic Development 2. Town Infrastructure 3. Attract Families and Working Professionals 4. Financial Stability and Sustainability Community/ Quality of Life That group of 100+ citizens along with the survey results guided SPAC's development of this Strategic Plan. It differs from previous plans in that it is much more prescriptive and contains specific outcomes for the Town Council and staff to work toward as they implement the details of the plan. The time and dedication of SPAC members has been outstanding. Even though the process exceeded our original 2016 timeframe, the results from the additional time have significantly enhanced the value of this document. On behalf of the SPAC members below, I wish to thank the thousands of Fountain Hills residents who helped in this process and hope that we witness the fruits of that labor over the coming years. It is our hope that the investment SPAC members have provided will result in a community that each of us envision as the best place in Arizona to call home. Dana Saar, Chair Town of Fountain Hills Strategic Planning Commission SPAC Members: Peter Bordow —Vice Chair Tammy Bell — Commissioner John Craft Jr. — Commissioner John McHugh — Commissioner Gerard Bisceglia — Commissioner Bernie Hoenle — Commissioner Strategic Planning Advisory Commission Page 3 18 May 2017 2017 Fountain Hills Strategic Plan Abstract The Fountain Hills Strategic plan is designed to empower every Town staff, Town Council, and Strategic Advisory Planning Commission member to ensure that efforts to complete and track progress of the Strategic Plan continue over its five-year life span regardless of position changes, elections, etc. This is a living document, intended to endure in principal and evolve in goals, objectives, and approach. Vision Fountain Hills is a distinctive community with long term -economic sustainability and vitality anchored with an active and vibrant town citizenship that serves to invigorate a rich cultural, social and economic quality of life. Values The following core values are a set of important and lasting beliefs and ideals shared by the members of our community. Our stated values influence and serve as broad guidelines in all situations to determine if we are on the right path and fulfilling our strategic goals; creating an unwavering and unchanging guide. • Preserve the health, well-being and safety of all our residents and visitors; • Champion the diversity of experiences our residents bring to our community and rely on this depth of experience to innovatively address our challenges and continually improve our community; • Take responsibility for our Town's success by building partnerships and investing in our talent and resources; • Steward this unique enclave, dedicated to preserving the environment and visual aesthetic and to living in balance with the Sonoran Desert. • Encourage a strong community that meets the needs of a growing, balanced demographic. Background This is the third major revision of the Fountain Hills Strategic Plan. The plan is substantially revised every five years, and for the 2015 refresh cycle, the Strategic Planning Advisory Commission departed from the historical structure and tone of the previous two revisions; opting instead to focus on specific, measurable goals and objectives. At the 2015 onset of the development of this plan, the Strategic Planning Advisory Commission facilitated a Strengths, Weaknesses, Opportunities, and Threats (SWOT) analysis report. That report helped provide context and focus for the resulting content. A full copy of that report is included in Appendix A of this document. Every goal and objective in this document is the result of numerous forums, engagements, discussions, polls, and presentations — all designed and intended to have this plan be the product of the community. Strategic Planning Advisory Commission Page 4 18 May 2017 2017 Fountain Hills Strategic Plan During the 2015 to 2017 update effort, the Strategic Planning Advisory Commission worked closely with a number of community organizations to facilitate input from the residency on priorities and goals. The Vision FH organization in particular provided enormous support and partnership, also serving as liaison to many other local organizations and groups. And while overall update process exceeded our original 2015/2016 timeframe, we believe the results from the additional time have significantly enhanced the value of this document. Partnerships A key success criteria to fulfilling the vision of the 2017 Fountain Hills Strategic Plan is the Town's long- term collaboration and partnership with those whom the goals and objectives were developed. Many local groups and organizations directly and indirectly contributed to this content. Significant contributors included: • Vision Fountain Hills • Fountain Hills Chamber of Commerce • Fountain Hills Business Alliance • JumpStart Business Incubator • Fountain Hills Civic and Culture Association • Fountain Hills Unified Schools District • Town of Fountain Hills Department Heads. Core Responsibilities of the Town In the context of this Strategic Plan it's important to note that the Town Government has a number of specific, adjudicated core responsibilities: • Administration • Infrastructure • Public Safety • Parks and Recreation And, while the community input for the content of this plan included a very broad and rich source of information and priorities, the goals and objectives included in this plan have been distilled from that input such that they are within the legal and logistical scope of the core responsibilities of the Town. A large part of the balance of the input we received from the community has been shared and taken on by our partner organizations. Appendix B includes a summary of that collateral. How the Plan will be Used In a municipal setting, staff and partner organizations use the strategic plan to develop proposals and initiatives that implement elements of the strategic plan; Council uses the strategic plan to evaluate all proposals. Strategic Planning Advisory Commission Page 5 18 May 2017 2017 Fountain Hills Strategic Plan While a full update of a Strategic Plan is recommended periodically (every five years), the Strategic Plan should be reviewed annually and adjustments made as necessary. The following cycle outlines the annual use of the Strategic Plan: Fall • SPAC reviews previous fiscal year achievements, recommends any potential Strategic Plan revisions to Council, and provides recommendations for future goals/action plan • Council considers revisions to Strategic Plan • Council sets annual goals Winter • Staff outlines annual action plan based on Council goals Spring • Council passes budget based on action plan Summer • Staff monitors implementation of Strategic Plan • Staff develops annual achievements report reflecting implementation of the Strategic Plan (based on previous year budget/action plan/goals) 19 Annual Strategic Planning Process 4 0 Strategic Planning Advisory Commission Page 6 18 May 2017 2017 Fountain Hills Strategic Plan Communication Plan The Communications Plan for the 2017 Fountain Hills Strategic Plan is designed to empower SPAC Commissioners, town staff members and Town Council members to ensure that efforts to complete the Strategic Plan continue over the five-year scope regardless of position appointment changes, elections, staff changes, etc. The Strategic Planning Advisory Commission applied significant focus and effort to methods and modalities of communicating the overall plan and reporting the regular and specific progress of each goal and objective. At the time of the writing of this plan, specific communication methods and modalities are still being evaluated and will be presented to the Town Council for consideration and approval. Following are the elements of the communication framework to be finalized. Our Commitment Our commitment to communication is intended to ensure transparency and accountability for the goals and initiatives within the plan, as well as to help in identifying possible course corrections, as we analyze where efforts are being taken and document results or lack thereof. Status Updates We will communicate progress and status of the Plan's goals, milestones, and initiatives, on a regular basis in clear, easy -to -understand language and easily accessible methods. Audience — Who is the Strategic Plan Written for? • Town Council and Mayor • Fountain Hills Residents • Our Local Partner Groups Modalities — Methods We Will Use to Communicate The Strategic Planning Advisory Commission recommends the Town present status updates in a variety of ways. Specifically, we suggest a mixture of traditional and online modalities that include: • Published and downloadable documents: o Word Document o PowerPoint o Executive Summary document • Online/web version: o Mobile Application o Social media o Fountain Hills Town website • In print —Fountain Hills Times • Public forums Strategic Planning Advisory Commission Page 7 18 May 2017 2017 Fountain Hills Strategic Plan Content - What We Will Communicate • Near term outcomes (Plan launch thru first 12 months) • Long term outcomes (13 months — year 5) • Metrics/milestones for monitoring and reporting Guidelines - How Will it be Communicated? Presentation of updates regarding progress of the Strategic Plan should meet the following requirements: • Easy to read and understand at a short glance (dashboard). • Include an easy guide on how to read the status updates. • Visually consistent between and among all Strategic Goals and Objectives. • Presentable in a variety of mediums such as online, published in hard copy, etc. • Should include detailed data behind a summary view so the viewer may choose to "drill down" into the details behind that summary view. • Tasks/Milestones should be refreshed/updated as required by the milestone completion date. How We Prioritized the Goals and Objectives Every strategic goal and objective included in this Strategic Plan is important and considered achievable by the Strategic Planning Advisory Commission, Town Council, and Town Manager. Having stated that, the Strategic Planning Advisory Commission, together with the Town Manager, assigned high-level priorities to each of the objectives within the strategic goals. This prioritization process is intended to reflect a narrow set of operating constraints and assumptions. The priorities: • Reflect the voice of the residents that participated in the groups and public forums and their view of importance, • Offer a potential context for funding prioritization, • Are not "set in stone", i.e., the dependency among items may shift or influence the stated priorities, • Do not necessarily imply a chronological order of completion. Strategic Goals The following section presents the specific target strategic goals and objectives of the 2017 Fountain Hills Strategic Plan. For every strategic goal, the individual objectives each include the high-level priority, task description, lead responsible resource and project completion date. Strategic Planning Advisory Commission Page 8 18 May 2017 2017 Fountain Hills Strategic Plan Goal # 1 — Economic Growth: Maximize Economic Development Opportunities in Fountain Hills Priority Tasks M Develop a community brand/vision/marketing plan for Fountain Hills L Develop a new business resource package L Increase funding for business accelerator programs Lead Responsibility Scott Cooper Scott Cooper Scott Cooper Priority Tasks Lead Responsibility M Rezone undeveloped commercial property to residential where feasible Scott Cooper/ Bob Rodgers M Adopt a text amendment that allows residential uses on commercially Bob Rodgers zoned properties M Rezone unplatted land for greater density and affordable family homes Bob Rodgers Priority Tasks L Create and expand destination events Lead Responsibility Rachael Goodwin/ Grace Rodman-Guetter Projected Completion Date June 2019 June 2017 July 2018 Projected Completion Date Ongoing June 2017 Ongoing Projected Completion Date June 2019 Strategic Planning Advisory Commission Page 9 18 May 2017 2017 Fountain Hills Strategic Plan Goal # 2 — Infrastructure Maintenance and Evolution: Ensure the Infrastructure in Fountain Hills is Well -Maintained and Safe Priority Tasks Lead Responsibility H Develop and implement an investment plan to bring streets, buildings, Grady Miller and parks up to established standards L Commission a study to identify gap between actual and subdivision ordinance specifications and determine cost of meeting ordinance specifications Priority Tasks M Develop and adopt a comprehensive environmental plan for Fountain Hills L Research and report on economic and logistic feasibility of electric car charging stations PW Director/ Bob Rodgers Lead Responsibility PW Director PW Director Projected Completion Date June 2019 June 2019 Projected Completion Date June 2019 June 2018 Strategic Planning Advisory Commission Page 10 18 May 2017 2017 Fountain Hills Strategic Plan Goal # 3 — Demographic Balance: Attract Families and Working Professionals to Fountain Hills ObFountain Priority Tasks Lead Responsibility Projected Completion Date M Work with State Land Trust to increase residential density Council/Staff December 2018 Priority Tasks L Distribute town's marketing plan to local businesses M Expand use of Social Media and on-line messaging L Include family branding in marketing plan L Organize a young professionals group or organization L Organize specialty youth camps (robotics, coding, arts, etc.) L Support youth club sports Lead Responsibility Scott Cooper Grace Rodman-Guetter Grace Rodman-Guetter/ Scott Cooper Scott Cooper CS Director/ Rachael Goodwin CS Director Projected Completion Date July 2019 Ongoing June 2019 June 2018 Summer 2018 Ongoing Strategic Planning Advisory Commission Page 11 18 May 2017 2017 Fountain Hills Strategic Plan Goal # 4 — Financial Stability and Sustainability: Ensure the Town's Finances are Stable and Sustainable Objective #1 — Identify Sustainable Sources of of iCore Services Priority Tasks Lead Responsibility Projected Completion Date H Adequately fund all identified reserve funds Town Council/Town Manager December 2027 H Identify revenue options Town Staff/Town Manager/Town Council September 2017 H Increase revenues to meet community needs including Town Manager/Town Council November 2018 addressing projected operating shortfall Strategic Planning Advisory Commission Page 12 18 May 2017 2017 Fountain Hills Strategic Plan Goal # 5 - Community: Focus on Strengthening the Community and Improving Town's Quality of Life Priority Tasks M Include local school strengths in marketing plan L Work with FHUSD to maximize its property values L Explore selling/leasing unused properties Lead Responsibility Scott Cooper/Grace Rodman-Guetter Town Staff/Council/FHUSD Town Staff/Council/FHUSD Priority Tasks Lead Responsibility L Increase community efforts to lobby for municipal issues Town Manager/Town Council Priority Tasks L Utilize effective volunteer skills and talents Lead Responsibility Heather Ware Projected Completion Date June 2019 December 2017 December 2017 Projected Completion Date January 2018 Projected Completion Date Ongoing Strategic Planning Advisory Commission Page 13 18 May 2017 2017 Fountain Hills Strategic Plan Appendix A: Town of Fountain Hills Updated SWOT Analysis Strengths - Environmental setting — Lush suburban setting with mountain views. - Community brand— World famous fountain. Recognized as one of the most livable communities in Arizona. Operationally lean local government— Efficient and within budgetary constraints. Safe community— Low crime rate. Responsive emergency services. Abundant amenities — The arts, theatre, recreation, sports, medical services etc. Proximity to Phoenix Sky Harbor Airport —30-minutedrive. Data infrastructure — Connectivity for local business and homes. Numerous special events — Art fairs, concerts, community gatherings. - Robust volunteer program —Active and organized community -wide. - Available office space Collaboration and support from local civic and fraternal groups. Weaknesses Fiscal sustainability—Sales and income tax revenues have been declining while operating costs, particularly for emergency services, continue to increase. Demographic imbalance — The age group 55 — 74 years saw the biggest increase since 2005 and now represents the largest age group in town. Almost 2/3 of the local households have only two (2) persons in residence. Enrollment in our schools is declining. Ideally there should be balance among the age groups in order to sustain and support community amenities, schools and non -retail business operations. - Aging infrastructure — Resulting in most of our roads, Fountain Park and government buildings facing increased maintenance and repair costs. Land locked— Limited room for new home or industrial space expansion. Presently only 2000 remaining plats for home sites. Future revenue growth from traditional sources will therefore be limited. Limited youth programs - By comparison with other bedroom communities, FH has a shortfall in youth programs and services. Coupled with housing costs and schools, youth programs are critical factors among young families considering relocation to an area. Lack of available industrial space — Limits our town's ability to attract employers. Affordable housing —The median value home is now $363,000 compared to $248,000 in 2004. Affordable housing is critical to attracting young families to the area. Town government is understaffed Strategic Planning Advisory Commission Page 14 18 May 2017 2017 Fountain Hills Strategic Plan With so much of the town's revenues committed to funding emergency services, other department staffs have been seriously cut back. Seasonal residents — Significant number of winter visitors who require local services and utilize local amenities, but not 'invested' in Fountain Hills' future. Opportunities Rebrand the community— Would require local support in identifying, developing and promoting a unique niche that would attract visitors and/or new residents. Extend residential density— New, affordable family housing. Focused economic development program —To increase use of available commercial space and increase revenues to the town. Future technology preparedness Threats General resistance by community to changes/investments proffered by local government. Impact of certain legislation by state on local government's ability to manage the community's evolving needs. Lack of funds to address the town's aging infrastructure. #- Sustainability of our school system with continued declining enrollment. Strategic Planning Advisory Commission Page 15 18 May 2017 2017 Fountain Hills Strategic Plan Appendix B: Source Materials and Brainstorming Ideas Following is the raw material produced from various workgroups and brainstorming sessions during the development of this plan. Economic Growth Consider: • Floor space • IT Infrastructure • Location • Employees • Public transportation (?) • Tax breaks, incentives (?) • Volunteer organizations • Part time residents (services/needs) view seasonal residents as benefit Resources for support: (organizations already meeting with range of talent) • Vision FH • Chamber of Commerce • Tourism/marketing effort • FH Economic Dev (Scott Cooper) • Realtors association • Kiwanis/Rotary/AMVets, etc • Yavapai Nation — Casino & We Ko Pa resort/conference center • Association of Mayors (is there one?) • Men's/Women's clubs Identify target business opportunities — products & services • Call Centers and/or remote office work facilities, web hosting • Camps & retreats (big in Prescott, Sedona) • Variety of medical needs continue —building more "senior" facilities - Concern about becoming Sun City "East" • Medical, and possible recreational marijuana sales/production • Auditorium mixed use facility similar to Highland Church (www.songkick.com) - Schools, community concerts, name entertainers, theater performances, etc Seek out private/public partnerships: • Peaks Athletic for "community pool", YMCA, shuttle transportation • School programs, competitive training (triathlon) • Theater Strategic Planning Advisory Commission Page 16 18 May 2017 2017 Fountain Hills Strategic Plan • Dinner theater options • Adult education, partnerships with extended campus ASU, UA, tech & others • Negotiations with EVIT • Focus on specialty: Business, Music, Resource Conservation, Wildlife Management • Could FH become a 1St class destination in one of these areas — what would it take • Work with Hot Rod fabrication shop, body shops, bike shops (what else do we already make in FH) - Idea is to teach skills • Golf cart public transportation for local errand support (Scottsdale model, tips?) - Start part time, weekends, special events Review the Fountain Hills Visitors Guide • Does it match what expected • Improved, some disconnects, update .pdf not fully automated, Grab a Bite needs work • Improve/increase multimedia marketing efforts, social media, and "other AZ and Phoenix guides" Activities/events, some missed opportunities to grow revenue: food, t shirts, mugs, posters, pins, etc • Silver Car Auction — link up related or partnership events • Phil's weekly car show • The Concours • Tour de Scottsdale, Cyclo Mesa & other events transiting FH (Bikefest step in good direction) • Artists series at several Churches — could benefit from larger venue (Auditorium) • Several nearby lakes (day at the Lake activities), we reference the lakes, but how about a boat show... • McDowell Mt Park events, better coordination, they have multiday events Park Place is on the way, need to help reduce the negative comments and try to determine positive benefits to the community. There doesn't appear to be a consolidated effort to fill the business space. Brokers Alliance is a prime example of how things "can" work, yet there are still challenges o first being affordable housing as stated by employees and potential new hires. 0 other challenge is finding the required IT savvy workforce locally to grow the companies Communications and Social Media, increased attention to the visitor guide & tourism with marketing. Scottsdale, Phoenix, Los Angeles provide most access to town site, followed by FH residents. Town working position description for full time equivalent be Public Info Officer. New business, Lai Mai Thai restaurant doing well by all reports (may be too small) and Dead Heat Brewery approved for location near Fry's to open in December. Develop a community brand o adventure center - natural environment o fine arts center ■ arts Strategic Planning Advisory Commission Page 17 18 May 2017 2017 Fountain Hills Strategic Plan ■ music ■ theater o environmentally conscious Retain current business o showcase o business specific ■ financial ■ training ■ increased traffic Create comprehensive resources package o town, county, state... o consolidation effort and content currency Develop a business accelerator • financial incentives or services discounts Showcase successful businesses • marketing - visibility inside & outside community • linking on social media Re -development o impact of latest development projects on Ave of Fountains o town parking plan - vertical vs horizontal o town efficiency, use of solar and other energy saving actions Measurements of success • jobs created • capital investment • revenue generated Strategy, milestones (PERT/Gant), return on investment (dollars/benefits) hard/soft • Jobs created • Capital invested • Revenue generated Demographic Balance • need for better child care options • recreation - wide variety from adult leagues to family oriented functions, typical sports to sand volleyball, kite flying, robot competition, drone flying competition, paint ball, battle zone, laser tag. • socializing for young mothers - exercise with strollers like Mall walking (our daughter-in-law had a jogging stroller) might work around the fountain Strategic Planning Advisory Commission Page 18 18 May 2017 2017 Fountain Hills Strategic Plan • entertainment - feedback from ballet was great performance, but mixed with little children and glow sticks was very distracting (we were at the HS football game and they had a special family carnival type event before the game - seemed well attended), nice comments about theater & youth theater • FH Village concept for living - separate apartments linked up with community center, dining area, etc. Somewhat a professional dorm approach with privacy. • Access to public transportation, limited use of motor vehicles, rent cars like Zip, and even rent bikes • More purchases of hybrid or electric vehicles - look for charging stations near a Starbucks • Recycle and renewable energy continues to grow - Facebook last week, where do I take recyclables since our condo doesn't do it • Trend toward living in smaller square footage • Live music ' there are a lot of bands, plus ASU has an outstanding school of music & ensembles • Restaurants with "natural foods" - One input requested late night - date night dining Relative to announcement about new micro brewery • Micro brewery & wine bars (sort of removed from center of town by being near Fry's) spin off could be golf cart provided transportation to/from the brewery so folks • don't drive or have to call Uber (carts for tips in old town Scottsdale) • Cart idea might even work for assisted living for those that want to get out additional background notes: Input on the environment from the community center planning workshop, contacts in FH, plus our own adult children with families: environmentally conscious, drive hybrids, eat from farmers market coop, rent vs buy housing, into triathlons, if possible - go wireless. Grandkids are growing up with iPads and Kindles. We text first, then email, then FaceTime, finally talk on phone. Favorite media sites, Facebook minimal use. • Link up with McDowell Mountain Park events • Spartan Races (multi day MTB events) • Multi day music festival • Mountain to Fountain 5K race • Fountain Hills Bike Fest (Apr 2017), bringing in support from CA for drag races o That was original plan, found out the drag race event was going to be too expensive o trying to find another contractor • Increase events for town family gatherings like: • Chili/bbq cook off • Taste of Fountain Hills • A real Art Gallery, revolving exhibits, etc. • Movies in the park, nice idea • Better environment needed beyond popcorn and blanket • Restaurant — at least one Fire Rock type, but available to the public in town • Casablanca Rooftop, Grass Roots, Culinary Drop Out (examples) • Tough to get nice glass of wine or a craft beer after 9:00 pm • Young professionals... (5t" and Camelback area), socializing spot • Old Town Scottsdale in general social mix of college and young professionals Strategic Planning Advisory Commission Page 19 18 May 2017 2017 Fountain Hills Strategic Plan • Irish Pubs, Scottsdale/Tempe • International or theme other than pizza • Social atmosphere — micro brewery, joint wine tasting w/several vineyards participating • Rotate hosting wine pairing meals • Takes business investment • Progressive dinner party hosted by local restaurants • Multimedia marketing (current/correct information) everything on the net • Put all government services on the net • Slide the city is one day per year, need a CrackerJax like facility • Skate board park, BMX bike park • Copper Wynds international tennis (should have related activities in town) • Hold invitational tournaments— golf, softball, soccer, pickelball, etc • School age travel teams, track meets, swim meets • Sponsor science fair with a focus — water/solar/renewable energy • Regional, state, SouthWest... science/technology fairs can be a draw • Solar powered vehicles (ASU & UofA), be great to see them tackle these hills • Move beyond two art fairs as the main draw and short term money maker for non -profits • Name performers in the fountain park • Generate atmosphere leaning towards innovation, students left area for robot competition • How about drone competition • Host a real "farmers market" • Segway touring, Zip car location, Zip type bike location (rentals) • Day care, child care services/facilities • How to better engage numerous resources associate with local churches Demographic balance (residential full/part time, tourism) o Build upon commute/accessibility to surrounding communities o Increase awareness of current assets o Family oriented o active Boys & Girls club o Work environment o assisted living advantages/convenience Contributing factors for attracting younger residents/visitors o housing environment (not just affordable - own/rent) o transportation around town (sidewalks, bike lanes, walking corridors) ■ walking ■ bikes ■ skate boards ■ hiking ■ neighborhood playgrounds ■ child care Increase Fountain Hills as "destination" Strategic Planning Advisory Commission Page 20 18 May 2017 2017 Fountain Hills Strategic Plan Dining experiences Recreational activities o professional sports o car shows o school aged tournaments Cultural activities o arts o sister cities o library, kid's museum or activity center Entertainment • participative and spectator Schools/education/training o advanced or unique programs o recruit talent for leadership credentials o facilities (pool, auditorium, sound/tv studio) o key sports teams Measurement and KPIs Measurement Terms Defined: • Strategic Goals — these are the stated desired end state condition over the 5 -year strategic plan; e.g., demographic balance will be... • Tasks/Milestones — These are specific measurable actions to be taken to reach the Strategic Goals. They should be granular, tactical steps each with a specific "by when" completion date. • State desired Strategic Goals — what is the end game over 5 years? What does it "look like" in 5 yea rs. • Strategic Goals — these are the specific stated desired end state conditions/results for the 5 - year strategic plan that support the overriding Strategic Priorities developed in collaboration with VisionFH. Consider; o What is the end game over 5 years? o What does it "look like" in 5 years—what has changed and what has been created? You should create two to four Strategic Goals for each Key Strategic Priority: Economic Growth, Infrastructure Maintenance and Evolution, Demographic Balance, Financial Stability and Sustainability, and Community. • Outcomes — These are indicators of progress toward the Strategic Goals and will help determine whether the subsequent tasks/milestones are on track to achieving the Strategic Goals or if the tasks/milestones should be adjusted (course correction). You can create several of these over the five-year plan at different intervals. There are essentially markers of success, over a period of time, toward the strategic goals. One or more Outcomes should generally be provided for the following periods: Strategic Planning Advisory Commission Page 21 18 May 2017 2017 Fountain Hills Strategic Plan o Short-term (1 year or less) o Mid-term (2 to 3 years) o Long-term (3 to 4 years) • Tasks/Milestones — These are specific, measurable actions to be taken to reach the Strategic Goals. They should be granular, quantifiable tactical steps; each with the following specific attributes: o What, specifically, is the task? — must be measureable as completed or not. o Who is responsible for the task? o By when will it be complete? o What other resources are required? o Is there a risk or mitigating circumstance? o What is the cost/price of completing the task/milestone? o Prioritizing is extremely important when creating tasks/milestone. Strategic Planning Advisory Commission Page 22 18 May 2017 Meeting Date: 5/18/2017 Agenda Type: Regular TOWN OF FOUNTAIN HILL, TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting department: Administration Staff Contact Information: Craig Rudolphy, Finance Director, 480-816-5162; crudolphy@fh.az.gov Strategic Planning Goal: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): Operational Priority: Not Applicable (NA) CONSIDERATION of ORDINANCE #17-01, amending the Fountain Hills Town Code, Chapter 7, (Buildings & Building Regulations), Section 7-2-1 (Fees), relating to the payment of fees, adding a new Section 7-2-2, (Compliance with Town Tax Code Provisions), and deleting Section 7-8-1, (Planning, Building and Engineering Fees). Applicant: Fountain Hills Finance Department Applicant Contact Information: Craig Rudolphy, Finance Director Owner: NA Owner Contact Information: NA Property Location: Town -Wide Related Ordinance, Policy or Guiding Principle: Fountain Hills Town Code, Chapter 7 — Buildings and Building Regulations Staff Summary (background): The existing Town Code, Chapter 7, allows for the issuance of a Building Permit after payment of the permit fees adopted by Council. There is no provision that requires payment of any outstanding fees, invoices, assessments, liens, etc. owed to the Town by the applicant. This proposed change to the Town Code will require that any unpaid fees owed to the Town or any third party must be paid in full prior to the issuance of a Building Permit or a Certificate of Occupancy, as appropriate. Risk Analysis (options or alternatives with implications):. Without this change, an applicant can obtain a Building Permit and/or a Certificate of Occupancy even though the applicant may owe unpaid taxes or fees to the Town or a third party. Fiscal Impact (initial and ongoing costs; budget status): Unknown Budget Reference (page number): NA Pagel of 2 Funding Source: NA If Multiple Funds utilized, list here: NA Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): NA Staff Recommendation(s): Staff recommends that the Town Council approve proposed Ordinance 17-01 as presented. List Attachment(s): Ordinance #17-01 SUGGESTED MOTION (for Council user Move to APPROVE Ordinance #17-01 as presented and to declare the implementation as an emergency to go into immediate effect. Prepared by: o ert R,o rs, Development Services Director 5/4/2017 Approved: Grady E. Miller, ow Manager 5/10/2017 Page 2 oft C RDIINA NCE 17-01 AN ORDINANCH OF THE MAYOR AND COUNCIL OF THH TOWN OF FOUNTAIN HAILS, ARIZONA, AMENDING THE TIOWN OF FOUNIIA IN HILUS TOWN CODH, CHAPTER 7, RHLATING TO PA YMENT OF FEHS. HD IT C RDIA INED BY 11HH MAYOR AND CIOUNCIIJ OF 'HHB TOWN OF FOUNTAIN HILUS as follows: SHCIIION 1. 'l1a Fauntairi Hills Town Coda, Chaptur I (Building and Building Ragulalions), Arlicila 1-3 (Feces), Suction 7-2-1 (IFous;, is harety amendad as folaciws: Section 7-3-1 Flees A. Permiill Foos. 111a permit feel for all naw slruciturcis, ENCAMATIONS, OR OTHER CIONSIIRIUC'flION ACTIVITY, INCLUDING all renovalion, ramadaling and repairs, shall bei in such amaunil as approvad t y the Council by rascilutian or as part of 1Iha Towri's annuaa bu glen. A IJL PERMIT FEHS MUST HH PAID, IN FUIJL, PRIOR 'HO ISSUANCE OF A BUILDING PHRMIII. H. Plan Raviaw Feas. When a plan ar ollhar data fcir ala now strucitures, HNCIAMAflIONS, OR OIIHB14 CONSTRUCTION A C11IVI'HY, INCLIUDINC all renovation, ramodaling and rapa:irs, is requirad to tel submittac, a plan reviaw Biel shall be paid at the time ofl submitting) plans and spac:ificalions for raviaw. Said plan reviaw feci shall t a ir.i such amount as appravad by ll.a Council ty resolut:iciri or as part aflthe Town's annual budged. A:I1 plan raview flees nllisil be paid, in full, prior la reviaw ofany plans or data. C. PLANT\ INC, BUIIJDINC AND HNC INHHRING FRES. THE FRES FOR SHRVICHS PROVIDHD HY 'IIHH PIJANNING DIMISION, THH BUIIJDINC DIVISION AND THE 13NGINEBRINC DIMISION SHA IJL BE ESTABLISHHD BY THE TOWN COUNCIL AS PART OF THE ANNUAIJ HUDCHT PROCHSS OR AS O'IIHHRWISE ADOPTHD BY 'MOWN CIOUNCIIJ RESOIJU'HION. AIJIJ PIJANNING, BUIIJDING AND HNGINEHRINC FRES MUSH BE PAID, IN FUIJL, PRIOR 'HO ISSUANCB OF A BUILDING PHRMI'H. D. 'IIHIRD PA14TY PIJAN RHVIBW AND INSPHCIlION FEHS. IF NEW STRUC-11URES, HXCAMAIIIONS, OR OTHHR CONSTRUCTION AC-HIVI-HY, INCIIJUDINC A IJL RHNOMAIIION, REMODEIJINC AND RHPA IRS, ARE SUBJHC -11 'HO THIRD PARTY RHVIHW OR INSPHCTIONS, 'HHB FRES FOR SUCH PIJAN REMIEW AND INSPHCITION SHAIJIJ BH PAID TO THD TOWN. All THD TIME OF SUHMITHING 'HHB PIJANS FOR RHVIHW TO THE 'DOWN IF DIRHCTED BY THE 'DOWN, SUCH FEHS SHA IJL HH PAID DIRECTIIY 110 11HH THIRD PARTY PLAN REMIHWHRI AT 'HHB TIMH OF SUHMIT'DING THE PLANS FOR REVIEW TO THD THIRD PARTY PLAN RHMIHWER. INSPHCTION FEHS SHALIJ HH PAID 110 'HHB TOWN PRIOR TO ISSUANCE OF A HUIIIDING PHRMI'H. 2905065.5 E. PAYIMHNII OF OUTSTANDING FRES OR TANDS. ANY OUTSTANDING FBBS OR TAXES OWED BM THE APPIIICAND TO THB TOWN FOR ANM PURB051B MUST BB PAID 'DO THB TOWN PRIOR TO ISSUANCE OA A BUIIIDING PERMIT; IF NO BUIIILIING PBRMIII IS NECBSSARYI, OR IF A BUIIIDING PERMIT HAS AIIREADYI BEEN ISSUBD, ANY OUTSTANDING FENS OR TANDS OWED BM THE A PPIIIC ANT TO THE TOWN FOR A NY PURAOSE MUST BB PA ID TO THB TOWN PRIOR TO ISSUANCE OF A CIHRITIFICATB OA OCCUPANCYI. SECTION 2. Tha Foumlain Hills Town Coca, Chapler 7 IlBuilding and Builcing Ragglwions,, Article 1-:I IlBeas), is hereby amendck to crciata a new SecJon 7-2-2 (Comp;lianaa will 'Down 'flax C ac ea Provisions)1 a read as follows: Section 7-2-2 Compliance with Town 'Dani Cc & Pi civisions A. BNaepl as set fdrth lealow, no builcing parmil shall bei issued to anN plarson, firm, corporation, partneirsl ip, joint venture, enl ity or any real ail ead part:i as, firms, caorporail i ons, plartnarsh:ipls, jo:inl ventureas or eanllitias, howevar legally organized or conslituled, who has b eaen c atarm inac by 1he Town Managcm or r i s designeaa lo owe the Town 'Dransacal ion Privilega Taxes pursuant to the provisions of 1he Town Tax Code. B. An applicaant firir a building parmiill who awes 1lha 'Dawn Miansac:lion Pjaivi:leage Taxas may lei Tissued a building parmil onlN :ifltha app:licanl has antarad :into a writilan agreamienil with 1he 'flown iaalaling Ila payment of thea tax obligation ane is, at lit ea time cif lthe submittal of 1he building plarmil app.licallion, aurrent in making all payments required undar tha terms cif lsuch agreamient. C. A luilding parm:l issuad to any parson, fieri, aarplaration, parinearship, joint uanturea, entity or any related parties, firms, corploralions, partnarships, joint venturas or enlities, lawavar aeagaal}I organiaad or cansilitutead that one subjact to a wrilten agreement iaalating to tha paymanl ofltax obligations as refeirencead above may ba suspandad or juvoked t the Town Managar or his das:gneae uplan the fai'lurea of 1ha peroson, firm, caorpora:lion, partnaiaship, joiinl ventura, anlity ar anN ralaled part}I to maka any payments pursuant to the agraeamanl. 5IBCITION 3. The Fountain Hills Town Code, Chaptear 7 (Builcing and Building Rlagulatkins), Axticale 1-8 (Planning, Building and Bngineering Aaes), is heraby dale:lad :in ills antiraty and rasarved for futurea use. 51BCTION 4. The imimied:iata aplearatkin aft This Ordinance is naaessary for the praservalion of thea public health and saf6ly, parlicularly thea Town's ability to adequale.ly fund and prov:idea buiading safeaty serv:icaas w:ilhout :inlarruptkin, and an amargency :is heraby caclared to exist, and This Ordinancaa shawl ba in full foraa and affect from and aftler its passagea and approval by:lha Town Council as raquiirad bylaw, anc it is lareby aNampt from the reftirandum provisions of the Town Coda and the Const i tuil i on anc laws of tha Stail ea of Ari zona. 9090(AA SEUBION 5. If any soction, subseat:ian, scirilenaa, alausei, phrase or portion cif this Ordinance is for any reiason held to bei :irival:ic or unaanstitut:ianal by the deic:isian of any cour of aampeilent jur:isd:iatian, suah decision shall not afftict tho validily afl tha ramaining portians of 1I hi s Ordi nanca. SEU BION 6. Tho Mayar, the 'flown Managor, tho 11own Cleirk and the 'flown At7larnay Ema hareby aulhoriaeid and direated to exacuta all dociuments and takes all. stops riaccissary to carry ow tha purpose and intend of this Ordinariae. FIASSED AND AE OPTED HYI tha Mayor and Council of the 'flown of Rountain Hills, Arizona, May 18, X111 . FIOR THD TC WN C FIOUNDAIN HILLS: ATTESTED TO: Ilinda M. Kmanagh, Mayor REMIHWHD HYI: Grac N E. Mill er, '➢awn Manager 2905065.5 3 Beivelyr. J. Bender, "➢awn Clerk AFPROVED AS TC FCRM: A.ndraw J. McGuire, 'flown A ItorneN L�`e of ArizLEGISL BULLE4VZ_ Cities !Towns Issue 17 - May 5, 2017 Legislative Overview Today is the 117th day of the session and, while the chambers have officially amended the rules to allow them to go through next Thursday, it is expected they will complete their work early next week on the last remaining policy bills and adjourn sine die. The major work this week has been on the state budget, which was finished when the House took its final vote around 4:00 a.m. today after an all-night session. To date, 294 bills have passed the legislature. The governor has signed 279 into law, vetoed 5 and the remaining bills are pending action. State Budget Early this morning, the Arizona legislature passed a $9.8 billion budget. Cities and towns have been part of the budget discussions since the Arizona Board of Regents' bonding proposal that would have taken our shared revenue first surfaced as part of the Executive budget. Unfortunately, we have never been directly involved in the negotiations. Until recently, shared revenue was still an element of the mechanism to fund the debt service so we have been unable to assist the universities in their efforts. Ultimately, there was so little support for the original proposal that the proponents had to concede and the mechanism was abandoned in favor of a more traditional appropriations process. Even that had trouble receiving enough support to pass so the "horse trading" began. We learned early in the day that we were once again going to be pulled into the fray when we heard that the provisions of HB 2495 (consolidated election dates; tax authorization) were rumored to be added to one of the budget bills as a way to "buy" votes for the bonding bill. As you will recall, this HB 2495 would have required all local sales tax questions to be put before the voters and limited the time these elections could occur to the fall cycle even -numbered years. We opposed this bill for a number of reasons, particularly as an intrusion on the decision making of local governments and were able to defeat it in the Senate Judiciary committee. Instead of jeopardizing one of the budget bills, a House Ways and Means committee was hastily called and the provisions of HB 2495 were stricken onto SB 1152. The bill barely passed out of the House on a 32-27-1 vote. However, the bill failed on the Senate floor by a vote of 14-16 with Senators Kate Brophy McGee, Karen Fann and Gail Griffin voting no. Senator Griffin moved for reconsideration of the bill but that motion was defeated on a standing division of 11-14. While this procedural move means that SB 1152 cannot be resurrected, we anticipate another attempt to pass this bill will occur next week. Based on past legal decisions, it seems there is a very strong likelihood that the courts would rule that charter cities have the authority to determine when these elections should be held. Regardless of whether you are a charter city or not, since statehood, elected city councils have had the authority to adjust tax rates unless they have a charter requirement to do otherwise. We will not know what the path forward will be until next week and will keep you informed on any action on this issue. SINE DIE Now that the budget is finalized, the Legislature will address the remaining bills still moving through the process, including a few that we are still working on. We have heard that the plan is to adjourn sine die next Tuesday May 9th. Legislative Bill Monitoring All bills being actively monitored by the League can be found here.