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D 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: 5:30 P.M. WHEN: TUESDAY, OCTOBER 3, 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\r171003\171003a.docx Last Printed: 9/26/2017 2:49 PM Page 1 of 4 CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh INVOCATION — Pastor Todd Forest, Fountain Hills Christian Center ROLL CALL — Mayor Linda M. Kavanagh MAYOR'S REPORT i) The Mayor will read a PROCLAMATION declaring October 28, 2017, as Make a Difference Day, in the Town of Fountain Hills. ii) The Mayor will read a PROCLAMATION declaring October 2017 as Domestic Violence Awareness Month, in the Town of Fountain Hills. iii) The Mayor will read a PROCLAMATION declaring October 15-21, 2017, as Friends of the Library Week, in the Town of Fountain Hills. iv) The Mayor will read a PROCLAMATION declaring October 15 — 21, 2017, Arizona Cities and Towns Week, in the Town of Fountain Hills. v) The Mayor will read a PROCLAMATION declaring October 23 — 31, 2017, Red Ribbon Week, in the Town of Fountain Hills. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) Mayor Kavanagh and/or Council may review RECENT EVENTS attended relating to Economic Development. ii) PRESENTATION by the Fountain Hills Branch Manager for the Maricopa County Library District Vicki Novak regarding activities and events. iii) UPDATE by Grace Rodman-Guetter, Communication and Marking Coordinator, regarding current activities and the Strategic Tourism Plan for the Tourism Division. 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 All items listed on the Consent Agenda are considered to be routine, non -controversial matters and will be enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an item on the consent agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the Agenda. 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from September 19, 2017. z:\council packets\2017\r171003\171003a.docx Last Printed: 9/26/2017 2:49 PM Page 2 of 4 2. CONSIDERATION of CANCELING the November 7, 2017 Council meeting, as it falls on Election Day. 3. CONSIDERATION of approving RESOLUTION 2017-36, abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easement located at the rear property line of 15737 East Thistle Drive (Plat 603, Block 2, Lot 6), as recorded in Book 161, Page 41, records of Maricopa County, Arizona. (EA2017-07) 4. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by Durim Zejneli, Owner of Georgie's Diner LLC DBA Georgie's Diner, located at 13407 N. La Montana Drive, Fountain Hills, AZ. This is for a series 12 license (Restaurant). 5. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by Michael Min Cho, Agent of C&H in Arizona, LLC, DBA That Guy's Pizza, located at 16948 E. Shea Boulevard, #104, Fountain Hills, AZ. This is for a series 12 license (Restaurant). 6. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Fountain Hills Republican Club (Tait Elkie) picnic to be held in the Grand Ballroom of the Fountain Hills Community Center, 13001 N. La Montana Drive, Fountain Hills, AZ, from 2:00 PM to 8:30 PM, on Saturday, October 21, 2017. 7. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Fountain Hills Sister Cities Corporation (Carol Carroll) dinner to be held in the Grand Ballroom of the Fountain Hills Community Center, 13001 N. La Montana Drive, Fountain Hills, AZ, from 6:30 PM to 10:00 PM, on Saturday, January 13, 2018. 8. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Kiwanis Club of Sunset Fountain Hills (Margaret Ziefert) for the promotion of a fundraiser to be held along the Avenue of the Fountains, in conjunction with the Fountain Hills Art and Wine Affaire, from 10:00 AM to 5:00 PM daily, from Friday, March 23, 2018, through Sunday, March 25, 2018. 9. CONSIDERATION of approving a CONTRACT (C2018-030) with Artistic Land Management, in the amount of $207,000, for Wash and Dam Maintenance. 10. CONSIDERATION of approving the FIRST AMENDMENT to Cooperative Purchase Agreement C2017-045, between M. R. Tanner Development and Construction, Inc. and the Town of Fountain Hills, for asphalt replacement and miscellaneous work, in an amount not to exceed $2,500,000.00. Regular Agenda 11. CONSIDERATION of appointing one (1) citizen to the Community Services Advisory Commission for the remainder of a one-year term beginning October 3, 2017, and ending on December 31, 2018. 12. CONSIDERATION of a COOPERATIVE PURCHASE AGREEMENT (C2018-040) with Riddle Painting and Coatings Company, in the amount of $189,108.98, for the painting of buildings in the Civic Plaza. z:\council packets\2017\r171003\171003a.docx Last Printed: 9/26/2017 2:49 PM Page 3 of 4 13. CONSIDERATION of awarding CONTRACT (C2018-056) to Christmas Light Decorators for the Town's holiday lights, in an amount not to exceed $50,000.00 annually, with four one-year renewal options for an aggregate of $250,000.00; and, authorizing a BUDGET TRANSFER from the General Government Contingency Fund to the Downtown Strategy Fund, in the amount of $19,650.00. 14. CONSIDERATION of awarding the CONTRACT (C2018-055) to Bluecor Contracting, in the amount of $2,162,956.01, for the construction of the Adero Canyon Trailhead. 15. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding LEGAL SERVICES for the Town of Fountain Hills. This item has been added to the agenda at the request of Mayor Kavanagh, Councilmember Yates and Councilmember Brown. 16. 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. 17. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. 18. ADJOURNMENT. DATED this 26th day of September, 2017. Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's office. z:\council packets\2017\rl71003\171003a.docx Last Printed: 9/26/2017 2:49 PM Page 4 of 4 D 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: 5:30 P.M. WHEN: TUESDAY, OCTOBER 3, 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\r171003\171003a.docx Last Printed: 9/26/2017 2:49 PM Page 1 of 4 CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh INVOCATION — Pastor Todd Forest, Fountain Hills Christian Center ROLL CALL — Mayor Linda M. Kavanagh MAYOR'S REPORT i) The Mayor will read a PROCLAMATION declaring October 28, 2017, as Make a Difference Day, in the Town of Fountain Hills. ii) The Mayor will read a PROCLAMATION declaring October 2017 as Domestic Violence Awareness Month, in the Town of Fountain Hills. iii) The Mayor will read a PROCLAMATION declaring October 15-21, 2017, as Friends of the Library Week, in the Town of Fountain Hills. iv) The Mayor will read a PROCLAMATION declaring October 15 — 21, 2017, Arizona Cities and Towns Week, in the Town of Fountain Hills. v) The Mayor will read a PROCLAMATION declaring October 23 — 31, 2017, Red Ribbon Week, in the Town of Fountain Hills. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) Mayor Kavanagh and/or Council may review RECENT EVENTS attended relating to Economic Development. ii) PRESENTATION by the Fountain Hills Branch Manager for the Maricopa County Library District Vicki Novak regarding activities and events. iii) UPDATE by Grace Rodman-Guetter, Communication and Marking Coordinator, regarding current activities and the Strategic Tourism Plan for the Tourism Division. 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 All items listed on the Consent Agenda are considered to be routine, non -controversial matters and will be enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an item on the consent agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the Agenda. 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from September 19, 2017. z:\council packets\2017\r171003\171003a.docx Last Printed: 9/26/2017 2:49 PM Page 2 of 4 2. CONSIDERATION of CANCELING the November 7, 2017 Council meeting, as it falls on Election Day. 3. CONSIDERATION of approving RESOLUTION 2017-36, abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easement located at the rear property line of 15737 East Thistle Drive (Plat 603, Block 2, Lot 6), as recorded in Book 161, Page 41, records of Maricopa County, Arizona. (EA2017-07) 4. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by Durim Zejneli, Owner of Georgie's Diner LLC DBA Georgie's Diner, located at 13407 N. La Montana Drive, Fountain Hills, AZ. This is for a series 12 license (Restaurant). 5. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by Michael Min Cho, Agent of C&H in Arizona, LLC, DBA That Guy's Pizza, located at 16948 E. Shea Boulevard, #104, Fountain Hills, AZ. This is for a series 12 license (Restaurant). 6. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Fountain Hills Republican Club (Tait Elkie) picnic to be held in the Grand Ballroom of the Fountain Hills Community Center, 13001 N. La Montana Drive, Fountain Hills, AZ, from 2:00 PM to 8:30 PM, on Saturday, October 21, 2017. 7. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Fountain Hills Sister Cities Corporation (Carol Carroll) dinner to be held in the Grand Ballroom of the Fountain Hills Community Center, 13001 N. La Montana Drive, Fountain Hills, AZ, from 6:30 PM to 10:00 PM, on Saturday, January 13, 2018. 8. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Kiwanis Club of Sunset Fountain Hills (Margaret Ziefert) for the promotion of a fundraiser to be held along the Avenue of the Fountains, in conjunction with the Fountain Hills Art and Wine Affaire, from 10:00 AM to 5:00 PM daily, from Friday, March 23, 2018, through Sunday, March 25, 2018. 9. CONSIDERATION of approving a CONTRACT (C2018-030) with Artistic Land Management, in the amount of $207,000, for Wash and Dam Maintenance. 10. CONSIDERATION of approving the FIRST AMENDMENT to Cooperative Purchase Agreement C2017-045, between M. R. Tanner Development and Construction, Inc. and the Town of Fountain Hills, for asphalt replacement and miscellaneous work, in an amount not to exceed $2,500,000.00. Regular Agenda 11. CONSIDERATION of appointing one (1) citizen to the Community Services Advisory Commission for the remainder of a one-year term beginning October 3, 2017, and ending on December 31, 2018. 12. CONSIDERATION of a COOPERATIVE PURCHASE AGREEMENT (C2018-040) with Riddle Painting and Coatings Company, in the amount of $189,108.98, for the painting of buildings in the Civic Plaza. z:\council packets\2017\r171003\171003a.docx Last Printed: 9/26/2017 2:49 PM Page 3 of 4 13. CONSIDERATION of awarding CONTRACT (C2018-056) to Christmas Light Decorators for the Town's holiday lights, in an amount not to exceed $50,000.00 annually, with four one-year renewal options for an aggregate of $250,000.00; and, authorizing a BUDGET TRANSFER from the General Government Contingency Fund to the Downtown Strategy Fund, in the amount of $19,650.00. 14. CONSIDERATION of awarding the CONTRACT (C2018-055) to Bluecor Contracting, in the amount of $2,162,956.01, for the construction of the Adero Canyon Trailhead. 15. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding LEGAL SERVICES for the Town of Fountain Hills. This item has been added to the agenda at the request of Mayor Kavanagh, Councilmember Yates and Councilmember Brown. 16. 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. 17. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. 18. ADJOURNMENT. DATED this 26th day of September, 2017. Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's office. z:\council packets\2017\rl71003\171003a.docx Last Printed: 9/26/2017 2:49 PM Page 4 of 4 Town of Fountain Hills PR0CLAMAT10N WHEREAS, serious social problems concern our nation, state, and town, and threaten our future; and, WHEREAS, connecting with others and working together through volunteer service can bridge the differences that separate people and help solve serious social problems; and, WHEREAS, we, the American people and the residents of Fountain Hills, have a tradition of philanthropy and volunteerism; and, WHEREAS, in 2016, almost five million people cared enough about their communities to volunteer on MAKE DIFFERENCE DAY, accomplishing thousands of projects in hundreds of cities and towns; and, WHEREAS, in our community, nonprofit organizations, schools, businesses, houses of worship, families, neighborhoods, and friends serve together to make a difference; and WHEREAS, 2017 makes the 9`' year for Fountain Hills to demonstrate that it is the small town with a big heart; and WHEREAS, the Town of Fountain Hills supports a vibrant community to enrich the lives of our residents; WHEREAS, I, Linda M. Kavanagh, Mayor of the Town of Fountain Hills, Arizona, do hereby proclaim October 28, 2017 as MAKE A DIFFERENCE DAY in Fountain Hills , and urge all citizens to participate in volunteer projects as we work together to meet the needs of our neighbors. Dated This P day of October, 2017 A,IN f c u : 1. rt:crt crrr r -�Ir, AlaVr�r 0 Ji `'''Lfs � Bevelyn J. Bend, Toon Clerk r'1'Yn wr o f F+I�J u—wTAr � Yf—Ls l� ROCL. -� AT.roJY 7Yfereas, home should be a place of warmth, unconditional love„ tranquility, and security; and 7f'frereas, for most of us, home and family can indeed be counted among our greatest blessings; and 30fereeais, tragically for many Americans, these are blessings that are tarnished by violence and fear; and 3L'fiereas, women, men, young children and the elderly are all counted among the victims of domestic violence; and whereas, physical injury and deaths occur and emotional scars are often permanent; and h'ftereas, law enforcement officials, shelters, hotline services, health care providers, the clergy, and concerned citizens are helping in the effort to end domestic violence; and Whereas, we must recognize the compassion and dedication of these volunteers and professionals, applaud their efforts, and increase public understanding of this important problem; and IYriere,ms, the Town Council approved Resolution 2013-44 on August 15, 2013, expressing support for the "Start by Believing Campaign" through the End Violence Against Women International organization; Von, j—Aer-r16I, Linda M. Kavanagh, Mayor of the Town of Fountain Hills, Arizona, do hereby proclaim the month of October as .%ffetttft in Fountain Hills and urge all citizens to observe this month by becoming aware of the tragedy of domestic violence and supporting community efforts in working toward its end. D.972"D Jibs 3'' day of October, 2017. AIN i V SIS ghat I. rWMR 21 17MAM oll 0, .a r { l :,�r- Own Clerk TOWN OF FOUNTAIN HILL' PROCLAMATION K iEREAS, Fountain Hills Friends of the Library raise money that enables our library to move from good to great—providing the resources for additional programming, much needed equipment, support for children's summer reading, and special events throughout the year; and IYHEREAS, the work of the Friends highlights on an on-going basis the fact that our library is the cornerstone of the community providing opportunities for all to engage in the joy of life-long learning and connect with the thoughts and ideas of others from ages past to the present; and 11 HEREAS, the Friends understand the critical importance of well -funded libraries and advocate to ensure that our library gets the resources it needs to provide a wide variety of services to all ages including; access to print and electronic materials, along with expert assistance in research, readers' advisory. and children's services; and IVIIEREAS, the Friends' gill of their time and commitment to the library sets an example for all in how volunteerism leads to positive civic engagement and the betterment of our Co11111111nity. NOW. THEREFORE, 1, Linda M. Kavanagh, Mayor of the Town of Fountain Hills, Arizona, do hereby proclaim October 15-21, 2017, as Friends of the Library jf eek in the Town of Fountain Hills and urge everyone to join the Friends of the Library as partners in making our library and community even better. IN WITNESS WIIERE(]F, l have hereunto set my hand and caused to be affixed the official seal of the Town of Fountain Hills, Maricopa County, Arizona this 3`1 day of October, 2017. ✓� da �1f lirrir � {�lr, ,tlrri'rrr� ° Attest: Bevelyai J Bfnder,Yoim Clerk aZCITIE Town of Fountain Hills Ao VQ K Giles AI,Towns 076 i@,WOrk.COM P R 0 C L A FIJI A T 10 N WHEREAS, the citizens of the Town of Fountain Hills rely on the town to experience a 'high quality of life in our community; and WHEREAS, cities and towns in Arizona work 24 hours a day, seven days a week to deliver vital city and town services such as fire, police, and emergency medical response to ensure safe communities; and WHEREAS, cities and towns in Arizona also provide services and programs that enhance the quality of life for residents such as parks, utilities, street maintenance, sanitation and recycling services, libraries, community centers, and recreational programs; and WHEREAS, it is important for the Town of Fountain Hills to continue to provide the excellent delivery of services and programs that our citizens have come to expect in our community; and WHEREAS, it is one of the responsibilities of town officials to ensure open and accessible government through frequent communication with citizens using various avenues and means; and WHEREAS, through participation and cooperation; citizens, community leaders, local businesses and municipal staff can work together to ensure that services provided by the Town of Fountain Hills can remain exceptional elements of the quality of life of our community; and WHEREAS, I, Linda M. Kavanagh, Mayor of the Town of Fountain Hills, Arizona, do hereby proclaim that the Town of Fountain Hills joins with the League of Arizona Cities and Towns and fellow municipalities across the state of Arizona in declaring October 15 - 21, 2017, Arizona Cities and Towns Week. Darted This 5"' day of October, 2017 AIN M. Kavano Mayor ArTESr: "kit it, ° Bevelyn J. 8e `der, � unn Clerk PROCL. MATTOW WHEREAS, Alcohol and drug abuse in this Nation have reached epidemic stages; and WHEREAS, It is imperative that visible, unified prevention education efforts by community members be launched to eliminate the demand for drugs; and WHEREAS, the East Valley Young Marines, the local unit of the United States Young Marines, is a youth education and service program for boys and girls that focuses on promoting the mental, moral, and physical development of its members, including character building, leadership, and encouraging a healthy, drug-free lifestyle; and, WHEREAS, The Young Marines is the official youth program of the United States Marine Corps and is the focal point for the U.S. Marine Corps' Youth Drug Demand Reduction efforts and is open to youth, ages eight through high school completion who are in good standing in their school; and, WHEREAS, The National Red Ribbon Campaign and the East Valley Young Marine program offers citizens the opportunity to demonstrate their commitment to drug-free lifestyles (no use of illegal drugs, no illegal use of legal drugs); and WHEREAS, The East Valley Young Marines have earned the DOD's Fulcrum Shield Award and the DEA's Enrique Camarena Awards for their Drug Demand Reduction efforts in the Phoenix Metro Area; and WHEREAS, The National Red Ribbon Campaign will be celebrated in every community in America during Red Ribbon Week, October 23-31, 2017; and WHEREAS, business, Government, parents, law enforcement, media, medical institutions, religious institutions, schools, senior citizens, service organizations, and youth will demonstrate their commitment to healthy, drug-free lifestyles by wearing and displaying red ribbons during this week-long campaign; and WHEREAS, the Town of Fountain Hills further commits its resources to ensure the success of the Red Ribbon Campaign; WHERAS, October 23-31, 2017 has been designated National Red Ribbon Week, which encourages Americans to wear a Red Ribbon to show their support for a drug free environment; NOW, THEREFORE, I, Linda M. Kavanagh, Mayor of Fountain Hills, do hereby proclaim October 23-31, 2017 as Red Ribbon Week, and encourage its citizens to participate in drug prevention education activities, not only during Red Ribbon Week, but all year long, making a visible statement that we are strongly committed to a drug-free Fountain Hills. DATED This 3`d day of October, 2017. D -,,, n M. Kava a h, Mayor A est: Bevelyn J. B nder own Clerk Ii t Maricopa County Reads 2017 Summer Reading Program t�_ w° 506 participants, a 35% increase i� � -vnmw 'sou ZnWWGL UVWU6 bLOILSW MOyro 141 readers earned the final book prize WD d RCIP 1!0 0 Next Teens Giving Back program: LC L-(. ber 14, 9 a.r' Fountain Hills Library Aff .. 1 RJR Ir i a� yl Teens Giving Back 2017 NACo Award 100 Brilliant Ideas at Work foods I hat Shaped the WoOd k. Doi 4", 'A— —TUMV. 4V Fd ood for Fines Waived $1,140 in fines, collected 571 items for Extended Hands Food Bank r--E'OuLtL1i11 11ills N ar � Please Time for Babies 1st & 3rd Tuesdays, 10 a.m. Mindfulness October 4, 111 Project 562: Changing the Way We See Native Am( 18 & 25, 11 October 17, 10 a.m. ❑ MCLD Funds ❑ Friends Funds CLD Funds MCLD Funds $1,200.00 4% Friends Funds $27,157.22 Total $28,357.22 Programs Offered: 675 Attendance: 8544 f)/) Maricapa County Library District where eiviosity bads np 3C 93 12016-2017 programs provided r5r@4qR through Friends funding J'a"Ve ► NJJ� Town of Fountain Hills Tourism Division Council Update — October 3, 2017 o (TV 1:hills founiaii .................................................................................................................................. - i......................................... www.experiencefbt�ainhills.org 66 • The Town of Fountain Hills saw an 7.1% increase in Growth in 2016 gross hotel room sales tax How has the tourism industry grown in FY 15/16 compared to in the past year and what kind of FY 16/17 impact does it leave in Town? • Making us eligible for more funding from the Prop 302 Tourism Fund. funiaiii`ohills ................ ..................... www.ex eriencefb�ainhills.org Grants The Division is proud to announce the honor of being awarded grant monies this year. -AaOl�.,,'T ZR •Grant monies awarded by the Salt River Pima Maricopa Indian Community ,* In the amount of $35,000 C. @ (TV ......................................... www.experienceil bi�ainhffls.org i` hillsfouniaii Online Rules the World! Where do we currently stand? Audience Reach/Engagement FACEBOOK IMPRESSIONS DEM©GRAWCS 31% Male Fans b% '13-17 1% 18-24 17% 25-34 25% 35-44 69% Female Fans 0% 13-17 196 13-24 193c 25-34 253. 35-44 22e 4.ra-54 Facebook • "Likes" up 15% from July2016 through June 2017 • Engagement: 950,509 impressions with an average of 3,614 impressions per post Experiencefountainhil Is.or • June 2016 — 2017: 2121877 with an average of 1:38 time spent on page • This is higher than the national average • Most popular cities: Phoenix, Scottsdale, Fountain Hills, Los Angeles, Mesa, Tempe, Gilbert, Chandler, Gilbert and Glendale • 1 f iaiii.: .................... www.ex erlencefbtainhills.b ..................................................................................................................f - Marketing Strides How has our marketing plan reached the outside community/valley? fountair��`�hills • Cubs Spring Training Advertisements • The Cubs set a new Spring Training Attendance record for the 2017 season: * Total attendance at Sloan Field for the season was 226,933 • Crowds saw our full page ad in the Cubs Spring Training program • Fountain Hills sponsored all Home Runs for the entire Cubs Spring Training season (TV 61.1 -, ......................................................................................................................................................................... www.experienceftq�- ainhills.org 66 Marketing Strides How has our marketing plan reached the outside community/valley? • Waste Management Phoenix Open Golf Tournament • 2017 Attendance broke records with a weekly total of 655,434 • Crowds saw our full page ad in the event program • We were the Proud Sponsor of hole #2 INU :10 1 ILI J A M ILI PROUD SPOMOR OF TV HOLE 2 fOLI nt i ills ( ills.org .: .............www.experienceip ainhfountain:.hills ............................................................................................................................................................ L�- 9 Half -page ads in Phoenix New Marketing Magazine Endeavors • An Amplified Story What is next for fiscal year 17/18? Campaign with Madden Media •The Terminal 4 Escalator ad spot in Sky Harbor International Airport *Expanded Digital Retargeting Campaign to drive traffic �) 0, • %) 0 G) 0 New Video �9 @ Q q) 0 (TKO C) * founiaii`: hills ........................................................................................................................................................................... www.experienceii+a nhills.org Award s The Division is honored to be the recipient of several marketing awards this year. fo U n1ain"hills ....... I-W—W,hlh ., • The International Festivals and Events Association: e Silver • Best Miscellaneous Multimedia — Tourism Video • Best Single Digital/Social Display Ad — Spring Training • Best Single Newspaper Display Ad — Spring Training Ad fountain"NIL , c.p.H-cefo.ntainhUls,F ..................................................................................................................................... www.experiencefountainhiIIs.org • The International Festivals and Events Association: • Bronze Awa rd • Best Single Magazine Display Ad The Division is honored to be the Golf Campaign recipient of several marketing awards • Best Ad Series — 2017 Get out of the this year. Valley and Into the Hills • Best Promotional Poster — Music Fest founiaim www experiencefountainhElls funiaoiri`hills......................................................................................................................:......:........................ l:.0-S:.D TX WE - ?OW 5:15 6:55 PX R r,D -5-v00 PX !4RTET • • gic 3'r Ks Goals • Goal #1 Communication and Outreach • Provide accurate and consistent information on tourism related issues to all stakeholders through a variety of communication vehicles. • STATUS/COMPLETITION DATE — ON GOING • Goal #2 Destination Marketing and Promotion • Promote the iconic branding to effectively differentiate the Town of Fountain Hills. • Create awareness for Fountain Hills by effectively positioning the destination as an events and leisure location with the valley. • STATUS/COMPLETITION DATE — ON GOING • Goal #3 -Research, Planning and Measurement • Continue to implement a strategic approach to research, planning and measurement, allowing funding to refine marketing efforts. D • STATUS/COMPLETITION DATE — ON GOING © (TV fount• www.ex eriencefbtainhills.b f ain :hills...................................................................................................................................... Goals e Goal #4 - Industry Education, Training, and Recognition • Maintain communication and education with stakeholders regarding the needs, trends, changes, etc. of the local tourism industry. 0 STATUS/COMPLETITION DATE — ON GOING • Maintain industry -related trainings through conferences, webinars, etc. in order to stay on top of the shifting dynamics of Arizona tourism. . STATUS/COMPLETITION DATE — ON GOING 0 Research and apply for industry awards and honors 0 STATUS/COMPLETITION DATE — ON GOING J (30 0 C) O (Tv Any -hills .................................................................................................................. ain hills.orgfou4aii........................................................ www.expenencefbq4_ Goals • Goal # 5 - Tourism Product Development • Support new and existing recreation and special event programming. • STATUS/COMPLETITION DATE — ON GOING • Look to develop 3-5 niche opportunities like biking, sustainable dining movements, golf and spa packages, and outdoor adventure for potential long- term market development. • STATUS/COMPLETITION DATE — ON GOING • Goal # 6 -Strategic Alliances • Continue to work with and develop key strategic alliances within the tourism industry to promote all there is to see and do in Fountain Hills. • STATUS/COMPLETITION DATE — ON GOING J D q (3 0 iaiii.: www.exeriencefbtainhills.b founhills...................................................................................................................................... rg • Continue to Work Together- The Town of Fountain Hills is Success a destination that works well with others. The division has fostered a can do spirit and continues to take on Factors and challenging issues. It is important for the council and staff Measurability to continue their approach to work and support the goals of the division. The Strategic Plan will be reviewed annually with a Community- Critical to the destination's success is the measure of achievement continuation of efforts to educate and involve the on each of the action community in tourism. It is important that the local items. community understand the importance of tourism in the Town of Fountain Hills and the industry's role in generating employment and local tax revenue. • Culture of Innovation- The Fountain Hills Tourism Division must continue to innovate and reposition to meet the changing dynamics of the industry in order to continually increase the awareness and desirability of Fountain Hills as a destination. fountain :hills www.ex enencefb, q4_ hills.b f ................................................................................................................................................. ......... ...�. rg • Quality over Quantity- Numbers and statistics only tell one side of the story. Numbers are hard facts, but the quality of the program is just as valuable. Staff will regularly engage in customer and stakeholder feedback, using it as a temperature gauge for the program and its success rate. I OP �r • 1 fount• www.ex eriencefbt ainhills.b f ain :hills...................................................................................................................................... - • It's All in the Numbers- Success is not defined by a single Success yes or no, by a check list, or by a first place finish. Success Factors and for the Tourism Division is an ongoing sum of all the parts. Statistical analysis, digital metrics, visitor attendance, Measurability increased tax revenue, heads in beds, click thrus, "Likes,", engagements and any number of other measurable bits and pieces will determine the effectiveness of the division. Each of these measurements are brush strokes The Strategic Plan will be reviewed that will paint the picture of tourism in Fountain Hills. annually with a measure of Staff will regularly monitor vital statistics in order to steer achievement on each of the action the program and correct course as needed. This items. information will be included in the semi-annual updates to the Council. • Quality over Quantity- Numbers and statistics only tell one side of the story. Numbers are hard facts, but the quality of the program is just as valuable. Staff will regularly engage in customer and stakeholder feedback, using it as a temperature gauge for the program and its success rate. I OP �r • 1 fount• www.ex eriencefbt ainhills.b f ain :hills...................................................................................................................................... - 2018 - 2020: • Present semi-annual updates to Council and Stakeholders, featuring program highlights, challenges, and new initiatives — ON GOING Timelline • Annual Marketing Plan review, subject to grant funding, co-op opportunities, etc. - ON GOING Here is an update on our progress • Annually review Strategic Plan to ensure vision and relative to our timeline and goals goals continue to meet the needs of the Town of Fountain Hills — ON GOING • Specific to our goals pertaining to marketing, branding, securing grants and grant opportunities and partnerships 2020: • Review Strategic Plan to consider completion of identified goals and future planning. Update the Strategic Plan to reflect changing trends, economics, and other external factors — ON GOING 2021: • Adopt and implement future plan. '8 © (TV ? fount• www.ex eriencefbtainhills.b f ain :hills...................................................................................................................................... 0e, Questions? 131-, C), (Tv * founiaii .................................................................................................................................. ainhills.org i` hills ..................................... www.experiencefb ...iq�- Meeting Date: 10/3!2017 Agenda Type: Consent TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Administration Staff Contact Information: Bevelyn J. Bender, Town Clerk; 480-816-5115; bbender@fh.az.gov Council Goal: Strategic Values: Civic Responsibility C3 Solicit feedback in decision-making REQUEST TO COUNCIL (agenda Language): CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from September 19, 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, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendations) 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: 4"&r9_&� evelyn Bender, Town Clerk 17 Approved: LNUn�� <._ • • Grady E. Miller, T anager 912012017 Page 1 of 1 'VAIN At�� n O 4. r t is x �� . ,�'#SOP Meeting Date: 10/312017 Agenda Type: Consent TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Administration Staff Contact Information: Town Manager, Grady E. Miller; 480-816-5107, gmiller@fh.az.gov Council Goal: Strategic Values: Not Applicable (NA) Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving the +CANCELLATION of the Fountain Hills Town Council meetings for November 7, 2017, as it falls on Election Day, Applicant: NA Applicant Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: Council Rules of Procedure Staff Summary (background): The intent of this agenda item is to provide the public with advance notice of Town Council meeting cancellation for November 7, 2017, as it falls on Election Day. Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs; budget status): Budget Reference (page number): Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recornmendation(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: r Grady E. Miller, T ager 9120/2017 Page 1 of 1 AllyTOWN OF FOUNTAIN HILLS z TOWN COUNCIL \Z� � / AGENDA ACTION FORM O Meeting Date: 10/3/2017 Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Development Services Staff Contact Information: Randy Harrel, Town Engineer; rharrel@fh.az.gov; 480-816-5112 REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving RESOLUTION 2017-36, abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easement located at the rear property line of 15737 East Thistle Drive (fiat 603, Block 2, Lot 6), as recorded in Book 161, Page 41, records of Maricopa County, Arizona. (EA2017-07) Applicant: Susan DeMarco Applicant Contact Information: 15737 E.Thistle Drive; Fountain Hills, AZ 85268; Tele. 480-529-7458 Owner: Same Owner Contact Information: Same Property Location: Same Related Ordinance, Policy or Guiding Principle: NIA Staff Summary (background): This item on the Town Council's agenda is a proposal to abandon the 10' Public Utility and Drainage Easement at the rear property line of 15737 East Thistle Drive (Plat 603, Block 2, Lot 6), as shown in Exhibit "A". All of the public utilities have approved of abandonment of this easement. A 10'x10' Public Utility Easement should additionally be granted by the applicant at the northwesterly corner of this property, for existing and potential future utilty boxes there. Staff has reviewed the site to determine any drainage issues, in addition to the Town's general interest in the easement. There is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that the owners of Lot 6 are required to pass the developed flows generated by the upstream lots across their property. (Note: Although not an issue for this easement abandonment action, if - after recordation of this abandonment - the applicant intends to connect to existing side and/or rear masonry fence(s) to enclose their back yard, they will need to submit approval letter(s) from each applicable adjacent neighbor with their building permit application for that fence connection(s), since the existing adjacent masonry fences appear to lie well across the property lines, fully on the adjacent neighbors' properties.) Risk Analysis (options or alternatives with implications): NIA Fiscal Impact (initial and ongoing costs; budget status): N/A Budget Reference (page number); NIA Page 1 of 2 Funding Source: NA If Multiple Funds utilized, list here: N/A Budgeted; if No, attach Budget Adjustment Form: nip Recommendations) by Board(s) or Commission(s): N/A Staff Recommendation(s): Staff recommends approval of RESOLUTION 2017-36, subject to the following stipulation: * Grant a 10'x10' Public Utility Easement at the northwesterly corner of the lot, for existing and potential future utility boxes. List Attachment(s): Vicinity Map, Aerial Photo Map; Resolution; Exhibit "A" Map SUGGESTED MOTION (for Council use): Move to approve RESOLUTION 2017-36, abandonment of the 10' Public Utility and Drainage Easement at the rear property line of Plat 603, Block 2, Lot 6, with stipulation. Page 2 of 2 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT THISTLE VjICINITY MAP TOWN BOUNDARY Mc17CiV4'ELL,tiIOUi�ITAIN PARK 1 �} .01 �C:I17� r 9AGUlVRO BLVD . r SALT RIVER PIMA PVIAIiiCOI'A INIl1Alt7 COMMUNITY ------- 40�00 NORTH SCALE: 2" = 3500' w I DEVELOPMENT SERVICES AERIAL PHOTO MAP PLAT 603B, BLOCK 2, LOT 6 15737 E THISTLE DR LEGEND: LOTILINE ROW EASEMENT FLOODPLAIN SUBJECT SITE N w IT' E S 0 lov 200' mmm6mm� SCALE I" = 200' AERIAL FLIGHT DATE: Y. w I DEVELOPMENT SERVICES AERIAL PHOTO MAP PLAT 603B, BLOCK 2, LOT 6 15737 E THISTLE DR LEGEND: LOTILINE ROW EASEMENT FLOODPLAIN SUBJECT SITE N w IT' E S 0 lov 200' mmm6mm� SCALE I" = 200' AERIAL FLIGHT DATE: RIESOLUIIION 2017-21EI A RESCILUTION OR THE MAYCIR AND COMMON COUNCIL OF THE IICIWN CIF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INIIEREST III HAS IN THE PUBLIC UTILITY AND DRAINAGE EASENENTSI LOCATE❑ AT THE REAR PROPERTY LINE! CIFI PLAiI 603, BLOCK 2, LOT 6 1157,11 E. THISTLE DRIVE ), AS RECCIRD9❑ IN BCICIK 101, PAGE z1, RECCIRDSI OR MARICOPA COUNTY, ARIZONA. QEA 00.171-071 WHEREASI, 11-e Mayor and Cou riail of tl' El Town oll Fou ntain Hills (i he "flown C au ncil";, as the govENning Lady of real pnagerty laaaied iri the Tawn oll Founiain Hills (*e "Tobin":, may require the cedicaiion of public sineeis, sewer, watEui, cnainagEi, anc oilier utility easements cui righis-of-way within any Flnoplasec su t division; an( WHEREAS, the Tci\Ain Cou nail I -as the auihoniiy io aaceFll on nejeci offlens of dec iaatian of Flnivale grorlEir y t y easement, c eed, su bdivision, plat ar ath an lawfu I means; and WHEREAS, all plreseni ulility aomganies ha%e necEIKed nolificaiiori of the p1roFlasec abanconmeni. NO\A THERERCIRE, BE IT REISIOLVE❑ BY THE MAYOR AND COUNCIL OF THE TOWN OF RCIU NTP IN H ILLS, as lollows: SaCIIION 1. That the aertain Jen foot (110) plublic utility anc crairiage easement, al 'I •a real pnaplerly line of Plai 603, Blaak 2, Loi 6, Founiain Hills, as neconded the Clffiae oll ITe Caunty ReaorcEIn oll MariaaLla Cocnty, Ariaona, Baak 1EI'l of Maps, Page z 1, anc as mane partiau larly c Eisanit ed in Ek hibit A, atiaal• ed hereto anc inaorrlanaied herein by nefanenae, ane henety c eclarec to t e abanc aned bN th El Tawn. Certain lals will - in 11, is suL c i%ision are su t jEiat to loi=la-lot drainage runoff. Tf a Llnoperty cminer is requined io pass 'll -e de%elopec flows generalec ty *e upstream lats across their praplerty. SECTION 2. That this Resolulian isi ane all atandonmenl anc discdairner bN 11- Town salEdy for the Flunpase of rerno%ing any pollenlial aloud an the title to saic pnagerty anc that ITe Tawn in na way allempls io affleci tl1Ei nights oll any p1nivaie party to aPlpose the atandonmeni or asser any night nesulling th ere from an Eixisling Are%ious to ariy acllion Lythe Town. PASSED AN AID OPTED SY the Mayor aric Courioil of the Tovun of Fou ntvin Hills, Clcdoteu 3, 1C1'17. FCIRI THE TCIWN OF RCIU NIIAIIN HILLS: Linda M. Kai anagh, Mayan REVIEWED BILI: Gnac y E. Miller, dawn ManagEin AITTESTEC TO: BevEIIN n � . Benc an, Town ClerN APPROVED AIS'ICI FORM: Anc new J. McGu ire, Tawn AtlornEry TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "All PLAT 603B BLOCK 2 LOT 7 I 10 N iY E s 4 20' 46' SCALE: 1' - 48' DATE: 9--15-17 4/j[ �3 60©0 ©' {yi PROPOSED 10'x10' P.U.E. (BY SEPARATE INSTRUMENT) BLOCK 2 LOT f ABANDON 10' P.U.E. & D.E. p� uQ, 'Y QQ„ i -e i i i ID LAND ICA L- 545 do sip RANDY L HARREL l y J'PIres� 31/ 0 AIN TOWN OF FOUNTAIN HILLS TOWN COUNCIL •� AGENDA ACTION FORM Z/ 1h4f Ism Meeting Date: 10/312017 Agenda Type: Consent Meeting Type: Regular Session Submitting Department: Administration Staff Contact Information: Sonia KukkolalFinancial Services Technician (480)-816-5130 Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): Consideration of approving a LIQUOR LICENSE APPLICATION submitted by Durim Zejneli, Owner of Georgie's Diner LLC DBA Georgie's Diner, located at 13407 N La Montana Drive, Fountain Hills, AZ. This is for a series 12 (Restaurant). Applicant: Durim Zejneli -Owner Applicant Contact Information: 480-361-5375 {Owner: Durim Zejneli Owner Contact Information: 480-361-5375 Property Location: 13407 N La Montana Drive, Fountain Hills, AZ Related Ordinance, Policy or Guiding Principle: R.R.S. §4-201; 4-202; 4-203 & 4-205 and R19-1-102 and R19-1-311. Staff Summary (background): The purpose of this item is to obtain Council's recommendation regarding a liquor license application submitted by Durim Zejneli, Owner of Georgie's Diner LLC, DBA Georgie's Diner for submission to the Arizona Department of Liquor. The application was reviewed by staff for compliance with Town ordinances. Staff recommends approval of this liquor license application as submitted. Risk Analysis (options or alternatives with implications): NIA Fiscal Impact (initial and ongoing costs; budget status): N/A Budget Reference (page number): NIA Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): N/A Staff Recommendation(s): N/A List Attachment(s): Front page of the application and staffs' recommendation SUGGESTED MOTION (for Council use1: Move to approve LIQUOR LICENSE APPLICATION. Page 1 of 2 Prepared hy: k&— Sonia Kuk ola, Financial emces Technician 9/20/2017 Director'�Approval: Ur—aigRudolphyj Finance Director 9/2012017 Approved: Grady E. Miller, Town Manager 9120/2017 Page 2 of 2 08-31-17 10:21 RCVD P05s1-c-0 q -I1-17 DLLC USE ONLY License # (19 Arizona Department of Liquor Licenses and Control L r. : bate Acc pie 800 W Washington Sth Floor Phoenix, A2 85007-2934 4tiQCdifi�4. www.azliquor.gov cslt: �� ✓ Q+rzot;r` (602) 542-5141 - - Application for Liquor License Tvve or Print with Black Ink APPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE) ARE NOT REFUNDABLE A service fee of 525 vrmTl be charged for all dishonored checks (A_R_S. S 44-6852) SECTION 1 Type of License SECTION 2 Type of Ownership ❑J.T.W.R.O.S. []interim Permit ❑Individual QNew License ❑Partnership ❑Person Transfer ❑Corporation ❑Location Transfer (series 6, 7 and 9) ❑✓ Limited Liability Co ❑Probate/ Will Assignment/ Divorce Decree (No Fees) []Club Seasonal []Government ❑Trust ❑Tribe ❑Other (Explain) SECTION 3 Type of license ❑ Add Sampling Privilege for Series 9 and 10 only (Complete Sampling Privilege application) ARS -§4-206.01 (G), (H), (1) & (L) Add Growler privileges (restaurant, series 12, license only. 3410 -foot restriction applies) A.R.S.§4-207(A) & (B) I .Type of License (restaurant, bar etc-): Series 12 2. LICENSE # (if issued): SECTION 4 Applicants 1. Agent's Name: Zejneli Durim Lost Rist Middle 2. Applicant/Licensee Name: Georgie°s Diner LLC 015x413 (ownership name For type of ownership checked on section 1) 3. Business Name (Doing Business As -DBA): Georgie's Dinerr t1:)31co 4, Business Location Address: 13407 N. La Montana Drive (Do not use Po Box) Street Fountain Hills AZ 85265 _Maricopa City state Zip Code County 5. Mailing Address: 13407 N, La Montana Drive Fountain Hills AZ 85265 (All correspondence wal be mailed to thts address) Street city state Up Code 6. Business Phone&go) 3--/ " _5 -3 f 5 ._ Daytime Contact Phone 7. Email Address: 8. Is the Business located within the incorporated limits of the above city or town? FRIYes❑No It you checked no, in what City, Town, County or Tribal/Indian Community is this business located? Deparynent Ude Only Fees: f , .-� )C) IiLl {,a til+ Application Interim Pernalt site Inspeciion Anger Prints Total of All Fees Is Arizona Statement of Citizenship & Alien Status For State Benefits complete? )oYes 11No TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO TO: (as applicable) DATE: 9/19/17 • Streets Division • Fire Department • Building Division • Community Services • Development Services • Law Enforcement • Licensing FR: Sonia Kukkola, Financial Services Technician RE: Liquor License Application Attached is a Liquor License Application for staff review. Review the application, then mark or sign, indicating staff's recommendation for approval (with or without stipulations) or denial. If staff's recommendation is to deny and/or there are stipulations for approval, please attach a memo that specifies the reasoning and the memo will be forwarded on to the Town Council for their consideration of this application. Name of Organization: Georgie's Diner LLC DBA Georgie's Diner, 13407 N La Montana Drive Fountain Hills AZ 85268 Applicant: Durim Zejneli Date(s) of Event: N/A Date Application Received: 08/31/17 STAFF REVIEW AND RECOMMENDATION: Town Council Agenda Date: 10/03/17 Department/Division Staff Member Approved Denied N/A P & Z Marissa Moore x Community Services Corey Povar x Development Services Bola Rodgers x Fire Department Jason Payne x Law Enforcement Capt. Brandimarte X Licensing Sonia Kukkola x Street Department Justin Weldy x Attach reportfor denial or any recommendation requiring stipulations. Meeting Date: 10/3/2017 Agenda Type: Consent TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Administration Staff Contact Information: Sonia Kukkola{Financial Services Technician (484)-816-5136 Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): Consideration of approving a LIQUOR LICENSE APPLICATION submitted by Michael Min Cho Agent of C&H in Arizona, LLC DSA That Guy's Pizza, located at 16948 E Shea Boulevard #104, Fountain. Hills, AZ. This is for a series 12 (Restaurant). Applicant: Michael Min Cho - Agent Applicant Contact Information: 480-816-1356 Owner: Won Sin Cho Owner Contact Information: 480-816-1356 Property Location: 16948 E Shea Boulevard #104, Fountain Hills, AZ Related Ordinance, Policy or Guiding Principle: A.R.S. 4-201; 4-202; 4-203 & 4-205 and R19-1-102 and R 19-1-311. Staff Summary (background): The purpose of this item is to obtain Council's recommendation regarding a liquor license application submitted by Michael Min Cho, Agent of C&H in Arizona, LLC DBA That Guy's Pizza for submission to the Arizona Department of Liquor. The application was reviewed by staff for compliance with Town ordinances. Staff recommends approval of this liquor license application as submitted. Risk Analysis (options or alternatives with implications): N/A Fiscal Impact (initial and ongoing costs; budget status): NIA Budget Reference (page number): NIA Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): NIA Staff Recommendation(s): NIA List Attachment(s): Front page of the application and staffs' recommendation SUGGESTED MOTION ifor council use): Move to approve LIQUOR LICENSE APPLICATION. Page 1 of 2 Prepared by,: n)bqr� kD4k— Sonia Kukkola, Financial Services Technician 9{2412417 Directo 'pApproval* "Uno o�'k'L— raig u o pFinance Dire for 9/2012017 Approvers: Grady E. Miller, Town Manager 9124/2017 Page 2of2 09-11-17 i2:07 Arizona Department of Liquor Licenses and Control M. e Z 800 W Washington 5th Floor Phoenix, Ai 85007-2934 www.azliquor.gov (6[)2J 542-5141 Application for Liquor License Tvoe or Print with Black Info APPLICATION FEE AND INTERIM PERMIT FEES IF APPLICABLE) ARE NOT REFUNDABLE A service Fee of 25 wit be charged for all dishonored checks A.R.S. 4 44•6852 SECTION 1 Type of License SECTION 2Type of Ownership ❑l.T.W.R.0,S. Interim Permit ElIndividual ONew License ElPartnership ❑Person Transfer QCorporation []Location Transfer (series 6, 7 and 9) RLimited Liability Co [_-]Probate/ Will Assignment/ Divorce Decree (No Fees) [/Club Seasonal ElGovernment []Trust ❑Tribe ®ether (Explain) SECTION 3 Type of license ❑ Add Sampling Privilege for Series 9 and 10 only (Complete Sampling Privilege application) A.R.&§4-206.01(0;). (H), (I) & (L) El Add Growler privileges (restaurant, series 12, license only. 304 -foot restriction applies) A.R.S.§4-207(A) & (B) l .Type of License (restaurant, bar etc.): #12 2. LICENSE # (if issued): 120�6 SECTION 4 Applicants 1. Agent's Name; DHC MICHAEL MIN Last First Middte 2. Applicant/Licensee Name: C & H IN ARIZONA, LLC (Ownershtp name for type of ownership checked an section 1) 3. Business Name (Doing Business As -DBA): THAT GUY'S PIZZA 4. Business Location Address: 16948 E. SHEA BLVD #104 (Do not use PO Rax) Street 5. Mailing Address: 16948 E. SHEJA BLVD #104 (01 correspondence will be maited to this address) Street 6. Business Phone: 480-816-1356 7. Email Address FOUNTAIN HILLS AZ 85268 MARIC®PA Ctty State Tip Coale County FOUNTAIN HILLS AZ 85268 City 7 Code Daytime Contact Phone: state 8. Is the Business located within the incorporated limits of the above city or town? [DYes[]No If you checked no, in what City, Town. County or Tribal/Indian Community is this business located? De nt Use Only � f . /� Fees: �] L Application fr6esim Permit to Inspection Finger Prints Total of All Fees Is Arizona Statement of Citizenship & Alien Status for State Benefits complete? Oyes ONO 2/24/2017 page 1 of 5 Inerr✓idualS requiring ADA accommodations please call 16021542-9027 TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO TO: (as applicable) • Streets Division • Fire Department • Building Division • Community Services • Development Services • Law Enforcement • Licensing FR: Sonia Kukkola, Financial Services. Technician DATE: 9/19/17 RE: Liquor License Application Attached is a Liquor License Application for staff review. Review the application, then mark or sign, indicating staff's recommendation for approval (with or without stipulations) or denial. If staff's recommendation is to deny and/or there are stipulations for approval, please attach a memo that specifies the reasoning and the memo will be forwarded on to the Town Council for their consideration of this application. Name of Organization: C&H in Arizona, LLC DBA That guy's Pizza,16948 E. Shea Blvd #104 Fountain Hills AZ SS268 Applicant: Michael Min Cho Date(s) of Event: N/A Date Application Received: 09/11/17 STAFF REVIEW AND RECOMMENDATION: Town Council Agenda Date: 10/03/17 Department/Division Staff Member Approved Denied N/A P & 2 Marissa Moore x Community Services Corey Povar x Development Services Bob Rodgers x Fire Department Jason Payne x Law Enforcement Capt. Brandimarte X Licensing Sonia Kukkola X Street Department Justin Weldy x Attach report for denial or any recommendation requiring stipulations. 1AINt TOWN OF FOUNTAIN HILLS TOWN COUNCIL \Z� .-AGENDA ACTION FORM t Meeting Date: 101312017 Meeting Type: Regular Session Agenda Type: Consent Submitting department: Community Services Staff Contact Information: Mike Fenzel, Community Center Manager, (480) 816-5116, mfenzel fh,az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Fountain Hills Republican Club (Tait Elkie) picnic to be held in the Grand Ballroom of the Fountain Hills Community Center, I3001 N. La Montana Drive, Fountain Hills, AZ from 2:00 PM to 8:30 PM on Saturday, October 21, 2017. Applicant: Fountain Hills Republican Club Applicant Contact Information: Owner: NIA Owner Contact Information: NIA Property Location: Fountain Hills Community Center, 13001 N. La Montana Drive, Fountain Hills, AZ Related Ordinance, Policy or Guiding Principle: A.R.S.§4.*203.02; 4-261 and R19-1-228, R19-1-235, and R19-1-309, Community Center Operating Policy (Section 15-G). Staff Summary (background): The purpose of this item is to obtain Council's recommendation regarding the special event liquor license application submitted by Tait Elkie, representing the Fountain Hills Republican Club, for submission to the Arizona Department of Liquor. Security will be provided for the duration of the event through MCS© per Community Center operating policy (Section 16-E). Risk Analysis (options or alternatives with implications): NIA Fiscal Impact (initial and ongoing costs; budget status): Budget Reference (page number): Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): NIA Staff Recommendation(s): Approve List Attachment(s): Application SUGGESTED MOTION (for council use): Move to approve the Consent Agenda. Page 1 of 2 Rachael-Uo—odwin, CommunItV bervices Director ---9 1-9/2017 A2proved: Grady E. Mire Manager 9/2012017 Page 2 of 2 USE on 11 F /lElnc : IMPORTANT INFORMATION: This docu m enit rr a st be fully corn Ii e c oii ii will be Ilei u rrle d. The Department of liquor Liclemes and Cortical rrlust receive this arlplicicltiori tern ji business days Flrioll io the event. If the speclial evens will be held at a Iodation willhout a Flermarienit liqucm license on if the evenit mill be or any Flortion of a location Thal is not acrveued by the existing licluor license, this application muss to appuovec by the loclal gclvennn i tefclne submission to the Department cd liquor Licenses avid Clonluol (see Slectian U11]. !IECTION 1 NarrlEl of Cinganizaiiorr. FC UNTAIN HILLS RBRUBLICAN CLL B !IECTION 21 Nan-Flrc ii/IR51 Tax Derrlpi t L mbeu: PIR12IONA N ON-FIRORIT CORP IORAl11ON/86-0AE1639 !IECTION 3 Th e ollganizaiion is a: (check one boA c1r11y) ❑C 1-cmiiable011naIEmrlal (mL 51 r ave nEIgL lcm merrlbElnsl' ip crit I- ci been in e>isience fcm ov en fivEI (5) years) ❑RElligious ❑Civic (9cliary, C011EIgEI 9cholai& iFl) ❑Hcilitiaal Flarly, BallcIi Maci cm Campaign Committee SECTION 4 Will tl' is evEi be I-eld on a CIL rrerliI) liclensed premise anc vA i1P in the alueacy appnci gnemisas?❑YEIs El` Cl N ame of I usiness License N umt en Phone (ina Jude Alrea Code) !IECTION 3 low is tl' is special eN Elni going to coi Cli till cispensirlg, senrirlg, and selling al spiuitL aus IigL ci Blease nElad R -1A- 31 EI fou exFlIcinaiicin (look in special ev erlt planning gL, ide) and check one of the fallowing boy es. ❑FlIacEI IiCIElnlse in rlClrl-L se ❑E ispei arid SEi all sgiriluoL s liquoils under neiaileu's IiaElrlse 8 Ellis pensEl arid SEi all s clirii uoL s liquous undeu 5 pecial e\ Elnt ❑9Fllit puerrli5e It etwaen special evEi and nEliail locaiian ill nicrl u sinig ueiail Iiceln e1, su t mit a lets all of agueerrlent 1i it a acler blow net al th a licleriselc p1 emis a io su seer id ihel licelnsel dL incl th e eluerii. Ill ill e special e% err is orly using a Flor for of puemise, aclertAownelr will riecd io SLspelnc thctl Flartiari allhel Fl annh a.1 SECTION 4I Wrcli is lPe gL.rFlclse a111 -is eNElrlt? MCIrmitEl consumgiiorl 1101f-siie (aucliion) 119otr !IECTION a t aclatiarl cls II- a Ev Eint: FOU N -MIN F ILL SI COMMUNITY CBNTBR Address al Location: 13001 N. La Moritaria Di Fournlain Hills, NaricclFld, A2185268 Sheet Cih1 ciaLli State Zp IIECTION El \A ill chis It a stacked v`itl- a wine lesil% aI)Ic alt disiillen fElstival? ❑`res W a !IECTION SI Applicant mL.si bEI a merrlben of 11-e gL.alifyincl onganizaiion and aL.tl' clnizec by art Cllflceu, Diuectan ou Chaiuclerson of the Ouganizaiiarl namElc in SEi 1. (Au ihoiizing sigrlaiwe is uagL.iuElc in Secliion 13.) 1.Applicani: BLKIE, TAIT DAN IBL 0� I oat Fins Middle Data of E irth 2. Applicant's mailing addrEi P.O. ECX 17814, FC UNIIAIf HILLS, A2 85269 street ON State 3. Applicant's 1- cirri e/cell phone • _ A pplicani's It L.5iness phone: (� Elcl ) 626-7C 7C 4. Apcllicarrl's Elmail ac dress: -nait@FlclunlairiHillsLawFirm.cc m El, 113,12015 Page 1 of 4 Incivic uals uecluining AI❑AI aceorrrmocalloni call (602)542-9CI27. Zip SECTION 10 1. 1-m the aciclliclarii tElElri aarivicIEld of a felony, on I -ac a Iigcan IicenJE111Eivokec within tl-a Iasi five (.) yeans? ❑Y es [Z]No (if yes, aflaci explanafiori.) 2. How morly speclial ElNenI IicerilEll 1 -ave t EIEm isILed I 1his location 11 -is year? 1 IlThe nurribem cannai exceec 12 evens! qem yeiar, excaoicins uncem A.R.S. §4-203.02113).) 3. Is tl- Ell oiiganizaiiori using ire services of a pnorriclier oil oirer person io mariage the eN erli? ❑i'et Ela 1111 yeis, at ach ci ccigy allhei aglneierrieni.) z. List all people anc onganizaiions wr a will iiecieive tl- EI prcmElElds. ACICICII rli fon 100% of it EI pnoceeds. Tr EI onganization apcllying musi neceiN a SIS% of the gnoss neverlc Els oil the special Elvent liquoiIsales. Atiaal- an adc iiional pagEl if necessary. Name Fountain Hills Republican Club fleiiaentage: 100% Ac c ness P.O. Bo) 17814, Fou retain H ills, AZ 85269 Sheed Clify Slale Zip NarrlEl 9Euiceniage: Addnels Sheet My Slale Zip 5. Illease read A. 4.3. § 4-203.021 Special Elvent IicerisEl; Ides aric 919-1-210EI RealinemenIs ilor a Special Event License. N ole: ALL AICOF C LIC 9EVERA GE SALES NIII SIT 9E FOR CONSLMI'll AT TF E ENIENT SIITE ONLII. O ALCOF OLIC BBVBRAGHS SHALL L9AVB SP9C IAI 9V9N11 l NLHS3 71HE1 A99 IN ALC TION �IBAL9a CONIIAINBR�I OR 111- B S99CIAL BVBN71 LIC 9NSB IS S71AC K BCI W 171H \A INE /CRAFII CIIS711LLBRY F9S711VAL LIC9N9B" t . Wr cli i} clEI oll seacriiy and ciclrltiiol measunes will yoL take io cine\ Elrii violaliclns cif ligcor laws at 11 -is eveni? ll isi typle anc numt en cif ploiice,l! ecuniN gemsanneil and IN qei all ienc ing a i cans ial t amims, it applll(abler.) 0 -NL mben cif Aolice 2 Ncmben cif SEICII niiy Reu5orinel ❑FElnciricl ❑9annieis Explariaiiorl: Elvent %Aill tEl lielc indaans in lhEi dallraorris #cl ac n #4 (ElEie Aita(ihec) anc an tl-e claiec plalio of the Fauntain Hills Community Center. Secu riVy persarinel will marlilloil 11`0 exits ila prevent anyone 11nom IElahing with alclol'al. lll-El Commu riity Center ac rens is 13001 N. La Marilana CIr1., FOL Main I- ills, A2 85268. SECTIC N 11 DalEl(s) aric HOL [IS of E\ Elrit. N ay not exceed 1 CI cianseaL ii\ e c ays. SEM A.R.S. § 4-2z 4 (15) uric j17) fon legal houns of service. Dafe Dcry cif Week DAY 1: 110121 /LIC 171 Seri u rd ely DAY 2: DAY 3: DAY 4: DAY 5: DA) t: DA) 7: DA) fl: DA) 51: DAY 1 CI: Eveirit Star Time AM/PM 2:00 P.M. EI/13/12015 Pa(lei 7 cif 4 Inc Nicual! neiquising AD/1 aacammcdaticim call li C]2)542-9027. I iaenise End Time AM/PM 8:21IC p.m. SECTION 12 License premises diagram. The licensed premises for your special event is the area in which you are authorized fo sell, dispense or serve alcoholic beverages under the provisions of your license. The following space is to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades, or other control measures and security position. 8/13/2015 Page 3 of 4 Individuals requiring ADA accommodations call I6021542-9027. SENIOR NET 735 SF NAVAIO RM 735 SF d HOPI RM 942 SF PIMA RM 942 SF SENIOR SERVICES OFFICE 1,030 SF MAIN ENTRANCE NORTH ART RM 1145 SF FYAVAPAI RM SF SOUTH 'J VrT7r= s STORAGE 1145 SF El STORAGE UIL_3 }KITCHEN SERVICE HALL 1,064 SF L. I 0 \ C BALLROOM 2 BALLROOM 3 1,798 SF 1,816 SF f BALLROOM 1 1,793 SF BALLROOM 4 1,830 SF GLASS HALL s 0 i EAST SECTION 13 To be completed only by an Officer, Director or Chairperson of the organization named in Section 1. TAIT D. ELKIE declare that I am an OFFICER, DIRECTOR, or CHAIRPERSON (Print Full Name) appointing the applicant listed in Section 9, to apply on behalf of the foregoing organization for a Special Event LlquorLicenses f% (Signature) itlej Position Date Phone # The foregoing instrument was acknowledged before me this '2Z) f Day Month Year State-�z{r�r County of llb.vi C � (. MARGIE S. BROWN NOTARY PUBLIC - A9IZOt.. My Commission Expires on: � 1q MARICOPA E iY Date Signature of Notary y ommis i 1 E%pirNS January 24 201 rt SECTION 14 This section is to be completed only by the applicant named in Section 9. TAIT D. ELKIE declare that I am the APPLICANT filing this application as (Print Full Name) listed in Section 9. 1 have read the application and the contents and all statements are true, correct and complete x MMI ignature} THIe/ Position Dale Phone # The foregoing instrument was acknowledged before me this "�3AOL��t'24 /,-/ State >�K�-u tr County of �v"lt v1 °ay Month - Year _ �t„} sr,, MARGIE S. Bb M Commission Expires on; GC�J � �` NOTARY PUBLIC - l� Y !� ! i- I1= OL17 Dote Signature of Not My Ommission E p 24,2C 9 Please contact the local governing board for additional application requirements and submission deadlines. Additional licensing fees may also be required before approval may be granted. For more information, please contact your local jurisdiction; hftg;llwww.azliguor.aovlassets/documentslhomer)aae docs.Zsoec event links Qdf. SECTION 15 Local Governing Body Approval Section 1 recommend ❑APPROVAL ❑ DISAPPROVAL (Government Official) (TiNe) on behalf of (City, Town, County) Signature Date Phone FOR DEPARTMENT OF LIQUOR LICENSES AND CONTROL USE ONLY ❑APPROVAL ❑ DISAPPROVAL BY: DATE: A.R.S. § 41-7030, invalidity of rules not made according to this chapter: prohibited agency action: prohibited acts by state employees: enforcement; notice B. An agency shall not base a licensing decision in whale or in part on a licensing requirement or condition that is not specifically authorized by statute, rule or state tribal gaming compact, A general grant of authority in statute does not constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition. D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. THE COURT MAY AWARD REASONABLE ATTORNEY FEES, DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION. E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY. F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12-820.01 OR 12-820.02. 8/13/2015 Page 4 Of 4 Individuals requiring ADA accommodations call (602)542-9027. 'V10 AIN l� TOWN OF FOUNTAIN HILLS 4 n TOWN COUNCIL •- AGENDA ACTION FORM Phar is (+�'� Meeting Date: 101312017 Meeting Type: Regular Session Agenda Type; Consent Submitting Department: Community Services Staff Contact Information; Mike Fenzel, Community Center Manager, (480) 816-5116, mfenzel@fh.az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF approving a SPECIAL. EVENT LIQUOR LICENSE APPLICATION for the Fountain Bills Sister Cities Corporation (Carol Carroll) dinner to be held in the Grand Ballroom of the Fountain Hills. Con-imunity Center, 13001 N. La Montana Drive, Fountain Hills, AZ from 6:30 PM to 10;00 PM on Saturday, January 13, 2018. Applicant: Fountain Hills Sister Cities Corporation Applicant Contact Information: • - Owner: NIA Owner Contact Information: NIA Property Location: Fountain Hills Community Center, 13001 N. La Montana Drive, Fountain Hills, AZ Related Ordinance, Policy or Guiding Principle: A.R.S.§4-203.02; 4-261 and R19-1-228, R19-1-235, and R19-1-309, Community Center Operating Policy (Section 15-G). Staff Summary (background): The purpose of this item is to obtain Council's recommendation regarding the special event liquor license application submitted by Carol Carroll, representing the Fountain Hills Sister Cities Corporation, for submission to the Arizona Department of Liquor. Security will be provided for the duration of the event through MCSO per Community Center operating policy (Section 16-E). Risk Analysis (options or alternatives with implications): NIA Fiscal Impact (initial and ongoing costs; budget status): Budget Reference (page number): Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA. Recommendation(s) by Board(s) or Commission(s): N/A Staff Recommendation(s): Approve List Attachment(s): Application SUGGESTED MOTION (for Council use): Move to approve the Consent Agenda Page 1 o6 2 Rachael Goodwin, Gommun a ices Director 9/19/2017 Approved: rady E. Miller,"%nager 9/2012011 Page 2 erg Arizona Department of Liquor Licenses and Control 800 W Washington Sth Floor Phoenix, AI 85007-2934 www.azliquar.gov (602)542-5141 APPLICATION FOR SPECIAL EVENT LICENSE Fee= $25.00 per day for 1-10 bays (consecutive) Cash Checks or Money Orders Only Event Date[s): Event time stortlend: CSR. license: A service fee of $25.00 will be charged for all dishonored checks (A.R.S § 44-6852) IMPORTANT INFORMATION: This document must be fully completed or it will be returned. The Department of Liquor Licenses and Control must receive this application ten (10) business days prior to the event, if the special event will be held at a location without a permanent liquor license or if the event will be on any portion of a location that is not covered by the existing liquor license, this application must be approved by the local government before submission to the Department of Liquor Licenses and Control (see Section 12). SECTION 1 dame of organization: Fountain Hills Sister Cities Corporation Name of Licensed Contractor (if any): (Please complete if anyone other than the organization is receiving profits or assisting in the managing of the event) SECTION 2 Non-Profit/IRS Tax Exempt Number: 36-4607067 SECTION Event Location: Fountain Hills Community Center, a Town owned facility Event Address: 13001 N. La Montana, Fountain Hills, AZ 85288 SECTIQN 4 Applicant must be a member of the qualifying organization and authorized by an Officer, Director, or Chairperson of the organization. 1. Applicant: Carroll Carol J. Last First Mlme Date of Birth 2. Applicant's mailing addressIliffrem.E. Jericho Drive, Fountain Hills, AZ 85268 _ CRY state 21p 3. Applicant's homelcell phone: Applicant's business phone: () NIA 4. Applicant's email address: I. (Print Pull Narne) arol I Carroll declare that I am the APPLICANT riling this application as fisted above. I have read the application and the contents and all statements are true, correct and complete. 7- sigp6lure TtBej Posifion D 'fe }+ The foregoing instrument was acknowledged before me this ��U" '" 0 day Month Year State rcz o County of G "L RACHELLE E MARFrat)t�V[rtary i -Stats My Commission Expires on: � L ,,.M,.`�C ate SigndfurdAjof Notary Fu4cNQrveoF $pptember 27 8/22/2017 Page f of 5 Individuals requiring ADA accommodations call (602)542-2999 SECTIOU Reiganc incl the Applicarii's aclplication for a SPIElaial everit Flenmii, I h eneby cElr ify tH a Ire Cinganization rrieets ih e cdierie in A.H.SI.14-JC13.0J(8) 'Ian the issuarice of the parrrniii a9 indicciiec by checking ciriEl oil 1 he boy es k elow. (1) ❑ The Appliecirii i9 a FloliiicaI par y on a ccirripciign cammiitee su Flporting a eenididaie lion qL blit ofilice. Please indicia le Ih e name of the carididaie ihai the Appiliciarrl su ppors, the oi-licie Ihcii ihEl carididate seeks, and We rrionIh and yean that the applicarii wau Id finst 'lill the office A successful. Caric idate: Name C filae Mand M /yerc i (�',I) 0 Th e Applicarii is a riori-profit eritFly orrgariized iri Aniaonia, or pursuarii io the laws oil arioiher slclie Ih cii is eligible for desidrialiori as a nonprolit Elriiity a rider Sleciion 501(C) of th e internal raveriue code of ih e Unified Siaies. If th e Applicarii is cipplying u riders opliori (2) as a rioniprofit entity, pleasie also Ih MAIL in the space provided rexi to all iloilowinia stalemenH to indicate th a1, tcl the best of the applicaril's kricimledae they cure tele and acirreicd The ApFllieani has received a deiermiriaiiori leiter -Inomi ih a Inlennal Revenue Service ("IAS") indieaiirig ih ai ii is eligik le Iciii desiclnialiori as a rioriplrrofii eniiity under Sleciiori 101(C ), eligik iliiy or will L e eligible on all days th al I h EI special evenii will occur, ani has a peniding appliciciiiciri wish the IRS for such trea l rrient th al has not beeni resolved LO th al will reiroaciively eov en all days that th e sclaeial ev erit will occurs. (Please provide a copy of eith en the INS determination leder cin the c pplicaiicin [v�iihout atlachmeriis] with this application). The Appilicianii is nol awane cif ariy actiori by th e IH,1l 'Io rev tike, su spend, or olh ervvise elirriinate the Appilicani's eligiL ility unider 5CI1(CI), or it 1 h ene is a cleriding applicaiiori, 'I h e Applicarii has not received aniy indication ih cii ih e IRS will deny its application aric has a good faith basis iormiec upari a neasoriable iriCiL iryinici IRS negulations, guidelines, and iormis Thai it is eligible u ric en 5C 1(CI). The Applicant u ric enstands Thai if th ene is a ah ange in cireu rrisianices after cornipleiind ih is fonrni Thai miay cause on has eau sed it io IasEi fila eligibility u rider 101 (C), wheth en before on a her receiv irig an IRS c eieniniinaiion leiter, th at ii has ari alfirrrialiN e duty ici notify ih e Depar rrierit of tiqu on, which may then take apipnopriate aciian Wil- regard iihregard to the loss oil eligibilily. to be ciampleteic tinily by ani Offlcier, Diieietcir, of Chairplerson oithe oiganiizatcin. I, (Pdnl Fun Name) ChriStinEl 0. CC Heys declare Mai I cirri ani Offlaer, Direcrton, or Chairperson of the tion filing th is apglicaiion as listed above. I have neat the a pipilica lion and the aanIarits cirid all s I ciierrieniis ane irue, c t cmc c mpleie. Redact x S d���' �i1�► Srgnatwei TdreV Position Oate one um er S tl lh a fcmecloirig imsinumenii was ackniov� ledged L efcme me I is 4 Cm e -22-0 [layonth Yeias Slate r�Z - Countyof At, 'd FOCHEULB BAUES Nome pd* • SWe c kizoni MAF !C OFAI CIOI N TY My Ccmmitsioni F�1girEls on: til OV C C.CImmis WElxpims da i Sig ature anN d Notary I ub 6. SECTION Will ihis everii be held on a curremily licensed prerriise and within Ih e already approv Elc prerriisesq[:HEls EHcr (if y es, Local Governing 9ody Signatune riot nequ ired) Name <d 1 us a es s License N umid s u 8,122,12017 Paclei 2 of 5 Irdi-viduall nerquirincl ADA aecommoc aiianj call (602)542-x999 1 F one (Include Area Code) SECTION 7 h ow is chis special evens going to conduct all dispersing, seirvirg, and selling cif spirituous liqu orsM Pleases nead R-151- ;Ilfl for explanation and & ec k one of th a lollowing bo)es. 'lace licensee in nor -use Eldisperlse and serva all spirituou s lig u ors under netailen's licensee Ddisperlse and sarua all spi(tLlou s lit u ars under special ever 1 [3plit premise between special evens and raiail loccllion (IA U AIG RETiAIL LICEWSUX ALEASEI SIURMITA LEMM OF A GIREEMIENII IIROM THE AGEINT/C WNBR OFI THE LIC EINSIED PREMISIEIS TO SIUSIPOND CIR RU N C OMC URIRDNT WTIH THS PHM IA NEW L,ICEIAISEI DU RIAIGI THE EVEN]. IF THEI SIPHIC IA L EVEINT ISI ONLY L SING A P10 RTIC IN OF THEI PREM ISMI. A GEINTj OWNER Will l NEIED TC SUSIFIEN01 THA T PO RTIC Al C f THS PAEMLSIES.) SECTION 8 w hat is tF a purplose of th is ee�ent4I Don -site corlsumpiion ]Off-siia (au ceiion/wine/distilled spidis Klu 111 OBoi1- SECTION 9I 1. Has i l- ee appiliceani beer) ceor N icli ed of a felony, on had a liquor license revoked w ii hin the Iasi fire 115) y car? QYes plNo pf vets, at aah axplanat un.i 2. How m ar y special event days I - a -v a been issued to tF is organization c L ding 1 he calendar y ecerl? (Ther number can nct exceed 10 c ay s perry earn) 3. Is the organization using il-e services of a prorraier or other person to rT anagee th a sale oil service of alceo[ol'slOYes ONO 1111 yes, muss be a Iiceinsed ciandractar or licensee of selrlels 6, 7, 11, of 12] List all people and arlgar izaiior s wh a will 11ec ei-v e 1 he PInoceeeds. Accor. rIt foil 100% of the proceeds. Tl a onganizatiorl appllying muss neceive MI5% of th a gross ralloer Cres oll the special ever 1 liquor sales. Atic char addiliorlal page if necessary. Name Rouniairl Hills Sisler Cities Cculpculaticn Rancerltaga: 1C0%I Addreess P.0 . Box 19128131, Raluntelirl Hills, A2 8,12E SI Name A cidness Sirecd 0 Perceeni age: Ste' a rip Please neat ALR4. § 4-2CI3.02 Special evenii liceense: rules and R' 9-1-205 Requirements fon a ;Ipecial livenl license. Note: AILL AMOK LIC IBYBRAGE SAL9SI MUS1 BB FC) R CO MIL MR11ON Al THE EYENI SlIE ONLY. 5. What fyjple of security and control measures will you take to prevent violations of liquan laws at th is e\ erli$ 11.1si type crit number cd plolic ie/secu My perscrnniel and h pie cif Ieinaenfl or control k ordeir. , ie aplplicabler.) Nu tuber of Police Nu mban al Security) Personnel fencing aarriarls EAplanation: Sec urily will be provided by tiff-cut9 polices clfficeirsi 8/.251151(117 Page 3 oil 5 Indivic uals reqs irinig p CA aacammoc atiam9 call (602):142-2999 SECTION 10 Dates and Hours of Event. Days must be consecutive but may not exceed 10 consecutive days. See A.R.S. § 4-244(15) and (17) for legal hours of service. PLEASE FILL ®UTA SEPARATE APPLICATION FOR EACH "NON-CONSECUTIVE" DAY Date Day of Week DAY 1: 1/13/2018 Saturday DAY 2: DAY 3: DAY 4: DAY S: DAY 6: DAY 7: DAY 8: DAY 9: DAY 10: Event Start Time AM/PM 6:30 p.m. License End rime AM/PM 10:00 P.M. SECTION 11 License premises diagram. The licensed premises for your special event is the area in which you are authorized to sell, dispense or serve alcoholic beverages under the provisions of your license. 'Please attach a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades, or other control measures and security position. ATTACH DIAGRAM 8/22/2017 Page 4 of 5 Individuals requiring ADA accommodations call (602)542-2999 SPECIAL. EVENT LICENSED PREMISES DIAGRAM (This diagram must be completed with this applicatlon) Special Event Diagram: {Show dimensions, serving areas, and label type of enclosure and security positions. NOTE: Show nearest cross streets, highway, or road if location doesnl have an address. 5t+rar}�et r .ra a cartcd pax" Area Y1!el*.9 P.Mm a � ,Lin RD=i � �Afafi4,i2a�am 't. � TaRlte SlaraQe i�° wlt}pi 4eeti+q Ranm i r Q '1CitClf[n S",'e No:, Cr n � � PWA Wte'.:rq Recm YC7C Ci U"Un g Room FIN GO&*= s � 9esarban 3 � "L �► " Sem ar Serraes q ;Large Siadqr- yl i r mi 1 m C WC r -a Win rvwna< j lobby 1 sov:� Cen',ce CCt"lj.ra fs'C'J w .,- L -s v v G'W= max l } Ct?4+FuMITY CEN LR Fountain Hills Community Center, 13001 N. LaMontana, Fountain Hills, AZ. Liquor service will be in Ballroom 1, Z, 3, or 4 as designated by the Community Center staff. Security will be posted in the lobby of the Community Center. Pleases contact file lac al goy erring d card for c c c ifian al applic ailonl relquirelmelnfal and submisslon deadlln els. Addn ional licensing Aegis may aba be reg, a fired belblle cppraval rrlay bel granted. Aon move Information, please coniac i your be al ,junisdictron. SECTION 112 lac al Govemina Bodv Approval Section. Date ReceN ec : 1, relaammer d ❑A PR ROVA I ❑ Did AR F ROVAL iGavernrnent Off ciall (Title) Cln bell all o1 (alty,1cwn, County] Signahme Ddei Phanei I j ❑APRFOVAL ❑DISAPRFOVAL BY: DA TO: )I A.H.S. 141-1(13(1. Inlvalidi_ty of pules not made ac tort inla to th is ct aplen: pnahib)ted agent v ac tions; vrot it lied acts by slate employees; enlouc ement: notice B. An adElrcy sll all nos base a liter lirlg decisior it w11 olel or in I`lar on a licenlirg nequirEirnerlt on aonditior that is not speailically a0honized by stagie, Hule on state tribal claming aorriplacl. A genenal giont al actllority in 9latcte cael9 riot con 91itLte c basis fan imposir g a liclansir g rEigL inemeni on conic ii ion L nless a rule i9 made punsuar 1 la th c t cler erc I grc rlt of outs-ority that spec ilically aL t1l orizes tf e nequinement on cionditionl. D. TF IS �BCTICIN MAY BE Bl` FOFICED IN A RRIIVATU CIVIL ACTICIN AND RULIBF MAl' BB A"ARIDBD ACIAINSTTF B STA TO. THE CCILFT MAY AWARE RBASONABIB ATTCIF�BY FBBS, DANAGUS AND ALI FBBS ASSCICIATBEI WITF THU LICBNSB ARPLICIATION TO ARA RTY THAT PREVAIL', IN AN ACTION AGAINST THB STATE FOR A VICIIATION CIF THIS SUCTION. B. A STATE UIvR[CIYUB MAY SOT INTBNTICI�ALLY CIF KNOWINGLY VICILATU THIS SECTICIN. A VIOLATION OF TFIS BC IICIN IS C AU 9U FOP DISCIPLINARY ACTION CIR DISMISISA L RL RSL ANT TCI 1F B AGB C 1''S A DCIRTUD PUR3Ols NUL RCI[ ICY. H. TH IS SECTIC N DC ES NCT ABRC GpIIE TF 9 IM tv UP ITY PRC VIDED Bl SECTICIN ]2-820.01 CIR 12-820.02. 8 I22/2CI17 Pac a 9 al 'I Inc IN idu c Is pec uiring ADA ac c ommadalions call (602)fl� 2-2999 tS 1AIN r TOWN OF FOUNTAIN HILLS z r, TOWN COUNCIL mw. AGENDA ACTION FORM Meeting Date: 1013/2017 Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Community Services Staff Contact Information: Corey Povar, Recreation Manager, 480-816-5170, cpovar@fh.az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Kiwanis Club of Sunset Fountain Hills (Margaret Ziefert) for the promotion, a fund raiser to be held along the Avenue of the Fountains, in conjunction with the Fountain Hills Art and Wine Affaire, from 10:00 AM to 5:00 PM daily, from Friday, March 23 through Sunday, March 25, 2018 Applicant: Margaret Ziefert Applicant Contact Information: - - • Owner: Margaret Ziefert, The Kiwanis Club of Sunset, Fountain Hills Owner Contact Information: IIIIIIIWMIIIIIII Property Location: Avenue of the Fountains, Fountain Hills, AZ Related Ordinance, Policy or Guiding Principle: A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, 819-1- 235, and R19-1-309 Staff Summary (background): The purpose of this item is to obtain Council's approval regarding the special event liquor license application submitted by Margaret Ziefert representing the Kiwanis Club of Sunset Fountain Hills, for submission to the Arizona Department of Liquor. The special event liquor license application was reviewed by staff for compliance with Town ordinances and staff unanimously recommends approval of this special event liquor license application as submitted. Risk Analysis (options or alternatives with implications): NIA Fiscal Impact (initial and ongoing costs; budget status): NIA Budget Reference (page number): NIA Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commissions): NIA Staff Recommendation(s): Approve List Attachment(s): Applicaitons SUGGESTED MOTION (for council use): Move to approve the Special Event Liquor License as presented. Page 1 of 2 Prepared by: Corey Povar, Recreation Manager 2017 Director's Approval: Rachael Goodwin, Community S ery Ices Director 9111/2017 App ved: T Grady E. Miller, o a ger 9/11/2017 Page 2 ort TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO TO: (as applicable) DATE: 10/24/15 • Streets Division Denied • Fire Department Building Safety • Building Division • Community Services X • Development Services Corey Povar • Law Enforcement • Licensing Development Services FR: Corey Povar, RE: Liquor License Application Recreation Manager Attached is a Liquor License Application for staff review. Review the application, then sign, indicating staff's recommendation for approval (with or without stipulations) or denial. If staff's recommendation is to deny and/or there are stipulations for approval, please attach a memo that specifies the reasoning and the memo will be forwarded on to the Town Council for their consideration of this application. Name of Organization: Sunset Kiwanis Applicant: Margaret Ziefert Date(s) of Event: March 23-25, 2018 Date Application Received: 8/3,117 Town Council Agenda Date: 10/3/2017 STAFF REVIEW AND RECOMMENDATION: Department/Division Staff Member Approved Denied N/A Building Safety Peter Johnson X Community Services Corey Povar x Development Services Bob Rodgers Fire Department Jason Payne x 006-k Law Enforcement Mark Fisher �J( Licensing Sonia Kukkola X h Street Department Justin Weldy(kw. 4j Attach report for denial or any recommendation requiring stipulations. 08-03-17 12� 18 RCVi.] Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix, AI 85007-2934 www.azliquor.gov (602) 542-5141 Event Date(s): Event Erne APPLICATION FOR SPECIAL EVENT LiCENSE Fee= $25.00 per clay for 1-10 days (consecutive) tL, (� Cash Checks or Money Orders Only , A service fee- of $25.00 will be charged for all dishonored checks (A.R.S. § 44-6852) IMPORTANT INFORMATION: This document must be fully completed or it will be returned. The Deportment of Liquor Licenses and Control must receive this application ten (10) business days prior to the event. 0 the special event will be held at a location without a permanent liquor license or iF the event will be on any portion of a location that Is not covered by the existing liquor license, this application must be approved by the local government before submission to the Department of Liquor Licenses and Control (see Section 15). SECTION 1 Name of Organization: b 1 WC,- � -- � � u � C3 � J c.1 rt s e t SECTION 2 Non-Profit/IRS Tax Exempt Number: (3-6 Q ? q /-/ �, 3 -:5 - SECTION 3 The organization is a: (check one box only) 2Charitable❑Fratemal (must have regular membership and have been in existence for over five (5) years) ❑Religious ❑Civic (Rotary, College Scholarship) ❑Political Party, Ballot Measure or Campaign Committee SECTION 4 Will this event be held on a currently licensed premise and within the already approved premises?❑Yes X}No Name of Business Ucense Number Phone anclude Area Code) SECTION 5 How is this special event going to conduct all dispensing, serving, and selling of spirituous liquors? Please read 8-19- 318 for explanation (look in special event planning guide) and check one of the Following boxes. ❑Place license in non-use EID;spense and serve all spirituous liquors under retailer's license ®Dispense and serve all spirituous liquors under special event []Split premise between special event and retail location Of NOT USING RETAIL LICENSE SUBMIT A LETTER OF AGREEMENT FROM THE AGENT/OWNER OF THE LICENSED PREMISE TO SUSPEND THE LICENSE DURING THE EVENT. IF THE SPECIAL EVENT IS ONLY USiNG A PORTION OF PREMISZ AGENT/OWNER WILL NEED TO SUSPEND THAT PORTION OF THE PREMISE.) SECTION 6 What is the purpose of this eventg ®On-site consumption ❑Of site (auction) ❑Bath r' SECTION 7 Location of the Event: 40 U -4'-(,i A 14, 1Is; Address of LocationA Ile A uc 0 - rj � ',� � t L _ 7_ _'.3-5-26S . Street CHY couNm stale Tip SECTION 8 Will this be stacked with a wine festival/craft distiller festival? ❑Yes X]No SECTION 9 Applicant must be a member of the qualifying organization and authorized by an Officer, Director or Chairperson of the Organization named in Section 1. (Authorizing signature is required in Section 13.) 1. Applicant: _ I P__� CL /-I- f ' - • . last T ( 1 MUddie { Dole of Blrth 2. Applicant's mailing address: • - • . f Ci r, [ ri rt_u' _- 1+ iQLLAk A 0 � /1S � 7- 5.� � �' • . 'Cfty stale zip 3. Applicant's home/cell phone: Applicant's business phone: (�} 4. Applicant's email address: -S Uy SRTS --A o Q. Corn _ -- 41l !'7f114 ❑--- 1 of A SECTION 10 1. Has the applicant been convicted of a felony, or had a liquor license revoked within the last five (5) years? ❑Yes [KNo (Ir yes, Mach explanation.) 2. How many special event licenses have been issued to this location this year? (The number cannot exceed 12 events per year; exceptions under A.R.S. §4-203.02(D).) 3. Is the organizotion using the services of a promoter or other person to manage the event? [:]Yes �]No (If yes, attach o copy of the agreement.) 4. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. The organization applying must receive 25% of the dross revenues of the special event liquor sales. Attach an additional page if necessary. 9 Name 'I.tflr _ !a ri NC . Percentage: 70 Address ,FG ,o J -5 f !rf is A 7- (9 6� stFeew city sfcft 0% Zo Name L ti J ! k � � t'� � Percentage: Address G [c i�,rt r + U5 0 I^ street cly s►nre ZIP 5. Please read A.R.S. § 4-203.02 Special event license; rules and R19-1-205 Reauirements for a Special Event License. Note: ALL ALCOHOLIC BEVERAGE SALES MUST RE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT UNLESS THEY ARE IN AUCTION SEALED CONTAINERS OR THE SPECIAL EVENT LICENSE IS STACKED WITH WINE /CRAFT DISTILLERY FESTIVAL LICENSE" 6. What type of security and control measures will you take to prevent violations of liquor laws at this event? (List type and number of police/security personnel and type of fencing or control barriers, If applIcable.) Number of Police Number of Security Personnel jaiBarriers Explanation: _0 es -0 I f�� f L ec' n )"C' l SECTION 11 Dates and Hours of Event. Days must be consecutive but may not exceed 10 consecutive days III /Ona d ❑--- 12 nF e See A.R.S. § 4-244(IS) and (17) for legal hours of service. PLEASE FILL OUT A SEPARATE APPLICATION FOR EACH "NON-CONSECUTIVE" DAY Date Day of Week Event Start License End rime AM/PM rime AM/PM DAY 1: 3 r r, a cl ` iJ a in DAY 2: `'J aC [ uC {1 T 10; r 0 V C'1"R'1 -5-v'00 ,• L DAY 3. S� f nd()LY 0" 00 ark DAY 4: DAY 5. DAY 6: DAY 7: DAY 8: DAY 9: DAY 10: III /Ona d ❑--- 12 nF e SECTION ] 2 License premises diagram. The licensed premises for your special event is the area in which you are authorized to sell, dispense or serve alcoholic beverages under the provisions of your license. The following space is to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades, or other control measures and security position. a A NT tiF I A6iOUR OF "it l:ou»aA)PPS J 14/1 J7n1 A P- Z nF A s� qq Y .a F � 1 I A6iOUR OF "it l:ou»aA)PPS J 14/1 J7n1 A P- Z nF A SECTION 13 To be completed only by an Officer, Director or Chairperson of the organization named In Section 1. I, QWntRA Name) f `[ (t! Q Ckrrt_t -Z r . ' _,2tr'� declare that I am can Officer, Director or Chairperson of the organization filing thi application as fisted in Section 9. 1 have read the application and the contents and all statements are true, correct and complete. i Redact X J crrr Ca,-�/ r1"eacsr te4' j 41-111 0/ Signature Tlil 1 Pod #on Phon The foregoing instrument was acknowledged before me this State S a kvn i. County of M441&? ct My Commission Expires on: l Dd* r L� i f �}•C: Dry AA0rdf1 rear SECTION 14 This section is to be completed only by the applicant named in Section 9. rK51TH MCC I. rPrW FLJ9 Nan .1 1 ' 1 Ca. r4aref 7—k I- -tJ declare that I am the APPLICANT filing this application as listed in Section 9�1 hatr read the application and the contents and all statements are true, correct and comp is - _ • - , Signahrre THIe1 tosmon Dote Phonehim The foregoing insilrument was acknowledged before me this ' w Day iVior+th veer State , County of �4.1 , t /i My Commission Expires on:151-1 19 C 1. ` d a KEITH MCI Notary Pubbc - Signafure of No My COt ". UP Please contact the local governing board for additional application requirements and submission deadlines. Additional licensing fees may also be required before approval may be granted. For more information, please contact your local jurisdiction: http:llwww.azlicluor.gov/cssetsZdocuments/homepa<le docs spec event links.odf. SECTION 15 Local Governing Body Approval Section. I, recommend []APPROVAL ❑ DISAPPROVAL (Government Official) MIR) On behalf of (CRY, Town. County) Signcdure Dare Phare SECTION 16 For Department of Liquor Licenses and Control use only. ❑APPROVAL []DISAPPROVAL BY: DATE: A.R.S. § 41-1434. B, An agency shall not base a ficensing decision in whole or in part on a licensing requiremeni or condition Thal is not speciflcoliy authorized by statute, rule or state tribal gaming compact. A general grant of authority in statute does not constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition. D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. THE COURT MAY AWARD REASONABLE ATTORNEY FEES. DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION_ E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY. F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12-820.01 0R 12-820.02. A' "Y TOWN OF FOUNTAIN HILLS 0 TOWN COUNCIL Meeting Date: 101312017 AGENDA ACTION FORM Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Community Services Staff Contact Information: Raymond Rees/480-816-5180/rrees@fh.az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF approving a CONTRACT with Artistic Lancs Management (Contract #C2018-030), in the amount of $207,000, for Wash and Danz Maintenance. Applicant: Applicant Contact Information: Owner: Owner Contact Information: Property Location: Related Ordinance, policy or Guiding Principle: Staff Summary (background): The current contract for wash and dam maintenance has expired. Staff issued an Invitation for Bid and three companies replied to the solicitation. Artistic Land Management was the low bidder. With this contract the Town will be able to maintain a four-year maintenance cycle for our washes and dams. We feel confident by maintaining this current cycle we help minimize flooding and help alleviate fire dangers in our washes. Risk Analysis (options or alternatives with implications): Rise in flood and fire danger Fiscal Impact (initial and ongoing costs; budget status): $207,000 - $1,035,000 Budget Reference (page number): Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): Staff Recommendation(s): List Attachments): Solicitation PW2018-01, and required vendor documents SUGGESTED MOTION (for Council use): Move to approve a contract with Artistic Land Management in the amount of $207,000 for wash and dam maintenance. Page i of 2 Pre d by: aym��oo}nd ees, Facilities! vironmental Supervisor 9-11/2017 Dir "ctbr's App aVal: /. I'L 7pp inWeldy,Pu li We ar 917 2017 roved: Grady E. Miller, Town Manager 9/2512017 Page 2 of 2 REQUEST FOR LEGAL SERVICES Name/Phone Number/E-mail of Requestor: date ofR quest:71 112017 Raymond Rees1480-816-5180lrrees@fh.az.gov Date Diri� roved Request: 7/1112017 Procurement Approval by: Craig Rudolphy Due Dat5f(From Town Attorney's office): 817/2417 Headline for return of request from Legal is 10 Yes ❑ No: ❑ - Contact Finance Director business days after Procurement Approval. a Deadline for completed packet items submitted to Council Meeting Date: 911412417 Item does not require Council approval ❑ the Town Clerk - 12 PM the Tuesday prior to the date of the Council meeting. Request for Legal staff: Please provide an Invatation for Bid for Wash and Dam Maintenance. Please referance file # 1572798.2 IFB DS2011-02 Proposed Agenda Language (if applicable): Consent Agenda Item ® Regular Agenda Item ❑ CONSIDERATION of approving a CONTRACT with ? (Contract #2018-030) in the amount of $207.040 for Wash and Clam Maintenance. Vend or/ConsultantlAgreement/Agency Information: Contact Name: Entity Name: Entity Address: Entity Phone, Fax and E-mail address: Town of Fountain Hills Business License Number: Arizona Corporation Commission File Number: Documents Requested: ❑ PA (Purchase) / Amendment ❑ Ordinance # (Draft attached Y1! N) ® IFB (Invitation for Bid) Publication Dates for Zoning Actions: ❑ RFQ (Request for Qualifications) ❑ Resolution # (Draft attached Y1 / N) ❑ RFP (Request for Proposals) ❑ Easement (Specify Type) ❑ CSA (Construction) / Amendment ❑ Deed (Specify Type) ❑ QSP ❑ IGA /Amendment (Corresponding Resolution Required) ❑ Cooperative Purchasing Agreement Approval PSA / Amendment ❑ Other Required Contract/Agreement Information: Method of Vendor Selection:IFB Terra of Contract/Ag reement: I year with 4 optional I year renewals Contract Amount (this contract): 207 000 Cumulative Contract Amount:$1,035.000 Brief description of services/goods being sought: Wash and Dam Maintenance Contract # assigned: 2018-030 Funding Source: General Project No. Budget Transfer Required: ; if yes, attach appropriate documentation -------------------------------------------------------------------------------------------------------------------------------------- Staff Check List: A "request for legal services form" will be returned if submitted without the necessary information and attachments. *scope of Work or Specifications Attached *QSP Document Attached 'Fee Proposal or Price 'Sheet Attached *Underlying Cooperative Purchasing Agreement Attached *Proposal or Statement of Qualifications from Vendor Attached 'Bid/RFQ/RFP schedule Attached Finance requires a "contract cover sheet" prior to processing the approved/signed contract/agreement for payment(s). c:lu5er:;',noes'•ap�c4ata'.Locall[nicrnxnl"l,«•inr3t,ws'.[crnp��rary in[enict fi1eslcontent.1e510c3r21 1 inlrequest—for legal_services+fonn+revised.doex Rev. 12/2016 CONTRACT/GRANT INFORMATION SHEET - NEW CONTRACT Date: 9/7/2017 Staff's Name: Raymond Rees Department: Public Works Vendor's Name:Artictic Land Management Vendor Number: 576 Address: Phone: Received W9:❑ Y ❑ N [E ALREADY IN SYSTEM Business License #:2978 Exp. Date: 8/31/2018 ACCOUNTING SUMMARY Org Object Project/# $ Accounting Code: ENVAD 6223 If Renewable: $200,000 Accounting Code: ENVAD 6224 Does this Contract put it over $50,000 1 E Yes $7,000 Accounting Code: 10/3/2017 Contract Expiration Date: 10/2/2018 Budgeted Expenditure: TBD(used forvariety of different things/departments/funds): ( hoose an if _ : Budget Page #: Approved by Council: CONTRACT SUMMARY Contract Dumber Assigned: 02018-030 Current Contract Total: $207,000 Total Contract Amount with Renewals: $1,035,000 Brief Description of Service: Wash and Dam Maintenance If Renewable: Original Total # of Renewals Max: 4 FY Cumulative Vendor Totals: Does this Contract put it over $50,000 1 E Yes ❑ No Contract Beginning Date: 10/3/2017 Contract Expiration Date: 10/2/2018 Budgeted Expenditure: ® Yes ❑ No Budget Page #: Approved by Council: ® Yes; Date: 10/3/2017 ❑ No ❑ N/A Insurance Certificate provided: ® Yes ❑ No ❑ N/A Warranty Period: ❑ Yes ❑ No If Yes, expires Click here to enter a date. Estimated Start Date: 11/1/2017 Estimated Completion Date: 4/30/2018 GRANT SUMMARY Paid for by Grant: Yes ❑ No Name of Grantee: Grant Number Assigned: Resolution Number: Date Council Approved: Revised 12/2.1/16 TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT INVITATION FOR BIDS WASH AND DAM MAINTENANCE Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 SOLICITATION INFORMATION AND SCHEDULE Solicitation Number: PW2018-01 Release Date: August 16, 2017 Advertisement Dates: August 16 and 23, 2017 — Fountain Hills Times August 17 and 24, 2017 — Arizona Business Gazette Final Date for Inquires August 30, 2017 MANDATORY August 28, 2017 Prospective Bidder's Conference: 2:00 p.m. (local time, Phoenix, Arizona) Fountain Hills Town Hall Council Chambers 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Bid Deadline: September 7, 2017 2:00 p.m. (local time, Phoenix, Arizona) Bid Opening: September 7, 2017 2:00 p.m. (local time, Phoenix, Arizona) Town Representatives: Raymond Rees rreesgfh.az.gov Justin Weldy jweldygfh.az.gov In accordance with the Town of Fountain Hills Procurement Code, competitive sealed Bids for the services specified herein will be received by the Town Clerk at the Town Clerk's Office at the above -referenced location until the date and time referenced above (the "Bid Deadline"). Bids received by the Bid Deadline shall be publicly opened and the Bid Price read. Bids must be in the actual possession of the Town Clerk on, or prior to, the Bid Deadline. Late Bids shall not be considered, except as provided in the Town Procurement Code. Each Bid shall be submitted in a sealed envelope with the Solicitation Number and the Bidder's name and address clearly indicated on the front of the envelope. * The Town of Fountain Hills reserves the right to amend the solicitation schedule as necessary. 3034225.1 TOWN OF FOUNTAIN HILLS PUBLIC WORDS DEPARTMENT PW2018-01 OFFER The undersigned (the "Bidder") hereby offers this Bid as an offer to contract with the Town under the terms and conditions set forth below and certifies that Bidder has read, understands and agrees to fully comply with, and be contractually bound by, all terms and conditions as set forth in this Invitation For Bids ("IFB"), the Contract formed hereby (as defined below) and any amendments thereto, together with all Exhibits, Specifications, Flans and other documents included as part of this Contract (the "Contract Documents"). Arizona Transaction (Sales) Privilege For Clarification of this Bid contact: Tax License Number: 0-1 Q4 512)"1 7— Federal Federal Employer Identification Name:,]C—j5r-- Number: — 1{D �� Telephone: 4EQ• F'Zl. 4G Ukp Qui 1 -'CiC L.4 sc �Lp Facsimile: 4��7 • ql�]4. 15%6)1 Contractor Name Email: USe N LM, *%t --'1C • ?Q- eqA 237-C�) Address/Authorized Signature f ontractor cjkANI>)1Ece- P2,Z t 'G2.,- eq-�•z-- City State Zip Code Printed Name 2 Title ACCEPTANCE OF OFFER AND NOTICE OF AWARD (FOR TOWN OF FOUNTAIN HILLS USE ONLY) Effective Date: Contract No. Official File: TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Grady E. Miller, Town Manager ATTEST: APPROVED AS TO FORM: Bevelyn J. Bender, Town Clerk Andrew J. McGuire, Town Attorney 3034225.1 TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT PW2018-01 ARTICLE I - DEFINITIONS For purposes of this Invitation for Bids, the following definitions shall apply: 1.1 "Bid" or "Offer" means a responsive bid or quotation submitted by a Bidder in response to this Invitation for Bids. 1.2 "Bid Deadline" means the date and time set forth on the cover of this IFB for the Town Clerk to be in actual possession of the sealed Bids. 1.3 "Bid Opening" means the date and time set forth on the cover of this Invitation for Bids for opening of sealed Bids. 1.4 "Bidder" means any person or firm submitting a competitive Bid in response to this IFB. 1.5 "Confidential Information" means that portion of a Bid, proposal, Offer, Specification or protest that contains information that the person submitting the information believes should be withheld, provided (i) such person submits a written statement advising the Town of this fact at the time of the submission and (ii) the information is so identified wherever it appears. 1.6 "Contract" means, collectively, the (i) Offer/Bid, (ii) this IFB, including all exhibits, (iii) the Notice of Award, (iv) the Notice to Proceed or Purchase Order(s), (v) any approved Addendum, Change Order or Amendment, (vi) the Contractor's Certificates of Insurance and a copy of the Declarations Page(s) of the insurance policies, (vii) any Plans, Specifications or other documents attached, appended or incorporated herein by reference. Alternate or optional bid items will become part of the Contract only if they are accepted by the Town in writing on the Price Sheet. 1.7 "Contractor" means the individual, partnership, corporation or limited liability company who has submitted a Bid in response to this IFB and who, as a result of the competitive bidding process, is awarded a contract for Materials or Services by the Town. 1.8 "Day(s)" means calendar day(s) unless otherwise specified. 1.9 "Invitation for Bids" or "IFB" means this request by the Town for participation in the competitive bidding process according to all documents, including those attached or incorporated herein by reference, utilized for soliciting Bids for the Services and/or Materials in compliance with the Town's Procurement Code. 1.10 "Materials" means any personal property, including equipment, materials, replacements and supplies provided by the Contractor in conjunction with the Contract and shall include, in addition to Materials incorporated in the Project, equipment and other material used and/or consumed in the performance of Services or Work. 1.11 "Multiple Award" means an award of an indefinite quantity contract for one or more similar products, commodities or Services to more than one Bidder. 1.12 "Price" means the total expenditure for a defined quantity of a commodity or service. 1.13 "Procurement Administrator" means a Town employee, as designated on the cover of this IFB, who has specifically been designated to act as a contact person to the Bidders and/or Contractor relating to their IFB. 1.14 "Procurement Agent" means the Town Manager or authorized designee. 1.15 "Procurement Code" means the Town's Procurement Code, as amended from time to time. 3034225.1 TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT PW2018-01 1.16 "Project" means the purpose and Work described as set forth in Section 2.1, Purpose/Scope of Work, of the IFB. 1.17 "Services" means the furnishing of labor, time or effort by a Contractor, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance and as further defined in the Contract. This term does not include "professional and technical services" as defined in the Procurement Code. 1.18 "Specification" means any description of the physical characteristics, functional characteristics, or the nature of a commodity, product, supply or Services. The term may include a description of any requirements for inspecting, testing, or preparing a supply or service item for delivery. 1.19 "Subcontractor" means those persons or groups of persons having a direct contract with the Contractor to perform a portion of the Work and those who furnish Materials according to the plans and/or Specifications required by this Contract. 1.20 "Town" means the Town of Fountain Hills, an Arizona municipal corporation. 1.21 "Town Representative" means the Town employee who has specifically been designated to act as a contact person to the Town's Procurement Administrator, and who is responsible for monitoring and overseeing the Contractor's performance under the Contract and for providing information regarding details pertaining to the Work. 1.22 "Vendor" means any firms, entities or individuals desiring to prepare a responsive Bid in response to this IFB. 1.23 "Work" means all labor, Materials and equipment incorporated or to be incorporated in the Project that are necessary to accomplish the Services required by this Contract. /:\710to@ lla3179610Zt1WIM3IZ:iV.11.117F 2.1 Purpose/Scope of Work. The Work included in this Project consists of performing wash and dam maintenance, which will include cutting, chipping and hauling away vegetation. The Town is issuing this IFB is to secure a qualified General Contractor to perform the Work and provide all Materials as more particularly described in the Scope of Work attached hereto as Exhibit A, and incorporated herein by reference. 2.2 Amendment of IFB. No alteration may be made to this IFB or the resultant Contract without the express, written approval of the Town in the form of an official IFB addendum or Contract amendment. Any attempt to alter this IFB/Contract without such approval is a violation of this IFB/Contract and the Town Procurement Code. Any such action is subject to the legal and contractual remedies available to the Town including, but not limited to, Contract cancellation and suspension and/or debarment of the Bidder or Contractor. 2.3 Preparation/Submission of Bid. Bidders are invited to participate in the competitive bidding process for the Services specified in this IFB. Bidders shall review their Bid submissions to ensure the following requirements are met. A. Irregular/Non-responsive Bids. The Town will consider as "irregular" or "non- responsive" and shall reject any Bid not prepared and submitted in accordance with the IFB and Specifications, or any Bid lacking sufficient information to enable the Town to make a reasonable determination of compliance with the Specifications. Unauthorized or unreasonable exceptions, conditions, limitations, or provisions shall be cause for rejection. Bids may be deemed non-responsive at any time during the evaluation process if, in the sole opinion of the Procurement Agent, any of the following are true: 3034225.1 2 TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT PW2018-01 1. Bidder does not meet the minimum required skill, experience or requirements to perform the Services or provide the Materials. obligations. 2. Bidder has a past record of failing to fully perform or fulfill contractual 3. Bidder cannot demonstrate financial stability. 4. Bid submission contains false, inaccurate or misleading statements that, in the opinion of the Procurement Agent, are intended to mislead the Town in its evaluation of the Bid. B. Specification Minimums. Bidders are reminded that the Specifications stated in the Scope of Work as part of this IFB are the minimum levels required and that Bids submitted must be for products or Services that meet or exceed the minimum level of all features specifically listed in this IFB. Bids offering less than the minimums specified will be deemed not responsive. It shall be the Bidder's responsibility to carefully examine each item listed in the Scope of Work. C. Required Submittal. Bidders shall provide all of the following documents to be considered a responsive Bid: 1. Complete, fully executed original of this IFB, with the Offer signed in ink by a person authorized to bind the Bidder. 2. Price Sheet. 3. Bid Bond. 4. Licenses; Certifications; DBE/MBE Status. 5. References. 6. Acknowledgment for each Addendum received, if any. D. Bidder Responsibilities. All Bidders shall (1) examine the entire Bid package, (2) seek clarification of any item or requirement that may not be clear, (3) check all responses for accuracy before submitting a Bid and (4) submit the entire, completed Bid package by the official Bid Deadline. Late Bids shall not be considered. Bids not submitted with an original, signed Offer page by a person authorized to bind the Bidder shall be considered non-responsive. Negligence in preparing a Bid shall not be good cause for withdrawal after the Bid Deadline. E. Sealed Bids. All Bids shall be sealed and clearly marked with the IFB title and number on the lower left hand corner of the mailing envelope. A return address must also appear on the outside of the sealed Bid. F. Address. All Bids shall be directed to the following address: Town Clerk, 16705 East Avenue of the Fountains, Fountain Hills, Arizona 85268, or hand -delivered to the Town Clerk's office. G. Bid Forms. All Bids shall be on the forms provided in this IFB. It is permissible to copy these forms if required. Telegraphic (facsimile), electronic (email) or mailgram Bids will not be considered. H. Modifications. Erasures, interlineations, or other modifications in the Bid shall be initialed in original ink by the authorized person signing the Bid. 3034225.1 3 TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT PW2018-01 I. Withdrawal. At any time prior to the specified Bid Opening, a Bidder (or designated representative) may amend or withdraw its Bid. Facsimile, electronic (email) or mailgram Bid amendments or withdrawals will not be considered. No Bid shall be altered, amended or withdrawn after the specified Bid Deadline, unless otherwise permitted pursuant to the Town Procurement Code. 2.4 Inquiries; Interpretation of Specifications; Scope of Work. A. Inquiries. Any question related to the IFB, including any part of the Specifications, Scope of Work or other Contract Documents, shall be directed to the Town Representatives whose names appear on the cover page of this IFB. Questions shall be submitted in writing by the date indicated on the cover page of this IFB; the Town will not respond to any inquiries submitted later than the Final Date for Inquiries. The Vendor submitting such inquiry will be responsible for its prompt delivery to the Town. Any correspondence related to the IFB shall refer to the title and number, page and paragraph. However, the Bidder shall not place the IFB number and title on the outside of any envelope containing questions, because such an envelope may be identified as a sealed Bid and may not be opened until the Bid Opening. Any interpretations or corrections of the proposed Contract Documents will be made only by addenda duly approved and issued by the Town. The Town will not be responsible for any other explanations or interpretations of the Contract Documents. B. Addenda. It shall be the Bidder's responsibility to check for addenda issued to this IFB. Any addendum issued by the Town with respect to this IFB will be available at: Town of Fountain Hills Town Hall, 16705 East Avenue of the Fountains, Fountain Hills, Arizona 85268 Town of Fountain Hills website at: http://www.fh.az.govBids.aWx C. Approval of Substitutions. The Materials, products, and equipment described in this IFB establish a standard or required function, dimension, appearance and quality to be met by any proposed substitution. No substitute will be considered unless written request for approval has been received by the Town Representative at least 10 Days prior to the Bid Deadline. Each such request shall include the name of the Material or equipment for which it is to be substituted and a complete description of the proposed substitute, including any drawings, performance and test data and any other information necessary for evaluation of the proposed substitute. If a substitute is approved, the approval shall be by written addendum to the IFB. Bidder shall not rely upon approvals made in any other manner. D. Use of Equals. When the Scope of Work or Specifications for Materials, articles, products and equipment include the phrase "or equal," Bidder may bid upon and use Materials, articles, products and equipment that will perform equally the duties imposed by the general design. The Town Representative will have the final approval of all Materials, articles, products and equipment proposed to be used as an "equal." No such "equal" shall be purchased or installed without prior, written approval from the Town Representative. Approvals for "equals" before Bid Opening may be requested in writing to the Town Representative for approval. Requests must be received at least 10 Days prior to the Bid Deadline. The request shall include the name of the Material, article, product or equipment for which the item is sought to be considered an equal and a complete description of the proposed equal including any drawings, performance and test data and any other information necessary for approval of the equal. All approval of equals shall be issued in the form of written addendum or amendment, as applicable, to this IFB or the Contract. E. Bid Quantities. It is expressly understood and agreed by the parties hereto that the quantities of the various classes of Services and/or Materials to be furnished under this Contract, which have been estimated as stated in the Bidders' Offer, are only approximate and are to be used solely for the purpose of comparing, on a consistent basis, the Bidders' Offers presented for the Work under this Contract. The selected Contractor agrees that the Town shall not be held responsible if any of the quantities shall be found to be incorrect and the Contractor will not make any claim for damages or for loss of profits because of a difference 3034225.1 4 TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT PW2018-01 between the quantities of the various classes of Services and/or Materials as estimated and the Services and/or Materials actually provided. If any error, omission or misstatement is found to occur in the estimated quantities, the same shall not (1) invalidate the Contract or the whole or any part of the Scope of Work, (2) excuse Contractor from any of the obligations or liabilities hereunder or (3) entitle Contractor to any damage or compensation except as may be provided in this Contract. 2.5 Prospective Bidders' Conference. A Prospective Bidders' Conference may be held. If scheduled, the date and time of the Prospective Bidders' Conference will be indicated on the cover page of this IFB. The Prospective Bidders' Conference may be designated as mandatory or non -mandatory on the cover of this IFB. Bids shall not be accepted from Bidders who do not attend a mandatory Prospective Bidders' Conference. Bidders are strongly encouraged to attend those Prospective Bidder's Conferences designated as non -mandatory. The purpose of the Prospective Bidders' Conference will be to clarify the contents of the IFB in order to prevent any misunderstanding of the Town's requirements. Any doubt as to the requirements of this IFB or any apparent omission or discrepancy should be presented to the Town at the Prospective Bidders' Conference. The Town will then determine if any action is necessary and may issue a written amendment or addendum to the IFB. Oral statements or instructions will not constitute an amendment or addendum to the IFB. 2.6 New Materials. All Materials to be provided by the Contractor and included in the Bid shall be new, unless otherwise stated in the Specifications. 2.7 Pricing. Work shall be provided at the unit prices as set forth in the Price Sheet attached hereto as Exhibit B and incorporated herein by reference. Bid Prices shall be submitted on a per unit basis by line item, when applicable and include all applicable sales tax. In the event of a disparity between the unit price and extended price, the unit price shall prevail. NOTE: All pricing blanks must be filled in. Empty or unfilled spaces in the Price Sheet shall be deemed as a NO BID entry for that item. 2.8 Subcontracts. Bidders shall submit a listing of all proposed Subcontractors or suppliers that the Bidder intends to utilize relating to the Project, in the form attached hereto as Exhibit C. Failure on the part of the Bidder to complete or improperly complete the Subcontractor Listing will constitute sufficient cause for rejection. Proposed Subcontractors shall qualified and have the requisite licenses and be licensed to do business in the State of Arizona. The Bidder may list itself by writing "Self' adjacent to the category of work for which the Bidder assumes responsibility for performance of the Work assumes the responsibility of the Subcontractor. Subcontractor Listings submitted by unsuccessful Bidders will be returned, unopened, unless required in order to determine responsibility and responsiveness of the Subcontractors and the Bidder's Offers. The Town reserves the right to review and reasonably object to the Subcontractors proposed, and the selected Contractor shall not retain a Subcontractor to which the Town has a reasonable objection. 2.9 Payment; Discounts. Any Bid that requires payment in less than 30 Days shall not be considered. Payment discounts of 30 Days or less will not be deducted from the Bid Price in determining the low Bid. The Town shall be entitled to take advantage of any payment discount offered, provided payment is made within the discount period. Payment discounts shall be indicated on Price Sheet. 2.10 Taxes. The Town is exempt from Federal Excise Tax, including the Federal Transportation Tax. Transaction privilege tax, if any, shall be included in the unit price for each line item. It shall not be considered a lump sum payment item. Bidder should not include tax on any allowances. It is the sole responsibility of the Bidder to determine any applicable State tax rates and calculate the tax accordingly. Failure to accurately tabulate any applicable taxes may result in a determination that a Bid is non-responsive. The Bidder shall not rely on, and shall independently verify, any tax information provided by the Town. 2.11 Federal Funding. It is the responsibility of the Bidder to verify and comply with federal requirements that may apply to the Work (the "Federal Requirements"). It is also the responsibility of the Bidder 3034225.1 5 TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT PW2018-01 to incorporate any necessary amounts in the Bid to accommodate for required federal record-keeping, necessary pay structures or other matters related to the Federal Requirements, if any. 2.12 Cost of Bid/Proposal Preparation. Bids submitted for consideration should be prepared simply and economically, providing adequate information in a straightforward and concise manner. The Town does not reimburse the cost of developing, presenting or providing any response to this solicitation; the Bidder is responsible for all costs incurred in responding to this IFB. All materials and documents submitted in response to this IFB become the property of the Town and will not be returned. 2.13 Public Record. All Bids shall become the property of the Town. After Contract award, Bids shall become public records and shall be available for public inspection in accordance with the Town's Procurement Code, except that any portion of a Bid that was designated as confidential pursuant to Section 2.14 below shall remain confidential from and after the time of Bid opening to the extent permitted by Arizona law. 2.14 Confidential Information. If a Vendor/Bidder believes that a Bid, Specification, or protest contains information that should be withheld from the public record, a statement advising the Procurement Agent of this fact shall accompany the submission and the information shall be clearly identified. The information identified by the Vendor or Bidder as confidential shall not be disclosed until the Procurement Agent makes a written determination. The Procurement Agent shall review the statement and information with the Town Attorney and shall determine in writing whether the information shall be withheld. If the Town Attorney determines that it is proper to disclose the information, the Procurement Agent shall inform the Vendor or Bidder in writing of such determination. 2.15 Vendor Licensing and Registration. Prior to the award of the Contract, the successful Bidder shall be registered with the Arizona Corporation Commission and authorized to do business in Arizona. Bidders shall provide license and certification information with the Bid, attached as Exhibit D and incorporated herein by reference. Upon the Town's request, corporations, limited liability companies, partnerships or other entities shall provide Certificates of Good Standing from the Arizona Corporation Commission. A Town of Fountain Hills business license is also required. 2.16 Bidder Qualifications. A. Experience and References. Bidder must demonstrate successful completion of at least three similar projects within the past 60 months, one of which must have a dollar value of at least 75% of the total bid for this Project as set forth in the Price Sheet, attached as Exhibit B. Total bid price does not include any Town allowances identified. For the purpose of this Solicitation, "successful completion" means completion of a project within the established schedule and budget and "similar projects" resemble this Project in size, nature and scope. References for these three projects shall be listed on the sheet attached hereto as Exhibit E and incorporated herein by reference. These references will be checked, and it is Bidder's responsibility to ensure that all information is accurate and current. Bidder authorizes the Town's representative to verify all information from these references and releases all those concerned from any liability in connection with the information they provide. B. Investigation. The Town's representative may conduct any investigation deemed necessary to determine the Bidder's ability to perform the Work in accordance with the Contract Documents. The three lowest Bidders may be requested to submit additional documentation within 72 hours to assist the Town in its evaluation. 2.17 Certification. By submitting a Bid, the Bidder certifies: A. No Collusion. The submission of the Bid did not involve collusion or other anti- competitive practices. 3034225.1 6 TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT PW2018-01 B. No Discrimination. It shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246. C. No Gratuity. It has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip favor or service to a Town employee, officer, agent or elected official in connection with the submitted Bid or a resultant Contract. In the event that the resultant Contract is canceled pursuant to Subsection 3.13(E) below, the Town shall be entitled, in addition to any other rights and remedies, to recover and withhold from the Contractor an amount equal to 150% of the gratuity. D. Financial Stability. It is financially stable, solvent and has adequate cash reserves to meet all financial obligations including any potential costs resulting from an award of the Contract. E. No Signature/False Statement. The signature on the Bid and the Vendor Information Form is genuine. Failure to sign the Bid or the Vendor Information Form, or signing either with a false statement, shall void the submitted Bid and any resulting Contract, and the Bidder may be debarred from further bidding in the Town. 2.18 Bid Bond. All Vendors desiring to prepare a responsive Bid shall submit a non -revocable bid security payable to the Town in the amount of ten percent (10%) of the total Bid Price. This security shall be in the form of a bid bond, certified check or cashier's check and must be in the possession of the Town Representative by the Bid Deadline. All bid security from Contractor(s) who have been issued a Notice of Award shall be held until the successful execution of all required Contract Documents and bonds. If the Contractor fails to execute the required contractual documents and bonds within the time specified, or 10 Days after Notice of Award if no period is specified, the Contractor may be found to be in default and the Contract terminated by the Town. In case of default, the Town reserves all rights inclusive of, but not limited to, the right to purchase material and/or to complete the Work and to recover any actual excess costs associated with such completion from the Contractor. All bid bonds shall be executed in the form attached hereto as Exhibit F, duly executed by the Bidder as Principal and having as Surety thereon a Surety company holding a Certificate of Authority from the Arizona Department of Insurance to transact surety business in the State of Arizona. Individual sureties are unacceptable. All insurers and sureties shall have, at the time of submission of the proposal, an A.M. Best's Key Rating Guide of "A-" or better as currently listed in the most recent Best Key Guide, published by the A.M. Best Company. As soon as is practicable after the completion of the evaluation, the Town will (A) issue a Notice of Award for those Offers accepted by the Town and (B) return all checks or bonds to those Bidders who have not been issued a Notice of Award. 2.19 Award of Contract. A. Multiple Award. The Town may, at its sole discretion, accept Bidder's Offer as part of a Multiple Award. B. Line Item Option. Unless the Bidder's Offer indicates otherwise, or unless specifically provided within the Contract, the Town reserves the right to award by individual line item, by group of line items, or as a total, whichever is deemed most advantageous to the Town. The Town's flexibility with respect to the method of award also includes any items bid as alternates, which may be accepted or rejected, in whole or in part, at the Town's sole discretion. C. Evaluation. The evaluation of this Bid will be based on, but not limited to, the following: (1) compliance with Scope of Work, (2) Price, including alternates selected by the Town, if any, and taxes, but excluding "as -needed" services requested by the Town and (3) Bidder qualifications to provide the Services/Materials. 3034225.1 7 TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT PW2018-01 D. Waiver; Rejection; Reissuance. Notwithstanding any other provision of this IFB, the Town expressly reserves the right to: (1) waive any immaterial defect or informality, (2) reject any or all Bids or portions thereof and (3) cancel or reissue an IFB. E. Offer. A Bid is a binding offer to contract with the Town based upon the terms, conditions and specifications contained in this IFB and the Bidder's responsive Bid, unless any of the terms, conditions, or specifications are modified by a written addendum or contract amendment. Bids become binding contracts when the Acceptance of Offer and Notice of Award is executed in writing by the Town. Bidder Offers shall be valid and irrevocable for 90 Days after the Bid Opening. F. Protests. Any Bidder may protest this IFB, the proposed award of a Contract, or the actual award of a Contract. All protests will be considered in accordance with the process set forth by the Town Manager or qualified designee. ARTICLE III — GENERAL TERMS AND CONDITIONS 3.1 Term. This Contract shall be effective from the date it is fully executed by the Town and remain in full force and effect for one year thereafter (the "Initial Term"), unless terminated as otherwise provided herein. After the expiration of the Initial Term, this Contract may be renewed for up to four successive one-year terms (each a "Renewal Term") if (A) it is deemed in the best interests of the Town, subject to availability and appropriation of funds for renewal in each subsequent year, (B) at least 30 Days prior to the end of the then -current term of the Contract, the Contractor requests, in writing, to extend the Contract for an additional one-year term and (C) the Town approves the additional one-year term in writing (including any price adjustments), as evidenced by the Town Manager's signature thereon, which approval may be withheld by the Town for any reason. The Contractor's failure to seek a renewal of this Contract shall cause the Contract to terminate at the end of the then -current term of this Contract; provided however, that the Town may, at its discretion and with the agreement of the awarded Contractor, elect to waive this requirement and renew this Contract. The Initial Term and any Renewal Term(s) are collectively referred to herein as the "Term." Upon renewal, the terms and conditions of this Contract shall remain in full force and effect. 3.2 Compensation. The Town shall pay the Contractor for Services completed and accepted by the Town at the rates set forth in the Price Sheet. The Contractor shall not commence any billable Work or provide any Services under this Contract until the Contractor receives an executed purchase order from the Town. 3.3 Pam. The Contractor will be paid on the basis of invoices submitted following acceptance of the Services/Materials. All invoices shall document and itemize all Services performed and Materials delivered in sufficient detail to justify payment and shall include the Work Order number authorizing the transaction and shall be delivered to the Town Accounts Payable address indicated on the face of the Work Order, unless otherwise specified. All transportation charges must be prepaid by the Contractor. If invoice is subject to a cash discount, the discount period will be calculated from the date of receipt of the claim or the Materials, whichever is later. 3.4 Documents. All documents prepared and submitted to the Town pursuant to this Contract shall be the property of the Town. 3.5 Contractor Personnel. Contractor shall provide adequate, experienced personnel, capable of and devoted to the successful performance of the Services under this Contract. Contractor agrees to assign specific individuals to key positions. If deemed qualified, the Contractor is encouraged to hire Town residents to fill vacant positions at all levels. Contractor agrees that, upon commencement of the Services to be performed under this Contract, key personnel shall not be removed or replaced without prior written notice to the Town. The term "Key Personnel" means individuals who will be directly assigned to this Project and includes, but is not limited to, the owner, principals, project manager, project superintendent, scheduler, engineer and supervisory personnel. At least two of the Bidder's Key Personnel must have a minimum of three years' 3034225.1 8 TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT PW2018-01 experience in similar projects (defined above) and the scheduler must have experience in employing scheduling techniques appropriate for this Project. Resumes of Key Personnel shall be submitted upon request by the Town's representative. If Key Personnel are not available to perform the Services for a continuous period exceeding 30 Days, or are expected to devote substantially less effort to the Services than initially anticipated, Contractor shall immediately notify the Town of same and shall, subject to the concurrence of the Town, replace such personnel with personnel possessing substantially equal ability and qualifications. 3.6 Inspection; Acceptance. All Work shall be subject to inspection and acceptance by the Town at reasonable times during Contractor's performance. The Contractor shall provide and maintain a self -inspection system that is acceptable to the Town. 3.7 Licenses; Materials. Contractor shall maintain in current status all federal, state and local licenses and permits required for the operation of the business conducted by the Contractor. The Town has no obligation to provide Contractor, its employees or Subcontractors any business registrations or licenses required to perform the specific Services set forth in this Contract. The Town has no obligation to provide tools, equipment or Material to Contractor. 3.8 Performance Warranty. Contractor warrants that the Services rendered will conform to the requirements of this Agreement and with the care and skill ordinarily used by members of the same profession practicing under similar circumstances at the same time and in the same locality. 3.9 Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, defend and hold harmless the Town and each council member, officer, employee or agent thereof (the Town and any such person being herein called an "Indemnified Party"), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever ("Claims"), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the Work or Services of the Contractor, its officers, employees, agents, or any tier of Subcontractor in the performance of this Contract. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of the indemnity in this Section. 3.10 Changes; Cancellation. The Town reserves the right to cancel or make changes in the Services or Materials to be furnished by the Contractor within a reasonable period of time after issuance of Work Orders. If such changes cause an increase or decrease in the amount due under the Work Order, or in the time required for Contractor's performance, an acceptable adjustment shall be made and the Work Order shall be modified in writing accordingly. Any agreement for adjustment must be asserted in writing within 10 Days from when the change is ordered. 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 a notice of cancellation from the Town, or for lost profits, shipment of product or costs incurred prior to issuance of a Work Order. 3.11 Insurance. A. General. 1. Insurer Qualifications. Without limiting any obligations or liabilities of Contractor, Contractor shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies authorized to do business in the State of Arizona pursuant to ARIZ. REv. STAT. § 20-206, as amended, with an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the Town. Failure to maintain insurance as specified herein may result in termination of this Contract at the Town's option. 3034225.1 9 TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT PW2018-01 2. No Representation of Coverage AdequacX. By requiring insurance herein, the Town does not represent that coverage and limits will be adequate to protect Contractor. The Town reserves the right to review any and all of the insurance policies and/or endorsements cited in this Contract but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Contract or failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Contract. 3. Additional Insured. All insurance coverage, except Workers' Compensation insurance and Professional Liability insurance, if applicable, shall name, to the fullest extent permitted by law for claims arising out of the performance of this Contract, the Town, its agents, representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of this Contract. 4. Coverage. All insurance required herein shall be maintained in full force and effect until all Work or Services required to be performed under the terms of this Contract are satisfactorily performed, completed and formally accepted by the Town, unless specified otherwise in this Contract. 5. Primary Insurance. Contractor's insurance shall be primary insurance with respect to performance of this Contract and in the protection of the Town as an Additional Insured. 6. Claims Made. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend, either by keeping coverage in force or purchasing an extended reporting option, for three years past completion and acceptance of the services. Such continuing coverage shall be evidenced by submission of annual Certificates of Insurance citing applicable coverage is in force and contains the provisions as required herein for the three-year period. 7. Waiver. All policies, except for Professional Liability, including Workers' Compensation insurance, shall contain a waiver of rights of recovery (subrogation) against the Town, its agents, representatives, officials, officers and employees for any claims arising out of the Work or Services of Contractor. Contractor shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto. 8. Policy Deductibles and/or Self -Insured Retentions. The policies set forth in these requirements may provide coverage that contains deductibles or self-insured retention amounts. Such deductibles or self-insured retention shall not be applicable with respect to the policy limits provided to the Town. Contractor shall be solely responsible for any such deductible or self-insured retention amount. 9. Use of Subcontractors. If any Work under this Contract is subcontracted in any way, Contractor shall execute written agreement with its Subcontractors containing the indemnification provisions set forth in this subsection and insurance requirements set forth herein protecting the Town and Contractor. Contractor shall be responsible for executing any agreements with its Subcontractor and obtaining certificates of insurance verifying the insurance requirements. 10. Evidence of Insurance. Prior to commencing any Work or Services under this Contract, Contractor will provide the Town with suitable evidence of insurance in the form of certificates of insurance and a copy of the declaration page(s) of the insurance policies as required by this Contract, issued by Contractor's insurance insurer(s) as evidence that policies are placed with acceptable insurers as specified herein and provide the required coverages, conditions and limits of coverage specified in this Contract and that such coverage and provisions are in full force and effect. Confidential information such as the policy premium may be redacted from the declaration page(s) of each insurance policy, provided 3034225.1 10 TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT PW2018-01 that such redactions do not alter any of the information required by this Contract. The Town shall reasonably rely upon the certificates of insurance and declaration page(s) of the insurance policies as evidence of coverage but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations of this Contract. If any of the policies required by this Contract expire during the life of this Contract, it shall be Contractor's responsibility to forward renewal certificates and declaration page(s) to the Town 30 Days prior to the expiration date. All certificates of insurance and declarations required by this Contract shall be identified by referencing this Contract. A $25.00 administrative fee shall be assessed for all certificates or declarations received without a reference to this Contract. Additionally, certificates of insurance and declaration page(s) of the insurance policies submitted without referencing this Contract will be subject to rejection and may be returned or discarded. Certificates of insurance and declaration page(s) shall specifically include the following provisions: a. The Town, its agents, representatives, officers, directors, officials and employees are Additional Insureds as follows: (i) Commercial General Liability - Under Insurance Services Office, Inc., ("ISO") Form CG 20 10 03 97 or equivalent. (ii) Auto Liability - Under ISO Form CA 20 48 or equivalent. (iii) Excess Liability - Follow Form to underlying insurance. b. Contractor's insurance shall be primary insurance with respect to performance of the Contract. C. All policies, except for Professional Liability, including Workers' Compensation, waive rights of recovery (subrogation) against Town, its agents, representatives, officers, officials and employees for any claims arising out of Work or Services performed by Contractor under this Contract. d. ACORD certificate of insurance form 25 (2014/01) is preferred. If ACORD certificate of insurance form 25 (2001/08) is used, the phrases in the cancellation provision "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" shall be deleted. Certificate forms other than ACORD form shall have similar restrictive language deleted. B. Required Insurance Coverage. 1. Commercial General Liability. Contractor shall maintain "occurrence" form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent contractors, products -completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not limited to, separation of insured's clause. To the fullest extent allowed by law, for claims arising out of the performance of this Contract, the Town, its agents, representatives, officers, officials and employees shall be cited as an Additional Insured under ISO, Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or equivalent, which shall read "Who is an Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you." If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be "follow form" equal or broader in coverage scope than underlying insurance. 3034225.1 11 TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT PW2018-01 2. Vehicle Liability. Contractor shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Contractor's owned, hired and non -owned vehicles assigned to or used in the performance of the Contractor's Work or Services under this Contract. Coverage will be at least as broad as ISO coverage code "1" "any auto" policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for claims arising out of the performance of this Contract, the Town, its agents, representatives, officers, directors, officials and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be "follow form" equal or broader in coverage scope than underlying insurance. 3. Professional Liability. If this Contract is the subject of any professional Services or Work, or if the Contractor engages in any professional Services or Work in any way related to performing the Work under this Contract, the Contractor shall maintain Professional Liability insurance covering negligent errors and omissions arising out of the Services performed by the Contractor, or anyone employed by the Contractor, or anyone for whose negligent acts, mistakes, errors and omissions the Contractor is legally liable, with an unimpaired liability insurance limit of $2,000,000 each claim and $2,000,000 annual aggregate. 4. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Contractor's employees engaged in the performance of Work or Services under this Contract and shall also maintain Employers Liability Insurance of not less than $500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy limit. C. Cancellation and Expiration Notice. Insurance required herein shall not expire, be canceled, or be materially changed without 30 Days' prior written notice to the Town. 3.12 Applicable Law; Venue. This Contract shall be governed by the laws of the State of Arizona and suit pertaining to this Contract may be brought only in courts in Maricopa County, Arizona. 3.13 Termination; Cancellation. A. For Town's Convenience. This Contract is for the convenience of the Town and, as such, may be terminated without cause after receipt by Contractor of written notice by the Town. Upon termination for convenience, Contractor shall be paid for all undisputed Services performed and Materials delivered to the termination date. B. For Cause. If either party fails to perform any obligation pursuant to this Contract and such party fails to cure its nonperformance within 30 Days after notice of nonperformance is given by the non - defaulting party, such party will be in default. In the event of such default, the non -defaulting party may terminate this Contract immediately for cause and will have all remedies that are available to it at law or in equity including, without limitation, the remedy of specific performance. If the nature of the defaulting party's nonperformance is such that it cannot reasonably be cured within 30 Days, then the defaulting party will have such additional periods of time as may be reasonably necessary under the circumstances, provided the defaulting party immediately (1) provides written notice to the non -defaulting party and (2) commences to cure its nonperformance and thereafter diligently continues to completion the cure of its nonperformance. In no event shall any such cure period exceed 90 Days. In the event of such termination for cause, payment shall be made by the Town to the Contractor for the undisputed portion of its fee due as of the termination date. C. Due to Work Stoppage. This Contract may be terminated by the Town upon 30 Days' written notice to Contractor in the event that the Services are permanently abandoned. In the event of such termination due to Work stoppage, payment shall be made by the Town to the Contractor for the undisputed portion of its fee due as of the termination date. 3034225.1 12 TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT PW2018-01 D. Conflict of Interest. This Contract is subject to the provisions of ARiz. REV. STAT. § 38- 511. The Town may cancel this Contract without penalty or further obligations by the Town or any of its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting or creating this Contract on behalf of the Town or any of its departments or agencies is, at any time while the Contract or any extension of the Contract is in effect, an employee of any other party to the Contract in any capacity or a consultant to any other party of the Contract with respect to the subject matter of the Contract. E. Gratuities. The Town may, by written notice to the Contractor, cancel this Contract if it is found by the Town that gratuities, in the form of economic opportunity, future employment, entertainment, gifts or otherwise, were offered or given by the Contractor or any agent or representative of the Contractor to any officer, agent or employee of the Town for the purpose of securing this Contract. In the event this Contract is canceled by the Town pursuant to this provision, the Town shall be entitled, in addition to any other rights and remedies, to recover and withhold from the Contractor an amount equal to 150% of the gratuity. F. 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 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. 3.14 Miscellaneous. A. Independent Contractor. It is clearly understood that each party will act in its individual capacity and not as an agent, employee, partner, joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other for any purpose whatsoever. The Contractor acknowledges and agrees that all Services and Materials provided under this Contract are being provided as an independent contractor, not as an employee or agent of the Town. Contractor, its employees and Subcontractors are not entitled to workers' compensation benefits from the Town. The Town does not have the authority to supervise or control the actual Work of Contractor, its employees or Subcontractors. The Contractor, and not the Town, shall determine the time of its performance of the Services provided under this Contract so long as Contractor meets the requirements of its agreed Scope of Work as set forth in Section 2.1 above and in Exhibit A. Contractor is neither prohibited from entering into other contracts nor prohibited from practicing its profession elsewhere. Town and Contractor do not intend to nor will they combine business operations under this Contract. B. Laws and Regulations. The Contractor shall keep fully informed and shall at all times during the performance of its duties under this Contract ensure that it and any person for whom the Contractor is responsible remains in compliance with all rules, regulations, ordinances, statutes or laws affecting the Services or Materials including, but not limited to, the following: (1) existing and future Town and County ordinances and regulations; (2) existing and future state and federal laws; and (3) existing and future Occupational Safety and Health Administration standards. 3034225.1 13 TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT PW2018-01 C. Contract Amendments. This Contract may be modified only by a written amendment signed by persons duly authorized to enter into contracts on behalf of the Town and the Contractor; provided, however, that Change Orders may be issued and approved administratively by the Town when such changes do not alter the Contract Price. D. Provisions Required by Law. Each and every provision of law and any clause required by law to be in the Contract will be read and enforced as though it were included herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, the Contract will promptly be physically amended to make such insertion or correction. E. Severability. The provisions of this Contract are severable to the extent that any provision or application held to be invalid by a Court of competent jurisdiction shall not affect any other provision or application of the Contract which may remain in effect without the invalid provision or application. F. Entire Agreement; Interpretation; Parol Evidence. This Contract represents the entire agreement of the parties with respect to its subject matter, and all previous agreements, whether oral or written, entered into prior to this Contract are hereby revoked and superseded by this Contract. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in any other contemporaneous written agreement executed for the purposes of carrying out the provisions of this Contract. This Contract shall be construed and interpreted according to its plain meaning, and no presumption shall be deemed to apply in favor of, or against the party drafting the Contract. The parties acknowledge and agree that each has had the opportunity to seek and utilize legal counsel in the drafting of, review of, and entry into this Contract. G. Assignment; Dele ag tion. No right or interest in this Contract shall be assigned or delegated by Contractor without prior, written permission of the Town, signed by the Town Manager. Any attempted assignment or delegation by Contractor in violation of this provision shall be a breach of this Contract by Contractor. H. Subcontracts. No subcontract shall be entered into by the Contractor with any other party to furnish any of the Services or Materials specified herein without the prior written approval of the Town. The Contractor is responsible for performance under this Contract whether or not Subcontractors are used. 1. Rights and Remedies. No provision in this Contract shall be construed, expressly or by implication, as waiver by the Town of any existing or future right and/or remedy available by law in the event of any claim of default or breach of this Contract. The failure of the Town to insist upon the strict performance of any term or condition of this Contract or to exercise or delay the exercise of any right or remedy provided in this Contract, or by law, or the Town's acceptance of and payment for Services, shall not release the Contractor from any responsibilities or obligations imposed by this Contract or by law, and shall not be deemed a waiver of any right of the Town to insist upon the strict performance of this Contract. J. Attorneys' Fees. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Contract or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys' fees and reasonable costs and expenses, determined by the court sitting without a jury, which shall be deemed to have accrued on the commencement of such action and shall be enforced whether or not such action is prosecuted through judgment. K. Liens. All Services or Materials shall be free of all liens and, if the Town requests, a formal release of all liens shall be delivered to the Town. 3034225.1 14 TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT PW2018-01 L. Offset. 1. Offset for Damages. In addition to all other remedies at law or equity, the Town may offset from any money due to the Contractor any amounts Contractor owes to the Town for damages resulting from breach or deficiencies in performance or breach of any obligation under this Contract. 2. Offset for Delinquent Fees or Taxes. The Town may offset from any money due to the Contractor any amounts Contractor owes to the Town for delinquent fees, transaction privilege taxes and property taxes, including any interest or penalties. M. Notices and Requests. Any notice or other communication required or permitted to be given under this Contract shall be in writing and shall be deemed to have been duly given if (1) delivered to the party at the address set forth below, (2) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (3) given to a recognized and reputable overnight delivery service, to the address set forth 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 ROSENF'ELD P.L.C. One East Washington Street, Suite 1600 Phoenix, Arizona 85004-2553 Attn: Andrew J. McGuire If to Contractor: Attn: or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received (1) when delivered to the party, (2) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (3) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party's counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. N. Overcharges by Antitrust Violations. The Town maintains that, in practice, overcharges resulting from antitrust violations are borne by the purchaser. Therefore, to the extent permitted by law, the Contractor hereby assigns to the Town any and all claims for such overcharges as to the goods and services used to fulfill the Contract. O. Force Majeure. Except for payment for sums due, neither party shall be liable to the other nor deemed in default under this Contract if and to the extent that such party's performance of this Contract is prevented by reason of force majeure. The term `force majeure" means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Without limiting the foregoing, force majeure includes acts of God; acts of the public enemy; war; riots; strikes; mobilization; labor disputes; civil disorders; fire; floods; lockouts, injunctions -intervention -acts, or failures or refusals to act by government authority; and other similar occurrences beyond the control of the party declaring force majeure which such party is unable to prevent 3034225.1 15 TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT PW2018-01 by exercising reasonable diligence. The force majeure shall be deemed to commence when the party declaring force majeure notifies the other party, in accordance with subsection 3.14(M), of the existence of the force majeure and shall be deemed to continue as long as the results or effects of the force majeure prevent the party from resuming performance in accordance with this Contract. Force majeure shall not include the following occurrences: 1. Late Delivery. Late delivery of equipment or materials caused by congestion at a manufacturer's plant or elsewhere, an oversold condition of the market, inefficiencies or similar occurrences. 2. Late Performance. Late performance by a Subcontractor unless the delay arises out of a force majeure occurrence in accordance with this Subsection 3.14(0). Any delay or failure in performance by either party hereto shall not constitute default hereunder or give rise to any claim for damages or loss of anticipated profits if, and to the extent that such delay or failure is caused by force majeure. If either party is delayed at any time in the progress of the Work by force majeure, then the delayed party shall notify the other party in accordance with Subsection 3.14(M) and shall make a specific reference to this Section, thereby invoking its provisions. The delayed party shall cause such delay to cease as soon as practicable and shall notify the other party in writing. The time of Substantial Completion or Final Completion shall be extended by written Contract amendment for a period of time equal to the time that the results or effects of such delay prevent the delayed party from performing in accordance with this Contract. P. Confidentiality of Records. The Contractor shall establish and maintain procedures and controls that are acceptable to the Town for the purpose of ensuring that information contained in its records or obtained from the Town or from others in carrying out its obligations under this Contract shall not be used or disclosed by it, its agents, officers, or employees, except as required to perform Contractor's duties under this Contract. Persons requesting such information should be referred to the Town. Contractor also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of Contractor as needed for the performance of duties under this Contract. Q. Records and Audit Rights. To ensure that the Contractor and its Subcontractors are complying with the warranty under subsection 3.14(R) below, Contractor's and its Subcontractors' books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Contract, including the papers of any Contractor and its Subcontractors' employees who perform any Work or Services pursuant to this Contract (all of the foregoing hereinafter referred to as "Records"), shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit (1) evaluation and verification of any invoices, payments or claims based on Contractor's and its Subcontractors' actual costs (including direct and indirect costs and overhead allocations) incurred, or units expended directly in the performance of Work under this Contract and (2) evaluation of the Contractor's and its Subcontractors' compliance with the Arizona employer sanctions laws referenced in subsection 3.14(R) below. To the extent necessary for the Town to audit Records as set forth in this subsection, Contractor and its Subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the Town shall have access to said Records, even if located at its Subcontractors' facilities, from the effective date of this Contract for the duration of the Work and until three years after the date of final payment by the Town to Contractor pursuant to this Contract. Contractor and its Subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this subsection. The Town shall give Contractor or its Subcontractors reasonable advance notice of intended audits. Contractor shall require its Subcontractors to comply with the provisions of this subsection by insertion of the requirements hereof in any subcontract pursuant to this Contract. 3034225.1 16 TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT PW2018-01 R. E -verify Requirements. To the extent applicable under ARIz. REV. STAT. § 41-4401, the Contractor and its Subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E -verify requirements under ARIZ. REV. STAT. § 23-214(A). Contractor's or its Subcontractors' failure to comply with such warranty shall be deemed a material breach of this Contract and may result in the termination of this Contract by the Town. S. 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. T. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Contract, the IFB, the Scope of Work, any Town -approved Purchase Order, the Price Sheet, any Town -approved Work Orders, invoices and the Contractor's response to the IFB, the documents shall govern in the order listed herein. Notwithstanding the foregoing, and in conformity with Section 2.1 above, unauthorized exceptions, conditions, limitations or provisions in conflict with the terms of this Contract (collectively, the "Unauthorized Conditions"), other than the Town's project -specific quantities, configurations or delivery dates, 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 Contract shall not alter or relieve Contractor from, nor be construed or deemed a waiver of, its requirements and obligations in the performance of this Contract. U. Non -Exclusive Contract. This Contract is entered into with the understanding and agreement that it is for the sole convenience of the Town of Fountain Hills. The Town reserves the right to obtain like goods and Services from another source when necessary. V. Cooperative Purchasing. Specific eligible political subdivisions and nonprofit educational or public health institutions ("Eligible Procurement Unit(s)") are permitted to utilize procurement agreements developed by the Town, at their discretion and with the agreement of the awarded Contractor. Contractor may, at its sole discretion, accept orders from Eligible Procurement Unit(s) for the purchase of the Materials and/or Services at the prices and under the terms and conditions of this Contract in such quantities and configurations as may be agreed upon between the parties. All cooperative procurements under this Contract shall be transacted solely between the requesting Eligible Procurement Unit and Contractor. Payment for such purchases will be the sole responsibility of the Eligible Procurement Unit. The exercise of any rights, responsibilities or remedies by the Eligible Procurement Unit shall be the exclusive obligation of such unit. The Town assumes no responsibility for payment, performance or any liability or obligation associated with any cooperative procurement under this Contract. The Town shall not be responsible for any disputes arising out of transactions made by others. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 3034225.1 17 EXHIBIT A TO INVITATION FOR BIDS NO. PW2018-01 [Scope of Work] See following pages. 3034225.1 SCOPE OF WORK Wash and Dam Maintenance PW2018-01 1. Work Sites. 1.1 Primary work areas (the "Work Site(s)") will be shown on a map which will be provided to the Contractor by the Department Representative. 1.2 The Work Sites will determined by the Public Works Department. 1.3 Six earthen dams will be maintained, depending on State -required inspections. 1.4 Work Sites are topographically steep and subject to adverse conditions including rattlesnakes, scorpions and other desert wildlife. 2. Work to be Performed. 2.1 Cut vegetation. A. Tree canopies are to be cut four feet off the ground. B. Salt cedars, desert broom and all dead trees are to be cut down to six inches above the ground. C. All culvert inlets and outlets will be clear-cut fifty feet from the culvert. D. Native trees and shrubs shall remain, but will be maintained as stated in this Scope of Work. These include, but are not limited to: 1. Mesquite. 2. Cottonwood. 3. Palo Verde. 4. Creosote. 5. Willow. 6. Brittlebush, bursage and other native desert plants. 7. Pampass grass. E. Prune dead wood portions of trees that remain. 3034225. F. Remove any vegetation that the Department Representative determines would restrict drainage. 2.2 Chipping. A. Native trees shall be broadcast chipped in place. B. All cut vegetation must be chipped using a chipper. C. Chips are to be spread evenly along the slopes of the wash; not exceed four inches. Piling of chips is prohibited. D. No material can be left in the flow line of the wash. 2.3 Remove and haul off all trash and items that cannot be chipped. 3. Equipment. Contractor will supply all necessary equipment and tools to perform the Services, including, but not limited to: 3.1 Chipper. One trailer -mounted, commercial/industrial grade chipper with a minimum of 35 hp, that is capable of handling at least an eight inch trunk limb. 3.2 Truck to transport the chipper, workers and tools into the wash. The truck should be a minimum of 1 -ton, 4 -wheel drive. It must have a towing setup to move the chipper from one Work Site to another. 3.3 Chain saws. A minimum of six chainsaws are required. Additional chainsaws may be needed in order for three to be cutting at all times. 3.4 Miscellaneous hand tools. Hand tools shall include, but not be limited to: A. Shovels. B. Rakes. C. Hand saws. D. Pruners. E. Loppers. F. Picks. G. Rope, chains and other equipment for dragging materials. 3.5 Gas, oil and replacement parts for equipment and tools. 3034225.1 2 3.6 Any necessary trash bags will be supplied by the Town. 4. Requirements. 4.1 The Services will be performed for 80 days, from October through February. 4.2 Work time will be Monday through Friday, 7:00 a.m. to 3:30 p.m., with a half-hour lunch period. Travel time is not included; work hours start when workers are at the Work Site. 4.3 Contractor must provide eight physically capable, competent workers at least 18 years of age. 4.4 One of the workers shall be designated and appropriately trained as the foreman of the crew who will be at the Work Site at all times to supervise the workers and direct the Services to be performed. The foreman will also be Contractor's representative, who shall have full authority to receive communications for and act on behalf of Contractor. 4.5 The foreman and at least one other worker shall be fluent in reading, writing and speaking English. 4.6 The foreman must be equipped with a cell phone at no cost to the Town. 4.7 All workers shall be appropriately dressed and equipped with safety gear. Attire shall include sturdy work boots and long, heavy-duty pants. Appropriate safety gear may include, but not be limited to, ear plugs, chain guards, goggles, chaps and leggings. 4.8 Any worker not satisfactorily performing the Services is subject to dismissal by the Contract Administrator. 4.9 Non -workers, including spouses, children or pets, will not be allowed at the Work Site. 4.10 Contractor shall supply drinking water and portable toilet facilities. 4.11 Contractor will be paid as follows for rain -out and flood -out days: A. Two hours pay for showing up, but unable to work. B. Four hours pay if crew worked longer than two hours. C. Eight hours pay if crew worked longer than 4 hours. 4.12 Personal vehicles shall be parked at the south end of the Town Hall parking lot, or as otherwise designated by the Department Representative; they must not be driven into the Work Site. 4.13 Any associated landfill fees are Contractor's responsibility. 3034225.1 3 4.14 Where appropriate, all provisions of MAG, Section 105.5 will be applicable. 4.15 Contractor's failure to provide the specified number of capable workers, equipment, or hand tools will result in reduced payment. Continued or repeated failure will result in dismissal by the Contract Administrator. 3034225.1 4 EXHIBIT B TO INVITATION FOR BIDS NO. PW2018-01 [Price Sheet] See following page. 3034225.1 PRICE SHEET Wash and Dam Maintenance PW2018-01 NOTE: All pricing blanks must be filled in. Empty or unfilled spaces in the Bid Price Sheet shall result in a determination that a Bid is non-responsive. Description Quantity Unit Price Per Day* Extended Price* All-inclusive price (workers, equipment, tools 80 Day $ $ and fees) to perform wash and dam maintenance * BIDS ARE PRESUMED TO INCLUDE ALL APPLICABLE TAXES. 3034225.1 EXHIBIT C TO INVITATION FOR BID NO. PW2018-01 [Subcontractor Listing] See following page. 3034225.1 SUBCONTRACTOR LISTING Wash and Dam Maintenance PW2018-01 Provide the following information in a separate, sealed envelope, clearly marked "Subcontractors Listing." Failure on the part of the Bidder to complete or improperly complete this form will constitute sufficient cause for rejection. List only a single name for each category. Subcontractors listed herein shall be utilized on this Project. Category Subcontractor 3034225.1 EXHIBIT D TO INVITATION FOR BIDS NO. PW2018-01 [Licenses; Certifications; DBE/WBE Status] See following page. 3034225.1 LICENSES; CERTIFICATIONS; DBE/WBE STATUS Wash and Dam Maintenance PW2018-01 Attach a copy of your Contractor's License to your bid submittal. Attach a copy of your Town of Fountain Hills Business License to your bid submittal. Attach a copy of your Arizona Transaction Privilege Tax License Has your firm been certified by any jurisdiction in Arizona as a minority or woman owned business enterprise? Yes No If yes, please provide details and documentation of the certification. 3034225.1 EXHIBIT E TO INVITATION FOR BIDS NO. PW2018-01 [References] See following page. 3034225.1 REFERENCES Wash and Dam Maintenance PW2018-01 Provide the following information for three clients for whom Bidder has successfully completed similar projects as set forth in Section 2.16 within the past 60 months. Failure to provide three accurate and suitable references will result in disqualification. Bidder may also attach another sheet with additional references. 1. Company: Address: City/State/Zip Code: Contact: Telephone Number: Date of Contract Initiation: Date of Contract Expiration: Project Description: Contract Value: $ Annual Amount: $ 2. Company: Address City/State/Zip Code Contact: Telephone Number: Date of Contract Initiation: Date of Contract Expiration: Project Description: Contract Value: $ Annual Amount: $ 3. Company: Address City/State/Zip Code Contact: Telephone Number: Date of Contract Initiation: Date of Contract Expiration: Project Description: Contract Value: $ Annual Amount: $ 3034225.1 EXHIBIT F TO INVITATION FOR BIDS NO. PW2018-01 [Bid Bond] See following page. 3034225.1 1:�1�7:T�]►1�7 Wash and Dam Maintenance PW2018-01 KNOW ALL PERSONS BY THESE PRESENTS: THAT, (hereinafter called Principal), as Principal, and , a corporation organized and existing under the laws of the State of with its principal office in the City of , (hereinafter called the Surety), as Surety, are held and firmly bound unto the Town of Fountain Hills, (hereinafter called the Obligee) in the penal sum of Ten Percent (10%) of Bid Amount, (Dollars) ($ ) lawful money of the United States of America, to be paid to the order of the Town of Fountain Hills, for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents and in conformance with A.R.S. Section 34-201. WHEREAS, the Principal has submitted a bid/proposal for: NOW, THEREFORE, if the Obligee accepts the proposal of the Principal and the Principal enters into a Contract with the Obligee in accordance with the terms of the proposal and gives the Bonds and Certificates of Insurance as specified in the Standard Specifications with good and sufficient surety for the faithful performance of the Contract and for the prompt payment of labor and materials furnished in the prosecution of the Contract, or in the event of the failure of the Principal to enter into the Contract and give the Bonds and Certificates of Insurance, if the Principal pays to the Obligee the difference not to exceed the penalty of the Bond between the amount specified in the proposal and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by the proposal then this obligation is void. Otherwise it remains in full force and effect provided, however, that this Bond is executed pursuant to the provisions of Section 34-201, Arizona Revised Statutes, and all liabilities on this Bond shall be determined in accordance with the provisions of the section to the extent as if it were copied at length herein. The prevailing party in a suit on this bond shall recover as part of the judgment reasonable attorney fees that may be fixed by a judge of the Court. Witness our hands this day of 20 Principal LM Surety Agency of Record 3034225.1 Seal Seal EXHIBIT G TO INVITATION FOR BIDS NO. PW2018-01 [Acknowledgments of Addenda received] See following page(s). 3034225.1 CAIN TOWN OF FOUNTAIN HILLS tp Z TOWN COUNCIL AGENDA ACTION FORM Meeting Date: 101312017 Meeting Type: Regular Session Agenda Type: Regular Submitting Department: Public Works Staff Contact Information: Justin T. Weldy, jweldy@fh.az.gov, 480-816-5133 REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF approving the first Amendment to Cooperative Purchasing Agreement 02017-045 between M. R. Tanner Development and Construction, Inc. and the Town of Fountain Hills for asphalt replacement and miscellaneous work in an amount not to exceed $2,500,00.00. Applicant: NA Applicant Contact Information: NA Owner: NA Owner Contact Information: NA Property Location: Zone 1 Pavement Management Area Related Ordinance, Policy or Guiding Principle: NA Staff Summary (background): In 2013 Town Council passed Resolution 2013-02 approving the Pavement Management Program. The Zone 1 Pavement Management Area is currently scheduled for pavement maintenance. Due to the age and conditions of the roads in Zone 1 staff has determined that certain collector and residential streets will require the top layer of asphalt to be replaced. Due to budget limitations additional mill and overlay in Zone 1 is anticipated to be completed in FY2017-18 and slurry seal in FY18-19. Risk Analysis (options or alternatives with implications): The proposed mill and overly is required to preventmore costly repairs in the future. Fiscal Impact (initial and ongoing costs; budget status): 2,500,00.00 Budget Reference (page number): 285 Funding Source: Highway User Revenue Fund If Multiple Funds utilized, list here: NA Budgeted; if No, attach Budget Adjustment Form: ISA Recommendation(s) by Board(s) or Commission(s): NA Staff Recommendatiorl Staff recomends approval of the First Amendment to Cooperative Purchasing Agreement 02017-045. List Attachment(s): FY17-18 Map, Contract 02017-045 SUGGESTED MOTION (for Council use): Page 1 of 2 Page 2 of 2 CONTRACT/GRANT INFORMATION SHEET - AMENDMENT Date: 9/14/2017 Staffs Name: Paul Mood Department: Public Works Vendor's Name: M.R. Tanner Dev. & Construction I Vendor Number: 1457 Address: 1327 West San Pedro. Gilbert AZ 85233 Phone:480-533-8500 Received_ W9:❑ Y ❑ N Z ALREADY IN SYSTEM Business License #t: 96 Exp. Date: 11/30/2017 ACCOUNTING SUMMARY Org Object Project/# $ Accounting Code: STPAVE 5276 Total # of Renewals Max: 2,500,000 Accounting Code: Does this Contract put it over $30,000 Z Yes I ❑ No Contract Beginning Crate: Accounting Code: Contract Expiration Date: 1/22/2018 Budgeted Expenditure: ❑ Yes TBD(used for variety of different things/departments/funds): Choose an item. 285 Approved by Council: Z Yes; Date: 10/3/2017 CONTRACT SUMMARY Contract Number Assigned-, 02017-045 Contract Tota I: $ 2,5000,000 Brief Description of Service: Asphalt Mill & Overlay If Renewable: #1 Total # of Renewals Max: 2 FY Cumulative Vendor Totals: Does this Contract put it over $30,000 Z Yes I ❑ No Contract Beginning Crate: 10/3/2016 Contract Expiration Date: 1/22/2018 Budgeted Expenditure: ❑ Yes ❑ No Budget Page M 285 Approved by Council: Z Yes; Date: 10/3/2017 ❑ No ❑' N/A Insurance Certificate provided: ® Yes ❑ No ❑ N/A Warranty Period: ❑ Yes Z No If Yes, expires Click here to enter a date. Estimated Start Date: 10/3/207.7 Estimated Completion Date: 1/22/2018 GRANT SUMMARY Paid for by Grant: ❑ Yes No Name of Grantee: Grant Number Assigned: Resolution Number: Date Council Approved: Revised 4/28/15 Clontdaic7l No. C20117-045.1 "'10113DIDMII. BETWEEN THE TOWN OF M UINTAIN HILLS AND M. R. TANNER DEVELOEMIEN111 AND CONSITRUCTIC Nl, INC. THIS FIR911 A MEN EIIM EN T 11C CC OPERATIVE PU RCIHA SING A GRBE.MENT (this "Hirst Amendment") is anterled into as c f Clcatobor 3, 2017, betwlean th-c Towr of Fountain HiUs, an Aiiaona municipal corporation (thea "'Town"), ark M. R. Manner Develcapmenl and Construationl, Ina., an Ariaanai aclrparatian (thea "Cbritraator"). RECI'HALS A. After a caclmipetitiva pracawiement process, the City of Chandlear ("Chand.lor") entered in110 Contrast No. 9119- 451.34 7€1, dared February) 1?I, 20115, as amaeandad by Amendment Nwnt or C no, dated January) 22, X11 F , and A mieridm ent Number Two, dated January 19; X117 (caol:Ieclivelly, the "'Chandler Clcantdact"), fall the Contractor to provide ,itleel replasamonl act aspli a 11 mill and overlay. A aopy ofl Amendment Number T%io is attalcheac hlaretca as E xhi bit 1, and incorplaratoC hlerein by rafbrenca. B. The Zlown and the Clantrasloi entared :into a Cooperative Flwchasing Agreameant dated September 151, a CI 1 f (the "Agraeamearat"), lased uplcar the) Chandler Contract, fbr tha Contractor to provide the Town with street raplaciomearA and asFhall mill and overlay (tt o "Malerfals and 9arvicesi"). All aapitalliaed terms noel otherwise dafined in this Flirsit Arrandmant hame the samae meaanings as acuvlainad in thle Agreament. C. Me Town blas detenninec that additi ons 1 M aateari a:1 si and Servisas by t1e, Contrac7or ane necessary) (the "Additional Maatelrials and 9arviceis"). D. THe Zlown and the Conitractcar desira to enteu into this Hirst Amendment to (i) axtend the term) of the A V eernont and (ii; provides fbr the incrieasea in aamapensatllon to the Cond acl or f tar tho A c d ltional Materials and 9 arviceisa. AGREEMENT NOW, =REFCRE, in consice Talion of thea foregoing :inttoductian and maitahi; whiah ane incorporated heroin by referiencaea, the fo.1lowing mutual cavanats and conditions, and othellr glacad and valuable cor.Iskbration, 1t1e receipt ark mifficioncy ofIwhicatl are hlerebyl acknow.ladged, the Town and the Clon7ractarl hereby agrea as fol'lcavws: 1. Term of the Agreement. Thei lerrr of the Agreement isi hereby extended ar.id sHall remain in full ftarcaa and effeal until January 22, 2010, unless terminated ars otherwise providad puaisuant to tlx tarm!a and caondltlans cafItho Agreement. 30711298.1 2. Compensation. The Tawn shall increase the compensation to C antiaclor by 12,510(11,000.0(1 fol the Additional Materials and Serviaes at thea rales set forth in the Chandler Contract, resulting in an inereiase oft the aggregate nal-to-emcieied compensation frarn $1,1516,753.59 to $4,296,1-I-I.3SI. 3. Effliat of A m endmant. In all ether reispocits, th o Agraemant is affirmed and ratifieic and, oxcepi as cixfIrassily modiflad heirein, all tarmis and conditions of the Agreament shall rema.'n in full force and effecl. 4. Non-Defliult. By exeauling this Hirst Amendment, thea Contractor afl;rrmalivialy as.ierts that (i) tHa Tllown is not currantly it defailt, nor has been in dafaull at any time pr'or to this Hirst Amendmenil, under any cif thea temui on conditions of the Agileament and (ii) any and all claims, known and unknown, ralatird to the Agreerrent and existing on or befbw the dale cif this First Amendment are foreiver waMi . _`I. Clanfllicil afI llnlenest. This First A.mandmenl and the Agraemanl may be cancel ed by thea Tawn pursuant to ARiz. REv. STA T. 38-`. 11. [SIGNATURES G114 FOLiJ O -MING PAGES] 3071208.1 2 IN WIT1\ E S S Vhf IEREOP, the pan tii cis hlcireto h� ve axecul ed tt is instrum ant as of the data and year first sat ford; abowi. "Town" TC WN OF FOUNTAIN Hl LILS, an Arizonas municipal oorparaticin Cil ady E. M filler, T awn M anagen AT'"EST: Bclve:lyn J. Bender, 7lciwr. C lerk (ACKI\OWLEILIGN ENT) SIP TIE OF I AR] 21ONA COUNTY OF MARICIOAA ) On _ , 2017, befona mei personally appaarcid Grady E. Miller, tte Town Maniagcui of the 7IOWIN OF FCUNTA.IN HILI S, ars Arizona muxi aipal corporation, whose idont.ity was provani to mei on tha basis afl ut: sfkatory avidcncie to be the person whlo he caaims to be, and ackdowledged that he signed the aibava document, on behalf of the Town cif Fountain Hill'. N cit ary Pubo i c (A ff x notar}1 seal hbra) 071298.1 "Contractor" M. R. TANNER DEVELOPMENT AND CONSTRUCTTO INC., an Arizona comp ati . w Name: Alan Evans Title: President (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On September 14 , ?017, before me personally appeared Alan Evans , the President of M. R. TANNER DEVELOPMENT AND CONSTRUCTION, INC., 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. OFFICIAL SEAL CANDY BAKER j NOTARY PUBLIC - State of AftoM W,RICOPA CODUNTY My Carom, F,xpree Fekxuery 19, 42C2R (Affix notary seal here) 3177129&.1 4 (2� Notary Public ENIHIEIl I 'IIC AIRST AME NDNIBN T 'IC CC OPIERATIVE FUR CHASINGI AGREEMENT BETWEEN WE TOWN OP FCUNTAIN HILLS AND MI. R. TANNER E EVELC FIMEN1 AND C ON E17HRUCT]ION , INC. [Ameindmenil Number Two] Sete Billowing page. 3071298.1 AMENDMENII NUIMBER TWC, rK 1110 AGRE13MENTI BETWEEN 111H CIITY OF GHAN®LHR AND 1 MR 1ANNEIIAII C EVELOPMENT & CIONEITFIUC111ON, INC. EITRE Ell REIPLAC EMENT & AS PHALT MILL & INLAN AGREEMENT NO. SI715-745-34178 "j' This Arrl®ncmerll No. 2 lo ITalt certain Agreement between the City of CItandler ijCITY) and MR TAINNEIR DEVE IJOPMENT 81 C ON STRUCI7IION, INCI. QC oriiraator; for Slreei Re cement & Asphalt Mill 8 Inlay dates, February 13, '91319 aric is einterec into this --V� C Ely o11 2019. WHEREAS, the parties entered inia an A£1reerrlalrt far one year with pro%isions 10 elxlend fcl four (4,1 vc c iticlnai Terms of one year eacit. This is the second renewal apiion. P CIW TIH EIRE:F ORE, the gartle.l agre a as Ioilows: 1. Election 4 ail the Agreement, as amended, Rricel, is taneby amelrlded to pro%ide Thal CITY cihall pay to CONIIRACTC RI in an amount not lo exceed STEVEN MILLION. 11HREE HUNDRED TWO THOUSAND, TI-IFEEI HUNDRED 11-1IIFITY DOLLARS ($7,302,c13C1, . 2. Section ; of the Agreerrlen'I, as amended, exterid;l the) tetra) of 1he agreement fan EI one- year period frarn .1 anL ary 23, 201711 hrou g h , ant. aryl 22, 2018. cl. All other terms, ciclricitionls and i:16cincl of It e at cve iefenenceic Agreement shall remain L nchanged and in full force) ant effect. IN WITNESS WH ER9CIfl, th ei partie J ` ubacribed their names ih is c Ery of 20'10F �v Q R�9 4 el C14 CIFCHAND)ER: �; SEAL W TRAC By: _ _ APPROVED p S TO FORM: C k I A tilomey A TTE S-1 : CI'rty Clerk ISEALI 'X2 Alan ATTIE SITU: 11' corporation) Se(I11etG1ryl KeivinPaa11 \N11NESE : ilif individueil or Flartnership) TOWN OF FOUNTAIN HILLS TOWN COUNCIL W AGENDA ACTION FORM Meeting Date: 10/3!2017 Meeting Type: Regular Session Agenda Type: Regular Submitting Department: Community Services Staff Contact Information: Rachael Goodwin, 480 816-5136, rgoodwin@fh,az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF of APPOINTING one (1) citizen to serve on the Community Services Advisory Corru-nission for the remainder of a one-year term begim-ling on October 3, 2017 and ending on December 31, 2018 Applicant: Applicant Contact Information: Owner: Owner Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: Town Council Rules of Procedure 2014-9, Resolution 2014-28 CSAC By-laws Staff Summary (background): The Community Services Advisory Commission by-laws state that a successor needs to be appointed in the vacancy of a Commission Member. There is one Commissioner vacancy on the Commission with a term that ends on December 31, 2018. Staff published a request for applicants in the Fountain Hills Times newspaper on August 23, and August 30, 2017. Staff also pasted on the boards at the Community Center and Town Hall. The request for applicants was added to the Town's website. A Sulo Committee met and interviewed candidate to fill this postion. Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs; budget status): Budget Reference (page number): Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): Staff Recommendation(s): List Attachment(s): Page t of 2 SUGGESTED MOTION (tor council use): Move to APPOINT to serve on the Community Services Advisory Commission for the remainder of a one-year term beginning on October 3, 20117 and ending on December 31, 2018. Prepared by: NA 8/212017 Director's Approval: ac ae oowar: ommunity ervices irector 9 0 2 7 Approved: Jj ' L� r Grady E. Miller, vm anager 9120/2017 C__� Page 2 of 2 (01 AN�� TOWN OF FOUNTAIN HILLS n TOWN COUNCIL c ^—� E \Z� AGENDA ACTION FORM ,� Meeting Date: 10/3/2017 Meeting Type: Regular Session Agenda Type: Regular Submitting Department: Public Works ,Staff Contact Information: Raymond Rees/480-816-5180/rrees@fh.az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF a COOPERATIVE PURCHASE AGREEMENT with Riddle Painting and Coatings Company, in the amount of $189,108,98, for the painting of buildings in the Civic Plaza. Applicant: Applicant Contact Information: Owner: Owner Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: Staff Summary (background): The community center, library and museum are scheduled to be painted as part of the reserve analysis the Town conducted in September of 2015. The last time the buildings were painted was in 2007. The 10 years since the buildings have been painted is beyond the life expectancy of paint that was applied at the time. Risk Analysis (options or alternatives with implications): Not painting the buildings will result in deterioration of the existing paint and compromise the stucco finish on the buildings, Fiscal Impact (initial and ongoing costs; budget status): $189,108.98 Budget Reference (page number): 4012 Funding Source: Facilities Replacement Fund If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): Staff Recommendation(s): Approve List Attachment(s): Mohave CPA, Contract # C2018-040 and staff presentation SUGGESTED MOTION (for Council use): Move to approve the contract with Riddle Painting and Coatings Company in the amount of $189„108.98. Page i of 2 Page 2 of 2 Community Center (east facing view) ---Orwm , SED f 0 ity Center (north facing view) 'Ila uiip' fir � ���li�� to t Library/Museum Qwest facing view) 0 a 11 seam (northwest facing view) 4 } n r nW9W Civic Plaza Color Palette SAUTEED MUSHROOM PPG1085 Body 1 E Entry E Swiss Coffee 50YY 83/'057 Body 2 E TOASTED] ALMOND PPG1097-3 Body 3 E KANGAROO PPG1078-4 Door E Door Trim E Window Frame E Conlract No. C2018-040 CO OPHRA TIME HURICHASING AGREEMENT BETWEEN THE TOWN QE HOUNTAIN HIIJIIS AND MICHAEII L RIDDIIE HAINTING, INC. DIBJA RIDDLE PA INTING AND CC ATINGS 'IIHIS CCCPHRAf]IIVIE PURICHASING AGREIHMHN31 (this "Agrcamer.il") is entered into as of Catobar =1, 2017, belwcein the Town of Fountain Hills, an Arizona municipal aorpoliation Illhe "'➢own":, and Michaal L. Rkcle Painiling, Inc., an Ariaanai aorporallion, d/t/a Rlcdle Painiling ark Coalings (Vhe "Clanlraclor"). REIC HALI9 A. Aftar a compalitive procurement process, Mohava Hducalional Sarvlcas Claafleirative, Inc. (I"Mahave entercc into Cornlract No. If H-RII])IIH-0403, dated April 3, ](11f, as amended bN thal A grecm enV to A rr and, dated May 1 E , X1017, 4 hart Hxte insicn of C lanl racl, datac Marah 9, ICIII, thal Agraeimanl to Ameind, dallad Scfllemtem E, 2016, thal Agreieimant to Amand, dallad June 14, aQ1E, amd than Bmitension of Contract, daled Marah 16, 2016 (coalealively, the "Mohave Contracrt";, fbr the Contractor to provide axlerior/intariior paintin8 and othar coaRing applicallions. A copy of the Mohava Garilracil is atlachcc heireta as HxHbil A and incorporaRed heirein by reiferance, to the extant not inconsislenV with this Agreemenl. H. 11he Town is permiitled, pursuant lla Section 3-3-27 of Ito Town Cade, to make flurahases under the Mohavc Clanlracl, all its ciscrellion and with tha a8raemant of the awarded C lard racil or, and iI hei Mohave C lanl race pe irmiil s its coope iraitiv ei uses by othe it public and ill i es, incluc ing lha Town. G. 11he 'Hawn ar.ic the Conllracilar casire la entar into this Aglreemeint fbr the purpose of Ili) aaknawladgling thair cooperalivc contiacimaa ralallionship Llndar thea Mohava Gor.Rract and this Aglreiemiant, (ii; astab:lishing tha terms and aonditior.is by whish the Clanaaalor maN provide the Town with eixurioii/inlerior painting sarvicas, as more flawt:icularly set fbrlh :in Saclion :I Calow (1I1a "Materials ane Sarviaas"; and (viii; satting tha maximum aggreiglaite amaunl ila be axpendac pursuant to this Agreamient re:latcd to the Matariials and Services. A C RHEMEN T NCW, THHREFCREI, :in conskeirallion of tha fdraglaing intraduction arid racitaas, which are :incorporated herein 1:N reiferanca, the follawingl mutual covenants and cond:ilions, ane ether gaud and valuabla aans:ideuiation, lha rciaeipl and suffciancN of which are hareby acknowledged, the Town and the Contractor hareby agree as f6flows: 1. 'harm of Agracimen1. 31his Agreement shale ba effcictiuei as of tha dale fust set f6rih above and shall reimain in fill]. forca ane eff6cl until May ICI, 2018, unless tcrmiinated as olharwisa flravided in this Agraemant oli thea Mohava Contract. 3066178.1 2. 9caope oft Work. Cor.ilraalor shall provides to ilhei Tawn ilhei Mateirials and Services under Ita terms and caonditions c&Ihe Mohavca Conlraat and as more parlicauilar.iN seat fortl in ilia Qualation attached hercalo as Exh'bit 13 and incorporated harein by rafdrencaa. 2.1 Inspaction; Aaaeptar.ice. All Maleriials arae Serycies area siubjcact to final inspeal ion and acaceap1lanaca by Ila'➢awn. Mailearials failing ala conform to the raquiiremientss oflthlsi A graernant and/or It a Mohavca Conlracal will be held al Contractor's rusk and maN be raturnec to thea Contraator. Ifl so reaturnec, all aosts are the reasponsibiliIN of thea Contractor. Upon discaavary of nein-aonform ng Mateariiaas ar Servicaas, the Town may eleal Ila do any or all oflthe folaawing by wriVen noticca to 1I1a Contractor: (i) waive ilha non-conformance; (i:i; slop thea wark immadialely; or (:iii) lriing Malarialss or Serv:icae into aamipl:iancca and willhhold tha asst of ssama from any paymiants dua ilo thea C onilracilar. 2.:I Canaallaticn. The Town reservcas the right to caanaal Work Orders w:ilhin a reasonaible pleariod afltimia after issuancaa. Slauild a Work Crdeir bca cancaelad, the down agreas to re:imibursa ilha Conilractar, but only for actual and documaralab:la aositsi incurred IN the Cor.atraator due ilei and aftear issuance U ill a Work Crc ear. Thea Town will not reimburse thea Conlracator for any acisits inauinaad afilear vaccaipt of Town raaliaa oft aanaallation, ar for :Icisil profilss, shipmant of producll prior Io :issuanaci of Work Ordor or for anything not expressly pcarmsittled pjursuanl to this A graemiant. 3. Compensalion. 11hea Town shall paN Contraator aro amiciural not to excaed $189,1(18.98 for thea Materials and Services at the rates sat foreh in thea Mahave Contract and asi mora parliaularlN seit forth in Iha Quotation. 4. Paymeanls. The 'flown stall pay the Contracrtor monilhly, basin upon aaccaplancae and delivary aflMateariials and/or 9cinficcis parformeac and comp.1citod to data, and upon ssuitmiission and approval of invoices. Hach :iravciice shall (i) aanla:in a reafereancae to (hiss Agreaeimearal and Iha Mal ave C onl racil and (i:i; c oaumenl and itemize all work comp] eil ad to dale. Thea invoicaa staileamciral shall inalude a reaaovd cif mateariials delivered, timei expended ane work performad in sufficient detail to jusitifN paNrneml. AdditionalIN, invoicaess submitted withoull reifcirenaing lhis Agreiemeint and the Mohavei C onlracil will be ssul jeal la rejeal ion and may bci returned. 5. Reacirdsi and Audit Rlghls. To ensuve thal the Conilractar and its suitcaontmators are aamply:ing with the warranty under 9ciction 6 Calow, Contracalor's and ills sulcaontracators' books, reaarc s, corresipondenae, aacounting pvocedures and pracat:icaes, ane any other suppor ing evidence relating to this Agrocimeral, including the papers oft any Contractor and its subcaontracrtors' employecis who porftirmi any work or ssciniices pursuant to ilhiss Agraemeant I1all of the foragaing heireinafter refcirred to as "14ecords"), shall tei cipein to inspecilion and subjecl Io audill and/or reaproduc,lion during normal wovking hours by the 'flown, to the exlent neccissary to adequateIN parmit (1) evaluation and veriificalion of any invoiaes, paNmienlls or alaimis tasad on Cantracator's and its subaanttacalors' aawal costs (including direal and :incireal aaslls and aveirheac allaaalions; inauiniead, ar units aNpeinded direally in the peirformancae of work undear ilhis Agrcaeimeral and (Iii; evaluallion oft ilha Coralracalor's anc :its subcontractors' compliancaa with thea Ar -.'zona campaaNcir sanalionss laws refcuaenaad in 9ciat:ion 6 below. 'Ila thea exileint neccissary for thea down to audit Recaovc s as set forth in this 9action, C onlraclar and itsi subaanlracalors hereby waive anN rights to kciap such Reams caonfidential. For the purpose of malualing or veirify:ingl 3066178.1 �I such aciwa:l or alaimed costs or units expanded, the Town shall hava access to said Racords, even if located all its subconVnacVors' f6ai:lit:ias, from the clffbcllive date oft this Agreement for tha curation of the work and until thrcla yealis after the date oft final paymcril by iIlei Town to C arilraalor pursuaml to this Agreclmenl. Contractor and its subcontractors shall pravida the Town w:ilh adequale and appropriate workspace sa thal the Town can conduct audils in aomiplianaa wilh tha pliovisions of this Sacilion. 'the Town shall dive Contractor or :its subcor.itracrtors raasonabla acuanccl notica of intendcid audils. Conilractar shall raquire its subcontractors to aomply with tha prauisions aft this 9ect:iori tN insarlion of 41a requirclmenls haliaof in any subcor.ilracl pursuant lla this Agraemant. E . E-veriiN Rcqui rem ants. To the ext ant appal i cat 1 e under A Rlz. MV. STAR § 4;1- 44(11, 1 h Contractor and its subcontralators warrant compliance with all f& ara.1 immigration laws and regu;latioris that relate lla their cimiployees and 41 air compliariae with 41 a E -verify liequireimenls Lndar ARiz. Rlllvl. STAT. �J 23-314(IA). Contractor's or :its sutcorilraclors' failure to comply with sucl warranty shall ba declined al malerial breach afllhis Agliaemiant and may resu:ll in the terminal ion oflthis Agraemant t tha Town. 7. Israel. Contractor ccrlif els that it is not ciurrant.IN engaged in, and agrees for lit a duration of this Agreemient 1hall it will not angage in a "boyaotll," as Ihat lermi is dafined in AR121. REV. THAT. Fl 35-3SI3, of4sliael. 81. Conflict of Interclsl. This Aglieerrunt may be cariae:lad by Ihe'lawn pursuaml to A R1z. RIM. THAT. 38-5:1 :I . 9. Applicable Jaw; Vlenua. This Agrcelmcril shall be governcc by tha laws of illa S1ala of Arizona ane a suill pertaining to this Agreamenl maN ba brought only in coups in Mariaogla Claunly, Arizona. 10. Agraemant Subject Ila Appropriiatian. 'Dha Town is ob.ligatcld only to pay its obl:igat:ians sat forth in 4his Agreement as maN :lawfully be mica fiiomi fLlnds appropriatad and budgeu ad for thal pL irglose during 1 he Town's 1 hen current fi saa1 N clar. 'lha Town's at 1 igal ions under this Agreamienl are aurrant expanses subjecit to Vha "budgel law" am the unfeltcrad higislailive discretion of the Town conaarning budgaled glLrglases and appropriation of finds. ShaL Mill a'lown elact not to aplpropr atcl and tuc glen funds to paN its Agreamenl ob:ligailions, this Agraemant shall be c clemad terminalad al thci end of the then-cunieint fiscal yciar tarm for wh:iah such funds walia appropriates and budgetad foli such purposa and tha Town shall to relievad of any subselquenil abligalion under this Agreamenl. 'lha parries agrael thal tha Town has no obligation ali duty oft good fbiith to budged ori appropriate the paNmient aft the'lown's of ligalions seat forth in this Agpieiemant in anN tudgcit in anN fiscal year other Than thci fiscal Near in which this Agraemunt is executed and dclliverad. The Town shall be ilha sola judge and aiulhoritN in detarm:ining the availability oft funds for its obligations under this Agreeimcinl. Mei Town shall keep Clanlraaloli informcc as to the mailability of funds fcir this Agrclamcrit. 'the obligation of the 'flown to make any pa}lmienil pursuanl to Vhis Agreclmenl is not a ganeral obligation or indetladness of Iha '➢awn. Contractar hereby waives any and all rights to tring aril claims aga�nsl tha Town fromi or relating in any way to tha Town's termiinallion of this Agreamenl pursuard 10 4t is seal ion. 1066111.1 H. . C onf, iciling Tarmis. In tha avent of ariN inconsistently, cianfliat or amt iguiVN among Ito Vorms of 4t is Agraomant, any Town-approvac wark circcirs, Vho Mohave Contracrt and invoiacis, tha documants shall govarn in Vhci olidor listed heroin. Notwithstanding the fbragoing, and in conformity with Section a above, unauthorized axcelltions, canditicins, limitations cir provisions in confl:icrt with tha tarmis of this A graemant ar tha Mohave C ontract (aollecrtivaly, tha "Unauthorzed Conditions"), either than the glawn's projact-specific raClUirerrionts, are axpross:lN daclared void ane shall be oflr.io forcci and affect. Accciptanco by the 'flown oflany work order on ;invoiaa containing any such Unaulhorizad Conditicins ar fai:lura to camanc fill complianco wi:ll lit terms and condit:iciris scat fbrih in this Agreciment or undar tha Mcitave Cantraat shall not altar such tarmis and conditions or reliove Contracrtor flrom, nor be construed or daotnad a waivar ofd its requirements and abligalions in tha performanca of this Agreement. 11. Rights and Priv:ilegas. To the extant providac undar tha Mohava Contract, tha Blown shall to afforded all of the righlls and privilegas aflbrdac to Mohava and shall ba "Mohava" Ilas dafined in the Mohava C onlracV; frir the purposes of the portions of the Mohava C onlracil :It at are inciarllarated heroin t y referarice. 1:1. lndamnifcallion; Insuranaa. In acciticm to and in rice waN ]uniting the provisions set forth in Saction 12 above, tha "Down shall ba affbrdad all of tha insuranaa ccivoraga ane indomnifiaations afforded to Mohava lia tha axtent provided under the Mahave Contract, aric such insuranaa aovarage and ;indo=ificalions stale inura and apply will equal ciffeat to tha 'flown uric or this Agraclmant including, but not limitcc to, the C onlracilcm's of ligation tci provida Ota indemnification and insurance. In any evarit, tha Contractor shall indemnify, def Lind ane hold harmlass :It a "Down ane each counail mombar, officer, ornploNae or agen:l theraofl (tha Town ane ariN such parson toing harain aallad an "Indamnificid Harty"), ftm, from and against any and all lasses, claims, darnzgas, :liabilities, costs and expenses (including, but not limi:lad to, reasonabla altomciNs' foes, court acists ane the costs of appellate proceedings; to which any such Indamnifiod Party may bacoma slit jecl, Linc ar zlnN thacir)I of liabiJity wt atsoevar ("Claims"), insofl;lr as suet Claims (oli actions in respect tharciofj rolate to, ariisci out of, or ara caused by or basic upon tha negligent acids, inilantional misconduct, errors, mistakas or omissiciris, in ciannac:lion m ith tha work or sar-,iices of the Contracrtor, its cifficars, amployaos, agants, or any tier of subcon:lractar in the performance ofl:lhis Adroerriont. 14. Noticias and Raquasls. Any notice or other ciommuniciation requircid or parmiiVled to be givan undar Otis Agreement shall ba in wriit:ing aric shall ba dacimac iIci hava Caen duly givan if (:i, dolivored to the Harty at the address sell f✓rirth be:low, (Iii) daposited in tha U.S. Mail, registered ar certificid, retlirr nocaipt raquastod, to tha address set forth below ar I1ii:i; Niven to a recognizad aric reputabla overnight dclivar)I servico, to the address set forth below: If to 1Iha "Ilawn: Town of Fountain Hills 1 E X `I East A v onue of 11 ho Fountains Fountain Hills, Arizona fl -'1268 Atlln: Grady F. Millar, Tlown Managar 3066118.1 4 Wll1h ccllly to: GUSIT MOS EINHEILD P.L.C. One East Washing on Stracit, Suites 1600 Phoen: N, Ar'aona 85004-2553 Atha: Anc raw JI. MaGu:irca If 4a Contracitor: Michael L. Rlccle Painting, lnci. d/r /a R7ddla Pa nl ing and Coal ings 119:12 Norlh Baack Canyon Highway Phoenix, Ar'aona 85017-2118 Atin: Edd:iea Serna or at such oilleir address, anc to 1he arttenlion of such other person or office ar, acs anN Marty may designala :in wriiling by noticie dulN given pursuant 1Ia this subsecation. Nolicas shall be dcaamcad reecaived (i; when dcalivcrcad to thea Marty, Ilii) thrcca business daNs of car being p;laccac in thea U.S. Mai], proper]}{ addresscad, wiVh suffciienil posilage or (:iii) lhca following business cay aflar being given 1a a rcaciogniaead avcarright de:ivery scarvieca, with thea person giving thea no4icca paying aa] requircad charges and instrucVing 1Ihea delivery scniicc to ccal:ivcar on ilrea following business daN. If a ciopy afl a noticie is also givan to a party's counscal or oilhear racip:ieant, 1Ihea provision abovca governing the data on which a nolicc is dccamac to hava bcaan rcace:ivcad by as party shall mean and liefer to 111a dale an which 111 ca parry, and not its cal;inscl or oVl ear recipicarat 1Ia which a copy oft thea notica may be scn1, is dcaeamcac to have reccaivcd the notice. [SIGNA11URHSl CN HOLIJOVNING PAGHS] 3066178.1 <I IN WITNESS WHEREOF, the parties hcrcto lave exeClUled this Agrecmenl as ofk1ci date and yciar firsl sell forth above. "Town" 11C WN CF FOUNTAIN HIIIIIS, an A.r'aona municiipal carplaralion Grady B. M:iIJcv, Town Managcv A'IITBSR Bevclyn JI. Bender, Town C.IaA (JACKNO WLBDGMENT) STATE CF ARIaONA ; ) ss. CC UNTYI OF MARIC OPA ) C ri , 2017, befbra rr a parsanal ly appeared Grady B. Millar, 111a Town Manager ofltha'IIOWN OF FC UNTAIN HIIJLS, an Ar'aoria municipal corporalion, whosa idcritily was proven to me on the basis of salisfaclory cvidencc to be 1he parson who he claims to be, and acknowladged thal 1 ci signad 1he al ave dacumeml, on 1 aha:lfl of 'Ihci down of Fountain Hills. Notar)l Publia (Affix nal ary seal here 9SIGNA-BURE119 CONTINUE ON FOLIIJC WANG PAGBI 30(ldM.1 E "Contractor„ MICHAEL L. RIDDLE PAINTING, INC., an Arizona corporation, d/b/a RIDDLE PAINTING & COATINGS By: Name: &AC, LL (ACKNOWLEDGMENT) STATE OF ARIZONA } ) ss. COUNTY OF MARICOPA ) Can `- LP :=-, 2017, before me personally appeared I � - t,' -yc , , the nc, ^C(I--h-y, `-,(,( MICHAEL L. RIDDLE PAINTING, INC., an Arizona corporation, d/b/a RIDDLE PA1NT4:KG & COATINGS, 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. ik—A Notary Public (Affix notary seat here) 3©66178-1 PATRICIA L. SMIDT Motasy Public. Slate of Arizona Maticopa County My Commwssion Exp«es w March 1 8, 2021 EXHIBIT A TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND MICHAEL L. RIDDLE PAINTING, INC., D/B/A RIDDLE PAINTING & COATINGS [Mohave Contract] See following pages. 3066178.1 MC HA- VE ARIZONA COOPERATIVE PURCHASING Mohave Contract ISE -RIDDLE -0403 Riddle Painting and Coatings Co, Via Email May 16, 2017 Agreement To Amend the Terms and Conditions of the Existing Contract In order for Mohave Educational Services Cooperative, Inc,'s (Mohave's) contracts to comply with Federal Education Department General Administration Regulations (EDGAR) requirements, Mohave is amending its existing contracts. Please review, initial next to each requirement, sign the bottom of the amendment and return to Mohave no later than June 16, 2017. The Terms and Conditions of your contract have been modified as follows: A. Anti -Lobbying Certification: In accordance with the Federal Acquisition Regulation, 52.203-11: (a)The definitions and prohibitions contained in the clause, at FAR 52.203-12, Limitation on Payments to Influence Certain Federal Transactions, included in this solicitation, are hereby incorporated by reference In paragraph (b) of this certification. (b)The bidder, by signing this amendment, hereby certifies to the best of his or her knowledge and belief that on or after December 23, 1989- (1)No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of this contract; (2)If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with this solicitation, the bidder shall complete and submit, with its bid, OMB standard form LLL, Disclosure of Lobbying Activities, to the Contracting Officer; and (3)He or she will include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly. (c)Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by section 1352, Title 31, United States Code. Any person who makes expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure. f�I--- Initial Agreement as the Authorized Representative of the Contract Vendor B, Clean Air Act, Clean Water Act and Environmental Protection Agency Regulations: Contract vendor and its subcontractors shall comply with all applicable standards, orders or requirements issued under section 306 of the Clean Air Act, section 508 of the Clean Water Act, Executive Order 11738 and Environmental Protection Agency regulations (7 CFR 3016.36 (i) (12)). This shall only apply to federally funded projects subject to the Clean Air Act, Clean Water Act and current applicable EPA regulations. r'�- I Initial Agreement as the Authorized Representative of the Contract Vendor ■ M [J H.AVE ARIZONA COOPERATIVE PURCHASING C. Energy Policy and Conservation Act: Contract vendor and its subcontractors shall comply with mandatory standards and policies relating to energy efficiency (7 CFR 3016.36 (i) (13)). This shall only apply to federally funded projects subject to current applicable energy policies and the Energy Conservation Act. C� Initial Agreement as the Authorized Representative of the Contract Vendor D. Procurement of recovered material: Contract vendor and its subcontractors shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as stated in 2 CFR 200.321. F Initial Agreement as the Authorized Representative of the Contract Vendor E. Rights to inventions: Rights to inventions made under a contract or agreement as specified under Appendix II to 2 CFR shall apply for federally funded projects. Initial Agreement as the Authorized Representative of the Contract Vendor F, Subcontracts: Prime Contractor, if subcontracts are to be let, will allow all business to have an equal opportunity to sign up as a prospective bidder for work assigned under this contract. Initial Agreement as the Authorized Representative of the Contract Vendor Failure to sign and return EDGAR amendment by close of business on June 16, 2017 may result In your contract being placed on hold or canceled, Amendment will take effect July 1, 2017. Dated J-/n/a K.C. Totlis Riddle Painting and Coatings Co. Dated May 1017 Anita McLemore, Executive Director Mohave Educational Services Cooperative, Inc. MOHAVE ARIZONA COOPERATIVE PURCHASING K.G. Totlis Riddle Painting and Coatings Co. 5922 N. Black Canyon Highway Phoenix, AZ 85017 3/9/2017 Extension of Contract (Page 1 of 3) RE: Contract # ISE -RIDDLE -0403 Extension of contract Agreement made by, and between, Riddle Painting and Coatings Co. and Mohave Educational Services Cooperative (Mohave). In accordance with its terms and conditions, Mohave desires to extend contract 15E -RIDDLE -0403 for a period of one (1) year, beginning 4/3/2017. The extension shall be under the same terms and conditions contained therein. Please indicate your desire to extend by completing the appropriate information below and on the following pages. If the contract is extended, Riddle Painting and Coatings Co. agrees to provide products or prices as per 15E-0324. We desire to extend the contract as specified above, and agree to abide by the current terms and conditions, and any attached clarifications. Signature Title Typed/Printed Name A11I 1 L C_ ' i 211% Date Please verify that the following information is correct and accurate: POs Attn: Order Desk Riddle Painting and Coatings Co. 5922 N. Black Canyon Highway Phoenix, AZ 85017 Member Contact: K.C. Totlis Contract Administrator: K.C. Totlis Phone Number: 602-317-5088 Fax Number: 602-266-8470 Remit to: Riddle Painting and Coatings Co. Accounts Receivable 5922 N. Black Canyon Highway Phoenix, AZ 85017 If both pages of this notice are not received at Mohave's Kingman office on, or before, 4/3/2017, orders shall be held without processing. Email or fax completed extension to contracts@mesc.org or (928) 718-3232. To terminate the contract effective 41312015, email or fax a notice of your request to cancel the contract to contracts @mesc.org or (928) 718-3232, You agree to complete any authorized work or orders received prior to that date. Renewals not received within 14 days following 4/3/2015 shall result In cancellation of the contract. However, any authorized orders received prior to this date, shall be completed under this contracts terms and conditions. Extension of Contract Pricing Update (Page 2 of 3) We list your contract as utilizing Mixed: Fixed and % off MSRp. Please confirm the following regarding pricing under your contract: Our contract utilized firm -fixed pricing. We agree to hold the current prices until the next contract renewal date of 04/03/2018, Our contract utilized percentage off MSRP/Retail pricing. The current price lists/catalogs are still applicable. We are requesting a price adjustment..A price list/catalog will be submitted by _ (Insert Date) We will provide new price lists)/catalog(s) by (Insert Date) Remember that your firm cannot quote any new products contained in pricing submitted with your contract renewal until it has been reviewed and approved by your Contract Specialist. Current contract pricing will remain in effect until new pricing has been reviewed and approved Vendor Logo Currently, we have the following logo on file for use on our website in our product/vendor finder: �] I DD fainting 1�+, 1� &Coatings If you wish to revise or update the logo we have on file, keep the following requirements in mind: • What file types are acceptable? Vector point files are highly recommended (such as .ai or .eps files). If you don't have access to a vector point file, a large hi -resolution (approximately 150-300 dpi) ]PEG, TIFF, BITMAP, GIF or PNG file will work. Having a file with a high dpi will help keep images looking sharp if we need to resize the logo, + What file size is recommended? There is no limitation to the logo file size. Vender Benefits Description Currently, we have the following information on our website detailing the benefits of your contract for our members to view: Extension of Contract Vendor Benefits Description (continued) (Page 3 of 3) Riddle Painting and Coatings Co. has been working with Mohave for 15 years and has been in business in Arizona for over 30 years. The Mohave contract allows you to get preferred pricing at a lower cost than any other pricing structure we offer. All of the top brand name paint suppliers are offered under this contract, so you are not restricted to one brand. Riddle Painting sets the standard on completing your job on time and on budget. No company has more experience on multi -campus or shut down projects. We are capable of successfully completing summer, fall, winter, and spring break projects as well as productively working during sessions without disrupting the educational environment. Our professional staff will work closely with you from the estimating, to product and color selection, scheduling, and completing the job on time. We establish a high level of communication for each project. Your project will be overseen by one individual from start to finish so you can feel confident in your ability to contact your project foreman at any time. Riddle Painting and Coatings Co. through Mohave equals: quality, value and confidence at the best price. If you wish to revise or update the vendors benefits information we have on file, keep the following requirements in mind: -The description should be 150-200 words that explain the benefits that your company can provide to our members through your Mohave contract. -The description should give a brief overview for members who may be accessing information about your contract from our product vendor finder on Mohave's website. -Please note that Mohave reserves the right to revise or modify the information provided either for content or length. Email or fax request for information revisions or additional information to contracts@mesc.org or 928-718-3232. If you have any questions, contact your Contract Specialist either via email at michael@mesc.org or phone 928-718-3222. ■M 6,0A"V ARIZONA COOPERATIVE PURCHASING Mohave Contract 15E -RIDDLE -0403 Riddle Painting and Coatings Co. Via Email September 6, 2016 Agreement To Amend the Terms and Conditions for Certification In order for Mohave Educational Services Cooperative, Inc.'s (Mohave's) contracts to comply with new legislation that went into effect August 6, 2016, Mohave Is amending its existing contracts. This law "prohibits public entitles from entering into contract with a company to acquire or dispose of services, supplies from information technology or construction, unless the contract includes a written certification that the company is not currently engaged in, and agrees for the duration of the contract to not engage in, a boycott of Israel." The Terms and Conditions of your contract have been modified as follows; 2. CERTIFICATION By signing the amendment below, bidder certifies the following: -Bidder shall comply with ARS §35-393.01 and certify that they are not currently engaged in, and agree that for the duration of the contract to not engage In, a boycott of Israel, --- Dated 6- K.C. Totlis Riddle Painting and Coatings Co. Dated September 6, 2016 Anita McLemore, Interim Executive Director Mohave Educational Services Cooperative, Inc. 4MC)HA-VE' ARIZONA COOPERATIVE. PURCHASING Mohave Contract ISE -RIDDLE -0403 Riddle Painting and Coatings Co. Via Email June 14, 2016 Aoreenient To Amend The Standard Terms And Conditions For Construction; Performance And Payment Bonds Mohave Educational Services Cooperative, Inc.'s (Mohave) previous contract requirements for payment and performance bonding included reference to statute, title, and/or rules, and specific vendor actions, and acknowledgment from the member when waiving performance and payment bonding. However, these requirements may not be applicable to all members, This amendment replaces the previous requirements in the Special Terms and Conditions regarding issuing performance and payment bonds. The Special Terms and Conditions have been modified as follows: 11 . PERFORMANCE AND PAYMENT BONDS 11.1. Issuing performance and payment bonds: It shall be the sole responsibility of the member to determine if any applicable performance and payment bonding requirements apply to the procurement under an awarded contract. Member must request that the contract vendor provide the performance and payment bonds that meets the requirements prior to project implementation. The contract vendor shall supply Mohave with a copy of the procured bonds upon request. If the contract vendor fails to deliver any required performance or payment bonds requested by the member, the contract with Mohave may be canceled. 11.2. Payment bond requirement: An irrevocable payment bond shall be executed in an amount equal to 100% of the price specified in the contract between the member and the contract vendor by a surety company authorized to do business in Arizona. This bond will protect all persons supplying labor and material to the contract vendor for the performance of the work provided in the contract. 11.3. Performance bond requirement: An irrevocable performance bond shall be executed in an amount equal to 100% of the price specified in the contract between the member and the contract vendor by a surety company authorized to do business in Arizona. This agreement shall be effective July 1, 2016. Signature below indicates agreement to modifications as listed above. Dated _..........._............__s. Dated Jun[i1G K.C. Totlis Anita McLemore, Interim Executive Director Riddle Painting and Coatings Co. Mohave Educational Services Cooperative, Inc, MOHAVE ARIZONA COOPERATIVE PURCHASING K.C. Totlis Riddle Painting and Coatings Co. 5922 N. Black Canyon Highway Phoenix, AZ 85017 3/16/2016 Extension of Contract (Page 1 of 3) RE: Contract # 15E -RIDDLE -0403 Extension Agreement made by and between Riddle painting and Coatings Co. and Mohave Educational Services Cooperative (Mohave). In accordance with its terms, Mohave desires to extend contract ISE -RIDDLE -0403 for a period of one (1) year, beginning 4/3/2016. The extension shall be under the same terms and conditions contained therein. Please indicate your desire to extend by completing the appropriate information below and on the following pages. If the contract is extended, Riddle Painting and Coatings Co. agrees to provide products or prices as per 15E-0324. We desire to extend the contract as specified above, and agree to abide by the original terms & conditions, and any attached clarifications. Signaturer� /' f Title+ LJr'dttr1 / Typed/Printed Name C'I L -I-IX C 11 Date Please check the information below. POs Att: Order Desk Riddle Painting and Coatings Co. 5922 N. Black Canyon Highway Phoenix, AZ 85017 Member Contact: K.C. Totlis Contract Administrator: K.C. Totlis Phone Number: 602-317-5088 Fax Number: 602-266-8470 Remit to: Riddle Painting and Coatings Co. Accounts Receivable 5922 N. Black Canyon Highway Phoenix, AZ 85017 If both pages of this notice are not received at Mohave's Kingman office on or before 4/3/2016, orders may be held without processing. Email or Fax completed extension to contracts@mesc.org or (928) 718-3238 To terminate contract 15E -RIDDLE -0403 effective 4/3/2016, send a notice of such to (928) 718-3238 or email contracts@mesc. org. You agree to complete any authorized work or orders received prior to that date. Extension of Contract Pricing Update (Page 2 of 3) We list your contract as utilizing Mixed: Fixed and % off MSRp. Please confirm the following regarding pricing under your contract: Our contract utilized firm -fixed pricing. We agree to hold the current prices until the next contract renewal date of 04/03/2017. Our contract utilized percentage off MSRP/Retail pricing. The current price lists/catalogs are still applicable. We will provide new price lists/catalog by (Insert Date) Remember that your firm cannot quote any new products contained in pricing submitted with your contract renewal until it has been reviewed and approved by your Contract Specialist. Current contract pricing will remain in effect until new pricing has been reviewed and approved. Vendor Logo Currently, we have the following logo on our website for our members to view: RIDDL Paint & Coatings If you wish to revise or update the information, keep the following key points in mind: • What file types are acceptable? Vector point files are highly recommended (such as .ai or .eps files). If you don't have access to a vector file, a large hi -resolution (approx. 150-300 dpi) JPFG, TIFF, BITMAP, GIF or PNG file will work. Having a high dpi will help keep images looking sharp if we need to resize the logo. • What file size is recommended? There is no limitation to the logo file size. Vendor Benefits Description Currently, we have the following information on our website detailing the benefits of your contract for our members to view: Extension of Contract Vendor Benefits Description (continued) (Page 3 of 3) If you wish to revise or update the information, keep the following key points in mind: • The description should be 150-200 words that explain the benefits that your company can provide to our members through your Mohave contract. • This description should give a brief overview for members who may be accessing information about your contract via our Product Vendor Finder. • Please note that Mohave reserves the right to revise or modify the information provided either for content or length. Email any information corrections, or additional information to contracts@mesc.org. If you have any questions, contact your Contract Specialist either via email michael@mesc.org or phone <<cslnfo::csphone>>. I Offer and Acceatance Form 1 IFB ISE -0324 Exterior/Interior Painting and other Coating Applications To Mohave Educational Services Cooperative, Ina: The undersigned hereby certifies understanding and compliance with the requirements in all terms, conditions, specifications and amendments. Bidder further agrees to furnish materials and/or services in compliance with all terms, conditions, specifications and amendments in the solicitation and any written exceptions in the offer. Federal Employer Identification Number 86-0612338 Company Name Michael L. Riddle Painting, Inc, IBA Riddle Painting. and Coatingmpany Compafly ..................... Address 5922 N. Biack Canyon Fllghway City Phaenlx State 4Z Zip 85017 Telephone Number 502-277-3461 Printed Name KC T tlis Title President Primary Email KC RidcilePaintirlq.com Alternate email tom curiddleoalnting,com Note. The primary email address will be used for all communication from Mohave regarding your response to this solicitation. Provide an alternate email address that will be used g& if the primary email address is not valid Authorized Signature C� The offer and acceptance form should be submitted with a signature by the person authorized to sign the bid. The person signing the 'bid shall initial erasures, interlineatlons, or other modifications in bid, Failure to sign the bid and contract award document, or to make other notations as indicated, may result in rejection of bid. The contract vendor shall not commence any billable work or provide any material or service under this contract unless and until contract vendor receives a purchase order with Mohave's review noted. Acceptance of Offer and Contract Award (Mohave Only) � Your Bid is Hereby Accepted: As contract vendor, you are now bound to sell the materials and/or services offered to and accepted by Mohave in accordance with the solicitation, including all terms, conditions, specifications, and amendments. /5 E _ PX DI) � - 0 q This Contract shall be referred to as Contract Number _ 4 Awarded this c_�l C day of (�JY 41 2015• This contract shall be effective this rCJ day of klI 2015, Julia E. Tribbett, Executive Director Mohave Educational Services Cooperative, Inc. ■ M 0HAaVE' ARIZONA COOPERATIVE PURCHASING 15E -RIDDLE -0403 Table of Contents Riddle Painting and Coatings Co.Response to IFB 15E-0324 Tab 1A — Signed Offer and Acceptance Form ........... a.... See document 6. 15ERIDDLE0403 Award, Extensions and Amendments. Tab 1B — Amendments .................................................. No Amendment were issued for this IFB. Tab 1C — General Terms & Conditions and Standard Terms & Conditions for Construction ........ 3 Tab 1D — Special Terms and Conditions...................................................................................... 25 Tab1E — Scope of Work/Services................................................................................................ 34 Tab 1F — Bid Bond/Alternate Bid Security and Bonding Capacity ................................................ 42 Tab 2A — Method of Approach and Qualifications and Experience ............................................. 46 Tab 2B — Certificate of Insurance ........... ............ ......... ....... ._ Please call Mohave for information. Tab 2C — Financial Information ................................. All financial information is kept confidiential and has been removed. Tab 3A — Price Proposals .............................. See document 6. 15ERIDDLE0403 Pricing Summary. Tab 3B — Mobilization, Travel Charges and Pricing Methodology ............................................... 69 Tab 3C—Additional Pricing Information...................................................................................... 94 Tab 4A — Primary Contract Documents, Support and Maintenance Information ....................... 95 Tab 4B — Sample Supplemental or End -User Agreement(s) .. Tab 5 — Additional Information ............................................. Click section title to be taken directly to that section. 3/31/14 EH ................................... 98 Please call Mohave for information. RIDDL—� Paint & Coatings 0 IPB ISE -0324 There are no addendums to this proposal. I General Terms and Conditions 1. CANCELLATION 1.1. Cancellation for bankruptcy or acquisition: Mohave reserves the right to cancel, or suspend the use sof, any contract If contract vendor files for bankruptcy protection, or is acquired by an Independent third party. 1.2. Cancellation for conflict of interest: Mohave may cancel this contract pursuant to ARS g 38- 511 for conflict of interest. Conflict of interest occurs If any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of Mohave, is or becomes at any time while the contract or an extension of the contract is in effect, all employee of, or a consultant to, any ether party to the contract, with respect to the subject matter of the contract. Members shall Incur no penalty or further obligation If the contact Is cancelled for conflict of interest. A written notice of cancellation shall be sent to the contract vendor and the effective date of cancellation shall be the date specified within the written notice of cancellation. 1.3. Cancellation for convenience: Mohave reserves the right to immediately cancel the contract without penalty or recourse, in whole or In part, When Mohave determines that action to be in the best interests of its members. Contract vendor shall be entitled to receive just and equitable compensation in accordance with applicable contract pricing for authorized work in progress, authorized work completed and materials accepted before the effective date of the cancellation. 1.4. Cancellation for non-performance or contract vendor deficiency: Mohave may terminate any contract If members have not used the contract, or if purchase volume is determined to be "low volume" in .any 12 -month period. Mohave reserves the right to cancel the whole or any part of this contract due to failure by contract vendor to carry out any obligation, term or condition of the contract. Mohave may Issue a written deficiency notice to contract vendor for acting or failing to act in any of the following; Failing to comply with the accepted terms and conditions of the contract; Providing material that does not meet the specifications of the contract; + Providing work and/or material that was not awarded under the contract; Failing to adequately perform the services set forth in the scope of work/services and specifications; • Failing to complete required work or furnish required materials within a reasonable amount of time; Falling to make progress in ,performance of the contract and/or diving Mohave reason to believe that contract vendor will not or cannot perform the requirements of the contract • Failing to provide required performance bonds, Performing work or providing services under the contract prior to receiving a Mohave reviewed member purchase order for such work. Upon receipt of a Written deficiency notice, contract vendor shall have ten (10) days to provide a satisfactory response to Mohave to adequately address all issues of concern. Failure to adequately address all issues of concern may result in contract cancellation. Upon cancellation under this clause, all goods, materials and work paid for by the member, along with documents, data and reports prepared byz contract vendor under the contract shall become the property of the member. 1.5. Cancellation for replacement: Mohave reserves the right to cancel a contract awarded under this solicitation and replace It with a newer contract awarded to the same contract vendor for similar goods and services. Mohave may, at its option, either replace a contract resulting from this solicitation or delay a new award until the existing contract expires. The decision to replace the contract rests solely with Mohave, 1.6. Contract vendor Cancellation; Contract vendor may cancel this contract at any time upon thirty (30) days prior written notice to Mohave or at time of annual contract renewal. `termination shall have no effect on projects In progress at the time the notice of cancellation Is received by Mohave. 1.7. Continuation of performance: Contract vendor shall continue to perform in accordance with the requirements of the contract, up to the date of cancellation and as directed in the cancellation notice. 1,8. Gratuities: Mohave shall cancel this contract If it is found that gratuities in the form of entertainment, gifts or otherwise, were offered or given by contract vendor or any agent or representative of contract vendor, to any employee of Mohave or member with a view toward securing a contract or with respect to the performance of this contract. Paying the expenses of normal business meals shall be In accordance with each member's policy regarding gratuities. Samples of software, equipment or hardware provided to Mohave for demonstration or evaluation are not considered gratuities. 2. CERTIFICATION By signing the offer and Acceptance. Form (page 53 of the IFB), bidder certifies the following; Bidder has examined and understands the terms, conciltions,scope of work/services and specifications and other documents In this solicitation. • The submission of the bid did not Involve collusion or other anticompetitive practices. Neither signatory nor any person on his behalf has connived or colluded to produce a deceptive show of competition in the matter of the bidding or award of a contract under this solicitation. Bidder has not given, offered to give, nor Intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted offer. • Neither bidder, nor any officer, director, partner, member or associate of bidder, nor any of Its employees directly involved In obtaining contracts with the State of Arizona, Mohave Educational services Cooperative, Inc., or any subdivision of the state has been convicted of false pretenses, attempted false pretenses, or conspiracy to commit false pretenses, bribery, attempted bribery or conspiracy to bribe under the Laws of any state or federal government for acts or omissions after January 1, 1985. • Bidder agrees to comply fully with any and all provisions of ARS Title 32, Chapter 14 (Registrar of Contractors) that may regulate bidder's business, • Bidder shall not discriminate against any employee, or applicant for employment, In violation of federal and state laws (see Federal Executive order 11246; and ARS Titie 41, Chapter 9, Article 4). • Bidder Is not currently suspended, debarred or otherwise precluded from participating In any public procurement activity with any federal, state or local government entity. • If awarded a contract, bidder agrees to promote, offer and sell under Mohave contract only those materials and/or services awarded to contract vendor by Mohave. • If awarded a contract, bidder shall provide the equipment, commodities, and/or services to members of Mohave in accordance with the terns, conditions, scope of work/services, specifications, and other documents of this Invitation For Bid. If awarded a contract, bidder agrees that all staff and other individuals eligible to receive services shall have equal access to the services regardless of race, religion, color, sex, disability, age or national origin (including language minority individuals). • Bidder and all proposed subcontractors comply and shall remain in compliance with the Federal Immigration and Nationality Act (TINA), all other federal Immigration laws and regulations, ARS § 41-4401, and ARS § 23-214, which requires compliance with federal immigration laws by Arizona employers, Arizona contractors and Arizona subcontractors In accordance with the E -Verify employee eligibllity verification program. 3. If an apparent mistake in a bid, relevant to the award determination is discovered after opening and before award, Mohave shall contact the bidder for written confirmation of the bid. If bidder fails to act, the bidder shall be considered non-responsive. Mohave may contact a bidder to confirm our understanding of the bid. Such contact shall be prior to award, Mohave shall obtain written confirmation from the bidder and shall retain the confirmation in the procurement file. 4. CONFIDENTIAL_ INFORMATION 4.1. Confidential information request: If bidder believes that Its bid contains confidential trade secrets or other proprietary data not to be disclosed, a statement advising Mohave of this fact shall accompany the bid, and the Information shall be so Identified wherever it appears. Mohave shall review the statement and provide their determination in writing whether the Information shall be withheld. If Mohave determines to disclose the information, Mohave shall inform bidder In writing of such determination. Requests to deem the entire bid as confidential will not be considered. 4.2. Pricing: Mohave will not consider pricing to be confidential or proprietary. 4.3. Public record: All bids submitted in response to this solicitation shall become the property of Mohave. They will become a matter of public record available for review, subsequent to award notification. S. COOPERATIVE PURCHASING 5.1. Cooperative purchasing: This contract Is based on the need for Mohave to provide the economic benefits of volume purchasing and reduction in administrative costs through cooperative purchasing to members, Any contract that prohibits sales from being made to specific types of members (fear example, state agencies or local government units) may not be considered. Sales without restriction to any members are preferred, 5.2. Cooperative purchasing agreements. Cooperative Purchasing Agreements between Mohave and its members have been established under Arizona procurement rules and code for use of contracts, 5.3. Most favored customer: Bidder agrees all prices, terms, warranties, and benefits granted by bidder to members through this contract are comparable to or better than the equivalent terms offered by bidder to any present customer meeting the same qualifications or requirements. Nothing in this solicitation is Intended to establish a most favored customer relationship between Mohave and contract vendor. Contract vendor may respond to any solicitation without regard to this contract. If contract vendor offers lower prices to any of its other customers, it may lower Its prices to Mohave at the same time by written notice. 6. ESTIMATED QUANTITI Mohave anticipates considerable activity resulting from this solicitation. An estimate of purchases is provided in the Scope of Work/Services (page S) of the requested materials or services. However, no commitment of any kind is made concerning quantities to be acquired. Mohave does not guarantee usage. Usage depends on the actual needs of members and marketing by contract vendor. 7. EVALUATION and AWARD 7.1. Basis of award. Award(s) will be made to the responsive and responsible bidder(s) whose bid(s) is (are) determined In writing to be the low responsive and responsible bid or bids. Mohave reserves the right to use model projects/market baskets to determine the low ranking of bids. It is Mohav&s Intent to award a complete line of products, when possible and ,� advantageous. 7.2. Deviations and exceptions to requirements: All requested exceptions/deviations must be clearly explained. Unacceptable exceptions/deviations shall remove your bid from consideration for award. Mohave shall be the sole Judge on the acceptance of exceptions and Mohave's decision shall be final, 7,3. Formation of contract: A response to this solicitation is an offer to contract with Mohave based upon the terms, conditions, scope of work/services, and specifications contained in this request. A bid does not become a contract unless and until Mohave accepts it. A contract is formed when a Mohave administrator signs the award document. 7.4. Multiple award: To assure that our contracts meet the requirements of all members, Mohave may award multiple contracts. Bidder should consider this fact in preparing their response. The decision to award multiple contracts, award a single contract, or make no award rests solely with Mohave. A multiple award shall be made only if the procurement officer determines in writing that a multiple award is necessary and Is advantageous to Mohave members. A multiple award shall be limited to the least number of contracts necessary to meet the requirements of the using agencies. Mohave shall make the sole determination of the least number of contracts required to meet the heed. Mohave's basis for determining whether to award multiple contracts shall be based upon considerations for the large number of members, diverse types of members, location of members throughout Arizona and members' past usage of similar contracts, Criteria for selecting vendors for multiple contracts shall be based upon considerations for members' experience with existing products and systems, brand continuity for parts replacement and future expansion, contract vendor's ability to provide for our large, diverse membership, bonding capacity, geographic area(s) served, Mohave's past experience with contracts for similar product/services, and/or other relevant criteria. 7.5. Non-exclusive contract. Any contract resulting from this solicitation shall be awarded with the understanding and agreement that It Is for the sole convenience of Mohave's members. Mohave and its members reserve the right to obtain like goods and services from other sources. 7.6. Past performance information: Past Performance Information (PPI) is relevant information regarding a contract vendor's actions under previously awarded contracts to public agencies. It Includes contract vendor's record of performance under such contracts Including, but not limited to, conformance to the terms, conditions, specifications and scope of work/services of the contracts, responsiveness to, and correction of, contract claims and controversies, and satisfaction of the contracting entities. PPI shall be a factor in evaluation and award. 7.7, Responsible bidder: A responsible bidder Is a firm or person with the capability to perform the contract requirements and the integrity and reliability, which will assure good faith performance. Mohave must determine a bidder to be responsible before awarding a contract to bidder. 7.8. Responsive bids: A responsive bid reasonably and substantially conforms to all material requirements of the solicltatlon. Bids must be responsive to receive award consideration. Mohave, reserves the right to waive minor Informalities. S. FEDERAL -and -STATE REQUIREMENTS 8.1. Affordable Care Act requirements: Contract vendor understands and agrees that It shall be. solely responsible for compliance with the Patient Protection and Affordable Care Act, Public Law 111-148 and the Health Care Education Reconciliation Act, Public Law 111-152 (collectively the Affordable Care Act "ACA"). Contract vendor shall bear sole responsibility for providing health WO care benefits for Its employees who provide services to the member as required by state or federal law. 8,2. Compliance with federal and state requirements: Contract vendor agrees, when working on any federally assisted projects with more than $2,000 in labor costs, to comply with the Contract Work Hours and Safety Standards Act, the Davis -Bacon Act, the Copeland "Anti - Kickback" Act, the Housing and Urban Development Act of 1968, the Equal Opportunity Employment requirements as amended by Executive Order. In such projects, contract vendor agrees to post wage rates at the work site and submit a copy of their payroll to the member for their files. In addition, to comply with the. Copeland Act, contract vendor must submit weekly payroll records to the member. Contract vendor must keep records for three years and allow the federal grantor agency access to these records, upon demand. Contract vendor also agrees to comply with State of Arizona Executive Order 75-5, as amended by Executive Order 99-4. when working on any projects funded with federal grant monies, contract vendor agrees to comply with the administrative requirements for grants and cooperative agreements to state, local and federally recognized Indian tribal government contract provisions. The forms listed below are incorporated by reference Into this solicitation and any resultant contract. • HUD -5369, Instructions to Bidders for Contracts, Public and Indian Housing Programs • HUD -5369-A, Representations, Certifications, and Other Statements of Bidders, Public and Indian Housing Programs • HUD -5369.6, Instructions to Offerors Non -Construction • HUD -5369-C, Certifications and Representations of Offerors Non -Construction Contract. • HUD -5370, General Conditions of the Contract for Construction • HUD -5370 -Ci, General Conditions for Non -Construction Contracts Section 1 (with or Without Maintenance work) • HUD -5370-C2, General Conditions for Non -Construction Contracts Section .1 (with Maintenance Work) For federally funded projects only, the requirements of an applicable form shall supersede conflicting requirements in this solicitation. The forms may be accessed. via HUDCllps (http://www.hud.gov). 8.3. Compliance with workforce requirements: Pursuant to ARS § 41-4401, contract vendor and subcontractor(s) warrant their compliance with all federal and state Immigration laws and regulations that relate to their employees, and compliance with ARS § 23-214 subsection A, which states, "...every employer, aper hiring an employee, shall verify the. employment eligibillty of the employee through the E -Verify program." [To register for E -Verify, go to: https://e- ver!N.uscis.gov/enroll/startpage.aspx.] Mohave reserves the right to cancel or suspend the use of any contract for violations of immigration laws and regulations. Mohave and its members reserve the right to inspect the papers of any contract vendor or subcontract employee who works under this contract to ensure compliance with the warranty above. 8.4. Contract vendor employee work eligibility: By entering into the contract, contract vendor warrants compliance with ARS § 41-4401, ARS § 23-214, the Federal Immigration and Nationality Act (FINA), and all other federal immigration laws and regulations. Mohave and/or Mohave members may request verification of compliance from any contract vendor or subcontractor performing work under this contract. Mohave and Its members reserve the right to confirm compliance. Should Mohave or its members suspect or find that the contract vendor or any of its subcontractors are not In compliance, Mohave may pursue any and all mmedles allowed by law, including, but not limited to suspension of work, termination of the contract for default, and suspension and/or debarment of the contract vendor. All costs necessary for compliance are the responsibility of the contract vendor. B.S. Davis -Bacon wage decisions: For federally funded projects subject to the Davis -Bacon Act, the member shall specify the applicable Davis -Bacon wage decision, prior to the contract vendor providing a Firm price quotation for the proposed project. The wage decision .shall be identified by the WD Number, modification number, and date of the wage decision. Davis -Bacon wage decisions may be accessed via www.wdol.noy or by requesting a copy from the member. 8.6. Non-compliance: All federally assisted contracts to members that exceed $10,000 may be terminated by the federal grantee for noncompliance by contract vendor. In projects that are not Federally funded, bidder must agree to meet any federal, state or local requirements, as necessary. In addition, If compliance with the federal regulations increases the contract costs beyond the agreed on costs in this solicitation, the additional costs may only apply to the portion of the work paid by the federal grantee. 8.7. Offshore performance of work prohibited: Due to security and Identity protection concerns, direct services under this contract shall be performed within the borders of the United States. Any services that are described in the specifications or scope of work/services that directly serve the State of Arizona or Its clients and may involve access to secure or sensitive data or personal client data or development or modification of software for the state shall be performed within the borders of the United States. Unless specifically stated otherwise in the specifications, this definition 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. 8.8. Terrorism country divestmenits: In accordance with ARS § 35-392, Mohave and its members are prohibited from purchasing from a company that is in violation of the Export Administration Act. By entering into the contract, contract vendor warrants compliance with the Export Administration Act. 9. FORCE MAIEURE Except For payments of sums due, neither party shall be liable to the other, nor be 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, including, but not limited to the following: acts of God (e.g. fire, flood, snow, earthquakes, tornadoes, violent winds, hail storms); acts of the public enemy; war; riots; strikes; mobilization; labor disputes; civil disorders; lockouts; Injunctions -intervention -acts, or failures or refusals to act by government authority; and other similar occurrences beyond the control of the party declaring force majeure, which such party is unable to prevent by exercising reasonable diligence. The force majeure shall be deemed to commence when the party declaring it notifies the other party of the existence of the force majeure, and small be deemed to continue as long as the results or effects of the force majeure prevent the party from resuming performance in accordance with the contract. Force majeure shall not include late deliveries of equipment or materials caused by congestion at a manufacturer's plant or elsewhere, an oversold condition of the market, inefficiencies, or similar occurrences. If either party is delayed at any time by force majeure, the delayed party shall notify the other party In writing of such delay within forty-eight (48) hours. 10. f,DEMN1FICAJi!2r_4 10.1.General indemnification: To the extent permitted by law, Mohave and its Members shall be indemnified and held harmless by contract vendor for its vicarious liability as a result of entering into this contract. Each party to the contract is responsible for its own negligence. 10.2. Modification by member: Contract vendor shall have no obligation with respect to any patent and copyright infringement claim based upon member's modification of the equipment and/or software, or its operation or use with apparatus, data or programs not furnished by contract vendor: However, one member's action will not preclude contract vendor's obligation to others not having modified their equipment or software. 10.3. Patent and copyright Indemnification: To the extent permitted by law, contract vendor shall indemnify and hold harmless Mohave and Its members against any liability, including costs and expenses, for infringement of any patent, trademark or copyright arising out of contract performance or use by Mohave and Its members of materials furnished or work performed under this contract. Mohave and Its members shall reasonably notify contract vendor of any claim for which It may be liable under this paragraph. 11. LICENSES Contract vendor shall maintain in current status all federal, state and local licenses, bonds and permits required for the operation of the business conducted by contract vendor. Contract vendor shall remain fully Informed of and in compliance with all ordinances and regulations pertaining to the lawful provision of services under the contract. Mohave reserves the right to stop work and/or cancel the contract of any contract vendor whose license(s) expire, lapse, are suspended or terminated. 12. OFFER ACCEPTANCE PERIODIWITH DRAWAi~ 12.1. Late bids: Except as authorized by Arizona procurement rules and code, late bids shall not be considered. Bidder shall be responsible for all shipping costs when requesting the return of a late bid. 12.2. Withdrawal of bid: A bidder may withdraw a bid in writing at any time before bid opening if the withdrawal is received before the bid due date and time at the location designated in the Invitation for bids for receipt of bids. After the opening time and date, bids may not be withdrawn, except as allowed by Arizona procurement rules and code. 13. [ORDERING CYCLE 13.1. Acceptance of orders.* This contract is for the sole use of Mohave and its members. All quotations provided to members must be based on prices in the contract and Include the correct Mohave contract number. Contract vendor may only refuse a Mohave reviewed order under this contract after providing written documentation acceptable to Mohave describing the circumstances that warrant refusal. Improper documentation and/or frequent refusals may result in contract cancellation. Mohave may require the contract vendor to reject any purchase orders received from members based on this contract that may not comply with Mohave's rules, processes or standards. 13.2. Audit of contract activity: Mohave will audit some of the purchases made under this contract. The contract vendor agrees to provide all documentation necessary for Mohave to audit purchases made under contract, including Invoices, credits and statements Issued to members, in a timely fashion. 13.3. Contract vendor contacts: Contract vendor agrees to assign only one contact person for each of the following: accounting, audit, contract administration, escalation, main member contact, open order/status report, and reconciliation. These contacts may be the same person, with the exception of the escalation contact. The name(s) of the contact persons will be provided to Mohave. 13.4. Open order and status reports: Mohave will send contract vendor open order and status reports on a periodic basis. Contract vendor agrees to reply to Information requests In a timely fashion. 13.5.0rders in process: Member purchase orders dated on or before the contract cancellation and/or expiration date, will be processed and are considered valid until order fulfillment, or cancellation by the member. Any such orders must be in the possession of Mohave within a reasonable amount of time: 13.6. Purchase verification: It is the member's independent responsibility to verify that quotations and purchase orders comply with the terms of the award of a contract or procurement. 13.7. Quotations: Quotations with no end date are considered invalid after sixty (60) days from the issue date. 14. OVERVIEW 14.1. Advertising: Bidder shall riot advertise or publish information concerning this solicitation prior to an award 'being announced by Mohave. After award, contract vendors) may advertise the availability of products and services to members. Any promotional marketing materials using the Mohave logo must be approved by a Mohave Contract SRecialist In advance. 14.2. Modification of contract: An awarded contract may be amended for a variety of reasons. Contract modifications will be issued as deemed necessary by Mohave to address contractual issues that may arise. 14.3.Applicable law: Contract shall be governed by the laws of the State of Arizona, and suits pertaining to the contract may be brought only In courts In the State of Arizona. 14.4. Application of law: The Arizona procurement Code, the Arizona State Board of Education School District Procurement Rules, and the Uniform Commercial Code (UCC) as adopted by the State of Arizona, are part of this document as if fully set forth herein. Any provision or clause required by law, rule or regulation to be included In the contract will be read and enforced as if in the contract, whether or not physically included. if any such provision is not included, or is not correctly included, contract will be amended In writing to make such inclusion or correction upon application From either party to contract. 14.5. Arbitration: After exhausting applicable administrative review, the parties to this contract may agree to resolve disputes arising out of or relating to this contract through arbitration, to the extent allowed by law, 14.6. Assignment: Contract vendor shall assign no right or interest in this contract without prior written permission from Mohave, No delegation of any duty of contract vendor shall be made without prior written permission from Mohave. Mohave shall not unreasonably withhold approval and shall notify contract veridor of Its decision within fifteen (15) days of receipt of written notice from contract vendor. 14.7. Audit rights: In accordance with applicable Arizona law, contract vendor's and subcontractor's books and records related to this contract may be audited at a reasonable time and place, for five years after completion of the contract. 14.8. Availability of funds: Member fund availability is unknown to Mohave at the time this solicitation was issued, Use of any contract awarded by Mohave will be conditioned upon the availability of member funds, 14.9. Bid opening: Bids shall be opened Immedlately following the bid due date and time.. Sample pricing will be publicly read and recorded In the presence of witnesses. All other information in the bids shall remain confidential until after award of contracts, with the exception of review by Mohave staff and selected evaluators. 14.10. Brand narnes: The names .of major businesses and their products that appear without the trademark or service mark remain the property of their respective owners. 14.11. Captions, headings and illustrations: The captions; illustrations; headings, and subheadings in this solicitation are for convenience and ease of perusal only, and In no way define, limit or describe the scope or Intent of the request. J 14.12. Contract claims or controversies: The requirements of the Arizona procurement rules and code shall govern any contract awarded as a result of this solicitation, as well as any contract claims or controversies associated with it. Formal contract claims and controversies between a member and contract vendor shall be resolved In accordance with 117-2-1155 through R7-2-1159, or ARS, Title 41, Chapter 23, Article 9, as applicable. The member's authorized representative shah serve as the district representative for resolution of such claims and controversies. ARS, Tltie 41, Chapter 23, Article 9 and the rules promulgated under it, or R7-2-1155 through 117-2-1159, as applicable,, provide the exclusive procedure for asserting a cause against the member under the contract. 14.13. Contract placed on hold: Mohave shall have the ability to place a contract on hold, if it is deemed necessary to address ongoing problems with an awarded contract. Details of the decision to place the contract on hold shall be provided In a written deficiency notice. A reasonable amount of time shall be provided to contract vendor to address issues in the written deficiency notice. 14.14. Definition of time: Periods of time, stated as a number of days, shall be In calendar days, not business days. 14.15. Eligible agencies: Any contract awarded from this sollcitatlon shall be available to all Mohave members. Member is defined as a. local or public procurement unit, or a governmental public entity that is a political subdivision for purposes of federal Income tax, or a nonprofit educational or public health institution that is a political subdivision for purposes of federal income tax or meets the requirements of Section 115 of the Internal Revenue Code. Mohave has over 430 members including public school districts, community colleges, city and county governments and political subdivisions throughout Arizona. A list of members may be found on Mohave's website, www.mesc.org. Actual use of any contract will be at the sole discretion of Mohave's members. 14.16. Novation. If contract vendor sells or transfers all assets or the entire portion of the assets Used to perform this contract, a successor in Interest must guarantee to perform all obligations under this contract. Mohave reserves the right to accept or reject any new party. A simple change of name agreement will not change the contractual obligations of contract vendor. 14.17. Order of precedence. In the event of a conflict in the provisions of the contract as accepted by Mohave, the following order of precedence shall prevail: 1. Special terms and conditions 2. General terms and conditions 3. Scope of work/services and specifications 4. Attachments and exhibits 5. documents referenced or Included in the solicitation 14.18. Pricing extension errors: In case of error In extension of prices in the bid, unit prices shall govern. 14.19. Relationship of the parties: Vendors receiving contracts under this sollcitatlon are independent contractors. Any party to the o3ntract shall not be deemed to be the employee of another party to the contract. 14.26. Removal from prospective bidders list: Any bidder submitting a perfunctory bid with no serious Intent of being accepted may be removed from Mohave's prospective bidders list. Any vendor not responding to two (2) consecutive Invitations for Bid for similar procurements may be removed from the prospective bidders list for those items or services. A "no bid" response or request to remain on the list is sufficlent to keep a vendor on the prospective bidders list. 14.21. Severability: The provisions of this contract are severable to the extent that any provision or application held to be Invalid shall not affect any other provision or application of the contract which may remain in effect without the Invalid provislon or application. 14.12. Successful performance: The sections of solicitation defining the scope of services, requirements, qualifications, etc., are not to be construed as a complete listing that exempts successful bidder from reasonable services required to ensure "successful performance under the contract. 15. PAYMENT 15.1. Billing: All invoices shall list the applicable member purchase order number and Mohave contract number. Contract vendor will invoice members directly. All transactions are payable in U.S. currency only. 15.2, Contacting member about payment: Contract vendor may contact member directly for payment for a product or service delivered to the member under the contract. Such contact shall be professional and courteous. 15.3.Contract vendor invoice: Contract vendor shall invoice member after delivery of goods and/or services. Goods and services shall be invoiced at applicable contract prices, which include Mohave's 1% administration fee. Invoice must include member purchase order number and Mohave contract number, Mohave's administration fee is Included in the invoice: amount paid by the member. Contract vendor shall remit administration fee to Mohave monthly. Administration fee shall be calculated at .0099 of the subtotal amount. The Mohave administration fee shall not be calculated on ancillary charges (e.g. performance bonds, shipping, transaction privilege tax, transportation charges, mileage, lodging, meals and Incidental expenses (M&IE), permits, etc.), 15.4. Contract vendor payment: Member shall Issue payment to contract vendor after receipt. of Invoice. 15.5. Correct billing. Contract products/services may not be invoiced greater than the purchase order. If Incorrect Invoices are discovered, contract vendor must correct invoices resulting in excess charges, no matter the cause of the error. Any excess payment must be returned to member within the time allowed by law, in the form of a check or credit memo, as determined by the member. If a member is invoiced at less than contract prices, contract vendor will Invoice the member for the difference unless Mohave approves the undercharge, If contract pricing in effect on the contract has gone down between the time of the order and the invoice date, contract vendor may invoice at the current contract prlce; 15.6. Credit hold. Contract Vendor agrees to advise Mohave's Procurement Manager of a member(s) being placed on credit hold, within five (5) days of the action, 15.7. Payment time: Payment terms are net thirty (30) days from receipt of contract vendor's invoice. 15.5. Progress payments: Members may make progress payments under the following conditions: 1) Member and contract vendor agree to the terms of the progress payments prior to issuing a purchase order; C) the purchase order describes the arnounts/percentages to be paid and the dates/frequency of payment; 3) member accepts responsibility for verifying the validity of each payment application; 4) payments are made only after goods and/or services are verified, and 5) any such payments be. made in full compliance with member's local governing entity rules and any and all other applicable state rules and regulations. 15.9, Quick pay discounts: Quick pay discounts may be offered to members, provided they have received the materials or services, and that such discounts are available equally to all members. Mohave must approve such discounts In writing and before they are offered to members. 15.10. Reporting and payment of administration fees to Mohave- The contract vendor agrees to provide a Reconciliation Report detailing activity under the contract, and payment for Mohave administration fees for invoices paid in the previous month. Items In the report must include member names, PO numbers, amounts, administration fees, invoice numbers, invoice dates and credit/return Information for all invoices paid in the prior month. Payment and report are due as per a schedule agreed upon b1 Mohave and contract vendor. The initial due date shall be the 10th, 151", 20th, 251h or 30 of the following month and will be specified in an award notification letter. If no invoices were paid under the contract in the previous month, the contract vendor will provide notice of no activity. A sample reconciliation report will be made available upon award of contract. Make Mohave administration fees payable to Mohave Educational Services Coop., Inc. Payments shall be mailed to: 625 E. Beale St. Kingman, AZ 86401 15. PREPARATION OF BID and BID FORMAT 16.1. Modification of bid: A bidder may modify a bid in writing at any time before bid opening if the modification is received before the bid due date and time at the location designated in the invitation for bids for receipt of bids, 16.2. Bid forms: The forms and format contained In the solicitation shall be .used. Bidders may reproduce the forms and retype the information, but all of the required information must be presented in the tab order requested, Electronic or faxed bids shall not be considered. 16.3. Bidder responsibility: Bidder shall examine the entire solicitation, seek clarification of any Item or requirement that may not be clear, and check all responses for accuracy before submitting bid. Failure to examine: any requirements shall be at bidder's risk. Negligence, in preparing a bid confers no right of withdrawal after due date and time. 11.6.4. Cost of bid preparation: Mohave will not reimburse the cost of developing, presenting, or providing any response to this solicitation. 17. PRODUCT LINES 17.1. Current products: Bids shall be for materials and equipment. in. current production and marketed to the general public and education/government agencies at the time the bid is submitted. 17.2. Disconthwed products: If a product or model is discontinued by the manufacturer, contract vendor may substitute a new product or model if the replacement product meets or exceeds the specifications and performance of the discontinued model and If the discount Is the same or greater,than the discontinued model. New products shall be submitted for approval following the process detailed In the Special Terms and Conditions (see Pricing, New catalogs/pricelists), prior to being offered to members. 17.3. New products/ services: New products and/or Services that meet the scope of work/services may be added to the conb,act. Contract vendor may replace or Ladd product lines to an existing contract If the line is replacing or supplementing products an contract, Is equal or superior to the original products offered, is discounted in a similar or to a greater degree, and if the products meet the requirements of the solicitation. No products and/or services may be added to avoid competitive procurement requirements. Mohave may require additions to be submitted with documentation from members demonstrating an Interest In, or a potential requirement for, the new product or service. New products/services must be submitted and approved by Mohave, ''� prior to being offered to member. Mohave may reject any additions without cause. 17.4. options: Optional. equipment for products under contract maybe added to the contract at the time they become available under the following conditions: 1) the option is priced at a discount similar to other options; 2) the option is an enhancement to the unit that improves performance or reliability. 17.5. Product line: Bidders with a published catalog may submit the entire catalog. Mohave reserves the right to select products within the catalog for award without having to award all contents. Mohave may reject any addition of equipment options without cause. 18. PRQTE,'TS Protests shall be riled with Julia E. Tribbett, the Executive Director of Mohave (the District Representative), and shall be resolved in accordance with Arizona Procurement rules and code, ARS, Ttie 41, Chapter 23, Article 9 and State Board Rules R7-2.1001 through R7-7-1196. A protestmurt be in writing anry rn7usL be filed with the Executive Director of Alohave at 62.5 E. Veale Strut; Kingman, Arizona, 864111. 'Protests based upon alleged Improprleties in a solicitation shall be Filed before the due date and Urne for responses to the solicitation. Tide interested party shall file the protest within ten (10) days after Mohave makes the procurement file available for public inspection. A protest Filed on the tenth day must be received by 5:00 prn, local AZ time. The interested party may Fite a written request for an extension. The written request shall be flied before the time limit specified above and shall set forth good cause as to the specific action or Inaction of Mohave that resulted in the interested party being unable to file the protest before the time limit speciFed above. A protest shall be in writing and,, shall include the Following Information. • The name, address and telephone number of the interested party; • The signature of the interested party or the interested party's representative; • Identification ofthe solicitation by contract number; • A detailed statement of the legal and factual grounds of protest including copies of any relevant documents; . The form of relief requested. Should Mohave prevail In an appeal of a decision issued by the Executive Director, appellant waives any objection to the hearing officer awarding Mohave its reasonable attorneys fees and costs along with the costs for the hearing. 19. RIGHT TO ASSURANCE Whenever one party to the contract has a good faith reason to question the other party's intent to perforin, he may demand that the other party give written assurance of its Intent to perform, If a demand is made and no written assurance is given within ten (10) days, the demanding party may treat this failure as an anticipatory breach of the contract. 20. SAFETY STANDARDS Items supplied under the contract shall comply with applicable Occupational Safety and Health Standards of the Arizona Industrial Commission, National Electric Code, and National Fire Protection Association Standards. 21. SHIPPING 21.1.Shipping terms/transfer of title: Shipments shall be F.O.B. destination. Title and risk of loss of material shall not pass to member until member receives the material at delivery point, unless otherwise provided in the contract. 21.2. Shipment under reservation: Contract vendor is not authorized to ship materials under reservation and no tender of a bill of lading will operate as a tender of the materials. 21.3. Shipping charges: Prices that include shipplrig to any location in Arizona, delivered to the specific receiving point identified in the purchase order, are preferred. If shipping Is charged, It shall be that member is not charged more than the actual invoiced amount for shipping, and is prepaid by the contract vendor (Pl?euA). It is the member's responsibility to confirm shipping charges under the contract, 21.4.Shipping errors/risk of transportation: Stripping errors will be at contract vendor's expense, if contract vendor ships a product that was not ordered, contract vendor shall pay for return shipment at the convenience of member. All risk of transportation and all related charges shall be contract vendor's responsibility. Contract vendor shall Elle all claims for visible or concealed damage. Member will notify contract vendor promptly of any damaged goods and shall assist contract vendor in arranging for inspection. 22. SUSPENSION OR DEBARME.N STATUS Bidder shall include a letter In Its bid notifying Mohave: of any debarment, suspension or other lawful action taken by any federal, state or local government within the last five years that precludes bidder or Its employees from participating in any public procurement activity. Such letter shall provide name and address of the public procurement unit, effective date, duration, and relevant circumstances of the suspension or debarment: Failure to supply such letter or not dlsdose all pertinent informatlon shall result in cancellation of any contract. 23.TAXES 23.1. Federal Excuse Tax: Most members are exempt from paying Federal Excise Tax. 23.2. Payment of taxes: Member is responsible for payment of all taxes listed on the invoice. Contract vendor is responsible for collecting such taxes and shall forward all taxes to the proper revenue office. 23.3. Pre-tax prices: Prices shall not include applicable state and local taxes. All applicable taxes must be listed as a separate item on all invoices and will be paid by member issuing the purchase order. 23.4. Property taxes: Arizona public agencies may not pay state property taxes. (Arizona Constitution, Article 9, Section 2) 23.5. Reservation or tribal tax: If goods or services are subject to reservation or tribal tax, contract vendor shall Include such taxes as a separate item on the original Invoice to the member. 23.6. Transaction Privilege Tax (Sales Tax): Most members are taxable. Transaction Privilege Taxes in Arizona may include state, county and city taxes. The tax status of the ordering member determines if and when Transaction Privilege Taxes are to be applied, Docurnentatlon for members who do not pay Transaction Privilege Tax is available upon request from member. Contract vendor is responsible for charging taxes correctly. 23.7.Taxes on construction: Contract vendors for construction -related projects must follow the latest Arizona Administrative Code, Department of Revenue, transaction privilege tax procedure as described in R -15-S-602. Since the work is performed for and payments will be received from Mohave's members, the contract vendor Is considered a prime contractor by R-15-602 (C, 1, a). Transaction privilege taxes on contracting shall be separately stated on invoices. I Standard Terms and Conditions for Construction -1 1. BID SECURLTY 1.1. Amount of bid security: All bidders for a contract under this IFB shall include acceptable bid security in the amount of $100,000 with the submission of their bid. 1.2. Bid security requirement: School procurement rules [R7-2-1102 (A)] and as applicable In ARS § 34-222. and 41-2573, require that all competitive sealed bidding for construction have Laid security, if the amount of the construction contract will exceed the amount established by ARS § 15-213(A). Bid security as a percentage of the bid amount is unacceptable, as this is a term contract with no specific bid amount. Bid security must be in the amount stated above in "Amount of b/d security." 1.3. Form of bid security: Acceptabfe bid security for this IFB will be a certified or cashier's check, or an annual or one time bid gond underwritten by a surety company licensed to issue bid bonds In Arizona [R7-2-1102 (B, C), ARS § 34-222 and 41-2.5731. Bid security may be provided using the form found in the primary contract document pages of this IFB, with the principal being the prime contractor and the Obligee being Mohave e=ducational Services Cooperative, Inc. An agent of your licensed bonding agency shall sign the letter. If the original letter- Is not signed and/or has conflicting Information, It shall render your bed nonresponsive. 2. CHANGE ©RQERS 2.1. Adherence to specifications and drawings: The contract vendor shall follow the requirements of all specifications and drawings as closely as actual construction and work of contract vendors shall permit. Should existing conditions or limitations require a major change or rearrangement, the change shall be allowed only upon Issuance of a written change order.. 2.2. Change order requirement. Member and contract vendor shall establish a procedure for identifying and approving changes to the work. Member shall notify Mohave of any change that revises the cost of the project: Contract vendor shall not begin the revised work prior to receipt of the Mohave reviewed member change order. Contract vendor agrees to follow all applicable rules and regulations for any change .orders, Including R7-2-1005 and as applicable in ARS § 41-2552. Change orders shall be properly documented In writing. Minor changes mutually agreed between the member and the contract vendor that do not Involve compensation. may be made without informing Mohave, unless such change significantly modifies the ,cope of work and needs to be documented. 2.3. Costs for changes associated with improper checking or coordination: -lie cast of any change in construction due to improper checking of site and/or other conditions, or coordination by contract vendor, shall be borne by the contract vendor, and the contract vendor shall riot be entitled to reimbursement for such costs. 3. CONSTRUCTION _CONTRACTS 3.1. Cancellation by Mohave: Mohave reserves the right to cancel a contract resulting. from this IFB if the original contract holder Is sold and ownership Is transferred to a new party. If Mohave cancels the contract, the cancellation clause will be exercised, as required. 3.2. Compensation: Compensation for received goods, terms of progress payments, and a. schedule of payments shall be described`in the contract. The agreement shall state that Mohave will not be responsible for any late fees due the contract vendor by the member. 3.3. Member delays: As required by ARS § 15-213 (D), the contract vendor shall negotiate with member for the recovery of damages related to expenses incurred by the contract vendor For a delay for which the member Is responsible, which Is unreasonable under the circumstances and which is not within the contemplation of the parties to the contract between the two parties. Any such negotiations shall not void any provisions between the parties that require notice of delays, provide for arbitration or other procedure for settlement or provides for liquidated damages. 3.4. Construction contract requirement: In any contract between the contract vendor and a member based on this contract, the terms and conditions of this contract shall prevail. In any contract between the member and the contract vendor, the scope of work shall include, all specifications, drawings, and other official documents, All applicable codes around which the contract is made shall be included, as will any technical specifications and general conditions. The contract vendor shall acquire and pay for all permits and approvals from local, county, state and federal offices needed to accomplish the work, Contract vendor shall be entitled to direct reimbursement for the cost of such permits, 3.5. Form of construction contracts: A contract between the member and the contract vendor for construction shall be an industry standard agreement. The parties may agree to use the American Institute of Architects (ATA) General Conditions of Contract for Construction Form A201 as a guide, 3.6. Member representative: All formal contact between the contract vendor and/or contract vendor's personnel and the member shall be processed through the member representative. The member shall designate the member representative at the time of purchase. 3.7. Terms of acceptance:. Terms for acceptance by the owner and title to work most be clearly agreed upon and described in the contract. If any part of the construction requires the member to assume control before the completion, this shall be defined. Both. parties shall agree on the definition of what constitutes final acceptance, Upon completion of the project, the worksite shall be left in a condition equal to or better than before the project. 3.8. Void provisions: A provision, covenant, clause or understanding in, collateral to or affecting a construction contract that makes the contract subject to the laws of another state or that requires any litigation, arbitration or other dispute resolution proceeding arising from the contract to be conducted in another state is against public policy of the State of Arizona and is void and unenforceable. (ARS § 15-213 and 34.227) 3.9. Work performed by the member: Work to be performed by the member must be clearly described and agreed upon prior to project start up. 4. CONSTRUCTION SCHEDULE 4.1. Schedule adjustment: The member retains the right to extend the schedule of work or to suspend the work, and to direct the contract vendor to resume work when appropriate. The agreement must describe an equitable adjustment for added costs caused by any suspension. Any increases shall be invoiced per approved contract pricing as allowed in the agreement. 4.2. Schedule requirement:, A schedule For performance of work that can be met without planned overtime is the responsibility of the contract vendor. 4.3. Work crew size: The cost for each project shall include all costs of all necessary trained personnel to complete the project on or before the completion date(s) set forth in the contract. The member shall not incur additional expense for upsized crews, nor overtime costs, which might be necessary for the contract vendor to complete the project on schedule. --R�Itfflyf-1111 5;1. Conflict with member activities: The contract vendor and member shall coordinate activities so as to avoid conflicts. The contract vendor shall make every reasonable effort not to interrupt scheduled member activities with work under the contract. The contract vendor shall notify the member of any construction work that may negatively Impact scheduled member activities due to noise, etc. 5.2. Coordination with other vendors: The contract vendor shall coordinate with other contractors. 5,3. Interruption of other work: The contract vendor shall employ such methods or means as will not cause any interruption of, or interference with, work of any other contractor on the project site. 6. DELIVERY OF CONSTRUCTION MATERIALS: 6.1. Condition of materials on delivery: The contract vendor shall deliver materials to the worksite in new, dry, unopened, and well -marked containers showing product and contract vendor's name. Damaged or unlabeled materials will not be accepted. 6.2. Delivery requirement: The contract vendor shall deliver materials in sufficient quantity to allow for continuity of work. Delivery shall be coordinated with the member's representative. 6.3. Precautions: The contract vendor shall take all necessary precautions to protect Its materials from damage, theft and misuse. The member shall have no responsibility for such precautions or protection. 6.4. Rejected and damaged material: Damaged or rejected materials shall be Immediately removed from the work area. 7. 'INSURANCE 7.1. Course of Construction Insurance: Upon request from member, contract vendor shall purchase and maintain course of construction insurance equal to the estimated replacement cost of the property after completion of the entire work at the site as called for In the purchase order. The Insurance form will be an "all risk" type policy with standard exclusions. Coverage shall include ternporary structures, scaffolding and office trailers at the site, as well as materials and equipment at the site destined to become a permanent part of the property. Any additional costs associated with course of construction Insurance must be identified in the pricing workbook, 7.2. Deductibles: Contract vendor shall pay the deductibles required by the insurance provided under this agreement 7.3. Indemnification: inuring the Ilfe of the contract, contract vendor agrees to save and hold harmless Mohave and/or its members from any and all liability for loss or damage to persons or property arising out of the work required by the contract. Contract vendor further, agrees to waive any right of recovery against Mohave and/or its members for damage to the property of contract vendor, whether caused by negligence on the part of Mohave and/or Its members or otherwise. This provision Includes specifically the waiver of right of recovery against Mohave and/or Its members for Fire damage to property under contract and not yet formally accepted by member even though said property at the time of loss may be occupied, In whole or in part, by member. 7.4. Proof of Insurance: Evidence of the required Insurance shall be provided by means of a certificate of insurance naming Mohave as the certificate holder. In addition, contract vendor must be willing to provide, upon request, identical certification of insurance to any member using this contract. Upon request, contract vendor shall provide member with a certificate of Insurance naming the member as an additional Insured. All Insurance policies shall Include a clause to the effect that the policy shall not be cancelled or reduced, restricted or limited until thirty days after the member has received written notice, evidenced by a return receipt of a registered or certified letter, of the proposed action. 7.5. Scope of Insurance: Contract vendor's Insurance shall provide adequate protection for contract vendor and contract vendor's subcontractors, respectively, against damage claims which may arise from operations under this contract, whether such operations are by the insured or by anyone directly or Indirectly employed by the insured. All Insurance must be written by companies CEO incorporated within the United States (exclusive of Territories or Possessions) and licensed or authorized to do business In Arizona. iIi'hldL iiiii r+. 8.1. Labor practices: The contract vendor must agree to treat its labor in keeping with its labor contract agreement and to the best. Interest of the member. Any overtime practices or retroactive agreements with labor unions that would be to the detriment of the member must be limited to only those approved by the member. 8.2. Labor requirements: The method and manner of performance must be stated: employees of the contract vendor are not employees of the member; the level of competency of the personnel will be subject to approval by the member; the contract vendor must agree to comply with all local, state and federal laws; adjoining property owners must not be annoyed by nolse, pollutants, material hauling operations;' procedures for dealing with fire, theft, and storm damage must be established; methods the contract vendor will use to guarantee safe job practices relating to the health and welfare of the member employees and contract vendor employees will be clearly stated. 8.3. Quality of work: All work under the contract shall be accomplished by experienced craftsmen, helpers: and laborers under the supervision of the foreman or supervisor. 8.4. Removal of Employee or Representative: The member shall have the right to require the contract vendor to remove from the project any employee or representative of the contract vendor, its subcontractors or suppliers that the member may deem incompetent, careless, Insubordinate, or otherwise unacceptable. B.S. Supervision; The contract vendor shall furnish the services of an experienced foreman or supervisor who will continually be In charge of work on the project. The foreman or supervisor shall provide continuous supervision, coordination and inspection of the work required under the contract. 9. LIQUIDATED DAMAGES Any agreements on liquidated damages and early completion incentives shall be between the member and the contract vendor and must be agreed upon in writing prior to start up. If the member declines a liquidate damages or early incentive agreement, the contract vendor shall obtain a written and signed statement to this effect. Mohave shall not be a party to liquidated damages or early completion incentive agreements. 10. MEMBER COSTS Temporary electrical service and the cost for power, the cost for water,: and other member costs shall be identified In writing and agreed upon. 11. PERFORMANCE AND PAYMENT BONDS 11.1. Issuing performance and payment bonds: Upon execution of a contract between a member and the contract vendor, performance and payment bonds shall be provided to the member as required in ARS § 34-222, 3+223, 28-6923, 41-2574; or 117-2-1103 (A, B, Cl 0), as applicable. The contract vendor agrees to notify the member in writing of this requirement before accepting any work orders. The contract vendor will supply Mohave with a copy of the bonds upon request. If the contract vendor fails to deliver any required performance or payment bond, the contract with Mohave may be cancelled. Members who elect to waive these bonds must Indicate their decision, In writing, to Mohave. For members who are required to obtain performance and payment bonds per the above requirements, contract vendor agrees to provide these bonds to the member. 11.2. Payment bond requirement: An irrevocable payment bond in an amount equal to 100%v of the price specified In the contract between the member and the contract vendor shall be executed by a surety company authorized to do business in Arizona. This bond will protect all persons supplying labor and material to the contract vendor for the performance of the work provided In the contract. 11.3. Performance bond requirement: An Irrevocable performance bond In an amount equal to 100% of the price specified In the contract between the member and the contract vendor shall be executed by a surety company authorized to do business In Arizona. 12. PROGRESS PAYMENTS 12.1. Progress Payments on Construction; 117-2-1105 allows for progress payments if the contract vendor agrees to adhere to ARS § 41-2577 (B) (D) (F) and as applicable in ARS § 34- 221. All progress payments must be Invoiced to the member; it Is the responsibility of the member to review and approve any estimates of work completed, If the member issues a written statement to the bidder that the estimate of work is not approved and certified, the member may withhold an amount from the progress payment the member reasonably expects to incur in ,correcting the deficiency set forth in the written finding, as permitted In 117-2-1105 (A). In such cases,, the bidder agrees toz hold Mohave harmless for any deficiency of payment. Progress payments may be: made to the contract vendor on the basis of a duly certified and approved estimate of work performed during the preceding month, The contract vendor must agree to pay any subcontractors or material suppliers within seven days of their receipt of the progress payment, unless otherwise agreed on In writing between the parties. 12.2. Schedule of payments: Once all bonds are in place, the contract vendor and the member will agree upon a schedule of payments based on identifiable milestones. If any payment Is delayed beyond 30 days from the due date, the bidder agrees not to charge Mohave interest on the late payment. Any late charges will be the total responsibility of the member. The bidder may extend any due date to avoid the requirement to pay interest In 117-2- 1105 (D) and ARS § 41-2577 (E) and as applicable In ARS § 34-221. Acceptance of final payment is a waiver of all claims except unsettled claims previously made In writing. 12.3. Subcontractor notification. A subcontractor to the prime contractor may request, in writing, that member notify the subcontractor in writing within five (5) days from payment of each progress payment made to the prime contractor [R7-2-1105 (C) and ARS § 41-2577 (C) and as applicable in ARS § 34-221]. Upon request, the prime contractor must provide Mohave or the members with a contact name, title, company name, mailing address and fax number for all subcontractors and suppliers that are covered by a payment bond. 13. PROJECT ADVERTISING The contract vendor must agree that the member reserves the right to release information about the project and that any advertising of the project by the contract vendor must be approved by the member. 14. PROJECT COMPLETION 14.1. Project documents: Upon completion of the work, the contract vendor shall present the member with all documents necessary to closeout the project. Maintenance manuals, drawings, warranties on installed equipment, etc,, shall be given to the member. 14.2. Unfinished work: Even if final payments are made, if the member discovers an unfinished job that should have been completed, the contract vendor shall complete the work In a timely fashion at no additional cost. 15. PUBLIIC WORKS 15.1. Preservation: The contract vendor shall be responsible for the preservation of all public and private property included on or adjacent to the worksite. This requirement shall apply to the surface and hidden features of the property. 15.2. Receipt of public funds: Contract vendors and subcontractors will meet the requirements of ARS § 34, Article 3, for eligibility to receive public funds. 15.3. Residency requirement: ARS § 3,1-302 states that only persons who have been for not less than one year a bona fide resident of Arizona shall be employed in the performance In any public work. A public works contract is defined in ARS § 31-321 as "a contract to Wtv leh the stag or a political subdivision is a party involving the employment ref laborers, workmen or rnechanics in the construction, alteration or repair ofl3ubkic buildings or improvements." It shall be the responsibility of the contract vendor to comply with these laws, when applicable. 15.4. Restoration: The contract vendor shall repair, rebuild or otherwise acceptably restore any property on or adjacent to the worksite that was damaged .during the course of work on the project. Such restoration shall be at the contract vendor's expense, and is not subject. to reimbursement by the member. 15.5. Rules, regulations and cosies: Construction work on public buildings shall be in compliance with the state bre code unless a fire code has been adopted by the city, town, county or fire district in which the building is located, Public buildings shall be constructed in compliance with applicable building, plumbing, electrical, fire prevention and mechanical codes adopted by the city, town, county or fire: district In which the building is located. If a public building is built in an area that has not adopted local codes, (lie building shall be designed or constructed according to the state fire cede adopted by the state fire marshal and the building, plumbing, electrical, fire prevention and mechanical codes that apply in the largest city In the county in which the building is located. Public buildings are subject to those codes that apply and are in effect when the building Is designed or constructed and to the currently ac:lopted cosies when a building is found to be structurally unsafe, without adequate egress, or a fire hazard or are otherwise dangerous to human life. "Public Building" means a building or appurtenance to a building that is built in whole or In part: with public rnonles (see ARS § 34- 461). 16. RETENTION 16.1. Retention requirement: Ten (10) percent of all contract payments shall be retained by the member as insurance of proper performance of the contract vendor. Contract vendor agrees to Identify the amount to be retained on Invoices to member for each progress payment. When flft-y (50) percent of the work is completed, one half of the arnount retained shall be paid to the contract vendor if the contract vendor requests payment and if the member is satisfied with the progress of the work. After the work is fifty (50) percent completed, no more than five percent of the amount of any subsequent progress payments shall be retained, unless the governing board of the member determines satisfactory progress is not being made, at which point ten percent retention shall be reinstated, 16.2. Substitute security: If the member and the contract vendor agree to a substitute security, the agreement must be: in full compliance with R7-2-1104 (l), E, F, G), or 41-2V6 as applicable to the purchasing member. If a substitute security is agreed to, the contract vendor must provide Mohave and the member with a signed and acknowledged waiver of any right or power of the obligor to set off any claim against Mohave, or the member in reladonshlp to the security assigned. 17. RULES, REGLILATIONS AND CODES 17.1. Certification of personnel regarding renovations, repair, and painting: Personnel performing renovations, repair, and painting activities that disturb lead-based paint in target housing and child -occupied faciiities constructed before 1978,,shall comply with Part II, Environmental Protection Agency, 40 CFR Part 745, Lead; Renovation, Repair, and Painting program; Lead Hazard Information Pamphlet (litti): www.el?a. ov ). 17.2. Compliance: All work will be accomplished In conformance to OSHA safety requirements, and any additional federal, state, or local fire or safety requirement. When specifications or scope of work will result Irl a violation of a code or result In an unsafe condition, the contract vendor must Inform the member of the situation. The contract vendor will, not construct any device or produce any condition that intentionally violates a fire or safety code or safety standard. 17.3. Hazard notification: Contract vendor must advise member whenever work is expected to be hazardous. 17.4. Liens/serial numbers: All materials shall be free of liens. Bids must be for equipment on which the original manufacturer's serial number has not been altered in any way. 18. SUITS FOR NONPAYMENT OR NONPERFORMANCE All suits for nonpayment or nonperformance shall be flied as allowed In R7-2-1103 (F). 19.Sl1RETY COMPANIES Surety company requirements: Surety companies issuing bid bonds, performance 'bonds and/or payment bonds under this contract must be licensed by the Arizona Department of Insurance. Evidence of such license will be the name of the surety company on this monthly surety listing provided by the Corporate and Financial Affairs Division of the Arizona Department of Insurance (www.ld.state.az. us), 20. WARRANTY/ MAINTENANCE CONTRACTS 20.1. Extended warranties/ service contracts: The contract vendor or a manufacturer may offer extended warranties available at: extra cost for members that agree to a maintenance contract. The maintenance contract shall be offered as a separate line item. Upon request, training must be offered by the contract vendor for the maintenance staff of the member and Will be arranged before installation as part of the purchase contract. This training shall be priced per contract pricing. 20.2. Warranty work: The contract vendor shall perform all warranty work and remain available to the member should continued service be required after warranty obligations are met. 21. WORKSITE 21.1. Site access: The member shall provide an all-weather road to the site and prepare the site with room for construction equipment. 21.2. Site conditions: The condition of the site before start up shall be agreed upon between the member and the contract vendor and shall be written into the contract. 21.3. Stored Materials: Upon prior written agreement between the contract vendor and member, payment may be made for materials not incorporated in the work but delivered and suitably stored at the site or some other location, for installation at a later (late. An inventory of the stored materials shall be provided to member prior to payment Such materials shall be stored and protected In a secure location, and be insured for their full value by the contract vendor against loss and damage. Contract vendor agrees to provide proof of coverage and/or addition of member as an additional insured upon member's request. Additionally, if stored offsite, the materials shall also be clearly identified as property of member and be separated from other materials. Member shall be allowed reasonable opportunity to Inspect and take inventory of stored materials, on or offsite, as necessary. General Terms and Conditions and Standard Terms and Conditions for Construction Acceptance Form Signature on Page 53 certifies complete acceptance ref the General Terms and Corrdltions and the Standard Terms and Conditions for Construction in this sollotation, except as noted below (additlonal pages may be attached, if necessary). Check one of the following responses to the General Terms and the Standard Terms and Conditions for Construction: �X We take no exceptions/deviations to the General Terms and Conditions and the Standard Terms and Conditions for Construction. (Note: If nothing is listed below, It is understood that no exceptionsAdevlatlons are taken) [� We take the following exceptions/deviations to the General Terms and Conditions and the Standard Terms and Conditions for ConsrrLGction. All exceptions/deviations. shall be clearly explained, Reference the corresponding general terms and conditions and/or Standard Terms and Conditions for Construction that you are taking exceptions/deviations to, Clearly state if you are adding additional terms and conditions to the General Terrns and Conditions and the Standard Terms and Conditions for Construction. Provide details on your exceptions/deviations below: (Nate: All requested exceptions/devlations must be clearly explalned, Reference the specific terms and conditions that you are taking exception.0evladons to, detail any proposed substitute terms and conditions, and clearly demonstrate how Moha ve and Its membership will be better served by the substituted terins and conditions. Unacceptable exceptions1devfadons shall remove your bid from consideration for award. Mohave shall be the sole jijdye on the acceptance of exce,atlons and Nolrave s decision shall be final.) I SDecial Terms and Conditions 1 The following Special Terms and Conditions are In addition to the applicable General Terms and Conditions and Standard Terms and Conditions for Construction that appear on pages 33-51 Please review them and complete the Special Terms and Conditions Acceptance Form (page 32). 1. DELIVERY 1.1. Default in one installment to constitute total breach: Contract vendor shall deliver conforming materials In each installment or lot under this contract and may not substitute nonconforming materials. Mohave reserves the right to .declare a breach of contract If contract vendor delivers nonconforming materials to any member under this contract. 1.2. Defective goads: Contract vendor' agrees to pay for return shipment of goods that arrive in a defective. or non-operable condition. Contract vendor shall arrange for return shipment of damaged or defective goods. 1.3. Delivery time, Failure to deliver any order within the time frame specified on the purchase order may result in cancellation of that purchase order: 1.4. Improper delivery: If the goods or tender of delivery fall in any respect to conform to this contract, member may reject the whole, accept the whole, or accept any commercial unit. or units and reject the rest. I.S. Restocking fees: A restocking fee may only be charged on products ordered and delivered to member's site, restocking fees In excess of fifteen percent (15%) shall not be allowed. Contract vendor may waive restocking fees. Shipping charges on returns must be identified. Restocking and return shipping charges shall be identified on the price workbook. 2. FORM OF CONTRACT 2.1. Contract vendor contract documents: Mohave will review prospective contract vendor contract documents. Contract vendor's contract documents shall not become part of Mohave's contract with contract vendor unless, and until, an authorized representative of Mohave reviews and approves them. If a firm submitting a bid requires member to sign an additional agreement, a copy of the proposed agreement shall be included with the bid. 2.2. Form of contract: The form of contract for this solicitation shall be the Invitation For Bid, the awarded bid(s), and properly issued member purchase orders referencing the requirements of the Invitation For Bid, 2.3. Parol evidence: The contract represents the final written expression of agreement. All agreements are contained herein and no other agreements or representations that materially alter it are acceptable: 3. INSTALLATION Installation shall be scheduled directly with the member and be done in a reasonable amount of time. Installation shall be in accordance with the manufacturer's Instructions and shall be accomplished by skilled and properly licensed individuals. 4. INSURANCE 4.1. Liability insurance: Prior to commencing services under this contract, contract vendor shall procure and maintain during the life of this agreement, comprehensive public Ilabllity insurance, to include automobile liability, providing limits of an aggregate amount of not less than $2,000,000. Evidence of the required Insurance shall be provided by means of a current certificate of insurance with the coverage as stated above, with your bid. Before any orders are processed under an awarded contract, contract vendor shall provide a certificate that names Mohave as the certificate holder. Place after Tab 2b. In addition, contract vendor must be willing to provide, upon request, identical certification of Insurance to any member using this contract. 4.2. Subcontractor insurance: Prior to commencing any work, any Subcontractor shall procure and maintain at its own expense until final acceptance of the work, insurance coverage in a form and from insurers acceptable to the prime contractor. All subcontractors will provide workers` compensation Insurance, which waives all subrogation rights against the prime contractor and member. 4.3. Workers' compensation insurance: Contract vendor shall also procure and maintain during the life of this agreement, workers' compensation Insurance for all of contract vendor's employees engaged in work under the contract. All workers' compensation insurance will be in compliance with state statute and evidenced by a certificate of insurance. S. MAINTENANCE- FACILITIES AND -SUP It is preferred that each contract vendor should have maintenance facilities and a maintenance support system available for servicing products throughout Arizona, or the regions specified in their offer. If a third party is used to provide maintenance or warranty work, bidder must include details of any such arrangement: In the bid, Trained and qualified technicians shall be available to cover all parts of the starve, or specific regions within the state for regional.offers. It is preferred that maintenance services are available within 24 hours: Maintenance facilities must have sufficient parts Inventory to provide quality service on products sold to members, 6. MANUFACTURER SUPPORT Bidders submitting bids as a manufacturer's representative must be able, if requested by Mohave, to supplement the bid with a letter from the manufacturer certifying that bidder is a bona fide dealer for the equipment offered, that bidder is authorized to submit a bid on such equipment, and which guarantees that should bidder fail to satisfactorily fulfill any obligations established as a result of the award of contract, the manufacturer will either assume and discharge such obligations or provide for their competent assumption by one or more bona fide dealers for the balance of the contract period. MEMBER AGREEMENTS Some members may request the addition of specific requirements that would apply to products and services purchased under an awarded contract. 'These additional requirements shall be addressed through the use of an additional member agreement. In any agreement between the contract vendor and a member based on this contract; the terms and conditions of this contract shall prevail, Contract vendor and member must agree to all provisions in any additional agreements, If agreement requirements result: in additional costs to the contract vendor, the contract vendor shall be entitled to direct reimbursement for these costs, in addition and separate from approved contract pricing. A copy of the additional member agreement shall accompany the member purchase order. S. BID ACCEPTANCE PERIOD A bid submitted in response to this solicitation shall be valid and irrevocable for one hundred twenty (120) days after opening time and date. 9. OVERVIEW 9.1. Bidder qualifications; It is preferred that the bidder has extensive knowledge and at least three (3) years experience with the products and services offered. Mohave reserves the right to accept or reject newly -formed companies solely based on information provided In the bid and/or its own investigation of the company. 9.2. Bid Bond. Bidder shall provide an original bid bond or alternate bid security In the amount of $100,000. Place afiFer Tab if Note: Bid security as a percentage of the bid value (e.g. — 10% of contract award) is not acceptable, 93. Banding Capacity. The required minimum single job bonding capacity for this contract shall be $750,000. Provide a letter from your bonding agency describing your current bonding capacity (single and aggregate leveds) and how much bonding capacity will be available For this contract. An agent of your licensed bonding agency shall sign the letter. If the original letter Is not signed and/or has conflicting information, it shall render your bid nonresponsive. Pace tetter frnrn banding agency atter Ta61f. 9.4. Order cycle overview: 1, Member forwards purchase orders to Mohave that lists the contract number. Vendor listed on the purchase order is contract vendor, 2. Mohave reviews and emails member order with "AIE5C Reviewed' stamp, to contract vendor and member. 3. Contract vendor provides product/services. 4.Contract vendor invoices member. S.Member pays contract vendor. 6.Contract vendor sends monthly Reconciliation Report to Mohave. 7.Contract vendor remits administration fee monthly, based on invoices paid. 8.Mohave audits selected purchases. 10. PRICING, 10.1.Administration fee: Mohave's 1% administration fee shall be included in bidder's contract price. Contract vendor shall not add the administration Fee to approved contract prices. The value of trade-ins or rebates shall not affect the amount of administration fee paid to Mohave. 10.2. Application of pricing: In Mohave's purchase order review process, the date Mohave receives a member purchase order or the date of a valid contract vendor`s quote will generally be used to determine the contract pricing that Is in effect for that order. The date Mohave receives a member purchase order will only be used to determine the contract pricing that is in effect for an order when a contract vendor's quote does not exist or Is Invalid, However, other factors may apply. 10.3. Basis for pricing: Contract pricing under this IFB must be based upon: 1. Percent of discount(s) off manufacturer's price list($) or catalog(s); 2. Firm fixed price with economic adjustment (contingencies for economic price adjustments must be identified in the bid); or 3. A combination of the above. 10.4. Catalogs/price lists: A copy of the latest edition of the price list or catalog to which discount shall be applied shall be included with bid. Include a copy of the latest edition of all applicable price lists or catalogs to which discount shall be applied with your bid, Submission of outdated price lists or catalogs may result in rejection of bid. 10.5, Combination pricing: Bids for combination contracts shall clearly Identify items covered by discount(s) and those with fixed prices. Prices for such contracts shall be adjusted as Identified for the appropriate contract type above. 10.6. Decimal places: Pricing shall use a maximum of three (3) decimal places, unless specified otherwise. 10.7. Discounts: Discounts must clearly identify the percent of discount to apply to the price list. If multiple discounts apply, bidder shall clearly Indicate the discounts and applicable materials or services. Bidder shall agree that there will be no reduction In discount(s) during the term of contract. 10.8. Effect of price: No contract shall be awarded solely on the basis of price. 10.9. Established catalog price: The price Included in a catalog, price list, schedule or other form that: . Is regularly maintained by a manufacturer, distributor or contractor. Is either published or otherwise available for inspection by customers. • States prices at which sales are currently or were last made to a significant number of any category of buyers or buyers constituting the general buying public for the materials or services Involved. Established catalog price Is referred to as manufacturer's price list, price list, or catalogs throughout' this solicitation. 10.10. Fixed prices: Fixed price bids shall include prices for any and all Items. Fixed prices shall be firm until each anniversary date of the contract, unless there is an occurrence of one or more allowable economic price adjustment contingencies outlined In the bid. If allowable price adjustment contingencies occur, contract Vendor may submit a fully documented request for price adjustment to Mohave. The documentation must substantiate that any requested price increase was clearly unpredictable at the time of bid submittal and results from an increased cost to contract vendor that was out of contract vendor's control. 10.11. Fixed price review: Mohave will review requests for fixed price adjustments to determine if the new, prices or another option Is in the members' best interests. New fixed prices shall apply to the contract upon approval from Mohave. Price changes shall be a factor in contract renewal. 10.12. Market basket: If bidder is providing an alternative product in the Market Basket, bidder must provide specifications for those products. White papers are not speclflcatlons and ,are not acceptable. 10.13. New catalogs/price lists: New price lists, workbooks and/or catalogs may be submitted for review throughout the term of the contract, Mohave will review new price lists, workbooks and/or catalogs to determine if the new prices or an alternative option Is in the members' best interests. New price Ilsts, workbooks and/or catalogs shall apply to the contract only upon approval from Mohave. New price lists, workbooks and/or catalogs Found to be non-competitive at any time during the contract will be grounds for terminating the contract. 10.14. Overcharges by antitrust violations: Mohave maintains that overcharges resulting from antitrust violations are borne by the purchaser. Therefore, to the extent permitted by law, contract vendor assigns to member any and all claims for such overcharges as to the goods or services used to fulfill the contract. 10.15. Percent of discount as fixed price: Percent of discount bids that are not based upon published price lists;.or catalogs will be administered as fixed price contracts. 10.16. iPrice reduction and adjustment: Price reduction may be offered at any time during a contract and shall become effective upon notice of acceptance from Mohave. Special time- limited reductions are permissible under the following conditions: 1) reduction is available to all members equally, 2) reduction is for a specific time period, normally not less than 30 days; 3) original price is not exceeded after the time -limit; and 4) Mohave has approved the new prices prior to any offer of the prices to a member. 10.27. Price workbook: All bidders must complete the 15E-0324 Painting Pricing Workbook titled "15E Painting WB.xis". Provide a CD, USB, or similar electronic media device with the completed workbook In your response. Paper copies: of the workbook are required. Failure to complete and submit the 15E-0324 Painting Pricing Workbook shall render your bid nonresponsive. Place after Tab 3a: If awarded a contract, all future pricing updates shall be based on the electronic workbook, or similar approved format. 10.18. Reimbursement for transportation, mileage, lodging, meals and incidental expenses (MW E): Contract vendor may charge for transportation, mileage, lodging and MWE costs for employees that are required to travel to perform services at member site under this contract.. An overnight stay is required for lodging reimbursement; Mileage reimbursement shall be at a specified rate. Transportation charges are separate from mileage, and may include airfare, car rental, etc. Reimbursements under this section shall not exceed the rates listed in approved pricing, and may not exceed the actual charge. To be eligible for reimbursement, estimated, charges must be on the quote and approved by the member, Receipts for such reimbursements must be provided upon request from the member. 10.19. Travel time, mobilization, or trip charges: Contract vendor may charge for travel time; mobilization, or trip charges under this contract. Travel time Is a labor rate charged for time in transit to and from a job site, per person. Travel time may be used with mileage reimbursement, but shall be listed separately. Travel time charges are only applicable for out of area employees working in Arizona under this contract. Mobilization or trip charges are charges for the movement of equipment to the jobsite. Charges under this section shall not exceed the rates listed in approved pricing. Such charges must be on the quote and approved by the member. 10.20. Special pricing offers; Special pricing offers (e.g., volume discounts) must apply to all Mohave orders of similar size and scope. Special pricing limited to a :single member Is not acceptable. Mohave must approve special pricing before it is offered to any member. 11. SAMPLES 11.1. Sample evaluation: Samples will be compared to bid specifications and evaluated as to materials used In construction, quality and workmanship, durability, adaptability to the use for which the items were intended, and overall appearance. 11.2. Sample requirements, Samples may be required prior to awarding a contract. Bidder shall provide adequate samples and detailed specifications for any item offered. Samples must be submitted within ten (10) days of request from Mohave. 11.3. Sample submittals: Samples shall be free of charge and submitted and removed by bidder at bidder's expense. Award samples may be. held for comparison with deliveries. Mohave shall not be held responsible for samples damaged or destroyed in examination or testing. Samples not removed within thirty (30) days after notice to bidder will be considered abandoned, and Mohave shall have the right to dispose of them, 12. S1TE REQUIREMENTS 12.1. Cleanup: Contract vendor shall clean up and remove all debris resulting from their work as required or directed by member. Upon completion of the work, the premises shall be left in good repair and unobstructed condition. 12.2. Contract vendor employee fingerprinting: Contract vendor and Its employees or subcontractors working under an awarded contract who are required to provide services on a regular basis at an individual school, shall obtain and present a valid Department of Public Safety fingerprint clearance card in accordance with ARS § 15-512 (H). The fingerprint card shall be Issued pursuant to Title 41, Chapter 12, Article 3.1. Charges for such fingerprint checks will be the responsibility of the contract vendor, subcontractor or individual employee as determined by the member, An exception to this requirement may be authorized in member's Governing Hoard policy, for persons who, "as part of the normal ebb duties of the persons, are not likely to have independvnt access to or unsupervised contact wlth pupils.,, Contract vendor and its employees or subcontractors shall not provide services on school district property until so authorized by the school district. Additionally, contract vendor shall comply with applicable governing board fingerprinting policy(ies) at the school district where services are provided. 12.3. Onsite Contract Vendor Responsibilities; The contract vendor is responsible for ensuring that all onsite work performed under this contract meets or exceeds the OSHA standards, and is responsible for ensuring safe work performance of employees and subcontract vendors. Contract vendor and Its employees or subcontractors shall report accidents and incidents immediately to the member's responsible staff or its administration. The contract vendor is responsible for providing and obtaining appropriate medical and emergency assistance and notifying fire and law enforcement agencies, when necessary. Except for rescue and emergency measures, the scene of the accident or incident shall not be disturbed; and the operation shall not resume until authorized by the member's responsible staff or administration. The contract vendor must assist and cooperate fully with the Investigation of the accident/incident and ensure availabillty of all Information, personnel and data pertinent to the Investigation. For preemptive purposes, contract vendor and its employees or subcontractors shall Immediately report to the member's responsible staff or administration all areas of concern that could potentially lead to accident or injury. 12.4. Preparation„ Contract vendor shall not begin a project For which member has not prepared the site. Slte preparation includes, but Is not limited to: moving furniture, installing wiring for networks or power, and similar pre -Installation requirements. 12.5. Registered sex offender restrictions: For work to be performed at an Arizona school, contract vendor agrees that no employee or employee of a subcontractor who has been adjudicated to be a registered sex offender will perform work at any time when students are or are reasonably expected to be present. Contract vendor agrees that a violation of this condition shall be considered a material breach and may result in the cancellation of the purchase order at the member's discretion. 12.6. Safety measures: Contract vendor shall take all reasonable precautions For safety on the worksite, and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Contract vendor shall post yarning signs against all hazards created by its operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers, general public, and existing structures from Injury or damage. 12.7. Smoking: Persons working under the contract shall adhere to local smoking policies. Smoking will only be permitted in posted areas or off premises. 12.8. Stored materials; Upon prior written agreement between the contract vendor and member, payment may be made for materials not incorporated in the work but dellvered and suitably stored at the site or some other location, for installation at a later date, An inventory of the stored materials must be provided to member prior to payment. Such materials must be stored and protected in a secure location, and be Insured for their full vaiue by the contract vendor against loss and damage. Additionally, if stored offsite, the materials must also be clearly identified as property of member and be separated from other materials. Member must be allowed reasonable opportunity to inspect and take inventory of stored materials, on or offsite, as necessary. Until final acceptance by the member, it shall be die contract vendor's responsibility to protect all materials and equipment. The contract vendor warrants and guarantees that title for all work, materials and equipment shall pass to the member upon final acceptance. Payment for stared materials shall not constttute final acceptance or such materials. 13. SUBCONTRACTORS 13.1.Awarding subcontracts: Bidder agrees that any subcontract competitively solicited by contract vendor will not be awarded solely upon membership or non -membership in a union or professional association. 13.2. Entering subcontracts: Subcontracts shall incorporate by reference the terms and conditions of the Mohave contract. 13.3. Prime contractor: Contract vendor will be considered a prime contractor and not a subcontractor. Neither Mohave nor the member will establish a contractual relationship with subcontractors. 13.4.Subcontracts: No subcontracts shall be entered Into with any unlicensed party. Contract vendor must use subcontractors openly, include such arrangements in the bid, and certify upon request that such use complies with the current rules of the Arizona Registrar of Contractors and the Procurement Code. No subcontracting costs may be hidden in a cost bid to member. 13.5. Subcontractor payment: Contract vendor agrees to pay subcontractors within seven days after receipt of payment from member, as required in Arizona procurement rules and code. If contract vendor receives any Interest monies for delay of payment from member, contract vendor will pay subcontractor the correct proportion of Interest paid. Complaints by subcontractor may be resolved as described In Arizona procurement rules and code. Fallure to pay subcontractor for work faithfully performed and properly invoiced may result in the suspension or cancellation of this contract. 13.6. Use of subcontractors: Labor used to perform work under the contract shall permit the work to be carried on harmoniously and without delay, and that will not cause any disturbance, Interference or delay to the progress of the project (e.g. engaging in strike, work stoppage, picketing, ceasing work due to a labor dispute). Subcontractor shall not employ anyone whose employment may be objected to by prime contractor, member or Mohave, 14JERM OF CONTRACT AND EXTENSXON 14.1. Contract period: It is Mohave's intent to award a multi -term contract for the specified materials, equipment and services. The initial contract term shall be for one (1) calendar year from the effective date of contract award. By mutual written agreement between Mohave and contract vendor, the contract may be extended for up to four (9) consecutive additional 12 - month periods, beginningg immediately after expiration of the prior term. However, no contract extension exists unless and until contract vendor is so notified by Mohave. 14.2. Contract extension: Conditions for contract extension may include; but are not limited to: contract usage, satisfactory performance of services during the preceding contract term, ability to continue to provide satisfactory services, continued adherence to the contract requirements, and continued competitive prices for the materials and services provided under the contract. 14.3. Month-to-month extensions: Mohave reserves the right to offer month-to-month extensions if that is determined to be in the best interests of members. 15. WARRANTYIQUALITY+GUARANTEE 15.1. Fitness: Contract vendor warrants that any equipment or material supplied to Mohave or Its members shall fully conform to all requirements of the contract, all representations of contract vendor, and shall be fit for all purposes and uses required by the contract. 15.2. Inspection: The warranties set forth In this section shall not be affected by inspection or testing of, or payment for the equipment or materials to contract vendor by member. 15.3.Quality: Unless otherwise specified, contract vendor warrants that for one (1) year after acceptance of the equipment or materials by member, they shall be, o Of a qualityko pass without objection In the industry or trade normally associated with them; • Fit for the intended purpose(s) for which they are used; • Of even kind, quantity and quality within each unit and, among all units, within the variations permitted by the contract; • Adequately contained, packaged and marked as the contract may require; and • Conform to the written promises,or affirmations of fact made by contract vendor. 15.4. Warranty requirements: Contract vendor warrants that all equipment, materials, and services delivered under this contract shall conform to the specifications. Unless stated otherwise, all equipment shall carry a minimum 12-month manufacturer's warranty that includes parts and labor. Contract vendor agrees to help member reach resolution in a dispute with the manufacturer over warranty terms. Any extended manufacturer's warranty shall be passed on to member without exception, Mohave reserves the right to cancel the contract if contract vendor charges member for a replacement part that the contract vendor received at no cost under a warranty, Special Terms and Conditions Acceptance Form Signature on page 53 certifies complete acceptance of the Special Terms and Condltions in this solicitation, except as noted below (additional pages may be attached, if necessary). Check one of the following responses to the Special Terms and Conditions. c + 1 We take: no exceptions/ deviations to the Special Terms and Conditions. (Note., If nothing Is listed below, it understood that no exception.Ideviations are taken.) p We take the following exceptions/deviations to the Special Terms and Conditions. All exceptions/ deviations shall be clearly explained. Reference the corresponding Special Terms and Conditions that you are taking exceptions/deviations to. Clearly state if you are adding additional terms and conditions to the Special Terms and Conditions. Provide details on your exceptions/deviations below: (Note: AN requested exceptions/deviations must be clearly explained ,deference the specific- special pecific special terms and conditions that you are taking exceptions/deviations to, detall any proposed substitute special terms and conditions, and clearly demonstrate how Mohave and its membership will be better served by the substituted special terms and condiNons. Unacceptable exceptionsldevlations shall remove your bid from consideratlon for award Mohave shall be the sole judge on the acceptance of exceptions and MohavOdecision shall be final;) Scope of Work/Services t. DESCRIPTION In order to gain economies of scale, Mohave is formally soliciting statewide sources of exterior/interior painting and other coating applications, as specified within this Invitation For Bid. These products/services are requested for Mohave's membership of over 430 public agencies. Contracts, in whole or in part, shall be awarded to bidder, or bidders, for an initial one (1) year term and four (4) consecutive one-year extension options. The scope of work/services and minimum specifications define the quality and characteristics of the desired materials and application. They are based upon specifications for known acceptable manufacturers, processes, materials and/or brands such as Benjamin Moore, Dunn Edwards, Frazee, Rainguard Sherwin-Williams, and/or equal quality products. Specifications are not intended to be exclusive or to restrict competition. Bidders may offer alternate solutions, including alternate manufacturers, which meet the quality and performance characteristics In the specifications. Mohave shall review such bids and be the final judge on the acceptance of any alternate solutions. One contract vendor held Mohave's recently expired contract for the specified products and services. Activity under the contract from 7/1/13 through 6/30/14 was $1,823,970, and activity through the end of the contract term was $695,492. This information is provided as an aid to contract vendors in preparing bids only. It is not to be considered a guarantee of volume under an awarded contract. The discount and pricing schedule shall apply regardless of the volume of business under the contract. 2. ESTIMATED TIMELINE OF EVENTS Mohave has developed the following estimated timeline of events related to this formal solicitation. All dates are subject to change as required and at the sole discretion of Mohave. EVENT flaMaIED DA Invitation for Bids Issued Februa 24 2015 Pre-bid Conference Held March 10, 2015, 10:30 a.m. (local AZ time) Audio Only Pre-bid conference will be held utilizing WebEx telephone conferencing. Please contact Mohave for reservation details, Deadline for uestions March 17 2015 at 05:00 p.m. local AZ time Published IFB Due Date and Time March 24, 2015 at 3:00 p.m. (local AZ time) 625 East Beale Street Kingman, AZ 86401 Public Opening of Bids March 24, 2015 at 3:00 p.m. local AZ time Notice of Intent to Award est/mated date on/ April 17, 2015 Execution of Contracts estimated date and Aril 17 2015 3. SUBMISSION OF BIDS 3.1. Bids should provide straightforward, concise Information that satisfies the requirements. Expensive bindings and/or color displays are not necessary. Emphasis should be placed on conformity to the specifications and terms and conditions, as well as the completeness and clarity of the submittal content. 3.2. The bidder must submit a bid following information detailed in the IFS Instructlons to Bidder and Checklist. 4. CONTRACT TYPE The term contract shall be a percent of discount off manufacturer's price list or catalog, fixed price, or a combination of both with indefinite quantities. S. AWARD CRITERIA The award criteria for this solicitation are as follows: Award(s) shall be made to the lowest responsive and responsible bidder(s) whose bids) conform in all material respects to the requirements and evaluation criteria below: 1) Pricing Information: Discount summary, electronic workbook and/or pricing documents, mobilization and travel charges, pricing methodology, bond methodology; 2) Offer and Acceptance, Terms and Conditions, Scope of Work/Services and Specification Documents: Offer and Acceptance, amendments (if any), acceptance of General and Special Terms and Conditions, Standard Terms and Conditions for Construction, Scope of Work/Services, Specifications with exceptions/deviations noted, bid bond/alternate security, bonding capacity; 3) Required Information: Complete response to the Method of Approach and Qualification and Experience pages, references: (past performance Information), certificate of insurance; company financials; 4) Primary Contract Documents; Completed primary contract documents, support and maintenance information, sample.supplemental agreements; 5) Additional Information: Checklist form, descriptive literature and supporting printed data. References and definitions used for specifications and in the solicitation: (acronyms used in the solicitation are noted in bold font below)* IF American National Standards Institute (ANSI): www.ansLorg • American Society of Testing Materials (ASTM): www. astm.org • International Code Council (ICC): www.lccsafe,org • Leadership in Energy and Environmental Design (LEED): http://www.usgbc.org/leed • National Fire Protection Association (NEPA): www.nfpa.org Specifications SPECIFICATIONS Compliance with specifications: The fact that a manufacturer, supplier or bidder chooses not to produce or supply equipment, supplies and/or services to meet the specifications will not be considered sufficient cause to adjudge the specifications as restrictive. Bidders shall offer equipment, supplies, and/or services they believe come closest to meeting specifications. Deviations from specifications: Bidders will respond to each numbered specification by checking the appropriate "Comply" or "Deviate" box. "No Bid" items shall be marked as such in the appropriate "Deviate" box. Your exceptions/deviations must be clearly explained. Reference the specification that you are taking exceptions/deviations to, detail any proposed substitute language, and clearly demonstrate how Mohave and Its membership will be better served by the language. Unacceptable exceptions/deviations shall remove your bid from consideration for award. Mohave shall be the sole judge on the acceptance of exceptions and Mohave's decision shall be final. Details for exceptions/deviations will be listed by specification number on the Scope of Worklserwlces and .Specification Acceptance form. Partial bids. Mohave will consider partial bids for award of a contract. Mohave will be the sole judge of products/services offered, and Mohave's decision shall be final. Purpose of specifications: Specifications are designed to enable bidder to satisfy a requirement for a product, material, process, or service. A specification may be expressed as a standard, part of a standard, or independent of a standard. No specification Is intended to limit competition by eliminating items capable of satisfactorily meeting the requirements of the procurement. If bidder believes a specification is unnecessarily restrictive, bidder must indicate such In its bid. Use of brand names: Brand names, trade names, model numbers, and/or catalog numbers are used to describe the standard of quality, performance, and other characteristics needed to meet member requirements, Use of the name of a manufacturer, brand, make or catalog number is not intended to limit or restrict competition, nor does it restrict bidder from the submission of equivalent brands. However, Mohave reserves the right to decide whether alternatives to the identified manufacturer and brand are equal to the materials and equipment described in the solicitation. Mohave will be the sole judge on the question of equal quality, and Mohave's decision shall be final. Re uirement Com l Deviate* 1.1 General Re uirements 1.1..01 Contract vendor or subcontractors shall use trained and qualified X staff for all services offered.. 1.1.02 Work to be performed by the member shall be clearly defined and X documented on the quote, e.g. furniture removal, removal of doors and hardware before painting. Contract vendor shall not assume the member knows what steps are required prior to start of the F project. - 1.1.03 Prior to the start of the project, the contract vendor shall visit the X job site to verify the areas of work, dimensions and special conditions. 1.1.04 A Technical Data Sheet and/or Safety Data Sheet for each X product applied shall be pLavided to the member upon request. 1.1..05 Any additional costs for temporary electrical and water service shall X be identified for the member.. 1.1.06 Contract vendor shall cooperate with any architect, engineer, X general contractor, subcontractor, or other vendors workingon the same project, as necessary and as directed the member. X 1.1.07 If the member uses the building space at the time of the contract !:'� X vendor's work, the contract vendor shall agree to obtain written I approval from the member prior to the interruption of a classroom or program. 1.1.08 Contract vendor shall promptly notify member if the contract vendor X finds discrepancies in, or remissions from, plans, drawings, !:'� specifications and/or any other documents. For the project Member i' shall Issue written instructions upon such notification. Member shall not be held responsible for any oral instructions or information. 1. 1.09 Where applicable, all work shall be accomplished in a manner to X match adjacent existing work In the same area. 1.2 Standards Compliance and Safe Re uirements 1.2.01 Contract vendor shall comply with all current applicable ANSI and X ASTM requirements,. provisions and standards. 1.2,02 All projects shall be accomplished In conformance with current X applicable federal, state and location requirements. 1.2,03 When any aspect of the painting application Is not covered by a ; X building code or standard, current manufacturer's instructions shall be used, 1.2.04 Vandalism after contract vendor has left the worksite shall be the X responsibility of member, unless the vandals used materials left unsecured by contract vendor. i. 1.2,05 Contract vendor shall provide and hang "wet paint" signs In all area X where paint crews are operating, sufficient In number and size as to be seen from all approaches, 1.2.06 Contract vendor shall advise member whenever work is expected to J1JF_. X be hazardous. V1 1207 Removal of hazardous materials, such as lead paint, or abatement of A, X molt Is not allowed under an awarded contract. 1.3 Preparatog Work Requirements 1.3.01 Contract vendor agrees to handle and apply all products according X to the Instruction of the manufacturer, If .arty specifications below are at variance with those given by the manufacturer, manufacturer's recommendation shall be followed. If no specific preparation is recommended by the manufacturer, the following specifications shall be observed: All surfaces Including, but not be limited to; drywall, wood, various metals, masonry surfaces, previously painted surfaces, concrete floors, exterior wood, wood and. metal doors shall be cured, clean, dry and free from contamination that would interfere with the new coating adhesion. If any surface can't be properly prepared, the surface shall be stripped and completely refinished, at the direction of the member. 1.3.02 Cracks, nail holes or any Imperfections shall be filled with _X _ appropriate compound(s) and/or fillers required for surface type to be painted, Compounds or filler shall be finished per manufacturer's recommendation and to match existing textures. 1.3.03 Surfaces may be tested for lead, asbestos, or other hazardous X materials by the request of the member. 1.3.04 Before painting, contract vendor shall remove hardware accessories, X plates, lighting fixtures, screens, room numbers, louvers and all '�', items that would. be at risk during the painting process, The area shall be masked and protected for.area not being painted. General Requirements 1,3.05 On completion of each area painted, contract vendor shall replace X X hardware accessories and remove masking. if a sign or door caked, livered, curdled, thickened, skinned, nor badly settled In number was painted on the original wall, the room number or sign paddle to a good brushing consistency. It shall not body or thicken, shall be replaced as existing, unless otherwise authorized. cake, liver, curdle or skin when full, unopened containers are stored 1.3.06 Exterior finish shall not be applied in damp, rainy weather or untiP for six (6) months under warehouse conditions. All latex -based X the surface has dried thoroughly from the effects of such weather, 4 1.4.02 Paints and coatings shall be high quality, durable, long lasting paints Unless manufacturer specifications for a particular brand of finish with high hide to reduce the number of coats required for proper states otherwise, applications shall not be made in temperatures coverage and washable. below 50°F or when temperatures may fall below 50°F. X and leveling. 1.4 Exterior/Interior Painting and other Coating Application — General Requirements 1.4.01 Paint shall be well mixed and ground (homogenized). It shall not be X caked, livered, curdled, thickened, skinned, nor badly settled In container to such a degree that it cannot be dispersed easlly with a paddle to a good brushing consistency. It shall not body or thicken, cake, liver, curdle or skin when full, unopened containers are stored for six (6) months under warehouse conditions. All latex -based paints shallcontain "freeze/thaw" cycle characteristics. 1.4.02 Paints and coatings shall be high quality, durable, long lasting paints X with high hide to reduce the number of coats required for proper coverage and washable. 1.4.03 Paint shall have application properties for easy brushing, spreading, X and leveling. 1.4.04 Paint shall be applied by method best required by project surface, X (e.g. spray, brush or roller), unless a specific application method has been r uested try member. 1.4.05 Products shall be applied per the manufacturer's instructions using a X high quality natural or synthetic brush, roller, or spray equipment. Sealants, fillers; and special compounds shall be applied in the fashion recommended by manufacturer. ' 1.4.06 Each coat shall be applied with the proper consistency and be free X from brush marks, sags, runs, peeling, with no evidence of poor workmanship. Paint shall not overlap on windows, hardware or adjacent surfaces. Paint shall not seal a window so that windows and doors operate In a free fashion. Any glass scratched or damaged by contract vendor's work shall be replaced with the same quality and design at no additional cost to member. 1.4.07 Unless otherwise specified, the jamb and head of doorframes shall X be painted the same as the door, 1,4.08 Contract vendor shall avoid paint splatter or injury to adjacent X surfaces or areas. Drop cloths shall be used to protect furniture, flooring and surfaces. Any damage done including, but not be limited to; any surface, sprinkler systems or landscaping shall be restored by contract vendor at no cost to member. 1.4.09 Contract vendor shall comply with manufacturer's recommended X specified drying time between coats. 1.4.10 Paint, varnish or stain shall not be reduced, X 1.4.11 Additional quantities of paint or paint products for touch up and X re airs may be provided to the member upon request. 1.4.12 In the event lead paint Is discovered, work shall cease and member X shall be notified. 1.4.13 Contract vendor shall encapsulate lead paint according to current 7( applicable ASTM and IPA codes and re uirements. 1.4.14 Contract vendors shall not place demolished materials, trash, used X paint supplies, etc. in member's dumpsters. Contract vendor shall k M arrange: for legal removal of disposed materials. Any hazardous materials shall be removed in the manner prescribed by law. 1.5 Wall Coverings ('Waterproofing and Painting) I Requirements 1.5.01 Products shall be applied according to manufacturer's X instructions. _ 1.5.02 Finish coating shall exhibit exceptional resistance to abrasion, 13 X impact, hydrol is, oxidative discoloration, and solvents. 1.5.03 Vinyl wall covering shall be Installed without defects. X 1.5.04 All vinyl wall covering offered shall be stain, mildew, tear resistant, X fire rated, high tensile strength and offered in a variety of colors and designs. 11.5.05 Only vinyl wall covering with current and applicable ASTM, NEPA and ! X ICC Class A fire ratin shall be installed in public classrooms. 1.5 Custom Painting f Services and Extra -cost Provisions Requirements 1.6.01 Contract vendor may provide custom painting services including, X but not be limited to: playing fields, tennis courts and other athletic areas, striping and marking for traffic control, ernergency graffiti N removal including repainting, and wall covering services. 1.6,02 Striping and marking shall meet Current applicable AICA X requirements. 1.7 Environmentally Responsible (Green) Products and X Services Re uirements _ �X 1.7.01 Contract vendor shall make available to all members, environmentally responsible products and services, including low and no volatile or anic compounds VOC aims and coatings k; 1.7.07 Products shall not contain any ingredients that are carcinogens, x=' X mutagens, reproductive toxins, hazardous air pollutants or ozone- depleting compounds. An exception shall be made for titanium dioxide and for products that are pre -tinted carbon black by the manufacturer. Carbon black allowed under this exception shall be ' less than orequal to 1% by weight of the product. 1.7.03 Products shall not contain 1,2 -dichlorobenzene, alkylphenol X ethoxylates, formaldehyde -donors (preservatives that release formaldehyde vapors), heavy metals including lead, mercury, cadmium, hexavalent chromium and ant'imany in the elemental form or Compounds, phthaiates and priphenyl tins and tribe I tins. 1.7.04 Individual product VOCs shall produce an air concentration level no k X greater than 1/10 the threshold limit value industrial workplace. 1.7.05 Products shall contain no more than 0.5% by weight of sum total of X volatile aromatic compounds. 1.7.06 Products shall not contain more than OAS parts per million (ppm) of X formaldehyde. 1.7.07 The VOC Concentration of the product shall not exceed current X applicable ASTNI standard test method for specification of the VOC in low VOC content waterborne air-dry coatings (excludes water and i colorants added at the point-of-sale): Flat Topcoat: 50 g/L (grams per Liter) Non -Flat Topcoat: 100 g/L Primer or undercoat: 100 g/L Floor Paint: 100 /L Anti Corrosive Coating: 250 g/L X Reflective Wall Coating,, 50 9/1- /L1.7.08 1.7.08The VOC concentration of the product shall not exceed current X applicable ASTM standard test method for specification of the VOC X In low VOC content waterborne air-dry coatings (including colorants III added at the point-of-sale): X Flat Topcoat: 100 g/L (grams per Liter) Non -Flat Topcoat: 150 g/L Primer or Undercoat: 150 g/L Floor Paint. 150 g/L �{ Anti Corrosive Coating: 300 g/L Reflective Wall Coating: 100 911- L1.7.09 _ 1.7.09Packaging shall contain a minimum of 20% recovered material _ �- X content. An exception shall be made for packaging that can be recycled as part of a manufacturer take -back program. 1.7.1.0 Product packaging shall not exceed 100 ppm (0,011Io) of heavy _ X metals, including lead, mercury, cadmium, and hexavalent chromium, X 1.7.11 Environmentally responsible products submitted shall have the X desired attributes that qualify for points that will impact the LEER building certification. 1.7.12 Environmentally responsible products shall be applied according X to manufacturer's instructions. III 1.7,13 Contract vendor shall provide any certificates, testing, specifications X and/or literature for all Environmentally friendly products offered, If requested by the memtier. 1.8 Warranty of Work Requirements 1.8.01 Contract vendor shall, at his own expense, repair and replace all �{ defective work, which is found to be defective during the terra of the initial two from the date by (2) year warranty of acceptance of work member. _ 1.8.02 The warranty for any work repaired or replaced shall be extended _ X for a period of twelve (12) months from the date of such repair or replacement, 1.8.03 This warranty shall not apply to normal wear and tear or damage by _ X acts beyond the control of either pa!V. 1.8.04 Any touch-up work necessary to prepare a project for final X acce Lance shall be done at no additional cost to the member. *Exceptions/ deviations must be listed on the Scrape of WorklServlces and Specifications Acceptance ,Form. List the specification number for each exception/deviation. I Scope of Work/ Services and Specifications Acceptance Form 1 Signature on ,page 53 cert1Aes complete acceptance of the Scope of WorV5&rvice5 and Specifications in this solicitation, except as noted below (additional pages may be attached, Ifnecessary). Check one of the following responses to the Scope of Work/Services and Specifications: X We take no exceptions/ deviations to the Scope of Work/Services and Specifications. (Note., If nothing is listed below, it is understood that no exceptions/deviations are taken.) 71 We take the following exceptions/deviations to the Scope of Work/Services and Specifications. All exceptions/ deviations shall be clearly explained.. Reference the corresponding Scope of Work/Services or Specifications that you are taking exceptions/ deviations to. Provide details on your exceptions/ deviations below: (Note; All requested exceptions/deviations must be clearly explained. Reference the specific language that you are taking exceptionsydeviations to, detail any proposed substitute language, and clearly demonstrate how Mohave and its membership will be better served by the substituted language. Unacceptable exceptions/deviations shall remove your bid from considetatlon for award. Mohave shall be the sole judge on the acceptance of exceptions and Mohaves decision shall be Anal.) ,,,GMO'HAVE ARIZONA cooPERATtYE PUR:cHASING April 2, 2015 Attn, Kenneth C. Totlis, President Michael L. fiddle Painting, Inc: DBA, Riddle Painting & Coatings Company 522 N. Black Canyon Highway Phoenix, AZ 850.11-2118 Dear Mr. Totlis: Thank you for your response to IFB 1515-0324. We have now completed the evaluation of IFB 15E-0324. As required by the Arizona School District Procurement Rules (R7-2-1031, P, Q), the- original bid security submitted as part of your bid is being returned to you. Please contact me at (928) 718-3228, if there are any questions. Sincerely, Nancy L. Colbaagh, CPPB .Contracts Specialist I ffiwrr J419"J4 Bid Bond Bond.249II3 1 KNOW ALL MEN BY THESE PRESENTS, THAT, Nlichael L. Riddle Painting, inc DBA: Riddle Painiing & '[calms Company (hereinafter called Principal), as Principal, and Merchants Bonding Company Mutual a corporation organized and existing under the laws of the State of Iowa , with Its principal office in Lhe city of Des ivloines , (hereinafter called the Surety), as Surety, are held and firmly bound unto Mohave Educational Services Cooperative, Inc. in the State of Arizona, (hereinafter called the Obligee) in the amount of $100,000 for payment whereof the said Principal and Surety Find themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Exterior/Interior Painting and other Coating Application. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified In the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full forge and effect. The prevailing party in a suit on this bond shall recover as part of his judgment such reasonable attorney fees as may be fixed by a judge of the. court. Witness our hands this I st day of March —,20.15. Michael L, Riddle Painting, Inc. rills• ltiddlz Painiing d$ Coalin`s Company PRINCIPAL SEAL By Kenneth C. Todis, President Merch ants Bonding Com Stan (Muaual) SlJ lw'fY SEAL BY Richard B. Usher, Attorney -In -f=act Hill & L'sller ill]Ur MC@ wid Surriy AGENCY OF RECORD 3033 N 94th Street #M0 Phoenix AZ 85018-7275 • i Im W ME 1� CHANTS STT BONDING R L(10� 1', Bond #: 249113 lCOMPANY. _lM PA N Y. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies'), and that the Companies do hereby make, constitute and appoint, Individually, Richard B Usher of Phoenix and State of AZ their true and lawful Attorney -In -Fact, with full power and authority hereby conferred In their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surely any and all bonds, undertakings, recognlzanees or other written obligations in the nature thereof, subject to the limitation that any such Instrument shall not exceed the amount of Five Million ($5,000,000.00) Dollars and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -In -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attomey is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. 'The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vlee President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Comparry, and attach the seal or the Company thereto, bonds and undertakings, recognlzances, conlract, of indemnity and olher writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by famimlle or electronic transmission to any Power of Attorney or Cedificatlon thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed.' In Witness Whereof, the Companies have caused this Instrument to be signed and sealed this 27th day of February , 2012 . STATE OF IOWA COUNTY OF POLK as. a 1933 MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. Ely 7 7-,Presidant On Ibis 27di day of Febntary . 2012, before me appeared Larry Tayior, to me personally known, who being by me duly swam did say that ha Is President of the MERCHANTS BONDING COMPANY (MUTUAL.) and MERCHANTS NATIONAL BONDING, INC., and that the seals affixed to the foregoing instrument Is the Corporate Seals of the Companles; and that the Bald instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. o%Q4 M. WENDY WOODY A Commission Number 784654 My Commission Expires r .lune 20 2037 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK as. I, William Womer, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY eixecuted by said Companies, which is stili in full force and effect and has not been amended or revoked, In Witness Whereof I have hereunto set my hand and affixed the seal of the Companies on this l st day off +� ...2015 w " POA 0014 (7/14) 2003 �mOG Co • 0- V 1933 �3 74 Secrelaay W -MILL IOMM 1U.MSHEM Insurance. Bonds. Benefits. February 1, 2015 Mohave Educational Services Cooperative, Inc. 525 E Beale Street Kingman, AZ 86401 RE: Band Capacity Letter for: Michael L. Middle Painting Inc 5922 N. Black Canyon Hwy Phoenix, AZ 8501.7 To Whom It May Concern. As requested, we are pleased to advise that bonding for Michael L. Riddle Painting Inc. is approved for single: projects to limits of $750,000. Please feel free to contact us for any additional information. Sincerely, KL & SHER (—N� � UV Richard B. Usher, Attorney -In -Fact Merchants Bonding Company (Mutual) cc: Riddle Painting & Coating S922 N Black Canyon Hwy Phoenix, AZ 85017-2118 3033 North 44th Street, #300 1 Phoenix, Arizona 85018 1 Phone: 602.956:4220 1 Fax: 602.956.4416 www.hillusher.com Supplemental Information r Qualifications and Experience 1. Prepare an Executive Summary that provides a short narrative description; of what you are offering for this contract. Riddle Painting and Coatings is an Arizona Corporation established in 1982, founded on the principle that "the customer is always right." Riddle Painting and Coatings has been the Mohave painting contractor since 2000. As such, our number one objective is and hes been to make Mohave members our primary concern. Mohave members take priority over all other customers, in every way, because our experience has taught us that Mohave's members are a tight knit community that communicate with each other regularly. If one Vendor even lets one of the members down it can sour a member on the contract as a whole. Riddle Painting and Coatings has never had any complaints in fifteen years on the contract and if re -awarded, will continue to strive to be the best possible vendor on the Mohave contract. Supplemental Information — Qualifications and Experience 2. Bidder shall provide a project plan that describes how the bidder intends to implement the plan to Mohave and its members. This information will include, but not be limited to: Account team structure and role which includes, but is not limited to description of sales contact process, account team support, and periodic account review processes; • Communication process with Mohave and its members; • Delivery time to members; and Any other value-added services that may benefit members. Riddle Painting and Coatings is an Arizona corporation established in 1982 founded on the philosophy that the customer is always right. Provide the customer with a great product at a fair price, stand firmly behind our work, and provide employees with a safe working environment. Giving service after the sale and rewarding employees for each successful project has earned Riddle Painting and Coatings the excellent reputation we now enjoy. Riddle Painting and Coatings has been marketing directly to the Mohave members for so many years that we have contacts in almost every member's facility. We are intricately familiar with the bidding schedules and processes for Mohave members and we keep in contact with them throughout the year to make sure we hit all their benchmarks. Our account team consists of two Estimators / Project Managers, which are the primary points of contact for Mohave members for sales and project planning. We have a Project Coordinator that handles much of the paperwork, document control and communication between the customer and Mohave once a Purchase Order has been issued. Our Field Superintendent handles all our operations out in the field, including final punch lists and warranty work when necessary. Our Controller handles the billing and status reports with the customer and Mohave. The owner is responsible for overall quality control and management of the team. Mohave members are the lifeblood of our company so catering to their needs is our primary focus. Based on our experience we know it is important that we stay in contact with the members but don't inundate them with sales calls and correspondence. We know their schedules and understand their needs and we follow up to make sure they are happy with the service they received. All our customers have the contact information for everyone in our company so they can contact anyone here at any time. Supplemental Infoi-mation — Qualifications and Experience 3. Indicate how you will ensure your sales staff does not sell products or services that are not on contract or will not meet the public need. Riddle Painting and Coatings can assure Mohave that our sales staff will not sell products or services to members that are not on contract or will not meet the public needs, Our sales/estimating staff are salaried employees and do not work on a commission basis. We utilize line item bids that capture material to be used for each specific project. These line items conform to products described in our bids. Our sales staff has been active in preparing previous bid response with Mohave and is keenly aware of what products and services that should be applied to only Mohave members at the discounted prices. Riddle Painting and Coatings is confident in our ability to serve the needs identified in the IFS In an ethical and proper manner with the most integrity. RIDDtEi Painting ,� Coatings IFg ISE -0324 1. Indicate if your firm worsld qualify as a minority owned business. To qualify for ownership as a minority owned business, at least 51% of the firm's ownership must be held by a person, or persons, of a particular group (e.g., Woman owned, Hispanic owned, Native American owned, etc.). Proof of ownership is evidenced by the transaction privilege tax license or business privilege license for sole proprietorship; business privilege license and written partnership agreement for partnerships; or the Articles of Incorporatlon, Corporate By-laws and stock certificates for corporatiosls. NOTE: This information is used for reporting purposes only and is not a factot- in evaluation. Riddle Painting and Coatings Company does not qualify as a minority owned business. Supplemental Information — Method of Approach J Indicate if your bid is regional or statewide. Regional Statewide AZ If regional, indicate the regions in Arizona you will serve, Are there any limitations to the types of members that you will provide services to? If so, indicate what those limitations are, Riddle Painting and Coatings Company has no limitations in selling to any of the institutions that are Mohave Members. In the past three years, what percentage of your Arizona business do you estimate was in each geographical area identified below? Maricopa/Rina)/Pima counties 70 Northern Arizona 15 °!o Southern Arizona 15 % If you are awarded a contract with Mohave, which area(s) of the state will your sales: force target? Statewide If'a Mohave member Ina geographic area of Arizona: that i5 remote from your general service area needs your services, please describe how you would use local subcontractors to accomplish the work. What.is the maximum amount of work you would subcontract to complete a job? Riddle fainting and Coatings Company will complete all services in house and would only subcontract striping of play courts, parking lots, and floor prep. Note: Riddle fainting and Coatings Company, has never subcontracted another paint company to assist applications in order to meet deadlines. Riddle Painting & Coatings, Co. Riddle Painting & Coatings, Co. is pleased to submit. this bid response to serve as the preferred vendor for painting and coating services for IPB 15E-0324 Painting Services. Riddle Painting & Coatings, Co, is a full-service commercial painting and coating firm operating in Arizona since 1982. Since its inception, Riddle Painting & Coatings, Co. has strived to provide the highest quality painting and coating services to our customers throughout Arizona, Riddle Painting & Coatings, Co, has a long history of superior performance for school districts and municipalities statewide, a proven and verifiable track record that is unmatched. ,Ps, description of the firm, its organizational structure, and business philosophy are included in the paragraphs that follow. Since 1982, Riddle Painting & Coating, Co, has maintained a Class L-34 license with the Arizona Registrar of Contractors without a single issue reported against the company. In September of 2013 ownership of Michael L Riddle Painting changed and as part of the transition the new name (DBA) Riddle Painting and Coatings was adopted. At that time the state also instituted an increased license requirement, so as of July 2014. Riddle Paining and coatings has a CR -34 license. The ownership transition was seamless with no interruption in Mohave volume or quality of work. This speaks volumes about our commitment to safety and customer service before, during and after each job is completed. In tile fall of'2909 the firm moved to a new 5100 square foot facility at 5922 N Black Canyon Hwy, Phoenix AZ 85017. This coupled with the addition of more ad►nin'istrative staff, equipment and field personnel, places Riddle Painting and Coatings in the enviable position of being able to handle any size job or any number of jobs simultaneously. Riddle .Painting & Coatings, Co. is proud of the quality and longevity of all its employees. We are committed to hiring and retaining the best possible work force: Superintendent Jerry Bowers has been employed with the firm for fifteen years, Project .Manager Tom Karnka has been with us for four years and has fourteen: years estimating / project managing. experience; All job foremen have been with the company for at least 10 years or more and all are first-aid certified. Employees of .Riddle Painting and Coatings wear uniform shirts and appropriate painting and safety gear when working on any project. All employee& driving our vehicles are cleared through our insurance company, Hill & Usher. Safety meetings are mandatory and held at the beginning of each day: All employees are fingerprinted, background checked and e-verifled prior to being hired. All employees are screened through the Arizona Public Safety Sex Offenders website to check for clearance. The ,firm has a mandatory drug testing policy in the case of any injury on the job. Riddle Painting &c Coatings; Co. is a member in good standing ofthe Arizona Association of School Business Officials, Arizona School Boards Association, Arizona School Administrators, Arizona Registrar of Contractors, and the Arizona Better Business Bureau, PDCA; Lead Safe Certified. Riddle Painting & Coatings, Co. is currently under contract as the qualified painting contractor for Mohave. Our ability to ramp up to handle large jobs anywhere in:the state on short notice provides us the ability to meet the evolving needs of our customers regardless of size or location. The firm has maintained the highest level of quality control in every aspect of its business operations, including document control and submittal, to meet the requirements of any and all contracts. Bonding capacity and credit are crucial in protecting the interests of our clients statewide. Riddle Painting & Coatings, Co. has the ability to bond up to one million dollars per job and an aggregate capacity of three million dollars overall. We also have a significant six figure line of credit that enables us to provide consistent products and services without delay. Riddle Painting && Coatings, Co. has a vast amount of experience and expertise in house and close relationships with all the significant manufacturers of paint and coating materials. We can help our customers identify the right products for their job and help them meet the constraints of their budget. The extensive network of providers developed by the firm over the years enables us to provide the correct materials to job sites on time, There is an enormous array of options available to customers when selecting products. Top of the line Architectural and Industrial coatings, Green and LEEDS products are available. Low VOC or no VOC (Volatile Organic Compounds) products help out air quality and cause less impact on those who are sensitive to high VOC eminent. Faculty, students, and the general public with allergies to high VOC products no longer need to suffer from newly painted surfaces when these products are used. Our firm works in compliance with the State of Arizona on VOC's and air quality laws by. renewing the annual permit required. Our permit number is #000206, SCO800248 and expires in 2017. Riddle Painting & Coatings, Co. is dedicated to keeping our environment as healthy as possible. All job - site waste is brought to our facility and contained for pick up. Waste is never disposed of or left on a job- site: All waste is collected, by a professional disposal company that properly record and disposes in accordance with regulations established by the Environmental Protection Agency (EPA). Riddle Painting & Coatings, Co. has been an outstanding vendor for school districts, municipalities and general contractors throughout the state for over 30 years. We have consistently met the high demands of the workload, bonding capacity and cash Flow requirements: No customers are ever refused service no Matter how remote :the location, Our new larger facility, staffed with long term employees will enable us to provide an even greater level of service now and into the future. Our company stays up to date on the latest technology in the industry including Green and LEEDS products, quality control, background checks and all certifications required. We are perfectly positioned to be Arizona's preeminent painting contractor for years to come. Sincerely, KC Toilis President Riddle Painting & Coatings, Co. Kenneth Totlls President Qualifications: 24 years in the Painting and Decorating Industry 2 years with Riddle Painting and Coatings Company 15 years as an owner / operator of residential construction, paint company Work History: Riddle Painting and Coatings Company 2013 — Present Purchased company in September 2013 and have presided over a seamless ownership transition. I have spent over a quarter million dollars upgrading our facilities, equipment and administrative procedures to improve efficiency and quality of service. Suffers Marina 2009-2013 General Manager of full service marina facility including sales, service and storage. This business was in need of major help. Oversaw the tear down and rebuilding of their entire operation from bookkeeping to boat sales to service to ship store. In four years I was able to take the company from a money losing outfit to an operating profit of over 500k per year by installing proven business practices.. Oasis Remodeling LLC 1999-2007 Owner / Operator of a residential general contraction company licensees in Arizona, specializing in remodeling existing structures. Responsible for everything from estimating to construction management. This company grew to a gross of over 2 million in annual business until the housing market crashed in 2007. T&T Painting Co 1992-1997 Owner / Operator of a residential painting company licensed in Ohio. Responsible for everything from estimating to painting. Sales, estimating and job operations from Start to finish, With the help of my former employer at Evers Painting I learned how to set up and operate a true professional contracting. business with annual gross revenues of over 400k. Evers Painting 1985-1992 Began as a laborer doing prep, basic painting and cleanup. Learned the skills required to become a productive painter, eventually becoming a job leader. Responsible for my crew :and every aspect of the job from prep thru completion. Bill Ellison Estimator / Project Manager Qualifications: 23 years in the Painting, Coating, and Decorating Industry 9 months with Riddle Painting and Coatings Company 10 years in Estimating and Project Management Commercial Painting (Paint -Co) 1 year in Estimating and Project Management Commercial Wallcoverings (Reeves Paperhanging) 12 years in Paint Sales industry, Sales and Management (Sherwin Williams Paints, Glidden Paints and ICI/Devoe Coatings) Work History: Riddle. Painting and Coatings Company (Phoenix, AZ) 2014 — Present Estimator/Project Manager Estimating commercial projects and Project Management, Reeves Paperhanging (Scottsdale, AZ) 2013-2014 Estimator/Project Manager Estimating commercial projects and Project Management for Commercial Wallcoverings Paint -Co (Phoenix, AZ) 2003-2013 Estimator/Project Manager Estimating commercial projects and Project Management ICl/ Devoe Paints :and Coatings 2002-2003 Commercial Paint Sales Glidden Paints 2001 - 2002 Commercial Paint Sales Commercial Paint Sales and development of Commercial Paint Sales Program Sherwin Williams Paint Company 1991-2001 Commercial Paint Sales Retail and Commercial Paint Stores Sales and Management Education: BS in Business and Public Administration -- Accounting, University of Arizona, Tucson, AZ Jennifer Neumann Controller Qualifications - 20 years in Commercial Construction Administration: Contract Administration, Project Coordination, Accounting, and Marketing, 15 years working with JOC Contracts including 15 years working with Mohave Educational Services Work History: Riddle Painting and Coatings Company 2014 - Present Controller HACI Service LLC 2011 -2014 Project Coordination and Marketing McGough Construction 2006-2009 Field Project Coordinator General Acrylics, Inc, 1999 -2006 Contract Administrator and Assistant Controller Education: Certification: Business Management AIBT Certification: Paralegal Studies Brookline College Jerry Bowers Superintendent/Safety Officer Qualifications: 37 years in the Painting and Decorating Industry 20 years in Management 2 years as Riddle Painting and Coatings Superintendent CPR and First Aid Certified OSHA 34 Certified Work History: Riddle Painting and Co€xtings Company 1997- Present Superintendent for daily field operations including hiring and maintain field staff, ordering materials and scheduling labor for approved projects, Position manages and maintains on-going safety programs and maintains compliance with current HAZCOM standards as they relate: to OSHA/EPA rules and regulations by field staff. Gave Painting 1991-1997 Foreman- Inspects the work site to determine methods of repair, supplies tools and the level of manpower needed to successfully complete the work, and assigns painters to specific tasks and supervises these activities Paradise Painting and Decorating 1989-1991 Foreman- Manage painters, and adjusts schedules to maintain manpower Career Objectives: Maintain a safe workplace for each project to be completed per the customer, Kyndell Riddle. Office Manager/ Project Coordinator Qualifications; 6 years in the Painting, Cocci ing, and Decorating Industry 6 years with Riddle Painting and Coatings Company 6 years working with school and city facilities supervisors 6 years working with Mohave Educational Services Responsibilities: Application and qualification process for Finger Print Clearance Cards Maintaining compliance with OSHA, CPR, and First Aid New employee documentation and orientation; Ladder Safety, HAZCOM, and General Safety Provides .assistance for estimators Work History: Riddle Painting and Coatings Company 2008 -- Present Thomas A. Kamka Estimator / Project Manager Qualifications: 25 years in the Painting, Coating, and Decorating Industry 6 years with Riddle Painting and Coatings Company 21 years in Estimating and Project Management 21 years working with school and city facilities supervisors Work History: Riddle Painting and Coatings Company 2009 — Present Estimator/Project Manager Develop cost estimates by analyzing the materials and labor needed to complete the project and/or service repairs. Skyline Builders and Restoration, Inc. 2004-2009 Estimator/Project Manager Generate an estimate containing all customer requirements. Wespac Construction, Inc. 2002-2004 Estimator Estimating general construction tenet improvements and assisting senior estimators Asher Brother Painting and .Decorating, Inc, 1997 —2002 Estimator/Project Manager Estimating projects and maintaining the cost of labor and materials within budget Apprenticeship, moved into superintendent, and then estimator project manager Education: Graduated of Madison High School and Completion of Apprenticeship with Local #275 Painters Union Foreman Otialifications Foreman l Quafificafions: 50 years in the Painting and Decorating Industry 30 years Owning and operating Paint Co 1 years as Riddle Painting and Coatings Foreman CPR AND First Aid certified OSHA 10 certified Foreman 2 Qualifications: 41 years in the Painting and Decorating Industry 19 years at Riddle Painting and Coatings 12 years as Riddle Painting and Coatings Foreman OSHA 10; certified CPR AND First Aid certified Foreman 3 Qualifications: 22 years in the Painting and Decorating Industry 17 years of Riddle Painting and Coatings 7 years as Riddle Painting and Coatings Foreman CPR AND First Aid certified Foreman 4 Qualificafions: 16 years in the Painting and Decorating Industry 14 years at Riddle Painting and Coatings CPR AND First Aid certified OSHA 10 certified Foreman 5 Qualifications: 16 years in the Painfing and Decorating Industry 5 years at Riddle Painting and Coatings 2 years as Riddle Painting and Coatings Foreman CPR AND First Aid cerfified Foreman 6 Qualificafions: 21 years in the Painting and Decorating Industry 2 years at Riddle Painting and Coatings 1 years as Riddle Painting and Coatings Foreman CPR AND First Aid certified Foreman 7 Qualific:aflons: 15 years in the Painting and Decorating Industry 8 years at Riddle Painting and Coatings 5 years as Riddle Painting and Coatings Foreman CPR AND First Aid certified OSHA 10 certified OSHA 30 certified Foreman 8 Qualificafions: 18 years in the Painting and Decorating Industry 14 years at Riddle Painting and Coatings 8 years as Riddle Painting and Coatings Foreman CPR AND First Aid certified THE #1 CHOICE OF PAINTING PROFESSIONALS? January 13, 2015 RE. RIDDLE PAINTiNO AND COATINGS PHOENIX AZ 85017 To Wham It May Concern, The Flnest Paints .Since 1925 lmployw_-Otvnad DUNN-EDWARDS CORPORATION Riddle Painting has been a valued customer to Dunn -Edwards since 1985. Riddle Painting has always maintained a positive prompt pay history with high balance up to Mid -5 figures. We look forward to many more years of successful business relations with Riddle Painting. Ifyou have any questions, please contact: me, Regards, DUNN-EDWARDS CORPORATION "Traci Park l+ wiager, Credit Department Direct Phone: (323),$26-2619 Email: Traci.Park@Dt.1nnEdwards.corn 4886 East 52M PIM Los Mgela Ca)Ifomla 900411-2884 Tai: (823) 771-3330 Fax: (43),826-P-708 dunnedwnrM.pom Anzzna Caffarmia Nevada New Mexito Texas C$IE' 1ARrN SiHERWIN WILLIAMS. 11840 N 28"' Dr., Suite 101 Phoenix, AZ 85029 877-287-4225 November 17, 2014 Riddle Painting & Coatings 5922 N Black Canyon Hwy Phoenix, AZ 85017 Acct No: 6597-8485-4 Re: Account Status & Bid list To Whom It May Concern, Riddle Painting & Coatings has had a charge account with the Sherwin Williams Company since January 1986. This account has had over 20 years of satisfactory payment history with Sherwin Williams. I have managed commercial credit accounts for Sherwin Williams in the Phoenix market since 2000 and have not had any credit issues with Riddle Painting & Coatings. Their account is still active and in good standing with Sherwin Williams. If you or anyone else has questions or concerns regarding Riddle's commercial account they may feel free to call me at 602-445-3166. Sincerely, Karl R. Oswald Senior District Financial Manager W BEHRw I Professional Products & services 1112/2015 Riddle Painting & Coatings 5922 W. Black Canyon Hwy Phoenix Az 85017 Re: Mohave To: Whom it may concern I have had the pleasure to work with Riddle Painting for many years and have always found them to exhibit great work ethics, taking pride In always doing the right thing. I find them to be a very stabile and reliable company with a great working relationship with their vendors, and their customers. I have had no Issues in doing business: with them. Working with Riddle while working for two different paint companies, I have never had any issues with collecting monies owed or in their prompt attention to making their payments and staying current in their accounts. Please feel free to contact me if further information is required. Thank you ' Steve Gritchen Behr Pro Sales Rep 480-295-7638 Delir Process Corporation I Prohssianal I', , 11 i.r i1,, "., W I., "sO, r -_, t.. 1 11 V'IA 'I Dale Wade APG Paints 2929 N. 32nd. St. Phoenix, AZ 85017 November 25, 2014 To Whom It May Concern: Riddle Painting and Coatings has been a preferred customer of both PPG Pittsburgh Paints and Glidden Paints for as long as I have been in business. I have long considered them to be one of my "go to" applicators when I am asked for recommendations when specifying a coating system for an end user customer or property owner. Their work has always been exemplary and has been complimented by many of my customers. Riddle Painting and Coatings track record of prompt or even early payment makes them a joy to work with from a credit standpoint and has allowed them to enjoy a credit line that few painters have access to. Glidden and PPG Pittsburgh Paints have recently merged to become PPG Paints. We are excited to be able to focus our combined resources on serving Mohave and the education ( market on future projects. If you have questions please feel free to contact me at (602) 319-8243. Sincerely, Dale Wade PPG Paints NACE Level 3 Coating Inspector No. 35782 Copyright © 1994, 1988, 1983 by McGraw-Hill, Inc. December 8h, 2014 Mohave Co -Op Reference Letter for Riddle Painting RE: Painting of Neighborhood Parks Dear Sir or Madam; City of Peoria ENGINEERING DEPARTMENT 9875 North 85th Avenue Peoria, Arizona 85345 T 623.773.7212 F 623.773.7211 engineering@peariaaz.gov May the intent of this letter offer the reader a sincere appreciation for a job well done by the Riddle Painting and Coatings Company. Riddle Painting and Coatings promised me and others within our department that the paint color selection would be correct on each park amenity and the entire painting operation would be finished before the Thanksgiving Holiday. Without exception, field performance was exceptional and the contract completed on time with no additional cost overruns. Over the past several years we have contracted with many contractors and it is always our pleasure to provide a letter of satisfaction or recommendation, however, letters or referrals as such must be earned. In closing, it is my pleasure and appreciation to provide this letter to Riddle Painting & Coatings. We, the City of Peoria will certainly keep Riddle Painting & Coatings in mind for all our future painting projects. Sincerely, William Beaudoin, LEED GA CIP Project Manager I T 623.773.7125 M 602.550.2804 william.beaudoin@peoriaaz.gov 1 Cc: project file peorlam.gov MAINTENANCE DEPARTMENT Pendergast Elementary School District #92 3845 N. 99sr Avenue November 25, 2014 Phoenix, AZ 85037 David Morales, Director Office: 623-772-2755 FAX: 623-872-0281 Mohave Co -Op Reference letter for Riddle Painting To Whom It May Concern; I am please to provide this letter of reference regarding Riddle Painting and Coatings Company. Pendergast Elementary School district has a long-standing business relationship with Riddle Paining because of their professional workmanship, dependability, and convenience. Riddle Painting has been and continues to be our preferred painting contractor. This year (2014) Pendergast Elementary School District received interior painting services for Copper King Elementary, Villa De Paz and Desert Mirage. These projects were completed on time and without a single issue. For many years I have worked directly with their staff and I have always had a positive experience with each project. With confidence 1 highly recommend Riddle Painting for the renewal of painting services with Mohave Educational Services. If you have any questions please do not hesitate to contact me. Sincerely, rid 2012 Advance Accreditation Dysart Unified School District No. 89 1LP RT Nathaniel Dysart Education Center Unified School District Bob young November 12, 2014 Director o(Malntenance and Facilltfes 13825 W Desert Cove Road Surprise.e. 6 Arizona 028 Mohave Co -Op Ref=erence letter for Riddle Painting Phone: 023.876-7028 p g Fax: 623.876-7036 bob.youngOdysa rt.org ,vwr,vAysart.org To Whom It May Concern,, It is with great pleasure that 1 write this letter of reference for Riddle Painting and Coatings. Dysart Unified School District would recommend Riddle Paintings and Coatings to have their Mohave contract renewed to ensure a quality painting vendor be available on the contract, Dysart Unified School District's experience with Riddle has been exceptional. They do quality work, very professional, very neat and organized, with great attention to detail, There is not a problem with their working around the campuses and I have never received one negative comment or complaint about them. They do a great job of cleaning tip and leaving the areas looking `like new'. In 2014 they painted the complete exteriors, including block, stucco, and metal at Mountain View, Parkview, Kingswood, and Dysart Elementary Schools, Previous years they have painted numerous other schools exterior and interior. Again I would like to stress, please renew their contract with Mohave to keels this vendor available to Dysart and other Districts. Please feel free to contact rue if you need any further information. Sincerely, Bob Y jr[.�C of M f} g Un'4tlLe and l-acilities Dysart Unified School District 13825 West Desert Cove Road Superintendent Surprise, Az, 85379 Gall Piatnick, Ed,D. 623-876.7028 Governing Hoard Tracl Sawyer 9inkbeil Bonnie Schroeder ,.$lossom Tande O.- rmilerTanner Power In the pre paratio n—Excellonce In the Journey,.,Sruccess for a fifetime... ki IMPORTANT NOTICE YOU MUST: - REPORT DISASSOCIATION OF gUAl.1FYINZ3 PARTY IN WRITING WITHIN 13 DAYS. [SEE AAS. § 322-1 i64(AX1s) AND § 32-3161,011 • REPORT ACHANGE OF ADDRESS IN VaMa WITHIN 30 DAYS. [SEEKPLS. § 32.1151(B)(1)i • REPORT ANY TRANSFER OF OWNERSHIP OF 50% OR MORE IMMEDIATELY. [SEE A.R.S. § 32-1151.011 • REPORT ANY CHANGE OF LE" ENTITY SUCH AS ANY CHANGE IN THE OWNERSHIP IN SOLE PROPRIElOR.s11113 OR CHANGE OFA PARTNER IN A PARTNERSHIP OR THE CREATION OF A NEW CORPORATE ENTITY. [SEE RULE R+9.110) Michael L Riddle Painting Inc Riddle PaMnp and BEng,+ 5922 N Blade Canyon Hwy Phaenlx. AZ 85017 IMPORTANT NOTICE YOU MUST: REPORT DISASSOCEATION OF QUALIFYING PARTY IN WRITING WITHIN 15 DAYS. [SEE A.RS. § 32.1154(A)(19)AND § 32-1151,0 11 REPORT A C}AiNGE OF ADDRESS IN WRITING WITHIN 30 DAYS. [SEE A.H.S. § 32-1151(6)(1)) REPORT ANY TRANSFER OF OWNERSHIP OF 5D% OR MORE IMMEDIATELY. [SEE A.R.S. § 32-1151.01] REPORT ANY CHANGE OF LEGAL ENTITY SUCH AS ANY CW W GE IN THE OWNERSHIP IN SOLE OR CHANGE OF A PARTNER PARTNERSHIP OR THE PROPRIETORSHIPCREATIONOF NEW CORPORATE ENTITY. IN A [SEE RULE 114-9-1101 Michael L Riddle Painting Inc Riddle Painting and Coatings 5922 N Black Canyon Hwy Phoenix, AZ 85017 IMPORTANT NOTICE YOU MUST: • REP'OR'TDISASSOC4ATION OF QUALIFYING PARTY It[ INC WITHIN 15 DAYS. IS EE A.R.S. § 32.1154(A)(10) AND § 32-1161.01) • REPORT A aVU4GE OF ADDRESS In WRITING WITHIN 30 DAYS. [SLI A.RS. § 32-1151(B)(1)) • REPORT ANY TRANSFER OF OWNERSHIP OF 60% OR MORE IMMEDIATELY. [SEE A.R.S. § 32.11S1.011 REPORT ANY CHANGE OF LEGAL ENTITY SUCH AS ANY CHANGE IN THE OWNERSHIP IN SOLE PROPRIETORSHIP OR CHANGE OF A PARTNER IN A PARTNERSHIP OR THE CREATION OF A NEW CORPORATE ENTITY. [SEE RULE R-4-9.1101 Michael L Riddle Palniing Inc Riddle Painting and Coalings 5922 N Black Canyon Hwy Phoenix. AZ 85017 THIS IS YOUR IDENTIFICATION CARD DO NOT DESTROY n ,A LICENSE EFFECTIVE THROUGH: 0813112016 STATE OF ARIZONA Registrar of Contractors CERTIFIES THAT Michael L Riddle Painting Inc Riddle Painting and Coatings CONTRACTORS LICENSE NO 84296 aAss CR34 Painting and Wall Covering THIS CARD MUST BE zlt'IA�� �?n��& PRESENTED UPON DEMAND DIRECTOR ARIZONA REGISTRAR OF C90MW=QRS THIS IS YOUR IDENTIFICATION CARD DO NOT DESTROY ■ 1 ,I UCENSE EFFECTIVE THROUGH: 0 8/3 11201 8 STATE OF ARIZONA Registrar of Contractors CERTIFIES THAT ok Michael L Riddle Painting Inc Riddle Painting and Coatings CONTRACTORS LICENSE NO 84296 OAN CR34 Painting and Wall Covering TM CARD MUST fib PRESENTED UPON DEMAND DIRECTOR. AFUMNA REGISTRAR OF CONTRACTORS THIS ITS YOUR IDENTIFICATION CARD DO NOT DESTROY V] ,I UCem EFFECTIVE TH RouGH: 08x31/2016 4V ow STATE OF ARIZONA Registrar of Conbactors CERTIFIES THAT Michael L Riddle Painting Inc Riddle Painting and Coatings CONTRACTORS UCMOR NO 84298 CLASS CR34 Painting and Wall Covering TM CARD MUST BE M&ENTM UPON VNMJV D - DIRECTDR. ARMNA REGISTRAR OF CONTRACTORS 1 � l UnitO *tatty 1E.11virotttmentat Jhofiertivit Aynq NAT -23716-2 Certification # January 15, 2015 issued On iris is to rer-t fil t4at Michael L. Riddle Painting, Inc_* has fulfilled the requirements of the Toxic Substances Control Act (TSCA) Section 402, and has received certification to conduct lead -basad paint renovation, repair, and paint Ing activifies pursuant to 4U GFR Part 74 5. 89 — Jit fYx� ..ttri bidjan of: "r, r-�-� <- All EPA Administered States, Tribes, and Territories This certification is valid from the date ofissuance and expires May 14, 2021) Michelle Price, Chief Lead, Heavy Metals, and Inorganics Branch Mobilmdon end Travel Description If mobilization and/or travel rates are applicable, describe how they are calculated, and when they are necessary, (e.g. 50 miles frorn origin, etc.). Include Information regarding what the mobilization and travel rates cover. (See Pricing: Reimbursement fvr Transportation, Mileage, Lodging, Meals and Incidental Eat in the Special Terms and Conditions.) A.D.O.A for lodging and meals only, except when special/season rate preclude, the PPA Le; Best Western, Holiday Inn Express, etc. No mileage or travel time will be charged to the district. State rates are used when available, otherwise, local rates are applied. Pricing Mobodology Destxiption Cl Our pricing methodology Is percent of discount off manufacturer's price list or catalog, / ❑ Our pricing methodology is fixed pricing. X Our pricing methodology Is a combination of percent of discount off manufacturer's price list or catalog and fixed pricing. Provide a description as to how your pricing will be managed under an awarded contract. If you are using fixed pricing, outline any contingencies for econornic adjustments, (See Basis for Pricing in the Special Terms and Conditions.) Sundries 10% Paint 1011Ia Labor and Specialty is fixed -pricing Volume Mgmurrt Description Provide a description as to how your volume discounts (if offered) will be managed under an awarded contract. Riddle Painting and Coatings Company does not offer volume discounts. rAa r SECTION PAGE DATE ARIZONA ACCOUNTINc.N1ANUAL I I—D—V-1 1 01101/2008 SUnJECT w State of Arizona Travel Policy Supplement:I - Maximum Transportation, Lodging and Meal Reimbursement Rates THE FOLLOWING RATES APPLY TO EMPLOYEES TRAVELING ON OFFICIAL STATE BUSINESS: 1. Personal Vehicle Mileage Reimbursement: 2. Privately—owned aircraft: 3. In—State Lodging and Meal Rates: 44.5 cents per mild effective 11/15/06 99.5 cents per mile. Requires prior GAO Approval. Based on the shortest air routes from origin to destination. Landing and parking fees are allowed except at the location where the aircraft is normally based. Effective 11/15/06 .tate Primaryiicstiatation + ouu ir�� _ End lLocl in l�lcal All Cities not listed All counties not. Default hate below listed below $60 $34 Coconino (Except The Arizona Grand Canyon / Flagstaff City Limits Of Sedona) Oct I Oct 31 $81 _ S_39 Coconino (Except The Grand Canyon / Flagstaff City Limits Of Sedona) Nov 1 Feb 28 $65. $39 Coconino (.Except The Grand Canyon / Flagstaff City Limits Of Sedona) Mar I Sep 30 $81 $39 Kaventa Navajo $71 $49 Phoenix / Scottsdale 141111-ico a Oct l Dec 31 S103 $54 Phoenix/Scottsdale Marico a Jan 1 NW31 $141 554 Phoenix! Scottsdale Marico a Apr 1 May 31 $109 $54 Phoenix / Scottsdale Maric4 a Jun 1 Aug 31 $74 $54 Phoenix J Scottsdale Marico a Sep I Sep 30 $103 $54 City Of Sedona Which Falls Within Yavapai Arid Coconino Sedona Countics Oct I Feb 28 $107 1 $59 City Of Sedona Which Falls Within Yavapai And Coconino � Sedona Counties Mar I May 31 $118 $59 City Of Sedona Which Falls Within Yavapai And Coconino Sedona Counties Jun I Sep 30 $107 $59 Sierra Vista _ Cochisc S66 $34 Tucson pima Oct I Dec 31 $83 $44 Tucson Pima Jan I Mar 31 5119 S44 Tucson Pima Apr 1 Sep 30 _ S83 S44 Yuma Yuma I S71 S34 SECTION PAGE DATE ARIZONA ACCOUNTING MANUAL II—D—V-I 2 01/01/2003 SUBJE:C r State of Arizona Travel Policy Supplement l - Maximum Transportation, Lodging and Meal Reimbursement Rates _ 4. Out—of-7-State Lodging and Meal Rates: Effective 11/15/06 Prinf. 111cstillation County Begill End LOdAi1njY al N11 And Alabama Birmingham She1b S80 S39 Gulf Shores Baldwin Oct I May 31 588 $34 Gulf Shores Baldwin Jun I Jul 31 $107 $34 GulfSltores Baldwin Aug I Sep 30 $88 S34 Madison And Huntsville Limestone $71 539 Montgomery Montpomea $73 S34 Arkansas I Dt Springs Garland _ $87 $44 Little Clock Pulaski S76 S49 Antioch / Brentwood / Concord I Lafayette / Martinez / Pleasant [-fill / Richmond / San Ramon / California Walnut Creek Contra Costa $104 S44 Bakersfield / Delano (Naval Weapons Center And Ordinance Test Station / China Lake ! 1 Kern S70 $39 Barstow / Ontario / Victorville San Bernardino S87 $54 Benicia / Dixon / Fairfield / Vacaville / Vallejo Solano S87 $39 Brawley / Calexico / El Centro / Imperial Im erial $75 $34 Chico / Orville Butte_ $68 S34 Ctearlake Lake $65 S39 Death Valley Invo S76 $44 Fresno Fresno $79 $49 Los Angeles 1 Orange And Ventura, Edwards Los Angeles AFB 5110 $59 (Mammoth Lakes Mono 5101 S49 Mill Valley / San Rafael / Novato / Corte Madera / Sausalito I Tiburon I Larkspur +tilarin $104 $49 Modesto Stanislaus 579 1 $44 MontereX Monterey 5111 $59 Na a Napa S129 S59 Oakhurst Madera Oct I Jan 31 $64 $34 Calirornia Oakhurst Madera Feb ) Aug31 '575 S34 ;r++ PAGE: DeVIti ARIZONA ACCOUNTING .MNUAL 3 01101/2008 SUBJECT State of Arizona Travel Policy Supplement I - Maximum Transportation, Lodging and Meal Reimbursement Rates State 'Iijnary Destination - �iCottnt - ]Begin kaid Lqd int r N1c ,, Oakhurst Madera Sep I Se2 30 $64 $34 Oakland Alameda $94 $54 Palm S rin s Riverside Oct I Dec 31 $105 $54 Palm Springs Riverside Jan I Apr 3.0 5131 $54 Palm Springs riverside May I Aur 31 $88 $54 Palm S rin s. Riverside Sep 1 Sep 30 5105 $54 Paint Arena / Gualala Mendocino S71 $49 Redding 517asta $78 $39 Sacramento Sacramento $103 $54 San Dice San Diego $131 $59 San Francisco San Francisco $140 $59 San Luis Obispo Sart Luis Obispo 5102 $49 San Mateo / Foster City / Belmont San Mateo $98 $49 Santa Barbara Santa Barbara Oct l Jun 30 $130 S54 Santa Barbara Santa Barbara Jul I Aug 31 $lb9 $54 Santa Barbara Santa Barbara Sep I Sep 30 $130 S54 Santa Cruz Santa Cruz Oct I M&31 SI01 S49 Santa Cruz Santa Cruz Jun I Aur 31 $126 S49 - Sanlu Cruz Santa Crux Set I Sep 30 $101 $49 Santa Monica City Limits Of Santa Moniea $170 $59 Santa Russ Sonoma $108 $59 Smab Lake Tahoe El Dorado Oct I Nov 30 $122 $49 South Lake Tahoc El Dorado Dec 1 Mar 31 $144 $49 South Lake Taltoe El Dorado Apr I Jun 30 _ $106 $49 South Lake Tahoe El Dorado Jul .I Sep 30 $122 S49 Stockton _ Sat) Joaquin $75 $39 Sunnyvale / Palo Alto 1 San Jose Santa Clara $110 $54 Tahoe City Placer $98 $54 Truckee Nevada $87 $54 Visalia/Lemoore Tulare And Kings $70 $44 West Sacramento Yolo $75 $39 Yosemite National Park Mariposa Oct I Mar 31 $129 $59 Yosemite National Park Mari Cosa Apr I Aug 31 $85 $5:9 Yosemite National Park Mariposa Sep I Sep 30 S129 $59 Colorado Aspen Pitkin Oct I Nov 30 $108 $59 Aspen Pitkin Dec 1 Apr 30 $225 559 Aspen Pitkin Ma 1 Au, 31 $127 $59 Aspen Pitkin Sep I Sep 30 $108 $59 Boulder Broomfield Boulder and Broomfield S93 S49 SECTION VACiF DA"rE? ARIZONA ACCOON'rING �NANVAL 11—D--V-I 4 01/01/2008 SUBJECT State of Arizona Travel Policy Supplement I - Maximum 'Transportation, Lodging and Meat Reimbursement Rite.'s. &-�tate PrimaryUcsiinttlibu coutit _ J3c iu . End Ludking m I1461 Colorado Colorado Springs H Baso $80 S39 Cortez ivlontezunta Oct 1 May 31 S70 $34 Cortez Montezuma Jun I Aug31 $86 $34 Cortez Montezuma Sep 1 Sep 30 $70 $34 Crested Butte / Gunnison Gunnison Oct 1 Nov 30 $84 S44 Crested Butte /:Gunnison Gunnison Dec I Jon 31 $240 $44 Crested Butte / Gunnison Gunnison Feb I Apr 30 S222 $44 Crested Butte/Gunnison Gunnison MaY 1 Sep 30 $84 $44 Denver / Aur< m Denver / Adams 1 Arapahoe / Jefferson Counties $127 S44 Douglas Count Douelas $84 $49 Durango Lu Plata Oct I May 3I $81 $44 DuranLo La Plata Jun 1 Sep 30 $106 S44 Fort Collins / Loveland Larimer $80 $39 Glenwood Springs / Grand Junction Garfield / Mesa 369 S44 Montrose Montrose Oct I May 31 S64 $34 Montrose Montrose Jun 1 Sep 30 S79 S34 Silverthorne / Breckenridge Sunttnil Oct 1 Nov 30 S92 S49 Silverthorne / Breckenridge Dec 1 Apr 30 $140 S49 Silverthorne / Breckenridge Summit M ay I Sep 30 $92 $49 Steamboat. Springs Routt Oct I Nov 30 $93 S49 Steamboat Springs Routt Dec 1 Mar 31 $169 $49 Steamboat Springs Routt Apr I Sep 30 S95 S49 Telluride San Miguel Oct :I Jan 31 $150 554 Telluride San Mi cruel Feb I Apr 30 $192 $54 Telluride San Miguel May I Sep 30 5119 S54 Vail Ea:;le Oct I Nov 30 $127 $59 Vail Eagle Dec I Mar 31 $301 $559 Vail Eagle Apr I Sep 30 $127 $59 Connecticut Bridgeport / Danbury Fairrield $113 $59 Cromwell / Old Sa brook Middlesex S79 S39 Hartr'ord Hartford $99 $44 Lakeville / Salisbury Litchfield S90 $59 New Haven New Haven S89 S59 New London / Groton New London $94 $59 Putnam / Danielson / Storrs / Mansfield Windham / Tolland S71 $54 Delaware Dover Kent L Oct 1 May 31 $76 $39 6 SI:CTION NWE DAI ARIZONA ACCOUNTING AIANUAL 11—D --V-1 5 01/0112008 st.ia. ITT State of Arizona Travel Policy Supplement I - Maximum Transportation, Lodging and Meal [reimbursement hates Dover _ _ h Kent Jun I Sep 30 R $86 $39 Delaware Lewes Susses• Oct I J.un 30 $73 $34 Lewes Sussex Jul I Aue31 $106 $34 Lewes Sussex Se I Sep 30 $73 $34 Wilmin son New Castle 5102 $34 Florida[ Altamonte Springs Seminole $80 S34 Bradenton Manatee Oct I Jan 31 $89 $34 Bradenton Manatee Feb 1 Mar 31 $131 $34 Bradenton Manatee Apr 1 S0230 $89 $34 Cocoa Beach Brevard _ Oct I Dec 31 $93 $39 Cocon Beach Brevard Jan I Mar 31 $103 $39 Cocoa Beach Brevard Apr 1 Sep 30 $93 $39 Daytona Beach Volusia Oct I Jan 31 $83 $34 Daytona Beach Volusia Feb 1 Mar 31 $138 $34 Davtona Beach Voiusla Apr I Jul 31 $91 $34 Da lona Beach Volusia Auj+ I Sep 30 $83 $34 Fart Lauderdale Broward Oct I Dec31 $126 $49 Fort Lauderdale Broward Jan I Mar 31 $172 $49 Fort Lauderdale Broward A p r 1 May 31 $126 $49 Fort Lauderdale Broward _ Jun I Sep 30 $94 $49 Fort Myers Lee Oct I Dec 31 $81 $44 Fort Myers Lee Jan I Apr 30 $127 $44 Fort Myers Lee May I Sep -30 $81 $44 Fart Pierce Saint LLICIC Oct l Jan 3,1 $89 $44 Fort fierce Saint Lucie Feb I Mar 31 $129 $44 Fort Pierce. Saint Lucie Apr I Sep 30 $89 $44 Fort Walton Beach / De Funiak Springs Okaloosa And Walton Oct I Oct 31 $109 S39 Fort Walton Beach / De Funiak Springs Okaloosa And Walton Nov I Feb 28 $80 $39 Fort Walton Beach/ De Funiak Springs Okaloosa And Walton Mar 1 May 31 $12_8 S39 Fort Walton Beach f De Funiak Springs Okaloosa And Welton Jun I Jul 31 $168 L $39 Fort Walton Beach! De Springs Okaloosa And Walton Aug 1 Sep 30 $109 $39 _Funiak Gainesville Alachua $79 $39 Breeze Santa Rosa Out I Feb 28 $87 $34 _Gulf taull-13rceze Santa Rosa Mar I Sep 30 $103 S34 Jacksonville / Jacksonville Beach / Mayport Naval Station / Fernandina Beach / Atlantic Beach Duval 1 City Of Jacksonville And Nassau $78 $44 SECTION PACK DATE ARIZONA ACCOUNTING MANUAL 11-D—V-1 6 01/01/2008 SUAJ FCT - State of Arizona Travel Policy Supplement 1 - Maximum Transportation; Lodging and Meal Reimbursement Rates "11� �,S! to Pri ary De:iitnotio it0stM �. Key West Monroe Oct I Nov 30 $139 $59 Florida Ke West Monroe Dee 1 Jan 31 $168 $59 Key West_ Monroe Feb l Mar 31 $2l4 $59 Ke 'West Monroe Apr I Sep 30 $139 $59 Kissimmee Osceola Oct 1 Jun 30 $75 $34 Kissimmee Osceola JulI A up 31 $63 $34 Kissimmee Osceola Sep I Sep 30 $75 S34 Lakeland Palk $81 534 Lc.esbur f Lake Oct 1 Nov 30 $67 $39 Lcesl ujl Lake Dec I Mar 31 $75 $39 Leesburg Lake Apr I Se 30 $67 $39 Miami Miami -Dade Oct I Dec 31 $107 S54 Miami Ivliami-Dade Jan 1 Mar 31 $157 $54 Miami Miami -Dade 6, r I Sep 30 $107 $54 Naples Collier Oct I Jan 31 $110 $59 Naples Collier Feb I Mar 31 $190 $59 Naples Collier Apr 1 Sep 30 $110 $59 Ocala Mnrion Oct I Dec 31 $77 $39 Ocala _ Marion Jean I Mar 31 $92 $39 Ocala Marion Apr 4 Sep 30 $77 $39 Orlando Orange Oct l Dee 31 $89 S44 Orlando Oran a Jan I Mar 31 $114 $44 Orlando Ono e Apr I Sep 30 $89 S44 Boca Raton / Delray Beach I Jupiter/ Palm Beach Gardens I Palm Beach f Palm Beach Shores ! Singer Island And West Palm Beach Palm Beach. Oct I Jan 31 $110 $59 Baca Raton / Delray Beach / Jupiter'! Palm Beach Gardens / Palm Beach f Palrn Bench Shores ! Singer Island And West Palm Beach Palm Bauch, Feb I Mar 31 $163 $59 Boca Ratan / Delray Beach / Jupiter f Palm Beach Gardeos I Palm Beach 1 Palm Beach Palm Beach 1 Shores/Singer 1 Apr] I Se2 30 1 $110 1 S59 "11� w rda SHCHON PA17if DATE ARIZONA ACCOUNTING MANQU, 11 -D -V-1 7 01/01/2008 SUBJECT State of Arizona Travel Policy Supplement I - Maxithurn Transportation, Lod ging_and Meal Reimbursement Rates Mate. jMMA , pestinatfoll County —, w Beehill Ladgl,ug , Meal Island And Wcsl Palm Beach. Florida'i - d a Panama City Ba. Oct I Feb 29 $79 S44 Panama City Bay Mar I May 31 S106 $4.4 Panama City Bay Jun I Jul 31 5127 $44 Panama Ci!y Bay Aug I Sep 30 $79 $44 Pensacola/ Pensacola Beach Escambia $.94 $44 Punta Gorda f Charlotte Oct I Jan 31 $78 $39 Punta Gorda Charlotte Feb I Mar 31 $110 $39 Punta Gorda Charlotte Apr I Sep 30 $78 $39 Sarasota silrasota Oct I Jan 31 $88 $44 Sarasota Sarasota Feb I Mar 31 $133 $44 Sarasota Sarasota -Apr I Se 2 30 $88 $44 Sebring Highlands S92 $34 St. Aueustine, St. Johns Oct I Jan 31 S92 549 St. AUgLlStinC St. Johns Feb I Mar 31 $111 $49 St. Augustine St. Johns Apr I Sep 30 $92 $49 Stuart Martin Oct I Oct 31 5101 $44 Stuart Martin Nov I Jan 3l 5119 S44 Stuart Martin Feb I Mar 31 $159 $44 Stuart Martin A I Sep 30 Wt $44 Tallahassee Leon $82 $39 Tampa / St. Petersburg Pinellas And Hillsboreugh Oct I Dec 31 - $88 S49 Tam a / St. Petersburg Pinellas And Hillsborough Jan I Mar 31 $111 S49 Tampa / St. Petersburg Pinellas And Hillsborou Th Apr I Sep 30 $88 $49 Vero Beach Indian River Oct I Jan 31 $98 $44 1 Vero Beach Indian River Feb I Mar 31 $131 $44 1 Vero Beach Indian lUver Apr I Sep 30 S98 $44 Georgia Athens Clarke S81 $34 Atlanta Fulton / Dekalb And Cobb $124 $44 Aupsta Richmond $72 $34 Columbus Muscogec $79 $34 , Rockdale $71 $34 Duluth /Norcross j Lawrenceville / BraWton Gwinnctt $72 $39 Jekyll Island / Brunswick Glynn 5100 S44 Savannah Chatham Sgs L S44 Idaho Boise Ada $79 $44 STI'TION PAGE DA7E k. l I–D--V-I 8 01/01/2008 AR170NA ACC'Ol� \Tl NG 1T:�N U,� L SUMS CT State of Arizona Travel Policy SLIPPICment I - Maximum Transportation; Lodging and Meat Reimbursement Rates ... .....- - S ate ... —� Primau. mstinuii( m Coeur D'Alene f�:omil , Kootenai J e rifa -End Lmd Riin. M611 Oct I NIM31 $65 S54 Coeur D'Aiene Kootenai Jun 1 Aug31 $95 $54 Coeur D'Alene Kootenai Sep I Sep 30 $65 S54 Idaho Sun Valley / Ketchum Blaine Oct I Jun 30 $71 $54 Sun Valle / Ketchum Blaine Jul I Aug 31 $82 $54 Sun Valle / Ketchum Blaine Sep 1 Sep 30. '$71 $54 Twin Falls Twin Falls $71 $34 Illinois Bolingbrook / Romeoville 1 Lemont / Lockport / I -tomer Gten / Mokena / New Lenox Will $76 S39 ChicA *o Cook And Lake Det I Nov 30 $173 $59 Chicago Cook And Lake Dec 1 Apr 30 $138$59 _ Chicago Cook And Lake May I Jun 30 $169 $59 Chicago Cook. And Lake Jul 1 ALL g 3 l $141 $59 Chicago Cook And Lake Sep I Sep 30 5173 $59 Elgin / Aurora City OrEl"111 / Kane $80 $39 Oak Brook Terrace Dta a�e $95 $44 Rockford Winnebago $65 Sia Springfield San union $76 $44 ludiatta Bloomington Monroe $84 _ $39 Brownsburg / Plainfield Hendricks $67 S39 Ft. Wayne Allen $68 $34 Hammond / Munster / Merrillville Lake S77 $39 Indianapolis / Carmel NEaricsn / l•lamillon / Dort Benjamin Harrison Military Base S93 $39 Lnfa ettc Tippecanoe $75 $34 Michigan City La Porte $75 $34 Nashville Brown $66 $44 South Bend St. Josgil $86 $39 Valparaiso / Burlington Beach Porter $75 $44 Iowa Cedar Rapids Linu $72 S34 Des Moines Polk $74 $39 Kansas Fort Riley / Manhattan Geary / Riley And Pott'awatomie $67 $34 Kansas City / Overland Park Wyandotte And Johnson $96 $39 Wichita Sed wick $75 $44 Kentucky Boone County Boone $88 $39 �—I r eft - Sr. 110N PAGt: DA IT: . ARIZONA ACCOUN`rIN01ANVAL 11-1]-W-1 9 01 /0112008 SUBJECT State of Arizona Travel Policy Supplement I - Maximum Transportation, Lodging and Meal Reimbursement Rates $94 S39 Kenton County Kenton Lexington Fayette $84 $A4 Louisville Jefferson Oct 1 Ma 31 $94 $44 Louisville Jefferson Jun 1 Aug 31 $85 S44 Kentucky Louisville Jefferson Sep 1 Sep 30 $94 $44 Louisiana Baton Rouge East Baton Rouge Parish Oct 1 Mar 31 $94 $39 Baton Roue East Baton Rouge Parish Apr 1 Jun 30 S80 $39 Baton Roue East Baton Rouge Parish Jul 1 Sep 30 $94 $39 Covinaton / Slidell St. Tammany Parish. Oct I :Mar 31 $95 S44 Covington / Slidell St. Tammany Parish Apr I Aug 31 $70 S44 Covinaton / Sl Wel l St. Tammanv Parish Sep l Se . 30 $95 $44 Lake Charles Calcasieu Parish $71 $34 New Orleans Orleans / 5t. Bernard I Jefferson And PlagWnilre Parishes Oct 1 May 31 $148 $54 New Orleans Orleans I St. Bernard / Jefferson And Plaquemine Parishes Jun 1 Sep 30 $102 $54 Shreveport Caddo And Bossier Parishes $66 $39 Maine Bar Harbor Hancock Oct. I Mav 31 S67 $44 Bar I-larbor Hancock Jun 1 Sep 30 $123 $44 Kennebunk / Kittery / Sanford York Oct I Oct 31 $81 $.49 Kennebunk / Kittery / Sanford York Nov I Jun 30 S69 $49 Kennebunk J Kittery I Sanford York Jul l Aug 31 $108 $49 Kennebunk / Kittery C Sanford 'York Sep I Sep 30 $81 S49 Portland Cumberland, Sauadaltoc Oct I Jun 30. 1 $82 $39 Portland Cumberland, Saeadahoc Jull Sep 30 $103 $39 Rockport Knox Oct I Jun 30 $60 $44 Rockport Knox Jul I Aug 31 $85 $44 Rockpori :Knox Se 1 Se 30 S60 $44 Mar -viand Aberdeen / Bal Air/ Beleam / Ed gewood I lairlbrd $82 53t) Anent oils Anne Arundel 5116 $59 SECTION PAGE DA't`L ARIZONA ACCOUNTING MANUAL ll—D—V-I 10 01/01/2008 StjBjrCi State of Arizona Travel Policy SURRICInClIt 1 - Maximum Transportation, Lodging and Meal Reimbursement Rates Aa. Baltimore City Bailitnora City Begin End . Lodgiug Will 5148 S54 Baltimore County Baltimore 542 $49 Cambridge / St. Michaels Dorchester A nd Talbot Oct I Oct 31 $135 $49 Cambridge / St. Michaels Dorchester And Talbot Nov l Apr 30 $99 $49 Maryland Cambridae_/ St. Michaels Dorchester And Talbot May 1 Aug31 $146 $49 Cambridge/ St. Michaels Dorchester And Talbot Sep I Sep 30 5135 $49 Columbia Howard $104 $4.4 Frederick Frederick $85 S34 Ha +erstnwn Washington $65 $34 La plata / Indian Head Charles $70 $34 Lexington Park / Leunardtown / Lusby 5t. Mary's And Calvert $82 $34 Ocean Ci Worcester Oct I Mav 31 $74 $59 Ocean City Worcester Jun I Sep 30 $159 $59 Washington DC Metro Area Montgomery and Prince Georges Oct I Nov 30 $195 S59 Washington DC Metro Area Montgomery and Prince. Geer es Dec 1 May 31 5188 $59 Washiligion DC Metro Area Nloisig mcry and Prince Georges Jun l Aug31 $162 _.....,...... S99 Washington DC Metro Area Montgomery and Prince+Georu,es Sep l Sep 30 $195 S59 Massachusetts Andover Gssvx $84 $54 Boston ! Calttbridue "aurooik /City Or Cambridge Oct I Oct 31 _ $203 $59 Boston / Cantbrid gc Surfolk/City Of Cambrid 7e Nov 1 Aug31 $168 $59 Bostan / Cambridge Surfolk ICiIN. Of Cambridge Sep I Sep 30 $203 $59 Burlington / Woburn Middlesex I 5104 $54 Falmouth City Limits Of Falmouth Oct 1 Jun 30 $85 $44 Falmouth City Limits Of Falmouth Jul I. Au * 31 S128 $44 Falmouth City Limits Of Falmouth Sep I Sep 30 $85 $44 Hyannis annis Bamstable Oct 1 Apr 30 $80 S54 Hyannis Bimstable May I ,fun 30 $95 $54 Hyannis Barnstable Jul I Aug31 $124 $54 Hyannis Barnstable Sep 1 Sep 30 $80 S54 Martha's Vineyard Dukes Oct I Oct. 31 5116 $59 Aa. 1p. SrC['ION DAi'1_ ARlzon:► ACCOUNTING MANUAL 11 -D --V-1 11 01/01/2008 SUBJECT State of Arizona Travel Policy Sup lement 1 - Maximum Transportation, Lodging and Meal Reimbursement Rates 4d I Martha's Vineyard Dukes Nav l Ma 31 $96 0 o S59 Martha's Vinevard Dukes Jun 1 Au 3l 5175 $59 Mamha's Vineyard Dukcs Sep I 5e. 30 1 $116 $59 Nantucket Nantucket Oct 1 Nov 30 $154 $59 Nantucket Naitlucket Dec I May 31 $130 559 Nantucket Nantucket Jun I Aug 31 $224 $59 Massachusetts Nantucket Nantucket Sep I Sep 30 $1.54 $a9 Northam ton Hampshire $88 1 $34 Pittsfield Berkshire Oct I Jun 30 S87 S-54 Pittsfield Berkshire Jul I A u u 3,1 $104 $54 Pittsfield Berkshire Sep I Sep 30 S87 S34 Plymouth 1 Taunton /New Bedford Plymouth I Bristol $91 $49 Quincy—Norfolk $111 $39 S grin =field 1 -lam den $90 $39 Worcester Worcester S87 $44 Michigan Ann Arbor Washtenaw $86 '$39 Benton Flnrbor / SL Joseph / Stevensville Berrien - - $68 $44 Charlevoix Charlevoix $71 $44 Detroit Wayne $100 $44 East Lansing/ Lansing In *ham And Baton $75 S34 Flint Genessee $73 $34 Frankenmuth Saginaw $67 $39 Grand Rapids -w Kent $75 $34 - Holland Ottawa S72 $39 Kalamazoo / Battle Creek Kalaen;izoo 1 Calhoun S75 $39 Mackinac Island Mackinac Oct I Jun 30 $65 $44 ivlackinac Island Mackinac Jul I Aug 31 $88 $44 Mackinac Island Mackinac Sep l Sep 30 $85 $4.4 Midland Midland $85 $34 Mount Pleasant Isabella $6.8 $39 Muskegon Muske ron Oct I May 31 $64 $34 Muskc ion Muskeeon Jun 1 Au • 31 $80 $34 Muske on Muskegon Sep I Sep 30 $64 $34 Ontonagon / Baraga ! Houghton Ontonagon 1 Baraga 1 Flouitlon $72 $34 Petoskey Emmet Oct I Jun 30 $67 S49 Petoskev _ Emmet Jul I Aug 31 $90 S49 Petoske Emmet Se 1 Sep 30 S67 $49 Pontiac I Auburn Hills Oakland $94 $39 Sault Ste Marie Chippewa $62 $34 SECTION PAGE DATE ARIZONA ACCOUNTINGMANUAL 11—D -V-1 12 01/01/2008 $ SUBJECT State of Arizona Travel Policy SLIPPlement I - Maximum Transportation, Lodging and Meat Reimbursement Rates State Printary Uestinn ion Couttt . Be in 1- n1d, -UtI ring,, , Meal.- South Haven Van Buren Oct I May 31 $63 $34 South Haven Van Buren Jun I Aug31 $85 $34 South Haven Van Buren Sep I Sep 30 $63 $34 Traverse City And Leland Grant! Traverse And Leelanau OCL i Jun 30 $66 $39 Michigan Traverse Ci And Leland Grand Traverse And Leelanau Jul I Aug 31 $103 $39 Traverse City And Leland Grand Traverse And Leelanau Sep I Sep 30 $66 $39 Warren Macomb $75 1 $34 Minnesota Coon Rapids I Ramsey Anoka $72 $39 Duluth St. Louis Oct I May 31 $71 $44 Duluth St. Louis Jun I Sep 30 $87 $44 Eagan / Burnsville / Mendota Heights / Lakeville / Inver Grove Heights Dakota $80 $44 Minneapolis/ St. Paul Hennepin And Ramse $113 $59 Rochester Olmstead $90 $39 Mississippi Glllf }art / Biloxi Harrison Oct l Mar 31 $94 $39 Gulf ort / Biloxi Harrison A r I Aug31 $63 $39 Gulf ort/Biloxi Harrison Sep I Sep 30 $94 $39 Robinsonville Tunica $65 939 Starkville aktibbeha $70 $39 Missouri Kansas City Jackson / Clay 1 Cass And Platte $% S44 Osage Beach / St. Robert / Ft. Leonardwood _ Camden 1 Miller I Pulaski $70 _ $44 S princfield Greene $70 $34 St. Louis St. Louis 1 St. LOUIS City And St. Charles $103 $54 Montana Big Sky I West Yellowstone Gallatin Oct I Jun 30 $73 $44 Big: Sky I West Yellowstone Gallatin Jul l Auq 31 $96 $44. _ Big Sky 1 West Yellowstone Gallatin Sep I See 30 S73 $44 Butte Silver Bow $65 $39 Helena Lewis And Clark $67 $3'A Missoula I Polson / Kalisell MissoulaI Lake 1 Flatbead Oct I May 31 $73 $39 Missoula / Polsian MissoulaI Lake I Jun I Aug31 $90 $39 ig lft, 5tstsEc SECTION PAGE DATE OARIZONA 11—D --V-1 13 01101/2008 ACCOUNTING MANUAL Missoula / Polson 1 Kalispell Missoula / Lake 1 Flathead SUBJECT State of Arizona Travel Policy Supplement I - Maximum Transportation, Lodging and Meal Reimbursement Rates 5tstsEc f?.jrimt�_ . Ueslilyali0 Coati Flathead r rse - - Kalispell - Missoula / Polson 1 Kalispell Missoula / Lake 1 Flathead $73 $39 Nebraska Omaha Douglas $84 $44 Nevada Incline Village / Crystal Ba / Reno / Sparks Washoe Oct l May 31 $101 $44 Nevada Incline Village / Crystal Ba / Reno / Sparks Washoe Jun i Aug31 $139 $44 Incline Village/Crystal Bav / Reno _/ Sparks Washoe Sep 1 -Sep 30 $101 $44 Las VSgas Clark Oct 1 Apr 30 $114 S59 Las Ve as Clark Mat I Aug 31 '$100 $59 Las Vegas Clark sop I Sep 30 $.114 $59 Stateline / Carson City Douglas ! Carson City Counties $83 $59 New Ham shire Concord N Ierrimack Oct 1 Oct 31 $92 $39 Concord Merrimack Nov I May 31 $72 539 Concord Merrimack Jun 1 Sep 30 _ $92 $39 ConwayCarroll Oct I 7+cb 28 $120 $44 ConwayCarroll Mar i Jun 30 $97 S44 ConwayCarroll Jul1 Aug 31 $146 $44 _ ConwayCarroll Sep 1 Sep 30 $120 S44 Durham Straf3'nrd $81 $39 Laconia Belknap�Oct I Jun 30 $81 S3-1 Laconia Belknap Jul 1 Aug 31 $100 $34 Laconia Belkna Sep I Sep 30 S81 $34 Lebanon / Lincoln ! West Lebanon / Franconia / Hanover /Holdemess / Sunapee / Waterville Valley / North Woodstock I Pl moutlt Grafton And Sullivan 5116 $44 Manchester Hillsborough $90 S39 Portsmouth Rockingham Oct 1 Jun 30 $93 $39 Portsmouth Rockingham Jul I Sep 30 $121 $39 New Jerse Atlantic City l Ocean City / Cape Ma Atlantic and Cape May Oct I Oct 31 $ t 14 S-19 Atlantic City / Ocean City / Ca2e May Atlantic and Cape May Nov I Apr 30 $94 $49 Atlantic City / Ocean City / Cape Ma. Atlantic and Cape Ivla Ma . 1 Sep 30 S114 $49 Belle iylcatl Somerset S125 $39 Cherry Hill / Moorestown Camden And Burlineton S82 $39 ' sr_c'rloN PAGE DATF �'[t 11 -D --V-1 14 01/0 1 /20U8 ARIZONA ACCOUNTINIG ,MANUAL Monmouth 5U nl1iL''1' State of Arizona Travel Policy Supplement I - Maximum Transportation, Lodging and Meal Reimbursement Rates --N IqN Prim ril Y NkuCtatlojl C94'0 Be '11 �'[t T�i1C RIi Weal Eatontown / Freehold Monmouth $106 $44 Edison / Piscatawqy Middlesex $109 $39 Flemington 1-lunterdon - 5100 $34 Newark Essex / Bergen 1 I ludson And Passaic $116 $44 New Jersey Parsippany Morris $121 $44 Princeton / Trenton Mercer $133 $39 Springfield / Cranford 1 New Providence 7 Westfield / Clark / Summit / Linden Union $98 $44 `tom's River ocean Oci l May 31 $79 534 Tom's River Ocean Jun I Aug 31 $102 S34 Tom`s River Ocean Sep I Sep 30 579 $34 New Nlexico Albu uer ue Bernalillo $70 S44 Los Alantps Los Alamos $75 S44 Santa Fe Santa Fe _ $83 $54 Taos 'Taos $69 $54 New Vorlt Albany Alban $103 $44 Binghamton / Owego Broome And 'Tina $79 $34 Buffalo Erie S81 S49 Floral Park / Garden City / Glen Cove / Great Neck / Roslyn Nassau $159 $59 Glens falls Warren Oct I May 31 $83 $44 Glens Falls Warren Jun 1 _ Au = 31 _ $129 $44 Glens Falls 'Warren Sep l Sep 30 $83 $44 Ithaca / Waterloo / Romulus Tompkins And Seneca $90 $39 Kin Aston Ulster $94 $44 Lake Placid Essex Oot 1 Dee 31 S 1 t15 $49 Lake Placid Essex Jan 1 Jun 30 $94 $49 Lake Placid Essex JulI AUg, 31 $157 $49 Lake Placid Essex Sep I I Sep 30 $105 S49 Manhattan (Includes The Boroughs Of Manhattan / Brooklyn / The Bronx And Staten Island) The Boroughs Of Manhattan / Brooklyn / The Bronx 1 Richmond Coun!y Oct l Dec 31 5274 $59 --N IqN State SI CTION PAGE DATE Fait! I l—D—v-I 1 S 01/01/2008 ,%ttlzo,rr,►.tcebtrWlxc aaANtr,u, The Borou,;hs Of til11SJEC'T State of Arizona Travel Policy Supplement I - Maxinium Transportation, Lodging and Meal Reimbursement Rates State Prbnary Lie,S ipation couajty `Ile iia _ Fait! Lodging_ ne_af The Borou,;hs Of Manhattan (Includes The Manhattan / Boroughs Of Manhattan / Brooklyn /The Brooklyn / The Bronx Bronx / Richmond And Staten Island) County Jan I Jun 30 $214 $59 The Boroughs Of Manhattan (Includes The. Manhattan / Boroughs Of Manhattan / Brooklyn / The Brooklyn/ 'The Bronx Bronx / Riclimond And Staten Island) County Jul 1 31 $196 $59 The Boroughs Of _Lug Manhattan (Ineludes The Manhattan / Boroughs Of Manhattan / Brooklyn I The Brooklyn I The Bronx Bronx / Richmond New York _ And Staten Island) Countv Sep I Sep 30 5274 $59 Niagara Falls Niagara Oct I NIa 31 S63 $39 Niagara Falls Niagara Jun l Aug31 $93 $39 Niagara Falls Niagara _ Se P I_ Sep 30 $63 $39 Nyack / Palisades Rockland $105 $44 Poughkeepsie Dutchess $103 $49 Queens . Queens Oct I Dee 31 5177 $54 Queens Queens Jan I Apr 30 $152 $54 Queens Queens May I Jun 30 $163 S54 Queens Queens JulI Aug31 $153 $54 Queens Queens Sep I Sep 30 $177 $54 Riverhead / Ronkonkoma / Melville I Smithtown I Huntington Station / Amagansett / East Hampton / Montauk I Southhampton / Islandia / Commack / Medford / Stony Brook / Hauppauge _ / Centereach Suffolk $1i;8 $59 Rochester Ntonroe $87 $39 Saratoga Springs / Saratoga And Schenectqdy Schenectady Oct 1 Jun 30 S99 $39 Saratoga Springs / Saratoga And Schenectadv Schenectady Jul i Aug31 $160 $39 Saratoga Springs / Saratoga And Schenectady Sclienec(ady Sep 1 Sep 30 $99 $39 Syracuse Onondaga $82 $39 Tarrytown / White Plains / New Rochelle / Yonkers Westchester $137 1 iS4 Troy Rensselaer $83 $34 West Point Orange S98 $39 SECTION P{IC I: DAT]. ARIZONA ACCOUNTING MANUAL ff—D--V-1 16 01101/2008 SUDJi ~CT State of Arizona Travel Policy Supplement I - Maximum 1'rans ortation, Lodging and Meal Reimbursement Rates i� ft-., North Carolina Primary Desetin lot Asheville Asheville Buncombe Buncombe Oct I Nov l Oct 31 Jun 30 S82 $71 S44 S44 Asheville Buncombe JulI Sep 30 $82: $44 Atlantic Beach / Morehead City Carteret Oct 1 May 31 $67 $44 Atlantic; Beach l Morehead City Carteret Jura I Aug31 $96 $44 Atlantic Beach I Morehead City Carteret Sep I Sep 30 $67 $44 Cha.cl Hill Orange S80 $44 North Carolina Charlotte Mecklenburg $78 $44 Durham Durham _ _ $88 $44 Greensboro Guilford Oct I Apr 30 $90 S39 Greensboro Guilford May I Sep 30 $78 $39 Greenville Pitt $68 $34 Kill Devil Dare oct l Dec 31 $60 S49 Bill Bevil Dare Jan I Sep 31l $91 $49 New Bern I Havuluck Craven $76 $39 Raleigh Wake $80 $49 Sbalotte I Southport f whiteville Brunswick And Columbus $65 $34 Wilmington New Hanover $81 _ $44 Winston-5afem Forsyth $78 $39 Ohio Akron Summit $78 S44 Canton Stark $73 S39 Cincinnati 1lamilton And Clermont $86 $49 Cleveland Cuyahoga S98 $49 Columbus Franktin $93 $44 Dayton / Fairborn Greene / Darke And Montgomery S80 $39 Hamilton. Butler And Warren $82 $44 Mentor Luke SSA. $39 Port Clinton Ottawa Oct I Jun 30 S60. $39 Port Clinton Ottawa Jul I Aug31 S87 $39 Port Clinton Ottawa Sep I Sep 30 $60 $39 Rittman Wayne And Medina $72 S34 Sandusky / Bellevue: Erie And Huron $91 534 Toledo Lucas $73 S39 Youngstown Mahuning And Trumbull S75 $34 Oklahoma Oklahoma City Oklahoma S73 $44 Tulsa Tulsa / Creek I Osage I And Rogers $68 $39 i� ft-., 5A _4-1 SECT ON PAGE DA -H-' vRIZOI%A .AC( racyrrNC AkSI AI. H -D -V-1 17 01101I7-068 SUBJECT State afAri7anaTTraveI IIo11cy Supplement I - Maximum Trams ortatian, Lodging and Meal Reimbursement Gates Fritnar , M ' mItion Count Jackson / Klamath :S74 S39 Or on Ashland / Crater Lake Beaverton Washington $79 $39 Bend Dcschules $75 $39 Clackamas Clackamas $72 $34 Eugene I Florence Lane $84 S39 Lincoln Citv Lincoln Oct I Jun 30 $76 $44 Lincoln frit _ Lincoln Jul 1 A up, 31 $100 $44 Lincoln City Lincoln Sep 1 Sep 30 S76 $44 Portland $98 $44. Oregon Seaside _Multnomah Clatsop 'Oct I Jun 30 $77 $49 Seaside Clatsop Jul 1 Aue 31 sit] $49 Seaside Clalsop Sep I SSp 30 $77 $49 Pennsylvania Allentown I Easton f Bethlehem Lehigh And Northampton S80 $39 Bucks County Bucks $95 $54 Chambersburg 1=ranklin S66 $39 C:laester / Radnor t Essington Delaware $88 $39 Erie Erie S79 $34 Gm sbur= Adams Oct I Oct 31 $101 $49 Gettysburg, Adams Nov I Mar 31 $72 $49 Geta sbu g Adapts Apr I Sep 30 $101 $49 1-larrisburq Dau in $85 S39 Hershey City Of Hershe Oct I Feb 28 $82 $39 Hershey City Of Hershey Mar 1 May 31 $88 $39 Hershey City Of Hershey Jun I Sep 30 5139 $39 Lancaster Lancaster S83 $44 Malvern / Frazer / Berwyn / Phoenixville Chester $106 $44 Mechanics_b_urg Cumberland $75 $49 klont =carne County Ntont }ome $1:14 $54 Philadelphia Philadelphia $138 $59 Pittsburgh Allegllen $100 S49 Reading Berks $78 $39 Scranton Lackawanna $71 $34 State College Centre $76 $39_ _ Rhode island East Greenwich 1 Warwick I North 1.:it,,�stown Kent And Washington $99 $44 Jamestown 1 Middletown / Newport Newport Oct l Nov 30 $137 $59 Jamestown 1 Middletown / New art Newport Dcc I Feb 28 $83 $59 SIX -TION PAC; F I)AIT AR1ZONAACCoVNTINGMANUAL II -D --V-1 18 01/01/2009 SUBJECT State of Arizona Travel Policy Supplement I - Maximum Transportation, Lod in and McnI Reimbursement Rates Shite _ _ - Prima , Destination Cour tt Marl d n Sep 30 iYi a Jamestown 1 Middletown 1 Newport Nenmt $137 $59 Providence Providence S144 Sag South Carolina Aiken Aiken $70 $34 Charleston Charleston 1 Berkeley And Doi-cl,cster S92 $49 Columbia Richland $75 $39 Greenville Greenville $75 $44 Hiliou Head Beaufort Oct 1 Oct 31 $120 $49 South Carolina Hilton Head Beaurort Nov 1 Feb 29 $86 $49 Hilton Head Beaufort Mar 1 Sep 30 $120 $49 Mvrtle Beach Florae Oct I Feb 28 $67 $49 Myrtle Beach Hor Mar I May 3 I $82 $49 Myrtle Beach Ho Jul) 1 Au 31 $118 $.49 Myrtle Beach Hurry Se I Se 30 $67 $49 South Dakota Hot Springs Fall River And Custer Oct 1 May 31 $61 $34 Hot Springs Fall River And Custer Jun I Au * 31 $89 $34 }lot. Springs Fall River And Muster Sep 1 Sep 30 $61 $34 Rapid City_Pennington Oct I Mav 31 $63 $39 Rapid City Pennin ton_ Jun 1 AuF2 31 $106 $39 Rapid City Pennington Sep I Sep 30 $63 $39 Stier is / 5 carftsh Meade I Butte And Lawrence Oct 1 Apr 30 $60 $39 Sturgis I S earlish Meade / Butte And Lawrence May l Aug31 $88 $39 — - Stu!is / Spearfish Mcade / Butte And Lawrence Sep I Sc2 30 $60 $39 Tennessee Brentwood/Franklin Williamson S82 $44 Chattanooga Hamilton $81 $39 Gatlinburg / Townsend Sevier And Blount S67 S44 Knoxville Knox $74 S44 Memphis Shelby S83 $44 Nashville Davidson $99 S49 Oak Ridge AILderson $72 S34 Texas Arlington / Fort Worth / Grapevine Tarrant County And City Limits Of Grapevine $120 $39 Austin Travis $85 $49 College Station Brazos S73 $34 Co us Christi Nueces $78 $39 IFN ila SECTION PAGE DAT ARtzarv, ACcouyrrvcNI>>r UAL 11—D -V•1 19 01141/.2008 Sttatec"r State of Arizona Travel Policy Supplement I - Maximtnn Transportation, Lodging in and Meal Reimbursement Rates �-Primal? Destination, Dallas County And CitX Of Dallas ct 1 Dec 31 SI00 71 $54 Dallas Dallas Dallas County And City OfDallm Jail t A r3O$1`11 $54 Dallas Dallas County And City Of Dallas Mav 1 Sep 30 MOO $54 El Paso EI Paso _ _ $76 $39 Galvoston Galveston $96 $44 Houston (L.B. Johnson Space Center) hlontBorrlery / 1=art Bend And Harris $95 $54 Hunt County Bunt Count. $64 $34 Texas Killecn Bell $65 $34 Laredo Webb sm $39 141eAllen Hidalgo $75 $39 Plano Collin $81 $44 Round Rock Williamson $78 $39 San Antonio Bexar $10.3 $49 South Padre Island Cameron Oct 1 Feb 2$ $71 S39 South Padre Island Carneron 141ar I Au_g 31 $96 S39 South Padre Island Cameron Sep I Sep 30 $71 $39 Waco Mclennan $76 $34 Utah Ogden Weber $61 $39 Park City Summit Oct 1 Nov 30 $68 $59 Park City Summit Dec I Mar 31 '5135 559 Park Cit Summit _ Apr I Sep 30 368 S59 _ Provo Utah $69 $44 Salt Lake Citv _ Salt Lake And Towle $.90 $49 Vermont Burlin ton/ St. Albans Chittenden And Franklin Oct I Oct 31 $95 $44 - Burlington/ St, Albans Chittenden And Franklin Nov I Apr 30 $81 $44 Burlington / St. Alban_ s Chittenden And Franklin May I Sep 30 $95 $44 Manchester Bennington $79 S`4 Montpelier Washington $88 $49 Stowe Lamoille Oct I Nov 30 S108 S59 Stowe Lamoille Dec l Feta 28 $125 $59 Stowe Lamoille Mar I Sep 30 SIN $59 White River Junction Windsor Oct I Feb 2.8 $89 $49 White River Junction Windsor Mar I Am,, 31 $78 $49 White Itiver Junction Windsor Sep l See 30 $89 $49 Virginia Charlottesville City Or Charlottesville, $87 S39 SECTION PAGE DATE f 4 1l—1 -V -T 20 01 /0112008 ABIZOiVz1 ACCOUNTING MANUAL SUBJECT State of Arizona Travel policy Supplement I - Maximum Transportation, Lodging and Meal Reimbursement Rates State. Prinlar . Des tlrtriiLton , Albemarle Cities of Chesapeake and Chesapeake 1 Suffolk 5uftblk Oct I liar 31 $74 1 $39 Cities of Chesapeake and Chesapeake / Suffolk. Suffiolk Apr I Aug31 $99 $39 Cities of Chesapeake and Chess cake / Sult'tlk Suffolk Sep I Sep 30 '$74 $39 Chesterfield /.Henrico C:hesterField / Counties Henrico $81 $44 Cities of umpton Flampton City / Newport City and Newport Virginia News News Oct I Mar 31 $73 $39 Cities of Hampton Hampton City / Newport City and Newport News News. Apr 1 Jun 30 $88 S39 Cities of Hampton Hampton City /Newport City and Newport News News Jul I Sep 30 $73 $39 James City and James City and York York Counties, City Counties, Witliamsbura ofWilliamsburg Oct f Mar 31 $70 $49 James City and James City, and York York Counties, City Counties, Williamsburg of Williamsbur Apr I Aug31 $89 549 James City and James City and York York Counties, City Counties, Williamsburg of W i I I iamsburg Sep I SeR 30 $70 $49 Loudoun Coumy Loudoun S131 $54 Campbell / Lynchbing Lynchburg, City S68 S39 Manassas City of Manassas $87 S34 Cities of Norfolk Norfolk / Portsmouth and Portsmouth Oct I Oct 31 $9.1 $54 Cities of Norlolk Norfolk / Portsmouth and Portsmouth Nov 1 Mar 31 S77 $5.4 Cities of Norrolk Norfolk / Portsmouth and Portsmouth Apr I Sep 30 S94 $54 Richmond City Ciiy or Richmond $102 $49 City Limits Of Roanoke Roanoke S76 S39 Spotsylvania County 1 City Of Fredericksburg S bts lvania $63 $44 Stafford / Prince William Stafford/ Prince. S80 $39 ell SECTION PAGE DATE 0,%KIZONA ACCOUNTING .MANUAL 21 01 fB 1 /2008 SUBJt;C l' State of Arizona Travel Policy Supplement I Maximum Transportation, Lodging and Meal Reimbursement Rates State, ruinjavy Destillation Ctlun :_ WWI 7<1c In IViCa Counties William Virginia Breach County Virginia Beach Oct I Mar 31 $68 $49 Virginia Beach County Virginia Beach _ A r 1 May 31 $83 $49 Virginia Beach County Virginia Beach Jun I Aug31 5129 S49 Virginia Beach County Virginia Beach Sep I Sep 30 $68 $49 Wallops Island Accomack Oct l Jun 30 S78 S44 Wallops tsland Accontack Jul I Au 31 $111 $44 Wallops Island Accontaek Se I 5e i0 S78 544 Warrenton Fauq u'rer $73 539 Cities or Alexandria, Fairfax and Fills Church; Washington DC Metro Arlington and Vir'inia Area Fairfax. Oct t Nov 30 5195 $59 Cities of Alexandria, Fairrax and Falls Church; Washington DC Metro Arlington and Area Fairfax. Dec I May 31 5188 $59 Cities of Alexandria. Fairfax and galls Church; Washington DC Metro Arlington and Area Fairfax Juni I Aug31 $162 $59 Cities of Alexandria, Fairfax and Calls +Church; Washington DC Metro =Arlington and Area Fairfax Sep 1 Sep 30 SI95 S59 Anacortes 1 Camano Island / C'oupevilIe I Mount Vernon 1 1_4 Conner 1 Burlington 1 Skagit 1 Island I San Washington Friday Harbor Juan $74 $54 Brerrrerton Kitsa $74 S54 Everett / Lynnwood Snohomish $81 1 $49 Ocean Shores Grays Harbor $82 $39 Olympia / Tumwater Thurston 376 $44 Port Angeles! Port Clallnrn Arid Townsend Jefferson Oct 1 Jun 30 $81 $54 Port Angcics 1 Port C1allam And Townsend i Jefferson Jul I Aug 31 5114 $54 Port Angeles 1 fort Clallant And Townsend Juffcrson Sep I Sep 30 $81 $54 - SI"CrION PAGE DATE r H -D -`V-1 22 01/01/2008 ARIZONA ACCpUNTh1G AfA,�UAL St!BJFC r State of Arizona Travel Policy Su . lement I - Maximum Transportation, Lodging and Meal Reimbursement Rates - 'M Priinwry 1136 inatlow, . King S I3t7 $S9 Seattle: Spokane Spokane $70 $44 Tacoma Pierce $96 $54 Claris J Cowlitz And Vancouver Skamania Stoll $44 Washington DC (Also The. Cities Of Alexandria / Falls Church And Fairfax / And The Counties Of Arlington And Fairfax I In Virginia; And The Counties Of htontg;omery And Prince George's In lvlaryland) (See Also 'Maryland And Washington DC District Wolutnbia Virginia) Oct I Noy 30 5195 Sag Washington DC (Also The Cities Of Alexandria / Falls Church And Fairfax / And The Counties Of Arlington And Fairfax/ In Virginia.; And The Counties Of Montgomery And Prince George's In Maryland) (See Also Maryland And District Of Columbia Virginia) Dec l May 3 l S i 88 $59 Washington DC (Also The Cities Of Alexandria / Falls Church And Fairfax / And The Comities Of Arlington And Fairfax / In Virginia; And The Counties Of Montgomery And Prince George's In Maryland) (See Also Maryland And District Of Columbia Virginia) Jun l Aug 31 SI62 'M _ SR -TION PACif. DATE eAttIZONAACCOI'NI'INGNIrkNt!,k]. 11-13—V-1 23 Ol/Ct1/20x78 District Of Columbia Washington DC (A Iso The Cities of Alexandria / Falls Church And Fairfax l And The Counties Of Arlington And Fairfax / In Virginia; And The Counties Of Montgomery And Prince George's In Maryland) (See Also Maryland And Virginia) Sep l Sep 30 SUBJECT State of Arizona Travel Policy Supplement t - Maximum Transportation. Lodainsr and Meat Reimbursement Rates _ ' .:I�C5t'in llGlt County Begin End i Washin ton DC District Of Columbia Washington DC (A Iso The Cities of Alexandria / Falls Church And Fairfax l And The Counties Of Arlington And Fairfax / In Virginia; And The Counties Of Montgomery And Prince George's In Maryland) (See Also Maryland And Virginia) Sep l Sep 30 5197 $59 West Vir rinin Charleston Kanawha $87 ' $39 Huntington / Barboursville Cabell / Wayne $61 $39 _ Morgantown Monon alis $76 S39 She Iterdstowii Jefferson $69 $39 wheeling Ohio $71 S39 Wisconsin Appleton City OfAppleton $75 $39 Brookfield / Racine Waukesha / Racine $77 $39 Green Bay Brown $71 $39 Lake Genera Walworth Oct I Oct 31 $120 549 Lake Geneva Walworth Nov I A r 30 S91 S49 Lake Geneva Walworth May I Sep 30 $120 $49 -- Madison Bane $84 $49 Milwuukw Milwaukee S87 $39 Shebo an Sheboygan OctI Jun 30 $68 $39 Shebo gan Sheboygan Jul l Aug31 $77 $39 Shebovaan Sheboygan Sep 1 Sep 30 $68 $39 Sturgeon Bay Door Oct 1 Oct 3l $74 $44 Suir peon Cia Door Nov. I Jun 30 $60 $44 _ Stur>eon Ba Door Jul l Sep 30 S74 $44 Wisconsin Dells Columbia Oct I Jun 30 $60 $59 Wisconsin Fells Columbia Jul 1 Aug31 $82 $+9 Wisconsin Bells Columbia Sep I Sep 30 $60 S59 Wyoming Cody Nrk _ Oct I A r 30 $60 $39 Cody Park fvlzt 1 Se 30 $94 $39 Jackson / Pinedale Teton And Sublette Oct I Jun 30 $85 S49 Jackson / Pinedale Teton And Sublette Jul 1 Aug31 $127 $49 Jackson / Pinedale Telon And Sublette Sepj Se 30 S85 $49 Si;CT'i[7V PAGE DATE. 24 01/0112008 I ,\N17(1NA ACC)1 NT11G MANC.11, ai'likl ( I State of Arizona Travel Policy Supplement l - Maximum Transportation, Lodging and Meal Reimbursement Rates a. Meal Expense Breakdown for partial day travel: Brenkfnst S 7.00 $ 11.00 $ 9.00 S 10.011 $ 11.00 $ 12.00 1,111101 5 10.00 S 11.00 $ 13.110 S 14.00 S 16.01) S 17,00 Uinller S 17.00 S 20.00 S 22.00 S 25.00 S 27.00 S 30,00 S 34.00 $ 39.00 S 44.00 S 49.00 $ 54.00 S 59.00 6. Long—Tenn Subsistence: At least 30 consecutive days in travel status outside a 50 mile radius of residence and post of duty. Up to the first seven (7) clays may he reimbursed at the allowable rates stated above if arrangements for housing cannot be made before travel. In—State: Lodging! :$19.00 per night Meals $20.00 per day Not to CXCCL!d a total of: L12M per clay Out—of State. Determined on a case—by—case basis. Please submit request to Arizona Department of Administration with sufficient details to determine appropriate rate. 7. Out—of—Country For the current otit—of—country rates you may contact the GAO at (602) 542-1750 or visit the Department of Defense website for the latest rates: a. Go to the GAO website and click on the "!gavel link, b. Click on the Current Out -of -Country / Alaska, Hawaii Lodging and Meal Index link. This will take you to Department of Defense website; then c. Click on Per Diem Rates and click on Per idem Rates again. Next find the OUTSIDE CONUS, NON -FOREIGN OVERSEAS AND FOREIGN rates and select the COUNTRY/STATE from the drop down menu. d. Locate the travel destination and associated lodging and meal rates The breakdown ror partial clay Meal for out—Of=country can be done using the following percentages: Breakfast 20%, Lunch 25% Dinner 55% EF -MILL 4 L Insurance. Bonds. Benefits. February 1, 2015 Mohave Educational Services Cooperative, Inc. 625 E Beale Street Kingman, AZ 86401 RE: Bond Methodology Description for: Michael L. Riddle Painting Inc 5922 N. Black Canyon Hwy Phoenix, AZ 85017 To Whom It May Concern: RE: Bond Methodology Description & Rate Calculation Provide detailed Information explaining the methodology to be used when bonds are applied to projects. Describe In detail the method your surety company requires you use (e.g., bonds are applied before sales tax 1s applied, bonds are applied after sales tax Is applied, etc.) 'Mohave will use this Information to verify that your firm Is consistently charging bonds in the same manner under an awarded contract. Bond premium will be charged on the total contract sum. If sales tax Is included In the contract, bond premium will be charged, if sales tax is not included In the contract amount, no bond premium will apply. Indicate in the pricing Page of this hid the percentage or formula you use to calculate performance and payment bonds for jobs over $50.000.00. Performance bonds will be required only when a job of'$50,000.00 or more is of Bred. 2.5% for first $ 1 00 of contract 1.5% for next $400k of contract Please feel free to contact us for any additional information. Sincefely, r Hli. SFIER Richard B. skier, Attorney -In -Fact Merchants Bonding Company (Mutual) cc: Riddle Painting & Coating 5922 N Black Canyon Hwy Phoenix, AZ 85017-2118 1033 North 44th Street, 4300 1 Phoenix, Arizona 85018 1 Phone; 602.956.4220 1 Rax; 602.956.4418 www.hillusher.com Evaluation Requirements Primary Contract Documents 1. Provide Arizona Transaction Privilege (sales) Tax License Number: 07-259129H Do you collect city, county and/or other local sales tax in Arizona? Yes X No If yes, please check one. X Our combined state, city, county and/or other local sales tax rate is 8.3 % (local rate). ❑The sales tax rate varies by the location (e.g. ship -to -rate). 2. Mohave is established to offer a cooperative purchasing program "which can be accomplished more efficiently and economically as a multi -district or multi -county operation." Efficiency and economy can be established through reduced bidding effort for members and vendors, management of a single contract, fewer price schedules to maintain, fewer contact persons, using Mohave as an extension of members' purchasing departments. Additionally, it is Mohave's assertion that a statewide contract available to over 430 public agencies results in economies of scale and lower prices than those received by bidding individual contracts, especially, but not limited to small member agencies. Will a contract based upon your bid result in the efficiencies and economies described above? Yes X No If no, what efficiencies and economies would members receive from a contract based on your bid? 3. List applicable Arizona Contractor's licenses held by your company. Name of licensee Classification Number Painting and Wallcovering CA 34 4. Contact Information for purchase orders: Physical Address:5922 N, slack Canyon Highway Email Address KC@riddlepainitnci.com Attention of S. Sales support by region: Name Region served Phone Tom Kamka AZ 602-618-7398 Bill Ellison AZ 602-3210-9351 6. Will you offer members a quick pay discount if payment Is made within 10 or 20 days? Yes No X If Yes, what is the discount for 10 days? 20 days? 7. What is your general website (Internet) address? www.riddlepainting.com 8. Contacts for Mohave: Main Mohave representative contact: KCKC Evaluation Requirements — primary Contract Documents {.,hall be the main point of contact for membeis and be res-ponsible for member 1176M36011 requests ) Tide President Email address kcariddleoaintinci.com Phone number 607-317-5088 Fax 6QZ-26f-6470 Contract Administrator contact: KC TotJis (Shall be the stain point of contact for Mohave Pwcurement/Contract Specialist. Shall be responsible for handbrr-q informiabon requests hom the !Mohave spe[ialists.) Title President Email address kc®riddlepaint na.com Phone number 602-317-5088 Fax 602-266-8470 Accounting contact: Jennifer Neumann (Shall be the main point of contact for Mohave Accounting Manager,) Tide Cann ollei .Email address -a Phone number 502-277-3461 Fax 602-266-8470 Open Order Report/Status Report contact,: KC Totlls (Shall be the main point of contact regarding open orderer J Tide PiesidentEmail address KC0tjddlej2aintjng.com Phone number 602.-317-50881 Fax 602-266-8470 Audit contact. Jennifer Neumann (Shall be the main point of contact for Afohave Audit Speciali5ts.J Title Controller Email address Jennifert-ariddlepaintinp.corn Phone number 602-277-3161 Fax 642-266-8470 Reconciliation contact: Jennifer Neumann (Shall be the main point of contact for the reconciliation report for Mohave Audit Sppecialrsts.) Title Controller Email address Jennifer riddle ap inting.cam Phone number 602-277-3461 Fax 602-266-8470 Escalation contact: KC Totlis (Shall be the main point of contact when an issue need's to be escalated above the main contact and%r contract administrator for the 6id/conbact This contact ,shall be a different individual than those named for the contacts listed above.) Tide President Email address KC®riddleoaintinat.com Phone number 602-317-5088 'Fax 602-266-8470 9. Payment remittance address. 5922 N. Black Canyon_Highway Attn; Jennifer Neumann City Phoenix State AZ Zip 85017 Telephone (invoice questions) 602-277-3461 Evaluation Requirements — Primary Contract Documents Provide the requested c usbonier support infomhation for warranty and nnainteronce service offered by your fimy_aapplicable. X Yes,the following is applicable to our offer. (If yes, please provide the information below.) []No, the following is not applicable to our offer. Do you provide warranty and maintenance for the items in the bid? X Yes p No If not, how do members obtain warranty and maintenance service? Provide the name and address of the facility that will provide warranty and maintenance service, under an awarded contract. Additionally, provide a contact person and phone number for warranty and maintenance service. If there is more than one facility, provide the names and addresses for all facilities. Attach a list if necessary, If there is a performance issue with the -prod d or application, we will brigg It up to standard. Negligence, amuse, or acts of God are not included. Members will contact Jerry Bowers 602-430-4521, 5922 N, f3iack Canyon Hiallway. Phoenix, A7 8501.7 Do you provide technical assistance via phone? ❑Yes X No If yes, provide a phone number and contact, We have over 40 employees available to serve warranty work. What is your service response time for metropolitan areas (e.g., Phoenix, Tucson) and rural areas? Please allow 2448 hours to respond to service. Describe the steps a member should take to activate a warranty; if any. Members will conLac' jerij Bowers 602-430-4521 5922 N. Black Canyon Highway, Phoenix AZ 85017 Do you offer extended warranty or maintenance service plans? ❑Yes X No If yes, provide a summary of the plans here and/or copies of the plans after this page. Include pricing for extended warranty or maintenance service plans in your price schedule. (Tab 3a.) Place any supplemental end-user agreements forms, which include terms and conditions and/or member signature after Tab 4b. Will members be required to sign any supplemental end-user agreements (sales)? Oyes X No If yes, review/revise your agreement(s) for any terms that conflict with the Mohave terms and conditions. In addition, review for the fallowing common issues: Acceptable agreements shall Include: o Non -appropriations clause; o Contract or agreement must be governed by the laws of the, State of Arizona; o Net payment is thirty (30) days. Agreements shall not include: o Terms beyond one year; o. Waiver of right for a jury trial; o Requirement of upfront payment by member when purchase order is placed; 0 Entire agreement language; o Auto -renewal language. Attach your reviewed/revised agreement(s). Unacceptable agreement(s) may render your bid nonresponsive. EXHIBIT B TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND MICHAEL L. RIDDLE PAINTING, INC., D/B/A RIDDLE PAINTING & COATINGS [Quotation] See following page. 3066178.1 RIDDLE PAINTING & COATINGS, CO. 5922 N. Black Canyon Hwy. Phoenix, AZ. 85017 Phone: (602) 277-3461 Fax: (602) 266-8470 Prepared by: Eddie Srna MOHAVE CONTRACT: 15E -Riddle -0403 MOHAVE BID ATTN: Raymond Rees Phone: 602.721.3325 Date: 08/14/17 Fax/ E-mail: rrees@fh.az.eov Town of Fountain Hills Community Center/Museum/Library 12901 N La Mintana Dr. Fountain Hills Az. 85268 Proiect: Exterior/Windows/Light Poles/Parkes opies/Sight Walls Unit Price: Line # Product Sub Straieht Coats B&R Sorav Sof. / Lf. Total 4-603/05 PERMA-CRETE Stucco 2 1 4 $0.42 123029 $51,672.18 98-100/01 AQUAPON WB S/G EPDXY-COMP B Par -Pits 2 $0.81 21350 $17,293.50 60' Gas 60' Gas Boom Other 1 $4,592.301 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 ADDITIONAL PRICING t L.F. PWL Light Stucco 1 $0.05 144379 $7,218.95 MD 1 Prime Both sides Door &Frame Doors &Frames 1 $40.00 57 $2,280.00 MD1DTM Both Sides Door &Frame Doors &Frames 2 $80.00 75 $6,000.00 STEN 1 Alphadtic Uretl 1" to 10" Letters 2 $12.50 55 $687.50 PB 1DTM Pipe Bollards Pipe Bollards 2 $50.00 11 $550.00 WIF 6 DTM 6' High Gates 2 $7.00 76 $532.00 OD 1 DTM 10X10 Roll up Doors 2 $175.00 3 $525.00 HMW 3 Prime 1'x3' Window Frames 2 $12.50 12 $150.00 HMW 3 DTM 1'x3' Window Frames 2 $18.00 12 $216.00 HMW 11 Prime 2'x2' Window Frames 2 $12.50 184 $2,300.00 HMW 11DTM 2'x2' Window Frames 2 $25.00 184 $4,600.00 HMW 12 Prime 2'x3' Window Frames 2 $16.00 138 $2,208.00 HMW 12 DTM 2'x3' Window Frames 2 $32.00 138 $4,416.00 HMW 13 Prime 2'x4' Window Frames 2 $19.00 132 $2,508.00 HMW 13 DTM 2'x4' Window Frames 2 $38.00 132 $5,016.00 HMW 15 Prime 2'x6' Window Frames 2 $25.00 22 $550.00 HMW 15 DTM 2'x6' Window Frames 2 $50.00 22 $1,100.00 HMW 20 Prime 3'x3' Window Frames 2 $19.00 12 $228.00 HMW 20 DTM 3'x3' Window Frames 2 $38.00 12 $456.00 HMW 24 Prime 3'x7' Window Frames 2 $31.50 12 $378.00 HMW 24 DTM 3'x7' Window Frames 2 $63.00 12 $756.00 HMW 28 Prime 4'x4' Window Frames 2 $25.50 38 $969.00 HMW 28 DTM 4'x4' Window Frames 2 $51.00 38 $1,938.00 HMW 31 Prime 4'x7' Window Frames 2 $49.00 19 $931.00 HMW 31 DTM 4'x7' Window Frames 2 $69.00 19 $1,311.00 CP 1 Prime Canopy Poles Per LF. Canopies 2 $2.00 2345 $4,690.00 CP 1 DTM Canopy Poles Per LF. Canopies 2 $4.00 2345 $9,380.00 SIB 1 Prime Steal I -Beams Light Poles 2 $2.50 1335 $3,337.50 SIB 1 DTM Steal I -Beams Light Poles 2 $5.00 1335 $6,675.00 $0.00 $0.00 $0.00 Men Days State Rate Total Foreman ILodging I I 1 1001 $0.00 Foreman IMI&E I 1 1 44 $0.00 nav Wank Mnnth Unit Prira Tntal 85' Gas 85' Gas Boom Man Lift 1 4 $8,861.00 $35,444.00 40' Elect 40'Electric Boom Scissor Lift 1 3 $2,733.35 $8,200.05 60' Gas 60' Gas Boom Other 1 $4,592.301 $4,592.30 Prepared By: Eddie Serna * Bonds are optional. Performance and Payment bonds are available upon request and are charged to the member. Taxable Amount $189,108.98 Sales Tax 0.00% $0.00 Subtotal $189,108.98 Bond* 2.55% $0.00 Contingency Monies $0.00 Project Total $189,108.98 TOWN OF FOUNTAIN HILLS 4 Z TOWN COUNCIL rAGENDA ACTION FORINT 17//t� 7), hat is A Meeting Date: 1013l2017 Meeting Type: Regular Session Agenda Type; Regular Submitting Department: Community Services Staff Contact Information: Rachael Goodwin, 480 815-5135, rgoodwin@fh.az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF awarding CONTRACT (C2018-056) to Christmas Light Decorators for the Town's holiday lights, in an amount not to exceed $50,000.00 annually, with four one-year renewal options for an aggregate of $250,000.00; and authorizing a BUDGET TRANSFER front the General Government Contingency Fund to the Downtown Strategy bund, in the amount of $19,550. Applicant: Applicant Contact Information:. Owner: Owner Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: Staff Summary (background): The annual lighting of the Avenue for the holiday season is a Fountain Hills tradition. Our existing contract for lighting services was bid in 2012 and expired in August, 2017. Staff rebid this project as a Request For Proposal to allow decorators to reimage the look and feel of the seasonal lighting. Direction was given to include palm tree wrapping, roof line lighting for municipal buildings, refurbishment of a portion of the holiday ground displays, and the addition of a Christmas tree. Four proposals were received and reviewed. Staff recommends contracting with Christmas Light Decorators. Their concept for the avenue lighting includes traditional tree wrapping along the eooridor and use of 30 exististing, Town -owned ground display items. In addition, greenery displays, lighted ramadas, lighted caricatures, a walkthrough display and a 24ft Christmas tree will be added to the display. The proposal received from Christmas Light Decorators offers a wide range of decor and displays. The Town budgeted $30,350 for this contract; however due to the redevelopment of the Avenue and the increased number and size of trees, as well as general economy increases, this budget does not fund the minimum staff recommendations for holiday lighting. In order to maintain the standard holiday lighting expectations along the avenue, staff recommends an increased minimum budget of $50,000 annually. The funding difference is proposed to be supplemented through the General Government Contigency Fund. If approved, staff will finalize the Performance Services Agreement and the Town Manager will execute the holiday lighting contract. Risk Analysis (options or alternatives with implications): Reduced funding will reduce the scope of the holiday lighting display along the Avenue of the Fountains. Fiscal Impact (initial and ongoing costs; budget status): $50,000.00 annually, with four one-year renewal options for an aggregate of $250,000.00 Page 1 of 2 Budget Reference (page number): Funding Source: Multiple Funds If Multiple Funds utilized, list here: General Fund and Downtown Fund Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): Mone Staff Recommendation(s): Staff recommends accepting the proposal for holiday lighting. List Attachment(s): Price Sheet, original proposal, budget tranfer form SUGGESTED MOTION (tor council use): Move to award the Holiday Lighting contract to Christmas Light Decorators and authorize a BUDGET TRANSFER from the General Government Contingency Fund to the Downtown Strategy Fund in the amount of $19,654. Prepared by: NA 1 17 Director's Approvaf~' Rachael Goodvvi o rPtun ty Services Director 9/20126-17 Ap od: rally Muller, Town Ma er 911912017 Page 2 of 2 05/20/2017 13:53 TOWN OF FOUNTAIN HILLSF I BBogdan BUDGET AMFMMENTS JOURNAL ENTRY PROOF lbgamdent LN ORG OBJECT PROJ ORG DESCRIPTION ACCOUNT DESCRIPTION PREV BUDGET AMENDED ACCOUNT LINE DESCRIPTION EFF DATE BUDGET CHANGE BUD -GET ERR YEAR -PER JOURNAL EFF -DATE REF I REF 2 SRC JNL-DESC ENTITY AMEND 2018 03 46 09/20/2017 HOLIDAY BUA LIGHTS I a I GENAD 7010 GENERAL GOVERNMENT ADMIN CONTINGENCY 1,094,634.64 -19,650.00 1,074,9B4.64 JOG-10-15-110-100-0106-7DIG- HOLIDAY LIGHTING INCREASE -BID 09/20/2017 2 DDAD 15417 DOWNTOWN DEVELOP -ADMIN HOLIDAY LIGHTING 30,350.00 19,650.00 50,000.00 3tO-10-10-107-10G-0206-6427- HOLIDAY LIGHTING INCREASE -BID 09/20/2017 ** JOURNAL TOTAL 0.00 z APPROVED: MAYOR DATE: 69/20/2017 13:53 TOWN OF FOUNTAIN HILLS BEogdan BUDGET AMENDMENT JOURNAL ENTRY PROOF CLERK: BSogdan YEAR PER SRC ACCOUNT EFF DATE 3NIL DSSC REF 1 REF 2 2€718 3 48 BUA GENAD-7010 09/2012017 LIGHTS HOLIDAY BUA. DD.AD-6417 09/20/2017 LIGHTS HOLIDAY ACCOUNT DSSC T OB REF 3. LINE DSSC CONTINGENCY 5 T HOLIDAY LIGHTING INCREASE -SID HOLIDAY LIGHTING 5 T HOLIDAY LIGHTING INCREASE -BED JOURNAL 2018/43/48 TOTAL n 2 bgamdent DEBIT CREDIT 19,650.04 19,650.06 06 .60 Proposal Provided by: Christmas Light Decorators Sales Rep: PO Box 21141, Mesa, AZ 85277 Gary Ludlow (480) 967.1122 PH. 1 (480) 967-1120 FX. www.christmaslightdecorators.com I sales@cldaz.com Date: 0911912017 Project Name: City of Fountain Hills Project Address: 16566 - 16878 E. Ave of the Fountains Customer Contact Name & Phone: Rachael Goodwin, 480-816-5135 Customer Email: rgoodwin@fh.aa.gov Billing Address: 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268 Quantity Price Description Total South Median at La Montana Dr. & Avenue of Fountains 2 $ 162.00 LWDecorated Holiday Garland - Classic Decor Package $ 324.00 6 $ 34.30 18" Red Canvas Bows $ 205.84 Lease/Install/Remove: Fully decorated and lit Classic. Decor garland swaged $ 6.01 sales tax across top of metal fence structures near North and South Entrances to fountain area. Bows placed at peak of garland swag - 2 $ 157.50 3' Sprays - Classic Decor Package $ 315,04 Lease/install/Remove: Fully lit & Classic Decor 3' sprays hung on stonelmetG $ 3.57 sates tax columns at North and South Entrances to fountain area. Fountain Across street from Chen's Garden 2 $ 162.04 Lit/Decorated Holiday Garland - Classic Decor Package $ 324.00 6 $ 34.30 18" Red Canvas Bows $ 205.80 Lease/Install/Remove: Fully decorated and lit Classic Decor garland swaged $ 6.01 sales tax across top of metal fence structures near North and South Entrances to fountain area. Bows placed at peak of garland swag. 4 $ 157.50 3' Sprays - Classic Decor Package $ 630.00 LeaselfnstalllRemove: Fully lit & Classic Decor 3' sprays hung on stonelmet� $ 7.14 sales tax columns at North and South Entrances to fountain area. North Fountain at Verde River Dr. & Avenue of Fountains 2 $ 162.00 Lit/Decorated Holiday Garland - Classic Decor Package $ 324.00 6 $ 34.30 18" Red Canvas Bows $ 205.80 LeasellnstalllRemove: Fully decorated and lit Classic Decor garland swaged $ 6.01 sales tax across top of metal fence structures at entrance to fountain area. Bows placed at peaks of garland swag. 2 $ 157.50 3' Sprays - Classic Decor Package $ 315.00 LeasellnstalllRemove: Fully lit & Classic Decor 3' sprays hung on stonelmetr $ 3.57 sales tax columns at Entrance to fountain area. Page 1 of 4 U1��� Proposal Provided by: Christmas Light Decorators Sales Rep: C' PG Box 21141, Mesa, AZ 85277 Gary Ludlow U (480) 967-1122 PH. 1 (480) 967-1120 FX. www.christmaslightdecorators.com I sales@cldaz.com Date: Q� 09/1912017 �ORp. Project Name: City of Fountain Hills Quantity Price Description Total South Fountain at Verde River Dr. & Avenue of Fountains 2 $ 162.04 Lit/Decorated Holiday Garland - Classic Decor Package $ 324.00 6 $ 34.30 18" Red Canvas Bows $ 205.80 LeasellnstalllRemove: Fully decorated and lit Classic Decor garland swaged $ 6.01 sales tax across top of metal fence structures at entrance to fountain area. Bows placed at peaks of garland swag. 2 $ 157.50 3' Sprays - Classic Decor Package $ 315.00 LeasellnstalllRemove: Fully lit & Classic Decor 3' sprays hung on stonelmete $ 3.57 sales tax columns at Entrance to fountain area. 1 $ 390.00 Baby Polar Bear $ 390.00 2 $ 1,132.50 Large Parent(s) Polar Bears $ 2,265.00 Lease/install/Remove: Polar bears next to stone bench $ 30.11 sales tax Fountain near Sofrita 1 $ 5,500.00 16ft. Walk-Thru Gift Box Arch (Goldwin Gate 500) $ 5,500.00 Lease/Install/Remove: 16ft. Walk-thru Arch with LED lights $ 62.37 sales tax 2 $ 162.00 LitlDecorated Holiday Garland - Classic Decor Package $ 324.00 6 $ 34.30 18" Red Canvas Bows $ 205.80 LeasellnstalllRemove: Fully decorated and lit Classic Decor garland swaged $ 6.01 sales tax across top of metal fence structures at entrance to fountain area. Bows placed at peaks of garland swag. 4 $ 157.50 3' Sprays - Classic Decor Package $ 630.00 LeasellnstalllRemove: Fully lit & Classic Decor T sprays hung on stonelmet� $ 7.14 sales tax columns at Entrance to fountain area. Fountain at Saguaro Blvd. & Avenue of Fountains 1 $ 6,200.00 24ft. Holiday Tree - Classic Decor Package (20' tree, 4' topper) $ 6,200.00 LeasellnstalllRemove: 2011. Holiday tree installed on top of highest Fountain. $ 70.31 sales tax CLD will build and provide custom base 2 $ 152.00 LitlDecorated 9' Holiday Garland - Classic Decor Package $ 324.00 6 $ 34.30 18" Red Canvas Bows $ 205.80 Lease/install/Remove: Fully decorated and lit Classic decor garland swaged $ 6.01 sales tax across top of metal fence structures at entrance to fountain area, Sows placed at peaks of garland swag. Page 2 of 4 U.4— - Proposal Provided by: Christmas Light Decorators Sales Rep: PO Box 21141, Mesa, AZ 85277 Gary Ludlow (480) 967-1122 PH. 1 (480) 967-1120 FX.www.christmaslightdecorators.com I sales@cldaz.com Date: 09119/2017 Project Name: City of Fountain Hills Quantity Price Description Total 2 $ 157.50 3' Sprays - Classic Decor Package $ 315.00 LeasellnstallfRemove: Fully lit & Classic Decor 3' sprays hung on stonelmetE $ 3.57 sales tax columns at Entrance to fountain area. Avenue of the Fountains - General 30 $ 275.00 Installation of 2D Wire Frame Ground Displays $ 8,250.00 Install/Remove 8 $ 181.64 Ramada Shade Structure C-7 LED Warm White Lighting (70.2') $ 1,453.12 LeasellnstallfRemove: C-7 LED warm white lighting to edge of ramada $ 16.48 sales tax shade structures in fountain area. 8 $ 145.00 Ramada Shade Structure Light Spheres - LED Warm White $ 1,160.00 Leas ell nstalllRemove: LED warm white spheres attached to the high $ 13.15 sales tax points of ramada shade structures. 33 $ 235.00 Tree Lighting - Palms $ 7,755.00 LeasellnstallfRemove: LED warm white mini lights installed on palm trees $ 87.94 sales tax 5 $ 835.00 Tree Lighting - Large Trees $ 4,175.00 LeasellnstallfRemove: LED mini lights installed on trunk and branches of tret $ 47.34 sales tax Appx 30-40 strands per tree 10 $ 315.00 Tree Lighting - Medium Trees $ 3,150.00 Lease/Install/Remove: LED mini lights installed on trunk and branches of tref $ 35.72 sales tax Appx 15-30 strands per tree 5 $ 405.00 Cluster Lights - Medium Trees $ 2,025.00 Lease/Install/Remove: LED cluster lights installed throughout canopy $ 22.96 sales tax Appx 20-25 strands per tree 14 $ 115.00 Tree Lighting - Small Trees $ 1,610.00 LeasellnstallfRemove: LED mini lights installed on trunk and branches of tret $ 18,26 sales tax Appx 6-10 strands per tree Town Hall Building 1 $ 1,423.13 2 Town Hall Lighting - Purple bulbs only $ 1,423.13 LeasefinstalllRemove light line $ 16.14 sales tax Purple bulbs provided by Town of Fountain Hills Available for lighting as of Oct. 1, 2017 thru Oct. 31, 2017 1 $ (1,540.46) One time credit to maintain 2017 budget $ (1,540.46) Estimate Total: $ 50,000,00 Fuge 3 of 4 Proposal Provided by: Christmas Light Decorators Sales Rep: PO Box 21141, Mesa, AZ 85277 Gary Ludlow (480) 987.1122 PH. 1 (480) 967.1120 FX. www.christmaslightdecorators.com I sales@cldaz.com Date- C� ,0 V �0 09/1912017 Signature of Authorized Agent at Christmas Light Decorators; Gary Ludlow, VP Sales, September 19, 2017 NOTES: Proposed Pricing Is Good For 45 Days From Dake Of Proposal - Items above are examples and the quantities may be adjusted up or down as desired. - All Items Proposed Are Subject To Availability. , -- 50% Deposit Is Due Within 30 Days of Approved Proposal To Lock In Your Installation Date. -- Leasing Includes Installation, Maintenance Throughout The Holidays, and Removal at End of Season. -- Proposal Assumes Adequate Power For Lighted Items. -- Power Availability is The Responsibility of The Customer. -- Christmas Light Decorators is not responsible for damage or repairs needed due to vandalism or landscaping. If Proposal Is Approved Please Sign Below and Email Signed Approval To: approvals@cldaz.com Authorized Signature and Title: Page 4 of 4 Date: COPY of ORIGINAL Town of Fountain Hills "Holiday Lighting and Ground Displays" Response to RFP Solicitation CS 2018-03 Proposal created by Christmas Light Decorators !VP Sal6'sSeptember 5, 2017 arc Firm Experience & Qualifications ^ <IN U Christmas Light Decorators (CLD) is the premier commercial holiday Fighting and decorating company in Arizona and one of the largest in the Southwest. Since our founding in 1989 we have increased our knowledge, capability, and expertise to be- come an industry leader. Last year we employed a peak workforce of more than 75 people during the holiday season and decorated over 13 municipalities in Arizona and over 340 com- mercial locations of varying size and complexity; all without missing a deadline. Cour combined expertise consists of coordination of major installations, project management and scheduling, warehouse management, product design, development and sourcing, RGB programming, graphics design along with many other skills that are valuable assets for the holiday event in- dustry. Each year we travel to Europe and China and partner with manufacturers creating the new- est and most exciting holiday decorations and lighting elements. We work with these suppliers to design, test and then directly import these products so we are the first to bring them to mar- ket. These relationships allow us to provide not only traditional holiday elements but also very unique, new; and custom d6cor and lighting elements found nowhere else in the world. The combination of our resources and industry experience allows us to be agile and competitive in both the design and delivery of the greatest holiday experiences for our clients, With ongoing market research and product development we are setting the stage for the holiday event in- dustry now and in the future. The Town of Fountain Hills, nestled in the natural beauty of the surrounding landscape and complimented by the spirit of its citizens, creates a perfect opportunity to create an exciting and memorable holiday experience year -after -year. Already recognized as "a welcome oasis on the outskirts of a metropolis," our expertise and creativity combined with your vision will help make the Town of Fountain Hills an attraction people will journey to see while using social media to invite family and friends so they too can share in the joy and delight of the season. The successful meeting of deadlines and exceeding your citizens' expectations is critical. With 28 years in the industry, we know how to overcome the challenges involved in complex projects enabling us to meet and exceed expectations. Making the Avenue of Fountains a destination is the goal and working together with CLD will help make the "Stroll in the Glow" priceless for all who visit! Point of Contact at Christmas Light Decorators Gary Ludlow Office: 480-967-1122 Mobile: 480-235-1300 (call or text) Email: gary.ludlow@cldaz.com Firm Clients Experience with major projects 1. Glendale Glitters (since 2000 -present) We have provided lighting for Glendale for the last 17 years. Glendale put their program out to bid for a five year period beginning holiday season 2016-2017 and CLD won the contract again. We have seen the program grow from just Murphy Park to include the main roads downtown and Catlin Court. We are continually updating the appearance and design to keep the look fresh and captivating. In 2014, we converted the entire program to all LED lights. The Glendale Glitters project boasts more than 1.5 million lights. 2. City of Prescott (2005 -present) Prescott has decorated the historic courthouse for at least 40 years. It has become a local tradi- tion for approximately 20,000 people to gather together for the annual holiday lighting program on the steps of the courthouse the first Saturday of each December. The scope of work has contin- ually increased until we now light over 100 trees around the courthouse, we not only decorate the trees, but light the historic courthouse itself, wrap 20 columns, and install an artificial tree over a fountain along with an array of other decor and lighting. 3. Ahwatukee Festival of Lights (2007 -present) We provide a two-mile long display that has exceeded their expectations and reduced power consumption by 33%. We are responsible for all areas of the installation of lights on desert trees on eight medians throughout the Ahwatukee Foothills area. Trees are illuminated in all LED clus- ters and trunk wraps. There are approximately 300 desert trees, cactus, and shrubs. The total overall light count is about one million. CLD currently provides lighting and or decor for cities in Arizona including City of Phoenix City of Mesa City of Sedona City of Chandler City of Glendale City of Prescott City of Scottsdale Town of Tempe City of Sahuarita Town of Show Low Town of Peoria City of Surprise City of Queen Creek Ahwatukee, Urban Village A subset list of current commercial customers includes: Tanger Cutlets Arrowhead Mall Happy Valley Marketplace Metro Center Mall Scottsdale Quarter Westgate American Express Westin Kierland Kierland Commons Cityscape Talking Stick Resort ---Casino Arizona Montelucia Resort & Spa Firm References Heidi Barriga, City of Glendale phone: 623-930-3063 email: hbarriga@glendaleaz.com • Type of Service: Lighting and decor with event support • Contract Start: 2415 • Contract Stop: 2419 Karen Churchard, City of Scottsdale phone: 480-312-2394 email- kchurchard@Scottsdaleaz.gov • Type of Service: Lighting and decor with event support • Contract Start. 2017 • Contract Stop: 2022 Adam Jones, downtown Tempe phone: 480-355-6070 email: adam@downtowntempe.com • Type of Service: Lighting and decor with event support • Contract Start: 2015 • Contract Stop: 2020 I '"" Firm Locations and Resources Z00R A,10/ Christmas Light Decorators Warehouse, Fleet and Equipment MAIN OFFICE LOCATION: 8831 E Apache Trail, STE 1 A Mesa, AZ 85207 480-967-1122 Phone 480-967-1120 Fax sakes@cldaz.com Web Address: christmaslightdecorators.com WAREHOUSE LOCATION: 5215 E SUGARLOAF CIRCLE MESA, AZ 85215 Our warehouse is located 20 minutes from downtown Fountain Hills. 40,000 Ft of Climate controlled warehouse space for storage of holiday decor. All leased and city owned items may be stared at this location for the duration of the contract. TRUCKS/LIFTS uantit Description 11 45 -foot Bucket Trucks 6 Pickup Ladder Trucks 3 Trailers 4 24 -foot Box Trucks with loading gates Various 60 to 110 foot lifts Status Own Own Own Lease Lease CLD will not be using any subcontracted labor so that we can control both the schedule and quality of the project management. M Project Approach In the design of the lighting in each individual area, we drew upon our recent business trips around the world to capture the best elements available in the holiday event decorating market. just this year we have visited manufacturers in various European countries, China, and Mexico to see their quality firsthand and ensure that we are able to provide the best products in the world for the best pricing. We used our creative license and our extensive resources in the holiday decor market to develop unique designs for each of the six plazas, as well as the areas along the path between the pla- zas, to both capture the imagination and stimulate the emotion of those who pass along the Avenue of Fountains as they Stroll in the Glow. The most important trend to follow in the event and holiday decor industry is interactivity. We have focused our decor and lighting in 3 areas, ambient lighting, visually stimulating displays that accent the local architecture and proprietary "selfie stations" that draw crowds with cell phones ready to market the highlights of the holidays on their social media accounts. One of our clients expe- rienced the amazing social media attention of 50,000+ posts due to the addition of just one of these elements within their program. Due to the constraints of the contract specifications, we have focused our attention on the key ele- ments we feel would build a base for future events and design development, but have also included a additional suggested items in each section of elements that would attract the attention of excited hol- iday event attendees with an eye towards spurring the local Fountain Hills economy by drawing me- dia attention through both traditional and social networks. We are the exclusive distributors in the United States for a number of the items along with hundreds of other elements which are available for purchase or lease. Have you ever seen your work associates turn giddy? We encourage team members, and any council members who may be interested, to come to our offices in North Mesa where it is Christmas all year! Our offices include a conference room with wreaths, garland, and sprays decorated with sample ornament packages and lights. The adjacent product showroom shows off additional items form our catalog and we often have larger elements staged in our on-site attached warehouse, Come and appreciate the visual scope and emotional impact of these life-size items. Each year multiple mu- nicipalities re -visit us to catch a live glimpse of any new and exciting items they can add or swap within their lease. Either way, we feel that it would be beneficial to bring our team in for a presentation to discuss the possibilities of the program in further detail. Project Approach: Outline Below is an aerial view of Avenue of the Fountains where those visiting the Stroll in the Glow are anticipated to begin their experience at plaza one and proceed on through to plaza six. The vision is to progress from plaza to plaza with visual pleasure and then to slow and maybe spend time at each plaza to take pictures, portraits, and selfies while socializing with others. In some plazas, there will even be opportunity to interact with some of the decor? The themes for the plazas are outlined as follows: 1 j Welcome sign of Seasons Greetings with a gentle family of lit deer amid the desert foliage 2) Ornament Stack with an interactive photo Ornament booth, overhead lighting 3) Polar Cap with Candy Canes accompanied by lit Polar Bears and Penguins 4) Big Ornament with friendly Topiary Reindeer Greeters for additional photo opportunities 5) Santa's Plaza is the next -to -last stop expansive and filled with decor to delight including full - height nutcrackers, a walk-thru ornament, Santa's Sleigh, Selfie Pods, and, for the night of nights, Santa's Chair 6) The Tree of Trees stands at the top fountain sharing it's nurturing waters to the fountains be- low, accompanied by additional nutcracker soldiers and large wrapped presents with bows on top causing anticipation as the season progresses. Between these plazas are an assortment of existing wire frame ground displays (courtesy of the Town of Fountain Hills), lit trees, decorated canopies over seating areas, and other decor to main- tain the enthusiasm and holiday spirit as visitors pass Stroll in the Glow down the Avenue. Project Approach: Entrance at Plaza 1 The Stroll in the Glow begins at the West -most Plaza with a "Seasons Greetings" complimented with a fami- ly of lighted deer. As visitors begin their stroll, they will witness beautiful lighted sprays on the columns and garland with bows on the adjacent walls OM Canopy areas also receive a treat- ment of warm white lights allowing visitors to stop, rest, and chat in the festive ambiance. Project Approach: Plaza 2 ��� U As visitors stroll from plaza to plaza, they are treated to an assortment of ground C� .4 A�© elements including the 2D wire frame displays provided by the Town of Fountain Hills (see examples below). These are a warm reminder of the holiday heritage of the town residents and are a joy for children who can quickly identify each of the depicted scenes. These lower ground displays are surrounded by smaller and larger lighted trees with colorful trunks and lighted branches; some including light clusters within the tree's canopy (note: the picture at right provided in the ,AFP is from CLD's lighting of Fountain Hills clear back in 2004). As visitors enter the first plaza, they are _jreeted by a beautiful stack of ornaments highlighted by the fountain lights below and the overhead lighting above. The plaza in- cludes overhead lighting for all areas and the first themed selfie opportunity; a sit-in orna- ment! (right and below) Our sit-in ornament has a bench seat and is a beautiful compliment to the ornament stack. At a recent expo we attended in Dallas, this sit-in ornament was an attendee fa- _a_vorite with selfie and group photos taken 1 by almost every passer-by. during the ex- po, a local TX city (Grapevine) purchased this ornament right from our booth to use in their 2017 display. Project Approach; Plaza 3 U -.4 In various other areas adjacent to the Stroll in ��� �0 the Glow, additional ground display elements are used to create a sense of wonder. Above is a tunnel of lights and to the left is a regal family of deer. At the next plaza, just West of Verde River Drive, is the Polar Cap that will entertain both the young and those that bring them! The plaza is complete with Candy Canes in the fountain, lighted/glowing Penguins, and lighted/glowing Polar Bears. All areas of this plaza are great for pictures. Children can touch the penguins and polar bears and both are great for selfie opportunities. There is also a sample lighted reindeer pole decoration in the background representing an optional treatment for all light poles. Other lighted designs are available to mix and match down the Ave. Project Approach: Plazas 4 and 5 Crossing over to the East side of Verde River Drive is an elegant plaza with a seven foot tall ornament that will catch the eye of walkers and drivers alike! It is watched over by two Topiary Deer Greeters with Red Jackets provid- ing yet another photo op- portunity visitors will interact with and enjoy! Between this plaza and the final two plazas, the Menorah and Star of David will be placed in their traditional locations. The stroll continues to the next interactive photo -op experience of Santa's Plaza! This plaza in- cludes two six foot Nutcracker sentinels welcoming visitors into the magical place that includes Selfie Pods of a Snowman and a Gingerbread man (other options available), a giant lighted Walk - thru Ornament between the two rectangular fountains leading to the Santa experience, a full size Santa Sleigh which can be used for Santa and left all season long for family photo ops, along with space for an optional Santa Chair (in addition to Two more Nutcrackers stand tall at the East side Room is also available for plazas (tbd by the Project Approach: Plaza 6 After visiting Santa's Plaza, the stroll leads visitors to the culminating plaza guarded by two seven - and -a -half foot Nutcracker sentinels watching over a grand twenty foot tall tree fully lighted and decorated in the splendor of the season. At the foot of the towering tree are giant gift boxes that will awe children of all ages (yes, even us older children) and inspire thoughts of what Santa could pos- sibly fit under their beautiful wrapping and bows! Project Approach: Ave. Pole Banners iM We have the ability to print fully customized digital banners for our clients. Above is an example of banners we helped design for the City of Phoenix, which include a company's logo printed at the bottom. These banners were sponsored by businesses along Central Ave., requiring no extra cost for the City. This is just one example of how Cities benefit from partnering with our company, using our vast base of knowledge and experience. Pricing depends on banner size and design selected. Project Schedule: Timeline I. Contract Award Date ................................................... October 3, 2017 11. Tree Installation Date ............................ on or before October 27, 2017 111. Decor Preparations ............................. October 4—November 15, 2017 IV. Display Installation .............................on or before November 29, 2017 V. Pre -Ceremony Checks .................... Morning /Day of December 2, 2017 VI. Avenue Lighting Ceremony Support.........................December 2, 2017 VII. Maintenance .............................................. throughout holiday season (between the start and end dates of the holiday lighting) VIII. Removal of lights and decor .................. on or before January 11, 2015 (or as otherwise directed or approved by Town, in its sole discretion) Appendix 0 ' O,0 Item................................................................................................................ Page Number{s} 1. Vendor Information Form..................................................................................................... 16 2. Key Staff and Certifications............................................................................................. 17-19 3. Arizona Certificate of Good Standing................................................................................... 20 4. Town of Fountain Hills Business License............................................................................. 21 Vendor Information Form TOWN OF FOUNTAIN EIILLS ('i)NINIl: t`ITY SERVICES DEPARTMENT SECTION A CS 2018-03 PAR "V 111. VENDOR INFf)Tt-M,-iTION 1=C3RIA RN srrhittittin&) a Proposal. the stthmitting Vendor certifies that it has revic%%Cd the adininistrative inl'ormation and draft ol' the Professional :Semic:es A4-reernent's terms and conditions and. il' aN arded the A,-,reement. a ryes to he bound tltcreio. Credit Management Group LLC 90-0283432 DBA: Christmas Light a corators VL` DOR S1,W01-1-1 INN PROPOSAL FFDFRA'k 1'AX II3 M. -M ER Gary Ludlow _ VP of Bales PRIM ILD NAM F. `\ND C Il I.F PQ Box 21141 .1I)l)RLSS Mesa AZ 85277 C'1TY STATF ill l_I F)RIr�CDICi�+;''1�[�C�ftf= 480-967-1122 480-9617-1120 .I V I I .PHONE FAX 4' 915117 DATI WEB SH L: christmaslightdecorators-com E-MAIL A1)DRl SS: gary.ludlow@cldaz.com SO4IALL. '01NORI VY. DISAD5? AN'I'AGED AND A'0MLN-0WNFD Iit.,SINLS EN-TERPRISES (check appropriate item(~): Small Business Lnterprisc N inoritr Business Lnterprisc (MBL) Disadvantaged Business Fnierprise (DBE) Women-ONN ned Business Enterprise 0A'BF) Has the 'Vendor been certified h\ anN jurisdiction in Arizona as a minority or woman-o%vned business enterprise" - I1' e:s. please provide devils and documentation ol'tht certification. Key Staff Doug Topham Owner Doug received a BS in Me- chanical Engineering from the University of Utah and later received an MBA from Arizona State. Doug spent 7 years as an instruc- tor pilot in the United States Air Force in Texas and Ok- lahoma. Following the Air Force, Doug worked in the Financial Services industry for 11 years including 5 years at General Electric Capital Corp. In 2003, Doug fulfilled his life-long dream of working for him- self and purchased the Christmas Light Decora- tors. Luke Del Bianco General Manager Luke has a B.S. in man- agement from Arizona State University and an MBA in Global Manage- ment from Thunderbird. Luke has extensive expe- rience in the industry hav- ing started as an installer in 2003 while going to school and working his way up to director of sales and marketing. He has been a key part of the company's rapid growth over the years spear- heading the sale and management of many large and key accounts as well as vetting suppli- ers in Asia and Europe. �� Z`(Co P19 Aaron Farrelly Sales Director Aaron was born in San Diego, California, but has lived in Arizona for most of his life. He graduated Summa Cum Laude from Arizona State University with his B.S. in Supply Chain Management, and is currently attending Thunderbird School of Global Management, where he is pursuing a global management de- gree. He is married and has two children. Aaron enjoys attending concerts and has seen bands such as Black Sabbath, The Eagles, and Radiohead. He enjoys both playing and watching sports, and is an avid road cyclist and mountain biker. Key Staff (cont.) Linda Bernal HR & Accounting Clerk Linda not only takes care of our growing staff and policy needs, she also han- dles all accounts payables and receivables for our growing company. Before going into the accounting field, Linda worked in the medical field for 12 years and also served in the U.S. Army so she brings with her an array of experience in different fields. Linda re- ceived her B.S. in Account- ing from DeVry University She is a California native who moved to the valley in 2004. On her time off, Lin- da enjoys watching foot- ball, cake decorating, and spending time with her family. Richard Plascencia Operations Manager Richard was born in Fair- field California but has lived in the Valley of the Sun since 1990. He cut his teeth learning logistics while at Loomis Armored and in 12 years worked his way up from driver to Branch Man- ager. While at Loomis he was instrumental when Loomis Armored and Wells Fargo Armored merged to form Loomis Fargo, the sec- ond biggest Armored Car Company in North Ameri- ca. With a Client first men- tality and over 25 years of logistics, dispatch and scheduling experience, Christmas Lights Decorators customers are in great hands. He is Married with four kids and enjoys camp- ing and motorcycles rides in Northern Arizona. Gary Ludlow Sales Gary has over 30 years experience in national sales. Before that, Gary stated his career working for a general contractor so he brings experience in project management and crew leadership. His atten- tion to customers needs has set hien apart as a val- ued member of our sales team Gary is blessed by a loving wife, four wonderful chil- dren and three grandchil- dren. He enjoys Volleyball, softball, ultimate frisbee, and scuba (certified as both Dive Master and Res- cue Diver) 18 MMI, %ftw Key Staff (cont.) Alec Quarnberg Project Manager Born in Las Vegas, NV Alec moved to Arizona when he was 11. He is currently studying at Mesa Commu- nity College for his gener- als, after which he will transfer over to ASU for Supply Chain Management. Alec is recently married in August, 2017. Alec loves any outdoor activities espe- cially with his wife. Alec's preferred sport is long - boarding, but he also loves snowboarding and any water sport. However, at the end of the day he loves kicking back and watching a good movie. Certification/Recognition: Lift Operator Certified Eagle Scout Bilingual (English/Spanish) Jovanni Ramirez Warehouse Manager In the warehouse industry for over 10 years, Jovanni has been in warehouse management since 2012. A large portion of his spare time is spent with his four children and wife traveling around the states. Jovanni enjoys working on classical vehicles and attending car shows all over the US. He started his journey with Christmas Light Decorators as an installer in 2015, and was able to bring his experi- ence and knowledge to help structure the warehouse. Jovanni enjoys being a Warehouse Manager at Christmas Light Decorators because 1 am a part of a great team who prides themselves on getting the job done at the highest level of quality possible." Arizona Certificate of Good Standing Office of the CORPORATION CEIPI° NUSSIO CERTIFICATE OF GOOD ST_�7}LNG To all to whom these presents shall come, greeting: 1, Ted Vogt, Executive Director of the Arizona Corporation Commission, do hereby certify that ***CREDIT_4L4KAGEME. T GROUP, LLC*** a domestic limited liability company organized under the laws of the State of Arizona, did organize on the filth day of July 1999. I further certify that according to the records of the Arizona Corporation Commission, as of the date set forth hereunder, the said limited liability company is not administratively dissolved for failure to comply with the provisions of A.R.S. section 29.601 or seq., the Arizona Limited liability Company Act; and that the said limited liability company has not fled Articles of Termination as of the dare of this certificate. This certificate relates only to the legal existence of the above named entity as of the date issued. This certificate is not to be construed as an endorsement recommendation, or notice of approval of the entity's condition or business activities and practices. 1N WITNESS WHEREOF, l have hereunto set my hand and affixed the official seal of the Arizona Corporation Commission. Done at Phoenix, the Capital, this 31st day of August 2097, A. D. Ted Vogt, Executive Directox By: 1724867 a ZOORA Q9 Town of Fountain Hills Business Licens Town of Fountain Hills New Business License Status: Submitted and Pending In the name of Credit Management Group LLC, DBA Christmas Light Decorations t. Avorvju ot the Fountain Mills. AZ 85268 (480) 816-5100 New Business License 50.00 5100 Acct/Lic#: NEW Business Name: CREDIT MANAGEMENT GRUUP LLC DBA CHRISTMAS LIGHT UE SubTotal: 50.00 Total: 50.00 Check 50.00 Number : 10686 8/31/2017 11:45 #0122953 /13/10 Receipt #: 162718 Town of Fou"ItaiFl HOIS (license submission receipt) TOWN OF FOUNTAIN HILLS TOWN COUNCIL o �� /:, , -,, , 7 q AGENDA ACTION FORM Meeting [late: 1013/2017 Meeting Type: Regular Session Agenda Type: Regular Submitting Department: Community Services Staff Contact Information: Rachael Goodwin, 480 816-5135, rgoodwin@fh.az.gov REQUEST TO COUNCIL, (Agenda Language): CONSIDERATION OF of awarding the CONTRACT to Bluecor Contracting, in the amount of $2,162,956.01, for the construction of the Adero Canyon Trailhead. Applicant: Applicant Contact Information: Owner: Owner Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: Staff Summary (background): The invitation for bid for the Adero Canyon Trailhead was released on June 7, 2017 with advertisements placed in the Fountain Hills Times and the Arizona Business Gazette as required by law. The bids were for the construction of the Trailhead with two bid alternates, one for temporary utilities and a second for an automatic gate system. Bids were received and opened on July 17, 2017. The low bidder was Blucor Contracting with an original base bid of $1,926,310.05. Total costs for base bid, owners allowances, force accounts and add alternates was $2,407,125.10. The additional bidders were Banicki Construction and SDB Contracting Services. After a panel review, line items were reviewed and negotiated by staff and commissioners to streamline the project as effectively as possible. After reductions, the total for the base bid, owners allowances, force accounts and add alternates was agreed at $2,331,307.06. The bid alternate for temporary utilities will not be undertaken as part of the trailhead, reducing the final scope to $2,162,956.01.See attached bid tab for line item details. A total of $2,285,000.00 was budgeted for this fiscal year for the project of which $1,824,599.00 came from Development Fees and $460,401.00 from CIP Funds. Currently there is an available budget of $2,164,606.46. Risk Analysis (options or alternatives with implications): Not using the Development Fees by 2020 would result in the Town forfeiting all funds. Fiscal Impact (initial and ongoing costs; budget status): It is estimated that operation costs will run between $5,000.00 - $12.,000.00 after the site is open and operational. Budget Reference (page number): 370 Funding Source: Multiple Funds It Multiple Funds utilized, list here: Development Fees and CIP Funds Page 1 of 2 Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): The McDowell Mountain Preservation Commission is in favor of accepting Blucor Contracting's bid. Staff Recommendation(s): Staff recommends accepting the bid. List Attachment(s): Signed bid and bid tab. SUGGESTED MOTION (for Council use): Move to award the CONTRACT to Bluecor Contracting in the amount of $2,162,956.01 for the construction of the Adero Canyon Trailhead. Prepared by: NA 9119/2017 Director's Approval: z ac a win, comu Services Director 9/2072017 Ap ro ed: Grady E. Miller, To n Ma gar 9/20/2017 Page 2 of 2 Blucor Contracting Inc. BID ITEM NUMBER DESCRIPTION ITEM D UNIT ESTIMATED QUANTITY UNIT COST TOTAL 1 Mobilization/Demobilization LS 1 $117,053.81 $117,053.81 2 Earthwork Cut CY 4,248 $24.20 $102,801.60 3 Earthwork Fill (less required for gablon, retaining walls, pvmt sections, & riprap) CY 11,563 $14.50 $167,663.50 4 Aggregate Base Course (From MCO Stockpile to Site) CY 540 $9.50 $5,130.00 5 Asphalt Parking Pavement SY 2,320 $24.00 $55,680.00 6 Temporary Asphalt Entry Pavement (2" AG aver Corn pacted Suborade) S Y 74 $25.00 $1,850.00 7 Colored Concrete Pavement (Road, ADA Parking, Plaza Spaces, Walkway) SF 8,415 $4.30 $36,184.50 8 Colored Concrete Pavement (Walkway) SF 5,680 $3.00 $17,040.00 Concrete Ribbon Curb LF 2,185 $17-50 $38,237.50 10 Concrete Ribbon Curb With Wheel Stop LF 101 S163.50 $6,413.50 11 ADA Truncated Domes SF 36 $167.00. $6,012.00 12 Drainage RGRCP.. Class IV (12" Pipe) LF 166 $77.00 $12,782.00 13 Drainage Headwall (Double 12" Pipe MAG 501 -1 &2: U Type) EA 1 $5,280.00 $5,280.00 14 Drainage RGRCP, Class IV (18" Pipe) LF 142 $85.00 $12.070.00 15 Drainage H eadwa I 1 (18" Pipe) EA 4 $4,555.71 $18,222.84 16 Drainage Concrete Pipe Culvert, Class IV (24,r Pipe) LF 116 $94.00 $10.904.00 17 Drainage Headwall (24" Pipe) EA 1 $5,060.00 $5,060.00 18 Drainage RGRCP, Class IV (42") LF 96 $176.00 $16,896.00 19 Drainage Headwall Inlet (42" Pipe) EA 1 $9,320-00 $9;320.00 20 Drainage Headwall Outlet (42" Pipe) EA 1 $7,000.00 $7,000.00 21 Catch Basin MAG Std Dtl 537 - Double EA 2 $2,830.00 $5,660.00' 22 Headwall Handrail LF 107 $62.00 $6,634.00 23 Headwall Trash Rack EA 4 $750.00 $3,000.00 24 Storm Drain Manhole With Reinforced Box Structure EA 1 $4,550.00 $4,550.00 25 Placed Rock Embankment LF 1,368 $30.90 $42,271.20 26 Gabion Basket Retaining Walls CY 302 $247.00 $74,594.00 27 Gabion Basket Seating Walls at Ramada With Concrete Piers And Caps LF 88 $264.00 $23,232.00 28 Dumped Riprap D50=9" CY 642 $39.00 $25,038.00 29 Dumped Riprap D50=18" CY 194 $90.00 $17,460.00 30 Rock Cut Enhancements Sculpturing SF 3,362 $2.30 $7.732.60 31 Misc Signing & Striping (includes Yellow & White 2 -Way Reflectors) LS 1 $10:800.00 $10,800.00 32 SWPPP / Erosion Control LS 1 $24,000.00 $24r009.O0 33 Connection to 8" Waterline - Install Service Saddle and Corporation Stop EA 1 $8,700.00 $8,700.00 34 Connection to 8" Waterline - Install 8" x 8" Cross (Add reduction as specified on plans) with 8" Gate Valve & Cover EA 3 $3,920.00 $11,760.00 35 2" Water Meter Assembly (All Appurtenances Without Meter) EA 1 $2,620-00 $2,620.00 36 1" Reduced Pressure Backflow Device wl Enclosure & Concrete Pad EA 1 $2,160.00 $2,160.00 37 2" Reduced Pressure Backflow Device wl Enclosure & Concrete lPad EA 1 $2,940M $2,940.00 38 2" Copper Waterline LF 75 $93.00 $6,975.00 39 6" DI Waterline LF 23 S182.00 $41186.00 40 8" 01 Waterline LF 515 $74.00 $38,110.00 41 Fire Hydrant with 6" Gate Valve & Cover EA 1 $5,610-00 $5,610.010 42 8" Plug & Curb Stop With Flushing Pipe & Nr Release Valve EA 1 S1,140.00 $1,1140.0'O 43 8" DI Sewer Pipe LF 158 5118.00 $181644.00 44 8" PVC SDR 35 Sewer Pipe LF 252 574.00 $18,648.00 45 Sewer Manholes EA 3 $4,300.00 512,900.00 46 Adjust Sewer Manhole Frame & Cover in Cul-de-sac EA 1 $1780.00 $1,780.00 47 Restroom Building Complete LS I $278,000.00 $278,000.00 48 SRP Primary Power Feed including all Materials and Labor per Power Company RequIrements LS 1 $2T200.0 TO $27,200.00 49 200 AMP Service Entrance Section including all Circuit Breakers land all Control Devices as shown on Plans EA .1 $6,400.00 6.400.00 $6,400.00 1 50 Bollard Light EA 19 $1,280.00 524,320.00 51 Ramada/Shade Structure Electrical And Lighting LS 1 $7.830.00 $7,830.00 52 Furnish and lnstall Conduit Complete and In Place including Trenching and Backfill LS 1 $17,100.00 S17.100.00 53 Furnish and Install all Conductors and Bond Wires Complete and In Place including all Splices and Terminations LS 1 $11,400.00 $11,400.00 54 Furnish and Install #3 112 Pull Box Complete and In Place EA 3 $1,200.0-0 $3,600.00 55 Salvaged Saguaro - Bare Root EA 0 $355,93 $0.001 56 Salvaged Barrel Cactus - Bare Root EA 0 $71.19 $0.00 57 Salvaged Ocotillo - Bare Root EA 0 $106.78 MOO 58 New Tree - 15" Gallon EA 9 $240.00 $2,160.00 59 New Tree - 15" Gallon EA 25 $240M $6,000.00 60 New Saguaro - 3'-6' EA 9 $1,210.00 $10,890.00 61 New Saguaro - 6'-9' EA 9 $1,779.67 516.017.03 62 New Saguaro - 9'-12' EA 12 $2,080.00 $24,960.00 63 New Barrel Cactus -12"-18" EA 29 $177.97 $5161.13 64 New Barrel Cactus -18"-36" EA 29 $24915 $7,225.35 65 New Ocotillo - 81 with 12 Canes EA 28 $32034 SM69.52 66 New Shrubs - 1 Gallon EA 63 S11.39 $717.57 6,7 New Shrubs - 5 Gallon EA 142 S17.08 $2,425.36 68 Native Seeding SF 35,533 $0,10 $3,553.30 6) 9 Salvaged Plant Nursery LS 0 $28,00100 $0.00 70 Desert Pavement SF 18,822 $4.30 $80,934.60 71 Boulder Salvage and Relocation (Size A - 2'x3') EA 163 $39M $6,357.00 72 B ou Ide r Sa I vage a n d Relc catio n (Size B - 3'x5') EA 101 $68.00 $6,868.00 73 B ou Ide r Sa I vage a n d Relocation (Size C - 4'x6') EA 64 599.001 $6,336.00 74 Boulder Salvage and Relocation (Size D - 5'x7'or >) EA 20 $160.00 $3,200.00 75 Ramada (625 SF) LS 1 $851000.00 $85,000.00 76 Exposed Aggregate Paving SF 140 $22,70 $3,178.00 77 Picnic Table (3 Standard & 1 ADA Accessible) EA 4 $3,200.00 $12,800-00 78 Individual Gabion Basket Bench wl Concrete Cap EA 4 $3,250.00 $13,000.00 79 Entry Signage LS 1 $28,600.00 $28,600.00 80 Access Control Gates to Fire Road LS 1 $4,700.00 $4,700.00 81 Main Entry Gates LS 1 $14,300.00 $14,300.00 82 Information Kiosk EA 1 $13,600.00 $13,600.00 83 Bicycle Rack EA 2 $1,230.00 $2,460.00 84 Trash Receptacles EA 5 $1,700.00 $8,500,00, 85 Bollard (Security) EA 1 $780.00 $780.00. 86 Irrigation Controller EA 1 $19,400.00 $19,400.00 87 Master Valve- 1 EA 1 5350.00 5350.00 88 Ball Valve - I" EA 1 $215.00 $215.00 89 Ball Valve - 1 1/2" EA 2 $320.00 $640.00 90 Emitter- Single -Outlet Assembly EA 321 $10.00 $3,210.00 91 Emitter- Multi -Outlet Assembly EA 32 $17.00 $544.00 92 Drip Filter& Pressure Regulator Assembly- 1 EA 23 $650.00 S14,950.00 93 Drip Remote Control Valve- 1" EA 10 $500.00 $5,000.00 94 Quick Coupler Assembly- 1 EA 5 $360.00 $1,800.00 95 Air/Vacuum Relief Valve Assembly- 1 EA 3 $2,000.00 $6:000.00 96 Pipe- Drip Lateral 3/4" Schedule 40 PVC L. -FT. 6,200 $1.00 $6,200.00 97 Pipe- Mainline & Submair 1" Schedule 40 PVC L. FT. 2,097 $1.10 $Z306.70_ 98 Pipe- Mainline 1 1/2" Schedule 40 PVC L. FT. 231 $1.80 $415,80 99 Pipe Sleeve- 4" Schedule 40 PVC L. FT, 314 $5.70, $1,789..80 100 Wire Sleeve- 1" Schedule 40 PVC L. FT. 136 $2.801 $380.80 SUBTOTAL BASE BID: $1,850,491.01 101 OWNERS ALLOWANCE: LS 1 $178,000.00 $178,000-00 TOTAL BASE BID (INCLUDING OWNERS $2,028,491.011 102 (BID ALTERNATE A) interim Utility (Total of Items Below) LS 1 $168,351.05 $168,351.05 102-A I Add: Earthwork for Water Tank Pad and Sewage Collection Tank CY 13.0 $156.00 52,028.00 102-BIJ Add: Aggregate Base for Tank Pad (From MCO Stockpile), CY 7.25 1 $145.001 $1,051.25 102-C Add: 314" Minus Decomposed Granite on Interim Roadway Surface and Surrounding Water Tank and Solar Collection Area. SF 6,380.00 51.58 $10,080.40 102-D Add., SWPPP / Erosion Control Around Tank Pad LS 1 $3,400.00 $3.400,00 102-E Add: Desert Pavement SF 5,738 54.30 $24.673.40 102-F Add: 5,000 Galion Water Tank with Locking Lid and Locking Drain Valve EA 1 $30,000.00 $30.000.00 102-G Add: 2" SCH 40 PVC Waterline With All Valves LF 364 $1.6.00 $5.824.00 102-H Add: 1 112" SCH 40 PVC Waterline with Al] Valves LF 38 536.00 $1.368.00 102-1 Add: 4" SDR -35 Sewer Pipe with Valves to Holding Tank LF 62 538.00 52,356.00 102-J Add: 5,000 Galion Pre -Cast Concrete Sewage Holding Tank with Alarm EA 1 $14,500.00 $14,500.00 102-K Add: Solar Collection and Storage System Complete LS 1 $19'150.00 S19'150.00 102-L Add: U-0" High Chain Link Fencing with Access Gate LF 140 528.00 53.920.00 102-M Add: Restroom Building Modifications LS 1 $50,000.00 $50,000.00 103 (BID ALTERNATE 13) Automatic Gate Opening and Closing System LS 1 $13,500.00 $13,500.00 TOTAL BASE BID,OWNERS ALLOWANCE, $2,210,342.061 104 Force Account Rock Blasting Allowance LS 1 370.000.00 $70,000.06 105 Force Account Rock Staining SF 3,000 $1.78 $5,340.00 106 Force Account Earthwork Fill Material CY 2,125 $15.00 $31,875.00 107 Force Account Aggregate Base Course Material CY 250 $55.00 $13,750.00 SUBTOTAL FORCE ACCOUNT ITEMS: $120,965.00. TOTAL COSTS: BASE BID, OWNERS ALLOWANCE, BID ALTERNATES, FORCE �ACCOUNT* $253315307.06 TOWN OF FOUNTAIN HILLS COMMUNffY SERVICES DEPARTMENT INVITATION FOR BIDS ADERO CANYON TRAILHEAD CONSTRUCTION Town of Fountain Hills 16705 East Avenue of the Fountains Fountain bills, Arizona 85268 SOLICITATION INFORMATION AND SCHEDULE Solicitation Number: CS2017-01 Release Date: June 7, 2017 Advertisement .Dates: June 7 and 14, 2017 — Fountain Hills Times June 8 and 15, 2017 — Arizona Business Gazette Final Date for Inquires June 29, 2017 MANDATORY June 22, 2017 Prospective Bidder's Conference: 10:00 a.m. (local time, Phoenix, Arizona) Fountain Hills Town Hall -- Council Chambers 16705 East Avenue of the Fountains Fountain Hills, Arizona 85265 Bid Deadline: July 17, 2017 10:00 a.m. (local time, Phoenix, Arizona) Bid Opening: July 17, 2017 10:00 a.m. (local time, Phoenix, Arizona) Town. Representatives: Rachael Goodwin, Woodwin&&Kaz.goov, In accordance with the Town of Fountain Pulls Procurement Code, competitive sealed Bids for the services specified herein will be received by the Town Clerk at the Town Clerk's Office at the above -referenced location until the date and time referenced above (the "Bid Deadline"). Bids received by the Bid Deadline shall be publicly opened and the Bid Price read. Bids shall be in the actual possession of the Town Clerk on, or prior to, the Bid Deadline date. Late Birds shall not be considered except as provided in the Town Procurement Cade. Bids shall be submitted in a sealed envelope with the Solicitation Number and the Bidder's name and address clearly indicated on the front of the envelope, There is no charge for the Plans and Specifications. Plans and Specifications may be Obtained at the Town of Fountain Hills website; littL):Il nr%vNv.fli.az.gov/Bids.Mpx Tlie Town of Fountain Hilh; reserves the right to amend the solicitation schedule as nec:essarv. 29791 92.2 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 OFFER The undersigned (the "Bidder") hereby offers this Bid as an offer to contract with the Town under the terms and conditions set forth below and certifies that Bidder has read, understands and agrees to fully comply with, and be contractually bound by, all terms and conditions as set forth in this Invitation For Bids ("IFB"), the Contract formed hereby (as defined below) and any amendments thereto, together with all Exhibits, Specifications, Plans and other documents included as part of this Contract (the "Contract Documents"). Town of Fountain Hills For Clarification of this Bid contact: Business License Number: 5015 Arizona Transaction (Sales) Privilege Name: Jose L. Castillo Tax License Number: 07376782 (48fl Telephone:, ) 595-8073 Federal Employer Identification Facsimile: (480) 575-0814 Number: $6-0634774 Email: j.castillo@biucor.com r ' utthorized Signature for Contractor Blucor Contracting Contractor Name 21738 Orion Way Tyler Bluth Address Printed Name Vice President Queen Creek AZ 85142 Title C'itti State Zip Code ACCEPTANCE OF OFFER AND NOTICE OF AWARD (FOR TOWN OF FOUNTAIN HILLS USE ONLY) Effective Date:/o-3 —17 Contract No. -C1 Official File: TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Grady E. Miller, Town Manager ATTEST: APPROVED AS TO FORM: Bevelyn J. Bender. Town Cleric Andrew J. McGuire, Town Attorney 2979192.2 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 ARTICLE I - DEFINITIONS For purposes of this Invitation for Bids, the following definitions shall apply: 1.1 "Bid" or "Offer" means a responsive bid or quotation submitted by a Bidder in response to this Invitation for Bids. 1.2 "Bid Deadline" means the date and time set forth on the cover of this IFB for the Town Clerk to be in actual possession of the sealed Bids. 1.3 "Bid Opening" means the date and time set forth on the cover of this Invitation for Bids for opening of sealed Bids. 1.4 "Bidder" means any person or firm submitting a competitive Bid in response to this IFB. 1.5 "Confidential Information" means that portion of a Bid, proposal, Offer, Specification or protest that contains information that the person submitting the information believes should be withheld, provided (i) such person submits a written statement advising the Town of this fact at the time of the submission and (ii) the information is so identified wherever it appears. 1.6 "Contract" means, collectively, the (i) Offer/Bid, (ii) this IFB, including all exhibits, (iii) the Notice of Award, (iv) the Notice to Proceed or Purchase Order(s), (v) any approved Addendum, Change Order or Amendment, (vi) the Contractor's Certificates of Insurance and a copy of the Declarations Page(s) of the insurance policies, (vii) the Certificate of Completion and (viii) any Plans, Specifications or other documents attached, appended or incorporated herein by reference. Alternate or optional bid items will become part of the Contract only if they are accepted by the City in writing on the Price Sheet. 1.7 "Contractor" means the individual, partnership, corporation or limited liability company who has submitted a Bid in response to this IFB and who, as a result of the competitive bidding process, is awarded a contract for Materials or Services by the Town. 1.8 "Contract Time" means the time period during which the Contractor must complete all of the Work related to the Project. 1.9 "Day(s)" means calendar day(s) unless otherwise specified. 1.10 "Engineer" means the Town Engineer or authorized designee. 1.11 "Final Completion" shall be defined as set forth in Section 3.16 and shall occur not later than 30 Days from the date of Substantial Completion unless otherwise designated by the Engineer and subject to modification by changes in the Work as provided in Section 3.14 below. 1.12 "Invitation for Bids" or "IFB" means this request by the Town for participation in the competitive bidding process according to all documents, including those attached or incorporated herein by reference, utilized for soliciting Bids for the Materials and/or Services in compliance with the Town's Procurement Code. 1.13 "MAG Specifications" means, collectively, the "Uniform Standard Specifications for Public Works Construction," current edition as of the date of Contract award and the "Uniform Standard Details for Public Works Construction," current edition as of the date of Contract award, which are sponsored and distributed by the Maricopa Association of Governments ("MAG") and any amendments or supplements adopted by the Town. 1.14 "MAG Supplement" means the most current edition of the Town of Fountain Hills Supplement to the MAG Uniform Standard Specifications and Details for Public Works Construction. 2979192.2 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 1.15 "Materials" means any personal property, including equipment, materials, replacements and supplies provided by the Contractor in conjunction with the Contract and shall include, in addition to Materials incorporated in the Project, equipment and other material used and/or consumed in the performance of the Work. 1.16 "Multiple Award" means an award of an indefinite quantity contract for one or more similar products, commodities or Services to more than one Bidder. 1.17 "Price" means the total expenditure for the defined Project, inclusive of all Materials, commodities or Services. 1.18 "Procurement Administrator" means a Town employee, as designated on the cover of this IFB, who has specifically been designated to act as a contact person to the Bidders and/or Contractor relating to their IFB. 1.19 "Procurement Agent" means the Town Manager or authorized designee. 1.20 "Procurement Code" means the Town's Procurement Code, as amended from time to time. 1.21 "Project" means the purpose and Work described as set forth in Section 2. 1, in the "Purpose/Scope of Work" of the IFB. 1.22 "Punch List" means that list of items provided by Town to Contractor at the time of Substantial Completion indicating items to be completed or corrected, including the time for completion or correction by Contractor after Substantial Completion. 1.23 "Services" means the furnishing of labor, time or effort by a Contractor, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance and as further defined in the Contract. This term does not include "professional and technical services" as defined in the Procurement Code. 1.24 "Specification" means any description of the physical characteristics, functional characteristics, or the nature of a commodity, product, supply or Services. The term may include a description of any requirements for inspecting, testing, or preparing a supply or service item for delivery. 1.25 "Subcontractor" means those persons or groups of persons having a direct contract with the Contractor to perform a portion of the Work and those who furnish Materials according to the plans and/or Specifications required by this Contract. 1.26 "Substantial Completion" shall be defined as set forth in Section 3.15 below and shall occur not later than the date set forth in the Schedule, subject to modification by changes in the Work as provided in Section 3.14 below. 1.27 "Town" means the Town of Fountain Hills, an Arizona municipal corporation. 1.28 "Town Representative" means the Town employee who has specifically been designated to act as a contact person to the Town's Procurement Administrator, and who is responsible for monitoring and overseeing the Contractor's performance under the Contract and for providing information regarding details pertaining to the Work. 1.29 "Vendor" means any firms, entities or individuals desiring to prepare a responsive Bid in response to this IFB. 1.30 "Work" means all labor, Materials and equipment incorporated or to be incorporated in the Project that are necessary to accomplish the construction required by this Contract. 2979192.2 2 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 ARTICLE II — BID PROCESS; BID AWARD 2.1 Purpose/Scope of Work. The Work included in this Project consists of the construction of the Adero Canyon trailhead, which includes, but is not limited to, the following broad categories: earthwork (cut and fill), water line, sewer line, site drainage enhancements, electrical service and distribution, lighting, installing new colored concrete driveways, asphalt parking stalls and drive aisles, concrete ADA stalls, custom restroom, custom ramada, custom steel kiosk, colored concrete plaza area, rock filled gabion basket retaining walls, rock filled gabion basket bench with concrete cap, application of desert pavement ground cover, rip rap, colored concrete sidewalks, boulder salvage and relocation and landscaping. The Town is issuing this IFB to secure a qualified General Contractor to perform the Work and provide the Materials as more particularly described in the Specifications attached hereto as Exhibit A, and incorporated herein by reference. Bidders must submit Bids encompassing the entire Project, inclusive of the related Plans and/or Construction Drawings. Failure to do so may result in a determination that the Bid is non-responsive. 2.2 Amendment of IFB. Except as set forth in Section 3.56 below, no alteration may be made to this IFB or the resultant Contract without the express, written approval of the Town in the form of an official IFB addendum or Contract amendment. Any attempt to alter this IFB/Contract without such approval is a violation of this IFB/Contract and the Town Procurement Code. Any such action is subject to the legal and contractual remedies available to the Town including, but not limited to, Contract cancellation and suspension and/or debarment of the Bidder or Contractor. 2.3 Preparation/Submission of Bid. Bidders are invited to participate in the competitive bidding process for the Project specified in this IFB. Bidders shall review their Bid submissions to ensure the following requirements are met. A. Irregular/Non-responsive Bids. The Town will consider as "irregular" or "non- responsive" and shall reject any Bid not prepared and submitted in accordance with the IFB and Specifications, or any Bid lacking sufficient information to enable the Town to make a reasonable determination of compliance with the Specifications. Unauthorized or unreasonable exceptions, conditions, limitations, or provisions shall be cause for rejection. Bids may be deemed non-responsive at any time during the evaluation process if, in the sole opinion of the Procurement Agent, any of the following are true: 1. Bidder does not meet the minimum required skill, experience or requirements to perform the Work or provide the Materials. obligations. 2. Bidder has a past record of failing to fully perform or fulfill contractual Bidder cannot demonstrate financial stability. 4. Bid submission contains false, inaccurate or misleading statements that, in the opinion of the Procurement Agent, are intended to mislead the Town in its evaluation of the Bid. B. Specification Minimums. Bidders are reminded that the Specifications in this IFB are the minimum levels required and that Bids submitted must be for products that meet or exceed the minimum level of all features specifically listed in this IFB. Bids offering less than the minimums specified will be deemed not responsive. It shall be the Bidder's responsibility to carefully examine each item listed in the Specifications. C. Required Submittal. Bidders shall provide all of the following documents to be considered a responsive Bid: 1. Complete, fully executed original of this IFB, with the Offer signed in ink by a person authorized to bind the Bidder. 2979192.2 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 2. Price Sheet. 4. Licenses; /DBE & MBE Status. References. Federal Requirements, if applicable. Acknowledgment for each Addendum received, if any. D. Bidder Responsibilities. All Bidders shall (1) examine the entire Bid package, (2) seek clarification of any item or requirement that may not be clear, (3) check all responses for accuracy before submitting a Bid and (4) submit the entire, completed Bid package by the official Bid Deadline. Late Bids shall not be considered. Bids not submitted with an original, signed Offer page by a person authorized to bind the Bidder shall be considered non-responsive. Negligence in preparing a Bid shall not be good cause for withdrawal after the Bid Deadline. E. Sealed Bids. All Bids shall be sealed and clearly marked with the IFB title and number on the lower left hand corner of the mailing envelope. A return address must also appear on the outside of the sealed Bid. F. Address. All Bids shall be directed to the following address: Town Clerk, 16705 East Avenue of the Fountains, Fountain Hills, Arizona 85268, or hand -delivered to the Town Clerk's office. G. Bid Forms. All Bids shall be on the forms provided in this IFB. It is permissible to copy these forms if required. Telegraphic (facsimile), electronic (email) or mailgram Bids will not be considered. H. Modifications. Erasures, interlineations, or other modifications in the Bid shall be initialed in original ink by the authorized person signing the Bid. L Withdrawal. At any time prior to the specified Bid Opening, a Bidder (or designated representative) may amend or withdraw its Bid. Facsimile, electronic (email) or mailgram Bid amendments or withdrawals will not be considered. No Bid shall be altered, amended or withdrawn after the specified Bid Deadline, unless otherwise permitted pursuant to the Town Procurement Code. 2.4 Inquiries; Interpretation of Plans, Specifications and Drawings. A. Inquiries. Any question related to the IFB, including any part of the Plans, Specifications, Scope of Work or other Contract Documents, shall be directed to the Town Representative and Procurement Administrator whose names appear on the cover page of this IFB. Questions shall be submitted in writing by the date indicated on the cover page of this IFB; the Town will not respond to any inquiries submitted later than the Final Date for Inquiries. The Vendor submitting such inquiry will be responsible for its prompt delivery to the Town. Any correspondence related to the IFB shall refer to the title and number, page and paragraph. However, the Bidder shall not place the IFB number and title on the outside of any envelope containing questions, because such an envelope may be identified as a sealed Bid and may not be opened until the Bid Opening. Any interpretations or corrections of the proposed Contract Documents will be made only by addenda duly approved and issued by the Town. The Town will not be responsible for any other explanations or interpretations of the Contract Documents. B. Addenda. It shall be the Bidder's responsibility to check for addenda issued to this IFB. Any addendum issued by the Town with respect to this IFB will be available at: 2979192.2 4 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 Town of Fountain Hills Town Hall, 16705 East Avenue of the Fountains, Fountain Hills, Arizona 85268 Town of Fountain Hills website at: hqp://www.fh.az.gov/Bids.aWx C. Approval of Substitutions. The Materials, products, and equipment described in this IFB establish a standard or required function, dimension, appearance and quality to be met by any proposed substitution. No substitute will be considered unless written Substitution/Equal Request in the form attached hereto as Exhibit B, has been received by the Town Representative at least 10 Days prior to the Bid Deadline. Each such request shall include the name of the Material or equipment for which it is to be substituted and a complete description of the proposed substitute, including any drawings, performance and test data and any other information necessary for evaluation of the substitute. If a substitute is approved, the approval shall be by written addendum to the IFB. Bidder shall not rely upon approvals made in any other manner. D. Use of Equals. When the Specifications for materials, articles, products and equipment include the phrase "or equal, " Bidder may bid upon and use materials, articles, products and equipment that will perform equally the requirements imposed by the general design. The Engineer will have the final approval of all materials, articles, products and equipment proposed to be used as an "equal." No such "equal" shall be purchased or installed without prior, written approval from the Engineer. No "equal" will be considered unless a written Substitution/Equal Request, in the form attached hereto as Exhibit B, has been received by the Town Representative at least 10 Days prior to the Bid Deadline. The request shall include the name of the material or equipment for which the item is sought to be considered an equal and a complete description of the proposed equal including any drawings, cuts, performance and test data and any other information necessary for evaluation of the equal. All approval of equals shall be issued in the form of written addendum or amendment, as applicable, to this IFB or the Contract. E. Bid Quantities. It is expressly understood and agreed by the parties hereto that the quantities of the various classes of Services and/or Materials to be furnished under this Contract, which have been estimated as stated in the Bidders' Offer, are only approximate and are to be used solely for the purpose of comparing, on a consistent basis, the Bidders' Offers presented for the Work under this Contract. The selected Contractor agrees that the Town shall not be held responsible if any of the quantities shall be found to be incorrect and the Contractor will not make any claim for damages or for loss of profits because of a difference between the quantities of the various classes of Services and/or Materials as estimated and the Services and/or Materials actually provided. Contractor is responsible for ensuring that all Materials contained in the Plans for the project are bid on the Price Sheet. Contractor shall bring any potential discrepancy between the Plans and the Price Sheet to the Town's attention, either at the Prospective Bidders' Conference or by written inquiry, as set forth in Subsection 2.4(A) above. If any error, omission or misstatement is found to occur, the same shall not (1) invalidate the Contract or the whole or any part of the Scope of Work, (2) excuse Contractor from any of the obligations or liabilities hereunder or (3) entitle Contractor to any damage or compensation except as may be provided in this Contract. 2.5 Prospective Bidders' Conference. A Prospective Bidders' Conference may be held. If scheduled, the date and time of the Prospective Bidders' Conference will be indicated on the cover page of this IFB. The Prospective Bidders' Conference may be designated as mandatory or non -mandatory on the cover of this IFB. Bids shall not be accepted from Bidders who do not attend a mandatory Prospective Bidders' Conference. Bidders are strongly encouraged to attend those Prospective Bidder's Conferences designated as non -mandatory. The purpose of the Prospective Bidders' Conference will be to clarify the contents of the IFB in order to prevent any misunderstanding of the Town's requirements. Any doubt as to the requirements of this IFB or any apparent omission or discrepancy should be presented to the Town at the Prospective Bidders' Conference. The Town will then determine if any action is necessary and may issue a written amendment or addendum to the IFB. Oral statements or instructions will not constitute an amendment or addendum to the IFB. 2979192.2 5 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 2.6 New Materials. All Materials to be provided by the Contractor and included in the Bid shall be new, unless otherwise stated in the Specifications. 2.7 Prices. Work shall be performed at the unit prices as set forth in the Price Sheet attached hereto as Exhibit C and incorporated herein by reference. Bid prices shall be submitted on a per unit basis by line item, when applicable and include all applicable sales tax. In the event of a disparity between the unit price and extended price, the unit price shall prevail. NOTE: All pricing blanks must be filled in. Empty or unfilled spaces in the Bid Price Sheet shall result in a determination that a Bid is non-responsive. 2.8 Allowances. Allowances, if any, shall be clearly set forth on the Price Sheet. Allowances shall cover the cost to the Contractor (less any applicable trade discount) of the Materials including equipment required by the Allowance, delivered at the site, and all applicable taxes, overhead, profit handling and other general conditions costs, unless unit rates are available in the Price Sheet. Unit rates from the Price Sheet shall be used to determine the cost of a change to be paid from an Allowance, when applicable. Any remaining Allowance amount shall be returned to the Town at the end of the Project by deductive change order. 2.9 Payment; Discounts. Any Bid that requires payment in less than 30 Days shall not be considered. Payment discounts of 30 Days or less will not be deducted from the Bid Price in determining the low Bid. The Town shall be entitled to take advantage of any payment discount offered, provided payment is made within the discount period. Payment discounts shall be indicated on Price Sheet. 2.10 Taxes. The Town is exempt from Federal Excise Tax, including the Federal Transportation Tax. Transaction privilege tax, if any, shall be included in the unit price for each line item. It shall not be considered a lump sum payment item. It is the sole responsibility of the Bidder to determine any applicable State tax rates and calculate the tax accordingly. When calculating the tax on the Bid, the Bidder should not include tax on any allowances. Failure to accurately tabulate any applicable taxes may result in a determination that a Bid is non-responsive. The Bidder shall not rely on, and shall independently verify, any tax information provided by the Town. 2.11 Federal Funding. It is the responsibility of the Bidder to verify and comply with federal requirements that may apply to the Work (the "Federal Requirements"). It is also the responsibility of the Bidder to incorporate any necessary amounts in the Bid to accommodate for required federal record-keeping, necessary pay structures or other matters related to the Federal Requirements. Federal Requirements, if any, shall be attached hereto as Exhibit D. In addition to any applicable Federal Requirements, this procurement is subject to a number of state and Town regulations. In general, where these rules conflict, the more stringent law or rule applies. 2.12 Cost of Bid/Proposal Preparation. Bids submitted for consideration should be prepared simply and economically, providing adequate information in a straightforward and concise manner. The Town does not reimburse the cost of developing, presenting or providing any response to this solicitation; the Bidder is responsible for all costs incurred in responding to this IFB. All materials and documents submitted in response to this IFB become the property of the Town and will not be returned. 2.13 Public Record. All Bids shall become the property of the Town. After Contract award, Bids shall become public records and shall be available for public inspection in accordance with the Town's Procurement Code, except that any portion of a Bid that was designated as confidential pursuant to Section 2.14 below shall remain confidential from and after the time of Bid opening to the extent permitted by Arizona law. 2.14 Confidential Information. If a Vendor/Bidder believes that a Bid, Specification, or protest contains information that should be withheld from the public record, a statement advising the Procurement Agent of this fact shall accompany the submission and the information shall be clearly identified. The information identified by the Vendor or Bidder as confidential shall not be disclosed until the Procurement Agent makes a written determination. The Procurement Agent shall review the statement and information with the Town Attorney and shall determine in writing whether the information shall be withheld. If the Town Attorney 2979192.2 6 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 determines that it is proper to disclose the information, the Procurement Agent shall inform the Vendor or Bidder in writing of such determination. 2.15 Vendor Licensing and Registration. Prior to the award of the Contract, the successful Bidder shall be registered with the Arizona Corporation Commission and authorized to do business in Arizona. Bidders shall provide license and certification information with the Bid, attached as Exhibit E and incorporated herein by reference. Upon the Town's request, corporations, limited liability companies, partnerships or other entities shall provide Certificates of Good Standing from the Arizona Corporation Commission. A Town of Fountain Hills business license is also required. 2.16 Bidder Qualifications. A. Experience and References. Bidder must demonstrate successful completion of at least three similar projects within the past 60 months, one of which must have a dollar value of at least 75% of the total bid for this Project as set forth in the Price Sheet, attached as Exhibit C. Total bid price does not include any Town allowances identified. For the purpose of this Solicitation, "successful completion" means completion of a project within the established schedule and budget and "similar projects" resemble this Project in size, nature and scope. References for these three projects shall be listed on the sheet attached hereto as Exhibit F and incorporated herein by reference. These references will be checked, and it is Bidder's responsibility to ensure that all information is accurate and current. Bidder authorizes the Town's representative to verify all information from these references and releases all those concerned from any liability in connection with the information they provide. B. Investigation. tom. The Town's representative may conduct any investigation deemed necessary to determine the Bidder's ability to perform the Work in accordance with the Contract Documents. The three lowest Bidders may be requested to submit additional documentation within 72 hours (or as specified) to assist the Town in its evaluation. 2.17 Certification. By submitting a Bid, the Bidder certifies: A. No Collusion. The submission of the Bid did not involve collusion or other anti- competitive practices. B. No Discrimination. It shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246. C. No Gratuity. It has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip favor or service to a Town employee, officer, agent or elected official in connection with the submitted Bid or a resultant Contract. In the event that the resultant Contract is canceled pursuant to this provision, the Town shall be entitled, in addition to any other rights and remedies, to recover and withhold from the Contractor an amount equal to 150% of the gratuity. D. Financial Stability. It is financially stable, solvent and has adequate cash reserves to meet all financial obligations including any potential costs resulting from an award of the Contract. E. No Signature/False Statement. The signature on the Bid and the Vendor Information Form is genuine. Failure to sign the Bid or the Vendor Information Form, or signing either with a false statement, shall void the submitted Bid and any resulting Contract, and the Bidder may be debarred from further bidding in the Town. 2.18 Bid Bond. All Vendors desiring to prepare a responsive Bid shall submit a non -revocable bid security payable to the Town in the amount of ten percent (10%) of the total Bid Price. This security shall be in the 2979192.2 7 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 form of a bid bond, certified check or cashier's check and must be in the possession of the Town Representative by the Bid Deadline. All bid security from Contractor(s) who have been issued a Notice of Award shall be held until the successful execution of all required Contract Documents and bonds. If the Contractor fails to execute the required contractual documents and bonds within the time specified, or 10 Days after Notice of Award if no period is specified, the Contractor may be found to be in default and the Contract terminated by the Town. In case of default, the Town reserves all rights inclusive of, but not limited to, the right to purchase material and/or to complete the Work and to recover any actual excess costs associated with such completion from the Contractor. All bid bonds shall be executed in the form attached hereto as Exhibit G, duly executed by the Bidder as Principal and having as Surety thereon a Surety company holding a Certificate of Authority from the Arizona Department of Insurance to transact surety business in the State of Arizona. Individual sureties are unacceptable. All insurers and sureties shall have, at the time of submission of the proposal, an A.M. Best's Key Rating Guide of "A-" or better as currently listed in the most recent Best Key Guide, published by the A.M. Best Company. As soon as is practicable after the completion of the evaluation, the Town will (A) issue a Notice of Award for those Offers accepted by the Town and (B) return all checks or bonds to those Bidders who have not been issued a Notice of Award. 2.19 Award of Contract. A. Multiple Award. The Town may, at its sole discretion, accept Bidder's Offer as part of a Multiple Award. B. Evaluation. The evaluation of this Bid will be based on, but not limited to, the following: (1) compliance with Specifications, (2) Price, including alternates selected by the Town, if any, and taxes, but excluding "as -needed" services requested by the Town and (3) Bidder qualifications to perform the Work. C. Waiver, Rejection, Reissuance. Notwithstanding any other provision of this IFB, the Town expressly reserves the right to: (1) waive any immaterial defect or informality, (2) reject any or all Bids or portions thereof and (3) cancel or reissue an IFB. D. Offer. A Bid is a binding offer to contract with the Town based upon the terms, conditions and Specifications contained in this IFB and the Bidder's responsive Bid, unless any of the terms, conditions, or Specifications are modified by a written addendum or Contract amendment. Bids become binding Contracts when the Acceptance of Offer and Notice of Award is executed in writing by the Town. Bidder Offers shall be valid and irrevocable for 90 Days after the Bid Opening. E. Protests. Any Bidder may protest this IFB, the proposed award of a Contract, or the actual award of a Contract. All protests will be considered in accordance with the process set forth by the Town Manager or qualified designee. ARTICLE III — GENERAL TERMS AND CONDITIONS PART A - GENERAL 3.1 Reference Standards. The Contractor shall perform the Work required in conformance with MAG Specifications and the MAG Supplement, each of which is incorporated herein by reference. In the event of a conflict between the MAG Specifications and the MAG Supplement, the MAG Supplement shall prevail. 3.2 Plans and Specifications to Successful Contractor. The successful Contractor shall print their own Plans and Specifications for this Project from the Town's website: hllp://www.fh.az.jzov/Bids.aspx. 3.3 Contract Time. The Contract Time for this Project shall be 254 Days from the Notice to Proceed. All Work on the Project shall be completed on or before the expiration of the Contract Time. 2979192.2 8 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 3.4 Pre -Construction Conference. Within 30 Days of the issuance of the Notice of Award, the Contractor shall attend a pre -construction conference. The Town will contact the Contractor to schedule a specific date, time and location for the pre -construction conference. The purpose of this conference is to outline specific items and procedures and to address items that require special attention on the part of the Contractor. The Contractor may also present proposed variations in procedures that the Contractor believes may (A) improve the Project, (B) reduce cost or (C) reduce inconvenience to the public. Any necessary coordination and procedures for construction inspection and staking will be addressed during the pre -construction conference. The Contractor will be required to provide the following items at, or prior to, the pre -construction conference, each of which is subject to review and approval by the Engineer: A. Key Personnel; Subcontractors. A list of the names and emergency telephone numbers of all proposed Key Personnel, Subcontractors and suppliers that the Contractor intends to utilize on the Project, in the form attached hereto as Exhibit H and incorporated herein by reference. The term "Key Personnel" means individuals who will be directly assigned to this Project and includes, but is not limited to, the owner, principals, project manager, project superintendent, scheduler, construction engineer and supervisory personnel. At least two of the Bidder's Key Personnel must have a minimum of three years' experience in similar projects (defined above) and the scheduler must have experience in employing scheduling techniques appropriate for this Project. Resumes of Key Personnel shall be submitted upon request by the Town's representative. Proposed Subcontractors shall be qualified and have the requisite professional or technical licenses and be licensed to do business in the State of Arizona. The list shall include such information on the professional background of each of the assigned key individuals as may be requested by the Town Representative. Such key personnel and Subcontractors shall be satisfactory to the Engineer and shall not be changed except with the consent of the Engineer. Additionally, the Engineer shall have the right to request that the Contractor personnel and Subcontractors be removed from the Project if, in the Engineer's sole discretion, such personnel or Subcontractor(s) are detrimental to the Project delivery process. Upon receipt of such request, the Contractor shall remove such personnel or Subcontractor(s) unless the Contractor can provide the Town with sufficient documentation to prove it is commercially impractical to replace the personnel or Subcontractor(s) with substitute personnel possessing similar qualifications. The Engineer's approval of substituted personnel or Subcontractor(s) shall not be unreasonably withheld. B. Progress Schedule. A construction progress schedule showing the estimated time for start and completion of the major items of Work in Primavera P6 scheduling software. C. Payment Schedule. A payment schedule showing the estimated dollar volume of Work for each calendar month during the life of the Project. D. Traffic Control. A written proposal, prepared by an individual who is IMSA or ATSSA certified, outlining the intended plans for traffic control and for maintaining continuous access to residences and businesses along the construction site. E. Site Security. A written proposal outlining the intended plans to secure the Project site for public safety and security. F. Drawings, Materials & Equipment. An itemized list of all required shop drawings, material and equipment submittals and a schedule indicating the dates each of these items will be transmitted to the Town for review. 3.5 Notice to Proceed. Within 45 Days of the issuance of the Notice of Award the Town may issue a written Notice to Proceed. The Notice to Proceed shall stipulate the actual Contract start date, the Contract Time and the dates of Substantial Completion and Final Completion. The time required for the Contractor to obtain permits, licenses and easements shall be included in the Contract Time and shall not be justification for a delay claim by the Contractor. The time required for the Contractor to prepare, transmit and obtain approval of 2979192.2 9 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 applicable submittals shall be included in the Contract Time and shall not be justification for a delay claim by the Contractor. No Work shall be started until after all required permits, licenses, and easements have been obtained. The Contractor shall notify the Engineer, in writing, at least 72 hours before the following events: A. Commencement. The start of construction. B. Services Shut Down. Shutdown of water, sewer, drainage, irrigation and/or traffic control facilities, including the anticipated length of time for each shut down. C. Well or Pump Shut Down. Shutdown of existing water wells and booster pumps. Such shutdown shall not exceed 72 hours of any facility and only one facility may be shutdown at any one time. Shutdowns shall be coordinated with proper utility agency/company. D. Water Lines. All draining and filling of water lines and irrigation laterals and all operations of existing valves or gauges, which shall also be coordinated with the proper utility agency/company. E. Start-up and Testing. Start-up or testing of any water well or booster pump to be connected to any part of the existing water system. This includes operation of existing valves necessary to accommodate the water. 3.6 Laws and Regulations. The Contractor shall keep fully informed of all rules, regulations, ordinances, statutes or laws affecting the Work herein specified, including existing and future (A) Town and County ordinances and regulations, (B) State and Federal laws and (C) Occupational Safety and Health Administration ("OSHA") standards. 3.7 Rights -of -Wax. The Contractor shall obtain a right-of-way permit for any of the Work completed in the public right-of-way. The Contractor will be responsible for any required Maricopa County permits or other agency permits. The Town will provide any necessary easements for Work specified under this Contract, and the Contractor shall not enter or occupy with workers, tools, equipment or materials any private ground outside the property of the Town without the written consent of the owner thereof. The Contractor, at its own expense, is responsible for the acquisition of any additional easements or rights-of-way. 3.8 Inspection, Safety and Compliance. Each Contractor must inform itself fully of the conditions relating to the construction of the Project and the employment of labor thereon. Failure to do so will not relieve the Contractor of its obligation to furnish all material and labor necessary to carry out the provisions of this Contract. Insofar as possible in carrying out its work, the Contractor must employ such methods or means as will not cause any interruption of or interference with the Work of any other contractor. Contractor affirms that it has inspected the jobsite and has thoroughly reviewed the Contract including, without limitation, the Specifications listed on Exhibit A, as the same may be revised by the Town, and is not relying on any opinions or representations of Town. Contractor agrees to perform and complete such Work in strict accordance with the Contract and under the general direction of the Town. Contractor agrees that any exclusions of any Work must be approved in writing by the Town prior to acceptance of this Contract or same shall not be excluded hereunder. Contractor is responsible for all safety precautions and programs and shall provide all protection and necessary supervision to implement said precautions and programs. Contractor shall take all reasonable precautions for the safety of and provide reasonable protection to prevent damage, injury or loss to: (A) Town personnel and members of the public, (B) employees or others on the Project, (C) the Work and materials and (D) other property at the Project or adjacent thereto. Contractor shall designate a responsible person on the Project whose duty shall be prevention of accidents. Contractor shall provide all competent supervision necessary to execute all Work and any Work incidental thereto in a thorough, first-class, workmanlike manner. It is Contractor's responsibility that all of the Work and any Work incidental thereto conforms to, and is performed in accordance with, all applicable Federal, State, County and Town laws, codes, ordinances, regulations (including National Pollutant Discharge Elimination System and air pollution standards) and orders of public authorities bearing on performance of the Work. 2979192.2 10 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 3.9 Traffic Regulations. All traffic affected by the Work under this Contract shall be regulated in accordance with the then -current version of the City of Phoenix -Traffic Barricade Manual (the "Barricade Manual") which is incorporated herein by reference; provided, however, that this Contract shall govern in a conflict with the terms of the Barricade Manual. At the time of the pre -construction conference, the Contractor shall designate an employee who is well qualified and experienced in construction traffic control and safety to be responsible for implementing, monitoring and altering traffic control measures, as necessary. At the same time, the Town will designate a representative who will be responsible to see that all traffic control and any alterations are implemented and monitored to the extent that traffic is carried through the Work area in an effective manner and that motorists, pedestrians, bicyclists and workers are protected from hazard and accidents. A. Major Streets. The following shall be considered major streets: All major parkway, mile (section line), arterial and collector (mid-section line and quarter section line) streets so classified by the Town. B. Traffic Control Devices. All traffic control devices required for the Work under this Contract shall be the responsibility of the Contractor. The Contractor shall place advance warning signs (such as REDUCE SPEED, LOOSE GRAVEL, 25 MPH SPEED LIMIT and DO NOT PASS) in accordance with the Barricade Manual. The Contractor shall provide, erect and maintain all necessary flashing arrow boards, barricades, suitable and sufficient warning lights, signals and signs and shall take all necessary precautions for the protection of the Work and safety of the public. The Contractor shall provide, erect and maintain acceptable and adequate detour signs at all closures and along detour routes. All barricades and obstructions shall be illuminated at night, and all safety lights shall be illuminated from sunset until sunrise. All barricades and signs used by the Contractor shall conform to the standard design generally accepted for such purposes and payment for all such services and materials shall be considered as included in the other pay items of the Contract. C. Existing signs. The Contractor shall ensure that all existing traffic signs are erect, clean and in full view of the intended traffic at all times. Street name signs at major street intersections shall be maintained erect at all times. If these signs should interfere with construction, the Contractor shall notify the Engineer, in writing, at least 48 hours in advance for Town personnel to temporarily relocate or cover said signs. The Engineer will direct the Contractor as to the correct positions to re -set all traffic and street name signs to permanent locations when notified by the Contractor that the interfering construction is complete. D. Manual Traffic Control. Manual traffic control shall be in conformity with the Barricade Manual, except that the designated liaison officer shall be contacted at the Maricopa County Sheriff's Office, District 7. When construction activities or traffic hazards at the construction site require the use of flagmen, it shall be the Contractor's responsibility to provide trained flagmen to direct traffic safely. When traffic hazards at construction sites warrant the use of certified police personnel to direct traffic, arrangements must be made with the liaison officer at the Maricopa County Sheriff's Office, District 7. E. Contractor Equipment. The assembly and turnarounds of the Contractor's equipment shall be accomplished using adjacent local streets when possible. Equipment used and/or directed by the Contractor shall travel with traffic at all times. Supply trucks shall travel with traffic except when being spotted. Contractor shall provide a flagman or off-duty, uniformed Sheriff s Deputy to assist with spotting. F. Traffic Alterations. During construction, it may be necessary to alter traffic control. Any such alterations shall be in accordance with the Barricade Manual. No street within the Project area may be closed to through traffic or to local emergency traffic without prior, written approval of the Engineer. Written approval may be given if sufficient time exists to allow for notification of the public at least 72 hours in advance of such closing. Partial closure of streets within the Project shall be done in strict conformity with the Barricade Manual and the Engineer's written directions. G. Intersections. Caution should be used when excavating near intersections with traffic signal underground cable. Contractor shall notify the Engineer, in writing, 24 hours in advance of any Work at 2979192.2 it TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 such intersections. The Contractor shall install and maintain temporary overhead traffic signal cable as specified by the Engineer when underground conduit is to be severed by excavations at intersections. The Contractor shall provide an off-duty, uniformed Sheriff's Deputy to direct traffic while the traffic signal is turned off and the wiring is transferred. All damaged or modified traffic signal overhead and underground items shall be repaired and restored to the Engineer's satisfaction. Magnetic detector loops shall, under no circumstances, be spliced. H. Adjacent Properly Access. The Contractor shall maintain access to all businesses, schools and residences along the Project alignment at all times in accordance with the MAG Supplement, Section 107.7.1 (Access). I. Covered Crossings. Where crossings of existing pavement occurs, no open trenches shall be permitted overnight, but plating may be permitted if conditions allow, as determined by the Engineer in his sole discretion. If plates cannot be used, crossings shall either be back-filled or the Contractor shall provide a detour. 3.10 Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Town and each council member, officer, employee or agent thereof (the Town and any such person being herein called an "Indemnified Party"), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever ("Claims") to the extent that such Claims (or actions in respect thereof) are caused by the negligent acts, recklessness or intentional misconduct of the Contractor, its officers, employees, agents, or any tier of subcontractor in connection with Contractor's work or services in the performance of this Agreement. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of the indemnity in this Section. 3.11 Insurance. A. General. 1. Insurer Qualifications. Without limiting any obligations or liabilities of Contractor, Contractor shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies authorized to do business in the State of Arizona pursuant to ARIZ. REv. STAT. § 20-206, as amended, with an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the Town. Failure to maintain insurance as specified herein may result in termination of this Contract at the Town's option. 2. No Representation of Coverage Adequacy. By requiring insurance herein, the Town does not represent that coverage and limits will be adequate to protect Contractor. The Town reserves the right to review any and all of the insurance policies and/or endorsements cited in this Contract but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Contract or failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Contract. 3. Additional Insured. All insurance coverage, except Workers' Compensation insurance and Professional Liability insurance, if applicable, shall name, to the fullest extent permitted by law for claims arising out of the performance of this Contract, the Town, its agents, representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of this Contract. 4. Coverage Term. All insurance required herein shall be maintained in full force and effect until all Work or Services required to be performed under the terms of this Contract are 2979192.2 12 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 satisfactorily performed, completed and formally accepted by the Town, unless specified otherwise in this Contract. 5. Primary Insurance. Contractor's insurance shall be primary insurance with respect to performance of this Contract and in the protection of the Town as an Additional Insured. 6. Claims Made. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend, either by keeping coverage in force or purchasing an extended reporting option, for three years past completion and acceptance of the services. Such continuing coverage shall be evidenced by submission of annual Certificates of Insurance citing applicable coverage is in force and contains the provisions as required herein for the three-year period. 7. Waiver. All policies, except for Professional Liability, including Workers' Compensation insurance, shall contain a waiver of rights of recovery (subrogation) against the Town, its agents, representatives, officials, officers and employees for any claims arising out of the Work or Services of Contractor. Contractor shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto. 8. Policy Deductibles and/or Self -Insured Retentions. The policies set forth in these requirements may provide coverage that contains deductibles or self-insured retention amounts. Such deductibles or self-insured retention shall not be applicable with respect to the policy limits provided to the Town. Contractor shall be solely responsible for any such deductible or self-insured retention amount. 9. Use of Subcontractors. If any Work under this Contract is subcontracted in any way, Contractor shall execute written agreement with its Subcontractors containing the indemnification provisions set forth in this Section and insurance requirements set forth herein protecting the Town and Contractor. Contractor shall be responsible for executing any agreements with its Subcontractor and obtaining certificates of insurance verifying the insurance requirements. 10. Evidence of Insurance. Prior to commencing any Work or Services under this Contract, Contractor will provide the Town with suitable evidence of insurance in the form of certificates of insurance and a copy of the declaration page(s) of the insurance policies as required by this Contract, issued by Contractor's insurance insurer(s) as evidence that policies are placed with acceptable insurers as specified herein and provide the required coverages, conditions and limits of coverage specified in this Contract and that such coverage and provisions are in full force and effect. Confidential information such as the policy premium may be redacted from the declaration page(s) of each insurance policy, provided that such redactions do not alter any of the information required by this Contract. The Town shall reasonably rely upon the certificates of insurance and declaration page(s) of the insurance policies as evidence of coverage but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations of this Contract. If any of the policies required by this Contract expire during the life of this Contract, it shall be Contractor's responsibility to forward renewal certificates and declaration page(s) to the Town 30 Days prior to the expiration date. All certificates of insurance and declarations required by this Contract shall be identified by referencing this Contract. A $25.00 administrative fee shall be assessed for all certificates or declarations received without a reference to this Contract. Additionally, certificates of insurance and declaration page(s) of the insurance policies submitted without referencing this Contract will be subject to rejection and may be returned or discarded. Certificates of insurance and declaration page(s) shall specifically include the following provisions: a. The Town, its agents, representatives, officers, directors, officials and employees are Additional Insureds as follows: 2979192.2 13 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 (i) Commercial General Liability - Under Insurance Services Office, Inc., ("ISO") Form CG 20 10 03 97 or equivalent. (ii) Auto Liability - Under ISO Form CA 20 48 or equivalent. (iii) Excess Liability - Follow Form to underlying insurance. b. Contractor's insurance shall be primary insurance with respect to performance of the Contract. C. All policies, except for Professional Liability, including Workers' Compensation, waive rights of recovery (subrogation) against Town, its agents, representatives, officers, officials and employees for any claims arising out of Work or Services performed by Contractor under this Contract. d. ACORD certificate of insurance form 25 (2014/01) is preferred. If ACORD certificate of insurance form 25 (2001/08) is used, the phrases in the cancellation provision "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" shall be deleted. Certificate forms other than ACORD form shall have similar restrictive language deleted. B. Required Insurance Coverage. 1. Commercial General Liability. Contractor shall maintain "occurrence" form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent contractors, products -completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not limited to, separation of insured's clause. To the fullest extent allowed by law, for claims arising out of the performance of this Contract, the Town, its agents, representatives, officers, officials and employees shall be cited as an Additional Insured under ISO, Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or equivalent, which shall read "Who is an Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you." If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be "follow form" equal or broader in coverage scope than underlying insurance. 2. Vehicle Liability. Contractor shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Contractor's owned, hired and non -owned vehicles assigned to or used in the performance of the Contractor's Work or Services under this Contract. Coverage will be at least as broad as ISO coverage code "1" "any auto" policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for claims arising out of the performance of this Contract, the Town, its agents, representatives, officers, directors, officials and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be "follow form" equal or broader in coverage scope than underlying insurance. 3. Professional Liability. If this Contract is the subject of any professional Services or Work, or if the Contractor engages in any professional Services or Work in any way related to performing the Work under this Contract, the Contractor shall maintain Professional Liability insurance covering negligent errors and omissions arising out of the Services performed by the Contractor, or anyone employed by the Contractor, or anyone for whose negligent acts, mistakes, errors and omissions the 2979192.2 14 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 Contractor is legally liable, with an unimpaired liability insurance limit of $2,000,000 each claim and $2,000,000 annual aggregate. 4. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation insurance to cover obligations imposed by Federal and State statutes having jurisdiction over Contractor's employees engaged in the performance of Work or Services under this Contract and shall also maintain Employers Liability Insurance of not less than $500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy limit. 5. Builder's Risk Insurance. Unless expressly waived by the Town Manager in a written addendum or amendment to this Contract, the Contractor shall be responsible for purchasing and maintaining insurance to protect the Project from perils of physical loss. The insurance shall provide for the full cost of replacement for the entire Project at the time of any loss. The insurance shall include as named insureds the Town, the Contractor, the Contractor's Subcontractors and sub -subcontractors and shall insure against loss from the perils of fire and all-risk coverage for physical loss or damage due to theft, vandalism, collapse, malicious mischief, transit, flood, earthquake, testing, resulting loss arising from defective design, negligent workmanship or defective material. The Contractor shall increase the coverage limits as necessary to reflect changes in the estimated replacement cost. C. Cancellation and Expiration Notice. Insurance required herein shall not expire, be canceled, or be materially changed without 30 Days' prior written notice to the Town. 3.12 Performance Bond. The Contractor shall be required to furnish non -revocable security binding the Contractor to provide faithful performance of this Contract in the amount of one hundred percent (100%) of the total Contract Price payable to the Town. Performance security shall be in the form of a performance bond, certified check, cashier's check or irrevocable letter of credit. This security must be in the possession of the Engineer within seven Days after execution of this Agreement by the Town. If the Contractor fails to execute and deliver the security instrument as required, the Contractor may be found in default and the Contract terminated by the Town. In case of default the Town reserves all rights. All performance bonds shall be executed in the form attached hereto as Exhibit I, duly executed by the Contractor as Principal and having as Surety thereon a Surety company approved by the Town and holding a Certificate of Authority to transact surety business in the State of Arizona by the Arizona Department of Insurance. Individual sureties are unacceptable. All Insurers and Sureties shall have, at the time of submission of the performance bond, an A.M. Best's Key Rating Guide of "A-" or better as currently listed in the most recent Best Key Guide, published by the A.M. Best Company. 3.13 Payment Bond. The Contractor shall be required to furnish non -revocable security for the protection of all persons supplying labor and material to the Contractor or any Subcontractor for the performance of any Work related to this Contract. Payment security shall be in the amount of one hundred percent (100%) of the total Contract Price and be payable to the Town. Payment security shall be in the form of a payment bond, certified check, cashier's check or irrevocable letter of credit. This security must be in the possession of the Engineer within seven Days after execution of this Agreement by the Town. If the Contractor fails to execute and deliver the security instrument as required, the Contractor may be found in default and the Contract terminated by the Town. In case of default the Town reserves all rights. All payment bonds shall be executed in the form attached hereto as Exhibit J, duly executed by the Contractor as Principal and having as Surety thereon a Surety company approved by the Town and holding a Certificate of Authority to transact surety business in the State of Arizona by the Arizona Department of Insurance. Individual sureties are unacceptable. All Insurers and Sureties shall have, at the time of submission of the payment bond, an A.M. Best's Key Rating Guide of "A-" or better as currently listed in the most recent Best Key Guide, published by the A.M. Best Company. 3.14 Changes in the Work. The Town may, without invalidating this Contract, order changes in the Work consisting of additions, deletions or other revisions to the Contract and the Contract Price and the Contract Time shall be adjusted as provided below. The Contract Price and/or the Contract Time may only be changed by 2979192.2 15 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 the Town's written approval authorizing said change, and said changes shall be performed under the applicable conditions of the Contract. The Contract Price shall be adjusted as a result of a change in the Work as follows: A. Additions. When the Town increases the scope of the Work, Contractor will perform the increased work pursuant to Contractor's unit prices set forth on the Price Sheet. B. Deletions. When the Town decreases the Work resulting in a decrease in Contractor's quantity of the Work, the Town shall be allowed a decrease in the Contract Price amounting to the quantity of the deleted Work multiplied by the Contractor's unit prices. C. Estimating. Whenever the Town is considering a change to the Work, Contractor shall promptly, and in any event within five business days, estimate the price of the contemplated additional or deleted Work in good faith and as accurately as is then -feasible. The estimate shall show quantities of labor, material and equipment and shall be pursuant to the rates set forth in the Contractor's Bid. 3.15 Substantial Completion. When the Contractor considers that the Work is Substantially Complete, the Engineer shall prepare and submit to the Contractor a comprehensive list of Punch List items, which the Contractor may edit and supplement. The Contractor shall proceed promptly to complete and correct Punch List items. Failure to include an item on the Punch List does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. The Town shall determine when the Project and the Contractor's Work is substantially complete. "Substantial Completion" means construction has been completed in accordance with the Contract Documents to the extent that the Town can use or occupy the entire Project, or the designated portion of the Project, for the use intended without any outstanding, concurrent construction at the site, except as may be required to complete or correct Punch List items. A prerequisite for Substantial Completion, over and above the extent of construction completion required, is receipt by the Town of acceptable documentation that Contractor has successfully tested and demonstrated all systems for their intended use. The date of Substantial Completion shall be confirmed by a Certificate of Substantial Completion signed by the Town and Contractor. The Certificate of Substantial Completion signed by the Town and Contractor shall state the respective responsibilities of the Town and the Contractor for security, maintenance, utilities, damage to the Work and insurance. The Certificate of Substantial Completion shall also include the Punch List as created by the Contractor and modified by the Town and establish the time for completion and correction of all Punch List items. If the Town and the Contractor cannot agree as to the appropriate date of Substantial Completion, such issue shall be submitted for dispute resolution in accordance with the procedures set forth in Article III, Part B below. Notwithstanding such disagreement, the Contractor shall diligently proceed with completion of the Punch List items. 3.16 Final Completion. The Town shall determine when the Project and the Contractor's Work is finally completed. "Final Completion" means completion of the Project by the Contractor in accordance with the Contract Documents, certified to the Town by the Contractor. Final Completion shall be achieved only upon the Town's written acceptance of (A) the construction, (B) all testing, (C) demonstration by Contractor that the Work functions as required by the Contract Documents and meets all Contract requirements, (D) resolution of all outstanding system deficiencies and Punch List items, if any, (E) delivery of all as -built documentation, drawings, completed record documents (with revisions made after Substantial Completion), annotated submittals and design document deliverables, (F) submittal, acceptance, and delivery of the one hundred percent (100%) complete O&M manuals, (G) delivery of warranties, inspection certificates, bonds and all other required documents, (H) all pre- requisites for final payment and (I) submittal of Contractor's request for final payment and acceptance enclosing all required documentation. Upon Final Completion the Engineer shall issue a Certificate of Final Completion to the Contractor on behalf of the Town. Following receipt of payment from the Town, the Contractor shall make all payments due to the Subcontractors. 3.17 Payments to Contractor. Compensation for all Work necessary for the completion of the Project shall be included by the Bidder in the price bid for the items shown in the Bid. Only those items listed in the 2979192.2 16 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 Bid are pay items. Payment shall be conditioned upon Contractor's compliance with the payment terms and conditions set forth below. Contractor expressly acknowledges and agrees that (A) the Contract Price is an estimated amount based upon an engineer's estimate of the quantities of the Materials deemed necessary to perform the Work and (B) the amount of any payment to be made pursuant to this Contract shall be determined by the field -measured quantities of Materials actually installed by Contractor. Material or equipment delivered to the Project by or on behalf of Contractor shall not constitute material or equipment furnished in the performance of the Work until same has been incorporated into the improvements constituting the Project. Payment shall not constitute acceptance by the Town or evidence thereof of any Work performed. A. Progress Payments. 1. On or before the 15th day of each month after construction has commenced, the Contractor shall submit to the Town an application for payment consisting of the cost of the Work performed up to the end of the prior month, including the cost of material stored on the site or at other locations approved by the Town. The application shall be deemed approved and certified for payment seven Days after it is submitted unless before that time the Town prepares and issues a specific written finding setting forth those items in detail that are not approved for payment under the Contract. Prior to submission of the next application for payment, the Contractor shall make available at the request of the Town a statement accounting for the disbursement of funds received under the previous application for purposes of audit. The extent of such statement shall be as agreed upon between the Town and Contractor. 2. Within 14 Days after approval of each monthly application for payment, the Town shall pay directly to the Contractor the appropriate amount for which application for payment is made, less amounts (a) previously paid by the Town, (b) sufficient to pay expenses the Town reasonably expects to incur in correcting deficiencies which are set forth in writing and provided to the Contractor and (c) any retainage as set forth in subsection 3.17(B) below. 3. The Town's progress payment, occupancy or use of the Project, whether in whole or in part, shall not be deemed as acceptance of any Work not conforming to the requirements of this Contract. 4. Upon Substantial Completion of the Work, the Town shall pay the Contractor the unpaid balance of the cost of the Work, less a sum equal to the Contractor's estimated cost of completing any unfinished items as agreed to between the Town and the Contractor as to extent and time for Final Completion. The Town thereafter shall pay the Contractor monthly the amount retained for unfinished items as each item is completed. B. Retainage. With respect to the Work, the Town shall retain ten percent (10%) of the amount of each estimate until Final Completion and acceptance of all Material, equipment and Work covered by this Contract. 1. Any securities submitted by Contractor in lieu of retainage as may be allowed by law, shall be deposited in an escrow account by the Town. The Town shall be listed as payee or multiple payees with Contractor on all such securities. 2. When the Work is fifty percent (50%) completed, one-half of the amount retained including any securities substituted pursuant to subsection 3.17 (13)(1) shall be paid to the Contractor upon the Contractor's request, provided the Contractor is making satisfactory progress on the Work and there is no specific cause or claim requiring a greater amount to be retained. After the construction Work is fifty percent (50%) completed, no more than five percent (5%) of the amount of any subsequent progress payments made under this Contract may be retained, provided the Contractor is making satisfactory progress on the Project. If, at any time, the Town determines satisfactory progress is not being made, ten 2979192.2 17 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 percent (10%) retention shall be reinstated for all progress payments made under this Contract after the determination. C. Payment for On-site and Off-site Stored Materials. Payment shall be made on account of Materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. Payment may similarly be made for Materials and equipment suitably stored off the site, conditioned upon the Contractor furnishing evidence to the Town that (1) title to the Materials and equipment will pass to the Town upon payment therefore, (2) the Materials and equipment are adequately safeguarded and insured, including during transit from the off-site location to the Project site and (3) such other matters as the Town may reasonably request in order to protect its interests. With the prior, written approval of the Town, Contractor may advance order the bulk delivery of Materials to be incorporated into the Work over the course of this Contract. Upon delivery and receipt of supplier invoice, the Town shall pay for the bulk delivery, either directly to the Contractor or to the vendor or by joint check to Contractor and vendor, and shall receive a full release for the amount paid from vendor and Contractor. Contractor agrees to assume full responsibility for the safekeeping of all such Materials and shall guarantee to the Town that such Materials shall remain safe from theft or damage from any and all causes (unless caused by the sole negligence of the Town). Contractor shall immediately replace, repair or restore said Materials to their original condition so as to not cause any delay in the Work, and Contractor shall indemnify and hold harmless the Town for, from and against any and all loss, cost, liability or expense resulting from any loss or damage to any of the Materials described herein from any cause unless due to the Town's sole negligence. Should the Town have reason to believe Contractor is not properly safeguarding any of the Materials, the Town shall have the right, but not the affirmative duty, to immediately take such steps as it deems necessary to do so, including removing Contractor from the job, replacing any Materials or expending any sums to properly carry out Contractor's responsibility hereunder, and any amounts so expended shall be billed back to Contractor or deducted from any sums then or thereafter due to Contractor. Contractor shall fully insure all Materials stored on site as required by the Town, and if such insurance is not obtained due to a lack of insurable interest, the Town shall have the right to obtain such insurance and charge the amount thereof back to Contractor or deduct said amount from any funds then or thereafter due to Contractor. D. Title to Construction Work. The Contractor warrants that title to all Work covered by an application for payment shall pass to the Town no later than the time of payment. The Contractor further warrants that upon submittal of an application for payment, all Work for which applications for payment have been previously issued and payments received from the Town shall be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, Materials and equipment relating to the Work. E. Final Payment. 1. Final payment, consisting of the unpaid balance of the cost of the Work shall be due and payable at Final Completion and acceptance by the Town. Before issuance of final payment, the Town may request satisfactory evidence that all payrolls, Materials bills and other indebtedness connected with the Work have been paid or otherwise satisfied. 2. Simultaneously with Contractor's request for final payment, Contractor shall submit the following items to the Town Representative: a. ral maintenance of the documentation shall Red -line construction record drawings. Warranties. Two sets of documentation completely covering the operation and mechanical and electrical installation and all other equipment. The include charts, diagrams, performance curves, catalog information, 2979192.2 18 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 lubrication manuals, and details pertaining to the functioning of various items of equipment. The documentation shall be divided logically into "systems" on the basis of operation, without respect to trades, subcontractors or arbitrary specifications sections. The relationship of the "systems" shall be clearly and concisely detailed. d. Affidavit Regarding Settlement of Claims. Other items reasonably required by the Town Representative. In making final payment the Town waives all claims except for: a. Outstanding liens. b. Improper workmanship or defective Materials. Work not in conformance with this Contract or Work not completed. d. Terms of any special warranties required by this Contract. e. Delivery to Town of all warranties, operation and maintenance manuals, "AS -BUILT" record drawings and other documents as required by this Contract. f. Right to audit Contractor records for a period of three years. g. Claims previously made in writing and which remain unsettled. 4. Acceptance of final payment by the Contractor shall constitute a waiver of affirmative claims by the Contractor, except those previously made in writing and identified as unsettled at the time of final payment. F. Warranty. Contractor or its assignee shall give to the Town a one-year warranty against deficiencies in material and workmanship for all Work on the Project or other such warranty as required by the Town Engineer, which warranty shall begin on the date that the Town accepts the Work as provided in this Section. Any material deficiencies in material or workmanship identified by Town staff during the one-year warranty period shall be brought to the attention of the Contractor or its assignee that provided the warranty, which shall promptly remedy or cause to be remedied such deficiencies to the reasonable satisfaction of the Town Engineer. Continuing material deficiencies in a particular portion of the Work shall be sufficient grounds for the Town to require (1) an extension of the warranty for an additional one-year period and (2) the proper repair of or the removal and reinstallation of, that portion of the Work that is subject to such continuing deficiencies. Regardless of whether the applicable warranty period has expired, the Contractor agrees to repair any damage to the Work caused by Contractor's construction activities on the Property. Nothing contained herein shall prevent the Town or Contractor from seeking recourse against any other third party for damage to the Work caused by such third party. 3.18 Offset. A. Offset for Damages. In addition to all other remedies at law or equity, the Town may offset from any money due to the Contractor any amounts Contractor owes to the Town for damages resulting from breach or deficiencies in performance or breach of any obligation under this Contract. B. Offset for Delinquent Fees or Taxes. The Town may offset from any money due to the Contractor any amounts Contractor owes to the Town for delinquent fees, transaction privilege taxes and property taxes, including any interest or penalties. 2979192.2 19 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 PART B - PERFORMANCE OF THE WORK 3.19 Project Videotape. The Contractor shall produce and provide a project videotape to the Engineer as required by MAG Supplement Section 105.5.3. All costs associated with the Project videotape produced in accordance with this Section shall be deemed incidental. 3.20 Soil and Subsurface Conditions. In addition to conformance to MAG Specifications, Section 102.4 (Examination of Plans, Special Provisions and Site Work), the Contractor shall make its own determinations as to the soil and subsurface conditions, including rock, caliche and ground water and shall complete the Work in whatever material and under whatever conditions may be encountered or created, without extra cost to the Town pursuant to the provisions of the MAG Supplement Section 102.4.1. 3.21 Work Scheduling. Time is of the essence for this Contract. Contractor shall provide the Engineer with any requested scheduling information and a proposed schedule for performance of the Work within the Contract Time in a form acceptable to the Engineer and approved by the Engineer, in his sole and absolute discretion, providing for commencement and completion of the Work (the "Schedule"). The Schedule shall include the date for Substantial Completion of the Work. The Engineer may revise the Schedule during the course of the Work. Contractor, to induce the Town to enter into this Contract, has and does hereby agree to fully perform and complete the Work for the Contract Price within the Schedule. 3.22 Contractor's Representative. The Contractor or his authorized representative shall be present at the Work site at all times during working hours. Instructions and information provided by the Engineer to the Contractor's representative shall be considered as having been given to the Contractor, per MAG Supplement Section 105.5.2. 3.23 Prosecution of the Work. The Contractor shall prosecute the Work so that the portion of the Work completed at any point in time shall be not less than as required by the Schedule. If the delay is an Inexcusable Delay, as defined below, the Contractor shall prepare a recovery schedule for the Engineer's review and approval, showing how the Contractor will compensate for the delays and achieve Substantial Completion by the date(s) shown on the Schedule. If the Contractor is unable to demonstrate how it will overcome Inexcusable Delays, the Engineer may order the Contractor to employ such extraordinary measures as are necessary to bring the Work into conformity with the Substantial Completion date(s) set forth therein, the costs of which shall be included as part of the Cost of the Work. If the delay is an Excusable Delay, as defined below, the Engineer shall either (A) authorize an equitable extension in the Schedule to account for such delay, and equitably adjust the contract sum on account of such delay or (B) request that the Contractor prepare a recovery schedule showing how (if possible) the Contractor can achieve Substantial Completion by the applicable date shown on the Schedule, and equitably adjust the Contract Price in accordance with the provisions of this Contract on account of any extraordinary activities required of the Contractor on account of such recovery schedule. 3.24 Extensions of Time. A. Allowable Extensions. An extension in the scheduled date of Substantial Completion will only be granted in the event of Excusable Delays affecting the Schedule for the Work. The Contractor shall be entitled to general condition costs and extra costs related to the Excusable Delay for idle labor, equipment inefficiency and lost productivity of the performance of the Work. The Contractor must submit evidence reasonably satisfactory to the Town substantiating such costs. Such adjustment to the Price and Substantial Completion date shall be issued in a Change Order or Contract amendment, as applicable. B. Excusable Delay. To the extent any of the following events results in an actual delay in the Work, such shall constitute an "Excusable Delay" (to the extent not set forth below, a delay will be considered an "Inexcusable Delay"): Delays resulting from Force Majeure. 2979192.2 20 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 2. Differing, unusual or concealed site conditions that could not reasonably have been anticipated by the Contractor in preparing the Schedule, including, without limitation, archaeological finds and unusual soil conditions (including rock or other geological conditions), underground foundations, abandoned utility lines and water conditions. 3. Delays resulting from the existence or discovery of Hazardous Materials on the Site not brought to the Site by the Contractor. 4. Delays resulting from changes in Applicable Laws occurring after the date of execution of this Contract. Delays occurring due to the acts or omissions of the Town and those within the control of the Town. 6. Delays occurring due to the acts or omissions of a utility, so long as Contractor has coordinated with the utility causing the delay and the delay occurs despite reasonable steps taken by Contractor to avoid the delay. 7. Delays resulting from weather conditions that make it unreasonable to perform the Work in accordance with the Schedule; provided, however, that Contractor's Schedule shall be deemed to include 14 Days for weather delays (the "Expected Delay Days"), regardless of whether such weather delays are specifically set forth in the Schedule. Contractor shall notify the Town within 24 hours in writing of a weather related delay. If Contractor fails to give the required 24-hour notice, no such weather delay will be subtracted from the Expected Delay Days. Weather delays shall not be deemed "Excusable" unless all of the Expected Delay Days have been exhausted. 8. Delays resulting from Additional Work (defined below) that cannot be performed concurrently with the Work on the Schedule. C. Required Notice. In order to obtain an extension of time due to an Excusable Delay, the Contractor shall comply with the following requirements. The Contractor shall notify the Engineer in writing of the Excusable Delay as soon as practicable, but in no event more than seven Days after the Contractor becomes aware of the occurrence of the Excusable Delay. Such notice shall describe the Excusable Delay and shall state the approximate number of Days the Contractor expects to be delayed. After the cessation of the Excusable Delay, the Contractor shall notify the Engineer of the number of Days the Contractor believes that its activities were in fact delayed by the Excusable Delay. In the event that the delay arises as a result of a Change Order request by the Town, the request for an extension of time contained in the resulting Change Order proposal shall be deemed sufficient for purposes of this subsection. D. Determination. Within 10 Days after cessation of an event giving rise to either an Excusable Delay or Inexcusable Delay, the parties will use good faith efforts to agree on the extent to which the Work has been delayed and whether the delay is an Excusable Delay or an Inexcusable Delay. In the absence of agreement between the parties as to the then -current status of Excusable Delays and Inexcusable Delays, the Engineer will provide the Contractor with written notice of Engineer's determination of the respective number of Days of Excusable Delay and/or Inexcusable Delay. The Engineer's determination may be issued at such time as the Engineer deems reasonable, but not later than 10 Days after receipt by the Engineer of the Contractor's written request for such determination. The Contractor shall not, however, deem an issuance by the Engineer of such a determination to be a concurrence of the matters set forth in the Contractor's request. The Contractor may invoke the dispute resolution procedures set forth in Part D below with respect to such determination. E. Concurrent Delay. To the extent the Contractor is entitled to an extension of time due to an Excusable Delay, but the performance of the Work would have been suspended, delayed or interrupted by the 2979192.2 21 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 fault or neglect of the Contractor or by an Inexcusable Delay, the Contractor shall not be entitled to any additional costs for the period of such concurrency. 3.25 Liquidated Damages. It is expressly understood that should Contractor fail to complete the Work covered hereby within the Contract Time, the Contractor agrees to pay and shall pay to the Town upon request therefore for each Day of delay beyond the original or revised scheduled time of completion of Contractor's Work as liquidated damages, and not as a penalty, in the amount per Day as set forth in MAG Specifications for each Day of delay. A. Prior to Termination. If the Contract is not terminated, the Contractor shall continue performance and be liable to the Town for the liquidated damages until the Work is complete. B. After Termination. In the event the Town exercises its right of termination, the Contractor shall be liable to the Town for any excess costs and, in addition, for liquidated damages until such time as the Town may reasonably obtain delivery or performance of similar Services. 3.26 Suspension by the Town for Convenience. A. Town Determination. The Town may order the Contractor in writing to suspend, delay or interrupt all or any part of the Work without cause for such period of time as the Town may determine to be appropriate for its convenience. B. Contract Adjustments. Adjustments caused by suspension, delay or interruption shall be made for increases in the applicable contract sum and/or the date(s) of Substantial Completion. No adjustment shall be made if the Contractor is or otherwise would have been responsible for the suspension, delay or interruption of the Work, or if another provision of this Contract is applied to render an equitable adjustment. 3.27 Termination by the Town for Convenience. The Town may, upon 30 Days' written notice to the Contractor, terminate this Contract, in whole or in part, for the convenience of the Town without prejudice to any right or remedy otherwise available to the Town. Upon receipt of such notice, the Contractor shall immediately discontinue all Services affected unless such notice directs otherwise. In the event of a termination for convenience of the Town, the Contractor's sole and exclusive right and remedy shall be payment for all Work performed through the date of termination. The Contractor shall not be entitled to be paid any amount as profit for unperformed Services or consideration for the Town's termination by convenience. 3.28 Termination by the Town for Cause. A. Default, Cure. If the Contractor refuses or fails to supply sufficient properly skilled staff or proper Materials, or disregards laws, ordinances, rules, regulations, or orders of any public authority jurisdiction, or otherwise substantially violates or materially breaches any term or provision of this Contract, and such nonperformance or violation continues without cure for 15 Days after the Contractor receives written notice of such nonperformance or violation from the Town, then the Town may, without prejudice to any right or remedy otherwise available to the Town, terminate this Contract. B. Substitute Performance. Upon termination of this Contract by the Town, the Town shall be entitled to furnish or have furnished the Services to be performed hereunder by the Contractor by whatever method the Town may deem expedient. Also, in such case, the Contractor shall not be entitled to receive any further payment until completion of the Work, and the total compensation to the Contractor under this Contract shall be the amount that is equitable under the circumstances. If the Town and the Contractor are unable to agree on the amount to be paid under the foregoing sentence, the Town shall fix an amount, if any, that it deems appropriate in consideration of all of the circumstances surrounding such termination, and shall make payment accordingly. The Contractor may dispute the Town's assessment of the termination amount pursuant to the dispute resolution process set forth in in Part D of this Contract. 2979192.2 22 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 C. Contractor Insolvency. Upon the appointment of a receiver for the Contractor, or if the Contractor makes a general assignment for the benefit of creditors, the Town may terminate this Contract, without prejudice to any right or remedy otherwise available to the Town, upon giving three business days' written notice to the Contractor. If an order for relief is entered under the bankruptcy code with respect to the Contractor, the Town may terminate this Contract by giving three business days' written notice to the Contractor unless the Contractor or the trustee completes all of the following: Promptly cures all breaches within such three-day period. 2. Provides adequate assurances of future performance. Compensates the Town for actual pecuniary loss resulting from such breaches. 4. Assumes the obligations of the Contractor within the established time limits. 3.29 Contract Subject to Appropriation. The Town is obligated only to pay its obligations set forth in this Agreement as may lawfully be made from funds appropriated and budgeted for that purpose during the Town's then current fiscal year. The Town's obligations under this Agreement are current expenses subject to the "budget law" and the unfettered legislative discretion of the Town concerning budgeted purposes and appropriation of funds. Should the Town elect not to appropriate and budget funds to pay its Agreement obligations, this Agreement shall be deemed terminated at the end of the then -current fiscal year term for which such funds were appropriated and budgeted for such purpose and the Town shall be relieved of any subsequent obligation under this Agreement. The parties agree that the Town has no obligation or duty of good faith to budget or appropriate the payment of the Town's obligations set forth in this Agreement in any budget in any fiscal year other than the fiscal year in which this Agreement is executed and delivered. The Town shall be the sole judge and authority in determining the availability of funds for its obligations under this Agreement. The Town shall keep Contractor informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is not a general obligation or indebtedness of the Town. Contractor hereby waives any and all rights to bring any claim against the Town from or relating in any way to the Town's termination of this Agreement pursuant to this section. 3.30 Additional Work, Materials and/or Overtime. Contractor expressly agrees that if overtime or additional workers or materials are necessary to meet the Schedule, that such overtime will be performed or additional workers or materials will be procured by the Contractor, and the additional expense thereof shall be borne by Contractor unless the delay requiring overtime was directly caused by the Town, in which event Contractor shall be entitled to compensation for such overtime Work. If the Town requests Contractor to perform additional Work in connection with the Project ("Additional Work"), Contractor shall charge the Town a negotiated fixed amount for the Additional Work. In the event a fixed amount cannot be negotiated, Contractor shall invoice the Town on a time and materials basis for the Additional Work at the unit prices set forth in the price sheet. 3.31 No Damage for Delay or Additional Work by the Town. Contractor shall adjust its operations to conform to any progress schedule changes and hereby waives and releases the Town from any liability for damages or expenses that may be caused to or sustained by Contractor by reason of such changes or by reason of delays in the Work, whether caused in whole or in part by conduct on the part of the Town, including without limitation, any breach of this Contract or delays by other contractors or Subcontractors. Contractor's exclusive remedy in event of delay or Additional Work by the Town shall be an extension of time hereunder to complete the Work. 3.32 Risk of Loss. Contractor shall assume the risk of loss occasioned by fire, theft or other damage to Materials, machinery, apparatus, tools and equipment relating to the Work prior to actual installation in final place on the Project and acceptance by the Town. Contractor shall be responsible for damage to the Materials, 2979192.2 23 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 machinery, apparatus, tools, equipment and property of the Town and other contractors resulting from the acts or omissions of its Subcontractors, employees, agents, representatives Subcontractors, and for payment of the full costs of repair or replacement of any said damage. 3.33 Protection of Finished or Partially Finished Work. The Contractor shall properly guard and protect all finished or partially finished Work and shall be responsible for the same until the entire Contract is completed and accepted by the Engineer. The Contractor shall turn over the entire Work in full accordance with this Contract before final settlement shall be made. 3.34 Character and Status of Workers. Only skilled foremen and workers shall be employed on portions of the Work requiring special qualifications. When required by the Engineer, the Contractor shall discharge any person who is, in the opinion of the Engineer, disorderly, dangerous, insubordinate, incompetent or otherwise objectionable. The Contractor shall indemnify and hold harmless the Town from and against damages or claims for compensation that may occur in the enforcement of this Section. The Contractor shall be responsible for ensuring the legal working status of its employees and its Subcontractor's employees. The Contractor agrees that once assigned to Work under this Contract, key personnel shall not be removed or replaced without written notice to the Town. If key personnel are not available for Work under this Contract for a continuous period exceeding 30 Days, or are expected to devote substantially less effort to the Work than initially anticipated, the Contractor shall immediately notify the Town and shall, subject to the concurrence of the Town, replace such personnel with personnel of substantially equal ability and qualifications. 3.35 Work Methods. The methods, equipment and appliances used on the Work shall be such as will produce a satisfactory quality of Work, and shall be adequate to complete the Contract within the Contract Time. Except as is otherwise specified in this Contract, the Contractor's procedure and methods of construction may, in general, be of its own choosing, provided such methods (A) follow best general practice and (B) are calculated to secure results which will satisfy the requirements of this Contract. The Work covered by this Contract shall be carefully laid out in advance and performed in a manner to minimize interference with normal operation and utilization of the Town's right-of-way. The Contractor shall exercise caution during the course of this Work to avoid damage to all known existing or possible unknown existing underground utilities. It shall conduct its operations in such a manner as to avoid injury to its personnel and to avoid damage to all utilities. Any damage done will be repaired without delay and at the expense of the Contractor. 3.36 Safety Fencing Requirement for Trenches and Excavations. The Contractor shall provide safety construction fencing around all open trenches and excavations during all non -working hours. In addition, the Contractor shall provide safety fencing around the Project site during working hours in order to ensure public safety. The Contractor shall provide for the safety and welfare of the general public by adequately fencing all excavations and trenches that are permitted by the Engineer to remain open when construction is not in progress. Fencing shall be securely anchored to approved steel posts located not less than six feet on center, having a minimum height of six feet, and shall consist of wire mesh fabric of sufficient weight and rigidity to adequately span a maximum supporting post separation of six feet. The fencing, when installed about the periphery of excavations and trenches, shall form an effective barrier against intrusion by the general public into areas of construction. The Contractor, at all times when construction is not in progress, shall be responsible for maintaining the fencing in good repair, and upon notification by the Engineer, shall take immediate action to rectify any deficiency. Prior to the start of any excavation or trenching required for the execution of the proposed Work, the Contractor shall submit to the Engineer for approval, detailed plans showing types of materials and methods of fabrication for the protective fencing. There will be no separate measurement or payment for furnishing, installing, or maintaining protective fencing. The cost shall be considered incidental to the cost of any other structures for which trenching is necessary. 3.37 Plans and Shop Drawings, Samples and Substitution of Materials. All submittals shall conform to MAG Specifications, Section 105.2 (Plans and Drawings) as modified by the MAG Supplement. Contractor shall furnish, within three business days following request therefore by the Town, detailed drawings of the Work, 2979192.2 24 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 samples of Materials and other submittals required for the performance or coordination of the Work. Substitutions shall be equal or superior to Materials specified in the Contract Documents, shall be clearly identified on submittals as "proposed substitutions" and shall be approved by the Town in accordance with Section 2.4 above. Contractor shall be fully responsible for the adequacy, completeness and promptness of all such submittals. Materials shall not be furnished to the jobsite unless same is in strict compliance with the Specifications or otherwise approved in writing by the Town. Approval by the Town shall not relieve Contractor of full responsibility for compliance with scope, intent and performance in accordance with this Contract. 3.38 Utilities. A. Cooperation. The Contractor shall comply with the requirements of MAG Specifications 105.6, as modified by the MAG Supplement. B. Utilities Shown on the Plans. 1. Regardless of what utilities are shown on the plans, it shall be Contractor's responsibility to verify these locations and any additional lines which may exist through consulting with the Town, utility companies and "Blue Stake." 2. Existing utilities are indicated on Project plans in accordance with the best information available. Contractor shall notify all owners of utilities when its Work is in progress and shall make such arrangements as are necessary to make any emergency repair to any utility, in a manner satisfactory to the Town of a damaged utility line, including individual or house service utility lines. 3. No extra compensation will be made for the repair of any individual or house service utility or utility lines damaged by Contractor's labor forces or equipment, nor for any damage incurred through neglect or failure to provide protective barriers, lights and other devices or means required to protect such existing utilities. 4. Contractor shall expose all sanitary and storm sewers, water, gas, electric, telephone utility lines, and other underground structures that might interfere with the Work, in order to permit survey location prior to construction. 5. Contractor shall assume full responsibility for damages to any underground facility/utility properly shown on the Plans or properly located by the Utility owner, as a result of failing to obtain information as to its location, failing to excavate in a careful and prudent manner (as defined in MAG Specifications), or failing to take measures for protection of the facilities/utilities. The Contractor is liable to the owner of the underground facility/utility for the total cost of the repair. C. Utilities Not Shown on the Plans. 1. If utility lines are encountered that are not shown on the plans, and not located, or incorrectly located by the utility owner, other than individual or house service utility lines, and these lines are damaged or work is required to clear same, then MAG Specifications, Section 109.8 and Amz. REV. STAT. § 40-360.21 et seq. shall apply. 2. The work necessary for the raising, lowering, or relocating of any such utility shall be at the utility owner's expense. The necessary Work may be done by the utility owner or by Contractor, or as a collaborative effort, at the option of the utility owner. All Work shall be in accordance with the standards of the Town and the utility owner. 2979192.2 25 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 3. In most cases, individual or house service utility lines are not shown on the Plans. It shall be Contractor's responsibility to locate and protect these individual or house services. If, due to Contractor's operations, any of these lines are damaged, it shall repair or replace these lines in a manner satisfactory to the owner of the utility at no extra cost to the Town. In addition, the cost of location, protection, and working around these individual or house service utility lines shall be included in Contractor's bid for the Work under this Contract. 3.39 Sampling and Testing. Sampling and testing shall conform to the requirements of the MAG Specifications, Section 106, as modified by the MAG Supplement. The Contractor shall obtain an independent laboratory or testing company and pay all costs of testing required by the Contract Documents, including testing required by MAG, the Specifications, the Town and other jurisdictional bodies. A copy of all test results shall be furnished to the Engineer in a summary report submitted at the subsequent construction progress meeting (time and date to be set upon Contract award) for tests performed. At Substantial Completion, the Contractor shall submit a final test report containing all test results which certifies the Work complies with the Specifications. This report shall be sealed by a professional engineer registered in the State of Arizona who was responsible for overseeing the testing and sampling. 3.40 Cooperation between Contractors. The Contractor shall comply with the requirements of MAG Specifications, Section 105.7, as modified by the MAG Supplement. 3.41 Outdoor Construction Time Restrictions. Unless otherwise permitted by the Engineer, construction will be restricted as listed in the following table: May 15 — September 15 September 16 — May 14 5:30 a.m. to 6:30 p.m. 6:00 a.m. to 6:30 p.m. Construction Work shall not begin Work prior to 7:00 a.m. and shall stop by 5:00 p.m. on Saturdays. There shall be no Construction Work on Sundays and all Town, State and Federal holidays. 3.42 Construction Survey. Construction survey and as -built record drawings shall conform to the requirements of the MAG Specifications, Section 105.8 (Construction Stakes, Lines and Grades), as modified by the MAG Supplement. Contractor shall provide and pay for all building layout staking, including elevations and all other Project staking. Replacement of construction stakes that have been knocked out due to Contractor's Work or lack of Work, weather conditions, traffic, vandalism or utility contractors will be done at Contractor's expense. 3.43 Survey Control Points. Existing survey markers (either brass caps or iron pipes) shall be protected by the Contractor or removed and replaced under direct supervision of the Engineer. Survey monuments shall be constructed to the requirements of MAG Specifications, Section 405. Lot corners shall not be disturbed without knowledge and consent of the property owner. The Contractor shall replace benchmarks, monuments or lot corners moved or destroyed during construction at no expense to the Town. Contractor and its sureties shall be liable for correct replacement of disturbed survey benchmarks except where the Town elects to replace survey benchmarks using its own forces. 3.44 Stockpile of Materials. A. Engineer Approval. The Contractor may, if approved by the Engineer, place or stockpile Materials in the public right-of-way provided such Materials do not prevent access to adjacent properties or prevent compliance with traffic regulations. An encroachment permit shall be required. Any applicable cost shall be paid by the Contractor and shall be presumed to be part of the Contractor's bid. 2979192.2 26 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 B. No Traffic Interference. Traffic shall not be required to travel over stockpiled Materials and proper dust control shall be maintained. 3.45 Excess Materials. When excavations are made, resultant loose earth shall be (A) utilized for filling by compacting in place or (B) disposed of off-site. Excess or unsuitable material, broken asphaltic concrete and broken portland cement concrete excavated from the right-of-way shall be removed from the Project Site and disposed of by the Contractor. Waste material shall not be placed on private property without express permission of the property owner. The Contractor shall, at all times, keep the premises free from accumulation of waste materials or rubbish caused by its operations. At the completion of the Work, Contractor shall remove all equipment, tools and surplus materials, and shall completely clean the premises, removing and disposing of all debris and rubbish and cleaning all stains, spots, marks, dirt, smears or other blemishes. When the Work premises are turned over to the Town, they shall be thoroughly clean and ready for immediate use. Clean-up shall include removal of all excess pointing mortar materials within pipes and removal of oversized rocks and boulders left after finish grading. The Contractor shall provide for the legal disposal of all waste products and debris and shall make necessary arrangements for such disposal. 3.46 Dust Control and Water. Contractor shall implement dust control measures in accordance with MAG Specifications, Section 104.1, and the MAG Supplement. Installation and removal of fire hydrant meters should be scheduled at least three business days in advance through the Chaparral City Water Company. Watering shall conform to the provisions of MAG Specifications, Section 225. A deposit and installation fee in amounts set forth in the Chaparral City Water Company's fee schedule is required for each meter. The cost of the water is at the prevailing rate. 3.47 Storm Water. Contractor shall obtain all local, county, state and federal storm water permits. 3.48 Temporary Sanitary Facilities. The Contractor shall provide ample toilet facilities with proper enclosures for the use of workers employed on the Work site. Toilet facilities shall be installed and maintained in conformity with all applicable State and local laws, codes, regulations and ordinances and shall be properly lit and ventilated, and kept clean at all times. Adequate and satisfactory drinking water shall be provided at all times and under no circumstances and under no conditions will the use of common cups be permitted. The Contractor must supply sanitary drinking cups for the benefit of all employees. 3.49 Electric Power, Water and Telephone. Unless otherwise specified, the Contractor shall make its own arrangements for electric power, water and telephone as needed. Subject to the convenience of the utility, it may be permitted to connect to existing facilities where available, but Contractor shall meter and bear the cost of such power or water, and installation and disconnect of such power, water and telephone services. 3.50 Energized Aerial Electrical Power Lines. Utility companies may maintain energized aerial electrical power lines in the immediate vicinity of this Project. Contractor shall not presume any such lines to be insulated. Construction personnel working in proximity to these lines may be exposed to an extreme hazard from electrical shock. Contractor shall ensure that its employees and all other construction personnel working on this Project are warned of the danger and instructed to take adequate protective measures, including maintaining a minimum ten feet of clearance between the lines and all construction equipment and personnel. (see: OSHA Std. 1926.550 (a) 15, as amended). As an additional safety precaution, Contractor shall call the affected utility companies to arrange, if possible, to have these lines de -energized or relocated when the Work reaches their immediate vicinity. The cost of such temporary arrangements shall be borne by the Contractor. Contractor shall account for the time necessary to cause such utility disconnection in the preparation of its Bid. Electrical utility companies may maintain energized underground electrical power lines in the immediate vicinity of this Project. These power lines represent an extreme hazard of electrical shock to any construction personnel or equipment coming in contact with them. Arizona law requires all parties planning excavations in public rights-of-way to contact all utility firms for locations of their underground facilities. Contractor shall ensure that its employees and 2979192.2 27 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 all other personnel working near any underground power lines must be warned to take adequate protective measure. (see: OSHA Std. 1926-651 (A), as amended). 3.51 Site Clean Up. Contractor shall at all times, but not less than daily unless otherwise agreed by Town Representative, keep the premises on which the Work is being performed clean and free from accumulation of any waste materials, trash, debris and excess dirt, and at all times shall remove Contractor's implements, machinery, tools, apparatus and equipment from the jobsite when not needed on the jobsite. Should the Town Representative find it necessary in his/her opinion to employ help to clean up, remove or store any of the foregoing due to failure of Contractor to do so, the expense thereof shall be charged to Contractor. Verbal notice from the Town Representative on clean-up or removal is considered adequate notice hereunder, and failure to conform with his/her request within 24 hours thereof will be construed as a breach of this Contract by the Contractor and such charges will be made against Contractor's account as are necessary to accomplish the clean-up or removal. The cost of cleanup, removal or storage by the Town, if not deducted by the Town from monies due Contractor, shall be paid by Contractor within five business days of written demand by the Town. 3.52 Use of the Site. Contractor shall at all times comply fully with all laws, orders, citations, rules, regulations, standards and statutes with respect to occupational health and safety, the handling and storage of hazardous materials, accident prevention and safety equipment and practices, including any accident prevention and safety program of the Town; provided, however, that the Town shall not be required to impose any safety requirements or administer any such programs and the review or requirement of any safety plan by the Town shall not be deemed to release Contractor or in any way diminish its liability, by way of indemnity or otherwise, as assumed by it under this Contract. Contractor shall conduct inspections regularly to determine that safe working conditions and equipment exist and accepts sole responsibility for providing a safe place to Work for its employees and employees of its Subcontractors, laborers, suppliers of material and equipment and any other person visiting the Site, for adequacy of and required use of all safety equipment and for compliance herewith. When so ordered, Contractor shall stop any part of the Work that the Town deems unsafe until corrective measures satisfactory to the Town have been taken. Should Contractor neglect to adopt such corrective measures, the Town may do so and deduct the cost from payments due Contractor. Contractor shall timely submit copies of all accident or injury reports to the Town. 3.53 Public Information and Notification. The Contractor shall submit a public information and notification plan for this Project (the "Notification Plan") to the Town Representative at the first pre -construction meeting held prior to start of construction. The Notification Plan shall include, at a minimum, the items set forth in this Section 3.53; provided, however, that the Engineer may waive any portion of the requirements of this Section upon a written determination that the Project scope does not warrant such notification. Contractor shall provide Project information to affected residents and homeowners' associations prior to and throughout the Project's duration. The Contractor shall use the Notification Plan to inform the local citizens, businesses and Town officials, not less than five business days in advance, of (A) necessary operations that create high noise levels, (B) street closures, (C) detour locations, (D) haul routes and material delivery routes and (E) disruption of bus routes, mail routes and other delivery/pick-up routes. A. Intentionally omitted. B. Intentionally omitted. C. Public Meetings. The Contractor shall attend such public meetings as deemed necessary by the Town Manager or authorized designee. D. Press Releases. The Contractor shall, at the request of the Engineer, prepare press releases regarding the Project. E. Payment for Public Notification. The Town will pay, based on time and materials invoices, an amount not to exceed the amount designated in the Price Sheet and entitled COMMUNITY 2979192.2 28 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 RELATIONS, for Work performed in accordance with the Notification Plan. Work that is eligible for reimbursement includes: the "Dear Neighbor" letters; bi-monthly progress reports; meetings with impacted businesses, residents, schools, churches or other groups; scheduling newsletter when necessary (at least monthly); temporary signs for local access; and maintaining the Hotline. No payment will be made under this item for any Day during which there are substantial deficiencies in compliance, as determined by the Engineer. The Contractor shall submit a final report/evaluation of its Notification Plan process performed for this Project. The report shall be submitted before the Contractor receives final payment. PART C - MISCELLANEOUS 3.54 Applicable Law; Venue. This Contract shall be governed by the laws of the State of Arizona and suit pertaining to this Contract may be brought only in courts in Maricopa County, Arizona. 3.55 Conflict of Interest. This Contract is subject to the provisions of Aziz. REv. STAT. § 38-511. The Town may cancel this Contract without penalty or further obligations by the Town or any of its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting or creating this Contract on behalf of the Town or any of its departments or agencies is, at any time while the Contract or any extension of the Contract is in effect, an employee of any other party to the Contract in any capacity or a consultant to any other parry of the Contract with respect to the subject matter of the Contract. 3.56 Contract Amendments. This Contract may be modified only by a written amendment signed by persons duly authorized to enter into contracts on behalf of the Town and the Contractor; provided, however, that Change Orders may be issued and approved administratively by the Town when such changes do not alter the Contract Price. 3.57 Provisions Required by Law. Each and every provision of law and any clause required by law to be in the Contract will be read and enforced as though it were included herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, the Contract will promptly be physically amended to make such insertion or correction. 3.58 Severability. The provisions of this Contract are severable to the extent that any provision or application held to be invalid by a Court of competent jurisdiction shall not affect any other provision or application of the Contract which may remain in effect without the invalid provision or application. 3.59 Independent Contractor. It is clearly understood that each party will act in its individual capacity and not as an agent, employee, partner, joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other for any purpose whatsoever. The Contractor acknowledges and agrees that the Services provided under this Agreement are being provided as an independent contractor, not as an employee or agent of the Town. Contractor, its employees and subcontractors are not entitled to workers' compensation benefits from the Town. The Town does not have the authority to supervise or control the actual work of Contractor, its employees or subcontractors. The Contractor, and not the Town, shall determine the time of its performance of the services provided under this Agreement so long as Contractor meets the requirements of its agreed scope of work and the specifications, plans/construction drawings as set forth in Section 2.1 above and Exhibit A. Contractor is neither prohibited from entering into other contracts nor prohibited from practicing its profession elsewhere. Town and Contractor do not intend to nor will they combine business operations under this Agreement. 3.60 Entire Agreement; Interpretation -Parol Evidence. This Contract represents the entire agreement of the parties with respect to its subject matter, and all previous agreements, whether oral or written, entered into prior to this Contract are hereby revoked and superseded by this Contract. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in any other contemporaneous written agreement executed for the purposes of carrying out the provisions of this Contract. This Contract shall be construed and interpreted according to its plain meaning, and no presumption shall be 2979192.2 29 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 deemed to apply in favor of, or against the party drafting the Contract. The parties acknowledge and agree that each has had the opportunity to seek and utilize legal counsel in the drafting of, review of, and entry into this Contract. 3.61 Assignment; Delegation. No right or interest in this Contract shall be assigned or delegated by Contractor without prior, written permission of the Town, signed by the Town Manager. Any attempted assignment or delegation by Contractor in violation of this provision shall be a breach of this Contract by Contractor. 3.62 Subcontracts. No subcontract shall be entered into by the Contractor with any other party to furnish any of the Materials, Services or construction specified herein without the prior, written approval of the Town. The Contractor is responsible for performance under this Contract whether or not Subcontractors are used. 3.63 Rights and Remedies. No provision in this Contract shall be construed, expressly or by implication, as waiver by the Town of any existing or future right and/or remedy available by law in the event of any claim of default or breach of this Contract. The failure of the Town to insist upon the strict performance of any term or condition of this Contract or to exercise or delay the exercise of any right or remedy provided in this Contract, or by law, or the Town's acceptance of and payment for Materials or Services, shall not release the Contractor from any responsibilities or obligations imposed by this Contract or by law, and shall not be deemed a waiver of any right of the Town to insist upon the strict performance of this Contract. 3.64 Attorneys' Fees. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Contract or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys' fees and reasonable costs and expenses, determined by the court sitting without a jury, which shall be deemed to have accrued on the commencement of such action and shall be enforced whether or not such action is prosecuted through judgment. 3.65 Notices and Requests. Any notice or other communication required or permitted to be given under this Contract shall be in writing and shall be deemed to have been duly given if (A) delivered to the party at the address set forth below, (B) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (C) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: 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: Attn: or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this Section. Notices shall be deemed received (A) when delivered to the party, (B) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (C) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a 2979192.2 30 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 copy of a notice is also given to a party's counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 3.66 Overcharges Antitrust Violations. The Town maintains that, in practice, overcharges resulting from antitrust violations are borne by the purchaser. Therefore, to the extent permitted by law, the Contractor hereby assigns to the Town any and all claims for such overcharges as to the goods and services used to fulfill the Contract. 3.67 Force Majeure. Except for payment for sums due, neither party shall be liable to the other nor deemed in default under this Contract if and to the extent that such party's performance of this Contract is prevented by reason of force majeure. The term `force majeure" means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Without limiting the foregoing, force majeure includes acts of God; acts of the public enemy; war; riots; strikes; mobilization; labor disputes; civil disorders; fire; floods; lockouts, injunctions -intervention -acts, or failures or refusals to act by government authority; and other similar occurrences beyond the control of the party declaring force majeure which such party is unable to prevent by exercising reasonable diligence. The force majeure shall be deemed to commence when the party declaring force majeure notifies the other party, in accordance with Section 3.65, of the existence of the force majeure and shall be deemed to continue as long as the results or effects of the force majeure prevent the party from resuming performance in accordance with this Contract. Force majeure shall not include the following occurrences: A. Late Delivery. Late delivery of equipment or materials caused by congestion at a manufacturer's plant or elsewhere, an oversold condition of the market, inefficiencies or similar occurrences. B. Late Performance. Late performance by a Subcontractor unless the delay arises out of a force majeure occurrence in accordance with this Section 3.67. Any delay or failure in performance by either parry hereto shall not constitute default hereunder or give rise to any claim for damages or loss of anticipated profits if, and to the extent that such delay or failure is caused by force majeure. If either party is delayed at any time in the progress of the Work by force majeure, then the delayed party shall notify the other party in accordance with Section 3.65 and shall make a specific reference to this Section, thereby invoking its provisions. The delayed party shall cause such delay to cease as soon as practicable and shall notify the other party in writing. The time of Substantial Completion or Final Completion shall be extended by written Contract amendment for a period of time equal to the time that the results or effects of such delay prevent the delayed party from performing in accordance with this Contract. 3.68 Confidentiality of Records. The Contractor shall establish and maintain procedures and controls that are acceptable to the Town for the purpose of ensuring that information contained in its records or obtained from the Town or from others in carrying out its obligations under this Contract shall not be used or disclosed by it, its agents, officers, or employees, except as required to perform Contractor's duties under this Contract. Persons requesting such information should be referred to the Town. Contractor also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of Contractor as needed for the performance of duties under this Contract. 3.69 Records and Audit Rights. To ensure that the Contractor and its Subcontractors are complying with the warranty under Section 3.70 below, Contractor's and its Subcontractors' books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Contract, including the papers of any Contractor and its Subcontractors' employees who perform any Work or Services pursuant to this Contract (all of the foregoing hereinafter referred to as "Records"), shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit (1) evaluation and verification of any invoices, payments or claims based on Contractor's and its Subcontractors' actual costs (including direct and indirect costs and overhead allocations) incurred, or units expended directly in the performance of Work under this Contract and (2) evaluation of the 2979192.2 31 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 Contractor's and its Subcontractors' compliance with the Arizona employer sanctions laws referenced in Section 3.70 below. To the extent necessary for the Town to audit Records as set forth in this Section, Contractor and its Subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the Town shall have access to said Records, even if located at its Subcontractors' facilities, from the effective date of this Contract for the duration of the Work and until three years after the date of final payment by the Town to Contractor pursuant to this Contract. Contractor and its Subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this Section. The Town shall give Contractor or its Subcontractors reasonable advance notice of intended audits. Contractor shall require its Subcontractors to comply with the provisions of this Section by insertion of the requirements hereof in any subcontract pursuant to this Contract. 3.70 E -verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41-4401, the Contractor and its Subcontractors warrant compliance with all Federal immigration laws and regulations that relate to their employees and their compliance with the E -verify requirements under ARIZ. REV. STAT.§ 23-214(A). Contractor's or its Subcontractors' failure to comply with such warranty shall be deemed a material breach of this Contract and may result in the termination of this Contract by the Town. 3.71 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. 3.72 Right to Inspect Plant. The Town may, at reasonable times, inspect the part of the plant or place of business of the Contractor or Subcontractor that is related to the performance of this Contract. 3.73 Warranties. Contractor warrants to the Town that all Materials and equipment furnished shall be new unless otherwise specified and agreed by the Town and that all Work shall be of first class quality, free from faults and defects and in conformance with the Contract. If at any time within one year following the date of Final Completion and acceptance of the entire Project (or such longer period as may be provided under warranties for equipment or Materials): (A) any part of the Materials furnished in connection with the Work shall be or become defective due to defects in either labor or Materials, or both, or (B) Contractor's Work or Materials, or both, are or were not in conformance with original or amended Plans and Specifications, or supplementary shop drawings, then the Contractor shall upon written notice from the Town immediately replace or repair such defective or non- conforming Material or workmanship at no cost to the Town. Contractor further agrees to execute any special guarantees as provided by the Contract or required by law. Contractor shall require similar guarantees from all vendors and from all its Subcontractors. Contractor further agrees, upon written demand of the Town and during the course of construction, to immediately re -execute, repair or replace any Work that fails to conform to the requirements of the Contract, whether caused by faulty Materials or workmanship, or both. In the event Contractor shall fail or refuse to make such change upon the Town's written demand, the Town shall have the right to have such Work re -executed, repaired or replaced, to withhold from or back charge to Contractor all costs incurred thereby. 3.74 Inspection. All Materials and/or Services are subject to final inspection and acceptance by the Town. Materials and/or Services failing to conform to the Specifications of this Contract will be held at Contractor's risk and may be returned to the Contractor. If so returned, all costs are the responsibility of the Contractor. Upon discovery of non -conforming Materials or Services, the Town may elect to do any or all of the following by written notice to the Contractor: (A) waive the non-conformance; (B) stop the Work immediately; or (C) bring material or service into compliance and withhold the cost of same from any payments due to the Contractor. 3.75 No Replacement of Defective Tender. Every tender of Materials shall fully comply with all provisions of the Contract. If a tender is made which does not fully conform, this shall constitute a breach of the Contract as a whole. 2979192.2 32 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 3.76 Shipment Under Reservation Prohibited. Contractor is not authorized to ship Materials under reservation and no tender of a bill of lading will operate as a tender of the Materials. 3.77 Liens. All Materials, Service or construction shall be free of all liens and, if the Town requests, a formal release of all liens shall be delivered to the Town. 3.78 Licenses. Contractor shall maintain in current status all Federal, State and Local licenses and permits required for the operation of the business conducted by the Contractor as applicable to this Contract. 3.79 Patents and Copyrights. All Services, information, computer program elements, reports and other deliverables, which may be patented or copyrighted and created under this Contract are the property of the Town and shall not be used or released by the Contractor or any other person except with the prior written permission of the Town. 3.80 Preparation of Specifications by Persons other than Town Personnel. All Specifications shall seek to promote overall economy for the purposes intended and encourage competition and not be unduly restrictive in satisfying the Town's needs. No person preparing Specifications shall receive any direct or indirect benefit from the utilization of Specifications, other than fees paid for the preparation of Specifications. 3.81 Advertising. Contractor shall not advertise or publish information concerning this Contract without prior, written consent of the Town. 3.82 ConflictingTerms. erms. In the event of any inconsistency, conflict or ambiguity among the terms of the Contract, the IFB, the Scope of Work, any Town -approved Purchase Order, the Price Sheet, any Town - approved Work Orders, invoices and the Contractor's response to the IFB, the documents shall govern in the order listed herein. PART D - ALTERNATIVE DISPUTE RESOLUTION 3.83 Scope. Notwithstanding anything to the contrary provided elsewhere in the Contract Documents, except for subsection 3.86(G) below, the alternative dispute resolution ("ADR") process provided for herein shall be the exclusive means for resolution of claims or disputes arising under, relating to or touching upon the Contract, the interpretation thereof or the performance or breach by any party thereto, including but not limited to original claims or disputes asserted as cross claims, counterclaims, third party claims or claims for indemnity or subrogation, in any threatened or ongoing litigation or arbitration with third parties, if such disputes involve parties to contracts containing this ADR provision. 3.84 Neutral Evaluator, Arbitrators. The Town will select a Neutral Evaluator to serve as set forth in this ADR process, subject to the Contractor's approval, which approval shall not be unreasonably withheld. In the event that the Town and the Contractor are unable to agree upon a Neutral Evaluator, the neutral evaluation process shall be eliminated and the parties shall proceed with the binding arbitration process set forth in Section 3.86 below. The Town and Contractor shall each select an arbitrator to serve as set forth in this ADR process. Each arbitrator selected shall be a member of the State Bar of the State of Arizona and shall have experience in the field of construction law. None of the arbitrators nor any of the arbitrator's firms shall have presently, or in the past, represented any party to the arbitration. 3.85 Neutral Evaluation Process. If the parties have been unable to resolve the disputes after discussions and partnering, but the parties have agreed to a Neutral Evaluator, the following neutral evaluation process shall be used to resolve any such dispute. A. Notification of Dispute. The Town through its Engineer shall notify the Neutral Evaluator in writing of the existence of a dispute within 10 Days of the Town or the Contractor declaring need to commence the neutral evaluation process. 2979192.2 33 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 B. Non -Binding Informal Hearing. The Neutral Evaluator shall schedule a non-binding informal hearing of the matter to be held within seven Days from receipt of notification of the existence of a dispute. The Neutral Evaluator may conduct the hearing in such manner as he deems appropriate and shall notify each party of the hearing and of its opportunity to present evidence it believes will resolve the dispute. Each party to the dispute shall be notified by the Neutral Evaluator that it shall submit a written outline of the issues and evidence intended to be introduced at the hearing and the proposed resolution of the dispute to the Neutral Evaluator before the hearing commences. Arbitrators shall not participate in such informal hearing or proceedings process. The Neutral Evaluator is not bound by the rules of evidence when admitting evidence in the hearing and may limit the length of the hearing, the number of witnesses or any evidence introduced to the extent deemed relevant and efficient. C. Non -Binding Decision. The Neutral Evaluator shall render a non-binding written decision as soon as possible, but not later than five Days after the hearing. 3.86 Binding Arbitration Procedure. The following binding arbitration procedure, except as provided in subsection 3.86(G) below, shall serve as the exclusive method to resolve a dispute if (A) the parties cannot agree to a Neutral Evaluator as set forth in Section 3.84 above or (B) any party chooses not to accept the decision of the Neutral Evaluator. The party requesting binding arbitration shall notify the Neutral Evaluator of a request for arbitration in writing within three business days' of receipt of the Neutral Evaluator's decision. If the Contractor requests arbitration or if Contractor rejects the Town's selection of a Neutral Evaluator, it shall post a cash bond with the Neutral Evaluator in an amount agreed upon by the parties or, in the event of no agreement, the Neutral Evaluator shall establish the amount of the cash bond to defray the cost of the arbitration as set forth in subsection 3.86(M) and the proceeds from the bond shall be allocated in accordance with subsection 3.86(M) by the Arbitration Panel. A. Arbitration Panel. The Arbitration Panel shall consist of three arbitrators: the Town's appointed arbitrator, the Contractor's appointed arbitrator and a third arbitrator (or "Neutral Arbitrator") who shall be selected by the parties' arbitrators as set forth in subsection 3.86(B) If more than one consultant or contractor is involved in a dispute, the consultants and/or contractors shall agree on an appointee to serve as arbitrator. The Neutral Evaluator shall not participate in the proceedings. B. Selection of Neutral Arbitrator. The parties' arbitrators shall choose the Neutral Arbitrator within five business days of receipt of notification of a dispute from the Neutral Evaluator. The Neutral Arbitrator shall have the same qualifications as those of the arbitrators set forth in subsection 3.84. In the event that the selected arbitrators cannot agree on the Neutral Arbitrator as set forth above, the Neutral Arbitrator shall be the "Default Neutral Arbitrator," a person or entity jointly selected by the Town and the Contractor. If the Town and the Contractor cannot agree on a Default Neutral Arbitrator, the Town and the Contractor shall each submit two names to an appropriate judge who shall select one person to serve as the Default Neutral Arbitrator. C. Expedited Hearing. The parties have structured this procedure with the goal of providing for the prompt, efficient and final resolution of all disputes falling within the purview of this ADR process. To that end, any party can petition the Neutral Evaluator to set an expedited hearing. If the Neutral Evaluator determines that the circumstances justify it, the Neutral Evaluator shall contact the selected Arbitration Panel and arrange for scheduling of the arbitration at the earliest possible date. In any event, the hearing of any dispute not expedited will commence as soon as practical but in no event later than 20 Days after notification of request for arbitration having been submitted. This deadline can be extended only with the consent of all the parties to the dispute, or by decision of the Arbitration Panel upon a showing of emergency circumstances. D. Procedure. The Arbitration Panel will select a Chairman and will conduct the hearing in such a manner that will resolve disputes in a prompt, cost efficient manner giving regard to the rights of all parties. Each party shall supply to the Arbitration Panel a written pre -hearing statement which shall contain a brief statement of the nature of the claim or defense, a list of witnesses and exhibits, a brief description of the subject 2979192.2 34 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 matter of the testimony of each witness who will be called to testify, and an estimate as to the length of time that will be required for the arbitration hearing. The Arbitration Panel shall review and consider the Neutral Evaluator decision, if any. The Chairman shall determine the nature and scope of discovery, if any, and the manner of presentation of relevant evidence consistent with deadlines provided herein and the parties' objective that disputes be resolved in a prompt and efficient manner. No discovery may be had of any materials or information for which a privilege is recognized by Arizona law. The Chairman upon proper application shall issue such orders as may be necessary and permissible under law to protect confidential, proprietary or sensitive materials or information from public disclosure or other misuse. Any party may make application to the Maricopa County Superior Court to have a protective order entered as may be appropriate to confirm such orders of the Chairman. E. Hearing Days. In order to effectuate parties' goals, the hearing once commenced, will proceed from business day to business day until concluded, absent a showing of emergency circumstances. F. Award. The Arbitration Panel shall, within 10 Days from the conclusion of any hearing, by majority vote issue its award. The award shall include an allocation of fees and costs pursuant to subsection 3.86(M) herein. The award is to be rendered in accordance with this Contract and the laws of the State of Arizona. G. Scope of Award. The Arbitration Panel shall be without authority to award punitive damages, and any such punitive damage award shall be void. The Arbitration Panel shall be without any authority to issue an award against any individual party in excess of twenty percent (20%) of the original Contract amount, but in no event shall any award exceed $2,000,000, exclusive of interest, arbitration fees, costs and attorneys' fees. If an award is made against any individual party in excess of $100,000, exclusive of interest, arbitration fees, costs and attorneys' fees, it must be supported by written findings of fact, conclusions of law and a statement as to how damages were calculated. Any claim in excess of twenty percent (20%) of the original Contract amount or in excess $2,000,000 shall be subject to the jurisdiction of the Superior Court of Arizona, Maricopa County. Any party can contest the validity of the amount claimed if an action is filed in the Superior Court. H. Jurisdiction. The Arbitration Panel shall not be bound for jurisdictional purposes by the amount asserted in any parry's claim, but shall conduct a preliminary hearing into the question of jurisdiction upon application of any party at the earliest convenient time, but not later than the commencement of the arbitration hearing. I. Entry of Judgment. Any party can make application to the Maricopa County Superior Court for confirmation of an award, and for entry of judgment on it. J. Severance and Joinder. To reduce the possibility of inconsistent adjudications: (1) the Neutral Evaluator or the Arbitration Panel may, at the request of any party, join and/or sever parties, and/or claims arising under other contracts containing this ADR provision, and (2) the Neutral Evaluator, on his own authority, or the Arbitration Panel may, on its own authority, join or sever parties and/or claims subject to this ADR process as they deem necessary for a just resolution of the dispute, consistent with the parties' goal of the prompt and efficient resolution of disputes, provided, however, that the Contractor, Architect/Engineer and Project professionals shall not be joined as a party to any claim made by a Contractor. Nothing herein shall create the right by any party to assert claims against another party not germane to the Contract or not recognized under the substantive law applicable to the dispute. Neither the Neutral Evaluator nor the Arbitration Panel are authorized to join to the proceeding parties not in privity with the Town. Contractor cannot be joined to any pending arbitration proceeding, without Contractor's express written consent, unless Contractor is given the opportunity to participate in the selection of the non -Town appointed arbitrator. K. Appeal. Any party may appeal (1) errors of law by the Arbitration Panel if, but only if, the errors arise in an award in excess of $100,000, (2) the exercise by the Chairman or Arbitration Panel of any powers contrary to or inconsistent with the Contract or (3) on the basis of any of the grounds provided in ARIZ. REv. STAT. § 12-1512, as amended. Appeals shall be to the Maricopa County Superior Court within 15 Days of 2979192.2 35 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 entry of the award. The standard of review in such cases shall be that applicable to the consideration of a motion for judgment notwithstanding the verdict, and the Maricopa County Superior Court shall have the authority to confirm, vacate, modify or remand an award appealed under this Section, but not to conduct a trial, entertain the introduction of new evidence or conduct a hearing de novo. L. Uniform Arbitration Act. Except as otherwise provided herein, binding arbitration pursued under this provision shall be governed by the Uniform Arbitration Act as codified in Arizona in Aziz. REv. STAT. § 12-1501, et seq. M. Fees and Costs. Each party shall bear its own fees and costs in connection with any informal hearing before the Neutral Evaluator. All fees and costs associated with any arbitration before the Arbitration Panel, including without limitation the Arbitration Panelists' fee, and the prevailing party's reasonable attorneys' fees, expert witness fees and costs, will be paid by the non -prevailing party, except as provided for herein. In no event shall any Arbitrator's hourly fees be awarded in an amount in excess of $200 per hour and (1) costs shall not include any travel expenses in excess of mileage at the rate paid by the Town, not to exceed a one way trip of 150 miles, and (2) all travel expenses, including meals, shall be reimbursed pursuant to the travel policy of the Town in effect at the time of the hearing. The determination of prevailing and non -prevailing parties, and the appropriate allocation of fees and costs, will be included in the award by the Arbitration Panel. Fees for the Neutral Evaluator shall be divided evenly between the Town and the Contractor. N. Confidentiality. Any proceeding initiated under ADR shall be deemed confidential to the maximum extent allowed by Arizona law and no party shall, except for disclosures to a party's attorneys or accountants, make any disclosure related to the disputed matter or to the outcome of any proceeding except to the extent required by law, or to seek interim equitable relief, or to enforce an agreement reached by the parties or an award made hereunder. O. Equitable Litigation. Notwithstanding any other provision of ADR to the contrary, any party can petition the Maricopa County Superior Court for interim equitable relief as necessary to preserve the status quo and prevent immediate and irreparable harm to a party or to the Program pending resolution of a dispute pursuant to ADR provided herein. No court may order any permanent injunctive relief except as may be necessary to enforce an order entered by the Arbitration Panel. The fees and costs incurred in connection with any such equitable proceeding shall be determined and assessed in ADR. P. Change Order. Any award in favor of the Contractor against the Town or in favor of the Town against the Contractor shall be reduced to a Change Order and executed by the parties in accordance with the award and the provisions of this Contract. Q. Merger and Bar. Any claim asserted pursuant to this ADR process shall be deemed to include all claims, demands, and requests for compensation for costs and losses or other relief, including the extension of the Contract performance period which reasonably should or could have been brought against any party that was or could have been brought into this ADR process, with respect to the subject claim. The Arbitration Panel shall apply legal principles commonly known as merger and bar to deny any claim or claims against any party regarding which claim or claims recovery has been sought or should have been sought in a previously adjudicated claim for an alleged cost, loss, breach, error, or omission. R. Inclusion in Other Contracts. The Contractor shall cooperate with the Town in efforts to include this ADR provision in all other Project contracts. Subject to Contractor's reasonable agreement, the Contractor agrees that any modification to this ADR provision that is included in the construction or other contracts shall also apply to the Contractor. It is the intent of the parties that any changes to this ADR provision in later contracts will be evolutionary and designed to incorporate the terms of this ADR provision without material changes to the substance or procedure of this ADR provision. 2979192.2 36 EXHIBIT A TO INVITATION FOR BIDS NO. CS 2017-01 [Specifications, Plans/Construction Drawings] See following pages. 2979192.2 r" AIN L 3 flrbat is AY��ap ITO I�� Fountain Hills TECHNICAL SPECIFICATIONS (Special Provisions) TOWN OF FOUNTAIN HILLS Adero Canyon Trail Head PROJECT NO. P3025 Volume 1 of 2 Site Specifications Prepared for: Town of Fountain Hills Community Services Department Fountain Hills Town Hall 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 Prepared by: J2 Engineering and Environmental Design 4649 E. Cotton Gin Loop, Ste. B2 Phoenix, AZ 85040 (602) 438-2221 June 5, 2017 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT P3025 Table of Contents Title Page No. Cover Page 1 Table of Contents i -ii Professional Seal Page 2 Reference Standard Specifications 3-4 Project Conditions 5-12 SECTION 101 Abbreviations and Definitions 13 SECTION 105 Control of Work 14-17 SECTION 106 Control of Materials 18 SECTION 107 Legal Regulations and Responsibility to Public - AZPDES 19-22 SECTION 107 Legal Regulations and Responsibility to Public — Blasting 23-38 SECTION 109 Measurements and Payments 39 SECTION 201 Clearing and Grubbing 40-41 SECTION 205 Roadway Excavation 42-45 SECTION 206 Structure Excavation and Backfill 46 SECTION 211 Fill Construction 47-49 SECTION 220 Rip Rap Construction 50-55 SECTION 301 Subgrade Preparation 56 SECTION 310 Placement and Construction of Aggregate Base Course 57-58 SECTION 321 Asphalt Concrete Pavement 59 SECTION 324 Portland Cement Concrete Street Pavement 60-62 SECTION 329 Tack Coat 63 SECTION 340 Concrete Curb, Gutter, Sidewalk, Driveway and Alley Entrance 64-66 SECTION 343 Exposed Aggregate Paving 67-68 SECTION 401 Traffic Control 69 P:\160897.003\Admin\Specs\Bid Set\Adero Canyon TH-Site Specs -Bid Set_06-05-2017.doc Adero Canyon Trail Head TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT P3025 SECTION 424 Parkway Grading 70 SECTION 430 Landscaping and Planting 71-81 SECTION 432 Plant Salvage 82-99 SECTION 433 Native Seeding 100-109 SECTION 440 Sprinkler Irrigation System Installation 110-128 SECTION 505 Concrete Structures 129-131 SECTION 515 Steel Structures 132-135 SECTION 520 Steel and Aluminum Handrails 136 SECTION 610 Water Line Construction 137 SECTION 618 Storm Drain Construction 138 SECTION 625 Manhole Construction and Drop Sewer Connections 139 SECTION 630 Tapping Sleeves, Valves and Valve Boxes on Water Lines 140 SECTION 631 Water Taps and Meter Service Connections 141 SECTION 735 Reinforced Concrete Pipe 142 SECTION 757 Sprinkler Irrigation System 143-144 SECTION 791 Desert Varnish Stain 145-147 SECTION 800 Electrical and Lighting 148-157 SECTION 900 Site Furnishings 158-160 SECTION 910 Entry Signage 161-162 SECTION 915 Automatic Gate Opening and Closing System (BID ALTERNATE) 163-165 SECTION 920 Access Control Gates to Fire Road Main Entry Gates 166-168 SECTION 925 Interim Utilities (BID ALTERNATE) 169-174 SITE GEOTECHNICAL REPORTS APPENDIX NA MCO AB STOCKPILE TEST RESULTS APPENDIX NA TOWN OF FOUNTAIN HILLS SAGUARO CACTUS PERMIT APPENDIX NA P:\160897.003\Admin\Specs\Bid Set\Adero Canyon TH-Site Specs -Bid Set_06-05-2017.doc Adero Canyon Trail Head TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT P3025 PROFESSIONAL SEALS: This book of specifications and related contract documents represents the efforts of the following firms: (1) J2 Engineering and Environmental Design, LLC. (J2) (Landscape Architecture) (2) J2 Engineering and Environmental Design, LLC. (J2) (Civil Engineering) (3) Wright Engineering (Electrical Engineering) A registrant of each firm has affixed his/her professional seal below, which attests that those portions of these specifications, which relate to their respective discipline area, were prepared under his/her direction. J2 - Landscape Architecture J2 - Civil Engineering �cA- 23430 JEFFREY M. ENCELMANNJ, x�i�re G9f3(}12�±17 Wright Engineering — Electrical Engr. ff���i1 0. 'k V c 0 t 0 57159 fLII-FORD M. T{ LMAN ¢ 2-28-77 rP '�+ net...... xaires 3-31-17 See "Volume 2 Restroom Specifications" that are sealed and stand alone set of specifications for all restroom building specifications. PA160897.003\Admin\Specs\Bid Set\Adero Canyon TH-Site Specs -Bid Set_06-05-2017.doc Adero Canyon Trail Head 2 Remainder of this document is on the Town's website at hqp://www.fh.az.gov/Bids.aspx and is incorporated herein by reference. 2979192.2 J2 Design Team IF j r t �ry � PROJECT SPECIFICATIONS For 100% Set Town of Fountain Hills Adero Canyon Trailhead Volume 2 Restroom Specifications MARCH 2017 Prepared by Orcutt Winslow 3003 North Central Avenue Sixteenth Floor Phoenix, Arizona 85012 /Volumes/Projects/2016/2016_135_ AderoCanyonTrailheadBidDocuments/3_Project Manual/Client Standards/Volume 2 Town of Fountain Hills Adero Canyon Trailhead - Cover & TC[21.docx J2 Design Team Technical Specifications Volume 2 Building Ij 18963 A H. NEIL o TERRY expires 09/30/19 100% Set Adero Canyon Trailhead — Town of Fountain Hills T - 1 of 3 ADERO CANYON TRAILHEAD BID DOCUMENTS FOR J2 ENGINEERING AND ENVIRONMENTAL DESIGN, LLC PROJECT MANUAL 100% CONSTRUCTION DOCUMENTS MARCH 3, 2017 ORCUTt WINSLOW ARCHITECTURE PLANNING INTERIOR DESIGN 3003 NORTH CENTRAL AVENUE, 16TH FLOOR PHOENIX, ARIZONA 85012 (602) 257-1764 Ol W #2016135 THIS PROJECT MANUAL IS AN INSTRUMENT OF SERVICE AND THE PROPERTY OF ORCUTT I WINSLOW AND SHALL REMAIN THEIR PROPERTY. THE USE OF THIS PROJECT MANUAL SHALL BE RESTRICTED TO THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED. © COPYRIGHT MARCH 2017 TABLE OF CONTENTS DOCUMENT TITLE NO. OF PAGES T.S. TITLE SHEET 3 T.O.C. TABLE OF CONTENTS 3 BIDDING INFORMATION NOT USED CONTRACT FORMS NOT USED DIVISION 2 — EXISTING CONDITIONS NOT USED DIVISION 1 - GENERAL REQUIREMENTS 01 1100 SUMMARY OF THE WORK 2 01 2613 CONTRACTOR'S REQUEST FOR INTERPRETATION (RFI) 2 01 2976 PROGRESS PAYMENT PROCEDURES 3 01 2980 CONDITIONAL WAIVER FOR PROGRESS PAYMENTS 1 012981 UNCONDITIONAL WAIVER FOR PROGRESS PAYMENTS 1 01 2982 CONDITIONAL WAIVER FOR FINAL PAYMENT 1 01 2983 UNCONDITIONAL WAIVER FOR FINAL PAYMENT 1 013113 PROJECT COORDINATION 2 01 3119 PROJECT MEETINGS 1 01 3217 CONSTRUCTION SCHEDULE 2 01 3300 SUBMITTAL PROCEDURES 1 01 3301 SUBSTITUTION OF MATERIALS OR PRODUCTS DURING CONSTRUCTION 5 01 4200 REFERENCES 1 01 4500 QUALITY CONTROL 3 01 5000 TEMPORARY FACILITIES AND CONTROLS 2 01 6000 PRODUCT REQUIREMENTS 1 01 7329 CUTTING AND PATCHING 1 01 7500 STARTING AND ADJUSTING 2 01 7700 CLOSEOUT PROCEDURES 6 DIVISION 2 — EXISTING CONDITIONS NOT USED DIVISION 6 — WOOD, PLASTICS, AND COMPOSITES NOT USED OJ W #2016_135 T of C, Page 1 DIVISION 3 - CONCRETE 033300 CAST -IN-PLACE CONCRETE 6 DIVISION 4 - MASONRY 042200 CONCRETE UNIT MASONRY 9 DIVISION 5 - METALS 05 1200 STRUCTURAL STEEL FRAMING 3 053100 STEEL DECKING 3 DIVISION 6 — WOOD, PLASTICS, AND COMPOSITES NOT USED OJ W #2016_135 T of C, Page 1 DOCUMENT TITLE NO. OF PAGES DIVISION 11 -EQUIPMENT NOT USED DIVISION 12 - FURNISHINGS NOT USED DIVISION 13 - SPECIAL CONSTRUCTION NOT USED DIVISION 14 - CONVEYING SYSTEMS NOT USED DIVISION 21 — FIRE SUPPRESSION NOT USED DIVISION 22 —PLUMBING NOT USED DIVISION 23 — HEATING. VENTILATING, AND AIR-CONDITIONING (HVAC) NOT USED DIVISION 25 — INTEGRATED AUTOMATION NOT USED DIVISION 26 — ELECTRICAL NOT USED DIVISION 27 — COMMUNICATIONS NOT USED DIVISION 28 — ELECTRONIC SAFETY AND SECURITY NOT USED DIVISION 31 - EARTHWORK NOT USED OJ W #2016_135 T of C, Page 2 DIVISION 7 - THERMAL AND MOISTURE PROTECTION 074000 ROOFING AND SIDING PANELS 5 076200 SHEET METAL FLASHING AND TRIM 3 079200 JOINT SEALANTS 4 DIVISION 8 - OPENINGS 081113 HOLLOW METAL DOORS AND FRAMES 3 083116 ACCESS PANELS AND FRAMES 2 086300 METAL FRAMED SKYLIGHT 4 089100 WALL LOUVERS 2 DIVISION 9 - FINISHES 099100 PAINTING AND COATING 5 DIVISION 10 -SPECIALTIES 102813 TOILET ACCESSORIES 3 DIVISION 11 -EQUIPMENT NOT USED DIVISION 12 - FURNISHINGS NOT USED DIVISION 13 - SPECIAL CONSTRUCTION NOT USED DIVISION 14 - CONVEYING SYSTEMS NOT USED DIVISION 21 — FIRE SUPPRESSION NOT USED DIVISION 22 —PLUMBING NOT USED DIVISION 23 — HEATING. VENTILATING, AND AIR-CONDITIONING (HVAC) NOT USED DIVISION 25 — INTEGRATED AUTOMATION NOT USED DIVISION 26 — ELECTRICAL NOT USED DIVISION 27 — COMMUNICATIONS NOT USED DIVISION 28 — ELECTRONIC SAFETY AND SECURITY NOT USED DIVISION 31 - EARTHWORK NOT USED OJ W #2016_135 T of C, Page 2 DOCUMENT TITLE NO. OF PAGES DIVISION 32 — EXTERIOR IMPROVEMENTS NOT USED �\FICq TF\ 18963 H. NEIL TERRY y \nea 313 expires 09/30/19 OJ W #2016_135 T of C, Page 3 Remainder of this document is on the Town's website at hqp://www.fh.az.gov/Bids.aspx and is incorporated herein by reference. 2979192.2 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT P3025 Ramada STRUCTURAL CALCULATIONS For Town of Fountain Hills Adero Canyon Trailhead Restroom Building Prepared by Structural Grace 1430 E Fort Lowell Rd Suite 200 Tucson, AZ 85719 P:\160897.003\J2Cad\Submittals\100%\Structural Grace\Cover for Ramada StructuralCalCS.doc Adero Canyon Trail Head- 1 - Y E 1 J�5iEl rl 6./ 6) 1EC � Mra'Ati-1 P,rt_ PL STRUCTURAL CALCULATIONS FZF_V4:7i=LP 1{{.6i( jl1Py'^��.- E�'Lj7Liian+I10I`J�a ON' Iva Vit /ln' 04;i6 Fountain Hills Ramada July 6, 2006 N0fiC—s l" Cir cf coia'(041ong ii�iel� �'od�,y �h- d�lrr,»���naE �vidC�fin�t Cade CIl3Gi 1 �QO,� l07• N���'1i,'t1wiP1 �CSir�i'1 l�®a�5 ter w`�'u�ld���� ��nr,� {,rf['ier 3�,..c'��ctr'S ?iSCL 7�G'� ' W ta�Pot eks a ri C, -de.) #`E �1. lnFcolaatr6nai mind','+ cede Ci&) Wo? Des, jn l -cads k, t3Jala n3 ure6l ONC SFr_cl��rey ,Vjaiw 7.10 `, i�r�G�ScalLat ctc q �,.,r�llec 'rinGrrt t it at,,�• ��xl' C4 r— t11 Ic'+C 4S 1430 F. Fort Lowell Road, Suite 200 +Tucson, AZ 85719 # Tel (520) 320-0156 # Fax (520) 320-0157 Remainder of this document is on the Town's website at hqp://www.fh.az.gov/Bids.aspx and is incorporated herein by reference. 2979192.2 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT P3025 BUILDING Special Inspection & Testing Agreement For Town of Fountain Hills Adero Canyon Trailhead Restroom Building Prepared by Orcutt Winslow 3003 North Central Avenue Sixteenth Floor Phoenix, Arizona 85012 P:\160897.003\J2Cad\Submittals\100%\OWP\Cover for Special Inspection and Testing Agreement. doc Adero Canyon Trail Head- 1 - zAlw # v o s i • that is Asti°� Town of Fountain Hills Building Safety Department Special Inspection and Testing Agreement Project name: McDowell Mountain Preserve Address: Adero Trailhead Bathrooms Date: Bldg. Permit # SPECIAL INSPECTION REO UIREMENTS UNDER IBC CK 17 Before a building permit may be issued, the owner, or owner's agent must submit two completed copies of this agreement, a resume' or other documentation of the special inspector(s) qualifications and certifications, and the attached special inspection and testing schedule for review and approval by the building official. The building official may require a personal interview with proposed special inspection personnel prior to their approval. A pre -construction conference may also be required to review the special inspection requirements and procedures. DUTIES AND RESPONSIBILITIES OF THE SPECIAL INSPECTOR In addition to the requirements prescribed under IBC Ch. 17, the following constitute the duties and responsibilities of the special inspector. 1. Observe On-site Work — The special inspector must observe the work for conformance with the design drawings and specifications approved and stamped by the building department. Unless specifically approved by the building official, the special inspector must provide continuous observation of all work under their charge. Periodic special inspections may be allowed by the building official upon receipt of a separate written plan submitted by the design professional in responsible charge. 2. Report Nonconforming Items — The special inspector must bring nonconforming items to the immediate attention of the contractor and note all such items in the daily report. If any item is not resolved in a timely manner or is about to be incorporated in the work, the special inspector shall immediately notify the building official, the design professional in responsible charge, and must post a discrepancy notice on site. 3. Furnish Daily Reports — Special inspectors must complete and sign both the special inspection record and the daily report form for each day's inspections. Daily reports and records must be retained at the job site for review by the building official. 4. Furnish Weekly Reports — The special inspector or inspection agency must furnish weekly reports of tests and inspections directly to the building official, design professional in responsible charge, and others as designated. These reports must include: a. Descriptions of daily inspections and tests made with applicable locations; b. A listing of all nonconforming items; c. Reports on how nonconforming items were resolved or unresolved as applicable; and d. Itemized changes authorized by the design professional in responsible charge and building department if not included in nonconformance items. All changes must have the prior approval of the building official. 5. Furnish Final Report — The special inspector or inspection agency must submit a final signed report to the building official stating that all items requiring special inspection and testing were inspected and to the best of his/her knowledge, are in conformance with the approved design drawings, specifications, approved change orders, and applicable workmanship standards of the Fountain Hills building code. Items not in conformance, unresolved items or any discrepancies in inspection coverage (i.e. missed inspections, unauthorized periodic inspections, etc.) shall be specifically itemized on this report. CONTRACTOR RESPONSIBILITIES In addition to the requirements prescribed under IBC Ch. 17, the following constitute the duties and responsibilities of the contractor. 1. Special Inspector Notification — The contractor is responsible for notifying the special inspector or agency regarding individual inspections for items listed on the attached schedule and as noted on the building department approved plan. Adequate notice must be provided so that special inspections can be scheduled and so that the special inspector has time to become familiar with the project. 2. Provide Access to Approved Plans — The contractor is responsible for providing the special inspector access to building department approved plans at the job site. 3. Retain Special Inspection Records — The contractor is responsible for retaining at the job site, all special inspection records submitted by the special inspector, and providing these records for review by the building official upon request. 4. Correct Nonconformities — The contractor is responsible for correcting all nonconformities to the satisfaction of the design professional in responsible charge and the building official. BUILDING DEPARTMENT RESPONSIBILITIES 1. Approve Special Inspections — The building official must approve all special inspectors and special inspection requirements. 2. Monitor Special Inspections — Work requiring special inspection and the performance of special inspectors will be monitored by the building official. Building official approval, in addition to that of the special inspector, must be obtained prior to placement of concrete or the concealment of other work 3. Issuance of Certificate of Occupancy — The building official may issue a Certificate of Occupancy after all special inspection reports and the final report have been submitted and approved. Occupancy prior to issuance of a Certificate of Occupancy is prohibited. OWNER RESPONSIBILITIES The project owner or owner's agent must fully fund all special inspection services as required b the building official. o�ess%ona I En�,to DESIGN PROFESSIONAL IN RESPONSIBLE CHARGE RESPONSI FICATF�y, �s The design professional in responsible charge shall include all special inspection re ntst udiYi special inspections required under a products third party testing and/or listin , twcr Mnd specifications. TURLEY od10-25-16 ACKNOWLEDGEMENTS fe Sig nea I have read and agree to the terms and conditions of this agreement. EXPIRES 09-30-19 Owner: By: Date: Contractor: By: Date: Special Inspector/ Caruso TurleyScott 10-25-16 Agency: By: Richard Turley Date: APPROVED BY THE TOWN OF FOUNTAIN HILLS, DEVELOPMENT SERVICES By: Date: CTS #16-124 Final Drainage Report McDowell Mountain Preserve Adero Canyon Trailhead q YV Fountain fir. �mw :6 that is Prepared for.- TOWN ora TOWN OF FOUNTAIN FALLS Parks & Recreation Dept. Fountain Hills Town Hall 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 (480) 816-5252 Prepared by: J2 Engineering and Environmental Design 4649 E. Cotton Gin Loop, Ste. 82 Phoenix, AZ 85040 (602) 438-2221 March, 2497 J2 Project No. 04.0039 Table of Contents 1 INTRODUCTION................................................................................................................... 1 2 PROJECT SITE DESCRIPTION............................................................................................. 2 2.1 Existing Conditions........................................................................................................2 2.2 Proposed Conditions......................................................................................................3 3 DRAINAGE ANALYSIS......................................................................................................... 3 3.1 Design Event.................................................................................................................. 3 3.2 Hydrology — Rational Method....................................................................................... 3 3.2.1 Drainage Areas...............................................................................................................3 3.2.2 Runoff Coefficients........................................................................................................6 3.2.3 Rainfall Intensity............................................................................................................6 3.2.4 Time of Concentration...................................................................................................6 3.2.5 Peak Discharges.............................................................................................................7 3.3 Culvert and Inlet Design................................................................................................ 8 3.3.1 Culvert Configuration....................................................................................................8 3.3.2 Grated Inlets...................................................................................................................8 3.3.3 Summary of Results.......................................................................................................8 3.4 Erosion Protection..........................................................................................................9 3.5 Open Channel Flow.......................................................................................................9 4 RESULTS........................................................................................................................... 10 5 REFERENCES.....................................................................................................................11 i Remainder of this document is on the Town's website at hqp://www.fh.az.gov/Bids.aspx and is incorporated herein by reference. 2979192.2 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT P3025 BUILDING STRUCTURAL CALCULATIONS For Town of Fountain Hills Adero Canyon Trailhead Restroom Building Prepared by Orcutt Winslow 3003 North Central Avenue Sixteenth Floor Phoenix, Arizona 85012 P:\160897.003\J2Cad\Submittals\100%\OWP\Cover for Building Structural Calcs.doc Adero Canyon Trail Head- 1 - CARUSO TURLEY SCOTT structural engineers STRUCTURAL ENGINEERING EXCELLENCE PARTNERS Richard Turley, PE Paul Scott, PE, SE Sandra Herd, PE, SE, LEED AP Chris Atkinson, PE, SE, LEED AP Thomas Morris, PE, LEED AP Richard Dahlmann, PE 1215 W. Rio Salado Pkwy. Suite 200 Tempe, AZ 85281 T: (480) 774-1700 F: (480) 774-1701 www.CTSAZ.com Job No. 16-124 Sheet No. Cover By TH Date 10/16 sessional En9ihe\ Q���iFICATF �c CLIENT: Orcutt Winslow Partnership 13964 RICHARD D. 3003 N Central, 16th Floor TURLEY Phoenix, AZ 850112 ad 12-9-16 ZAX I �e Sianed PROJECT: / "" "- EXPIRES 09-30-19 McDowell Mountain Preserve Trailhead Restrooms Fountain Hills, AZ GENERAL INFORMATION: BUILDING CODE: 2012 IBC File: Calc Cover 11.dot\MAL Remainder of this document is on the Town's website at hqp://www.fh.az.gov/Bids.aspx and is incorporated herein by reference. 2979192.2 TOWN OF FOUNTAIN HILLS, ARIZONA McDOWELL AfOLIAfTAlAf PRESERVE ADERO CANYON TRAILIfEAD MAYOR: LINDA M. KAVANAGH TOWN COUNCIL: DENNIS BROWN NICK DEPORTER HENRY LEGER ALAN MAGAZINE ART TOLIS CECIL YATES PROJECT CONTACT: RACHAEL GOODWIN INTERIM COMMUNITY SERVICES DIRECTOR TOWN OF FOUNTAIN HILLS 16075 EAST AVENUE OF THE FOUNTAINS FOUNTAIN HILLS, AZ 85268 (480) 816-5135 VICINITY MAP: SITE DES/GN DESIGN CONSULTANTS: PRIMARY DESIGN CONSULTANT: LANDSCAPE ARCHITECTURE & CIVIL ENGINEERING: J2 ENGINEERING & ENVIRONMENTAL DESIGN, LLC 4649 EAST COTTON GIN LOOP, SUITE B2 PHOENIX, ARIZONA 85040 (602) 438-2221 www.J2Design.us DESIGN CONSULTANTS: ELECTRICAL ENGINEERING: WRIGHT ENGINEERING CORPORATION 165 EAST CHILTON CHANDLER, ARIZONA 85225 (480) 497-5829 www.WrightEngineering.us RAMADA STRUCTURAL ENGINEERING: STRUCTURAL GRACE, INC. 808 NORTH FIRST STREET PHOENIX, ARIZONA 85004 (602) 437-2551 www.StructuralGrace.com SURVEYING & LEGAL EXHIBITS: AZTEC ENGINEERING GROUP, INC. 4561 EAST McDOWELL ROAD PHOENIX, AZ 85008 (602) 454-0402 www.Aztec.us GOLDEN PROJECT SITE TO MCDOWELL MOUNTAIN RD. � a 0 O TO SAGUARO BLVD. � PSIS Pig m P 0 7� (PROJECT LOCATED IN T3N RISE SECTION 7 0 WITHIN MCDOWELLS MOUNTAIN PRESERVE) N.T.s. �CO FO SPO QP SHEA BLVD. TO SRI01 (PIMA FWY) TO SR87 (BEELINE HWY) TOWN OF FOUNTAIN HILLS, AZ P:\160897.003\J2Cad\Sheets\Site Genera l\FH-1.01-SiteTitle.dwg kwallin 5/31/17 3:00pm May 31st, 2017 7. � b 9ijr�a�ytiQo�a SHEET INDEX: DESCRIPTION: DWG. NO.: SHEET NO.: PROJECT TITLE SHEET FH -1.01 1 VICINITY PLAN FH -1.02 2 AREA PLAN FH -1.03 3 SITE PLAN FH -1.04 4 EROSION CONTROL INDEX EC -1.01 5 EROSION CONTROL PLAN EC -2.01 6 EROSION CONTROL DETAILS EC -3.01 - EC -3.04 7 - 10 PLANT INVENTORY NOTES PI -1.01 11 PLANT INVENTORY DATA PI -1.02 - PI -1.03 12-13 PLANT INVENTORY PLANS PI -2.01 - PI -2.02 14-15 CIVIL NOTES CV -1.01 16 TYPICAL SECTIONS CV -1.02 17 PAVING, GRADING, & DRAINAGE PLANS CV -2.01 - CV -2.02 18-19 SANITARY SEWER PLAN CV -2.03 20 WATER LINE PLAN CV -2.0421 1 WATER LINE PLAN **BID -ALT INTERIM UTILS** CV -2.04a 21a STORM DRAIN PLAN & PROFILE CV -2.05 - CV -2.07 22-24 COORDINATE GEOMETRY PLAN CV -2.08 25 COORDINATE GEOMETRY TABLE CV -3.01 26 CIVIL DETAILS CV -3._0_2_ -CV -3.Q6.______27-32 1 CIVIL DETAILS **BID -ALT INTERIM UTILS** CV -3.06a 32a ELECTRICAL NOTES EL -1.01 33 ELECTRICAL PLANS EL -2.01 34 1 ELECTRICAL PLANS **BID -ALT INTERIM UTILS** EL -2.01a 34a LECTRICAL D 111 S EL -3.01 - EL -3.02 35-36 1 ELECTRICAL DETAILS **BID -ALT INTERIM UTILS** EL -3.02a 36a LANDSCAPE NOTES LS -1.01 37 LANDSCAPE SUMMARY SHEET LS -1.02 38 LANDSCAPE PLANS LS -2.01 - LS -2.03 39-41 LANDSCAPE DETAILS LS -3.01 - LS -3.08 42-49 RAMADA STRUCTURAL NOTES SR -1.01 50 RAMADA PLANS AND SECTIONS SR -2.01 51 RAMADA STRUCTURAL DETAILS SR -3.01 52 IRRIGATION NOTES IR -1.01 53 IRRIGATION SUMMARY SHEET IR -1.02 54 IRRIGATION PLANS IR -2.01 - IR -2.02 55-56 IRRIGATION DETAILS IR -3.01 - IR -3.02 57-58 NOTE: IT IS INTENDED FOR THIS DESIGN PLAN SET TO BE BID AND CONSTRUCTED IN CONJUNCTION WITH THE 'ARCHITECTURE DESIGN' SET. CONTRACTOR SHALL OBTAIN AND BE FAMILIAR WITH ALL DESIGN PLAN SETS PRIOR TO CONSTRUCTION. UTILITY CONFLICTS: THESE PLANS HAVE BEEN SUBMITTED TO THE FOLLOWING UTILITY COMPANIES. WHERE THE WORK TO BE DONE CONFLICTS WITH ANY OF THESE UTILITIES, THE CONFLICTS SHALL BE RESOLVED AS SPECIFIED IN THE SPECIAL NOTES AND/OR AS OTHERWISE NOTED ON THESE PLANS. CONFLICTS ARISING DURING THE COURSE OF CONSTRUCTION FROM UNFORESEEN CIRCUMSTANCES SHALL BE REPORTED TO THE INTERESTED UTILITY COMPANY AND BE RESOLVED BY THEM AND THE DESIGN ENGINEER. ALSO NOTE THE PROPOSED NEIGHBORING ADERO CANYON DEVELOPMENT - EAGLE RIDGE NORTH SUBDIVISION PLANS HAVE NOT BEEN APPROVED. THEREFORE, EXISTING UTILITY CONNECTION POINTS ARE NOT YET ESTABLISHED. UTILITY COMPANY REP DATE SUBMITTED CENTURYLINK (TELEPHONE) CONFLICT REVIEW 01-11-17 SALT RIVER PROJECT (SRP) (ELECTRIC) CONFLICT REVIEW 12-09-16 SOUTHWEST GAS (GAS) WILL FIELDER 12-09-16 FOUNTAIN HILLS SANITARY DISTRICT (SEWER) - - EPCOR WATER COMPANY (WATER) JOSH VIG 12-09-16 SURVEY CONTROL: THE SURVEY BASIS OF BEARING IS THE TOWN OF FOUNTAIN HILLS DATUM HOLDING THE BEARING BETWEEN TOWN BENCHMARKS BM69 TO BM118, WHICH BEARS S11 007'03"E. POINT NO. NORTHING EASTING ELEV. DESCRIPTION / LOCATION 100 34604.7393 12680.6295 2446.53 1/2" REBAR IN AERIAL PANEL 101 35096.4359 12993.3961 2478.10 1/2" REBAR IN AERIAL PANEL 102 35110.1085 12437.6302 2627.95 1/2" REBAR IN AERIAL PANEL 103 34122.0426 12450.5697 2407.86 1/2" REBAR IN AERIAL PANEL 104 34122.2608 12976.7999 2390.22 1/2" REBAR IN AERIAL PANEL BM69 39730.5510 16061.3620 2078.29 BC FLUSH GOLDEN EAGLE & EDGEWATER BM106 31958.7320 24985.4120 1731.44 BC FLUSH GOLDEN EAGLE & PALISADES BM112 34712.6200 16123.9590 2035.59 BC FLUSH SHADOW & MARIPOSA BM118 1 24047.2480 19143.2840 1910.32 1 BC FLUSH PALISADES 400'N. OF WESTRIDGE "AS -BUILT" CERTIFICATION: I HEREBY CERTIFY THAT THE "AS -BUILT" INFORMATION AS SHOWN HEREON WAS MADE UNDER MY SUPERVISION, OR AS NOTED, AND IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. REGISTERED CIVIL ENGINEER REGISTERED LAND SURVEYOR APPROVALS: DATE 1�7_r10 TOWN OF FOUNTAIN HILLS, TOWN ENGINEER DATE MARICOPA COUNTY ENVIRONMENTAL SERVICES DEPT. DATE Cali at least two full working days before you begin e-Kcapatfien. 1' an..:df•.flc BID ALTERNATE: INTERIM UTILITIES DInMarloopa �(sozjzs3-1 oo 1 = Engineering and Environments Design 4649 E. COTTON GIN LOOP, STE. B2 PHOENIX, AZ PHN: (602)438-2221 USA 85040 FAX: (602)438-2225 CONSULTANT(S): CLIENT: TOWN OF FOUNTAIN HILLS PARKS & RECREATION DEPT. FOUNTAIN HILLS TOWN HALL 16705 E. AVENUE OF THE FOUNTAINS FOUNTAIN HILLS, AZ 85268 (480) 816-5190 PROJECT: TITLE: LLI LLl Lu LL 4- O c O O a U) O O Lu Q 0 V LIJ SEAL: 23430 JEFFREYM. ENGELMANN FPS 1�.: EXPIRES: 09/30/2017 , SUBMITTALS / REVISIONS: NO. MM/DD/YY ISSUE 1 10/26/16 95% REVIEW 2 01/17/17 100% REVIEW 3 03/03/17 REVISED SUBMITTAL 04/26/17 BID -ALT: INTERIM UTILS 05/31/17 BID SET DRAWN BY: K. WALLIN DESIGNED BY: K. WALLIN APPROVED BY: J. ENGELMANN SCALE: N/A DATE: 05/31/2017 J2 PROJECT NO DRAWING NO.: FH -1.01 16.0897.003 SHEET NO.: 1 OF58 Remainder of this document is on the Town's website at http://www.fh.az.gov/Bids.aspx and is incorporated herein by reference. TOWN OF FOUNTAIN HILLS, ARIZONA MCDOWELL A4foLlAfTAlAf PRESERVE ADERO CANYON TRAIL11EAD ARCHITECTURAL DESIGN MAYOR: DESIGN CONSULTANTS: LINDA M. KAVANAGH PRIMARY DESIGN CONSULTANT: CITY COUNCIL: NICK DEPORTER DENNIS BROWN CASSIE HANSEN HENRY LEGER ALAN MAGAZINE CECIL YATES PROJECT CONTACT: MARK MAYER COMMUNITY SERVICES DIRECTOR TOWN OF FOUNTAIN HILLS 16075 EAST AVENUE OF THE FOUNTAINS FOUNTAIN HILLS, AZ 85268 (480) 816-5190 VICINITY MAP: LANDSCAPE ARCHITECTURE & CIVIL ENGINEERING: J2 ENGINEERING & ENVIRONMENTAL DESIGN, LLC 4649 EAST COTTON GIN LOOP, SUITE B2 PHOENIX, ARIZONA 85040 (602) 438-2221 www.J2Design.us DESIGN CONSULTANTS: ARCHITECT: ORCUTT I WINSLOW 3003 N. CENTRAL AVENUE SIXTEENTH FLOOR PHOENIX, AZ 85012 (602) 257-1764 www.owp.com MECHANICAL, PLUMBING AND ELECTRICAL ENGINEERING: MSA ENGINEERING CONSULTANTS 7878 NORTH 16TH STREET, SUITE 140 PHOENIX, AZ 85020 (602) 943-8424 www.msa-phx.com STRUCTURAL ENGINEERING: CARUSO TURLEY SCOTT INC. 1215 W. RIO SALADO PARKWAY, SUITE 200 TEMPE, AZ 85281 (480) 774-1700 www.ctsaz.com GOLDEN PROJECT SITE TO MCDOWELL MOUNTAIN RD. � a 0 ti TO SAGUARO BLVD. KD PSIS POg rn P 0 7� (PROJECT LOCATED IN m T3N R6E SECTION 7 WITHIN MCDOWELL5 MOUNTAIN PRESERVE)� /v.T.s. CQ PO QPM SHEA BLVD. TO SRI01 (PIMA FWK) TO SR87 (BEELINE HWK) TOWN OF FOUNTAIN HILLS, AZ March 3, 2017 NOTE: IT IS INTENDED FOR THIS DESIGN PLAN SET TO BE BID AND CONSTRUCTED IN CONJUNCTION WITH THE 'SITE DESIGN' SET. CONTRACTOR SHALL OBTAIN AND BE FAMILIAR WITH ALL DESIGN PLAN SETS PRIOR TO CONSTRUCTION. SHEETINDEX general information AR -0.00 cover sheet AR -0.01 project info, code plan, code analysis structural ST -1.01 general structural notes ST -2.01 foundation & roof framing plans ST -3.01 typical details ST -3.02 foundation details ST -3.03 roof framing details architectural AR -1.01 architectural site plan AR -2.01 restroom floor plan, rcp & roof plan AR -3.01 building elevations & door info AR -3.02 building sections & wall sections AR -5.01 details mechanical ME -0.00 mechanical abbreviations and sheet lists ME -0.01 mechanical specifications ME -1.01 mechanical plans plumbing 95% REVIEW PL -0.00 plumbing abbreviations and sheet lists PL -0.01 plumbing specifications PL -1.01 plumbing plans PL -5.00 plumbing digrams PL -6.00 plumbing schedules electrical EL -0.00 electrical cover sheet EL -0.01 electrical specifications EL -2.01 enlarged electrical plans Call at least two full working days before be in%oxyattion. mI Nw Rslp Wal 8-1-1 or 1 -800 -STAKE -IT (782-5348) In Hadco-,- County: (602) 263-1100 engineering and environments design 4649 E. COTTON GIN LOOP, STE. 32 PHOENIX, AZ PHN: (602)438-2221 USA 85040 FAX: (602)438-2225 CONSULTANT(S): Orcutt I Winslow 3003 N. Central Avenue sixteenth floor Phoenix Arizona 85012 602 257 1764 CLIENT: TOWN OF FOUNTAIN HILLS PARKS & RECREATION DEPT. FOUNTAIN HILLS TOWN HALL 16705 E. AVENUE OF THE FOUNTAINS FOUNTAIN HILLS, AZ 85269 (480) 816-5252 PROJECT: U) .0 co O U. 4— O SEAL: \ A F I C q r, ti 18963 H. NEIL TERRY C:). x�ONA U expires 09/30/19 TI TLE: -4--J N N U) O U SUBMITTALS/REVISIONS: NO. MM/DD/YY ISSUE 1 10/26/16 95% REVIEW 2 1/12/17 100% REVIEW 3 3/3/17 100% SUBMITTAL 4 4/26/17 BID ALT -.INTERIM UTILS DRAWN BY: RH DESIGNED BY: JK APPROVED BY: MY SCALE AS SHOWN DATE 3/3/17 J2 PROJECT NO.: 1 6.0897.003 DRAWING NO.: SHEET NO.: AR -0.00 1 of 23 Remainder of this document is on the Town's website at hqp://www.fh.az.gov/Bids.aspx and is incorporated herein by reference. 2979192.2 EXHIBIT B TO INVITATION FOR BIDS NO. CS2017-01 [Substitution/Equal Request Form] See following pages. 2979192.2 SUBSTITUTION/EQUAL REQUEST FORM Adero Canyon Trailhead Construction CS2017-01 Bidder hereby submits for Town's consideration the following product, instead of the specified item, for the above Project. Section Page Paragraph/Line Specified Item Proposed Substitution: (NOTE: See Article II — Bid Process; Bid Award, Section 2.4(C), Approval of Substitutions, or Section 2.4(D), Use of Equals, as applicable, for additional criteria concerning prior approval for substitutions or use equals of material and equipment.) Attach complete product description, drawings, photographs, performance and test data, and other information necessary for evaluation, indicating by highlighting all comparable data between specified item and proposed substitution or equal. Identify specific model numbers, finishes, options, etc. A. Will changes be required to Project design (architecturally, structurally, mechanically or electrically) in order to properly install proposed substitution? Yes No If Yes, explain: B. Will the undersigned pay for changes to the Project design, including engineering and drawing costs, caused by requested substitution? Yes No C. List differences between proposed substitution and specified item. Specified Item Proposed Substitution D. Does substitution affect Drawing dimensions? Yes No If Yes, explain: E. What effect does substitution have on other trades? F Yes 2979192.2 Does manufacturer's warranty of proposed substitution differ from that specified? No If Yes, explain: Yes Yes G. Will substitution affect progress schedule? Yes No If Yes, explain: H. Will substitution require more license fees or royalties than specified product? No If Yes, explain: I Will maintenance and service parts be locally available for substitution? No If Yes, explain: J. Will substitution be compatible with all adjacent material and/or applications to or on the proposed substitution? Yes No If no, explain what material substitutions will be required to make your proposed substitution compatible: List materials that will be required to provide compatibility: The undersigned hereby assumes all responsibility for all provisions indicated herein and agrees that, if adequate comparable information is not provided as required by Section 2.4(C), Approval of Substitutions, or Section 2.4(D), Use of Equals, as applicable, and this Form, the proposed substitution or equal shall be subject to rejection. The undersigned understands and agrees that the substitution requested, including all supporting data, must be submitted to and be in the possession of the Town 10 full Days prior to the Bid Deadline, to be considered, including all supporting data for the substitution. Telegraphic (facsimile) or electronic (email) copies will not be considered. Submitted by: Signature Print Name Title Company Name Address City, State, Zip Code Date Telephone No. 2979192.2 B-2 For Town's Use Only: ❑ Accepted ❑ Rejected Remarks: Signature Print Name Date EXHIBIT C TO INVITATION FOR BIDS NO. CS2017-01 [Price Sheet] See following pages. 2979192.2 PRICE SHEET Adero Canyon Trailhead Construction CS2017-01 BID ITEM NUMBER ITEM DESCRIPTION UNIT QUANTITY UNIT COST TOTAL 1. Mobilization/Demobilization LS 1 $ $ 2. Earthwork Cut CY 4,248 $ $ 3 Earthwork Fill (less required for gabion retaining walls, pavement sections and riprap) CY 11,563 $ $ 4. Aggregate Base Course (from MCO Stockpile to Site) CY 540 $ $ 5. Asphalt Parking Pavement SY 2,320 $ $ 6 Temporary Asphalt Entry Pavement (2" AC over Compacted Subgrade) SY 74 $ $ 7 Colored Concrete Pavement (Road, ADA Parking, Plaza Spaces, Walkway) SF 8,415 $ $ 8. Colored Concrete Pavement (Walkway) SF 5,680 $ $ 9. Concrete Ribbon Curb LF 2,185 $ $ 10. Concrete Ribbon Curb With Wheel Stop LF 101 $ $ 11. ADA Truncated Domes SF 36 $ $ 12. Drainage RGRCP, Class IV (12" Pipe) LF 166 $ $ 13. Drainage Headwall (Double 12" Pipe MAG 501-1 and 2: U Type) EA 1 $ $ 14. Drainage RGRCP, Class IV (18" Pipe) LF 142 $ $ 15. Drainage Headwall (18" Pipe) EA 4 $ $ 16. Drainage Concrete Pipe Culvert, Class IV (24" Pipe) LF 116 $ $ 17. Drainage Headwall (24" Pipe) EA 1 $ $ 18. Drainage RGRCP, Class IV (42") LF 96 $ $ 19. Drainage Headwall Inlet (42" Pipe) EA 1 $ $ 20. Drainage Headwall Outlet (42" Pipe) EA 1 $ $ 21. Catch Basin MAG Standard Detail 537 — Double EA 2 $ $ 22. Headwall Handrail LF 107 $ $ 23. Headwall Trash Rack EA 4 $ $ 24. Storm Drain Manhole With Reinforced Box Structure EA 1 $ $ 25. Placed Rock Embankment LF 1,368 $ $ 2979192.2 BID ITEM NUMBER ITEM DESCRIPTION UNIT QUANTITY UNIT COST TOTAL 26. Gabion Basket Retaining Walls CY 302 $ $ 27 Gabion Basket Seating Walls at Ramada With Concrete Piers and Caps LF 88 $ $ 28. Dumped Riprap D50=9" CY 642 $ $ 29. Dumped Riprap D50=18" CY 194 $ $ 30. Rock Cut Enhancements Sculpturing SF 3,362 $ $ 31. Miscellaneous Signing and Striping (Includes Yellow and White 2 -Way Reflectors) LS 1 $ $ 32. SWPPP / Erosion Control LS 1 $ $ 33. Connection to 8" Waterline — Install Service Saddle and Corporation Stop EA 1 $ $ 34. Connection to 8" Waterline — Install 8" x 8" Cross (Add reduction as specified on plans) with 8" Gate Valve and Cover EA 3 $ $ 35. 2" Water Meter Assembly (All Appurtenances Without Meter) EA 1 $ $ 36. 1" Reduced Pressure Backflow Device with Enclosure and Concrete Pad EA 1 $ $ 37 2" Reduced Pressure Backflow Device with Enclosure and Concrete Pad EA 1 $ $ 38. 2" Copper Waterline LF 75 $ $ 39. 6" DI Waterline LF 23 $ $ 40. 8" DI Waterline LF 515 $ $ 41. Fire Hydrant with 6" Gate Valve and Cover EA 1 $ $ 42. 8" Plug and Curb Stop With Flushing Pipe and Air Release Valve EA 1 $ $ 43. 8" DI Sewer Pipe LF 158 $ $ 44. 8" PVC SDR 35 Sewer Pipe LF 252 $ $ 45. Sewer Manholes EA 3 $ $ 46. Adjust Sewer Manhole Frame and Cover in Cul-de-sac EA 1 $ $ 47. Restroom Building Complete LS 1 $ $ 48 SRP Primary Power Feed including all Materials and Labor per Power Company Requirements LS 1 $ $ 49. 200 AMP Service Entrance Section including all Circuit Breakers and all Control Devices as shown on Plans EA 1 $ $ 50. Bollard Light EA 19 $ $ 51. Ramada/Shade Structure Electrical and Lighting LS 1 $ $ 52 Furnish and Install Conduit Complete and In Place including Trenching and Backfill LS 1 $ $ 2979192.2 C-2 BID ITEM NUMBER ITEM DESCRIPTION UNIT QUANTITY UNIT COST TOTAL 53. Furnish and Install all Conductors and Bond Wires complete and in place including all Splices and Terminations LS 1 $ $ 54. Furnish and Install #3 1/2 Pull Box Complete and In Place EA 3 $ $ 55. Salvaged Saguaro - Bare Root EA 12 $ $ 56. Salvaged Barrel Cactus - Bare Root EA 8 $ $ 57. Salvaged Ocotillo - Bare Root EA 19 $ $ 58. New Tree - 15" Gallon EA 17 $ $ 59. New Tree - 36" Box EA 49 $ $ 60. New Saguaro - 3'- 6' EA 9 $ $ 61. New Saguaro - 6'- 9' EA 9 $ $ 62. New Saguaro - 9'- 12' EA 12 $ $ 63. New Barrel Cactus -12" - 18" EA 29 $ $ 64. New Barrel Cactus -18"- 36" EA 29 $ $ 65. New Ocotillo - 8' with 12 Canes EA 28 $ $ 66. New Shrubs - 1 Gallon EA 125 $ $ 67. New Shrubs - 5 Gallon EA 284 $ $ 68. Native Seeding SF 35,533 $ $ 69. Salvaged Plant Nursery LS 1 $ $ 70. Desert Pavement SF 18,822 $ $ 71. Boulder Salvage and Relocation (Size A - 2' x 3') EA 163 $ $ 72. Boulder Salvage and Relocation (Size B - 3' x 5') EA 101 $ $ 73. Boulder Salvage and Relocation (Size C - 4' x 6') EA 64 $ $ 74. Boulder Salvage and Relocation (Size D - 5' x 7' or >) EA 20 $ $ 75. Ramada (625 SF) LS 1 $ $ 76. Exposed Aggregate Paving SF 140 $ $ 77. Picnic Table (3 Standard and 1 ADA Accessible) EA 4 $ $ 78. Individual Gabion Basket Bench with Concrete Cap EA 4 $ $ 79. Entry Signage LS 1 $ $ 80. Access Control Gates to Fire Road LS 1 $ $ 2979192.2 C-3 BID ITEM NUMBER ITEM DESCRIPTION UNIT QUANTITY UNIT COST TOTAL 81. Main Entry Gates LS 1 $ $ 82. Information Kiosk EA 1 $ $ 83. Bicycle Rack EA 2 $ $ 84. Trash Receptacles EA 5 $ $ 85. Bollard (Security) EA 1 $ $ 86. Irrigation Controller EA 1 $ $ 87. Master Valve - 1" EA 1 $ $ 88. Ball Valve - 1" EA 1 $ $ 89. Ball Valve - 1 1/2" EA 2 $ $ 90. Emitter - Single -Outlet Assembly EA 562 $ $ 91. Emitter - Multi -Outlet Assembly EA 66 $ $ 92. Drip Filter and Pressure Regulator Assembly - 1" EA 23 $ $ 93. Drip Remote Control Valve - 1" EA 10 $ $ 94.Quick Coupler Assembly - 1" EA 5 $ $ 95. Air/Vacuum Relief Valve Assembly - 1" EA 3 $ $ 96. Pipe - Drip Lateral 3/4" Schedule 40 PVC LF 6,200 $ $ 97. Pipe — Mainline and Submain 1" Schedule 40 PVC LF 2,097 $ $ 98. Pipe - Mainline 1 1/2" Schedule 40 PVC LF 231 $ $ 99. Pipe Sleeve - 4" Schedule 40 PVC LF 314 $ $ 100. Wire Sleeve - 1" Schedule 40 PVC LF 136 $ $ SUBTOTAL BASE BID $ 101. Owners Allowance LS 1 $178,000.00 $178,000.00 TOTAL BASE BID AND OWNERS ALLOWANCE $ 102. BID ALTERNATE A: Interim Utility (Total of Items 102-A — 102-M Below) LS 1 $ 102-A. TanEarthwork for Water Tank Pad and Sewage Collection Tank CY 13.0 $ 102-B. Add: Aggregate Base for Tank Pad (From MCO Stockpile) CY 7.25 $ 102-C. Add: 3/4" Minus Decomposed Granite on Interim Roadway Surface and Surrounding Water Tank and Solar Collection Area SF 6,380 $ 102-D. Add: SWPPP / Erosion Control Around Tank Pad LS 1 $ 2979192.2 C-4 BID ITEM NUMBER ITEM DESCRIPTION UNIT QUANTITY UNIT COST TOTAL 102-E. Add: Desert Pavement SF 5,738 $ 102-F. Add: 5,000 Gallon Water Tank with Locking Lid and Locking Drain Valve EA 1 $ 102-G. Add: 2" SCH 40 PVC Waterline with All Valves LF 364 $ 102-H. Add: 1 1/2" SCH 40 PVC Waterline with All Valves LF 38 $ 102-I. Add: 4" SDR -35 Sewer Pipe with Valves to Holding Tank LF 62 $ 102-J. Add: 5,000 Gallon Pre -Cast Concrete Sewage Holding Tank with Alarm EA 1 $ 102-K. Add: Solar Collection and Storage System Complete LS 1 $ 102-L. Add: 6'- 0" High Chain Link Fencing with Access Gate LF 140 $ 102-M. Add: Restroom Building Modifications LS 1 $ 103. BID ALTERNATE B: Automatic Gate Opening and Closing System LS 1 $ $ TOTAL BASE BID, OWNERS ALLOWANCE, BID ALTERNATES A AND B $ 104. Force Account Rock Blasting Allowance LS 1 $ 70,000.00 $ 70,000.00 105. Force Account Rock Staining SF 3,000 $ $ 106. Force Account Earthwork Fill Material CY 2,125 $ $ 107. Force Account Aggregate Base Course Material CY 250 $ $ SUBTOTAL FORCE ACCOUNT ITEMS $ TOTAL COST: BASE BID, OWNERS ALLOWANCE, BID ALTERNATES, FORCE ACCOUNT* $ * ALL BIDS ARE PRESUMED TO INCLUDE ALL APPLICABLE TAXES. CONTRACTOR IS RESPONSIBLE FOR ENSURING THAT ALL MATERIALS CONTAINED IN THE PLANS FOR THE PROJECT ARE BID ON THE PRICE SHEET. ACCEPTANCE OF ALTERNATE ITEMS ALTERNATE A: Yes No Authorized By: ALTERNATE B: Yes No Authorized By: 2979192.2 C-5 EXHIBIT D TO INVITATION FOR BIDS NO. CS2017-01 [Federal Requirements] See following page. Not applicable to this Project. 2979192.2 EXHIBIT E TO INVITATION FOR BIDS NO. CS2017-001 [Licenses; DBEAVBE Status] See following page. 2979192.2 LICENSES; DBE/WBE STATUS Adero Canyon Trailhead Construction CS2017-01 ❑ Attach a copy of your Contractor's License to your bid submittal. ❑ Attach a copy of your Town of Fountain Hills Business License to your bid submittal. ❑ Attach a copy of your Arizona Transaction Privilege Tax License Has your firm been certified by any jurisdiction in Arizona as a minority or woman owned business enterprise? Yes No If yes, please provide details and documentation of the certification. 2979192.2 EXHIBIT F TO INVITATION FOR BIDS NO. CS2017-01 [References] See following page. 2979192.2 REFERENCES Adero Canyon Trailhead Construction CS2017-01 Provide the following information for three clients for whom Bidder has successfully completed similar projects as set forth in Section 2.16 within the past 60 months. Failure to provide three accurate and suitable references will result in disqualification. Bidder may also attach another sheet with additional references. 1. Company: Address City/State/Zip Code Contact: Telephone Number: Date of Contract Initiation: Date of Contract Expiration: Final Project Cost: Project Description: 2. Company: Address City/State/Zip Code Contact: Telephone Number: Date of Contract Initiation: Date of Contract Expiration: Final Project Cost: Project Description: 3. Company: Address City/State/Zip Code Contact: Telephone Number: Date of Contract Initiation: Date of Contract Expiration: Final Project Cost: Project Description: 2979192.2 EXHIBIT G TO INVITATION FOR BIDS NO. CS2017-01 [Bid Bond] See following page. 2979192.2 is 111 81163 LN I Adero Canyon Trailhead Construction CS2017-01 KNOW ALL PERSONS BY THESE PRESENTS: THAT, (hereinafter called Principal), as Principal, and , a corporation organized and existing under the laws of the State of with its principal office in the City of , (hereinafter called the Surety), as Surety, are held and firmly bound unto the Town of Fountain Hills, (hereinafter called the Obligee) in the penal sum of Ten Percent (10%) of Bid Amount, (Dollars) ($ ) lawful money of the United States of America, to be paid to the order of the Town of Fountain Hills, for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents and in conformance with A.R.S. Section 34-201. WHEREAS, the Principal has submitted a bid/proposal for: NOW, THEREFORE, if the Obligee accepts the proposal of the Principal and the Principal enters into a Contract with the Obligee in accordance with the terms of the proposal and gives the Bonds and Certificates of Insurance as specified in the Standard Specifications with good and sufficient surety for the faithful performance of the Contract and for the prompt payment of labor and materials furnished in the prosecution of the Contract, or in the event of the failure of the Principal to enter into the Contract and give the Bonds and Certificates of Insurance, if the Principal pays to the Obligee the difference not to exceed the penalty of the Bond between the amount specified in the proposal and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by the proposal then this obligation is void. Otherwise it remains in full force and effect provided, however, that this Bond is executed pursuant to the provisions of Section 34-201, Arizona Revised Statutes, and all liabilities on this Bond shall be determined in accordance with the provisions of the section to the extent as if it were copied at length herein. The prevailing party in a suit on this bond shall recover as part of the judgment reasonable attorney fees that may be fixed by a judge of the Court. Witness our hands this day of 20 Principal Surety Agency of Record 2979192.2 Seal Seal EXHIBIT H TO INVITATION FOR BIDS NO.CS2017-01 [Key Personnel/Subcontractor Listing] See following page. 2979192.2 KEY PERSONNEL/SUBCONTRACTOR LISTING Adero Canyon Trailhead Construction CS2017-01 Key Personnel and Subcontractors listed herein shall be utilized on this Project. Category: Personnel/ Subcontractor Name, Contact Information: 2979192.2 EXHIBIT I TO INVITATION FOR BIDS NO. CS2017-01 [Performance Bond] See following page. 2979192.2 . 'J • '7•h 2 to a 0.1612 ED Adero Canyon Trailhead Construction CS2017-01 KNOW ALL PERSONS BY THESE PRESENTS: THAT, (hereinafter called Principal), as Principal, and a corporation organized and existing under the laws of the State of , with its principal office in the City of (hereinafter called the Surety), as Surety, are held and firmly bound unto the Town of Fountain Hills (hereinafter called the Obligee) in the amount of (Dollars) ($ ), for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written Contract with the Obligee, dated the day of 20 for the material, service or construction described as is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal faithfully performs and fulfills all of the undertakings, covenants, terms, conditions and agreements of the Contract during the original term of the Contract and any extension of the Contract, with or without notice to the Surety, and during the life of any guaranty required under the Contract, and also performs and fulfills all of the undertakings, covenants, terms, conditions and agreements of all duly authorized modifications of the Contract that may hereafter be made, notice of which modifications to the surety being hereby waived, the above obligation is void. Otherwise it remains in full force and effect. PROVIDED, however, that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2, Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the provisions of Title 34, Chapter 2, Article 2, Arizona Revised Statutes, to the extent as if it were copied at length in this agreement. The prevailing parry in a suit on this bond shall recover as part of the judgment reasonable attorney fees that may be fixed by a judge of the Court. Witness our hands this day of 2979192.2 20 Principal Seal LM Surety LM Agency of Record Seal EXHIBIT J TO INVITATION FOR BIDS NO. CS2017-01 [Payment Bond] See following page. 2979192.2 Adero Canyon Trailhead Construction CS2017-01 KNOW ALL PERSONS BY THESE PRESENTS: THAT, (hereinafter called Principal), as Principal, and , a corporation organized and existing under the laws of the State of with its principal office in the City of (hereinafter called the Surety), as Surety, are held and firmly bound unto the Town of Fountain Hills (hereinafter called the Obligee) in the amount of (Dollars) ($ ), for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written Contract with the Obligee, dated the day of 20_, for the material, service or construction described as which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal promptly pays all monies due to all persons supplying labor or materials to the Principal or the Principal's Subcontractors in the prosecution of the Work provided for in the Contract, this obligation is void. Otherwise it remains in full force and effect. PROVIDED, however, that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2, Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of Title 34, Chapter 2, Article 2, Arizona Revised Statutes, to the same extent as if they were copied at length in this agreement. The prevailing party in a suit on this bond shall recover as a part of the judgment reasonable attorney fees that may be fixed by a judge of the Court. Witness our hands this day of 920 Principal Seal Surety Agency of Record 2979192.2 Seal EXHIBIT K TO INVITATION FOR BIDS NO. CS2017-01 [Acknowledgments of Addenda received] See following page(s). 2979192.2 D 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: 5:30 P.M. WHEN: TUESDAY, OCTOBER 3, 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\r171003\171003a.docx Last Printed: 9/26/2017 2:49 PM Page 1 of 4 CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh INVOCATION — Pastor Todd Forest, Fountain Hills Christian Center ROLL CALL — Mayor Linda M. Kavanagh MAYOR'S REPORT i) The Mayor will read a PROCLAMATION declaring October 28, 2017, as Make a Difference Day, in the Town of Fountain Hills. ii) The Mayor will read a PROCLAMATION declaring October 2017 as Domestic Violence Awareness Month, in the Town of Fountain Hills. iii) The Mayor will read a PROCLAMATION declaring October 15-21, 2017, as Friends of the Library Week, in the Town of Fountain Hills. iv) The Mayor will read a PROCLAMATION declaring October 15 — 21, 2017, Arizona Cities and Towns Week, in the Town of Fountain Hills. v) The Mayor will read a PROCLAMATION declaring October 23 — 31, 2017, Red Ribbon Week, in the Town of Fountain Hills. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) Mayor Kavanagh and/or Council may review RECENT EVENTS attended relating to Economic Development. ii) PRESENTATION by the Fountain Hills Branch Manager for the Maricopa County Library District Vicki Novak regarding activities and events. iii) UPDATE by Grace Rodman-Guetter, Communication and Marking Coordinator, regarding current activities and the Strategic Tourism Plan for the Tourism Division. 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 All items listed on the Consent Agenda are considered to be routine, non -controversial matters and will be enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an item on the consent agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the Agenda. 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from September 19, 2017. z:\council packets\2017\r171003\171003a.docx Last Printed: 9/26/2017 2:49 PM Page 2 of 4 2. CONSIDERATION of CANCELING the November 7, 2017 Council meeting, as it falls on Election Day. 3. CONSIDERATION of approving RESOLUTION 2017-36, abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easement located at the rear property line of 15737 East Thistle Drive (Plat 603, Block 2, Lot 6), as recorded in Book 161, Page 41, records of Maricopa County, Arizona. (EA2017-07) 4. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by Durim Zejneli, Owner of Georgie's Diner LLC DBA Georgie's Diner, located at 13407 N. La Montana Drive, Fountain Hills, AZ. This is for a series 12 license (Restaurant). 5. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by Michael Min Cho, Agent of C&H in Arizona, LLC, DBA That Guy's Pizza, located at 16948 E. Shea Boulevard, #104, Fountain Hills, AZ. This is for a series 12 license (Restaurant). 6. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Fountain Hills Republican Club (Tait Elkie) picnic to be held in the Grand Ballroom of the Fountain Hills Community Center, 13001 N. La Montana Drive, Fountain Hills, AZ, from 2:00 PM to 8:30 PM, on Saturday, October 21, 2017. 7. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Fountain Hills Sister Cities Corporation (Carol Carroll) dinner to be held in the Grand Ballroom of the Fountain Hills Community Center, 13001 N. La Montana Drive, Fountain Hills, AZ, from 6:30 PM to 10:00 PM, on Saturday, January 13, 2018. 8. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Kiwanis Club of Sunset Fountain Hills (Margaret Ziefert) for the promotion of a fundraiser to be held along the Avenue of the Fountains, in conjunction with the Fountain Hills Art and Wine Affaire, from 10:00 AM to 5:00 PM daily, from Friday, March 23, 2018, through Sunday, March 25, 2018. 9. CONSIDERATION of approving a CONTRACT (C2018-030) with Artistic Land Management, in the amount of $207,000, for Wash and Dam Maintenance. 10. CONSIDERATION of approving the FIRST AMENDMENT to Cooperative Purchase Agreement C2017-045, between M. R. Tanner Development and Construction, Inc. and the Town of Fountain Hills, for asphalt replacement and miscellaneous work, in an amount not to exceed $2,500,000.00. Regular Agenda 11. CONSIDERATION of appointing one (1) citizen to the Community Services Advisory Commission for the remainder of a one-year term beginning October 3, 2017, and ending on December 31, 2018. 12. CONSIDERATION of a COOPERATIVE PURCHASE AGREEMENT (C2018-040) with Riddle Painting and Coatings Company, in the amount of $189,108.98, for the painting of buildings in the Civic Plaza. z:\council packets\2017\r171003\171003a.docx Last Printed: 9/26/2017 2:49 PM Page 3 of 4 13. CONSIDERATION of awarding CONTRACT (C2018-056) to Christmas Light Decorators for the Town's holiday lights, in an amount not to exceed $50,000.00 annually, with four one-year renewal options for an aggregate of $250,000.00; and, authorizing a BUDGET TRANSFER from the General Government Contingency Fund to the Downtown Strategy Fund, in the amount of $19,650.00. 14. CONSIDERATION of awarding the CONTRACT (C2018-055) to Bluecor Contracting, in the amount of $2,162,956.01, for the construction of the Adero Canyon Trailhead. 15. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding LEGAL SERVICES for the Town of Fountain Hills. This item has been added to the agenda at the request of Mayor Kavanagh, Councilmember Yates and Councilmember Brown. 16. 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. 17. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. 18. ADJOURNMENT. DATED this 26th day of September, 2017. Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's office. z:\council packets\2017\rl71003\171003a.docx Last Printed: 9/26/2017 2:49 PM Page 4 of 4 Town of Fountain Hills PR0CLAMAT10N WHEREAS, serious social problems concern our nation, state, and town, and threaten our future; and, WHEREAS, connecting with others and working together through volunteer service can bridge the differences that separate people and help solve serious social problems; and, WHEREAS, we, the American people and the residents of Fountain Hills, have a tradition of philanthropy and volunteerism; and, WHEREAS, in 2016, almost five million people cared enough about their communities to volunteer on MAKE DIFFERENCE DAY, accomplishing thousands of projects in hundreds of cities and towns; and, WHEREAS, in our community, nonprofit organizations, schools, businesses, houses of worship, families, neighborhoods, and friends serve together to make a difference; and WHEREAS, 2017 makes the 9`' year for Fountain Hills to demonstrate that it is the small town with a big heart; and WHEREAS, the Town of Fountain Hills supports a vibrant community to enrich the lives of our residents; WHEREAS, I, Linda M. Kavanagh, Mayor of the Town of Fountain Hills, Arizona, do hereby proclaim October 28, 2017 as MAKE A DIFFERENCE DAY in Fountain Hills , and urge all citizens to participate in volunteer projects as we work together to meet the needs of our neighbors. Dated This P day of October, 2017 A,IN f c u : 1. rt:crt crrr r -�Ir, AlaVr�r 0 Ji `'''Lfs � Bevelyn J. Bend, Toon Clerk r'1'Yn wr o f F+I�J u—wTAr � Yf—Ls l� ROCL. -� AT.roJY 7Yfereas, home should be a place of warmth, unconditional love„ tranquility, and security; and 7f'frereas, for most of us, home and family can indeed be counted among our greatest blessings; and 30fereeais, tragically for many Americans, these are blessings that are tarnished by violence and fear; and 3L'fiereas, women, men, young children and the elderly are all counted among the victims of domestic violence; and whereas, physical injury and deaths occur and emotional scars are often permanent; and h'ftereas, law enforcement officials, shelters, hotline services, health care providers, the clergy, and concerned citizens are helping in the effort to end domestic violence; and Whereas, we must recognize the compassion and dedication of these volunteers and professionals, applaud their efforts, and increase public understanding of this important problem; and IYriere,ms, the Town Council approved Resolution 2013-44 on August 15, 2013, expressing support for the "Start by Believing Campaign" through the End Violence Against Women International organization; Von, j—Aer-r16I, Linda M. Kavanagh, Mayor of the Town of Fountain Hills, Arizona, do hereby proclaim the month of October as .%ffetttft in Fountain Hills and urge all citizens to observe this month by becoming aware of the tragedy of domestic violence and supporting community efforts in working toward its end. D.972"D Jibs 3'' day of October, 2017. AIN i V SIS ghat I. rWMR 21 17MAM oll 0, .a r { l :,�r- Own Clerk TOWN OF FOUNTAIN HILL' PROCLAMATION K iEREAS, Fountain Hills Friends of the Library raise money that enables our library to move from good to great—providing the resources for additional programming, much needed equipment, support for children's summer reading, and special events throughout the year; and IYHEREAS, the work of the Friends highlights on an on-going basis the fact that our library is the cornerstone of the community providing opportunities for all to engage in the joy of life-long learning and connect with the thoughts and ideas of others from ages past to the present; and 11 HEREAS, the Friends understand the critical importance of well -funded libraries and advocate to ensure that our library gets the resources it needs to provide a wide variety of services to all ages including; access to print and electronic materials, along with expert assistance in research, readers' advisory. and children's services; and IVIIEREAS, the Friends' gill of their time and commitment to the library sets an example for all in how volunteerism leads to positive civic engagement and the betterment of our Co11111111nity. NOW. THEREFORE, 1, Linda M. Kavanagh, Mayor of the Town of Fountain Hills, Arizona, do hereby proclaim October 15-21, 2017, as Friends of the Library jf eek in the Town of Fountain Hills and urge everyone to join the Friends of the Library as partners in making our library and community even better. IN WITNESS WIIERE(]F, l have hereunto set my hand and caused to be affixed the official seal of the Town of Fountain Hills, Maricopa County, Arizona this 3`1 day of October, 2017. ✓� da �1f lirrir � {�lr, ,tlrri'rrr� ° Attest: Bevelyai J Bfnder,Yoim Clerk aZCITIE Town of Fountain Hills Ao VQ K Giles AI,Towns 076 i@,WOrk.COM P R 0 C L A FIJI A T 10 N WHEREAS, the citizens of the Town of Fountain Hills rely on the town to experience a 'high quality of life in our community; and WHEREAS, cities and towns in Arizona work 24 hours a day, seven days a week to deliver vital city and town services such as fire, police, and emergency medical response to ensure safe communities; and WHEREAS, cities and towns in Arizona also provide services and programs that enhance the quality of life for residents such as parks, utilities, street maintenance, sanitation and recycling services, libraries, community centers, and recreational programs; and WHEREAS, it is important for the Town of Fountain Hills to continue to provide the excellent delivery of services and programs that our citizens have come to expect in our community; and WHEREAS, it is one of the responsibilities of town officials to ensure open and accessible government through frequent communication with citizens using various avenues and means; and WHEREAS, through participation and cooperation; citizens, community leaders, local businesses and municipal staff can work together to ensure that services provided by the Town of Fountain Hills can remain exceptional elements of the quality of life of our community; and WHEREAS, I, Linda M. Kavanagh, Mayor of the Town of Fountain Hills, Arizona, do hereby proclaim that the Town of Fountain Hills joins with the League of Arizona Cities and Towns and fellow municipalities across the state of Arizona in declaring October 15 - 21, 2017, Arizona Cities and Towns Week. Darted This 5"' day of October, 2017 AIN M. Kavano Mayor ArTESr: "kit it, ° Bevelyn J. 8e `der, � unn Clerk PROCL. MATTOW WHEREAS, Alcohol and drug abuse in this Nation have reached epidemic stages; and WHEREAS, It is imperative that visible, unified prevention education efforts by community members be launched to eliminate the demand for drugs; and WHEREAS, the East Valley Young Marines, the local unit of the United States Young Marines, is a youth education and service program for boys and girls that focuses on promoting the mental, moral, and physical development of its members, including character building, leadership, and encouraging a healthy, drug-free lifestyle; and, WHEREAS, The Young Marines is the official youth program of the United States Marine Corps and is the focal point for the U.S. Marine Corps' Youth Drug Demand Reduction efforts and is open to youth, ages eight through high school completion who are in good standing in their school; and, WHEREAS, The National Red Ribbon Campaign and the East Valley Young Marine program offers citizens the opportunity to demonstrate their commitment to drug-free lifestyles (no use of illegal drugs, no illegal use of legal drugs); and WHEREAS, The East Valley Young Marines have earned the DOD's Fulcrum Shield Award and the DEA's Enrique Camarena Awards for their Drug Demand Reduction efforts in the Phoenix Metro Area; and WHEREAS, The National Red Ribbon Campaign will be celebrated in every community in America during Red Ribbon Week, October 23-31, 2017; and WHEREAS, business, Government, parents, law enforcement, media, medical institutions, religious institutions, schools, senior citizens, service organizations, and youth will demonstrate their commitment to healthy, drug-free lifestyles by wearing and displaying red ribbons during this week-long campaign; and WHEREAS, the Town of Fountain Hills further commits its resources to ensure the success of the Red Ribbon Campaign; WHERAS, October 23-31, 2017 has been designated National Red Ribbon Week, which encourages Americans to wear a Red Ribbon to show their support for a drug free environment; NOW, THEREFORE, I, Linda M. Kavanagh, Mayor of Fountain Hills, do hereby proclaim October 23-31, 2017 as Red Ribbon Week, and encourage its citizens to participate in drug prevention education activities, not only during Red Ribbon Week, but all year long, making a visible statement that we are strongly committed to a drug-free Fountain Hills. DATED This 3`d day of October, 2017. D -,,, n M. Kava a h, Mayor A est: Bevelyn J. B nder own Clerk Ii t Maricopa County Reads 2017 Summer Reading Program t�_ w° 506 participants, a 35% increase i� � -vnmw 'sou ZnWWGL UVWU6 bLOILSW MOyro 141 readers earned the final book prize WD d RCIP 1!0 0 Next Teens Giving Back program: LC L-(. ber 14, 9 a.r' Fountain Hills Library Aff .. 1 RJR Ir i a� yl Teens Giving Back 2017 NACo Award 100 Brilliant Ideas at Work foods I hat Shaped the WoOd k. Doi 4", 'A— —TUMV. 4V Fd ood for Fines Waived $1,140 in fines, collected 571 items for Extended Hands Food Bank r--E'OuLtL1i11 11ills N ar � Please Time for Babies 1st & 3rd Tuesdays, 10 a.m. Mindfulness October 4, 111 Project 562: Changing the Way We See Native Am( 18 & 25, 11 October 17, 10 a.m. ❑ MCLD Funds ❑ Friends Funds CLD Funds MCLD Funds $1,200.00 4% Friends Funds $27,157.22 Total $28,357.22 Programs Offered: 675 Attendance: 8544 f)/) Maricapa County Library District where eiviosity bads np 3C 93 12016-2017 programs provided r5r@4qR through Friends funding J'a"Ve ► NJJ� Town of Fountain Hills Tourism Division Council Update — October 3, 2017 o (TV 1:hills founiaii .................................................................................................................................. - i......................................... www.experiencefbt�ainhills.org 66 • The Town of Fountain Hills saw an 7.1% increase in Growth in 2016 gross hotel room sales tax How has the tourism industry grown in FY 15/16 compared to in the past year and what kind of FY 16/17 impact does it leave in Town? • Making us eligible for more funding from the Prop 302 Tourism Fund. funiaiii`ohills ................ ..................... www.ex eriencefb�ainhills.org Grants The Division is proud to announce the honor of being awarded grant monies this year. -AaOl�.,,'T ZR •Grant monies awarded by the Salt River Pima Maricopa Indian Community ,* In the amount of $35,000 C. @ (TV ......................................... www.experienceil bi�ainhffls.org i` hillsfouniaii Online Rules the World! Where do we currently stand? Audience Reach/Engagement FACEBOOK IMPRESSIONS DEM©GRAWCS 31% Male Fans b% '13-17 1% 18-24 17% 25-34 25% 35-44 69% Female Fans 0% 13-17 196 13-24 193c 25-34 253. 35-44 22e 4.ra-54 Facebook • "Likes" up 15% from July2016 through June 2017 • Engagement: 950,509 impressions with an average of 3,614 impressions per post Experiencefountainhil Is.or • June 2016 — 2017: 2121877 with an average of 1:38 time spent on page • This is higher than the national average • Most popular cities: Phoenix, Scottsdale, Fountain Hills, Los Angeles, Mesa, Tempe, Gilbert, Chandler, Gilbert and Glendale • 1 f iaiii.: .................... www.ex erlencefbtainhills.b ..................................................................................................................f - Marketing Strides How has our marketing plan reached the outside community/valley? fountair��`�hills • Cubs Spring Training Advertisements • The Cubs set a new Spring Training Attendance record for the 2017 season: * Total attendance at Sloan Field for the season was 226,933 • Crowds saw our full page ad in the Cubs Spring Training program • Fountain Hills sponsored all Home Runs for the entire Cubs Spring Training season (TV 61.1 -, ......................................................................................................................................................................... www.experienceftq�- ainhills.org 66 Marketing Strides How has our marketing plan reached the outside community/valley? • Waste Management Phoenix Open Golf Tournament • 2017 Attendance broke records with a weekly total of 655,434 • Crowds saw our full page ad in the event program • We were the Proud Sponsor of hole #2 INU :10 1 ILI J A M ILI PROUD SPOMOR OF TV HOLE 2 fOLI nt i ills ( ills.org .: .............www.experienceip ainhfountain:.hills ............................................................................................................................................................ L�- 9 Half -page ads in Phoenix New Marketing Magazine Endeavors • An Amplified Story What is next for fiscal year 17/18? Campaign with Madden Media •The Terminal 4 Escalator ad spot in Sky Harbor International Airport *Expanded Digital Retargeting Campaign to drive traffic �) 0, • %) 0 G) 0 New Video �9 @ Q q) 0 (TKO C) * founiaii`: hills ........................................................................................................................................................................... www.experienceii+a nhills.org Award s The Division is honored to be the recipient of several marketing awards this year. fo U n1ain"hills ....... I-W—W,hlh ., • The International Festivals and Events Association: e Silver • Best Miscellaneous Multimedia — Tourism Video • Best Single Digital/Social Display Ad — Spring Training • Best Single Newspaper Display Ad — Spring Training Ad fountain"NIL , c.p.H-cefo.ntainhUls,F ..................................................................................................................................... www.experiencefountainhiIIs.org • The International Festivals and Events Association: • Bronze Awa rd • Best Single Magazine Display Ad The Division is honored to be the Golf Campaign recipient of several marketing awards • Best Ad Series — 2017 Get out of the this year. Valley and Into the Hills • Best Promotional Poster — Music Fest founiaim www experiencefountainhElls funiaoiri`hills......................................................................................................................:......:........................ l:.0-S:.D TX WE - ?OW 5:15 6:55 PX R r,D -5-v00 PX !4RTET • • gic 3'r Ks Goals • Goal #1 Communication and Outreach • Provide accurate and consistent information on tourism related issues to all stakeholders through a variety of communication vehicles. • STATUS/COMPLETITION DATE — ON GOING • Goal #2 Destination Marketing and Promotion • Promote the iconic branding to effectively differentiate the Town of Fountain Hills. • Create awareness for Fountain Hills by effectively positioning the destination as an events and leisure location with the valley. • STATUS/COMPLETITION DATE — ON GOING • Goal #3 -Research, Planning and Measurement • Continue to implement a strategic approach to research, planning and measurement, allowing funding to refine marketing efforts. D • STATUS/COMPLETITION DATE — ON GOING © (TV fount• www.ex eriencefbtainhills.b f ain :hills...................................................................................................................................... Goals e Goal #4 - Industry Education, Training, and Recognition • Maintain communication and education with stakeholders regarding the needs, trends, changes, etc. of the local tourism industry. 0 STATUS/COMPLETITION DATE — ON GOING • Maintain industry -related trainings through conferences, webinars, etc. in order to stay on top of the shifting dynamics of Arizona tourism. . STATUS/COMPLETITION DATE — ON GOING 0 Research and apply for industry awards and honors 0 STATUS/COMPLETITION DATE — ON GOING J (30 0 C) O (Tv Any -hills .................................................................................................................. ain hills.orgfou4aii........................................................ www.expenencefbq4_ Goals • Goal # 5 - Tourism Product Development • Support new and existing recreation and special event programming. • STATUS/COMPLETITION DATE — ON GOING • Look to develop 3-5 niche opportunities like biking, sustainable dining movements, golf and spa packages, and outdoor adventure for potential long- term market development. • STATUS/COMPLETITION DATE — ON GOING • Goal # 6 -Strategic Alliances • Continue to work with and develop key strategic alliances within the tourism industry to promote all there is to see and do in Fountain Hills. • STATUS/COMPLETITION DATE — ON GOING J D q (3 0 iaiii.: www.exeriencefbtainhills.b founhills...................................................................................................................................... rg • Continue to Work Together- The Town of Fountain Hills is Success a destination that works well with others. The division has fostered a can do spirit and continues to take on Factors and challenging issues. It is important for the council and staff Measurability to continue their approach to work and support the goals of the division. The Strategic Plan will be reviewed annually with a Community- Critical to the destination's success is the measure of achievement continuation of efforts to educate and involve the on each of the action community in tourism. It is important that the local items. community understand the importance of tourism in the Town of Fountain Hills and the industry's role in generating employment and local tax revenue. • Culture of Innovation- The Fountain Hills Tourism Division must continue to innovate and reposition to meet the changing dynamics of the industry in order to continually increase the awareness and desirability of Fountain Hills as a destination. fountain :hills www.ex enencefb, q4_ hills.b f ................................................................................................................................................. ......... ...�. rg • Quality over Quantity- Numbers and statistics only tell one side of the story. Numbers are hard facts, but the quality of the program is just as valuable. Staff will regularly engage in customer and stakeholder feedback, using it as a temperature gauge for the program and its success rate. I OP �r • 1 fount• www.ex eriencefbt ainhills.b f ain :hills...................................................................................................................................... - • It's All in the Numbers- Success is not defined by a single Success yes or no, by a check list, or by a first place finish. Success Factors and for the Tourism Division is an ongoing sum of all the parts. Statistical analysis, digital metrics, visitor attendance, Measurability increased tax revenue, heads in beds, click thrus, "Likes,", engagements and any number of other measurable bits and pieces will determine the effectiveness of the division. Each of these measurements are brush strokes The Strategic Plan will be reviewed that will paint the picture of tourism in Fountain Hills. annually with a measure of Staff will regularly monitor vital statistics in order to steer achievement on each of the action the program and correct course as needed. This items. information will be included in the semi-annual updates to the Council. • Quality over Quantity- Numbers and statistics only tell one side of the story. Numbers are hard facts, but the quality of the program is just as valuable. Staff will regularly engage in customer and stakeholder feedback, using it as a temperature gauge for the program and its success rate. I OP �r • 1 fount• www.ex eriencefbt ainhills.b f ain :hills...................................................................................................................................... - 2018 - 2020: • Present semi-annual updates to Council and Stakeholders, featuring program highlights, challenges, and new initiatives — ON GOING Timelline • Annual Marketing Plan review, subject to grant funding, co-op opportunities, etc. - ON GOING Here is an update on our progress • Annually review Strategic Plan to ensure vision and relative to our timeline and goals goals continue to meet the needs of the Town of Fountain Hills — ON GOING • Specific to our goals pertaining to marketing, branding, securing grants and grant opportunities and partnerships 2020: • Review Strategic Plan to consider completion of identified goals and future planning. Update the Strategic Plan to reflect changing trends, economics, and other external factors — ON GOING 2021: • Adopt and implement future plan. '8 © (TV ? fount• www.ex eriencefbtainhills.b f ain :hills...................................................................................................................................... 0e, Questions? 131-, C), (Tv * founiaii .................................................................................................................................. ainhills.org i` hills ..................................... www.experiencefb ...iq�- Meeting Date: 10/3!2017 Agenda Type: Consent TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Administration Staff Contact Information: Bevelyn J. Bender, Town Clerk; 480-816-5115; bbender@fh.az.gov Council Goal: Strategic Values: Civic Responsibility C3 Solicit feedback in decision-making REQUEST TO COUNCIL (agenda Language): CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from September 19, 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, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendations) 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: 4"&r9_&� evelyn Bender, Town Clerk 17 Approved: LNUn�� <._ • • Grady E. Miller, T anager 912012017 Page 1 of 1 'VAIN At�� n O 4. r t is x �� . ,�'#SOP Meeting Date: 10/312017 Agenda Type: Consent TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Administration Staff Contact Information: Town Manager, Grady E. Miller; 480-816-5107, gmiller@fh.az.gov Council Goal: Strategic Values: Not Applicable (NA) Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving the +CANCELLATION of the Fountain Hills Town Council meetings for November 7, 2017, as it falls on Election Day, Applicant: NA Applicant Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: Council Rules of Procedure Staff Summary (background): The intent of this agenda item is to provide the public with advance notice of Town Council meeting cancellation for November 7, 2017, as it falls on Election Day. Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs; budget status): Budget Reference (page number): Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recornmendation(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: r Grady E. Miller, T ager 9120/2017 Page 1 of 1 AllyTOWN OF FOUNTAIN HILLS z TOWN COUNCIL \Z� � / AGENDA ACTION FORM O Meeting Date: 10/3/2017 Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Development Services Staff Contact Information: Randy Harrel, Town Engineer; rharrel@fh.az.gov; 480-816-5112 REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving RESOLUTION 2017-36, abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easement located at the rear property line of 15737 East Thistle Drive (fiat 603, Block 2, Lot 6), as recorded in Book 161, Page 41, records of Maricopa County, Arizona. (EA2017-07) Applicant: Susan DeMarco Applicant Contact Information: 15737 E.Thistle Drive; Fountain Hills, AZ 85268; Tele. 480-529-7458 Owner: Same Owner Contact Information: Same Property Location: Same Related Ordinance, Policy or Guiding Principle: NIA Staff Summary (background): This item on the Town Council's agenda is a proposal to abandon the 10' Public Utility and Drainage Easement at the rear property line of 15737 East Thistle Drive (Plat 603, Block 2, Lot 6), as shown in Exhibit "A". All of the public utilities have approved of abandonment of this easement. A 10'x10' Public Utility Easement should additionally be granted by the applicant at the northwesterly corner of this property, for existing and potential future utilty boxes there. Staff has reviewed the site to determine any drainage issues, in addition to the Town's general interest in the easement. There is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that the owners of Lot 6 are required to pass the developed flows generated by the upstream lots across their property. (Note: Although not an issue for this easement abandonment action, if - after recordation of this abandonment - the applicant intends to connect to existing side and/or rear masonry fence(s) to enclose their back yard, they will need to submit approval letter(s) from each applicable adjacent neighbor with their building permit application for that fence connection(s), since the existing adjacent masonry fences appear to lie well across the property lines, fully on the adjacent neighbors' properties.) Risk Analysis (options or alternatives with implications): NIA Fiscal Impact (initial and ongoing costs; budget status): N/A Budget Reference (page number); NIA Page 1 of 2 Funding Source: NA If Multiple Funds utilized, list here: N/A Budgeted; if No, attach Budget Adjustment Form: nip Recommendations) by Board(s) or Commission(s): N/A Staff Recommendation(s): Staff recommends approval of RESOLUTION 2017-36, subject to the following stipulation: * Grant a 10'x10' Public Utility Easement at the northwesterly corner of the lot, for existing and potential future utility boxes. List Attachment(s): Vicinity Map, Aerial Photo Map; Resolution; Exhibit "A" Map SUGGESTED MOTION (for Council use): Move to approve RESOLUTION 2017-36, abandonment of the 10' Public Utility and Drainage Easement at the rear property line of Plat 603, Block 2, Lot 6, with stipulation. Page 2 of 2 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT THISTLE VjICINITY MAP TOWN BOUNDARY Mc17CiV4'ELL,tiIOUi�ITAIN PARK 1 �} .01 �C:I17� r 9AGUlVRO BLVD . r SALT RIVER PIMA PVIAIiiCOI'A INIl1Alt7 COMMUNITY ------- 40�00 NORTH SCALE: 2" = 3500' w I DEVELOPMENT SERVICES AERIAL PHOTO MAP PLAT 603B, BLOCK 2, LOT 6 15737 E THISTLE DR LEGEND: LOTILINE ROW EASEMENT FLOODPLAIN SUBJECT SITE N w IT' E S 0 lov 200' mmm6mm� SCALE I" = 200' AERIAL FLIGHT DATE: Y. w I DEVELOPMENT SERVICES AERIAL PHOTO MAP PLAT 603B, BLOCK 2, LOT 6 15737 E THISTLE DR LEGEND: LOTILINE ROW EASEMENT FLOODPLAIN SUBJECT SITE N w IT' E S 0 lov 200' mmm6mm� SCALE I" = 200' AERIAL FLIGHT DATE: RIESOLUIIION 2017-21EI A RESCILUTION OR THE MAYCIR AND COMMON COUNCIL OF THE IICIWN CIF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INIIEREST III HAS IN THE PUBLIC UTILITY AND DRAINAGE EASENENTSI LOCATE❑ AT THE REAR PROPERTY LINE! CIFI PLAiI 603, BLOCK 2, LOT 6 1157,11 E. THISTLE DRIVE ), AS RECCIRD9❑ IN BCICIK 101, PAGE z1, RECCIRDSI OR MARICOPA COUNTY, ARIZONA. QEA 00.171-071 WHEREASI, 11-e Mayor and Cou riail of tl' El Town oll Fou ntain Hills (i he "flown C au ncil";, as the govENning Lady of real pnagerty laaaied iri the Tawn oll Founiain Hills (*e "Tobin":, may require the cedicaiion of public sineeis, sewer, watEui, cnainagEi, anc oilier utility easements cui righis-of-way within any Flnoplasec su t division; an( WHEREAS, the Tci\Ain Cou nail I -as the auihoniiy io aaceFll on nejeci offlens of dec iaatian of Flnivale grorlEir y t y easement, c eed, su bdivision, plat ar ath an lawfu I means; and WHEREAS, all plreseni ulility aomganies ha%e necEIKed nolificaiiori of the p1roFlasec abanconmeni. NO\A THERERCIRE, BE IT REISIOLVE❑ BY THE MAYOR AND COUNCIL OF THE TOWN OF RCIU NTP IN H ILLS, as lollows: SaCIIION 1. That the aertain Jen foot (110) plublic utility anc crairiage easement, al 'I •a real pnaplerly line of Plai 603, Blaak 2, Loi 6, Founiain Hills, as neconded the Clffiae oll ITe Caunty ReaorcEIn oll MariaaLla Cocnty, Ariaona, Baak 1EI'l of Maps, Page z 1, anc as mane partiau larly c Eisanit ed in Ek hibit A, atiaal• ed hereto anc inaorrlanaied herein by nefanenae, ane henety c eclarec to t e abanc aned bN th El Tawn. Certain lals will - in 11, is suL c i%ision are su t jEiat to loi=la-lot drainage runoff. Tf a Llnoperty cminer is requined io pass 'll -e de%elopec flows generalec ty *e upstream lats across their praplerty. SECTION 2. That this Resolulian isi ane all atandonmenl anc discdairner bN 11- Town salEdy for the Flunpase of rerno%ing any pollenlial aloud an the title to saic pnagerty anc that ITe Tawn in na way allempls io affleci tl1Ei nights oll any p1nivaie party to aPlpose the atandonmeni or asser any night nesulling th ere from an Eixisling Are%ious to ariy acllion Lythe Town. PASSED AN AID OPTED SY the Mayor aric Courioil of the Tovun of Fou ntvin Hills, Clcdoteu 3, 1C1'17. FCIRI THE TCIWN OF RCIU NIIAIIN HILLS: Linda M. Kai anagh, Mayan REVIEWED BILI: Gnac y E. Miller, dawn ManagEin AITTESTEC TO: BevEIIN n � . Benc an, Town ClerN APPROVED AIS'ICI FORM: Anc new J. McGu ire, Tawn AtlornEry TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "All PLAT 603B BLOCK 2 LOT 7 I 10 N iY E s 4 20' 46' SCALE: 1' - 48' DATE: 9--15-17 4/j[ �3 60©0 ©' {yi PROPOSED 10'x10' P.U.E. (BY SEPARATE INSTRUMENT) BLOCK 2 LOT f ABANDON 10' P.U.E. & D.E. p� uQ, 'Y QQ„ i -e i i i ID LAND ICA L- 545 do sip RANDY L HARREL l y J'PIres� 31/ 0 AIN TOWN OF FOUNTAIN HILLS TOWN COUNCIL •� AGENDA ACTION FORM Z/ 1h4f Ism Meeting Date: 10/312017 Agenda Type: Consent Meeting Type: Regular Session Submitting Department: Administration Staff Contact Information: Sonia KukkolalFinancial Services Technician (480)-816-5130 Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): Consideration of approving a LIQUOR LICENSE APPLICATION submitted by Durim Zejneli, Owner of Georgie's Diner LLC DBA Georgie's Diner, located at 13407 N La Montana Drive, Fountain Hills, AZ. This is for a series 12 (Restaurant). Applicant: Durim Zejneli -Owner Applicant Contact Information: 480-361-5375 {Owner: Durim Zejneli Owner Contact Information: 480-361-5375 Property Location: 13407 N La Montana Drive, Fountain Hills, AZ Related Ordinance, Policy or Guiding Principle: R.R.S. §4-201; 4-202; 4-203 & 4-205 and R19-1-102 and R19-1-311. Staff Summary (background): The purpose of this item is to obtain Council's recommendation regarding a liquor license application submitted by Durim Zejneli, Owner of Georgie's Diner LLC, DBA Georgie's Diner for submission to the Arizona Department of Liquor. The application was reviewed by staff for compliance with Town ordinances. Staff recommends approval of this liquor license application as submitted. Risk Analysis (options or alternatives with implications): NIA Fiscal Impact (initial and ongoing costs; budget status): N/A Budget Reference (page number): NIA Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): N/A Staff Recommendation(s): N/A List Attachment(s): Front page of the application and staffs' recommendation SUGGESTED MOTION (for Council use1: Move to approve LIQUOR LICENSE APPLICATION. Page 1 of 2 Prepared hy: k&— Sonia Kuk ola, Financial emces Technician 9/20/2017 Director'�Approval: Ur—aigRudolphyj Finance Director 9/2012017 Approved: Grady E. Miller, Town Manager 9120/2017 Page 2 of 2 08-31-17 10:21 RCVD P05s1-c-0 q -I1-17 DLLC USE ONLY License # (19 Arizona Department of Liquor Licenses and Control L r. : bate Acc pie 800 W Washington Sth Floor Phoenix, A2 85007-2934 4tiQCdifi�4. www.azliquor.gov cslt: �� ✓ Q+rzot;r` (602) 542-5141 - - Application for Liquor License Tvve or Print with Black Ink APPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE) ARE NOT REFUNDABLE A service fee of 525 vrmTl be charged for all dishonored checks (A_R_S. S 44-6852) SECTION 1 Type of License SECTION 2 Type of Ownership ❑J.T.W.R.O.S. []interim Permit ❑Individual QNew License ❑Partnership ❑Person Transfer ❑Corporation ❑Location Transfer (series 6, 7 and 9) ❑✓ Limited Liability Co ❑Probate/ Will Assignment/ Divorce Decree (No Fees) []Club Seasonal []Government ❑Trust ❑Tribe ❑Other (Explain) SECTION 3 Type of license ❑ Add Sampling Privilege for Series 9 and 10 only (Complete Sampling Privilege application) ARS -§4-206.01 (G), (H), (1) & (L) Add Growler privileges (restaurant, series 12, license only. 3410 -foot restriction applies) A.R.S.§4-207(A) & (B) I .Type of License (restaurant, bar etc-): Series 12 2. LICENSE # (if issued): SECTION 4 Applicants 1. Agent's Name: Zejneli Durim Lost Rist Middle 2. Applicant/Licensee Name: Georgie°s Diner LLC 015x413 (ownership name For type of ownership checked on section 1) 3. Business Name (Doing Business As -DBA): Georgie's Dinerr t1:)31co 4, Business Location Address: 13407 N. La Montana Drive (Do not use Po Box) Street Fountain Hills AZ 85265 _Maricopa City state Zip Code County 5. Mailing Address: 13407 N, La Montana Drive Fountain Hills AZ 85265 (All correspondence wal be mailed to thts address) Street city state Up Code 6. Business Phone&go) 3--/ " _5 -3 f 5 ._ Daytime Contact Phone 7. Email Address: 8. Is the Business located within the incorporated limits of the above city or town? FRIYes❑No It you checked no, in what City, Town, County or Tribal/Indian Community is this business located? Deparynent Ude Only Fees: f , .-� )C) IiLl {,a til+ Application Interim Pernalt site Inspeciion Anger Prints Total of All Fees Is Arizona Statement of Citizenship & Alien Status For State Benefits complete? )oYes 11No TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO TO: (as applicable) DATE: 9/19/17 • Streets Division • Fire Department • Building Division • Community Services • Development Services • Law Enforcement • Licensing FR: Sonia Kukkola, Financial Services Technician RE: Liquor License Application Attached is a Liquor License Application for staff review. Review the application, then mark or sign, indicating staff's recommendation for approval (with or without stipulations) or denial. If staff's recommendation is to deny and/or there are stipulations for approval, please attach a memo that specifies the reasoning and the memo will be forwarded on to the Town Council for their consideration of this application. Name of Organization: Georgie's Diner LLC DBA Georgie's Diner, 13407 N La Montana Drive Fountain Hills AZ 85268 Applicant: Durim Zejneli Date(s) of Event: N/A Date Application Received: 08/31/17 STAFF REVIEW AND RECOMMENDATION: Town Council Agenda Date: 10/03/17 Department/Division Staff Member Approved Denied N/A P & Z Marissa Moore x Community Services Corey Povar x Development Services Bola Rodgers x Fire Department Jason Payne x Law Enforcement Capt. Brandimarte X Licensing Sonia Kukkola x Street Department Justin Weldy x Attach reportfor denial or any recommendation requiring stipulations. Meeting Date: 10/3/2017 Agenda Type: Consent TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Administration Staff Contact Information: Sonia Kukkola{Financial Services Technician (484)-816-5136 Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): Consideration of approving a LIQUOR LICENSE APPLICATION submitted by Michael Min Cho Agent of C&H in Arizona, LLC DSA That Guy's Pizza, located at 16948 E Shea Boulevard #104, Fountain. Hills, AZ. This is for a series 12 (Restaurant). Applicant: Michael Min Cho - Agent Applicant Contact Information: 480-816-1356 Owner: Won Sin Cho Owner Contact Information: 480-816-1356 Property Location: 16948 E Shea Boulevard #104, Fountain Hills, AZ Related Ordinance, Policy or Guiding Principle: A.R.S. 4-201; 4-202; 4-203 & 4-205 and R19-1-102 and R 19-1-311. Staff Summary (background): The purpose of this item is to obtain Council's recommendation regarding a liquor license application submitted by Michael Min Cho, Agent of C&H in Arizona, LLC DBA That Guy's Pizza for submission to the Arizona Department of Liquor. The application was reviewed by staff for compliance with Town ordinances. Staff recommends approval of this liquor license application as submitted. Risk Analysis (options or alternatives with implications): N/A Fiscal Impact (initial and ongoing costs; budget status): NIA Budget Reference (page number): NIA Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): NIA Staff Recommendation(s): NIA List Attachment(s): Front page of the application and staffs' recommendation SUGGESTED MOTION ifor council use): Move to approve LIQUOR LICENSE APPLICATION. Page 1 of 2 Prepared by,: n)bqr� kD4k— Sonia Kukkola, Financial Services Technician 9{2412417 Directo 'pApproval* "Uno o�'k'L— raig u o pFinance Dire for 9/2012017 Approvers: Grady E. Miller, Town Manager 9124/2017 Page 2of2 09-11-17 i2:07 Arizona Department of Liquor Licenses and Control M. e Z 800 W Washington 5th Floor Phoenix, Ai 85007-2934 www.azliquor.gov (6[)2J 542-5141 Application for Liquor License Tvoe or Print with Black Info APPLICATION FEE AND INTERIM PERMIT FEES IF APPLICABLE) ARE NOT REFUNDABLE A service Fee of 25 wit be charged for all dishonored checks A.R.S. 4 44•6852 SECTION 1 Type of License SECTION 2Type of Ownership ❑l.T.W.R.0,S. Interim Permit ElIndividual ONew License ElPartnership ❑Person Transfer QCorporation []Location Transfer (series 6, 7 and 9) RLimited Liability Co [_-]Probate/ Will Assignment/ Divorce Decree (No Fees) [/Club Seasonal ElGovernment []Trust ❑Tribe ®ether (Explain) SECTION 3 Type of license ❑ Add Sampling Privilege for Series 9 and 10 only (Complete Sampling Privilege application) A.R.&§4-206.01(0;). (H), (I) & (L) El Add Growler privileges (restaurant, series 12, license only. 304 -foot restriction applies) A.R.S.§4-207(A) & (B) l .Type of License (restaurant, bar etc.): #12 2. LICENSE # (if issued): 120�6 SECTION 4 Applicants 1. Agent's Name; DHC MICHAEL MIN Last First Middte 2. Applicant/Licensee Name: C & H IN ARIZONA, LLC (Ownershtp name for type of ownership checked an section 1) 3. Business Name (Doing Business As -DBA): THAT GUY'S PIZZA 4. Business Location Address: 16948 E. SHEA BLVD #104 (Do not use PO Rax) Street 5. Mailing Address: 16948 E. SHEJA BLVD #104 (01 correspondence will be maited to this address) Street 6. Business Phone: 480-816-1356 7. Email Address FOUNTAIN HILLS AZ 85268 MARIC®PA Ctty State Tip Coale County FOUNTAIN HILLS AZ 85268 City 7 Code Daytime Contact Phone: state 8. Is the Business located within the incorporated limits of the above city or town? [DYes[]No If you checked no, in what City, Town. County or Tribal/Indian Community is this business located? De nt Use Only � f . /� Fees: �] L Application fr6esim Permit to Inspection Finger Prints Total of All Fees Is Arizona Statement of Citizenship & Alien Status for State Benefits complete? Oyes ONO 2/24/2017 page 1 of 5 Inerr✓idualS requiring ADA accommodations please call 16021542-9027 TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO TO: (as applicable) • Streets Division • Fire Department • Building Division • Community Services • Development Services • Law Enforcement • Licensing FR: Sonia Kukkola, Financial Services. Technician DATE: 9/19/17 RE: Liquor License Application Attached is a Liquor License Application for staff review. Review the application, then mark or sign, indicating staff's recommendation for approval (with or without stipulations) or denial. If staff's recommendation is to deny and/or there are stipulations for approval, please attach a memo that specifies the reasoning and the memo will be forwarded on to the Town Council for their consideration of this application. Name of Organization: C&H in Arizona, LLC DBA That guy's Pizza,16948 E. Shea Blvd #104 Fountain Hills AZ SS268 Applicant: Michael Min Cho Date(s) of Event: N/A Date Application Received: 09/11/17 STAFF REVIEW AND RECOMMENDATION: Town Council Agenda Date: 10/03/17 Department/Division Staff Member Approved Denied N/A P & 2 Marissa Moore x Community Services Corey Povar x Development Services Bob Rodgers x Fire Department Jason Payne x Law Enforcement Capt. Brandimarte X Licensing Sonia Kukkola X Street Department Justin Weldy x Attach report for denial or any recommendation requiring stipulations. 1AINt TOWN OF FOUNTAIN HILLS TOWN COUNCIL \Z� .-AGENDA ACTION FORM t Meeting Date: 101312017 Meeting Type: Regular Session Agenda Type: Consent Submitting department: Community Services Staff Contact Information: Mike Fenzel, Community Center Manager, (480) 816-5116, mfenzel fh,az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Fountain Hills Republican Club (Tait Elkie) picnic to be held in the Grand Ballroom of the Fountain Hills Community Center, I3001 N. La Montana Drive, Fountain Hills, AZ from 2:00 PM to 8:30 PM on Saturday, October 21, 2017. Applicant: Fountain Hills Republican Club Applicant Contact Information: Owner: NIA Owner Contact Information: NIA Property Location: Fountain Hills Community Center, 13001 N. La Montana Drive, Fountain Hills, AZ Related Ordinance, Policy or Guiding Principle: A.R.S.§4.*203.02; 4-261 and R19-1-228, R19-1-235, and R19-1-309, Community Center Operating Policy (Section 15-G). Staff Summary (background): The purpose of this item is to obtain Council's recommendation regarding the special event liquor license application submitted by Tait Elkie, representing the Fountain Hills Republican Club, for submission to the Arizona Department of Liquor. Security will be provided for the duration of the event through MCS© per Community Center operating policy (Section 16-E). Risk Analysis (options or alternatives with implications): NIA Fiscal Impact (initial and ongoing costs; budget status): Budget Reference (page number): Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): NIA Staff Recommendation(s): Approve List Attachment(s): Application SUGGESTED MOTION (for council use): Move to approve the Consent Agenda. Page 1 of 2 Rachael-Uo—odwin, CommunItV bervices Director ---9 1-9/2017 A2proved: Grady E. Mire Manager 9/2012017 Page 2 of 2 USE on 11 F /lElnc : IMPORTANT INFORMATION: This docu m enit rr a st be fully corn Ii e c oii ii will be Ilei u rrle d. The Department of liquor Liclemes and Cortical rrlust receive this arlplicicltiori tern ji business days Flrioll io the event. If the speclial evens will be held at a Iodation willhout a Flermarienit liqucm license on if the evenit mill be or any Flortion of a location Thal is not acrveued by the existing licluor license, this application muss to appuovec by the loclal gclvennn i tefclne submission to the Department cd liquor Licenses avid Clonluol (see Slectian U11]. !IECTION 1 NarrlEl of Cinganizaiiorr. FC UNTAIN HILLS RBRUBLICAN CLL B !IECTION 21 Nan-Flrc ii/IR51 Tax Derrlpi t L mbeu: PIR12IONA N ON-FIRORIT CORP IORAl11ON/86-0AE1639 !IECTION 3 Th e ollganizaiion is a: (check one boA c1r11y) ❑C 1-cmiiable011naIEmrlal (mL 51 r ave nEIgL lcm merrlbElnsl' ip crit I- ci been in e>isience fcm ov en fivEI (5) years) ❑RElligious ❑Civic (9cliary, C011EIgEI 9cholai& iFl) ❑Hcilitiaal Flarly, BallcIi Maci cm Campaign Committee SECTION 4 Will tl' is evEi be I-eld on a CIL rrerliI) liclensed premise anc vA i1P in the alueacy appnci gnemisas?❑YEIs El` Cl N ame of I usiness License N umt en Phone (ina Jude Alrea Code) !IECTION 3 low is tl' is special eN Elni going to coi Cli till cispensirlg, senrirlg, and selling al spiuitL aus IigL ci Blease nElad R -1A- 31 EI fou exFlIcinaiicin (look in special ev erlt planning gL, ide) and check one of the fallowing boy es. ❑FlIacEI IiCIElnlse in rlClrl-L se ❑E ispei arid SEi all sgiriluoL s liquoils under neiaileu's IiaElrlse 8 Ellis pensEl arid SEi all s clirii uoL s liquous undeu 5 pecial e\ Elnt ❑9Fllit puerrli5e It etwaen special evEi and nEliail locaiian ill nicrl u sinig ueiail Iiceln e1, su t mit a lets all of agueerrlent 1i it a acler blow net al th a licleriselc p1 emis a io su seer id ihel licelnsel dL incl th e eluerii. Ill ill e special e% err is orly using a Flor for of puemise, aclertAownelr will riecd io SLspelnc thctl Flartiari allhel Fl annh a.1 SECTION 4I Wrcli is lPe gL.rFlclse a111 -is eNElrlt? MCIrmitEl consumgiiorl 1101f-siie (aucliion) 119otr !IECTION a t aclatiarl cls II- a Ev Eint: FOU N -MIN F ILL SI COMMUNITY CBNTBR Address al Location: 13001 N. La Moritaria Di Fournlain Hills, NaricclFld, A2185268 Sheet Cih1 ciaLli State Zp IIECTION El \A ill chis It a stacked v`itl- a wine lesil% aI)Ic alt disiillen fElstival? ❑`res W a !IECTION SI Applicant mL.si bEI a merrlben of 11-e gL.alifyincl onganizaiion and aL.tl' clnizec by art Cllflceu, Diuectan ou Chaiuclerson of the Ouganizaiiarl namElc in SEi 1. (Au ihoiizing sigrlaiwe is uagL.iuElc in Secliion 13.) 1.Applicani: BLKIE, TAIT DAN IBL 0� I oat Fins Middle Data of E irth 2. Applicant's mailing addrEi P.O. ECX 17814, FC UNIIAIf HILLS, A2 85269 street ON State 3. Applicant's 1- cirri e/cell phone • _ A pplicani's It L.5iness phone: (� Elcl ) 626-7C 7C 4. Apcllicarrl's Elmail ac dress: -nait@FlclunlairiHillsLawFirm.cc m El, 113,12015 Page 1 of 4 Incivic uals uecluining AI❑AI aceorrrmocalloni call (602)542-9CI27. Zip SECTION 10 1. 1-m the aciclliclarii tElElri aarivicIEld of a felony, on I -ac a Iigcan IicenJE111Eivokec within tl-a Iasi five (.) yeans? ❑Y es [Z]No (if yes, aflaci explanafiori.) 2. How morly speclial ElNenI IicerilEll 1 -ave t EIEm isILed I 1his location 11 -is year? 1 IlThe nurribem cannai exceec 12 evens! qem yeiar, excaoicins uncem A.R.S. §4-203.02113).) 3. Is tl- Ell oiiganizaiiori using ire services of a pnorriclier oil oirer person io mariage the eN erli? ❑i'et Ela 1111 yeis, at ach ci ccigy allhei aglneierrieni.) z. List all people anc onganizaiions wr a will iiecieive tl- EI prcmElElds. ACICICII rli fon 100% of it EI pnoceeds. Tr EI onganization apcllying musi neceiN a SIS% of the gnoss neverlc Els oil the special Elvent liquoiIsales. Atiaal- an adc iiional pagEl if necessary. Name Fountain Hills Republican Club fleiiaentage: 100% Ac c ness P.O. Bo) 17814, Fou retain H ills, AZ 85269 Sheed Clify Slale Zip NarrlEl 9Euiceniage: Addnels Sheet My Slale Zip 5. Illease read A. 4.3. § 4-203.021 Special Elvent IicerisEl; Ides aric 919-1-210EI RealinemenIs ilor a Special Event License. N ole: ALL AICOF C LIC 9EVERA GE SALES NIII SIT 9E FOR CONSLMI'll AT TF E ENIENT SIITE ONLII. O ALCOF OLIC BBVBRAGHS SHALL L9AVB SP9C IAI 9V9N11 l NLHS3 71HE1 A99 IN ALC TION �IBAL9a CONIIAINBR�I OR 111- B S99CIAL BVBN71 LIC 9NSB IS S71AC K BCI W 171H \A INE /CRAFII CIIS711LLBRY F9S711VAL LIC9N9B" t . Wr cli i} clEI oll seacriiy and ciclrltiiol measunes will yoL take io cine\ Elrii violaliclns cif ligcor laws at 11 -is eveni? ll isi typle anc numt en cif ploiice,l! ecuniN gemsanneil and IN qei all ienc ing a i cans ial t amims, it applll(abler.) 0 -NL mben cif Aolice 2 Ncmben cif SEICII niiy Reu5orinel ❑FElnciricl ❑9annieis Explariaiiorl: Elvent %Aill tEl lielc indaans in lhEi dallraorris #cl ac n #4 (ElEie Aita(ihec) anc an tl-e claiec plalio of the Fauntain Hills Community Center. Secu riVy persarinel will marlilloil 11`0 exits ila prevent anyone 11nom IElahing with alclol'al. lll-El Commu riity Center ac rens is 13001 N. La Marilana CIr1., FOL Main I- ills, A2 85268. SECTIC N 11 DalEl(s) aric HOL [IS of E\ Elrit. N ay not exceed 1 CI cianseaL ii\ e c ays. SEM A.R.S. § 4-2z 4 (15) uric j17) fon legal houns of service. Dafe Dcry cif Week DAY 1: 110121 /LIC 171 Seri u rd ely DAY 2: DAY 3: DAY 4: DAY 5: DA) t: DA) 7: DA) fl: DA) 51: DAY 1 CI: Eveirit Star Time AM/PM 2:00 P.M. EI/13/12015 Pa(lei 7 cif 4 Inc Nicual! neiquising AD/1 aacammcdaticim call li C]2)542-9027. I iaenise End Time AM/PM 8:21IC p.m. SECTION 12 License premises diagram. The licensed premises for your special event is the area in which you are authorized fo sell, dispense or serve alcoholic beverages under the provisions of your license. The following space is to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades, or other control measures and security position. 8/13/2015 Page 3 of 4 Individuals requiring ADA accommodations call I6021542-9027. SENIOR NET 735 SF NAVAIO RM 735 SF d HOPI RM 942 SF PIMA RM 942 SF SENIOR SERVICES OFFICE 1,030 SF MAIN ENTRANCE NORTH ART RM 1145 SF FYAVAPAI RM SF SOUTH 'J VrT7r= s STORAGE 1145 SF El STORAGE UIL_3 }KITCHEN SERVICE HALL 1,064 SF L. I 0 \ C BALLROOM 2 BALLROOM 3 1,798 SF 1,816 SF f BALLROOM 1 1,793 SF BALLROOM 4 1,830 SF GLASS HALL s 0 i EAST SECTION 13 To be completed only by an Officer, Director or Chairperson of the organization named in Section 1. TAIT D. ELKIE declare that I am an OFFICER, DIRECTOR, or CHAIRPERSON (Print Full Name) appointing the applicant listed in Section 9, to apply on behalf of the foregoing organization for a Special Event LlquorLicenses f% (Signature) itlej Position Date Phone # The foregoing instrument was acknowledged before me this '2Z) f Day Month Year State-�z{r�r County of llb.vi C � (. MARGIE S. BROWN NOTARY PUBLIC - A9IZOt.. My Commission Expires on: � 1q MARICOPA E iY Date Signature of Notary y ommis i 1 E%pirNS January 24 201 rt SECTION 14 This section is to be completed only by the applicant named in Section 9. TAIT D. ELKIE declare that I am the APPLICANT filing this application as (Print Full Name) listed in Section 9. 1 have read the application and the contents and all statements are true, correct and complete x MMI ignature} THIe/ Position Dale Phone # The foregoing instrument was acknowledged before me this "�3AOL��t'24 /,-/ State >�K�-u tr County of �v"lt v1 °ay Month - Year _ �t„} sr,, MARGIE S. Bb M Commission Expires on; GC�J � �` NOTARY PUBLIC - l� Y !� ! i- I1= OL17 Dote Signature of Not My Ommission E p 24,2C 9 Please contact the local governing board for additional application requirements and submission deadlines. Additional licensing fees may also be required before approval may be granted. For more information, please contact your local jurisdiction; hftg;llwww.azliguor.aovlassets/documentslhomer)aae docs.Zsoec event links Qdf. SECTION 15 Local Governing Body Approval Section 1 recommend ❑APPROVAL ❑ DISAPPROVAL (Government Official) (TiNe) on behalf of (City, Town, County) Signature Date Phone FOR DEPARTMENT OF LIQUOR LICENSES AND CONTROL USE ONLY ❑APPROVAL ❑ DISAPPROVAL BY: DATE: A.R.S. § 41-7030, invalidity of rules not made according to this chapter: prohibited agency action: prohibited acts by state employees: enforcement; notice B. An agency shall not base a licensing decision in whale or in part on a licensing requirement or condition that is not specifically authorized by statute, rule or state tribal gaming compact, A general grant of authority in statute does not constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition. D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. THE COURT MAY AWARD REASONABLE ATTORNEY FEES, DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION. E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY. F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12-820.01 OR 12-820.02. 8/13/2015 Page 4 Of 4 Individuals requiring ADA accommodations call (602)542-9027. 'V10 AIN l� TOWN OF FOUNTAIN HILLS 4 n TOWN COUNCIL •- AGENDA ACTION FORM Phar is (+�'� Meeting Date: 101312017 Meeting Type: Regular Session Agenda Type; Consent Submitting Department: Community Services Staff Contact Information; Mike Fenzel, Community Center Manager, (480) 816-5116, mfenzel@fh.az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF approving a SPECIAL. EVENT LIQUOR LICENSE APPLICATION for the Fountain Bills Sister Cities Corporation (Carol Carroll) dinner to be held in the Grand Ballroom of the Fountain Hills. Con-imunity Center, 13001 N. La Montana Drive, Fountain Hills, AZ from 6:30 PM to 10;00 PM on Saturday, January 13, 2018. Applicant: Fountain Hills Sister Cities Corporation Applicant Contact Information: • - Owner: NIA Owner Contact Information: NIA Property Location: Fountain Hills Community Center, 13001 N. La Montana Drive, Fountain Hills, AZ Related Ordinance, Policy or Guiding Principle: A.R.S.§4-203.02; 4-261 and R19-1-228, R19-1-235, and R19-1-309, Community Center Operating Policy (Section 15-G). Staff Summary (background): The purpose of this item is to obtain Council's recommendation regarding the special event liquor license application submitted by Carol Carroll, representing the Fountain Hills Sister Cities Corporation, for submission to the Arizona Department of Liquor. Security will be provided for the duration of the event through MCSO per Community Center operating policy (Section 16-E). Risk Analysis (options or alternatives with implications): NIA Fiscal Impact (initial and ongoing costs; budget status): Budget Reference (page number): Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA. Recommendation(s) by Board(s) or Commission(s): N/A Staff Recommendation(s): Approve List Attachment(s): Application SUGGESTED MOTION (for Council use): Move to approve the Consent Agenda Page 1 o6 2 Rachael Goodwin, Gommun a ices Director 9/19/2017 Approved: rady E. Miller,"%nager 9/2012011 Page 2 erg Arizona Department of Liquor Licenses and Control 800 W Washington Sth Floor Phoenix, AI 85007-2934 www.azliquar.gov (602)542-5141 APPLICATION FOR SPECIAL EVENT LICENSE Fee= $25.00 per day for 1-10 bays (consecutive) Cash Checks or Money Orders Only Event Date[s): Event time stortlend: CSR. license: A service fee of $25.00 will be charged for all dishonored checks (A.R.S § 44-6852) IMPORTANT INFORMATION: This document must be fully completed or it will be returned. The Department of Liquor Licenses and Control must receive this application ten (10) business days prior to the event, if the special event will be held at a location without a permanent liquor license or if the event will be on any portion of a location that is not covered by the existing liquor license, this application must be approved by the local government before submission to the Department of Liquor Licenses and Control (see Section 12). SECTION 1 dame of organization: Fountain Hills Sister Cities Corporation Name of Licensed Contractor (if any): (Please complete if anyone other than the organization is receiving profits or assisting in the managing of the event) SECTION 2 Non-Profit/IRS Tax Exempt Number: 36-4607067 SECTION Event Location: Fountain Hills Community Center, a Town owned facility Event Address: 13001 N. La Montana, Fountain Hills, AZ 85288 SECTIQN 4 Applicant must be a member of the qualifying organization and authorized by an Officer, Director, or Chairperson of the organization. 1. Applicant: Carroll Carol J. Last First Mlme Date of Birth 2. Applicant's mailing addressIliffrem.E. Jericho Drive, Fountain Hills, AZ 85268 _ CRY state 21p 3. Applicant's homelcell phone: Applicant's business phone: () NIA 4. Applicant's email address: I. (Print Pull Narne) arol I Carroll declare that I am the APPLICANT riling this application as fisted above. I have read the application and the contents and all statements are true, correct and complete. 7- sigp6lure TtBej Posifion D 'fe }+ The foregoing instrument was acknowledged before me this ��U" '" 0 day Month Year State rcz o County of G "L RACHELLE E MARFrat)t�V[rtary i -Stats My Commission Expires on: � L ,,.M,.`�C ate SigndfurdAjof Notary Fu4cNQrveoF $pptember 27 8/22/2017 Page f of 5 Individuals requiring ADA accommodations call (602)542-2999 SECTIOU Reiganc incl the Applicarii's aclplication for a SPIElaial everit Flenmii, I h eneby cElr ify tH a Ire Cinganization rrieets ih e cdierie in A.H.SI.14-JC13.0J(8) 'Ian the issuarice of the parrrniii a9 indicciiec by checking ciriEl oil 1 he boy es k elow. (1) ❑ The Appliecirii i9 a FloliiicaI par y on a ccirripciign cammiitee su Flporting a eenididaie lion qL blit ofilice. Please indicia le Ih e name of the carididaie ihai the Appiliciarrl su ppors, the oi-licie Ihcii ihEl carididate seeks, and We rrionIh and yean that the applicarii wau Id finst 'lill the office A successful. Caric idate: Name C filae Mand M /yerc i (�',I) 0 Th e Applicarii is a riori-profit eritFly orrgariized iri Aniaonia, or pursuarii io the laws oil arioiher slclie Ih cii is eligible for desidrialiori as a nonprolit Elriiity a rider Sleciion 501(C) of th e internal raveriue code of ih e Unified Siaies. If th e Applicarii is cipplying u riders opliori (2) as a rioniprofit entity, pleasie also Ih MAIL in the space provided rexi to all iloilowinia stalemenH to indicate th a1, tcl the best of the applicaril's kricimledae they cure tele and acirreicd The ApFllieani has received a deiermiriaiiori leiter -Inomi ih a Inlennal Revenue Service ("IAS") indieaiirig ih ai ii is eligik le Iciii desiclnialiori as a rioriplrrofii eniiity under Sleciiori 101(C ), eligik iliiy or will L e eligible on all days th al I h EI special evenii will occur, ani has a peniding appliciciiiciri wish the IRS for such trea l rrient th al has not beeni resolved LO th al will reiroaciively eov en all days that th e sclaeial ev erit will occurs. (Please provide a copy of eith en the INS determination leder cin the c pplicaiicin [v�iihout atlachmeriis] with this application). The Appilicianii is nol awane cif ariy actiori by th e IH,1l 'Io rev tike, su spend, or olh ervvise elirriinate the Appilicani's eligiL ility unider 5CI1(CI), or it 1 h ene is a cleriding applicaiiori, 'I h e Applicarii has not received aniy indication ih cii ih e IRS will deny its application aric has a good faith basis iormiec upari a neasoriable iriCiL iryinici IRS negulations, guidelines, and iormis Thai it is eligible u ric en 5C 1(CI). The Applicant u ric enstands Thai if th ene is a ah ange in cireu rrisianices after cornipleiind ih is fonrni Thai miay cause on has eau sed it io IasEi fila eligibility u rider 101 (C), wheth en before on a her receiv irig an IRS c eieniniinaiion leiter, th at ii has ari alfirrrialiN e duty ici notify ih e Depar rrierit of tiqu on, which may then take apipnopriate aciian Wil- regard iihregard to the loss oil eligibilily. to be ciampleteic tinily by ani Offlcier, Diieietcir, of Chairplerson oithe oiganiizatcin. I, (Pdnl Fun Name) ChriStinEl 0. CC Heys declare Mai I cirri ani Offlaer, Direcrton, or Chairperson of the tion filing th is apglicaiion as listed above. I have neat the a pipilica lion and the aanIarits cirid all s I ciierrieniis ane irue, c t cmc c mpleie. Redact x S d���' �i1�► Srgnatwei TdreV Position Oate one um er S tl lh a fcmecloirig imsinumenii was ackniov� ledged L efcme me I is 4 Cm e -22-0 [layonth Yeias Slate r�Z - Countyof At, 'd FOCHEULB BAUES Nome pd* • SWe c kizoni MAF !C OFAI CIOI N TY My Ccmmitsioni F�1girEls on: til OV C C.CImmis WElxpims da i Sig ature anN d Notary I ub 6. SECTION Will ihis everii be held on a curremily licensed prerriise and within Ih e already approv Elc prerriisesq[:HEls EHcr (if y es, Local Governing 9ody Signatune riot nequ ired) Name <d 1 us a es s License N umid s u 8,122,12017 Paclei 2 of 5 Irdi-viduall nerquirincl ADA aecommoc aiianj call (602)542-x999 1 F one (Include Area Code) SECTION 7 h ow is chis special evens going to conduct all dispersing, seirvirg, and selling cif spirituous liqu orsM Pleases nead R-151- ;Ilfl for explanation and & ec k one of th a lollowing bo)es. 'lace licensee in nor -use Eldisperlse and serva all spirituou s lig u ors under netailen's licensee Ddisperlse and sarua all spi(tLlou s lit u ars under special ever 1 [3plit premise between special evens and raiail loccllion (IA U AIG RETiAIL LICEWSUX ALEASEI SIURMITA LEMM OF A GIREEMIENII IIROM THE AGEINT/C WNBR OFI THE LIC EINSIED PREMISIEIS TO SIUSIPOND CIR RU N C OMC URIRDNT WTIH THS PHM IA NEW L,ICEIAISEI DU RIAIGI THE EVEN]. IF THEI SIPHIC IA L EVEINT ISI ONLY L SING A P10 RTIC IN OF THEI PREM ISMI. A GEINTj OWNER Will l NEIED TC SUSIFIEN01 THA T PO RTIC Al C f THS PAEMLSIES.) SECTION 8 w hat is tF a purplose of th is ee�ent4I Don -site corlsumpiion ]Off-siia (au ceiion/wine/distilled spidis Klu 111 OBoi1- SECTION 9I 1. Has i l- ee appiliceani beer) ceor N icli ed of a felony, on had a liquor license revoked w ii hin the Iasi fire 115) y car? QYes plNo pf vets, at aah axplanat un.i 2. How m ar y special event days I - a -v a been issued to tF is organization c L ding 1 he calendar y ecerl? (Ther number can nct exceed 10 c ay s perry earn) 3. Is the organization using il-e services of a prorraier or other person to rT anagee th a sale oil service of alceo[ol'slOYes ONO 1111 yes, muss be a Iiceinsed ciandractar or licensee of selrlels 6, 7, 11, of 12] List all people and arlgar izaiior s wh a will 11ec ei-v e 1 he PInoceeeds. Accor. rIt foil 100% of the proceeds. Tl a onganizatiorl appllying muss neceive MI5% of th a gross ralloer Cres oll the special ever 1 liquor sales. Atic char addiliorlal page if necessary. Name Rouniairl Hills Sisler Cities Cculpculaticn Rancerltaga: 1C0%I Addreess P.0 . Box 19128131, Raluntelirl Hills, A2 8,12E SI Name A cidness Sirecd 0 Perceeni age: Ste' a rip Please neat ALR4. § 4-2CI3.02 Special evenii liceense: rules and R' 9-1-205 Requirements fon a ;Ipecial livenl license. Note: AILL AMOK LIC IBYBRAGE SAL9SI MUS1 BB FC) R CO MIL MR11ON Al THE EYENI SlIE ONLY. 5. What fyjple of security and control measures will you take to prevent violations of liquan laws at th is e\ erli$ 11.1si type crit number cd plolic ie/secu My perscrnniel and h pie cif Ieinaenfl or control k ordeir. , ie aplplicabler.) Nu tuber of Police Nu mban al Security) Personnel fencing aarriarls EAplanation: Sec urily will be provided by tiff-cut9 polices clfficeirsi 8/.251151(117 Page 3 oil 5 Indivic uals reqs irinig p CA aacammoc atiam9 call (602):142-2999 SECTION 10 Dates and Hours of Event. Days must be consecutive but may not exceed 10 consecutive days. See A.R.S. § 4-244(15) and (17) for legal hours of service. PLEASE FILL ®UTA SEPARATE APPLICATION FOR EACH "NON-CONSECUTIVE" DAY Date Day of Week DAY 1: 1/13/2018 Saturday DAY 2: DAY 3: DAY 4: DAY S: DAY 6: DAY 7: DAY 8: DAY 9: DAY 10: Event Start Time AM/PM 6:30 p.m. License End rime AM/PM 10:00 P.M. SECTION 11 License premises diagram. The licensed premises for your special event is the area in which you are authorized to sell, dispense or serve alcoholic beverages under the provisions of your license. 'Please attach a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades, or other control measures and security position. ATTACH DIAGRAM 8/22/2017 Page 4 of 5 Individuals requiring ADA accommodations call (602)542-2999 SPECIAL. EVENT LICENSED PREMISES DIAGRAM (This diagram must be completed with this applicatlon) Special Event Diagram: {Show dimensions, serving areas, and label type of enclosure and security positions. NOTE: Show nearest cross streets, highway, or road if location doesnl have an address. 5t+rar}�et r .ra a cartcd pax" Area Y1!el*.9 P.Mm a � ,Lin RD=i � �Afafi4,i2a�am 't. � TaRlte SlaraQe i�° wlt}pi 4eeti+q Ranm i r Q '1CitClf[n S",'e No:, Cr n � � PWA Wte'.:rq Recm YC7C Ci U"Un g Room FIN GO&*= s � 9esarban 3 � "L �► " Sem ar Serraes q ;Large Siadqr- yl i r mi 1 m C WC r -a Win rvwna< j lobby 1 sov:� Cen',ce CCt"lj.ra fs'C'J w .,- L -s v v G'W= max l } Ct?4+FuMITY CEN LR Fountain Hills Community Center, 13001 N. LaMontana, Fountain Hills, AZ. Liquor service will be in Ballroom 1, Z, 3, or 4 as designated by the Community Center staff. Security will be posted in the lobby of the Community Center. Pleases contact file lac al goy erring d card for c c c ifian al applic ailonl relquirelmelnfal and submisslon deadlln els. Addn ional licensing Aegis may aba be reg, a fired belblle cppraval rrlay bel granted. Aon move Information, please coniac i your be al ,junisdictron. SECTION 112 lac al Govemina Bodv Approval Section. Date ReceN ec : 1, relaammer d ❑A PR ROVA I ❑ Did AR F ROVAL iGavernrnent Off ciall (Title) Cln bell all o1 (alty,1cwn, County] Signahme Ddei Phanei I j ❑APRFOVAL ❑DISAPRFOVAL BY: DA TO: )I A.H.S. 141-1(13(1. Inlvalidi_ty of pules not made ac tort inla to th is ct aplen: pnahib)ted agent v ac tions; vrot it lied acts by slate employees; enlouc ement: notice B. An adElrcy sll all nos base a liter lirlg decisior it w11 olel or in I`lar on a licenlirg nequirEirnerlt on aonditior that is not speailically a0honized by stagie, Hule on state tribal claming aorriplacl. A genenal giont al actllority in 9latcte cael9 riot con 91itLte c basis fan imposir g a liclansir g rEigL inemeni on conic ii ion L nless a rule i9 made punsuar 1 la th c t cler erc I grc rlt of outs-ority that spec ilically aL t1l orizes tf e nequinement on cionditionl. D. TF IS �BCTICIN MAY BE Bl` FOFICED IN A RRIIVATU CIVIL ACTICIN AND RULIBF MAl' BB A"ARIDBD ACIAINSTTF B STA TO. THE CCILFT MAY AWARE RBASONABIB ATTCIF�BY FBBS, DANAGUS AND ALI FBBS ASSCICIATBEI WITF THU LICBNSB ARPLICIATION TO ARA RTY THAT PREVAIL', IN AN ACTION AGAINST THB STATE FOR A VICIIATION CIF THIS SUCTION. B. A STATE UIvR[CIYUB MAY SOT INTBNTICI�ALLY CIF KNOWINGLY VICILATU THIS SECTICIN. A VIOLATION OF TFIS BC IICIN IS C AU 9U FOP DISCIPLINARY ACTION CIR DISMISISA L RL RSL ANT TCI 1F B AGB C 1''S A DCIRTUD PUR3Ols NUL RCI[ ICY. H. TH IS SECTIC N DC ES NCT ABRC GpIIE TF 9 IM tv UP ITY PRC VIDED Bl SECTICIN ]2-820.01 CIR 12-820.02. 8 I22/2CI17 Pac a 9 al 'I Inc IN idu c Is pec uiring ADA ac c ommadalions call (602)fl� 2-2999 tS 1AIN r TOWN OF FOUNTAIN HILLS z r, TOWN COUNCIL mw. AGENDA ACTION FORM Meeting Date: 1013/2017 Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Community Services Staff Contact Information: Corey Povar, Recreation Manager, 480-816-5170, cpovar@fh.az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Kiwanis Club of Sunset Fountain Hills (Margaret Ziefert) for the promotion, a fund raiser to be held along the Avenue of the Fountains, in conjunction with the Fountain Hills Art and Wine Affaire, from 10:00 AM to 5:00 PM daily, from Friday, March 23 through Sunday, March 25, 2018 Applicant: Margaret Ziefert Applicant Contact Information: - - • Owner: Margaret Ziefert, The Kiwanis Club of Sunset, Fountain Hills Owner Contact Information: IIIIIIIWMIIIIIII Property Location: Avenue of the Fountains, Fountain Hills, AZ Related Ordinance, Policy or Guiding Principle: A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, 819-1- 235, and R19-1-309 Staff Summary (background): The purpose of this item is to obtain Council's approval regarding the special event liquor license application submitted by Margaret Ziefert representing the Kiwanis Club of Sunset Fountain Hills, for submission to the Arizona Department of Liquor. The special event liquor license application was reviewed by staff for compliance with Town ordinances and staff unanimously recommends approval of this special event liquor license application as submitted. Risk Analysis (options or alternatives with implications): NIA Fiscal Impact (initial and ongoing costs; budget status): NIA Budget Reference (page number): NIA Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commissions): NIA Staff Recommendation(s): Approve List Attachment(s): Applicaitons SUGGESTED MOTION (for council use): Move to approve the Special Event Liquor License as presented. Page 1 of 2 Prepared by: Corey Povar, Recreation Manager 2017 Director's Approval: Rachael Goodwin, Community S ery Ices Director 9111/2017 App ved: T Grady E. Miller, o a ger 9/11/2017 Page 2 ort TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO TO: (as applicable) DATE: 10/24/15 • Streets Division Denied • Fire Department Building Safety • Building Division • Community Services X • Development Services Corey Povar • Law Enforcement • Licensing Development Services FR: Corey Povar, RE: Liquor License Application Recreation Manager Attached is a Liquor License Application for staff review. Review the application, then sign, indicating staff's recommendation for approval (with or without stipulations) or denial. If staff's recommendation is to deny and/or there are stipulations for approval, please attach a memo that specifies the reasoning and the memo will be forwarded on to the Town Council for their consideration of this application. Name of Organization: Sunset Kiwanis Applicant: Margaret Ziefert Date(s) of Event: March 23-25, 2018 Date Application Received: 8/3,117 Town Council Agenda Date: 10/3/2017 STAFF REVIEW AND RECOMMENDATION: Department/Division Staff Member Approved Denied N/A Building Safety Peter Johnson X Community Services Corey Povar x Development Services Bob Rodgers Fire Department Jason Payne x 006-k Law Enforcement Mark Fisher �J( Licensing Sonia Kukkola X h Street Department Justin Weldy(kw. 4j Attach report for denial or any recommendation requiring stipulations. 08-03-17 12� 18 RCVi.] Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix, AI 85007-2934 www.azliquor.gov (602) 542-5141 Event Date(s): Event Erne APPLICATION FOR SPECIAL EVENT LiCENSE Fee= $25.00 per clay for 1-10 days (consecutive) tL, (� Cash Checks or Money Orders Only , A service fee- of $25.00 will be charged for all dishonored checks (A.R.S. § 44-6852) IMPORTANT INFORMATION: This document must be fully completed or it will be returned. The Deportment of Liquor Licenses and Control must receive this application ten (10) business days prior to the event. 0 the special event will be held at a location without a permanent liquor license or iF the event will be on any portion of a location that Is not covered by the existing liquor license, this application must be approved by the local government before submission to the Department of Liquor Licenses and Control (see Section 15). SECTION 1 Name of Organization: b 1 WC,- � -- � � u � C3 � J c.1 rt s e t SECTION 2 Non-Profit/IRS Tax Exempt Number: (3-6 Q ? q /-/ �, 3 -:5 - SECTION 3 The organization is a: (check one box only) 2Charitable❑Fratemal (must have regular membership and have been in existence for over five (5) years) ❑Religious ❑Civic (Rotary, College Scholarship) ❑Political Party, Ballot Measure or Campaign Committee SECTION 4 Will this event be held on a currently licensed premise and within the already approved premises?❑Yes X}No Name of Business Ucense Number Phone anclude Area Code) SECTION 5 How is this special event going to conduct all dispensing, serving, and selling of spirituous liquors? Please read 8-19- 318 for explanation (look in special event planning guide) and check one of the Following boxes. ❑Place license in non-use EID;spense and serve all spirituous liquors under retailer's license ®Dispense and serve all spirituous liquors under special event []Split premise between special event and retail location Of NOT USING RETAIL LICENSE SUBMIT A LETTER OF AGREEMENT FROM THE AGENT/OWNER OF THE LICENSED PREMISE TO SUSPEND THE LICENSE DURING THE EVENT. IF THE SPECIAL EVENT IS ONLY USiNG A PORTION OF PREMISZ AGENT/OWNER WILL NEED TO SUSPEND THAT PORTION OF THE PREMISE.) SECTION 6 What is the purpose of this eventg ®On-site consumption ❑Of site (auction) ❑Bath r' SECTION 7 Location of the Event: 40 U -4'-(,i A 14, 1Is; Address of LocationA Ile A uc 0 - rj � ',� � t L _ 7_ _'.3-5-26S . Street CHY couNm stale Tip SECTION 8 Will this be stacked with a wine festival/craft distiller festival? ❑Yes X]No SECTION 9 Applicant must be a member of the qualifying organization and authorized by an Officer, Director or Chairperson of the Organization named in Section 1. (Authorizing signature is required in Section 13.) 1. Applicant: _ I P__� CL /-I- f ' - • . last T ( 1 MUddie { Dole of Blrth 2. Applicant's mailing address: • - • . f Ci r, [ ri rt_u' _- 1+ iQLLAk A 0 � /1S � 7- 5.� � �' • . 'Cfty stale zip 3. Applicant's home/cell phone: Applicant's business phone: (�} 4. Applicant's email address: -S Uy SRTS --A o Q. Corn _ -- 41l !'7f114 ❑--- 1 of A SECTION 10 1. Has the applicant been convicted of a felony, or had a liquor license revoked within the last five (5) years? ❑Yes [KNo (Ir yes, Mach explanation.) 2. How many special event licenses have been issued to this location this year? (The number cannot exceed 12 events per year; exceptions under A.R.S. §4-203.02(D).) 3. Is the organizotion using the services of a promoter or other person to manage the event? [:]Yes �]No (If yes, attach o copy of the agreement.) 4. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. The organization applying must receive 25% of the dross revenues of the special event liquor sales. Attach an additional page if necessary. 9 Name 'I.tflr _ !a ri NC . Percentage: 70 Address ,FG ,o J -5 f !rf is A 7- (9 6� stFeew city sfcft 0% Zo Name L ti J ! k � � t'� � Percentage: Address G [c i�,rt r + U5 0 I^ street cly s►nre ZIP 5. Please read A.R.S. § 4-203.02 Special event license; rules and R19-1-205 Reauirements for a Special Event License. Note: ALL ALCOHOLIC BEVERAGE SALES MUST RE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT UNLESS THEY ARE IN AUCTION SEALED CONTAINERS OR THE SPECIAL EVENT LICENSE IS STACKED WITH WINE /CRAFT DISTILLERY FESTIVAL LICENSE" 6. What type of security and control measures will you take to prevent violations of liquor laws at this event? (List type and number of police/security personnel and type of fencing or control barriers, If applIcable.) Number of Police Number of Security Personnel jaiBarriers Explanation: _0 es -0 I f�� f L ec' n )"C' l SECTION 11 Dates and Hours of Event. Days must be consecutive but may not exceed 10 consecutive days III /Ona d ❑--- 12 nF e See A.R.S. § 4-244(IS) and (17) for legal hours of service. PLEASE FILL OUT A SEPARATE APPLICATION FOR EACH "NON-CONSECUTIVE" DAY Date Day of Week Event Start License End rime AM/PM rime AM/PM DAY 1: 3 r r, a cl ` iJ a in DAY 2: `'J aC [ uC {1 T 10; r 0 V C'1"R'1 -5-v'00 ,• L DAY 3. S� f nd()LY 0" 00 ark DAY 4: DAY 5. DAY 6: DAY 7: DAY 8: DAY 9: DAY 10: III /Ona d ❑--- 12 nF e SECTION ] 2 License premises diagram. The licensed premises for your special event is the area in which you are authorized to sell, dispense or serve alcoholic beverages under the provisions of your license. The following space is to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades, or other control measures and security position. a A NT tiF I A6iOUR OF "it l:ou»aA)PPS J 14/1 J7n1 A P- Z nF A s� qq Y .a F � 1 I A6iOUR OF "it l:ou»aA)PPS J 14/1 J7n1 A P- Z nF A SECTION 13 To be completed only by an Officer, Director or Chairperson of the organization named In Section 1. I, QWntRA Name) f `[ (t! Q Ckrrt_t -Z r . ' _,2tr'� declare that I am can Officer, Director or Chairperson of the organization filing thi application as fisted in Section 9. 1 have read the application and the contents and all statements are true, correct and complete. i Redact X J crrr Ca,-�/ r1"eacsr te4' j 41-111 0/ Signature Tlil 1 Pod #on Phon The foregoing instrument was acknowledged before me this State S a kvn i. County of M441&? ct My Commission Expires on: l Dd* r L� i f �}•C: Dry AA0rdf1 rear SECTION 14 This section is to be completed only by the applicant named in Section 9. rK51TH MCC I. rPrW FLJ9 Nan .1 1 ' 1 Ca. r4aref 7—k I- -tJ declare that I am the APPLICANT filing this application as listed in Section 9�1 hatr read the application and the contents and all statements are true, correct and comp is - _ • - , Signahrre THIe1 tosmon Dote Phonehim The foregoing insilrument was acknowledged before me this ' w Day iVior+th veer State , County of �4.1 , t /i My Commission Expires on:151-1 19 C 1. ` d a KEITH MCI Notary Pubbc - Signafure of No My COt ". UP Please contact the local governing board for additional application requirements and submission deadlines. Additional licensing fees may also be required before approval may be granted. For more information, please contact your local jurisdiction: http:llwww.azlicluor.gov/cssetsZdocuments/homepa<le docs spec event links.odf. SECTION 15 Local Governing Body Approval Section. I, recommend []APPROVAL ❑ DISAPPROVAL (Government Official) MIR) On behalf of (CRY, Town. County) Signcdure Dare Phare SECTION 16 For Department of Liquor Licenses and Control use only. ❑APPROVAL []DISAPPROVAL BY: DATE: A.R.S. § 41-1434. B, An agency shall not base a ficensing decision in whole or in part on a licensing requiremeni or condition Thal is not speciflcoliy authorized by statute, rule or state tribal gaming compact. A general grant of authority in statute does not constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition. D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. THE COURT MAY AWARD REASONABLE ATTORNEY FEES. DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION_ E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY. F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12-820.01 0R 12-820.02. A' "Y TOWN OF FOUNTAIN HILLS 0 TOWN COUNCIL Meeting Date: 101312017 AGENDA ACTION FORM Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Community Services Staff Contact Information: Raymond Rees/480-816-5180/rrees@fh.az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF approving a CONTRACT with Artistic Lancs Management (Contract #C2018-030), in the amount of $207,000, for Wash and Danz Maintenance. Applicant: Applicant Contact Information: Owner: Owner Contact Information: Property Location: Related Ordinance, policy or Guiding Principle: Staff Summary (background): The current contract for wash and dam maintenance has expired. Staff issued an Invitation for Bid and three companies replied to the solicitation. Artistic Land Management was the low bidder. With this contract the Town will be able to maintain a four-year maintenance cycle for our washes and dams. We feel confident by maintaining this current cycle we help minimize flooding and help alleviate fire dangers in our washes. Risk Analysis (options or alternatives with implications): Rise in flood and fire danger Fiscal Impact (initial and ongoing costs; budget status): $207,000 - $1,035,000 Budget Reference (page number): Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): Staff Recommendation(s): List Attachments): Solicitation PW2018-01, and required vendor documents SUGGESTED MOTION (for Council use): Move to approve a contract with Artistic Land Management in the amount of $207,000 for wash and dam maintenance. Page i of 2 Pre d by: aym��oo}nd ees, Facilities! vironmental Supervisor 9-11/2017 Dir "ctbr's App aVal: /. I'L 7pp inWeldy,Pu li We ar 917 2017 roved: Grady E. Miller, Town Manager 9/2512017 Page 2 of 2 REQUEST FOR LEGAL SERVICES Name/Phone Number/E-mail of Requestor: date ofR quest:71 112017 Raymond Rees1480-816-5180lrrees@fh.az.gov Date Diri� roved Request: 7/1112017 Procurement Approval by: Craig Rudolphy Due Dat5f(From Town Attorney's office): 817/2417 Headline for return of request from Legal is 10 Yes ❑ No: ❑ - Contact Finance Director business days after Procurement Approval. a Deadline for completed packet items submitted to Council Meeting Date: 911412417 Item does not require Council approval ❑ the Town Clerk - 12 PM the Tuesday prior to the date of the Council meeting. Request for Legal staff: Please provide an Invatation for Bid for Wash and Dam Maintenance. Please referance file # 1572798.2 IFB DS2011-02 Proposed Agenda Language (if applicable): Consent Agenda Item ® Regular Agenda Item ❑ CONSIDERATION of approving a CONTRACT with ? (Contract #2018-030) in the amount of $207.040 for Wash and Clam Maintenance. Vend or/ConsultantlAgreement/Agency Information: Contact Name: Entity Name: Entity Address: Entity Phone, Fax and E-mail address: Town of Fountain Hills Business License Number: Arizona Corporation Commission File Number: Documents Requested: ❑ PA (Purchase) / Amendment ❑ Ordinance # (Draft attached Y1! N) ® IFB (Invitation for Bid) Publication Dates for Zoning Actions: ❑ RFQ (Request for Qualifications) ❑ Resolution # (Draft attached Y1 / N) ❑ RFP (Request for Proposals) ❑ Easement (Specify Type) ❑ CSA (Construction) / Amendment ❑ Deed (Specify Type) ❑ QSP ❑ IGA /Amendment (Corresponding Resolution Required) ❑ Cooperative Purchasing Agreement Approval PSA / Amendment ❑ Other Required Contract/Agreement Information: Method of Vendor Selection:IFB Terra of Contract/Ag reement: I year with 4 optional I year renewals Contract Amount (this contract): 207 000 Cumulative Contract Amount:$1,035.000 Brief description of services/goods being sought: Wash and Dam Maintenance Contract # assigned: 2018-030 Funding Source: General Project No. Budget Transfer Required: ; if yes, attach appropriate documentation -------------------------------------------------------------------------------------------------------------------------------------- Staff Check List: A "request for legal services form" will be returned if submitted without the necessary information and attachments. *scope of Work or Specifications Attached *QSP Document Attached 'Fee Proposal or Price 'Sheet Attached *Underlying Cooperative Purchasing Agreement Attached *Proposal or Statement of Qualifications from Vendor Attached 'Bid/RFQ/RFP schedule Attached Finance requires a "contract cover sheet" prior to processing the approved/signed contract/agreement for payment(s). c:lu5er:;',noes'•ap�c4ata'.Locall[nicrnxnl"l,«•inr3t,ws'.[crnp��rary in[enict fi1eslcontent.1e510c3r21 1 inlrequest—for legal_services+fonn+revised.doex Rev. 12/2016 CONTRACT/GRANT INFORMATION SHEET - NEW CONTRACT Date: 9/7/2017 Staff's Name: Raymond Rees Department: Public Works Vendor's Name:Artictic Land Management Vendor Number: 576 Address: Phone: Received W9:❑ Y ❑ N [E ALREADY IN SYSTEM Business License #:2978 Exp. Date: 8/31/2018 ACCOUNTING SUMMARY Org Object Project/# $ Accounting Code: ENVAD 6223 If Renewable: $200,000 Accounting Code: ENVAD 6224 Does this Contract put it over $50,000 1 E Yes $7,000 Accounting Code: 10/3/2017 Contract Expiration Date: 10/2/2018 Budgeted Expenditure: TBD(used forvariety of different things/departments/funds): ( hoose an if _ : Budget Page #: Approved by Council: CONTRACT SUMMARY Contract Dumber Assigned: 02018-030 Current Contract Total: $207,000 Total Contract Amount with Renewals: $1,035,000 Brief Description of Service: Wash and Dam Maintenance If Renewable: Original Total # of Renewals Max: 4 FY Cumulative Vendor Totals: Does this Contract put it over $50,000 1 E Yes ❑ No Contract Beginning Date: 10/3/2017 Contract Expiration Date: 10/2/2018 Budgeted Expenditure: ® Yes ❑ No Budget Page #: Approved by Council: ® Yes; Date: 10/3/2017 ❑ No ❑ N/A Insurance Certificate provided: ® Yes ❑ No ❑ N/A Warranty Period: ❑ Yes ❑ No If Yes, expires Click here to enter a date. Estimated Start Date: 11/1/2017 Estimated Completion Date: 4/30/2018 GRANT SUMMARY Paid for by Grant: Yes ❑ No Name of Grantee: Grant Number Assigned: Resolution Number: Date Council Approved: Revised 12/2.1/16 TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT INVITATION FOR BIDS WASH AND DAM MAINTENANCE Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 SOLICITATION INFORMATION AND SCHEDULE Solicitation Number: PW2018-01 Release Date: August 16, 2017 Advertisement Dates: August 16 and 23, 2017 — Fountain Hills Times August 17 and 24, 2017 — Arizona Business Gazette Final Date for Inquires August 30, 2017 MANDATORY August 28, 2017 Prospective Bidder's Conference: 2:00 p.m. (local time, Phoenix, Arizona) Fountain Hills Town Hall Council Chambers 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Bid Deadline: September 7, 2017 2:00 p.m. (local time, Phoenix, Arizona) Bid Opening: September 7, 2017 2:00 p.m. (local time, Phoenix, Arizona) Town Representatives: Raymond Rees rreesgfh.az.gov Justin Weldy jweldygfh.az.gov In accordance with the Town of Fountain Hills Procurement Code, competitive sealed Bids for the services specified herein will be received by the Town Clerk at the Town Clerk's Office at the above -referenced location until the date and time referenced above (the "Bid Deadline"). Bids received by the Bid Deadline shall be publicly opened and the Bid Price read. Bids must be in the actual possession of the Town Clerk on, or prior to, the Bid Deadline. Late Bids shall not be considered, except as provided in the Town Procurement Code. Each Bid shall be submitted in a sealed envelope with the Solicitation Number and the Bidder's name and address clearly indicated on the front of the envelope. * The Town of Fountain Hills reserves the right to amend the solicitation schedule as necessary. 3034225.1 TOWN OF FOUNTAIN HILLS PUBLIC WORDS DEPARTMENT PW2018-01 OFFER The undersigned (the "Bidder") hereby offers this Bid as an offer to contract with the Town under the terms and conditions set forth below and certifies that Bidder has read, understands and agrees to fully comply with, and be contractually bound by, all terms and conditions as set forth in this Invitation For Bids ("IFB"), the Contract formed hereby (as defined below) and any amendments thereto, together with all Exhibits, Specifications, Flans and other documents included as part of this Contract (the "Contract Documents"). Arizona Transaction (Sales) Privilege For Clarification of this Bid contact: Tax License Number: 0-1 Q4 512)"1 7— Federal Federal Employer Identification Name:,]C—j5r-- Number: — 1{D �� Telephone: 4EQ• F'Zl. 4G Ukp Qui 1 -'CiC L.4 sc �Lp Facsimile: 4��7 • ql�]4. 15%6)1 Contractor Name Email: USe N LM, *%t --'1C • ?Q- eqA 237-C�) Address/Authorized Signature f ontractor cjkANI>)1Ece- P2,Z t 'G2.,- eq-�•z-- City State Zip Code Printed Name 2 Title ACCEPTANCE OF OFFER AND NOTICE OF AWARD (FOR TOWN OF FOUNTAIN HILLS USE ONLY) Effective Date: Contract No. Official File: TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Grady E. Miller, Town Manager ATTEST: APPROVED AS TO FORM: Bevelyn J. Bender, Town Clerk Andrew J. McGuire, Town Attorney 3034225.1 TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT PW2018-01 ARTICLE I - DEFINITIONS For purposes of this Invitation for Bids, the following definitions shall apply: 1.1 "Bid" or "Offer" means a responsive bid or quotation submitted by a Bidder in response to this Invitation for Bids. 1.2 "Bid Deadline" means the date and time set forth on the cover of this IFB for the Town Clerk to be in actual possession of the sealed Bids. 1.3 "Bid Opening" means the date and time set forth on the cover of this Invitation for Bids for opening of sealed Bids. 1.4 "Bidder" means any person or firm submitting a competitive Bid in response to this IFB. 1.5 "Confidential Information" means that portion of a Bid, proposal, Offer, Specification or protest that contains information that the person submitting the information believes should be withheld, provided (i) such person submits a written statement advising the Town of this fact at the time of the submission and (ii) the information is so identified wherever it appears. 1.6 "Contract" means, collectively, the (i) Offer/Bid, (ii) this IFB, including all exhibits, (iii) the Notice of Award, (iv) the Notice to Proceed or Purchase Order(s), (v) any approved Addendum, Change Order or Amendment, (vi) the Contractor's Certificates of Insurance and a copy of the Declarations Page(s) of the insurance policies, (vii) any Plans, Specifications or other documents attached, appended or incorporated herein by reference. Alternate or optional bid items will become part of the Contract only if they are accepted by the Town in writing on the Price Sheet. 1.7 "Contractor" means the individual, partnership, corporation or limited liability company who has submitted a Bid in response to this IFB and who, as a result of the competitive bidding process, is awarded a contract for Materials or Services by the Town. 1.8 "Day(s)" means calendar day(s) unless otherwise specified. 1.9 "Invitation for Bids" or "IFB" means this request by the Town for participation in the competitive bidding process according to all documents, including those attached or incorporated herein by reference, utilized for soliciting Bids for the Services and/or Materials in compliance with the Town's Procurement Code. 1.10 "Materials" means any personal property, including equipment, materials, replacements and supplies provided by the Contractor in conjunction with the Contract and shall include, in addition to Materials incorporated in the Project, equipment and other material used and/or consumed in the performance of Services or Work. 1.11 "Multiple Award" means an award of an indefinite quantity contract for one or more similar products, commodities or Services to more than one Bidder. 1.12 "Price" means the total expenditure for a defined quantity of a commodity or service. 1.13 "Procurement Administrator" means a Town employee, as designated on the cover of this IFB, who has specifically been designated to act as a contact person to the Bidders and/or Contractor relating to their IFB. 1.14 "Procurement Agent" means the Town Manager or authorized designee. 1.15 "Procurement Code" means the Town's Procurement Code, as amended from time to time. 3034225.1 TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT PW2018-01 1.16 "Project" means the purpose and Work described as set forth in Section 2.1, Purpose/Scope of Work, of the IFB. 1.17 "Services" means the furnishing of labor, time or effort by a Contractor, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance and as further defined in the Contract. This term does not include "professional and technical services" as defined in the Procurement Code. 1.18 "Specification" means any description of the physical characteristics, functional characteristics, or the nature of a commodity, product, supply or Services. The term may include a description of any requirements for inspecting, testing, or preparing a supply or service item for delivery. 1.19 "Subcontractor" means those persons or groups of persons having a direct contract with the Contractor to perform a portion of the Work and those who furnish Materials according to the plans and/or Specifications required by this Contract. 1.20 "Town" means the Town of Fountain Hills, an Arizona municipal corporation. 1.21 "Town Representative" means the Town employee who has specifically been designated to act as a contact person to the Town's Procurement Administrator, and who is responsible for monitoring and overseeing the Contractor's performance under the Contract and for providing information regarding details pertaining to the Work. 1.22 "Vendor" means any firms, entities or individuals desiring to prepare a responsive Bid in response to this IFB. 1.23 "Work" means all labor, Materials and equipment incorporated or to be incorporated in the Project that are necessary to accomplish the Services required by this Contract. /:\710to@ lla3179610Zt1WIM3IZ:iV.11.117F 2.1 Purpose/Scope of Work. The Work included in this Project consists of performing wash and dam maintenance, which will include cutting, chipping and hauling away vegetation. The Town is issuing this IFB is to secure a qualified General Contractor to perform the Work and provide all Materials as more particularly described in the Scope of Work attached hereto as Exhibit A, and incorporated herein by reference. 2.2 Amendment of IFB. No alteration may be made to this IFB or the resultant Contract without the express, written approval of the Town in the form of an official IFB addendum or Contract amendment. Any attempt to alter this IFB/Contract without such approval is a violation of this IFB/Contract and the Town Procurement Code. Any such action is subject to the legal and contractual remedies available to the Town including, but not limited to, Contract cancellation and suspension and/or debarment of the Bidder or Contractor. 2.3 Preparation/Submission of Bid. Bidders are invited to participate in the competitive bidding process for the Services specified in this IFB. Bidders shall review their Bid submissions to ensure the following requirements are met. A. Irregular/Non-responsive Bids. The Town will consider as "irregular" or "non- responsive" and shall reject any Bid not prepared and submitted in accordance with the IFB and Specifications, or any Bid lacking sufficient information to enable the Town to make a reasonable determination of compliance with the Specifications. Unauthorized or unreasonable exceptions, conditions, limitations, or provisions shall be cause for rejection. Bids may be deemed non-responsive at any time during the evaluation process if, in the sole opinion of the Procurement Agent, any of the following are true: 3034225.1 2 TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT PW2018-01 1. Bidder does not meet the minimum required skill, experience or requirements to perform the Services or provide the Materials. obligations. 2. Bidder has a past record of failing to fully perform or fulfill contractual 3. Bidder cannot demonstrate financial stability. 4. Bid submission contains false, inaccurate or misleading statements that, in the opinion of the Procurement Agent, are intended to mislead the Town in its evaluation of the Bid. B. Specification Minimums. Bidders are reminded that the Specifications stated in the Scope of Work as part of this IFB are the minimum levels required and that Bids submitted must be for products or Services that meet or exceed the minimum level of all features specifically listed in this IFB. Bids offering less than the minimums specified will be deemed not responsive. It shall be the Bidder's responsibility to carefully examine each item listed in the Scope of Work. C. Required Submittal. Bidders shall provide all of the following documents to be considered a responsive Bid: 1. Complete, fully executed original of this IFB, with the Offer signed in ink by a person authorized to bind the Bidder. 2. Price Sheet. 3. Bid Bond. 4. Licenses; Certifications; DBE/MBE Status. 5. References. 6. Acknowledgment for each Addendum received, if any. D. Bidder Responsibilities. All Bidders shall (1) examine the entire Bid package, (2) seek clarification of any item or requirement that may not be clear, (3) check all responses for accuracy before submitting a Bid and (4) submit the entire, completed Bid package by the official Bid Deadline. Late Bids shall not be considered. Bids not submitted with an original, signed Offer page by a person authorized to bind the Bidder shall be considered non-responsive. Negligence in preparing a Bid shall not be good cause for withdrawal after the Bid Deadline. E. Sealed Bids. All Bids shall be sealed and clearly marked with the IFB title and number on the lower left hand corner of the mailing envelope. A return address must also appear on the outside of the sealed Bid. F. Address. All Bids shall be directed to the following address: Town Clerk, 16705 East Avenue of the Fountains, Fountain Hills, Arizona 85268, or hand -delivered to the Town Clerk's office. G. Bid Forms. All Bids shall be on the forms provided in this IFB. It is permissible to copy these forms if required. Telegraphic (facsimile), electronic (email) or mailgram Bids will not be considered. H. Modifications. Erasures, interlineations, or other modifications in the Bid shall be initialed in original ink by the authorized person signing the Bid. 3034225.1 3 TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT PW2018-01 I. Withdrawal. At any time prior to the specified Bid Opening, a Bidder (or designated representative) may amend or withdraw its Bid. Facsimile, electronic (email) or mailgram Bid amendments or withdrawals will not be considered. No Bid shall be altered, amended or withdrawn after the specified Bid Deadline, unless otherwise permitted pursuant to the Town Procurement Code. 2.4 Inquiries; Interpretation of Specifications; Scope of Work. A. Inquiries. Any question related to the IFB, including any part of the Specifications, Scope of Work or other Contract Documents, shall be directed to the Town Representatives whose names appear on the cover page of this IFB. Questions shall be submitted in writing by the date indicated on the cover page of this IFB; the Town will not respond to any inquiries submitted later than the Final Date for Inquiries. The Vendor submitting such inquiry will be responsible for its prompt delivery to the Town. Any correspondence related to the IFB shall refer to the title and number, page and paragraph. However, the Bidder shall not place the IFB number and title on the outside of any envelope containing questions, because such an envelope may be identified as a sealed Bid and may not be opened until the Bid Opening. Any interpretations or corrections of the proposed Contract Documents will be made only by addenda duly approved and issued by the Town. The Town will not be responsible for any other explanations or interpretations of the Contract Documents. B. Addenda. It shall be the Bidder's responsibility to check for addenda issued to this IFB. Any addendum issued by the Town with respect to this IFB will be available at: Town of Fountain Hills Town Hall, 16705 East Avenue of the Fountains, Fountain Hills, Arizona 85268 Town of Fountain Hills website at: http://www.fh.az.govBids.aWx C. Approval of Substitutions. The Materials, products, and equipment described in this IFB establish a standard or required function, dimension, appearance and quality to be met by any proposed substitution. No substitute will be considered unless written request for approval has been received by the Town Representative at least 10 Days prior to the Bid Deadline. Each such request shall include the name of the Material or equipment for which it is to be substituted and a complete description of the proposed substitute, including any drawings, performance and test data and any other information necessary for evaluation of the proposed substitute. If a substitute is approved, the approval shall be by written addendum to the IFB. Bidder shall not rely upon approvals made in any other manner. D. Use of Equals. When the Scope of Work or Specifications for Materials, articles, products and equipment include the phrase "or equal," Bidder may bid upon and use Materials, articles, products and equipment that will perform equally the duties imposed by the general design. The Town Representative will have the final approval of all Materials, articles, products and equipment proposed to be used as an "equal." No such "equal" shall be purchased or installed without prior, written approval from the Town Representative. Approvals for "equals" before Bid Opening may be requested in writing to the Town Representative for approval. Requests must be received at least 10 Days prior to the Bid Deadline. The request shall include the name of the Material, article, product or equipment for which the item is sought to be considered an equal and a complete description of the proposed equal including any drawings, performance and test data and any other information necessary for approval of the equal. All approval of equals shall be issued in the form of written addendum or amendment, as applicable, to this IFB or the Contract. E. Bid Quantities. It is expressly understood and agreed by the parties hereto that the quantities of the various classes of Services and/or Materials to be furnished under this Contract, which have been estimated as stated in the Bidders' Offer, are only approximate and are to be used solely for the purpose of comparing, on a consistent basis, the Bidders' Offers presented for the Work under this Contract. The selected Contractor agrees that the Town shall not be held responsible if any of the quantities shall be found to be incorrect and the Contractor will not make any claim for damages or for loss of profits because of a difference 3034225.1 4 TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT PW2018-01 between the quantities of the various classes of Services and/or Materials as estimated and the Services and/or Materials actually provided. If any error, omission or misstatement is found to occur in the estimated quantities, the same shall not (1) invalidate the Contract or the whole or any part of the Scope of Work, (2) excuse Contractor from any of the obligations or liabilities hereunder or (3) entitle Contractor to any damage or compensation except as may be provided in this Contract. 2.5 Prospective Bidders' Conference. A Prospective Bidders' Conference may be held. If scheduled, the date and time of the Prospective Bidders' Conference will be indicated on the cover page of this IFB. The Prospective Bidders' Conference may be designated as mandatory or non -mandatory on the cover of this IFB. Bids shall not be accepted from Bidders who do not attend a mandatory Prospective Bidders' Conference. Bidders are strongly encouraged to attend those Prospective Bidder's Conferences designated as non -mandatory. The purpose of the Prospective Bidders' Conference will be to clarify the contents of the IFB in order to prevent any misunderstanding of the Town's requirements. Any doubt as to the requirements of this IFB or any apparent omission or discrepancy should be presented to the Town at the Prospective Bidders' Conference. The Town will then determine if any action is necessary and may issue a written amendment or addendum to the IFB. Oral statements or instructions will not constitute an amendment or addendum to the IFB. 2.6 New Materials. All Materials to be provided by the Contractor and included in the Bid shall be new, unless otherwise stated in the Specifications. 2.7 Pricing. Work shall be provided at the unit prices as set forth in the Price Sheet attached hereto as Exhibit B and incorporated herein by reference. Bid Prices shall be submitted on a per unit basis by line item, when applicable and include all applicable sales tax. In the event of a disparity between the unit price and extended price, the unit price shall prevail. NOTE: All pricing blanks must be filled in. Empty or unfilled spaces in the Price Sheet shall be deemed as a NO BID entry for that item. 2.8 Subcontracts. Bidders shall submit a listing of all proposed Subcontractors or suppliers that the Bidder intends to utilize relating to the Project, in the form attached hereto as Exhibit C. Failure on the part of the Bidder to complete or improperly complete the Subcontractor Listing will constitute sufficient cause for rejection. Proposed Subcontractors shall qualified and have the requisite licenses and be licensed to do business in the State of Arizona. The Bidder may list itself by writing "Self' adjacent to the category of work for which the Bidder assumes responsibility for performance of the Work assumes the responsibility of the Subcontractor. Subcontractor Listings submitted by unsuccessful Bidders will be returned, unopened, unless required in order to determine responsibility and responsiveness of the Subcontractors and the Bidder's Offers. The Town reserves the right to review and reasonably object to the Subcontractors proposed, and the selected Contractor shall not retain a Subcontractor to which the Town has a reasonable objection. 2.9 Payment; Discounts. Any Bid that requires payment in less than 30 Days shall not be considered. Payment discounts of 30 Days or less will not be deducted from the Bid Price in determining the low Bid. The Town shall be entitled to take advantage of any payment discount offered, provided payment is made within the discount period. Payment discounts shall be indicated on Price Sheet. 2.10 Taxes. The Town is exempt from Federal Excise Tax, including the Federal Transportation Tax. Transaction privilege tax, if any, shall be included in the unit price for each line item. It shall not be considered a lump sum payment item. Bidder should not include tax on any allowances. It is the sole responsibility of the Bidder to determine any applicable State tax rates and calculate the tax accordingly. Failure to accurately tabulate any applicable taxes may result in a determination that a Bid is non-responsive. The Bidder shall not rely on, and shall independently verify, any tax information provided by the Town. 2.11 Federal Funding. It is the responsibility of the Bidder to verify and comply with federal requirements that may apply to the Work (the "Federal Requirements"). It is also the responsibility of the Bidder 3034225.1 5 TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT PW2018-01 to incorporate any necessary amounts in the Bid to accommodate for required federal record-keeping, necessary pay structures or other matters related to the Federal Requirements, if any. 2.12 Cost of Bid/Proposal Preparation. Bids submitted for consideration should be prepared simply and economically, providing adequate information in a straightforward and concise manner. The Town does not reimburse the cost of developing, presenting or providing any response to this solicitation; the Bidder is responsible for all costs incurred in responding to this IFB. All materials and documents submitted in response to this IFB become the property of the Town and will not be returned. 2.13 Public Record. All Bids shall become the property of the Town. After Contract award, Bids shall become public records and shall be available for public inspection in accordance with the Town's Procurement Code, except that any portion of a Bid that was designated as confidential pursuant to Section 2.14 below shall remain confidential from and after the time of Bid opening to the extent permitted by Arizona law. 2.14 Confidential Information. If a Vendor/Bidder believes that a Bid, Specification, or protest contains information that should be withheld from the public record, a statement advising the Procurement Agent of this fact shall accompany the submission and the information shall be clearly identified. The information identified by the Vendor or Bidder as confidential shall not be disclosed until the Procurement Agent makes a written determination. The Procurement Agent shall review the statement and information with the Town Attorney and shall determine in writing whether the information shall be withheld. If the Town Attorney determines that it is proper to disclose the information, the Procurement Agent shall inform the Vendor or Bidder in writing of such determination. 2.15 Vendor Licensing and Registration. Prior to the award of the Contract, the successful Bidder shall be registered with the Arizona Corporation Commission and authorized to do business in Arizona. Bidders shall provide license and certification information with the Bid, attached as Exhibit D and incorporated herein by reference. Upon the Town's request, corporations, limited liability companies, partnerships or other entities shall provide Certificates of Good Standing from the Arizona Corporation Commission. A Town of Fountain Hills business license is also required. 2.16 Bidder Qualifications. A. Experience and References. Bidder must demonstrate successful completion of at least three similar projects within the past 60 months, one of which must have a dollar value of at least 75% of the total bid for this Project as set forth in the Price Sheet, attached as Exhibit B. Total bid price does not include any Town allowances identified. For the purpose of this Solicitation, "successful completion" means completion of a project within the established schedule and budget and "similar projects" resemble this Project in size, nature and scope. References for these three projects shall be listed on the sheet attached hereto as Exhibit E and incorporated herein by reference. These references will be checked, and it is Bidder's responsibility to ensure that all information is accurate and current. Bidder authorizes the Town's representative to verify all information from these references and releases all those concerned from any liability in connection with the information they provide. B. Investigation. The Town's representative may conduct any investigation deemed necessary to determine the Bidder's ability to perform the Work in accordance with the Contract Documents. The three lowest Bidders may be requested to submit additional documentation within 72 hours to assist the Town in its evaluation. 2.17 Certification. By submitting a Bid, the Bidder certifies: A. No Collusion. The submission of the Bid did not involve collusion or other anti- competitive practices. 3034225.1 6 TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT PW2018-01 B. No Discrimination. It shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246. C. No Gratuity. It has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip favor or service to a Town employee, officer, agent or elected official in connection with the submitted Bid or a resultant Contract. In the event that the resultant Contract is canceled pursuant to Subsection 3.13(E) below, the Town shall be entitled, in addition to any other rights and remedies, to recover and withhold from the Contractor an amount equal to 150% of the gratuity. D. Financial Stability. It is financially stable, solvent and has adequate cash reserves to meet all financial obligations including any potential costs resulting from an award of the Contract. E. No Signature/False Statement. The signature on the Bid and the Vendor Information Form is genuine. Failure to sign the Bid or the Vendor Information Form, or signing either with a false statement, shall void the submitted Bid and any resulting Contract, and the Bidder may be debarred from further bidding in the Town. 2.18 Bid Bond. All Vendors desiring to prepare a responsive Bid shall submit a non -revocable bid security payable to the Town in the amount of ten percent (10%) of the total Bid Price. This security shall be in the form of a bid bond, certified check or cashier's check and must be in the possession of the Town Representative by the Bid Deadline. All bid security from Contractor(s) who have been issued a Notice of Award shall be held until the successful execution of all required Contract Documents and bonds. If the Contractor fails to execute the required contractual documents and bonds within the time specified, or 10 Days after Notice of Award if no period is specified, the Contractor may be found to be in default and the Contract terminated by the Town. In case of default, the Town reserves all rights inclusive of, but not limited to, the right to purchase material and/or to complete the Work and to recover any actual excess costs associated with such completion from the Contractor. All bid bonds shall be executed in the form attached hereto as Exhibit F, duly executed by the Bidder as Principal and having as Surety thereon a Surety company holding a Certificate of Authority from the Arizona Department of Insurance to transact surety business in the State of Arizona. Individual sureties are unacceptable. All insurers and sureties shall have, at the time of submission of the proposal, an A.M. Best's Key Rating Guide of "A-" or better as currently listed in the most recent Best Key Guide, published by the A.M. Best Company. As soon as is practicable after the completion of the evaluation, the Town will (A) issue a Notice of Award for those Offers accepted by the Town and (B) return all checks or bonds to those Bidders who have not been issued a Notice of Award. 2.19 Award of Contract. A. Multiple Award. The Town may, at its sole discretion, accept Bidder's Offer as part of a Multiple Award. B. Line Item Option. Unless the Bidder's Offer indicates otherwise, or unless specifically provided within the Contract, the Town reserves the right to award by individual line item, by group of line items, or as a total, whichever is deemed most advantageous to the Town. The Town's flexibility with respect to the method of award also includes any items bid as alternates, which may be accepted or rejected, in whole or in part, at the Town's sole discretion. C. Evaluation. The evaluation of this Bid will be based on, but not limited to, the following: (1) compliance with Scope of Work, (2) Price, including alternates selected by the Town, if any, and taxes, but excluding "as -needed" services requested by the Town and (3) Bidder qualifications to provide the Services/Materials. 3034225.1 7 TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT PW2018-01 D. Waiver; Rejection; Reissuance. Notwithstanding any other provision of this IFB, the Town expressly reserves the right to: (1) waive any immaterial defect or informality, (2) reject any or all Bids or portions thereof and (3) cancel or reissue an IFB. E. Offer. A Bid is a binding offer to contract with the Town based upon the terms, conditions and specifications contained in this IFB and the Bidder's responsive Bid, unless any of the terms, conditions, or specifications are modified by a written addendum or contract amendment. Bids become binding contracts when the Acceptance of Offer and Notice of Award is executed in writing by the Town. Bidder Offers shall be valid and irrevocable for 90 Days after the Bid Opening. F. Protests. Any Bidder may protest this IFB, the proposed award of a Contract, or the actual award of a Contract. All protests will be considered in accordance with the process set forth by the Town Manager or qualified designee. ARTICLE III — GENERAL TERMS AND CONDITIONS 3.1 Term. This Contract shall be effective from the date it is fully executed by the Town and remain in full force and effect for one year thereafter (the "Initial Term"), unless terminated as otherwise provided herein. After the expiration of the Initial Term, this Contract may be renewed for up to four successive one-year terms (each a "Renewal Term") if (A) it is deemed in the best interests of the Town, subject to availability and appropriation of funds for renewal in each subsequent year, (B) at least 30 Days prior to the end of the then -current term of the Contract, the Contractor requests, in writing, to extend the Contract for an additional one-year term and (C) the Town approves the additional one-year term in writing (including any price adjustments), as evidenced by the Town Manager's signature thereon, which approval may be withheld by the Town for any reason. The Contractor's failure to seek a renewal of this Contract shall cause the Contract to terminate at the end of the then -current term of this Contract; provided however, that the Town may, at its discretion and with the agreement of the awarded Contractor, elect to waive this requirement and renew this Contract. The Initial Term and any Renewal Term(s) are collectively referred to herein as the "Term." Upon renewal, the terms and conditions of this Contract shall remain in full force and effect. 3.2 Compensation. The Town shall pay the Contractor for Services completed and accepted by the Town at the rates set forth in the Price Sheet. The Contractor shall not commence any billable Work or provide any Services under this Contract until the Contractor receives an executed purchase order from the Town. 3.3 Pam. The Contractor will be paid on the basis of invoices submitted following acceptance of the Services/Materials. All invoices shall document and itemize all Services performed and Materials delivered in sufficient detail to justify payment and shall include the Work Order number authorizing the transaction and shall be delivered to the Town Accounts Payable address indicated on the face of the Work Order, unless otherwise specified. All transportation charges must be prepaid by the Contractor. If invoice is subject to a cash discount, the discount period will be calculated from the date of receipt of the claim or the Materials, whichever is later. 3.4 Documents. All documents prepared and submitted to the Town pursuant to this Contract shall be the property of the Town. 3.5 Contractor Personnel. Contractor shall provide adequate, experienced personnel, capable of and devoted to the successful performance of the Services under this Contract. Contractor agrees to assign specific individuals to key positions. If deemed qualified, the Contractor is encouraged to hire Town residents to fill vacant positions at all levels. Contractor agrees that, upon commencement of the Services to be performed under this Contract, key personnel shall not be removed or replaced without prior written notice to the Town. The term "Key Personnel" means individuals who will be directly assigned to this Project and includes, but is not limited to, the owner, principals, project manager, project superintendent, scheduler, engineer and supervisory personnel. At least two of the Bidder's Key Personnel must have a minimum of three years' 3034225.1 8 TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT PW2018-01 experience in similar projects (defined above) and the scheduler must have experience in employing scheduling techniques appropriate for this Project. Resumes of Key Personnel shall be submitted upon request by the Town's representative. If Key Personnel are not available to perform the Services for a continuous period exceeding 30 Days, or are expected to devote substantially less effort to the Services than initially anticipated, Contractor shall immediately notify the Town of same and shall, subject to the concurrence of the Town, replace such personnel with personnel possessing substantially equal ability and qualifications. 3.6 Inspection; Acceptance. All Work shall be subject to inspection and acceptance by the Town at reasonable times during Contractor's performance. The Contractor shall provide and maintain a self -inspection system that is acceptable to the Town. 3.7 Licenses; Materials. Contractor shall maintain in current status all federal, state and local licenses and permits required for the operation of the business conducted by the Contractor. The Town has no obligation to provide Contractor, its employees or Subcontractors any business registrations or licenses required to perform the specific Services set forth in this Contract. The Town has no obligation to provide tools, equipment or Material to Contractor. 3.8 Performance Warranty. Contractor warrants that the Services rendered will conform to the requirements of this Agreement and with the care and skill ordinarily used by members of the same profession practicing under similar circumstances at the same time and in the same locality. 3.9 Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, defend and hold harmless the Town and each council member, officer, employee or agent thereof (the Town and any such person being herein called an "Indemnified Party"), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever ("Claims"), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the Work or Services of the Contractor, its officers, employees, agents, or any tier of Subcontractor in the performance of this Contract. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of the indemnity in this Section. 3.10 Changes; Cancellation. The Town reserves the right to cancel or make changes in the Services or Materials to be furnished by the Contractor within a reasonable period of time after issuance of Work Orders. If such changes cause an increase or decrease in the amount due under the Work Order, or in the time required for Contractor's performance, an acceptable adjustment shall be made and the Work Order shall be modified in writing accordingly. Any agreement for adjustment must be asserted in writing within 10 Days from when the change is ordered. 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 a notice of cancellation from the Town, or for lost profits, shipment of product or costs incurred prior to issuance of a Work Order. 3.11 Insurance. A. General. 1. Insurer Qualifications. Without limiting any obligations or liabilities of Contractor, Contractor shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies authorized to do business in the State of Arizona pursuant to ARIZ. REv. STAT. § 20-206, as amended, with an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the Town. Failure to maintain insurance as specified herein may result in termination of this Contract at the Town's option. 3034225.1 9 TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT PW2018-01 2. No Representation of Coverage AdequacX. By requiring insurance herein, the Town does not represent that coverage and limits will be adequate to protect Contractor. The Town reserves the right to review any and all of the insurance policies and/or endorsements cited in this Contract but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Contract or failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Contract. 3. Additional Insured. All insurance coverage, except Workers' Compensation insurance and Professional Liability insurance, if applicable, shall name, to the fullest extent permitted by law for claims arising out of the performance of this Contract, the Town, its agents, representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of this Contract. 4. Coverage. All insurance required herein shall be maintained in full force and effect until all Work or Services required to be performed under the terms of this Contract are satisfactorily performed, completed and formally accepted by the Town, unless specified otherwise in this Contract. 5. Primary Insurance. Contractor's insurance shall be primary insurance with respect to performance of this Contract and in the protection of the Town as an Additional Insured. 6. Claims Made. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend, either by keeping coverage in force or purchasing an extended reporting option, for three years past completion and acceptance of the services. Such continuing coverage shall be evidenced by submission of annual Certificates of Insurance citing applicable coverage is in force and contains the provisions as required herein for the three-year period. 7. Waiver. All policies, except for Professional Liability, including Workers' Compensation insurance, shall contain a waiver of rights of recovery (subrogation) against the Town, its agents, representatives, officials, officers and employees for any claims arising out of the Work or Services of Contractor. Contractor shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto. 8. Policy Deductibles and/or Self -Insured Retentions. The policies set forth in these requirements may provide coverage that contains deductibles or self-insured retention amounts. Such deductibles or self-insured retention shall not be applicable with respect to the policy limits provided to the Town. Contractor shall be solely responsible for any such deductible or self-insured retention amount. 9. Use of Subcontractors. If any Work under this Contract is subcontracted in any way, Contractor shall execute written agreement with its Subcontractors containing the indemnification provisions set forth in this subsection and insurance requirements set forth herein protecting the Town and Contractor. Contractor shall be responsible for executing any agreements with its Subcontractor and obtaining certificates of insurance verifying the insurance requirements. 10. Evidence of Insurance. Prior to commencing any Work or Services under this Contract, Contractor will provide the Town with suitable evidence of insurance in the form of certificates of insurance and a copy of the declaration page(s) of the insurance policies as required by this Contract, issued by Contractor's insurance insurer(s) as evidence that policies are placed with acceptable insurers as specified herein and provide the required coverages, conditions and limits of coverage specified in this Contract and that such coverage and provisions are in full force and effect. Confidential information such as the policy premium may be redacted from the declaration page(s) of each insurance policy, provided 3034225.1 10 TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT PW2018-01 that such redactions do not alter any of the information required by this Contract. The Town shall reasonably rely upon the certificates of insurance and declaration page(s) of the insurance policies as evidence of coverage but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations of this Contract. If any of the policies required by this Contract expire during the life of this Contract, it shall be Contractor's responsibility to forward renewal certificates and declaration page(s) to the Town 30 Days prior to the expiration date. All certificates of insurance and declarations required by this Contract shall be identified by referencing this Contract. A $25.00 administrative fee shall be assessed for all certificates or declarations received without a reference to this Contract. Additionally, certificates of insurance and declaration page(s) of the insurance policies submitted without referencing this Contract will be subject to rejection and may be returned or discarded. Certificates of insurance and declaration page(s) shall specifically include the following provisions: a. The Town, its agents, representatives, officers, directors, officials and employees are Additional Insureds as follows: (i) Commercial General Liability - Under Insurance Services Office, Inc., ("ISO") Form CG 20 10 03 97 or equivalent. (ii) Auto Liability - Under ISO Form CA 20 48 or equivalent. (iii) Excess Liability - Follow Form to underlying insurance. b. Contractor's insurance shall be primary insurance with respect to performance of the Contract. C. All policies, except for Professional Liability, including Workers' Compensation, waive rights of recovery (subrogation) against Town, its agents, representatives, officers, officials and employees for any claims arising out of Work or Services performed by Contractor under this Contract. d. ACORD certificate of insurance form 25 (2014/01) is preferred. If ACORD certificate of insurance form 25 (2001/08) is used, the phrases in the cancellation provision "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" shall be deleted. Certificate forms other than ACORD form shall have similar restrictive language deleted. B. Required Insurance Coverage. 1. Commercial General Liability. Contractor shall maintain "occurrence" form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent contractors, products -completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not limited to, separation of insured's clause. To the fullest extent allowed by law, for claims arising out of the performance of this Contract, the Town, its agents, representatives, officers, officials and employees shall be cited as an Additional Insured under ISO, Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or equivalent, which shall read "Who is an Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you." If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be "follow form" equal or broader in coverage scope than underlying insurance. 3034225.1 11 TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT PW2018-01 2. Vehicle Liability. Contractor shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Contractor's owned, hired and non -owned vehicles assigned to or used in the performance of the Contractor's Work or Services under this Contract. Coverage will be at least as broad as ISO coverage code "1" "any auto" policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for claims arising out of the performance of this Contract, the Town, its agents, representatives, officers, directors, officials and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be "follow form" equal or broader in coverage scope than underlying insurance. 3. Professional Liability. If this Contract is the subject of any professional Services or Work, or if the Contractor engages in any professional Services or Work in any way related to performing the Work under this Contract, the Contractor shall maintain Professional Liability insurance covering negligent errors and omissions arising out of the Services performed by the Contractor, or anyone employed by the Contractor, or anyone for whose negligent acts, mistakes, errors and omissions the Contractor is legally liable, with an unimpaired liability insurance limit of $2,000,000 each claim and $2,000,000 annual aggregate. 4. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Contractor's employees engaged in the performance of Work or Services under this Contract and shall also maintain Employers Liability Insurance of not less than $500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy limit. C. Cancellation and Expiration Notice. Insurance required herein shall not expire, be canceled, or be materially changed without 30 Days' prior written notice to the Town. 3.12 Applicable Law; Venue. This Contract shall be governed by the laws of the State of Arizona and suit pertaining to this Contract may be brought only in courts in Maricopa County, Arizona. 3.13 Termination; Cancellation. A. For Town's Convenience. This Contract is for the convenience of the Town and, as such, may be terminated without cause after receipt by Contractor of written notice by the Town. Upon termination for convenience, Contractor shall be paid for all undisputed Services performed and Materials delivered to the termination date. B. For Cause. If either party fails to perform any obligation pursuant to this Contract and such party fails to cure its nonperformance within 30 Days after notice of nonperformance is given by the non - defaulting party, such party will be in default. In the event of such default, the non -defaulting party may terminate this Contract immediately for cause and will have all remedies that are available to it at law or in equity including, without limitation, the remedy of specific performance. If the nature of the defaulting party's nonperformance is such that it cannot reasonably be cured within 30 Days, then the defaulting party will have such additional periods of time as may be reasonably necessary under the circumstances, provided the defaulting party immediately (1) provides written notice to the non -defaulting party and (2) commences to cure its nonperformance and thereafter diligently continues to completion the cure of its nonperformance. In no event shall any such cure period exceed 90 Days. In the event of such termination for cause, payment shall be made by the Town to the Contractor for the undisputed portion of its fee due as of the termination date. C. Due to Work Stoppage. This Contract may be terminated by the Town upon 30 Days' written notice to Contractor in the event that the Services are permanently abandoned. In the event of such termination due to Work stoppage, payment shall be made by the Town to the Contractor for the undisputed portion of its fee due as of the termination date. 3034225.1 12 TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT PW2018-01 D. Conflict of Interest. This Contract is subject to the provisions of ARiz. REV. STAT. § 38- 511. The Town may cancel this Contract without penalty or further obligations by the Town or any of its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting or creating this Contract on behalf of the Town or any of its departments or agencies is, at any time while the Contract or any extension of the Contract is in effect, an employee of any other party to the Contract in any capacity or a consultant to any other party of the Contract with respect to the subject matter of the Contract. E. Gratuities. The Town may, by written notice to the Contractor, cancel this Contract if it is found by the Town that gratuities, in the form of economic opportunity, future employment, entertainment, gifts or otherwise, were offered or given by the Contractor or any agent or representative of the Contractor to any officer, agent or employee of the Town for the purpose of securing this Contract. In the event this Contract is canceled by the Town pursuant to this provision, the Town shall be entitled, in addition to any other rights and remedies, to recover and withhold from the Contractor an amount equal to 150% of the gratuity. F. 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 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. 3.14 Miscellaneous. A. Independent Contractor. It is clearly understood that each party will act in its individual capacity and not as an agent, employee, partner, joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other for any purpose whatsoever. The Contractor acknowledges and agrees that all Services and Materials provided under this Contract are being provided as an independent contractor, not as an employee or agent of the Town. Contractor, its employees and Subcontractors are not entitled to workers' compensation benefits from the Town. The Town does not have the authority to supervise or control the actual Work of Contractor, its employees or Subcontractors. The Contractor, and not the Town, shall determine the time of its performance of the Services provided under this Contract so long as Contractor meets the requirements of its agreed Scope of Work as set forth in Section 2.1 above and in Exhibit A. Contractor is neither prohibited from entering into other contracts nor prohibited from practicing its profession elsewhere. Town and Contractor do not intend to nor will they combine business operations under this Contract. B. Laws and Regulations. The Contractor shall keep fully informed and shall at all times during the performance of its duties under this Contract ensure that it and any person for whom the Contractor is responsible remains in compliance with all rules, regulations, ordinances, statutes or laws affecting the Services or Materials including, but not limited to, the following: (1) existing and future Town and County ordinances and regulations; (2) existing and future state and federal laws; and (3) existing and future Occupational Safety and Health Administration standards. 3034225.1 13 TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT PW2018-01 C. Contract Amendments. This Contract may be modified only by a written amendment signed by persons duly authorized to enter into contracts on behalf of the Town and the Contractor; provided, however, that Change Orders may be issued and approved administratively by the Town when such changes do not alter the Contract Price. D. Provisions Required by Law. Each and every provision of law and any clause required by law to be in the Contract will be read and enforced as though it were included herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, the Contract will promptly be physically amended to make such insertion or correction. E. Severability. The provisions of this Contract are severable to the extent that any provision or application held to be invalid by a Court of competent jurisdiction shall not affect any other provision or application of the Contract which may remain in effect without the invalid provision or application. F. Entire Agreement; Interpretation; Parol Evidence. This Contract represents the entire agreement of the parties with respect to its subject matter, and all previous agreements, whether oral or written, entered into prior to this Contract are hereby revoked and superseded by this Contract. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in any other contemporaneous written agreement executed for the purposes of carrying out the provisions of this Contract. This Contract shall be construed and interpreted according to its plain meaning, and no presumption shall be deemed to apply in favor of, or against the party drafting the Contract. The parties acknowledge and agree that each has had the opportunity to seek and utilize legal counsel in the drafting of, review of, and entry into this Contract. G. Assignment; Dele ag tion. No right or interest in this Contract shall be assigned or delegated by Contractor without prior, written permission of the Town, signed by the Town Manager. Any attempted assignment or delegation by Contractor in violation of this provision shall be a breach of this Contract by Contractor. H. Subcontracts. No subcontract shall be entered into by the Contractor with any other party to furnish any of the Services or Materials specified herein without the prior written approval of the Town. The Contractor is responsible for performance under this Contract whether or not Subcontractors are used. 1. Rights and Remedies. No provision in this Contract shall be construed, expressly or by implication, as waiver by the Town of any existing or future right and/or remedy available by law in the event of any claim of default or breach of this Contract. The failure of the Town to insist upon the strict performance of any term or condition of this Contract or to exercise or delay the exercise of any right or remedy provided in this Contract, or by law, or the Town's acceptance of and payment for Services, shall not release the Contractor from any responsibilities or obligations imposed by this Contract or by law, and shall not be deemed a waiver of any right of the Town to insist upon the strict performance of this Contract. J. Attorneys' Fees. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Contract or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys' fees and reasonable costs and expenses, determined by the court sitting without a jury, which shall be deemed to have accrued on the commencement of such action and shall be enforced whether or not such action is prosecuted through judgment. K. Liens. All Services or Materials shall be free of all liens and, if the Town requests, a formal release of all liens shall be delivered to the Town. 3034225.1 14 TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT PW2018-01 L. Offset. 1. Offset for Damages. In addition to all other remedies at law or equity, the Town may offset from any money due to the Contractor any amounts Contractor owes to the Town for damages resulting from breach or deficiencies in performance or breach of any obligation under this Contract. 2. Offset for Delinquent Fees or Taxes. The Town may offset from any money due to the Contractor any amounts Contractor owes to the Town for delinquent fees, transaction privilege taxes and property taxes, including any interest or penalties. M. Notices and Requests. Any notice or other communication required or permitted to be given under this Contract shall be in writing and shall be deemed to have been duly given if (1) delivered to the party at the address set forth below, (2) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (3) given to a recognized and reputable overnight delivery service, to the address set forth 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 ROSENF'ELD P.L.C. One East Washington Street, Suite 1600 Phoenix, Arizona 85004-2553 Attn: Andrew J. McGuire If to Contractor: Attn: or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received (1) when delivered to the party, (2) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (3) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party's counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. N. Overcharges by Antitrust Violations. The Town maintains that, in practice, overcharges resulting from antitrust violations are borne by the purchaser. Therefore, to the extent permitted by law, the Contractor hereby assigns to the Town any and all claims for such overcharges as to the goods and services used to fulfill the Contract. O. Force Majeure. Except for payment for sums due, neither party shall be liable to the other nor deemed in default under this Contract if and to the extent that such party's performance of this Contract is prevented by reason of force majeure. The term `force majeure" means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Without limiting the foregoing, force majeure includes acts of God; acts of the public enemy; war; riots; strikes; mobilization; labor disputes; civil disorders; fire; floods; lockouts, injunctions -intervention -acts, or failures or refusals to act by government authority; and other similar occurrences beyond the control of the party declaring force majeure which such party is unable to prevent 3034225.1 15 TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT PW2018-01 by exercising reasonable diligence. The force majeure shall be deemed to commence when the party declaring force majeure notifies the other party, in accordance with subsection 3.14(M), of the existence of the force majeure and shall be deemed to continue as long as the results or effects of the force majeure prevent the party from resuming performance in accordance with this Contract. Force majeure shall not include the following occurrences: 1. Late Delivery. Late delivery of equipment or materials caused by congestion at a manufacturer's plant or elsewhere, an oversold condition of the market, inefficiencies or similar occurrences. 2. Late Performance. Late performance by a Subcontractor unless the delay arises out of a force majeure occurrence in accordance with this Subsection 3.14(0). Any delay or failure in performance by either party hereto shall not constitute default hereunder or give rise to any claim for damages or loss of anticipated profits if, and to the extent that such delay or failure is caused by force majeure. If either party is delayed at any time in the progress of the Work by force majeure, then the delayed party shall notify the other party in accordance with Subsection 3.14(M) and shall make a specific reference to this Section, thereby invoking its provisions. The delayed party shall cause such delay to cease as soon as practicable and shall notify the other party in writing. The time of Substantial Completion or Final Completion shall be extended by written Contract amendment for a period of time equal to the time that the results or effects of such delay prevent the delayed party from performing in accordance with this Contract. P. Confidentiality of Records. The Contractor shall establish and maintain procedures and controls that are acceptable to the Town for the purpose of ensuring that information contained in its records or obtained from the Town or from others in carrying out its obligations under this Contract shall not be used or disclosed by it, its agents, officers, or employees, except as required to perform Contractor's duties under this Contract. Persons requesting such information should be referred to the Town. Contractor also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of Contractor as needed for the performance of duties under this Contract. Q. Records and Audit Rights. To ensure that the Contractor and its Subcontractors are complying with the warranty under subsection 3.14(R) below, Contractor's and its Subcontractors' books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Contract, including the papers of any Contractor and its Subcontractors' employees who perform any Work or Services pursuant to this Contract (all of the foregoing hereinafter referred to as "Records"), shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit (1) evaluation and verification of any invoices, payments or claims based on Contractor's and its Subcontractors' actual costs (including direct and indirect costs and overhead allocations) incurred, or units expended directly in the performance of Work under this Contract and (2) evaluation of the Contractor's and its Subcontractors' compliance with the Arizona employer sanctions laws referenced in subsection 3.14(R) below. To the extent necessary for the Town to audit Records as set forth in this subsection, Contractor and its Subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the Town shall have access to said Records, even if located at its Subcontractors' facilities, from the effective date of this Contract for the duration of the Work and until three years after the date of final payment by the Town to Contractor pursuant to this Contract. Contractor and its Subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this subsection. The Town shall give Contractor or its Subcontractors reasonable advance notice of intended audits. Contractor shall require its Subcontractors to comply with the provisions of this subsection by insertion of the requirements hereof in any subcontract pursuant to this Contract. 3034225.1 16 TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT PW2018-01 R. E -verify Requirements. To the extent applicable under ARIz. REV. STAT. § 41-4401, the Contractor and its Subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E -verify requirements under ARIZ. REV. STAT. § 23-214(A). Contractor's or its Subcontractors' failure to comply with such warranty shall be deemed a material breach of this Contract and may result in the termination of this Contract by the Town. S. 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. T. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Contract, the IFB, the Scope of Work, any Town -approved Purchase Order, the Price Sheet, any Town -approved Work Orders, invoices and the Contractor's response to the IFB, the documents shall govern in the order listed herein. Notwithstanding the foregoing, and in conformity with Section 2.1 above, unauthorized exceptions, conditions, limitations or provisions in conflict with the terms of this Contract (collectively, the "Unauthorized Conditions"), other than the Town's project -specific quantities, configurations or delivery dates, 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 Contract shall not alter or relieve Contractor from, nor be construed or deemed a waiver of, its requirements and obligations in the performance of this Contract. U. Non -Exclusive Contract. This Contract is entered into with the understanding and agreement that it is for the sole convenience of the Town of Fountain Hills. The Town reserves the right to obtain like goods and Services from another source when necessary. V. Cooperative Purchasing. Specific eligible political subdivisions and nonprofit educational or public health institutions ("Eligible Procurement Unit(s)") are permitted to utilize procurement agreements developed by the Town, at their discretion and with the agreement of the awarded Contractor. Contractor may, at its sole discretion, accept orders from Eligible Procurement Unit(s) for the purchase of the Materials and/or Services at the prices and under the terms and conditions of this Contract in such quantities and configurations as may be agreed upon between the parties. All cooperative procurements under this Contract shall be transacted solely between the requesting Eligible Procurement Unit and Contractor. Payment for such purchases will be the sole responsibility of the Eligible Procurement Unit. The exercise of any rights, responsibilities or remedies by the Eligible Procurement Unit shall be the exclusive obligation of such unit. The Town assumes no responsibility for payment, performance or any liability or obligation associated with any cooperative procurement under this Contract. The Town shall not be responsible for any disputes arising out of transactions made by others. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 3034225.1 17 EXHIBIT A TO INVITATION FOR BIDS NO. PW2018-01 [Scope of Work] See following pages. 3034225.1 SCOPE OF WORK Wash and Dam Maintenance PW2018-01 1. Work Sites. 1.1 Primary work areas (the "Work Site(s)") will be shown on a map which will be provided to the Contractor by the Department Representative. 1.2 The Work Sites will determined by the Public Works Department. 1.3 Six earthen dams will be maintained, depending on State -required inspections. 1.4 Work Sites are topographically steep and subject to adverse conditions including rattlesnakes, scorpions and other desert wildlife. 2. Work to be Performed. 2.1 Cut vegetation. A. Tree canopies are to be cut four feet off the ground. B. Salt cedars, desert broom and all dead trees are to be cut down to six inches above the ground. C. All culvert inlets and outlets will be clear-cut fifty feet from the culvert. D. Native trees and shrubs shall remain, but will be maintained as stated in this Scope of Work. These include, but are not limited to: 1. Mesquite. 2. Cottonwood. 3. Palo Verde. 4. Creosote. 5. Willow. 6. Brittlebush, bursage and other native desert plants. 7. Pampass grass. E. Prune dead wood portions of trees that remain. 3034225. F. Remove any vegetation that the Department Representative determines would restrict drainage. 2.2 Chipping. A. Native trees shall be broadcast chipped in place. B. All cut vegetation must be chipped using a chipper. C. Chips are to be spread evenly along the slopes of the wash; not exceed four inches. Piling of chips is prohibited. D. No material can be left in the flow line of the wash. 2.3 Remove and haul off all trash and items that cannot be chipped. 3. Equipment. Contractor will supply all necessary equipment and tools to perform the Services, including, but not limited to: 3.1 Chipper. One trailer -mounted, commercial/industrial grade chipper with a minimum of 35 hp, that is capable of handling at least an eight inch trunk limb. 3.2 Truck to transport the chipper, workers and tools into the wash. The truck should be a minimum of 1 -ton, 4 -wheel drive. It must have a towing setup to move the chipper from one Work Site to another. 3.3 Chain saws. A minimum of six chainsaws are required. Additional chainsaws may be needed in order for three to be cutting at all times. 3.4 Miscellaneous hand tools. Hand tools shall include, but not be limited to: A. Shovels. B. Rakes. C. Hand saws. D. Pruners. E. Loppers. F. Picks. G. Rope, chains and other equipment for dragging materials. 3.5 Gas, oil and replacement parts for equipment and tools. 3034225.1 2 3.6 Any necessary trash bags will be supplied by the Town. 4. Requirements. 4.1 The Services will be performed for 80 days, from October through February. 4.2 Work time will be Monday through Friday, 7:00 a.m. to 3:30 p.m., with a half-hour lunch period. Travel time is not included; work hours start when workers are at the Work Site. 4.3 Contractor must provide eight physically capable, competent workers at least 18 years of age. 4.4 One of the workers shall be designated and appropriately trained as the foreman of the crew who will be at the Work Site at all times to supervise the workers and direct the Services to be performed. The foreman will also be Contractor's representative, who shall have full authority to receive communications for and act on behalf of Contractor. 4.5 The foreman and at least one other worker shall be fluent in reading, writing and speaking English. 4.6 The foreman must be equipped with a cell phone at no cost to the Town. 4.7 All workers shall be appropriately dressed and equipped with safety gear. Attire shall include sturdy work boots and long, heavy-duty pants. Appropriate safety gear may include, but not be limited to, ear plugs, chain guards, goggles, chaps and leggings. 4.8 Any worker not satisfactorily performing the Services is subject to dismissal by the Contract Administrator. 4.9 Non -workers, including spouses, children or pets, will not be allowed at the Work Site. 4.10 Contractor shall supply drinking water and portable toilet facilities. 4.11 Contractor will be paid as follows for rain -out and flood -out days: A. Two hours pay for showing up, but unable to work. B. Four hours pay if crew worked longer than two hours. C. Eight hours pay if crew worked longer than 4 hours. 4.12 Personal vehicles shall be parked at the south end of the Town Hall parking lot, or as otherwise designated by the Department Representative; they must not be driven into the Work Site. 4.13 Any associated landfill fees are Contractor's responsibility. 3034225.1 3 4.14 Where appropriate, all provisions of MAG, Section 105.5 will be applicable. 4.15 Contractor's failure to provide the specified number of capable workers, equipment, or hand tools will result in reduced payment. Continued or repeated failure will result in dismissal by the Contract Administrator. 3034225.1 4 EXHIBIT B TO INVITATION FOR BIDS NO. PW2018-01 [Price Sheet] See following page. 3034225.1 PRICE SHEET Wash and Dam Maintenance PW2018-01 NOTE: All pricing blanks must be filled in. Empty or unfilled spaces in the Bid Price Sheet shall result in a determination that a Bid is non-responsive. Description Quantity Unit Price Per Day* Extended Price* All-inclusive price (workers, equipment, tools 80 Day $ $ and fees) to perform wash and dam maintenance * BIDS ARE PRESUMED TO INCLUDE ALL APPLICABLE TAXES. 3034225.1 EXHIBIT C TO INVITATION FOR BID NO. PW2018-01 [Subcontractor Listing] See following page. 3034225.1 SUBCONTRACTOR LISTING Wash and Dam Maintenance PW2018-01 Provide the following information in a separate, sealed envelope, clearly marked "Subcontractors Listing." Failure on the part of the Bidder to complete or improperly complete this form will constitute sufficient cause for rejection. List only a single name for each category. Subcontractors listed herein shall be utilized on this Project. Category Subcontractor 3034225.1 EXHIBIT D TO INVITATION FOR BIDS NO. PW2018-01 [Licenses; Certifications; DBE/WBE Status] See following page. 3034225.1 LICENSES; CERTIFICATIONS; DBE/WBE STATUS Wash and Dam Maintenance PW2018-01 Attach a copy of your Contractor's License to your bid submittal. Attach a copy of your Town of Fountain Hills Business License to your bid submittal. Attach a copy of your Arizona Transaction Privilege Tax License Has your firm been certified by any jurisdiction in Arizona as a minority or woman owned business enterprise? Yes No If yes, please provide details and documentation of the certification. 3034225.1 EXHIBIT E TO INVITATION FOR BIDS NO. PW2018-01 [References] See following page. 3034225.1 REFERENCES Wash and Dam Maintenance PW2018-01 Provide the following information for three clients for whom Bidder has successfully completed similar projects as set forth in Section 2.16 within the past 60 months. Failure to provide three accurate and suitable references will result in disqualification. Bidder may also attach another sheet with additional references. 1. Company: Address: City/State/Zip Code: Contact: Telephone Number: Date of Contract Initiation: Date of Contract Expiration: Project Description: Contract Value: $ Annual Amount: $ 2. Company: Address City/State/Zip Code Contact: Telephone Number: Date of Contract Initiation: Date of Contract Expiration: Project Description: Contract Value: $ Annual Amount: $ 3. Company: Address City/State/Zip Code Contact: Telephone Number: Date of Contract Initiation: Date of Contract Expiration: Project Description: Contract Value: $ Annual Amount: $ 3034225.1 EXHIBIT F TO INVITATION FOR BIDS NO. PW2018-01 [Bid Bond] See following page. 3034225.1 1:�1�7:T�]►1�7 Wash and Dam Maintenance PW2018-01 KNOW ALL PERSONS BY THESE PRESENTS: THAT, (hereinafter called Principal), as Principal, and , a corporation organized and existing under the laws of the State of with its principal office in the City of , (hereinafter called the Surety), as Surety, are held and firmly bound unto the Town of Fountain Hills, (hereinafter called the Obligee) in the penal sum of Ten Percent (10%) of Bid Amount, (Dollars) ($ ) lawful money of the United States of America, to be paid to the order of the Town of Fountain Hills, for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents and in conformance with A.R.S. Section 34-201. WHEREAS, the Principal has submitted a bid/proposal for: NOW, THEREFORE, if the Obligee accepts the proposal of the Principal and the Principal enters into a Contract with the Obligee in accordance with the terms of the proposal and gives the Bonds and Certificates of Insurance as specified in the Standard Specifications with good and sufficient surety for the faithful performance of the Contract and for the prompt payment of labor and materials furnished in the prosecution of the Contract, or in the event of the failure of the Principal to enter into the Contract and give the Bonds and Certificates of Insurance, if the Principal pays to the Obligee the difference not to exceed the penalty of the Bond between the amount specified in the proposal and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by the proposal then this obligation is void. Otherwise it remains in full force and effect provided, however, that this Bond is executed pursuant to the provisions of Section 34-201, Arizona Revised Statutes, and all liabilities on this Bond shall be determined in accordance with the provisions of the section to the extent as if it were copied at length herein. The prevailing party in a suit on this bond shall recover as part of the judgment reasonable attorney fees that may be fixed by a judge of the Court. Witness our hands this day of 20 Principal LM Surety Agency of Record 3034225.1 Seal Seal EXHIBIT G TO INVITATION FOR BIDS NO. PW2018-01 [Acknowledgments of Addenda received] See following page(s). 3034225.1 CAIN TOWN OF FOUNTAIN HILLS tp Z TOWN COUNCIL AGENDA ACTION FORM Meeting Date: 101312017 Meeting Type: Regular Session Agenda Type: Regular Submitting Department: Public Works Staff Contact Information: Justin T. Weldy, jweldy@fh.az.gov, 480-816-5133 REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF approving the first Amendment to Cooperative Purchasing Agreement 02017-045 between M. R. Tanner Development and Construction, Inc. and the Town of Fountain Hills for asphalt replacement and miscellaneous work in an amount not to exceed $2,500,00.00. Applicant: NA Applicant Contact Information: NA Owner: NA Owner Contact Information: NA Property Location: Zone 1 Pavement Management Area Related Ordinance, Policy or Guiding Principle: NA Staff Summary (background): In 2013 Town Council passed Resolution 2013-02 approving the Pavement Management Program. The Zone 1 Pavement Management Area is currently scheduled for pavement maintenance. Due to the age and conditions of the roads in Zone 1 staff has determined that certain collector and residential streets will require the top layer of asphalt to be replaced. Due to budget limitations additional mill and overlay in Zone 1 is anticipated to be completed in FY2017-18 and slurry seal in FY18-19. Risk Analysis (options or alternatives with implications): The proposed mill and overly is required to preventmore costly repairs in the future. Fiscal Impact (initial and ongoing costs; budget status): 2,500,00.00 Budget Reference (page number): 285 Funding Source: Highway User Revenue Fund If Multiple Funds utilized, list here: NA Budgeted; if No, attach Budget Adjustment Form: ISA Recommendation(s) by Board(s) or Commission(s): NA Staff Recommendatiorl Staff recomends approval of the First Amendment to Cooperative Purchasing Agreement 02017-045. List Attachment(s): FY17-18 Map, Contract 02017-045 SUGGESTED MOTION (for Council use): Page 1 of 2 Page 2 of 2 AIN2017 k -18 z �I -"qpw Inv, Pavement Maintenance Chat is Ar�ti Zone 1— 3rd Phase Mill & Overlay as shown is slated as the next pavement management project. Approved Budget: $ 21113,735 Paving Quotes: • Zone 1A: • Zone 113: • Zone 1C: Total: Note: $ 1,335,557.24 $ 647,949.95 $ 888, 517.80 $ 21874,024.90 Zone 1A, 113 & 1C, Final Mill & Overlay, Crack Filling and Slurry Seal are anticipated to be completed in FY18-19 www.fh.az.gov Town of Fountain Hills PAVEMENT MANAGEMENT MAP UPDATED: JULY 1, 2011 Mc LL MUNMN Fo L"DYYs LEGEND ® ZONE AREA m y, ZONE AREAL --' PUBLIC ROAD PRIVATE ROAD F GATE.PRIVAT. ri. ME NREE@P .NOW* " t 4Y 112MB E 911.11, "BAN 4 1Es 499,0" 4 410 4640149 B 1l1 4DT,991 B 128 484AN T 1B.7 B99,"B u wa AY u 110 oNNIIMR 2017-18 Pavement Maintenance LEGEND ZONE AREA ZONE SUB -AREA MILL & OVERLAY SLURRY MILL & OVERLAY - COMPLETED PRIVATE ROAD GATED -PRIVATE CONTRACT/GRANT INFORMATION SHEET - AMENDMENT Date: 9/14/2017 Staffs Name: Paul Mood Department: Public Works Vendor's Name: M.R. Tanner Dev. & Construction I Vendor Number: 1457 Address: 1327 West San Pedro. Gilbert AZ 85233 Phone:480-533-8500 Received_ W9:❑ Y ❑ N Z ALREADY IN SYSTEM Business License #t: 96 Exp. Date: 11/30/2017 ACCOUNTING SUMMARY Org Object Project/# $ Accounting Code: STPAVE 5276 Total # of Renewals Max: 2,500,000 Accounting Code: Does this Contract put it over $30,000 Z Yes I ❑ No Contract Beginning Crate: Accounting Code: Contract Expiration Date: 1/22/2018 Budgeted Expenditure: ❑ Yes TBD(used for variety of different things/departments/funds): Choose an item. 285 Approved by Council: Z Yes; Date: 10/3/2017 CONTRACT SUMMARY Contract Number Assigned-, 02017-045 Contract Tota I: $ 2,5000,000 Brief Description of Service: Asphalt Mill & Overlay If Renewable: #1 Total # of Renewals Max: 2 FY Cumulative Vendor Totals: Does this Contract put it over $30,000 Z Yes I ❑ No Contract Beginning Crate: 10/3/2016 Contract Expiration Date: 1/22/2018 Budgeted Expenditure: ❑ Yes ❑ No Budget Page M 285 Approved by Council: Z Yes; Date: 10/3/2017 ❑ No ❑' N/A Insurance Certificate provided: ® Yes ❑ No ❑ N/A Warranty Period: ❑ Yes Z No If Yes, expires Click here to enter a date. Estimated Start Date: 10/3/207.7 Estimated Completion Date: 1/22/2018 GRANT SUMMARY Paid for by Grant: ❑ Yes No Name of Grantee: Grant Number Assigned: Resolution Number: Date Council Approved: Revised 4/28/15 Clontdaic7l No. C20117-045.1 "'10113DIDMII. BETWEEN THE TOWN OF M UINTAIN HILLS AND M. R. TANNER DEVELOEMIEN111 AND CONSITRUCTIC Nl, INC. THIS FIR911 A MEN EIIM EN T 11C CC OPERATIVE PU RCIHA SING A GRBE.MENT (this "Hirst Amendment") is anterled into as c f Clcatobor 3, 2017, betwlean th-c Towr of Fountain HiUs, an Aiiaona municipal corporation (thea "'Town"), ark M. R. Manner Develcapmenl and Construationl, Ina., an Ariaanai aclrparatian (thea "Cbritraator"). RECI'HALS A. After a caclmipetitiva pracawiement process, the City of Chandlear ("Chand.lor") entered in110 Contrast No. 9119- 451.34 7€1, dared February) 1?I, 20115, as amaeandad by Amendment Nwnt or C no, dated January) 22, X11 F , and A mieridm ent Number Two, dated January 19; X117 (caol:Ieclivelly, the "'Chandler Clcantdact"), fall the Contractor to provide ,itleel replasamonl act aspli a 11 mill and overlay. A aopy ofl Amendment Number T%io is attalcheac hlaretca as E xhi bit 1, and incorplaratoC hlerein by rafbrenca. B. The Zlown and the Clantrasloi entared :into a Cooperative Flwchasing Agreameant dated September 151, a CI 1 f (the "Agraeamearat"), lased uplcar the) Chandler Contract, fbr tha Contractor to provide the Town with street raplaciomearA and asFhall mill and overlay (tt o "Malerfals and 9arvicesi"). All aapitalliaed terms noel otherwise dafined in this Flirsit Arrandmant hame the samae meaanings as acuvlainad in thle Agreament. C. Me Town blas detenninec that additi ons 1 M aateari a:1 si and Servisas by t1e, Contrac7or ane necessary) (the "Additional Maatelrials and 9arviceis"). D. THe Zlown and the Conitractcar desira to enteu into this Hirst Amendment to (i) axtend the term) of the A V eernont and (ii; provides fbr the incrieasea in aamapensatllon to the Cond acl or f tar tho A c d ltional Materials and 9 arviceisa. AGREEMENT NOW, =REFCRE, in consice Talion of thea foregoing :inttoductian and maitahi; whiah ane incorporated heroin by referiencaea, the fo.1lowing mutual cavanats and conditions, and othellr glacad and valuable cor.Iskbration, 1t1e receipt ark mifficioncy ofIwhicatl are hlerebyl acknow.ladged, the Town and the Clon7ractarl hereby agrea as fol'lcavws: 1. Term of the Agreement. Thei lerrr of the Agreement isi hereby extended ar.id sHall remain in full ftarcaa and effeal until January 22, 2010, unless terminated ars otherwise providad puaisuant to tlx tarm!a and caondltlans cafItho Agreement. 30711298.1 2. Compensation. The Tawn shall increase the compensation to C antiaclor by 12,510(11,000.0(1 fol the Additional Materials and Serviaes at thea rales set forth in the Chandler Contract, resulting in an inereiase oft the aggregate nal-to-emcieied compensation frarn $1,1516,753.59 to $4,296,1-I-I.3SI. 3. Effliat of A m endmant. In all ether reispocits, th o Agraemant is affirmed and ratifieic and, oxcepi as cixfIrassily modiflad heirein, all tarmis and conditions of the Agreament shall rema.'n in full force and effecl. 4. Non-Defliult. By exeauling this Hirst Amendment, thea Contractor afl;rrmalivialy as.ierts that (i) tHa Tllown is not currantly it defailt, nor has been in dafaull at any time pr'or to this Hirst Amendmenil, under any cif thea temui on conditions of the Agileament and (ii) any and all claims, known and unknown, ralatird to the Agreerrent and existing on or befbw the dale cif this First Amendment are foreiver waMi . _`I. Clanfllicil afI llnlenest. This First A.mandmenl and the Agraemanl may be cancel ed by thea Tawn pursuant to ARiz. REv. STA T. 38-`. 11. [SIGNATURES G114 FOLiJ O -MING PAGES] 3071208.1 2 IN WIT1\ E S S Vhf IEREOP, the pan tii cis hlcireto h� ve axecul ed tt is instrum ant as of the data and year first sat ford; abowi. "Town" TC WN OF FOUNTAIN Hl LILS, an Arizonas municipal oorparaticin Cil ady E. M filler, T awn M anagen AT'"EST: Bclve:lyn J. Bender, 7lciwr. C lerk (ACKI\OWLEILIGN ENT) SIP TIE OF I AR] 21ONA COUNTY OF MARICIOAA ) On _ , 2017, befona mei personally appaarcid Grady E. Miller, tte Town Maniagcui of the 7IOWIN OF FCUNTA.IN HILI S, ars Arizona muxi aipal corporation, whose idont.ity was provani to mei on tha basis afl ut: sfkatory avidcncie to be the person whlo he caaims to be, and ackdowledged that he signed the aibava document, on behalf of the Town cif Fountain Hill'. N cit ary Pubo i c (A ff x notar}1 seal hbra) 071298.1 "Contractor" M. R. TANNER DEVELOPMENT AND CONSTRUCTTO INC., an Arizona comp ati . w Name: Alan Evans Title: President (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On September 14 , ?017, before me personally appeared Alan Evans , the President of M. R. TANNER DEVELOPMENT AND CONSTRUCTION, INC., 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. OFFICIAL SEAL CANDY BAKER j NOTARY PUBLIC - State of AftoM W,RICOPA CODUNTY My Carom, F,xpree Fekxuery 19, 42C2R (Affix notary seal here) 3177129&.1 4 (2� Notary Public ENIHIEIl I 'IIC AIRST AME NDNIBN T 'IC CC OPIERATIVE FUR CHASINGI AGREEMENT BETWEEN WE TOWN OP FCUNTAIN HILLS AND MI. R. TANNER E EVELC FIMEN1 AND C ON E17HRUCT]ION , INC. [Ameindmenil Number Two] Sete Billowing page. 3071298.1 AMENDMENII NUIMBER TWC, rK 1110 AGRE13MENTI BETWEEN 111H CIITY OF GHAN®LHR AND 1 MR 1ANNEIIAII C EVELOPMENT & CIONEITFIUC111ON, INC. EITRE Ell REIPLAC EMENT & AS PHALT MILL & INLAN AGREEMENT NO. SI715-745-34178 "j' This Arrl®ncmerll No. 2 lo ITalt certain Agreement between the City of CItandler ijCITY) and MR TAINNEIR DEVE IJOPMENT 81 C ON STRUCI7IION, INCI. QC oriiraator; for Slreei Re cement & Asphalt Mill 8 Inlay dates, February 13, '91319 aric is einterec into this --V� C Ely o11 2019. WHEREAS, the parties entered inia an A£1reerrlalrt far one year with pro%isions 10 elxlend fcl four (4,1 vc c iticlnai Terms of one year eacit. This is the second renewal apiion. P CIW TIH EIRE:F ORE, the gartle.l agre a as Ioilows: 1. Election 4 ail the Agreement, as amended, Rricel, is taneby amelrlded to pro%ide Thal CITY cihall pay to CONIIRACTC RI in an amount not lo exceed STEVEN MILLION. 11HREE HUNDRED TWO THOUSAND, TI-IFEEI HUNDRED 11-1IIFITY DOLLARS ($7,302,c13C1, . 2. Section ; of the Agreerrlen'I, as amended, exterid;l the) tetra) of 1he agreement fan EI one- year period frarn .1 anL ary 23, 201711 hrou g h , ant. aryl 22, 2018. cl. All other terms, ciclricitionls and i:16cincl of It e at cve iefenenceic Agreement shall remain L nchanged and in full force) ant effect. IN WITNESS WH ER9CIfl, th ei partie J ` ubacribed their names ih is c Ery of 20'10F �v Q R�9 4 el C14 CIFCHAND)ER: �; SEAL W TRAC By: _ _ APPROVED p S TO FORM: C k I A tilomey A TTE S-1 : CI'rty Clerk ISEALI 'X2 Alan ATTIE SITU: 11' corporation) Se(I11etG1ryl KeivinPaa11 \N11NESE : ilif individueil or Flartnership) TOWN OF FOUNTAIN HILLS TOWN COUNCIL W AGENDA ACTION FORM Meeting Date: 10/3!2017 Meeting Type: Regular Session Agenda Type: Regular Submitting Department: Community Services Staff Contact Information: Rachael Goodwin, 480 816-5136, rgoodwin@fh,az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF of APPOINTING one (1) citizen to serve on the Community Services Advisory Corru-nission for the remainder of a one-year term begim-ling on October 3, 2017 and ending on December 31, 2018 Applicant: Applicant Contact Information: Owner: Owner Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: Town Council Rules of Procedure 2014-9, Resolution 2014-28 CSAC By-laws Staff Summary (background): The Community Services Advisory Commission by-laws state that a successor needs to be appointed in the vacancy of a Commission Member. There is one Commissioner vacancy on the Commission with a term that ends on December 31, 2018. Staff published a request for applicants in the Fountain Hills Times newspaper on August 23, and August 30, 2017. Staff also pasted on the boards at the Community Center and Town Hall. The request for applicants was added to the Town's website. A Sulo Committee met and interviewed candidate to fill this postion. Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs; budget status): Budget Reference (page number): Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): Staff Recommendation(s): List Attachment(s): Page t of 2 SUGGESTED MOTION (tor council use): Move to APPOINT to serve on the Community Services Advisory Commission for the remainder of a one-year term beginning on October 3, 20117 and ending on December 31, 2018. Prepared by: NA 8/212017 Director's Approval: ac ae oowar: ommunity ervices irector 9 0 2 7 Approved: Jj ' L� r Grady E. Miller, vm anager 9120/2017 C__� Page 2 of 2 (01 AN�� TOWN OF FOUNTAIN HILLS n TOWN COUNCIL c ^—� E \Z� AGENDA ACTION FORM ,� Meeting Date: 10/3/2017 Meeting Type: Regular Session Agenda Type: Regular Submitting Department: Public Works ,Staff Contact Information: Raymond Rees/480-816-5180/rrees@fh.az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF a COOPERATIVE PURCHASE AGREEMENT with Riddle Painting and Coatings Company, in the amount of $189,108,98, for the painting of buildings in the Civic Plaza. Applicant: Applicant Contact Information: Owner: Owner Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: Staff Summary (background): The community center, library and museum are scheduled to be painted as part of the reserve analysis the Town conducted in September of 2015. The last time the buildings were painted was in 2007. The 10 years since the buildings have been painted is beyond the life expectancy of paint that was applied at the time. Risk Analysis (options or alternatives with implications): Not painting the buildings will result in deterioration of the existing paint and compromise the stucco finish on the buildings, Fiscal Impact (initial and ongoing costs; budget status): $189,108.98 Budget Reference (page number): 4012 Funding Source: Facilities Replacement Fund If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): Staff Recommendation(s): Approve List Attachment(s): Mohave CPA, Contract # C2018-040 and staff presentation SUGGESTED MOTION (for Council use): Move to approve the contract with Riddle Painting and Coatings Company in the amount of $189„108.98. Page i of 2 Page 2 of 2 Community Center (east facing view) ---Orwm , SED f 0 ity Center (north facing view) 'Ila uiip' fir � ���li�� to t Library/Museum Qwest facing view) 0 a 11 seam (northwest facing view) 4 } n r nW9W Civic Plaza Color Palette SAUTEED MUSHROOM PPG1085 Body 1 E Entry E Swiss Coffee 50YY 83/'057 Body 2 E TOASTED] ALMOND PPG1097-3 Body 3 E KANGAROO PPG1078-4 Door E Door Trim E Window Frame E Conlract No. C2018-040 CO OPHRA TIME HURICHASING AGREEMENT BETWEEN THE TOWN QE HOUNTAIN HIIJIIS AND MICHAEII L RIDDIIE HAINTING, INC. DIBJA RIDDLE PA INTING AND CC ATINGS 'IIHIS CCCPHRAf]IIVIE PURICHASING AGREIHMHN31 (this "Agrcamer.il") is entered into as of Catobar =1, 2017, belwcein the Town of Fountain Hills, an Arizona municipal aorpoliation Illhe "'➢own":, and Michaal L. Rkcle Painiling, Inc., an Ariaanai aorporallion, d/t/a Rlcdle Painiling ark Coalings (Vhe "Clanlraclor"). REIC HALI9 A. Aftar a compalitive procurement process, Mohava Hducalional Sarvlcas Claafleirative, Inc. (I"Mahave entercc into Cornlract No. If H-RII])IIH-0403, dated April 3, ](11f, as amended bN thal A grecm enV to A rr and, dated May 1 E , X1017, 4 hart Hxte insicn of C lanl racl, datac Marah 9, ICIII, thal Agraeimanl to Ameind, dallad Scfllemtem E, 2016, thal Agreieimant to Amand, dallad June 14, aQ1E, amd than Bmitension of Contract, daled Marah 16, 2016 (coalealively, the "Mohave Contracrt";, fbr the Contractor to provide axlerior/intariior paintin8 and othar coaRing applicallions. A copy of the Mohava Garilracil is atlachcc heireta as HxHbil A and incorporaRed heirein by reiferance, to the extant not inconsislenV with this Agreemenl. H. 11he Town is permiitled, pursuant lla Section 3-3-27 of Ito Town Cade, to make flurahases under the Mohavc Clanlracl, all its ciscrellion and with tha a8raemant of the awarded C lard racil or, and iI hei Mohave C lanl race pe irmiil s its coope iraitiv ei uses by othe it public and ill i es, incluc ing lha Town. G. 11he 'Hawn ar.ic the Conllracilar casire la entar into this Aglreemeint fbr the purpose of Ili) aaknawladgling thair cooperalivc contiacimaa ralallionship Llndar thea Mohava Gor.Rract and this Aglreiemiant, (ii; astab:lishing tha terms and aonditior.is by whish the Clanaaalor maN provide the Town with eixurioii/inlerior painting sarvicas, as more flawt:icularly set fbrlh :in Saclion :I Calow (1I1a "Materials ane Sarviaas"; and (viii; satting tha maximum aggreiglaite amaunl ila be axpendac pursuant to this Agreamient re:latcd to the Matariials and Services. A C RHEMEN T NCW, THHREFCREI, :in conskeirallion of tha fdraglaing intraduction arid racitaas, which are :incorporated herein 1:N reiferanca, the follawingl mutual covenants and cond:ilions, ane ether gaud and valuabla aans:ideuiation, lha rciaeipl and suffciancN of which are hareby acknowledged, the Town and the Contractor hareby agree as f6flows: 1. 'harm of Agracimen1. 31his Agreement shale ba effcictiuei as of tha dale fust set f6rih above and shall reimain in fill]. forca ane eff6cl until May ICI, 2018, unless tcrmiinated as olharwisa flravided in this Agraemant oli thea Mohava Contract. 3066178.1 2. 9caope oft Work. Cor.ilraalor shall provides to ilhei Tawn ilhei Mateirials and Services under Ita terms and caonditions c&Ihe Mohavca Conlraat and as more parlicauilar.iN seat fortl in ilia Qualation attached hercalo as Exh'bit 13 and incorporated harein by rafdrencaa. 2.1 Inspaction; Aaaeptar.ice. All Maleriials arae Serycies area siubjcact to final inspeal ion and acaceap1lanaca by Ila'➢awn. Mailearials failing ala conform to the raquiiremientss oflthlsi A graernant and/or It a Mohavca Conlracal will be held al Contractor's rusk and maN be raturnec to thea Contraator. Ifl so reaturnec, all aosts are the reasponsibiliIN of thea Contractor. Upon discaavary of nein-aonform ng Mateariiaas ar Servicaas, the Town may eleal Ila do any or all oflthe folaawing by wriVen noticca to 1I1a Contractor: (i) waive ilha non-conformance; (i:i; slop thea wark immadialely; or (:iii) lriing Malarialss or Serv:icae into aamipl:iancca and willhhold tha asst of ssama from any paymiants dua ilo thea C onilracilar. 2.:I Canaallaticn. The Town reservcas the right to caanaal Work Orders w:ilhin a reasonaible pleariod afltimia after issuancaa. Slauild a Work Crdeir bca cancaelad, the down agreas to re:imibursa ilha Conilractar, but only for actual and documaralab:la aositsi incurred IN the Cor.atraator due ilei and aftear issuance U ill a Work Crc ear. Thea Town will not reimburse thea Conlracator for any acisits inauinaad afilear vaccaipt of Town raaliaa oft aanaallation, ar for :Icisil profilss, shipmant of producll prior Io :issuanaci of Work Ordor or for anything not expressly pcarmsittled pjursuanl to this A graemiant. 3. Compensalion. 11hea Town shall paN Contraator aro amiciural not to excaed $189,1(18.98 for thea Materials and Services at the rates sat foreh in thea Mahave Contract and asi mora parliaularlN seit forth in Iha Quotation. 4. Paymeanls. The 'flown stall pay the Contracrtor monilhly, basin upon aaccaplancae and delivary aflMateariials and/or 9cinficcis parformeac and comp.1citod to data, and upon ssuitmiission and approval of invoices. Hach :iravciice shall (i) aanla:in a reafereancae to (hiss Agreaeimearal and Iha Mal ave C onl racil and (i:i; c oaumenl and itemize all work comp] eil ad to dale. Thea invoicaa staileamciral shall inalude a reaaovd cif mateariials delivered, timei expended ane work performad in sufficient detail to jusitifN paNrneml. AdditionalIN, invoicaess submitted withoull reifcirenaing lhis Agreiemeint and the Mohavei C onlracil will be ssul jeal la rejeal ion and may bci returned. 5. Reacirdsi and Audit Rlghls. To ensuve thal the Conilractar and its suitcaontmators are aamply:ing with the warranty under 9ciction 6 Calow, Contracalor's and ills sulcaontracators' books, reaarc s, corresipondenae, aacounting pvocedures and pracat:icaes, ane any other suppor ing evidence relating to this Agrocimeral, including the papers oft any Contractor and its subcaontracrtors' employecis who porftirmi any work or ssciniices pursuant to ilhiss Agraemeant I1all of the foragaing heireinafter refcirred to as "14ecords"), shall tei cipein to inspecilion and subjecl Io audill and/or reaproduc,lion during normal wovking hours by the 'flown, to the exlent neccissary to adequateIN parmit (1) evaluation and veriificalion of any invoiaes, paNmienlls or alaimis tasad on Cantracator's and its subaanttacalors' aawal costs (including direal and :incireal aaslls and aveirheac allaaalions; inauiniead, ar units aNpeinded direally in the peirformancae of work undear ilhis Agrcaeimeral and (Iii; evaluallion oft ilha Coralracalor's anc :its subcontractors' compliancaa with thea Ar -.'zona campaaNcir sanalionss laws refcuaenaad in 9ciat:ion 6 below. 'Ila thea exileint neccissary for thea down to audit Recaovc s as set forth in this 9action, C onlraclar and itsi subaanlracalors hereby waive anN rights to kciap such Reams caonfidential. For the purpose of malualing or veirify:ingl 3066178.1 �I such aciwa:l or alaimed costs or units expanded, the Town shall hava access to said Racords, even if located all its subconVnacVors' f6ai:lit:ias, from the clffbcllive date oft this Agreement for tha curation of the work and until thrcla yealis after the date oft final paymcril by iIlei Town to C arilraalor pursuaml to this Agreclmenl. Contractor and its subcontractors shall pravida the Town w:ilh adequale and appropriate workspace sa thal the Town can conduct audils in aomiplianaa wilh tha pliovisions of this Sacilion. 'the Town shall dive Contractor or :its subcor.itracrtors raasonabla acuanccl notica of intendcid audils. Conilractar shall raquire its subcontractors to aomply with tha prauisions aft this 9ect:iori tN insarlion of 41a requirclmenls haliaof in any subcor.ilracl pursuant lla this Agraemant. E . E-veriiN Rcqui rem ants. To the ext ant appal i cat 1 e under A Rlz. MV. STAR § 4;1- 44(11, 1 h Contractor and its subcontralators warrant compliance with all f& ara.1 immigration laws and regu;latioris that relate lla their cimiployees and 41 air compliariae with 41 a E -verify liequireimenls Lndar ARiz. Rlllvl. STAT. �J 23-314(IA). Contractor's or :its sutcorilraclors' failure to comply with sucl warranty shall ba declined al malerial breach afllhis Agliaemiant and may resu:ll in the terminal ion oflthis Agraemant t tha Town. 7. Israel. Contractor ccrlif els that it is not ciurrant.IN engaged in, and agrees for lit a duration of this Agreemient 1hall it will not angage in a "boyaotll," as Ihat lermi is dafined in AR121. REV. THAT. Fl 35-3SI3, of4sliael. 81. Conflict of Interclsl. This Aglieerrunt may be cariae:lad by Ihe'lawn pursuaml to A R1z. RIM. THAT. 38-5:1 :I . 9. Applicable Jaw; Vlenua. This Agrcelmcril shall be governcc by tha laws of illa S1ala of Arizona ane a suill pertaining to this Agreamenl maN ba brought only in coups in Mariaogla Claunly, Arizona. 10. Agraemant Subject Ila Appropriiatian. 'Dha Town is ob.ligatcld only to pay its obl:igat:ians sat forth in 4his Agreement as maN :lawfully be mica fiiomi fLlnds appropriatad and budgeu ad for thal pL irglose during 1 he Town's 1 hen current fi saa1 N clar. 'lha Town's at 1 igal ions under this Agreamienl are aurrant expanses subjecit to Vha "budgel law" am the unfeltcrad higislailive discretion of the Town conaarning budgaled glLrglases and appropriation of finds. ShaL Mill a'lown elact not to aplpropr atcl and tuc glen funds to paN its Agreamenl ob:ligailions, this Agraemant shall be c clemad terminalad al thci end of the then-cunieint fiscal yciar tarm for wh:iah such funds walia appropriates and budgetad foli such purposa and tha Town shall to relievad of any subselquenil abligalion under this Agreamenl. 'lha parries agrael thal tha Town has no obligation ali duty oft good fbiith to budged ori appropriate the paNmient aft the'lown's of ligalions seat forth in this Agpieiemant in anN tudgcit in anN fiscal year other Than thci fiscal Near in which this Agraemunt is executed and dclliverad. The Town shall be ilha sola judge and aiulhoritN in detarm:ining the availability oft funds for its obligations under this Agreeimcinl. Mei Town shall keep Clanlraaloli informcc as to the mailability of funds fcir this Agrclamcrit. 'the obligation of the 'flown to make any pa}lmienil pursuanl to Vhis Agreclmenl is not a ganeral obligation or indetladness of Iha '➢awn. Contractar hereby waives any and all rights to tring aril claims aga�nsl tha Town fromi or relating in any way to tha Town's termiinallion of this Agreamenl pursuard 10 4t is seal ion. 1066111.1 H. . C onf, iciling Tarmis. In tha avent of ariN inconsistently, cianfliat or amt iguiVN among Ito Vorms of 4t is Agraomant, any Town-approvac wark circcirs, Vho Mohave Contracrt and invoiacis, tha documants shall govarn in Vhci olidor listed heroin. Notwithstanding the fbragoing, and in conformity with Section a above, unauthorized axcelltions, canditicins, limitations cir provisions in confl:icrt with tha tarmis of this A graemant ar tha Mohave C ontract (aollecrtivaly, tha "Unauthorzed Conditions"), either than the glawn's projact-specific raClUirerrionts, are axpross:lN daclared void ane shall be oflr.io forcci and affect. Accciptanco by the 'flown oflany work order on ;invoiaa containing any such Unaulhorizad Conditicins ar fai:lura to camanc fill complianco wi:ll lit terms and condit:iciris scat fbrih in this Agreciment or undar tha Mcitave Cantraat shall not altar such tarmis and conditions or reliove Contracrtor flrom, nor be construed or daotnad a waivar ofd its requirements and abligalions in tha performanca of this Agreement. 11. Rights and Priv:ilegas. To the extant providac undar tha Mohava Contract, tha Blown shall to afforded all of the righlls and privilegas aflbrdac to Mohava and shall ba "Mohava" Ilas dafined in the Mohava C onlracV; frir the purposes of the portions of the Mohava C onlracil :It at are inciarllarated heroin t y referarice. 1:1. lndamnifcallion; Insuranaa. In acciticm to and in rice waN ]uniting the provisions set forth in Saction 12 above, tha "Down shall ba affbrdad all of tha insuranaa ccivoraga ane indomnifiaations afforded to Mohava lia tha axtent provided under the Mahave Contract, aric such insuranaa aovarage and ;indo=ificalions stale inura and apply will equal ciffeat to tha 'flown uric or this Agraclmant including, but not limitcc to, the C onlracilcm's of ligation tci provida Ota indemnification and insurance. In any evarit, tha Contractor shall indemnify, def Lind ane hold harmlass :It a "Down ane each counail mombar, officer, ornploNae or agen:l theraofl (tha Town ane ariN such parson toing harain aallad an "Indamnificid Harty"), ftm, from and against any and all lasses, claims, darnzgas, :liabilities, costs and expenses (including, but not limi:lad to, reasonabla altomciNs' foes, court acists ane the costs of appellate proceedings; to which any such Indamnifiod Party may bacoma slit jecl, Linc ar zlnN thacir)I of liabiJity wt atsoevar ("Claims"), insofl;lr as suet Claims (oli actions in respect tharciofj rolate to, ariisci out of, or ara caused by or basic upon tha negligent acids, inilantional misconduct, errors, mistakas or omissiciris, in ciannac:lion m ith tha work or sar-,iices of the Contracrtor, its cifficars, amployaos, agants, or any tier of subcon:lractar in the performance ofl:lhis Adroerriont. 14. Noticias and Raquasls. Any notice or other ciommuniciation requircid or parmiiVled to be givan undar Otis Agreement shall ba in wriit:ing aric shall ba dacimac iIci hava Caen duly givan if (:i, dolivored to the Harty at the address sell f✓rirth be:low, (Iii) daposited in tha U.S. Mail, registered ar certificid, retlirr nocaipt raquastod, to tha address set forth below ar I1ii:i; Niven to a recognizad aric reputabla overnight dclivar)I servico, to the address set forth below: If to 1Iha "Ilawn: Town of Fountain Hills 1 E X `I East A v onue of 11 ho Fountains Fountain Hills, Arizona fl -'1268 Atlln: Grady F. Millar, Tlown Managar 3066118.1 4 Wll1h ccllly to: GUSIT MOS EINHEILD P.L.C. One East Washing on Stracit, Suites 1600 Phoen: N, Ar'aona 85004-2553 Atha: Anc raw JI. MaGu:irca If 4a Contracitor: Michael L. Rlccle Painting, lnci. d/r /a R7ddla Pa nl ing and Coal ings 119:12 Norlh Baack Canyon Highway Phoenix, Ar'aona 85017-2118 Atin: Edd:iea Serna or at such oilleir address, anc to 1he arttenlion of such other person or office ar, acs anN Marty may designala :in wriiling by noticie dulN given pursuant 1Ia this subsecation. Nolicas shall be dcaamcad reecaived (i; when dcalivcrcad to thea Marty, Ilii) thrcca business daNs of car being p;laccac in thea U.S. Mai], proper]}{ addresscad, wiVh suffciienil posilage or (:iii) lhca following business cay aflar being given 1a a rcaciogniaead avcarright de:ivery scarvieca, with thea person giving thea no4icca paying aa] requircad charges and instrucVing 1Ihea delivery scniicc to ccal:ivcar on ilrea following business daN. If a ciopy afl a noticie is also givan to a party's counscal or oilhear racip:ieant, 1Ihea provision abovca governing the data on which a nolicc is dccamac to hava bcaan rcace:ivcad by as party shall mean and liefer to 111a dale an which 111 ca parry, and not its cal;inscl or oVl ear recipicarat 1Ia which a copy oft thea notica may be scn1, is dcaeamcac to have reccaivcd the notice. [SIGNA11URHSl CN HOLIJOVNING PAGHS] 3066178.1 <I IN WITNESS WHEREOF, the parties hcrcto lave exeClUled this Agrecmenl as ofk1ci date and yciar firsl sell forth above. "Town" 11C WN CF FOUNTAIN HIIIIIS, an A.r'aona municiipal carplaralion Grady B. M:iIJcv, Town Managcv A'IITBSR Bevclyn JI. Bender, Town C.IaA (JACKNO WLBDGMENT) STATE CF ARIaONA ; ) ss. CC UNTYI OF MARIC OPA ) C ri , 2017, befbra rr a parsanal ly appeared Grady B. Millar, 111a Town Manager ofltha'IIOWN OF FC UNTAIN HIIJLS, an Ar'aoria municipal corporalion, whosa idcritily was proven to me on the basis of salisfaclory cvidencc to be 1he parson who he claims to be, and acknowladged thal 1 ci signad 1he al ave dacumeml, on 1 aha:lfl of 'Ihci down of Fountain Hills. Notar)l Publia (Affix nal ary seal here 9SIGNA-BURE119 CONTINUE ON FOLIIJC WANG PAGBI 30(ldM.1 E "Contractor„ MICHAEL L. RIDDLE PAINTING, INC., an Arizona corporation, d/b/a RIDDLE PAINTING & COATINGS By: Name: &AC, LL (ACKNOWLEDGMENT) STATE OF ARIZONA } ) ss. COUNTY OF MARICOPA ) Can `- LP :=-, 2017, before me personally appeared I � - t,' -yc , , the nc, ^C(I--h-y, `-,(,( MICHAEL L. RIDDLE PAINTING, INC., an Arizona corporation, d/b/a RIDDLE PA1NT4:KG & COATINGS, 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. ik—A Notary Public (Affix notary seat here) 3©66178-1 PATRICIA L. SMIDT Motasy Public. Slate of Arizona Maticopa County My Commwssion Exp«es w March 1 8, 2021 EXHIBIT A TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND MICHAEL L. RIDDLE PAINTING, INC., D/B/A RIDDLE PAINTING & COATINGS [Mohave Contract] See following pages. 3066178.1 MC HA- VE ARIZONA COOPERATIVE PURCHASING Mohave Contract ISE -RIDDLE -0403 Riddle Painting and Coatings Co, Via Email May 16, 2017 Agreement To Amend the Terms and Conditions of the Existing Contract In order for Mohave Educational Services Cooperative, Inc,'s (Mohave's) contracts to comply with Federal Education Department General Administration Regulations (EDGAR) requirements, Mohave is amending its existing contracts. Please review, initial next to each requirement, sign the bottom of the amendment and return to Mohave no later than June 16, 2017. The Terms and Conditions of your contract have been modified as follows: A. Anti -Lobbying Certification: In accordance with the Federal Acquisition Regulation, 52.203-11: (a)The definitions and prohibitions contained in the clause, at FAR 52.203-12, Limitation on Payments to Influence Certain Federal Transactions, included in this solicitation, are hereby incorporated by reference In paragraph (b) of this certification. (b)The bidder, by signing this amendment, hereby certifies to the best of his or her knowledge and belief that on or after December 23, 1989- (1)No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of this contract; (2)If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with this solicitation, the bidder shall complete and submit, with its bid, OMB standard form LLL, Disclosure of Lobbying Activities, to the Contracting Officer; and (3)He or she will include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly. (c)Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by section 1352, Title 31, United States Code. Any person who makes expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure. f�I--- Initial Agreement as the Authorized Representative of the Contract Vendor B, Clean Air Act, Clean Water Act and Environmental Protection Agency Regulations: Contract vendor and its subcontractors shall comply with all applicable standards, orders or requirements issued under section 306 of the Clean Air Act, section 508 of the Clean Water Act, Executive Order 11738 and Environmental Protection Agency regulations (7 CFR 3016.36 (i) (12)). This shall only apply to federally funded projects subject to the Clean Air Act, Clean Water Act and current applicable EPA regulations. r'�- I Initial Agreement as the Authorized Representative of the Contract Vendor ■ M [J H.AVE ARIZONA COOPERATIVE PURCHASING C. Energy Policy and Conservation Act: Contract vendor and its subcontractors shall comply with mandatory standards and policies relating to energy efficiency (7 CFR 3016.36 (i) (13)). This shall only apply to federally funded projects subject to current applicable energy policies and the Energy Conservation Act. C� Initial Agreement as the Authorized Representative of the Contract Vendor D. Procurement of recovered material: Contract vendor and its subcontractors shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as stated in 2 CFR 200.321. F Initial Agreement as the Authorized Representative of the Contract Vendor E. Rights to inventions: Rights to inventions made under a contract or agreement as specified under Appendix II to 2 CFR shall apply for federally funded projects. Initial Agreement as the Authorized Representative of the Contract Vendor F, Subcontracts: Prime Contractor, if subcontracts are to be let, will allow all business to have an equal opportunity to sign up as a prospective bidder for work assigned under this contract. Initial Agreement as the Authorized Representative of the Contract Vendor Failure to sign and return EDGAR amendment by close of business on June 16, 2017 may result In your contract being placed on hold or canceled, Amendment will take effect July 1, 2017. Dated J-/n/a K.C. Totlis Riddle Painting and Coatings Co. Dated May 1017 Anita McLemore, Executive Director Mohave Educational Services Cooperative, Inc. MOHAVE ARIZONA COOPERATIVE PURCHASING K.G. Totlis Riddle Painting and Coatings Co. 5922 N. Black Canyon Highway Phoenix, AZ 85017 3/9/2017 Extension of Contract (Page 1 of 3) RE: Contract # ISE -RIDDLE -0403 Extension of contract Agreement made by, and between, Riddle Painting and Coatings Co. and Mohave Educational Services Cooperative (Mohave). In accordance with its terms and conditions, Mohave desires to extend contract 15E -RIDDLE -0403 for a period of one (1) year, beginning 4/3/2017. The extension shall be under the same terms and conditions contained therein. Please indicate your desire to extend by completing the appropriate information below and on the following pages. If the contract is extended, Riddle Painting and Coatings Co. agrees to provide products or prices as per 15E-0324. We desire to extend the contract as specified above, and agree to abide by the current terms and conditions, and any attached clarifications. Signature Title Typed/Printed Name A11I 1 L C_ ' i 211% Date Please verify that the following information is correct and accurate: POs Attn: Order Desk Riddle Painting and Coatings Co. 5922 N. Black Canyon Highway Phoenix, AZ 85017 Member Contact: K.C. Totlis Contract Administrator: K.C. Totlis Phone Number: 602-317-5088 Fax Number: 602-266-8470 Remit to: Riddle Painting and Coatings Co. Accounts Receivable 5922 N. Black Canyon Highway Phoenix, AZ 85017 If both pages of this notice are not received at Mohave's Kingman office on, or before, 4/3/2017, orders shall be held without processing. Email or fax completed extension to contracts@mesc.org or (928) 718-3232. To terminate the contract effective 41312015, email or fax a notice of your request to cancel the contract to contracts @mesc.org or (928) 718-3232, You agree to complete any authorized work or orders received prior to that date. Renewals not received within 14 days following 4/3/2015 shall result In cancellation of the contract. However, any authorized orders received prior to this date, shall be completed under this contracts terms and conditions. Extension of Contract Pricing Update (Page 2 of 3) We list your contract as utilizing Mixed: Fixed and % off MSRp. Please confirm the following regarding pricing under your contract: Our contract utilized firm -fixed pricing. We agree to hold the current prices until the next contract renewal date of 04/03/2018, Our contract utilized percentage off MSRP/Retail pricing. The current price lists/catalogs are still applicable. We are requesting a price adjustment..A price list/catalog will be submitted by _ (Insert Date) We will provide new price lists)/catalog(s) by (Insert Date) Remember that your firm cannot quote any new products contained in pricing submitted with your contract renewal until it has been reviewed and approved by your Contract Specialist. Current contract pricing will remain in effect until new pricing has been reviewed and approved Vendor Logo Currently, we have the following logo on file for use on our website in our product/vendor finder: �] I DD fainting 1�+, 1� &Coatings If you wish to revise or update the logo we have on file, keep the following requirements in mind: • What file types are acceptable? Vector point files are highly recommended (such as .ai or .eps files). If you don't have access to a vector point file, a large hi -resolution (approximately 150-300 dpi) ]PEG, TIFF, BITMAP, GIF or PNG file will work. Having a file with a high dpi will help keep images looking sharp if we need to resize the logo, + What file size is recommended? There is no limitation to the logo file size. Vender Benefits Description Currently, we have the following information on our website detailing the benefits of your contract for our members to view: Extension of Contract Vendor Benefits Description (continued) (Page 3 of 3) Riddle Painting and Coatings Co. has been working with Mohave for 15 years and has been in business in Arizona for over 30 years. The Mohave contract allows you to get preferred pricing at a lower cost than any other pricing structure we offer. All of the top brand name paint suppliers are offered under this contract, so you are not restricted to one brand. Riddle Painting sets the standard on completing your job on time and on budget. No company has more experience on multi -campus or shut down projects. We are capable of successfully completing summer, fall, winter, and spring break projects as well as productively working during sessions without disrupting the educational environment. Our professional staff will work closely with you from the estimating, to product and color selection, scheduling, and completing the job on time. We establish a high level of communication for each project. Your project will be overseen by one individual from start to finish so you can feel confident in your ability to contact your project foreman at any time. Riddle Painting and Coatings Co. through Mohave equals: quality, value and confidence at the best price. If you wish to revise or update the vendors benefits information we have on file, keep the following requirements in mind: -The description should be 150-200 words that explain the benefits that your company can provide to our members through your Mohave contract. -The description should give a brief overview for members who may be accessing information about your contract from our product vendor finder on Mohave's website. -Please note that Mohave reserves the right to revise or modify the information provided either for content or length. Email or fax request for information revisions or additional information to contracts@mesc.org or 928-718-3232. If you have any questions, contact your Contract Specialist either via email at michael@mesc.org or phone 928-718-3222. ■M 6,0A"V ARIZONA COOPERATIVE PURCHASING Mohave Contract 15E -RIDDLE -0403 Riddle Painting and Coatings Co. Via Email September 6, 2016 Agreement To Amend the Terms and Conditions for Certification In order for Mohave Educational Services Cooperative, Inc.'s (Mohave's) contracts to comply with new legislation that went into effect August 6, 2016, Mohave Is amending its existing contracts. This law "prohibits public entitles from entering into contract with a company to acquire or dispose of services, supplies from information technology or construction, unless the contract includes a written certification that the company is not currently engaged in, and agrees for the duration of the contract to not engage in, a boycott of Israel." The Terms and Conditions of your contract have been modified as follows; 2. CERTIFICATION By signing the amendment below, bidder certifies the following: -Bidder shall comply with ARS §35-393.01 and certify that they are not currently engaged in, and agree that for the duration of the contract to not engage In, a boycott of Israel, --- Dated 6- K.C. Totlis Riddle Painting and Coatings Co. Dated September 6, 2016 Anita McLemore, Interim Executive Director Mohave Educational Services Cooperative, Inc. 4MC)HA-VE' ARIZONA COOPERATIVE. PURCHASING Mohave Contract ISE -RIDDLE -0403 Riddle Painting and Coatings Co. Via Email June 14, 2016 Aoreenient To Amend The Standard Terms And Conditions For Construction; Performance And Payment Bonds Mohave Educational Services Cooperative, Inc.'s (Mohave) previous contract requirements for payment and performance bonding included reference to statute, title, and/or rules, and specific vendor actions, and acknowledgment from the member when waiving performance and payment bonding. However, these requirements may not be applicable to all members, This amendment replaces the previous requirements in the Special Terms and Conditions regarding issuing performance and payment bonds. The Special Terms and Conditions have been modified as follows: 11 . PERFORMANCE AND PAYMENT BONDS 11.1. Issuing performance and payment bonds: It shall be the sole responsibility of the member to determine if any applicable performance and payment bonding requirements apply to the procurement under an awarded contract. Member must request that the contract vendor provide the performance and payment bonds that meets the requirements prior to project implementation. The contract vendor shall supply Mohave with a copy of the procured bonds upon request. If the contract vendor fails to deliver any required performance or payment bonds requested by the member, the contract with Mohave may be canceled. 11.2. Payment bond requirement: An irrevocable payment bond shall be executed in an amount equal to 100% of the price specified in the contract between the member and the contract vendor by a surety company authorized to do business in Arizona. This bond will protect all persons supplying labor and material to the contract vendor for the performance of the work provided in the contract. 11.3. Performance bond requirement: An irrevocable performance bond shall be executed in an amount equal to 100% of the price specified in the contract between the member and the contract vendor by a surety company authorized to do business in Arizona. This agreement shall be effective July 1, 2016. Signature below indicates agreement to modifications as listed above. Dated _..........._............__s. Dated Jun[i1G K.C. Totlis Anita McLemore, Interim Executive Director Riddle Painting and Coatings Co. Mohave Educational Services Cooperative, Inc, MOHAVE ARIZONA COOPERATIVE PURCHASING K.C. Totlis Riddle Painting and Coatings Co. 5922 N. Black Canyon Highway Phoenix, AZ 85017 3/16/2016 Extension of Contract (Page 1 of 3) RE: Contract # 15E -RIDDLE -0403 Extension Agreement made by and between Riddle painting and Coatings Co. and Mohave Educational Services Cooperative (Mohave). In accordance with its terms, Mohave desires to extend contract ISE -RIDDLE -0403 for a period of one (1) year, beginning 4/3/2016. The extension shall be under the same terms and conditions contained therein. Please indicate your desire to extend by completing the appropriate information below and on the following pages. If the contract is extended, Riddle Painting and Coatings Co. agrees to provide products or prices as per 15E-0324. We desire to extend the contract as specified above, and agree to abide by the original terms & conditions, and any attached clarifications. Signaturer� /' f Title+ LJr'dttr1 / Typed/Printed Name C'I L -I-IX C 11 Date Please check the information below. POs Att: Order Desk Riddle Painting and Coatings Co. 5922 N. Black Canyon Highway Phoenix, AZ 85017 Member Contact: K.C. Totlis Contract Administrator: K.C. Totlis Phone Number: 602-317-5088 Fax Number: 602-266-8470 Remit to: Riddle Painting and Coatings Co. Accounts Receivable 5922 N. Black Canyon Highway Phoenix, AZ 85017 If both pages of this notice are not received at Mohave's Kingman office on or before 4/3/2016, orders may be held without processing. Email or Fax completed extension to contracts@mesc.org or (928) 718-3238 To terminate contract 15E -RIDDLE -0403 effective 4/3/2016, send a notice of such to (928) 718-3238 or email contracts@mesc. org. You agree to complete any authorized work or orders received prior to that date. Extension of Contract Pricing Update (Page 2 of 3) We list your contract as utilizing Mixed: Fixed and % off MSRp. Please confirm the following regarding pricing under your contract: Our contract utilized firm -fixed pricing. We agree to hold the current prices until the next contract renewal date of 04/03/2017. Our contract utilized percentage off MSRP/Retail pricing. The current price lists/catalogs are still applicable. We will provide new price lists/catalog by (Insert Date) Remember that your firm cannot quote any new products contained in pricing submitted with your contract renewal until it has been reviewed and approved by your Contract Specialist. Current contract pricing will remain in effect until new pricing has been reviewed and approved. Vendor Logo Currently, we have the following logo on our website for our members to view: RIDDL Paint & Coatings If you wish to revise or update the information, keep the following key points in mind: • What file types are acceptable? Vector point files are highly recommended (such as .ai or .eps files). If you don't have access to a vector file, a large hi -resolution (approx. 150-300 dpi) JPFG, TIFF, BITMAP, GIF or PNG file will work. Having a high dpi will help keep images looking sharp if we need to resize the logo. • What file size is recommended? There is no limitation to the logo file size. Vendor Benefits Description Currently, we have the following information on our website detailing the benefits of your contract for our members to view: Extension of Contract Vendor Benefits Description (continued) (Page 3 of 3) If you wish to revise or update the information, keep the following key points in mind: • The description should be 150-200 words that explain the benefits that your company can provide to our members through your Mohave contract. • This description should give a brief overview for members who may be accessing information about your contract via our Product Vendor Finder. • Please note that Mohave reserves the right to revise or modify the information provided either for content or length. Email any information corrections, or additional information to contracts@mesc.org. If you have any questions, contact your Contract Specialist either via email michael@mesc.org or phone <<cslnfo::csphone>>. I Offer and Acceatance Form 1 IFB ISE -0324 Exterior/Interior Painting and other Coating Applications To Mohave Educational Services Cooperative, Ina: The undersigned hereby certifies understanding and compliance with the requirements in all terms, conditions, specifications and amendments. Bidder further agrees to furnish materials and/or services in compliance with all terms, conditions, specifications and amendments in the solicitation and any written exceptions in the offer. Federal Employer Identification Number 86-0612338 Company Name Michael L. Riddle Painting, Inc, IBA Riddle Painting. and Coatingmpany Compafly ..................... Address 5922 N. Biack Canyon Fllghway City Phaenlx State 4Z Zip 85017 Telephone Number 502-277-3461 Printed Name KC T tlis Title President Primary Email KC RidcilePaintirlq.com Alternate email tom curiddleoalnting,com Note. The primary email address will be used for all communication from Mohave regarding your response to this solicitation. Provide an alternate email address that will be used g& if the primary email address is not valid Authorized Signature C� The offer and acceptance form should be submitted with a signature by the person authorized to sign the bid. The person signing the 'bid shall initial erasures, interlineatlons, or other modifications in bid, Failure to sign the bid and contract award document, or to make other notations as indicated, may result in rejection of bid. The contract vendor shall not commence any billable work or provide any material or service under this contract unless and until contract vendor receives a purchase order with Mohave's review noted. Acceptance of Offer and Contract Award (Mohave Only) � Your Bid is Hereby Accepted: As contract vendor, you are now bound to sell the materials and/or services offered to and accepted by Mohave in accordance with the solicitation, including all terms, conditions, specifications, and amendments. /5 E _ PX DI) � - 0 q This Contract shall be referred to as Contract Number _ 4 Awarded this c_�l C day of (�JY 41 2015• This contract shall be effective this rCJ day of klI 2015, Julia E. Tribbett, Executive Director Mohave Educational Services Cooperative, Inc. ■ M 0HAaVE' ARIZONA COOPERATIVE PURCHASING 15E -RIDDLE -0403 Table of Contents Riddle Painting and Coatings Co.Response to IFB 15E-0324 Tab 1A — Signed Offer and Acceptance Form ........... a.... See document 6. 15ERIDDLE0403 Award, Extensions and Amendments. Tab 1B — Amendments .................................................. No Amendment were issued for this IFB. Tab 1C — General Terms & Conditions and Standard Terms & Conditions for Construction ........ 3 Tab 1D — Special Terms and Conditions...................................................................................... 25 Tab1E — Scope of Work/Services................................................................................................ 34 Tab 1F — Bid Bond/Alternate Bid Security and Bonding Capacity ................................................ 42 Tab 2A — Method of Approach and Qualifications and Experience ............................................. 46 Tab 2B — Certificate of Insurance ........... ............ ......... ....... ._ Please call Mohave for information. Tab 2C — Financial Information ................................. All financial information is kept confidiential and has been removed. Tab 3A — Price Proposals .............................. See document 6. 15ERIDDLE0403 Pricing Summary. Tab 3B — Mobilization, Travel Charges and Pricing Methodology ............................................... 69 Tab 3C—Additional Pricing Information...................................................................................... 94 Tab 4A — Primary Contract Documents, Support and Maintenance Information ....................... 95 Tab 4B — Sample Supplemental or End -User Agreement(s) .. Tab 5 — Additional Information ............................................. Click section title to be taken directly to that section. 3/31/14 EH ................................... 98 Please call Mohave for information. RIDDL—� Paint & Coatings 0 IPB ISE -0324 There are no addendums to this proposal. I General Terms and Conditions 1. CANCELLATION 1.1. Cancellation for bankruptcy or acquisition: Mohave reserves the right to cancel, or suspend the use sof, any contract If contract vendor files for bankruptcy protection, or is acquired by an Independent third party. 1.2. Cancellation for conflict of interest: Mohave may cancel this contract pursuant to ARS g 38- 511 for conflict of interest. Conflict of interest occurs If any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of Mohave, is or becomes at any time while the contract or an extension of the contract is in effect, all employee of, or a consultant to, any ether party to the contract, with respect to the subject matter of the contract. Members shall Incur no penalty or further obligation If the contact Is cancelled for conflict of interest. A written notice of cancellation shall be sent to the contract vendor and the effective date of cancellation shall be the date specified within the written notice of cancellation. 1.3. Cancellation for convenience: Mohave reserves the right to immediately cancel the contract without penalty or recourse, in whole or In part, When Mohave determines that action to be in the best interests of its members. Contract vendor shall be entitled to receive just and equitable compensation in accordance with applicable contract pricing for authorized work in progress, authorized work completed and materials accepted before the effective date of the cancellation. 1.4. Cancellation for non-performance or contract vendor deficiency: Mohave may terminate any contract If members have not used the contract, or if purchase volume is determined to be "low volume" in .any 12 -month period. Mohave reserves the right to cancel the whole or any part of this contract due to failure by contract vendor to carry out any obligation, term or condition of the contract. Mohave may Issue a written deficiency notice to contract vendor for acting or failing to act in any of the following; Failing to comply with the accepted terms and conditions of the contract; Providing material that does not meet the specifications of the contract; + Providing work and/or material that was not awarded under the contract; Failing to adequately perform the services set forth in the scope of work/services and specifications; • Failing to complete required work or furnish required materials within a reasonable amount of time; Falling to make progress in ,performance of the contract and/or diving Mohave reason to believe that contract vendor will not or cannot perform the requirements of the contract • Failing to provide required performance bonds, Performing work or providing services under the contract prior to receiving a Mohave reviewed member purchase order for such work. Upon receipt of a Written deficiency notice, contract vendor shall have ten (10) days to provide a satisfactory response to Mohave to adequately address all issues of concern. Failure to adequately address all issues of concern may result in contract cancellation. Upon cancellation under this clause, all goods, materials and work paid for by the member, along with documents, data and reports prepared byz contract vendor under the contract shall become the property of the member. 1.5. Cancellation for replacement: Mohave reserves the right to cancel a contract awarded under this solicitation and replace It with a newer contract awarded to the same contract vendor for similar goods and services. Mohave may, at its option, either replace a contract resulting from this solicitation or delay a new award until the existing contract expires. The decision to replace the contract rests solely with Mohave, 1.6. Contract vendor Cancellation; Contract vendor may cancel this contract at any time upon thirty (30) days prior written notice to Mohave or at time of annual contract renewal. `termination shall have no effect on projects In progress at the time the notice of cancellation Is received by Mohave. 1.7. Continuation of performance: Contract vendor shall continue to perform in accordance with the requirements of the contract, up to the date of cancellation and as directed in the cancellation notice. 1,8. Gratuities: Mohave shall cancel this contract If it is found that gratuities in the form of entertainment, gifts or otherwise, were offered or given by contract vendor or any agent or representative of contract vendor, to any employee of Mohave or member with a view toward securing a contract or with respect to the performance of this contract. Paying the expenses of normal business meals shall be In accordance with each member's policy regarding gratuities. Samples of software, equipment or hardware provided to Mohave for demonstration or evaluation are not considered gratuities. 2. CERTIFICATION By signing the offer and Acceptance. Form (page 53 of the IFB), bidder certifies the following; Bidder has examined and understands the terms, conciltions,scope of work/services and specifications and other documents In this solicitation. • The submission of the bid did not Involve collusion or other anticompetitive practices. Neither signatory nor any person on his behalf has connived or colluded to produce a deceptive show of competition in the matter of the bidding or award of a contract under this solicitation. Bidder has not given, offered to give, nor Intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted offer. • Neither bidder, nor any officer, director, partner, member or associate of bidder, nor any of Its employees directly involved In obtaining contracts with the State of Arizona, Mohave Educational services Cooperative, Inc., or any subdivision of the state has been convicted of false pretenses, attempted false pretenses, or conspiracy to commit false pretenses, bribery, attempted bribery or conspiracy to bribe under the Laws of any state or federal government for acts or omissions after January 1, 1985. • Bidder agrees to comply fully with any and all provisions of ARS Title 32, Chapter 14 (Registrar of Contractors) that may regulate bidder's business, • Bidder shall not discriminate against any employee, or applicant for employment, In violation of federal and state laws (see Federal Executive order 11246; and ARS Titie 41, Chapter 9, Article 4). • Bidder Is not currently suspended, debarred or otherwise precluded from participating In any public procurement activity with any federal, state or local government entity. • If awarded a contract, bidder agrees to promote, offer and sell under Mohave contract only those materials and/or services awarded to contract vendor by Mohave. • If awarded a contract, bidder shall provide the equipment, commodities, and/or services to members of Mohave in accordance with the terns, conditions, scope of work/services, specifications, and other documents of this Invitation For Bid. If awarded a contract, bidder agrees that all staff and other individuals eligible to receive services shall have equal access to the services regardless of race, religion, color, sex, disability, age or national origin (including language minority individuals). • Bidder and all proposed subcontractors comply and shall remain in compliance with the Federal Immigration and Nationality Act (TINA), all other federal Immigration laws and regulations, ARS § 41-4401, and ARS § 23-214, which requires compliance with federal immigration laws by Arizona employers, Arizona contractors and Arizona subcontractors In accordance with the E -Verify employee eligibllity verification program. 3. If an apparent mistake in a bid, relevant to the award determination is discovered after opening and before award, Mohave shall contact the bidder for written confirmation of the bid. If bidder fails to act, the bidder shall be considered non-responsive. Mohave may contact a bidder to confirm our understanding of the bid. Such contact shall be prior to award, Mohave shall obtain written confirmation from the bidder and shall retain the confirmation in the procurement file. 4. CONFIDENTIAL_ INFORMATION 4.1. Confidential information request: If bidder believes that Its bid contains confidential trade secrets or other proprietary data not to be disclosed, a statement advising Mohave of this fact shall accompany the bid, and the Information shall be so Identified wherever it appears. Mohave shall review the statement and provide their determination in writing whether the Information shall be withheld. If Mohave determines to disclose the information, Mohave shall inform bidder In writing of such determination. Requests to deem the entire bid as confidential will not be considered. 4.2. Pricing: Mohave will not consider pricing to be confidential or proprietary. 4.3. Public record: All bids submitted in response to this solicitation shall become the property of Mohave. They will become a matter of public record available for review, subsequent to award notification. S. COOPERATIVE PURCHASING 5.1. Cooperative purchasing: This contract Is based on the need for Mohave to provide the economic benefits of volume purchasing and reduction in administrative costs through cooperative purchasing to members, Any contract that prohibits sales from being made to specific types of members (fear example, state agencies or local government units) may not be considered. Sales without restriction to any members are preferred, 5.2. Cooperative purchasing agreements. Cooperative Purchasing Agreements between Mohave and its members have been established under Arizona procurement rules and code for use of contracts, 5.3. Most favored customer: Bidder agrees all prices, terms, warranties, and benefits granted by bidder to members through this contract are comparable to or better than the equivalent terms offered by bidder to any present customer meeting the same qualifications or requirements. Nothing in this solicitation is Intended to establish a most favored customer relationship between Mohave and contract vendor. Contract vendor may respond to any solicitation without regard to this contract. If contract vendor offers lower prices to any of its other customers, it may lower Its prices to Mohave at the same time by written notice. 6. ESTIMATED QUANTITI Mohave anticipates considerable activity resulting from this solicitation. An estimate of purchases is provided in the Scope of Work/Services (page S) of the requested materials or services. However, no commitment of any kind is made concerning quantities to be acquired. Mohave does not guarantee usage. Usage depends on the actual needs of members and marketing by contract vendor. 7. EVALUATION and AWARD 7.1. Basis of award. Award(s) will be made to the responsive and responsible bidder(s) whose bid(s) is (are) determined In writing to be the low responsive and responsible bid or bids. Mohave reserves the right to use model projects/market baskets to determine the low ranking of bids. It is Mohav&s Intent to award a complete line of products, when possible and ,� advantageous. 7.2. Deviations and exceptions to requirements: All requested exceptions/deviations must be clearly explained. Unacceptable exceptions/deviations shall remove your bid from consideration for award. Mohave shall be the sole Judge on the acceptance of exceptions and Mohave's decision shall be final, 7,3. Formation of contract: A response to this solicitation is an offer to contract with Mohave based upon the terms, conditions, scope of work/services, and specifications contained in this request. A bid does not become a contract unless and until Mohave accepts it. A contract is formed when a Mohave administrator signs the award document. 7.4. Multiple award: To assure that our contracts meet the requirements of all members, Mohave may award multiple contracts. Bidder should consider this fact in preparing their response. The decision to award multiple contracts, award a single contract, or make no award rests solely with Mohave. A multiple award shall be made only if the procurement officer determines in writing that a multiple award is necessary and Is advantageous to Mohave members. A multiple award shall be limited to the least number of contracts necessary to meet the requirements of the using agencies. Mohave shall make the sole determination of the least number of contracts required to meet the heed. Mohave's basis for determining whether to award multiple contracts shall be based upon considerations for the large number of members, diverse types of members, location of members throughout Arizona and members' past usage of similar contracts, Criteria for selecting vendors for multiple contracts shall be based upon considerations for members' experience with existing products and systems, brand continuity for parts replacement and future expansion, contract vendor's ability to provide for our large, diverse membership, bonding capacity, geographic area(s) served, Mohave's past experience with contracts for similar product/services, and/or other relevant criteria. 7.5. Non-exclusive contract. Any contract resulting from this solicitation shall be awarded with the understanding and agreement that It Is for the sole convenience of Mohave's members. Mohave and its members reserve the right to obtain like goods and services from other sources. 7.6. Past performance information: Past Performance Information (PPI) is relevant information regarding a contract vendor's actions under previously awarded contracts to public agencies. It Includes contract vendor's record of performance under such contracts Including, but not limited to, conformance to the terms, conditions, specifications and scope of work/services of the contracts, responsiveness to, and correction of, contract claims and controversies, and satisfaction of the contracting entities. PPI shall be a factor in evaluation and award. 7.7, Responsible bidder: A responsible bidder Is a firm or person with the capability to perform the contract requirements and the integrity and reliability, which will assure good faith performance. Mohave must determine a bidder to be responsible before awarding a contract to bidder. 7.8. Responsive bids: A responsive bid reasonably and substantially conforms to all material requirements of the solicltatlon. Bids must be responsive to receive award consideration. Mohave, reserves the right to waive minor Informalities. S. FEDERAL -and -STATE REQUIREMENTS 8.1. Affordable Care Act requirements: Contract vendor understands and agrees that It shall be. solely responsible for compliance with the Patient Protection and Affordable Care Act, Public Law 111-148 and the Health Care Education Reconciliation Act, Public Law 111-152 (collectively the Affordable Care Act "ACA"). Contract vendor shall bear sole responsibility for providing health WO care benefits for Its employees who provide services to the member as required by state or federal law. 8,2. Compliance with federal and state requirements: Contract vendor agrees, when working on any federally assisted projects with more than $2,000 in labor costs, to comply with the Contract Work Hours and Safety Standards Act, the Davis -Bacon Act, the Copeland "Anti - Kickback" Act, the Housing and Urban Development Act of 1968, the Equal Opportunity Employment requirements as amended by Executive Order. In such projects, contract vendor agrees to post wage rates at the work site and submit a copy of their payroll to the member for their files. In addition, to comply with the. Copeland Act, contract vendor must submit weekly payroll records to the member. Contract vendor must keep records for three years and allow the federal grantor agency access to these records, upon demand. Contract vendor also agrees to comply with State of Arizona Executive Order 75-5, as amended by Executive Order 99-4. when working on any projects funded with federal grant monies, contract vendor agrees to comply with the administrative requirements for grants and cooperative agreements to state, local and federally recognized Indian tribal government contract provisions. The forms listed below are incorporated by reference Into this solicitation and any resultant contract. • HUD -5369, Instructions to Bidders for Contracts, Public and Indian Housing Programs • HUD -5369-A, Representations, Certifications, and Other Statements of Bidders, Public and Indian Housing Programs • HUD -5369.6, Instructions to Offerors Non -Construction • HUD -5369-C, Certifications and Representations of Offerors Non -Construction Contract. • HUD -5370, General Conditions of the Contract for Construction • HUD -5370 -Ci, General Conditions for Non -Construction Contracts Section 1 (with or Without Maintenance work) • HUD -5370-C2, General Conditions for Non -Construction Contracts Section .1 (with Maintenance Work) For federally funded projects only, the requirements of an applicable form shall supersede conflicting requirements in this solicitation. The forms may be accessed. via HUDCllps (http://www.hud.gov). 8.3. Compliance with workforce requirements: Pursuant to ARS § 41-4401, contract vendor and subcontractor(s) warrant their compliance with all federal and state Immigration laws and regulations that relate to their employees, and compliance with ARS § 23-214 subsection A, which states, "...every employer, aper hiring an employee, shall verify the. employment eligibillty of the employee through the E -Verify program." [To register for E -Verify, go to: https://e- ver!N.uscis.gov/enroll/startpage.aspx.] Mohave reserves the right to cancel or suspend the use of any contract for violations of immigration laws and regulations. Mohave and its members reserve the right to inspect the papers of any contract vendor or subcontract employee who works under this contract to ensure compliance with the warranty above. 8.4. Contract vendor employee work eligibility: By entering into the contract, contract vendor warrants compliance with ARS § 41-4401, ARS § 23-214, the Federal Immigration and Nationality Act (FINA), and all other federal immigration laws and regulations. Mohave and/or Mohave members may request verification of compliance from any contract vendor or subcontractor performing work under this contract. Mohave and Its members reserve the right to confirm compliance. Should Mohave or its members suspect or find that the contract vendor or any of its subcontractors are not In compliance, Mohave may pursue any and all mmedles allowed by law, including, but not limited to suspension of work, termination of the contract for default, and suspension and/or debarment of the contract vendor. All costs necessary for compliance are the responsibility of the contract vendor. B.S. Davis -Bacon wage decisions: For federally funded projects subject to the Davis -Bacon Act, the member shall specify the applicable Davis -Bacon wage decision, prior to the contract vendor providing a Firm price quotation for the proposed project. The wage decision .shall be identified by the WD Number, modification number, and date of the wage decision. Davis -Bacon wage decisions may be accessed via www.wdol.noy or by requesting a copy from the member. 8.6. Non-compliance: All federally assisted contracts to members that exceed $10,000 may be terminated by the federal grantee for noncompliance by contract vendor. In projects that are not Federally funded, bidder must agree to meet any federal, state or local requirements, as necessary. In addition, If compliance with the federal regulations increases the contract costs beyond the agreed on costs in this solicitation, the additional costs may only apply to the portion of the work paid by the federal grantee. 8.7. Offshore performance of work prohibited: Due to security and Identity protection concerns, direct services under this contract shall be performed within the borders of the United States. Any services that are described in the specifications or scope of work/services that directly serve the State of Arizona or Its clients and may involve access to secure or sensitive data or personal client data or development or modification of software for the state shall be performed within the borders of the United States. Unless specifically stated otherwise in the specifications, this definition 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. 8.8. Terrorism country divestmenits: In accordance with ARS § 35-392, Mohave and its members are prohibited from purchasing from a company that is in violation of the Export Administration Act. By entering into the contract, contract vendor warrants compliance with the Export Administration Act. 9. FORCE MAIEURE Except For payments of sums due, neither party shall be liable to the other, nor be 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, including, but not limited to the following: acts of God (e.g. fire, flood, snow, earthquakes, tornadoes, violent winds, hail storms); acts of the public enemy; war; riots; strikes; mobilization; labor disputes; civil disorders; lockouts; Injunctions -intervention -acts, or failures or refusals to act by government authority; and other similar occurrences beyond the control of the party declaring force majeure, which such party is unable to prevent by exercising reasonable diligence. The force majeure shall be deemed to commence when the party declaring it notifies the other party of the existence of the force majeure, and small be deemed to continue as long as the results or effects of the force majeure prevent the party from resuming performance in accordance with the contract. Force majeure shall not include late deliveries of equipment or materials caused by congestion at a manufacturer's plant or elsewhere, an oversold condition of the market, inefficiencies, or similar occurrences. If either party is delayed at any time by force majeure, the delayed party shall notify the other party In writing of such delay within forty-eight (48) hours. 10. f,DEMN1FICAJi!2r_4 10.1.General indemnification: To the extent permitted by law, Mohave and its Members shall be indemnified and held harmless by contract vendor for its vicarious liability as a result of entering into this contract. Each party to the contract is responsible for its own negligence. 10.2. Modification by member: Contract vendor shall have no obligation with respect to any patent and copyright infringement claim based upon member's modification of the equipment and/or software, or its operation or use with apparatus, data or programs not furnished by contract vendor: However, one member's action will not preclude contract vendor's obligation to others not having modified their equipment or software. 10.3. Patent and copyright Indemnification: To the extent permitted by law, contract vendor shall indemnify and hold harmless Mohave and Its members against any liability, including costs and expenses, for infringement of any patent, trademark or copyright arising out of contract performance or use by Mohave and Its members of materials furnished or work performed under this contract. Mohave and Its members shall reasonably notify contract vendor of any claim for which It may be liable under this paragraph. 11. LICENSES Contract vendor shall maintain in current status all federal, state and local licenses, bonds and permits required for the operation of the business conducted by contract vendor. Contract vendor shall remain fully Informed of and in compliance with all ordinances and regulations pertaining to the lawful provision of services under the contract. Mohave reserves the right to stop work and/or cancel the contract of any contract vendor whose license(s) expire, lapse, are suspended or terminated. 12. OFFER ACCEPTANCE PERIODIWITH DRAWAi~ 12.1. Late bids: Except as authorized by Arizona procurement rules and code, late bids shall not be considered. Bidder shall be responsible for all shipping costs when requesting the return of a late bid. 12.2. Withdrawal of bid: A bidder may withdraw a bid in writing at any time before bid opening if the withdrawal is received before the bid due date and time at the location designated in the Invitation for bids for receipt of bids. After the opening time and date, bids may not be withdrawn, except as allowed by Arizona procurement rules and code. 13. [ORDERING CYCLE 13.1. Acceptance of orders.* This contract is for the sole use of Mohave and its members. All quotations provided to members must be based on prices in the contract and Include the correct Mohave contract number. Contract vendor may only refuse a Mohave reviewed order under this contract after providing written documentation acceptable to Mohave describing the circumstances that warrant refusal. Improper documentation and/or frequent refusals may result in contract cancellation. Mohave may require the contract vendor to reject any purchase orders received from members based on this contract that may not comply with Mohave's rules, processes or standards. 13.2. Audit of contract activity: Mohave will audit some of the purchases made under this contract. The contract vendor agrees to provide all documentation necessary for Mohave to audit purchases made under contract, including Invoices, credits and statements Issued to members, in a timely fashion. 13.3. Contract vendor contacts: Contract vendor agrees to assign only one contact person for each of the following: accounting, audit, contract administration, escalation, main member contact, open order/status report, and reconciliation. These contacts may be the same person, with the exception of the escalation contact. The name(s) of the contact persons will be provided to Mohave. 13.4. Open order and status reports: Mohave will send contract vendor open order and status reports on a periodic basis. Contract vendor agrees to reply to Information requests In a timely fashion. 13.5.0rders in process: Member purchase orders dated on or before the contract cancellation and/or expiration date, will be processed and are considered valid until order fulfillment, or cancellation by the member. Any such orders must be in the possession of Mohave within a reasonable amount of time: 13.6. Purchase verification: It is the member's independent responsibility to verify that quotations and purchase orders comply with the terms of the award of a contract or procurement. 13.7. Quotations: Quotations with no end date are considered invalid after sixty (60) days from the issue date. 14. OVERVIEW 14.1. Advertising: Bidder shall riot advertise or publish information concerning this solicitation prior to an award 'being announced by Mohave. After award, contract vendors) may advertise the availability of products and services to members. Any promotional marketing materials using the Mohave logo must be approved by a Mohave Contract SRecialist In advance. 14.2. Modification of contract: An awarded contract may be amended for a variety of reasons. Contract modifications will be issued as deemed necessary by Mohave to address contractual issues that may arise. 14.3.Applicable law: Contract shall be governed by the laws of the State of Arizona, and suits pertaining to the contract may be brought only In courts In the State of Arizona. 14.4. Application of law: The Arizona procurement Code, the Arizona State Board of Education School District Procurement Rules, and the Uniform Commercial Code (UCC) as adopted by the State of Arizona, are part of this document as if fully set forth herein. Any provision or clause required by law, rule or regulation to be included In the contract will be read and enforced as if in the contract, whether or not physically included. if any such provision is not included, or is not correctly included, contract will be amended In writing to make such inclusion or correction upon application From either party to contract. 14.5. Arbitration: After exhausting applicable administrative review, the parties to this contract may agree to resolve disputes arising out of or relating to this contract through arbitration, to the extent allowed by law, 14.6. Assignment: Contract vendor shall assign no right or interest in this contract without prior written permission from Mohave, No delegation of any duty of contract vendor shall be made without prior written permission from Mohave. Mohave shall not unreasonably withhold approval and shall notify contract veridor of Its decision within fifteen (15) days of receipt of written notice from contract vendor. 14.7. Audit rights: In accordance with applicable Arizona law, contract vendor's and subcontractor's books and records related to this contract may be audited at a reasonable time and place, for five years after completion of the contract. 14.8. Availability of funds: Member fund availability is unknown to Mohave at the time this solicitation was issued, Use of any contract awarded by Mohave will be conditioned upon the availability of member funds, 14.9. Bid opening: Bids shall be opened Immedlately following the bid due date and time.. Sample pricing will be publicly read and recorded In the presence of witnesses. All other information in the bids shall remain confidential until after award of contracts, with the exception of review by Mohave staff and selected evaluators. 14.10. Brand narnes: The names .of major businesses and their products that appear without the trademark or service mark remain the property of their respective owners. 14.11. Captions, headings and illustrations: The captions; illustrations; headings, and subheadings in this solicitation are for convenience and ease of perusal only, and In no way define, limit or describe the scope or Intent of the request. J 14.12. Contract claims or controversies: The requirements of the Arizona procurement rules and code shall govern any contract awarded as a result of this solicitation, as well as any contract claims or controversies associated with it. Formal contract claims and controversies between a member and contract vendor shall be resolved In accordance with 117-2-1155 through R7-2-1159, or ARS, Title 41, Chapter 23, Article 9, as applicable. The member's authorized representative shah serve as the district representative for resolution of such claims and controversies. ARS, Tltie 41, Chapter 23, Article 9 and the rules promulgated under it, or R7-2-1155 through 117-2-1159, as applicable,, provide the exclusive procedure for asserting a cause against the member under the contract. 14.13. Contract placed on hold: Mohave shall have the ability to place a contract on hold, if it is deemed necessary to address ongoing problems with an awarded contract. Details of the decision to place the contract on hold shall be provided In a written deficiency notice. A reasonable amount of time shall be provided to contract vendor to address issues in the written deficiency notice. 14.14. Definition of time: Periods of time, stated as a number of days, shall be In calendar days, not business days. 14.15. Eligible agencies: Any contract awarded from this sollcitatlon shall be available to all Mohave members. Member is defined as a. local or public procurement unit, or a governmental public entity that is a political subdivision for purposes of federal Income tax, or a nonprofit educational or public health institution that is a political subdivision for purposes of federal income tax or meets the requirements of Section 115 of the Internal Revenue Code. Mohave has over 430 members including public school districts, community colleges, city and county governments and political subdivisions throughout Arizona. A list of members may be found on Mohave's website, www.mesc.org. Actual use of any contract will be at the sole discretion of Mohave's members. 14.16. Novation. If contract vendor sells or transfers all assets or the entire portion of the assets Used to perform this contract, a successor in Interest must guarantee to perform all obligations under this contract. Mohave reserves the right to accept or reject any new party. A simple change of name agreement will not change the contractual obligations of contract vendor. 14.17. Order of precedence. In the event of a conflict in the provisions of the contract as accepted by Mohave, the following order of precedence shall prevail: 1. Special terms and conditions 2. General terms and conditions 3. Scope of work/services and specifications 4. Attachments and exhibits 5. documents referenced or Included in the solicitation 14.18. Pricing extension errors: In case of error In extension of prices in the bid, unit prices shall govern. 14.19. Relationship of the parties: Vendors receiving contracts under this sollcitatlon are independent contractors. Any party to the o3ntract shall not be deemed to be the employee of another party to the contract. 14.26. Removal from prospective bidders list: Any bidder submitting a perfunctory bid with no serious Intent of being accepted may be removed from Mohave's prospective bidders list. Any vendor not responding to two (2) consecutive Invitations for Bid for similar procurements may be removed from the prospective bidders list for those items or services. A "no bid" response or request to remain on the list is sufficlent to keep a vendor on the prospective bidders list. 14.21. Severability: The provisions of this contract are severable to the extent that any provision or application held to be Invalid shall not affect any other provision or application of the contract which may remain in effect without the Invalid provislon or application. 14.12. Successful performance: The sections of solicitation defining the scope of services, requirements, qualifications, etc., are not to be construed as a complete listing that exempts successful bidder from reasonable services required to ensure "successful performance under the contract. 15. PAYMENT 15.1. Billing: All invoices shall list the applicable member purchase order number and Mohave contract number. Contract vendor will invoice members directly. All transactions are payable in U.S. currency only. 15.2, Contacting member about payment: Contract vendor may contact member directly for payment for a product or service delivered to the member under the contract. Such contact shall be professional and courteous. 15.3.Contract vendor invoice: Contract vendor shall invoice member after delivery of goods and/or services. Goods and services shall be invoiced at applicable contract prices, which include Mohave's 1% administration fee. Invoice must include member purchase order number and Mohave contract number, Mohave's administration fee is Included in the invoice: amount paid by the member. Contract vendor shall remit administration fee to Mohave monthly. Administration fee shall be calculated at .0099 of the subtotal amount. The Mohave administration fee shall not be calculated on ancillary charges (e.g. performance bonds, shipping, transaction privilege tax, transportation charges, mileage, lodging, meals and Incidental expenses (M&IE), permits, etc.), 15.4. Contract vendor payment: Member shall Issue payment to contract vendor after receipt. of Invoice. 15.5. Correct billing. Contract products/services may not be invoiced greater than the purchase order. If Incorrect Invoices are discovered, contract vendor must correct invoices resulting in excess charges, no matter the cause of the error. Any excess payment must be returned to member within the time allowed by law, in the form of a check or credit memo, as determined by the member. If a member is invoiced at less than contract prices, contract vendor will Invoice the member for the difference unless Mohave approves the undercharge, If contract pricing in effect on the contract has gone down between the time of the order and the invoice date, contract vendor may invoice at the current contract prlce; 15.6. Credit hold. Contract Vendor agrees to advise Mohave's Procurement Manager of a member(s) being placed on credit hold, within five (5) days of the action, 15.7. Payment time: Payment terms are net thirty (30) days from receipt of contract vendor's invoice. 15.5. Progress payments: Members may make progress payments under the following conditions: 1) Member and contract vendor agree to the terms of the progress payments prior to issuing a purchase order; C) the purchase order describes the arnounts/percentages to be paid and the dates/frequency of payment; 3) member accepts responsibility for verifying the validity of each payment application; 4) payments are made only after goods and/or services are verified, and 5) any such payments be. made in full compliance with member's local governing entity rules and any and all other applicable state rules and regulations. 15.9, Quick pay discounts: Quick pay discounts may be offered to members, provided they have received the materials or services, and that such discounts are available equally to all members. Mohave must approve such discounts In writing and before they are offered to members. 15.10. Reporting and payment of administration fees to Mohave- The contract vendor agrees to provide a Reconciliation Report detailing activity under the contract, and payment for Mohave administration fees for invoices paid in the previous month. Items In the report must include member names, PO numbers, amounts, administration fees, invoice numbers, invoice dates and credit/return Information for all invoices paid in the prior month. Payment and report are due as per a schedule agreed upon b1 Mohave and contract vendor. The initial due date shall be the 10th, 151", 20th, 251h or 30 of the following month and will be specified in an award notification letter. If no invoices were paid under the contract in the previous month, the contract vendor will provide notice of no activity. A sample reconciliation report will be made available upon award of contract. Make Mohave administration fees payable to Mohave Educational Services Coop., Inc. Payments shall be mailed to: 625 E. Beale St. Kingman, AZ 86401 15. PREPARATION OF BID and BID FORMAT 16.1. Modification of bid: A bidder may modify a bid in writing at any time before bid opening if the modification is received before the bid due date and time at the location designated in the invitation for bids for receipt of bids, 16.2. Bid forms: The forms and format contained In the solicitation shall be .used. Bidders may reproduce the forms and retype the information, but all of the required information must be presented in the tab order requested, Electronic or faxed bids shall not be considered. 16.3. Bidder responsibility: Bidder shall examine the entire solicitation, seek clarification of any Item or requirement that may not be clear, and check all responses for accuracy before submitting bid. Failure to examine: any requirements shall be at bidder's risk. Negligence, in preparing a bid confers no right of withdrawal after due date and time. 11.6.4. Cost of bid preparation: Mohave will not reimburse the cost of developing, presenting, or providing any response to this solicitation. 17. PRODUCT LINES 17.1. Current products: Bids shall be for materials and equipment. in. current production and marketed to the general public and education/government agencies at the time the bid is submitted. 17.2. Disconthwed products: If a product or model is discontinued by the manufacturer, contract vendor may substitute a new product or model if the replacement product meets or exceeds the specifications and performance of the discontinued model and If the discount Is the same or greater,than the discontinued model. New products shall be submitted for approval following the process detailed In the Special Terms and Conditions (see Pricing, New catalogs/pricelists), prior to being offered to members. 17.3. New products/ services: New products and/or Services that meet the scope of work/services may be added to the conb,act. Contract vendor may replace or Ladd product lines to an existing contract If the line is replacing or supplementing products an contract, Is equal or superior to the original products offered, is discounted in a similar or to a greater degree, and if the products meet the requirements of the solicitation. No products and/or services may be added to avoid competitive procurement requirements. Mohave may require additions to be submitted with documentation from members demonstrating an Interest In, or a potential requirement for, the new product or service. New products/services must be submitted and approved by Mohave, ''� prior to being offered to member. Mohave may reject any additions without cause. 17.4. options: Optional. equipment for products under contract maybe added to the contract at the time they become available under the following conditions: 1) the option is priced at a discount similar to other options; 2) the option is an enhancement to the unit that improves performance or reliability. 17.5. Product line: Bidders with a published catalog may submit the entire catalog. Mohave reserves the right to select products within the catalog for award without having to award all contents. Mohave may reject any addition of equipment options without cause. 18. PRQTE,'TS Protests shall be riled with Julia E. Tribbett, the Executive Director of Mohave (the District Representative), and shall be resolved in accordance with Arizona Procurement rules and code, ARS, Ttie 41, Chapter 23, Article 9 and State Board Rules R7-2.1001 through R7-7-1196. A protestmurt be in writing anry rn7usL be filed with the Executive Director of Alohave at 62.5 E. Veale Strut; Kingman, Arizona, 864111. 'Protests based upon alleged Improprleties in a solicitation shall be Filed before the due date and Urne for responses to the solicitation. Tide interested party shall file the protest within ten (10) days after Mohave makes the procurement file available for public inspection. A protest Filed on the tenth day must be received by 5:00 prn, local AZ time. The interested party may Fite a written request for an extension. The written request shall be flied before the time limit specified above and shall set forth good cause as to the specific action or Inaction of Mohave that resulted in the interested party being unable to file the protest before the time limit speciFed above. A protest shall be in writing and,, shall include the Following Information. • The name, address and telephone number of the interested party; • The signature of the interested party or the interested party's representative; • Identification ofthe solicitation by contract number; • A detailed statement of the legal and factual grounds of protest including copies of any relevant documents; . The form of relief requested. Should Mohave prevail In an appeal of a decision issued by the Executive Director, appellant waives any objection to the hearing officer awarding Mohave its reasonable attorneys fees and costs along with the costs for the hearing. 19. RIGHT TO ASSURANCE Whenever one party to the contract has a good faith reason to question the other party's intent to perforin, he may demand that the other party give written assurance of its Intent to perform, If a demand is made and no written assurance is given within ten (10) days, the demanding party may treat this failure as an anticipatory breach of the contract. 20. SAFETY STANDARDS Items supplied under the contract shall comply with applicable Occupational Safety and Health Standards of the Arizona Industrial Commission, National Electric Code, and National Fire Protection Association Standards. 21. SHIPPING 21.1.Shipping terms/transfer of title: Shipments shall be F.O.B. destination. Title and risk of loss of material shall not pass to member until member receives the material at delivery point, unless otherwise provided in the contract. 21.2. Shipment under reservation: Contract vendor is not authorized to ship materials under reservation and no tender of a bill of lading will operate as a tender of the materials. 21.3. Shipping charges: Prices that include shipplrig to any location in Arizona, delivered to the specific receiving point identified in the purchase order, are preferred. If shipping Is charged, It shall be that member is not charged more than the actual invoiced amount for shipping, and is prepaid by the contract vendor (Pl?euA). It is the member's responsibility to confirm shipping charges under the contract, 21.4.Shipping errors/risk of transportation: Stripping errors will be at contract vendor's expense, if contract vendor ships a product that was not ordered, contract vendor shall pay for return shipment at the convenience of member. All risk of transportation and all related charges shall be contract vendor's responsibility. Contract vendor shall Elle all claims for visible or concealed damage. Member will notify contract vendor promptly of any damaged goods and shall assist contract vendor in arranging for inspection. 22. SUSPENSION OR DEBARME.N STATUS Bidder shall include a letter In Its bid notifying Mohave: of any debarment, suspension or other lawful action taken by any federal, state or local government within the last five years that precludes bidder or Its employees from participating in any public procurement activity. Such letter shall provide name and address of the public procurement unit, effective date, duration, and relevant circumstances of the suspension or debarment: Failure to supply such letter or not dlsdose all pertinent informatlon shall result in cancellation of any contract. 23.TAXES 23.1. Federal Excuse Tax: Most members are exempt from paying Federal Excise Tax. 23.2. Payment of taxes: Member is responsible for payment of all taxes listed on the invoice. Contract vendor is responsible for collecting such taxes and shall forward all taxes to the proper revenue office. 23.3. Pre-tax prices: Prices shall not include applicable state and local taxes. All applicable taxes must be listed as a separate item on all invoices and will be paid by member issuing the purchase order. 23.4. Property taxes: Arizona public agencies may not pay state property taxes. (Arizona Constitution, Article 9, Section 2) 23.5. Reservation or tribal tax: If goods or services are subject to reservation or tribal tax, contract vendor shall Include such taxes as a separate item on the original Invoice to the member. 23.6. Transaction Privilege Tax (Sales Tax): Most members are taxable. Transaction Privilege Taxes in Arizona may include state, county and city taxes. The tax status of the ordering member determines if and when Transaction Privilege Taxes are to be applied, Docurnentatlon for members who do not pay Transaction Privilege Tax is available upon request from member. Contract vendor is responsible for charging taxes correctly. 23.7.Taxes on construction: Contract vendors for construction -related projects must follow the latest Arizona Administrative Code, Department of Revenue, transaction privilege tax procedure as described in R -15-S-602. Since the work is performed for and payments will be received from Mohave's members, the contract vendor Is considered a prime contractor by R-15-602 (C, 1, a). Transaction privilege taxes on contracting shall be separately stated on invoices. I Standard Terms and Conditions for Construction -1 1. BID SECURLTY 1.1. Amount of bid security: All bidders for a contract under this IFB shall include acceptable bid security in the amount of $100,000 with the submission of their bid. 1.2. Bid security requirement: School procurement rules [R7-2-1102 (A)] and as applicable In ARS § 34-222. and 41-2573, require that all competitive sealed bidding for construction have Laid security, if the amount of the construction contract will exceed the amount established by ARS § 15-213(A). Bid security as a percentage of the bid amount is unacceptable, as this is a term contract with no specific bid amount. Bid security must be in the amount stated above in "Amount of b/d security." 1.3. Form of bid security: Acceptabfe bid security for this IFB will be a certified or cashier's check, or an annual or one time bid gond underwritten by a surety company licensed to issue bid bonds In Arizona [R7-2-1102 (B, C), ARS § 34-222 and 41-2.5731. Bid security may be provided using the form found in the primary contract document pages of this IFB, with the principal being the prime contractor and the Obligee being Mohave e=ducational Services Cooperative, Inc. An agent of your licensed bonding agency shall sign the letter. If the original letter- Is not signed and/or has conflicting Information, It shall render your bed nonresponsive. 2. CHANGE ©RQERS 2.1. Adherence to specifications and drawings: The contract vendor shall follow the requirements of all specifications and drawings as closely as actual construction and work of contract vendors shall permit. Should existing conditions or limitations require a major change or rearrangement, the change shall be allowed only upon Issuance of a written change order.. 2.2. Change order requirement. Member and contract vendor shall establish a procedure for identifying and approving changes to the work. Member shall notify Mohave of any change that revises the cost of the project: Contract vendor shall not begin the revised work prior to receipt of the Mohave reviewed member change order. Contract vendor agrees to follow all applicable rules and regulations for any change .orders, Including R7-2-1005 and as applicable in ARS § 41-2552. Change orders shall be properly documented In writing. Minor changes mutually agreed between the member and the contract vendor that do not Involve compensation. may be made without informing Mohave, unless such change significantly modifies the ,cope of work and needs to be documented. 2.3. Costs for changes associated with improper checking or coordination: -lie cast of any change in construction due to improper checking of site and/or other conditions, or coordination by contract vendor, shall be borne by the contract vendor, and the contract vendor shall riot be entitled to reimbursement for such costs. 3. CONSTRUCTION _CONTRACTS 3.1. Cancellation by Mohave: Mohave reserves the right to cancel a contract resulting. from this IFB if the original contract holder Is sold and ownership Is transferred to a new party. If Mohave cancels the contract, the cancellation clause will be exercised, as required. 3.2. Compensation: Compensation for received goods, terms of progress payments, and a. schedule of payments shall be described`in the contract. The agreement shall state that Mohave will not be responsible for any late fees due the contract vendor by the member. 3.3. Member delays: As required by ARS § 15-213 (D), the contract vendor shall negotiate with member for the recovery of damages related to expenses incurred by the contract vendor For a delay for which the member Is responsible, which Is unreasonable under the circumstances and which is not within the contemplation of the parties to the contract between the two parties. Any such negotiations shall not void any provisions between the parties that require notice of delays, provide for arbitration or other procedure for settlement or provides for liquidated damages. 3.4. Construction contract requirement: In any contract between the contract vendor and a member based on this contract, the terms and conditions of this contract shall prevail. In any contract between the member and the contract vendor, the scope of work shall include, all specifications, drawings, and other official documents, All applicable codes around which the contract is made shall be included, as will any technical specifications and general conditions. The contract vendor shall acquire and pay for all permits and approvals from local, county, state and federal offices needed to accomplish the work, Contract vendor shall be entitled to direct reimbursement for the cost of such permits, 3.5. Form of construction contracts: A contract between the member and the contract vendor for construction shall be an industry standard agreement. The parties may agree to use the American Institute of Architects (ATA) General Conditions of Contract for Construction Form A201 as a guide, 3.6. Member representative: All formal contact between the contract vendor and/or contract vendor's personnel and the member shall be processed through the member representative. The member shall designate the member representative at the time of purchase. 3.7. Terms of acceptance:. Terms for acceptance by the owner and title to work most be clearly agreed upon and described in the contract. If any part of the construction requires the member to assume control before the completion, this shall be defined. Both. parties shall agree on the definition of what constitutes final acceptance, Upon completion of the project, the worksite shall be left in a condition equal to or better than before the project. 3.8. Void provisions: A provision, covenant, clause or understanding in, collateral to or affecting a construction contract that makes the contract subject to the laws of another state or that requires any litigation, arbitration or other dispute resolution proceeding arising from the contract to be conducted in another state is against public policy of the State of Arizona and is void and unenforceable. (ARS § 15-213 and 34.227) 3.9. Work performed by the member: Work to be performed by the member must be clearly described and agreed upon prior to project start up. 4. CONSTRUCTION SCHEDULE 4.1. Schedule adjustment: The member retains the right to extend the schedule of work or to suspend the work, and to direct the contract vendor to resume work when appropriate. The agreement must describe an equitable adjustment for added costs caused by any suspension. Any increases shall be invoiced per approved contract pricing as allowed in the agreement. 4.2. Schedule requirement:, A schedule For performance of work that can be met without planned overtime is the responsibility of the contract vendor. 4.3. Work crew size: The cost for each project shall include all costs of all necessary trained personnel to complete the project on or before the completion date(s) set forth in the contract. The member shall not incur additional expense for upsized crews, nor overtime costs, which might be necessary for the contract vendor to complete the project on schedule. --R�Itfflyf-1111 5;1. Conflict with member activities: The contract vendor and member shall coordinate activities so as to avoid conflicts. The contract vendor shall make every reasonable effort not to interrupt scheduled member activities with work under the contract. The contract vendor shall notify the member of any construction work that may negatively Impact scheduled member activities due to noise, etc. 5.2. Coordination with other vendors: The contract vendor shall coordinate with other contractors. 5,3. Interruption of other work: The contract vendor shall employ such methods or means as will not cause any interruption of, or interference with, work of any other contractor on the project site. 6. DELIVERY OF CONSTRUCTION MATERIALS: 6.1. Condition of materials on delivery: The contract vendor shall deliver materials to the worksite in new, dry, unopened, and well -marked containers showing product and contract vendor's name. Damaged or unlabeled materials will not be accepted. 6.2. Delivery requirement: The contract vendor shall deliver materials in sufficient quantity to allow for continuity of work. Delivery shall be coordinated with the member's representative. 6.3. Precautions: The contract vendor shall take all necessary precautions to protect Its materials from damage, theft and misuse. The member shall have no responsibility for such precautions or protection. 6.4. Rejected and damaged material: Damaged or rejected materials shall be Immediately removed from the work area. 7. 'INSURANCE 7.1. Course of Construction Insurance: Upon request from member, contract vendor shall purchase and maintain course of construction insurance equal to the estimated replacement cost of the property after completion of the entire work at the site as called for In the purchase order. The Insurance form will be an "all risk" type policy with standard exclusions. Coverage shall include ternporary structures, scaffolding and office trailers at the site, as well as materials and equipment at the site destined to become a permanent part of the property. Any additional costs associated with course of construction Insurance must be identified in the pricing workbook, 7.2. Deductibles: Contract vendor shall pay the deductibles required by the insurance provided under this agreement 7.3. Indemnification: inuring the Ilfe of the contract, contract vendor agrees to save and hold harmless Mohave and/or its members from any and all liability for loss or damage to persons or property arising out of the work required by the contract. Contract vendor further, agrees to waive any right of recovery against Mohave and/or its members for damage to the property of contract vendor, whether caused by negligence on the part of Mohave and/or Its members or otherwise. This provision Includes specifically the waiver of right of recovery against Mohave and/or Its members for Fire damage to property under contract and not yet formally accepted by member even though said property at the time of loss may be occupied, In whole or in part, by member. 7.4. Proof of Insurance: Evidence of the required Insurance shall be provided by means of a certificate of insurance naming Mohave as the certificate holder. In addition, contract vendor must be willing to provide, upon request, identical certification of insurance to any member using this contract. Upon request, contract vendor shall provide member with a certificate of Insurance naming the member as an additional Insured. All Insurance policies shall Include a clause to the effect that the policy shall not be cancelled or reduced, restricted or limited until thirty days after the member has received written notice, evidenced by a return receipt of a registered or certified letter, of the proposed action. 7.5. Scope of Insurance: Contract vendor's Insurance shall provide adequate protection for contract vendor and contract vendor's subcontractors, respectively, against damage claims which may arise from operations under this contract, whether such operations are by the insured or by anyone directly or Indirectly employed by the insured. All Insurance must be written by companies CEO incorporated within the United States (exclusive of Territories or Possessions) and licensed or authorized to do business In Arizona. iIi'hldL iiiii r+. 8.1. Labor practices: The contract vendor must agree to treat its labor in keeping with its labor contract agreement and to the best. Interest of the member. Any overtime practices or retroactive agreements with labor unions that would be to the detriment of the member must be limited to only those approved by the member. 8.2. Labor requirements: The method and manner of performance must be stated: employees of the contract vendor are not employees of the member; the level of competency of the personnel will be subject to approval by the member; the contract vendor must agree to comply with all local, state and federal laws; adjoining property owners must not be annoyed by nolse, pollutants, material hauling operations;' procedures for dealing with fire, theft, and storm damage must be established; methods the contract vendor will use to guarantee safe job practices relating to the health and welfare of the member employees and contract vendor employees will be clearly stated. 8.3. Quality of work: All work under the contract shall be accomplished by experienced craftsmen, helpers: and laborers under the supervision of the foreman or supervisor. 8.4. Removal of Employee or Representative: The member shall have the right to require the contract vendor to remove from the project any employee or representative of the contract vendor, its subcontractors or suppliers that the member may deem incompetent, careless, Insubordinate, or otherwise unacceptable. B.S. Supervision; The contract vendor shall furnish the services of an experienced foreman or supervisor who will continually be In charge of work on the project. The foreman or supervisor shall provide continuous supervision, coordination and inspection of the work required under the contract. 9. LIQUIDATED DAMAGES Any agreements on liquidated damages and early completion incentives shall be between the member and the contract vendor and must be agreed upon in writing prior to start up. If the member declines a liquidate damages or early incentive agreement, the contract vendor shall obtain a written and signed statement to this effect. Mohave shall not be a party to liquidated damages or early completion incentive agreements. 10. MEMBER COSTS Temporary electrical service and the cost for power, the cost for water,: and other member costs shall be identified In writing and agreed upon. 11. PERFORMANCE AND PAYMENT BONDS 11.1. Issuing performance and payment bonds: Upon execution of a contract between a member and the contract vendor, performance and payment bonds shall be provided to the member as required in ARS § 34-222, 3+223, 28-6923, 41-2574; or 117-2-1103 (A, B, Cl 0), as applicable. The contract vendor agrees to notify the member in writing of this requirement before accepting any work orders. The contract vendor will supply Mohave with a copy of the bonds upon request. If the contract vendor fails to deliver any required performance or payment bond, the contract with Mohave may be cancelled. Members who elect to waive these bonds must Indicate their decision, In writing, to Mohave. For members who are required to obtain performance and payment bonds per the above requirements, contract vendor agrees to provide these bonds to the member. 11.2. Payment bond requirement: An irrevocable payment bond in an amount equal to 100%v of the price specified In the contract between the member and the contract vendor shall be executed by a surety company authorized to do business in Arizona. This bond will protect all persons supplying labor and material to the contract vendor for the performance of the work provided In the contract. 11.3. Performance bond requirement: An Irrevocable performance bond In an amount equal to 100% of the price specified In the contract between the member and the contract vendor shall be executed by a surety company authorized to do business In Arizona. 12. PROGRESS PAYMENTS 12.1. Progress Payments on Construction; 117-2-1105 allows for progress payments if the contract vendor agrees to adhere to ARS § 41-2577 (B) (D) (F) and as applicable in ARS § 34- 221. All progress payments must be Invoiced to the member; it Is the responsibility of the member to review and approve any estimates of work completed, If the member issues a written statement to the bidder that the estimate of work is not approved and certified, the member may withhold an amount from the progress payment the member reasonably expects to incur in ,correcting the deficiency set forth in the written finding, as permitted In 117-2-1105 (A). In such cases,, the bidder agrees toz hold Mohave harmless for any deficiency of payment. Progress payments may be: made to the contract vendor on the basis of a duly certified and approved estimate of work performed during the preceding month, The contract vendor must agree to pay any subcontractors or material suppliers within seven days of their receipt of the progress payment, unless otherwise agreed on In writing between the parties. 12.2. Schedule of payments: Once all bonds are in place, the contract vendor and the member will agree upon a schedule of payments based on identifiable milestones. If any payment Is delayed beyond 30 days from the due date, the bidder agrees not to charge Mohave interest on the late payment. Any late charges will be the total responsibility of the member. The bidder may extend any due date to avoid the requirement to pay interest In 117-2- 1105 (D) and ARS § 41-2577 (E) and as applicable In ARS § 34-221. Acceptance of final payment is a waiver of all claims except unsettled claims previously made In writing. 12.3. Subcontractor notification. A subcontractor to the prime contractor may request, in writing, that member notify the subcontractor in writing within five (5) days from payment of each progress payment made to the prime contractor [R7-2-1105 (C) and ARS § 41-2577 (C) and as applicable in ARS § 34-221]. Upon request, the prime contractor must provide Mohave or the members with a contact name, title, company name, mailing address and fax number for all subcontractors and suppliers that are covered by a payment bond. 13. PROJECT ADVERTISING The contract vendor must agree that the member reserves the right to release information about the project and that any advertising of the project by the contract vendor must be approved by the member. 14. PROJECT COMPLETION 14.1. Project documents: Upon completion of the work, the contract vendor shall present the member with all documents necessary to closeout the project. Maintenance manuals, drawings, warranties on installed equipment, etc,, shall be given to the member. 14.2. Unfinished work: Even if final payments are made, if the member discovers an unfinished job that should have been completed, the contract vendor shall complete the work In a timely fashion at no additional cost. 15. PUBLIIC WORKS 15.1. Preservation: The contract vendor shall be responsible for the preservation of all public and private property included on or adjacent to the worksite. This requirement shall apply to the surface and hidden features of the property. 15.2. Receipt of public funds: Contract vendors and subcontractors will meet the requirements of ARS § 34, Article 3, for eligibility to receive public funds. 15.3. Residency requirement: ARS § 3,1-302 states that only persons who have been for not less than one year a bona fide resident of Arizona shall be employed in the performance In any public work. A public works contract is defined in ARS § 31-321 as "a contract to Wtv leh the stag or a political subdivision is a party involving the employment ref laborers, workmen or rnechanics in the construction, alteration or repair ofl3ubkic buildings or improvements." It shall be the responsibility of the contract vendor to comply with these laws, when applicable. 15.4. Restoration: The contract vendor shall repair, rebuild or otherwise acceptably restore any property on or adjacent to the worksite that was damaged .during the course of work on the project. Such restoration shall be at the contract vendor's expense, and is not subject. to reimbursement by the member. 15.5. Rules, regulations and cosies: Construction work on public buildings shall be in compliance with the state bre code unless a fire code has been adopted by the city, town, county or fire district in which the building is located, Public buildings shall be constructed in compliance with applicable building, plumbing, electrical, fire prevention and mechanical codes adopted by the city, town, county or fire: district In which the building is located. If a public building is built in an area that has not adopted local codes, (lie building shall be designed or constructed according to the state fire cede adopted by the state fire marshal and the building, plumbing, electrical, fire prevention and mechanical codes that apply in the largest city In the county in which the building is located. Public buildings are subject to those codes that apply and are in effect when the building Is designed or constructed and to the currently ac:lopted cosies when a building is found to be structurally unsafe, without adequate egress, or a fire hazard or are otherwise dangerous to human life. "Public Building" means a building or appurtenance to a building that is built in whole or In part: with public rnonles (see ARS § 34- 461). 16. RETENTION 16.1. Retention requirement: Ten (10) percent of all contract payments shall be retained by the member as insurance of proper performance of the contract vendor. Contract vendor agrees to Identify the amount to be retained on Invoices to member for each progress payment. When flft-y (50) percent of the work is completed, one half of the arnount retained shall be paid to the contract vendor if the contract vendor requests payment and if the member is satisfied with the progress of the work. After the work is fifty (50) percent completed, no more than five percent of the amount of any subsequent progress payments shall be retained, unless the governing board of the member determines satisfactory progress is not being made, at which point ten percent retention shall be reinstated, 16.2. Substitute security: If the member and the contract vendor agree to a substitute security, the agreement must be: in full compliance with R7-2-1104 (l), E, F, G), or 41-2V6 as applicable to the purchasing member. If a substitute security is agreed to, the contract vendor must provide Mohave and the member with a signed and acknowledged waiver of any right or power of the obligor to set off any claim against Mohave, or the member in reladonshlp to the security assigned. 17. RULES, REGLILATIONS AND CODES 17.1. Certification of personnel regarding renovations, repair, and painting: Personnel performing renovations, repair, and painting activities that disturb lead-based paint in target housing and child -occupied faciiities constructed before 1978,,shall comply with Part II, Environmental Protection Agency, 40 CFR Part 745, Lead; Renovation, Repair, and Painting program; Lead Hazard Information Pamphlet (litti): www.el?a. ov ). 17.2. Compliance: All work will be accomplished In conformance to OSHA safety requirements, and any additional federal, state, or local fire or safety requirement. When specifications or scope of work will result Irl a violation of a code or result In an unsafe condition, the contract vendor must Inform the member of the situation. The contract vendor will, not construct any device or produce any condition that intentionally violates a fire or safety code or safety standard. 17.3. Hazard notification: Contract vendor must advise member whenever work is expected to be hazardous. 17.4. Liens/serial numbers: All materials shall be free of liens. Bids must be for equipment on which the original manufacturer's serial number has not been altered in any way. 18. SUITS FOR NONPAYMENT OR NONPERFORMANCE All suits for nonpayment or nonperformance shall be flied as allowed In R7-2-1103 (F). 19.Sl1RETY COMPANIES Surety company requirements: Surety companies issuing bid bonds, performance 'bonds and/or payment bonds under this contract must be licensed by the Arizona Department of Insurance. Evidence of such license will be the name of the surety company on this monthly surety listing provided by the Corporate and Financial Affairs Division of the Arizona Department of Insurance (www.ld.state.az. us), 20. WARRANTY/ MAINTENANCE CONTRACTS 20.1. Extended warranties/ service contracts: The contract vendor or a manufacturer may offer extended warranties available at: extra cost for members that agree to a maintenance contract. The maintenance contract shall be offered as a separate line item. Upon request, training must be offered by the contract vendor for the maintenance staff of the member and Will be arranged before installation as part of the purchase contract. This training shall be priced per contract pricing. 20.2. Warranty work: The contract vendor shall perform all warranty work and remain available to the member should continued service be required after warranty obligations are met. 21. WORKSITE 21.1. Site access: The member shall provide an all-weather road to the site and prepare the site with room for construction equipment. 21.2. Site conditions: The condition of the site before start up shall be agreed upon between the member and the contract vendor and shall be written into the contract. 21.3. Stored Materials: Upon prior written agreement between the contract vendor and member, payment may be made for materials not incorporated in the work but delivered and suitably stored at the site or some other location, for installation at a later (late. An inventory of the stored materials shall be provided to member prior to payment Such materials shall be stored and protected In a secure location, and be insured for their full value by the contract vendor against loss and damage. Contract vendor agrees to provide proof of coverage and/or addition of member as an additional insured upon member's request. Additionally, if stored offsite, the materials shall also be clearly identified as property of member and be separated from other materials. Member shall be allowed reasonable opportunity to Inspect and take inventory of stored materials, on or offsite, as necessary. General Terms and Conditions and Standard Terms and Conditions for Construction Acceptance Form Signature on Page 53 certifies complete acceptance ref the General Terms and Corrdltions and the Standard Terms and Conditions for Construction in this sollotation, except as noted below (additlonal pages may be attached, if necessary). Check one of the following responses to the General Terms and the Standard Terms and Conditions for Construction: �X We take no exceptions/deviations to the General Terms and Conditions and the Standard Terms and Conditions for Construction. (Note: If nothing is listed below, It is understood that no exceptionsAdevlatlons are taken) [� We take the following exceptions/deviations to the General Terms and Conditions and the Standard Terms and Conditions for ConsrrLGction. All exceptions/deviations. shall be clearly explained, Reference the corresponding general terms and conditions and/or Standard Terms and Conditions for Construction that you are taking exceptions/deviations to, Clearly state if you are adding additional terms and conditions to the General Terrns and Conditions and the Standard Terms and Conditions for Construction. Provide details on your exceptions/deviations below: (Nate: All requested exceptions/devlations must be clearly explalned, Reference the specific terms and conditions that you are taking exception.0evladons to, detail any proposed substitute terms and conditions, and clearly demonstrate how Moha ve and Its membership will be better served by the substituted terins and conditions. Unacceptable exceptions1devfadons shall remove your bid from consideration for award. Mohave shall be the sole jijdye on the acceptance of exce,atlons and Nolrave s decision shall be final.) I SDecial Terms and Conditions 1 The following Special Terms and Conditions are In addition to the applicable General Terms and Conditions and Standard Terms and Conditions for Construction that appear on pages 33-51 Please review them and complete the Special Terms and Conditions Acceptance Form (page 32). 1. DELIVERY 1.1. Default in one installment to constitute total breach: Contract vendor shall deliver conforming materials In each installment or lot under this contract and may not substitute nonconforming materials. Mohave reserves the right to .declare a breach of contract If contract vendor delivers nonconforming materials to any member under this contract. 1.2. Defective goads: Contract vendor' agrees to pay for return shipment of goods that arrive in a defective. or non-operable condition. Contract vendor shall arrange for return shipment of damaged or defective goods. 1.3. Delivery time, Failure to deliver any order within the time frame specified on the purchase order may result in cancellation of that purchase order: 1.4. Improper delivery: If the goods or tender of delivery fall in any respect to conform to this contract, member may reject the whole, accept the whole, or accept any commercial unit. or units and reject the rest. I.S. Restocking fees: A restocking fee may only be charged on products ordered and delivered to member's site, restocking fees In excess of fifteen percent (15%) shall not be allowed. Contract vendor may waive restocking fees. Shipping charges on returns must be identified. Restocking and return shipping charges shall be identified on the price workbook. 2. FORM OF CONTRACT 2.1. Contract vendor contract documents: Mohave will review prospective contract vendor contract documents. Contract vendor's contract documents shall not become part of Mohave's contract with contract vendor unless, and until, an authorized representative of Mohave reviews and approves them. If a firm submitting a bid requires member to sign an additional agreement, a copy of the proposed agreement shall be included with the bid. 2.2. Form of contract: The form of contract for this solicitation shall be the Invitation For Bid, the awarded bid(s), and properly issued member purchase orders referencing the requirements of the Invitation For Bid, 2.3. Parol evidence: The contract represents the final written expression of agreement. All agreements are contained herein and no other agreements or representations that materially alter it are acceptable: 3. INSTALLATION Installation shall be scheduled directly with the member and be done in a reasonable amount of time. Installation shall be in accordance with the manufacturer's Instructions and shall be accomplished by skilled and properly licensed individuals. 4. INSURANCE 4.1. Liability insurance: Prior to commencing services under this contract, contract vendor shall procure and maintain during the life of this agreement, comprehensive public Ilabllity insurance, to include automobile liability, providing limits of an aggregate amount of not less than $2,000,000. Evidence of the required Insurance shall be provided by means of a current certificate of insurance with the coverage as stated above, with your bid. Before any orders are processed under an awarded contract, contract vendor shall provide a certificate that names Mohave as the certificate holder. Place after Tab 2b. In addition, contract vendor must be willing to provide, upon request, identical certification of Insurance to any member using this contract. 4.2. Subcontractor insurance: Prior to commencing any work, any Subcontractor shall procure and maintain at its own expense until final acceptance of the work, insurance coverage in a form and from insurers acceptable to the prime contractor. All subcontractors will provide workers` compensation Insurance, which waives all subrogation rights against the prime contractor and member. 4.3. Workers' compensation insurance: Contract vendor shall also procure and maintain during the life of this agreement, workers' compensation Insurance for all of contract vendor's employees engaged in work under the contract. All workers' compensation insurance will be in compliance with state statute and evidenced by a certificate of insurance. S. MAINTENANCE- FACILITIES AND -SUP It is preferred that each contract vendor should have maintenance facilities and a maintenance support system available for servicing products throughout Arizona, or the regions specified in their offer. If a third party is used to provide maintenance or warranty work, bidder must include details of any such arrangement: In the bid, Trained and qualified technicians shall be available to cover all parts of the starve, or specific regions within the state for regional.offers. It is preferred that maintenance services are available within 24 hours: Maintenance facilities must have sufficient parts Inventory to provide quality service on products sold to members, 6. MANUFACTURER SUPPORT Bidders submitting bids as a manufacturer's representative must be able, if requested by Mohave, to supplement the bid with a letter from the manufacturer certifying that bidder is a bona fide dealer for the equipment offered, that bidder is authorized to submit a bid on such equipment, and which guarantees that should bidder fail to satisfactorily fulfill any obligations established as a result of the award of contract, the manufacturer will either assume and discharge such obligations or provide for their competent assumption by one or more bona fide dealers for the balance of the contract period. MEMBER AGREEMENTS Some members may request the addition of specific requirements that would apply to products and services purchased under an awarded contract. 'These additional requirements shall be addressed through the use of an additional member agreement. In any agreement between the contract vendor and a member based on this contract; the terms and conditions of this contract shall prevail, Contract vendor and member must agree to all provisions in any additional agreements, If agreement requirements result: in additional costs to the contract vendor, the contract vendor shall be entitled to direct reimbursement for these costs, in addition and separate from approved contract pricing. A copy of the additional member agreement shall accompany the member purchase order. S. BID ACCEPTANCE PERIOD A bid submitted in response to this solicitation shall be valid and irrevocable for one hundred twenty (120) days after opening time and date. 9. OVERVIEW 9.1. Bidder qualifications; It is preferred that the bidder has extensive knowledge and at least three (3) years experience with the products and services offered. Mohave reserves the right to accept or reject newly -formed companies solely based on information provided In the bid and/or its own investigation of the company. 9.2. Bid Bond. Bidder shall provide an original bid bond or alternate bid security In the amount of $100,000. Place afiFer Tab if Note: Bid security as a percentage of the bid value (e.g. — 10% of contract award) is not acceptable, 93. Banding Capacity. The required minimum single job bonding capacity for this contract shall be $750,000. Provide a letter from your bonding agency describing your current bonding capacity (single and aggregate leveds) and how much bonding capacity will be available For this contract. An agent of your licensed bonding agency shall sign the letter. If the original letter Is not signed and/or has conflicting information, it shall render your bid nonresponsive. Pace tetter frnrn banding agency atter Ta61f. 9.4. Order cycle overview: 1, Member forwards purchase orders to Mohave that lists the contract number. Vendor listed on the purchase order is contract vendor, 2. Mohave reviews and emails member order with "AIE5C Reviewed' stamp, to contract vendor and member. 3. Contract vendor provides product/services. 4.Contract vendor invoices member. S.Member pays contract vendor. 6.Contract vendor sends monthly Reconciliation Report to Mohave. 7.Contract vendor remits administration fee monthly, based on invoices paid. 8.Mohave audits selected purchases. 10. PRICING, 10.1.Administration fee: Mohave's 1% administration fee shall be included in bidder's contract price. Contract vendor shall not add the administration Fee to approved contract prices. The value of trade-ins or rebates shall not affect the amount of administration fee paid to Mohave. 10.2. Application of pricing: In Mohave's purchase order review process, the date Mohave receives a member purchase order or the date of a valid contract vendor`s quote will generally be used to determine the contract pricing that Is in effect for that order. The date Mohave receives a member purchase order will only be used to determine the contract pricing that is in effect for an order when a contract vendor's quote does not exist or Is Invalid, However, other factors may apply. 10.3. Basis for pricing: Contract pricing under this IFB must be based upon: 1. Percent of discount(s) off manufacturer's price list($) or catalog(s); 2. Firm fixed price with economic adjustment (contingencies for economic price adjustments must be identified in the bid); or 3. A combination of the above. 10.4. Catalogs/price lists: A copy of the latest edition of the price list or catalog to which discount shall be applied shall be included with bid. Include a copy of the latest edition of all applicable price lists or catalogs to which discount shall be applied with your bid, Submission of outdated price lists or catalogs may result in rejection of bid. 10.5, Combination pricing: Bids for combination contracts shall clearly Identify items covered by discount(s) and those with fixed prices. Prices for such contracts shall be adjusted as Identified for the appropriate contract type above. 10.6. Decimal places: Pricing shall use a maximum of three (3) decimal places, unless specified otherwise. 10.7. Discounts: Discounts must clearly identify the percent of discount to apply to the price list. If multiple discounts apply, bidder shall clearly Indicate the discounts and applicable materials or services. Bidder shall agree that there will be no reduction In discount(s) during the term of contract. 10.8. Effect of price: No contract shall be awarded solely on the basis of price. 10.9. Established catalog price: The price Included in a catalog, price list, schedule or other form that: . Is regularly maintained by a manufacturer, distributor or contractor. Is either published or otherwise available for inspection by customers. • States prices at which sales are currently or were last made to a significant number of any category of buyers or buyers constituting the general buying public for the materials or services Involved. Established catalog price Is referred to as manufacturer's price list, price list, or catalogs throughout' this solicitation. 10.10. Fixed prices: Fixed price bids shall include prices for any and all Items. Fixed prices shall be firm until each anniversary date of the contract, unless there is an occurrence of one or more allowable economic price adjustment contingencies outlined In the bid. If allowable price adjustment contingencies occur, contract Vendor may submit a fully documented request for price adjustment to Mohave. The documentation must substantiate that any requested price increase was clearly unpredictable at the time of bid submittal and results from an increased cost to contract vendor that was out of contract vendor's control. 10.11. Fixed price review: Mohave will review requests for fixed price adjustments to determine if the new, prices or another option Is in the members' best interests. New fixed prices shall apply to the contract upon approval from Mohave. Price changes shall be a factor in contract renewal. 10.12. Market basket: If bidder is providing an alternative product in the Market Basket, bidder must provide specifications for those products. White papers are not speclflcatlons and ,are not acceptable. 10.13. New catalogs/price lists: New price lists, workbooks and/or catalogs may be submitted for review throughout the term of the contract, Mohave will review new price lists, workbooks and/or catalogs to determine if the new prices or an alternative option Is in the members' best interests. New price Ilsts, workbooks and/or catalogs shall apply to the contract only upon approval from Mohave. New price lists, workbooks and/or catalogs Found to be non-competitive at any time during the contract will be grounds for terminating the contract. 10.14. Overcharges by antitrust violations: Mohave maintains that overcharges resulting from antitrust violations are borne by the purchaser. Therefore, to the extent permitted by law, contract vendor assigns to member any and all claims for such overcharges as to the goods or services used to fulfill the contract. 10.15. Percent of discount as fixed price: Percent of discount bids that are not based upon published price lists;.or catalogs will be administered as fixed price contracts. 10.16. iPrice reduction and adjustment: Price reduction may be offered at any time during a contract and shall become effective upon notice of acceptance from Mohave. Special time- limited reductions are permissible under the following conditions: 1) reduction is available to all members equally, 2) reduction is for a specific time period, normally not less than 30 days; 3) original price is not exceeded after the time -limit; and 4) Mohave has approved the new prices prior to any offer of the prices to a member. 10.27. Price workbook: All bidders must complete the 15E-0324 Painting Pricing Workbook titled "15E Painting WB.xis". Provide a CD, USB, or similar electronic media device with the completed workbook In your response. Paper copies: of the workbook are required. Failure to complete and submit the 15E-0324 Painting Pricing Workbook shall render your bid nonresponsive. Place after Tab 3a: If awarded a contract, all future pricing updates shall be based on the electronic workbook, or similar approved format. 10.18. Reimbursement for transportation, mileage, lodging, meals and incidental expenses (MW E): Contract vendor may charge for transportation, mileage, lodging and MWE costs for employees that are required to travel to perform services at member site under this contract.. An overnight stay is required for lodging reimbursement; Mileage reimbursement shall be at a specified rate. Transportation charges are separate from mileage, and may include airfare, car rental, etc. Reimbursements under this section shall not exceed the rates listed in approved pricing, and may not exceed the actual charge. To be eligible for reimbursement, estimated, charges must be on the quote and approved by the member, Receipts for such reimbursements must be provided upon request from the member. 10.19. Travel time, mobilization, or trip charges: Contract vendor may charge for travel time; mobilization, or trip charges under this contract. Travel time Is a labor rate charged for time in transit to and from a job site, per person. Travel time may be used with mileage reimbursement, but shall be listed separately. Travel time charges are only applicable for out of area employees working in Arizona under this contract. Mobilization or trip charges are charges for the movement of equipment to the jobsite. Charges under this section shall not exceed the rates listed in approved pricing. Such charges must be on the quote and approved by the member. 10.20. Special pricing offers; Special pricing offers (e.g., volume discounts) must apply to all Mohave orders of similar size and scope. Special pricing limited to a :single member Is not acceptable. Mohave must approve special pricing before it is offered to any member. 11. SAMPLES 11.1. Sample evaluation: Samples will be compared to bid specifications and evaluated as to materials used In construction, quality and workmanship, durability, adaptability to the use for which the items were intended, and overall appearance. 11.2. Sample requirements, Samples may be required prior to awarding a contract. Bidder shall provide adequate samples and detailed specifications for any item offered. Samples must be submitted within ten (10) days of request from Mohave. 11.3. Sample submittals: Samples shall be free of charge and submitted and removed by bidder at bidder's expense. Award samples may be. held for comparison with deliveries. Mohave shall not be held responsible for samples damaged or destroyed in examination or testing. Samples not removed within thirty (30) days after notice to bidder will be considered abandoned, and Mohave shall have the right to dispose of them, 12. S1TE REQUIREMENTS 12.1. Cleanup: Contract vendor shall clean up and remove all debris resulting from their work as required or directed by member. Upon completion of the work, the premises shall be left in good repair and unobstructed condition. 12.2. Contract vendor employee fingerprinting: Contract vendor and Its employees or subcontractors working under an awarded contract who are required to provide services on a regular basis at an individual school, shall obtain and present a valid Department of Public Safety fingerprint clearance card in accordance with ARS § 15-512 (H). The fingerprint card shall be Issued pursuant to Title 41, Chapter 12, Article 3.1. Charges for such fingerprint checks will be the responsibility of the contract vendor, subcontractor or individual employee as determined by the member, An exception to this requirement may be authorized in member's Governing Hoard policy, for persons who, "as part of the normal ebb duties of the persons, are not likely to have independvnt access to or unsupervised contact wlth pupils.,, Contract vendor and its employees or subcontractors shall not provide services on school district property until so authorized by the school district. Additionally, contract vendor shall comply with applicable governing board fingerprinting policy(ies) at the school district where services are provided. 12.3. Onsite Contract Vendor Responsibilities; The contract vendor is responsible for ensuring that all onsite work performed under this contract meets or exceeds the OSHA standards, and is responsible for ensuring safe work performance of employees and subcontract vendors. Contract vendor and Its employees or subcontractors shall report accidents and incidents immediately to the member's responsible staff or its administration. The contract vendor is responsible for providing and obtaining appropriate medical and emergency assistance and notifying fire and law enforcement agencies, when necessary. Except for rescue and emergency measures, the scene of the accident or incident shall not be disturbed; and the operation shall not resume until authorized by the member's responsible staff or administration. The contract vendor must assist and cooperate fully with the Investigation of the accident/incident and ensure availabillty of all Information, personnel and data pertinent to the Investigation. For preemptive purposes, contract vendor and its employees or subcontractors shall Immediately report to the member's responsible staff or administration all areas of concern that could potentially lead to accident or injury. 12.4. Preparation„ Contract vendor shall not begin a project For which member has not prepared the site. Slte preparation includes, but Is not limited to: moving furniture, installing wiring for networks or power, and similar pre -Installation requirements. 12.5. Registered sex offender restrictions: For work to be performed at an Arizona school, contract vendor agrees that no employee or employee of a subcontractor who has been adjudicated to be a registered sex offender will perform work at any time when students are or are reasonably expected to be present. Contract vendor agrees that a violation of this condition shall be considered a material breach and may result in the cancellation of the purchase order at the member's discretion. 12.6. Safety measures: Contract vendor shall take all reasonable precautions For safety on the worksite, and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Contract vendor shall post yarning signs against all hazards created by its operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers, general public, and existing structures from Injury or damage. 12.7. Smoking: Persons working under the contract shall adhere to local smoking policies. Smoking will only be permitted in posted areas or off premises. 12.8. Stored materials; Upon prior written agreement between the contract vendor and member, payment may be made for materials not incorporated in the work but dellvered and suitably stored at the site or some other location, for installation at a later date, An inventory of the stored materials must be provided to member prior to payment. Such materials must be stored and protected in a secure location, and be Insured for their full vaiue by the contract vendor against loss and damage. Additionally, if stored offsite, the materials must also be clearly identified as property of member and be separated from other materials. Member must be allowed reasonable opportunity to inspect and take inventory of stored materials, on or offsite, as necessary. Until final acceptance by the member, it shall be die contract vendor's responsibility to protect all materials and equipment. The contract vendor warrants and guarantees that title for all work, materials and equipment shall pass to the member upon final acceptance. Payment for stared materials shall not constttute final acceptance or such materials. 13. SUBCONTRACTORS 13.1.Awarding subcontracts: Bidder agrees that any subcontract competitively solicited by contract vendor will not be awarded solely upon membership or non -membership in a union or professional association. 13.2. Entering subcontracts: Subcontracts shall incorporate by reference the terms and conditions of the Mohave contract. 13.3. Prime contractor: Contract vendor will be considered a prime contractor and not a subcontractor. Neither Mohave nor the member will establish a contractual relationship with subcontractors. 13.4.Subcontracts: No subcontracts shall be entered Into with any unlicensed party. Contract vendor must use subcontractors openly, include such arrangements in the bid, and certify upon request that such use complies with the current rules of the Arizona Registrar of Contractors and the Procurement Code. No subcontracting costs may be hidden in a cost bid to member. 13.5. Subcontractor payment: Contract vendor agrees to pay subcontractors within seven days after receipt of payment from member, as required in Arizona procurement rules and code. If contract vendor receives any Interest monies for delay of payment from member, contract vendor will pay subcontractor the correct proportion of Interest paid. Complaints by subcontractor may be resolved as described In Arizona procurement rules and code. Fallure to pay subcontractor for work faithfully performed and properly invoiced may result in the suspension or cancellation of this contract. 13.6. Use of subcontractors: Labor used to perform work under the contract shall permit the work to be carried on harmoniously and without delay, and that will not cause any disturbance, Interference or delay to the progress of the project (e.g. engaging in strike, work stoppage, picketing, ceasing work due to a labor dispute). Subcontractor shall not employ anyone whose employment may be objected to by prime contractor, member or Mohave, 14JERM OF CONTRACT AND EXTENSXON 14.1. Contract period: It is Mohave's intent to award a multi -term contract for the specified materials, equipment and services. The initial contract term shall be for one (1) calendar year from the effective date of contract award. By mutual written agreement between Mohave and contract vendor, the contract may be extended for up to four (9) consecutive additional 12 - month periods, beginningg immediately after expiration of the prior term. However, no contract extension exists unless and until contract vendor is so notified by Mohave. 14.2. Contract extension: Conditions for contract extension may include; but are not limited to: contract usage, satisfactory performance of services during the preceding contract term, ability to continue to provide satisfactory services, continued adherence to the contract requirements, and continued competitive prices for the materials and services provided under the contract. 14.3. Month-to-month extensions: Mohave reserves the right to offer month-to-month extensions if that is determined to be in the best interests of members. 15. WARRANTYIQUALITY+GUARANTEE 15.1. Fitness: Contract vendor warrants that any equipment or material supplied to Mohave or Its members shall fully conform to all requirements of the contract, all representations of contract vendor, and shall be fit for all purposes and uses required by the contract. 15.2. Inspection: The warranties set forth In this section shall not be affected by inspection or testing of, or payment for the equipment or materials to contract vendor by member. 15.3.Quality: Unless otherwise specified, contract vendor warrants that for one (1) year after acceptance of the equipment or materials by member, they shall be, o Of a qualityko pass without objection In the industry or trade normally associated with them; • Fit for the intended purpose(s) for which they are used; • Of even kind, quantity and quality within each unit and, among all units, within the variations permitted by the contract; • Adequately contained, packaged and marked as the contract may require; and • Conform to the written promises,or affirmations of fact made by contract vendor. 15.4. Warranty requirements: Contract vendor warrants that all equipment, materials, and services delivered under this contract shall conform to the specifications. Unless stated otherwise, all equipment shall carry a minimum 12-month manufacturer's warranty that includes parts and labor. Contract vendor agrees to help member reach resolution in a dispute with the manufacturer over warranty terms. Any extended manufacturer's warranty shall be passed on to member without exception, Mohave reserves the right to cancel the contract if contract vendor charges member for a replacement part that the contract vendor received at no cost under a warranty, Special Terms and Conditions Acceptance Form Signature on page 53 certifies complete acceptance of the Special Terms and Condltions in this solicitation, except as noted below (additional pages may be attached, if necessary). Check one of the following responses to the Special Terms and Conditions. c + 1 We take: no exceptions/ deviations to the Special Terms and Conditions. (Note., If nothing Is listed below, it understood that no exception.Ideviations are taken.) p We take the following exceptions/deviations to the Special Terms and Conditions. All exceptions/ deviations shall be clearly explained. Reference the corresponding Special Terms and Conditions that you are taking exceptions/deviations to. Clearly state if you are adding additional terms and conditions to the Special Terms and Conditions. Provide details on your exceptions/deviations below: (Note: AN requested exceptions/deviations must be clearly explained ,deference the specific- special pecific special terms and conditions that you are taking exceptions/deviations to, detall any proposed substitute special terms and conditions, and clearly demonstrate how Mohave and its membership will be better served by the substituted special terms and condiNons. Unacceptable exceptionsldevlations shall remove your bid from consideratlon for award Mohave shall be the sole judge on the acceptance of exceptions and MohavOdecision shall be final;) Scope of Work/Services t. DESCRIPTION In order to gain economies of scale, Mohave is formally soliciting statewide sources of exterior/interior painting and other coating applications, as specified within this Invitation For Bid. These products/services are requested for Mohave's membership of over 430 public agencies. Contracts, in whole or in part, shall be awarded to bidder, or bidders, for an initial one (1) year term and four (4) consecutive one-year extension options. The scope of work/services and minimum specifications define the quality and characteristics of the desired materials and application. They are based upon specifications for known acceptable manufacturers, processes, materials and/or brands such as Benjamin Moore, Dunn Edwards, Frazee, Rainguard Sherwin-Williams, and/or equal quality products. Specifications are not intended to be exclusive or to restrict competition. Bidders may offer alternate solutions, including alternate manufacturers, which meet the quality and performance characteristics In the specifications. Mohave shall review such bids and be the final judge on the acceptance of any alternate solutions. One contract vendor held Mohave's recently expired contract for the specified products and services. Activity under the contract from 7/1/13 through 6/30/14 was $1,823,970, and activity through the end of the contract term was $695,492. This information is provided as an aid to contract vendors in preparing bids only. It is not to be considered a guarantee of volume under an awarded contract. The discount and pricing schedule shall apply regardless of the volume of business under the contract. 2. ESTIMATED TIMELINE OF EVENTS Mohave has developed the following estimated timeline of events related to this formal solicitation. All dates are subject to change as required and at the sole discretion of Mohave. EVENT flaMaIED DA Invitation for Bids Issued Februa 24 2015 Pre-bid Conference Held March 10, 2015, 10:30 a.m. (local AZ time) Audio Only Pre-bid conference will be held utilizing WebEx telephone conferencing. Please contact Mohave for reservation details, Deadline for uestions March 17 2015 at 05:00 p.m. local AZ time Published IFB Due Date and Time March 24, 2015 at 3:00 p.m. (local AZ time) 625 East Beale Street Kingman, AZ 86401 Public Opening of Bids March 24, 2015 at 3:00 p.m. local AZ time Notice of Intent to Award est/mated date on/ April 17, 2015 Execution of Contracts estimated date and Aril 17 2015 3. SUBMISSION OF BIDS 3.1. Bids should provide straightforward, concise Information that satisfies the requirements. Expensive bindings and/or color displays are not necessary. Emphasis should be placed on conformity to the specifications and terms and conditions, as well as the completeness and clarity of the submittal content. 3.2. The bidder must submit a bid following information detailed in the IFS Instructlons to Bidder and Checklist. 4. CONTRACT TYPE The term contract shall be a percent of discount off manufacturer's price list or catalog, fixed price, or a combination of both with indefinite quantities. S. AWARD CRITERIA The award criteria for this solicitation are as follows: Award(s) shall be made to the lowest responsive and responsible bidder(s) whose bids) conform in all material respects to the requirements and evaluation criteria below: 1) Pricing Information: Discount summary, electronic workbook and/or pricing documents, mobilization and travel charges, pricing methodology, bond methodology; 2) Offer and Acceptance, Terms and Conditions, Scope of Work/Services and Specification Documents: Offer and Acceptance, amendments (if any), acceptance of General and Special Terms and Conditions, Standard Terms and Conditions for Construction, Scope of Work/Services, Specifications with exceptions/deviations noted, bid bond/alternate security, bonding capacity; 3) Required Information: Complete response to the Method of Approach and Qualification and Experience pages, references: (past performance Information), certificate of insurance; company financials; 4) Primary Contract Documents; Completed primary contract documents, support and maintenance information, sample.supplemental agreements; 5) Additional Information: Checklist form, descriptive literature and supporting printed data. References and definitions used for specifications and in the solicitation: (acronyms used in the solicitation are noted in bold font below)* IF American National Standards Institute (ANSI): www.ansLorg • American Society of Testing Materials (ASTM): www. astm.org • International Code Council (ICC): www.lccsafe,org • Leadership in Energy and Environmental Design (LEED): http://www.usgbc.org/leed • National Fire Protection Association (NEPA): www.nfpa.org Specifications SPECIFICATIONS Compliance with specifications: The fact that a manufacturer, supplier or bidder chooses not to produce or supply equipment, supplies and/or services to meet the specifications will not be considered sufficient cause to adjudge the specifications as restrictive. Bidders shall offer equipment, supplies, and/or services they believe come closest to meeting specifications. Deviations from specifications: Bidders will respond to each numbered specification by checking the appropriate "Comply" or "Deviate" box. "No Bid" items shall be marked as such in the appropriate "Deviate" box. Your exceptions/deviations must be clearly explained. Reference the specification that you are taking exceptions/deviations to, detail any proposed substitute language, and clearly demonstrate how Mohave and Its membership will be better served by the language. Unacceptable exceptions/deviations shall remove your bid from consideration for award. Mohave shall be the sole judge on the acceptance of exceptions and Mohave's decision shall be final. Details for exceptions/deviations will be listed by specification number on the Scope of Worklserwlces and .Specification Acceptance form. Partial bids. Mohave will consider partial bids for award of a contract. Mohave will be the sole judge of products/services offered, and Mohave's decision shall be final. Purpose of specifications: Specifications are designed to enable bidder to satisfy a requirement for a product, material, process, or service. A specification may be expressed as a standard, part of a standard, or independent of a standard. No specification Is intended to limit competition by eliminating items capable of satisfactorily meeting the requirements of the procurement. If bidder believes a specification is unnecessarily restrictive, bidder must indicate such In its bid. Use of brand names: Brand names, trade names, model numbers, and/or catalog numbers are used to describe the standard of quality, performance, and other characteristics needed to meet member requirements, Use of the name of a manufacturer, brand, make or catalog number is not intended to limit or restrict competition, nor does it restrict bidder from the submission of equivalent brands. However, Mohave reserves the right to decide whether alternatives to the identified manufacturer and brand are equal to the materials and equipment described in the solicitation. Mohave will be the sole judge on the question of equal quality, and Mohave's decision shall be final. Re uirement Com l Deviate* 1.1 General Re uirements 1.1..01 Contract vendor or subcontractors shall use trained and qualified X staff for all services offered.. 1.1.02 Work to be performed by the member shall be clearly defined and X documented on the quote, e.g. furniture removal, removal of doors and hardware before painting. Contract vendor shall not assume the member knows what steps are required prior to start of the F project. - 1.1.03 Prior to the start of the project, the contract vendor shall visit the X job site to verify the areas of work, dimensions and special conditions. 1.1.04 A Technical Data Sheet and/or Safety Data Sheet for each X product applied shall be pLavided to the member upon request. 1.1..05 Any additional costs for temporary electrical and water service shall X be identified for the member.. 1.1.06 Contract vendor shall cooperate with any architect, engineer, X general contractor, subcontractor, or other vendors workingon the same project, as necessary and as directed the member. X 1.1.07 If the member uses the building space at the time of the contract !:'� X vendor's work, the contract vendor shall agree to obtain written I approval from the member prior to the interruption of a classroom or program. 1.1.08 Contract vendor shall promptly notify member if the contract vendor X finds discrepancies in, or remissions from, plans, drawings, !:'� specifications and/or any other documents. For the project Member i' shall Issue written instructions upon such notification. Member shall not be held responsible for any oral instructions or information. 1. 1.09 Where applicable, all work shall be accomplished in a manner to X match adjacent existing work In the same area. 1.2 Standards Compliance and Safe Re uirements 1.2.01 Contract vendor shall comply with all current applicable ANSI and X ASTM requirements,. provisions and standards. 1.2,02 All projects shall be accomplished In conformance with current X applicable federal, state and location requirements. 1.2,03 When any aspect of the painting application Is not covered by a ; X building code or standard, current manufacturer's instructions shall be used, 1.2.04 Vandalism after contract vendor has left the worksite shall be the X responsibility of member, unless the vandals used materials left unsecured by contract vendor. i. 1.2,05 Contract vendor shall provide and hang "wet paint" signs In all area X where paint crews are operating, sufficient In number and size as to be seen from all approaches, 1.2.06 Contract vendor shall advise member whenever work is expected to J1JF_. X be hazardous. V1 1207 Removal of hazardous materials, such as lead paint, or abatement of A, X molt Is not allowed under an awarded contract. 1.3 Preparatog Work Requirements 1.3.01 Contract vendor agrees to handle and apply all products according X to the Instruction of the manufacturer, If .arty specifications below are at variance with those given by the manufacturer, manufacturer's recommendation shall be followed. If no specific preparation is recommended by the manufacturer, the following specifications shall be observed: All surfaces Including, but not be limited to; drywall, wood, various metals, masonry surfaces, previously painted surfaces, concrete floors, exterior wood, wood and. metal doors shall be cured, clean, dry and free from contamination that would interfere with the new coating adhesion. If any surface can't be properly prepared, the surface shall be stripped and completely refinished, at the direction of the member. 1.3.02 Cracks, nail holes or any Imperfections shall be filled with _X _ appropriate compound(s) and/or fillers required for surface type to be painted, Compounds or filler shall be finished per manufacturer's recommendation and to match existing textures. 1.3.03 Surfaces may be tested for lead, asbestos, or other hazardous X materials by the request of the member. 1.3.04 Before painting, contract vendor shall remove hardware accessories, X plates, lighting fixtures, screens, room numbers, louvers and all '�', items that would. be at risk during the painting process, The area shall be masked and protected for.area not being painted. General Requirements 1,3.05 On completion of each area painted, contract vendor shall replace X X hardware accessories and remove masking. if a sign or door caked, livered, curdled, thickened, skinned, nor badly settled In number was painted on the original wall, the room number or sign paddle to a good brushing consistency. It shall not body or thicken, shall be replaced as existing, unless otherwise authorized. cake, liver, curdle or skin when full, unopened containers are stored 1.3.06 Exterior finish shall not be applied in damp, rainy weather or untiP for six (6) months under warehouse conditions. All latex -based X the surface has dried thoroughly from the effects of such weather, 4 1.4.02 Paints and coatings shall be high quality, durable, long lasting paints Unless manufacturer specifications for a particular brand of finish with high hide to reduce the number of coats required for proper states otherwise, applications shall not be made in temperatures coverage and washable. below 50°F or when temperatures may fall below 50°F. X and leveling. 1.4 Exterior/Interior Painting and other Coating Application — General Requirements 1.4.01 Paint shall be well mixed and ground (homogenized). It shall not be X caked, livered, curdled, thickened, skinned, nor badly settled In container to such a degree that it cannot be dispersed easlly with a paddle to a good brushing consistency. It shall not body or thicken, cake, liver, curdle or skin when full, unopened containers are stored for six (6) months under warehouse conditions. All latex -based paints shallcontain "freeze/thaw" cycle characteristics. 1.4.02 Paints and coatings shall be high quality, durable, long lasting paints X with high hide to reduce the number of coats required for proper coverage and washable. 1.4.03 Paint shall have application properties for easy brushing, spreading, X and leveling. 1.4.04 Paint shall be applied by method best required by project surface, X (e.g. spray, brush or roller), unless a specific application method has been r uested try member. 1.4.05 Products shall be applied per the manufacturer's instructions using a X high quality natural or synthetic brush, roller, or spray equipment. Sealants, fillers; and special compounds shall be applied in the fashion recommended by manufacturer. ' 1.4.06 Each coat shall be applied with the proper consistency and be free X from brush marks, sags, runs, peeling, with no evidence of poor workmanship. Paint shall not overlap on windows, hardware or adjacent surfaces. Paint shall not seal a window so that windows and doors operate In a free fashion. Any glass scratched or damaged by contract vendor's work shall be replaced with the same quality and design at no additional cost to member. 1.4.07 Unless otherwise specified, the jamb and head of doorframes shall X be painted the same as the door, 1,4.08 Contract vendor shall avoid paint splatter or injury to adjacent X surfaces or areas. Drop cloths shall be used to protect furniture, flooring and surfaces. Any damage done including, but not be limited to; any surface, sprinkler systems or landscaping shall be restored by contract vendor at no cost to member. 1.4.09 Contract vendor shall comply with manufacturer's recommended X specified drying time between coats. 1.4.10 Paint, varnish or stain shall not be reduced, X 1.4.11 Additional quantities of paint or paint products for touch up and X re airs may be provided to the member upon request. 1.4.12 In the event lead paint Is discovered, work shall cease and member X shall be notified. 1.4.13 Contract vendor shall encapsulate lead paint according to current 7( applicable ASTM and IPA codes and re uirements. 1.4.14 Contract vendors shall not place demolished materials, trash, used X paint supplies, etc. in member's dumpsters. Contract vendor shall k M arrange: for legal removal of disposed materials. Any hazardous materials shall be removed in the manner prescribed by law. 1.5 Wall Coverings ('Waterproofing and Painting) I Requirements 1.5.01 Products shall be applied according to manufacturer's X instructions. _ 1.5.02 Finish coating shall exhibit exceptional resistance to abrasion, 13 X impact, hydrol is, oxidative discoloration, and solvents. 1.5.03 Vinyl wall covering shall be Installed without defects. X 1.5.04 All vinyl wall covering offered shall be stain, mildew, tear resistant, X fire rated, high tensile strength and offered in a variety of colors and designs. 11.5.05 Only vinyl wall covering with current and applicable ASTM, NEPA and ! X ICC Class A fire ratin shall be installed in public classrooms. 1.5 Custom Painting f Services and Extra -cost Provisions Requirements 1.6.01 Contract vendor may provide custom painting services including, X but not be limited to: playing fields, tennis courts and other athletic areas, striping and marking for traffic control, ernergency graffiti N removal including repainting, and wall covering services. 1.6,02 Striping and marking shall meet Current applicable AICA X requirements. 1.7 Environmentally Responsible (Green) Products and X Services Re uirements _ �X 1.7.01 Contract vendor shall make available to all members, environmentally responsible products and services, including low and no volatile or anic compounds VOC aims and coatings k; 1.7.07 Products shall not contain any ingredients that are carcinogens, x=' X mutagens, reproductive toxins, hazardous air pollutants or ozone- depleting compounds. An exception shall be made for titanium dioxide and for products that are pre -tinted carbon black by the manufacturer. Carbon black allowed under this exception shall be ' less than orequal to 1% by weight of the product. 1.7.03 Products shall not contain 1,2 -dichlorobenzene, alkylphenol X ethoxylates, formaldehyde -donors (preservatives that release formaldehyde vapors), heavy metals including lead, mercury, cadmium, hexavalent chromium and ant'imany in the elemental form or Compounds, phthaiates and priphenyl tins and tribe I tins. 1.7.04 Individual product VOCs shall produce an air concentration level no k X greater than 1/10 the threshold limit value industrial workplace. 1.7.05 Products shall contain no more than 0.5% by weight of sum total of X volatile aromatic compounds. 1.7.06 Products shall not contain more than OAS parts per million (ppm) of X formaldehyde. 1.7.07 The VOC Concentration of the product shall not exceed current X applicable ASTNI standard test method for specification of the VOC in low VOC content waterborne air-dry coatings (excludes water and i colorants added at the point-of-sale): Flat Topcoat: 50 g/L (grams per Liter) Non -Flat Topcoat: 100 g/L Primer or undercoat: 100 g/L Floor Paint: 100 /L Anti Corrosive Coating: 250 g/L X Reflective Wall Coating,, 50 9/1- /L1.7.08 1.7.08The VOC concentration of the product shall not exceed current X applicable ASTM standard test method for specification of the VOC X In low VOC content waterborne air-dry coatings (including colorants III added at the point-of-sale): X Flat Topcoat: 100 g/L (grams per Liter) Non -Flat Topcoat: 150 g/L Primer or Undercoat: 150 g/L Floor Paint. 150 g/L �{ Anti Corrosive Coating: 300 g/L Reflective Wall Coating: 100 911- L1.7.09 _ 1.7.09Packaging shall contain a minimum of 20% recovered material _ �- X content. An exception shall be made for packaging that can be recycled as part of a manufacturer take -back program. 1.7.1.0 Product packaging shall not exceed 100 ppm (0,011Io) of heavy _ X metals, including lead, mercury, cadmium, and hexavalent chromium, X 1.7.11 Environmentally responsible products submitted shall have the X desired attributes that qualify for points that will impact the LEER building certification. 1.7.12 Environmentally responsible products shall be applied according X to manufacturer's instructions. III 1.7,13 Contract vendor shall provide any certificates, testing, specifications X and/or literature for all Environmentally friendly products offered, If requested by the memtier. 1.8 Warranty of Work Requirements 1.8.01 Contract vendor shall, at his own expense, repair and replace all �{ defective work, which is found to be defective during the terra of the initial two from the date by (2) year warranty of acceptance of work member. _ 1.8.02 The warranty for any work repaired or replaced shall be extended _ X for a period of twelve (12) months from the date of such repair or replacement, 1.8.03 This warranty shall not apply to normal wear and tear or damage by _ X acts beyond the control of either pa!V. 1.8.04 Any touch-up work necessary to prepare a project for final X acce Lance shall be done at no additional cost to the member. *Exceptions/ deviations must be listed on the Scrape of WorklServlces and Specifications Acceptance ,Form. List the specification number for each exception/deviation. I Scope of Work/ Services and Specifications Acceptance Form 1 Signature on ,page 53 cert1Aes complete acceptance of the Scope of WorV5&rvice5 and Specifications in this solicitation, except as noted below (additional pages may be attached, Ifnecessary). Check one of the following responses to the Scope of Work/Services and Specifications: X We take no exceptions/ deviations to the Scope of Work/Services and Specifications. (Note., If nothing is listed below, it is understood that no exceptions/deviations are taken.) 71 We take the following exceptions/deviations to the Scope of Work/Services and Specifications. All exceptions/ deviations shall be clearly explained.. Reference the corresponding Scope of Work/Services or Specifications that you are taking exceptions/ deviations to. Provide details on your exceptions/ deviations below: (Note; All requested exceptions/deviations must be clearly explained. Reference the specific language that you are taking exceptionsydeviations to, detail any proposed substitute language, and clearly demonstrate how Mohave and its membership will be better served by the substituted language. Unacceptable exceptions/deviations shall remove your bid from considetatlon for award. Mohave shall be the sole judge on the acceptance of exceptions and Mohaves decision shall be Anal.) ,,,GMO'HAVE ARIZONA cooPERATtYE PUR:cHASING April 2, 2015 Attn, Kenneth C. Totlis, President Michael L. fiddle Painting, Inc: DBA, Riddle Painting & Coatings Company 522 N. Black Canyon Highway Phoenix, AZ 850.11-2118 Dear Mr. Totlis: Thank you for your response to IFB 1515-0324. We have now completed the evaluation of IFB 15E-0324. As required by the Arizona School District Procurement Rules (R7-2-1031, P, Q), the- original bid security submitted as part of your bid is being returned to you. Please contact me at (928) 718-3228, if there are any questions. Sincerely, Nancy L. Colbaagh, CPPB .Contracts Specialist I ffiwrr J419"J4 Bid Bond Bond.249II3 1 KNOW ALL MEN BY THESE PRESENTS, THAT, Nlichael L. Riddle Painting, inc DBA: Riddle Painiing & '[calms Company (hereinafter called Principal), as Principal, and Merchants Bonding Company Mutual a corporation organized and existing under the laws of the State of Iowa , with Its principal office in Lhe city of Des ivloines , (hereinafter called the Surety), as Surety, are held and firmly bound unto Mohave Educational Services Cooperative, Inc. in the State of Arizona, (hereinafter called the Obligee) in the amount of $100,000 for payment whereof the said Principal and Surety Find themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Exterior/Interior Painting and other Coating Application. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified In the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full forge and effect. The prevailing party in a suit on this bond shall recover as part of his judgment such reasonable attorney fees as may be fixed by a judge of the. court. Witness our hands this I st day of March —,20.15. Michael L, Riddle Painting, Inc. rills• ltiddlz Painiing d$ Coalin`s Company PRINCIPAL SEAL By Kenneth C. Todis, President Merch ants Bonding Com Stan (Muaual) SlJ lw'fY SEAL BY Richard B. Usher, Attorney -In -f=act Hill & L'sller ill]Ur MC@ wid Surriy AGENCY OF RECORD 3033 N 94th Street #M0 Phoenix AZ 85018-7275 • i Im W ME 1� CHANTS STT BONDING R L(10� 1', Bond #: 249113 lCOMPANY. _lM PA N Y. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies'), and that the Companies do hereby make, constitute and appoint, Individually, Richard B Usher of Phoenix and State of AZ their true and lawful Attorney -In -Fact, with full power and authority hereby conferred In their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surely any and all bonds, undertakings, recognlzanees or other written obligations in the nature thereof, subject to the limitation that any such Instrument shall not exceed the amount of Five Million ($5,000,000.00) Dollars and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -In -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attomey is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. 'The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vlee President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Comparry, and attach the seal or the Company thereto, bonds and undertakings, recognlzances, conlract, of indemnity and olher writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by famimlle or electronic transmission to any Power of Attorney or Cedificatlon thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed.' In Witness Whereof, the Companies have caused this Instrument to be signed and sealed this 27th day of February , 2012 . STATE OF IOWA COUNTY OF POLK as. a 1933 MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. Ely 7 7-,Presidant On Ibis 27di day of Febntary . 2012, before me appeared Larry Tayior, to me personally known, who being by me duly swam did say that ha Is President of the MERCHANTS BONDING COMPANY (MUTUAL.) and MERCHANTS NATIONAL BONDING, INC., and that the seals affixed to the foregoing instrument Is the Corporate Seals of the Companles; and that the Bald instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. o%Q4 M. WENDY WOODY A Commission Number 784654 My Commission Expires r .lune 20 2037 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK as. I, William Womer, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY eixecuted by said Companies, which is stili in full force and effect and has not been amended or revoked, In Witness Whereof I have hereunto set my hand and affixed the seal of the Companies on this l st day off +� ...2015 w " POA 0014 (7/14) 2003 �mOG Co • 0- V 1933 �3 74 Secrelaay W -MILL IOMM 1U.MSHEM Insurance. Bonds. Benefits. February 1, 2015 Mohave Educational Services Cooperative, Inc. 525 E Beale Street Kingman, AZ 86401 RE: Band Capacity Letter for: Michael L. Middle Painting Inc 5922 N. Black Canyon Hwy Phoenix, AZ 8501.7 To Whom It May Concern. As requested, we are pleased to advise that bonding for Michael L. Riddle Painting Inc. is approved for single: projects to limits of $750,000. Please feel free to contact us for any additional information. Sincerely, KL & SHER (—N� � UV Richard B. Usher, Attorney -In -Fact Merchants Bonding Company (Mutual) cc: Riddle Painting & Coating S922 N Black Canyon Hwy Phoenix, AZ 85017-2118 3033 North 44th Street, #300 1 Phoenix, Arizona 85018 1 Phone: 602.956:4220 1 Fax: 602.956.4416 www.hillusher.com Supplemental Information r Qualifications and Experience 1. Prepare an Executive Summary that provides a short narrative description; of what you are offering for this contract. Riddle Painting and Coatings is an Arizona Corporation established in 1982, founded on the principle that "the customer is always right." Riddle Painting and Coatings has been the Mohave painting contractor since 2000. As such, our number one objective is and hes been to make Mohave members our primary concern. Mohave members take priority over all other customers, in every way, because our experience has taught us that Mohave's members are a tight knit community that communicate with each other regularly. If one Vendor even lets one of the members down it can sour a member on the contract as a whole. Riddle Painting and Coatings has never had any complaints in fifteen years on the contract and if re -awarded, will continue to strive to be the best possible vendor on the Mohave contract. Supplemental Information — Qualifications and Experience 2. Bidder shall provide a project plan that describes how the bidder intends to implement the plan to Mohave and its members. This information will include, but not be limited to: Account team structure and role which includes, but is not limited to description of sales contact process, account team support, and periodic account review processes; • Communication process with Mohave and its members; • Delivery time to members; and Any other value-added services that may benefit members. Riddle Painting and Coatings is an Arizona corporation established in 1982 founded on the philosophy that the customer is always right. Provide the customer with a great product at a fair price, stand firmly behind our work, and provide employees with a safe working environment. Giving service after the sale and rewarding employees for each successful project has earned Riddle Painting and Coatings the excellent reputation we now enjoy. Riddle Painting and Coatings has been marketing directly to the Mohave members for so many years that we have contacts in almost every member's facility. We are intricately familiar with the bidding schedules and processes for Mohave members and we keep in contact with them throughout the year to make sure we hit all their benchmarks. Our account team consists of two Estimators / Project Managers, which are the primary points of contact for Mohave members for sales and project planning. We have a Project Coordinator that handles much of the paperwork, document control and communication between the customer and Mohave once a Purchase Order has been issued. Our Field Superintendent handles all our operations out in the field, including final punch lists and warranty work when necessary. Our Controller handles the billing and status reports with the customer and Mohave. The owner is responsible for overall quality control and management of the team. Mohave members are the lifeblood of our company so catering to their needs is our primary focus. Based on our experience we know it is important that we stay in contact with the members but don't inundate them with sales calls and correspondence. We know their schedules and understand their needs and we follow up to make sure they are happy with the service they received. All our customers have the contact information for everyone in our company so they can contact anyone here at any time. Supplemental Infoi-mation — Qualifications and Experience 3. Indicate how you will ensure your sales staff does not sell products or services that are not on contract or will not meet the public need. Riddle Painting and Coatings can assure Mohave that our sales staff will not sell products or services to members that are not on contract or will not meet the public needs, Our sales/estimating staff are salaried employees and do not work on a commission basis. We utilize line item bids that capture material to be used for each specific project. These line items conform to products described in our bids. Our sales staff has been active in preparing previous bid response with Mohave and is keenly aware of what products and services that should be applied to only Mohave members at the discounted prices. Riddle Painting and Coatings is confident in our ability to serve the needs identified in the IFS In an ethical and proper manner with the most integrity. RIDDtEi Painting ,� Coatings IFg ISE -0324 1. Indicate if your firm worsld qualify as a minority owned business. To qualify for ownership as a minority owned business, at least 51% of the firm's ownership must be held by a person, or persons, of a particular group (e.g., Woman owned, Hispanic owned, Native American owned, etc.). Proof of ownership is evidenced by the transaction privilege tax license or business privilege license for sole proprietorship; business privilege license and written partnership agreement for partnerships; or the Articles of Incorporatlon, Corporate By-laws and stock certificates for corporatiosls. NOTE: This information is used for reporting purposes only and is not a factot- in evaluation. Riddle Painting and Coatings Company does not qualify as a minority owned business. Supplemental Information — Method of Approach J Indicate if your bid is regional or statewide. Regional Statewide AZ If regional, indicate the regions in Arizona you will serve, Are there any limitations to the types of members that you will provide services to? If so, indicate what those limitations are, Riddle Painting and Coatings Company has no limitations in selling to any of the institutions that are Mohave Members. In the past three years, what percentage of your Arizona business do you estimate was in each geographical area identified below? Maricopa/Rina)/Pima counties 70 Northern Arizona 15 °!o Southern Arizona 15 % If you are awarded a contract with Mohave, which area(s) of the state will your sales: force target? Statewide If'a Mohave member Ina geographic area of Arizona: that i5 remote from your general service area needs your services, please describe how you would use local subcontractors to accomplish the work. What.is the maximum amount of work you would subcontract to complete a job? Riddle fainting and Coatings Company will complete all services in house and would only subcontract striping of play courts, parking lots, and floor prep. Note: Riddle fainting and Coatings Company, has never subcontracted another paint company to assist applications in order to meet deadlines. Riddle Painting & Coatings, Co. Riddle Painting & Coatings, Co. is pleased to submit. this bid response to serve as the preferred vendor for painting and coating services for IPB 15E-0324 Painting Services. Riddle Painting & Coatings, Co, is a full-service commercial painting and coating firm operating in Arizona since 1982. Since its inception, Riddle Painting & Coatings, Co. has strived to provide the highest quality painting and coating services to our customers throughout Arizona, Riddle Painting & Coatings, Co, has a long history of superior performance for school districts and municipalities statewide, a proven and verifiable track record that is unmatched. ,Ps, description of the firm, its organizational structure, and business philosophy are included in the paragraphs that follow. Since 1982, Riddle Painting & Coating, Co, has maintained a Class L-34 license with the Arizona Registrar of Contractors without a single issue reported against the company. In September of 2013 ownership of Michael L Riddle Painting changed and as part of the transition the new name (DBA) Riddle Painting and Coatings was adopted. At that time the state also instituted an increased license requirement, so as of July 2014. Riddle Paining and coatings has a CR -34 license. The ownership transition was seamless with no interruption in Mohave volume or quality of work. This speaks volumes about our commitment to safety and customer service before, during and after each job is completed. In tile fall of'2909 the firm moved to a new 5100 square foot facility at 5922 N Black Canyon Hwy, Phoenix AZ 85017. This coupled with the addition of more ad►nin'istrative staff, equipment and field personnel, places Riddle Painting and Coatings in the enviable position of being able to handle any size job or any number of jobs simultaneously. Riddle .Painting & Coatings, Co. is proud of the quality and longevity of all its employees. We are committed to hiring and retaining the best possible work force: Superintendent Jerry Bowers has been employed with the firm for fifteen years, Project .Manager Tom Karnka has been with us for four years and has fourteen: years estimating / project managing. experience; All job foremen have been with the company for at least 10 years or more and all are first-aid certified. Employees of .Riddle Painting and Coatings wear uniform shirts and appropriate painting and safety gear when working on any project. All employee& driving our vehicles are cleared through our insurance company, Hill & Usher. Safety meetings are mandatory and held at the beginning of each day: All employees are fingerprinted, background checked and e-verifled prior to being hired. All employees are screened through the Arizona Public Safety Sex Offenders website to check for clearance. The ,firm has a mandatory drug testing policy in the case of any injury on the job. Riddle Painting &c Coatings; Co. is a member in good standing ofthe Arizona Association of School Business Officials, Arizona School Boards Association, Arizona School Administrators, Arizona Registrar of Contractors, and the Arizona Better Business Bureau, PDCA; Lead Safe Certified. Riddle Painting & Coatings, Co. is currently under contract as the qualified painting contractor for Mohave. Our ability to ramp up to handle large jobs anywhere in:the state on short notice provides us the ability to meet the evolving needs of our customers regardless of size or location. The firm has maintained the highest level of quality control in every aspect of its business operations, including document control and submittal, to meet the requirements of any and all contracts. Bonding capacity and credit are crucial in protecting the interests of our clients statewide. Riddle Painting & Coatings, Co. has the ability to bond up to one million dollars per job and an aggregate capacity of three million dollars overall. We also have a significant six figure line of credit that enables us to provide consistent products and services without delay. Riddle Painting && Coatings, Co. has a vast amount of experience and expertise in house and close relationships with all the significant manufacturers of paint and coating materials. We can help our customers identify the right products for their job and help them meet the constraints of their budget. The extensive network of providers developed by the firm over the years enables us to provide the correct materials to job sites on time, There is an enormous array of options available to customers when selecting products. Top of the line Architectural and Industrial coatings, Green and LEEDS products are available. Low VOC or no VOC (Volatile Organic Compounds) products help out air quality and cause less impact on those who are sensitive to high VOC eminent. Faculty, students, and the general public with allergies to high VOC products no longer need to suffer from newly painted surfaces when these products are used. Our firm works in compliance with the State of Arizona on VOC's and air quality laws by. renewing the annual permit required. Our permit number is #000206, SCO800248 and expires in 2017. Riddle Painting & Coatings, Co. is dedicated to keeping our environment as healthy as possible. All job - site waste is brought to our facility and contained for pick up. Waste is never disposed of or left on a job- site: All waste is collected, by a professional disposal company that properly record and disposes in accordance with regulations established by the Environmental Protection Agency (EPA). Riddle Painting & Coatings, Co. has been an outstanding vendor for school districts, municipalities and general contractors throughout the state for over 30 years. We have consistently met the high demands of the workload, bonding capacity and cash Flow requirements: No customers are ever refused service no Matter how remote :the location, Our new larger facility, staffed with long term employees will enable us to provide an even greater level of service now and into the future. Our company stays up to date on the latest technology in the industry including Green and LEEDS products, quality control, background checks and all certifications required. We are perfectly positioned to be Arizona's preeminent painting contractor for years to come. Sincerely, KC Toilis President Riddle Painting & Coatings, Co. Kenneth Totlls President Qualifications: 24 years in the Painting and Decorating Industry 2 years with Riddle Painting and Coatings Company 15 years as an owner / operator of residential construction, paint company Work History: Riddle Painting and Coatings Company 2013 — Present Purchased company in September 2013 and have presided over a seamless ownership transition. I have spent over a quarter million dollars upgrading our facilities, equipment and administrative procedures to improve efficiency and quality of service. Suffers Marina 2009-2013 General Manager of full service marina facility including sales, service and storage. This business was in need of major help. Oversaw the tear down and rebuilding of their entire operation from bookkeeping to boat sales to service to ship store. In four years I was able to take the company from a money losing outfit to an operating profit of over 500k per year by installing proven business practices.. Oasis Remodeling LLC 1999-2007 Owner / Operator of a residential general contraction company licensees in Arizona, specializing in remodeling existing structures. Responsible for everything from estimating to construction management. This company grew to a gross of over 2 million in annual business until the housing market crashed in 2007. T&T Painting Co 1992-1997 Owner / Operator of a residential painting company licensed in Ohio. Responsible for everything from estimating to painting. Sales, estimating and job operations from Start to finish, With the help of my former employer at Evers Painting I learned how to set up and operate a true professional contracting. business with annual gross revenues of over 400k. Evers Painting 1985-1992 Began as a laborer doing prep, basic painting and cleanup. Learned the skills required to become a productive painter, eventually becoming a job leader. Responsible for my crew :and every aspect of the job from prep thru completion. Bill Ellison Estimator / Project Manager Qualifications: 23 years in the Painting, Coating, and Decorating Industry 9 months with Riddle Painting and Coatings Company 10 years in Estimating and Project Management Commercial Painting (Paint -Co) 1 year in Estimating and Project Management Commercial Wallcoverings (Reeves Paperhanging) 12 years in Paint Sales industry, Sales and Management (Sherwin Williams Paints, Glidden Paints and ICI/Devoe Coatings) Work History: Riddle. Painting and Coatings Company (Phoenix, AZ) 2014 — Present Estimator/Project Manager Estimating commercial projects and Project Management, Reeves Paperhanging (Scottsdale, AZ) 2013-2014 Estimator/Project Manager Estimating commercial projects and Project Management for Commercial Wallcoverings Paint -Co (Phoenix, AZ) 2003-2013 Estimator/Project Manager Estimating commercial projects and Project Management ICl/ Devoe Paints :and Coatings 2002-2003 Commercial Paint Sales Glidden Paints 2001 - 2002 Commercial Paint Sales Commercial Paint Sales and development of Commercial Paint Sales Program Sherwin Williams Paint Company 1991-2001 Commercial Paint Sales Retail and Commercial Paint Stores Sales and Management Education: BS in Business and Public Administration -- Accounting, University of Arizona, Tucson, AZ Jennifer Neumann Controller Qualifications - 20 years in Commercial Construction Administration: Contract Administration, Project Coordination, Accounting, and Marketing, 15 years working with JOC Contracts including 15 years working with Mohave Educational Services Work History: Riddle Painting and Coatings Company 2014 - Present Controller HACI Service LLC 2011 -2014 Project Coordination and Marketing McGough Construction 2006-2009 Field Project Coordinator General Acrylics, Inc, 1999 -2006 Contract Administrator and Assistant Controller Education: Certification: Business Management AIBT Certification: Paralegal Studies Brookline College Jerry Bowers Superintendent/Safety Officer Qualifications: 37 years in the Painting and Decorating Industry 20 years in Management 2 years as Riddle Painting and Coatings Superintendent CPR and First Aid Certified OSHA 34 Certified Work History: Riddle Painting and Co€xtings Company 1997- Present Superintendent for daily field operations including hiring and maintain field staff, ordering materials and scheduling labor for approved projects, Position manages and maintains on-going safety programs and maintains compliance with current HAZCOM standards as they relate: to OSHA/EPA rules and regulations by field staff. Gave Painting 1991-1997 Foreman- Inspects the work site to determine methods of repair, supplies tools and the level of manpower needed to successfully complete the work, and assigns painters to specific tasks and supervises these activities Paradise Painting and Decorating 1989-1991 Foreman- Manage painters, and adjusts schedules to maintain manpower Career Objectives: Maintain a safe workplace for each project to be completed per the customer, Kyndell Riddle. Office Manager/ Project Coordinator Qualifications; 6 years in the Painting, Cocci ing, and Decorating Industry 6 years with Riddle Painting and Coatings Company 6 years working with school and city facilities supervisors 6 years working with Mohave Educational Services Responsibilities: Application and qualification process for Finger Print Clearance Cards Maintaining compliance with OSHA, CPR, and First Aid New employee documentation and orientation; Ladder Safety, HAZCOM, and General Safety Provides .assistance for estimators Work History: Riddle Painting and Coatings Company 2008 -- Present Thomas A. Kamka Estimator / Project Manager Qualifications: 25 years in the Painting, Coating, and Decorating Industry 6 years with Riddle Painting and Coatings Company 21 years in Estimating and Project Management 21 years working with school and city facilities supervisors Work History: Riddle Painting and Coatings Company 2009 — Present Estimator/Project Manager Develop cost estimates by analyzing the materials and labor needed to complete the project and/or service repairs. Skyline Builders and Restoration, Inc. 2004-2009 Estimator/Project Manager Generate an estimate containing all customer requirements. Wespac Construction, Inc. 2002-2004 Estimator Estimating general construction tenet improvements and assisting senior estimators Asher Brother Painting and .Decorating, Inc, 1997 —2002 Estimator/Project Manager Estimating projects and maintaining the cost of labor and materials within budget Apprenticeship, moved into superintendent, and then estimator project manager Education: Graduated of Madison High School and Completion of Apprenticeship with Local #275 Painters Union Foreman Otialifications Foreman l Quafificafions: 50 years in the Painting and Decorating Industry 30 years Owning and operating Paint Co 1 years as Riddle Painting and Coatings Foreman CPR AND First Aid certified OSHA 10 certified Foreman 2 Qualifications: 41 years in the Painting and Decorating Industry 19 years at Riddle Painting and Coatings 12 years as Riddle Painting and Coatings Foreman OSHA 10; certified CPR AND First Aid certified Foreman 3 Qualifications: 22 years in the Painting and Decorating Industry 17 years of Riddle Painting and Coatings 7 years as Riddle Painting and Coatings Foreman CPR AND First Aid certified Foreman 4 Qualificafions: 16 years in the Painting and Decorating Industry 14 years at Riddle Painting and Coatings CPR AND First Aid certified OSHA 10 certified Foreman 5 Qualifications: 16 years in the Painfing and Decorating Industry 5 years at Riddle Painting and Coatings 2 years as Riddle Painting and Coatings Foreman CPR AND First Aid cerfified Foreman 6 Qualificafions: 21 years in the Painting and Decorating Industry 2 years at Riddle Painting and Coatings 1 years as Riddle Painting and Coatings Foreman CPR AND First Aid certified Foreman 7 Qualific:aflons: 15 years in the Painting and Decorating Industry 8 years at Riddle Painting and Coatings 5 years as Riddle Painting and Coatings Foreman CPR AND First Aid certified OSHA 10 certified OSHA 30 certified Foreman 8 Qualificafions: 18 years in the Painting and Decorating Industry 14 years at Riddle Painting and Coatings 8 years as Riddle Painting and Coatings Foreman CPR AND First Aid certified THE #1 CHOICE OF PAINTING PROFESSIONALS' January 13, 2015 RE. RIDDLE PAINTiNO AND COATINGS PHOENIX AZ 85017 To Wham It May Concern, The Flnest Paints .Since 1925 lmployw_-Otvnad DUNN-EDWARDS CORPORATION Riddle Painting has been a valued customer to Dunn -Edwards since 1985. Riddle Painting has always maintained a positive prompt pay history with high balance up to Mid -5 figures. We look forward to many more years of successful business relations with Riddle Painting. Ifyou have any questions, please contact: me, Regards, DUNN-EDWARDS CORPORATION "Traci Park l+ wiager, Credit Department Direct Phone: (323),$26-2619 Email: Traci.Park@Dt.1nnEdwards.corn 4886 East 52M PIM Los Mgela Ca)Ifomla 900411-2884 Tai: (823) 771-3330 Fax: (43),826-P-708 dunnedwnrM.pom Anzzna Caffarmia Nevada New Mexito Texas C$IE' 1ARrN SiHERWIN WILLIAMS. 11840 N 28"' Dr., Suite 101 Phoenix, AZ 85029 877-287-4225 November 17, 2014 Riddle Painting & Coatings 5922 N Black Canyon Hwy Phoenix, AZ 85017 Acct No: 6597-8485-4 Re: Account Status & Bid list To Whom It May Concern, Riddle Painting & Coatings has had a charge account with the Sherwin Williams Company since January 1986. This account has had over 20 years of satisfactory payment history with Sherwin Williams. I have managed commercial credit accounts for Sherwin Williams in the Phoenix market since 2000 and have not had any credit issues with Riddle Painting & Coatings. Their account is still active and in good standing with Sherwin Williams. If you or anyone else has questions or concerns regarding Riddle's commercial account they may feel free to call me at 602-445-3166. Sincerely, Karl R. Oswald Senior District Financial Manager W BEHRw I Professional Products & services 1112/2015 Riddle Painting & Coatings 5922 W. Black Canyon Hwy Phoenix Az 85017 Re: Mohave To: Whom it may concern I have had the pleasure to work with Riddle Painting for many years and have always found them to exhibit great work ethics, taking pride In always doing the right thing. I find them to be a very stabile and reliable company with a great working relationship with their vendors, and their customers. I have had no Issues in doing business: with them. Working with Riddle while working for two different paint companies, I have never had any issues with collecting monies owed or in their prompt attention to making their payments and staying current in their accounts. Please feel free to contact me if further information is required. Thank you ' Steve Gritchen Behr Pro Sales Rep 480-295-7638 Delir Process Corporation I Prohssianal I', , 11 i.r i1,, "., W I., "sO, r -_, t.. 1 11 V'IA 'I Dale Wade APG Paints 2929 N. 32nd. St. Phoenix, AZ 85017 November 25, 2014 To Whom It May Concern: Riddle Painting and Coatings has been a preferred customer of both PPG Pittsburgh Paints and Glidden Paints for as long as I have been in business. I have long considered them to be one of my "go to" applicators when I am asked for recommendations when specifying a coating system for an end user customer or property owner. Their work has always been exemplary and has been complimented by many of my customers. Riddle Painting and Coatings track record of prompt or even early payment makes them a joy to work with from a credit standpoint and has allowed them to enjoy a credit line that few painters have access to. Glidden and PPG Pittsburgh Paints have recently merged to become PPG Paints. We are excited to be able to focus our combined resources on serving Mohave and the education ( market on future projects. If you have questions please feel free to contact me at (602) 319-8243. Sincerely, Dale Wade PPG Paints NACE Level 3 Coating Inspector No. 35782 Copyright © 1994, 1988, 1983 by McGraw-Hill, Inc. December 8h, 2014 Mohave Co -Op Reference Letter for Riddle Painting RE: Painting of Neighborhood Parks Dear Sir or Madam; City of Peoria ENGINEERING DEPARTMENT 9875 North 85th Avenue Peoria, Arizona 85345 T 623.773.7212 F 623.773.7211 engineering@peariaaz.gov May the intent of this letter offer the reader a sincere appreciation for a job well done by the Riddle Painting and Coatings Company. Riddle Painting and Coatings promised me and others within our department that the paint color selection would be correct on each park amenity and the entire painting operation would be finished before the Thanksgiving Holiday. Without exception, field performance was exceptional and the contract completed on time with no additional cost overruns. Over the past several years we have contracted with many contractors and it is always our pleasure to provide a letter of satisfaction or recommendation, however, letters or referrals as such must be earned. In closing, it is my pleasure and appreciation to provide this letter to Riddle Painting & Coatings. We, the City of Peoria will certainly keep Riddle Painting & Coatings in mind for all our future painting projects. Sincerely, William Beaudoin, LEED GA CIP Project Manager I T 623.773.7125 M 602.550.2804 william.beaudoin@peoriaaz.gov 1 Cc: project file peorlam.gov MAINTENANCE DEPARTMENT Pendergast Elementary School District #92 3845 N. 99sr Avenue November 25, 2014 Phoenix, AZ 85037 David Morales, Director Office: 623-772-2755 FAX: 623-872-0281 Mohave Co -Op Reference letter for Riddle Painting To Whom It May Concern; I am please to provide this letter of reference regarding Riddle Painting and Coatings Company. Pendergast Elementary School district has a long-standing business relationship with Riddle Paining because of their professional workmanship, dependability, and convenience. Riddle Painting has been and continues to be our preferred painting contractor. This year (2014) Pendergast Elementary School District received interior painting services for Copper King Elementary, Villa De Paz and Desert Mirage. These projects were completed on time and without a single issue. For many years I have worked directly with their staff and I have always had a positive experience with each project. With confidence 1 highly recommend Riddle Painting for the renewal of painting services with Mohave Educational Services. If you have any questions please do not hesitate to contact me. Sincerely, rid 2012 Advance Accreditation Dysart Unified School District No. 89 1LP RT Nathaniel Dysart Education Center Unified School District Bob young November 12, 2014 Director o(Malntenance and Facilltfes 13825 W Desert Cove Road Surprise.e. 6 Arizona 028 Mohave Co -Op Ref=erence letter for Riddle Painting Phone: 023.876-7028 p g Fax: 623.876-7036 bob.youngOdysa rt.org ,vwr,vAysart.org To Whom It May Concern,, It is with great pleasure that 1 write this letter of reference for Riddle Painting and Coatings. Dysart Unified School District would recommend Riddle Paintings and Coatings to have their Mohave contract renewed to ensure a quality painting vendor be available on the contract, Dysart Unified School District's experience with Riddle has been exceptional. They do quality work, very professional, very neat and organized, with great attention to detail, There is not a problem with their working around the campuses and I have never received one negative comment or complaint about them. They do a great job of cleaning tip and leaving the areas looking `like new'. In 2014 they painted the complete exteriors, including block, stucco, and metal at Mountain View, Parkview, Kingswood, and Dysart Elementary Schools, Previous years they have painted numerous other schools exterior and interior. Again I would like to stress, please renew their contract with Mohave to keels this vendor available to Dysart and other Districts. Please feel free to contact rue if you need any further information. Sincerely, Bob Y jr[.�C of M f} g Un'4tlLe and l-acilities Dysart Unified School District 13825 West Desert Cove Road Superintendent Surprise, Az, 85379 Gall Piatnick, Ed,D. 623-876.7028 Governing Hoard Tracl Sawyer 9inkbeil Bonnie Schroeder ,.$lossom Tande O.- rmilerTanner Power In the pre paratio n—Excellonce In the Journey,.,Sruccess for a fifetime... ki IMPORTANT NOTICE YOU MUST: - REPORT DISASSOCIATION OF gUAl.1FYINZ3 PARTY IN WRITING WITHIN 13 DAYS. [SEE AAS. § 322-1 i64(AX1s) AND § 32-3161,011 • REPORT ACHANGE OF ADDRESS IN VaMa WITHIN 30 DAYS. [SEEKPLS. § 32.1151(B)(1)i • REPORT ANY TRANSFER OF OWNERSHIP OF 50% OR MORE IMMEDIATELY. [SEE A.R.S. § 32-1151.011 • REPORT ANY CHANGE OF LE" ENTITY SUCH AS ANY CHANGE IN THE OWNERSHIP IN SOLE PROPRIElOR.s11113 OR CHANGE OFA PARTNER IN A PARTNERSHIP OR THE CREATION OF A NEW CORPORATE ENTITY. [SEE RULE R+9.110) Michael L Riddle Painting Inc Riddle PaMnp and BEng,+ 5922 N Blade Canyon Hwy Phaenlx. AZ 85017 IMPORTANT NOTICE YOU MUST: REPORT DISASSOCEATION OF QUALIFYING PARTY IN WRITING WITHIN 15 DAYS. [SEE A.RS. § 32.1154(A)(19)AND § 32-1151,0 11 REPORT A C}AiNGE OF ADDRESS IN WRITING WITHIN 30 DAYS. [SEE A.H.S. § 32-1151(6)(1)) REPORT ANY TRANSFER OF OWNERSHIP OF 5D% OR MORE IMMEDIATELY. [SEE A.R.S. § 32-1151.01] REPORT ANY CHANGE OF LEGAL ENTITY SUCH AS ANY CW W GE IN THE OWNERSHIP IN SOLE OR CHANGE OF A PARTNER PARTNERSHIP OR THE PROPRIETORSHIPCREATIONOF NEW CORPORATE ENTITY. IN A [SEE RULE 114-9-1101 Michael L Riddle Painting Inc Riddle Painting and Coatings 5922 N Black Canyon Hwy Phoenix, AZ 85017 IMPORTANT NOTICE YOU MUST: • REP'OR'TDISASSOC4ATION OF QUALIFYING PARTY It[ INC WITHIN 15 DAYS. IS EE A.R.S. § 32.1154(A)(10) AND § 32-1161.01) • REPORT A aVU4GE OF ADDRESS In WRITING WITHIN 30 DAYS. [SLI A.RS. § 32-1151(B)(1)) • REPORT ANY TRANSFER OF OWNERSHIP OF 60% OR MORE IMMEDIATELY. [SEE A.R.S. § 32.11S1.011 REPORT ANY CHANGE OF LEGAL ENTITY SUCH AS ANY CHANGE IN THE OWNERSHIP IN SOLE PROPRIETORSHIP OR CHANGE OF A PARTNER IN A PARTNERSHIP OR THE CREATION OF A NEW CORPORATE ENTITY. [SEE RULE R-4-9.1101 Michael L Riddle Palniing Inc Riddle Painting and Coalings 5922 N Black Canyon Hwy Phoenix. AZ 85017 THIS IS YOUR IDENTIFICATION CARD DO NOT DESTROY n ,A LICENSE EFFECTIVE THROUGH: 0813112016 STATE OF ARIZONA Registrar of Contractors CERTIFIES THAT Michael L Riddle Painting Inc Riddle Painting and Coatings CONTRACTORS LICENSE NO 84296 aAss CR34 Painting and Wall Covering THIS CARD MUST BE zlt'IA�� �?n��& PRESENTED UPON DEMAND DIRECTOR ARIZONA REGISTRAR OF C90MW=QRS THIS IS YOUR IDENTIFICATION CARD DO NOT DESTROY ■ 1 ,I UCENSE EFFECTIVE THROUGH: 0 8/3 11201 8 STATE OF ARIZONA Registrar of Contractors CERTIFIES THAT ok Michael L Riddle Painting Inc Riddle Painting and Coatings CONTRACTORS LICENSE NO 84296 OAN CR34 Painting and Wall Covering TM CARD MUST fib PRESENTED UPON DEMAND DIRECTOR. AFUMNA REGISTRAR OF CONTRACTORS THIS ITS YOUR IDENTIFICATION CARD DO NOT DESTROY V] ,I UCem EFFECTIVE TH RouGH: 08x31/2016 4V ow STATE OF ARIZONA Registrar of Conbactors CERTIFIES THAT Michael L Riddle Painting Inc Riddle Painting and Coatings CONTRACTORS UCMOR NO 84298 CLASS CR34 Painting and Wall Covering TM CARD MUST BE M&ENTM UPON VNMJV D - DIRECTDR. ARMNA REGISTRAR OF CONTRACTORS 1 � l UnitO *tatty 1E.11virotttmentat Jhofiertivit Aynq NAT -23716-2 Certification # January 15, 2015 issued On iris is to rer-t fil t4at Michael L. Riddle Painting, Inc_* has fulfilled the requirements of the Toxic Substances Control Act (TSCA) Section 402, and has received certification to conduct lead -basad paint renovation, repair, and paint Ing activifies pursuant to 4U GFR Part 74 5. 89 — Jit fYx� ..ttri bidjan of: "r, r-�-� <- All EPA Administered States, Tribes, and Territories This certification is valid from the date ofissuance and expires May 14, 2021) Michelle Price, Chief Lead, Heavy Metals, and Inorganics Branch Mobilmdon end Travel Description If mobilization and/or travel rates are applicable, describe how they are calculated, and when they are necessary, (e.g. 50 miles frorn origin, etc.). Include Information regarding what the mobilization and travel rates cover. (See Pricing: Reimbursement fvr Transportation, Mileage, Lodging, Meals and Incidental Eat in the Special Terms and Conditions.) A.D.O.A for lodging and meals only, except when special/season rate preclude, the PPA Le; Best Western, Holiday Inn Express, etc. No mileage or travel time will be charged to the district. State rates are used when available, otherwise, local rates are applied. Pricing Mobodology Destxiption Cl Our pricing methodology Is percent of discount off manufacturer's price list or catalog, / ❑ Our pricing methodology is fixed pricing. X Our pricing methodology Is a combination of percent of discount off manufacturer's price list or catalog and fixed pricing. Provide a description as to how your pricing will be managed under an awarded contract. If you are using fixed pricing, outline any contingencies for econornic adjustments, (See Basis for Pricing in the Special Terms and Conditions.) Sundries 10% Paint 1011Ia Labor and Specialty is fixed -pricing Volume Mgmurrt Description Provide a description as to how your volume discounts (if offered) will be managed under an awarded contract. Riddle Painting and Coatings Company does not offer volume discounts. rAa r SECTION PAGE DATE ARIZONA ACCOUNTINc.N1ANUAL I I—D—V-1 1 01101/2008 SUnJECT w State of Arizona Travel Policy Supplement:I - Maximum Transportation, Lodging and Meal Reimbursement Rates THE FOLLOWING RATES APPLY TO EMPLOYEES TRAVELING ON OFFICIAL STATE BUSINESS: 1. Personal Vehicle Mileage Reimbursement: 2. Privately—owned aircraft: 3. In—State Lodging and Meal Rates: 44.5 cents per mild effective 11/15/06 99.5 cents per mile. Requires prior GAO Approval. Based on the shortest air routes from origin to destination. Landing and parking fees are allowed except at the location where the aircraft is normally based. Effective 11/15/06 .tate Primaryiicstiatation + ouu ir�� _ End lLocl in l�lcal All Cities not listed All counties not. Default hate below listed below $60 $34 Coconino (Except The Arizona Grand Canyon / Flagstaff City Limits Of Sedona) Oct I Oct 31 $81 _ S_39 Coconino (Except The Grand Canyon / Flagstaff City Limits Of Sedona) Nov 1 Feb 28 $65. $39 Coconino (.Except The Grand Canyon / Flagstaff City Limits Of Sedona) Mar I Sep 30 $81 $39 Kaventa Navajo $71 $49 Phoenix / Scottsdale 141111-ico a Oct l Dec 31 S103 $54 Phoenix/Scottsdale Marico a Jan 1 NW31 $141 554 Phoenix! Scottsdale Marico a Apr 1 May 31 $109 $54 Phoenix / Scottsdale Maric4 a Jun 1 Aug 31 $74 $54 Phoenix J Scottsdale Marico a Sep I Sep 30 $103 $54 City Of Sedona Which Falls Within Yavapai Arid Coconino Sedona Countics Oct I Feb 28 $107 1 $59 City Of Sedona Which Falls Within Yavapai And Coconino � Sedona Counties Mar I May 31 $118 $59 City Of Sedona Which Falls Within Yavapai And Coconino Sedona Counties Jun I Sep 30 $107 $59 Sierra Vista _ Cochisc S66 $34 Tucson pima Oct I Dec 31 $83 $44 Tucson Pima Jan I Mar 31 5119 S44 Tucson Pima Apr 1 Sep 30 _ S83 S44 Yuma Yuma I S71 S34 SECTION PAGE DATE ARIZONA ACCOUNTING MANUAL II—D—V-I 2 01/01/2003 SUBJE:C r State of Arizona Travel Policy Supplement l - Maximum Transportation, Lodging and Meal Reimbursement Rates _ 4. Out—of-7-State Lodging and Meal Rates: Effective 11/15/06 Prinf. 111cstillation County Begill End LOdAi1njY al N11 And Alabama Birmingham She1b S80 S39 Gulf Shores Baldwin Oct I May 31 588 $34 Gulf Shores Baldwin Jun I Jul 31 $107 $34 GulfSltores Baldwin Aug I Sep 30 $88 S34 Madison And Huntsville Limestone $71 539 Montgomery Montpomea $73 S34 Arkansas I Dt Springs Garland _ $87 $44 Little Clock Pulaski S76 S49 Antioch / Brentwood / Concord I Lafayette / Martinez / Pleasant [-fill / Richmond / San Ramon / California Walnut Creek Contra Costa $104 S44 Bakersfield / Delano (Naval Weapons Center And Ordinance Test Station / China Lake ! 1 Kern S70 $39 Barstow / Ontario / Victorville San Bernardino S87 $54 Benicia / Dixon / Fairfield / Vacaville / Vallejo Solano S87 $39 Brawley / Calexico / El Centro / Imperial Im erial $75 $34 Chico / Orville Butte_ $68 S34 Ctearlake Lake $65 S39 Death Valley Invo S76 $44 Fresno Fresno $79 $49 Los Angeles 1 Orange And Ventura, Edwards Los Angeles AFB 5110 $59 (Mammoth Lakes Mono 5101 S49 Mill Valley / San Rafael / Novato / Corte Madera / Sausalito I Tiburon I Larkspur +tilarin $104 $49 Modesto Stanislaus 579 1 $44 MontereX Monterey 5111 $59 Na a Napa S129 S59 Oakhurst Madera Oct I Jan 31 $64 $34 Calirornia Oakhurst Madera Feb ) Aug31 '575 S34 ;r++ PAGE: DeVIti ARIZONA ACCOUNTING .MNUAL 3 01101/2008 SUBJECT State of Arizona Travel Policy Supplement I - Maximum Transportation, Lodging and Meal Reimbursement Rates State 'Iijnary Destination - �iCottnt - ]Begin kaid Lqd int r N1c ,, Oakhurst Madera Sep I Se2 30 $64 $34 Oakland Alameda $94 $54 Palm S rin s Riverside Oct I Dec 31 $105 $54 Palm Springs Riverside Jan I Apr 3.0 5131 $54 Palm Springs riverside May I Aur 31 $88 $54 Palm S rin s. Riverside Sep 1 Sep 30 5105 $54 Paint Arena / Gualala Mendocino S71 $49 Redding 517asta $78 $39 Sacramento Sacramento $103 $54 San Dice San Diego $131 $59 San Francisco San Francisco $140 $59 San Luis Obispo Sart Luis Obispo 5102 $49 San Mateo / Foster City / Belmont San Mateo $98 $49 Santa Barbara Santa Barbara Oct l Jun 30 $130 S54 Santa Barbara Santa Barbara Jul I Aug 31 $lb9 $54 Santa Barbara Santa Barbara Sep I Sep 30 $130 S54 Santa Cruz Santa Cruz Oct I M&31 SI01 S49 Santa Cruz Santa Cruz Jun I Aur 31 $126 S49 - Sanlu Cruz Santa Crux Set I Sep 30 $101 $49 Santa Monica City Limits Of Santa Moniea $170 $59 Santa Russ Sonoma $108 $59 Smab Lake Tahoe El Dorado Oct I Nov 30 $122 $49 South Lake Tahoc El Dorado Dec 1 Mar 31 $144 $49 South Lake Taltoe El Dorado Apr I Jun 30 _ $106 $49 South Lake Tahoe El Dorado Jul .I Sep 30 $122 S49 Stockton _ Sat) Joaquin $75 $39 Sunnyvale / Palo Alto 1 San Jose Santa Clara $110 $54 Tahoe City Placer $98 $54 Truckee Nevada $87 $54 Visalia/Lemoore Tulare And Kings $70 $44 West Sacramento Yolo $75 $39 Yosemite National Park Mariposa Oct I Mar 31 $129 $59 Yosemite National Park Mari Cosa Apr I Aug 31 $85 $5:9 Yosemite National Park Mariposa Sep I Sep 30 S129 $59 Colorado Aspen Pitkin Oct I Nov 30 $108 $59 Aspen Pitkin Dec 1 Apr 30 $225 559 Aspen Pitkin Ma 1 Au, 31 $127 $59 Aspen Pitkin Sep I Sep 30 $108 $59 Boulder Broomfield Boulder and Broomfield S93 S49 SECTION VACiF DA"rE? ARIZONA ACCOON'rING �NANVAL 11—D--V-I 4 01/01/2008 SUBJECT State of Arizona Travel Policy Supplement I - Maximum 'Transportation, Lodging and Meat Reimbursement Rite.'s. &-�tate PrimaryUcsiinttlibu coutit _ J3c iu . End Ludking m I1461 Colorado Colorado Springs H Baso $80 S39 Cortez ivlontezunta Oct 1 May 31 S70 $34 Cortez Montezuma Jun I Aug31 $86 $34 Cortez Montezuma Sep 1 Sep 30 $70 $34 Crested Butte / Gunnison Gunnison Oct 1 Nov 30 $84 S44 Crested Butte /:Gunnison Gunnison Dec I Jon 31 $240 $44 Crested Butte / Gunnison Gunnison Feb I Apr 30 S222 $44 Crested Butte/Gunnison Gunnison MaY 1 Sep 30 $84 $44 Denver / Aur< m Denver / Adams 1 Arapahoe / Jefferson Counties $127 S44 Douglas Count Douelas $84 $49 Durango Lu Plata Oct I May 3I $81 $44 DuranLo La Plata Jun 1 Sep 30 $106 S44 Fort Collins / Loveland Larimer $80 $39 Glenwood Springs / Grand Junction Garfield / Mesa 369 S44 Montrose Montrose Oct I May 31 S64 $34 Montrose Montrose Jun 1 Sep 30 S79 S34 Silverthorne / Breckenridge Sunttnil Oct 1 Nov 30 S92 S49 Silverthorne / Breckenridge Dec 1 Apr 30 $140 S49 Silverthorne / Breckenridge Summit M ay I Sep 30 $92 $49 Steamboat. Springs Routt Oct I Nov 30 $93 S49 Steamboat Springs Routt Dec 1 Mar 31 $169 $49 Steamboat Springs Routt Apr I Sep 30 S95 S49 Telluride San Miguel Oct :I Jan 31 $150 554 Telluride San Mi cruel Feb I Apr 30 $192 $54 Telluride San Miguel May I Sep 30 5119 S54 Vail Ea:;le Oct I Nov 30 $127 $59 Vail Eagle Dec I Mar 31 $301 $559 Vail Eagle Apr I Sep 30 $127 $59 Connecticut Bridgeport / Danbury Fairrield $113 $59 Cromwell / Old Sa brook Middlesex S79 S39 Hartr'ord Hartford $99 $44 Lakeville / Salisbury Litchfield S90 $59 New Haven New Haven S89 S59 New London / Groton New London $94 $59 Putnam / Danielson / Storrs / Mansfield Windham / Tolland S71 $54 Delaware Dover Kent L Oct 1 May 31 $76 $39 6 SI:CTION NWE DAI ARIZONA ACCOUNTING AIANUAL 11—D --V-1 5 01/0112008 st.ia. ITT State of Arizona Travel Policy Supplement I - Maximum Transportation, Lodging and Meal [reimbursement hates Dover _ _ h Kent Jun I Sep 30 R $86 $39 Delaware Lewes Susses• Oct I J.un 30 $73 $34 Lewes Sussex Jul I Aue31 $106 $34 Lewes Sussex Se I Sep 30 $73 $34 Wilmin son New Castle 5102 $34 Florida[ Altamonte Springs Seminole $80 S34 Bradenton Manatee Oct I Jan 31 $89 $34 Bradenton Manatee Feb 1 Mar 31 $131 $34 Bradenton Manatee Apr 1 S0230 $89 $34 Cocoa Beach Brevard _ Oct I Dec 31 $93 $39 Cocon Beach Brevard Jan I Mar 31 $103 $39 Cocoa Beach Brevard Apr 1 Sep 30 $93 $39 Daytona Beach Volusia Oct I Jan 31 $83 $34 Daytona Beach Volusia Feb 1 Mar 31 $138 $34 Davtona Beach Voiusla Apr I Jul 31 $91 $34 Da lona Beach Volusia Auj+ I Sep 30 $83 $34 Fart Lauderdale Broward Oct I Dec31 $126 $49 Fort Lauderdale Broward Jan I Mar 31 $172 $49 Fort Lauderdale Broward A p r 1 May 31 $126 $49 Fort Lauderdale Broward _ Jun I Sep 30 $94 $49 Fort Myers Lee Oct I Dec 31 $81 $44 Fort Myers Lee Jan I Apr 30 $127 $44 Fort Myers Lee May I Sep -30 $81 $44 Fart Pierce Saint LLICIC Oct l Jan 3,1 $89 $44 Fort fierce Saint Lucie Feb I Mar 31 $129 $44 Fort Pierce. Saint Lucie Apr I Sep 30 $89 $44 Fort Walton Beach / De Funiak Springs Okaloosa And Walton Oct I Oct 31 $109 S39 Fort Walton Beach / De Funiak Springs Okaloosa And Walton Nov I Feb 28 $80 $39 Fort Walton Beach/ De Funiak Springs Okaloosa And Walton Mar 1 May 31 $12_8 S39 Fort Walton Beach f De Funiak Springs Okaloosa And Welton Jun I Jul 31 $168 L $39 Fort Walton Beach! De Springs Okaloosa And Walton Aug 1 Sep 30 $109 $39 _Funiak Gainesville Alachua $79 $39 Breeze Santa Rosa Out I Feb 28 $87 $34 _Gulf taull-13rceze Santa Rosa Mar I Sep 30 $103 S34 Jacksonville / Jacksonville Beach / Mayport Naval Station / Fernandina Beach / Atlantic Beach Duval 1 City Of Jacksonville And Nassau $78 $44 SECTION PACK DATE ARIZONA ACCOUNTING MANUAL 11-D—V-1 6 01/01/2008 SUAJ FCT - State of Arizona Travel Policy Supplement 1 - Maximum Transportation; Lodging and Meal Reimbursement Rates "11� �,S! to Pri ary De:iitnotio it0stM �. Key West Monroe Oct I Nov 30 $139 $59 Florida Ke West Monroe Dee 1 Jan 31 $168 $59 Key West_ Monroe Feb l Mar 31 $2l4 $59 Ke 'West Monroe Apr I Sep 30 $139 $59 Kissimmee Osceola Oct 1 Jun 30 $75 $34 Kissimmee Osceola JulI A up 31 $63 $34 Kissimmee Osceola Sep I Sep 30 $75 S34 Lakeland Palk $81 534 Lc.esbur f Lake Oct 1 Nov 30 $67 $39 Lcesl ujl Lake Dec I Mar 31 $75 $39 Leesburg Lake Apr I Se 30 $67 $39 Miami Miami -Dade Oct I Dec 31 $107 S54 Miami Ivliami-Dade Jan 1 Mar 31 $157 $54 Miami Miami -Dade 6, r I Sep 30 $107 $54 Naples Collier Oct I Jan 31 $110 $59 Naples Collier Feb I Mar 31 $190 $59 Naples Collier Apr 1 Sep 30 $110 $59 Ocala Mnrion Oct I Dec 31 $77 $39 Ocala _ Marion Jean I Mar 31 $92 $39 Ocala Marion Apr 4 Sep 30 $77 $39 Orlando Orange Oct l Dee 31 $89 S44 Orlando Oran a Jan I Mar 31 $114 $44 Orlando Ono e Apr I Sep 30 $89 S44 Boca Raton / Delray Beach I Jupiter/ Palm Beach Gardens I Palm Beach f Palm Beach Shores ! Singer Island And West Palm Beach Palm Beach. Oct I Jan 31 $110 $59 Baca Raton / Delray Beach / Jupiter'! Palm Beach Gardens / Palm Beach f Palrn Bench Shores ! Singer Island And West Palm Beach Palm Bauch, Feb I Mar 31 $163 $59 Boca Ratan / Delray Beach / Jupiter f Palm Beach Gardeos I Palm Beach 1 Palm Beach Palm Beach 1 Shores/Singer 1 Apr] I Se2 30 1 $110 1 S59 "11� w rda SHCHON PA17if DATE ARIZONA ACCOUNTING MANQU, 11 -D -V-1 7 01/01/2008 SUBJECT State of Arizona Travel Policy Supplement I - Maxithurn Transportation, Lod ging_and Meal Reimbursement Rates Mate. jMMA , pestinatfoll County —, w Beehill Ladgl,ug , Meal Island And Wcsl Palm Beach. Florida'i - d a Panama City Ba. Oct I Feb 29 $79 S44 Panama City Bay Mar I May 31 S106 $4.4 Panama City Bay Jun I Jul 31 5127 $44 Panama Ci!y Bay Aug I Sep 30 $79 $44 Pensacola/ Pensacola Beach Escambia $.94 $44 Punta Gorda f Charlotte Oct I Jan 31 $78 $39 Punta Gorda Charlotte Feb I Mar 31 $110 $39 Punta Gorda Charlotte Apr I Sep 30 $78 $39 Sarasota silrasota Oct I Jan 31 $88 $44 Sarasota Sarasota Feb I Mar 31 $133 $44 Sarasota Sarasota -Apr I Se 2 30 $88 $44 Sebring Highlands S92 $34 St. Aueustine, St. Johns Oct I Jan 31 S92 549 St. AUgLlStinC St. Johns Feb I Mar 31 $111 $49 St. Augustine St. Johns Apr I Sep 30 $92 $49 Stuart Martin Oct I Oct 31 5101 $44 Stuart Martin Nov I Jan 3l 5119 S44 Stuart Martin Feb I Mar 31 $159 $44 Stuart Martin A I Sep 30 Wt $44 Tallahassee Leon $82 $39 Tampa / St. Petersburg Pinellas And Hillsboreugh Oct I Dec 31 - $88 S49 Tam a / St. Petersburg Pinellas And Hillsborough Jan I Mar 31 $111 S49 Tampa / St. Petersburg Pinellas And Hillsborou Th Apr I Sep 30 $88 $49 Vero Beach Indian River Oct I Jan 31 $98 $44 1 Vero Beach Indian River Feb I Mar 31 $131 $44 1 Vero Beach Indian lUver Apr I Sep 30 S98 $44 Georgia Athens Clarke S81 $34 Atlanta Fulton / Dekalb And Cobb $124 $44 Aupsta Richmond $72 $34 Columbus Muscogec $79 $34 , Rockdale $71 $34 Duluth /Norcross j Lawrenceville / BraWton Gwinnctt $72 $39 Jekyll Island / Brunswick Glynn 5100 S44 Savannah Chatham Sgs L S44 Idaho Boise Ada $79 $44 STI'TION PAGE DA7E k. l I–D--V-I 8 01/01/2008 AR170NA ACC'Ol� \Tl NG 1T:�N U,� L SUMS CT State of Arizona Travel Policy SLIPPICment I - Maximum Transportation; Lodging and Meat Reimbursement Rates ... .....- - S ate ... —� Primau. mstinuii( m Coeur D'Alene f�:omil , Kootenai J e rifa -End Lmd Riin. M611 Oct I NIM31 $65 S54 Coeur D'Aiene Kootenai Jun 1 Aug31 $95 $54 Coeur D'Alene Kootenai Sep I Sep 30 $65 S54 Idaho Sun Valley / Ketchum Blaine Oct I Jun 30 $71 $54 Sun Valle / Ketchum Blaine Jul I Aug 31 $82 $54 Sun Valle / Ketchum Blaine Sep 1 Sep 30. '$71 $54 Twin Falls Twin Falls $71 $34 Illinois Bolingbrook / Romeoville 1 Lemont / Lockport / I -tomer Gten / Mokena / New Lenox Will $76 S39 ChicA *o Cook And Lake Det I Nov 30 $173 $59 Chicago Cook And Lake Dec 1 Apr 30 $138$59 _ Chicago Cook And Lake May I Jun 30 $169 $59 Chicago Cook. And Lake Jul 1 ALL g 3 l $141 $59 Chicago Cook And Lake Sep I Sep 30 5173 $59 Elgin / Aurora City OrEl"111 / Kane $80 $39 Oak Brook Terrace Dta a�e $95 $44 Rockford Winnebago $65 Sia Springfield San union $76 $44 ludiatta Bloomington Monroe $84 _ $39 Brownsburg / Plainfield Hendricks $67 S39 Ft. Wayne Allen $68 $34 Hammond / Munster / Merrillville Lake S77 $39 Indianapolis / Carmel NEaricsn / l•lamillon / Dort Benjamin Harrison Military Base S93 $39 Lnfa ettc Tippecanoe $75 $34 Michigan City La Porte $75 $34 Nashville Brown $66 $44 South Bend St. Josgil $86 $39 Valparaiso / Burlington Beach Porter $75 $44 Iowa Cedar Rapids Linu $72 S34 Des Moines Polk $74 $39 Kansas Fort Riley / Manhattan Geary / Riley And Pott'awatomie $67 $34 Kansas City / Overland Park Wyandotte And Johnson $96 $39 Wichita Sed wick $75 $44 Kentucky Boone County Boone $88 $39 �—I r eft - Sr. 110N PAGt: DA IT: . ARIZONA ACCOUN`rIN01ANVAL 11-1]-W-1 9 01 /0112008 SUBJECT State of Arizona Travel Policy Supplement I - Maximum Transportation, Lodging and Meal Reimbursement Rates $94 S39 Kenton County Kenton Lexington Fayette $84 $A4 Louisville Jefferson Oct 1 Ma 31 $94 $44 Louisville Jefferson Jun 1 Aug 31 $85 S44 Kentucky Louisville Jefferson Sep 1 Sep 30 $94 $44 Louisiana Baton Rouge East Baton Rouge Parish Oct 1 Mar 31 $94 $39 Baton Roue East Baton Rouge Parish Apr 1 Jun 30 S80 $39 Baton Roue East Baton Rouge Parish Jul 1 Sep 30 $94 $39 Covinaton / Slidell St. Tammany Parish. Oct I :Mar 31 $95 S44 Covington / Slidell St. Tammany Parish Apr I Aug 31 $70 S44 Covinaton / Sl Wel l St. Tammanv Parish Sep l Se . 30 $95 $44 Lake Charles Calcasieu Parish $71 $34 New Orleans Orleans / 5t. Bernard I Jefferson And PlagWnilre Parishes Oct 1 May 31 $148 $54 New Orleans Orleans I St. Bernard / Jefferson And Plaquemine Parishes Jun 1 Sep 30 $102 $54 Shreveport Caddo And Bossier Parishes $66 $39 Maine Bar Harbor Hancock Oct. I Mav 31 S67 $44 Bar I-larbor Hancock Jun 1 Sep 30 $123 $44 Kennebunk / Kittery / Sanford York Oct I Oct 31 $81 $.49 Kennebunk / Kittery / Sanford York Nov I Jun 30 S69 $49 Kennebunk J Kittery I Sanford York Jul l Aug 31 $108 $49 Kennebunk / Kittery C Sanford 'York Sep I Sep 30 $81 S49 Portland Cumberland, Sauadaltoc Oct I Jun 30. 1 $82 $39 Portland Cumberland, Saeadahoc Jull Sep 30 $103 $39 Rockport Knox Oct I Jun 30 $60 $44 Rockport Knox Jul I Aug 31 $85 $44 Rockpori :Knox Se 1 Se 30 S60 $44 Mar -viand Aberdeen / Bal Air/ Beleam / Ed gewood I lairlbrd $82 53t) Anent oils Anne Arundel 5116 $59 SECTION PAGE DA't`L ARIZONA ACCOUNTING MANUAL ll—D—V-I 10 01/01/2008 StjBjrCi State of Arizona Travel Policy SURRICInClIt 1 - Maximum Transportation, Lodging and Meal Reimbursement Rates Aa. Baltimore City Bailitnora City Begin End . Lodgiug Will 5148 S54 Baltimore County Baltimore 542 $49 Cambridge / St. Michaels Dorchester A nd Talbot Oct I Oct 31 $135 $49 Cambridge / St. Michaels Dorchester And Talbot Nov l Apr 30 $99 $49 Maryland Cambridae_/ St. Michaels Dorchester And Talbot May 1 Aug31 $146 $49 Cambridge/ St. Michaels Dorchester And Talbot Sep I Sep 30 5135 $49 Columbia Howard $104 $4.4 Frederick Frederick $85 S34 Ha +erstnwn Washington $65 $34 La plata / Indian Head Charles $70 $34 Lexington Park / Leunardtown / Lusby 5t. Mary's And Calvert $82 $34 Ocean Ci Worcester Oct I Mav 31 $74 $59 Ocean City Worcester Jun I Sep 30 $159 $59 Washington DC Metro Area Montgomery and Prince Georges Oct I Nov 30 $195 S59 Washington DC Metro Area Montgomery and Prince. Geer es Dec 1 May 31 5188 $59 Washiligion DC Metro Area Nloisig mcry and Prince Georges Jun l Aug31 $162 _.....,...... S99 Washington DC Metro Area Montgomery and Prince+Georu,es Sep l Sep 30 $195 S59 Massachusetts Andover Gssvx $84 $54 Boston ! Calttbridue "aurooik /City Or Cambridge Oct I Oct 31 _ $203 $59 Boston / Cantbrid gc Surfolk/City Of Cambrid 7e Nov 1 Aug31 $168 $59 Bostan / Cambridge Surfolk ICiIN. Of Cambridge Sep I Sep 30 $203 $59 Burlington / Woburn Middlesex I 5104 $54 Falmouth City Limits Of Falmouth Oct 1 Jun 30 $85 $44 Falmouth City Limits Of Falmouth Jul I. Au * 31 S128 $44 Falmouth City Limits Of Falmouth Sep I Sep 30 $85 $44 Hyannis annis Bamstable Oct 1 Apr 30 $80 S54 Hyannis Bimstable May I ,fun 30 $95 $54 Hyannis Barnstable Jul I Aug31 $124 $54 Hyannis Barnstable Sep 1 Sep 30 $80 S54 Martha's Vineyard Dukes Oct I Oct. 31 5116 $59 Aa. 1p. SrC['ION DAi'1_ ARlzon:► ACCOUNTING MANUAL 11 -D --V-1 11 01/01/2008 SUBJECT State of Arizona Travel Policy Sup lement 1 - Maximum Transportation, Lodging and Meal Reimbursement Rates 4d I Martha's Vineyard Dukes Nav l Ma 31 $96 0 o S59 Martha's Vinevard Dukes Jun 1 Au 3l 5175 $59 Mamha's Vineyard Dukcs Sep I 5e. 30 1 $116 $59 Nantucket Nantucket Oct 1 Nov 30 $154 $59 Nantucket Naitlucket Dec I May 31 $130 559 Nantucket Nantucket Jun I Aug 31 $224 $59 Massachusetts Nantucket Nantucket Sep I Sep 30 $1.54 $a9 Northam ton Hampshire $88 1 $34 Pittsfield Berkshire Oct I Jun 30 S87 S-54 Pittsfield Berkshire Jul I A u u 3,1 $104 $54 Pittsfield Berkshire Sep I Sep 30 S87 S34 Plymouth 1 Taunton /New Bedford Plymouth I Bristol $91 $49 Quincy—Norfolk $111 $39 S grin =field 1 -lam den $90 $39 Worcester Worcester S87 $44 Michigan Ann Arbor Washtenaw $86 '$39 Benton Flnrbor / SL Joseph / Stevensville Berrien - - $68 $44 Charlevoix Charlevoix $71 $44 Detroit Wayne $100 $44 East Lansing/ Lansing In *ham And Baton $75 S34 Flint Genessee $73 $34 Frankenmuth Saginaw $67 $39 Grand Rapids -w Kent $75 $34 - Holland Ottawa S72 $39 Kalamazoo / Battle Creek Kalaen;izoo 1 Calhoun S75 $39 Mackinac Island Mackinac Oct I Jun 30 $65 $44 ivlackinac Island Mackinac Jul I Aug 31 $88 $44 Mackinac Island Mackinac Sep l Sep 30 $85 $4.4 Midland Midland $85 $34 Mount Pleasant Isabella $6.8 $39 Muskegon Muske ron Oct I May 31 $64 $34 Muskc ion Muskeeon Jun 1 Au • 31 $80 $34 Muske on Muskegon Sep I Sep 30 $64 $34 Ontonagon / Baraga ! Houghton Ontonagon 1 Baraga 1 Flouitlon $72 $34 Petoskey Emmet Oct I Jun 30 $67 S49 Petoskev _ Emmet Jul I Aug 31 $90 S49 Petoske Emmet Se 1 Sep 30 S67 $49 Pontiac I Auburn Hills Oakland $94 $39 Sault Ste Marie Chippewa $62 $34 SECTION PAGE DATE ARIZONA ACCOUNTINGMANUAL 11—D -V-1 12 01/01/2008 $ SUBJECT State of Arizona Travel Policy SLIPPlement I - Maximum Transportation, Lodging and Meat Reimbursement Rates State Printary Uestinn ion Couttt . Be in 1- n1d, -UtI ring,, , Meal.- South Haven Van Buren Oct I May 31 $63 $34 South Haven Van Buren Jun I Aug31 $85 $34 South Haven Van Buren Sep I Sep 30 $63 $34 Traverse City And Leland Grant! Traverse And Leelanau OCL i Jun 30 $66 $39 Michigan Traverse Ci And Leland Grand Traverse And Leelanau Jul I Aug 31 $103 $39 Traverse City And Leland Grand Traverse And Leelanau Sep I Sep 30 $66 $39 Warren Macomb $75 1 $34 Minnesota Coon Rapids I Ramsey Anoka $72 $39 Duluth St. Louis Oct I May 31 $71 $44 Duluth St. Louis Jun I Sep 30 $87 $44 Eagan / Burnsville / Mendota Heights / Lakeville / Inver Grove Heights Dakota $80 $44 Minneapolis/ St. Paul Hennepin And Ramse $113 $59 Rochester Olmstead $90 $39 Mississippi Glllf }art / Biloxi Harrison Oct l Mar 31 $94 $39 Gulf ort / Biloxi Harrison A r I Aug31 $63 $39 Gulf ort/Biloxi Harrison Sep I Sep 30 $94 $39 Robinsonville Tunica $65 939 Starkville aktibbeha $70 $39 Missouri Kansas City Jackson / Clay 1 Cass And Platte $% S44 Osage Beach / St. Robert / Ft. Leonardwood _ Camden 1 Miller I Pulaski $70 _ $44 S princfield Greene $70 $34 St. Louis St. Louis 1 St. LOUIS City And St. Charles $103 $54 Montana Big Sky I West Yellowstone Gallatin Oct I Jun 30 $73 $44 Big: Sky I West Yellowstone Gallatin Jul l Auq 31 $96 $44. _ Big Sky 1 West Yellowstone Gallatin Sep I See 30 S73 $44 Butte Silver Bow $65 $39 Helena Lewis And Clark $67 $3'A Missoula I Polson / Kalisell MissoulaI Lake 1 Flatbead Oct I May 31 $73 $39 Missoula / Polsian MissoulaI Lake I Jun I Aug31 $90 $39 ig lft, 5tstsEc SECTION PAGE DATE OARIZONA 11—D --V-1 13 01101/2008 ACCOUNTING MANUAL Missoula / Polson 1 Kalispell Missoula / Lake 1 Flathead SUBJECT State of Arizona Travel Policy Supplement I - Maximum Transportation, Lodging and Meal Reimbursement Rates 5tstsEc f?.jrimt�_ . Ueslilyali0 Coati Flathead r rse - - Kalispell - Missoula / Polson 1 Kalispell Missoula / Lake 1 Flathead $73 $39 Nebraska Omaha Douglas $84 $44 Nevada Incline Village / Crystal Ba / Reno / Sparks Washoe Oct l May 31 $101 $44 Nevada Incline Village / Crystal Ba / Reno / Sparks Washoe Jun i Aug31 $139 $44 Incline Village/Crystal Bav / Reno _/ Sparks Washoe Sep 1 -Sep 30 $101 $44 Las VSgas Clark Oct 1 Apr 30 $114 S59 Las Ve as Clark Mat I Aug 31 '$100 $59 Las Vegas Clark sop I Sep 30 $.114 $59 Stateline / Carson City Douglas ! Carson City Counties $83 $59 New Ham shire Concord N Ierrimack Oct 1 Oct 31 $92 $39 Concord Merrimack Nov I May 31 $72 539 Concord Merrimack Jun 1 Sep 30 _ $92 $39 ConwayCarroll Oct I 7+cb 28 $120 $44 ConwayCarroll Mar i Jun 30 $97 S44 ConwayCarroll Jul1 Aug 31 $146 $44 _ ConwayCarroll Sep 1 Sep 30 $120 S44 Durham Straf3'nrd $81 $39 Laconia Belknap�Oct I Jun 30 $81 S3-1 Laconia Belknap Jul 1 Aug 31 $100 $34 Laconia Belkna Sep I Sep 30 S81 $34 Lebanon / Lincoln ! West Lebanon / Franconia / Hanover /Holdemess / Sunapee / Waterville Valley / North Woodstock I Pl moutlt Grafton And Sullivan 5116 $44 Manchester Hillsborough $90 S39 Portsmouth Rockingham Oct 1 Jun 30 $93 $39 Portsmouth Rockingham Jul I Sep 30 $121 $39 New Jerse Atlantic City l Ocean City / Cape Ma Atlantic and Cape May Oct I Oct 31 $ t 14 S-19 Atlantic City / Ocean City / Ca2e May Atlantic and Cape May Nov I Apr 30 $94 $49 Atlantic City / Ocean City / Cape Ma. Atlantic and Cape Ivla Ma . 1 Sep 30 S114 $49 Belle iylcatl Somerset S125 $39 Cherry Hill / Moorestown Camden And Burlineton S82 $39 ' sr_c'rloN PAGE DATF �'[t 11 -D --V-1 14 01/0 1 /20U8 ARIZONA ACCOUNTINIG ,MANUAL Monmouth 5U nl1iL''1' State of Arizona Travel Policy Supplement I - Maximum Transportation, Lodging and Meal Reimbursement Rates --N IqN Prim ril Y NkuCtatlojl C94'0 Be '11 �'[t T�i1C RIi Weal Eatontown / Freehold Monmouth $106 $44 Edison / Piscatawqy Middlesex $109 $39 Flemington 1-lunterdon - 5100 $34 Newark Essex / Bergen 1 I ludson And Passaic $116 $44 New Jersey Parsippany Morris $121 $44 Princeton / Trenton Mercer $133 $39 Springfield / Cranford 1 New Providence 7 Westfield / Clark / Summit / Linden Union $98 $44 `tom's River ocean Oci l May 31 $79 534 Tom's River Ocean Jun I Aug 31 $102 S34 Tom`s River Ocean Sep I Sep 30 579 $34 New Nlexico Albu uer ue Bernalillo $70 S44 Los Alantps Los Alamos $75 S44 Santa Fe Santa Fe _ $83 $54 Taos 'Taos $69 $54 New Vorlt Albany Alban $103 $44 Binghamton / Owego Broome And 'Tina $79 $34 Buffalo Erie S81 S49 Floral Park / Garden City / Glen Cove / Great Neck / Roslyn Nassau $159 $59 Glens falls Warren Oct I May 31 $83 $44 Glens Falls Warren Jun 1 _ Au = 31 _ $129 $44 Glens Falls 'Warren Sep l Sep 30 $83 $44 Ithaca / Waterloo / Romulus Tompkins And Seneca $90 $39 Kin Aston Ulster $94 $44 Lake Placid Essex Oot 1 Dee 31 S 1 t15 $49 Lake Placid Essex Jan 1 Jun 30 $94 $49 Lake Placid Essex JulI AUg, 31 $157 $49 Lake Placid Essex Sep I I Sep 30 $105 S49 Manhattan (Includes The Boroughs Of Manhattan / Brooklyn / The Bronx And Staten Island) The Boroughs Of Manhattan / Brooklyn / The Bronx 1 Richmond Coun!y Oct l Dec 31 5274 $59 --N IqN State SI CTION PAGE DATE Fait! I l—D—v-I 1 S 01/01/2008 ,%ttlzo,rr,►.tcebtrWlxc aaANtr,u, The Borou,;hs Of til11SJEC'T State of Arizona Travel Policy Supplement I - Maxinium Transportation, Lodging and Meal Reimbursement Rates State Prbnary Lie,S ipation couajty `Ile iia _ Fait! Lodging_ ne_af The Borou,;hs Of Manhattan (Includes The Manhattan / Boroughs Of Manhattan / Brooklyn /The Brooklyn / The Bronx Bronx / Richmond And Staten Island) County Jan I Jun 30 $214 $59 The Boroughs Of Manhattan (Includes The. Manhattan / Boroughs Of Manhattan / Brooklyn / The Brooklyn/ 'The Bronx Bronx / Riclimond And Staten Island) County Jul 1 31 $196 $59 The Boroughs Of _Lug Manhattan (Ineludes The Manhattan / Boroughs Of Manhattan / Brooklyn I The Brooklyn I The Bronx Bronx / Richmond New York _ And Staten Island) Countv Sep I Sep 30 5274 $59 Niagara Falls Niagara Oct I NIa 31 S63 $39 Niagara Falls Niagara Jun l Aug31 $93 $39 Niagara Falls Niagara _ Se P I_ Sep 30 $63 $39 Nyack / Palisades Rockland $105 $44 Poughkeepsie Dutchess $103 $49 Queens . Queens Oct I Dee 31 5177 $54 Queens Queens Jan I Apr 30 $152 $54 Queens Queens May I Jun 30 $163 S54 Queens Queens JulI Aug31 $153 $54 Queens Queens Sep I Sep 30 $177 $54 Riverhead / Ronkonkoma / Melville I Smithtown I Huntington Station / Amagansett / East Hampton / Montauk I Southhampton / Islandia / Commack / Medford / Stony Brook / Hauppauge _ / Centereach Suffolk $1i;8 $59 Rochester Ntonroe $87 $39 Saratoga Springs / Saratoga And Schenectqdy Schenectady Oct 1 Jun 30 S99 $39 Saratoga Springs / Saratoga And Schenectadv Schenectady Jul i Aug31 $160 $39 Saratoga Springs / Saratoga And Schenectady Sclienec(ady Sep 1 Sep 30 $99 $39 Syracuse Onondaga $82 $39 Tarrytown / White Plains / New Rochelle / Yonkers Westchester $137 1 iS4 Troy Rensselaer $83 $34 West Point Orange S98 $39 SECTION P{IC I: DAT]. ARIZONA ACCOUNTING MANUAL ff—D--V-1 16 01101/2008 SUDJi ~CT State of Arizona Travel Policy Supplement I - Maximum 1'rans ortation, Lodging and Meal Reimbursement Rates i� ft-., North Carolina Primary Desetin lot Asheville Asheville Buncombe Buncombe Oct I Nov l Oct 31 Jun 30 S82 $71 S44 S44 Asheville Buncombe JulI Sep 30 $82: $44 Atlantic Beach / Morehead City Carteret Oct 1 May 31 $67 $44 Atlantic; Beach l Morehead City Carteret Jura I Aug31 $96 $44 Atlantic Beach I Morehead City Carteret Sep I Sep 30 $67 $44 Cha.cl Hill Orange S80 $44 North Carolina Charlotte Mecklenburg $78 $44 Durham Durham _ _ $88 $44 Greensboro Guilford Oct I Apr 30 $90 S39 Greensboro Guilford May I Sep 30 $78 $39 Greenville Pitt $68 $34 Kill Devil Dare oct l Dec 31 $60 S49 Bill Bevil Dare Jan I Sep 31l $91 $49 New Bern I Havuluck Craven $76 $39 Raleigh Wake $80 $49 Sbalotte I Southport f whiteville Brunswick And Columbus $65 $34 Wilmington New Hanover $81 _ $44 Winston-5afem Forsyth $78 $39 Ohio Akron Summit $78 S44 Canton Stark $73 S39 Cincinnati 1lamilton And Clermont $86 $49 Cleveland Cuyahoga S98 $49 Columbus Franktin $93 $44 Dayton / Fairborn Greene / Darke And Montgomery S80 $39 Hamilton. Butler And Warren $82 $44 Mentor Luke SSA. $39 Port Clinton Ottawa Oct I Jun 30 S60. $39 Port Clinton Ottawa Jul I Aug31 S87 $39 Port Clinton Ottawa Sep I Sep 30 $60 $39 Rittman Wayne And Medina $72 S34 Sandusky / Bellevue: Erie And Huron $91 534 Toledo Lucas $73 S39 Youngstown Mahuning And Trumbull S75 $34 Oklahoma Oklahoma City Oklahoma S73 $44 Tulsa Tulsa / Creek I Osage I And Rogers $68 $39 i� ft-., 5A _4-1 SECT ON PAGE DA -H-' vRIZOI%A .AC( racyrrNC AkSI AI. H -D -V-1 17 01101I7-068 SUBJECT State afAri7anaTTraveI IIo11cy Supplement I - Maximum Trams ortatian, Lodging and Meal Reimbursement Gates Fritnar , M ' mItion Count Jackson / Klamath :S74 S39 Or on Ashland / Crater Lake Beaverton Washington $79 $39 Bend Dcschules $75 $39 Clackamas Clackamas $72 $34 Eugene I Florence Lane $84 S39 Lincoln Citv Lincoln Oct I Jun 30 $76 $44 Lincoln frit _ Lincoln Jul 1 A up, 31 $100 $44 Lincoln City Lincoln Sep 1 Sep 30 S76 $44 Portland $98 $44. Oregon Seaside _Multnomah Clatsop 'Oct I Jun 30 $77 $49 Seaside Clatsop Jul 1 Aue 31 sit] $49 Seaside Clalsop Sep I SSp 30 $77 $49 Pennsylvania Allentown I Easton f Bethlehem Lehigh And Northampton S80 $39 Bucks County Bucks $95 $54 Chambersburg 1=ranklin S66 $39 C:laester / Radnor t Essington Delaware $88 $39 Erie Erie S79 $34 Gm sbur= Adams Oct I Oct 31 $101 $49 Gettysburg, Adams Nov I Mar 31 $72 $49 Geta sbu g Adapts Apr I Sep 30 $101 $49 1-larrisburq Dau in $85 S39 Hershey City Of Hershe Oct I Feb 28 $82 $39 Hershey City Of Hershey Mar 1 May 31 $88 $39 Hershey City Of Hershey Jun I Sep 30 5139 $39 Lancaster Lancaster S83 $44 Malvern / Frazer / Berwyn / Phoenixville Chester $106 $44 Mechanics_b_urg Cumberland $75 $49 klont =carne County Ntont }ome $1:14 $54 Philadelphia Philadelphia $138 $59 Pittsburgh Allegllen $100 S49 Reading Berks $78 $39 Scranton Lackawanna $71 $34 State College Centre $76 $39_ _ Rhode island East Greenwich 1 Warwick I North 1.:it,,�stown Kent And Washington $99 $44 Jamestown 1 Middletown / Newport Newport Oct l Nov 30 $137 $59 Jamestown 1 Middletown / New art Newport Dcc I Feb 28 $83 $59 SIX -TION PAC; F I)AIT AR1ZONAACCoVNTINGMANUAL II -D --V-1 18 01/01/2009 SUBJECT State of Arizona Travel Policy Supplement I - Maximum Transportation, Lod in and McnI Reimbursement Rates Shite _ _ - Prima , Destination Cour tt Marl d n Sep 30 iYi a Jamestown 1 Middletown 1 Newport Nenmt $137 $59 Providence Providence S144 Sag South Carolina Aiken Aiken $70 $34 Charleston Charleston 1 Berkeley And Doi-cl,cster S92 $49 Columbia Richland $75 $39 Greenville Greenville $75 $44 Hiliou Head Beaufort Oct 1 Oct 31 $120 $49 South Carolina Hilton Head Beaurort Nov 1 Feb 29 $86 $49 Hilton Head Beaufort Mar 1 Sep 30 $120 $49 Mvrtle Beach Florae Oct I Feb 28 $67 $49 Myrtle Beach Hor Mar I May 3 I $82 $49 Myrtle Beach Ho Jul) 1 Au 31 $118 $.49 Myrtle Beach Hurry Se I Se 30 $67 $49 South Dakota Hot Springs Fall River And Custer Oct 1 May 31 $61 $34 Hot Springs Fall River And Custer Jun I Au * 31 $89 $34 }lot. Springs Fall River And Muster Sep 1 Sep 30 $61 $34 Rapid City_Pennington Oct I Mav 31 $63 $39 Rapid City Pennin ton_ Jun 1 AuF2 31 $106 $39 Rapid City Pennington Sep I Sep 30 $63 $39 Stier is / 5 carftsh Meade I Butte And Lawrence Oct 1 Apr 30 $60 $39 Sturgis I S earlish Meade / Butte And Lawrence May l Aug31 $88 $39 — - Stu!is / Spearfish Mcade / Butte And Lawrence Sep I Sc2 30 $60 $39 Tennessee Brentwood/Franklin Williamson S82 $44 Chattanooga Hamilton $81 $39 Gatlinburg / Townsend Sevier And Blount S67 S44 Knoxville Knox $74 S44 Memphis Shelby S83 $44 Nashville Davidson $99 S49 Oak Ridge AILderson $72 S34 Texas Arlington / Fort Worth / Grapevine Tarrant County And City Limits Of Grapevine $120 $39 Austin Travis $85 $49 College Station Brazos S73 $34 Co us Christi Nueces $78 $39 IFN ila SECTION PAGE DAT ARtzarv, ACcouyrrvcNI>>r UAL 11—D -V•1 19 01141/.2008 Sttatec"r State of Arizona Travel Policy Supplement I - Maximtnn Transportation, Lodging in and Meal Reimbursement Rates �-Primal? Destination, Dallas County And CitX Of Dallas ct 1 Dec 31 SI00 71 $54 Dallas Dallas Dallas County And City OfDallm Jail t A r3O$1`11 $54 Dallas Dallas County And City Of Dallas Mav 1 Sep 30 MOO $54 El Paso EI Paso _ _ $76 $39 Galvoston Galveston $96 $44 Houston (L.B. Johnson Space Center) hlontBorrlery / 1=art Bend And Harris $95 $54 Hunt County Bunt Count. $64 $34 Texas Killecn Bell $65 $34 Laredo Webb sm $39 141eAllen Hidalgo $75 $39 Plano Collin $81 $44 Round Rock Williamson $78 $39 San Antonio Bexar $10.3 $49 South Padre Island Cameron Oct 1 Feb 2$ $71 S39 South Padre Island Carneron 141ar I Au_g 31 $96 S39 South Padre Island Cameron Sep I Sep 30 $71 $39 Waco Mclennan $76 $34 Utah Ogden Weber $61 $39 Park City Summit Oct 1 Nov 30 $68 $59 Park City Summit Dec I Mar 31 '5135 559 Park Cit Summit _ Apr I Sep 30 368 S59 _ Provo Utah $69 $44 Salt Lake Citv _ Salt Lake And Towle $.90 $49 Vermont Burlin ton/ St. Albans Chittenden And Franklin Oct I Oct 31 $95 $44 - Burlington/ St, Albans Chittenden And Franklin Nov I Apr 30 $81 $44 Burlington / St. Alban_ s Chittenden And Franklin May I Sep 30 $95 $44 Manchester Bennington $79 S`4 Montpelier Washington $88 $49 Stowe Lamoille Oct I Nov 30 S108 S59 Stowe Lamoille Dec l Feta 28 $125 $59 Stowe Lamoille Mar I Sep 30 SIN $59 White River Junction Windsor Oct I Feb 2.8 $89 $49 White River Junction Windsor Mar I Am,, 31 $78 $49 White Itiver Junction Windsor Sep l See 30 $89 $49 Virginia Charlottesville City Or Charlottesville, $87 S39 SECTION PAGE DATE f 4 1l—1 -V -T 20 01 /0112008 ABIZOiVz1 ACCOUNTING MANUAL SUBJECT State of Arizona Travel policy Supplement I - Maximum Transportation, Lodging and Meal Reimbursement Rates State. Prinlar . Des tlrtriiLton , Albemarle Cities of Chesapeake and Chesapeake 1 Suffolk 5uftblk Oct I liar 31 $74 1 $39 Cities of Chesapeake and Chesapeake / Suffolk. Suffiolk Apr I Aug31 $99 $39 Cities of Chesapeake and Chess cake / Sult'tlk Suffolk Sep I Sep 30 '$74 $39 Chesterfield /.Henrico C:hesterField / Counties Henrico $81 $44 Cities of umpton Flampton City / Newport City and Newport Virginia News News Oct I Mar 31 $73 $39 Cities of Hampton Hampton City / Newport City and Newport News News. Apr 1 Jun 30 $88 S39 Cities of Hampton Hampton City /Newport City and Newport News News Jul I Sep 30 $73 $39 James City and James City and York York Counties, City Counties, Witliamsbura ofWilliamsburg Oct f Mar 31 $70 $49 James City and James City, and York York Counties, City Counties, Williamsburg of Williamsbur Apr I Aug31 $89 549 James City and James City and York York Counties, City Counties, Williamsburg of W i I I iamsburg Sep I SeR 30 $70 $49 Loudoun Coumy Loudoun S131 $54 Campbell / Lynchbing Lynchburg, City S68 S39 Manassas City of Manassas $87 S34 Cities of Norfolk Norfolk / Portsmouth and Portsmouth Oct I Oct 31 $9.1 $54 Cities of Norlolk Norfolk / Portsmouth and Portsmouth Nov 1 Mar 31 S77 $5.4 Cities of Norrolk Norfolk / Portsmouth and Portsmouth Apr I Sep 30 S94 $54 Richmond City Ciiy or Richmond $102 $49 City Limits Of Roanoke Roanoke S76 S39 Spotsylvania County 1 City Of Fredericksburg S bts lvania $63 $44 Stafford / Prince William Stafford/ Prince. S80 $39 ell SECTION PAGE DATE 0,%KIZONA ACCOUNTING .MANUAL 21 01 fB 1 /2008 SUBJt;C l' State of Arizona Travel Policy Supplement I Maximum Transportation, Lodging and Meal Reimbursement Rates State, ruinjavy Destillation Ctlun :_ WWI 7<1c In IViCa Counties William Virginia Breach County Virginia Beach Oct I Mar 31 $68 $49 Virginia Beach County Virginia Beach _ A r 1 May 31 $83 $49 Virginia Beach County Virginia Beach Jun I Aug31 5129 S49 Virginia Beach County Virginia Beach Sep I Sep 30 $68 $49 Wallops Island Accomack Oct l Jun 30 S78 S44 Wallops tsland Accontack Jul I Au 31 $111 $44 Wallops Island Accontaek Se I 5e i0 S78 544 Warrenton Fauq u'rer $73 539 Cities or Alexandria, Fairfax and Fills Church; Washington DC Metro Arlington and Vir'inia Area Fairfax. Oct t Nov 30 5195 $59 Cities of Alexandria, Fairrax and Falls Church; Washington DC Metro Arlington and Area Fairfax. Dec I May 31 5188 $59 Cities of Alexandria. Fairfax and galls Church; Washington DC Metro Arlington and Area Fairfax Juni I Aug31 $162 $59 Cities of Alexandria, Fairfax and Calls +Church; Washington DC Metro =Arlington and Area Fairfax Sep 1 Sep 30 SI95 S59 Anacortes 1 Camano Island / C'oupevilIe I Mount Vernon 1 1_4 Conner 1 Burlington 1 Skagit 1 Island I San Washington Friday Harbor Juan $74 $54 Brerrrerton Kitsa $74 S54 Everett / Lynnwood Snohomish $81 1 $49 Ocean Shores Grays Harbor $82 $39 Olympia / Tumwater Thurston 376 $44 Port Angeles! Port Clallnrn Arid Townsend Jefferson Oct 1 Jun 30 $81 $54 Port Angcics 1 Port C1allam And Townsend i Jefferson Jul I Aug 31 5114 $54 Port Angeles 1 fort Clallant And Townsend Juffcrson Sep I Sep 30 $81 $54 - SI"CrION PAGE DATE r H -D -`V-1 22 01/01/2008 ARIZONA ACCpUNTh1G AfA,�UAL St!BJFC r State of Arizona Travel Policy Su . lement I - Maximum Transportation, Lodging and Meal Reimbursement Rates - 'M Priinwry 1136 inatlow, . King S I3t7 $S9 Seattle: Spokane Spokane $70 $44 Tacoma Pierce $96 $54 Claris J Cowlitz And Vancouver Skamania Stoll $44 Washington DC (Also The. Cities Of Alexandria / Falls Church And Fairfax / And The Counties Of Arlington And Fairfax I In Virginia; And The Counties Of htontg;omery And Prince George's In lvlaryland) (See Also 'Maryland And Washington DC District Wolutnbia Virginia) Oct I Noy 30 5195 Sag Washington DC (Also The Cities Of Alexandria / Falls Church And Fairfax / And The Counties Of Arlington And Fairfax/ In Virginia.; And The Counties Of Montgomery And Prince George's In Maryland) (See Also Maryland And District Of Columbia Virginia) Dec l May 3 l S i 88 $59 Washington DC (Also The Cities Of Alexandria / Falls Church And Fairfax / And The Comities Of Arlington And Fairfax / In Virginia; And The Counties Of Montgomery And Prince George's In Maryland) (See Also Maryland And District Of Columbia Virginia) Jun l Aug 31 SI62 'M _ SR -TION PACif. DATE eAttIZONAACCOI'NI'INGNIrkNt!,k]. 11-13—V-1 23 Ol/Ct1/20x78 District Of Columbia Washington DC (A Iso The Cities of Alexandria / Falls Church And Fairfax l And The Counties Of Arlington And Fairfax / In Virginia; And The Counties Of Montgomery And Prince George's In Maryland) (See Also Maryland And Virginia) Sep l Sep 30 SUBJECT State of Arizona Travel Policy Supplement t - Maximum Transportation. Lodainsr and Meat Reimbursement Rates _ ' .:I�C5t'in llGlt County Begin End i Washin ton DC District Of Columbia Washington DC (A Iso The Cities of Alexandria / Falls Church And Fairfax l And The Counties Of Arlington And Fairfax / In Virginia; And The Counties Of Montgomery And Prince George's In Maryland) (See Also Maryland And Virginia) Sep l Sep 30 5197 $59 West Vir rinin Charleston Kanawha $87 ' $39 Huntington / Barboursville Cabell / Wayne $61 $39 _ Morgantown Monon alis $76 S39 She Iterdstowii Jefferson $69 $39 wheeling Ohio $71 S39 Wisconsin Appleton City OfAppleton $75 $39 Brookfield / Racine Waukesha / Racine $77 $39 Green Bay Brown $71 $39 Lake Genera Walworth Oct I Oct 31 $120 549 Lake Geneva Walworth Nov I A r 30 S91 S49 Lake Geneva Walworth May I Sep 30 $120 $49 -- Madison Bane $84 $49 Milwuukw Milwaukee S87 $39 Shebo an Sheboygan OctI Jun 30 $68 $39 Shebo gan Sheboygan Jul l Aug31 $77 $39 Shebovaan Sheboygan Sep 1 Sep 30 $68 $39 Sturgeon Bay Door Oct 1 Oct 3l $74 $44 Suir peon Cia Door Nov. I Jun 30 $60 $44 _ Stur>eon Ba Door Jul l Sep 30 S74 $44 Wisconsin Dells Columbia Oct I Jun 30 $60 $59 Wisconsin Fells Columbia Jul 1 Aug31 $82 $+9 Wisconsin Bells Columbia Sep I Sep 30 $60 S59 Wyoming Cody Nrk _ Oct I A r 30 $60 $39 Cody Park fvlzt 1 Se 30 $94 $39 Jackson / Pinedale Teton And Sublette Oct I Jun 30 $85 S49 Jackson / Pinedale Teton And Sublette Jul 1 Aug31 $127 $49 Jackson / Pinedale Telon And Sublette Sepj Se 30 S85 $49 Si;CT'i[7V PAGE DATE. 24 01/0112008 I ,\N17(1NA ACC)1 NT11G MANC.11, ai'likl ( I State of Arizona Travel Policy Supplement l - Maximum Transportation, Lodging and Meal Reimbursement Rates a. Meal Expense Breakdown for partial day travel: Brenkfnst S 7.00 $ 11.00 $ 9.00 S 10.011 $ 11.00 $ 12.00 1,111101 5 10.00 S 11.00 $ 13.110 S 14.00 S 16.01) S 17,00 Uinller S 17.00 S 20.00 S 22.00 S 25.00 S 27.00 S 30,00 S 34.00 $ 39.00 S 44.00 S 49.00 $ 54.00 S 59.00 6. Long—Tenn Subsistence: At least 30 consecutive days in travel status outside a 50 mile radius of residence and post of duty. Up to the first seven (7) clays may he reimbursed at the allowable rates stated above if arrangements for housing cannot be made before travel. In—State: Lodging! :$19.00 per night Meals $20.00 per day Not to CXCCL!d a total of: L12M per clay Out—of State. Determined on a case—by—case basis. Please submit request to Arizona Department of Administration with sufficient details to determine appropriate rate. 7. Out—of—Country For the current otit—of—country rates you may contact the GAO at (602) 542-1750 or visit the Department of Defense website for the latest rates: a. Go to the GAO website and click on the "!gavel link, b. Click on the Current Out -of -Country / Alaska, Hawaii Lodging and Meal Index link. This will take you to Department of Defense website; then c. Click on Per Diem Rates and click on Per idem Rates again. Next find the OUTSIDE CONUS, NON -FOREIGN OVERSEAS AND FOREIGN rates and select the COUNTRY/STATE from the drop down menu. d. Locate the travel destination and associated lodging and meal rates The breakdown ror partial clay Meal for out—Of=country can be done using the following percentages: Breakfast 20%, Lunch 25% Dinner 55% EF -MILL 4 L Insurance. Bonds. Benefits. February 1, 2015 Mohave Educational Services Cooperative, Inc. 625 E Beale Street Kingman, AZ 86401 RE: Bond Methodology Description for: Michael L. Riddle Painting Inc 5922 N. Black Canyon Hwy Phoenix, AZ 85017 To Whom It May Concern: RE: Bond Methodology Description & Rate Calculation Provide detailed Information explaining the methodology to be used when bonds are applied to projects. Describe In detail the method your surety company requires you use (e.g., bonds are applied before sales tax 1s applied, bonds are applied after sales tax Is applied, etc.) 'Mohave will use this Information to verify that your firm Is consistently charging bonds in the same manner under an awarded contract. Bond premium will be charged on the total contract sum. If sales tax Is included In the contract, bond premium will be charged, if sales tax is not included In the contract amount, no bond premium will apply. Indicate in the pricing Page of this hid the percentage or formula you use to calculate performance and payment bonds for jobs over $50.000.00. Performance bonds will be required only when a job of'$50,000.00 or more is of Bred. 2.5% for first $ 1 00 of contract 1.5% for next $400k of contract Please feel free to contact us for any additional information. Sincefely, r Hli. SFIER Richard B. skier, Attorney -In -Fact Merchants Bonding Company (Mutual) cc: Riddle Painting & Coating 5922 N Black Canyon Hwy Phoenix, AZ 85017-2118 1033 North 44th Street, 4300 1 Phoenix, Arizona 85018 1 Phone; 602.956.4220 1 Rax; 602.956.4418 www.hillusher.com Evaluation Requirements Primary Contract Documents 1. Provide Arizona Transaction Privilege (sales) Tax License Number: 07-259129H Do you collect city, county and/or other local sales tax in Arizona? Yes X No If yes, please check one. X Our combined state, city, county and/or other local sales tax rate is 8.3 % (local rate). ❑The sales tax rate varies by the location (e.g. ship -to -rate). 2. Mohave is established to offer a cooperative purchasing program "which can be accomplished more efficiently and economically as a multi -district or multi -county operation." Efficiency and economy can be established through reduced bidding effort for members and vendors, management of a single contract, fewer price schedules to maintain, fewer contact persons, using Mohave as an extension of members' purchasing departments. Additionally, it is Mohave's assertion that a statewide contract available to over 430 public agencies results in economies of scale and lower prices than those received by bidding individual contracts, especially, but not limited to small member agencies. Will a contract based upon your bid result in the efficiencies and economies described above? Yes X No If no, what efficiencies and economies would members receive from a contract based on your bid? 3. List applicable Arizona Contractor's licenses held by your company. Name of licensee Classification Number Painting and Wallcovering CA 34 4. Contact Information for purchase orders: Physical Address:5922 N, slack Canyon Highway Email Address KC@riddlepainitnci.com Attention of S. Sales support by region: Name Region served Phone Tom Kamka AZ 602-618-7398 Bill Ellison AZ 602-3210-9351 6. Will you offer members a quick pay discount if payment Is made within 10 or 20 days? Yes No X If Yes, what is the discount for 10 days? 20 days? 7. What is your general website (Internet) address? www.riddlepainting.com 8. Contacts for Mohave: Main Mohave representative contact: KCKC Evaluation Requirements — primary Contract Documents {.,hall be the main point of contact for membeis and be res-ponsible for member 1176M36011 requests ) Tide President Email address kcariddleoaintinci.com Phone number 607-317-5088 Fax 6QZ-26f-6470 Contract Administrator contact: KC TotJis (Shall be the stain point of contact for Mohave Pwcurement/Contract Specialist. Shall be responsible for handbrr-q informiabon requests hom the !Mohave spe[ialists.) Title President Email address kc®riddlepaint na.com Phone number 602-317-5088 Fax 602-266-8470 Accounting contact: Jennifer Neumann (Shall be the main point of contact for Mohave Accounting Manager,) Tide Cann ollei .Email address -a Phone number 502-277-3461 Fax 602-266-8470 Open Order Report/Status Report contact,: KC Totlls (Shall be the main point of contact regarding open orderer J Tide PiesidentEmail address KC0tjddlej2aintjng.com Phone number 602.-317-50881 Fax 602-266-8470 Audit contact. Jennifer Neumann (Shall be the main point of contact for Afohave Audit Speciali5ts.J Title Controller Email address Jennifert-ariddlepaintinp.corn Phone number 602-277-3161 Fax 642-266-8470 Reconciliation contact: Jennifer Neumann (Shall be the main point of contact for the reconciliation report for Mohave Audit Sppecialrsts.) Title Controller Email address Jennifer riddle ap inting.cam Phone number 602-277-3461 Fax 602-266-8470 Escalation contact: KC Totlis (Shall be the main point of contact when an issue need's to be escalated above the main contact and%r contract administrator for the 6id/conbact This contact ,shall be a different individual than those named for the contacts listed above.) Tide President Email address KC®riddleoaintinat.com Phone number 602-317-5088 'Fax 602-266-8470 9. Payment remittance address. 5922 N. Black Canyon_Highway Attn; Jennifer Neumann City Phoenix State AZ Zip 85017 Telephone (invoice questions) 602-277-3461 Evaluation Requirements — Primary Contract Documents Provide the requested c usbonier support infomhation for warranty and nnainteronce service offered by your fimy_aapplicable. X Yes,the following is applicable to our offer. (If yes, please provide the information below.) []No, the following is not applicable to our offer. Do you provide warranty and maintenance for the items in the bid? X Yes p No If not, how do members obtain warranty and maintenance service? Provide the name and address of the facility that will provide warranty and maintenance service, under an awarded contract. Additionally, provide a contact person and phone number for warranty and maintenance service. If there is more than one facility, provide the names and addresses for all facilities. Attach a list if necessary, If there is a performance issue with the -prod d or application, we will brigg It up to standard. Negligence, amuse, or acts of God are not included. Members will contact Jerry Bowers 602-430-4521, 5922 N, f3iack Canyon Hiallway. Phoenix, A7 8501.7 Do you provide technical assistance via phone? ❑Yes X No If yes, provide a phone number and contact, We have over 40 employees available to serve warranty work. What is your service response time for metropolitan areas (e.g., Phoenix, Tucson) and rural areas? Please allow 2448 hours to respond to service. Describe the steps a member should take to activate a warranty; if any. Members will conLac' jerij Bowers 602-430-4521 5922 N. Black Canyon Highway, Phoenix AZ 85017 Do you offer extended warranty or maintenance service plans? ❑Yes X No If yes, provide a summary of the plans here and/or copies of the plans after this page. Include pricing for extended warranty or maintenance service plans in your price schedule. (Tab 3a.) Place any supplemental end-user agreements forms, which include terms and conditions and/or member signature after Tab 4b. Will members be required to sign any supplemental end-user agreements (sales)? Oyes X No If yes, review/revise your agreement(s) for any terms that conflict with the Mohave terms and conditions. In addition, review for the fallowing common issues: Acceptable agreements shall Include: o Non -appropriations clause; o Contract or agreement must be governed by the laws of the, State of Arizona; o Net payment is thirty (30) days. Agreements shall not include: o Terms beyond one year; o. Waiver of right for a jury trial; o Requirement of upfront payment by member when purchase order is placed; 0 Entire agreement language; o Auto -renewal language. Attach your reviewed/revised agreement(s). Unacceptable agreement(s) may render your bid nonresponsive. EXHIBIT B TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND MICHAEL L. RIDDLE PAINTING, INC., D/B/A RIDDLE PAINTING & COATINGS [Quotation] See following page. 3066178.1 RIDDLE PAINTING & COATINGS, CO. 5922 N. Black Canyon Hwy. Phoenix, AZ. 85017 Phone: (602) 277-3461 Fax: (602) 266-8470 Prepared by: Eddie Srna MOHAVE CONTRACT: 15E -Riddle -0403 MOHAVE BID ATTN: Raymond Rees Phone: 602.721.3325 Date: 08/14/17 Fax/ E-mail: rrees@fh.az.eov Town of Fountain Hills Community Center/Museum/Library 12901 N La Mintana Dr. Fountain Hills Az. 85268 Proiect: Exterior/Windows/Light Poles/Parkes opies/Sight Walls Unit Price: Line # Product Sub Straieht Coats B&R Sorav Sof. / Lf. Total 4-603/05 PERMA-CRETE Stucco 2 1 4 $0.42 123029 $51,672.18 98-100/01 AQUAPON WB S/G EPDXY-COMP B Par -Pits 2 $0.81 21350 $17,293.50 60' Gas 60' Gas Boom Other 1 $4,592.301 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 ADDITIONAL PRICING t L.F. PWL Light Stucco 1 $0.05 144379 $7,218.95 MD 1 Prime Both sides Door &Frame Doors &Frames 1 $40.00 57 $2,280.00 MD1DTM Both Sides Door &Frame Doors &Frames 2 $80.00 75 $6,000.00 STEN 1 Alphadtic Uretl 1" to 10" Letters 2 $12.50 55 $687.50 PB 1DTM Pipe Bollards Pipe Bollards 2 $50.00 11 $550.00 WIF 6 DTM 6' High Gates 2 $7.00 76 $532.00 OD 1 DTM 10X10 Roll up Doors 2 $175.00 3 $525.00 HMW 3 Prime 1'x3' Window Frames 2 $12.50 12 $150.00 HMW 3 DTM 1'x3' Window Frames 2 $18.00 12 $216.00 HMW 11 Prime 2'x2' Window Frames 2 $12.50 184 $2,300.00 HMW 11DTM 2'x2' Window Frames 2 $25.00 184 $4,600.00 HMW 12 Prime 2'x3' Window Frames 2 $16.00 138 $2,208.00 HMW 12 DTM 2'x3' Window Frames 2 $32.00 138 $4,416.00 HMW 13 Prime 2'x4' Window Frames 2 $19.00 132 $2,508.00 HMW 13 DTM 2'x4' Window Frames 2 $38.00 132 $5,016.00 HMW 15 Prime 2'x6' Window Frames 2 $25.00 22 $550.00 HMW 15 DTM 2'x6' Window Frames 2 $50.00 22 $1,100.00 HMW 20 Prime 3'x3' Window Frames 2 $19.00 12 $228.00 HMW 20 DTM 3'x3' Window Frames 2 $38.00 12 $456.00 HMW 24 Prime 3'x7' Window Frames 2 $31.50 12 $378.00 HMW 24 DTM 3'x7' Window Frames 2 $63.00 12 $756.00 HMW 28 Prime 4'x4' Window Frames 2 $25.50 38 $969.00 HMW 28 DTM 4'x4' Window Frames 2 $51.00 38 $1,938.00 HMW 31 Prime 4'x7' Window Frames 2 $49.00 19 $931.00 HMW 31 DTM 4'x7' Window Frames 2 $69.00 19 $1,311.00 CP 1 Prime Canopy Poles Per LF. Canopies 2 $2.00 2345 $4,690.00 CP 1 DTM Canopy Poles Per LF. Canopies 2 $4.00 2345 $9,380.00 SIB 1 Prime Steal I -Beams Light Poles 2 $2.50 1335 $3,337.50 SIB 1 DTM Steal I -Beams Light Poles 2 $5.00 1335 $6,675.00 $0.00 $0.00 $0.00 Men Days State Rate Total Foreman ILodging I I 1 1001 $0.00 Foreman IMI&E I 1 1 44 $0.00 nav Wank Mnnth Unit Prira Tntal 85' Gas 85' Gas Boom Man Lift 1 4 $8,861.00 $35,444.00 40' Elect 40'Electric Boom Scissor Lift 1 3 $2,733.35 $8,200.05 60' Gas 60' Gas Boom Other 1 $4,592.301 $4,592.30 Prepared By: Eddie Serna * Bonds are optional. Performance and Payment bonds are available upon request and are charged to the member. Taxable Amount $189,108.98 Sales Tax 0.00% $0.00 Subtotal $189,108.98 Bond* 2.55% $0.00 Contingency Monies $0.00 Project Total $189,108.98 TOWN OF FOUNTAIN HILLS 4 Z TOWN COUNCIL rAGENDA ACTION FORINT 17//t� 7), hat is A Meeting Date: 1013l2017 Meeting Type: Regular Session Agenda Type; Regular Submitting Department: Community Services Staff Contact Information: Rachael Goodwin, 480 815-5135, rgoodwin@fh.az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF awarding CONTRACT (C2018-056) to Christmas Light Decorators for the Town's holiday lights, in an amount not to exceed $50,000.00 annually, with four one-year renewal options for an aggregate of $250,000.00; and authorizing a BUDGET TRANSFER front the General Government Contingency Fund to the Downtown Strategy bund, in the amount of $19,550. Applicant: Applicant Contact Information:. Owner: Owner Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: Staff Summary (background): The annual lighting of the Avenue for the holiday season is a Fountain Hills tradition. Our existing contract for lighting services was bid in 2012 and expired in August, 2017. Staff rebid this project as a Request For Proposal to allow decorators to reimage the look and feel of the seasonal lighting. Direction was given to include palm tree wrapping, roof line lighting for municipal buildings, refurbishment of a portion of the holiday ground displays, and the addition of a Christmas tree. Four proposals were received and reviewed. Staff recommends contracting with Christmas Light Decorators. Their concept for the avenue lighting includes traditional tree wrapping along the eooridor and use of 30 exististing, Town -owned ground display items. In addition, greenery displays, lighted ramadas, lighted caricatures, a walkthrough display and a 24ft Christmas tree will be added to the display. The proposal received from Christmas Light Decorators offers a wide range of decor and displays. The Town budgeted $30,350 for this contract; however due to the redevelopment of the Avenue and the increased number and size of trees, as well as general economy increases, this budget does not fund the minimum staff recommendations for holiday lighting. In order to maintain the standard holiday lighting expectations along the avenue, staff recommends an increased minimum budget of $50,000 annually. The funding difference is proposed to be supplemented through the General Government Contigency Fund. If approved, staff will finalize the Performance Services Agreement and the Town Manager will execute the holiday lighting contract. Risk Analysis (options or alternatives with implications): Reduced funding will reduce the scope of the holiday lighting display along the Avenue of the Fountains. Fiscal Impact (initial and ongoing costs; budget status): $50,000.00 annually, with four one-year renewal options for an aggregate of $250,000.00 Page 1 of 2 Budget Reference (page number): Funding Source: Multiple Funds If Multiple Funds utilized, list here: General Fund and Downtown Fund Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): Mone Staff Recommendation(s): Staff recommends accepting the proposal for holiday lighting. List Attachment(s): Price Sheet, original proposal, budget tranfer form SUGGESTED MOTION (tor council use): Move to award the Holiday Lighting contract to Christmas Light Decorators and authorize a BUDGET TRANSFER from the General Government Contingency Fund to the Downtown Strategy Fund in the amount of $19,654. Prepared by: NA 1 17 Director's Approvaf~' Rachael Goodvvi o rPtun ty Services Director 9/20126-17 Ap od: rally Muller, Town Ma er 911912017 Page 2 of 2 Town of Fountain Hills Holiday Lighting Renderings provided by Christmas Light Decorators 69. wAw AN J Wit: - a!!� - _�.x 5► -- 7� 1 Osloii } r ~flet 1 - 4� �,� - � b .� '' .e��f�lf• �1y f �Ito r • • r a 5 + ` J a Y�� yy • i fq f.. ` fi� t ^ � ► r k, _ 1 I -, tl � _ _ � � � �•s it � . ._ '"�.— - i - � - � . ,� L r , ''', - f �� _ `� � -. 05/20/2017 13:53 TOWN OF FOUNTAIN HILLSF I BBogdan BUDGET AMFMMENTS JOURNAL ENTRY PROOF lbgamdent LN ORG OBJECT PROJ ORG DESCRIPTION ACCOUNT DESCRIPTION PREV BUDGET AMENDED ACCOUNT LINE DESCRIPTION EFF DATE BUDGET CHANGE BUD -GET ERR YEAR -PER JOURNAL EFF -DATE REF I REF 2 SRC JNL-DESC ENTITY AMEND 2018 03 46 09/20/2017 HOLIDAY BUA LIGHTS I a I GENAD 7010 GENERAL GOVERNMENT ADMIN CONTINGENCY 1,094,634.64 -19,650.00 1,074,9B4.64 JOG-10-15-110-100-0106-7DIG- HOLIDAY LIGHTING INCREASE -BID 09/20/2017 2 DDAD 15417 DOWNTOWN DEVELOP -ADMIN HOLIDAY LIGHTING 30,350.00 19,650.00 50,000.00 3tO-10-10-107-10G-0206-6427- HOLIDAY LIGHTING INCREASE -BID 09/20/2017 ** JOURNAL TOTAL 0.00 z APPROVED: MAYOR DATE: 69/20/2017 13:53 TOWN OF FOUNTAIN HILLS BEogdan BUDGET AMENDMENT JOURNAL ENTRY PROOF CLERK: BSogdan YEAR PER SRC ACCOUNT EFF DATE 3NIL DSSC REF 1 REF 2 2€718 3 48 BUA GENAD-7010 09/2012017 LIGHTS HOLIDAY BUA. DD.AD-6417 09/20/2017 LIGHTS HOLIDAY ACCOUNT DSSC T OB REF 3. LINE DSSC CONTINGENCY 5 T HOLIDAY LIGHTING INCREASE -SID HOLIDAY LIGHTING 5 T HOLIDAY LIGHTING INCREASE -BED JOURNAL 2018/43/48 TOTAL n 2 bgamdent DEBIT CREDIT 19,650.04 19,650.06 06 .60 Proposal Provided by: Christmas Light Decorators Sales Rep: PO Box 21141, Mesa, AZ 85277 Gary Ludlow (480) 967.1122 PH. 1 (480) 967-1120 FX. www.christmaslightdecorators.com I sales@cldaz.com Date: 0911912017 Project Name: City of Fountain Hills Project Address: 16566 - 16878 E. Ave of the Fountains Customer Contact Name & Phone: Rachael Goodwin, 480-816-5135 Customer Email: rgoodwin@fh.aa.gov Billing Address: 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268 Quantity Price Description Total South Median at La Montana Dr. & Avenue of Fountains 2 $ 162.00 LWDecorated Holiday Garland - Classic Decor Package $ 324.00 6 $ 34.30 18" Red Canvas Bows $ 205.84 Lease/Install/Remove: Fully decorated and lit Classic. Decor garland swaged $ 6.01 sales tax across top of metal fence structures near North and South Entrances to fountain area. Bows placed at peak of garland swag - 2 $ 157.50 3' Sprays - Classic Decor Package $ 315,04 Lease/install/Remove: Fully lit & Classic Decor 3' sprays hung on stonelmetG $ 3.57 sates tax columns at North and South Entrances to fountain area. Fountain Across street from Chen's Garden 2 $ 162.04 Lit/Decorated Holiday Garland - Classic Decor Package $ 324.00 6 $ 34.30 18" Red Canvas Bows $ 205.80 Lease/Install/Remove: Fully decorated and lit Classic Decor garland swaged $ 6.01 sales tax across top of metal fence structures near North and South Entrances to fountain area. Bows placed at peak of garland swag. 4 $ 157.50 3' Sprays - Classic Decor Package $ 630.00 LeaselfnstalllRemove: Fully lit & Classic Decor 3' sprays hung on stonelmet� $ 7.14 sales tax columns at North and South Entrances to fountain area. North Fountain at Verde River Dr. & Avenue of Fountains 2 $ 162.00 Lit/Decorated Holiday Garland - Classic Decor Package $ 324.00 6 $ 34.30 18" Red Canvas Bows $ 205.80 LeasellnstalllRemove: Fully decorated and lit Classic Decor garland swaged $ 6.01 sales tax across top of metal fence structures at entrance to fountain area. Bows placed at peaks of garland swag. 2 $ 157.50 3' Sprays - Classic Decor Package $ 315.00 LeasellnstalllRemove: Fully lit & Classic Decor 3' sprays hung on stonelmetr $ 3.57 sales tax columns at Entrance to fountain area. Page 1 of 4 U1��� Proposal Provided by: Christmas Light Decorators Sales Rep: C' PG Box 21141, Mesa, AZ 85277 Gary Ludlow U (480) 967-1122 PH. 1 (480) 967-1120 FX. www.christmaslightdecorators.com I sales@cldaz.com Date: Q� 09/1912017 �ORp. Project Name: City of Fountain Hills Quantity Price Description Total South Fountain at Verde River Dr. & Avenue of Fountains 2 $ 162.04 Lit/Decorated Holiday Garland - Classic Decor Package $ 324.00 6 $ 34.30 18" Red Canvas Bows $ 205.80 LeasellnstalllRemove: Fully decorated and lit Classic Decor garland swaged $ 6.01 sales tax across top of metal fence structures at entrance to fountain area. Bows placed at peaks of garland swag. 2 $ 157.50 3' Sprays - Classic Decor Package $ 315.00 LeasellnstalllRemove: Fully lit & Classic Decor 3' sprays hung on stonelmete $ 3.57 sales tax columns at Entrance to fountain area. 1 $ 390.00 Baby Polar Bear $ 390.00 2 $ 1,132.50 Large Parent(s) Polar Bears $ 2,265.00 Lease/install/Remove: Polar bears next to stone bench $ 30.11 sales tax Fountain near Sofrita 1 $ 5,500.00 16ft. Walk-Thru Gift Box Arch (Goldwin Gate 500) $ 5,500.00 Lease/Install/Remove: 16ft. Walk-thru Arch with LED lights $ 62.37 sales tax 2 $ 162.00 LitlDecorated Holiday Garland - Classic Decor Package $ 324.00 6 $ 34.30 18" Red Canvas Bows $ 205.80 LeasellnstalllRemove: Fully decorated and lit Classic Decor garland swaged $ 6.01 sales tax across top of metal fence structures at entrance to fountain area. Bows placed at peaks of garland swag. 4 $ 157.50 3' Sprays - Classic Decor Package $ 630.00 LeasellnstalllRemove: Fully lit & Classic Decor T sprays hung on stonelmet� $ 7.14 sales tax columns at Entrance to fountain area. Fountain at Saguaro Blvd. & Avenue of Fountains 1 $ 6,200.00 24ft. Holiday Tree - Classic Decor Package (20' tree, 4' topper) $ 6,200.00 LeasellnstalllRemove: 2011. Holiday tree installed on top of highest Fountain. $ 70.31 sales tax CLD will build and provide custom base 2 $ 152.00 LitlDecorated 9' Holiday Garland - Classic Decor Package $ 324.00 6 $ 34.30 18" Red Canvas Bows $ 205.80 Lease/install/Remove: Fully decorated and lit Classic decor garland swaged $ 6.01 sales tax across top of metal fence structures at entrance to fountain area, Sows placed at peaks of garland swag. Page 2 of 4 U.4— - Proposal Provided by: Christmas Light Decorators Sales Rep: PO Box 21141, Mesa, AZ 85277 Gary Ludlow (480) 967-1122 PH. 1 (480) 967-1120 FX.www.christmaslightdecorators.com I sales@cldaz.com Date: 09119/2017 Project Name: City of Fountain Hills Quantity Price Description Total 2 $ 157.50 3' Sprays - Classic Decor Package $ 315.00 LeasellnstallfRemove: Fully lit & Classic Decor 3' sprays hung on stonelmetE $ 3.57 sales tax columns at Entrance to fountain area. Avenue of the Fountains - General 30 $ 275.00 Installation of 2D Wire Frame Ground Displays $ 8,250.00 Install/Remove 8 $ 181.64 Ramada Shade Structure C-7 LED Warm White Lighting (70.2') $ 1,453.12 LeasellnstallfRemove: C-7 LED warm white lighting to edge of ramada $ 16.48 sales tax shade structures in fountain area. 8 $ 145.00 Ramada Shade Structure Light Spheres - LED Warm White $ 1,160.00 Leas ell nstalllRemove: LED warm white spheres attached to the high $ 13.15 sales tax points of ramada shade structures. 33 $ 235.00 Tree Lighting - Palms $ 7,755.00 LeasellnstallfRemove: LED warm white mini lights installed on palm trees $ 87.94 sales tax 5 $ 835.00 Tree Lighting - Large Trees $ 4,175.00 LeasellnstallfRemove: LED mini lights installed on trunk and branches of tret $ 47.34 sales tax Appx 30-40 strands per tree 10 $ 315.00 Tree Lighting - Medium Trees $ 3,150.00 Lease/Install/Remove: LED mini lights installed on trunk and branches of tref $ 35.72 sales tax Appx 15-30 strands per tree 5 $ 405.00 Cluster Lights - Medium Trees $ 2,025.00 Lease/Install/Remove: LED cluster lights installed throughout canopy $ 22.96 sales tax Appx 20-25 strands per tree 14 $ 115.00 Tree Lighting - Small Trees $ 1,610.00 LeasellnstallfRemove: LED mini lights installed on trunk and branches of tret $ 18,26 sales tax Appx 6-10 strands per tree Town Hall Building 1 $ 1,423.13 2 Town Hall Lighting - Purple bulbs only $ 1,423.13 LeasefinstalllRemove light line $ 16.14 sales tax Purple bulbs provided by Town of Fountain Hills Available for lighting as of Oct. 1, 2017 thru Oct. 31, 2017 1 $ (1,540.46) One time credit to maintain 2017 budget $ (1,540.46) Estimate Total: $ 50,000,00 Fuge 3 of 4 Proposal Provided by: Christmas Light Decorators Sales Rep: PO Box 21141, Mesa, AZ 85277 Gary Ludlow (480) 987.1122 PH. 1 (480) 967.1120 FX. www.christmaslightdecorators.com I sales@cldaz.com Date- C� ,0 V �0 09/1912017 Signature of Authorized Agent at Christmas Light Decorators; Gary Ludlow, VP Sales, September 19, 2017 NOTES: Proposed Pricing Is Good For 45 Days From Dake Of Proposal - Items above are examples and the quantities may be adjusted up or down as desired. - All Items Proposed Are Subject To Availability. , -- 50% Deposit Is Due Within 30 Days of Approved Proposal To Lock In Your Installation Date. -- Leasing Includes Installation, Maintenance Throughout The Holidays, and Removal at End of Season. -- Proposal Assumes Adequate Power For Lighted Items. -- Power Availability is The Responsibility of The Customer. -- Christmas Light Decorators is not responsible for damage or repairs needed due to vandalism or landscaping. If Proposal Is Approved Please Sign Below and Email Signed Approval To: approvals@cldaz.com Authorized Signature and Title: Page 4 of 4 Date: COPY of ORIGINAL Town of Fountain Hills "Holiday Lighting and Ground Displays" Response to RFP Solicitation CS 2018-03 Proposal created by Christmas Light Decorators !VP Sal6'sSeptember 5, 2017 arc Firm Experience & Qualifications ^ <IN U Christmas Light Decorators (CLD) is the premier commercial holiday Fighting and decorating company in Arizona and one of the largest in the Southwest. Since our founding in 1989 we have increased our knowledge, capability, and expertise to be- come an industry leader. Last year we employed a peak workforce of more than 75 people during the holiday season and decorated over 13 municipalities in Arizona and over 340 com- mercial locations of varying size and complexity; all without missing a deadline. Cour combined expertise consists of coordination of major installations, project management and scheduling, warehouse management, product design, development and sourcing, RGB programming, graphics design along with many other skills that are valuable assets for the holiday event in- dustry. Each year we travel to Europe and China and partner with manufacturers creating the new- est and most exciting holiday decorations and lighting elements. We work with these suppliers to design, test and then directly import these products so we are the first to bring them to mar- ket. These relationships allow us to provide not only traditional holiday elements but also very unique, new; and custom d6cor and lighting elements found nowhere else in the world. The combination of our resources and industry experience allows us to be agile and competitive in both the design and delivery of the greatest holiday experiences for our clients, With ongoing market research and product development we are setting the stage for the holiday event in- dustry now and in the future. The Town of Fountain Hills, nestled in the natural beauty of the surrounding landscape and complimented by the spirit of its citizens, creates a perfect opportunity to create an exciting and memorable holiday experience year -after -year. Already recognized as "a welcome oasis on the outskirts of a metropolis," our expertise and creativity combined with your vision will help make the Town of Fountain Hills an attraction people will journey to see while using social media to invite family and friends so they too can share in the joy and delight of the season. The successful meeting of deadlines and exceeding your citizens' expectations is critical. With 28 years in the industry, we know how to overcome the challenges involved in complex projects enabling us to meet and exceed expectations. Making the Avenue of Fountains a destination is the goal and working together with CLD will help make the "Stroll in the Glow" priceless for all who visit! Point of Contact at Christmas Light Decorators Gary Ludlow Office: 480-967-1122 Mobile: 480-235-1300 (call or text) Email: gary.ludlow@cldaz.com Firm Clients Experience with major projects 1. Glendale Glitters (since 2000 -present) We have provided lighting for Glendale for the last 17 years. Glendale put their program out to bid for a five year period beginning holiday season 2016-2017 and CLD won the contract again. We have seen the program grow from just Murphy Park to include the main roads downtown and Catlin Court. We are continually updating the appearance and design to keep the look fresh and captivating. In 2014, we converted the entire program to all LED lights. The Glendale Glitters project boasts more than 1.5 million lights. 2. City of Prescott (2005 -present) Prescott has decorated the historic courthouse for at least 40 years. It has become a local tradi- tion for approximately 20,000 people to gather together for the annual holiday lighting program on the steps of the courthouse the first Saturday of each December. The scope of work has contin- ually increased until we now light over 100 trees around the courthouse, we not only decorate the trees, but light the historic courthouse itself, wrap 20 columns, and install an artificial tree over a fountain along with an array of other decor and lighting. 3. Ahwatukee Festival of Lights (2007 -present) We provide a two-mile long display that has exceeded their expectations and reduced power consumption by 33%. We are responsible for all areas of the installation of lights on desert trees on eight medians throughout the Ahwatukee Foothills area. Trees are illuminated in all LED clus- ters and trunk wraps. There are approximately 300 desert trees, cactus, and shrubs. The total overall light count is about one million. CLD currently provides lighting and or decor for cities in Arizona including City of Phoenix City of Mesa City of Sedona City of Chandler City of Glendale City of Prescott City of Scottsdale Town of Tempe City of Sahuarita Town of Show Low Town of Peoria City of Surprise City of Queen Creek Ahwatukee, Urban Village A subset list of current commercial customers includes: Tanger Cutlets Arrowhead Mall Happy Valley Marketplace Metro Center Mall Scottsdale Quarter Westgate American Express Westin Kierland Kierland Commons Cityscape Talking Stick Resort ---Casino Arizona Montelucia Resort & Spa Firm References Heidi Barriga, City of Glendale phone: 623-930-3063 email: hbarriga@glendaleaz.com • Type of Service: Lighting and decor with event support • Contract Start: 2415 • Contract Stop: 2419 Karen Churchard, City of Scottsdale phone: 480-312-2394 email- kchurchard@Scottsdaleaz.gov • Type of Service: Lighting and decor with event support • Contract Start. 2017 • Contract Stop: 2022 Adam Jones, downtown Tempe phone: 480-355-6070 email: adam@downtowntempe.com • Type of Service: Lighting and decor with event support • Contract Start: 2015 • Contract Stop: 2020 I '"" Firm Locations and Resources Z00R A,10/ Christmas Light Decorators Warehouse, Fleet and Equipment MAIN OFFICE LOCATION: 8831 E Apache Trail, STE 1 A Mesa, AZ 85207 480-967-1122 Phone 480-967-1120 Fax sakes@cldaz.com Web Address: christmaslightdecorators.com WAREHOUSE LOCATION: 5215 E SUGARLOAF CIRCLE MESA, AZ 85215 Our warehouse is located 20 minutes from downtown Fountain Hills. 40,000 Ft of Climate controlled warehouse space for storage of holiday decor. All leased and city owned items may be stared at this location for the duration of the contract. TRUCKS/LIFTS uantit Description 11 45 -foot Bucket Trucks 6 Pickup Ladder Trucks 3 Trailers 4 24 -foot Box Trucks with loading gates Various 60 to 110 foot lifts Status Own Own Own Lease Lease CLD will not be using any subcontracted labor so that we can control both the schedule and quality of the project management. M Project Approach In the design of the lighting in each individual area, we drew upon our recent business trips around the world to capture the best elements available in the holiday event decorating market. just this year we have visited manufacturers in various European countries, China, and Mexico to see their quality firsthand and ensure that we are able to provide the best products in the world for the best pricing. We used our creative license and our extensive resources in the holiday decor market to develop unique designs for each of the six plazas, as well as the areas along the path between the pla- zas, to both capture the imagination and stimulate the emotion of those who pass along the Avenue of Fountains as they Stroll in the Glow. The most important trend to follow in the event and holiday decor industry is interactivity. We have focused our decor and lighting in 3 areas, ambient lighting, visually stimulating displays that accent the local architecture and proprietary "selfie stations" that draw crowds with cell phones ready to market the highlights of the holidays on their social media accounts. One of our clients expe- rienced the amazing social media attention of 50,000+ posts due to the addition of just one of these elements within their program. Due to the constraints of the contract specifications, we have focused our attention on the key ele- ments we feel would build a base for future events and design development, but have also included a additional suggested items in each section of elements that would attract the attention of excited hol- iday event attendees with an eye towards spurring the local Fountain Hills economy by drawing me- dia attention through both traditional and social networks. We are the exclusive distributors in the United States for a number of the items along with hundreds of other elements which are available for purchase or lease. Have you ever seen your work associates turn giddy? We encourage team members, and any council members who may be interested, to come to our offices in North Mesa where it is Christmas all year! Our offices include a conference room with wreaths, garland, and sprays decorated with sample ornament packages and lights. The adjacent product showroom shows off additional items form our catalog and we often have larger elements staged in our on-site attached warehouse, Come and appreciate the visual scope and emotional impact of these life-size items. Each year multiple mu- nicipalities re -visit us to catch a live glimpse of any new and exciting items they can add or swap within their lease. Either way, we feel that it would be beneficial to bring our team in for a presentation to discuss the possibilities of the program in further detail. Project Approach: Outline Below is an aerial view of Avenue of the Fountains where those visiting the Stroll in the Glow are anticipated to begin their experience at plaza one and proceed on through to plaza six. The vision is to progress from plaza to plaza with visual pleasure and then to slow and maybe spend time at each plaza to take pictures, portraits, and selfies while socializing with others. In some plazas, there will even be opportunity to interact with some of the decor? The themes for the plazas are outlined as follows: 1 j Welcome sign of Seasons Greetings with a gentle family of lit deer amid the desert foliage 2) Ornament Stack with an interactive photo Ornament booth, overhead lighting 3) Polar Cap with Candy Canes accompanied by lit Polar Bears and Penguins 4) Big Ornament with friendly Topiary Reindeer Greeters for additional photo opportunities 5) Santa's Plaza is the next -to -last stop expansive and filled with decor to delight including full - height nutcrackers, a walk-thru ornament, Santa's Sleigh, Selfie Pods, and, for the night of nights, Santa's Chair 6) The Tree of Trees stands at the top fountain sharing it's nurturing waters to the fountains be- low, accompanied by additional nutcracker soldiers and large wrapped presents with bows on top causing anticipation as the season progresses. Between these plazas are an assortment of existing wire frame ground displays (courtesy of the Town of Fountain Hills), lit trees, decorated canopies over seating areas, and other decor to main- tain the enthusiasm and holiday spirit as visitors pass Stroll in the Glow down the Avenue. Project Approach: Entrance at Plaza 1 The Stroll in the Glow begins at the West -most Plaza with a "Seasons Greetings" complimented with a fami- ly of lighted deer. As visitors begin their stroll, they will witness beautiful lighted sprays on the columns and garland with bows on the adjacent walls OM Canopy areas also receive a treat- ment of warm white lights allowing visitors to stop, rest, and chat in the festive ambiance. Project Approach: Plaza 2 ��� U As visitors stroll from plaza to plaza, they are treated to an assortment of ground C� .4 A�© elements including the 2D wire frame displays provided by the Town of Fountain Hills (see examples below). These are a warm reminder of the holiday heritage of the town residents and are a joy for children who can quickly identify each of the depicted scenes. These lower ground displays are surrounded by smaller and larger lighted trees with colorful trunks and lighted branches; some including light clusters within the tree's canopy (note: the picture at right provided in the ,AFP is from CLD's lighting of Fountain Hills clear back in 2004). As visitors enter the first plaza, they are _jreeted by a beautiful stack of ornaments highlighted by the fountain lights below and the overhead lighting above. The plaza in- cludes overhead lighting for all areas and the first themed selfie opportunity; a sit-in orna- ment! (right and below) Our sit-in ornament has a bench seat and is a beautiful compliment to the ornament stack. At a recent expo we attended in Dallas, this sit-in ornament was an attendee fa- _a_vorite with selfie and group photos taken 1 by almost every passer-by. during the ex- po, a local TX city (Grapevine) purchased this ornament right from our booth to use in their 2017 display. Project Approach; Plaza 3 U -.4 In various other areas adjacent to the Stroll in ��� �0 the Glow, additional ground display elements are used to create a sense of wonder. Above is a tunnel of lights and to the left is a regal family of deer. At the next plaza, just West of Verde River Drive, is the Polar Cap that will entertain both the young and those that bring them! The plaza is complete with Candy Canes in the fountain, lighted/glowing Penguins, and lighted/glowing Polar Bears. All areas of this plaza are great for pictures. Children can touch the penguins and polar bears and both are great for selfie opportunities. There is also a sample lighted reindeer pole decoration in the background representing an optional treatment for all light poles. Other lighted designs are available to mix and match down the Ave. Project Approach: Plazas 4 and 5 Crossing over to the East side of Verde River Drive is an elegant plaza with a seven foot tall ornament that will catch the eye of walkers and drivers alike! It is watched over by two Topiary Deer Greeters with Red Jackets provid- ing yet another photo op- portunity visitors will interact with and enjoy! Between this plaza and the final two plazas, the Menorah and Star of David will be placed in their traditional locations. The stroll continues to the next interactive photo -op experience of Santa's Plaza! This plaza in- cludes two six foot Nutcracker sentinels welcoming visitors into the magical place that includes Selfie Pods of a Snowman and a Gingerbread man (other options available), a giant lighted Walk - thru Ornament between the two rectangular fountains leading to the Santa experience, a full size Santa Sleigh which can be used for Santa and left all season long for family photo ops, along with space for an optional Santa Chair (in addition to Two more Nutcrackers stand tall at the East side Room is also available for plazas (tbd by the Project Approach: Plaza 6 After visiting Santa's Plaza, the stroll leads visitors to the culminating plaza guarded by two seven - and -a -half foot Nutcracker sentinels watching over a grand twenty foot tall tree fully lighted and decorated in the splendor of the season. At the foot of the towering tree are giant gift boxes that will awe children of all ages (yes, even us older children) and inspire thoughts of what Santa could pos- sibly fit under their beautiful wrapping and bows! Project Approach: Ave. Pole Banners iM We have the ability to print fully customized digital banners for our clients. Above is an example of banners we helped design for the City of Phoenix, which include a company's logo printed at the bottom. These banners were sponsored by businesses along Central Ave., requiring no extra cost for the City. This is just one example of how Cities benefit from partnering with our company, using our vast base of knowledge and experience. Pricing depends on banner size and design selected. Project Schedule: Timeline I. Contract Award Date ................................................... October 3, 2017 11. Tree Installation Date ............................ on or before October 27, 2017 111. Decor Preparations ............................. October 4—November 15, 2017 IV. Display Installation .............................on or before November 29, 2017 V. Pre -Ceremony Checks .................... Morning /Day of December 2, 2017 VI. Avenue Lighting Ceremony Support.........................December 2, 2017 VII. Maintenance .............................................. throughout holiday season (between the start and end dates of the holiday lighting) VIII. Removal of lights and decor .................. on or before January 11, 2015 (or as otherwise directed or approved by Town, in its sole discretion) Appendix 0 ' O,0 Item................................................................................................................ Page Number{s} 1. Vendor Information Form..................................................................................................... 16 2. Key Staff and Certifications............................................................................................. 17-19 3. Arizona Certificate of Good Standing................................................................................... 20 4. Town of Fountain Hills Business License............................................................................. 21 Vendor Information Form TOWN OF FOUNTAIN EIILLS ('i)NINIl: t`ITY SERVICES DEPARTMENT SECTION A CS 2018-03 PAR "V 111. VENDOR INFf)Tt-M,-iTION 1=C3RIA RN srrhittittin&) a Proposal. the stthmitting Vendor certifies that it has revic%%Cd the adininistrative inl'ormation and draft ol' the Professional :Semic:es A4-reernent's terms and conditions and. il' aN arded the A,-,reement. a ryes to he bound tltcreio. Credit Management Group LLC 90-0283432 DBA: Christmas Light a corators VL` DOR S1,W01-1-1 INN PROPOSAL FFDFRA'k 1'AX II3 M. -M ER Gary Ludlow _ VP of Bales PRIM ILD NAM F. `\ND C Il I.F PQ Box 21141 .1I)l)RLSS Mesa AZ 85277 C'1TY STATF ill l_I F)RIr�CDICi�+;''1�[�C�ftf= 480-967-1122 480-9617-1120 .I V I I .PHONE FAX 4' 915117 DATI WEB SH L: christmaslightdecorators-com E-MAIL A1)DRl SS: gary.ludlow@cldaz.com SO4IALL. '01NORI VY. DISAD5? AN'I'AGED AND A'0MLN-0WNFD Iit.,SINLS EN-TERPRISES (check appropriate item(~): Small Business Lnterprisc N inoritr Business Lnterprisc (MBL) Disadvantaged Business Fnierprise (DBE) Women-ONN ned Business Enterprise 0A'BF) Has the 'Vendor been certified h\ anN jurisdiction in Arizona as a minority or woman-o%vned business enterprise" - I1' e:s. please provide devils and documentation ol'tht certification. Key Staff Doug Topham Owner Doug received a BS in Me- chanical Engineering from the University of Utah and later received an MBA from Arizona State. Doug spent 7 years as an instruc- tor pilot in the United States Air Force in Texas and Ok- lahoma. Following the Air Force, Doug worked in the Financial Services industry for 11 years including 5 years at General Electric Capital Corp. In 2003, Doug fulfilled his life-long dream of working for him- self and purchased the Christmas Light Decora- tors. Luke Del Bianco General Manager Luke has a B.S. in man- agement from Arizona State University and an MBA in Global Manage- ment from Thunderbird. Luke has extensive expe- rience in the industry hav- ing started as an installer in 2003 while going to school and working his way up to director of sales and marketing. He has been a key part of the company's rapid growth over the years spear- heading the sale and management of many large and key accounts as well as vetting suppli- ers in Asia and Europe. �� Z`(Co P19 Aaron Farrelly Sales Director Aaron was born in San Diego, California, but has lived in Arizona for most of his life. He graduated Summa Cum Laude from Arizona State University with his B.S. in Supply Chain Management, and is currently attending Thunderbird School of Global Management, where he is pursuing a global management de- gree. He is married and has two children. Aaron enjoys attending concerts and has seen bands such as Black Sabbath, The Eagles, and Radiohead. He enjoys both playing and watching sports, and is an avid road cyclist and mountain biker. Key Staff (cont.) Linda Bernal HR & Accounting Clerk Linda not only takes care of our growing staff and policy needs, she also han- dles all accounts payables and receivables for our growing company. Before going into the accounting field, Linda worked in the medical field for 12 years and also served in the U.S. Army so she brings with her an array of experience in different fields. Linda re- ceived her B.S. in Account- ing from DeVry University She is a California native who moved to the valley in 2004. On her time off, Lin- da enjoys watching foot- ball, cake decorating, and spending time with her family. Richard Plascencia Operations Manager Richard was born in Fair- field California but has lived in the Valley of the Sun since 1990. He cut his teeth learning logistics while at Loomis Armored and in 12 years worked his way up from driver to Branch Man- ager. While at Loomis he was instrumental when Loomis Armored and Wells Fargo Armored merged to form Loomis Fargo, the sec- ond biggest Armored Car Company in North Ameri- ca. With a Client first men- tality and over 25 years of logistics, dispatch and scheduling experience, Christmas Lights Decorators customers are in great hands. He is Married with four kids and enjoys camp- ing and motorcycles rides in Northern Arizona. Gary Ludlow Sales Gary has over 30 years experience in national sales. Before that, Gary stated his career working for a general contractor so he brings experience in project management and crew leadership. His atten- tion to customers needs has set hien apart as a val- ued member of our sales team Gary is blessed by a loving wife, four wonderful chil- dren and three grandchil- dren. He enjoys Volleyball, softball, ultimate frisbee, and scuba (certified as both Dive Master and Res- cue Diver) 18 MMI, %ftw Key Staff (cont.) Alec Quarnberg Project Manager Born in Las Vegas, NV Alec moved to Arizona when he was 11. He is currently studying at Mesa Commu- nity College for his gener- als, after which he will transfer over to ASU for Supply Chain Management. Alec is recently married in August, 2017. Alec loves any outdoor activities espe- cially with his wife. Alec's preferred sport is long - boarding, but he also loves snowboarding and any water sport. However, at the end of the day he loves kicking back and watching a good movie. Certification/Recognition: Lift Operator Certified Eagle Scout Bilingual (English/Spanish) Jovanni Ramirez Warehouse Manager In the warehouse industry for over 10 years, Jovanni has been in warehouse management since 2012. A large portion of his spare time is spent with his four children and wife traveling around the states. Jovanni enjoys working on classical vehicles and attending car shows all over the US. He started his journey with Christmas Light Decorators as an installer in 2015, and was able to bring his experi- ence and knowledge to help structure the warehouse. Jovanni enjoys being a Warehouse Manager at Christmas Light Decorators because 1 am a part of a great team who prides themselves on getting the job done at the highest level of quality possible." Arizona Certificate of Good Standing Office of the CORPORATION CEIPI° NUSSIO CERTIFICATE OF GOOD ST_�7}LNG To all to whom these presents shall come, greeting: 1, Ted Vogt, Executive Director of the Arizona Corporation Commission, do hereby certify that ***CREDIT_4L4KAGEME. T GROUP, LLC*** a domestic limited liability company organized under the laws of the State of Arizona, did organize on the filth day of July 1999. I further certify that according to the records of the Arizona Corporation Commission, as of the date set forth hereunder, the said limited liability company is not administratively dissolved for failure to comply with the provisions of A.R.S. section 29.601 or seq., the Arizona Limited liability Company Act; and that the said limited liability company has not fled Articles of Termination as of the dare of this certificate. This certificate relates only to the legal existence of the above named entity as of the date issued. This certificate is not to be construed as an endorsement recommendation, or notice of approval of the entity's condition or business activities and practices. 1N WITNESS WHEREOF, l have hereunto set my hand and affixed the official seal of the Arizona Corporation Commission. Done at Phoenix, the Capital, this 31st day of August 2097, A. D. Ted Vogt, Executive Directox By: 1724867 a ZOORA Q9 Town of Fountain Hills Business Licens Town of Fountain Hills New Business License Status: Submitted and Pending In the name of Credit Management Group LLC, DBA Christmas Light Decorations t. Avorvju ot the Fountain Mills. AZ 85268 (480) 816-5100 New Business License 50.00 5100 Acct/Lic#: NEW Business Name: CREDIT MANAGEMENT GRUUP LLC DBA CHRISTMAS LIGHT UE SubTotal: 50.00 Total: 50.00 Check 50.00 Number : 10686 8/31/2017 11:45 #0122953 /13/10 Receipt #: 162718 Town of Fou"ItaiFl HOIS (license submission receipt) TOWN OF FOUNTAIN HILLS TOWN COUNCIL o �� /:, , -,, , 7 q AGENDA ACTION FORM Meeting [late: 1013/2017 Meeting Type: Regular Session Agenda Type: Regular Submitting Department: Community Services Staff Contact Information: Rachael Goodwin, 480 816-5135, rgoodwin@fh.az.gov REQUEST TO COUNCIL, (Agenda Language): CONSIDERATION OF of awarding the CONTRACT to Bluecor Contracting, in the amount of $2,162,956.01, for the construction of the Adero Canyon Trailhead. Applicant: Applicant Contact Information: Owner: Owner Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: Staff Summary (background): The invitation for bid for the Adero Canyon Trailhead was released on June 7, 2017 with advertisements placed in the Fountain Hills Times and the Arizona Business Gazette as required by law. The bids were for the construction of the Trailhead with two bid alternates, one for temporary utilities and a second for an automatic gate system. Bids were received and opened on July 17, 2017. The low bidder was Blucor Contracting with an original base bid of $1,926,310.05. Total costs for base bid, owners allowances, force accounts and add alternates was $2,407,125.10. The additional bidders were Banicki Construction and SDB Contracting Services. After a panel review, line items were reviewed and negotiated by staff and commissioners to streamline the project as effectively as possible. After reductions, the total for the base bid, owners allowances, force accounts and add alternates was agreed at $2,331,307.06. The bid alternate for temporary utilities will not be undertaken as part of the trailhead, reducing the final scope to $2,162,956.01.See attached bid tab for line item details. A total of $2,285,000.00 was budgeted for this fiscal year for the project of which $1,824,599.00 came from Development Fees and $460,401.00 from CIP Funds. Currently there is an available budget of $2,164,606.46. Risk Analysis (options or alternatives with implications): Not using the Development Fees by 2020 would result in the Town forfeiting all funds. Fiscal Impact (initial and ongoing costs; budget status): It is estimated that operation costs will run between $5,000.00 - $12.,000.00 after the site is open and operational. Budget Reference (page number): 370 Funding Source: Multiple Funds It Multiple Funds utilized, list here: Development Fees and CIP Funds Page 1 of 2 Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): The McDowell Mountain Preservation Commission is in favor of accepting Blucor Contracting's bid. Staff Recommendation(s): Staff recommends accepting the bid. List Attachment(s): Signed bid and bid tab. SUGGESTED MOTION (for Council use): Move to award the CONTRACT to Bluecor Contracting in the amount of $2,162,956.01 for the construction of the Adero Canyon Trailhead. Prepared by: NA 9119/2017 Director's Approval: z ac a win, comu Services Director 9/2072017 Ap ro ed: Grady E. Miller, To n Ma gar 9/20/2017 Page 2 of 2 Adero Canyon Trailhead Construction Bid Documents Adero Canyon Trailhead Site Location Adero Canyon Trailhead ��f lx �T'" engin eering and en" a nfal design Master Plan - 2006 Walk/Drive Through the Trailhead �wsloPa h _ Srni Cemtrrt !, r' Raadway t.. „u . tt^ • Hes/C. Dl Dg Zane 4. :. Adero Canyon Trailhead 1 M4 � 4 Gsu�age �, {leadwauc S.nl C . • � r � 1 a ./F% T p� � SLb�ieed Ganite pyo' 1 A t 2 9nj Gates to Match � Subd+�isian'fi,eme - � • .Y � � Enty Monument -Tr Treddlr ` Signage an GabV'an 9 ?C' k©' \ aa�kat 1i .j EnhancedPwement �E.� oa,�,<<c Scale: 1"-20' Brick Paver Date: 10/05/03 Hou deAscesc 7 Control Area TOWN OF FOUNTAIN HILLS CENTRAL TR41 YFAD AM Adero Canyon Trailhead 1 M4 J(AfN xIf{t,P 0 H I '41464cif Ix ll:'" eng)—aring and en vtronmenlal dealgn F2 —K WO, Gsu�age �, {leadwauc S.nl C . r � � SLb�ieed Ganite waikwa y 2 9nj Gates to Match � Subd+�isian'fi,eme - � • .Y � � Enty Monument -Tr Treddlr ` Signage an GabV'an 9 ?C' k©' \ aa�kat 1i .j EnhancedPwement �E.� oa,�,<<c Scale: 1"-20' Brick Paver Date: 10/05/03 Hou deAscesc 7 Control Area TOWN OF FOUNTAIN HILLS CENTRAL TR41 YFAD MA9 TSR PLAN J(AfN xIf{t,P 0 H I '41464cif Ix ll:'" eng)—aring and en vtronmenlal dealgn Roadside Re -Vegetation w Salvaged Surface Soils w Revegetation Seed Mix w Salvaged Boulders - SEEDING LILL FS/ESTIMATED pl$TQR9ANrE LIMRS LINE. 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I RE J I r- _ BulDING LcBr4N 6IETANKRW,LS CUSTOM RAMPDA=+r _Ay+N SEE PAD LAYOUT I CANYON TA,u4EAD SITE DESIGN 1 PACMAGE (TYP ) a y t%/i r„1i/J1�r111Pf�` SEEDING LINTS/£5 WATED ;. DISTURBANCE LIMITS LINE A SEE SPECIFICATIONS FOR sl. MI% DEDICATED PARKS DISTURBANCE AREA & HILLSIDE PROTECTION LIMIT- A8SOLUTELY NO hhh DISTURBANCE BfY0N6 THIS UMTT 1. 1” is SET. 2 CONT.. PLOW SE SEE +, MATE MATER E I S SEE SALVAGE Adero Canyon Trailhead rr 4 �--SEEDING Um(I'S/ESTRArED OISTURBANCE LIMITS U++E. SEE 5PEIFICATKAIS FOR SEED MI% \— DEDICATED PARKS DISTURBANCE AREA & HILLSIDE PROTECTION LIMIT- ABSOLUTELY NO DISTURBANCE BEYOND THIS LIMIT l� Al IN xIf{ts c p H zf lx ll:'" eng In earl ng and en vironme nfal design Parking Areas w Wash Preservation and Enhancement Walkway Connections w ADA Accessible Stalls and Walkways w Bus Drop Off School w p g Asphalt Parkin Drive Attendance/Parking Non School Days w Grade Nestled into and Behind Outcroppings 'V' NOTCH IN p Y CV 3:02 i t ff I s SHEE T - qy%! ACCESS TO POTENTIAL _ - =` FRITURE QVERFLOA' SITE y 247 rryJ ���.f i` ��.if��if.�l l��f�- �✓ -�+ �- s-�--.-"�-'= �FSi15 T9N��.8 f11dRlY �. � 1f �P F '113SIH V-3.02 O ! REM$aGUARO TO A �f TO REMAIN }•ti PARKS DISTURBANCE AREA EASEME14T AND HILLSIDE PROTECTION EASEMENT { !c j EXISTING ODER {d `.. TO REMAIN I f ' t d I :il rl + Adero Canyon Trailhead J` EXIST INC HOUL DER €}UTCROPPING TO 1 REMAIN, MINIMIZE DISTURBANCE TO Y ROCK OUTCROP, 4L CONTROL LINE U,5aI CUT t • NATIVE GROUND - TH ST PI X ---4xrX f]LL, �*`SEATKALL ; f_ SCENIC QVERLOOK : I l7 �� AND PICNIC AREA 3.02ET ? • ': '`,r r� f � ;la 1 y0.5c1 CUT—RESTROOM BUILDING rr#- � �AROU TG�CE//S SIBgqXE. HIS SSHEETN 2€..� IN ALLIETIONS, �INv ELEv 2456.00 EXISTING $4ULDER OUTCROPPING --y-- 73 LR�'Ra5' B SEL TO REMAIN. MINIMIZE DISTURBANCE - CUT GAN OF IPE TO ROCK OUTCROP, GENCY ACC SS A5 RiETdT & ALI L]C UTILITY AS E englneering WA" a en" n 'al design Site Linkages m Literally 1000's Of Miles of Trail Linkages HII _ „ � .� 1 ` yr t',a�•y � � e.r jlnr n:l s) lAlYi MpWn[kk Y� e.ewn rrllaw � �. •2Y.e.y T��tl "� Rki Wrrrle l]r 6'1"f Wl4aTrlDALI Clrr ar aCOTiSOALI r U *•y nip �rwer _j lCOTTEOALE X�OWd.L . Srin{)RAX rRESERV4 nk r mm.kMnxWnmu 6n5Pµ lo. rrrl, " n+E I iti p�. IA.ra"`L r.r — � -� r LEGEND: Trails Parking Fountain Hills Connecting Trails Fountain I -1111s McDowell Mountain Preserve, Scottsdale McDowell Sonoran Preserve & McDowell Mountain Regional Park MARSfppA C/llln`rrr w; 1 r a e.i t WA'y"� W RE6MMAL PAP% 1M^4 c rnnnnnkw+ rr. oa k. c,.,.w ' L� rmti �"– � rowR of rounrAlH nYLYs I r1 ' � rrr •ry,,,� ��1 �WNTAIH HSISS ��m�Y X-YIXTAIH Pf H y PRESERVE p eFnmsMonm renHr pnm � rnvnv t. anoH nl,a Tt� map Is for geo al IrnwrnaY%,R P�P�s a"rY. Tna Torn W Fouruoln Ifs ®�. a S Imt warrant b ue y, tompkt S&. ar SLAWbNRy tw aAy Paft" NW'A. I I rats, I kLMaa ane o I—dass — app.A-M ami subject h" ah N.. Cppydght 2015 T— W F.."l Ifs, AAaona AN rIghN resenfad. NOT FOR RESALE_ 0 1.0 2,0 T—AF. F. =h Iws II Cm>,nwily S—i— D wrt—A 048"10400 Mile, tura "Ip— SALT RSVEP R "HUN ILOPA > IVRNER PI". "ARI TIHRRAIN 118 PA ?Aelb•A•eR Nnlmnin PRES ERIE a '` dy y� aox4 J�r R r`} i Yl r A' IN Take only photographs 4W'A leave only footprints 14a1 is h0op engin earing and en vtron .enrol dealgn Blucor Contracting Inc. BID ITEM NUMBER DESCRIPTION ITEM D UNIT ESTIMATED QUANTITY UNIT COST TOTAL 1 Mobilization/Demobilization LS 1 $117,053.81 $117,053.81 2 Earthwork Cut CY 4,248 $24.20 $102,801.60 3 Earthwork Fill (less required for gablon, retaining walls, pvmt sections, & riprap) CY 11,563 $14.50 $167,663.50 4 Aggregate Base Course (From MCO Stockpile to Site) CY 540 $9.50 $5,130.00 5 Asphalt Parking Pavement SY 2,320 $24.00 $55,680.00 6 Temporary Asphalt Entry Pavement (2" AG aver Corn pacted Suborade) S Y 74 $25.00 $1,850.00 7 Colored Concrete Pavement (Road, ADA Parking, Plaza Spaces, Walkway) SF 8,415 $4.30 $36,184.50 8 Colored Concrete Pavement (Walkway) SF 5,680 $3.00 $17,040.00 Concrete Ribbon Curb LF 2,185 $17-50 $38,237.50 10 Concrete Ribbon Curb With Wheel Stop LF 101 S163.50 $6,413.50 11 ADA Truncated Domes SF 36 $167.00. $6,012.00 12 Drainage RGRCP.. Class IV (12" Pipe) LF 166 $77.00 $12,782.00 13 Drainage Headwall (Double 12" Pipe MAG 501 -1 &2: U Type) EA 1 $5,280.00 $5,280.00 14 Drainage RGRCP, Class IV (18" Pipe) LF 142 $85.00 $12.070.00 15 Drainage H eadwa I 1 (18" Pipe) EA 4 $4,555.71 $18,222.84 16 Drainage Concrete Pipe Culvert, Class IV (24,r Pipe) LF 116 $94.00 $10.904.00 17 Drainage Headwall (24" Pipe) EA 1 $5,060.00 $5,060.00 18 Drainage RGRCP, Class IV (42") LF 96 $176.00 $16,896.00 19 Drainage Headwall Inlet (42" Pipe) EA 1 $9,320-00 $9;320.00 20 Drainage Headwall Outlet (42" Pipe) EA 1 $7,000.00 $7,000.00 21 Catch Basin MAG Std Dtl 537 - Double EA 2 $2,830.00 $5,660.00' 22 Headwall Handrail LF 107 $62.00 $6,634.00 23 Headwall Trash Rack EA 4 $750.00 $3,000.00 24 Storm Drain Manhole With Reinforced Box Structure EA 1 $4,550.00 $4,550.00 25 Placed Rock Embankment LF 1,368 $30.90 $42,271.20 26 Gabion Basket Retaining Walls CY 302 $247.00 $74,594.00 27 Gabion Basket Seating Walls at Ramada With Concrete Piers And Caps LF 88 $264.00 $23,232.00 28 Dumped Riprap D50=9" CY 642 $39.00 $25,038.00 29 Dumped Riprap D50=18" CY 194 $90.00 $17,460.00 30 Rock Cut Enhancements Sculpturing SF 3,362 $2.30 $7.732.60 31 Misc Signing & Striping (includes Yellow & White 2 -Way Reflectors) LS 1 $10:800.00 $10,800.00 32 SWPPP / Erosion Control LS 1 $24,000.00 $24r009.O0 33 Connection to 8" Waterline - Install Service Saddle and Corporation Stop EA 1 $8,700.00 $8,700.00 34 Connection to 8" Waterline - Install 8" x 8" Cross (Add reduction as specified on plans) with 8" Gate Valve & Cover EA 3 $3,920.00 $11,760.00 35 2" Water Meter Assembly (All Appurtenances Without Meter) EA 1 $2,620-00 $2,620.00 36 1" Reduced Pressure Backflow Device wl Enclosure & Concrete Pad EA 1 $2,160.00 $2,160.00 37 2" Reduced Pressure Backflow Device wl Enclosure & Concrete lPad EA 1 $2,940M $2,940.00 38 2" Copper Waterline LF 75 $93.00 $6,975.00 39 6" DI Waterline LF 23 S182.00 $41186.00 40 8" 01 Waterline LF 515 $74.00 $38,110.00 41 Fire Hydrant with 6" Gate Valve & Cover EA 1 $5,610-00 $5,610.010 42 8" Plug & Curb Stop With Flushing Pipe & Nr Release Valve EA 1 S1,140.00 $1,1140.0'O 43 8" DI Sewer Pipe LF 158 5118.00 $181644.00 44 8" PVC SDR 35 Sewer Pipe LF 252 574.00 $18,648.00 45 Sewer Manholes EA 3 $4,300.00 512,900.00 46 Adjust Sewer Manhole Frame & Cover in Cul-de-sac EA 1 $1780.00 $1,780.00 47 Restroom Building Complete LS I $278,000.00 $278,000.00 48 SRP Primary Power Feed including all Materials and Labor per Power Company RequIrements LS 1 $2T200.0 TO $27,200.00 49 200 AMP Service Entrance Section including all Circuit Breakers land all Control Devices as shown on Plans EA .1 $6,400.00 6.400.00 $6,400.00 1 50 Bollard Light EA 19 $1,280.00 524,320.00 51 Ramada/Shade Structure Electrical And Lighting LS 1 $7.830.00 $7,830.00 52 Furnish and lnstall Conduit Complete and In Place including Trenching and Backfill LS 1 $17,100.00 S17.100.00 53 Furnish and Install all Conductors and Bond Wires Complete and In Place including all Splices and Terminations LS 1 $11,400.00 $11,400.00 54 Furnish and Install #3 112 Pull Box Complete and In Place EA 3 $1,200.0-0 $3,600.00 55 Salvaged Saguaro - Bare Root EA 0 $355,93 $0.001 56 Salvaged Barrel Cactus - Bare Root EA 0 $71.19 $0.00 57 Salvaged Ocotillo - Bare Root EA 0 $106.78 MOO 58 New Tree - 15" Gallon EA 9 $240.00 $2,160.00 59 New Tree - 15" Gallon EA 25 $240M $6,000.00 60 New Saguaro - 3'-6' EA 9 $1,210.00 $10,890.00 61 New Saguaro - 6'-9' EA 9 $1,779.67 516.017.03 62 New Saguaro - 9'-12' EA 12 $2,080.00 $24,960.00 63 New Barrel Cactus -12"-18" EA 29 $177.97 $5161.13 64 New Barrel Cactus -18"-36" EA 29 $24915 $7,225.35 65 New Ocotillo - 81 with 12 Canes EA 28 $32034 SM69.52 66 New Shrubs - 1 Gallon EA 63 S11.39 $717.57 6,7 New Shrubs - 5 Gallon EA 142 S17.08 $2,425.36 68 Native Seeding SF 35,533 $0,10 $3,553.30 6) 9 Salvaged Plant Nursery LS 0 $28,00100 $0.00 70 Desert Pavement SF 18,822 $4.30 $80,934.60 71 Boulder Salvage and Relocation (Size A - 2'x3') EA 163 $39M $6,357.00 72 B ou Ide r Sa I vage a n d Relc catio n (Size B - 3'x5') EA 101 $68.00 $6,868.00 73 B ou Ide r Sa I vage a n d Relocation (Size C - 4'x6') EA 64 599.001 $6,336.00 74 Boulder Salvage and Relocation (Size D - 5'x7'or >) EA 20 $160.00 $3,200.00 75 Ramada (625 SF) LS 1 $851000.00 $85,000.00 76 Exposed Aggregate Paving SF 140 $22,70 $3,178.00 77 Picnic Table (3 Standard & 1 ADA Accessible) EA 4 $3,200.00 $12,800-00 78 Individual Gabion Basket Bench wl Concrete Cap EA 4 $3,250.00 $13,000.00 79 Entry Signage LS 1 $28,600.00 $28,600.00 80 Access Control Gates to Fire Road LS 1 $4,700.00 $4,700.00 81 Main Entry Gates LS 1 $14,300.00 $14,300.00 82 Information Kiosk EA 1 $13,600.00 $13,600.00 83 Bicycle Rack EA 2 $1,230.00 $2,460.00 84 Trash Receptacles EA 5 $1,700.00 $8,500,00, 85 Bollard (Security) EA 1 $780.00 $780.00. 86 Irrigation Controller EA 1 $19,400.00 $19,400.00 87 Master Valve- 1 EA 1 5350.00 5350.00 88 Ball Valve - I" EA 1 $215.00 $215.00 89 Ball Valve - 1 1/2" EA 2 $320.00 $640.00 90 Emitter- Single -Outlet Assembly EA 321 $10.00 $3,210.00 91 Emitter- Multi -Outlet Assembly EA 32 $17.00 $544.00 92 Drip Filter& Pressure Regulator Assembly- 1 EA 23 $650.00 S14,950.00 93 Drip Remote Control Valve- 1" EA 10 $500.00 $5,000.00 94 Quick Coupler Assembly- 1 EA 5 $360.00 $1,800.00 95 Air/Vacuum Relief Valve Assembly- 1 EA 3 $2,000.00 $6:000.00 96 Pipe- Drip Lateral 3/4" Schedule 40 PVC L. -FT. 6,200 $1.00 $6,200.00 97 Pipe- Mainline & Submair 1" Schedule 40 PVC L. FT. 2,097 $1.10 $Z306.70_ 98 Pipe- Mainline 1 1/2" Schedule 40 PVC L. FT. 231 $1.80 $415,80 99 Pipe Sleeve- 4" Schedule 40 PVC L. FT, 314 $5.70, $1,789..80 100 Wire Sleeve- 1" Schedule 40 PVC L. FT. 136 $2.801 $380.80 SUBTOTAL BASE BID: $1,850,491.01 101 OWNERS ALLOWANCE: LS 1 $178,000.00 $178,000-00 TOTAL BASE BID (INCLUDING OWNERS $2,028,491.011 102 (BID ALTERNATE A) interim Utility (Total of Items Below) LS 1 $168,351.05 $168,351.05 102-A I Add: Earthwork for Water Tank Pad and Sewage Collection Tank CY 13.0 $156.00 52,028.00 102-BIJ Add: Aggregate Base for Tank Pad (From MCO Stockpile), CY 7.25 1 $145.001 $1,051.25 102-C Add: 314" Minus Decomposed Granite on Interim Roadway Surface and Surrounding Water Tank and Solar Collection Area. SF 6,380.00 51.58 $10,080.40 102-D Add., SWPPP / Erosion Control Around Tank Pad LS 1 $3,400.00 $3.400,00 102-E Add: Desert Pavement SF 5,738 54.30 $24.673.40 102-F Add: 5,000 Galion Water Tank with Locking Lid and Locking Drain Valve EA 1 $30,000.00 $30.000.00 102-G Add: 2" SCH 40 PVC Waterline With All Valves LF 364 $1.6.00 $5.824.00 102-H Add: 1 112" SCH 40 PVC Waterline with Al] Valves LF 38 536.00 $1.368.00 102-1 Add: 4" SDR -35 Sewer Pipe with Valves to Holding Tank LF 62 538.00 52,356.00 102-J Add: 5,000 Galion Pre -Cast Concrete Sewage Holding Tank with Alarm EA 1 $14,500.00 $14,500.00 102-K Add: Solar Collection and Storage System Complete LS 1 $19'150.00 S19'150.00 102-L Add: U-0" High Chain Link Fencing with Access Gate LF 140 528.00 53.920.00 102-M Add: Restroom Building Modifications LS 1 $50,000.00 $50,000.00 103 (BID ALTERNATE 13) Automatic Gate Opening and Closing System LS 1 $13,500.00 $13,500.00 TOTAL BASE BID,OWNERS ALLOWANCE, $2,210,342.061 104 Force Account Rock Blasting Allowance LS 1 370.000.00 $70,000.06 105 Force Account Rock Staining SF 3,000 $1.78 $5,340.00 106 Force Account Earthwork Fill Material CY 2,125 $15.00 $31,875.00 107 Force Account Aggregate Base Course Material CY 250 $55.00 $13,750.00 SUBTOTAL FORCE ACCOUNT ITEMS: $120,965.00. TOTAL COSTS: BASE BID, OWNERS ALLOWANCE, BID ALTERNATES, FORCE �ACCOUNT* $253315307.06 TOWN OF FOUNTAIN HILLS COMMUNffY SERVICES DEPARTMENT INVITATION FOR BIDS ADERO CANYON TRAILHEAD CONSTRUCTION Town of Fountain Hills 16705 East Avenue of the Fountains Fountain bills, Arizona 85268 SOLICITATION INFORMATION AND SCHEDULE Solicitation Number: CS2017-01 Release Date: June 7, 2017 Advertisement .Dates: June 7 and 14, 2017 — Fountain Hills Times June 8 and 15, 2017 — Arizona Business Gazette Final Date for Inquires June 29, 2017 MANDATORY June 22, 2017 Prospective Bidder's Conference: 10:00 a.m. (local time, Phoenix, Arizona) Fountain Hills Town Hall -- Council Chambers 16705 East Avenue of the Fountains Fountain Hills, Arizona 85265 Bid Deadline: July 17, 2017 10:00 a.m. (local time, Phoenix, Arizona) Bid Opening: July 17, 2017 10:00 a.m. (local time, Phoenix, Arizona) Town. Representatives: Rachael Goodwin, Woodwin&&Kaz.goov, In accordance with the Town of Fountain Pulls Procurement Code, competitive sealed Bids for the services specified herein will be received by the Town Clerk at the Town Clerk's Office at the above -referenced location until the date and time referenced above (the "Bid Deadline"). Bids received by the Bid Deadline shall be publicly opened and the Bid Price read. Bids shall be in the actual possession of the Town Clerk on, or prior to, the Bid Deadline date. Late Birds shall not be considered except as provided in the Town Procurement Cade. Bids shall be submitted in a sealed envelope with the Solicitation Number and the Bidder's name and address clearly indicated on the front of the envelope, There is no charge for the Plans and Specifications. Plans and Specifications may be Obtained at the Town of Fountain Hills website; littL):Il nr%vNv.fli.az.gov/Bids.Mpx Tlie Town of Fountain Hilh; reserves the right to amend the solicitation schedule as nec:essarv. 29791 92.2 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 OFFER The undersigned (the "Bidder") hereby offers this Bid as an offer to contract with the Town under the terms and conditions set forth below and certifies that Bidder has read, understands and agrees to fully comply with, and be contractually bound by, all terms and conditions as set forth in this Invitation For Bids ("IFB"), the Contract formed hereby (as defined below) and any amendments thereto, together with all Exhibits, Specifications, Plans and other documents included as part of this Contract (the "Contract Documents"). Town of Fountain Hills For Clarification of this Bid contact: Business License Number: 5015 Arizona Transaction (Sales) Privilege Name: Jose L. Castillo Tax License Number: 07376782 (48fl Telephone:, ) 595-8073 Federal Employer Identification Facsimile: (480) 575-0814 Number: $6-0634774 Email: j.castillo@biucor.com r ' utthorized Signature for Contractor Blucor Contracting Contractor Name 21738 Orion Way Tyler Bluth Address Printed Name Vice President Queen Creek AZ 85142 Title C'itti State Zip Code ACCEPTANCE OF OFFER AND NOTICE OF AWARD (FOR TOWN OF FOUNTAIN HILLS USE ONLY) Effective Date:/o-3 —17 Contract No. -C1 Official File: TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Grady E. Miller, Town Manager ATTEST: APPROVED AS TO FORM: Bevelyn J. Bender. Town Cleric Andrew J. McGuire, Town Attorney 2979192.2 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 ARTICLE I - DEFINITIONS For purposes of this Invitation for Bids, the following definitions shall apply: 1.1 "Bid" or "Offer" means a responsive bid or quotation submitted by a Bidder in response to this Invitation for Bids. 1.2 "Bid Deadline" means the date and time set forth on the cover of this IFB for the Town Clerk to be in actual possession of the sealed Bids. 1.3 "Bid Opening" means the date and time set forth on the cover of this Invitation for Bids for opening of sealed Bids. 1.4 "Bidder" means any person or firm submitting a competitive Bid in response to this IFB. 1.5 "Confidential Information" means that portion of a Bid, proposal, Offer, Specification or protest that contains information that the person submitting the information believes should be withheld, provided (i) such person submits a written statement advising the Town of this fact at the time of the submission and (ii) the information is so identified wherever it appears. 1.6 "Contract" means, collectively, the (i) Offer/Bid, (ii) this IFB, including all exhibits, (iii) the Notice of Award, (iv) the Notice to Proceed or Purchase Order(s), (v) any approved Addendum, Change Order or Amendment, (vi) the Contractor's Certificates of Insurance and a copy of the Declarations Page(s) of the insurance policies, (vii) the Certificate of Completion and (viii) any Plans, Specifications or other documents attached, appended or incorporated herein by reference. Alternate or optional bid items will become part of the Contract only if they are accepted by the City in writing on the Price Sheet. 1.7 "Contractor" means the individual, partnership, corporation or limited liability company who has submitted a Bid in response to this IFB and who, as a result of the competitive bidding process, is awarded a contract for Materials or Services by the Town. 1.8 "Contract Time" means the time period during which the Contractor must complete all of the Work related to the Project. 1.9 "Day(s)" means calendar day(s) unless otherwise specified. 1.10 "Engineer" means the Town Engineer or authorized designee. 1.11 "Final Completion" shall be defined as set forth in Section 3.16 and shall occur not later than 30 Days from the date of Substantial Completion unless otherwise designated by the Engineer and subject to modification by changes in the Work as provided in Section 3.14 below. 1.12 "Invitation for Bids" or "IFB" means this request by the Town for participation in the competitive bidding process according to all documents, including those attached or incorporated herein by reference, utilized for soliciting Bids for the Materials and/or Services in compliance with the Town's Procurement Code. 1.13 "MAG Specifications" means, collectively, the "Uniform Standard Specifications for Public Works Construction," current edition as of the date of Contract award and the "Uniform Standard Details for Public Works Construction," current edition as of the date of Contract award, which are sponsored and distributed by the Maricopa Association of Governments ("MAG") and any amendments or supplements adopted by the Town. 1.14 "MAG Supplement" means the most current edition of the Town of Fountain Hills Supplement to the MAG Uniform Standard Specifications and Details for Public Works Construction. 2979192.2 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 1.15 "Materials" means any personal property, including equipment, materials, replacements and supplies provided by the Contractor in conjunction with the Contract and shall include, in addition to Materials incorporated in the Project, equipment and other material used and/or consumed in the performance of the Work. 1.16 "Multiple Award" means an award of an indefinite quantity contract for one or more similar products, commodities or Services to more than one Bidder. 1.17 "Price" means the total expenditure for the defined Project, inclusive of all Materials, commodities or Services. 1.18 "Procurement Administrator" means a Town employee, as designated on the cover of this IFB, who has specifically been designated to act as a contact person to the Bidders and/or Contractor relating to their IFB. 1.19 "Procurement Agent" means the Town Manager or authorized designee. 1.20 "Procurement Code" means the Town's Procurement Code, as amended from time to time. 1.21 "Project" means the purpose and Work described as set forth in Section 2. 1, in the "Purpose/Scope of Work" of the IFB. 1.22 "Punch List" means that list of items provided by Town to Contractor at the time of Substantial Completion indicating items to be completed or corrected, including the time for completion or correction by Contractor after Substantial Completion. 1.23 "Services" means the furnishing of labor, time or effort by a Contractor, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance and as further defined in the Contract. This term does not include "professional and technical services" as defined in the Procurement Code. 1.24 "Specification" means any description of the physical characteristics, functional characteristics, or the nature of a commodity, product, supply or Services. The term may include a description of any requirements for inspecting, testing, or preparing a supply or service item for delivery. 1.25 "Subcontractor" means those persons or groups of persons having a direct contract with the Contractor to perform a portion of the Work and those who furnish Materials according to the plans and/or Specifications required by this Contract. 1.26 "Substantial Completion" shall be defined as set forth in Section 3.15 below and shall occur not later than the date set forth in the Schedule, subject to modification by changes in the Work as provided in Section 3.14 below. 1.27 "Town" means the Town of Fountain Hills, an Arizona municipal corporation. 1.28 "Town Representative" means the Town employee who has specifically been designated to act as a contact person to the Town's Procurement Administrator, and who is responsible for monitoring and overseeing the Contractor's performance under the Contract and for providing information regarding details pertaining to the Work. 1.29 "Vendor" means any firms, entities or individuals desiring to prepare a responsive Bid in response to this IFB. 1.30 "Work" means all labor, Materials and equipment incorporated or to be incorporated in the Project that are necessary to accomplish the construction required by this Contract. 2979192.2 2 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 ARTICLE II — BID PROCESS; BID AWARD 2.1 Purpose/Scope of Work. The Work included in this Project consists of the construction of the Adero Canyon trailhead, which includes, but is not limited to, the following broad categories: earthwork (cut and fill), water line, sewer line, site drainage enhancements, electrical service and distribution, lighting, installing new colored concrete driveways, asphalt parking stalls and drive aisles, concrete ADA stalls, custom restroom, custom ramada, custom steel kiosk, colored concrete plaza area, rock filled gabion basket retaining walls, rock filled gabion basket bench with concrete cap, application of desert pavement ground cover, rip rap, colored concrete sidewalks, boulder salvage and relocation and landscaping. The Town is issuing this IFB to secure a qualified General Contractor to perform the Work and provide the Materials as more particularly described in the Specifications attached hereto as Exhibit A, and incorporated herein by reference. Bidders must submit Bids encompassing the entire Project, inclusive of the related Plans and/or Construction Drawings. Failure to do so may result in a determination that the Bid is non-responsive. 2.2 Amendment of IFB. Except as set forth in Section 3.56 below, no alteration may be made to this IFB or the resultant Contract without the express, written approval of the Town in the form of an official IFB addendum or Contract amendment. Any attempt to alter this IFB/Contract without such approval is a violation of this IFB/Contract and the Town Procurement Code. Any such action is subject to the legal and contractual remedies available to the Town including, but not limited to, Contract cancellation and suspension and/or debarment of the Bidder or Contractor. 2.3 Preparation/Submission of Bid. Bidders are invited to participate in the competitive bidding process for the Project specified in this IFB. Bidders shall review their Bid submissions to ensure the following requirements are met. A. Irregular/Non-responsive Bids. The Town will consider as "irregular" or "non- responsive" and shall reject any Bid not prepared and submitted in accordance with the IFB and Specifications, or any Bid lacking sufficient information to enable the Town to make a reasonable determination of compliance with the Specifications. Unauthorized or unreasonable exceptions, conditions, limitations, or provisions shall be cause for rejection. Bids may be deemed non-responsive at any time during the evaluation process if, in the sole opinion of the Procurement Agent, any of the following are true: 1. Bidder does not meet the minimum required skill, experience or requirements to perform the Work or provide the Materials. obligations. 2. Bidder has a past record of failing to fully perform or fulfill contractual Bidder cannot demonstrate financial stability. 4. Bid submission contains false, inaccurate or misleading statements that, in the opinion of the Procurement Agent, are intended to mislead the Town in its evaluation of the Bid. B. Specification Minimums. Bidders are reminded that the Specifications in this IFB are the minimum levels required and that Bids submitted must be for products that meet or exceed the minimum level of all features specifically listed in this IFB. Bids offering less than the minimums specified will be deemed not responsive. It shall be the Bidder's responsibility to carefully examine each item listed in the Specifications. C. Required Submittal. Bidders shall provide all of the following documents to be considered a responsive Bid: 1. Complete, fully executed original of this IFB, with the Offer signed in ink by a person authorized to bind the Bidder. 2979192.2 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 2. Price Sheet. 4. Licenses; /DBE & MBE Status. References. Federal Requirements, if applicable. Acknowledgment for each Addendum received, if any. D. Bidder Responsibilities. All Bidders shall (1) examine the entire Bid package, (2) seek clarification of any item or requirement that may not be clear, (3) check all responses for accuracy before submitting a Bid and (4) submit the entire, completed Bid package by the official Bid Deadline. Late Bids shall not be considered. Bids not submitted with an original, signed Offer page by a person authorized to bind the Bidder shall be considered non-responsive. Negligence in preparing a Bid shall not be good cause for withdrawal after the Bid Deadline. E. Sealed Bids. All Bids shall be sealed and clearly marked with the IFB title and number on the lower left hand corner of the mailing envelope. A return address must also appear on the outside of the sealed Bid. F. Address. All Bids shall be directed to the following address: Town Clerk, 16705 East Avenue of the Fountains, Fountain Hills, Arizona 85268, or hand -delivered to the Town Clerk's office. G. Bid Forms. All Bids shall be on the forms provided in this IFB. It is permissible to copy these forms if required. Telegraphic (facsimile), electronic (email) or mailgram Bids will not be considered. H. Modifications. Erasures, interlineations, or other modifications in the Bid shall be initialed in original ink by the authorized person signing the Bid. L Withdrawal. At any time prior to the specified Bid Opening, a Bidder (or designated representative) may amend or withdraw its Bid. Facsimile, electronic (email) or mailgram Bid amendments or withdrawals will not be considered. No Bid shall be altered, amended or withdrawn after the specified Bid Deadline, unless otherwise permitted pursuant to the Town Procurement Code. 2.4 Inquiries; Interpretation of Plans, Specifications and Drawings. A. Inquiries. Any question related to the IFB, including any part of the Plans, Specifications, Scope of Work or other Contract Documents, shall be directed to the Town Representative and Procurement Administrator whose names appear on the cover page of this IFB. Questions shall be submitted in writing by the date indicated on the cover page of this IFB; the Town will not respond to any inquiries submitted later than the Final Date for Inquiries. The Vendor submitting such inquiry will be responsible for its prompt delivery to the Town. Any correspondence related to the IFB shall refer to the title and number, page and paragraph. However, the Bidder shall not place the IFB number and title on the outside of any envelope containing questions, because such an envelope may be identified as a sealed Bid and may not be opened until the Bid Opening. Any interpretations or corrections of the proposed Contract Documents will be made only by addenda duly approved and issued by the Town. The Town will not be responsible for any other explanations or interpretations of the Contract Documents. B. Addenda. It shall be the Bidder's responsibility to check for addenda issued to this IFB. Any addendum issued by the Town with respect to this IFB will be available at: 2979192.2 4 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 Town of Fountain Hills Town Hall, 16705 East Avenue of the Fountains, Fountain Hills, Arizona 85268 Town of Fountain Hills website at: hqp://www.fh.az.gov/Bids.aWx C. Approval of Substitutions. The Materials, products, and equipment described in this IFB establish a standard or required function, dimension, appearance and quality to be met by any proposed substitution. No substitute will be considered unless written Substitution/Equal Request in the form attached hereto as Exhibit B, has been received by the Town Representative at least 10 Days prior to the Bid Deadline. Each such request shall include the name of the Material or equipment for which it is to be substituted and a complete description of the proposed substitute, including any drawings, performance and test data and any other information necessary for evaluation of the substitute. If a substitute is approved, the approval shall be by written addendum to the IFB. Bidder shall not rely upon approvals made in any other manner. D. Use of Equals. When the Specifications for materials, articles, products and equipment include the phrase "or equal, " Bidder may bid upon and use materials, articles, products and equipment that will perform equally the requirements imposed by the general design. The Engineer will have the final approval of all materials, articles, products and equipment proposed to be used as an "equal." No such "equal" shall be purchased or installed without prior, written approval from the Engineer. No "equal" will be considered unless a written Substitution/Equal Request, in the form attached hereto as Exhibit B, has been received by the Town Representative at least 10 Days prior to the Bid Deadline. The request shall include the name of the material or equipment for which the item is sought to be considered an equal and a complete description of the proposed equal including any drawings, cuts, performance and test data and any other information necessary for evaluation of the equal. All approval of equals shall be issued in the form of written addendum or amendment, as applicable, to this IFB or the Contract. E. Bid Quantities. It is expressly understood and agreed by the parties hereto that the quantities of the various classes of Services and/or Materials to be furnished under this Contract, which have been estimated as stated in the Bidders' Offer, are only approximate and are to be used solely for the purpose of comparing, on a consistent basis, the Bidders' Offers presented for the Work under this Contract. The selected Contractor agrees that the Town shall not be held responsible if any of the quantities shall be found to be incorrect and the Contractor will not make any claim for damages or for loss of profits because of a difference between the quantities of the various classes of Services and/or Materials as estimated and the Services and/or Materials actually provided. Contractor is responsible for ensuring that all Materials contained in the Plans for the project are bid on the Price Sheet. Contractor shall bring any potential discrepancy between the Plans and the Price Sheet to the Town's attention, either at the Prospective Bidders' Conference or by written inquiry, as set forth in Subsection 2.4(A) above. If any error, omission or misstatement is found to occur, the same shall not (1) invalidate the Contract or the whole or any part of the Scope of Work, (2) excuse Contractor from any of the obligations or liabilities hereunder or (3) entitle Contractor to any damage or compensation except as may be provided in this Contract. 2.5 Prospective Bidders' Conference. A Prospective Bidders' Conference may be held. If scheduled, the date and time of the Prospective Bidders' Conference will be indicated on the cover page of this IFB. The Prospective Bidders' Conference may be designated as mandatory or non -mandatory on the cover of this IFB. Bids shall not be accepted from Bidders who do not attend a mandatory Prospective Bidders' Conference. Bidders are strongly encouraged to attend those Prospective Bidder's Conferences designated as non -mandatory. The purpose of the Prospective Bidders' Conference will be to clarify the contents of the IFB in order to prevent any misunderstanding of the Town's requirements. Any doubt as to the requirements of this IFB or any apparent omission or discrepancy should be presented to the Town at the Prospective Bidders' Conference. The Town will then determine if any action is necessary and may issue a written amendment or addendum to the IFB. Oral statements or instructions will not constitute an amendment or addendum to the IFB. 2979192.2 5 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 2.6 New Materials. All Materials to be provided by the Contractor and included in the Bid shall be new, unless otherwise stated in the Specifications. 2.7 Prices. Work shall be performed at the unit prices as set forth in the Price Sheet attached hereto as Exhibit C and incorporated herein by reference. Bid prices shall be submitted on a per unit basis by line item, when applicable and include all applicable sales tax. In the event of a disparity between the unit price and extended price, the unit price shall prevail. NOTE: All pricing blanks must be filled in. Empty or unfilled spaces in the Bid Price Sheet shall result in a determination that a Bid is non-responsive. 2.8 Allowances. Allowances, if any, shall be clearly set forth on the Price Sheet. Allowances shall cover the cost to the Contractor (less any applicable trade discount) of the Materials including equipment required by the Allowance, delivered at the site, and all applicable taxes, overhead, profit handling and other general conditions costs, unless unit rates are available in the Price Sheet. Unit rates from the Price Sheet shall be used to determine the cost of a change to be paid from an Allowance, when applicable. Any remaining Allowance amount shall be returned to the Town at the end of the Project by deductive change order. 2.9 Payment; Discounts. Any Bid that requires payment in less than 30 Days shall not be considered. Payment discounts of 30 Days or less will not be deducted from the Bid Price in determining the low Bid. The Town shall be entitled to take advantage of any payment discount offered, provided payment is made within the discount period. Payment discounts shall be indicated on Price Sheet. 2.10 Taxes. The Town is exempt from Federal Excise Tax, including the Federal Transportation Tax. Transaction privilege tax, if any, shall be included in the unit price for each line item. It shall not be considered a lump sum payment item. It is the sole responsibility of the Bidder to determine any applicable State tax rates and calculate the tax accordingly. When calculating the tax on the Bid, the Bidder should not include tax on any allowances. Failure to accurately tabulate any applicable taxes may result in a determination that a Bid is non-responsive. The Bidder shall not rely on, and shall independently verify, any tax information provided by the Town. 2.11 Federal Funding. It is the responsibility of the Bidder to verify and comply with federal requirements that may apply to the Work (the "Federal Requirements"). It is also the responsibility of the Bidder to incorporate any necessary amounts in the Bid to accommodate for required federal record-keeping, necessary pay structures or other matters related to the Federal Requirements. Federal Requirements, if any, shall be attached hereto as Exhibit D. In addition to any applicable Federal Requirements, this procurement is subject to a number of state and Town regulations. In general, where these rules conflict, the more stringent law or rule applies. 2.12 Cost of Bid/Proposal Preparation. Bids submitted for consideration should be prepared simply and economically, providing adequate information in a straightforward and concise manner. The Town does not reimburse the cost of developing, presenting or providing any response to this solicitation; the Bidder is responsible for all costs incurred in responding to this IFB. All materials and documents submitted in response to this IFB become the property of the Town and will not be returned. 2.13 Public Record. All Bids shall become the property of the Town. After Contract award, Bids shall become public records and shall be available for public inspection in accordance with the Town's Procurement Code, except that any portion of a Bid that was designated as confidential pursuant to Section 2.14 below shall remain confidential from and after the time of Bid opening to the extent permitted by Arizona law. 2.14 Confidential Information. If a Vendor/Bidder believes that a Bid, Specification, or protest contains information that should be withheld from the public record, a statement advising the Procurement Agent of this fact shall accompany the submission and the information shall be clearly identified. The information identified by the Vendor or Bidder as confidential shall not be disclosed until the Procurement Agent makes a written determination. The Procurement Agent shall review the statement and information with the Town Attorney and shall determine in writing whether the information shall be withheld. If the Town Attorney 2979192.2 6 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 determines that it is proper to disclose the information, the Procurement Agent shall inform the Vendor or Bidder in writing of such determination. 2.15 Vendor Licensing and Registration. Prior to the award of the Contract, the successful Bidder shall be registered with the Arizona Corporation Commission and authorized to do business in Arizona. Bidders shall provide license and certification information with the Bid, attached as Exhibit E and incorporated herein by reference. Upon the Town's request, corporations, limited liability companies, partnerships or other entities shall provide Certificates of Good Standing from the Arizona Corporation Commission. A Town of Fountain Hills business license is also required. 2.16 Bidder Qualifications. A. Experience and References. Bidder must demonstrate successful completion of at least three similar projects within the past 60 months, one of which must have a dollar value of at least 75% of the total bid for this Project as set forth in the Price Sheet, attached as Exhibit C. Total bid price does not include any Town allowances identified. For the purpose of this Solicitation, "successful completion" means completion of a project within the established schedule and budget and "similar projects" resemble this Project in size, nature and scope. References for these three projects shall be listed on the sheet attached hereto as Exhibit F and incorporated herein by reference. These references will be checked, and it is Bidder's responsibility to ensure that all information is accurate and current. Bidder authorizes the Town's representative to verify all information from these references and releases all those concerned from any liability in connection with the information they provide. B. Investigation. tom. The Town's representative may conduct any investigation deemed necessary to determine the Bidder's ability to perform the Work in accordance with the Contract Documents. The three lowest Bidders may be requested to submit additional documentation within 72 hours (or as specified) to assist the Town in its evaluation. 2.17 Certification. By submitting a Bid, the Bidder certifies: A. No Collusion. The submission of the Bid did not involve collusion or other anti- competitive practices. B. No Discrimination. It shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246. C. No Gratuity. It has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip favor or service to a Town employee, officer, agent or elected official in connection with the submitted Bid or a resultant Contract. In the event that the resultant Contract is canceled pursuant to this provision, the Town shall be entitled, in addition to any other rights and remedies, to recover and withhold from the Contractor an amount equal to 150% of the gratuity. D. Financial Stability. It is financially stable, solvent and has adequate cash reserves to meet all financial obligations including any potential costs resulting from an award of the Contract. E. No Signature/False Statement. The signature on the Bid and the Vendor Information Form is genuine. Failure to sign the Bid or the Vendor Information Form, or signing either with a false statement, shall void the submitted Bid and any resulting Contract, and the Bidder may be debarred from further bidding in the Town. 2.18 Bid Bond. All Vendors desiring to prepare a responsive Bid shall submit a non -revocable bid security payable to the Town in the amount of ten percent (10%) of the total Bid Price. This security shall be in the 2979192.2 7 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 form of a bid bond, certified check or cashier's check and must be in the possession of the Town Representative by the Bid Deadline. All bid security from Contractor(s) who have been issued a Notice of Award shall be held until the successful execution of all required Contract Documents and bonds. If the Contractor fails to execute the required contractual documents and bonds within the time specified, or 10 Days after Notice of Award if no period is specified, the Contractor may be found to be in default and the Contract terminated by the Town. In case of default, the Town reserves all rights inclusive of, but not limited to, the right to purchase material and/or to complete the Work and to recover any actual excess costs associated with such completion from the Contractor. All bid bonds shall be executed in the form attached hereto as Exhibit G, duly executed by the Bidder as Principal and having as Surety thereon a Surety company holding a Certificate of Authority from the Arizona Department of Insurance to transact surety business in the State of Arizona. Individual sureties are unacceptable. All insurers and sureties shall have, at the time of submission of the proposal, an A.M. Best's Key Rating Guide of "A-" or better as currently listed in the most recent Best Key Guide, published by the A.M. Best Company. As soon as is practicable after the completion of the evaluation, the Town will (A) issue a Notice of Award for those Offers accepted by the Town and (B) return all checks or bonds to those Bidders who have not been issued a Notice of Award. 2.19 Award of Contract. A. Multiple Award. The Town may, at its sole discretion, accept Bidder's Offer as part of a Multiple Award. B. Evaluation. The evaluation of this Bid will be based on, but not limited to, the following: (1) compliance with Specifications, (2) Price, including alternates selected by the Town, if any, and taxes, but excluding "as -needed" services requested by the Town and (3) Bidder qualifications to perform the Work. C. Waiver, Rejection, Reissuance. Notwithstanding any other provision of this IFB, the Town expressly reserves the right to: (1) waive any immaterial defect or informality, (2) reject any or all Bids or portions thereof and (3) cancel or reissue an IFB. D. Offer. A Bid is a binding offer to contract with the Town based upon the terms, conditions and Specifications contained in this IFB and the Bidder's responsive Bid, unless any of the terms, conditions, or Specifications are modified by a written addendum or Contract amendment. Bids become binding Contracts when the Acceptance of Offer and Notice of Award is executed in writing by the Town. Bidder Offers shall be valid and irrevocable for 90 Days after the Bid Opening. E. Protests. Any Bidder may protest this IFB, the proposed award of a Contract, or the actual award of a Contract. All protests will be considered in accordance with the process set forth by the Town Manager or qualified designee. ARTICLE III — GENERAL TERMS AND CONDITIONS PART A - GENERAL 3.1 Reference Standards. The Contractor shall perform the Work required in conformance with MAG Specifications and the MAG Supplement, each of which is incorporated herein by reference. In the event of a conflict between the MAG Specifications and the MAG Supplement, the MAG Supplement shall prevail. 3.2 Plans and Specifications to Successful Contractor. The successful Contractor shall print their own Plans and Specifications for this Project from the Town's website: hllp://www.fh.az.jzov/Bids.aspx. 3.3 Contract Time. The Contract Time for this Project shall be 254 Days from the Notice to Proceed. All Work on the Project shall be completed on or before the expiration of the Contract Time. 2979192.2 8 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 3.4 Pre -Construction Conference. Within 30 Days of the issuance of the Notice of Award, the Contractor shall attend a pre -construction conference. The Town will contact the Contractor to schedule a specific date, time and location for the pre -construction conference. The purpose of this conference is to outline specific items and procedures and to address items that require special attention on the part of the Contractor. The Contractor may also present proposed variations in procedures that the Contractor believes may (A) improve the Project, (B) reduce cost or (C) reduce inconvenience to the public. Any necessary coordination and procedures for construction inspection and staking will be addressed during the pre -construction conference. The Contractor will be required to provide the following items at, or prior to, the pre -construction conference, each of which is subject to review and approval by the Engineer: A. Key Personnel; Subcontractors. A list of the names and emergency telephone numbers of all proposed Key Personnel, Subcontractors and suppliers that the Contractor intends to utilize on the Project, in the form attached hereto as Exhibit H and incorporated herein by reference. The term "Key Personnel" means individuals who will be directly assigned to this Project and includes, but is not limited to, the owner, principals, project manager, project superintendent, scheduler, construction engineer and supervisory personnel. At least two of the Bidder's Key Personnel must have a minimum of three years' experience in similar projects (defined above) and the scheduler must have experience in employing scheduling techniques appropriate for this Project. Resumes of Key Personnel shall be submitted upon request by the Town's representative. Proposed Subcontractors shall be qualified and have the requisite professional or technical licenses and be licensed to do business in the State of Arizona. The list shall include such information on the professional background of each of the assigned key individuals as may be requested by the Town Representative. Such key personnel and Subcontractors shall be satisfactory to the Engineer and shall not be changed except with the consent of the Engineer. Additionally, the Engineer shall have the right to request that the Contractor personnel and Subcontractors be removed from the Project if, in the Engineer's sole discretion, such personnel or Subcontractor(s) are detrimental to the Project delivery process. Upon receipt of such request, the Contractor shall remove such personnel or Subcontractor(s) unless the Contractor can provide the Town with sufficient documentation to prove it is commercially impractical to replace the personnel or Subcontractor(s) with substitute personnel possessing similar qualifications. The Engineer's approval of substituted personnel or Subcontractor(s) shall not be unreasonably withheld. B. Progress Schedule. A construction progress schedule showing the estimated time for start and completion of the major items of Work in Primavera P6 scheduling software. C. Payment Schedule. A payment schedule showing the estimated dollar volume of Work for each calendar month during the life of the Project. D. Traffic Control. A written proposal, prepared by an individual who is IMSA or ATSSA certified, outlining the intended plans for traffic control and for maintaining continuous access to residences and businesses along the construction site. E. Site Security. A written proposal outlining the intended plans to secure the Project site for public safety and security. F. Drawings, Materials & Equipment. An itemized list of all required shop drawings, material and equipment submittals and a schedule indicating the dates each of these items will be transmitted to the Town for review. 3.5 Notice to Proceed. Within 45 Days of the issuance of the Notice of Award the Town may issue a written Notice to Proceed. The Notice to Proceed shall stipulate the actual Contract start date, the Contract Time and the dates of Substantial Completion and Final Completion. The time required for the Contractor to obtain permits, licenses and easements shall be included in the Contract Time and shall not be justification for a delay claim by the Contractor. The time required for the Contractor to prepare, transmit and obtain approval of 2979192.2 9 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 applicable submittals shall be included in the Contract Time and shall not be justification for a delay claim by the Contractor. No Work shall be started until after all required permits, licenses, and easements have been obtained. The Contractor shall notify the Engineer, in writing, at least 72 hours before the following events: A. Commencement. The start of construction. B. Services Shut Down. Shutdown of water, sewer, drainage, irrigation and/or traffic control facilities, including the anticipated length of time for each shut down. C. Well or Pump Shut Down. Shutdown of existing water wells and booster pumps. Such shutdown shall not exceed 72 hours of any facility and only one facility may be shutdown at any one time. Shutdowns shall be coordinated with proper utility agency/company. D. Water Lines. All draining and filling of water lines and irrigation laterals and all operations of existing valves or gauges, which shall also be coordinated with the proper utility agency/company. E. Start-up and Testing. Start-up or testing of any water well or booster pump to be connected to any part of the existing water system. This includes operation of existing valves necessary to accommodate the water. 3.6 Laws and Regulations. The Contractor shall keep fully informed of all rules, regulations, ordinances, statutes or laws affecting the Work herein specified, including existing and future (A) Town and County ordinances and regulations, (B) State and Federal laws and (C) Occupational Safety and Health Administration ("OSHA") standards. 3.7 Rights -of -Wax. The Contractor shall obtain a right-of-way permit for any of the Work completed in the public right-of-way. The Contractor will be responsible for any required Maricopa County permits or other agency permits. The Town will provide any necessary easements for Work specified under this Contract, and the Contractor shall not enter or occupy with workers, tools, equipment or materials any private ground outside the property of the Town without the written consent of the owner thereof. The Contractor, at its own expense, is responsible for the acquisition of any additional easements or rights-of-way. 3.8 Inspection, Safety and Compliance. Each Contractor must inform itself fully of the conditions relating to the construction of the Project and the employment of labor thereon. Failure to do so will not relieve the Contractor of its obligation to furnish all material and labor necessary to carry out the provisions of this Contract. Insofar as possible in carrying out its work, the Contractor must employ such methods or means as will not cause any interruption of or interference with the Work of any other contractor. Contractor affirms that it has inspected the jobsite and has thoroughly reviewed the Contract including, without limitation, the Specifications listed on Exhibit A, as the same may be revised by the Town, and is not relying on any opinions or representations of Town. Contractor agrees to perform and complete such Work in strict accordance with the Contract and under the general direction of the Town. Contractor agrees that any exclusions of any Work must be approved in writing by the Town prior to acceptance of this Contract or same shall not be excluded hereunder. Contractor is responsible for all safety precautions and programs and shall provide all protection and necessary supervision to implement said precautions and programs. Contractor shall take all reasonable precautions for the safety of and provide reasonable protection to prevent damage, injury or loss to: (A) Town personnel and members of the public, (B) employees or others on the Project, (C) the Work and materials and (D) other property at the Project or adjacent thereto. Contractor shall designate a responsible person on the Project whose duty shall be prevention of accidents. Contractor shall provide all competent supervision necessary to execute all Work and any Work incidental thereto in a thorough, first-class, workmanlike manner. It is Contractor's responsibility that all of the Work and any Work incidental thereto conforms to, and is performed in accordance with, all applicable Federal, State, County and Town laws, codes, ordinances, regulations (including National Pollutant Discharge Elimination System and air pollution standards) and orders of public authorities bearing on performance of the Work. 2979192.2 10 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 3.9 Traffic Regulations. All traffic affected by the Work under this Contract shall be regulated in accordance with the then -current version of the City of Phoenix -Traffic Barricade Manual (the "Barricade Manual") which is incorporated herein by reference; provided, however, that this Contract shall govern in a conflict with the terms of the Barricade Manual. At the time of the pre -construction conference, the Contractor shall designate an employee who is well qualified and experienced in construction traffic control and safety to be responsible for implementing, monitoring and altering traffic control measures, as necessary. At the same time, the Town will designate a representative who will be responsible to see that all traffic control and any alterations are implemented and monitored to the extent that traffic is carried through the Work area in an effective manner and that motorists, pedestrians, bicyclists and workers are protected from hazard and accidents. A. Major Streets. The following shall be considered major streets: All major parkway, mile (section line), arterial and collector (mid-section line and quarter section line) streets so classified by the Town. B. Traffic Control Devices. All traffic control devices required for the Work under this Contract shall be the responsibility of the Contractor. The Contractor shall place advance warning signs (such as REDUCE SPEED, LOOSE GRAVEL, 25 MPH SPEED LIMIT and DO NOT PASS) in accordance with the Barricade Manual. The Contractor shall provide, erect and maintain all necessary flashing arrow boards, barricades, suitable and sufficient warning lights, signals and signs and shall take all necessary precautions for the protection of the Work and safety of the public. The Contractor shall provide, erect and maintain acceptable and adequate detour signs at all closures and along detour routes. All barricades and obstructions shall be illuminated at night, and all safety lights shall be illuminated from sunset until sunrise. All barricades and signs used by the Contractor shall conform to the standard design generally accepted for such purposes and payment for all such services and materials shall be considered as included in the other pay items of the Contract. C. Existing signs. The Contractor shall ensure that all existing traffic signs are erect, clean and in full view of the intended traffic at all times. Street name signs at major street intersections shall be maintained erect at all times. If these signs should interfere with construction, the Contractor shall notify the Engineer, in writing, at least 48 hours in advance for Town personnel to temporarily relocate or cover said signs. The Engineer will direct the Contractor as to the correct positions to re -set all traffic and street name signs to permanent locations when notified by the Contractor that the interfering construction is complete. D. Manual Traffic Control. Manual traffic control shall be in conformity with the Barricade Manual, except that the designated liaison officer shall be contacted at the Maricopa County Sheriff's Office, District 7. When construction activities or traffic hazards at the construction site require the use of flagmen, it shall be the Contractor's responsibility to provide trained flagmen to direct traffic safely. When traffic hazards at construction sites warrant the use of certified police personnel to direct traffic, arrangements must be made with the liaison officer at the Maricopa County Sheriff's Office, District 7. E. Contractor Equipment. The assembly and turnarounds of the Contractor's equipment shall be accomplished using adjacent local streets when possible. Equipment used and/or directed by the Contractor shall travel with traffic at all times. Supply trucks shall travel with traffic except when being spotted. Contractor shall provide a flagman or off-duty, uniformed Sheriff s Deputy to assist with spotting. F. Traffic Alterations. During construction, it may be necessary to alter traffic control. Any such alterations shall be in accordance with the Barricade Manual. No street within the Project area may be closed to through traffic or to local emergency traffic without prior, written approval of the Engineer. Written approval may be given if sufficient time exists to allow for notification of the public at least 72 hours in advance of such closing. Partial closure of streets within the Project shall be done in strict conformity with the Barricade Manual and the Engineer's written directions. G. Intersections. Caution should be used when excavating near intersections with traffic signal underground cable. Contractor shall notify the Engineer, in writing, 24 hours in advance of any Work at 2979192.2 it TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 such intersections. The Contractor shall install and maintain temporary overhead traffic signal cable as specified by the Engineer when underground conduit is to be severed by excavations at intersections. The Contractor shall provide an off-duty, uniformed Sheriff's Deputy to direct traffic while the traffic signal is turned off and the wiring is transferred. All damaged or modified traffic signal overhead and underground items shall be repaired and restored to the Engineer's satisfaction. Magnetic detector loops shall, under no circumstances, be spliced. H. Adjacent Properly Access. The Contractor shall maintain access to all businesses, schools and residences along the Project alignment at all times in accordance with the MAG Supplement, Section 107.7.1 (Access). I. Covered Crossings. Where crossings of existing pavement occurs, no open trenches shall be permitted overnight, but plating may be permitted if conditions allow, as determined by the Engineer in his sole discretion. If plates cannot be used, crossings shall either be back-filled or the Contractor shall provide a detour. 3.10 Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Town and each council member, officer, employee or agent thereof (the Town and any such person being herein called an "Indemnified Party"), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever ("Claims") to the extent that such Claims (or actions in respect thereof) are caused by the negligent acts, recklessness or intentional misconduct of the Contractor, its officers, employees, agents, or any tier of subcontractor in connection with Contractor's work or services in the performance of this Agreement. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of the indemnity in this Section. 3.11 Insurance. A. General. 1. Insurer Qualifications. Without limiting any obligations or liabilities of Contractor, Contractor shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies authorized to do business in the State of Arizona pursuant to ARIZ. REv. STAT. § 20-206, as amended, with an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the Town. Failure to maintain insurance as specified herein may result in termination of this Contract at the Town's option. 2. No Representation of Coverage Adequacy. By requiring insurance herein, the Town does not represent that coverage and limits will be adequate to protect Contractor. The Town reserves the right to review any and all of the insurance policies and/or endorsements cited in this Contract but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Contract or failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Contract. 3. Additional Insured. All insurance coverage, except Workers' Compensation insurance and Professional Liability insurance, if applicable, shall name, to the fullest extent permitted by law for claims arising out of the performance of this Contract, the Town, its agents, representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of this Contract. 4. Coverage Term. All insurance required herein shall be maintained in full force and effect until all Work or Services required to be performed under the terms of this Contract are 2979192.2 12 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 satisfactorily performed, completed and formally accepted by the Town, unless specified otherwise in this Contract. 5. Primary Insurance. Contractor's insurance shall be primary insurance with respect to performance of this Contract and in the protection of the Town as an Additional Insured. 6. Claims Made. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend, either by keeping coverage in force or purchasing an extended reporting option, for three years past completion and acceptance of the services. Such continuing coverage shall be evidenced by submission of annual Certificates of Insurance citing applicable coverage is in force and contains the provisions as required herein for the three-year period. 7. Waiver. All policies, except for Professional Liability, including Workers' Compensation insurance, shall contain a waiver of rights of recovery (subrogation) against the Town, its agents, representatives, officials, officers and employees for any claims arising out of the Work or Services of Contractor. Contractor shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto. 8. Policy Deductibles and/or Self -Insured Retentions. The policies set forth in these requirements may provide coverage that contains deductibles or self-insured retention amounts. Such deductibles or self-insured retention shall not be applicable with respect to the policy limits provided to the Town. Contractor shall be solely responsible for any such deductible or self-insured retention amount. 9. Use of Subcontractors. If any Work under this Contract is subcontracted in any way, Contractor shall execute written agreement with its Subcontractors containing the indemnification provisions set forth in this Section and insurance requirements set forth herein protecting the Town and Contractor. Contractor shall be responsible for executing any agreements with its Subcontractor and obtaining certificates of insurance verifying the insurance requirements. 10. Evidence of Insurance. Prior to commencing any Work or Services under this Contract, Contractor will provide the Town with suitable evidence of insurance in the form of certificates of insurance and a copy of the declaration page(s) of the insurance policies as required by this Contract, issued by Contractor's insurance insurer(s) as evidence that policies are placed with acceptable insurers as specified herein and provide the required coverages, conditions and limits of coverage specified in this Contract and that such coverage and provisions are in full force and effect. Confidential information such as the policy premium may be redacted from the declaration page(s) of each insurance policy, provided that such redactions do not alter any of the information required by this Contract. The Town shall reasonably rely upon the certificates of insurance and declaration page(s) of the insurance policies as evidence of coverage but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations of this Contract. If any of the policies required by this Contract expire during the life of this Contract, it shall be Contractor's responsibility to forward renewal certificates and declaration page(s) to the Town 30 Days prior to the expiration date. All certificates of insurance and declarations required by this Contract shall be identified by referencing this Contract. A $25.00 administrative fee shall be assessed for all certificates or declarations received without a reference to this Contract. Additionally, certificates of insurance and declaration page(s) of the insurance policies submitted without referencing this Contract will be subject to rejection and may be returned or discarded. Certificates of insurance and declaration page(s) shall specifically include the following provisions: a. The Town, its agents, representatives, officers, directors, officials and employees are Additional Insureds as follows: 2979192.2 13 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 (i) Commercial General Liability - Under Insurance Services Office, Inc., ("ISO") Form CG 20 10 03 97 or equivalent. (ii) Auto Liability - Under ISO Form CA 20 48 or equivalent. (iii) Excess Liability - Follow Form to underlying insurance. b. Contractor's insurance shall be primary insurance with respect to performance of the Contract. C. All policies, except for Professional Liability, including Workers' Compensation, waive rights of recovery (subrogation) against Town, its agents, representatives, officers, officials and employees for any claims arising out of Work or Services performed by Contractor under this Contract. d. ACORD certificate of insurance form 25 (2014/01) is preferred. If ACORD certificate of insurance form 25 (2001/08) is used, the phrases in the cancellation provision "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" shall be deleted. Certificate forms other than ACORD form shall have similar restrictive language deleted. B. Required Insurance Coverage. 1. Commercial General Liability. Contractor shall maintain "occurrence" form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent contractors, products -completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not limited to, separation of insured's clause. To the fullest extent allowed by law, for claims arising out of the performance of this Contract, the Town, its agents, representatives, officers, officials and employees shall be cited as an Additional Insured under ISO, Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or equivalent, which shall read "Who is an Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you." If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be "follow form" equal or broader in coverage scope than underlying insurance. 2. Vehicle Liability. Contractor shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Contractor's owned, hired and non -owned vehicles assigned to or used in the performance of the Contractor's Work or Services under this Contract. Coverage will be at least as broad as ISO coverage code "1" "any auto" policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for claims arising out of the performance of this Contract, the Town, its agents, representatives, officers, directors, officials and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be "follow form" equal or broader in coverage scope than underlying insurance. 3. Professional Liability. If this Contract is the subject of any professional Services or Work, or if the Contractor engages in any professional Services or Work in any way related to performing the Work under this Contract, the Contractor shall maintain Professional Liability insurance covering negligent errors and omissions arising out of the Services performed by the Contractor, or anyone employed by the Contractor, or anyone for whose negligent acts, mistakes, errors and omissions the 2979192.2 14 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 Contractor is legally liable, with an unimpaired liability insurance limit of $2,000,000 each claim and $2,000,000 annual aggregate. 4. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation insurance to cover obligations imposed by Federal and State statutes having jurisdiction over Contractor's employees engaged in the performance of Work or Services under this Contract and shall also maintain Employers Liability Insurance of not less than $500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy limit. 5. Builder's Risk Insurance. Unless expressly waived by the Town Manager in a written addendum or amendment to this Contract, the Contractor shall be responsible for purchasing and maintaining insurance to protect the Project from perils of physical loss. The insurance shall provide for the full cost of replacement for the entire Project at the time of any loss. The insurance shall include as named insureds the Town, the Contractor, the Contractor's Subcontractors and sub -subcontractors and shall insure against loss from the perils of fire and all-risk coverage for physical loss or damage due to theft, vandalism, collapse, malicious mischief, transit, flood, earthquake, testing, resulting loss arising from defective design, negligent workmanship or defective material. The Contractor shall increase the coverage limits as necessary to reflect changes in the estimated replacement cost. C. Cancellation and Expiration Notice. Insurance required herein shall not expire, be canceled, or be materially changed without 30 Days' prior written notice to the Town. 3.12 Performance Bond. The Contractor shall be required to furnish non -revocable security binding the Contractor to provide faithful performance of this Contract in the amount of one hundred percent (100%) of the total Contract Price payable to the Town. Performance security shall be in the form of a performance bond, certified check, cashier's check or irrevocable letter of credit. This security must be in the possession of the Engineer within seven Days after execution of this Agreement by the Town. If the Contractor fails to execute and deliver the security instrument as required, the Contractor may be found in default and the Contract terminated by the Town. In case of default the Town reserves all rights. All performance bonds shall be executed in the form attached hereto as Exhibit I, duly executed by the Contractor as Principal and having as Surety thereon a Surety company approved by the Town and holding a Certificate of Authority to transact surety business in the State of Arizona by the Arizona Department of Insurance. Individual sureties are unacceptable. All Insurers and Sureties shall have, at the time of submission of the performance bond, an A.M. Best's Key Rating Guide of "A-" or better as currently listed in the most recent Best Key Guide, published by the A.M. Best Company. 3.13 Payment Bond. The Contractor shall be required to furnish non -revocable security for the protection of all persons supplying labor and material to the Contractor or any Subcontractor for the performance of any Work related to this Contract. Payment security shall be in the amount of one hundred percent (100%) of the total Contract Price and be payable to the Town. Payment security shall be in the form of a payment bond, certified check, cashier's check or irrevocable letter of credit. This security must be in the possession of the Engineer within seven Days after execution of this Agreement by the Town. If the Contractor fails to execute and deliver the security instrument as required, the Contractor may be found in default and the Contract terminated by the Town. In case of default the Town reserves all rights. All payment bonds shall be executed in the form attached hereto as Exhibit J, duly executed by the Contractor as Principal and having as Surety thereon a Surety company approved by the Town and holding a Certificate of Authority to transact surety business in the State of Arizona by the Arizona Department of Insurance. Individual sureties are unacceptable. All Insurers and Sureties shall have, at the time of submission of the payment bond, an A.M. Best's Key Rating Guide of "A-" or better as currently listed in the most recent Best Key Guide, published by the A.M. Best Company. 3.14 Changes in the Work. The Town may, without invalidating this Contract, order changes in the Work consisting of additions, deletions or other revisions to the Contract and the Contract Price and the Contract Time shall be adjusted as provided below. The Contract Price and/or the Contract Time may only be changed by 2979192.2 15 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 the Town's written approval authorizing said change, and said changes shall be performed under the applicable conditions of the Contract. The Contract Price shall be adjusted as a result of a change in the Work as follows: A. Additions. When the Town increases the scope of the Work, Contractor will perform the increased work pursuant to Contractor's unit prices set forth on the Price Sheet. B. Deletions. When the Town decreases the Work resulting in a decrease in Contractor's quantity of the Work, the Town shall be allowed a decrease in the Contract Price amounting to the quantity of the deleted Work multiplied by the Contractor's unit prices. C. Estimating. Whenever the Town is considering a change to the Work, Contractor shall promptly, and in any event within five business days, estimate the price of the contemplated additional or deleted Work in good faith and as accurately as is then -feasible. The estimate shall show quantities of labor, material and equipment and shall be pursuant to the rates set forth in the Contractor's Bid. 3.15 Substantial Completion. When the Contractor considers that the Work is Substantially Complete, the Engineer shall prepare and submit to the Contractor a comprehensive list of Punch List items, which the Contractor may edit and supplement. The Contractor shall proceed promptly to complete and correct Punch List items. Failure to include an item on the Punch List does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. The Town shall determine when the Project and the Contractor's Work is substantially complete. "Substantial Completion" means construction has been completed in accordance with the Contract Documents to the extent that the Town can use or occupy the entire Project, or the designated portion of the Project, for the use intended without any outstanding, concurrent construction at the site, except as may be required to complete or correct Punch List items. A prerequisite for Substantial Completion, over and above the extent of construction completion required, is receipt by the Town of acceptable documentation that Contractor has successfully tested and demonstrated all systems for their intended use. The date of Substantial Completion shall be confirmed by a Certificate of Substantial Completion signed by the Town and Contractor. The Certificate of Substantial Completion signed by the Town and Contractor shall state the respective responsibilities of the Town and the Contractor for security, maintenance, utilities, damage to the Work and insurance. The Certificate of Substantial Completion shall also include the Punch List as created by the Contractor and modified by the Town and establish the time for completion and correction of all Punch List items. If the Town and the Contractor cannot agree as to the appropriate date of Substantial Completion, such issue shall be submitted for dispute resolution in accordance with the procedures set forth in Article III, Part B below. Notwithstanding such disagreement, the Contractor shall diligently proceed with completion of the Punch List items. 3.16 Final Completion. The Town shall determine when the Project and the Contractor's Work is finally completed. "Final Completion" means completion of the Project by the Contractor in accordance with the Contract Documents, certified to the Town by the Contractor. Final Completion shall be achieved only upon the Town's written acceptance of (A) the construction, (B) all testing, (C) demonstration by Contractor that the Work functions as required by the Contract Documents and meets all Contract requirements, (D) resolution of all outstanding system deficiencies and Punch List items, if any, (E) delivery of all as -built documentation, drawings, completed record documents (with revisions made after Substantial Completion), annotated submittals and design document deliverables, (F) submittal, acceptance, and delivery of the one hundred percent (100%) complete O&M manuals, (G) delivery of warranties, inspection certificates, bonds and all other required documents, (H) all pre- requisites for final payment and (I) submittal of Contractor's request for final payment and acceptance enclosing all required documentation. Upon Final Completion the Engineer shall issue a Certificate of Final Completion to the Contractor on behalf of the Town. Following receipt of payment from the Town, the Contractor shall make all payments due to the Subcontractors. 3.17 Payments to Contractor. Compensation for all Work necessary for the completion of the Project shall be included by the Bidder in the price bid for the items shown in the Bid. Only those items listed in the 2979192.2 16 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 Bid are pay items. Payment shall be conditioned upon Contractor's compliance with the payment terms and conditions set forth below. Contractor expressly acknowledges and agrees that (A) the Contract Price is an estimated amount based upon an engineer's estimate of the quantities of the Materials deemed necessary to perform the Work and (B) the amount of any payment to be made pursuant to this Contract shall be determined by the field -measured quantities of Materials actually installed by Contractor. Material or equipment delivered to the Project by or on behalf of Contractor shall not constitute material or equipment furnished in the performance of the Work until same has been incorporated into the improvements constituting the Project. Payment shall not constitute acceptance by the Town or evidence thereof of any Work performed. A. Progress Payments. 1. On or before the 15th day of each month after construction has commenced, the Contractor shall submit to the Town an application for payment consisting of the cost of the Work performed up to the end of the prior month, including the cost of material stored on the site or at other locations approved by the Town. The application shall be deemed approved and certified for payment seven Days after it is submitted unless before that time the Town prepares and issues a specific written finding setting forth those items in detail that are not approved for payment under the Contract. Prior to submission of the next application for payment, the Contractor shall make available at the request of the Town a statement accounting for the disbursement of funds received under the previous application for purposes of audit. The extent of such statement shall be as agreed upon between the Town and Contractor. 2. Within 14 Days after approval of each monthly application for payment, the Town shall pay directly to the Contractor the appropriate amount for which application for payment is made, less amounts (a) previously paid by the Town, (b) sufficient to pay expenses the Town reasonably expects to incur in correcting deficiencies which are set forth in writing and provided to the Contractor and (c) any retainage as set forth in subsection 3.17(B) below. 3. The Town's progress payment, occupancy or use of the Project, whether in whole or in part, shall not be deemed as acceptance of any Work not conforming to the requirements of this Contract. 4. Upon Substantial Completion of the Work, the Town shall pay the Contractor the unpaid balance of the cost of the Work, less a sum equal to the Contractor's estimated cost of completing any unfinished items as agreed to between the Town and the Contractor as to extent and time for Final Completion. The Town thereafter shall pay the Contractor monthly the amount retained for unfinished items as each item is completed. B. Retainage. With respect to the Work, the Town shall retain ten percent (10%) of the amount of each estimate until Final Completion and acceptance of all Material, equipment and Work covered by this Contract. 1. Any securities submitted by Contractor in lieu of retainage as may be allowed by law, shall be deposited in an escrow account by the Town. The Town shall be listed as payee or multiple payees with Contractor on all such securities. 2. When the Work is fifty percent (50%) completed, one-half of the amount retained including any securities substituted pursuant to subsection 3.17 (13)(1) shall be paid to the Contractor upon the Contractor's request, provided the Contractor is making satisfactory progress on the Work and there is no specific cause or claim requiring a greater amount to be retained. After the construction Work is fifty percent (50%) completed, no more than five percent (5%) of the amount of any subsequent progress payments made under this Contract may be retained, provided the Contractor is making satisfactory progress on the Project. If, at any time, the Town determines satisfactory progress is not being made, ten 2979192.2 17 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 percent (10%) retention shall be reinstated for all progress payments made under this Contract after the determination. C. Payment for On-site and Off-site Stored Materials. Payment shall be made on account of Materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. Payment may similarly be made for Materials and equipment suitably stored off the site, conditioned upon the Contractor furnishing evidence to the Town that (1) title to the Materials and equipment will pass to the Town upon payment therefore, (2) the Materials and equipment are adequately safeguarded and insured, including during transit from the off-site location to the Project site and (3) such other matters as the Town may reasonably request in order to protect its interests. With the prior, written approval of the Town, Contractor may advance order the bulk delivery of Materials to be incorporated into the Work over the course of this Contract. Upon delivery and receipt of supplier invoice, the Town shall pay for the bulk delivery, either directly to the Contractor or to the vendor or by joint check to Contractor and vendor, and shall receive a full release for the amount paid from vendor and Contractor. Contractor agrees to assume full responsibility for the safekeeping of all such Materials and shall guarantee to the Town that such Materials shall remain safe from theft or damage from any and all causes (unless caused by the sole negligence of the Town). Contractor shall immediately replace, repair or restore said Materials to their original condition so as to not cause any delay in the Work, and Contractor shall indemnify and hold harmless the Town for, from and against any and all loss, cost, liability or expense resulting from any loss or damage to any of the Materials described herein from any cause unless due to the Town's sole negligence. Should the Town have reason to believe Contractor is not properly safeguarding any of the Materials, the Town shall have the right, but not the affirmative duty, to immediately take such steps as it deems necessary to do so, including removing Contractor from the job, replacing any Materials or expending any sums to properly carry out Contractor's responsibility hereunder, and any amounts so expended shall be billed back to Contractor or deducted from any sums then or thereafter due to Contractor. Contractor shall fully insure all Materials stored on site as required by the Town, and if such insurance is not obtained due to a lack of insurable interest, the Town shall have the right to obtain such insurance and charge the amount thereof back to Contractor or deduct said amount from any funds then or thereafter due to Contractor. D. Title to Construction Work. The Contractor warrants that title to all Work covered by an application for payment shall pass to the Town no later than the time of payment. The Contractor further warrants that upon submittal of an application for payment, all Work for which applications for payment have been previously issued and payments received from the Town shall be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, Materials and equipment relating to the Work. E. Final Payment. 1. Final payment, consisting of the unpaid balance of the cost of the Work shall be due and payable at Final Completion and acceptance by the Town. Before issuance of final payment, the Town may request satisfactory evidence that all payrolls, Materials bills and other indebtedness connected with the Work have been paid or otherwise satisfied. 2. Simultaneously with Contractor's request for final payment, Contractor shall submit the following items to the Town Representative: a. ral maintenance of the documentation shall Red -line construction record drawings. Warranties. Two sets of documentation completely covering the operation and mechanical and electrical installation and all other equipment. The include charts, diagrams, performance curves, catalog information, 2979192.2 18 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 lubrication manuals, and details pertaining to the functioning of various items of equipment. The documentation shall be divided logically into "systems" on the basis of operation, without respect to trades, subcontractors or arbitrary specifications sections. The relationship of the "systems" shall be clearly and concisely detailed. d. Affidavit Regarding Settlement of Claims. Other items reasonably required by the Town Representative. In making final payment the Town waives all claims except for: a. Outstanding liens. b. Improper workmanship or defective Materials. Work not in conformance with this Contract or Work not completed. d. Terms of any special warranties required by this Contract. e. Delivery to Town of all warranties, operation and maintenance manuals, "AS -BUILT" record drawings and other documents as required by this Contract. f. Right to audit Contractor records for a period of three years. g. Claims previously made in writing and which remain unsettled. 4. Acceptance of final payment by the Contractor shall constitute a waiver of affirmative claims by the Contractor, except those previously made in writing and identified as unsettled at the time of final payment. F. Warranty. Contractor or its assignee shall give to the Town a one-year warranty against deficiencies in material and workmanship for all Work on the Project or other such warranty as required by the Town Engineer, which warranty shall begin on the date that the Town accepts the Work as provided in this Section. Any material deficiencies in material or workmanship identified by Town staff during the one-year warranty period shall be brought to the attention of the Contractor or its assignee that provided the warranty, which shall promptly remedy or cause to be remedied such deficiencies to the reasonable satisfaction of the Town Engineer. Continuing material deficiencies in a particular portion of the Work shall be sufficient grounds for the Town to require (1) an extension of the warranty for an additional one-year period and (2) the proper repair of or the removal and reinstallation of, that portion of the Work that is subject to such continuing deficiencies. Regardless of whether the applicable warranty period has expired, the Contractor agrees to repair any damage to the Work caused by Contractor's construction activities on the Property. Nothing contained herein shall prevent the Town or Contractor from seeking recourse against any other third party for damage to the Work caused by such third party. 3.18 Offset. A. Offset for Damages. In addition to all other remedies at law or equity, the Town may offset from any money due to the Contractor any amounts Contractor owes to the Town for damages resulting from breach or deficiencies in performance or breach of any obligation under this Contract. B. Offset for Delinquent Fees or Taxes. The Town may offset from any money due to the Contractor any amounts Contractor owes to the Town for delinquent fees, transaction privilege taxes and property taxes, including any interest or penalties. 2979192.2 19 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 PART B - PERFORMANCE OF THE WORK 3.19 Project Videotape. The Contractor shall produce and provide a project videotape to the Engineer as required by MAG Supplement Section 105.5.3. All costs associated with the Project videotape produced in accordance with this Section shall be deemed incidental. 3.20 Soil and Subsurface Conditions. In addition to conformance to MAG Specifications, Section 102.4 (Examination of Plans, Special Provisions and Site Work), the Contractor shall make its own determinations as to the soil and subsurface conditions, including rock, caliche and ground water and shall complete the Work in whatever material and under whatever conditions may be encountered or created, without extra cost to the Town pursuant to the provisions of the MAG Supplement Section 102.4.1. 3.21 Work Scheduling. Time is of the essence for this Contract. Contractor shall provide the Engineer with any requested scheduling information and a proposed schedule for performance of the Work within the Contract Time in a form acceptable to the Engineer and approved by the Engineer, in his sole and absolute discretion, providing for commencement and completion of the Work (the "Schedule"). The Schedule shall include the date for Substantial Completion of the Work. The Engineer may revise the Schedule during the course of the Work. Contractor, to induce the Town to enter into this Contract, has and does hereby agree to fully perform and complete the Work for the Contract Price within the Schedule. 3.22 Contractor's Representative. The Contractor or his authorized representative shall be present at the Work site at all times during working hours. Instructions and information provided by the Engineer to the Contractor's representative shall be considered as having been given to the Contractor, per MAG Supplement Section 105.5.2. 3.23 Prosecution of the Work. The Contractor shall prosecute the Work so that the portion of the Work completed at any point in time shall be not less than as required by the Schedule. If the delay is an Inexcusable Delay, as defined below, the Contractor shall prepare a recovery schedule for the Engineer's review and approval, showing how the Contractor will compensate for the delays and achieve Substantial Completion by the date(s) shown on the Schedule. If the Contractor is unable to demonstrate how it will overcome Inexcusable Delays, the Engineer may order the Contractor to employ such extraordinary measures as are necessary to bring the Work into conformity with the Substantial Completion date(s) set forth therein, the costs of which shall be included as part of the Cost of the Work. If the delay is an Excusable Delay, as defined below, the Engineer shall either (A) authorize an equitable extension in the Schedule to account for such delay, and equitably adjust the contract sum on account of such delay or (B) request that the Contractor prepare a recovery schedule showing how (if possible) the Contractor can achieve Substantial Completion by the applicable date shown on the Schedule, and equitably adjust the Contract Price in accordance with the provisions of this Contract on account of any extraordinary activities required of the Contractor on account of such recovery schedule. 3.24 Extensions of Time. A. Allowable Extensions. An extension in the scheduled date of Substantial Completion will only be granted in the event of Excusable Delays affecting the Schedule for the Work. The Contractor shall be entitled to general condition costs and extra costs related to the Excusable Delay for idle labor, equipment inefficiency and lost productivity of the performance of the Work. The Contractor must submit evidence reasonably satisfactory to the Town substantiating such costs. Such adjustment to the Price and Substantial Completion date shall be issued in a Change Order or Contract amendment, as applicable. B. Excusable Delay. To the extent any of the following events results in an actual delay in the Work, such shall constitute an "Excusable Delay" (to the extent not set forth below, a delay will be considered an "Inexcusable Delay"): Delays resulting from Force Majeure. 2979192.2 20 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 2. Differing, unusual or concealed site conditions that could not reasonably have been anticipated by the Contractor in preparing the Schedule, including, without limitation, archaeological finds and unusual soil conditions (including rock or other geological conditions), underground foundations, abandoned utility lines and water conditions. 3. Delays resulting from the existence or discovery of Hazardous Materials on the Site not brought to the Site by the Contractor. 4. Delays resulting from changes in Applicable Laws occurring after the date of execution of this Contract. Delays occurring due to the acts or omissions of the Town and those within the control of the Town. 6. Delays occurring due to the acts or omissions of a utility, so long as Contractor has coordinated with the utility causing the delay and the delay occurs despite reasonable steps taken by Contractor to avoid the delay. 7. Delays resulting from weather conditions that make it unreasonable to perform the Work in accordance with the Schedule; provided, however, that Contractor's Schedule shall be deemed to include 14 Days for weather delays (the "Expected Delay Days"), regardless of whether such weather delays are specifically set forth in the Schedule. Contractor shall notify the Town within 24 hours in writing of a weather related delay. If Contractor fails to give the required 24-hour notice, no such weather delay will be subtracted from the Expected Delay Days. Weather delays shall not be deemed "Excusable" unless all of the Expected Delay Days have been exhausted. 8. Delays resulting from Additional Work (defined below) that cannot be performed concurrently with the Work on the Schedule. C. Required Notice. In order to obtain an extension of time due to an Excusable Delay, the Contractor shall comply with the following requirements. The Contractor shall notify the Engineer in writing of the Excusable Delay as soon as practicable, but in no event more than seven Days after the Contractor becomes aware of the occurrence of the Excusable Delay. Such notice shall describe the Excusable Delay and shall state the approximate number of Days the Contractor expects to be delayed. After the cessation of the Excusable Delay, the Contractor shall notify the Engineer of the number of Days the Contractor believes that its activities were in fact delayed by the Excusable Delay. In the event that the delay arises as a result of a Change Order request by the Town, the request for an extension of time contained in the resulting Change Order proposal shall be deemed sufficient for purposes of this subsection. D. Determination. Within 10 Days after cessation of an event giving rise to either an Excusable Delay or Inexcusable Delay, the parties will use good faith efforts to agree on the extent to which the Work has been delayed and whether the delay is an Excusable Delay or an Inexcusable Delay. In the absence of agreement between the parties as to the then -current status of Excusable Delays and Inexcusable Delays, the Engineer will provide the Contractor with written notice of Engineer's determination of the respective number of Days of Excusable Delay and/or Inexcusable Delay. The Engineer's determination may be issued at such time as the Engineer deems reasonable, but not later than 10 Days after receipt by the Engineer of the Contractor's written request for such determination. The Contractor shall not, however, deem an issuance by the Engineer of such a determination to be a concurrence of the matters set forth in the Contractor's request. The Contractor may invoke the dispute resolution procedures set forth in Part D below with respect to such determination. E. Concurrent Delay. To the extent the Contractor is entitled to an extension of time due to an Excusable Delay, but the performance of the Work would have been suspended, delayed or interrupted by the 2979192.2 21 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 fault or neglect of the Contractor or by an Inexcusable Delay, the Contractor shall not be entitled to any additional costs for the period of such concurrency. 3.25 Liquidated Damages. It is expressly understood that should Contractor fail to complete the Work covered hereby within the Contract Time, the Contractor agrees to pay and shall pay to the Town upon request therefore for each Day of delay beyond the original or revised scheduled time of completion of Contractor's Work as liquidated damages, and not as a penalty, in the amount per Day as set forth in MAG Specifications for each Day of delay. A. Prior to Termination. If the Contract is not terminated, the Contractor shall continue performance and be liable to the Town for the liquidated damages until the Work is complete. B. After Termination. In the event the Town exercises its right of termination, the Contractor shall be liable to the Town for any excess costs and, in addition, for liquidated damages until such time as the Town may reasonably obtain delivery or performance of similar Services. 3.26 Suspension by the Town for Convenience. A. Town Determination. The Town may order the Contractor in writing to suspend, delay or interrupt all or any part of the Work without cause for such period of time as the Town may determine to be appropriate for its convenience. B. Contract Adjustments. Adjustments caused by suspension, delay or interruption shall be made for increases in the applicable contract sum and/or the date(s) of Substantial Completion. No adjustment shall be made if the Contractor is or otherwise would have been responsible for the suspension, delay or interruption of the Work, or if another provision of this Contract is applied to render an equitable adjustment. 3.27 Termination by the Town for Convenience. The Town may, upon 30 Days' written notice to the Contractor, terminate this Contract, in whole or in part, for the convenience of the Town without prejudice to any right or remedy otherwise available to the Town. Upon receipt of such notice, the Contractor shall immediately discontinue all Services affected unless such notice directs otherwise. In the event of a termination for convenience of the Town, the Contractor's sole and exclusive right and remedy shall be payment for all Work performed through the date of termination. The Contractor shall not be entitled to be paid any amount as profit for unperformed Services or consideration for the Town's termination by convenience. 3.28 Termination by the Town for Cause. A. Default, Cure. If the Contractor refuses or fails to supply sufficient properly skilled staff or proper Materials, or disregards laws, ordinances, rules, regulations, or orders of any public authority jurisdiction, or otherwise substantially violates or materially breaches any term or provision of this Contract, and such nonperformance or violation continues without cure for 15 Days after the Contractor receives written notice of such nonperformance or violation from the Town, then the Town may, without prejudice to any right or remedy otherwise available to the Town, terminate this Contract. B. Substitute Performance. Upon termination of this Contract by the Town, the Town shall be entitled to furnish or have furnished the Services to be performed hereunder by the Contractor by whatever method the Town may deem expedient. Also, in such case, the Contractor shall not be entitled to receive any further payment until completion of the Work, and the total compensation to the Contractor under this Contract shall be the amount that is equitable under the circumstances. If the Town and the Contractor are unable to agree on the amount to be paid under the foregoing sentence, the Town shall fix an amount, if any, that it deems appropriate in consideration of all of the circumstances surrounding such termination, and shall make payment accordingly. The Contractor may dispute the Town's assessment of the termination amount pursuant to the dispute resolution process set forth in in Part D of this Contract. 2979192.2 22 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 C. Contractor Insolvency. Upon the appointment of a receiver for the Contractor, or if the Contractor makes a general assignment for the benefit of creditors, the Town may terminate this Contract, without prejudice to any right or remedy otherwise available to the Town, upon giving three business days' written notice to the Contractor. If an order for relief is entered under the bankruptcy code with respect to the Contractor, the Town may terminate this Contract by giving three business days' written notice to the Contractor unless the Contractor or the trustee completes all of the following: Promptly cures all breaches within such three-day period. 2. Provides adequate assurances of future performance. Compensates the Town for actual pecuniary loss resulting from such breaches. 4. Assumes the obligations of the Contractor within the established time limits. 3.29 Contract Subject to Appropriation. The Town is obligated only to pay its obligations set forth in this Agreement as may lawfully be made from funds appropriated and budgeted for that purpose during the Town's then current fiscal year. The Town's obligations under this Agreement are current expenses subject to the "budget law" and the unfettered legislative discretion of the Town concerning budgeted purposes and appropriation of funds. Should the Town elect not to appropriate and budget funds to pay its Agreement obligations, this Agreement shall be deemed terminated at the end of the then -current fiscal year term for which such funds were appropriated and budgeted for such purpose and the Town shall be relieved of any subsequent obligation under this Agreement. The parties agree that the Town has no obligation or duty of good faith to budget or appropriate the payment of the Town's obligations set forth in this Agreement in any budget in any fiscal year other than the fiscal year in which this Agreement is executed and delivered. The Town shall be the sole judge and authority in determining the availability of funds for its obligations under this Agreement. The Town shall keep Contractor informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is not a general obligation or indebtedness of the Town. Contractor hereby waives any and all rights to bring any claim against the Town from or relating in any way to the Town's termination of this Agreement pursuant to this section. 3.30 Additional Work, Materials and/or Overtime. Contractor expressly agrees that if overtime or additional workers or materials are necessary to meet the Schedule, that such overtime will be performed or additional workers or materials will be procured by the Contractor, and the additional expense thereof shall be borne by Contractor unless the delay requiring overtime was directly caused by the Town, in which event Contractor shall be entitled to compensation for such overtime Work. If the Town requests Contractor to perform additional Work in connection with the Project ("Additional Work"), Contractor shall charge the Town a negotiated fixed amount for the Additional Work. In the event a fixed amount cannot be negotiated, Contractor shall invoice the Town on a time and materials basis for the Additional Work at the unit prices set forth in the price sheet. 3.31 No Damage for Delay or Additional Work by the Town. Contractor shall adjust its operations to conform to any progress schedule changes and hereby waives and releases the Town from any liability for damages or expenses that may be caused to or sustained by Contractor by reason of such changes or by reason of delays in the Work, whether caused in whole or in part by conduct on the part of the Town, including without limitation, any breach of this Contract or delays by other contractors or Subcontractors. Contractor's exclusive remedy in event of delay or Additional Work by the Town shall be an extension of time hereunder to complete the Work. 3.32 Risk of Loss. Contractor shall assume the risk of loss occasioned by fire, theft or other damage to Materials, machinery, apparatus, tools and equipment relating to the Work prior to actual installation in final place on the Project and acceptance by the Town. Contractor shall be responsible for damage to the Materials, 2979192.2 23 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 machinery, apparatus, tools, equipment and property of the Town and other contractors resulting from the acts or omissions of its Subcontractors, employees, agents, representatives Subcontractors, and for payment of the full costs of repair or replacement of any said damage. 3.33 Protection of Finished or Partially Finished Work. The Contractor shall properly guard and protect all finished or partially finished Work and shall be responsible for the same until the entire Contract is completed and accepted by the Engineer. The Contractor shall turn over the entire Work in full accordance with this Contract before final settlement shall be made. 3.34 Character and Status of Workers. Only skilled foremen and workers shall be employed on portions of the Work requiring special qualifications. When required by the Engineer, the Contractor shall discharge any person who is, in the opinion of the Engineer, disorderly, dangerous, insubordinate, incompetent or otherwise objectionable. The Contractor shall indemnify and hold harmless the Town from and against damages or claims for compensation that may occur in the enforcement of this Section. The Contractor shall be responsible for ensuring the legal working status of its employees and its Subcontractor's employees. The Contractor agrees that once assigned to Work under this Contract, key personnel shall not be removed or replaced without written notice to the Town. If key personnel are not available for Work under this Contract for a continuous period exceeding 30 Days, or are expected to devote substantially less effort to the Work than initially anticipated, the Contractor shall immediately notify the Town and shall, subject to the concurrence of the Town, replace such personnel with personnel of substantially equal ability and qualifications. 3.35 Work Methods. The methods, equipment and appliances used on the Work shall be such as will produce a satisfactory quality of Work, and shall be adequate to complete the Contract within the Contract Time. Except as is otherwise specified in this Contract, the Contractor's procedure and methods of construction may, in general, be of its own choosing, provided such methods (A) follow best general practice and (B) are calculated to secure results which will satisfy the requirements of this Contract. The Work covered by this Contract shall be carefully laid out in advance and performed in a manner to minimize interference with normal operation and utilization of the Town's right-of-way. The Contractor shall exercise caution during the course of this Work to avoid damage to all known existing or possible unknown existing underground utilities. It shall conduct its operations in such a manner as to avoid injury to its personnel and to avoid damage to all utilities. Any damage done will be repaired without delay and at the expense of the Contractor. 3.36 Safety Fencing Requirement for Trenches and Excavations. The Contractor shall provide safety construction fencing around all open trenches and excavations during all non -working hours. In addition, the Contractor shall provide safety fencing around the Project site during working hours in order to ensure public safety. The Contractor shall provide for the safety and welfare of the general public by adequately fencing all excavations and trenches that are permitted by the Engineer to remain open when construction is not in progress. Fencing shall be securely anchored to approved steel posts located not less than six feet on center, having a minimum height of six feet, and shall consist of wire mesh fabric of sufficient weight and rigidity to adequately span a maximum supporting post separation of six feet. The fencing, when installed about the periphery of excavations and trenches, shall form an effective barrier against intrusion by the general public into areas of construction. The Contractor, at all times when construction is not in progress, shall be responsible for maintaining the fencing in good repair, and upon notification by the Engineer, shall take immediate action to rectify any deficiency. Prior to the start of any excavation or trenching required for the execution of the proposed Work, the Contractor shall submit to the Engineer for approval, detailed plans showing types of materials and methods of fabrication for the protective fencing. There will be no separate measurement or payment for furnishing, installing, or maintaining protective fencing. The cost shall be considered incidental to the cost of any other structures for which trenching is necessary. 3.37 Plans and Shop Drawings, Samples and Substitution of Materials. All submittals shall conform to MAG Specifications, Section 105.2 (Plans and Drawings) as modified by the MAG Supplement. Contractor shall furnish, within three business days following request therefore by the Town, detailed drawings of the Work, 2979192.2 24 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 samples of Materials and other submittals required for the performance or coordination of the Work. Substitutions shall be equal or superior to Materials specified in the Contract Documents, shall be clearly identified on submittals as "proposed substitutions" and shall be approved by the Town in accordance with Section 2.4 above. Contractor shall be fully responsible for the adequacy, completeness and promptness of all such submittals. Materials shall not be furnished to the jobsite unless same is in strict compliance with the Specifications or otherwise approved in writing by the Town. Approval by the Town shall not relieve Contractor of full responsibility for compliance with scope, intent and performance in accordance with this Contract. 3.38 Utilities. A. Cooperation. The Contractor shall comply with the requirements of MAG Specifications 105.6, as modified by the MAG Supplement. B. Utilities Shown on the Plans. 1. Regardless of what utilities are shown on the plans, it shall be Contractor's responsibility to verify these locations and any additional lines which may exist through consulting with the Town, utility companies and "Blue Stake." 2. Existing utilities are indicated on Project plans in accordance with the best information available. Contractor shall notify all owners of utilities when its Work is in progress and shall make such arrangements as are necessary to make any emergency repair to any utility, in a manner satisfactory to the Town of a damaged utility line, including individual or house service utility lines. 3. No extra compensation will be made for the repair of any individual or house service utility or utility lines damaged by Contractor's labor forces or equipment, nor for any damage incurred through neglect or failure to provide protective barriers, lights and other devices or means required to protect such existing utilities. 4. Contractor shall expose all sanitary and storm sewers, water, gas, electric, telephone utility lines, and other underground structures that might interfere with the Work, in order to permit survey location prior to construction. 5. Contractor shall assume full responsibility for damages to any underground facility/utility properly shown on the Plans or properly located by the Utility owner, as a result of failing to obtain information as to its location, failing to excavate in a careful and prudent manner (as defined in MAG Specifications), or failing to take measures for protection of the facilities/utilities. The Contractor is liable to the owner of the underground facility/utility for the total cost of the repair. C. Utilities Not Shown on the Plans. 1. If utility lines are encountered that are not shown on the plans, and not located, or incorrectly located by the utility owner, other than individual or house service utility lines, and these lines are damaged or work is required to clear same, then MAG Specifications, Section 109.8 and Amz. REV. STAT. § 40-360.21 et seq. shall apply. 2. The work necessary for the raising, lowering, or relocating of any such utility shall be at the utility owner's expense. The necessary Work may be done by the utility owner or by Contractor, or as a collaborative effort, at the option of the utility owner. All Work shall be in accordance with the standards of the Town and the utility owner. 2979192.2 25 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 3. In most cases, individual or house service utility lines are not shown on the Plans. It shall be Contractor's responsibility to locate and protect these individual or house services. If, due to Contractor's operations, any of these lines are damaged, it shall repair or replace these lines in a manner satisfactory to the owner of the utility at no extra cost to the Town. In addition, the cost of location, protection, and working around these individual or house service utility lines shall be included in Contractor's bid for the Work under this Contract. 3.39 Sampling and Testing. Sampling and testing shall conform to the requirements of the MAG Specifications, Section 106, as modified by the MAG Supplement. The Contractor shall obtain an independent laboratory or testing company and pay all costs of testing required by the Contract Documents, including testing required by MAG, the Specifications, the Town and other jurisdictional bodies. A copy of all test results shall be furnished to the Engineer in a summary report submitted at the subsequent construction progress meeting (time and date to be set upon Contract award) for tests performed. At Substantial Completion, the Contractor shall submit a final test report containing all test results which certifies the Work complies with the Specifications. This report shall be sealed by a professional engineer registered in the State of Arizona who was responsible for overseeing the testing and sampling. 3.40 Cooperation between Contractors. The Contractor shall comply with the requirements of MAG Specifications, Section 105.7, as modified by the MAG Supplement. 3.41 Outdoor Construction Time Restrictions. Unless otherwise permitted by the Engineer, construction will be restricted as listed in the following table: May 15 — September 15 September 16 — May 14 5:30 a.m. to 6:30 p.m. 6:00 a.m. to 6:30 p.m. Construction Work shall not begin Work prior to 7:00 a.m. and shall stop by 5:00 p.m. on Saturdays. There shall be no Construction Work on Sundays and all Town, State and Federal holidays. 3.42 Construction Survey. Construction survey and as -built record drawings shall conform to the requirements of the MAG Specifications, Section 105.8 (Construction Stakes, Lines and Grades), as modified by the MAG Supplement. Contractor shall provide and pay for all building layout staking, including elevations and all other Project staking. Replacement of construction stakes that have been knocked out due to Contractor's Work or lack of Work, weather conditions, traffic, vandalism or utility contractors will be done at Contractor's expense. 3.43 Survey Control Points. Existing survey markers (either brass caps or iron pipes) shall be protected by the Contractor or removed and replaced under direct supervision of the Engineer. Survey monuments shall be constructed to the requirements of MAG Specifications, Section 405. Lot corners shall not be disturbed without knowledge and consent of the property owner. The Contractor shall replace benchmarks, monuments or lot corners moved or destroyed during construction at no expense to the Town. Contractor and its sureties shall be liable for correct replacement of disturbed survey benchmarks except where the Town elects to replace survey benchmarks using its own forces. 3.44 Stockpile of Materials. A. Engineer Approval. The Contractor may, if approved by the Engineer, place or stockpile Materials in the public right-of-way provided such Materials do not prevent access to adjacent properties or prevent compliance with traffic regulations. An encroachment permit shall be required. Any applicable cost shall be paid by the Contractor and shall be presumed to be part of the Contractor's bid. 2979192.2 26 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 B. No Traffic Interference. Traffic shall not be required to travel over stockpiled Materials and proper dust control shall be maintained. 3.45 Excess Materials. When excavations are made, resultant loose earth shall be (A) utilized for filling by compacting in place or (B) disposed of off-site. Excess or unsuitable material, broken asphaltic concrete and broken portland cement concrete excavated from the right-of-way shall be removed from the Project Site and disposed of by the Contractor. Waste material shall not be placed on private property without express permission of the property owner. The Contractor shall, at all times, keep the premises free from accumulation of waste materials or rubbish caused by its operations. At the completion of the Work, Contractor shall remove all equipment, tools and surplus materials, and shall completely clean the premises, removing and disposing of all debris and rubbish and cleaning all stains, spots, marks, dirt, smears or other blemishes. When the Work premises are turned over to the Town, they shall be thoroughly clean and ready for immediate use. Clean-up shall include removal of all excess pointing mortar materials within pipes and removal of oversized rocks and boulders left after finish grading. The Contractor shall provide for the legal disposal of all waste products and debris and shall make necessary arrangements for such disposal. 3.46 Dust Control and Water. Contractor shall implement dust control measures in accordance with MAG Specifications, Section 104.1, and the MAG Supplement. Installation and removal of fire hydrant meters should be scheduled at least three business days in advance through the Chaparral City Water Company. Watering shall conform to the provisions of MAG Specifications, Section 225. A deposit and installation fee in amounts set forth in the Chaparral City Water Company's fee schedule is required for each meter. The cost of the water is at the prevailing rate. 3.47 Storm Water. Contractor shall obtain all local, county, state and federal storm water permits. 3.48 Temporary Sanitary Facilities. The Contractor shall provide ample toilet facilities with proper enclosures for the use of workers employed on the Work site. Toilet facilities shall be installed and maintained in conformity with all applicable State and local laws, codes, regulations and ordinances and shall be properly lit and ventilated, and kept clean at all times. Adequate and satisfactory drinking water shall be provided at all times and under no circumstances and under no conditions will the use of common cups be permitted. The Contractor must supply sanitary drinking cups for the benefit of all employees. 3.49 Electric Power, Water and Telephone. Unless otherwise specified, the Contractor shall make its own arrangements for electric power, water and telephone as needed. Subject to the convenience of the utility, it may be permitted to connect to existing facilities where available, but Contractor shall meter and bear the cost of such power or water, and installation and disconnect of such power, water and telephone services. 3.50 Energized Aerial Electrical Power Lines. Utility companies may maintain energized aerial electrical power lines in the immediate vicinity of this Project. Contractor shall not presume any such lines to be insulated. Construction personnel working in proximity to these lines may be exposed to an extreme hazard from electrical shock. Contractor shall ensure that its employees and all other construction personnel working on this Project are warned of the danger and instructed to take adequate protective measures, including maintaining a minimum ten feet of clearance between the lines and all construction equipment and personnel. (see: OSHA Std. 1926.550 (a) 15, as amended). As an additional safety precaution, Contractor shall call the affected utility companies to arrange, if possible, to have these lines de -energized or relocated when the Work reaches their immediate vicinity. The cost of such temporary arrangements shall be borne by the Contractor. Contractor shall account for the time necessary to cause such utility disconnection in the preparation of its Bid. Electrical utility companies may maintain energized underground electrical power lines in the immediate vicinity of this Project. These power lines represent an extreme hazard of electrical shock to any construction personnel or equipment coming in contact with them. Arizona law requires all parties planning excavations in public rights-of-way to contact all utility firms for locations of their underground facilities. Contractor shall ensure that its employees and 2979192.2 27 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 all other personnel working near any underground power lines must be warned to take adequate protective measure. (see: OSHA Std. 1926-651 (A), as amended). 3.51 Site Clean Up. Contractor shall at all times, but not less than daily unless otherwise agreed by Town Representative, keep the premises on which the Work is being performed clean and free from accumulation of any waste materials, trash, debris and excess dirt, and at all times shall remove Contractor's implements, machinery, tools, apparatus and equipment from the jobsite when not needed on the jobsite. Should the Town Representative find it necessary in his/her opinion to employ help to clean up, remove or store any of the foregoing due to failure of Contractor to do so, the expense thereof shall be charged to Contractor. Verbal notice from the Town Representative on clean-up or removal is considered adequate notice hereunder, and failure to conform with his/her request within 24 hours thereof will be construed as a breach of this Contract by the Contractor and such charges will be made against Contractor's account as are necessary to accomplish the clean-up or removal. The cost of cleanup, removal or storage by the Town, if not deducted by the Town from monies due Contractor, shall be paid by Contractor within five business days of written demand by the Town. 3.52 Use of the Site. Contractor shall at all times comply fully with all laws, orders, citations, rules, regulations, standards and statutes with respect to occupational health and safety, the handling and storage of hazardous materials, accident prevention and safety equipment and practices, including any accident prevention and safety program of the Town; provided, however, that the Town shall not be required to impose any safety requirements or administer any such programs and the review or requirement of any safety plan by the Town shall not be deemed to release Contractor or in any way diminish its liability, by way of indemnity or otherwise, as assumed by it under this Contract. Contractor shall conduct inspections regularly to determine that safe working conditions and equipment exist and accepts sole responsibility for providing a safe place to Work for its employees and employees of its Subcontractors, laborers, suppliers of material and equipment and any other person visiting the Site, for adequacy of and required use of all safety equipment and for compliance herewith. When so ordered, Contractor shall stop any part of the Work that the Town deems unsafe until corrective measures satisfactory to the Town have been taken. Should Contractor neglect to adopt such corrective measures, the Town may do so and deduct the cost from payments due Contractor. Contractor shall timely submit copies of all accident or injury reports to the Town. 3.53 Public Information and Notification. The Contractor shall submit a public information and notification plan for this Project (the "Notification Plan") to the Town Representative at the first pre -construction meeting held prior to start of construction. The Notification Plan shall include, at a minimum, the items set forth in this Section 3.53; provided, however, that the Engineer may waive any portion of the requirements of this Section upon a written determination that the Project scope does not warrant such notification. Contractor shall provide Project information to affected residents and homeowners' associations prior to and throughout the Project's duration. The Contractor shall use the Notification Plan to inform the local citizens, businesses and Town officials, not less than five business days in advance, of (A) necessary operations that create high noise levels, (B) street closures, (C) detour locations, (D) haul routes and material delivery routes and (E) disruption of bus routes, mail routes and other delivery/pick-up routes. A. Intentionally omitted. B. Intentionally omitted. C. Public Meetings. The Contractor shall attend such public meetings as deemed necessary by the Town Manager or authorized designee. D. Press Releases. The Contractor shall, at the request of the Engineer, prepare press releases regarding the Project. E. Payment for Public Notification. The Town will pay, based on time and materials invoices, an amount not to exceed the amount designated in the Price Sheet and entitled COMMUNITY 2979192.2 28 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 RELATIONS, for Work performed in accordance with the Notification Plan. Work that is eligible for reimbursement includes: the "Dear Neighbor" letters; bi-monthly progress reports; meetings with impacted businesses, residents, schools, churches or other groups; scheduling newsletter when necessary (at least monthly); temporary signs for local access; and maintaining the Hotline. No payment will be made under this item for any Day during which there are substantial deficiencies in compliance, as determined by the Engineer. The Contractor shall submit a final report/evaluation of its Notification Plan process performed for this Project. The report shall be submitted before the Contractor receives final payment. PART C - MISCELLANEOUS 3.54 Applicable Law; Venue. This Contract shall be governed by the laws of the State of Arizona and suit pertaining to this Contract may be brought only in courts in Maricopa County, Arizona. 3.55 Conflict of Interest. This Contract is subject to the provisions of Aziz. REv. STAT. § 38-511. The Town may cancel this Contract without penalty or further obligations by the Town or any of its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting or creating this Contract on behalf of the Town or any of its departments or agencies is, at any time while the Contract or any extension of the Contract is in effect, an employee of any other party to the Contract in any capacity or a consultant to any other parry of the Contract with respect to the subject matter of the Contract. 3.56 Contract Amendments. This Contract may be modified only by a written amendment signed by persons duly authorized to enter into contracts on behalf of the Town and the Contractor; provided, however, that Change Orders may be issued and approved administratively by the Town when such changes do not alter the Contract Price. 3.57 Provisions Required by Law. Each and every provision of law and any clause required by law to be in the Contract will be read and enforced as though it were included herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, the Contract will promptly be physically amended to make such insertion or correction. 3.58 Severability. The provisions of this Contract are severable to the extent that any provision or application held to be invalid by a Court of competent jurisdiction shall not affect any other provision or application of the Contract which may remain in effect without the invalid provision or application. 3.59 Independent Contractor. It is clearly understood that each party will act in its individual capacity and not as an agent, employee, partner, joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other for any purpose whatsoever. The Contractor acknowledges and agrees that the Services provided under this Agreement are being provided as an independent contractor, not as an employee or agent of the Town. Contractor, its employees and subcontractors are not entitled to workers' compensation benefits from the Town. The Town does not have the authority to supervise or control the actual work of Contractor, its employees or subcontractors. The Contractor, and not the Town, shall determine the time of its performance of the services provided under this Agreement so long as Contractor meets the requirements of its agreed scope of work and the specifications, plans/construction drawings as set forth in Section 2.1 above and Exhibit A. Contractor is neither prohibited from entering into other contracts nor prohibited from practicing its profession elsewhere. Town and Contractor do not intend to nor will they combine business operations under this Agreement. 3.60 Entire Agreement; Interpretation -Parol Evidence. This Contract represents the entire agreement of the parties with respect to its subject matter, and all previous agreements, whether oral or written, entered into prior to this Contract are hereby revoked and superseded by this Contract. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in any other contemporaneous written agreement executed for the purposes of carrying out the provisions of this Contract. This Contract shall be construed and interpreted according to its plain meaning, and no presumption shall be 2979192.2 29 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 deemed to apply in favor of, or against the party drafting the Contract. The parties acknowledge and agree that each has had the opportunity to seek and utilize legal counsel in the drafting of, review of, and entry into this Contract. 3.61 Assignment; Delegation. No right or interest in this Contract shall be assigned or delegated by Contractor without prior, written permission of the Town, signed by the Town Manager. Any attempted assignment or delegation by Contractor in violation of this provision shall be a breach of this Contract by Contractor. 3.62 Subcontracts. No subcontract shall be entered into by the Contractor with any other party to furnish any of the Materials, Services or construction specified herein without the prior, written approval of the Town. The Contractor is responsible for performance under this Contract whether or not Subcontractors are used. 3.63 Rights and Remedies. No provision in this Contract shall be construed, expressly or by implication, as waiver by the Town of any existing or future right and/or remedy available by law in the event of any claim of default or breach of this Contract. The failure of the Town to insist upon the strict performance of any term or condition of this Contract or to exercise or delay the exercise of any right or remedy provided in this Contract, or by law, or the Town's acceptance of and payment for Materials or Services, shall not release the Contractor from any responsibilities or obligations imposed by this Contract or by law, and shall not be deemed a waiver of any right of the Town to insist upon the strict performance of this Contract. 3.64 Attorneys' Fees. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Contract or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys' fees and reasonable costs and expenses, determined by the court sitting without a jury, which shall be deemed to have accrued on the commencement of such action and shall be enforced whether or not such action is prosecuted through judgment. 3.65 Notices and Requests. Any notice or other communication required or permitted to be given under this Contract shall be in writing and shall be deemed to have been duly given if (A) delivered to the party at the address set forth below, (B) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (C) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: 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: Attn: or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this Section. Notices shall be deemed received (A) when delivered to the party, (B) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (C) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a 2979192.2 30 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 copy of a notice is also given to a party's counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 3.66 Overcharges Antitrust Violations. The Town maintains that, in practice, overcharges resulting from antitrust violations are borne by the purchaser. Therefore, to the extent permitted by law, the Contractor hereby assigns to the Town any and all claims for such overcharges as to the goods and services used to fulfill the Contract. 3.67 Force Majeure. Except for payment for sums due, neither party shall be liable to the other nor deemed in default under this Contract if and to the extent that such party's performance of this Contract is prevented by reason of force majeure. The term `force majeure" means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Without limiting the foregoing, force majeure includes acts of God; acts of the public enemy; war; riots; strikes; mobilization; labor disputes; civil disorders; fire; floods; lockouts, injunctions -intervention -acts, or failures or refusals to act by government authority; and other similar occurrences beyond the control of the party declaring force majeure which such party is unable to prevent by exercising reasonable diligence. The force majeure shall be deemed to commence when the party declaring force majeure notifies the other party, in accordance with Section 3.65, of the existence of the force majeure and shall be deemed to continue as long as the results or effects of the force majeure prevent the party from resuming performance in accordance with this Contract. Force majeure shall not include the following occurrences: A. Late Delivery. Late delivery of equipment or materials caused by congestion at a manufacturer's plant or elsewhere, an oversold condition of the market, inefficiencies or similar occurrences. B. Late Performance. Late performance by a Subcontractor unless the delay arises out of a force majeure occurrence in accordance with this Section 3.67. Any delay or failure in performance by either parry hereto shall not constitute default hereunder or give rise to any claim for damages or loss of anticipated profits if, and to the extent that such delay or failure is caused by force majeure. If either party is delayed at any time in the progress of the Work by force majeure, then the delayed party shall notify the other party in accordance with Section 3.65 and shall make a specific reference to this Section, thereby invoking its provisions. The delayed party shall cause such delay to cease as soon as practicable and shall notify the other party in writing. The time of Substantial Completion or Final Completion shall be extended by written Contract amendment for a period of time equal to the time that the results or effects of such delay prevent the delayed party from performing in accordance with this Contract. 3.68 Confidentiality of Records. The Contractor shall establish and maintain procedures and controls that are acceptable to the Town for the purpose of ensuring that information contained in its records or obtained from the Town or from others in carrying out its obligations under this Contract shall not be used or disclosed by it, its agents, officers, or employees, except as required to perform Contractor's duties under this Contract. Persons requesting such information should be referred to the Town. Contractor also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of Contractor as needed for the performance of duties under this Contract. 3.69 Records and Audit Rights. To ensure that the Contractor and its Subcontractors are complying with the warranty under Section 3.70 below, Contractor's and its Subcontractors' books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Contract, including the papers of any Contractor and its Subcontractors' employees who perform any Work or Services pursuant to this Contract (all of the foregoing hereinafter referred to as "Records"), shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit (1) evaluation and verification of any invoices, payments or claims based on Contractor's and its Subcontractors' actual costs (including direct and indirect costs and overhead allocations) incurred, or units expended directly in the performance of Work under this Contract and (2) evaluation of the 2979192.2 31 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 Contractor's and its Subcontractors' compliance with the Arizona employer sanctions laws referenced in Section 3.70 below. To the extent necessary for the Town to audit Records as set forth in this Section, Contractor and its Subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the Town shall have access to said Records, even if located at its Subcontractors' facilities, from the effective date of this Contract for the duration of the Work and until three years after the date of final payment by the Town to Contractor pursuant to this Contract. Contractor and its Subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this Section. The Town shall give Contractor or its Subcontractors reasonable advance notice of intended audits. Contractor shall require its Subcontractors to comply with the provisions of this Section by insertion of the requirements hereof in any subcontract pursuant to this Contract. 3.70 E -verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41-4401, the Contractor and its Subcontractors warrant compliance with all Federal immigration laws and regulations that relate to their employees and their compliance with the E -verify requirements under ARIZ. REV. STAT.§ 23-214(A). Contractor's or its Subcontractors' failure to comply with such warranty shall be deemed a material breach of this Contract and may result in the termination of this Contract by the Town. 3.71 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. 3.72 Right to Inspect Plant. The Town may, at reasonable times, inspect the part of the plant or place of business of the Contractor or Subcontractor that is related to the performance of this Contract. 3.73 Warranties. Contractor warrants to the Town that all Materials and equipment furnished shall be new unless otherwise specified and agreed by the Town and that all Work shall be of first class quality, free from faults and defects and in conformance with the Contract. If at any time within one year following the date of Final Completion and acceptance of the entire Project (or such longer period as may be provided under warranties for equipment or Materials): (A) any part of the Materials furnished in connection with the Work shall be or become defective due to defects in either labor or Materials, or both, or (B) Contractor's Work or Materials, or both, are or were not in conformance with original or amended Plans and Specifications, or supplementary shop drawings, then the Contractor shall upon written notice from the Town immediately replace or repair such defective or non- conforming Material or workmanship at no cost to the Town. Contractor further agrees to execute any special guarantees as provided by the Contract or required by law. Contractor shall require similar guarantees from all vendors and from all its Subcontractors. Contractor further agrees, upon written demand of the Town and during the course of construction, to immediately re -execute, repair or replace any Work that fails to conform to the requirements of the Contract, whether caused by faulty Materials or workmanship, or both. In the event Contractor shall fail or refuse to make such change upon the Town's written demand, the Town shall have the right to have such Work re -executed, repaired or replaced, to withhold from or back charge to Contractor all costs incurred thereby. 3.74 Inspection. All Materials and/or Services are subject to final inspection and acceptance by the Town. Materials and/or Services failing to conform to the Specifications of this Contract will be held at Contractor's risk and may be returned to the Contractor. If so returned, all costs are the responsibility of the Contractor. Upon discovery of non -conforming Materials or Services, the Town may elect to do any or all of the following by written notice to the Contractor: (A) waive the non-conformance; (B) stop the Work immediately; or (C) bring material or service into compliance and withhold the cost of same from any payments due to the Contractor. 3.75 No Replacement of Defective Tender. Every tender of Materials shall fully comply with all provisions of the Contract. If a tender is made which does not fully conform, this shall constitute a breach of the Contract as a whole. 2979192.2 32 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 3.76 Shipment Under Reservation Prohibited. Contractor is not authorized to ship Materials under reservation and no tender of a bill of lading will operate as a tender of the Materials. 3.77 Liens. All Materials, Service or construction shall be free of all liens and, if the Town requests, a formal release of all liens shall be delivered to the Town. 3.78 Licenses. Contractor shall maintain in current status all Federal, State and Local licenses and permits required for the operation of the business conducted by the Contractor as applicable to this Contract. 3.79 Patents and Copyrights. All Services, information, computer program elements, reports and other deliverables, which may be patented or copyrighted and created under this Contract are the property of the Town and shall not be used or released by the Contractor or any other person except with the prior written permission of the Town. 3.80 Preparation of Specifications by Persons other than Town Personnel. All Specifications shall seek to promote overall economy for the purposes intended and encourage competition and not be unduly restrictive in satisfying the Town's needs. No person preparing Specifications shall receive any direct or indirect benefit from the utilization of Specifications, other than fees paid for the preparation of Specifications. 3.81 Advertising. Contractor shall not advertise or publish information concerning this Contract without prior, written consent of the Town. 3.82 ConflictingTerms. erms. In the event of any inconsistency, conflict or ambiguity among the terms of the Contract, the IFB, the Scope of Work, any Town -approved Purchase Order, the Price Sheet, any Town - approved Work Orders, invoices and the Contractor's response to the IFB, the documents shall govern in the order listed herein. PART D - ALTERNATIVE DISPUTE RESOLUTION 3.83 Scope. Notwithstanding anything to the contrary provided elsewhere in the Contract Documents, except for subsection 3.86(G) below, the alternative dispute resolution ("ADR") process provided for herein shall be the exclusive means for resolution of claims or disputes arising under, relating to or touching upon the Contract, the interpretation thereof or the performance or breach by any party thereto, including but not limited to original claims or disputes asserted as cross claims, counterclaims, third party claims or claims for indemnity or subrogation, in any threatened or ongoing litigation or arbitration with third parties, if such disputes involve parties to contracts containing this ADR provision. 3.84 Neutral Evaluator, Arbitrators. The Town will select a Neutral Evaluator to serve as set forth in this ADR process, subject to the Contractor's approval, which approval shall not be unreasonably withheld. In the event that the Town and the Contractor are unable to agree upon a Neutral Evaluator, the neutral evaluation process shall be eliminated and the parties shall proceed with the binding arbitration process set forth in Section 3.86 below. The Town and Contractor shall each select an arbitrator to serve as set forth in this ADR process. Each arbitrator selected shall be a member of the State Bar of the State of Arizona and shall have experience in the field of construction law. None of the arbitrators nor any of the arbitrator's firms shall have presently, or in the past, represented any party to the arbitration. 3.85 Neutral Evaluation Process. If the parties have been unable to resolve the disputes after discussions and partnering, but the parties have agreed to a Neutral Evaluator, the following neutral evaluation process shall be used to resolve any such dispute. A. Notification of Dispute. The Town through its Engineer shall notify the Neutral Evaluator in writing of the existence of a dispute within 10 Days of the Town or the Contractor declaring need to commence the neutral evaluation process. 2979192.2 33 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 B. Non -Binding Informal Hearing. The Neutral Evaluator shall schedule a non-binding informal hearing of the matter to be held within seven Days from receipt of notification of the existence of a dispute. The Neutral Evaluator may conduct the hearing in such manner as he deems appropriate and shall notify each party of the hearing and of its opportunity to present evidence it believes will resolve the dispute. Each party to the dispute shall be notified by the Neutral Evaluator that it shall submit a written outline of the issues and evidence intended to be introduced at the hearing and the proposed resolution of the dispute to the Neutral Evaluator before the hearing commences. Arbitrators shall not participate in such informal hearing or proceedings process. The Neutral Evaluator is not bound by the rules of evidence when admitting evidence in the hearing and may limit the length of the hearing, the number of witnesses or any evidence introduced to the extent deemed relevant and efficient. C. Non -Binding Decision. The Neutral Evaluator shall render a non-binding written decision as soon as possible, but not later than five Days after the hearing. 3.86 Binding Arbitration Procedure. The following binding arbitration procedure, except as provided in subsection 3.86(G) below, shall serve as the exclusive method to resolve a dispute if (A) the parties cannot agree to a Neutral Evaluator as set forth in Section 3.84 above or (B) any party chooses not to accept the decision of the Neutral Evaluator. The party requesting binding arbitration shall notify the Neutral Evaluator of a request for arbitration in writing within three business days' of receipt of the Neutral Evaluator's decision. If the Contractor requests arbitration or if Contractor rejects the Town's selection of a Neutral Evaluator, it shall post a cash bond with the Neutral Evaluator in an amount agreed upon by the parties or, in the event of no agreement, the Neutral Evaluator shall establish the amount of the cash bond to defray the cost of the arbitration as set forth in subsection 3.86(M) and the proceeds from the bond shall be allocated in accordance with subsection 3.86(M) by the Arbitration Panel. A. Arbitration Panel. The Arbitration Panel shall consist of three arbitrators: the Town's appointed arbitrator, the Contractor's appointed arbitrator and a third arbitrator (or "Neutral Arbitrator") who shall be selected by the parties' arbitrators as set forth in subsection 3.86(B) If more than one consultant or contractor is involved in a dispute, the consultants and/or contractors shall agree on an appointee to serve as arbitrator. The Neutral Evaluator shall not participate in the proceedings. B. Selection of Neutral Arbitrator. The parties' arbitrators shall choose the Neutral Arbitrator within five business days of receipt of notification of a dispute from the Neutral Evaluator. The Neutral Arbitrator shall have the same qualifications as those of the arbitrators set forth in subsection 3.84. In the event that the selected arbitrators cannot agree on the Neutral Arbitrator as set forth above, the Neutral Arbitrator shall be the "Default Neutral Arbitrator," a person or entity jointly selected by the Town and the Contractor. If the Town and the Contractor cannot agree on a Default Neutral Arbitrator, the Town and the Contractor shall each submit two names to an appropriate judge who shall select one person to serve as the Default Neutral Arbitrator. C. Expedited Hearing. The parties have structured this procedure with the goal of providing for the prompt, efficient and final resolution of all disputes falling within the purview of this ADR process. To that end, any party can petition the Neutral Evaluator to set an expedited hearing. If the Neutral Evaluator determines that the circumstances justify it, the Neutral Evaluator shall contact the selected Arbitration Panel and arrange for scheduling of the arbitration at the earliest possible date. In any event, the hearing of any dispute not expedited will commence as soon as practical but in no event later than 20 Days after notification of request for arbitration having been submitted. This deadline can be extended only with the consent of all the parties to the dispute, or by decision of the Arbitration Panel upon a showing of emergency circumstances. D. Procedure. The Arbitration Panel will select a Chairman and will conduct the hearing in such a manner that will resolve disputes in a prompt, cost efficient manner giving regard to the rights of all parties. Each party shall supply to the Arbitration Panel a written pre -hearing statement which shall contain a brief statement of the nature of the claim or defense, a list of witnesses and exhibits, a brief description of the subject 2979192.2 34 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 matter of the testimony of each witness who will be called to testify, and an estimate as to the length of time that will be required for the arbitration hearing. The Arbitration Panel shall review and consider the Neutral Evaluator decision, if any. The Chairman shall determine the nature and scope of discovery, if any, and the manner of presentation of relevant evidence consistent with deadlines provided herein and the parties' objective that disputes be resolved in a prompt and efficient manner. No discovery may be had of any materials or information for which a privilege is recognized by Arizona law. The Chairman upon proper application shall issue such orders as may be necessary and permissible under law to protect confidential, proprietary or sensitive materials or information from public disclosure or other misuse. Any party may make application to the Maricopa County Superior Court to have a protective order entered as may be appropriate to confirm such orders of the Chairman. E. Hearing Days. In order to effectuate parties' goals, the hearing once commenced, will proceed from business day to business day until concluded, absent a showing of emergency circumstances. F. Award. The Arbitration Panel shall, within 10 Days from the conclusion of any hearing, by majority vote issue its award. The award shall include an allocation of fees and costs pursuant to subsection 3.86(M) herein. The award is to be rendered in accordance with this Contract and the laws of the State of Arizona. G. Scope of Award. The Arbitration Panel shall be without authority to award punitive damages, and any such punitive damage award shall be void. The Arbitration Panel shall be without any authority to issue an award against any individual party in excess of twenty percent (20%) of the original Contract amount, but in no event shall any award exceed $2,000,000, exclusive of interest, arbitration fees, costs and attorneys' fees. If an award is made against any individual party in excess of $100,000, exclusive of interest, arbitration fees, costs and attorneys' fees, it must be supported by written findings of fact, conclusions of law and a statement as to how damages were calculated. Any claim in excess of twenty percent (20%) of the original Contract amount or in excess $2,000,000 shall be subject to the jurisdiction of the Superior Court of Arizona, Maricopa County. Any party can contest the validity of the amount claimed if an action is filed in the Superior Court. H. Jurisdiction. The Arbitration Panel shall not be bound for jurisdictional purposes by the amount asserted in any parry's claim, but shall conduct a preliminary hearing into the question of jurisdiction upon application of any party at the earliest convenient time, but not later than the commencement of the arbitration hearing. I. Entry of Judgment. Any party can make application to the Maricopa County Superior Court for confirmation of an award, and for entry of judgment on it. J. Severance and Joinder. To reduce the possibility of inconsistent adjudications: (1) the Neutral Evaluator or the Arbitration Panel may, at the request of any party, join and/or sever parties, and/or claims arising under other contracts containing this ADR provision, and (2) the Neutral Evaluator, on his own authority, or the Arbitration Panel may, on its own authority, join or sever parties and/or claims subject to this ADR process as they deem necessary for a just resolution of the dispute, consistent with the parties' goal of the prompt and efficient resolution of disputes, provided, however, that the Contractor, Architect/Engineer and Project professionals shall not be joined as a party to any claim made by a Contractor. Nothing herein shall create the right by any party to assert claims against another party not germane to the Contract or not recognized under the substantive law applicable to the dispute. Neither the Neutral Evaluator nor the Arbitration Panel are authorized to join to the proceeding parties not in privity with the Town. Contractor cannot be joined to any pending arbitration proceeding, without Contractor's express written consent, unless Contractor is given the opportunity to participate in the selection of the non -Town appointed arbitrator. K. Appeal. Any party may appeal (1) errors of law by the Arbitration Panel if, but only if, the errors arise in an award in excess of $100,000, (2) the exercise by the Chairman or Arbitration Panel of any powers contrary to or inconsistent with the Contract or (3) on the basis of any of the grounds provided in ARIZ. REv. STAT. § 12-1512, as amended. Appeals shall be to the Maricopa County Superior Court within 15 Days of 2979192.2 35 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT CS2017-01 entry of the award. The standard of review in such cases shall be that applicable to the consideration of a motion for judgment notwithstanding the verdict, and the Maricopa County Superior Court shall have the authority to confirm, vacate, modify or remand an award appealed under this Section, but not to conduct a trial, entertain the introduction of new evidence or conduct a hearing de novo. L. Uniform Arbitration Act. Except as otherwise provided herein, binding arbitration pursued under this provision shall be governed by the Uniform Arbitration Act as codified in Arizona in Aziz. REv. STAT. § 12-1501, et seq. M. Fees and Costs. Each party shall bear its own fees and costs in connection with any informal hearing before the Neutral Evaluator. All fees and costs associated with any arbitration before the Arbitration Panel, including without limitation the Arbitration Panelists' fee, and the prevailing party's reasonable attorneys' fees, expert witness fees and costs, will be paid by the non -prevailing party, except as provided for herein. In no event shall any Arbitrator's hourly fees be awarded in an amount in excess of $200 per hour and (1) costs shall not include any travel expenses in excess of mileage at the rate paid by the Town, not to exceed a one way trip of 150 miles, and (2) all travel expenses, including meals, shall be reimbursed pursuant to the travel policy of the Town in effect at the time of the hearing. The determination of prevailing and non -prevailing parties, and the appropriate allocation of fees and costs, will be included in the award by the Arbitration Panel. Fees for the Neutral Evaluator shall be divided evenly between the Town and the Contractor. N. Confidentiality. Any proceeding initiated under ADR shall be deemed confidential to the maximum extent allowed by Arizona law and no party shall, except for disclosures to a party's attorneys or accountants, make any disclosure related to the disputed matter or to the outcome of any proceeding except to the extent required by law, or to seek interim equitable relief, or to enforce an agreement reached by the parties or an award made hereunder. O. Equitable Litigation. Notwithstanding any other provision of ADR to the contrary, any party can petition the Maricopa County Superior Court for interim equitable relief as necessary to preserve the status quo and prevent immediate and irreparable harm to a party or to the Program pending resolution of a dispute pursuant to ADR provided herein. No court may order any permanent injunctive relief except as may be necessary to enforce an order entered by the Arbitration Panel. The fees and costs incurred in connection with any such equitable proceeding shall be determined and assessed in ADR. P. Change Order. Any award in favor of the Contractor against the Town or in favor of the Town against the Contractor shall be reduced to a Change Order and executed by the parties in accordance with the award and the provisions of this Contract. Q. Merger and Bar. Any claim asserted pursuant to this ADR process shall be deemed to include all claims, demands, and requests for compensation for costs and losses or other relief, including the extension of the Contract performance period which reasonably should or could have been brought against any party that was or could have been brought into this ADR process, with respect to the subject claim. The Arbitration Panel shall apply legal principles commonly known as merger and bar to deny any claim or claims against any party regarding which claim or claims recovery has been sought or should have been sought in a previously adjudicated claim for an alleged cost, loss, breach, error, or omission. R. Inclusion in Other Contracts. The Contractor shall cooperate with the Town in efforts to include this ADR provision in all other Project contracts. Subject to Contractor's reasonable agreement, the Contractor agrees that any modification to this ADR provision that is included in the construction or other contracts shall also apply to the Contractor. It is the intent of the parties that any changes to this ADR provision in later contracts will be evolutionary and designed to incorporate the terms of this ADR provision without material changes to the substance or procedure of this ADR provision. 2979192.2 36 EXHIBIT A TO INVITATION FOR BIDS NO. CS 2017-01 [Specifications, Plans/Construction Drawings] See following pages. 2979192.2 r" AIN L 3 flrbat is AY��ap ITO I�� Fountain Hills TECHNICAL SPECIFICATIONS (Special Provisions) TOWN OF FOUNTAIN HILLS Adero Canyon Trail Head PROJECT NO. P3025 Volume 1 of 2 Site Specifications Prepared for: Town of Fountain Hills Community Services Department Fountain Hills Town Hall 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 Prepared by: J2 Engineering and Environmental Design 4649 E. Cotton Gin Loop, Ste. B2 Phoenix, AZ 85040 (602) 438-2221 June 5, 2017 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT P3025 Table of Contents Title Page No. Cover Page 1 Table of Contents i -ii Professional Seal Page 2 Reference Standard Specifications 3-4 Project Conditions 5-12 SECTION 101 Abbreviations and Definitions 13 SECTION 105 Control of Work 14-17 SECTION 106 Control of Materials 18 SECTION 107 Legal Regulations and Responsibility to Public - AZPDES 19-22 SECTION 107 Legal Regulations and Responsibility to Public — Blasting 23-38 SECTION 109 Measurements and Payments 39 SECTION 201 Clearing and Grubbing 40-41 SECTION 205 Roadway Excavation 42-45 SECTION 206 Structure Excavation and Backfill 46 SECTION 211 Fill Construction 47-49 SECTION 220 Rip Rap Construction 50-55 SECTION 301 Subgrade Preparation 56 SECTION 310 Placement and Construction of Aggregate Base Course 57-58 SECTION 321 Asphalt Concrete Pavement 59 SECTION 324 Portland Cement Concrete Street Pavement 60-62 SECTION 329 Tack Coat 63 SECTION 340 Concrete Curb, Gutter, Sidewalk, Driveway and Alley Entrance 64-66 SECTION 343 Exposed Aggregate Paving 67-68 SECTION 401 Traffic Control 69 P:\160897.003\Admin\Specs\Bid Set\Adero Canyon TH-Site Specs -Bid Set_06-05-2017.doc Adero Canyon Trail Head TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT P3025 SECTION 424 Parkway Grading 70 SECTION 430 Landscaping and Planting 71-81 SECTION 432 Plant Salvage 82-99 SECTION 433 Native Seeding 100-109 SECTION 440 Sprinkler Irrigation System Installation 110-128 SECTION 505 Concrete Structures 129-131 SECTION 515 Steel Structures 132-135 SECTION 520 Steel and Aluminum Handrails 136 SECTION 610 Water Line Construction 137 SECTION 618 Storm Drain Construction 138 SECTION 625 Manhole Construction and Drop Sewer Connections 139 SECTION 630 Tapping Sleeves, Valves and Valve Boxes on Water Lines 140 SECTION 631 Water Taps and Meter Service Connections 141 SECTION 735 Reinforced Concrete Pipe 142 SECTION 757 Sprinkler Irrigation System 143-144 SECTION 791 Desert Varnish Stain 145-147 SECTION 800 Electrical and Lighting 148-157 SECTION 900 Site Furnishings 158-160 SECTION 910 Entry Signage 161-162 SECTION 915 Automatic Gate Opening and Closing System (BID ALTERNATE) 163-165 SECTION 920 Access Control Gates to Fire Road Main Entry Gates 166-168 SECTION 925 Interim Utilities (BID ALTERNATE) 169-174 SITE GEOTECHNICAL REPORTS APPENDIX NA MCO AB STOCKPILE TEST RESULTS APPENDIX NA TOWN OF FOUNTAIN HILLS SAGUARO CACTUS PERMIT APPENDIX NA P:\160897.003\Admin\Specs\Bid Set\Adero Canyon TH-Site Specs -Bid Set_06-05-2017.doc Adero Canyon Trail Head TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT P3025 PROFESSIONAL SEALS: This book of specifications and related contract documents represents the efforts of the following firms: (1) J2 Engineering and Environmental Design, LLC. (J2) (Landscape Architecture) (2) J2 Engineering and Environmental Design, LLC. (J2) (Civil Engineering) (3) Wright Engineering (Electrical Engineering) A registrant of each firm has affixed his/her professional seal below, which attests that those portions of these specifications, which relate to their respective discipline area, were prepared under his/her direction. J2 - Landscape Architecture J2 - Civil Engineering �cA- 23430 JEFFREY M. ENCELMANNJ, x�i�re G9f3(}12�±17 Wright Engineering — Electrical Engr. ff���i1 0. 'k V c 0 t 0 57159 fLII-FORD M. T{ LMAN ¢ 2-28-77 rP '�+ net...... xaires 3-31-17 See "Volume 2 Restroom Specifications" that are sealed and stand alone set of specifications for all restroom building specifications. PA160897.003\Admin\Specs\Bid Set\Adero Canyon TH-Site Specs -Bid Set_06-05-2017.doc Adero Canyon Trail Head 2 Remainder of this document is on the Town's website at hqp://www.fh.az.gov/Bids.aspx and is incorporated herein by reference. 2979192.2 J2 Design Team IF j r t �ry � PROJECT SPECIFICATIONS For 100% Set Town of Fountain Hills Adero Canyon Trailhead Volume 2 Restroom Specifications MARCH 2017 Prepared by Orcutt Winslow 3003 North Central Avenue Sixteenth Floor Phoenix, Arizona 85012 /Volumes/Projects/2016/2016_135_ AderoCanyonTrailheadBidDocuments/3_Project Manual/Client Standards/Volume 2 Town of Fountain Hills Adero Canyon Trailhead - Cover & TC[21.docx J2 Design Team Technical Specifications Volume 2 Building Ij 18963 A H. NEIL o TERRY expires 09/30/19 100% Set Adero Canyon Trailhead — Town of Fountain Hills T - 1 of 3 ADERO CANYON TRAILHEAD BID DOCUMENTS FOR J2 ENGINEERING AND ENVIRONMENTAL DESIGN, LLC PROJECT MANUAL 100% CONSTRUCTION DOCUMENTS MARCH 3, 2017 ORCUTt WINSLOW ARCHITECTURE PLANNING INTERIOR DESIGN 3003 NORTH CENTRAL AVENUE, 16TH FLOOR PHOENIX, ARIZONA 85012 (602) 257-1764 Ol W #2016135 THIS PROJECT MANUAL IS AN INSTRUMENT OF SERVICE AND THE PROPERTY OF ORCUTT I WINSLOW AND SHALL REMAIN THEIR PROPERTY. THE USE OF THIS PROJECT MANUAL SHALL BE RESTRICTED TO THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED. © COPYRIGHT MARCH 2017 TABLE OF CONTENTS DOCUMENT TITLE NO. OF PAGES T.S. TITLE SHEET 3 T.O.C. TABLE OF CONTENTS 3 BIDDING INFORMATION NOT USED CONTRACT FORMS NOT USED DIVISION 2 — EXISTING CONDITIONS NOT USED DIVISION 1 - GENERAL REQUIREMENTS 01 1100 SUMMARY OF THE WORK 2 01 2613 CONTRACTOR'S REQUEST FOR INTERPRETATION (RFI) 2 01 2976 PROGRESS PAYMENT PROCEDURES 3 01 2980 CONDITIONAL WAIVER FOR PROGRESS PAYMENTS 1 012981 UNCONDITIONAL WAIVER FOR PROGRESS PAYMENTS 1 01 2982 CONDITIONAL WAIVER FOR FINAL PAYMENT 1 01 2983 UNCONDITIONAL WAIVER FOR FINAL PAYMENT 1 013113 PROJECT COORDINATION 2 01 3119 PROJECT MEETINGS 1 01 3217 CONSTRUCTION SCHEDULE 2 01 3300 SUBMITTAL PROCEDURES 1 01 3301 SUBSTITUTION OF MATERIALS OR PRODUCTS DURING CONSTRUCTION 5 01 4200 REFERENCES 1 01 4500 QUALITY CONTROL 3 01 5000 TEMPORARY FACILITIES AND CONTROLS 2 01 6000 PRODUCT REQUIREMENTS 1 01 7329 CUTTING AND PATCHING 1 01 7500 STARTING AND ADJUSTING 2 01 7700 CLOSEOUT PROCEDURES 6 DIVISION 2 — EXISTING CONDITIONS NOT USED DIVISION 6 — WOOD, PLASTICS, AND COMPOSITES NOT USED OJ W #2016_135 T of C, Page 1 DIVISION 3 - CONCRETE 033300 CAST -IN-PLACE CONCRETE 6 DIVISION 4 - MASONRY 042200 CONCRETE UNIT MASONRY 9 DIVISION 5 - METALS 05 1200 STRUCTURAL STEEL FRAMING 3 053100 STEEL DECKING 3 DIVISION 6 — WOOD, PLASTICS, AND COMPOSITES NOT USED OJ W #2016_135 T of C, Page 1 DOCUMENT TITLE NO. OF PAGES DIVISION 11 -EQUIPMENT NOT USED DIVISION 12 - FURNISHINGS NOT USED DIVISION 13 - SPECIAL CONSTRUCTION NOT USED DIVISION 14 - CONVEYING SYSTEMS NOT USED DIVISION 21 — FIRE SUPPRESSION NOT USED DIVISION 22 —PLUMBING NOT USED DIVISION 23 — HEATING. VENTILATING, AND AIR-CONDITIONING (HVAC) NOT USED DIVISION 25 — INTEGRATED AUTOMATION NOT USED DIVISION 26 — ELECTRICAL NOT USED DIVISION 27 — COMMUNICATIONS NOT USED DIVISION 28 — ELECTRONIC SAFETY AND SECURITY NOT USED DIVISION 31 - EARTHWORK NOT USED OJ W #2016_135 T of C, Page 2 DIVISION 7 - THERMAL AND MOISTURE PROTECTION 074000 ROOFING AND SIDING PANELS 5 076200 SHEET METAL FLASHING AND TRIM 3 079200 JOINT SEALANTS 4 DIVISION 8 - OPENINGS 081113 HOLLOW METAL DOORS AND FRAMES 3 083116 ACCESS PANELS AND FRAMES 2 086300 METAL FRAMED SKYLIGHT 4 089100 WALL LOUVERS 2 DIVISION 9 - FINISHES 099100 PAINTING AND COATING 5 DIVISION 10 -SPECIALTIES 102813 TOILET ACCESSORIES 3 DIVISION 11 -EQUIPMENT NOT USED DIVISION 12 - FURNISHINGS NOT USED DIVISION 13 - SPECIAL CONSTRUCTION NOT USED DIVISION 14 - CONVEYING SYSTEMS NOT USED DIVISION 21 — FIRE SUPPRESSION NOT USED DIVISION 22 —PLUMBING NOT USED DIVISION 23 — HEATING. VENTILATING, AND AIR-CONDITIONING (HVAC) NOT USED DIVISION 25 — INTEGRATED AUTOMATION NOT USED DIVISION 26 — ELECTRICAL NOT USED DIVISION 27 — COMMUNICATIONS NOT USED DIVISION 28 — ELECTRONIC SAFETY AND SECURITY NOT USED DIVISION 31 - EARTHWORK NOT USED OJ W #2016_135 T of C, Page 2 DOCUMENT TITLE NO. OF PAGES DIVISION 32 — EXTERIOR IMPROVEMENTS NOT USED �\FICq TF\ 18963 H. NEIL TERRY y \nea 313 expires 09/30/19 OJ W #2016_135 T of C, Page 3 Remainder of this document is on the Town's website at hqp://www.fh.az.gov/Bids.aspx and is incorporated herein by reference. 2979192.2 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT P3025 Ramada STRUCTURAL CALCULATIONS For Town of Fountain Hills Adero Canyon Trailhead Restroom Building Prepared by Structural Grace 1430 E Fort Lowell Rd Suite 200 Tucson, AZ 85719 P:\160897.003\J2Cad\Submittals\100%\Structural Grace\Cover for Ramada StructuralCalCS.doc Adero Canyon Trail Head- 1 - Y E 1 J�5iEl rl 6./ 6) 1EC � Mra'Ati-1 P,rt_ PL STRUCTURAL CALCULATIONS FZF_V4:7i=LP 1{{.6i( jl1Py'^��.- E�'Lj7Liian+I10I`J�a ON' Iva Vit /ln' 04;i6 Fountain Hills Ramada July 6, 2006 N0fiC—s l" Cir cf coia'(041ong ii�iel� �'od�,y �h- d�lrr,»���naE �vidC�fin�t Cade CIl3Gi 1 �QO,� l07• N���'1i,'t1wiP1 �CSir�i'1 l�®a�5 ter w`�'u�ld���� ��nr,� {,rf['ier 3�,..c'��ctr'S ?iSCL 7�G'� ' W ta�Pot eks a ri C, -de.) #`E �1. lnFcolaatr6nai mind','+ cede Ci&) Wo? Des, jn l -cads k, t3Jala n3 ure6l ONC SFr_cl��rey ,Vjaiw 7.10 `, i�r�G�ScalLat ctc q �,.,r�llec 'rinGrrt t it at,,�• ��xl' C4 r— t11 Ic'+C 4S 1430 F. Fort Lowell Road, Suite 200 +Tucson, AZ 85719 # Tel (520) 320-0156 # Fax (520) 320-0157 Remainder of this document is on the Town's website at hqp://www.fh.az.gov/Bids.aspx and is incorporated herein by reference. 2979192.2 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT P3025 BUILDING Special Inspection & Testing Agreement For Town of Fountain Hills Adero Canyon Trailhead Restroom Building Prepared by Orcutt Winslow 3003 North Central Avenue Sixteenth Floor Phoenix, Arizona 85012 P:\160897.003\J2Cad\Submittals\100%\OWP\Cover for Special Inspection and Testing Agreement. doc Adero Canyon Trail Head- 1 - zAlw # v o s i • that is Asti°� Town of Fountain Hills Building Safety Department Special Inspection and Testing Agreement Project name: McDowell Mountain Preserve Address: Adero Trailhead Bathrooms Date: Bldg. Permit # SPECIAL INSPECTION REO UIREMENTS UNDER IBC CK 17 Before a building permit may be issued, the owner, or owner's agent must submit two completed copies of this agreement, a resume' or other documentation of the special inspector(s) qualifications and certifications, and the attached special inspection and testing schedule for review and approval by the building official. The building official may require a personal interview with proposed special inspection personnel prior to their approval. A pre -construction conference may also be required to review the special inspection requirements and procedures. DUTIES AND RESPONSIBILITIES OF THE SPECIAL INSPECTOR In addition to the requirements prescribed under IBC Ch. 17, the following constitute the duties and responsibilities of the special inspector. 1. Observe On-site Work — The special inspector must observe the work for conformance with the design drawings and specifications approved and stamped by the building department. Unless specifically approved by the building official, the special inspector must provide continuous observation of all work under their charge. Periodic special inspections may be allowed by the building official upon receipt of a separate written plan submitted by the design professional in responsible charge. 2. Report Nonconforming Items — The special inspector must bring nonconforming items to the immediate attention of the contractor and note all such items in the daily report. If any item is not resolved in a timely manner or is about to be incorporated in the work, the special inspector shall immediately notify the building official, the design professional in responsible charge, and must post a discrepancy notice on site. 3. Furnish Daily Reports — Special inspectors must complete and sign both the special inspection record and the daily report form for each day's inspections. Daily reports and records must be retained at the job site for review by the building official. 4. Furnish Weekly Reports — The special inspector or inspection agency must furnish weekly reports of tests and inspections directly to the building official, design professional in responsible charge, and others as designated. These reports must include: a. Descriptions of daily inspections and tests made with applicable locations; b. A listing of all nonconforming items; c. Reports on how nonconforming items were resolved or unresolved as applicable; and d. Itemized changes authorized by the design professional in responsible charge and building department if not included in nonconformance items. All changes must have the prior approval of the building official. 5. Furnish Final Report — The special inspector or inspection agency must submit a final signed report to the building official stating that all items requiring special inspection and testing were inspected and to the best of his/her knowledge, are in conformance with the approved design drawings, specifications, approved change orders, and applicable workmanship standards of the Fountain Hills building code. Items not in conformance, unresolved items or any discrepancies in inspection coverage (i.e. missed inspections, unauthorized periodic inspections, etc.) shall be specifically itemized on this report. CONTRACTOR RESPONSIBILITIES In addition to the requirements prescribed under IBC Ch. 17, the following constitute the duties and responsibilities of the contractor. 1. Special Inspector Notification — The contractor is responsible for notifying the special inspector or agency regarding individual inspections for items listed on the attached schedule and as noted on the building department approved plan. Adequate notice must be provided so that special inspections can be scheduled and so that the special inspector has time to become familiar with the project. 2. Provide Access to Approved Plans — The contractor is responsible for providing the special inspector access to building department approved plans at the job site. 3. Retain Special Inspection Records — The contractor is responsible for retaining at the job site, all special inspection records submitted by the special inspector, and providing these records for review by the building official upon request. 4. Correct Nonconformities — The contractor is responsible for correcting all nonconformities to the satisfaction of the design professional in responsible charge and the building official. BUILDING DEPARTMENT RESPONSIBILITIES 1. Approve Special Inspections — The building official must approve all special inspectors and special inspection requirements. 2. Monitor Special Inspections — Work requiring special inspection and the performance of special inspectors will be monitored by the building official. Building official approval, in addition to that of the special inspector, must be obtained prior to placement of concrete or the concealment of other work 3. Issuance of Certificate of Occupancy — The building official may issue a Certificate of Occupancy after all special inspection reports and the final report have been submitted and approved. Occupancy prior to issuance of a Certificate of Occupancy is prohibited. OWNER RESPONSIBILITIES The project owner or owner's agent must fully fund all special inspection services as required b the building official. o�ess%ona I En�,to DESIGN PROFESSIONAL IN RESPONSIBLE CHARGE RESPONSI FICATF�y, �s The design professional in responsible charge shall include all special inspection re ntst udiYi special inspections required under a products third party testing and/or listin , twcr Mnd specifications. TURLEY od10-25-16 ACKNOWLEDGEMENTS fe Sig nea I have read and agree to the terms and conditions of this agreement. EXPIRES 09-30-19 Owner: By: Date: Contractor: By: Date: Special Inspector/ Caruso TurleyScott 10-25-16 Agency: By: Richard Turley Date: APPROVED BY THE TOWN OF FOUNTAIN HILLS, DEVELOPMENT SERVICES By: Date: CTS #16-124 Final Drainage Report McDowell Mountain Preserve Adero Canyon Trailhead q YV Fountain fir. �mw :6 that is Prepared for.- TOWN ora TOWN OF FOUNTAIN FALLS Parks & Recreation Dept. Fountain Hills Town Hall 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 (480) 816-5252 Prepared by: J2 Engineering and Environmental Design 4649 E. Cotton Gin Loop, Ste. 82 Phoenix, AZ 85040 (602) 438-2221 March, 2497 J2 Project No. 04.0039 Table of Contents 1 INTRODUCTION................................................................................................................... 1 2 PROJECT SITE DESCRIPTION............................................................................................. 2 2.1 Existing Conditions........................................................................................................2 2.2 Proposed Conditions......................................................................................................3 3 DRAINAGE ANALYSIS......................................................................................................... 3 3.1 Design Event.................................................................................................................. 3 3.2 Hydrology — Rational Method....................................................................................... 3 3.2.1 Drainage Areas...............................................................................................................3 3.2.2 Runoff Coefficients........................................................................................................6 3.2.3 Rainfall Intensity............................................................................................................6 3.2.4 Time of Concentration...................................................................................................6 3.2.5 Peak Discharges.............................................................................................................7 3.3 Culvert and Inlet Design................................................................................................ 8 3.3.1 Culvert Configuration....................................................................................................8 3.3.2 Grated Inlets...................................................................................................................8 3.3.3 Summary of Results.......................................................................................................8 3.4 Erosion Protection..........................................................................................................9 3.5 Open Channel Flow.......................................................................................................9 4 RESULTS........................................................................................................................... 10 5 REFERENCES.....................................................................................................................11 i Remainder of this document is on the Town's website at hqp://www.fh.az.gov/Bids.aspx and is incorporated herein by reference. 2979192.2 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT P3025 BUILDING STRUCTURAL CALCULATIONS For Town of Fountain Hills Adero Canyon Trailhead Restroom Building Prepared by Orcutt Winslow 3003 North Central Avenue Sixteenth Floor Phoenix, Arizona 85012 P:\160897.003\J2Cad\Submittals\100%\OWP\Cover for Building Structural Calcs.doc Adero Canyon Trail Head- 1 - CARUSO TURLEY SCOTT structural engineers STRUCTURAL ENGINEERING EXCELLENCE PARTNERS Richard Turley, PE Paul Scott, PE, SE Sandra Herd, PE, SE, LEED AP Chris Atkinson, PE, SE, LEED AP Thomas Morris, PE, LEED AP Richard Dahlmann, PE 1215 W. Rio Salado Pkwy. Suite 200 Tempe, AZ 85281 T: (480) 774-1700 F: (480) 774-1701 www.CTSAZ.com Job No. 16-124 Sheet No. Cover By TH Date 10/16 sessional En9ihe\ Q���iFICATF �c CLIENT: Orcutt Winslow Partnership 13964 RICHARD D. 3003 N Central, 16th Floor TURLEY Phoenix, AZ 850112 ad 12-9-16 ZAX I �e Sianed PROJECT: / "" "- EXPIRES 09-30-19 McDowell Mountain Preserve Trailhead Restrooms Fountain Hills, AZ GENERAL INFORMATION: BUILDING CODE: 2012 IBC File: Calc Cover 11.dot\MAL Remainder of this document is on the Town's website at hqp://www.fh.az.gov/Bids.aspx and is incorporated herein by reference. 2979192.2 TOWN OF FOUNTAIN HILLS, ARIZONA McDOWELL AfOLIAfTAlAf PRESERVE ADERO CANYON TRAILIfEAD MAYOR: LINDA M. KAVANAGH TOWN COUNCIL: DENNIS BROWN NICK DEPORTER HENRY LEGER ALAN MAGAZINE ART TOLIS CECIL YATES PROJECT CONTACT: RACHAEL GOODWIN INTERIM COMMUNITY SERVICES DIRECTOR TOWN OF FOUNTAIN HILLS 16075 EAST AVENUE OF THE FOUNTAINS FOUNTAIN HILLS, AZ 85268 (480) 816-5135 VICINITY MAP: SITE DES/GN DESIGN CONSULTANTS: PRIMARY DESIGN CONSULTANT: LANDSCAPE ARCHITECTURE & CIVIL ENGINEERING: J2 ENGINEERING & ENVIRONMENTAL DESIGN, LLC 4649 EAST COTTON GIN LOOP, SUITE B2 PHOENIX, ARIZONA 85040 (602) 438-2221 www.J2Design.us DESIGN CONSULTANTS: ELECTRICAL ENGINEERING: WRIGHT ENGINEERING CORPORATION 165 EAST CHILTON CHANDLER, ARIZONA 85225 (480) 497-5829 www.WrightEngineering.us RAMADA STRUCTURAL ENGINEERING: STRUCTURAL GRACE, INC. 808 NORTH FIRST STREET PHOENIX, ARIZONA 85004 (602) 437-2551 www.StructuralGrace.com SURVEYING & LEGAL EXHIBITS: AZTEC ENGINEERING GROUP, INC. 4561 EAST McDOWELL ROAD PHOENIX, AZ 85008 (602) 454-0402 www.Aztec.us GOLDEN PROJECT SITE TO MCDOWELL MOUNTAIN RD. � a 0 O TO SAGUARO BLVD. � PSIS Pig m P 0 7� (PROJECT LOCATED IN T3N RISE SECTION 7 0 WITHIN MCDOWELLS MOUNTAIN PRESERVE) N.T.s. �CO FO SPO QP SHEA BLVD. TO SRI01 (PIMA FWY) TO SR87 (BEELINE HWY) TOWN OF FOUNTAIN HILLS, AZ P:\160897.003\J2Cad\Sheets\Site Genera l\FH-1.01-SiteTitle.dwg kwallin 5/31/17 3:00pm May 31st, 2017 7. � b 9ijr�a�ytiQo�a SHEET INDEX: DESCRIPTION: DWG. NO.: SHEET NO.: PROJECT TITLE SHEET FH -1.01 1 VICINITY PLAN FH -1.02 2 AREA PLAN FH -1.03 3 SITE PLAN FH -1.04 4 EROSION CONTROL INDEX EC -1.01 5 EROSION CONTROL PLAN EC -2.01 6 EROSION CONTROL DETAILS EC -3.01 - EC -3.04 7 - 10 PLANT INVENTORY NOTES PI -1.01 11 PLANT INVENTORY DATA PI -1.02 - PI -1.03 12-13 PLANT INVENTORY PLANS PI -2.01 - PI -2.02 14-15 CIVIL NOTES CV -1.01 16 TYPICAL SECTIONS CV -1.02 17 PAVING, GRADING, & DRAINAGE PLANS CV -2.01 - CV -2.02 18-19 SANITARY SEWER PLAN CV -2.03 20 WATER LINE PLAN CV -2.0421 1 WATER LINE PLAN **BID -ALT INTERIM UTILS** CV -2.04a 21a STORM DRAIN PLAN & PROFILE CV -2.05 - CV -2.07 22-24 COORDINATE GEOMETRY PLAN CV -2.08 25 COORDINATE GEOMETRY TABLE CV -3.01 26 CIVIL DETAILS CV -3._0_2_ -CV -3.Q6.______27-32 1 CIVIL DETAILS **BID -ALT INTERIM UTILS** CV -3.06a 32a ELECTRICAL NOTES EL -1.01 33 ELECTRICAL PLANS EL -2.01 34 1 ELECTRICAL PLANS **BID -ALT INTERIM UTILS** EL -2.01a 34a LECTRICAL D 111 S EL -3.01 - EL -3.02 35-36 1 ELECTRICAL DETAILS **BID -ALT INTERIM UTILS** EL -3.02a 36a LANDSCAPE NOTES LS -1.01 37 LANDSCAPE SUMMARY SHEET LS -1.02 38 LANDSCAPE PLANS LS -2.01 - LS -2.03 39-41 LANDSCAPE DETAILS LS -3.01 - LS -3.08 42-49 RAMADA STRUCTURAL NOTES SR -1.01 50 RAMADA PLANS AND SECTIONS SR -2.01 51 RAMADA STRUCTURAL DETAILS SR -3.01 52 IRRIGATION NOTES IR -1.01 53 IRRIGATION SUMMARY SHEET IR -1.02 54 IRRIGATION PLANS IR -2.01 - IR -2.02 55-56 IRRIGATION DETAILS IR -3.01 - IR -3.02 57-58 NOTE: IT IS INTENDED FOR THIS DESIGN PLAN SET TO BE BID AND CONSTRUCTED IN CONJUNCTION WITH THE 'ARCHITECTURE DESIGN' SET. CONTRACTOR SHALL OBTAIN AND BE FAMILIAR WITH ALL DESIGN PLAN SETS PRIOR TO CONSTRUCTION. UTILITY CONFLICTS: THESE PLANS HAVE BEEN SUBMITTED TO THE FOLLOWING UTILITY COMPANIES. WHERE THE WORK TO BE DONE CONFLICTS WITH ANY OF THESE UTILITIES, THE CONFLICTS SHALL BE RESOLVED AS SPECIFIED IN THE SPECIAL NOTES AND/OR AS OTHERWISE NOTED ON THESE PLANS. CONFLICTS ARISING DURING THE COURSE OF CONSTRUCTION FROM UNFORESEEN CIRCUMSTANCES SHALL BE REPORTED TO THE INTERESTED UTILITY COMPANY AND BE RESOLVED BY THEM AND THE DESIGN ENGINEER. ALSO NOTE THE PROPOSED NEIGHBORING ADERO CANYON DEVELOPMENT - EAGLE RIDGE NORTH SUBDIVISION PLANS HAVE NOT BEEN APPROVED. THEREFORE, EXISTING UTILITY CONNECTION POINTS ARE NOT YET ESTABLISHED. UTILITY COMPANY REP DATE SUBMITTED CENTURYLINK (TELEPHONE) CONFLICT REVIEW 01-11-17 SALT RIVER PROJECT (SRP) (ELECTRIC) CONFLICT REVIEW 12-09-16 SOUTHWEST GAS (GAS) WILL FIELDER 12-09-16 FOUNTAIN HILLS SANITARY DISTRICT (SEWER) - - EPCOR WATER COMPANY (WATER) JOSH VIG 12-09-16 SURVEY CONTROL: THE SURVEY BASIS OF BEARING IS THE TOWN OF FOUNTAIN HILLS DATUM HOLDING THE BEARING BETWEEN TOWN BENCHMARKS BM69 TO BM118, WHICH BEARS S11 007'03"E. POINT NO. NORTHING EASTING ELEV. DESCRIPTION / LOCATION 100 34604.7393 12680.6295 2446.53 1/2" REBAR IN AERIAL PANEL 101 35096.4359 12993.3961 2478.10 1/2" REBAR IN AERIAL PANEL 102 35110.1085 12437.6302 2627.95 1/2" REBAR IN AERIAL PANEL 103 34122.0426 12450.5697 2407.86 1/2" REBAR IN AERIAL PANEL 104 34122.2608 12976.7999 2390.22 1/2" REBAR IN AERIAL PANEL BM69 39730.5510 16061.3620 2078.29 BC FLUSH GOLDEN EAGLE & EDGEWATER BM106 31958.7320 24985.4120 1731.44 BC FLUSH GOLDEN EAGLE & PALISADES BM112 34712.6200 16123.9590 2035.59 BC FLUSH SHADOW & MARIPOSA BM118 1 24047.2480 19143.2840 1910.32 1 BC FLUSH PALISADES 400'N. OF WESTRIDGE "AS -BUILT" CERTIFICATION: I HEREBY CERTIFY THAT THE "AS -BUILT" INFORMATION AS SHOWN HEREON WAS MADE UNDER MY SUPERVISION, OR AS NOTED, AND IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. REGISTERED CIVIL ENGINEER REGISTERED LAND SURVEYOR APPROVALS: DATE 1�7_r10 TOWN OF FOUNTAIN HILLS, TOWN ENGINEER DATE MARICOPA COUNTY ENVIRONMENTAL SERVICES DEPT. DATE Cali at least two full working days before you begin e-Kcapatfien. 1' an..:df•.flc BID ALTERNATE: INTERIM UTILITIES DInMarloopa �(sozjzs3-1 oo 1 = Engineering and Environments Design 4649 E. COTTON GIN LOOP, STE. B2 PHOENIX, AZ PHN: (602)438-2221 USA 85040 FAX: (602)438-2225 CONSULTANT(S): CLIENT: TOWN OF FOUNTAIN HILLS PARKS & RECREATION DEPT. FOUNTAIN HILLS TOWN HALL 16705 E. AVENUE OF THE FOUNTAINS FOUNTAIN HILLS, AZ 85268 (480) 816-5190 PROJECT: TITLE: LLI LLl Lu LL 4- O c O O a U) O O Lu Q 0 V LIJ SEAL: 23430 JEFFREYM. ENGELMANN FPS 1�.: EXPIRES: 09/30/2017 , SUBMITTALS / REVISIONS: NO. MM/DD/YY ISSUE 1 10/26/16 95% REVIEW 2 01/17/17 100% REVIEW 3 03/03/17 REVISED SUBMITTAL 04/26/17 BID -ALT: INTERIM UTILS 05/31/17 BID SET DRAWN BY: K. WALLIN DESIGNED BY: K. WALLIN APPROVED BY: J. ENGELMANN SCALE: N/A DATE: 05/31/2017 J2 PROJECT NO DRAWING NO.: FH -1.01 16.0897.003 SHEET NO.: 1 OF58 Remainder of this document is on the Town's website at http://www.fh.az.gov/Bids.aspx and is incorporated herein by reference. TOWN OF FOUNTAIN HILLS, ARIZONA MCDOWELL A4foLlAfTAlAf PRESERVE ADERO CANYON TRAIL11EAD ARCHITECTURAL DESIGN MAYOR: DESIGN CONSULTANTS: LINDA M. KAVANAGH PRIMARY DESIGN CONSULTANT: CITY COUNCIL: NICK DEPORTER DENNIS BROWN CASSIE HANSEN HENRY LEGER ALAN MAGAZINE CECIL YATES PROJECT CONTACT: MARK MAYER COMMUNITY SERVICES DIRECTOR TOWN OF FOUNTAIN HILLS 16075 EAST AVENUE OF THE FOUNTAINS FOUNTAIN HILLS, AZ 85268 (480) 816-5190 VICINITY MAP: LANDSCAPE ARCHITECTURE & CIVIL ENGINEERING: J2 ENGINEERING & ENVIRONMENTAL DESIGN, LLC 4649 EAST COTTON GIN LOOP, SUITE B2 PHOENIX, ARIZONA 85040 (602) 438-2221 www.J2Design.us DESIGN CONSULTANTS: ARCHITECT: ORCUTT I WINSLOW 3003 N. CENTRAL AVENUE SIXTEENTH FLOOR PHOENIX, AZ 85012 (602) 257-1764 www.owp.com MECHANICAL, PLUMBING AND ELECTRICAL ENGINEERING: MSA ENGINEERING CONSULTANTS 7878 NORTH 16TH STREET, SUITE 140 PHOENIX, AZ 85020 (602) 943-8424 www.msa-phx.com STRUCTURAL ENGINEERING: CARUSO TURLEY SCOTT INC. 1215 W. RIO SALADO PARKWAY, SUITE 200 TEMPE, AZ 85281 (480) 774-1700 www.ctsaz.com GOLDEN PROJECT SITE TO MCDOWELL MOUNTAIN RD. � a 0 ti TO SAGUARO BLVD. KD PSIS POg rn P 0 7� (PROJECT LOCATED IN m T3N R6E SECTION 7 WITHIN MCDOWELL5 MOUNTAIN PRESERVE)� /v.T.s. CQ PO QPM SHEA BLVD. TO SRI01 (PIMA FWK) TO SR87 (BEELINE HWK) TOWN OF FOUNTAIN HILLS, AZ March 3, 2017 NOTE: IT IS INTENDED FOR THIS DESIGN PLAN SET TO BE BID AND CONSTRUCTED IN CONJUNCTION WITH THE 'SITE DESIGN' SET. CONTRACTOR SHALL OBTAIN AND BE FAMILIAR WITH ALL DESIGN PLAN SETS PRIOR TO CONSTRUCTION. SHEETINDEX general information AR -0.00 cover sheet AR -0.01 project info, code plan, code analysis structural ST -1.01 general structural notes ST -2.01 foundation & roof framing plans ST -3.01 typical details ST -3.02 foundation details ST -3.03 roof framing details architectural AR -1.01 architectural site plan AR -2.01 restroom floor plan, rcp & roof plan AR -3.01 building elevations & door info AR -3.02 building sections & wall sections AR -5.01 details mechanical ME -0.00 mechanical abbreviations and sheet lists ME -0.01 mechanical specifications ME -1.01 mechanical plans plumbing 95% REVIEW PL -0.00 plumbing abbreviations and sheet lists PL -0.01 plumbing specifications PL -1.01 plumbing plans PL -5.00 plumbing digrams PL -6.00 plumbing schedules electrical EL -0.00 electrical cover sheet EL -0.01 electrical specifications EL -2.01 enlarged electrical plans Call at least two full working days before be in%oxyattion. mI Nw Rslp Wal 8-1-1 or 1 -800 -STAKE -IT (782-5348) In Hadco-,- County: (602) 263-1100 engineering and environments design 4649 E. COTTON GIN LOOP, STE. 32 PHOENIX, AZ PHN: (602)438-2221 USA 85040 FAX: (602)438-2225 CONSULTANT(S): Orcutt I Winslow 3003 N. Central Avenue sixteenth floor Phoenix Arizona 85012 602 257 1764 CLIENT: TOWN OF FOUNTAIN HILLS PARKS & RECREATION DEPT. FOUNTAIN HILLS TOWN HALL 16705 E. AVENUE OF THE FOUNTAINS FOUNTAIN HILLS, AZ 85269 (480) 816-5252 PROJECT: U) .0 co O U. 4— O SEAL: \ A F I C q r, ti 18963 H. NEIL TERRY C:). x�ONA U expires 09/30/19 TI TLE: -4--J N N U) O U SUBMITTALS/REVISIONS: NO. MM/DD/YY ISSUE 1 10/26/16 95% REVIEW 2 1/12/17 100% REVIEW 3 3/3/17 100% SUBMITTAL 4 4/26/17 BID ALT -.INTERIM UTILS DRAWN BY: RH DESIGNED BY: JK APPROVED BY: MY SCALE AS SHOWN DATE 3/3/17 J2 PROJECT NO.: 1 6.0897.003 DRAWING NO.: SHEET NO.: AR -0.00 1 of 23 Remainder of this document is on the Town's website at hqp://www.fh.az.gov/Bids.aspx and is incorporated herein by reference. 2979192.2 EXHIBIT B TO INVITATION FOR BIDS NO. CS2017-01 [Substitution/Equal Request Form] See following pages. 2979192.2 SUBSTITUTION/EQUAL REQUEST FORM Adero Canyon Trailhead Construction CS2017-01 Bidder hereby submits for Town's consideration the following product, instead of the specified item, for the above Project. Section Page Paragraph/Line Specified Item Proposed Substitution: (NOTE: See Article II — Bid Process; Bid Award, Section 2.4(C), Approval of Substitutions, or Section 2.4(D), Use of Equals, as applicable, for additional criteria concerning prior approval for substitutions or use equals of material and equipment.) Attach complete product description, drawings, photographs, performance and test data, and other information necessary for evaluation, indicating by highlighting all comparable data between specified item and proposed substitution or equal. Identify specific model numbers, finishes, options, etc. A. Will changes be required to Project design (architecturally, structurally, mechanically or electrically) in order to properly install proposed substitution? Yes No If Yes, explain: B. Will the undersigned pay for changes to the Project design, including engineering and drawing costs, caused by requested substitution? Yes No C. List differences between proposed substitution and specified item. Specified Item Proposed Substitution D. Does substitution affect Drawing dimensions? Yes No If Yes, explain: E. What effect does substitution have on other trades? F Yes 2979192.2 Does manufacturer's warranty of proposed substitution differ from that specified? No If Yes, explain: Yes Yes G. Will substitution affect progress schedule? Yes No If Yes, explain: H. Will substitution require more license fees or royalties than specified product? No If Yes, explain: I Will maintenance and service parts be locally available for substitution? No If Yes, explain: J. Will substitution be compatible with all adjacent material and/or applications to or on the proposed substitution? Yes No If no, explain what material substitutions will be required to make your proposed substitution compatible: List materials that will be required to provide compatibility: The undersigned hereby assumes all responsibility for all provisions indicated herein and agrees that, if adequate comparable information is not provided as required by Section 2.4(C), Approval of Substitutions, or Section 2.4(D), Use of Equals, as applicable, and this Form, the proposed substitution or equal shall be subject to rejection. The undersigned understands and agrees that the substitution requested, including all supporting data, must be submitted to and be in the possession of the Town 10 full Days prior to the Bid Deadline, to be considered, including all supporting data for the substitution. Telegraphic (facsimile) or electronic (email) copies will not be considered. Submitted by: Signature Print Name Title Company Name Address City, State, Zip Code Date Telephone No. 2979192.2 B-2 For Town's Use Only: ❑ Accepted ❑ Rejected Remarks: Signature Print Name Date EXHIBIT C TO INVITATION FOR BIDS NO. CS2017-01 [Price Sheet] See following pages. 2979192.2 PRICE SHEET Adero Canyon Trailhead Construction CS2017-01 BID ITEM NUMBER ITEM DESCRIPTION UNIT QUANTITY UNIT COST TOTAL 1. Mobilization/Demobilization LS 1 $ $ 2. Earthwork Cut CY 4,248 $ $ 3 Earthwork Fill (less required for gabion retaining walls, pavement sections and riprap) CY 11,563 $ $ 4. Aggregate Base Course (from MCO Stockpile to Site) CY 540 $ $ 5. Asphalt Parking Pavement SY 2,320 $ $ 6 Temporary Asphalt Entry Pavement (2" AC over Compacted Subgrade) SY 74 $ $ 7 Colored Concrete Pavement (Road, ADA Parking, Plaza Spaces, Walkway) SF 8,415 $ $ 8. Colored Concrete Pavement (Walkway) SF 5,680 $ $ 9. Concrete Ribbon Curb LF 2,185 $ $ 10. Concrete Ribbon Curb With Wheel Stop LF 101 $ $ 11. ADA Truncated Domes SF 36 $ $ 12. Drainage RGRCP, Class IV (12" Pipe) LF 166 $ $ 13. Drainage Headwall (Double 12" Pipe MAG 501-1 and 2: U Type) EA 1 $ $ 14. Drainage RGRCP, Class IV (18" Pipe) LF 142 $ $ 15. Drainage Headwall (18" Pipe) EA 4 $ $ 16. Drainage Concrete Pipe Culvert, Class IV (24" Pipe) LF 116 $ $ 17. Drainage Headwall (24" Pipe) EA 1 $ $ 18. Drainage RGRCP, Class IV (42") LF 96 $ $ 19. Drainage Headwall Inlet (42" Pipe) EA 1 $ $ 20. Drainage Headwall Outlet (42" Pipe) EA 1 $ $ 21. Catch Basin MAG Standard Detail 537 — Double EA 2 $ $ 22. Headwall Handrail LF 107 $ $ 23. Headwall Trash Rack EA 4 $ $ 24. Storm Drain Manhole With Reinforced Box Structure EA 1 $ $ 25. Placed Rock Embankment LF 1,368 $ $ 2979192.2 BID ITEM NUMBER ITEM DESCRIPTION UNIT QUANTITY UNIT COST TOTAL 26. Gabion Basket Retaining Walls CY 302 $ $ 27 Gabion Basket Seating Walls at Ramada With Concrete Piers and Caps LF 88 $ $ 28. Dumped Riprap D50=9" CY 642 $ $ 29. Dumped Riprap D50=18" CY 194 $ $ 30. Rock Cut Enhancements Sculpturing SF 3,362 $ $ 31. Miscellaneous Signing and Striping (Includes Yellow and White 2 -Way Reflectors) LS 1 $ $ 32. SWPPP / Erosion Control LS 1 $ $ 33. Connection to 8" Waterline — Install Service Saddle and Corporation Stop EA 1 $ $ 34. Connection to 8" Waterline — Install 8" x 8" Cross (Add reduction as specified on plans) with 8" Gate Valve and Cover EA 3 $ $ 35. 2" Water Meter Assembly (All Appurtenances Without Meter) EA 1 $ $ 36. 1" Reduced Pressure Backflow Device with Enclosure and Concrete Pad EA 1 $ $ 37 2" Reduced Pressure Backflow Device with Enclosure and Concrete Pad EA 1 $ $ 38. 2" Copper Waterline LF 75 $ $ 39. 6" DI Waterline LF 23 $ $ 40. 8" DI Waterline LF 515 $ $ 41. Fire Hydrant with 6" Gate Valve and Cover EA 1 $ $ 42. 8" Plug and Curb Stop With Flushing Pipe and Air Release Valve EA 1 $ $ 43. 8" DI Sewer Pipe LF 158 $ $ 44. 8" PVC SDR 35 Sewer Pipe LF 252 $ $ 45. Sewer Manholes EA 3 $ $ 46. Adjust Sewer Manhole Frame and Cover in Cul-de-sac EA 1 $ $ 47. Restroom Building Complete LS 1 $ $ 48 SRP Primary Power Feed including all Materials and Labor per Power Company Requirements LS 1 $ $ 49. 200 AMP Service Entrance Section including all Circuit Breakers and all Control Devices as shown on Plans EA 1 $ $ 50. Bollard Light EA 19 $ $ 51. Ramada/Shade Structure Electrical and Lighting LS 1 $ $ 52 Furnish and Install Conduit Complete and In Place including Trenching and Backfill LS 1 $ $ 2979192.2 C-2 BID ITEM NUMBER ITEM DESCRIPTION UNIT QUANTITY UNIT COST TOTAL 53. Furnish and Install all Conductors and Bond Wires complete and in place including all Splices and Terminations LS 1 $ $ 54. Furnish and Install #3 1/2 Pull Box Complete and In Place EA 3 $ $ 55. Salvaged Saguaro - Bare Root EA 12 $ $ 56. Salvaged Barrel Cactus - Bare Root EA 8 $ $ 57. Salvaged Ocotillo - Bare Root EA 19 $ $ 58. New Tree - 15" Gallon EA 17 $ $ 59. New Tree - 36" Box EA 49 $ $ 60. New Saguaro - 3'- 6' EA 9 $ $ 61. New Saguaro - 6'- 9' EA 9 $ $ 62. New Saguaro - 9'- 12' EA 12 $ $ 63. New Barrel Cactus -12" - 18" EA 29 $ $ 64. New Barrel Cactus -18"- 36" EA 29 $ $ 65. New Ocotillo - 8' with 12 Canes EA 28 $ $ 66. New Shrubs - 1 Gallon EA 125 $ $ 67. New Shrubs - 5 Gallon EA 284 $ $ 68. Native Seeding SF 35,533 $ $ 69. Salvaged Plant Nursery LS 1 $ $ 70. Desert Pavement SF 18,822 $ $ 71. Boulder Salvage and Relocation (Size A - 2' x 3') EA 163 $ $ 72. Boulder Salvage and Relocation (Size B - 3' x 5') EA 101 $ $ 73. Boulder Salvage and Relocation (Size C - 4' x 6') EA 64 $ $ 74. Boulder Salvage and Relocation (Size D - 5' x 7' or >) EA 20 $ $ 75. Ramada (625 SF) LS 1 $ $ 76. Exposed Aggregate Paving SF 140 $ $ 77. Picnic Table (3 Standard and 1 ADA Accessible) EA 4 $ $ 78. Individual Gabion Basket Bench with Concrete Cap EA 4 $ $ 79. Entry Signage LS 1 $ $ 80. Access Control Gates to Fire Road LS 1 $ $ 2979192.2 C-3 BID ITEM NUMBER ITEM DESCRIPTION UNIT QUANTITY UNIT COST TOTAL 81. Main Entry Gates LS 1 $ $ 82. Information Kiosk EA 1 $ $ 83. Bicycle Rack EA 2 $ $ 84. Trash Receptacles EA 5 $ $ 85. Bollard (Security) EA 1 $ $ 86. Irrigation Controller EA 1 $ $ 87. Master Valve - 1" EA 1 $ $ 88. Ball Valve - 1" EA 1 $ $ 89. Ball Valve - 1 1/2" EA 2 $ $ 90. Emitter - Single -Outlet Assembly EA 562 $ $ 91. Emitter - Multi -Outlet Assembly EA 66 $ $ 92. Drip Filter and Pressure Regulator Assembly - 1" EA 23 $ $ 93. Drip Remote Control Valve - 1" EA 10 $ $ 94.Quick Coupler Assembly - 1" EA 5 $ $ 95. Air/Vacuum Relief Valve Assembly - 1" EA 3 $ $ 96. Pipe - Drip Lateral 3/4" Schedule 40 PVC LF 6,200 $ $ 97. Pipe — Mainline and Submain 1" Schedule 40 PVC LF 2,097 $ $ 98. Pipe - Mainline 1 1/2" Schedule 40 PVC LF 231 $ $ 99. Pipe Sleeve - 4" Schedule 40 PVC LF 314 $ $ 100. Wire Sleeve - 1" Schedule 40 PVC LF 136 $ $ SUBTOTAL BASE BID $ 101. Owners Allowance LS 1 $178,000.00 $178,000.00 TOTAL BASE BID AND OWNERS ALLOWANCE $ 102. BID ALTERNATE A: Interim Utility (Total of Items 102-A — 102-M Below) LS 1 $ 102-A. TanEarthwork for Water Tank Pad and Sewage Collection Tank CY 13.0 $ 102-B. Add: Aggregate Base for Tank Pad (From MCO Stockpile) CY 7.25 $ 102-C. Add: 3/4" Minus Decomposed Granite on Interim Roadway Surface and Surrounding Water Tank and Solar Collection Area SF 6,380 $ 102-D. Add: SWPPP / Erosion Control Around Tank Pad LS 1 $ 2979192.2 C-4 BID ITEM NUMBER ITEM DESCRIPTION UNIT QUANTITY UNIT COST TOTAL 102-E. Add: Desert Pavement SF 5,738 $ 102-F. Add: 5,000 Gallon Water Tank with Locking Lid and Locking Drain Valve EA 1 $ 102-G. Add: 2" SCH 40 PVC Waterline with All Valves LF 364 $ 102-H. Add: 1 1/2" SCH 40 PVC Waterline with All Valves LF 38 $ 102-I. Add: 4" SDR -35 Sewer Pipe with Valves to Holding Tank LF 62 $ 102-J. Add: 5,000 Gallon Pre -Cast Concrete Sewage Holding Tank with Alarm EA 1 $ 102-K. Add: Solar Collection and Storage System Complete LS 1 $ 102-L. Add: 6'- 0" High Chain Link Fencing with Access Gate LF 140 $ 102-M. Add: Restroom Building Modifications LS 1 $ 103. BID ALTERNATE B: Automatic Gate Opening and Closing System LS 1 $ $ TOTAL BASE BID, OWNERS ALLOWANCE, BID ALTERNATES A AND B $ 104. Force Account Rock Blasting Allowance LS 1 $ 70,000.00 $ 70,000.00 105. Force Account Rock Staining SF 3,000 $ $ 106. Force Account Earthwork Fill Material CY 2,125 $ $ 107. Force Account Aggregate Base Course Material CY 250 $ $ SUBTOTAL FORCE ACCOUNT ITEMS $ TOTAL COST: BASE BID, OWNERS ALLOWANCE, BID ALTERNATES, FORCE ACCOUNT* $ * ALL BIDS ARE PRESUMED TO INCLUDE ALL APPLICABLE TAXES. CONTRACTOR IS RESPONSIBLE FOR ENSURING THAT ALL MATERIALS CONTAINED IN THE PLANS FOR THE PROJECT ARE BID ON THE PRICE SHEET. ACCEPTANCE OF ALTERNATE ITEMS ALTERNATE A: Yes No Authorized By: ALTERNATE B: Yes No Authorized By: 2979192.2 C-5 EXHIBIT D TO INVITATION FOR BIDS NO. CS2017-01 [Federal Requirements] See following page. Not applicable to this Project. 2979192.2 EXHIBIT E TO INVITATION FOR BIDS NO. CS2017-001 [Licenses; DBEAVBE Status] See following page. 2979192.2 LICENSES; DBE/WBE STATUS Adero Canyon Trailhead Construction CS2017-01 ❑ Attach a copy of your Contractor's License to your bid submittal. ❑ Attach a copy of your Town of Fountain Hills Business License to your bid submittal. ❑ Attach a copy of your Arizona Transaction Privilege Tax License Has your firm been certified by any jurisdiction in Arizona as a minority or woman owned business enterprise? Yes No If yes, please provide details and documentation of the certification. 2979192.2 EXHIBIT F TO INVITATION FOR BIDS NO. CS2017-01 [References] See following page. 2979192.2 REFERENCES Adero Canyon Trailhead Construction CS2017-01 Provide the following information for three clients for whom Bidder has successfully completed similar projects as set forth in Section 2.16 within the past 60 months. Failure to provide three accurate and suitable references will result in disqualification. Bidder may also attach another sheet with additional references. 1. Company: Address City/State/Zip Code Contact: Telephone Number: Date of Contract Initiation: Date of Contract Expiration: Final Project Cost: Project Description: 2. Company: Address City/State/Zip Code Contact: Telephone Number: Date of Contract Initiation: Date of Contract Expiration: Final Project Cost: Project Description: 3. Company: Address City/State/Zip Code Contact: Telephone Number: Date of Contract Initiation: Date of Contract Expiration: Final Project Cost: Project Description: 2979192.2 EXHIBIT G TO INVITATION FOR BIDS NO. CS2017-01 [Bid Bond] See following page. 2979192.2 is 111 81163 LN I Adero Canyon Trailhead Construction CS2017-01 KNOW ALL PERSONS BY THESE PRESENTS: THAT, (hereinafter called Principal), as Principal, and , a corporation organized and existing under the laws of the State of with its principal office in the City of , (hereinafter called the Surety), as Surety, are held and firmly bound unto the Town of Fountain Hills, (hereinafter called the Obligee) in the penal sum of Ten Percent (10%) of Bid Amount, (Dollars) ($ ) lawful money of the United States of America, to be paid to the order of the Town of Fountain Hills, for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents and in conformance with A.R.S. Section 34-201. WHEREAS, the Principal has submitted a bid/proposal for: NOW, THEREFORE, if the Obligee accepts the proposal of the Principal and the Principal enters into a Contract with the Obligee in accordance with the terms of the proposal and gives the Bonds and Certificates of Insurance as specified in the Standard Specifications with good and sufficient surety for the faithful performance of the Contract and for the prompt payment of labor and materials furnished in the prosecution of the Contract, or in the event of the failure of the Principal to enter into the Contract and give the Bonds and Certificates of Insurance, if the Principal pays to the Obligee the difference not to exceed the penalty of the Bond between the amount specified in the proposal and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by the proposal then this obligation is void. Otherwise it remains in full force and effect provided, however, that this Bond is executed pursuant to the provisions of Section 34-201, Arizona Revised Statutes, and all liabilities on this Bond shall be determined in accordance with the provisions of the section to the extent as if it were copied at length herein. The prevailing party in a suit on this bond shall recover as part of the judgment reasonable attorney fees that may be fixed by a judge of the Court. Witness our hands this day of 20 Principal Surety Agency of Record 2979192.2 Seal Seal EXHIBIT H TO INVITATION FOR BIDS NO.CS2017-01 [Key Personnel/Subcontractor Listing] See following page. 2979192.2 KEY PERSONNEL/SUBCONTRACTOR LISTING Adero Canyon Trailhead Construction CS2017-01 Key Personnel and Subcontractors listed herein shall be utilized on this Project. Category: Personnel/ Subcontractor Name, Contact Information: 2979192.2 EXHIBIT I TO INVITATION FOR BIDS NO. CS2017-01 [Performance Bond] See following page. 2979192.2 . 'J • '7•h 2 to a 0.1612 ED Adero Canyon Trailhead Construction CS2017-01 KNOW ALL PERSONS BY THESE PRESENTS: THAT, (hereinafter called Principal), as Principal, and a corporation organized and existing under the laws of the State of , with its principal office in the City of (hereinafter called the Surety), as Surety, are held and firmly bound unto the Town of Fountain Hills (hereinafter called the Obligee) in the amount of (Dollars) ($ ), for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written Contract with the Obligee, dated the day of 20 for the material, service or construction described as is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal faithfully performs and fulfills all of the undertakings, covenants, terms, conditions and agreements of the Contract during the original term of the Contract and any extension of the Contract, with or without notice to the Surety, and during the life of any guaranty required under the Contract, and also performs and fulfills all of the undertakings, covenants, terms, conditions and agreements of all duly authorized modifications of the Contract that may hereafter be made, notice of which modifications to the surety being hereby waived, the above obligation is void. Otherwise it remains in full force and effect. PROVIDED, however, that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2, Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the provisions of Title 34, Chapter 2, Article 2, Arizona Revised Statutes, to the extent as if it were copied at length in this agreement. The prevailing parry in a suit on this bond shall recover as part of the judgment reasonable attorney fees that may be fixed by a judge of the Court. Witness our hands this day of 2979192.2 20 Principal Seal LM Surety LM Agency of Record Seal EXHIBIT J TO INVITATION FOR BIDS NO. CS2017-01 [Payment Bond] See following page. 2979192.2 Adero Canyon Trailhead Construction CS2017-01 KNOW ALL PERSONS BY THESE PRESENTS: THAT, (hereinafter called Principal), as Principal, and , a corporation organized and existing under the laws of the State of with its principal office in the City of (hereinafter called the Surety), as Surety, are held and firmly bound unto the Town of Fountain Hills (hereinafter called the Obligee) in the amount of (Dollars) ($ ), for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written Contract with the Obligee, dated the day of 20_, for the material, service or construction described as which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal promptly pays all monies due to all persons supplying labor or materials to the Principal or the Principal's Subcontractors in the prosecution of the Work provided for in the Contract, this obligation is void. Otherwise it remains in full force and effect. PROVIDED, however, that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2, Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of Title 34, Chapter 2, Article 2, Arizona Revised Statutes, to the same extent as if they were copied at length in this agreement. The prevailing party in a suit on this bond shall recover as a part of the judgment reasonable attorney fees that may be fixed by a judge of the Court. Witness our hands this day of 920 Principal Seal Surety Agency of Record 2979192.2 Seal EXHIBIT K TO INVITATION FOR BIDS NO. CS2017-01 [Acknowledgments of Addenda received] See following page(s). 2979192.2