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HomeMy WebLinkAbout180306Po NOTICE OF MEETINGS
r WORK-STUDY SESSION AND REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
Mayor Linda M. Kavanagh
Vice Mayor Dennis Brown
Councilmember Nick DePorter
Councilmember Henry Leger
Councilmember Alan Magazine
Councilmember Art Tolis
Councilmember Cecil A. Yates
TIME: 4:30 P.M. — WORK-STUDY SESSION SESSION
5:30 P.M. — REGULAR SESSION
WHEN: TUESDAY, MARCH 6, 2018
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town's
various Commission, Committee or Board members may be in attendance at the Council meeting.
Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a right to
consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town
Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording.
Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal
action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a
recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. § 1-602.A.9 have been waived.
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker's card and submit it to the Town Clerk
prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber
Lobby and near the Clerk's position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Clerk or the
Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their
name and whether or not they reside in Fountain Hills (do not provide a home address) prior to
commenting and to direct their comments to the Presiding Officer and not to individual Councilmembers.
Speakers' statements should not be repetitive. If a speaker chooses not to speak when called, the speaker
will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i)
reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public
Hearing.
Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be
waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to
a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting.
Please be respectful when making your comments. If you do not comply with these rules, you will be
asked to leave.
z:\council packets\2018\rl803O6\180306a.doex Last Printed: 2/27/2018 7:30 AM Page 1 of 4
WORK-STUDY SESSION
ALL WORK-STUDY ITEMS LISTED ARE FOR DISCUSSION ONLY. NO ACTION CAN OR WILL BE
TAKEN. The primary purpose of work session meetings is to provide the Town Council with the opportunity for in-
depth discussion and study of specific subjects. Public comment is not provided for on the Agenda and may be made
only as approved by consensus of the Council. In appropriate circumstances, a brief presentation may be permitted by a
member of the public or another interested party on an Agenda item if invited by the Mayor or the Town Manager to do
so. The Presiding Officer may limit or end the time for such presentations.
CALL TO ORDER AND ROLL CALL — Mayor Linda M. Kavanagh
Presentation by Joe Fackel, Executive Vice President and Bear Burnett, Retail
Development Director, from Retail Strategies LLC. regarding discovery phase
findings and retail recruitment plan.
2. ADJOURNMENT.
REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh
INVOCATION — Pastor Rod Warembourg, Desert Creek Fellowship
ROLL CALL — Mayor Linda M. Kavanagh
MAYOR'S REPORT
i) None.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) Mayor Kavanagh and/or Council may review RECENT EVENTS attended relating
to Economic Development.
ii) Update by the McDowell Mountain Preservation Commission regarding RECENT
ACTIVITIES.
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.
z:\council packets\2018\rl803O6\180306a.doex Last Printed: 2/27/2018 7:30 AM Page 2 of 4
1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from
January 30 and February 6, 2018.
2. CONSIDERATION of RESOLUTION 2018-20, abandonment of the Public Utility and
Drainage Easement on Plat 506A, Block 4, Lot 7 (15806 N. Eagles Nest Drive), as recorded
in Book 159, Page 30, records of Maricopa County, Arizona. (EA 2018-03)
Regular Agenda
3. CONSIDERATION of appointing three (3) Planning and Zoning Commissioners to each
serve a two-year term beginning on March 7, 2018, and ending September 30, 2020.
4. CONSIDERATION of a Cooperative Purchase Agreement contract number C2018-083
with Pro Em Party and Event Rentals for up to $75,000.00 with the option of four (4) one
year renewal terms.
5. CONSIDERATION of four (4) BUDGET TRANSFERS from the General Government
Contingency: (i) $2,246.25, for holiday lighting of Town Hall; (ii) $600,000.00, for
additional contract costs for the Fire Station #2 relocation; (iii) $50,000.00 for the May 15,
2018 Special Election for the primary property tax ballot question; and (iv) $160,000.00, for
additional;/unbudgeted Interim Town Attorney Costs; and one (1) BUDGET TRANSFER
from Public Works to the Cottonwoods Maintenance District in the amount of $900.00, for
an unbudgeted increase in landscaping costs.
6. CONSIDERATION of the second Amendment to Cooperative Purchase Agreement
C2017-045, between M. R. Tanner Development and Construction, Inc. and the Town of
Fountain Hills, in an amount not to exceed $2,500,000.00, for asphalt replacement and
miscellaneous work.
7. CONSIDERATION of Cooperative Purchase Agreement C2018-092, between Roadsafe
Traffic Systems, Inc. and the Town of Fountain Hills, in an amount not to exceed
$30,000.00 annually, for temporary traffic control devices.
8. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to any item
included in the League of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN
or relating to any ACTION PROPOSED OR PENDING before the State Legislature.
9. COUNCIL DISCUSSION/DIRECTION to the Town Manager.
Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future
agenda for action or (ii) directing staff to conduct further research and report back to the
Council:
i.) None.
10. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by
the Mayor, Individual Councilmembers, and the Town Manager.
i.) None.
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11. ADJOURNMENT.
DATED this 27th day of February, 2018.
wCG4_
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\2018\rl80306\180306a.doex Last Printed: 2/27/2018 7:30 AM Page 4 of 4
AIN�f
NOTICE OF MEETINGS
• WORK-STUDY SESSION AND REGULAR SESSION OF THE
9i��h8t
is
FOUNTAIN HILLS TOWN COUNCIL
Mayor Linda M. Kavanagh
Vice Mayor Dennis Brown
Councilmember Nick DePorter
Councilmember Henry Leger
Councilmember Alan Magazine
Councilmember Art Tolis
Councilmember Cecil A. Yates
TIME: 4:30 P.M. — WORK-STUDY SESSION SESSION
5:30 P.M. — REGULAR SESSION
WHEN: TUESDAY, MARCH 6, 2018
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town's
various Commission, Committee or Board members may be in attendance at the Council meeting.
Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a right to
consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town
Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording.
Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal
action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a
recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. § 1-602.A.9 have been waived.
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker's card and submit it to the Town Clerk
prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber
Lobby and near the Clerk's position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Clerk or the
Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their
name and whether or not they reside in Fountain Hills (do not provide a home address) prior to
commenting and to direct their comments to the Presiding Officer and not to individual Councilmembers.
Speakers' statements should not be repetitive. If a speaker chooses not to speak when called, the speaker
will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i)
reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public
Hearing.
Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be
waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to
a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting.
Please be respectful when making your comments. If you do not comply with these rules, you will be
asked to leave.
z:\council packets\2018\rl803O6\180306a.doex Last Printed: 2/27/2018 7:30 AM Page 1 of 4
WORK-STUDY SESSION
ALL WORK-STUDY ITEMS LISTED ARE FOR DISCUSSION ONLY. NO ACTION CAN OR WILL BE
TAKEN. The primary purpose of work session meetings is to provide the Town Council with the opportunity for in-
depth discussion and study of specific subjects. Public comment is not provided for on the Agenda and may be made
only as approved by consensus of the Council. In appropriate circumstances, a brief presentation may be permitted by a
member of the public or another interested party on an Agenda item if invited by the Mayor or the Town Manager to do
so. The Presiding Officer may limit or end the time for such presentations.
CALL TO ORDER AND ROLL CALL — Mayor Linda M. Kavanagh
Presentation by Joe Fackel, Executive Vice President and Bear Burnett, Retail
Development Director, from Retail Strategies LLC. regarding discovery phase
findings and retail recruitment plan.
2. ADJOURNMENT.
REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh
INVOCATION — Pastor Rod Warembourg, Desert Creek Fellowship
ROLL CALL — Mayor Linda M. Kavanagh
MAYOR'S REPORT
i) None.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) Mayor Kavanagh and/or Council may review RECENT EVENTS attended relating
to Economic Development.
ii) Update by the McDowell Mountain Preservation Commission regarding RECENT
ACTIVITIES.
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.
z:\council packets\2018\rl803O6\180306a.docx Last Printed: 2/27/2018 7:30 AM Page 2 of 4
1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from
January 30 and February 6, 2018.
2. CONSIDERATION of RESOLUTION 2018-20, abandonment of the Public Utility and
Drainage Easement on Plat 506A, Block 4, Lot 7 (15806 N. Eagles Nest Drive), as recorded
in Book 159, Page 30, records of Maricopa County, Arizona. (EA 2018-03)
Regular Agenda
3. CONSIDERATION of appointing three (3) Planning and Zoning Commissioners to each
serve a two-year term beginning on March 7, 2018, and ending September 30, 2020.
4. CONSIDERATION of a Cooperative Purchase Agreement contract number C2018-083
with Pro Em Party and Event Rentals for up to $75,000.00 with the option of four (4) one
year renewal terms.
5. CONSIDERATION of four (4) BUDGET TRANSFERS from the General Government
Contingency: (i) $2,246.25, for holiday lighting of Town Hall; (ii) $600,000.00, for
additional contract costs for the Fire Station #2 relocation; (iii) $50,000.00 for the May 15,
2018 Special Election for the primary property tax ballot question; and (iv) $160,000.00, for
additional;/unbudgeted Interim Town Attorney Costs; and one (1) BUDGET TRANSFER
from Public Works to the Cottonwoods Maintenance District in the amount of $900.00, for
an unbudgeted increase in landscaping costs.
6. CONSIDERATION of the second Amendment to Cooperative Purchase Agreement
C2017-045, between M. R. Tanner Development and Construction, Inc. and the Town of
Fountain Hills, in an amount not to exceed $2,500,000.00, for asphalt replacement and
miscellaneous work.
7. CONSIDERATION of Cooperative Purchase Agreement C2018-092, between Roadsafe
Traffic Systems, Inc. and the Town of Fountain Hills, in an amount not to exceed
$30,000.00 annually, for temporary traffic control devices.
8. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to any item
included in the League of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN
or relating to any ACTION PROPOSED OR PENDING before the State Legislature.
9. COUNCIL DISCUSSION/DIRECTION to the Town Manager.
Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future
agenda for action or (ii) directing staff to conduct further research and report back to the
Council:
i.) None.
10. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by
the Mayor, Individual Councilmembers, and the Town Manager.
i.) None.
z:\council packets\2018\rl803O6\180306a.doex Last Printed: 2/27/2018 7:30 AM Page 3 of 4
11. ADJOURNMENT.
DATED this 27th day of February, 2018.
Bevelyn J. gender, 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\2018\rl80306\180306a.doex Last Printed: 2/27/2018 7:30 AM Page 4 of 4
rets i
strategies
Fountain Hills, AZ
Retail Recruitment Plan There's a lot of potential here.
1 Goal 130 4:1 44 20 34
Create Success States Our Team has
for Our Clients Communities Served Client to Staff Ratio Located Retailers
Prepared for Fountain Hills—AZ by Retail Strategies
Licensed Retail Real
Estate
Professionals
Team Members
ECONOMIC
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Prepared for Fountain Hills—AZ by Retail Strategies
Scott Cooper
Economic Development Director
Ashton Antonetti
Portfolio Director
Bear Burnett
Retail Development
Director
lit
Joe Fackel
Executive Vice
President
Executi
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Team
Marketing
Research
Accounti
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Prepared for Fountain Hills—AZ by Retail Strategies
Market analysis- Data, Data, Data
We start where the retailers and landlords start. A retail site will only
be chosen if it meets all of a retailers' key criteria. This criteria is two
fold: market criteria and site criteria. Each retailer has its own formula
for determining what market characteristics are needed to allow for a
profitable store. Which is why this first step is central to formulating an
effective retail recruitment strategy. Through our comprehensive
market analysis process we have evaluated consumer spending
patterns, peer communities, local commercial real estate asset, as
well as the demographic and psychographic make-up of your unique
consumer trade area. Our partnerships with pioneering data
organizations allow us to provide the deepest, most accurate, insight
into your community and its consumers to retailers and landlords
across the country.
Strategic Planning — The Playbook
Every community offers unique assets and challenges to retailers and
developers. Taking the market analysis a step further we have sent a
experienced retail real estate team to Fountain Hills to view the market
first hand as a retail site selector would (Boots on the Ground). Then
through connecting with local city leadership and key stakeholders in
Fountain Hills's commercial real estate sector we gain the insight and
feedback necessary to access the markets strengths and
weaknesses. Many times what the data shows is incomplete. Other
critical factors such as co -tenancy, sight lines, access and most
notable success of existing retail are taken in to account in creating
your strategic retail recruitment plan.
Retail Recruitment- Connecting The Dots
This is where the real heavy lifting begins as we put the data and
underutilized real estate assets to work by connecting them with
targeted businesses. Retail recruitment is a complex business and
involves multiple parties. Our team has National connections that we
will put to work on your behalf. We currently know who to contact, their
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where does all this information come
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here are the demographic data sources used
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Prepared for Fountain Hills—AZ by Retail Strategies U
DATA & ANALYTICS
Through our partnership you have access to 87 category specific reports containing over 3,000 unique variables. During the initial Discovery
Phase Retail Strategies analyzed these variables from 7 different geographies, the results of which have been summarized in the following
pages of this report. However, this information is not strictly limited to the retail industry. The research can be adjusted to assist local leadership
and city staff with internal and external efforts related to growing and improving all facets of the community. We also realize the goal of our
partnership is not only to bring new retail to your community but also to support the existing local business owners. Our data can be run on
demand from any site in the market and refined to provide insight into spending patterns, lifestyles, and preferences of the consumers in
Fountain Hills. This is a valuable tool when considering weather to grow or expand an existing business, or even in exploring what
merchandise mix local shoppers will find the most appealing.
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category specific reports
7
different geographies
defined per each variable
Prepared for Fountain Hills—AZ by Retail Strategies
31365
unique variables
23,555
variables to analyze
State of Arizona
Population 6.9 Million
Phoenix -Mesa -Scottsdale, AZ
CBSA
Population 4,681,190
Fountain Hills, AZ
Population 24,278
Prepared for Fountain Hills—AZ by Retail Strategies
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Median Household Income
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Prepared for Fountain Hills—AZ by Retail Strategies
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Category
Current Year Estimated Population
Number of Households
3 -Mile Radius
25,137
11,405
5 -Mile Radius
32,049
14,063
10 -Mile Radius
134,980
58,685
5 -Minute Drive Time
12,454
6,027
10 -Minute Drive Time
24,863
11,312
15 -Minute Drive Time
42,026
18,627
Projected Annual Growth (5 YR)
7.6o%
7.24%
8.52%
8.11%
7.53%
7.13%
Median HH Income 2017
$73,919
$85,355
$86,290
$65,716
$74,413
$79,616
Current Year Average Age
50.3
49.3
45
50.8
50.3
47.8
Average Home Value
$707,691
$793,668
$821,677
$584,601
$716,682
$805,344
Current Year % Bachelor's Degree
42%
45%
49%
40%
43%
47%
Daytime Population
21,849
27,704
156,772
11,731
21,279
41,624
Labor Force
11,805
15,677
67,779
5,882 11,680
21,109
The variables on the chart above are all important variables considered by retail site selectors
Prepared for Fountain Hills -AZ by Retail Strategies * Demographics pulled from city center as identified by internal GIS / Data Source: STI PopStats
0
Mobile Data Collection
Our mobile tracking study uses data collected from mobile phone users who displayed in a color -coded distribution map that indicates the percent of
have agreed within their apps and phone settings to enable location visitors who have travelled to the study area from each square -mile block in
information. By drawing a polygon around a retailer, we are able to gather a map grid. Once we draw a polygon around a study area, we then specify a
data about the home and work location of customers who have actively used time frame in which to measure customer location patterns. The resulting
their mobile device while in the defined area. For this study, we have used data is gathered from shoppers who visited the defined location during the
mobile GPS tracking data to examine Fountain Hills' core consumer trade designated time period. When assessing the results of a mobile study, we
area using the Safeway, Target and Tractor Supply Co. stores located in must keep in mind that the number of visitors that are tracked is a very small
Fountain Hills, AZ. The chosen retailers are large traffic generators that percentage of the overall population who have visited the study area. These
might attract different consumer groups drawn to different categories and data give us accurate insights to the distribution of visitors, but not the
levels of retail. The results of this study are overall quantity of visitors
Safeway
13733 Fountain Hills Blvd
Prepared for Fountain Hills—AZ by Retail Strategies
Target
16825 E Shea Blvd
Tractor Supply Co.
17130 East Shea Blvd
Locations Tracked:
Time Period Tracked:
% Distribution
0.01 % to 0.25%
Safeway
August1, 2016 —
0.25% to 0.5%
Target
August 1, 2017
0.5% to I%
Tractor Supply Co.
01% t°'4i°
W
Safeway
13733 Fountain Hills Blvd
Prepared for Fountain Hills—AZ by Retail Strategies
Target
16825 E Shea Blvd
Tractor Supply Co.
17130 East Shea Blvd
Primary Trade Area
Each retailer has a specific formula of market
criteria they use to determine if they will have a
profitable store. Understanding your trade area is
extremely important because it sets the
parameters for measuring demographic criteria
and spending potential sought by retailers and
developers. Municipal boundaries, radius rings
and drive times are a start to evaluating this
information. However, these predefined
boundaries are unable to take into account the
unique aspects affecting the actual consumer
pulling power and local geography of your
community. For these reasons a customized
trade area is the next step to analyzing a
market.
A trade area is the geographic area from which a
community generates the majority of its
customers. A community can have more than
one trade area. We define your primary trade
area the core base of consumers highly likely to
shop and eat in the market at least once a
month. Your primary trade area has been
created by combining the results from the
mobile tracking data with other factors such as:
current retail mix in your community, traffic
patterns, destination attractions and proximity to
competing markets.
The time and distance consumers are willing to
travel to shop is not "one size fits all". Therefore
retailers will analyze their own trade areas
differently taking in to account things like existing
store locations, competition within their retail
category, and convenience.
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0
Retail Strategies has created the customized trade area shown in the map above and outlined in red which
is focused on a consumer who might travel for their primary shopping destination.
Prepared for Fountain Hills—AZ by Retail Strategies
42, 092
projected 2022 population
39,991
2017 Estimated Population
Custom Trade Area
•
•
50
0
7.8%
projected growth rate
2017-2022
male average age female average age
Prepared for Fountain Hills AZ by Retail Strategies Data Source: STI:PopStats I`9:
0
CURRENT YEAR ESTIMATED HOUSEHOLDS BY HOUSEHOLD SIZE
8,655
3,985
$90,180
median household income
23% 50%-
25149
0%-
r�
21,613
number of households
2,149 -
1,778
611 178 96
-12% 10%
1 -person 2 -person 3 -person
household household household
Prepared for Fountain Hills—AZ by Retail Strategies
4 -person 5 -person 6 -person 7 or more
household household household person
household
Data Source: STI: PopStats — U.S. Census; U.S. Postal Servim
0
DAYTIME POPULATION
38,553 daytime population
■ Children at home ■ Retired/Disable persons ■ Homemakers ■ Work at Home ■ Employed ■ Unemployed ■ Student Populations
Daytime population is the sum of the following subcategories: retired and disabled people, homemakers and working age people not in the labor
force, unemployed people, employed people, persons working at home (both self-employed and employed by a company), children at home
(typically preschool), and students (Pre -K to 12th and post -secondary, including college and vocational).
Daytime population data provides a more accurate understanding of the distribution of people during the day within the trade area. As well as a
better understanding of the type of persons within the trade area. Some people can be classified as falling within more than one subcategory of
daytime population. For example, people working at home who are disabled. As a result, some people may be counted twice. This double -counting
results in the daytime population being approximately 6% higher.
Prepared for Fountain Hills_AZ by Retail Strategies Data Source: STI: PopStats- U.S. Census Bureau; Bureau of Labor Statistics (BLS); National Center for Education Statistics (a
0
CURRENT YEAR ESTIMATED POPULATION AGE 25+ BY EDUCATIONAL
ATTAINMENT
DOCTORATE DEGREE a 595
PROFESSIONAL SCHOOL 1,386
DEGREE
MASTER'S DEGREE
BACHELOR'S DEGREE
ASSOCIATE DEGREE
SOME COLLEGE, NO DEGREE
HIGH SCHOOL GRADUATE (OR
GED)
SOME HIGH SCHOOL, NO790
DIPLOMA qu
11
LESS THAN 9TH GRADE 170
2,590
4,369
om
3-m
9,651
Prepared for Fountain Hills—AZ by Retail Strategies Data Source: STI: WorkPlace National Center for Education Statistics (NCE
Lifestyle reports allow
BIG DATAto be
summed up into a
simple narrative on
the personality of the
majority of your
households.
Just because a two people fall
within the same group
demographically does not mean
they are identical consumers. It
is for this reason that
demographic information alone
does not provide a complete
picture of your trade area
potential. We must go beyond
the demographics to
understand consumer lifestyles
and spending behavior based
on personality in order to better
align
our retail prospects with the
purchasing patterns of the
consumers in your market. Esri
Tapestry Segmentation is a
geodemographic segmentation
system that integrates
consumer traits with residential
characteristics to identify
markets and classify US
neighborhoods.
Neighborhoods with the most
similar characteristics are
grouped together, while
neighborhoods with divergent
characteristics are separated.
Internally homogenous,
externally heterogeneous
market segments depict
consumers' lifestyles and life
stages. Tapestry Segmentation
combines the "who" of lifestyle
demography with the "where" of
local geography to create a
classification model with 67
Prepared for Fountain Hills—AZ by Retail Strategies
0
distinct, behavioral market
segments. Selection of the
variables used to identify
consumer markets begins with
data that includes household
characteristics such as single
person or family, income,
relationships (married or
multigenerational), and tenure;
personal traits such as age, sex,
education, employment, and
marital status; and housing
characteristics like home value
or rent, type of housing (single
family, apartment, town house,
or mobile home), seasonal
status, and owner costs relative
to income. In essence, any
characteristic that is likely to
differentiate consumer spending
and preferences is assessed for
use in identifying consumer
markets.
TAPESTRY
SEGMENTATIDN
Discover: Tapestry Segmentation
J
51 .. '
k lqS �Ya
.
5
f �4
TAPESTRY"
SEGMENTATION
The Fabric of America's Neighborhoods
c esri
Q
Tapestry includes 67 distinct market segments and 14 summary groups
Tapestry profiles enable the comparison of consumer markets across the country for any
area
TAPESTRY HOUSEHOLD SEGMENTATION AREA PROFILE
5 mile Radius — City Center, Fountain Hills, AZ
Prepared for Fountain Hills—AZ by Retail Strategies
33.4%
17.7% 17.2%
10.3%
Exurbanites Silver & Gold Top Tier 1A Golden
1 E 9A Years 9B
0
7.2%
Midlife
Constants
5E
" Remaining percentage is made up of various household groups not
represented in top five segmentations. Full tapestry profile report has been
provided for further examination.
Source: Esri
0
TAPESTRY HOUSEHOLD SEGMENTATION AREA PROFILE
5 mile Radius — City Center, Fountain Hills, AZ
Prepared for Fountain Hills—AZ by Retail Strategies Source: Esri
A larger market of empty nesters, are married couples with no children.
Exurbanites 33.4%
49.6
$98,000
• Sociable and hardworking, they still find time to stay physically fit.
. Consumers are more interested in quality than cost. They take pride in
their homes and foster a sense of personal style.
• Neighborhoods include seasonal or vacation homes, reflected in the high
vacancy rate of 35%.
Silver & Gold 17.7%
61.8
$63,000
• Primarily retired, but many still active in the labor force.
• These consumers have the free time, stamina, and resources to enjoy a
good life.
• Housing units are owner occupied with the highest home values—and
above average use of mortgages.
• Annually, earn more that three times the US median household income,
Top Tier 17.2%
46.2
$157,000
primarily from wages and salary, but also self employment income and
investments.
• They regularly cook meals at home, attentive to good nutrition and fresh
organic foods.
• These neighborhoods are found in large metropolitan areas, outside
central cities. Scattered across the US.
Golden Years 10.3%
51
$61,000
' Residents are well educated
• These consumers are well connected: Internet access is used for
everything from shopping to paying bills to monitoring investments and
entertainment
• Primarily married couples, with a growing share of singles.
Down the Road 7.2%
45.9
$48,000
Attentive to price, but not at the expense of quality, they prefer to buy
American and natural products.
• Their lifestyle is more country than urban.
Prepared for Fountain Hills—AZ by Retail Strategies Source: Esri
Focus Categories
Utilizing a strategic
approach to determine
where your market can
support sustainable
growth is the key to
focused retail
kN H AU' pproach to retail
recruitment begins by identifying four
focus retail categories. Using a process
that combines: market supply and
demand, peer community comparison,
industry insight, as well as our own
experience and intuition, we are able to
identify the specific categories of retail
where your market is most likely to
support growth. However, it is important to
keep in mind that our outreach on behalf
of your community will never be strictly
limited to retailers within the resulting
categories. Our strategic approach to
identifying your focus categories can be
Stepn�oGaptMalysis ing 3 steps:
Preforming a gap analysis is the first step
because it provides a direct comparison
between annual retail sales and consumer
spending on a categorical level.
Retail Strategies uses STI: Market Outlook
to provide accurate and reliable supply -
demand insight used to identify the
consumer demand gaps in your trade area.
The data for STI: Market Outlook is derived
from annual retail sales and expenditures
from the following three major sources of
information: U.S. Bureau of Labor
Statistics' Consumer Expenditure (CE)
Survey - Demand data is derived from this
source. U.S. Census Bureau's Census of
Retail Trade (CRT) reports - These
annual and monthly reports contribute to
Market Outlook's supply data. U.S.
Census Bureau's Economic Census -
Supply data is also derived from this
source, which provides an even more
detailed view than the CRT reports.
Industries for the consumer expenditures
survey are categorized and defined by the
North American Industry Classification
System (NAICS).
Step 2: Peer Analysis
Identification and comparison of similar
communities to measure your retail base
and identify opportunities from a categorical
perspective is the next step in our process.
Prepared for Fountain Hills—AZ by Retail Strategies
0
Our Peer Analysis begins by running a
demographic profile based on a specified
drive -time from the major retail node in your
market. Then comparing certain variables
i.e. residential population, daytime
population, median household income, and
market supply) to the same drive -time
geography from the major retail node in
other markets within your region of the
country. Taking it a take it a step further we
then assess the retail currently located
within the peer markets with the retail as it
exists in your market today. The last step of
this phase is to preform a void analysis to
identify the specific retailers located within
those markets that are not currently located
91i hin EoWt in I
.3:` lia e Know
Our approach would not be complete without
this last step. This is because if we were to
base our efforts solely on what the data tells
us we would be leaving out the many
variables influencing retailers actual growth
aspirations. Retailer's strategies are
constantly changing and our team is actively
tracking expansions and closures of retailers
on a national, regional and local level. By
monitoring the latest as it relates to these
important industry trends we are able to
combine what the data tells us with real
world insight to focus on expanding concepts
looking for markets just like yours. 0
Total Market SuppI-V
0 $1 to $5MM
❑ 5rtis M to $IDMM
❑ $1.DMM to $5MM
$25MM to $5DMM
$5DMM to $75MM
$75MM to $IDDMM
$1mmm
Total Market Supply
$360,512,407
This represents the amount
captured by businesses
located in the defined trade
area by block group. The
areas with darker green are
capturing more consumer
dollars.
Prepared for Fountain Hills—AZ by Retail Strategies
4 mi
0
Total Consumer Demand
$1 to $5MM
❑ $51VIM to $IDMM
❑ $101VIM to $25MM
$25MM to 510MM
$5DMM to 75MM
$75MM to $1 a )MM
> $1.5{)MM
Total Market Demand
$7317576,222
This represents the amount
spent by consumers located in
the defined trade area by block
group. In the dark green areas
the consumer demand is
higher.
5 mi
PFJ ,
Prepared for Fountain Hills—AZ by Retail Strategies
Opporrunitj yap
0 ._:-$50MM
❑-$50MMto-$25Mh+l
❑-$25MMto-$D
$.D.-DD-$25,000,000.00
$ 5MM to $5DMM
$5{)MM to $I.Df) M
$ I f).D M
Total Market Leakage
$37110635815
This means more people purchase
items outside of the defined
Fountain Hills trade area than in the
Fountain Hills defined trade area for
their consumer goods and services.
Finding the specific categories
where they are leaving the market is
the key.
0
Prepared for Fountain Hills—AZ by Retail Strategies
0
CUSTOMIZED RETAIL CATEGORY GAP ANALYSIS
General Merchandise Stores $52,530,430
Food and Beverage Stores
Health & Personal Care Stores
Clothing & Clothing Accessories Stores
Foodservice and Drinking Places
Automotive Parts, Accessories, & Tire Stores
$20,761,166
$17,391,233
$12,768,135
$8,142,465
Sporting Goods, Hobby, Book, Music Stores - $6,873,354
Electronics & Appliance Stores _ $4,666,209
Furniture and Home Furnishings Stores = $3,560,928
$42,839,323
Prepared for Fountain Hills AZ by Retail Strategies Data Source: STI: Market Outlook
0
TRADE AREA COMPARISON REPORT
Target 5 Min Drive Time
Green Valley
AZ 29,359
30,342
$48,824
$324,413,246
31.6%
Sahuarita
AZ 28,187
32,356
$49,832
$355,443,597
24.7%
Felton
CA 27,076
29,309
$90,963
$505,371,538
10.0%
Prepared for Fountain Hills—AZ by Retail Strategies
m
PEER ANALYSIS BY RETAIL CATEGORY
R'
C.
4 4
3 = 3 = 3
9
0
14
2
1 1 1 1
. 0 ■ 0 ■ 0 ■
Coffee, Juice & Computer & General Grocery & Hardware & Hobbies & Limited Service Quick Service Sports &
Smoothie Electronics Merchandise Supermarket Garden Crafts Restaurants Restaurants Recreation
■ Fountain Hills ■ Peer Average
Prepared for Fountain Hills—AZ by Retail Strategies ®1
Real Estate/Market SWOT Summary
STRENGTHS
• Highly Affluent Clientele
• 45% of population with
Bachelors Degree or higher
• Avg HH Income: $103,336
• Ave Disposable: $78,656
OPPORTUNITIES
• Significant Retail
Leakage
• Plot 208 — Repurpose
• Park Place...
WEAKNESSES
-High % of non primary residences
(seasonality)
-Very few peer markets
-Functional Obsolescence Retail
Product
-Retail Trade Bifurcation
Mography
THREATS
• Consolidation of national
retailers with other locations at
Shea & 101 and/or Frank Lloyd
Wright Blvd as leases expire
• Over -levered property owners
• Anticioated risina interest rates
Real Estate Analysis
Ground
Purpose
To identify and record
the primary real estate
opportunities within
the market.
This analysis is performed by
licensed real estate professionals
with more than 15 years of
experience with development,
leasing, and redevelopment.
Information Collected
Address
Property Description
Coordinates
Listing Agent (if possible)
Contact Info for Agent or Owner
Web Address for Agent or Owner
Link to Property Info on Agent or
Owner's Website
Google Earth Link to Aerial Photo
Google Earth Link to Ground
Photo
Total Size of Center (if existing)
Prepared for Fountain Hills—AZ by Retail Strategies
Available Space in Center
Parcel Size (if vacant land)
Existing Tenants (if existing)
Traffic Count at Property
Summary of Recruitment
Opportunities Specific to
Property
Specific Prospects for Property
Overall Strategy for Property
General Comments
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Prepared for Fountain Hills—AZ by Retail Strategies
Real Estate Analysis: Focus Zones
000
Zone 1 &2: Mostly New Development Opportunities
Zone 3&4: New Infill Opportunities /Asset Management '
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Prepared for Fountain Hills—AZ by Retail Strategies
Shopping Center/
Intersection
Former Walgreens
Addr
16749 E Shea Blvd
LropertQype
M..
Strip Center
Vacant Land
16755 E Shea Blvd
Vacant Land
Former KFC A&W
16805 E Shea Blvd
Freestanding
Four Peaks Plaza
16825 E Shea Blvd
Power Center
Enterprise Strip Center
11829 N Saguaro Blvd
Strip Center
Dominion Plaza
11731-11803 N Saguaro Blvd
Strip Center
Vacant Land
11645 N Saguaro Blvd
Strip Center
Mattress Firm Building
16925 N Saguaro Blvd
Strip Center
Vacant Land
11616-11638 Desert Vista
Vacant Land
Vacant Land
9637 N Saguaro Blvd
Vacant Land
Plaza Fountainside Pad
12605 N Saguaro Blvd
Padsite
Plaza Fountainside
12627-12641 N Saguaro Blvd
Strip Center
Redrock Building Center
17100 E Shea Blvd
Strip Center
Park Place
12800-12898 N Verde River Dr
New Development
17225 E Shea Blvd
Strip Center
Fountain View Place
13014 N Saguaro Blvd
Strip Center
Vacant Land
16468 E Ave of the Fountains
Vacant Land
Former Arbys
17224 E Shea Blvd
Freestanding
Fountain Hills Plaza
13112-13150 N La Montana Dr
Grocery Anchored
Sears Strip Center
13212 N Saguaro Blvd
Strip Center
Fountain View Village
13525 N Fountain Hills Blvd
Strip Center
Vacant Land
13545 N Fountain Hills Blvd
Vacant Land
Palisades Center
16730 E Palisades Blvd
Strip Center
Palisades Plaza (none
shown)
16650 E Palisades Blvd
Strip Center
Red Rock Plaza
16425 E Palisades Blvd
Strip Center
Safeway Center
13733 Fountain Hills Blvd
Grocery Anchored
Eagle Mtn Village
14845 E Shea Blvd
Strip Center
Prepared for Fountain Hills—AZ by Retail Strategies
25+ Retail Real Estate Opportunities
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Retail Strategies has cataloged many different retail real estate opportunities
within the city limits of Fountain Hills. Each opportunity has been mapped as
well as categorized for quick reference with other key information (i.e. co-
tenancy, available space, asking rates, etc.). Building relationships with the
land owners, property managers, and commercial brokers will allow this list
to be constantly updated to ensure the most accurate and relevant
information is available for retailers and developers that are looking for
opportunities in Fountain Hills.
a
Retail Prospects
Time to source and open a retailer in a new market takes
approximately 18 to 36 months or more, which is one reason we
seek at least a three year contract with our clients. Ultimately, we
cannot determine where a retailer will locate. Our goal is to market
sites and opportunities they may have never heard of or considered
in the past. We're a matchmaker of opportunity in the industry. If
they determine a market is not in their strategic plan currently, our
mission will be to supply them with research and marketing
materials that will entice them to keep the community in mind as
they expand and grow.
Tiffany Kilpatrick, Retail Strategies Portfolio
Director
Formerly with Hibbett Sports, Opened 130 Locations
Prepared for Fountain Hills—AZ by Retail Strategies
Restaurants
General
Merchandise
Automotive
Apparel & Shoe
*** For the purpose of this study Focus Categories identify where the market can support the most significant growth with market
conditions as they exist today. However, Retail Strategies recruitment efforts will in no way be solely limited to retailers that fall within the
top four categories.
Prepared for Fountain Hills—AZ by Retail Strategies
Restaurants
1,200 - 7,000 sq. ft.
(per)
20+ Prospects
Fast Casual and Fast Food Restaurants account for the
majority of the Restaurant sector.
This growth is due to value and convenience. The ability to
control the time and quality at a value has changed the way
we eat out. In tandem Limited Service Eating Restaurants
provide lower -to -moderate price points and there is typically
no tip involved. Approximately 40% of all expansion among
publically traded retail and restaurant companies will be in
this category. You will see a great deal of Retail Strategies
efforts reflect this with a heavy focus on this category.
Prepared for Fountain Hills—AZ by Retail Strategies
Automotive
25000 - 20,000 sq. ft.
13+ Prospects iia
Stable sector that typically takes 1-2 acres lots and is
proven to sustain regardless of the economy.
Automotive is a category that does well in any economy and especially during
a downturn. The automotive industry tends to thrive in metropolitan areas
due to the heavy dependence on automotive as the primary form of
transportation. The longer commutes and dependence on vehicles for
families, farms, and professional needs put wear and tear on the vehicle that
drive up sales in the automotive category for parts and oil changes. During
strong economic times, people replace their vehicles. During a downturn in
the economy, people repair their vehicles. Both economies support
automotive.
There is a strong expansion plan among the concepts within automotive and
they don't mind locating in very close proximity to each other. They typically
will want about 1 acre of land for a BTS, build to suit, opportunity. They
pFr�p?diWobPin'HQ Is� yl�e�a itq reqs with convenient access, good visibility and
General Merchandise
8,000 - 125,000 sq. ft.
6+ Prospects I!R
Variety oriented stores are a great option to
revitalize second or third generation space.
The retailers under the General Merchandise category are
generally classified as Discount Stores and Specialty Stores.
Value and convenience are driving retail trends today. A variety of
general merchandise stores are looking for vacant space existing
in a shopping center where they can have low rent and revitalize a
shopping center. Although value stores do not always top the list
in what a community desires, they still generate a healthy amount
of sales tax and jobs. In addition, they reduce vacancy creating
synergy that sparks additional retail and restaurant expansion.
Prepared for Fountain Hills—AZ by Retail Strategies
Apparel/Shoe Stores
1,200 - 25,000 sq. ft.
5+ Prospects
Apparel stores like to cluster and create cross
shopping with strong co -tenants.
Apparel is a category that shows evidence of bifurcation.
The luxury brands are thriving and the value brands are
thriving. The apparel stores that offer an average product at
an average price are shrinking. During the recession,
consumers learned they can receive a quality product at a
discounted price. Post -recession consumer confidence is at
a 7 year high. Consumers are saving their disposable
income for luxury items and purchasing the rest of the their
products at a discount. Apparel is a popular category for on-
line shopping which has been a challenge for brick -and -
mortar expansion. Customer service and customization are
more important than ever.
Prepared for Fountain Hills—AZ by Retail Strategies
ROI — Investing in Retail
$40
300
$800k
x w,
JOBS
2% ANNUAL TAX BASE
$20
50
$400k
I W19103
JOBS
2% ANNUAL TAX BASE
$10
30
$200k
JOBS
2% ANNUAL TAX BASE
$5
22
$100k
LIME f
JOBS
2% ANNUAL TAX BASE
$1
15
$20k
JOBS
2% ANNUAL TAX BASE
Success breeds success. Retail builds on retail. Retail economic impact adds up
quickly. Retail attracts the workforce that attracts the primary jobs. Retail influences
executives looking to locate their company in your community. Retail enhances quality of
life that brings your children home. Retail builds tax base. Retail adds jobs from entry
level to managerial. Retail builds communities.
44
Outreach
Retail is a dynamic industry that is
constantly changing...
Retail decision makers may be in-house corporate real estate staff,
local, regional, or national tenant representative brokers, preferred
developers, consultants, etc. Retail Strategies maintains a database
of nearly 10,000 unique industry contacts that is being constantly
updated as these players change. As a result, your retail recruitment
team can easily identify the appropriate decision makers and
present sites in Fountain Hills quickly in order to determine level of
interest and begin work to address any potential barriers to market
entry.
Retail Strategies' database not only contains WHO makes the retail
development decisions for Fountain Hills but also WHAT each
retailer requires from a market ( i.e. demographics, psychographics,
trade area parameters) and real estate perspective ( i.e. size, co-
tenancy, access, visibility). Each individual retailer has their own
unique needs that must be met before taking a new store location to
their real estate committee. By having this information available we
are able to prepare custom site specific packages of information to
illustrate that Fountain Hills has the trade area and real estate to
support a successful location.
Prepared for Fountain Hills—AZ by Retail Strategies
91703
retailers' contact
information & site
selection criteria
Retail Recruitment: Conference Representation
Shopping Centers (ICSC) and Retail
Live are the leading global trade
associations for the retail industry.
ICSC and Retail Live help the public
and private sectors understand the
industry through educational
programs, publications, certif
programs, and (most popular)
Making Conventions. Each year then
two organizations put on ov,
conferences for real estate
professionals to connect to discuss
deals. Fountain Hills will be invited
to all networking events and will
have access to a table at our booth.
environment Tor Cleats to nzq
team will be contacting thos
necessary to get deals done:
Local property owners
Brokers
Developers
Investors
Directors of real estate
Franchisees
Local business owners
��F
Town Contact Information
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Major Employers
Company dame
Fm.IMan l9ery V SC
D—. C ezcIDp, LLC.
Ru -I Meta Ltfr.Paabm
Target hues Inc
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B -bee Inc
Town Information
Focus Properties
Retail Strategies has a catalogue of retail
cartlr[feloFal teal estate properties in the rrarloeL[/r
For nwre infonr415on.. please contact the Forlildic
Ihre:'t andyor Retail Deu�elopment Diwbr fisted
On the front d this guide.
Town Awards
Employees
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116
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Daytime Population 23,276 ,r• �.a_ a
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26,918 50.0 $78,094 7.56% 12,050 $111,353
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Prepared for Fountain Hills—AZ by Retail Strategies
FOUNTAIN HILLS, ARIZONA
Market Guide
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Ma.M_
QEMOORAPHE PROHIE 3Mila Radice Steib Reda- 10161.R-6-
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26,277
32,66.!
142.916
Daytlme PapuleEm
23,164
26,697
172.962
Median HH 1—
$76,392
866.036
566.096
Numb -d A...h bs
11,944
14,271
61.621
5 Mie -b 03
10 A.A. Or
15 Minde or
2017 Ea11msledP4pAalm
13,774
26,916
49,324
nsomepapalehm
12,779
23,2%
47,947 V
Median HH 1—
$56,894
578494
568.246
NLmbsrd Hauml Ats
6,669
12,060
^I
21,771
I x6.aweea2 wry sn4sonexn ere•
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Discover Connect
10
Focus
a
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Prepared for Fountain Hills—AZ by Retail Strategies
Implement
Contact developers,
_retailers, tenant
' representatives and
r franchisee groups both
regionally and nationally
Make direct and indirect
connections through
conference
representation, in person
meetings, phone calls
and emails
Coordinate and
communicate our efforts
with local brokers,
property owners and city
staff on anon going
basis
Follow industry trends as ='••'=
well as changes in your • •
local market toNo •;
continuously adjust our •• •
strategy and improve
our efforts to maximize
the retail potential in your
community
Thank you!
There's a Ior ofpotential here,
C►,', retail strategies
120 18th Street South, Suite 120, Birmingham, AL 35233 205.314.0386 retailstrategies.com
(f4OW)
,retai
strateg es
Fountain Hills, AZ
Retail Recruitment Plan There's a lot of potential here.
1 Goal 130 4:1 44 20 34
Create Success States Our Team has Licensed Retail Real Estate
for Our Clients Communities Served Client to Staff Ratio Located Retailers Team Members
Professionals
Prepared for Fountain Hills—AZ by Retail Strategies
f ountainhills! DEVEi-OPME N T
ECONGMIC
retail strategies
(f4ci)
Prepared for Fountain Hills—AZ by Retail Strategies
Scott Cooper
Economic Development Director
Ashton Antonetti
Portfolio Director
Bear Burnett
Retail Development
Director
Joe Fackel
Executive Vice
President
Executive
Team
Marketing
& Research
Accounting
Prepared for Fountain Hills—AZ by Retail Strategies
Market analysis- Data, Data, Data
We start where the retailers and landlords start. A retail site will only be
chosen if it meets all of a retailers' key criteria. This criteria is two fold:
market criteria and site criteria. Each retailer has its own formula for
determining what market characteristics are needed to allow for a
profitable store. Which is why this first step is central to formulating an
effective retail recruitment strategy. Through our comprehensive market
analysis process we have evaluated consumer spending patterns, peer
communities, local commercial real estate asset, as well as the
demographic and psychographic make-up of your unique consumer
trade area. Our partnerships with pioneering data organizations allow us
to provide the deepest, most accurate, insight into your community and
its consumers to retailers and landlords across the country.
Strategic Planning — The Playbook
Every community offers unique assets and challenges to retailers and
developers. Taking the market analysis a step further we have sent a
experienced retail real estate team to Fountain Hills to view the market
first hand as a retail site selector would (Boots on the Ground). Then
through connecting with local city leadership and key stakeholders in
Fountain Hills's commercial real estate sector we gain the insight and
feedback necessary to access the markets strengths and weaknesses.
Many times what the data shows is incomplete. Other critical factors such
as co -tenancy, sight lines, access and most notable success of existing
retail are taken in to account in creating your strategic retail recruitment
plan.
Retail Recruitment- Connecting The Dots
This is where the real heavy lifting begins as we put the data and
underutilized real estate assets to work by connecting them with targeted
businesses. Retail recruitment is a complex business and involves
multiple parties. Our team has National connections that we will put to
work on your behalf. We currently know who to contact, their expansion
plans, and their site criteria for over 9000 retailers nationwide.
Timep ResourcesoExperiencelWonnections
Prepared for Fountain Hills—AZ by Retail Strategies
Your Research
Memberships,
Subscriptions &
Customized Reports
Crittenden Research
17L.T
RETAIL LEASE TRA C
alesgenie
Plein i , hell
UberRetail
Prepared for Fountain Hills—AZ by Retail Strategies
Research Partners &
Geographic Information
Systems
TETRAD i
Sitewise
STDB
REGS
where does all this information come from?
here are the demographic data sources used
10
IUNMED STaTES
POSTAL SERVICE
°V LA[30
AGS
APPLIED GEOGRAPHIC SO L IJ r IONS
Una
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BUREAU OF ECONOMIC ANALYSIS
*ies i
NATIONAL CENTER roa
EDUCATION STATISTICS
Federal F,1v ad Imletafi— IF Wwae� —C
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SYNERGOS
�
AggData
United States"
Census
Bureau
Centers for Disease
Control and Prevention
National Center for
Health Statistics
MPEDS
Inmgramd Postsecondary Edecaum Data System
Prepared for Fountain Hills—AZ by Retail Strategies U
0
DATA & ANALYTICS
Through our partnership you have access to 87 category specific reports containing over 3,000 unique variables. During the initial Discovery Phase
Retail Strategies analyzed these variables from 7 different geographies, the results of which have been summarized in the following pages of this
report. However, this information is not strictly limited to the retail industry. The research can be adjusted to assist local leadership and city staff with
internal and external efforts related to growing and improving all facets of the community. We also realize the goal of our partnership is not only to
bring new retail to your community but also to support the existing local business owners. Our data can be run on demand from any site in the market
and refined to provide insight into spending patterns, lifestyles, and preferences of the consumers in Fountain Hills. This is a valuable tool when
considering weather to grow or expand an existing business, or even in exploring what merchandise mix local shoppers will find the most appealing.
40M
category specific reports
7
different geographies
defined per each variable
Prepared for Fountain Hills—AZ by Retail Strategies
31365
unique variables
23,555
variables to analyze
State of Arizona
Population 6.9 Million
Phoenix -Mesa -Scottsdale, AZ OBSA
Population 4,681,190
Fountain Hills, AZ
Population 24,278
Prepared for Fountain Hills—AZ by Retail Strategies
Founiain Hills
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Prepared for Fountain Hills—AZ by Retail Strategies
Drive -Time & Radius
Traditionally when retailers and developers first
look at a market for the purpose of evaluating
demographic information relevant to market
potential they begin with radius rings. This
approach can work for a quick simple analysis but
fails to take into account the unique aspects
necessary for an accurate and complete
assessment.
By assessing demographic make-up based on
drive -time geographies we are able to overcome
some of the short falls related to the radius ring
method. Using distances along actual streets and
highways provides a more narrowly focused way to
look at a trade area. This perspective takes in to
account natural boundaries (mountains, rivers,
lakes, etc.) as well as man-made factors (bridges,
railroad tracks, interstate networks, etc.) that
traditionally affect consumers shopping patterns.
Neither the drive -time nor the radius ring methods
are able to take into account certain factors
necessary to fully assess a retail trade area. In the
next section you will see how we have taken this
process a step further by using real consumer data
to identify where consumers are actually coming
from to shop in your market. By combining mobile
tracking data with an assessment of other factors
unique to your community we are able to define a
custom trade area that goes beyond these
predefined boundary methods.
Category
3 -Mile
5 -Mile
10 -Mile
5 -Minute
10 -Minute
15 -Minute
Radius
Radius
Radius
Drive Time
Drive Time
Drive Time
Current Year
Estimated
25,137
32,049
134,980
12,454
24,863
42,026
Population
Number of
Households
11,405
14,063
58,685
6,027
11,312
18,627
Projected Annual
7.60%
7.24%
8.52%
8.11%
7.53%
7.13%
Growth (5 YR)
Median HH Income
$73,919
$85,355
$86,290
$65,716
$74,413
$79,616
2017
Current Year
50.3
49.3
45
50.8
50.3
47.8
Average Age
Average Home
$707,691
$793,668
$821,677
$584,601
$716,682
$805,344
Value
Current Year %
42%
45%
49%
40%
43%
47%
Bachelor's Degree
Daytime Population
21,849
27,704
156,772
11,731
21,279
41,624
Labor Force
11,805
15,677
67,779
5,882
11,680
21,109
The variables on the chart above are all important variables considered by retail site selectors
Prepared for Fountain Hills -AZ by Retail Strategies * Demographics pulled from city centeras identified by internal GIS / Data Source: STI PopStats
Mobile Data Collection
Our mobile tracking study uses data collected from mobile phone users who
have agreed within their apps and phone settings to enable location information.
By drawing a polygon around a retailer, we are able to gather data about the
home and work location of customers who have actively used their mobile
device while in the defined area. For this study, we have used mobile GPS
tracking data to examine Fountain Hills' core consumer trade area using the
Safeway, Target and Tractor Supply Co. stores located in Fountain Hills, AZ. The
chosen retailers are large traffic generators that might attract different
consumer groups drawn to different categories and levels of retail. The results
of this study are
Locations Tracked:
Safeway
Target
Tractor Supply Co.
0
displayed in a color -coded distribution map that indicates the percent of visitors
who have travelled to the study area from each square -mile block in a map grid.
Once we draw a polygon around a study area, we then specify a time frame in
which to measure customer location patterns. The resulting data is gathered
from shoppers who visited the defined location during the designated time
period. When assessing the results of a mobile study, we must keep in mind
that the number of visitors that are tracked is a very small percentage of the
overall population who have visited the study area. These data give us accurate
insights to the distribution of visitors, but not the overall quantity of visitors.
Time Period
% Distribution
0.01% to 0.25%
Tracked:
0.25% to 05%
Augustl, 2016 —
0.5% to 1%
August 1, 2017
0.75% to 1%
M > 1%
4 i s
_. e � r M •."11
r -
Safeway Target Tractor Supply Co.
13733 Fountain Hills Blvd 16825 E Shea Blvd 17130 East Shea Blvd
Prepared for Fountain Hills—AZ by Retail Strategies
Primary Trade Area
Each retailer has a specific formula of market
criteria they use to determine if they will have a
profitable store. Understanding your trade area is
extremely important because it sets the parameters
for measuring demographic criteria and spending
potential sought by retailers and developers.
Municipal boundaries, radius rings and drive times
are a start to evaluating this information. However,
these predefined boundaries are unable to take
into account the unique aspects affecting the
actual consumer pulling power and local
geography of your community. For these reasons a
customized trade area is the next step to analyzing
a market.
A trade area is the geographic area from which a
community generates the majority of its customers.
A community can have more than one trade area.
We define your primary trade area the core base of
consumers highly likely to shop and eat in the
market at least once a month. Your primary trade
area has been created by combining the results
from the mobile tracking data with other factors
such as: current retail mix in your community,
traffic patterns, destination attractions and
proximity to competing markets.
The time and distance consumers are willing to
travel to shop is not "one size fits all". Therefore
retailers will analyze their own trade areas
differently taking in to account things like existing
store locations, competition within their retail
category, and convenience.
E
en,..•w.ir..
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Retail Strategies has created the customized trade area shown in the map above and outlined in red which is
focused on a consumer who might travel for their primary shopping destination.
Prepared for Fountain Hills—AZ by Retail Strategies m
42, 092
projected 2022 population
39,991
2017 Estimated Population
Custom Trade Area
1
male average age
•
50
female average age
0
7.8%
projected growth rate
2017-2022
Prepared for Fountain Hills—AZ by Retail Strategies Data Source: STI:PopStats
CURRENT YEAR ESTIMATED POPULATION BY RACE
Race
■ Asian
■ African American
■ Latino
IIS White
• Other
Prepared for Fountain Hills—AZ by Retail Strategies Data Source: STI: PopStats: U.S. Census; ACS; NCES (public and private records); FFIEC m
a
C
median , IUUJCI iu,u i, uu,, is
CURRENT YEAR ESTIMATED HOUSEHOLDS BY HOUSEHOLD SIZE
8,655
23%-
1 - perso n
3%-
1 -person
household
—50%-
2 -person 50%-
2 -person
household
0
21,613
number of households
2,149
- � 1,778
611 178 96
—12% 10% 4% 1% 1%
3 -person 4 -person 5 -person 6 -person 7 or more
household household household household person
household
Prepared for Fountain Hills—AZ by Retail Strategies Data Source: STI: PopStats — U.S. Census; U.S. Postal Service m
4
0
CURRENT YEAR ESTIMATED HOUSING UNITS BY TENTURE
17,452
U14,2_661
Vacant Housing Occupied Housing Owner -Occupied
Units Units
Prepared for Fountain Hills—AZ by Retail Strategies
$832,658
average housing unit value
■ Vacant Housing Units
■ Occupied Housing Units
Owner -Occupied
■ Renter -Occupied
Renter -Occupied
Data Source: STI: PopStats - U.S. Census; U.S. Postal Service; FFIEC, Yardi Matrix m
DAYTIME POPULATION
38,553 daytime population
■ Children at home ■ Retired/Disable persons ■ Homemakers ■ Work at Home ■ Employed ■ Unemployed ■ Student Populations
Daytime population is the sum of the following subcategories: retired and disabled people, homemakers and working age people not in the labor force,
unemployed people, employed people, persons working at home (both self-employed and employed by a company), children at home (typically
preschool), and students (Pre -K to 12th and post -secondary, including college and vocational).
Daytime population data provides a more accurate understanding of the distribution of people during the day within the trade area. As well as a better
understanding of the type of persons within the trade area. Some people can be classified as falling within more than one subcategory of daytime
population. For example, people working at home who are disabled. As a result, some people may be counted twice. This double -counting results in the
daytime population being approximately 6% higher.
Prepared for Fountain Hills—AZ by Retail Strategies Data Source: STI: PopStats- U.S. Census Bureau; Bureau of Labor Statistics (BLS); National Centerfor Education Statistics (NCES) M
0
CURRENT YEAR ESTIMATED POPULATION AGE 25+ BY EDUCATIONAL
ATTAINMENT
DOCTORATE DEGREE ■ 595
PROFESSIONAL SCHOOL DEGREE
MASTER'S DEGREE
BACHELOR'S DEGREE
ASSOCIATE DEGREE
SOME COLLEGE, NO DEGREE
HIGH SCHOOL GRADUATE (OR GED)
SOME HIGH SCHOOL, NO DIPLOMA m 790
LESS THAN 9TH GRADE 1 170
1,386
2,590
4,369
o•
• �E.
9,651
Prepared for Fountain Hills—AZ by Retail Strategies Data Source: STI: WorkPlace National Center for Education Statistics (NCES) m
Lifestyle reports allow
BIG DATA to be
summed up into a
simple narrative on the
personality of the
majority of your
households.
Just because a two people fall
within the same group
demographically does not mean
they are identical consumers. It is
for this reason that demographic
information alone does not
provide a complete picture of your
trade area potential. We must go
beyond the demographics to
understand consumer lifestyles
and spending behavior based on
personality in order to better align
Prepared for Fountain Hills—AZ by Retail Strategies
our retail prospects with the
purchasing patterns of the
consumers in your market. Esri
Tapestry Segmentation is a
geodemographic segmentation
system that integrates consumer
traits with residential
characteristics to identify markets
and classify US neighborhoods.
Neighborhoods with the most
similar characteristics are
grouped together, while
neighborhoods with divergent
characteristics are separated.
Internally homogenous, externally
heterogeneous market segments
depict consumers' lifestyles and
life stages. Tapestry Segmentation
combines the "who" of lifestyle
demography with the "where" of
local geography to create a
classification model with 67
0
distinct, behavioral market
segments. Selection of the
variables used to identify
consumer markets begins with
data that includes household
characteristics such as single
person or family, income,
relationships (married or
multigenerational), and tenure;
personal traits such as age, sex,
education, employment, and
marital status; and housing
characteristics like home value or
rent, type of housing (single
family, apartment, town house, or
mobile home), seasonal status,
and owner costs relative to
income. In essence, any
characteristic that is likely to
differentiate consumer spending
and preferences is assessed for
use in identifying consumer
markets.
Discover: Tapestry Segmentation if
y t 7
FJ. -Y -
IS
u
TAPESTRY"
SEGMENTATION
The Fabric of America's Neighborhoods
esri
Q
Tapestry includes 67 distinct market segments and 14 summary groups
Tapestry profiles enable the comparison of consumer markets across the country for any area
1 5 ` 4 i f'i
TAPESTRY HOUSEHOLD SEGMENTATION AREA PROFILE
5 mile Radius — City Center, Fountain Hills, AZ
Prepared for Fountain Hills—AZ by Retail Strategies
33.4%
1
17.7%
17.2%
10.3%
D
7.2%
Exurbanites Silver & Gold Top Tier 1A Golden Years Midlife
1E 9A 9B Constants 5E
* Remaining percentage is made up of various household groups not
represented in top five segmentations. Full tapestry profile report has been
provided for further examination.
Source: Esri
0
TAPESTRY HOUSEHOLD SEGMENTATION AREA PROFILE
5 mile Radius — City Center, Fountain Hills, AZ
• A larger market of empty nesters, are married couples with no children.
Exurbanites 33.4% Sociable and hardworking, they still find time to stay physically fit.
49.6 $98,000 Consumers are more interested in quality than cost. They take pride in their
homes and foster a sense of personal style.
• Neighborhoods include seasonal or vacation homes, reflected in the high
vacancy rate of 35%.
Silver & Gold 17.7% 61.8 $63,000 Primarily retired, but many still active in the labor force.
• These consumers have the free time, stamina, and resources to enjoy a
good life.
• Housing units are owner occupied with the highest home values—and above
average use of mortgages.
• Annually, earn more that three times the US median household income,
Top Tier 17.2% 46.2 $157,000 primarily from wages and salary, but also self employment income and
investments.
• They regularly cook meals at home, attentive to good nutrition and fresh
organic foods.
• These neighborhoods are found in large metropolitan areas, outside central
cities. Scattered across the US.
Golden Years 10.3% 51 $61,000 • Residents are well educated
• These consumers are well connected: Internet access is used for everything
from shopping to paying bills to monitoring investments and entertainment
• Primarily married couples, with a growing share of singles.
Down the Road 7.2% 45.9 $48,000 • Attentive to price, but not at the expense of quality, they prefer to buy
American and natural products.
• Their lifestyle is more country than urban.
Prepared for Fountain Hills—AZ by Retail Strategies Source: Esri 0
Focus Categories
Utilizing a strategic
approach to determine
where your market can
support sustainable
growth is the key to
focused retail recruitment
Retail Strategies' approach to retail
recruitment begins by identifying four focus
retail categories. Using a process that
combines: market supply and demand, peer
community comparison, industry insight, as
well as our own experience and intuition, we
are able to identify the specific categories of
retail where your market is most likely to
support growth. However, it is important to
keep in mind that our outreach on behalf of
your community will never be strictly limited
to retailers within the resulting categories.
Our strategic approach to identifying your
focus categories can be broken down into
the following 3 steps:
Step 1: Gap Analysis
Preforming a gap analysis is the first step
because it provides a direct comparison
between annual retail sales and consumer
spending on a categorical level.
Retail Strategies uses STI: Market Outlook to
provide accurate and reliable supply -demand
insight used to identify the consumer demand
gaps in your trade area. The data for STI:
Market Outlook is derived from annual retail
sales and expenditures from the following
three major sources of information: U.S.
Bureau of Labor Statistics' Consumer
Expenditure (CE) Survey - Demand data is
derived from this source. U.S. Census
Bureau's Census of Retail Trade (CRT)
reports - These annual and monthly reports
contribute to Market Outlook's supply data.
U.S. Census Bureau's Economic Census -
Supply data is also derived from this source,
which provides an even more detailed view
than the CRT reports. Industries for the
consumer expenditures survey are
categorized and defined by the North
American Industry Classification System
(NAICS).
Step 2: Peer Analysis
Identification and comparison of similar
communities to measure your retail base and
identify opportunities from a categorical
perspective is the next step in our process.
Prepared for Fountain Hills—AZ by Retail Strategies
0
Our Peer Analysis begins by running a
demographic profile based on a specified
drive -time from the major retail node in your
market. Then comparing certain variables( i.e.
residential population, daytime population,
median household income, and market
supply) to the same drive -time geography
from the major retail node in other markets
within your region of the country. Taking it a
take it a step further we then assess the retail
currently located within the peer markets with
the retail as it exists in your market today. The
last step of this phase is to preform a void
analysis to identify the specific retailers located
within those markets that are not currently
located within Fountain Hills.
Step 3: What We Know
Our approach would not be complete without
this last step. This is because if we were to
base our efforts solely on what the data tells us
we would be leaving out the many variables
influencing retailers actual growth aspirations.
Retailer's strategies are constantly changing
and our team is actively tracking expansions
and closures of retailers on a national, regional
and local level. By monitoring the latest as it
relates to these important industry trends we
are able to combine what the data tells us with
real world insight to focus on expanding
concepts looking for markets just like yours.
Total Market Supply
0 1 to 5MM
❑ 5 M M to $1M hal
❑ $1DrV M to $25MM
$5.DMM to $75MM
$75h,r M to $IDDMM
$1{D-OMM
Total Market Supply
$360,512,407
This represents the amount
captured by businesses located
in the defined trade area by
block group. The areas with
darker green are capturing
more consumer dollars.
Prepared for Fountain Hills—AZ by Retail Strategies
0
4 mi
0
Total Consumer Demand
0 $1 to $5MM
❑ $5MM to $1EIMM
❑ $1flMM to 25MM
0 $25MM to $5DMM
0 $5i]MM to $75MM
0 $75MM to $1D{)MM
0 > $1flDMM
Total Market Demand
$73175767222
This represents the amount
spent by consumers located in
the defined trade area by block
group. In the dark green areas
the consumer demand is higher.
5 mi
Prepared for Fountain Hills—AZ by Retail Strategies
Opportuniby Gap
0 < -$50MM
❑ -$ 5i 1 M hal to -$25MM
❑ -$25MM to -$0
$ID.-7D-$25,-DD-D, DO.GO
$25MM to ,$5DMM
$5MYN to If)-DMM
$1-DIDMM
Total Market Leakage
$3711063,815
This means more people purchase
items outside of the defined Fountain
Hills trade area than in the Fountain
Hills defined trade area for their
consumer goods and services.
Finding the specific categories where
they are leaving the market is the key.
Prepared for Fountain Hills—AZ by Retail Strategies
0
5 mi
10
CUSTOMIZED RETAIL CATEGORY GAP ANALYSIS
General Merchandise Stores
Food and Beverage Stores
Health & Personal Care Stores
Clothing & Clothing Accessories Stores
Foodservice and Drinking Places
Automotive Parts, Accessories, & Tire Stores
Sporting Goods, Hobby, Book, Music Stores
$20,761,166
$17,391,233
$12,768,135
$8,142,465
$6,873,354
Electronics & Appliance Stores _ $4,666,209
Furniture and Home Furnishings Stores = $3,560,928
$42,839,323
0
$52,530,430
Prepared for Fountain Hills—AZ by Retail Strategies Data Source: STI: Market Outlook M
0
TRADE AREA COMPARISON REPORT
Target 5 Min Drive Time
Green Valley
AZ 29,359
30,342
$48,824
$324,413,246 31.6%
Sahuarita
AZ 28,187
32,356
$49,832
$355,443,597 24.7%
Felton
CA 27,076
29,309
$90,963
$505,371,538 10.0%
Prepared for Fountain Hills—AZ by Retail Strategies
f
3
3
n
PEER ANALYSIS BY RETAIL CATEGORY
6 5
3
2
1 1 1
. 0 ■ 0 ■
Coffee, Juice & Computer & General Grocery & Hardware & Hobbies & Limited Service
Smoothie Electronics Merchandise Supermarket Garden Crafts Restaurants
■ Fountain Hills ■ Peer Average
Prepared for Fountain Hills—AZ by Retail Strategies
14
A
IN
0.
Quick Service
Sports &
Restaurants
Recreation
Real Estate/Market SWOT Summary
STRENGTHS
• Highly Affluent Clientele
• 45% of population with
Bachelors Degree or higher
• Avg HH Income: $103,336
• Ave Disposable: $78,656
OPPORTUNITIES
• Significant Retail
Leakage
• Plot 208 — Repurpose
• Park Place...
WEAKNESSES
•High % of non primary residences
(seasonality)
•Very few peer markets
•Functional Obsolescence Retail
Product
•Retail Trade Bifurcation
•Topography
T H R EATS
• Consolidation of national retailers
with other locations at Shea & 101
and/or Frank Lloyd Wright Blvd as
leases expire
• Over -levered property owners
• Anticipated rising interest rates
-ale M
Real Estate Analysis
Purpose
To identify and record
the primary real estate
opportunities within
the market.
This analysis is performed by
licensed real estate professionals
with more than 15 years of
experience with development,
leasing, and redevelopment.
Prepared for Fountain Hills—AZ by Retail Strategies
Information Collected
Address
Property Description
Coordinates
Listing Agent (if possible)
Contact Info for Agent or Owner
Web Address for Agent or Owner
Link to Property Info on Agent or
Owner's Website
Google Earth Link to Aerial Photo
Google Earth Link to Ground Photo
Total Size of Center (if existing)
Available Space in Center
Parcel Size (if vacant land)
Existing Tenants (if existing)
Traffic Count at Property
Summary of Recruitment
Opportunities Specific to Property
Specific Prospects for Property
Overall Strategy for Property
General Comments
Real Estate Analysis: Retail Focus Zones
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Real Estate Analysis:
I m 4
Focus Zones
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37
Shopping Center/
Intersection
Former Walgreens
Add
16749 E Shea Blvd
operty Type
Strip Center
Vacant Land
16755 E Shea Blvd
Vacant Land
Former KFC A&W
16805 E Shea Blvd
Freestanding
Four Peaks Plaza
16825 E Shea Blvd
Power Center
Enterprise Strip Center
11829 N Saguaro Blvd
Strip Center
Dominion Plaza
11731-11803 N Saguaro Blvd
Strip Center
Vacant Land
11645 N Saguaro Blvd
Strip Center
Mattress Firm Building
16925 N Saguaro Blvd
Strip Center
Vacant Land
11616-11638 Desert Vista
Vacant Land
Vacant Land
9637 N Saguaro Blvd
Vacant Land
Plaza Fountainside Pad
12605 N Saguaro Blvd
Padsite
Plaza Fountainside
12627-12641 N Saguaro Blvd
Strip Center
Redrock Building Center
17100 E Shea Blvd
Strip Center
Park Place
12800-12898 N Verde River Dr
New Development
PALATIAL ESTATES
17225 E Shea Blvd
Strip Center
Fountain View Place
13014 N Saguaro Blvd
Strip Center
Vacant Land
16468 E Ave of the Fountains
Vacant Land
Former Arbys
17224 E Shea Blvd
Freestanding
Fountain Hills Plaza
13112-13150 N La Montana Dr
Grocery Anchored
Sears Strip Center
13212 N Saguaro Blvd
Strip Center
Fountain View Village
13525 N Fountain Hills Blvd
Strip Center
Vacant Land
13545 N Fountain Hills Blvd
Vacant Land
Palisades Center
16730 E Palisades Blvd
Strip Center
Palisades Plaza (none
shown)
16650 E Palisades Blvd
Strip Center
Red Rock Plaza
16425 E Palisades Blvd
Strip Center
Safeway Center
F—
13733 Fountain Hills Blvd
Grocery Anchored
Eagle Mtn Village
14845 E Shea Blvd
Strip Center
Prepared for Fountain Hills—AZ by Retail Strategies
25+ Retail Real Estate Opportunities
Retail Strategies has cataloged many different retail real estate opportunities
within the city limits of Fountain Hills. Each opportunity has been mapped as
well as categorized for quick reference with other key information (i.e. co-
tenancy, available space, asking rates, etc.). Building relationships with the land
owners, property managers, and commercial brokers will allow this list to be
constantly updated to ensure the most accurate and relevant information is
available for retailers and developers that are looking for opportunities in
Fountain Hills.
1�A CA$A
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RESTVIEW ATWESTRIOGF EKr:,aeo
IUNTAIN HILLS a" VILLAGE
W. -Ko -Pa Golf Club@
2 rtyo�Q FJao.Myn Qr
PALATIAL ESTATES
lsh,.n',de Eu,exi�u, LITTLE FOUNTAIN
Fort McDowell Ca@j-,,
ewe dl w" sh„� 4 RESORT
CONDOMINIUMS
CLEAR AIRE
FG�.AKS.
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FIREROCK „H'""is�
.. CP�cAR,(nr�S
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Retail Strategies has cataloged many different retail real estate opportunities
within the city limits of Fountain Hills. Each opportunity has been mapped as
well as categorized for quick reference with other key information (i.e. co-
tenancy, available space, asking rates, etc.). Building relationships with the land
owners, property managers, and commercial brokers will allow this list to be
constantly updated to ensure the most accurate and relevant information is
available for retailers and developers that are looking for opportunities in
Fountain Hills.
Retail Prospects
Time to source and open a retailer in a new market takes
approximately 18 to 36 months or more, which is one reason we seek
at least a three year contract with our clients. Ultimately, we cannot
determine where a retailer will locate. Our goal is to market sites and
opportunities they may have never heard of or considered in the past.
We're a matchmaker of opportunity in the industry. If they determine a
market is not in their strategic plan currently, our mission will be to
supply them with research and marketing materials that will entice
them to keep the community in mind as they expand and grow.
#,%.# Tiffany Kilpatrick, Retail Strategies Portfolio
Director
Formerly with Hi,b,bett Sports, Opened 130 Locations
Prepared for Fountain Hills—AZ by Retail Strategies
0
Restaurants
General
Merchandise
Automotive
Apparel & Shoe
'For For the purpose of this study Focus Categories identify where the market can support the most significant growth with market conditions as
they exist today. However, Retail Strategies recruitment efforts will in noway be solely limited to retailers that fall within the top four categories.
Prepared for Fountain Hills—AZ by Retail Strategies m
Representative Brands:
UNKIN"
DONUTS
in the box
❑W ❑A ❑F ❑F [L [9
❑H 0 I 19 ❑E w
Prepared for Fountain Hills—AZ by Retail Strategies
Restaurants
1,200 - 7,000 sq. ft. (per)
20+ Prospects
Fast Casual and Fast Food Restaurants
account for the majority of the Restaurant
sector.
This growth is due to value and
convenience. The ability to control the
time and quality at a value has changed
the way we eat out. In tandem Limited
Service Eating Restaurants provide
lower -to -moderate price points and
there is typically no tip involved.
Approximately 40% of all expansion
among publically traded retail and
restaurant companies will be in this
category. You will see a great deal of
Retail Strategies efforts reflect this with
a heavy focus on this category.
Representative Brands:
Batteries
THE TEAM YOU TRUST
1
'Firestone
AO
EL0 n
oIscauNT
TIRE
Prepared for Fountain Hills—AZ by Retail Strategies
Automotive
2,000 - 20,000 sq. ft.
13+ Prospects
Stable sector that typically takes 1-2 acres lots and is proven to
sustain regardless of the economy.
Automotive is a category that does well in any economy and
especially during a downturn. The automotive industry tends to
thrive in the deep south and in less populous areas due to the
heavy dependence on automotive as the primary form of
transportation. The longer commutes and dependence on vehicles
for families, farms, and professional needs put wear and tear on the
vehicle that drive up sales in the automotive category for parts and
oil changes. The DIY, do it yourself, attitudes in non -major
metropolitan communities support the auto parts stores more than
the full service auto repair centers. During strong economic times,
people replace their vehicles. During a downturn in the economy,
people repair their vehicles. Both economies support automotive.
There is a strong expansion plan among the concepts within
automotive and they don't mind locating in very close proximity to
each other. They typically will want about 1 acre of land for a BTS,
build to suit, opportunity. They prefer to be in high traffic areas
with convenient access, good visibility and strong signage.
Representative Brands:
FAMILYM'11ILLAR
7=A,6wrill
DOLLAR GENERAL
Twesday Mor►u►l9
Prepared for Fountain Hills—AZ by Retail Strategies
do,9topia.
General Merchandise
8,000 - 125,000 sq. ft.
6+ Prospects
Variety oriented stores are a great option to
revitalize second or third generation space.
The retailers under the General Merchandise
category are generally classified as Discount
Stores and Specialty Stores. Value and
convenience are driving retail trends today. A
variety of general merchandise stores are
looking for vacant space existing in a shopping
center where they can have low rent and
revitalize a shopping center. Although value
stores do not always top the list in what a
community desires, they still generate a healthy
amount of sales tax and jobs. In addition, they
reduce vacancy creating synergy that sparks
additional retail and restaurant expansion.
Representative Brands:
0.00 Famous
re Footwear1@01MIE]
HIBBETT
Prepared for Fountain Hills—AZ by Retail Strategies
Apparel/Shoe Stores
1,200 - 25,000 sq. ft.
5+ Prospects
Apparel stores like to cluster and create cross
shopping with strong co -tenants.
Apparel is a category that shows evidence of
bifurcation. The luxury brands are thriving and the
value brands are thriving. The apparel stores that offer
an average product at an average price are shrinking.
During the recession, consumers learned they can
receive a quality product at a discounted price. Post -
recession consumer confidence is at a 7 year high.
Consumers are saving their disposable income for
luxury items and purchasing the rest of the their
products at a discount. Apparel is a popular category
for on-line shopping which has been a challenge for
brick -and -mortar expansion. Customer service and
customization are more important than ever.
X
Sp'[)RTING
CO[7►i7S
Prepared for Fountain Hills—AZ by Retail Strategies
Apparel/Shoe Stores
1,200 - 25,000 sq. ft.
5+ Prospects
Apparel stores like to cluster and create cross
shopping with strong co -tenants.
Apparel is a category that shows evidence of
bifurcation. The luxury brands are thriving and the
value brands are thriving. The apparel stores that offer
an average product at an average price are shrinking.
During the recession, consumers learned they can
receive a quality product at a discounted price. Post -
recession consumer confidence is at a 7 year high.
Consumers are saving their disposable income for
luxury items and purchasing the rest of the their
products at a discount. Apparel is a popular category
for on-line shopping which has been a challenge for
brick -and -mortar expansion. Customer service and
customization are more important than ever.
ROI — Investing in Retail
$40
300
$800k
JOBS
2% ANNUAL TAX BASE
$20
50
$400k
JOBS
2% ANNUAL TAX BASE
$10
30
$200k
JOBS
2% ANNUAL TAX BASE
$5
22
$100k
MMUMIK61
JOBS
2% ANNUAL TAX BASE
$1
1.5
$20k
JOBS
2% ANNUAL TAX BASE
Success breeds success. Retail builds on retail. Retail economic impact adds up quickly.
Retail attracts the workforce that attracts the primary jobs. Retail influences executives
looking to locate their company in your community. Retail enhances quality of life that brings
your children home. Retail builds tax base. Retail adds jobs from entry level to managerial.
Retail builds communities.
46
Outreach
Retail is a dynamic industry that is
constantly changing...
Retail decision makers may be in-house corporate real estate staff,
local, regional, or national tenant representative brokers, preferred
developers, consultants, etc. Retail Strategies maintains a database of
nearly 10,000 unique industry contacts that is being constantly
updated as these players change. As a result, your retail recruitment
team can easily identify the appropriate decision makers and present
sites in Fountain Hills quickly in order to determine level of interest and
begin work to address any potential barriers to market entry.
Retail Strategies' database not only contains WHO makes the retail
development decisions for Fountain Hills but also WHAT each retailer
requires from a market ( i.e. demographics, psychographics, trade area
parameters) and real estate perspective ( i.e. size, co -tenancy, access,
visibility). Each individual retailer has their own unique needs that must
be met before taking a new store location to their real estate committee.
By having this information available we are able to prepare custom site
specific packages of information to illustrate that Fountain Hills has the
trade area and real estate to support a successful location.
Prepared for Fountain Hills—AZ by Retail Strategies
9)703
retailers' contact
information & site
selection criteria
Retail Recruitment: Conference Representation
1
The International Council of
Shopping Centers (ICSC) and Retail
Live are the leading global trade
associations for the retail industry.
ICSC and Retail Live help the public
and private sectors understand the
industry through educational
programs, publications, certification
programs, and (most popular) Deal
Making Conventions. Each year these
two organizations put on over twenty
conferences for real estate
professionals to connect to discuss
deals. Fountain Hills will be invited
to all networking events and will
have access to a table at our booth.
Retail recruitment is a com
business and involves multiple
To ensure we are creating the bE
environment for deals to happen
team will be contacting those pa
necessary to get deals done:
Local property owners
Brokers
Developers
Investors
Directors of real estate
Franchisees
Local business owners
Many other decision makers
49
Town Contact Information
Scott 6_ Cooper, CEO
scooperalh—F.
�•:�` r d rour�n Hne Eowwmt OetaWweenl
F6ftln. pante Y.168 n�Yls
Founrab Hb, A2 65468
loarf 2lr.h:llsl.
4W..616510401
480.414659210}
FarnUMAN®.M
Major Employers
Focus Properties
Retail Strategies trw a mtalogue of retail
commercial real estate p operNm in ii,m market
Fa000
r more irlformallor, pleaseconfectthe Portfolio
Dimobar anbbr Retail Dewlapment Director listed
m the frarrt of this Aide.
Town Awards
Company Name
Employers
fp lnHilL=ras� byPt—iiMag— minaln
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Raral Me ccrpmhon
7argat8mreslns
111
163
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FI.. :/+Country Gu�lk
100
• NYEVralW6 Place m Sana hl i-e-M16
Frys Food ST
ffi.
• Mn --'-n1 soot suWw In Ph—Ix-?016
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7d
21ppa-7eplOmmteuccaerul— A2-2016
S.L. glares g9c
7rl
• EMpa -NN FeuubMn Hlb as orsd the m�—Ullul him In the earntry
Doh lm-
70
Town Information Daytime Population 23,276
• Kr nfor lbk malw§;L eL thelaree In tie aald, kle Mme
.has tart a ome— w.brhiJ.mulpNm In Nie earderd a hrgi me.ensde
W. R. lounmb, drfmn by ft. 600 rx0reep,—Wane W"M sprays
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f+elnu.6Nn resehm �Obn r. ne+ga. 7w Feuyalnxues sum r, 1974 a�a
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• Founbb 1�e x a dm1� Irl I91ads9 Wend, b., dre�ee of tlr WIeM In
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Fmin Hft III a boalr 100 paces d putt" mpa)ea. wk
ft6-9an and %pi I ukdngs.
•
Fan—n WIN fplte.the" mmol Tl kWIg tiP pends Int Soled
Arne.
Demographics ,--.
Prepared for Fountain Hills—AZ by Retail Strategies
FOUNTAIN HILLS, ARIZONA
Market Guide
REAIQGRAPRIC PRomE 3 M!a Rediae 5 Mile Radi.e 1616i1a RaAae
M17 FLhaBlNdrhpilerdon 26.277 32.eka 342916
6aytlme P -N& n 23,164 28,697 172.962
Medkn HH horns $76.392 $88.tea $85,036
Nunhood Hous 11,946 14,271 61,821
,,,..
....,,,.,,.
11-1 �1-1
1
It
15 M,.a GT
Popuatim
26,913
A'—"'Ag.
50.0
Houaehdd 1—{Madan]
$73,094
C—th RaW
7.56%
Nunmu dld—hi ka
12,050
11 d In—IAxamgal
$111,353
Prepared for Fountain Hills—AZ by Retail Strategies
FOUNTAIN HILLS, ARIZONA
Market Guide
REAIQGRAPRIC PRomE 3 M!a Rediae 5 Mile Radi.e 1616i1a RaAae
M17 FLhaBlNdrhpilerdon 26.277 32.eka 342916
6aytlme P -N& n 23,164 28,697 172.962
Medkn HH horns $76.392 $88.tea $85,036
Nunhood Hous 11,946 14,271 61,821
m
,,,..
....,,,.,,.
5M•®la 65
1616.0 O3
15 M,.a GT
2017 Esurrgtm Yap WH 13,774
26,918
49,321
Caytlme?9pxl.0 12,779
23,276
47947
l0min
Medlen HH I—$46.834
;78,094
$93 "e5
��s.... a
-;—`4
I71
y ?v. Num6x d Houmllnlis 6,669
12,655
61.771
w
Sucs :.dilF
µ,
y
=.tllr e
rr,a�y5
r1, `F'
,
I
,. _�. ,
,s•.•••4,:`
Add-Ani.0mr
Bear Burrett
�?5�4Mi dltc
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omi.
m
Discover Connect
10
Focus
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TOI
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Prepared for Fountain Hills—AZ by Retail Strategies
Implement
Contact developers,
_ retailers, tenant
4 representatives and
franchisee groups both
regionally and nationally
Make direct and indirect
connections through
conference
representation, in person
meetings, phone calls and
emails
Coordinate and
0004 communicate our efforts
with local brokers,
property owners and city
staff on an on going basis
Follow industry trends as
well as changes in your
lip local market to
continuously adjust our
strategy and improve our
efforts to maximize the
retail potential in your
community
•0•
las
Thank you!
There's o Ior .of potential here,
(sSA
,,, retail strategies
.�
120 18th Street South, Suite 120, Birmingham, AL 35233 205.314.0386 retailstrategies.com
Meeting Date: 3/6/2018
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; 480-816-511.5; bbender@fh.az.gov
Council Goal:
Strategic Values: Civic Responsibility C3 Solicit feedback in decision-making
REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving the TOWN COUNCIL MEETING
MINUTES From January 30 and February 5, 2018.
Applicant: NA
Applicant Contact Information:
Property Location:
Related Ordinance, Policy or Guiding Principle: A.R.S. §38-431,01
Staff Summary (background):The intent of approving previous meeting minutes is to ensure an accurate
account of the discussion and action that took place at that meeting for archival purposes. Approved minutes
are placed on the Town's website in compliance with state law.
Risk Analysis (options or alternatives with implications):
Fiscal Impact (initial and ongoing costs; budget status):
Budget Reference (page number):
Funding Source: NA
If Multiple Funds utilized, list here:
Budgeted; if No, attach Budget Adjustment Form: NA
Recommendation(s) by Board(s) or Commission(s):
Staff Recommendation(s): Approve
List Attachment(s): None
SUGGESTED MOTION (for Council use): Move to approve the consent agenda as listed.
Prepared by:
Bevelyn Bender, Town Clerk 2.26/2018
Approved:
L
Grady E. Miller, ager 9139/21118
(,j
Page 1 of 1
�AINyt TOWN OF FOUNTAIN HILL
TOWN COUNCIL
AGENDA ACTION FORM
�1
Meeting Date: 31612018
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 RESOLUTION 2018-20, abandonment of the
Public Utility and Drainage Easement on Plat 506A, Block 4, Lot 7 (15806 N. Eagles Nest Drive), as recorded in Soak
ISI, Page 30, records ofMaricopa County, Arizona. (EA 2018-03)
Applicant: Emilio and Lynette Piacenza
Applicant Contact Information: 15806 N. Eagles 'Nest Drive, Fountain Hills, AZ 85268
Owner: Same
Owner Contact Information: Same
Property Location: Same (15806 N. Eagles Nest Drive)
Related Ordinance, Policy or Guiding Principle: N/A
Staff Summary (background): This item on the Town Council's agenda is a proposal to abandon the pre-
incorporation Public Utility and Drainage Easement on Plat 506A, Block 4, Lot 7 (15806 N. Eagles Nest Drive),
as shown in "Exhibit A".
All of the public utilities have approved of abandonment of this easement.
Staff has reviewed the site to determine any on-site drainage issues in addition to the Town's general interest
in the easement. There is no need for the Town to retain the drainage easement proposed to be abandoned
with the understanding that the owner(s) of Lot 7 are required to pass the developed flows generated by the
upstream lots across their property.
Risk Analysis (options or alternatives with implications): N/A
Fiscal Impact (initiai and ongoing costs; budget status): N/A
Budget Reference (page number): NIA
Funding Source: NA
If Multiple Funds utilized, list here: NIA
Budgeted; if No, attach Budget Adjustment Form: NA
Recommendations) by Board(s) or Commissions): NIA
Staff Recommendation(s): Staff recommends approval of RESOLUTION 2018-20, abandonment of the
Public Utility and Drainage Easement on Plat 506A, Block 4, Lot 7.
Page 1 of 2
List Attachment(s): Vicinity Map; Aerial Photo Map; Resolution; Exhibit "A" Map
SUGGESTED MOTION (for Council use): Move to approve RESOLUTION 2018-20, abandonment of the Public
Utility and Drainage Easement located on Plat 506A, Block 4, Lot 7,
Prepared y:
Director's prgv
a rt Rod rs Development Services Director 2 0
Appr ved:
Grady E. Mi wn nager 12012018
Page. 2 oi'2
,ra` EV
- TO OF FOUNTAI HILLS
0.
04 DEVELOPMENT SERVICES DEPARTMENT
x
VICINITY MAP
TOWN BOUNDARY
iMcDOWELL MOUNTAIN PARK
'I8UG hl f 4 l
EAGLES NEST -OR
R I
I
Ir, t
SCOTTSDALk
I A"17
AM I
24
f. -AFI 1z=7t
PMA ISLA
- r at ,,
r
I�
r - _
_ SAGUM IM
NORTH
SCALE: 1" = 3500'
tiAICA LN
1E
DEVELOPMENT SERVICES
AERIAL PHOTO MAP
PLAT 506-A, BLOCK 4, LOT 7
15806 N EAGLES NEST DR
LEGEND:
LOTLINE
ROW
EASEMENT
FLOODPLAIN
SUBJECT SITE
N
w + E
s
0 loo, 200'
mm6m�m�
SCALE: 1' — 20u'
AERIAL FLIGHT DATE: 10/16
RESOLUTION 2(118-20
A RES CIL U11ION OR THE N AYCIR AND COMN CIN COUNCIL OF THIS TOWN OF
RCIU NTAIN HILLS, ARI21ONA, ABANDONING WHP TEVER RIGHT, TITLE, CIR
INTEREST Ill HAS IN 1HE1 PUBLIC UTILITY AND DRAINAGE EASIEMEINTSI on
PILAU 50EIA1, IILOCIK 4, LOT 7, AS RECORLl80 IN 8001 '15EI, RAIGB 30,
RBCORDS OF NIAIRICIORAI COUNTY, ARIZONA. (IBA 20'184031
WH EREASI, tl- El May or an( COL ncil of tr a Town of RaL main Hills 119 Er "TavAin Clounail"), as tf Er
gavenning I:ody oil veal plroFlErrty lacaied in ihe clown of Fou niairi Hills (ihe "Town"), may require ihe
C Ercicaiion of pu tlia sineeis, sewEm, waien, drainage, aric ocher uiiliiy eawnlErrrls an nighis-af-way within any
Fpioposed su t c iv isien; an(
WHEREAS, ihe Tatiin Clounail has ihe au ihoriiy is acrCEIF1t or reject ofllens of c Erc iaaiian of pnivaie
property t y easemerii, c Had, sL t divisian, plat an aft Eui IawfL I means; an(
WHEREAS, all Flnesent uiiliiy aamplanies have received noiificaflon olllhe graFlasec atandonmerii.
NOW iI1-13REIFORE, BE IT RESOLVED BY THE NAYCIRAN❑ COUNCIL CIRTHE TO\AN OF
FOUNTAIN HILLS, asllollaws:
SECTION 1. Thai ihe aertain ten foot (1'10) gubliC utility aric drainage
easemen'l, an Plat 9CIEIA, Block 4, Lat 1, Founiain Hills, as riecaridec the Office cd ihe
Cagy my Reccnden of N aricapla Clour0y, Aniaona, Baak '159 oll N apls, Pages .ICI, anc as
mare particularly c escrit ed in Exh it ii A, aiiach EIC f Emeio aric incorFlanaied herErin t y
relerHnCEI, cure henet;y ceclarErd is be atandoriec Ly ihe Tawn. Certain Itis witfin the
sL tdiviaiari arEr subject io loi-io-loi drainage rL riofll. ill -e proplEirty awrier is neqL hied io
pass tpe cErveloFlHc flows clEirieraie( by'lFe Lplsiream Tats aarcss'Ifein F1roFlErrty.
SECTION a. Thal t1l is Resor lion is ane of abariconmeni aric c isclaimEir ty ihe Tawn selEdy fon
ihe pu 11FlosE1 oil nemovirig ariy plateritial clou c an ihe tide io sai( praplerty and tf at tf Er Town in no way
attempts io aflleat ihe nighis of arty Flnivaie party is CIPIPIosEI ihe atan(arimerit or assert any rigH nesultiriq
ihene tram or existing RneviaL s to any acrtian t y ihe Towri.
PASSED AN U ADOPTED BY 1 h ei Mayon and C OL ricil of th ei Tow ri of Rountain h ills,
March 6, 2(118.
FOR 11HE TOWN OR FOUNTAIN HILLS:
Lirica M. Havanagr, fvayor
REVIEWED BY:
Grac y E. MillEln, TOWN N ariager
ATTESTRU TO:
Bevelyn � . Benc E n, dawn CIIerH
APPROVED AS TO FORM:
Fre( c a , . Bisman, Town A iiorney
Dick inson Wright, PL L CI
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
FINAL REPLAT 506—A, BLOCK 4, LOT 7
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ti
ABANDON
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SCALE: 1" = 34'
DATE: 2-12-18
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SSD LAND S,
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c,G¢ 16545 �a �o
RANDY L.
HARREL yF
TO'IJ'"IJN OF FOUNTAIN HILLS
z TOWN COUNCIL
}f r+rrt�
AGENDA ACTION FORM
is � yah
Meeting Date: 31612018
Agenda Type: Regular
Meeting Type: Regular Session
Submitting Department: Development Services
Staff Contact Information: Robert Rodgers, Development Services Director : 480-816-5138; rrodgers@fh.az.gov
REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF APPOINTING Three (3) Planning and Zoning
Commissioners for a two year term each beginning on March 7, 2018, and ending September 30, 2020.
Applicant: Development Services
Applicant Contact Information:
Owner:
Owner Contact Information:
Property Location:
Related Ordinance, Policy or Guiding Principle: Council Rules of Procedure
Staff Summary (background): On Frebruary 6, 2018 the Town Council Executive Subcommittee interviewed
four (4) applicants requesting consideration to be appointed to serve on the Town of Fountain Hills Planning
and Zoning Commission, The Appointed three (3) applicants will serve each a term beginning March 7, 2018
until September 30, 2020,
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): Subcommittee recornmendations will be provided separately.
List Attachment(s):
SUGGESTED MOTION (for Council use):
Move to appoint and to each serve on the Town of Fountian Hills
Planning and Zoning Commission for a two year term beginning March 7, 2018 until September 30, 2020,
Page 1 of 2
Prepared by;
%SA- Q7P�W
Paula Woodward, Executive Assistant 21712418
Director's Ag�r
Rauf Rutgers 7elopment Services Director 21712018
Approved
Grady E. Miller, TdWn Ma Mger 2012018
��j
Page 2 of 2
Meeting Date: 316/2018
TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Type: Regular Session
Agenda Type: Regular Submitting Department: Community Services
Staff Contact Information: Grace Guetter Marketing & Communications Coordinator gguetter@fh.az.gov
REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF Awarding a Cooperative Purchase Agreement
contract number 02018-053 with Pro Em Party and Event Rentals for up to $75,000.00 with the option of four (4) one
year renewal teens.
Applicant:
Applicant Contact Information:
Owner:
Owner Contact Information:
Property Location:
Related Ordinance, Policy or Guiding Principle: The Town is permitted, pursuant to Section 3-3-27 of the
Town Cade, to make purchases under the City Contract, at its discretion and with the agreement of the
awarded Contractor, and the City Contract permits its cooperative use by other public entities, including the
Town.
Staff Summary (background): Staff has contracted with Pro Em for many years prier to this CPA for use of
their event rentals for the many town organized and co-sponsored events that require event equipment such as
light towers, portable restrooms, staging, tenting, etc. Since this company is a company whose services are
used each year, staff enters into a long-term Cooperative Purchase Agreement with Pro Em for $75,000.00 a
year with the option of four (4) one year terms not to exceed $375,000.00.
Risk Analysis (options or alternatives with implications): If this contract is not approved staff will not be able
to rent the equipment required to produce successful and safe special events for Town residents and visitors.
Fiscal Impact (initial and ongoing costs; budget status): The Community Services Department already has
budgets outlined for these expenditures for each of the events that will guide and limit spending as outlined in
the contract attached.
Budget Reference (page number): 242
Funding Source: NA
If Multiple Funds utilized, list here: Various
Budgeted; if No, attach Budget Adjustment Form: Yes
Recommendation(s) by Board(s) or Commission(s):
Staff Recommendation(s): Recommend approval
List Attachment(s): Contract 2018-083
Page 1 or 2
SUGGESTED MOTION (for council use): Move to approve awarding a Cooperative Purchase Agreement contract
number 02018-083 with Pro Em Party and Event Rentals for up to $75,000.00 with tate option of four (4) one
year renewal terms.
Prepared by:
Grace Rodman -Gu ter, Wrnmunications & Marketing Coordinator
2/20/2018
Director's Appra al;'
Rachael Goodwin. Qornqiwity Services Director 2/20/2018
A roved:
Grady R. Miller, T onager 2/2012018
Page 2 of 2
Contract No. 2018-083
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
PRO EM OPERATIONS LLC
THIS COOPERATIVE PURCHASING AGREEMENT (this "Agreement") is entered into
as of February 7, 2018, between the Town of Fountain Hills, an Arizona municipal corporation
(the "Town"), and Pro Em Operations LLC, a Delaware corporation (the "Contractor").
RECITALS
A. After a competitive procurement process, the City of Surprise, Arizona ("City")
entered into Contract # 318000002, effective September 22, 2017, (the "City Contract"), attached
as Exhibit 1, with the Contractor for professional event equipment rentals and related services.
B. The Town is permitted, pursuant to Section 3-3-27 of the Town Code, to make
purchases under the City Contract, at its discretion and with the agreement of the awarded
Contractor, and the City Contract permits its cooperative use by other public entities, including the
Town.
C. The Town and the Contractor desire to enter into this Agreement for the purpose of
(i) acknowledging their cooperative contractual relationship under the City Contract and this
Agreement, (ii) establishing the terms and conditions by which the Contractor may provide the
Town with professional event equipment rentals and related services, as more particularly set forth
in Section 2 below (the "Goods and Services") and (iii) setting the maximum aggregate amount to
be expended pursuant to this Agreement related to the Goods and Services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which
are incorporated herein by reference, the following mutual covenants and conditions, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the Town and the Contractor hereby agree as follows:
1. Term of Agreement. This Agreement shall be effective as of the date first set forth
above and shall remain in full force and effect until February 7, 2019. This Agreement may be
extended in one year increments for a maximum of four (4) additional terms, upon the mutual
agreement of the parties in writing. The Agreement may be terminated prior to its termination date
as otherwise provided in this Agreement or the City Contract.
2. Scope of Work. The scope of work for this Agreement is set forth in the City
Contract, incorporated by this reference. Changes to the Scope of Work must be agreed upon by
the parties in a written change order ("Change Order"). Each Change Order approved and accepted
by the parties pursuant to this Agreement shall (i) contain a reference to this Agreement and the
City Contract and (ii) be attached hereto as Exhibit 2 and incorporated herein by reference. Change
Orders submitted without referencing this Agreement and the City Contract will be subject to
rejection.
2.1 Inspection; Acceptance. All Goods and Services are subject to final
inspection and acceptance by the Town. Upon discovery of non -conforming Goods and Services,
the Town may elect to do any or all of the following by written notice to the Contractor: (i) waive
the non-conformance; (ii) stop the work immediately; or (iii) bring Service into compliance and
withhold the cost of same from any payments due to the Contractor.
3. Compensation. The Town shall pay Contractor an aggregate amount not to exceed
$75,000 per year, and a maximum amount of $375,000 (including all renewals), for the Goods and
Services.
4. Pa nom. The Town shall pay the Contractor monthly, based upon acceptance and
delivery of Goods and Services performed and completed to date pursuant to the Scope of Work,
and upon submission and approval of invoices. Each invoice shall (i) contain a reference to this
Agreement and the City Contract and (ii) document and itemize all work completed to date.
Contractor's invoices for each task shall not exceed the amount set forth in the Proposal and City
Contract. The invoice statement shall include a record of materials delivered, time expended and
work performed in sufficient detail to justify payment. Additionally, invoices submitted without
referencing this Agreement and the City Contract will be subject to rejection and may be returned.
5. Records and Audit Rights. To ensure that the Contractor and its subcontractors are
complying with the warranty under Section 6 below, Contractor's and its subcontractors' books,
records, correspondence, accounting procedures and practices, and any other supporting evidence
relating to this Agreement, including the papers of any Contractor and its subcontractors'
employees who perform any work or services pursuant to this Agreement (all of the foregoing
hereinafter referred to as "Records"), shall be open to inspection and subject to audit and/or
reproduction during normal working hours by the Town, to the extent necessary to adequately
permit (i) evaluation and verification of any invoices, payments or claims based on Contractor's
and its subcontractors' actual costs (including direct and indirect costs and overhead allocations)
incurred, or units expended directly in the performance of work under this Agreement and (ii)
evaluation of the Contractor's and its subcontractors' compliance with the Arizona employer
sanctions laws referenced in Section 6 below. To the extent necessary for the Town to audit
Records as set forth in this Section, Contractor and its subcontractors hereby waive any rights to
keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed
costs or units expended, the Town shall have access to said Records, even if located at its
subcontractors' facilities, from the effective date of this Agreement for the duration of the work
and until three years after the date of final payment by the Town to Contractor pursuant to this
Agreement. Contractor and its subcontractors shall provide the Town with adequate and
appropriate workspace so that the Town can conduct audits in compliance with the provisions of
this Section. The Town shall give Contractor or its subcontractors reasonable advance notice of
intended audits. Contractor shall require its subcontractors to comply with the provisions of this
Section by insertion of the requirements hereof in any subcontract pursuant to this Agreement.
2
6. E -verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41-
4401, the Contractor and its subcontractors warrant compliance with all federal immigration laws
and regulations that relate to their employees and their compliance with the E -verify requirements
under ARIZ. REV. STAT. § 23-214(A). Contractor's or its subcontractors' failure to comply with
such warranty shall be deemed a material breach of this Agreement and may result in the
termination of this Agreement by the Town.
7. Israel. Contractor certifies that it is not currently engaged in, and agrees for the
duration of this Agreement that it will not engage in a "boycott," as that term is defined in ARIZ.
REV. STAT. § 35-393, of Israel.
8. Conflict of Interest. This Agreement may be canceled by the Town pursuant to
ARIZ. REV. STAT. § 38-511.
9. Applicable Law; Venue. This Agreement shall be governed by the laws of the State
of Arizona and a suit pertaining to this Agreement may be brought only in courts in Maricopa
County, Arizona.
10. Agreement Subject to Appropriation. The Town is obligated only to pay its
obligations set forth in this Agreement as may lawfully be made from funds appropriated and
budgeted for that purpose during the Town's then current fiscal year. The Town's obligations
under this Agreement are current expenses subject to the "budget law" and the unfettered
legislative discretion of the Town concerning budgeted purposes and appropriation of funds.
Should the Town elect not to appropriate and budget funds to pay its Agreement obligations, this
Agreement shall be deemed terminated at the end of the then -current fiscal year term for which
such funds were appropriated and budgeted for such purpose and the Town shall be relieved of
any subsequent obligation under this Agreement. The parties agree that the Town has no obligation
or duty of good faith to budget or appropriate the payment of the Town's obligations set forth in
this Agreement in any budget in any fiscal year other than the fiscal year in which this Agreement
is executed and delivered. The Town shall be the sole judge and authority in determining the
availability of funds for its obligations under this Agreement. The Town shall keep Contractor
informed as to the availability of funds for this Agreement. The obligation of the Town to make
any payment pursuant to this Agreement is not a general obligation or indebtedness of the Town.
Contractor hereby waives any and all rights to bring any claim against the Town from or relating
in any way to the Town's termination of this Agreement pursuant to this section.
11. ConflictingTerms. erms. In the event of any inconsistency, conflict or ambiguity among
the terms of this Agreement, any Town -approved work orders, the City Contract and invoices, the
documents shall govern in the order listed herein. Notwithstanding the foregoing, and in
conformity with Section 2 above, unauthorized exceptions, conditions, limitations or provisions in
conflict with the terms of this Agreement or the City Contract (collectively, the "Unauthorized
Conditions"), other than the Town's project -specific requirements, are expressly declared void and
shall be of no force and effect. Acceptance by the Town of any work order or invoice containing
any such Unauthorized Conditions or failure to demand full compliance with the terms and
conditions set forth in this Agreement or under the City Contract shall not alter such terms and
conditions or relieve Contractor from, nor be construed or deemed a waiver of, its requirements
and obligations in the performance of this Agreement.
3
12. Rights and Privileges. To the extent provided under the City Contract, the Town
shall be afforded all of the rights and privileges afforded to City and shall be "City" (as defined in
the City Contract) for the purposes of the portions of the City Contract that are incorporated herein
by reference.
13. Indemnification; Insurance. In addition to and in no way limiting the provisions set
forth in Section 12 above, the Town shall be afforded all of the insurance coverage and
indemnifications afforded to City to the extent provided under the City Contract, and such
insurance coverage and indemnifications shall inure and apply with equal effect to the Town under
this Agreement including, but not limited to, the Contractor's obligation to provide the
indemnification and insurance. In any event, the Contractor shall indemnify, defend and hold
harmless the Town and each council member, officer, employee or agent thereof (the Town and
any such person being herein called an "Indemnified Party"), for, from, and against any and all
losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable
attorneys' fees, court costs, and the costs of appellate proceedings) to which any such Indemnified
Parry may become subject, under any theory of liability whatsoever ("Claims"), insofar as such
Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the
negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work
or services of the Contractor, its officers, employees, agents, or any tier of subcontractor in the
performance of this Agreement.
14. Notices and Requests. Any notice or other communication required or permitted to
be given under this Agreement shall be in writing and shall be deemed to have been duly given if
(i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail, registered
or certified, return receipt requested, to the address set forth below or (iii) given to a recognized
and reputable overnight delivery service, to the address set forth below:
If to the Town: Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
Attn: Grady E. Miller, Town Manager
With copy to: Dickinson Wright PLLC
1850 North Central Avenue Suite 1400
Phoenix, Arizona, 85004
Attn: Fredda Bisman
If to Contractor: Pro Em Operations LLC
1450 East Grant Street
Phoenix, Arizona 85034
Attn: Brent Mabb
or at such other address, and to the attention of such other person or officer, as any party may
designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed
received (i) when delivered to the parry, (ii) three business days after being placed in the U.S. Mail,
properly addressed, with sufficient postage or (iii) the following business day after being given to
4
a recognized overnight delivery service, with the person giving the notice paying all required
charges and instructing the delivery service to deliver on the following business day. If a copy of
a notice is also given to a party's counsel or other recipient, the provisions above governing the
date on which a notice is deemed to have been received by a party shall mean and refer to the date
on which the party, and not its counsel or other recipient to which a copy of the notice may be sent,
is deemed to have received the notice.
[SIGNATURES ON FOLLOWING PAGES]
5
IN WITNESS WHEREOF, the parties hereto have executed and caused to be signed by their
duly authorized representatives, this instrument on the date first written above/
"Town"
TOWN OF FOUNTAIN HILLS,
an Arizona Municipal Corporation
Grady E. Miller, Town Manager
ATTEST:
Bevelyn J. Bender, Town Clerk
(ACKNOWLEDGEMENT)
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
On , 2018, before me personally appeared Grady E. Miller, the Town Manager of
the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity was proven
to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged
that he signed the above document, on behalf of the Town of Fountain Hills.
Notary Public
(Affix notary seal here)
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
C
"Contractor"
PR ,EM OPERATIONS LLC
By:
Name:
Its: 1\11,
(ACKNOWLEDGEMENT)
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
On 2- I` -f 2018, before me personally appeared Vic- ortq__Rntri,:r, the
tC� of QQ ry-) an Arizona limited liability corporation, whose
identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be,
and acknowledged that he signed the above document, on behalf of Pro Ern Operations LLC.
11 MJCIA ALICEA
Notary Public, Stat90 f Arizona
Maricopa Couty
My Commission Expires
October 04, 2021
(Affix notary seal here)
7
At_� Cs�
blic
EXHIBIT 1
TO
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
PRO EM OPERATIONS LLC
[CITY CONTRACT]
See following pages.
j
,si►
SURPRISE
Request for Proposal
Offer and Acceptance
RFP 318000002
Special Events
Equipment Rentals
Procurement Division
16000 N. Civic Center Drive
Surprise, Arizona 85374
Phone: (523) 222-3700
Fax:(623) 22.22-3701
R r z o
i I
C FFER
erslgned hereby certifies on behalf of the named entity that:
o Reasonable diligence has been exercised in the preparation of this submission;
o All contents are true, accurate, and complete to the best of the signer's knowledge,
o The undersigned has the authority to make this Offer and to bind the entity named below, and
The undersigned further certifies that the entity named below IS 0 Is NOT E) currently debarred,
suspended, or proposed for debarment by any governmental entity. The undersigned agrees to notify
the City of any change in this status, should one occur, before the time an award has been made under
this Request for Proposal.
The undersigned, on behalf of the entity named below, hereby offers to furnish materials andlor services
as set forth in this Offer. in compliance with all terms, conditions, specifications in and amendments to the
Invitation for Bid referenced above. By making this offer, the entity will be contractually bound to provide
these goods and services if the offer Is accepted by the City.
Frrc Wams. PRO �Eflh 10perations LLC lerepnone: 480-507-0999 -- —
Street 1450 East Grant street
Address: �0_9{7-154
city,st.zip: Phoenix, AZ 85034 email: blrent(@proem.Org
Nzzf
F1D# : 30-0950767 Offer ura for /4X :date,
Offer
DUNS #07851 2554
Surprise Business License #I Name and Me: Brent Mabb, Account Manager
To Come Item
ACCEPTANCE OF OFFER
ARID CONTRACT AWARD (For City of Surprise Use Only)
�
Ka . t'j 1^r�f."t tal. km ar= r Pe bound's pr7M" U-10 a tir .;3is �£�rra,s its °�� 4',;,°S�rwdCl ��C?r.? c'Sd'
rs .
r
_
CONTRACT # 318000002
City of Syrpfte, Arizona. Effective Date: `^ "" -
PR UREMEN7 NAGER
wApproved� "s:
,1
- V o1b t�
r v
Awardedo 1
d �-
dy Attorney's Office
City Manager — —
SECTION 3
SURPRISE
ARIZONA TERMS AND CONDITIONS
1. TERM OF CONTRACT: The contract term will commence upon acceptance of the proposal
by the City and will continue for one year, unless terminated, cancelled or extended as
otherwise provided herein. Warranties and other provisions may extend beyond the
completion of the work, if applicable.
2. CONTRACT EXTENSION: By mutual written contract amendment, the Contract may be
extended for supplemental periods of four (4) one year terms or up to a contract maximum of
sixty (60) months.
3. CERTIFICATION: By signature in the Offer section of the Offer and Acceptance page, the
Contractor certifies:
A. The submission of the offer did not involve collusion or other anti-competitive practices.
B. The Contractor will not discriminate against any employee or applicant for employment in
violation of Federal Executive Order 11456.
C. The C 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. Failure to sign the
offer, or signing it with a false statement, will void the submitted offer or any resulting
contracts, and the vendor may be debarred from future procurements.
4. MULTIPLE AWARDS: The City reserves the right to award contracts to multiple contractors.
The actual utilization of any contract will be at the sole discretion of the City.
5. PRICE ADJUSTMENT: The City of Surprise Purchasing Division will review fully documented
requests for price increases after any contract has been in effect for two (2) years. Any price
increase adjustment will only be made at the time of contract extension and will be a factor in
the extension review process. The City of Surprise Purchasing Division will determine
whether the requested price increase or an alternate option, is in the best interest of the City.
Any price adjustment will be effective upon the effective date of the contract extension.
6. PRICE REDUCTION: A price reduction adjustment maybe offered at anytime during the term
of a contract and shall become effective upon notice.
7. COMPENSATION: Compensation for services shall be based upon fees negotiated, including
all approved costs and expenses incurred in connection with the project; including but not
limited to, telephone and other communications, reproduction of documents, special
consultants (as approved by the City) and computer costs.
8. ACCEPTANCE: Determination of the acceptability of work shall be completed in a responsive
and professional manner and in accordance with the specifications, schedules, or pians which
are incorporated in the Scope of Work.
Solicitation No: RFP 318000002 Available online at Page 12 of 24
Special Events Equipment Rentals https://www.surpriseaz.gov/bids.aspx
SURPRISE
ARIZONA
SECTION 3
TERMS AND CONDITIONS
9. INVOICES: The Contractor shall submit invoices to the City of Surprise Community &
Recreation Services Department, 15960 N. Bullard Ave, Surprise, AZ 85374. Invoices may
also be submitted electronically to accountspayable@surpriseaz.gov.
10. PAYMENTS: The City shall pay the Contractor monthly, based upon work performed and
completion to date, and upon submission of invoices. All invoices shall document and itemize
all work completed to date. The invoice statement shall include a record of time expended
and work performed in sufficient detail to justify payment.
11. DELIVERY ORDERS: The City shall issue a Purchase Order for the material and/or services
covered by this contract. All such documents shall reference the contract number as indicated
on the Offer and Contract Award
12. INSTALLATION AND ACCEPTANCE:
A. Installation Date: The Contractor shall install equipment ready for use on or before the
installation date specified in the applicable schedule, provided that an equivalent
extension shall be given for any delay caused by the City.
B. Site Preparation: The City shall have the site available and prepared in a timely manner
in accordance with Contractor published specifications. The Contractor shall be given
access to the site for installation and testing purposes.
C. Site Inspection: Prior to the installation date, Contractor shall inspect the site and shall
report to the City in writing the dates of such inspections, any rejections and the reasons
therefore, and the final acceptance thereof. Such final site acceptance shall include a
written representation to the City by the Contractor that the site meets the Contractor's
and/or equipment manufacturer's site specifications for the efficient and safe operation
of the equipment.
D. Acceptance Testing: At such time as Contractor has completed installation and is
satisfied that the equipment is operating successfully and meets minimum design
capabilities, the City shall be so notified. The City may accept or reject any portion or all
of the equipment.
E. Acceptance: At the conclusion of the acceptance testing period, the City's acceptance
may be conclusively presumed if a written rejection specifying the reasons therefore is
not delivered to Contractor within ten (10) business days following the end of the
acceptance testing period.
13. COMMENCEMENT OF WORK: The Contractor is cautioned not to commence any work or
provide any materials or services under the contract until and unless the Contractor receives
a Purchase Order, "Notice to Proceed", or is otherwise directed in writing to do so by the City.
14. INDEMNIFICATION: To the fullest extent permitted by law, the Contractor will indemnify,
defend and hold harmless the City and its council members, officers, boards, commissions,
officers, officials, employees, or agent thereof ("Indemnified Party"), for, from and against any
Solicitation No: RFP 318000002 Available online at Page 13 of 24
Special Events Equipment Rentals https://www.surpriseaz.gov/bids.aspx
Aa IP- SECTION 3
U R P R I S E
ARIZONA TERMS AND CONDITIONS
and all losses, claims, damages, liabilities, costs, and expenses (including, but not limited to,
reasonable attorneys' fees, claims processing, investigation, 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 in connection with the negligent or willful acts or
omissions of work or professional services of the Contractor, its officers, employees, agents,
or any tier of subcontractor in the performance of this Contract. In consideration of the award
of this Contract, the Contractor agrees to waive all rights of subrogation against the City, its
officers, officials, agents and employees for losses arising from the work performed by the
Contractor for the City. 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.
15. INSURANCE REQUIREMENTS: The Contractor, at Contractor's own expense, will purchase
and maintain insurance with companies duly licensed in the State of Arizona and possessing
a current A.M. Best, Inc. Rating of A- with policies and forms satisfactory to the City.
A. All required insurance must be maintained in full force and effect until all work required to
be performed under the terms of the Contract is satisfactorily completed and formally
accepted; failure to do so may, at the sole discretion of the City, constitute a material
breach of this Contract.
B. The Contractor's insurance will be primary, and any insurance or self-insurance
maintained by the City will not contribute to it.
C. Any failure to comply with the claim reporting provisions of the insurance policies or any
breach of an insurance policy warranty will not affect coverage afforded under the
insurance policies to protect the City.
D. The insurance policies, except Workers' Compensation, will contain a waiver of transfer
rights of recovery (subrogation) against the City, its agents, representatives, directors,
officers, and employees for any claims arising out of the Contractor's acts, errors,
mistakes, omissions, work or service.
E. The insurance policies may provide coverage which contains deductibles or self-insured
retentions. Such deductible and/or self-insured retentions will not be applicable with
respect to the coverage provided to the City under such policies. The Contractor will be
solely responsible for the deductible and/or self-insured retention and the City, at its
option, may require the Contractor to secure payment of such deductibles or self-insured
retentions by a Surety Bond or an irrevocable and unconditional letter of credit.
F. The City reserves the right to request and to receive, within 10 working days, certified
copies of any or all of the herein required insurance policies and/or endorsements. The
City will not be obligated, however, to review same or to advise Contractor of any
deficiencies in such policies and endorsements, and such receipt will not relieve
Contractor from, or be deemed a waiver of the City's right to insist on, strict fulfillment of
Contractor's obligations under this Contract.
Solicitation No: RFP 318000002 I Available online at Page 14 of 24
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G. The insurance policies, except Workers' Compensation and Professional Liability,
required by this Contract, will name the City, its agents, representatives, officers, directors,
officials and employees as Additional Insureds.
H. Required Insurance Coverage:
Contractor must be insured with the following types and minimum amounts of coverage.
If any work is subcontracted, the Contractor must require the Subcontractor to be insured
to the same extent as required of the Contractor.
a) Commercial General Liability
The policy must include bodily injury, property damage, personal injury and broad
form contractual liability coverage.
General Aggregate $2,000,000
Products — Completed Operations Aggregate $1,000,000
Personal and Advertising Injury $1,000,000
Blanket Contractual Liability — Written and Oral $1,000,000
Fire Legal Liability $ 50,000
Each Occurrence $1,000,000
The policy must be endorsed to include the City of Surprise, its departments,
agencies, boards, commissions, officers, officials, agents, and employees as
additional insureds with respect to liability arising out of the activities performed by
or on behalf of the Contractor.
The policy must contain a waiver of subrogation against the City of Surprise, its
departments, agencies, boards, commissions, officers, officials, agents, and
employees for losses arising from work performed by or on behalf of the Contractor.
b) Automobile Liability
The policy must cover bodily injury and property damage for any owned, hired,
and/or non -owned vehicles used in the performance of this Contract.
Combined Single Limit (CSL) $1,000,000
The policy must be endorsed to include the City of Surprise, its departments,
agencies, boards, commissions, officers, officials, agents, and employees as
additional insureds with respect to liability arising out of the activities performed by
or on behalf of the Contractor.
The policy must contain a waiver of subrogation against the City of Surprise, its
departments, agencies, boards, commissions, officers, officials, agents, and
employees for losses arising from work performed by or on behalf of the Contractor.
c) Workers' Compensation
Solicitation No: RFP 318000002 Available online at Page 15 of 24
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Workers' Compensation
Each Accident
Disease — Each Employee
Disease — Policy Limit
Statutory Employers' Liability
$ 500,000
$ 500,000
$1,000,000
The policy must contain a waiver of subrogation against the City of Surprise, its
departments, agencies, boards, commissions, officers, officials, agents, and
employees for losses arising from work performed by or on behalf of the Contractor.
d) Professional Liability (Errors and Omissions Liability)
Each Claim $1,000,000
Annual Aggregate $2,000,000
In the event that the professional liability insurance required by this Contract is
written on a claims -made basis, Contractor warrants that any retroactive date under
the policy shall precede the effective date of this Contract; and that either continuous
coverage will be maintained or an extended discovery period will be exercised for a
period of two (2) years beginning at the time work under this Contract is completed.
The policy shall cover professional misconduct or negligence acts forthose positions
defined in the Scope of Work of this contract.
I. Certificates of Insurance: Prior to commencing work under this Contract, Contractor will
furnish the City with Certificates of Insurance, or formal endorsements as required by the
Contract, issued by Contractor's insurer(s), as evidence that policies providing the
required coverages, conditions and limits required by this Contract are in full force and
effect.
J. In the event any insurance policy required by this Contract is written on a "claims made"
basis, coverage must extend for two years past completion and acceptance of the
Contractor's work, as evidenced by annual certificates of insurance.
K. If a policy does expire during the life of the Contract, a renewal certificate must be sent to
the City no later than fifteen (15) days prior to the expiration date.
L. All certificates of insurance will be identified with proposal serial number and title. A $25.00
administrative fee will be assessed for all certificates received without the appropriate
proposal serial number and title.
M. Cancellation and Expiration Notice: Insurance required herein will not expire, be
canceled, or materially changed without thirty (30) days prior written notice to the City.
16. KEY PERSONNEL: Contractor must provide adequate experienced personnel, capable of
and devoted to the successful accomplishment of work to be performed under this Contract.
Contractor must agree to assign specific individuals to the key positions.
Solicitation No: RFP 318000002 Available online at Page 16 of 24
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17. ESTIMATED QUANTITIES: The City makes no commitment of any kind concerning
quantities actually required under this Contract.
18. GRATUITIES: The City may, by written notice to the Contractor, cancel this Contract if it is
found by the City that gratuities, in the form of entertainment, gifts, or otherwise, were offered
or given by the Contractor or any agent or representative of the Contractor to any officer or
employee of the City with a view toward securing an order, securing favorable treatment with
respect to the awarding, amending, or the making of any determinations with respect to the
performing of such order. In the event this Contract is cancelled by the City pursuant to this
provision, the City will be entitled, in addition to any other rights and remedies, to recover or
withhold from the Contractor the amount of the gratuity.
19. LEGAL REMEDIES: All claims and controversies shall be subject to resolution according to
the terms of the City of Surprise Procurement Code.
20. APPLICABLE LAW: Contractor must abide by and conform to any and all current laws and
regulations of the United States, the State of Arizona, the City of Surprise, the Federal
Occupational Safety and Health Administration, and any other federal or state laws applicable
to this Contract.
A. Contractor warrants, for the term of this Contract and for six months thereafter, to have
fully complied with the requirements of the Immigration Reform and Control Act of 1986
and all related or similar legal authorities.
B. This Contract will be governed by the laws of the State of Arizona and suit pertaining to
this Contract may be brought only in courts in the State of Arizona.
C. This Contract is subject to the provisions of ARS §38-511; the City may cancel this
Contract without penalty or further obligations by the City or any of its departments or
agencies if any person significantly involved in initiating, negotiating, securing, drafting or
creating the Contract on behalf of the City 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.
D. Contractor warrants that it complies with all Federal Immigration laws and regulations that
relate to its employees and complies with A.R.S. § 23-214.A. Contractor acknowledges
that pursuant to A.R.S. § 41-4401 and effective September 30, 2008, a breach of this
warranty is a material breach of this Contract subject to penalties up to and including
termination of this Contract, and that the City retains the legal right to inspect the papers
of any employee who works on the Contract to ensure compliance with this warranty.
21. ENTIRE AGREEMENT; INTERPRETATION; PAROL EVIDENCE: The Request for Proposal
documents, including the executed Offer and Acceptance, Instructions, Scope of Work,
Standard Terms and Conditions, Special Terms and Conditions, and any attachments,
amendments, or addendums, constitute the entire agreement between Contractor and the
City. In the event of a conflict in language between the Request for Proposal and the
Contractor's offer, the provisions and requirements in the Request for Proposal will govern.
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However, the City reserves the right to clarify, in writing, any contractual terms with the
concurrence of the Contractor, and such written Contract will govern in case of conflict with
the applicable requirements stated in the Request for Proposal. This Contract may be
modified only by a written amendment signed by duly authorized persons on behalf of the City
and the Contractor. Duly authorized City personnel are the City representative listed on the
cover page or the Procurement Manager or delegate. The Contractor will conform to the
terms, conditions, specifications and other requirements found within the text of this specific
Request for Proposal. All previous agreements, contracts, or other documents, which have
been executed between the Contractor and the City, are not applicable to 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 may not be changed, modified or rescinded except by written agreement signed by
both Parties. Any attempt at oral modification of this Contract will be void and of no effect.
22. 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 be physically
amended to make such insertion or correction.
23. RIGHT TO ASSURANCE: Whenever one party to this contract in good faith has reason to
question the other party's intent to perform he may demand that the other party give a written
assurance of this intent to perform. In the event that a demand is made and no written
assurance is given within five (5) days, the demanding party may treat this failure as an
anticipatory repudiation of the Contract.
24. LIENS: All materials, service or construction shall be free of all liens, and if the City requests,
a formal release of all liens shall be delivered to the City.
25. PATENT 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 City and shall not be used or released by the Contractor or any other
person except with the prior written permission of the City.
26. SEVERABILITY: The provisions of this Contract are severable to the extent that any
provision or application held to be invalid will not affect any other provision or application of
the Contract which may remain in effect without the invalid provision or application.
27. ASSIGNMENT -DELEGATION: No right or interest in this Contract will be assigned by
Contractor without prior written permission of the City and no delegation of any duty of
Contractor will be made without prior written permission of the City.
28. SUBCONTRACTS: No subcontract will be entered into by Contractor with any other party to
furnish any of the material or work specified in this Contract without the advanced written
approval of the City. Contractor will itemize all subcontractors that will be utilized on the
project. Any substitution of subcontractors by Contractor must be first approved by the City
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and any cost savings will be reduced from Contractor's proposal amount. All subcontracts
must include all the terms and conditions of this Contract which will apply with equal force to
the subcontract as if the Subcontractor were the Contractor referred to in this Contract.
Contractor agrees that it is as fully responsible to City for the acts and omissions of its
subcontractors and of persons either directly or indirectly employed by them, as it is for the
acts and omissions of persons directly employed by Contractor.
29. RIGHTS AND REMEDIES: No provision in this Contract will be construed, expressly or by
implication, as waiver by the City of any existing or future right or remedy available by law in
the event of any claim of default or breach of Contract. The failure of the City to insist upon
the strict performance of any term or condition of the Contract or to exercise or delay the
exercise of any right or remedy provided in the Contract, or by law, or the City's acceptance
of and payment for materials or services, will not release the Contractor from any
responsibilities or obligations imposed by this Contract or by law, and will not be deemed a
waiver of any right of the City to insist upon the strict performance of the Contract.
30. OVERCHARGES BY ANTITRUST VIOLATIONS: The City 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 City any and all claims for such
overcharges as to the goods and services used to fulfill the Contract.
31. FORCE MAJEURE: Except for payment for sums due, neither party will 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 or delayed 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; acts of terror; hate crimes affecting public order; riots; strikes;
mobilization; labor disputes; civil disorders; fire; floods; lockouts; failures or refusals to act by
a government authority; events or obstacles resulting from a governmental authority's
response to the foregoing; and other similar occurrences beyond the control of the party
declaring force majeure which such party is unable to prevent by exercising reasonable
diligence.
If either party is delayed at any time in the progress of the work by force majeure, then the
delayed party will notify the other party in writing of the delay within forty-eight (48) hours
commencement thereof and will specify the causes of the delay. Such notice will be hand
delivered or mailed Certified -Return Receipt and will make a specific reference to this article,
thereby invoking its provisions. The force majeure will be deemed to commence when the
party declaring force majeure notifies the other party of the existence of the force majeure and
will 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. The time of completion
will be extended by Contract modification 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.
Force majeure will not include the following occurrences:
Solicitation No: RFP 318000002 Available online at Page 19 of 24
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A. 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 by a subcontractor unless the delay arises out of a force majeure
occurrence in accordance with this section.
32. INDEPENDENT CONTRACTOR: The Contractor acknowledges that all services provided
under this Contract are being provided as an independent contractor, not as an employee or
agent of the City. Both parties agree that this Contract is nonexclusive and that Contractor is
not prohibited from entering into other contracts nor prohibited from practicing his profession
elsewhere. It is clearly understood that each party will act in its individual capacity and not as
an agent, employee, partner, joint venture, or associate of the other. An employee or agent
of one party will not be deemed or construed to be the employee or agent of the other for any
purpose whatsoever. The Contractor is advised that taxes or Social Security payments will
not be withheld from any City payments issued under this Contract and that the Contractor
should make arrangements to directly pay such expenses, if any. The City will not provide the
Contractor with health insurance, life insurance, workmen's compensation, sick leave,
vacation leave, or any other fringe benefits. Further, Contractor acknowledges that it is
exempt from coverage of the Comprehensive Benefit and Retirement Act (COBRA). Any such
fringe benefits will be the sole responsibility of Contractor.
33. CONTRACT TERMINATION: Any contract entered into as a result of this Solicitation is for
the convenience of the City and as such, may be terminated without default by the City by
providing a written thirty (30) day notice of termination.
34. CANCELLATION: The City reserves the right to cancel the whole or any part of this Contract
due to failure by the Contractor to carry out any obligation, term, or condition of the Contract.
A. The City will issue written notice to the Contractor for any of the following:
a) The Contractor provides material that does not meet the specifications of the
Contract;
b) The Contractor fails to adequately perform the services set forth in the Contract;
c) The Contractor fails to complete the work required or to furnish the materials required
within the time stipulated in the Contract;
d) The Contractor fails to make progress in the performance of the Contract or gives
the City reason to believe that the Contractor will not or cannot perform to the
requirements of the Contract.
B. Upon notice, the Contractor will have ten (10) days to provide a satisfactory response to
the City. Failure on the part of the Contractor to adequately address all issues of concern
may result in the City resorting to any or all of the following remedies:
a) Cancel the Contract or any part thereof;
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b) Reserve all rights or claims to damages for breach of any covenants of the Contract;
c) Perform any test or analysis on materials for compliance with the specifications of
the Contract. If the results of any test or analysis find a material non-compliance
with the specifications, the actual expense of testing will be borne by the Contractor;
C. In case of default, the City reserves the right to purchase materials or to complete the
required work. The City may recover any excess costs from the Contractor by:
a) Deduction from an unpaid balance;
b) Collection against the proposal and/or performance bond; or
c) Any combination of the above or any other remedies as provided by law.
35. RIGHT TO AUDIT RECORDS: The City may, at reasonable times and places, audit the books
and records of any Contractor as related to any contract held with the City.
36. RIGHT TO INSPECT: The City may, at reasonable times, inspect the place of business of a
Contractor or Subcontractor which is related to the performance of any contract as awarded
or to be awarded.
37. WARRANTIES: Contractor warrants that all material, service, or construction delivered under
this Contract will conform to the specifications of this Contract. Mere receipt of shipment of
the material/service specified and any inspection incidental thereto by the City will not alter or
affect the obligations of the Contractor or the rights of the City under the foregoing warranties.
Additional warranty requirements may be set forth in the solicitation.
38. FINAL INSPECTION: All materials and services are subject to final inspection and
acceptance by the City. Materials 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. The City may elect by a written determination to do any
or all of the following:
A. Waive the non-conformance.
B. Stop the work immediately.
C. Bring material into compliance.
39. TITLE AND RISK OF LOSS: The title and risk of loss of material and/or service will not pass
to the City until the City actually receives the material or service at the point of delivery, unless
otherwise provided within this Contract.
40. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender of materials will fully comply
with all provisions of the Contract. If a tender is made which does not fully conform, this will
constitute a breach of the Contract as a whole.
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41. DEFAULT IN ONE INSTALLMENT TO CONSTITUTE TOTAL BREACH: Contractor will
deliver conforming materials in each installment of this Contract and may not substitute
nonconforming materials. Delivery of nonconforming materials or a default of any nature, at
the option of the City, will constitute a breach of the Contract as a whole.
42. LICENSES: Contractor will 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.
43. CITY OF SURPRISE BUSINESS LICENSE: Surprise City Code requires that all persons
conducting business in the City of Surprise must first obtain a license. This includes
businesses within the Surprise city limits, or those outside the limits who conduct business or
perform services within Surprise. For business license questions or to obtain a license, please
contact the City of Surprise (623) 222-3700 or visit the website at
http://surpriseaz.gov/1491/Business-Licensing
44. PUBLIC RECORD: All offers submitted in response to this solicitation will become the
property of the City and will become a matter of public record available for review, subsequent
to the award notification, in accordance with the City's Procurement Code and state law.
45. ADVERTISING: Contractor will not advertise or publish information concerning this Contract,
without prior written consent of the City.
46. PAYMENT: The City shall pay the Contractor monthly, based upon work performed and
completion to date, and upon submission of invoices. All invoices shall document and itemize
all work completed to date. The invoice statement shall include a record of time expended
and work performed in sufficient detail to justify payment.
47. FUNDING: Any contract entered into by the City of Surprise is subject to funding availability.
Fiscal years for the City of Surprise are July 1 to June 30. The City Council approves all
budget requests. If a specific funding request is not approved, the contract shall be
terminated.
48. NON -APPROPRIATION CLAUSE/FUNDING: Contractor understands that the continuation
of this Contract at any time, but especially after the close of the City's fiscal year, which ends
on June 30, will be subject to the City's budget providing for the Contract item as an
expenditure. The City cannot assure that the budget item for funding this Contract will be
approved in the future; as such assurance would be a legislative and policy determination of
the City Council. Should the funding of the Contract not be approved by City Council, City
may terminate this Contract. City represents that it intends to pay all monies due, if such funds
have been legally appropriated.
49. NON-EXCLUSIVE CONTRACT: Any Contract resulting from this solicitation will be awarded
with the understanding and agreement that it is for the sole convenience of the City of
Surprise. The City reserves the right to obtain like goods or services from another source
when necessary.
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50. SAFETY STANDARDS: All items supplied on this Contract will comply with the current
applicable Occupational Safety and Health Standards of the State of Arizona Industrial
Commission, the National Electric Code, and the National Fire Protection Association
Standards. The Contractor will be responsible for ensuring that OSHA safety standards are
met and acknowledges that Contractor has general supervisory authority over the worksite,
including the power to correct safety and health violations. This would include the power to
require subcontractors to correct violations of OSHA. Contractor is responsible for how
frequently and closely Contractor needs to inspect to meet OSHA standard of reasonable
care.
51. PROPOSAL QUANTITIES: It is expressly understood and agreed by the parties hereto that
the quantities of the various classes of work to be done and the material to be furnished under
this Contract, which have been estimated, are only approximate and are to be used solely for
the purpose of comparing, on a consistent basis, the proposals offered for the work. The
Contractor further agrees that the City will not be held responsible if any of the quantities will
be found 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 work as
estimated and the work actually done. If any error, omission, or misstatement is found to occur
in the estimated quantities, the same will not invalidate this Contract or the whole or any part
of the work in accordance with the Specifications and Plans, and for the prices agreed upon
and fixed, or excuse Contractor from any obligations or liabilities, or entitle Contractor to any
damage or compensation except as may be provided in this Contract.
52. FEDERAL FUNDING: It is the responsibility of the Contractor to determine on any project if
federal wage rates apply. It is also the responsibility of the Contractor to incorporate any
necessary amounts in the proposal to accommodate for required federal record keeping and
necessary pay structures
53. CONTRACT: The contract between the City and the Contractor shall consist of (1) the
Solicitation, including instructions, all terms and conditions, specifications, scopes of work,
attachments, and any amendments thereto, and (2) the offer submitted by the Vendor in
response to the solicitation. In the event of a conflict in language between the Solicitation and
the Offer, the provisions and requirements in the Solicitation shall govern. However, the City
reserves the right to clarify, in writing, any contractual terms with the concurrence of the
Contractor, and such written contract shall govern in case of conflict with the applicable
requirements stated in the Solicitation or the Vendor's offer. The Solicitation shall govern in
all other matters not affected by the written contract.
54. CONTRACT AMENDMENTS: This contract may be modified only by a written Contract
Amendment signed by persons duly authorized to enter into contracts on behalf of the City
and the Contractor.
55. CONTRACT APPLICABILITY: The Offeror shall substantially conform to the terms,
conditions, specifications and other requirements found within the text of this specific
Solicitation. All previous agreements, contracts, or other documents, which have been
executed between the Offeror and the City, are not applicable to this Solicitation or any
resultant contract.
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56. SECTION 3 AND MINORITYIWOMEN OWNED BUSINESS: The City of Surprise follows
federal law and policy when implementing federally funded programs such that suppliers of
goods or services to the City adhere to a policy of equal employment opportunity and
demonstrate an affirmative effort to recruit, hire and promote regardless of race, color, religion,
gender, national origin, age or disability. The City of Surprise will endeavor to ensure that
disadvantaged/minority/women-owned business enterprises and Section 3 qualified
businesses shall have opportunity to participate in providing professional services, goods, and
construction contracts without being discriminated against on the grounds of race, religion,
sex, age or national origin.
57. COOPERATIVE PURCHASING: Any contract resulting from this solicitation will be for the
use of the City of Surprise. In addition, specific eligible political subdivisions and nonprofit
educational or public health institutions may also participate at their discretion. In order to
participate in any resultant contract, a political subdivision or nonprofit educational or public
health institution must have been invited to participate in this specific solicitation and the
contractor must be in agreement with the cooperative transaction. In addition to cooperative
purchasing, any eligible agency may elect to participate (piggyback) on any resultant contract;
the specific eligible political subdivision, nonprofit educational or public health institution and
the contractor must be in agreement.
Any orders placed to the successful contractor will be placed by the specific agencies
participating in this purchase. Payment for purchases made under this agreement will be the
sole responsibility of each participating agency. The City will not be responsible for any
disputes arising out of transactions made by others.
58. PROTEST: The purchasing manager shall have the authority to receive formal protests
lodged in writing, specifically identifying the objection to the award of an invitation for bid (I FB),
request for proposals (RFP) or request for qualifications (RFQ), pursuant to the formal
purchase procedure. The protest must be submitted to the purchasing manager no later than
14 calendar days after notification of the intent to award. Untimely protests will not be
considered. Surprise City Code § 2-349
59. CONTRACT ORDER OF PRECEDENCE — In the event of conflict in the provision of the
Contract, as accepted by the City and as they may be amended, the following shall prevail in
the order set forth below:
a) Special Terms and Conditions
b) Standard Terms and Conditions
c) Statement or Scope of Work
d) Specifications
e) Attachments
f) Exhibits
g) Documents referenced or included in the Solicitation
h) Proposal Submittal including any ancillary / service contract
i) Purchase Order Terms and Conditions
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1. PURPOSE
SECTION 2
SCOPE OF WORK
The City of Surprise is seeking Proposal from qualified contractors interested in providing
equipment for special events for City budgeted and sponsored Special Events.
Two (2) to three (3) companies may be placed on contract.
2. OVERVIEW
The City of Surprise produces annual community events that celebrate a variety of holidays
and attracts mostly local Arizona residents, with a large majority of families of all ages. These
events include but are not limited to the July 4th Celebration, Spring Training, Fiesta Grande,
Eggstravaganza, Surprise Party, Family Fun Day, and Veterans Day Parade. The events are
held at the Surprise Recreation Campus as well as various parks and locations within City
limits. Events can range in size from 150 participants at smaller events to the large City events
drawing 25,000+.
The City wishes to create and promote more special events that encourages a sense of
community that is welcoming and friendly, and events that draw the greater community
together to enjoy a variety of activities that may include headline musical acts, dance
performances, children's activities, including cultural and art exhibits.
3. PERIOD OF SERVICE
Contractor's services shall be requested and performed on an as -needed basis.
The contract will become effective upon contract execution, and will be in effect for one (1)
year, and, if mutually agreed upon by both parties, may be extended for up to (4) additional
years per the Special Terms and Conditions of the RFP. Contractors shall perform services
in accordance with the schedule(s) provided by City staff. Failure on the part of Contractors
to adhere to such work schedule(s) shall be sufficient grounds for cancellation of their contract.
It is the intent of the City to create multiple source contracts that will fulfill the need for a variety
of event sound, power, lighting and staging needs. Contractors may offer services for all or a
specialty subset of the items listed in the Scope of Work. The selected contractors will be
awarded contracts, which will be extended per Section 3, paragraph 2.
No selected contractor is guaranteed a project. The City reserves the right to waive use of the
selected contractors where, in the City's judgment, other selection methods may be more
appropriate.
Once the City awards an "on-call" contract to multiple qualified contractors, authorized City
staff will contact the contractor whose service offerings most closely match the services
needed for a particular project. Those selected contractors will be asked to provide a price
quote for the project at hand.
Solicitation No: RFP 318000002 Available online at Page 8 of 24
Special Events Equipment Rentals https://www.surpriseaz.gov/bids.aspx
SURPRISE
ARIZONA
4. BUDGET AND SCHEDULE
SECTION 2
SCOPE OF WORK
The City of Surprise estimates the total annual expenditure under this contract to be between
$150,000 - $300,000 annually. This number is an estimate only. Expenditures are made per
individual event, on an as -needed, if -needed basis, not in one lump sum.
The following is a list of anticipated events throughout the year where the City anticipates
requiring the services outlined herein. Events may be added or removed at the sole discretion
of the City.
• Spring Training — Annually month of March (February set-up)
• Eggstravaganza —Annually in March or April
• Second Sundays in the Park — Six (6) events annually
• July 4th — Annually
• Fiesta Grande- Annually in October
Family Fun Day- Annually in October
• Veterans Day Parade- Annually in November
• Surprise Party — Annually in December
Tennis Tournaments — varies throughout Spring and Fall
• Additional events as needed
5. REQUIREMENTS
Contractors will be required to provide for the order, delivery, planning, placement and
removal of rental equipment as requested. All special events equipment will be used for
various public events and meetings. To accommodate a variety of potential uses, various
types of equipment such as tents, tables, chairs, linens, fencing, turf, lighting and staging
equipment may be needed. The City will coordinate for any City services that may be needed
at the event (i.e. police, fire, trash).
A. Contractor Responsibilities.
1) Plan, coordinate and procure logistics for the event, including but not limited to:
• Sound and audio equipment
• Stage, lighting and related equipment
• Lighting and/or sound technicians, etc.
• Live feed and recorded video and display services
• Tenting for events
• Power generation equipment and associated cables, spider boxes and
power distribution and supply equipment.
Securing logistical rental equipment — portable toilets, cable ramps,
barricades, closure signs, fencing, portable light towers, portable halo
or moon lighting, chairs, tables, etc. Whether all of these items need to
be utilized will depend on the venue.
• Set up and tear down staff for contracted equipment and services.
Solicitation No: RFP 318000002 Available online at Page 9 of 24
Special Events Equipment Rentals https://www.surpriseaz.gov/bids.asox
SECTION 2
U R P R I S E
ARIZONA SCOPE OF WORK
• If the event is at the Surprise Recreation Campus, the event manager
must work with the contracted food/beverage vendor.
• If the event is at the Surprise Recreation Campus, the event manager
must work with Surprise Recreation Campus Supervisor to ensure field
integrity and playing surface protections.
2) Attend and support the City of Surprise at each event.
3) Serve as the liaison between equipment supplier and City of Surprise while
remaining on site during each event.
B. General Procedures. The following general procedures will be followed by all
contractor personnel:
1) Contractor event personnel shall be neatly attired in a professional
appearance to include acceptable uniforms, consisting of proper
identification and company name/logo. Design of such uniforms shall be
subject to City's approval.
2) Contractor Communication
• It is important that all contractor personnel who are assigned be
sufficiently proficient in the English language to effectively communicate
with City event staff, volunteers and guests at all times.
• Key personnel shall have a business or cellular phone number where
they can be contacted and shall respond.
6. MISCELLANEOUS REQUIREMENTS
A. The City will issue the Contractor an annual schedule of events, however, the City
reserves the right to make changes to the proposed schedule including adding and/or deleting
entire events or modifying the scope of the event to be larger or smaller than anticipated. The
City shall make the best effort to remain constant with estimated quantities. Contractor must
have sufficient reserve and have the capacity to add additional equipment on short notice of
12 to 24 hours.
B. Requests for equipment rentals shall be made by phone, fax, or email. The Contractor
shall send an order confirmation to the City within 24 hours of the initial request. The City shall
make equipment requests approximately 14 days and up to 18 months' advance.
C. The Contractor shall advise the City on equipment availability, confirm each rental,
schedule and obtain all inspections and permits, and schedule setup and takedown of all
equipment ordered under this contract. The Contractor shall provide the day and evening
phone number(s) for emergency communications purposes of the company representative
that will be responsible for each event. If a change in the company representative occurs, the
Contractor shall immediately notify the City.
Solicitation No: RFP 318000002 Available online at Page 10 of 24
Special Events Equipment Rentals https://www.surpriseaz.gov/bids.aspx
,r
SURPRISE
ARIZONA
SECTION 2
SCOPE OF WORK
D. Contractor and the City will work together to develop a plan indicating placement of the
items per event and a "walkthrough" will be needed by the vendor to establish measurements,
diagram placement. Contractor will work with the City to make any recommendations or
changes to scope of work prior to the event.
E. The Contractor shall furnish all labor, materials, equipment, insurance, and obtain and
coordinate permits to perform all work as described and required for the provision of tent and
accessory rentals. Copies of insurance certificates naming the City as an additional insured
shall be submitted to the City prior to the start of any work.
F. All materials, supplies, and equipment required to provide services shall be at the sole
cost and expense of the contractor and considered a cost of doing business. If the Contractor
wishes to install additional equipment at a location, or make modifications to the site, prior
approval must be given by the Community & Recreation Services Director or designee.
G. The Contractor shall have sufficient number of staff to render quick and efficient service
to patrons.
H. Special event equipment shall contain all materials and supplies necessary to remain in
working order for the duration of the rental. Replacement of any components shall be the
responsibility of the Contractor and be inclusive of the original rental fee. Requests for
response due to storm or crowd damage shall be fulfilled within two hours of the initial request.
If unable to perform within that timeframe, City reserves the right to work with outside
companies to remedy. Costs associated with remedy will be reimbursed to City by Contractor.
I. The canopies and other special event equipment are subjected to crowd traffic and must
withstand heavy use. The equipment may also be used for food serving situations, including
food preparation and a sporting venue and subject to contact with sports equipment.
J. Canopies shall be setup on streets or in park areas, secured with sandbags, water barrels,
concrete blocks or stake tie -downs. Setup options and times shall be at the full discretion of
the City. Any tents over 400 sq ft that are not able to be staked will need engineering to show
anchoring requirements.
K. Equipment takedown must commence immediately following the close of the event and
must be completed by 8 a.m. (Phoenix time) the following day unless other arrangements
have been previously agreed upon or special permission has been granted. Some events
may last until 10 p.m. If special permission is granted by the City to extend the amount of
time rental equipment remains on City property beyond the original agreed upon term, City
will not be responsible for loss or damages that may occur. Site security will become the
responsibility of the rental company.
Solicitation No: RFP 318000002 Available online at Page 11 of 24
Special Events Equipment Rentals httos://www.surpriseaz.gov/bids.aspx
P,/tji,c ��s�- -- py-b Em
Tents, Fencing, Tables, Chairs & linens
Equipment Description
Approximate Quantity
Per Year
Unit Price
Tents w/ W or 10' Legs (include price for shims or leg platforms to protect the turf)
10' x 10'
100
$100.00
10'x 20'
10
$155.00
10'x 30'
$225.00
15'x 40'
2
$383.76
20'x 20'
10
$220.00
20'x 30'
$330.00
30'x 30'
$495.00
40'x 40'
2
$880.00
40'x 60'
2
$1,320.00
80' x 100'
$5,200.00
80'x150'
3
$7,675.06
Exit Signage
$100.00
Fire Exits
$100.00
Sandbags
$2.25
Concrete Blocks
$110.25
Fire Package
$100.00
Water Barrels (covered)
$20.00
Pipe (by linear foot)
$4.95
Other (specify)
Festival Tents w/ 8' or 10' Legs (include price for shims or leg platforms to protect the turf)
10' x 10'
100
$98.39
10'x 20'
10
$191.88
20'x 20'
10
$243.66
20'x 30'
$383.76
30'x 30'
$575.63
40'x 40'
2
$944.63
Other (specify)
Sidewalls (by linear foot)
8' high (clear or opaque)
$1.30
10' high (clear or opaque)
$3.75
30' concession walls
$1.30
Equipment Description
Approximate Quantity
Per Year
Unit Price
Windowed
$2.50
Sliding with cables
$30.00
Door- Clear
$25.00
Door- Windowed
$54.12
Door- Glass
$500.00
Other (specify)
Lighting Fixtures
Indirect
.15/ s.f
Fluorescent
$20.67
Halogen (list wattage)
$21.00 (250 w)
Halogen (list wattage)
$22.00 (500w)
Chandelier
$52.50
Other (specify) Ext Cord
Ext Cord
$15.00 (100') $10.00 (50')
Stanchions
White, plastic
$9.50
6' or 8' white plastic chain
$0.01
Other (specify)
Fencing (by linear foot) (includes posts and corners)
Heavy duty wood or plastic lattice
2,500 ft
$25.20
Chain link
$0.85
Gates
$30.00
Other (specify)
Flooring (by square foot)
Wood
$ 2.00
Astroturf (black and green)
$0.65
Dance Floor- Black (30 x 40)
2
$18.00 per 3'x4' section
Dance Floor- Wood (30 x 40)
2
$16.00 per 3'x4' section
Carpet
n/a
Other (specify)
Staging
4'H Stage Skirting
$18.00 (12'x4' Black)
121 x 12'W x 24"H
2
$324.00
161 x 16'W x 32"H
$576.00
201 x 20'W x 48"H
$1,652.00
20'L x 32'W x 24"H
2
$1,440.00
Equipment Description
Approximate Quantity
Per Year
Unit Price
241 x 32'W x 32"H
3
$1,728.00
Stairs
$12.50
ADA Ramp
$550.00
ADA Lift
n/a
Handrails
$20.00
Other (specify)
Drapes (list size & color)
Option: (black,blue,silver,red,gold,ivory &teal) 3' or 8' tall
$4.95/ft
Option: (black velour) 13' tall
$10.00/ft
Option: (black velour) 18'tall
$18.50/ft
Other (specify)
Portable Bar for Alcohol & Beverage Service
Portable Bar
2
$84.50
Other (specify)
Tables
6'x 30" Banquet
50
$8.50
8'x 30" Banquet
500
$9.00
36" Round
$8.00
60" Round
200
$9.50
60" 1/2 Round
$12.00
48" Round
$8.00
72" Round
600
$12.25
120"Round
n/a
36" Round (cocktail and/or high -tops)
60
$10.00
Picnic Table
50
$41.34
60" Cover
$5.75
48" Cover
$5.75
36" Cover
$5.75
Set up/Take down fee per table
$2.60
Other (specify)
Linens (Colors required: Black, Red, White, Royal Blue- additional colors may be requested)
72" Round
$9.00
96" Round
$9.00
120" Round
30
$15.50
132" Round
70
$16.75
Equipment Description
Approximate Quantity
Per Year
Unit Price
90" x 132" (Oblong or Round)
20
$16.50
90" x 153" or 156" (Oblong or Round)
50
$17.50
Other (specify) Linen Set Up
$1.16
Chairs ,
Wood- Folding
$3.25
Plastic- Folding
300
$1.05
Cafe Vienna or Bistro
$2.25 (White)
Plastic- Non -folding
$2.25
Samsonite
$1.25
Black Bar Stool
20
$16.49
Metal
n/a
Set up/Take down fee per chair
$0.69
Other (specify) Resin
$2.50 (White) $2.75 (Black)
Generators & Light Towers
Equipment Description
Approximate Quantity
Per Year
Unit Price
Generators
20 kW
15
$80.00
36 kW
10
$120.00
66 kW
5
$150.00
100 kW
$180.00
125 kw
$204.17
150 kW
$225.00
176 kW
$265.00
320 kW
$400.00
Cables 6/4 50'
$10.00
Cables 6/4 100'
$20.00
Cables 4/0 50'
$10.00
Distribution Panels
$35.00
Spider Boxes
$25.00
Jumpers
$5.00
Cable Ramps
100
$7.25
ADA Cable Ramps
15
$18.00
Fuel Charges- Fluctuates w/ Market Cost
$7.88
Delivery/Pick up
$157.50
Other (specify)
Light Towers
Light Towers
100
$92.00
Delivery/Pick up
$157.50
Other (specify)- Rollback Delivery for muliple light towers
$262.50
Portable Heaters (list size & type)
Umbrella Heater
2
$85.00
Box Blower Heaters
80,000 btu $105.00/ 170,00
Propane tank
5 gal $24.00/ 25 gal $100.0(
Portable A/C or Swamp Cooler (list size & type)
Port O Cool
$160
5 Ton A/C
$500
Equipment Description
Approximate Quantity
Per Year Unit Price
Other (specify)
Refrigerators/Freezers (list size)
Refridgerator 23cu FT
$168
Freezer 23cu Feet
$204.75
Other (specify)
Audio Visual Services
Equipment Description
Approximate Quantity
Per Year
Unit Price
Sound .
Live Sound Package for a Band (audience of approx 6,000)
4
$2,000.00
Live Sound Package for a Band (audience of approx 1,000)
2
$825.00
Live Sound Package for a DJ
2
$565.00
Sound Package for a press conference
$565.00
Set up/Take Down for A/V Services
68.30/h r
Technical Labor for A/V Services
68.30 r
Delivery/Pick up
$157.50
Other (specify): PA System-$275.00 (2 Speaker), $385.00 (4 Speaker)
Large/small Presidental Clean/Restock $550.00-Large/$250.00 Smz
Restroom Attendant per hour $35.65
Restroom Services
Equipment Description
Approximate Quantity
Per Year
Unit Price
Restroom Facilities
ADA Accessible Portable Toilet
20
$125.00
Portable Toilet
70
$75.00
Hand Sanitizer (if not included)
Large Presidential Restroom Trailer
1
$1,346.00
Small Executive Restroom Trailer (3 Men's, 3 Woman's)
1
$626.00
Other (specify)
Porter Services
Ecology Service Trip
$100.00
Ecology Service per toilet
$15.00
Large/small Presidental Clean/Restock $550.00-Large/$250.00 Smz
Restroom Attendant per hour $35.65
additional Fees & Charges
Unit Price
Additional Fees & Charges/ PER TRUCK
Timed set-up fees
Additional $105
Timed tear -down fees
Additional $105
After/Before Hour Delivery or Pickup
Additional $105
Holiday Pickup/Delivery
Additional $105
Rollback delivery/Power Delivery
Rollback $262.50/131
Damage Deposit Policy & Fees- Please describe
No Damage Deposit Required/Damage waiver fee will be waived upon proof of PRO EM Operations LLC added as
additionally insured on a General Libaility Insurance Certificate
Multiplier rates for weekly and monthly rentals
Tents/Tent Components: 1.25x Rate (Per Week), 2x Rate (Per Month)
Tables & Chairs: 2 x Rate (Per Week), 4x Rate (Per Month)
Generators, Light Towers & Restroom Trailers: 3 x Rate (Per Week), 3 x Week Rate (Per Month)
Audio: 2 x Rate (Per Day) 2 days x 2, 3 days x 3 etc.
ewer $157.50
City of Surprise RFP -318000002
August 23, 2017
Cyndi Hawk, CPPB
City of Surprise
Purchasing Division
16000 North Civic Center Plaza
Surprise, AZ 85374
Re: City of Surprise RFP 318000002- Special Event Equipment Rental
Dear Cyndi Hawk:
PROl, IM
On behalf of PRO EM, thank you for this opportunity. Please find enclosed our response for the
City of Surprise RFP 318000002- Special Event Equipment Rental. We understand the scope,
the requirements, and agree to all terms as outlined in the RFP.
If awarded the contract all services will be provided from our Phoenix location at:
PRO EM Party & Event Rentals
1450 East Grant Street
Phoenix, AZ 85034
Office Hours: 8:00 AM to S:OOPM Monday through Friday
24 Hour On -Call Event Staff
Since 1987, PRO EM has met the demanding, ever-changing needs of the special event
industry. Today we are the largest Event Support Company in the Southwest United States.
PRO EM is currently the single point of contact for events of all sizes and scope, including the
Waste Management Phoenix Open, PGA, Country Thunder, Arabian Horse Show, Russo &
Steel, Arizona State University, and many more.
The unique ability to offer virtually every possible service with unsurpassed experience, diverse
skills and a mass of resources allows PRO EM to separate itself from the competition. No
matter what the event, regardless of size, we become the only resource you need, a one stop
show. We handle the event's operational challenges and take a great deal of pride in the fact
that we not only make an event happen, but make it turn -key and very successful.
We look forward to a great working relationship with your organization.
Sincerely,
Shane Stirmers
Chief Operating Officer
PRO EM Party & Event Rentals
S`[IRPRISE
ARIZONA
RFP 318000002
Special Events
Equipment Rental
Procurement Division
16000 N. Civic Center drive
Surprise, Arizona 65374
Phone: (623) 222-3700
Fax:(623) 222-3701
PAST PERFORMANCE VERIFICATION EVALUATION SUBMITTALS
LIST OF THOSE AGENCIES OR FIRMS WHO WILL BE SUBMITTING EVALUATIONS TO CITY
Please list the agency or Company name, address, phone number and contact information for the companies that will be
providing the Past Performance Verification Form. It is the responsibility of the Offeror to ensure that Surprise receives
all of the Past Performance Verification Forms prior to the RFP submittal deadline.
Failure to provide evaluations by date and time specified will result in no score for that specific evaluation.
Agency I : Schneider -Yates and Associates
Contract: Judi Yates
Address: 4071 W Linda Lane
Chandler, AZ
Phone: 602-908-4448
Email: Judi@eventsbysya.com
Agency 2 : Fountain Hills Chamber of Commerce
Contract: Sharon Morgan
Address: P.O. Box 17598
Fountain Hills, AZ
Phone: 602-431-6444
Email: pborchardt@arizonagrandresort.com
Agency 3 : Heard Museum
Contract: Joel Muzzy
Address: 2301 N Central Ave
Phoenix, AZ 85004
Phone: 480-563-5574
Email: joelmuz@hotmail.com
Solicitation No: RFP 318000002
Special Events Equipment Rentals
Available online at
httvs://www.surpriseaz.aov/bids.aspx
0
Page 2 of 2
I
Offerorl Company Narne:PRO EM Operations LLC
An Offeror that takes exceptions to a material requirement of any part of this solicitation,
including Terms and Conditions, may be cause for rejection
Offerors are to indicate below any exceptions they have taken to the Specifications:
ATTACH ADDITIONAL SHEETS AS NECESSARY.
RFP 318000002
Procurement Division
16000 N. Civic Center Drive
Special Events
Surprise, Arizona 85374
SURPRISE
Equipment Rental
Phone, (623) 222-3700
A R I ZO ANA
I
I Fax:(623) 222-3701
Offerorl Company Narne:PRO EM Operations LLC
An Offeror that takes exceptions to a material requirement of any part of this solicitation,
including Terms and Conditions, may be cause for rejection
Offerors are to indicate below any exceptions they have taken to the Specifications:
ATTACH ADDITIONAL SHEETS AS NECESSARY.
J
Offeror/ Company Name: PRO EM Operations LLC
1, SURPRISE BUSINESS LICENSE
Attach is a copy of City of Surprise Business License
0 Offeror does not currently have a City of Surprise Business License, but will obtain and
��// provide a copy upon contract award.
2. MINORITY BUSINESS/ WOMAN OWNED BUSINESS (MBWE)
Has your firm been certified by any jurisdiction in Arizona as a minority or woman owned
business enterprise?
0 Yes C No
If yes, please provide details and documentation of the certification.
3. LOCAL VENDOR
Does your firm meet the definition of a Local Vendor?
"Local Vendor" is defined as having its headquarters, distribution point or locally -owned
franchise located within the city limits; City of Surprise business license; and pays City of
Surprise TPT Tax.
0 Yes No
QUESTIONAIRE
Procurement Division
RFP 31$000002
16000 N. Civic Center Drive
S U R P R I S E
Special Events
Surprise, Arizona 85374
Phone: (623) 222-3700
AR' ZO I A
Equipment Rental
Fax:(623) 222-3701
Offeror/ Company Name: PRO EM Operations LLC
1, SURPRISE BUSINESS LICENSE
Attach is a copy of City of Surprise Business License
0 Offeror does not currently have a City of Surprise Business License, but will obtain and
��// provide a copy upon contract award.
2. MINORITY BUSINESS/ WOMAN OWNED BUSINESS (MBWE)
Has your firm been certified by any jurisdiction in Arizona as a minority or woman owned
business enterprise?
0 Yes C No
If yes, please provide details and documentation of the certification.
3. LOCAL VENDOR
Does your firm meet the definition of a Local Vendor?
"Local Vendor" is defined as having its headquarters, distribution point or locally -owned
franchise located within the city limits; City of Surprise business license; and pays City of
Surprise TPT Tax.
0 Yes No
r, Procurement Division
�'� COLLUSION Procurement
N. Civic Center Drive
AFFIDAVIT Surprise, Arizona 85374
S U R P R I S E. Phone: (623) 222-3700
ARIZONA RFP 3'i $����i�}Z Fax: (623) 222-3701
RFP 398000002 Special Events Equipment Rental
State of Arizona )
)SS.
County of Maricopa )
Shane Stirmers
(Affiant/Name of person signing this affidavit)
(Title)
Of PRO LM Operations LLC
(ContractortOfferor)
declares under oath:
I am authorized to submit the enclosed bid. The bid is genuine and not a sham or collusive, nor made in
the interest of any other person or entity. Offeror has not, directly or indirectly, entered into any agreement
whereby different Offerors on any project for the City agree either as to who is to be the low Offeror, or as
to the amount of any bid or any part of any bid, or otherwise taken any action in restraint of free and
competitive bidding. Offeror has not disclosed its sealed bid amount to any other Offeror, person, firm or
corporation in the same business doing business in this State, or known to the person disclosing the figures
to be likely to submit a bid for the same project before the bids are opened. All statements contained in the
bid and in this affidavit are true and correct.
(Signature of Affiant)
/
SWORN TO BEFORE me this oiek� day of V -4— 20 in the County
Madcopa, State of Arizona, by Qr'tcY�-c f
JULIE CELESTE 1'OY115
My Commission Ex �.
�# C4
�r
Mary Publicn.�2r,aot�
�? Participation if Procurement Division
i ..•.'�- 16000 N, Civic Center Drive
Boycott of Israel Surprise, Arizona 86374
S U R P R T S E Phone: (623) 222-3700
ARIZONARSP 318000002 Fax:(623) 222-3701
All materials submitted as part of a response to a solicitation are subject to Arizona public records law and will be
disclosed if there is an appropriate public records request at the time of or after the award of the contract.
Recently legislation has been enacted to prohibit the city from contracting with companies currently engaged in a
boycott of Israel. To ensure compliance with A.R.S. §35-393.01, this form must be completed and returned with
the response to the solicitation and any supporting information to assist the City in making its determination of
compliance.
As defined by A.R.S. §35-393.01:
1. "Boycott" means engaging in a refusal to deal, terminating business activities or performing other actions that
are intended to limit commercial relations with Israel or with persons or entities doing business in Israel or in
territories controlled by Israel, if those actions are taken either:
a. In compliance with or adherence to calls for a boycott of Israel other than those boycotts to which
50 United States Code section 4607(c) applies.
b. Ina manner that discriminates on the basis of nationality, national origin or religion and that is not
based on a valid business reason.
2. "Company" means a sole proprietorship, organization, association, corporation, partnership, joint venture,
limited partnership, limited liability partnership, limited liability company or other entity or business association,
and includes a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate.
3. "Direct holdings" means all publicly traded securities of a company that are held directly by the state treasurer
or a retirement system in an actively managed account or fund in which the retirement system owns all shares
or interests.
4. "Indirect holdings" means all securities of a company that are held in an account or fund, including a mutual
fund, that is managed by one or more persons who are not employed by the state treasurer or a retirement
system, if the state treasurer or retirement system owns shares or interests either:
a. together with other investors that are not subject to this section.
b. that are held In an index fund.
5. "Public entity" means this State, a political subdivision of this STATE or an agency, board, commission or
department of this state or a political subdivision of this state.
6. "Public fund" means the state treasurer or a retirement system.
7. "Restricted companies" means companies that boycott Israel.
8. "Retirement system" means a retirement plan or system that is established by or pursuant to title 38.
All: offerors must select one of the following:
My company sloes not participate in, and agrees not to participate in during the term of the contract a
boycott of Israel in accordance with A.R.S. §35-393.01, 1 understand that my entire response will
become public record in accordance with A.A.C. R2-7-0317.
My company does participate in a boycott of Israel as defined by A.R.S. §35-393.01..
By submitting this response, proposer agrees to indemnify and hold the State, its agents and employees,
harmless from any claims or causes of action relating to the State's action based upon reliance on the above
representations, including the payment of all costs and attorney fees incurred by the State in defending such an
action. -4t
PRO EM Operations LLC
Company Name Signature of Person Authorized to Sign
1450 East Grant Street Shane Stirmers
Address Printed Name
Phoenix AZ 85034 COO
City state Zip
11es.—i- CERTIFICATE OF LIABILITY INSURANCE
DATE (MM;DOIYYYY)
812112017
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rltlhts to the certificate holder in lieu of such endorsement(s).
PRODUCER
Lovitt & Touche' inc -Tempe
1050 West Washington St, #233
Tempe AZ 85289
CAON'rr Taml Lane
PHONE 602-956.2250 FAx 602-956-2258
E-11AIL . tiane_@Iovitt-touche.com
INSURER(S) AFFORDING COVERAGE NAIL P
Y
INSURER A. SCOttsdale Indemnity Company
SC10000440
INSURED PROEM -1
INSURER B:CO erPOint General Insurance Company 13043
INSURER c tFederal Insurance Company 20281
Pro EM Operations, LLC; Pro EM Holdings, LLC
Pro EM Acquisition, LLC
1450 E. Grant St.
INSURER o:Llbeqy Mutual Insurance Co 23043
Phoenix AZ 85034
INSURER E:
INSURER F
n wncc nMorrcl.+ATL a1IIIsloro 4.4f1f3V_V417H RFVI_CI11IN UIIMRFR-
yTHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTv'11THSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERPAS,
EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSRi
TRI
TYPE OF IN
I
POLICY NUMBER
POLICYEFF
mo
PDLICYEXP
M!D
LIMITS
A
X COMMERCIAL GENERAL LIABILITY
Y
Y
SC10000440
711/2017
7/1!'201$
EACHOCCURRENCE S1 600.000
7 C'LAIMS.MADE a OCCUR
DAMAGE To
PREMISES N N,nce) $100,000
MED EXP (Any one Penson) $O
PERSONAL & AOV INJURY 51,000,000
I
GEN'L AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE $2,000,000
PRODUCTS-COMPIOPAW $2,000,000
P11 POLICY❑ OEC* ED LOC
GarygeReepers S1,00o,000
OTHER:
D
AUTOMOBILE LIABILITY
Y
A52Z91467S37G77
711/2017
711/2018
LE LI 1i 51,000,000
IEa a ddant NNG
8DOILY INAIRY(Per parson) S
X ANY AUTO
BODILY INJURY( Per acciddant)AUTOS L
OWNEDONLY SCI -IES DLILED
HIRED ONLY X AONOD$1
X UTCNLY
Per astident�AA G
S
A
UMBRELLALLAS
X
OCCUR
Y
XLIDOD5151
711/2017
71112018
EACH OCCURRENCE $4,060,000
AGGREGATE .$4,000,000
X
EXCESS LIAB
CLAIMS -MADE
DED I X I RETENTION 50
S
1
1
B
WORKERS COMPENSATION
AND EMPLOYERS" LIABILITY
ANY PROPRIETORPARTNERIEXECUTpVE YIN
Y
1018381
6/2112017
6x2112018
X WA &�
E.L. EACH ACCIDENT 51,000,600
E.L. DISEASE -EA EMPLOYEd 51,000,000
OFFJCFR EMBERE3(CLUOED7 El
(Mandatory in NH)
NIA
Et,, DISEASE. POLICY LIMB I S1 0W,000
n m dascwe and r
DESCRIPTION OF fOPERATiONSbf* w
A
LeasedlRented Equipment
06764863
BCI43CO940
711/2017
71112017
711/2018
71112018
Limit 1,000,000
Deductible 10,606
Security Guard E$O
1]
Occurrence 1,000,D00
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD Jai, Additional Remarks Schedule, maybe ahached ifmore space Is required)
Certificate holder and owner (if applicable) are additional insureds as respects general liabillty, automobile liability, and excess liability it
required in a written contract. Waiver of Subrogation applies to the general liability, automobile liability and workers compensation if required
in a written agreement. The general liability insurance is primary and non-contributory if required by written agreement.
RE: Request for proposal 318000002
City of Surprise
Purchasing Division
1840 North Civic Center Blvd
Surprise AL 85374
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS,
AUTHORIZED
t91Vt$tI-ZU13 AUU" L;UIi1"UKAI RUN. Aa rlgnis reservea.
ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13
(Ed. 4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce
our right against the person or organization named in the Schedule, (This agreement applies only to the extent that
you perforin work under a written contract that requires you to obtain this agreement from us.)
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
Blanket Waiver: Anyone for whom you have agreed to provide this Waiver subject to the terms of this endorsement.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The Information below Is required only when this endorsement Is issued subsequentto preparation of the policy.)
Endorsement Effective 0612112017 Policy No. 1018391
Insured Pro Em Operations LLC
Insurance Company CopperPoint General Insurance Company
WC 00 0313
(Ed. 4 -84)
01983 National Council on compensation Insurance.
Endorsement No. 1
Premium$ 500 //))
Countersigned by r�J^^" �7
L•
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City of Surprise Request for Proposal 318000002
Special Event Equipment
PR0 At� IM[4[III I V, [N 1W
1450 East Grant Street • Phoenix. Arizona 85034 480-501.0999 mvw-PROEM.Drg
City of Surprise RFP -318000002
PR04�.([M
The above photos demonstrate several aspects of the concepts identified in the RFP.
These details include:
• Staging
• Canopy Tenting
• Lattice Fencing and Barricades
• Raised Flooring
4 Stairs and Handrails
• Signage
• Lighting Packages
• Audio/Visual Equipment
• VIP Area Including Tables, Chairs and Linens
• Umbrellas
2
City of Surprise RFP -398000002
The above photos demonstrate several aspects of the concepts identified in the RFP.
These details include:
• Structure
• Decor
• Stairs and Handrails
• Turf
• VIP Area/ Custom Furniture
Stanchions
Heaters
AudioNisual Equipment
Lighting Packages
Signage
City of Surprise RFP -318000002
The above photos demonstrate several aspects of the concepts identified in the RFP.
These details include:
• Canopy Tent (60' x 40', 10' x10')
• Tables
• Linens
• Decor Lighting
• Signage/ Way -Finding Structure
• Large Band Staging
• Heaters
• Customized Trash Boxes
• Entertainment Equipment
4
City of Surprise RFP -318000002
PRO [M
The above photos demonstrate several aspects of the concepts identified in the RFP.
These details include:
• Event Retreat/ Portable Restroom
• Recycle Boxes
• Risers
• Bleachers
• Canopy Tenting
• Lattice Fencing
• Heaters
• Turf/Carpet
• Event Staffing
City of Surprise RFP -398000002
11'
The above photos demonstrate several aspects of the concepts identified in the RFP.
These details include:
• DJ Equipment
• Entertainment Packages including Lighting, PA Systems, Projector, Video Equipment
• VIP Decor
• Table Settings
• Clear Sidewall
• Lighting Fixtures
• Chairs (Chiavaris, Chair covers, Sashes)
• Truss
• String Lights
City of Surprise RFP -318000002
CONTRACTORS EXPERIENCE
11'
Founded in 1987, PRO EM, based in Phoenix with satellite locations in Tucson, Los
Angeles, and Chicago has managed high profile sporting events, corporate/charitable
galas and festivals in venues throughout the United States. PRO EM and its event
management team has produced or participated in events for Arizona State university,
Political Administrations, The PGA, Arabian Horse Show, Russo & Steel, Final Four, the
Waste Management Open, and many more.
The PRO EM portfolio of services and products includes:
• Event management, production and consulting
• Personnel — security, valet, parking, ushers and transport services
• Tents & Structures
• Fencing, barricades and lattice
• Event furniture, including tables, chairs, linens, china
• Portable power, restrooms and high-end event retreats
• Theatrical sound and lighting
• Custom Apparel, event signage and brand creation
All PRO EM equipment is carefully managed by a staff of experienced workers to
maintain the use of the items while meeting the highest quality standards. All
warehouse workers complete specialized training to ensure items in their areas are
cleaned, stored, and transported correctly. PRO EM staff has worked tirelessly to
achieve success through long hours, trial and error and delivering on our commitment to
provide the highest quality services in the events industry.
A big part of PRO EM's success is the depth, knowledge and continual training of all
personnel. At any given Event, PRO EM's staff includes Laborers, Drivers, Event
Managers, Project Managers, Specialized Equipment Professionals and Account
Executives.
City of Surprise RFP -318000002
KEY PERSONNEL
The key personnel that will be assigned to The City of Surprise Events include, but are
not limited to the following:
Brent Mabb - PRO EM Senior Account Executive
Brent Mabb has over 24 years of experience in the Event Industry. He specializes in event and
party rentals focusing on consulting and planning. Brent's hands-on approach to planning and
"day of details makes him an essential part of our PRO EM Team. Brent has worked many high
profile events with clients such as NBA All Stars, Heard Museum, Scottsdale Dog Fanciers and
The Fountain Hills Chamber of Commerce.
Robert Busby - Senior Project Manager
Starting in the rental business in 1986 for a small party rental store, he was exposed to all parts
of the party rental business from delivery and installation, warehouse and dispatch, event
planning and sales, and even store management. In 1996, Robert went to work for Arizona
Tents and Events, which later merged with PRO EM, as Operations Manager and Project
Manager for many national events including, The Phoenix Open Golf Tournament, NASCAR,
LPDA events, US Seniors Open, Car Shows and Sales, Political Events, Military Exercises,
local festivals, charity events, sporting events, weddings, and even the back yard party. Robert
is an expert in rental equipment uses and correct installation. He enjoys taking the customers'
vision of their event and matching it with correct rental equipment and creative installations to
best fit their vision and needs.
8
City of Surprise RFP -318000002
Pricing Additions
Deliveries/Pickup- Per Truck
Delivery/Pickup Surprise
Specified Time Delivery
Specified Pickup Delivery
After/Before Hour Delivery or Pickup
Holiday Pickup/Delivery
Power Delivery
Rollback Delivery/Pickup
Forklift (Required for pole tents and concrete blocks)
Labor
Standby Labor
Technical/Power Labor
$'157.50
$105.00 additional
$105.00 additional
$105.00 additional
$105.00 additional
$157.50
$262.50
$787.50
$52.09/hr
$68.30/hr
Permits
Permits, engineering and designs are charged at cost plus $100
Taxes
All pricing does not include taxes
P R 0 [M
City of Surprise RFP -318000002 PRO4 [M
FINANCIAL CAPABILITY & RESPONSIBILITY
The facts listed below demonstrate PRO EM's ability to maintain, grow and succeed in
today's market.
PRO EM has been in business in the State of Arizona for over 20 years.
PRO EM demonstrates a strong future with growth due to multi-year
contracts held with strong financially stable corporations, including Arizona
State University, The Thunderbirds and Russo & Steel.
PRO EM has demonstrated the ability to offset risks through its dynamic
and versatile services which has allowed PRO EM to continue to develop
and grow.
10
City of Surprise RFP -318000002
FINANCIAL CAPABILITY & RESPONSIBILITY (cont.)
We invite you to speak with any of our financial references below:
Cadence Bank
Contact: Rachel Heath, Relationship Manager
2800 Post Oak Blvd., Suite 3400
Houston, TX 77056
Phone: 713-871-4084
rachet. heathO-cadencebank.com
GBS Linens
Contact: Neil Bhakta
305 N. Muller St
Anaheim, CA 92801
Phone: 800-700-6448
Senergy Petroleum, LLC
Contact: Connie Deatherage
433 W 3rd Ave
Mesa, AZ 85210
Phone: 602-272-6795
Insurance Information
Lovitt & Touche, Inc.
Contact: Bill Charles
1050 W. Washington St., Suite 233
Tempe, AZ 85281
Phone: (602) 778-7012
bcharles aC)Iovitt-touche.com
PRot Im
11
City of Surprise RFP -318000002
References
Patti Borchardt, Director of Conference Service
Director of Conference
Arizona Grand Resort & Spa
80001 S. Arizona Grand Parkway
Phoenix, AZ 85044
Office: 502-431-5444
pborchardt(ci)-a rizo nag rand resort. corn
Sharon Morgan
Fountain Hills Chamber of Commerce
P.O. Box 17598
Fountain Hills, AZ 85269
Office: 480-837-1654
First4fh rx)-aol.corn
Joel Muzzy
Heard Museum
2301 N Central Ave
Phoenix, AZ 85004
Office: 480-563-5574
loelmuzO-hotmail.com
li!
12
City of Surprise RFP -318000002
PRO EM CONTACTS
FRO EM Party and Event Rentals
1450 E Grant St
Phoenix, AZ 85034
Office: 480-507-0999
Fax: 480-907-2613
Brent Mabb
Account Executive
Cell: 602-828-1094
Email: brent.mabbLcDproem.org
Tora Reiner
Vice President, Administration & Quality Assurance
Cell: 480-244-3177
Email tora.relnerAproem.om
Brady Castro
CEO
Cell: 602-318-5669
Email: brady.castro @proem.org
PR04([M
13
9
"0 D"XUD Em
SURPRISE
ART'IONA
RFP 318000002
Special Events
Equipment Rental
Procurement Division
16000 N. Civic Center Drive
Surprise, Arizona 85374
Phone: (623) 222-3700
Fax:(623) 222-3701
PAST PERFORMANCE VERIFICATION EVALUATION SUBMITTALS
LIST OF THOSE AGENCIES OR FIRMS WHO WILL BE SUBMITTING EVALUATIONS TO CITY
Please list the agency or Company name, address, phone number and contact information for the companies that will be
providing the Past Performance Verification Form. It is the responsibility of the Offeror to ensure that Surprise receives
all of the Past Performance Verification Forms prior to the RFP submittal deadline.
Failure to provide evaluations by date and time specified will result in no score for that specific evaluation.
Agency I: Schneider -Yates and Associates
Contract: Judi Yates
Address: 4071 W Linda Lane
Chandler, AZ
Phone: 602-908-4448
Email: Judi@eventsbysya.com
Agency 2 : Fountain Hills Chamber of Commerce
Contract: Sharon Morgan
Address: P.O. Box 17598
Fountain Hills, AZ
Phone: 602-431-6444
Email. pborchardt@arizonagrandresort.com
Agency 3: Heard Museum
Contract: Joel Muzzy
Address. 2301 N Central Ave
Phoenix, AZ 85004
Phone: 480-563-5574
Email: joelmuz@hotmaii.com
Solicitation No: RFP 318000002
Available online at
Special Events Equipment Rentals I https://www.surpriseaz.aov/bids.aspx
1
`7D
e
Page 2 of 2
RFP 318000002 Procurement Division
16000 N. Civic Center Drive
Special Events Surprise, Arizona 85374
S U R P R I S E Eq uip ment Rental Phone: (623) 222-3700
A R f ZONA Fax:(623) 222-3701
PAST PERFORMANCE VERIFICATION FORM (PPVF)
Directions: Request Public/Private Agencies, for which you have similar work, to fill out a copy of the PPVF for three (3)
similar Work. Provide this form to the Owner or Owner's representative directly responsible for oversight of the work to
complete and submit via email or fax prior to the date and time listed below. If the form is received after the date and
time specified it will not be accepted. If your firm has completed previous similar work for the City of Surprise, it is
recommended that you utilize this experience. If your firm has not completed prior Work with Surprise you will not be
penalized. NOTE: WORK is defined as any Services, Commodity, or Project completed/ provided by the Company
RFP Due Date and Time: August 23, 2017 @ 3pm
NAME OF COMPANY TO BE EVALUATED: PROEM Operations LLC
NAME OF AGENCY OR FIRM SUBMITTING EVALUATION: Schneider -Yates and Associates Event Management
NAME/PHONE NUMBER OF PERSON SUBMITTING EVALUATION: Judi Yates 602-908-4448
NAME OF WORK AND DATE SUBSTANTIALLY COMPLETED: Tempe 4th of July
QUESTIONS:
1. How long has this company provided Work for you? 24 years
2. How often do they provide this service/ work? 4 events per year
3. Was the work Completed in a timely matter? Yes No
4. On a scale of 1 to 10 (1 being lowest, 10 highest), rate this company's performance on the following:
a. How would you rate work performed by this firm? 10
b. Was the work completed on time? 10
c. Was the Work completed within budget? 10
d. What was the quality of the work performed? 10
e. Was staff proactive in solving problems that may have occurred on your Work? 10
f. Were the invoices clear, providing detailed information? (10 = Yes, 1 = No) 10
g. Would you be willing to contract with this firm again? (10 = Yes, 1 = No) 10
TOTAL POINTS 70
5. Any additional comments. Brent is the best in the business. He is always will to work me on my budgets and solves any challenge that I throw his way.
Brent is the best in the business. He is always will to work me on my budgets and solves any challenge that I throw his way.
Please email to purchasing@surpriseaz.gov by the date and time shown above.
Solicitation No: RFP 318000002
Available online at
Special Events Equipment Rentals i https://www.surDriseaz.gov/bids.aspx
Page 1 of 2
-AI�i..
SURPRISE
ARIZONA
RFP 318000002
Special Events
Equipment Rental
PAST PERFORMANCE VERIFICATION FORM (PPVF)
Procurement Division
16000 N. Civic Center Drive
Surprise, Arizona 85374
Phone: (623) 222-3700
Fax:(623) 222-3701
Directions: Request Public/Private Agencies, for which you have similar work, to fill out a copy of the PPVF for three (3)
similar Work. Provide this form to the Owner or Owner's representative directly responsible for oversight of the work to
complete and submit via email or fax prior to the date and time listed below. If the form is received after the date and
time specified it will not be accepted. If your firm has completed previous similar work for the City of Surprise, it is
recommended that you utilize this experience. If your firm has not completed prior Work with Surprise you will not be
penalized. NOTE. WORK is defined as any Services, Commodity, or Project completed/ provided by the Company
RFP Due Date and Time: August 23, 2017 @ 3pm
NAME OF COMPANYTO BE EVALUATED: PRO EM Operations LLC
NAME OF AGENCY OR FIRM SUBMITTING EVALUATION: Fountain Hills Chamber of Commerce
NAME/PHONE NUMBER OF PERSON SUBMITTING EVALUATION: Sharon Morgan 480-837-1654
NAME OF WORK AND DATE SUBSTANTIALLY COMPLETED: Great Fair February 27, 2017
QUESTIONS:
1. How long has this company provided Work for you? 7 years
2. How often do they provide this service/ work? 4 events per year
3. Was the work Completed in a timely matter? Yes U No
4. On a scale of 1 to 10 (1 being lowest, 10 highest), rate this company's performance on the following:
a. How would you rate work performed by this firm? 10
b. Was the work completed on time? 10
c. Was the Work completed within budget? 10
d. What was the quality of the work performed? 10
e. Was staff proactive in solving problems that may have occurred on your Work? 10
f. Were the invoices clear, providing detailed information? (10= Yes, 1= No) 10
g. Would you be willing to contract with this firm again? (10 = Yes, 1 = No) 10
TOTAL POINTS 70
5. Any additional comments. working with ProEm is a pleasure not just the personnel but having a one stop company is an Events Planners dream. One phone call - One bill.
Working with ProEm is a pleasure not just the personnel but having a one stop company is an Events Planners dream. One phone call - One bill.
Please email to purchasing@surpriseaz.eov by the date and time shown above.
Solicitation No: RFP 318000002 Available online at I Page 1 of 2
Special Events Equipment Rentals I https://www.surpriseaz.gov/bids.aspx
RFP 318000002 Procurement Division
16000 N. Civic Center Drive
Special Events Surprise, Arizona 85374
S U R P R I S E Equipment Rental Phone: (623) 222-3700
Alt I Z o N A Fax:(623) 222-3701
PAST PERFORMANCE VERIFICATION FORM (PPVF)
Directions: Request Public/Private Agencies, for which you have similar work, to fill out a copy of the PPVF for three (3)
similar Work. Provide this form to the Owner or Owner's representative directly responsible for oversight of the work to
complete and submit via email or fax prior to the date and time listed below. If the form is received after the date and
time specified it will not be accepted. If your firm has completed previous similar work for the City of Surprise, it is
recommended that you utilize this experience. If your firm has not completed prior Work with Surprise you will not be
penalized. NOTE: WORK is defined as any Services, Commodity, or Project completed/ provided by the Company
RFP Due Date and Time: August 23, 2017 @ 3pm
NAME OF COMPANY TO BE EVALUATED: PRO iM Operations LLC
NAME OF AGENCY OR FIRM SUBMITTING EVALUATION: Heard Museum Guild
NAME/PHONE NUMBER OF PERSON SUBMITTING EVALUATION: Joel Muzzy 480-563-5571
NAME OF WORK AND DATE SUBSTANTIALLY COMPLETED: Heard Museum Guild Indian Fair and Market March 2017
QUESTIONS:
1. How long has this company provided Work for you? 22 years
2. How often do they provide this service/ work? annually
3. Was the work Completed in a timely matter? Yes No
4. On a scale of 1 to 10 (1 being lowest, 10 highest), rate this company's performance on the following:
a. How would you rate work performed by this firm? 10
b. Was the work completed on time? 10
c. Was the Work completed within budget? 10
d. What was the quality of the work performed? 10
e. Was staff proactive in solving problems that may have occurred on your Work? 10
f. Were the invoices clear, providing detailed information? (10 = Yes,1 = No) 10
g. Would you be willing to contract with this firm again? (10 = Yes, 1 = No) 10
TOTAL POINTS 70
5. /1ny additional Comments. 6rent Mabb has represented Pry EM Intl its predecessors lar over 20 years previdinq all Me needs ford annual event (fi0 yea in 20189. Pro EM currently provides over 50.DDD SG.fl. of tents. lighting, generalors,fencing,l
5—t Mabb has -—.0.d Pro EM and its predecessors Ivr over 20 years providing all the needs for this ennuel even) (60 years in 2D1B). Pro EM .—nlly provides aver 50.000 sq.fl, of tents, lighting, generators. fencing, tables, chairs, rest room balers . Pd's Intl 111-r— equipment. I have
0
Please email to purchasing@surpriseaz.eov by the date and time shown above.
Solicitation No: RFP 318000002
Available online at
Special Events Equipment Rentals I https://www.surpriseaz.gov/bids.aspx
Page 1 of 2
EXHIBIT 2
TO
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
PRO EM OPERATIONS LLC
[CHANGE ORDERS]
See following pages.
SAM TOWN OF FOUNTAIN HILLS
n TOWN COUNCIL
low AGENDA ACTION FORM
Y 1�
9j7that. t A
4
Meeting Date: 31612018
Meeting Type: Regular Session
Agenda Type: Regular Submitting Department: Administration
Staff Contact Information: Craig Rudolphy, Finance Director, 480-816-5162; crudolphy@fh.az.gov
REQUEST TO COUNCIL (Agenda language): CONSIDERATION OF
(1) four BUDGET TRANSFERS from the General Government Contingency: 1) $2,246.25 for holiday lighting of Town
Hall; 2) $600,000.00 for additional contract costs for the Fire Station #2 relocation; 3) $50,000.00 for the May 15, 2018,
special election for the primary property tax ballot question; and 4) $160,000.00 for additionallunbudgeted Interim Town
Attorney costs; and
(2) one BUDGET TRANSFER from Public Works to the Cottonwoods Maintenance District in the amount of $900.00 for
an unbudgeted increase in landscaping costs.
Applicant:
Applicant Contact Information:
Owner:
Owner Contact Information:
Property Location:
Related Ordinance, Policy or Guiding Principle:
Staff Summary (background): 1) The Town incurred additional costs to install/remove holiday lighting on the
Town Hall building. 2)The contract for the relocation of Fire Station #2 came in approximately $600,000 over
the budgeted costs. Council approved the contract cost and this budget transfer is needed to fully fund the
project. 3) The Town did not anticipate holding a special election for a primary property tax during the last
budget cycle. This transfer will allow for a special election for the primary propoerty tax ballot question. 4) After
the dismissal of the prior Town Attorney, an Interim Town Attorney was hired. This transfer will allow for the
increased costs of the Interim Town Attorney. 5) After the budget was prepared last year for the Cottonwoods
Maintenance District, the Town was informed of an increase in the landscaping costs for the District. This
transfer will allow the increased costs to be paid.
Risk Analysis (options or alternatives with implications): Without these transfers, the various programs will
have a budget shortfall and not able to complete the work that is required.
Fiscal Impact (initial and ongoing costs; budget status): $813,146.25
Budget Reference (page number):
Funding Source: General Fund
If Multiple Funds utilized, list here:
Budgeted; if No, attach Budget Adjustment Form: No
Page 1 A(2
Recommendations) by Board(s) or Commission(s):
Staff Recommendations): Approve
List Attachment(s): Budget Transfer forms
SUGGESTED MOTION (for Council use): dove to approve BUDGET TRANSFERS In the amount of $813,946.25.
Prepared by:
NA 8/2/2017
Directoo-'.s Apprav ll
Craig Flu o y, Finance Dire ar 2/20/2-0-8
M
er, Tow ana r 212012018
Pace 2 of 2
- r
11/01/2017 16:33 TOWN OF FOUNTAIN HILLS P 1
BRog'dan BUDGET AMENI}iMTS JOURNAL ENTRY PROOF bggamdent
LN ORG OBJECT PROJ ORG DESCRIPTION ACCOUNTDESCRIPTION PREV BUDGET AMENDED
ACCOUNT LINE DESCRIPTION EFF DATE BUDGET CHANGE BUDGET EFDR
YEAR -PER ,JOURNAL EFF -DATE REF 1 FIEF 2 SRC JNL-DESC ENTITY MEND
2016 04 59 10/19/2017 DOM VIOL BUA PURPLE LTS 1 1
1 GENAD 6417 GENERAL GOVERNMENT ADMIN HOLIDAY LIGHTING 600.[70 2,246.25 2,846.25
100-10-15-110-100-0106-6417- INCREASE PURPLE LIGHT BUDGET 10/19/2017
2 GENAD 7014 GENERAL GOVERNMENT ADMIN CONTINGENCY 1,089,634.64 -2,246.25 1,08-7,38S.39
140-10-15-11€1-100-0106-7010- INCREASE PURPLE LIGHT BUDGET 10/19/2017
** JOURNAL TOTAL 0.00
APPROVED:
MAYOR
11/01/2017 16:33 TOWN OF FOUNTAIN HILLS
BBogdan BUDGET AMENDMENT JOURNAL ENTRY PROOF
CLERK: BBogdan
YEAR PER JNL
SRC ACCOUNT
EFF DATE JNL DESC REF 1 FIEF 2 REF 3
2016 4 59
BUA GENA4D-6417
10/19/2017 PURPLE LTS
BUA GENALI-7 5114
10/19/2017 PURPLE L.TS
0A
P 2
bgamdent;
ACCOUNT DESC T OB DEBIT CREDIT
LINE DESC
HOLIDAY LIGHTING 5 2,246.25
DDM VIOL INCREASE PURPLE LIGHT BUDGET
CON-TI14GENCY 5 2,246.25
DDM VIOL INCREASE PURPLE LIGHT BUDGET
JOURNAL 2019/04/59 TOTAL .00 .00
O1/D9/2018 17:28 iTOWN OF FOUNTAIN BILLS �P 1
BBogdan BUDGET ANENDMENTS JOURNAL ENTRY PR0OF bgamdent
LN ORG 13BJECT PROD ORG DESCRIPTION ACCOUNT DESCRIPTION PREY BUDGET AMENDED
ACCOUNT LINE DESCRIPTION EFF DATE BUDGET CHANGE BUDGET ERR
YEAR -PER JOURNAL EPP-DATE REF I REF 2 SRC JNL-DESC ENTITY AMENS?
2018 08 3 02/03/2018 FS#2 BUA F4005 1 8
1 CIPF' 8050 F4005 FIRE CAP PROJECTS BUILDING IMPROVEMENTS 3,550,000.00 600,000.00 4,150,000.00
500-30-70-7DI-000-0615-8050-F4005 FS#2 CONSTRUCTION COSTS 02/03/2018
2 GENAD 7010 GENERAL GOVERNMENT .ADMIN CONTINGENCY 837,657.49 -500,000.00 237,557.49
100-10-15-110-100-0106-7010- FS#2 CONSTRUCTION COSTS 02/03%2018
** JOURNAL TOTAL 0.00 Z
APPROVED:
MAYOR
DATE.
01109/2418 17:28 TOWN OF FOUNTAIN HILLS
BBOgdan BUDGET AMENDMENT TouRNAL ENTRY PROOF
CLERK: BBagdan
YEAR PER JNL
SRC ACCOUNT
EFF DATE JNL DESC REF 1 REF 2 REF 3
2018 8 3
BUA CIPF-80504F4005
02/03/2018 F4005
BILA GENAD-7010
02/03/2018 F4005
FA
P 2
bgamdent
ACCOUNT DESC T OB DEBIT CREDIT
LINE DESC
BUILDING IMPROVEMENTS 5
FS#2 T FS#2 CONSTRUCTION COSTS
CONTINGENCY 5
FS#2 T FS#2 C0NSTRUCTION COSTS
JOURNAL 2018/OB/3 TOTAL
60U,040.00
00
600,000.04
04
02/01/2018 16:01 TOWN OF FOUNTAIN HILLS
BBogdan BUDGET AMENDMENTS JOURNAL ENTRY PROOF
LN ORG OBJECT PROJ ORG DESCRIPTION ACCOUNT" DESCRIPTION
ACCOUNT LINE DESCRIPTION EFF DATE
YEAR -PER JOURNAL EFF -DATE REF 1 FIEF 2 SRC JUL-DESC ENTITY AMEND
2018 08 7 02/01/2018 MAST 2018 BUA ELECTION I 1
I TOAD 6415 CLRRK-ADMIN ELECTION EXPENSE
100-10-10-103-100-0106-6418- MAY 2016.ELECTION
2 GENAD 7610 GENERAL GOVERNMENT ADMIN CONTINGENCY
100-10-15-110-100-0106-70Y0- KAY 2016 ELECTION
* * JOURNAL TOTAL
APPROVED:
MAYOR
DATE:
P 1
Lgamdent
PREY BUDGET AMENDED
BUDGET CHANGE BUDGET ERP.
.00 50,000.00
02/01/2016
812,657.49 -54,000.00
02/01/2018
©.a0
50,000.00
762,657.49
02/01/2018 16:03 TOWN OF FOUNTAIN BILLS
BBogdan BUDGET AMENDMENT JOURNAL ENTRY PROOF
CLERK: BBogdan
YEAR PER JNL
SRC ACCOUNT
EFF DATE 7NL I}ESC REF 1 REF 2
2018 8 7
BUA 'TCA.D - 6 415
02}01/2018 ELECTION MAY 2G1B
RUA GENAD - 7 010
02/01/2018 ELECTION MAY 2018
ACCOUNT DESC
REE 3 LINE DESC
ELECTION EXPENSE
MAY 2018 ELECTION
CONTINGENCY
MAY 2018 ELECTION
JOURNAL 2018%48/7
P 2
bgamdent
T OB DEBIT CREDIT
5 50,000.00
5 50,000.00
TOTAL 00 .00
02/01/2018 16:10 TOWN OF FOUNTAIN HILLS
BBogdazi (TOWN
AMENDMENTS JOURNAL ENTRY PROOF
LN ORG OBJECT PR07 ORG DESCRIPTION ACCOUNT DESCRIPTION
ACCOUNT LINE DESCRIPTION
I
PREV BUDGET
EFF DATE BUDGET CHANGE
YEAR -PER JOURNAL EBF -DATE REP 1 REF 2 SRC JNL-DESC ENTITY AMEND
2018 OB 8 02/01/2018 BUA LEGAL FEES 1 a
I GENAD 7010 GENERAL GOVERNMENT ADMIN CONTINGENCY
INCREASED LEGAL FEES
2 LEGAT 6404 LEGA-L-ATTOPNEY LEGAL FEES
100-10-10-106-100-0155-6404- INCREASED LEGAL FEES
3 STAR 6404 STREETS -ADMIN LEGAL FEES
200-40-30-302-300-01045-6404- INCREASED LEGAL FEES
* * JOURNAL TOTAL
APPROVED:
MAYOR
DATE:
812,657.49 -160,0GO.00
02/01/2018
306,840.00 144,000.00
02/01/2018
34,080,00 16,000.00
02/01/2018
0-00
IP I
bgamdent
AMENDED
BUDGET ERR
652,657.49
450,840.00
50,460.00
z
02/01/2018 16:10 TOWN OF FOUNTAIN HILLS
BBogdan BUDGET AlfETMHZNT JOURNAL EN'T'RY PROOF
CLERK: BBogdan
YEAR PER JNL
SRC ACCOUNT
EFF DATE JNL DESC REF 1 FIEF 2 REF 3
2018 8 8
BUA GENAD-7010
02/01/2018 REGAL FEES,
SUA LEGAT-6404
02/01/2018 LEGAL FEES
BUA STAD-13404
02/01/2016 LEGAL FEES
BUA 100-3920
02101/2018 LEGAL FEES
BUA 200-3920
02/01/2018 LEGAL FEES
BUA 100-3940
02/0./2018 LEGAL FEES
BUA 200-3940
02/01/2018 LEGAL FEES
0A
P 2
bgamden t
ACCOUNT DESC T OB DEBIT CREDIT
LINE DESC
CONTINGENCY
I-NCRF-ASED LEGAL FEES
LEGAL FEES
INCREASED LEGAL FEES
LEGAL FEES
WCREASED LEGAL FEES
APPROPRIATION CON'rROL
APPROPRIATION CONTROL
BUDGETARY FB UNRES
BUDGETARY FB UNRES
SYSTEM GENERATED ENTRIES TOTAL
JOURNAL 2 01 H/ 0 8/ 8 TOTAL
5 160,000.00
5 144,000,00r /y /'y }
5 16,000.00
.00 ,00
16,000.00
16,000.00
15,000.00
16,000.00
32,000.00 32,000.00
32,000.00 32,000.00
01/30/2018 14:49 TOWN OF FOUNTAIN HILLS
BBogdan BUDGET aMFMl ENTS JOURNAL ENTRY PROOF
LN ORG OBJECT PROD ORG DESCRIPTION ACCOUNT DESCRIPTION
ACCOUNT LINE DEESCRIPTION
Ig
bgamdeat
PREV BUDGET AMENDED
EFF ©ATE BUDGET CHANGE BUI]GBT ERR
YEAR -PER JOURNAL EFF -DATE REF 1 REI" 2 SRC JNL-DESC ENTITY AMEND
2018 07 115 01/30/2018 BUA COTMD I 8
1 COTMD 6220 COTTONWOODS MAINT DIST GROUNDS MAINT/PEPAIR
550-40-10-105-000-0410-5220- INCREASE IN LANDSCAPING
2 PWADMIN 6402 PW -ADMIN PROFESSIONAL FEES
100-40-30-300-100-0106-5402- COTTONWOODS LANDSCAPING
* * JOURNAL TOTAL
APPROVED:
MAYOR
DATE:
3,681.x4 900.00 4,781.04
01/30/2018
1,400.D0 -900.00 500.00
01/30/2018
0.00
01/30/2018 14; 49i TOWNOF FOUNTAIN HILLS
BBagdan ISUDGET AMENDMENT JOURNAL ENTRY PROOF
CLERIC: BBogdan
YEAR PER JNL
SRC ACCOUNT
EFF DATE JNL DESC REF I. REF 2 REF 3
ACCOUNT DESC T OB
LINE DESC
DEBIT
P 2
bgamdent
CREDIT
2018 7 215
BUA COTMD-6220
GPGUNDS MAINT/REPAIR S
900.00
01/30/2018 COTMD
INCREASE IN LANDSCAPING
BUA PWADMIN-6402
PROFESSIONAL FEES 5
900.00
01/30/2018 COTMD
COTTONWOODS LANDSCAPING
.00
.00
BUA 100-3920
APPROPRIATION CONTROL
9010.00
01/301/2038 COT4D
BUA 550-3920
APPROPRIATION CONTROL
900.04
01/30/2018 COTMD
BUA 100-3940
BUDGETARY FB UNRES
900.00
01/30/2018 COTMD
BUA 550-3940
BUDGETARY FB SES
900.00
01/30/2418 COTMD
SYSTEM GENERATED ENTRIES TOTAL
1,80[1.00
1,800.00
JOURNAL 2018/07/115 TOTAL
1,800.00
1,800.00
1AIN TOWN OF FOUNTAIN HILLS
x TOWN COUNCIL
z �
o z
\Z�
.VAGENDA ACTION FORM
Meeting Date: 31612018 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 the second Amendment to Cooperative Purchase
Agreement C20I7-045, between M. R. Tarnier Development and Construction, Inc. and the Town of Fountain Hills, in an
amount not to exceed $2,500,000.00, for asphalt replacement and nniscellaneous work.
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): Note, this amendment is to amend a contract approved by Council on October
3, 2017, However, the underlying Chandler contract expired on January 22, 2018, and there was not sufficient
time to complete a paving project of this size in that time frame. The total cost for fiscal year 2017-2018, will
not be increased as result of this amendment.
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 overlay is required to prevent
more costly repairs in the future.
Fiscal Impact (initial and ongoing costs; budget status): 2,500,000.00
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: NA
Recommendation(s) by Board(s) or Commission(s): NA
Staff Recommendation(s): Staff recommends approval of the Second Amendment to Cooperative
Purchasing Agreement 02017-045.
Page I of 2
List Attachment(s): Contract C2O17-045
SUGGESTED MOTION (for Council use): Move to approve the Second Amentment to Cooperative Purchase
Agreement 02017-0145 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
Prepared by:
Page 2 of 2
REQUEST FOR LEGAL SERVICES
Name/Phone NumberlE-mail of Requestor:
Date of Request:: ',, _
Justin T. Weldy, jweldy@afh.az.gov, 480-815-5133
Date Director Approved Request:
2/l/201 s
Procurement Approval by: Craig Rudolphy
Due Date (From Town Attorney's office):
215!20'18
2/16/2018
Yes ❑ No: ❑ - Contact Finance Director
Deadline for return of request from Legal is 10
business days after Procurement Approval.
6 Deadline for completed packet items submitted to
Council Meeting Date: 31612018
Item does not require Council approval ❑
the Town Clerk - 12 PM the Wednesday 2 weeks
prior to the date of the Council meeting.
Request for Legal staff: Prepare Amendment number two for Cooperative Purchase agreement 02017-045
with M.R. Tanner for asphalt mill and overlay based on City of Chandler contract ST5-745-3498
Proposed Agenda Language (if applicable): Consent Agenda Item ❑ Regular Agenda Item
CONSIDERATION of approving the second Amendment to Cooperative Purchase 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.
Vendor/Consultant/AgreernentlAgency Information:
Contact Name: Kevin Day
Entity Name: MR Tanner Development and Construction. Inc.
Entity Address: 1327 W. San Pedro St., Gilbert, AZ 85233
Entity Phone, Fax and E-mail address: 480-633-8500, kdayCa)mrtanner.com
Town of Fountain Hips Business License Number: 96
Arizona Corporation Commission File Number. 07575050
Documents Requested:
❑ PA (Purchase) ! Amendment
❑ Ordinance # (Draft attached Yl ! N)
❑ IFB (Invitation for Bid)
Publication Dates for Zoning Actions:
❑ RFQ (Request for Qualifications)
Resolution # (Draft attached YI ! 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
Amendment
❑ Other
Required Contract/Agreement Information:
Method of Vendor Selection:Cooperative Purchase Agreement
Term of Contract/Agreement:l year
Contract Amount (this contract):2,500,00.00 Cumulative Contract Amount:4=296,753_59
Brief description of services/goods being sought: Asphalt mill & overlay
Contract # assigned: 02017-045
Funding Source: HURF Proiect No.
Budget Transfer Required: NA; 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
*Bid1RFQlRFP Schedule Attached
Finance requires a "contract cover sheet' prior to processing the approved signed con Iract/agreement for payment(s)_
g:lpavernent managementlzanc I ,17-1 Mrfls tanner amendment I .doc.x Rev. 1212016
CONTRACT/GRANT INFORMATION SHEET- AMENDMENT
Date: 2/1/2018
Staff's Name: Justin Weldy Department: Public Works
Vendor's Name: M.R. Tanner Dev. & Construction I Vender Number: 1467
Address: 1327 West San Pedro. Gilbert AZ 85233
Phone:480-633,8500
Received W9:❑ Y ❑ N ❑ ALREADY IN SYSTEM
Business License #: 96 Exp. Date: 11/30/2017
ACCOUNTING SUMMARY
Org
Object
Project/#
$
Accounting Code:
STPAVE
6276
Total # of Renewals Max:
2,500,000
Accounting Code:
Does this Contract put it over $30,000
Z Yes
❑ No
Contract Beginning Date:
Accounting Code:
Contract Expiration Date:
3/5/2019
Budgeted Expenditure:
0 Yes
TBD(used for variety of different
things/departments/funds):
Choose an item.
285
Approved by Council:
® Yes; Date: 3/6/2018
CONTRACT SUMMARY
Contract Number Assigned:
02017-045
Contract Total:
$2,5000,000
Brief Description of Service:
Asphalt Mild & Overlay
If Renewable:
#2
Total # of Renewals Max:
1
FY Cumulative Vendor Totals:
Does this Contract put it over $30,000
Z Yes
❑ No
Contract Beginning Date:
3/6/2018
Contract Expiration Date:
3/5/2019
Budgeted Expenditure:
0 Yes
❑ No
Budget Page #:
285
Approved by Council:
® Yes; Date: 3/6/2018
No
❑ N/A
Insurance Certificate provided:
Z Yes ❑ No
❑ N/A
Warranty Period:
❑ Yes Z No
If Yes, expires Click here to enter a date.
Estimated Start Date:
3/6/2018
Estimated Completion Date:
3/5/2019
GRANT SUMMARY
Paid for by Grant:
❑ Yes
❑ No
Name of Grantee:
Grant Number Assigned:
Resolution Number:
Date Council Approved:
Revised 4/28/16
Contract Na. C2017-04 5.1
SECOND AMENDMHNT
TC
COOPHRATIVE AURCHASING AGREEMHNT
BETWEEN
THD TOWN CIR I+IOUNTAIN HILLS
AND
M.R. TA?\NER DEVHLOPMHNT ANI) CONSTRUCTION, INC.
THIS SECOND AMHNDMENII TIO COOIiERAITIVB BU14CHASING AGREHMENTI
(this "Seiacinc Amendment is entereid :into as cif lManch 06, 2(118, between thea Town cif lFountain
Hiles, an Ariacina mun:iaipal corporialion (thea "Town"), and MA. Tlanner Mivedopment and
ConstrUcilion, an Arizona aorporation (the "Contractor').
REC IT1AI18
A . A f1 er a compel itiva piiocunem ent proaeiss, th e Cit)l cif I C handl er, Arizona ed ercd
inta Contract No. ST5-745-347EI, c ata Fcbruar}1 1-'I, 2015, as amended by Amendment Number
Onei, daled January 22, 20116, by A.mendmanl Numbeir Tlwo, dated Jlanuary 19, 3011, by
Amendment Number Thrae, datad January 36, 2018 (aclleat:ively, the "Cit)j Contract";, willh tha
Contractor for the Contractor to provide straell rep]acamenl arse asphalt mill and averlay. Tlhe City
Contract, attached herelo as Exhibit A, is incorporialed harein by refereince, 11a thea oxienll noel
inocins:isllent with this agreement.
B. Tha Town and 1Iha Contractors einlerec into a Cooparalive Plunohasing Agreement,
dateid Sepltamber 1-`I, 2016 (the "Initial Agreement"), ane baseid upon the City Contract, for tha
Contractor to provk ei the Town with streel replacerri ent and asphalt mall and overlay ( the Materials
and Seirvioes").
C. The Initial A greem ent was am em ded by than FirER Amendm ant on November 21,
20:17 to purchase addillional Matariaas and Services. Tlhei Initial Agreennent and the First
Amendment are collectively reiferred to rereir.i as 1he "Agreeiment." All capiilaliaed terms not
otherwise defnad in 1Ihis Second Amendment haves the same meanings as contained in the
Agreiem ant.
D. The Town has detormincc thall extending thea lerm cif the Agreenneml for the
Contractor to compleite the scope of work is necessary.
E. The 'Down and the C onbiador desire to enlleir into this Seioand Amendment to eixtend
the team cif lthe i Agreeimeml.
A GRE F MET 11
NCW, THEREFCRE, in consideratican cifllhe fonegcair.g introdualion am reic:itals, which
ane incorponatad heroin by neferemce, thea fUllowing mutdal ciovemanlls ant condilliom, ant tither
gacid and valuable cionskemallior, the reaccipt and siufficiemey cif Iwhich area hereby aaknowledgead,
1Ihei Town ant thea Contractcar hereat y agreae aria follows:
1. 'Ilerm of thea A gneern ent. Th e 1 erm of thea A greem emt i s henet N exit em ded and shat l
remain in full fbrcaa and eafftacl unilil Marah 5, :1019, uriems tenniinalead as othearwisea provided
pursuant 11a thea lI arms and candit:i ons of thea A greeam enil .
1 Clcampemation. This Secant Ameandmenil ccaeas nal incrame thea available
eompensalion, and thea aggreagatea not-lo-exaeaed compeansalion reamaim $4,2SIf ,753.`151.
3. Meal of Amendment. In all alher respecls; 1he Agneaern ant is of mn ad arae ratified
and, eaxceapt as expressly rnodifread herein, all Terms and ccanditions of the Agreaememt shall rerrnain
in fa]I fbrae and eaffecl.
4. Non -Default. By eaxecuting th's Secaond Amendmant,1Ihea Clontraclon of mnatively
asserts thal Ili)1ha Town :is not curnenilly in dcfiuhl, nor has been in default at any gime prior to th's
Second Amendmeant, under any of thea tearmsi or cond:ilionsi of thea A �lreaement and (ii,' any and all
claims, kncawn and unknown, relating to the Agneeamenl and existing on or befone thea dales caflthls
Fifih Amendment area fonevem wa:ivead.
f. Israel. C Icanb acl or cerl ifieas that it is not aurreantly eangaged in, ant agraeeas for th e
duration aflthls Agreeamenl thal :i1 will not engages in a "boycati," as that term is defired in Aria.
Reay. Sllat. �l 35-393, of Israel.
6. Conf.licil of Interemtt. This Second Amcndmeml ant thea Agreeamenl m ay be cannel ad
by the Town Ilursuanl Ila Ariz. Reay. 9Tlat. Fl 38-5:: .
[l9IGNA11URH9 CN FOLIIOWING AAGH9]
IN WITNESS WHEREOF, the parties hereto have executed and caused to be signed by
their duly authorized representatives, this instrument on the date first written above.
"Town�°
TOWN OF FOUNTAIN HILLS,
an Arizona Municipal Corporation
j Grady E. Millv,-fAv Manager
ATTEST:
Bevelyn J. Bender, Town Clerk
(ACKNOWLEDGEMENT)
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
On , 2018, before me personally appeared Grady E. Miller, the Town Manager
of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity was
proven to me on the basis of satisfactory evidence to be the person who he claims to be, and
acknowledged that he signed the above document, on behalf of the Town of Fountain Hills.
Notary Public
(Atrix notary seal here)
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
"Contractor"
M.R
] CONSTRUCTION INC.
Its: 'I
(ACKNOWLEDGEMENT)
STATE OF ARIZONA }
) ss.
COUNTY OF MARICOPA )
On Ag—1 q , 2018, before me personally appeared L ai... the
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
claims to be, and acknowledged that he signed the above document, on behalf of M.R. Tanner
Development and Construction, Inc.
OFFICIAL SEAL
ROXAN N B BAKER
"TAWBU BU - State od Arut"
IIIA I oPA CC7L. NTY
CComm. Expires August 3,2018
(Affix notary seal here)
Notary'Public
EXHIHI'Il A
TC
SECCNDI AMENDMENT
TC
CC OPERATIVE PURCHASING AGREHMHN l
BH'IIWEHN
'HHB TOWN OF FCUNTAIN HII1,II9
AND
M.R. TANNER LIHVELCPMENT ANIS CON9'➢RUICTION, INC.
OCITIY CONTRAIC Il]
9eia fallowing pages.
CIITY OF CHANDLER SERVICES AGREEMENT
STREET REIPILAC EME3NT M ASRHAUII MILL) & 1NL.AY 1
AGREEMENT NO.: SIS -7145-3478 �
THIS AGREEMENT Is rr ace and entered into this J cay of f—ehnno.41, 2015, ty and between the City �
of Clhanc ler, a ML niicipal C orpore- tion of th a Stai a of Ar'aona, hereiriat er refeirred to as "C 17Y, and MI .R.
TANNI3R DEMELORMEINT & CONSTRUCTION, INCI., a Corporation oil the State of Arizona, Heminaflen
refeirned to as °CONTRAICTOW.
WF EREAS, CICINTR.ACIIOR represents thal CONTRACTOR has the a)pert'se anc is qualif ec to perlorrr thle
sarAcies descrit ed in tt e A greeme nl.
NOW THEREFORE, in consideraticin of the mulLal promises and obligaticiris set forth herein, thei parties
hereto agree as follows:
1. CONTRACT ADMINISITRA111OR:
1.1. Corlraict Adminis11ra11ar. CIONTRACI11ORI shall act Lrider the authority and apipro%al of the SBlieets
Slupedrltenc entldeviclriee ilConbact Acirrinistraton), to rlioVide the serykels required ty this Agreement.
1.21. Key Sltaff. This Cluntrecrl has beein awarced to CIONIIRACTOR based Flartially or thea ke) persionnel
proposed to pglrlorm the servileas requirec herein. CONTRACTOR shall not charicle nor sL tstittAe any
of thesie k ey alafil for wark ari t his Coniract withaul prior written approval ty CITY.
1.21. Subcionllraiclors. During the performance of the Agreemerit, CONTRACTOR may engage sLah
adc itronal Sl ECONTRA CIIOR%c as rr ay be iiequireic for the timely ciomplledion of th is Aoreemerlt. In the
event of sut contracting, the sole responsit iliity for fL Ifillmenl of all terms anc cendilions till this
Ac
lreemeni rests with CONTIRAIC1IOR.
1.4. Subciontraiats. CIONIIRACIIIOR shall not enter Into any Subccinitract Lrider this Ccrlract far the
pedormaricel of this Contract without the acvance written approval of CITY. The subccmtilacl shall
incollporale ty reference the termsi and conic ilions of this Contract.
it. SCIOP13 OF WORK: C CINTRAICITC R sit all perform sbleei repiiaiciement asph alt mill anc inlay wank all as
rricine specificeilly set forth in the Slccipel o1 Work, labeled Bxhitill E, Rricing, Exhibit C, Elid Elond, Exhibit
01, Reeormanae Boric, E)Hbit 132, Redormancel Bond, E)hitit D3, Consiruction Detail, EAhitit E,
Conlractarsi Equipment, Exhit it F1, Slubcc rlractors/Fleirsorinel, Ext ibil F2 and Maps, Bhitill G attachec
hereto arid made a part hereof by references anc as cel forth iri thei Specificc-ilionsarid details iriclucluc
therein.
2.1. Nori-Discr.imirisition. The CONTRACTOR sihall comply with .late Exciciutive Order No. 9CI-4 aric all
cithan aRFliicsible Clity, Spate aric Federal laws, rules and regLlations, Iricuding the Aarericains with
Disabilities Act
2.2, Licenses. CONTIRACrn0R shall mviniain in curnen4 status all Federal, State and local licienses anc
pelrrrits nequirec for the operation oil tile tusiness ecnducled by the CONTRACIIOR as applicaitle to
chis ccmtracl .
2.31. Ac v ertising, Ru bll lshir g and Rromotion of Contract. The CIONTRACIT'GH sh all not uee, ad%ertise or
promcite infarmation for beriefit concerning I h is Clonl nacl withoL I the pirior written approval of the CIITM.
Fie ge 'I oil 4;
2.4. Cclmipliance With ApFll'iaable Laws. CON7RACTOR shall comply with all airlFllicable Federal, slall a
and lacaf laws, arc m ith all applicable licenses acrid permit nequiremenls.
2.4.1 Plursluanl to the Flrorisions of A.R.S. § 41-4401, the Contractor hereity warrairitc lo the Cliity 1ha1 thel
Clonllractor and each oil its subconlractorsi ("Slubacnhaclors") will comply witf all Federal Immrgraticrl
laws and regL lelions th al nelale to the immigration .Itallus of 4heir employees anc the requinemenl tousle
E-Verify1 sell forth in AI.R.E . F123-214�A) (hereinafter "Claritractae Immigration Warralntg",'.
2.4.2 A breach cd the Contractor Immigration Wanranty lExhitil A) shall caristilute a material breach of this
Clonhact that is SL tject to penalties up to and incluc inig'lermination of th ei ciantract.
2.4.%1 The City reitairis the legal right tc irispect the Flapers of any Clar iralctor or Subdontrea cr employee wh o
vt orks on th is Clordract to ensure that the C ondrad or an SIL bconlractor is cc mply Ing with the Clantractor
Immi41r2ition Warralnty. The Contractor agre es to asisisl the City in thle conc L ct of any sit ch inspeldions.
2.4.4 The City may, at its stole ciscreltion, conduct rancam veuufications of 1he emplcrymeint records of the
Clantrador and any Slubconlractorsi to ensure aamplHeirice vdth Contractors Immigration Warranty. The
Clordrador agreiss to as:list th a City in performing any SL ch random verificationsi.
2.41.5 The prov ision;i of t his Article m L s1 t e inch c ec in any cantra lct the Clantracl of enters into w til ainy and
all of its subcdntractors who prorice services under this Cclydract ar airy ElLbeclntaact. "Services' are
defined as kirnishing labor, time or eflbd iri the Stade of Mzona by a contractar or subccnhaclor.
Services inch dei coristructicri or mainlenanae of any EULIC L re, bulking or trarisporl aticiri facilh y om
imrlrmerriert to real propeirty.
2.4.6 In aocordariee with P .R.S. §35-39'1.06, tt el Clontnactor h eneby ceirtifies 1ha1 the Offeror does not ha%e
varutinizec business operations in Iran.
21.4.7 In accordance whh A.R.S. §35-391.06, the Clontnactor hereby certifies 1ha1 the Offeran doers nol have
scrutinized business operations in Sudan.
2.6. Warranfles. Orie-Year Wareanty. CONTRACTOR rnusl provide a one-year warnanty ori all work
performed pursuant to this Conlracl.
-I. ACIC]ERTANCE AND OCCUNIENIMION: Each lack shall be reviewed and apFpioved tythe Cardracl
Administrator llo determine acceiFllable completion.
:1.1. Records. llhe CICIN'URAC TOR shall retain acrid s h all conlraatually requires each SIUEICIONTRAIIC110R to
retain all data arid other "retort s" relalirg to th ei acquisition arid Fie r1orrnance of the Contract for a
pe Hoc of five years afler the completion of the Clodliad.
3.2. Audit. At any timle during the term cif this Clantract and five (5; years theweafier, the CONTRACITORI'S
or any SIUSCONTRAICTOR'S tcoke and retorts shall be subject io aucill by thele City 11 the eixtentl that
the bdoks and neccnds relate to the perlormancei of the Contract or ELbcorllract. LFlon reciuest, the
CONTRACT OR shall rpaiduce a legit le caply of any cr all such records.
3.3. NewlCurrerlt Procuctel. All equirimeril, materials, paric and other components incorpgpwed it the
work or serviices performed rlLrsuarft to this Clontracl shall be new, or the lalesl rrocel anc of the mown
suitat le c Wade for 1he purpose inlended. Al work shall be F erfarmec in a skilled wind work marilike
mannan.
Hage 2 oil 45
3.4I. Property of C ITN . Any mateniails, irid uding repartsi, ccirr Flu ter Flilograms a irid oth en df div erat les,
awaled u nder til Is Caritract are the sole property oil CITY. CONTIRACTCIR is not enilitled to a Flateirnl or
copyrjght an those materials and may not trarisller the patent ar copyright to anyane else.
CONI RACTOR s lh all nol u se cm release llh ese rr aterick without the prian writlen cansleirit of C ITV.
4. PRICE: CITY stall pay to CONTRACTOR the sum of FIVE MILUION MC HUNDRED SIEYENTY
EIC HT THOUSAND CIOL ILIARS pen yeah fan the worth and sierviceis desaribed henein, which sum shall
include all cclsis cm expelnseisi incurreic ty CONTRACTOR, payatlel as set forth iri EAtitil C, attached
hereto and rr ad a part hereof by ilefamnw.
4.1. Tlaxesl, CONTRACTOR sh all be solely legally responsible for any aric sill lax obligations, which may
result oul of C CINTRACITOR'SI pe rlarmance of th ie Cardralct. CITY shall have no legal at liciaition to Flay
any amounts fon saxes, of any tylpe, incu need by CONTRACTOR. City agrees 0 at Cc nblactor may I: III
the Cliity for aplpliceible privilege license tames wh iah ane paid for by Clontrad on and ' h at 1 h e City Will
reimburse Ccritraiatcm fai privilege license tawes actually paid by Conlracior. if Caritracton ottains any
refu nd of priv ileige lice rise ta) as plaid, City will be entii led to a refunc of su ah amount s.
4.2. CON TRACTOR shall be salely responsitle fcm any and all lax otligations, which may result out oil the
CONTRACTOR'E perlormancel of this Acireemerd. Tt e CITY shall have no at ligadion io pay any
amounlls for I axes, of any ty pe, inciurrelc by the C ONI RACTC R.
4.3. Plalment. A ceplarale invaiae shall be isisuec for eact shipment of material or service performed, and
no playmeni wail t e is sued prior to reiaeipt of malerial arid/or aamplei ion oil slpecifiec services and receipl
of a oorrecl in%oice.
4.4. Estimated Quantil les. Tlhe quarititiasl fit awn on Exhibil Cl (1 h e Prices List', are estimates orl), t aseid
u Flon available iriformalian. Play merd shall be basec on acs ual quantities and there is no guararltea that
any ceiraiirl quantity shall be requirec ty CITY. City) neverves the right to inarease or decrease the
qu and ities actually required.
4,9. IRS W9 Form. In orc er to receive payrr ent CONTRACIIOR shall t ave a curre nil I.R S."9 Forrr on file
with CITY, unless not required by law.
4.61. Pr ae Adjustment (Annual—C F 11. A I Flricesl ofilerec herein shall be firm agains t a r y incireasle llor one
ill) year from ft ei efiledive date of the Contralcl. Rulon to commence rrlerd cd subslieigluent renewal lerrrs,
C ITNI w'll entertain a request for price adjust mends in aac ardan(a wnlh 1 he ciurrerd Consumer F ricei
Inde). C ION TRAC TOF n1 L st regL est all price ac jL stmenl s in wriling all leash sixty 11611) c ayv prior to the
reriewal dates.
41.7. Acceptance by Clty. CITY reserves the riga to accept an rejecit 1he request llor ai price iriarease. If
CITY arlFlroveisl the price irianease, the price shall remain firm far the renewal term for which it was
requesded. If a pricei inareese is agreed upon a written Clantract Arr erridmeni mLsil be appravec and
er ecu ted by tt a Rarl ies.
411. Pince Reduatlon. CONTRACTOR shall affer CITY 21 prices reduction for its slerviaes conaurrerrit with a
published Fldee reduation make io other auflomers.
S. TERM: Me term cif the Contract is ONE (11 year, commencing circ the JANUARY 23, 2015 and
lerrririatincl on JANUARN 22, i1a16 unless sooner terminated in aasondance with the pro0flans
herein. Subject to mutual acaeplancei by 1 h e Clity and cord ractor, the con» racl may be extent ed for a pl io
RQUR (4) additional terrrris of one yeah esiah. Addifonally, I he aantraat may be extendeld unilaterally for
a Fleriod of t F irt)-one days crr a portion tF emeof.
Hage 3 of 45
6. Cooperative Use e f Cc intra etl In ac c ilion to tt e C i1 y of C t andler and with apFlrov ail of tt ei
CONTRACTOR, thiti Caritract rriay be extendec for use by ocher rnuniaipalitieci, school disiricts aric
govemmenll agencies cif thea Stale. A cL rnenl listing of eligible enllities may tell fol.rid a1
ww%mariccina.aav/materials and lhen click on 'Canitracts', 'S.A.V.E.' hsling and 'ICPA'. Ary siucf
usage by olher enlities musl be In acccndance with the cirdinance, cheater arid/or plroci remenl rules
and necILiationsi of the respective political eretity.
111 required to pravide semiaes on a uchool distrriat propeirly al least five (6, limes curing a mionth,
CONTRACTOR shall subm it a fL 11 set of fingerprints to the sahool district in acocorc aince wt h ALF F.S. '15-
5'12 of each person cm emiployee wto may pro%ice such service. The Dislrid shalt conrduct aflrigerprint
aheck in accorcarice with A.P.E. 41-1750 and P L blia Law 92-544 of all CION'TIRAC11ORSI, si, b-
CONTRAICTORE cin veiridors and their employeas for which fingerprints area submitted to the District)
Adc 0ionally, the C CIN1 RAC TOR fit all ciomFlly with the govenining body ilingerprinting policies of each
iric ivfdual school district/gublia entily. CON TRAC T OR, sub cionl Tactors, vendorso and 1t ein employees
shall nol provide services on act ocl district properties until autr orized by tt ei Malricit.
Cinders placec by other agencies and paymierit Ihereol will tie the sole resplarisibilit) of that adeirq.
The CITY shall not be iiesparisible fon any disgutesi arising out of transactionsi rr ace by other agencies
wiho utilize It is Agreeimenl.
6.1. Emergeniay Pu nchafiesl: CITY reserves the rights Io pu rahase f tom tither sources those ilerns, wt fah
Brie iiequ ired on an emierg ency basis and ca nnol be sL Flplieic immec iaiely by th a CONTRACTOR.
7. CIIMI C ONI RACTUA L REM90I85;
7.1. )light to A913 rance. If the Coity in gooc fahlh has reason 10 believes thal the CONTRAICITOR does not
intend to, on is unable tci perform or ecintinue performing arider this Clontrad, 111e Contract P Idmir iistre tciii
may demand in waitincl that the CICIN TRAC TCIP give E written assurance of interot to perform. Fair ile
by the CONTIRACTIOR to F ill a written assurances whhin the nu mber of Days specified in Ibe cemarid
may, at the City's option, t ei the basis for Terminating the Contract in ac c bion to any other rights End
reimec ies prov is ec by law or tt is Contract.
7.i1. Sltcip W64 Order. The City may, at any time, by written slider to the CONIRACTOF, require the
C ION 11RA CITC IR lo stop ell or any pE Irt, of the work called for t y this Contract fon period) s of c alys
indicaoteid by the City after the order is c elh exec to the CIONIIRACITOR. Tt a order tit all be specif ci 11y
identifiec as a slcip work ander issuec under Ibis clause. Upon receipt of the order, the CONTRACTOR
stall immiediatedy ciomFlly with its leans arc lake) all reasionable sterls to minimize the incLirrenicei of
coals allocable to tt a work cov Bred t y the orc all du ring 1 he Fleriod cif wore eitoppaclel.
71.3. If a sotaFl =6 order issued uricer thi: clause is canceled or ate period of the ander an any extension
expires, the CONTIRACTIOR shall resume work. The C aritract Administrator stall mzik a an equ dablei
adj ustmeni in tt e c eli%ery act eidL Is an Conlract prices, or t ott , and the Coni ract fit all t e amended iri
wriling acciordingly.
7.4. Non-exaiusllve Remledles. The rigtts and the remecies of the Coity under this Contract ane rot
exclilush e.
7.5. Nonconllormir g Tender. SlerVoes and materials su pFlhec L rider 4 h is Coria nact fit sill fully torr ply will
Contact requirements) and splecificaitions. Services or materials that do not fully coemplly cclnstitule a
treacih of conlracit.
7.6. Right of Offsetl The City stall to enlitlec to offsel against any sourrs due CONTRACTOR, any
expenses or oasts incuneed by the Clity, or c a mages assessed by the Cily concerning the
CIONTRAICTIOR'. rian-cc reforming performance or faili,re to pert orm the Contract, inch. ding eye Flenses
to complete the wo6 zinc of t er costs' and damages incu reed by CITd.
Rages A oil 45
8. TIIEIIRMINAIMION:
8.1. Tierminatiori for C onvenie nc ei: CITY reisierves Re right lo lermiriete this Agreemenil or any pE n
thereoll fon its sole ecinvenience with thirty (30) days wiiitten noticiie. In the event oil such lerminabon,
CONTRACTOR shall immediately shop all work hereunder, and sihall immecialely celse any oil ills
supr lieuis and s ubCONTIRAICTIORs to cease s u cit work. As ccimpensadion in fl, II for servicers peri ormed
to the dates of such terminalion, the CON11RACTOR stall receives a fee for the pencertacle of seirviices
actually periormed. phis fee sihall bei in tte amounl is be mutually agreed l,pon by the CICINTRACiiOR
and CITY, Lased on tte agreed Socipe of Wouk. If there is no mdual agreement, the Managemnert
Services airectomi shall cetermine the percertamge of wank performed under each task cetailec it the
Scope of Work and the CONTRACTOR'S cc mpe nsation vlt aill be basec upon sl, cih detendriation and
CONTiRAICTIOR'� feel schec l, le incll,dad hereon.
&Z Teirmiriation llor Cause: Clily may lermiriate this A9reemeni for Cause upon tte occurrence oll s:iny one
or more of the fc Ilowing ev ants:
1) If CONTRACTOR fails t(i perform pursl, aint to the terms oil I his Agreement
2) If CONTIRAICiOR is amdjl,cged a barikrupl cu insolvent;
3; If CONTRAICiOR makes a general asisidrimerit for the be riefil of aredildmi;
4', Ila trustee or reaeiver is appointed for CONTRACTOR or for any of CIOMIRACTOR'S prciFerly;
5,' 11 CICINiIRACITOR files a peitlion to lake aidwirtlage of arry deblor'si act, or to reorganize under the
bsrikruplcy or similar laws;
EI, H CONTRACTOR OR disiregards laws, ardinariceis, rl, leis , negulatraria an orc eirsi of any publics boc y
ha%ing jurisdiction;
7', Where Agreerrerit has teen so lerminiatec by CITY, tt ei termination sihall ricit affleci siny iightsi oil
CITY against C ONi RAC TOFI then a)(sling or which rr ay thereiat er accrrae.
8.31. Clarioellation far Clonfllict of Interest. Pursuart to A.P.S. Fl :18-511, Cl" may cancel ttisi Ccmritraicl
after Clontraid e)ecuiari without penally an further obligatior if any Klerson significantly inivolved in
initiating, neclatialling,-seicuririg, c rafting or creating it ell Conlracl ori t ehalf cif the C ky is an becomes al
any lima wt He thio Cont racl cin ari exlens is ri of this Coni ract is in effeict, an em ployee of or a consultant
io arry other party to lhis Contract. The cancellation shall bei effective when the CONiRACITOR
receiN esi written notice of the cariceillation unles a the nolicei specifies a lacer timie.
8.4. Grattlities. CUTIN may, by writs ens notices, terminale this Contract, in whole or in Klart, if CITY determines
that employmenl or a Glratl,ity wase afilered or made by CCINTRACTOR or a renin cenlativie of
CONTRAICTOFI to any officer cm employee of C" for the pL rrlose of influericing the culcorria of the
proauremerit or securing this Contract, ari amenc menl to this Contract, or favorable bealmeirt
concerning this ConUact, inc l, dirig the rraking of einy determination an decision ar oul contract
performance. The CITY, in eic dition to any ether righle cu reimiedies, shall be eritit eid to recover
exeimglarYl damages in the amourit of tt ree timers it e v all, a cif the Grata. ity ofilered by CICINiI IACTIOR.
U.S. Suspension or Debarment. CITit may, ty written notice to the CONTIRACIiIOR, immediately
terminate this Contract if CIITit delermires that CIONTIRACI11ORI hav been debarred, sl,speinded or
otterwise lawfully pnohibiteic fiiom parlicipaling in arry pinion prciciuremenl aclivity, including bul not
limited to, being disapr1 oveic aisi a SUBIC IONIIRACITOFI of any pl, t licm procurement a nit cum other
governmental body. S l, bmittel of an ofller or e) eicution cif a aontranct sit all attest thal the CONTRACIiICIR
is not ct nmently suspeiric ed cir dent aired. If CONTIRA CIiIOR becomes suspillrided or detiarnec,
CON71RAC11OR sihall immediately notify C 1TY.
8.6. Cortinuation oil Performance 11hiiciugh 1lerminatlon The CONTRACTOR shall continue to perform,
iri aciccirdaricei wilt the reiquinemenls of the Clanfnact, l,p to the dale of lerminatierm, as direced in tte
termir ation notices.
Page 5 or 45
8.7., Nc Miiver. Either part y'si failure to insist on strict performance of any teiirr or toric ition cif the Contract
shall riot be c eemeid a waiver of than 1 erm or toric ition ever if the party accepting or acclt iescirig in th e
rioncclriformi% performaricei knows of 11111e ii o1 the performancei and feiils io objet tci h.
8.8 Availability all l rds for thel next Fisicial Year. l rids may not preisienlly to available under ttlis
eigreemenl 1: eyannd th a current fiscal y ear. N o legal liability on till a part of til e C ITY for services may
arise under 1111i agreement beyond the ourreirit fisciai year unflil furics are made available for
glerformance cii th is agre eimenl. T he CITY may reit Lice sieniiiceis or 1 erminate this agreement with out
further recourse, obligation, or penalty in the event chat insiuffllcierit ftrica are eipproprialed. llhe Cly
Manager shall h aive th a sole and t rifettered discretion in c etermining til a a%aileit ddy of fu rids.
91. FORCIE NIA, EUp E: N either party sih all be responsible for c elays on failures in perloni arnce rest Iting
fiom acts beyond their control. EStch elcits shall incluce, k ut net be lirr10ed to, acts of God, riots, acts of
war, epidemics, governmental regulations imposed aftein the fact, fire, ciarrimiunication lime faliltni
power failures, or earl hqt aid es.
1 (l. DISPUTIa RESIOLU111ON.
10.1. Ariza na Law. 1111 is Ac reemient shall be go% enned and inlet ietec according to tiler laws of t h e SI1ad a of
A Oona.
10.2. Jur sc ictilori and Venue. Tlhe parties ac ree that th is Agreemenil is made iri and sihall be perfonnec in
N aricopa Court) . Any W wsuits between th ei F artiest arising at t cd this Agreiemeirit shall bd brat ght and
cionc uded in 1 he courts of N ariciopa C au ntyl in th a S Italle of Arizona, which shall have excllush e
iL nisdiction over such laws t ils.
10.3. Fetes and Costs. Oxcei1rlt as citherW se agreed by the parties, 1he prevailing party in any adjudicadeic
c ispule relating io this Agreement is eiritilled to an award of ueasonat le ablorney's fees, emperl wits i5a
lees and ciosts irnduding, as EiRpliaable, arbitrator fees; prodded, however, Thal no award cif attorrieiy's
flees shall e)ceeld len percert 11'10°/x; of the damages awarded the prevailing party uriless the rion-
prevailing lavrty has been delermirned to have acted in bad faith on iri a frivolous marinein dui iris the
ac jL dication.
INDEMNIFICATION, To 11111-e fullesii exleril permitted by law, CCNTRACI11OR, its sucicessors, assigns
aric gL arani ors, shall defend, it c emnify and hold h armlesa Ch y and any of hs edeic' ed or apl inle d
officials, offlcers, direarlors, cammissionersi, board members, agents or employges from and against any
anc all allegaltions, derr ands, cilaims, Fpiocereidings, OL ills, actions, c amages, including, wilhoul limitation,
prorlerty carriage, environmental damages, pgrsonal irijt ryl aric wronglul death cilaims, lo;ises,
expenses Qiricludinng clairr ac,justinc and handling exrleinses), penaltfes and fines (iriciluding, tut not
limped lo, attorney fees, clot rt costs, aric th a cost cd aFlFlellate rpoceec irngls}, judgments or obligalions,
wh icih may be imposed L porn or incu rued t y cir eisserled againsit the City by reason of this Agreement cin
th a cervices performed or permissiciris cpianted uric eu it, or Iielatec lei, a(sing from cin ciul cd, or reisuh irig
frorr any necllident or inienlicirial actions, velsi, errcirsi, mistakes cin omissions ciatsec in whole an pari by
CONTRACTOR, or any of ills siubcoritracitorsi, or aryorie directly or indirectly employed by any of ihem
or any one far A hose acts any of th em may be liable, relenting tel the c iscli role cif any c L tiesi or the
exeircies of any rights or privileges arising from or irnaidenial to this Agreement, including but nol fimitec
to, -iry iii ii or dam ages claimed by ar y of CONIIRACTIOR'si anc subec riitrac tars employees.
The amounll anc type oil ins it ranee coti erage nequiremenls set farth in th a Agileerr ent vAll in na way l: a
aonstrL ed eisi limiting the scope of irnderr nit) in till is paragraph.
Rag a0o1145
11. IINSIURAINCEI;
1. General.
P. fit the same time as epi eculion oil his Agneement, the CONTRA CTIOR sh all fu i niish the City of Chandler
a ceirtifncate of Insumince on a slandarc irisurcrice inc tstryl AICORD ilorm. The ACORD form mtsi be
issued ty an irisurarice ccimpery authorl2ed to transact business in the Slate of Arizona pclssessing a
cu rrenl A.W. Beist, Ina. ralir g of A-7, oii tatter ar d legally at thorized to do bu sinesis in tile Spate of
Arizoria with policies anc 1lorms satisrfactoryl to CIIT'V. Flrovided, howeven, the A.M. Best rating
reclluinement shall riot be deemed 10 apply to recltire d Workcws' Clompensalion ccverege.
B. The CONTRACTOR and any of its subciortractors, subconsultarlts on sWiceinseeis shall procure and
maintaiiri, until all cd Their otilidalions have teen dkichargec, incdtdirig any warranty periods unden 11Hs
Acl merr enll area se tisllied, tt• a Insurances sel forth below.
C. 1h insurance requirements sell farth below area minimum nequinements for this Algreemerd anc In no
way limit the indemnity covenants cc stained in this Ac reemeni .
D. Ve Chy it ra way warrants that the minimums insurance lirrils aontairned in this Acreemeni eine
sufficient to pnotect CONTRACTOR from liabilities that might arise out of the pelrlartrance of the
Aclneerrent serviieesi under this Agneement by CIONTIRACITCIRI, ils agentsi, nepresentativas, employees,
su k oonilnactors, ,it C Iieeinseas or eubconsiulteints and 1 h e CONiIRAC TOR hi free to purchase any
additional insu nance ass may be c eteirminec niec essary.
H. Failuine to demand evidence of Will ccimpliancie with the insurance regtinemert,i in ihns Agreeimert on
failures to identify arty insurancei deficiency mill riot relieve the CIONiIRAICITOR from, rior mill it be
carisiiderec a waiver of ils obligation to maintain the reiquined insuiiance at all times during the
performance of this Agrenemeirit.
F. Use cif SubCortractcnrs: If any work is tiubccritraateic in ary way, the CONTRACITCIR shall execute a
written aigreemart with Ettconlractor cioniaining the same Incemnificatiori Chaise and Insurance
Requirements as ! h e City, nequiresi of th a CIONTRACT OR in this Ac neement. The CIONi RACiIOR ki
respc risible for executing the gepneerrent wit h the Slubciontractor and obtaining CerlifIce tes of Irisuraincei
and verifying the insurance requireirnerts.
a. Minima rrn Scope And Limiils Of Inst nannei. ilhe CONTRACTOR sit' all provide coverage with limits of
liability riot less than those slated below.
A. Commierc nal G Einerail LliabulityFOcciurrence Ronna. C ONIIRACITOR must mainlairn "oucurnence" ibrm
C ommeroial Genenral Liability insu rancen with a lim it of not les s ft ar $121,00(1,000 for each ocourrencei,
$4,000,000 aggregate. %$eiic insurance must also include coverage for products anc completed
operations, iricepgridenl contracitons, personal injury and acveriising injur)I. If si ny 9xcessi irisunancei Is
uiiliaed to fulfill the reclu iremeirits of this paragraph, the Excessi insu rarnce must be °follow form" equal or
broader in cciverage scope th an t rnderlying insu nance.
B. A (i tom obile Liaibilit)+Anyl A uio or C lin nea, Hirec anc, Non -Owned Vehiciles
Vahicile Ll ieibidity. COh TRACTOR mueit mainlain Susiness/Auiorr c tile L iak iliiy insu rancie w ih a hmil of
s1,000,000 each accident on CIONTIRACrnOR owned, hired, and non-owr ec vehiclesi assic rued to on
used in ft a periormancie oil the CONiiRAC11ORI's work or servicers under this Aclneement. If any Bxciess
or Umbrellas insurance is utilized to fthill the requirements of this paragranph, the EAceiss or Umbrella
insu rance mt st be 011ollaw llorm" equal on k roaden in cov erage scioge than underl) ing in,nu rancei.
Page 7 of 461
C. Workerz Clompeirsaticin and Elrrn;loyera Ilia klity Ansurancer CICINIIRACITCIR muss miainiain Workers
Compensation insurance to cover obligations impgsed ty llederal and siatei statutes having ,jurist ictior
of CONTRACIOR employees engapac in the perfcrmeirnae oil work or serviceis under thisi Agreement
and muat also maintain Employers' LiabiNy insurance of riot less thari $1,000,000 fan each aiccicent
and $1,000,000 c isease fcln each emplcryee.
D. Buldders' Riskl Ms urance (Course of Construction). The CONI1RACIOR bearsi all nesparisibility for lass
to all Warty being performed and to buildings uricer consilrucition. Unless waived in writing by the City of
Cheer c ler, the C ONTRACIIC R will purahaae and maintain iri force Builders' Ri4-1 nslallation insurance
on the entire Work until ccimpleled arc accepted by i h e C ity. This insu mince will be Special Causes of
Loss policy form, (minimally including parils of fire, flood, lic htnincl, e) plosion, windstorm anc hail,
smoke, aircrraft and vet ides, riot and cihil cc rrnmotrari, lhefil, vandalism, maliciaus mischief, and
collapses), corrpleted value, neplacemeni cosh pclicy form equcl to tiles GMP avid all subsequent
mac iflcalionsi. Ilhe C C NTRACITOR's Builders' Risk-Iristallalion insurances rr r, st be primary anic not
conlribuiory.
1. Builders' Risnk-IristalWion insiurance rriusit riame they Clityl of Chandler, lite CONIIRACIIOR aric all tieiis
cif Sub Coni rad ors as Addficnal Irsured's and must ccintairi a pro%ision Itat this insurance wll riot to
cancelled or materially ailerec wittlaut eit least JCI days acvancie nofice to thea City. The City must v1sio
be riaimeic as a Loss Fayee uncer Builcers' RisPristallalion coverage.
'2I. Builders' Risk -Installation insurance must cover the enllne Work including reeisonable aompgnsefioni feu
eirchillects and enginecirs' sierviceis and expgnses and other "safll easels' made recessary by an insured
loss Builcens' Risk -Installation inaurancei must provide coverage from the lime any co%erec property
ccrrneis under lite CONTRAICTOffe control anc or reisporisibilhy, and ccritinue withoul irlerrupticiri
du ririg course of oonslrucitiorn, nenovation and cut iristallalioni, including anytime during wt ich any prajecil
properly or eclOpmerit is in transit, tiff sate, or while an site for future use or installallon. Insurcc
prc Fleri y mush irrlude, but not be liml led lo, sciafi olding, false Honk, anc temporarM t u ilc ings sit then site.
Ilhis insc rance must also coyer tt a cost of removing debris, incluc incl demolition as may be legally
resqu ireid by operas ion c9any law, orc ineirice, regulation or coca.
3. 11he C ONTRACMR must also purcih ase and maintain Boiler anc Maahineryl inal. ranee with th a same
req ireunients as Builders' Risk-Iristallalion insurance aitac above if the Work to to periormec involves
any e) posit nes or insurable property normally cciverac under n a Bciller and Ma cihinnery insc ranee pcllicy or
made necessary as requ ined bylaw or testing requ iremenls in 1 t e peirformaricie o1 this Agreement. Ilhe
CONTRACTOR mill t e responsible for any and all c educt it les undessn these pciliaies and the
CONIIRACIIOR waives all hclhtss of reiciovery and subrogation ziclairnst tMe City under lite
CONIIRACIOR-prcvidec Buildeirs' Risk-Ineitallation insunancei described above.
4. Builders' Risk Insurance must be maintained L ritil wt ictever of the following first occurs: Qi) final
Flaymeni has been macer, cm, Iii) until no pgrson or eiritity, often than the CiW, has an insiurablei innteuest
in the properly requireic 110 bei ciaverec.
a. Tt e E uildersi' Risk insu ranee must be enol nnsed so that the insu ince will not be miriaeled can
lapse because of army parr ial uses or ocaupaniciy by the C i1y.
b. let is insurance must include as named irisureic s, tt e C ily, th a CONTRACTC R, SlubConlictors,
Subuarisultarits and oltersi with an incurable intereal in tt a Wank wh ci will be named as
acditionai insureds unless they are able to provide same level of cioverage with the Cily and
C C N TRAIC TOR named as ac c ii ional insureds. Clertificates MLSt aontain a pravisiorn 1 hal to e
insurance will riot be cancelled or materially aliered wlhoui at least 3tl days advariae riciticei to
the City. The Clity mush ahici to niamed ass a Lass Payea Lrider the Builders' Risk-Iristallatiorn
ccvereigei.
Page 8 of 45
a. phis insurances must be written Lsing the Speiaial Causes of Loss pallay corm, replaciemeni cast
basis).
C. All rights of subrocledion ane, by 11h is Agreement, wanved against th a City of C hanc leis, its afllicers,
officials, agents aric employees.
the CICINTRAICTOR is responsible for paymenil of all deductibles urder the Bluildeirs' Risk
policy.
3. Additional Policy Rrovisions Reauireic.
A. Slehl•Insu►aid Reilentionsi Or Decuct+ibiles. Any self-insured retentions and dec L cdiblev rr Lsi be dec avec
ar c arlpro%ed ty the Clity. If not appaoved, the City may raCIL lie 1 hat 1 h e insL rer neducel on eliminai a any
C ec Lctible or self-ir sured rederiiions with reispecit 110 tt is C%J, its officers, officials, ac ants, employees,
zind %olunieersi.
B. CilLy as Addhl ionad Insured. P el policies are tcl coni ain, ar be andon ec to cions ain, tt a follawing
peovisionsi:
The Commercial General Liability gird Auiomcitilet liatililly policies are to coritdiri, or to endonsec io
ciontain, the following pravisionsi: lite City, its officers, officials, agents, and err playeas are adc iiional
insiL reds with reispeci to liat ility arising out oil activities performed by , or on bet alf af, Re
e
CICINIRACICIR irlcluding the City's generail stpervi,iion oil ties CONTRAICIIOR; Finodtcts and
Clompledec aperallians of the CIONIIRACTOR; arts automobiles owned, leases, hirers, or torrawed ty
11he CION TRACTOR.
'2I. The CONIIRACIIIOR's insurairicie must contain broac form conitilactual liatility coverage and must nal
e) Gude lint ility arising oui of exr losion, collapse, or uric anground prape rty damage h azands I"XCU" j
coverage.
3. The City, its officers, offinials, agents, anc emrlloyeea must be additional insureds to the fLll limills of
liability pt rohas ed by tt ei CONTRACTC R even ii those iimil s oil liability are in ei)cess of those requires
by it is Agreerr ent.
4. The CIONTRACIICR's insurancie aaverage rrusl be primary insurance with respect 10 the City, its
officetrs, officials, agerts, art emflloyeev. Any insurance or sell-instnanem maintained by the Ciy, its
officers, officials, giclelrts, and errtployees scall be in exaess of the ciovereige pro%iced ty Re
CONTRACITOR and mL at not coribitute to ii.
5. lit a C CINTRA CTCIR's insurance) must apply separately to each insures against wt om claim is made or
suit is brtoughi, excerpt with respect to the lima s of 11t a insurer s liability.
6. Clo%erage pro%is ed by tt a CIONTRACITCIR must not be limited to the liability asstumed L nder thei
indemnificiation pro%isians of tt is Agreement.
7. I t e palicles must contain a several illy of interesi alar se and waiver of subragation against the City, ist
off vers, officials, agents, and employees, fan lossev arising from W oris perlormcid ty then
CONTRACTOR for the Cliiy.
B. Thel CCNTRAICITOR, is sucaessiors and or assigns, are requires to maintain Clcimmerc'al Cleirterai
Liatiliy insurance as srpecifiec in chis Agreemeird for a mirlimurr period of 3 years following completion
and acceptance cif the WoO. The CICINIIRACITORI rrtst submiil a Cerifficiate of Insurance etvideriaing
Clarrmencial General Liat iliN irsureirice during tt is 3 year period cionteining all the Agreement
insurariae requinamenls, including ntarrincl 11he Clity of Clhandler, its agents, representatives, officiers,
c irectors, officials and employeev ass Alc dition al Insures as reqs irec .
Fl; ge 9 oil 45
9. If a Certificarle of Innnancef is sitbmitteie as verificaticin of coverage, the City will reasonably rely upon
the Ceirtificaie of Inat rance as evidences oil coverage bus tt is acceptar ce and reliarice will riot waive an
aper in any way the insurance regtifiementtl or obligalicirisi of This Agreement. li any cif the requires
policicsi expire du ring the life of this Agre emerii, the CIONIIRAICITOR must forward renewal or
replaceiment Cerlificates to the City within 10 c afys after the reirienwal dale coritainincl all the necessarH
inuL iianc e F rovisians.
121. NOTICES: P111 riciticefs or cemands iiequired to to giveiri purstairl to the terms of this Agreemerii shall
be given to lI a ocher darty in writing, celiverec by hand c r registered or ceddieic mail, aft the adc resses
seat faith below, or lo such atter address as the Farties maty subttittte by written rfaticef given in thea
manner preiscidbed in It is pafragra rlt.
In ite cfaefef of the CITY
CoritractPdrrinistrator. -'Er. Shleels Coardinatcir
C on1lacl:
Mailing Ac c ress:
Physice I Adc re ss:
Clily, State, Zip
Phorie:
FA)(:
Al Hauslo
975 EI. Armsirorig Way
Charidlen, AZ 85225
480-782-3509
480-11182-34f
In the case of the CONTRACTOR
Firm Name:
M.R, Iannen DeNe opn ert of
Constructian, tnCL
C cintaci:
Kevin Clary
Addrefss:
1327 IAL Elan Pedro St
City, Sltale, Girl
Gilbert, AZ 89233
F hone:
480-6&,14500
FAX:
480-633-8,111
Rday@mrtanner.ccim
Noliceiti shall be deemed received on date celhered, if deliverec by hared, and on the delivery datte
indicated on receiigt if c eliverec by ceirtified cir regisiened mail.
1% CCINFLICIT OF INTIEIIiIESIII:
13.1. Na Kickfiack. CIONIRAC11OR warranfis that nci person has been amplayed or reitained to solicl or
seurci Itis Acliieemeni upon ani agrefemea or undersianding for a commissiciri, Flercentage, krokersige or
contingent feet anc theft no member of thef Clity Couriail or any employee of t he C ITlil h ats any iritefrest,
finfancially or otherwise, in i t a firms t mess tt is interest h as been declare d pure ivanl to 11:11 of FlroVi ions of
A.R.S. Section 38-901. Any such interests were disc) osed in C ON 11RACITORS progossl to it a CITY.
13.2. K i6 t ack Term Ination. CITY mast' cancel awry coritract or agrefeimenl, withal t penalty or abligalion, if
afny peirscin significantly involved in initfefting, riegoliating, searing, drafting or creating the 2greement
cin Eehalf cif She Cin isf, at Fury time while the Poneement or any extension of the A9reemerit is in
efilect, an employee of any tither party to thea Agreiemenl in any crapaciW or of CONTRACTOR to any
ather party 10 tta Agreemienll with respqct 10 thef subject meitteis of 11he Acireemesnit. The cairfaellatlon
shall to effective when written notice from CITY its receives by all ocher parties, unless the notice
speaifres a later l !me (A.R.81. f1218-511; .
13.3. No Conflicil: C CINTRACTIOR stipt ivies that its officeins grid employees co not now have a ecriflicl of
irierest anc it ft rthesr agrefes for itself, hs officfers aric its employeefs That it will not ciontrad for or acciepl
employ ment for the periormancie of ary wcink or senfices w iih any inc K idt al E usiness, corpere tion or
claverrirr efni unit 1:11 eft waulc cnealef a conflicit of interest in the performance of ils obligations Fltrsuanl 10
this pra,jeid .
14. G ENERAIL TERMS:
14.1 Ownership. All delivesfables and/or other praducls of tte Corlract (inclucincc but not limited to all
softwaffe daaurr entafl lon, reports, records, summaries and o1 t er matter and materials Flrepaned or
defvelopec by CONTRACTOR in pertormancfe of the Conlracl) shall be the scls, absolule and efxcflusive
property of CITY, free from any alairrf or reteirtion of right circ the part of CIONTRACTCIR, ha agents,
tit b -cants actors, officers of employees.
Page 10 045
1411 Performariae and Raymerit Bonds.
Within fifteen (15; days from the time a Conlract is awardec , CC NITRACT OR sit all fu iiniish fully
e)ecLted Plerformance and Raymerii Bond IlLabor and Materials) in sLah fonri aric conlexi as
delerminec by CIIT11 from a surely appro%ed by CITY. Said bonds shall be iri a sLm no lexis than one
hundred (100%) of thea Contract price.
ClW has the option to farleii tiaic bonds if the Conlrad is terminated by the c efaull of CONTRAICIOR
or til CITY determines that CONTRACTOR is unable or unwillirig to ccrr plete the work as arlecified in
th a Clontrlact ClocumenN.
Il the Coninacl scihedule is not adheres to, anc CITY delermiries chat the worth is unlikely to to
completed with in a masoriait le time after the original target date, then CITY may terminate 11h e Coni
and collecit tli Re rfonrr eiriee Boric.
The Redormance Band will dei rev'awed annually and any increases in the ecintract amount will requires
boric to be increased and neissued.
14.3 Entire Agreement. Ttlis Agreamerd, including all Exhibits attaches hereto, ccinstitutes the entire
Lndersiainding of Ore parties anc supersedes all lis representations, writtleri or oral, with revFlect
to thea vervicies specif ec hereiri. This Agreement may riot be modified c n amende:c except by a written
cocLmerit, signed by 91Lthorizled iiiiepreventatives cn evch Farty.
14.4 Arizona Law. Thiv Agreerr erit shall be goveiined wind inteiipreied accorc irig to the laws oil the Stader of
Arizona.
14.5 Alssigrim entl: Sleruices co% ened I: y this Ac reem ent st all not be assicl nec in wt ale or in part w thou t the
prior writter consent ct the CITY.
14.6 Amendments. The Conlract may bei modified only th rough a written C c ntraic Ameridment executed by
authorized persons fcr bosh partes. Clhanges to the Contract, including the acdition of worts or
malerials, the revisions cf F eyment termv, or th a sL t stiiutiori of %ork an materia Is, directec by a persion
wit o is not speaifically a& c izec by the Clity in writing or made L nilaterally by the CONTRACTOR are
%iolatioris of the Contract. Arty sucF ahangeisi, incilLdirig uriaLthoiiizied written Contract Amendments
shall be %aid and without effect, and the CONTRACTOR shall riot be erditlec to any claim uricer this
C artract ba sed on such ch a rages.
14.7 IrideFlerideirit CONTPIAICTOR. Thei CONTRACTOR under itis Clontracl is ari incependenl
CONTRACmOR. N eh her party to this C onll nod sit all be deemed 1 o t e th a err ploy ee or aigent of it e
ocher party to the Clontnact.
14.11 No Para lei IEvN eincie. Thie Contract is intended t y the parties as a final and complete e� greceiion of
their agreement. No aourse of prior dealings bedweeri the parties and no usage of the trace shall
su F plemenit or uNplain any terms uved in this document and no oth en understarc ing either oral or in
writing shalt be bins iricl.
Page 11 of 41
14.9 Ali ttority: Baah pari) hereiby wananls sand reipresenis Thal it has flll dower and authority Io eiriteu info
aric peld orm this A Igueerr ent, and Rat at the person signing on behalf cif east has been pnopenly
aulhoriaed and empoweired to enter this Agreement. Batt party further a6nowiedgmi Itall it has read
11 - is Agueement, L nderstelnds flI, and agreesi io be k aL nd ty it.
IN WIThESIS WHERIECIF, tte pertieisi have Heneunio subsicribeid their names to thi.i
day of i e4 r u&,;4, 2015.
FOR TJNECITY CIF Cbi#,NDLER FOR
Ey:
Signaturel
APPROVED ASI 1110 FORM:0 jo A-
/ A T:;1fMfion
C' Rome Secre
ATIIESIII: CKy
�tiO
CiN Clerk
ij" N
P agu 1:1 a145
EXHIBIT AI
Coni Immigration Warrrlly
To He Clamipleled I:y Conlracior Arior to Execulion of Clontraicl
A.R.S. § 41A� a1 requires as a condition of your con9aacl ueiificatlor of compliance by ttlo ooritraatar anic sic tconitractars
with thea Feeeral ImirriiCIratian anc NatfonvI4Act (NINA), all ottelr Rederal immigration laws and Nguiatiorls, and A.R S. §
33-214 rulalec to the immigratlori status of ills erriFlloyee s.
By torr plelinig ar d sigr mg alis llorm the contractor sh all attest tt1 at it ar d all subooritnaatars performing work u nc er the
aitec cc nitrad rr eel all cont Tons conilained h erein.
Cor tract Number: STIS-7145,3478
Name as listed In the contract): M.R. Tkanner Development 8 Construction Inc.
Street Name and Number:1327 W. San Pedro St.
CRY: Gilbert Statel: AZ -ZTp Code: 85233
I heieeby eittesl thal-
11 Thei contrActoc compliers with the Hedeiral Immigration) and Naforial'dy Acl ilFIINA), all tither Aederal immigration
laws arid ile5ulatons, anc A.R.S. § 23.214 iekited to the immigration status) cd those empiayeea perfarmirg w0i
ur Ic eii i h is cont recti
2. Al su room acitars performing K ork u nc er tills ooribact comply with the Feid eral Irrmigrat-an anc Natfonality Acl
(ETNA), all olhen Hedelrl immNratlorl law;i and negulalions, anc A.RI.S. § 23.214 relale:c io the irrirri{grationl status
of ttleir errlployees.
Signatu f Con mployer) or Alutl1 orized Ii r1ee:
Printed Naime: eve,, POav
Title: Se redo r t i�ure r
Date (moni li al 1year):
Hage'13 o,145
EAHIEIT s
GENERAL INFORMATION
C oninactor t0all pnovide E trect Replaceimeril Avrlh alt Mill & Inlay services an an as neec ec basis
Made irlc iciaiing poieniiail worth localionu are atilact ec , Ext it it G, howe%er these Iocallansr are subject to
chance.
GENERAL CONTRACTOR QUALIIAICAVONS
11he Caritractor shall t e in compliance wt h all applicable Federa 1, State, L oval, ANSI and OSHA laws, ruffles anc
reigulat ions and all off er a pplicable regulat ans far the term of tt is ceini ract.
11he Corilractan, witilGO additional experise to the Clily, shall to responvible for obtaining and maintaining any
neceesaryl licenseis and peirmits requ fired iri carineclion with tt a sampled ion of the required eiEir%iceis hereon.
11he Coritractcu must hold si %alit licensee issued by thea Stale cif Ariaona RergisViar of Conlractars prior to
su t missiori of a t id anc must maintain same throt glhout tt a du nation oil the conttaat term arid any subsequerit
cc ritraict ex ensioris. Failure to maintain said license may be grow ric s for deliaL It of tt a aontuacl grid subsequert
teirrr inat<ari.
V a Contra d or may not sub(oritract airy segl menl or senaices covered herein, withcrL 1 prior approval cif the
Contract Ac ministrator. All subdontnactor, useic under the scc pe of this canliact st sill meet all raquinements,
terms and cionditiorisi set forth herein. All subcorltracitec services shall be warranlec by and be the
responsibility of rte Cbninactor.
Fagei'14 of 45
EXHIS111 B
11E3C HNICIAU SIFIE3CIIFICIAIII0NSI
STIAN OARC 'SPECIFICATION ANC STANDARE DEIT.4111M1. City of Ch arnc leer is riaw, ope natirig under
the latest revivion of the 201A' edition JIM 1- 20'14 revisions) of the Uniform Stancard Slpeclificalion grid
Cletalils for Rublic Wanks CoristrL d ion, Flublishec by the Mariaopa A ssualation of Governments as
amended E y th a Ch y of Chanc lei, which is herewith incorF orated t y refeierice and mac a al: air hemeof.
AISPIHAILT CONCIRETS MILLING—VAIRICIUS LOCATIONS
MILL ASPHALTIC CCNCIRETIEI RAVEIMENTI i' CIONIIRACIOR shall remave existing asphaill
pavement to linea aric c arghs inc icatec In the spegjlfications in acct rdance with 1 he reclL irements in
MAGI Standard Slpealfications, Section ZZ0. Alspllalt shall be milled Lsinig a high flow millirg drum. All
milled maieriah will be haL IEIC ofil s he and will be disposer at CIONTIRA CIICIR'SI expense. After milling
arid prior to the crack soiling, the entire sireed mill be swept whlh a vacuum or iegenerafn a air sm eepel
lo rarrave louse material. CONTRACTOR shall pre-lawer all eAsling Utilities, survey monumenis, anc
braise cgiFla prior to the milling operation. All Pre -lowered ublillies, siurvey iriianumeirite, Grid brass caps
shall h ave a temporary asphalt patch installed flushed with existing pavement.
Meavurement and Davmient: Measuremeni anc payment for ACI millincl shall be for each sq ue ne yarc
of milled asFlhait complete in place.
ASPHALTIC CION CRE TE: C RAC w SIE9ALJING. C erieral Flequiiement - Wark shall oonisist of inspecting
the asFlhaltici cariarele pavement ilor crocks after milling, clearing cracks iri the eAstirig biluminousi
pavements anc applying a Flra m ixec asphalt rubber sealant. The work coos not inalude palch ing of
patholes or alligatan cracks. C ONTIRACTIOR shall provide sill traffic alnlrol necessary to accomplish
the negL fired work.
Clleanine of Cracks - Ayolvina sealant. CONTRACTOR sl• gill seal all cliacks willh an average cllear
opening of A" or sreaien. All cmacks with an average) clear opening or less than 1/4' shall not be seeileld.
Immec iviell pricui to appl3 ing the sealant, the creaks shall bel thorouclh ly cleaned of loose parlickis,
dust, are other celeteriaLs siubslancels by means of using forced air 1165 psi and greater; wilh a
downward blast inilo th a crack and a %acuU m attachment to vacL L m the c et ris released. The material
shall be vacluumec and contained to Flrevert it ilrorr getting irto the atmioslFlfeie. All araaksi shall be
clearied to a depth of from '%" to 1". C ontract A dmunistrator/desigriee stall make the delerminalic n pis to
wh at work will be done L rider th is contract.
Sealani shall be C RAFC Cl Polyflex Ty F e 3 or approv ed equal. CONIIRACITICIF shall phice sealant so
as to nct compleitell fill the clraak to preverit clraak seal matenial from boiling ovenr durirg paiving. Ellotter
material (;land) may be regLlled to prelvenl asphalt -rubber Heed and/or pickup oil ;leeilant by vehicular
tnafflc. CONTRACTOR OR shall apply 1: Ictter material of a iypel acceptable to and a1 the) direction of the
Ccirtr2ictAldrriiirlistredor�idesnigree i1ro celment powder shall be acceplable).
E aui pment. 1 he equipment L sec k y CON TF ACITOFI in the aFlplicnation oil the asphalt n t t er mai erial
shall have a mixing sy stem in the material vat in orc er I rr aintain a c onsistentl L nufarm, h orriiNleneoL s
mixtL re thrcL gh out Its chuck sealing opgrstion. The unit shall teat the aarit alt rubber material t y
rrisans of ar indirect heat blarsfer mectan for Fldequale material lempgliatuse control. lite equipment
shall pro%ide a corltinuou s aL Flply so that ape radians may praceed withaul c enlays C ON11 RACTOR shall
apply the maierial U r der presslL re with al h ase anc wand assembly The C ontliact
Administrator/desigrieie, prior to L se, titsill appro%e any equipment designeited far use by
C ONTIRACTIO R.
Pagel] 5 of 9 5
Measurement and Ravment. Measureimeni and Faymen'l shall be by the lineal fast of cuaciks sealec
eomFilete in place in accorc ante with tt a Flroject.
Within two 112) days after the work has been completed on residential streets, CONTRACTIOR shall lake
cauticn to malle sone the We is Iefll clears and freie of e)aess material, debris, eta. The slreets, gutters,
sidewii0s and cdvewaiys shall be cleariec before the jab Is considered ccimplede. Cleaning cif the
stueets shall be by vacuum ae regenenativei sweerlen. CIONTRACTOR shall be nequirec to cean fte
stueets to the satisfaction of the Contract Adminisiralorddesigriee. CONTRACTOR shall be nespgnsibte
for tt a c isposal of all debris swe Flt from tt a streets,
AISPHALTIC CONCIREITS BASE RERAIJR. Corsisls of filinishing all materials, equipment tacls aric
lab cu as necessary) to visualiy inspelcd and repair the asphallici concrete pavement after the pavement
hats been millet if necessaol as cetermined b) the Clantraicl Administdalor/designee,
CICINIIIRACTOR and Ckiritracit Acminisiralor/desidree will inspect the AIC pavement after milling for
detericiealled areias having e)cessive cracks aric iriedequale AC paverrierit deplhs of less than AS". Iri
the everit itere are deteiricnalled amau or inac equ ate AIC par err erd depts, as c eteumir ed by
CIONTRAMIOR and ClaritracAAdminisllnalloJcesignee, the pavemenll should be saw cull, removec and
reiFllaced wish a 1" liiil cd rew AC pave merit or repaired as direcded by Cbritracd Administrator/cesignee.
If the eDdsling AC pave mien) is saw out and removeic, CONTIRAIC111CIR stall inspect and remove thea
e)isting aggregate base course, and st all replace aric re-campaci cis follows: CION111RACnIOR sill all
re move and replace 6" of aggregate base courses 10 replaces surface aggregate base course ttlat has
Dein c isdunbed or conlaminaled in the process of AIC base pavemient removal.
Measurement and Payment. Measurement arc paymeinl shall be by tte square yarc of AIC Flavemert
removed, replacec anidior repaired ciomFlleite in place in accaudence witt ttese cirlecifica tins, MAG
Sltaricand SlpecMicallanis and as directed by ttei Clontuact Ac ministnatcn/deisignee, irialuding irispeciion,
saw cultirg, ACI arc aggreigale tease course removal, replaceimeni eirid re-compacdior. The quangy
at own in EN hibil C is an estimate airily aric rr ay an may riot b e uses depending on 11 h e candilfori of the
A C pavement afiler milling.
ASIRHALTICI CONCRSTS OVERLAIY f2" thick - 12.5mrr EVAC A/CIl. This womk shall consist of
ccirisiructing a '12.5mm, 2-iriah bituminous pmemerit cveriay in oonformariae with the dirrenvians and
sections shown ori the maps. CONTRACTOR shall (ionsluuct in accorcance with 1te recluinemeMs of
MAG Sltardarc Speciflcatiaris, Secfiorisi 321, and 33EI excieFlt itat the mir design wind material testing
stall conform to tte ledesil Easl Valley Hol Asphalt Ni) Utemia by llhe East Valley kiptalt Cornwittse
(EVAIC;. CIONTRACIIOR shall submit all rni) desigris to the Clontraict Adminisluatan/cesigneie for review
and approval a minimum of len (1Dj working c ays prion io the start of Fluoduction. All f nishec pavement
overlay shall be waler lesled for drainage in the presence of the Contract Administraton/cesignee
before final acciepter ae. Any areas not c raining F raperly shall bei corrected to thea Candrad
Ac ministraitor/c esignee's satisfaction at tt a e)pense of tt a CONTRA MOR. Water for this testing at all
be Fleov iced by the CONiIRACIIOR.
Measc uement and Ravment N eeisiuramenl and payment fon asphallia conicmete overlay shall be bl
the square yeind, complete in place, including lack total.
MAINHOL13 AND VALVE AD. U SIII, Manhole and valves mill bei adjusted to be flush with the new
asphalt. AdjusWerfty will follow MAG Sltclnidard Detail 3710, 43CI-1, 42CI-3, ou 4ZI, and City of Ctandler
De'lail C-40'1. Clebric St ielcis st all be iristallec in all mant ales prion to adjustments aric reimain in Filacei
t.nbl tt a work is ccimipleted. At camplel ion, shields st all be remiovec , enclosures clearied anc
irisipecitec by Cod nact Ac miinistralonldecilclnee. CONTRACTOR st all Flnovide the City of Chzirdler Witt
a final detailed cart iigeis, SRA, Qwest, Wader, etc...), map and location of any aric all utility anchor
manhale adiL sllmenls prior to actual Flroject corrimeiricemeni.
Rage M o145
_Nesisurement aric Payment Measurement and payment for manhole arid vahJe adjustments will be
paid for on tlh a "each" basis.
SREEB IH 11.1111111111281. This work shall carisiait oll insiallirg speec humps per CI11Y Deltaiil C-234 and will be
paid on the tasic of each h L mp crossing the enline width of the sl well will pavement markings irisialled
and compleile in place.
TRAFFIC CONTROL. CONTRAC110R staill Where to all CITY, Slate and Federal Traffic and Safety
guidance, Clitl of Chandler Trafflo Barrimic as Design Manual 47, City of Chandler ML nicipal cede 46.1
2.7.E conslrucltion sign regLNemelnts and the Manual on Uniform Traffic Control Devices (MUIi U).
C C N71RAICTIOR shall su t mil all tnafllic ooriblol plans fan approval to 1he City of Clhandler lhlanspertaticin
and Development D epartm er t d e forei any work may progress. Traffic control stall include L nilbnmeld
Clhanc ler Rolice Officer and squad car as required.
STRIPING. CIC NT RAJCTOR stall Flrovic ei CITY with sitriping as -t a ilde before silart of prgjecl. All
striping shall follow Vhe latest version of Pe CITY Standard Deltails and Slpelciflcallcins Manual. Nci
striping shall begin until approved try CITY llraffic Enclinee(ng Division and Contract
Adminisleatodcesigneei. llempanaryl striping is required where thereto striping is to be applied at a later
lime. Slreed interseciionsi which require -striping shall not nerrlalin Li-mitriped for mane than threes
cclnseaulive Gays.
SURVEY MONlJMENIS. This work will ccirsisl of adjusting sLrmey monuments anc brass caps.
Survey markers shall be acjustec aacciading tcl MAG Stancard Detail 970. Freimes anc ccivens shall be
acjusted aacorcing 10 MACI Slandard Detail 230. Sluruey markers) stall to rel-estatfished and
rellfenenceic by a Regislened land Surveyor (RLS]. The RLSI shall reset arid punah the su ruey markers.
Any and all new sun ell cclandinateis st all be reccmded anc c e scrit ec in detail to the City of CH anther
anc goy erring aurl h oritiesi k y the H LSI.
Measuremerit and Payment. Measuremenl aric: Rayment will be made curl ire "each' basis.
RERIVII11Sl. L rdess otherwise specified, C 11119 will, u Ixln approFlnsate cooperation frlom CIONiiRACTiOR,
obtain anc FPsovide to CONTRACTOR thole permits issuec by CITY. CONTIRACTiOR shall obtain all
otter pemails anc liceinses. CICINTIRAICITOR shall pay all other gcvemmentall aharges and inspection
fees necessary) for tt ei ccrrrsplelion of the work, whicil are applicable at the time o1 tic ope rung. Vit i6 iri
any put lice easement or night -of -way sF aill be done in accandance with the requirements of a permt
issued t y the public agency in whosle easement or right-of-way tF a work is locsatec , in asc c ition to
conforming to the drawings arid sipeci9 icalians. If a pelrmit is not requ hied, th a work shall conllorm to tt e
siandarc s of tf a public agerioy involy ed in addil iciri to conforming to 1 F e drawings and specificaltiorls.
CIT`d pemnils and pelil is from all aFlpliaable gcveming ju nisdiciions ji.e. Maricopa County aric Anizorla
Department cif Transportation) Ellie requireld write perlorming work on CITY contracts. CONTiRACiiOR
slhall Flay all penmil fees as requ fired by the otfl er governing jurisdictions.
Consdruicticlrl warier and landfill fees will riot be waived and shall t e paid for by C ONTRACITOR.
OUSII CON71ROL. CICINTRAICTOSI shall Jeep sluitable equipment on hand at the ;job site for
mlainlaining dust oonlnol and shall employ appnopriatel equipmerd for That purpose, in accordance with
the requirements of the "Marioopa Clounty Brvironmentad Slerviicea Departrrerlt o1 Air Rollution Conlrol
Regulations C ONT RACTIOR shall to responsible fon oblainir ig an Air Qu aldy Rermil for N a riclopa
C aunty pricln to starting the work. Cou rib pelrmit fees st all be paid for by trle CIONTRACTOR.
Rage 171 o114 5
Reaordkeepinc. Any person who ccincucts ccsl-1enerating operations that iiequire a quit Ccnirol Phan
stall keep a written recc id cf sell -inspection on eadi day dust- eneraiting operations are canducted. Saff
int ipection recarc a shall include daily irispectians fon caustec or damp soil, bolt -out cci lane and clean-
up measures, daily water usage, anc du at su rp resssant appliaalion. Suct wr't en reicc rd shall alio include
tt a faliawing informal ion:
Neitt ad, hbqu enc), anc inlensity of applicaticin ar implernerte tion of the conlrcil measures;
N e tt c d, llrequ ency, anc amour t of wate r application io tf a site;
Sl rest sweeping frecIu ency;
Types of surfacci treatments appliec to aric mairitenasrice of treck-oU canirol devices, grarei pads,
fer ces, wind beirriersi, and tarrls;
• Typ ee and resin Its c f test m et ods cant u d ed;
• If cantingeniciy control meascnes are implemenlec, actual aFplication an im plemental ion of contingency
coinlrcl measiuresi and why clodirigencsy cordrol measures weire implemented;
• I1isi 01 SIL b-Cantraclors' names and registvalion num bels updated where ahangesi ave made; and
• Names of employee(s)who ssuccecisfully complelec dust control training class(es) required ty Eledion
309, date of ttei calienee) lhatl such emiraoyee(s) siuccesisfially ciompletec, and name of the
a:igenciy#eipnesenta th a who toric a led su eh class Desi; .
Any persons wt a cianducts c u st-genieraiing operatians tt at do not requires a Dust Contral Plan st all cc mpile
and retain records (including reocires on any streei sweep'rig, water applicalions, and maiNeneirce of
tracker ut control c eviceis, graN el pads, ferices, Wrid barriers, and talrpsi) It at Klno% is a e% idencei oil tong of
nr i, re applications, ky iric icaiing the type of treatmert or control rr eisisure, exlenl of cevenage, and dale
aippliec .
Upon verbal or written recluest by the Contraire Administrarlor/designee, the log or the reccires and
supporting ccioumenlatfan shall be providec as scion as passitle tut no later than 48-hour,i, e.�clucing
we6enc si. If the Coritracl P drri inistral orildesig nee is al the site wt ere requesled reccirc s rise ke rR, records
shall be pravidec wilhoul delay.
Records Retention. Any flersion who candu cts c usi-ge rieraling opelraticins that iii a t]It,s1 Control
Plans st all i etdin copies cf appravec Du s1 C onb of Pk ris, cont rol rreasu rersi im plementation retorts, airid all
cuppartirig documeritabon for ai least si) (0) mond• s ilollowv g the terminafon of thel dusli aneratirig
orleirction grid fon al least bolo 12) years from tt a dale of sL ch receirc s were inilisted. If a pelrson has
ottained a THEI V Permit and is subject 10 the requirements oll this rule, there such person shall retain
reeasidss required ty tt isi rule for at lead f %e (5; ) ears from the dale suct retort s are estat list ed
CLEAN UPI. CONIIRAU-110H stall be responsitle for keeping the sidewatlis, sueels, alleys, aric
acjacsenl areas around Re site fiiee Horn debris, obslaclesi, mud, dire, etc. CONTRACTCIR shall
immeciatey and conlirsuously cilean up any aric all mud or dirt tracikec onto sllneeis or sidewallis by
cc nsl ruc tion l nafflc.
Du siirig procpiess of work, CONTRACTOR shall peep 'Ihe premises llree fiiorri aacumulalians cif waste
materials, vubbisit , and alher debris nese Bing fram work Fatu me of CON11RACITOR to camply with
Contract Adminisiralonklesigneie ciearii aiders may resu It in an order to su sipend work L ntil the
candition is correcied. No adds ianal compensation ar time will t e allawed as a nesu It cel l esu ct
suspenssian.
E)cess on unsuitable malerial, brokers assphallic coriarele, aric tnokeri Igortlarid cement concrete
resulting from Re wark shall to resmored from the sile aric disposed cf ty CCINTRAMIOR. Disposal of
material wilhin CITY limits or planning area shall be approNed by Clartraict Admirusiralor/designee prior
to diarlasal.
Pagel IS of 4=.
C CIN 11RP CTIOR shall pre%ent sill, mud, and/or debris reetu Ilirig from wark filom being c iscih argeid into
CITY storm diains, reitenban baslirls cui strleelt right-af-waysi. Eeirthwaik stackpilesrshall riot e)ceec 6' in
heigf t. Any earthwork vlock pile, iegardlesis of height, stall be rerrovec within seN en ('A) c alys of CiTY
ncdificiation d dust suppression effbrtsi fail to maintair vatislfactory airbcime cionlairimerl corlrcil.
At completion of work, CONiiRACTOR 0 all remove all waste materials, rubt ish and c ebris from and
about then premises, as well as all tools, appliarrceic, eiclLipaleril anc machinery, temporary) coristruction
falcilitiesi acrid surrllus materials. CONTRACTOR shall lea%e ttia site clean and reeicy for occiupancy t
CITY. CIONTIRACTIOR sha11 ieslore ccnditians to their original conditicin, those portions of It she not
devignaled for alleralion by Contract Administrator/designee. CONTRACmOR shall also leave the
publics ricliil-ol-way, all slieeis, sidewalks, uliliW easements, and arty affectec private trpioperly in a neat
anc clean conditiori wish all c amageis, including landsicapind, repaired a nd reslored.
if CONiIRACITOR is irstrucled by Contract Ac minialralor/designee to periormi clean up or shed
sweeping cirleralioris and fads to dci so to Ccintraat Administratoiddesiigneie's siatisfacition within WIo (�I;
working days, CITYI may rliocure clean up servicies aric/or ccimmercial sitreslt vweeping services aired
ch aige st ah aosis, incluc iricl CITIY adm iriistrath a lime, to CONilRAICITOR.
CONSIRUCTiON SIIGNS, It shall be the resparisibilit)j of CONIIRACITCIPI to fumish and erect
coristruction signs ir1 accordance viith eigileemeni speicifioaitionsi. 'the sligris shall be professiorially
prepared and subject to approval by the C oritrce ct Ac minisitiator/c eaignee, shall be mairftairied by
CIONTRACTiOR for the du llaticin of tF ei work, and sh all be removec by CIC NTRACTIOR duriric th a flrie i
clears-up.
The nu mbdi of sugris required, the cizle, steikle, irisiallation requirements anc information to be iricluded
for cidris is eistablisihed ori Exhibit E ijC arisiruclion Sign Detail; ; h owever, signs sli all be a minimum oil 4'
Y 8' anc shall be inslallec so that the bottom of the sign is ai leasl 4' above grade. CICINTRAICTOR
shall include cicisl of sigris in their bid price. Sign localliciris shall to determinec by Contracit
Adminisi ral orldesignee.
Al recluired cionsliuclion signs shall be installed by CONTRACTOR within sievert (7) cays of Nolice to
Proceed. CIONTRAICITCR shall Mbmil all Uaffia control plans to CITY Transportation and Development
Llepadrr enl for vriproval prior to commencing any work.
NOTIFICAUCIN OF PL ELIC . CIONTIRACITOR at all notIN all afllecied ciilizens and businesses by door
flyjer 48 hou rs pr cir to work beginning and include any and all pertinenl information, description of vi ork,
limes, sahedules and CONTIRAIICTICIRSI name with 294-hour cciritacl nu Tribe is. The flyer inlormalion shall
be submitted to the CIONTRACIT ACMINISTIRATORidesignee for aippraval tefore disildbulion. Fxdneme
care shall be taken by CONTRACTOR to ensure Thal all alley access I1gateis, garage doors, eta.; is
clear a r d free of material th at would obstruct operation or admission.
RH07I0GRAFIHS . CONTRACTOR shall furnish a pre-construction vic eo recording of th a entire prpjed
Pule shoe ng the existing cc riditioris of all pa%emer 1, aonarete, piping, eclu iprr ent, structures, Iandsicatrlirig,
buildings, and other site featureas. The %iceo shall be in colcir digital formal. The video shall N submittec
to the Clanilracit Adminisiraior/designee and will be arIpro�ed praor to ciornmencing work CCINTIRACTOR
shall mollify) the Contract Ac miniWator/designee a minimum of 48-h Mrs Flrior to making thel necarc ing so
that the Contract Admiinistralor/designee is au ailable to acieclmpany Re recouder.
Rage '19 o145
EIXHIBIT C
PRICING
No.
Dei arl tion
Est
Unit
L nit Price
Extended Price
'I
Mill As halt 1.5'• .I.OP'
504100
SY
$1.10
S 554,51 CI.O(I
2
Crack F ill
605,000
LF
.15
$ 9(1,7501.0(1
3
Pave 2' 12.5mm EVAC A/C Mix
604,100
SY I
C'9
$ 3,4 7&3S10.(10
4
Adjust Sanitary & Storm Sewer Manholes
447
EA
350.00
$156,4501.0(1
5
Adiust Valve Boxes & Cleanouts
907
EA
300.00
$ 7Ct2,1000KI
6
Adiust Survey Monuments & Brass Cas
283
EA
$150.00
$ 4 2145CLO(I
7
Traffic C cir trol & Barricading
1
L S
$ 110,9801.(10
$110,918CL00
8
Project Sios
5
EA is
5oua
$ 3,000.0(1
9
Contractor Irifflimaticin Signs
12
FA
$ 500.00
$ 6,OOCLO(I
10
C Base Repair
105,000
SY
$ 4.00
$ 420,000L00
Speed Humps per CCC Teatffci 9pedficaliams
$ 3,000I.01a
$ 36,aaCL(KI
(includes slilpinfl pattein pee CoC Traftla Engines ring
'11
Secs)
12
EA
City c f Ch s inic k n Ur idc rme( PaliceOfficer,
(If required]. Conlraclar to b e Pind tt a rictus I cosi oil
$60,000.00
$60,00000
12 lhirina
police officer
1
LS
I !'11 NCTE; A II etripingiquantities are basgd ort 4" eg6lvalenC:1
'134°
Yellow Paint
27,000
LF
20
$ 5,40CL(10
'14
° White Paint
1,000
LF
$'20
$ 200.00
'18
&' Wt t e Paint
11,500
LF
$ '2q
$ 2130C.00
16
T White Paint um Lane - Temporary
2,300
LR
$ .501
$1,15C.001
17
8' Wtile Thermo um Lane
2,300
LFI
$.75
$1,725.(1(1
18
12' White Paint Crosswalks - Tem ra
8'000
LF
F$ .501
$ 4,OOCI.(I(1
'19
12' White Thermo Crosswalks
8,000
LF
1.010
8,00CI.(I(1
20
18' White Paint(Stop Bars . Temporary
3.900
LF
$ .501
$1,950.(10
21
18' White Thermo(Stop Bars
3,900
LF
2.00
$ 77800.(10
22
4' White Thermo Railroad Stop Bars
24
LF
$ 5.0(1
$12CL0(I
21'Z1
Railroad Symbols Per MUTCD
2
SETS
$1010.0(1
$1,0008 0
School Crosswalks: 24'X10' Yeillc w 1• iglt Visibility
$ 5010.00
$ 2,501(1.(10
24
lRectanales
5
SETS
35
School Rall Ott Yellc% Dots 24' Dia.
15
EA
$ 1CK1.00
$1,50010
26
Turn Arrows, Paint —Temporary
11
EA
$ 4CI.(KI
$ 6010.(1(1
27
Turn Arrows Thermo
15
EA
$15(100
3,25(LOa
28
Bike Lane Symbols
15
EA
8CLO0
$1,200.0a
29
White Raised Pavement Markers RPMs
300
EA
$ 5.00
$ 'I,5(I(,LOa
30
Yellow Raised Pauerrienl Markers RPMs
300
EA
5.0(1
$ 1,5(11.00
31
Blue Fire Hydrant Reflectors
315
EA
$ 5.(10
$ 1,515.00
$ 21(10
$ 60(100
32
Temporary Chip Seal Pavement Markersfrabs Yellow
300
EA
33
Temporary Chip Seal Pavement Markers/Tabs White
300
EA
$ 2.00
IS 6010.00
1 C 1AIl illterris '1- 3c1 tax inclusive)
$ 5,278,000.00
* CIL alntities are elstimates only and we riot guareinteelc .
Page 20 of 45
EXHIBIT U l
BID BOND
ARIZONA SITATIUTICIRIY E110 BOND RURSIUAINT TO
1117 LIES 28,341.4 ND 41.
OF Th E AR IZCINA REVISIED SRIATUTESI
(Rarialty of tt is t and rrusl not bd less than 10°/a of the bid amouni)
KA OW ALL MEIS BY THESE FIRES ENTSI: That,
, Ilhereinafyer Plrinairial), as Rrincipal , and
(heneinafiler ' SlureV';, a corporation arganized and
existing urider the laws of the State of , with ils principal officers in
h alc ing a cera ifiaate of aulhorily to transact suletyl t L sinesis in A rizona issueic b) the Direc or of tt ei Darlartmemt
cd IrlSLrence lrlursLant to Ville 20, Chaipter 2, Article 1, ass SLre1y, held anc firmly bouric Lntci
(hereinafteri "Obligee"), as Obligee, in Oe amount of Terri Rerceirit 110%) cif the
amount oil thea tic cd Principal, s u t mitled by Rrinairlal to the Obligee foil 1 he work c escr bed below, for thea
payrred d which sum, the Flrinaipal and tte SLietyl bind ihemseivesi, and Their heirs, executors,
acminisbatars, successors anc asisigm,lointly and se%erally, firmly ty these preisenlls.
WHEREAS, the said Plriricipal has SLbmittec a bid for
Sltreet Replacement &Asphalt Mill 81 Inlay - VarloL s Locations; Agliieement No. ST15-745.3478
NOW, THEREFORE, if the Clbigee accepts the propcisal of the Rrincnpal and the Flrincipal Mall enter inito
a contract with thea Otligee in accordaince w'th the terns oil the prciposal and give the tonca anc certificates cd
ineureince cis specified in the Slanc and Speiaificafons with gocic and sufficient surety for the faithfdl periorrrante of
1 h e aoritre d acrid Ilor th a pramFlt paymer t oil labc r and maleriaris fulmished in 0 a praseaution of the contract, or in
the event cif the failure cif $ a Flrinairlall to enter inlo the cc and Clive thea boncs and certifimtea of insLrance, dl
the Plrinairial pays to 1te Cltligee thea def thence not is exceed the perialty oil the boric beltween the arrount
specifiec in 1h a proposal anc such larger amoL rpt for whit h tt a Obligee may in gooc faf h cc ntrat with anott er
party tci perform the m ork covered t y th a pnopglsal theirs this oblige tion is vciic . Otheuwilkiei io remain in full face and
effls ct providec , how evem, that this bonc is weU ted pL rsL ant 10 the provicicins of Sled ion 34201, Alriaona Revised
SRatutesi, and all liabilitleis an thio bored shall be determined in aiacardaricei with fe prcvivions of 1ha1 section to the
exteirit as ii A were copied at lencith herein.
Witness oL i h ands this day of
Princil:lal
By
Attorney -in -Fact SEAL
Ns:
SEAL SIU R ETY
B):
AGENCY OF RBCOIgCl
AGENCY ADERESS
Rage 21 or 4 5
21015.
EX H 113171 D2
PERFORMANCE FOND
ST.ATU110Rlii FERFCIRMANCE BONE] AURSUANTTO
TITLE 341, CHARlIE3R 2, ARTICL E 2,
OF THE ARIZONA RE:VIEIE EI STATUTES
(Plenaity of ihis bd rid mu sd be 100% o1 the E c nd arniou nt)
KNOW ALL MBN BN 11HEISE PRESENTS: Ilhal, (tereiriefter called the
Princiipal; , a s Principal, and a corploral ion oglanu ed and a.Nisting
L rider 11 he law oil tN Stale of with illi principa l offices in the City cif (heireinafte n called
the Slu rely;, as S uretyl, are helc anc flmr ly t c u nd unio the City of Chandler, County of Maricope, State oil Aril one►,
in 1:11c l amou nll of Dallars II$ _ _ ] , for
11he palymerit whereof, the said Prinaifial and Surat) bind ihemselves, and heir heirs, admirslsirators, e)ecutoni,
successors and assign, jointly and se%erely, firmly by 1 h wie pllesents.
WHEREAS, the FlrinaiFlal hats erilered indo a certain wrtten Contract with Use City oil Ch anc len, Daitec the
c ay of for Street Replacem e r t & Alspti all Milli & Inlay - Vanious
Locatialns; Agriiememt No. 9 15-741-341111, whish C antsact is heireiby referred to and miade a part f erecf as fillly
and I the sei r a extent as if copes at length herein.
NOW, TIHEREFOR9, THE CONDITION OF THIN OBLIGIAIIICN ISI SUCH, that Uthe saic Frinciipal shall
feiithiully perform and fullfitl all t1`8 undertallings, covenants tennis, candltonsr, and agreememis oil sand coritrect
during the otlinal term of said Contract and ariy extensions ttemeof, with or w'thoui notice lo the Surctyj, and
during the l►fel of any warrarity reclined urder the canbact, anc shell also perform and fulfill all the undeirtakings,
caverianis, terms, cioricilione, acrid agreements of any anc all duly siuttorized modificeitions of candlions of said
Contract theit maty t eireefter be rreice, notice of which mcldificai►onsi tcl tt a Su retyj being hereby waived; then thea
aboveobligaiicins shall to void, olheirwisse to remain in fu ll farce and efllect.
PROVIDED, HOWEVER that this bend is execuled pylrsuant to the Flrovsiona o9 We 3�1, Cliapten 2,
Artice2 cifthe Arizoniai Rlevnied S'llakdesi, aric all liabilities cin Ihiei band sihall to determinec in accordance wllh Use
pravisians of sek Tl le, C taper and Artic e, to this exteintass l ill were copied al length herein.
'Re piievaiiling party in a suit on 1 his t chid sihaill be erititlec to si. ch reasonable atiomey's fees ass msay be fixeic
try a jLdge of Ihe Clouri.
W itnes: i ou ri t ands i his c ay of 2019.
AG EN 11 OF RE CO RU
AGEN T AD DF ESI,
PRINCIFAL STEAL
EY
SURETY MEAL
Pagei212of43
EXHI911103
PAYMEINTI BON D
ARIZONA STATIUIORIY RANMENT1 SONQ
PURSIUAINTI TO TITLES 28, 34, AND 41, OF THE ARIZONAE RE' ISED STIAIIUTEIS
QPenalty of tF is Bond mist be '100% of the Clar tre cit amount;
KA OVA RILL MEN BY THEE E RREEIE NISI:
THA -11111: (t ereinafier "Firincipar, , as Principal, and
(hereinafiler "Elwety":, a corporation organised and e)isting underite laws of the Eltaie of
witf its principal office in 1 h e Clity of , holdirig a celrl if cale o1 aulhor'ty to transact
surety bL siness in Arizona issued by 1:1111a Direcdcul of the C epartmer t a1 Insi. rance FlursL aint to llitle 20, C t sipteii
'I, Arilicle 1, as EEL rely, are h eilc and flmily bound L rito the Clity cd Charic ler, ijhereinafler "Obligee`s Clauntyl oil
Mariciopei, S1 ate c f Ariaor a, in the amciL r t of
Clollars ($ ), for 1111 payment whereotl, the saiic Principal and Surety binc themselves, and
their heirs, adminialreitors, exeicutors, succeissaiis and ascigris, jointly and severally, firmly by these Flreserds.
WHEREAS, the Rrincipal has entened into a certain written Clonimcl mflh the City] oil Clfandler, cateic the
coy of , aa_, for _S treet Replacement & Asphalt MITI
& Irilay - Various Locations; Agreemienl No. SIT. -74x,3478, which Contract is hereby reilerred to and rr ade ei
part hereof as fUllly and to tfi a same extent as if copies at lerig+ f herein.
NOW, THEREFORE, 111H CONDITIION OF TIHIS C BLICATIICIN IS SUCH, that if the Ruincipal prcirr Fltly
pays all rr oneys c L e to all peirsions sL Flplying lat cul or materials to th ei Principal or the Principal's
sutcontrectors in the praseciulion of the wort' provided for in said coniiiact, this obligation is void. 011herwise it
remains in fL II farcei anc effect.
PROVIDED, HOW 13VERI that itis boric is execiutec FlursL arit to the prcivisionei of Title 341, Chapter 2,
Articla 2 Ailizona Revised EEtat L test, eirid all liabilities on tf iei bond lir all be c etermined in eiaccird ancei with the
provisioris, ciondilions anc limitations cif Title 34, Clfaptcul 2, Article 2, Arizara Revised Staiutas, to the same
extent cis ill it we re corlieic at lencllh in this agrecmeni.
The preivailing party in a st.it on chis bored shall iiecover as part of the judgment reasonable allameq
fees that may to flxec by a jL c ge o1 the court.
Witness our hanc s this
c ay cif , 2015.
PREINIGIFIAL SEAL
AGEIIN 11 OF RE CORD BY
AIGENT ADDREKIS
SEURET Y SEAL
Hage 23 al 45
EXHIBI1113
CONSTRUCTION SIGN DE11AIL
8'
CITY OF CHANDLER
RUTTING YOU R FUNDS 110 WORK
RROJECT TITLE:
4P
RROJ ECIII N L MEIER:
PROJ ECIT COS 11:
CONTIRAICTIC R:
E3NGINSE3R:
<--- 4" X 4" POSTS --->
NOTES:
SIIGNIIS; E HIAL L HE FU RINIS HEID AND ERECTED RR IOR TC CONIME N CE MEINT OF C ON STRU CTICIN.
ROSIIS EHALL BE ANCHOREID A MINIMUM OF TWO FEET INTO THE GROUND. EICITTOM OF SIGN
SMALL BE A MIN IMUM OF FOU R FE ET ABOVE 111H E GROUN C.
TWICIAL PRO,ECIT IDENTIFICATION SIGN FOR GEINERAIL PRO'E3CITISI SMALL BE NOW
R9RL E3CITORIZEIC ORANGE BAC KGROUN C, ANC NON-REFLECITORIZE3D BLACK L EnIEFIS AND
NIUMBRALSI.
ONE SIIGN SHALL BE EIR EC T1E D FOR BUILDINGS AND OTHER LIMITED AREA SIIN C L E SITES. FOR
MULTIFILE EIITIES, ONE SICIN SHALL BE E3RBCIIEDAT EACH 51-119
FOR LINEAR PROJEICTSI ONE FALF MILES OR LONGER, PLACE ONS .SIIGN AT EACH FIND OF 111-8
ARO, EICIT.
Rat a 24 of 9
C cnnsrtr uction slons required fe r work:
Whenever any work is t eirig done it CITY streets, easements or riflll i of way Ilor wh iah a ppro%al by CITY of a
lraffia corbol plan isi requires, tte persicn or persons performing etch wank stall maintain at the she of suet
work at all times during which einy such worN is being c orae, signage rrieieting the reiquiremenis set forth below~
and provic Ing inlormalicrri io the Flublic as follows:
1. Il the wcuik wi1111arke one 1l1) week or longer ila perlcuim, such signiacle shsdi:
ai) Ele installed so thal the t otilom cdl the sign is at least seven 117) feet eit ove grade, an as otherwisei
approved by CITY Trarisporlation Engineer;
t) He a1 leasl D5' in size or large enough to conilain all the inilormation requires be law, whichever
is larder.
a' Be placed in Bitch posilicns that they cain to ueeid by Iraffic fiiom eaO directiari.
c) Be colored "carisl ruction cmange" wish t lack letters.
e) Have block lettersi al least 6" in height.
f] Clantairi the following inlormaticrn: the narnie of the CICINTRAICTOR for whom the work is being
Nirfarrr tic; I he name of 1 h e CON TRAIL TOF act a ally peri orming I he war*; a garienal c eacriFltion
of the work to be donee; the time frame %itt in whist the wank will be Fleriormec, i.e. the dater work
will com miencei and the date all wcuik will be completed; a 24 -hot n contact ph one nu mt er where
pensons may ciFleak with a reirlueverritative of the CON11RAIC11OF for whom the worts is being
perrfoomed or may lea%e a oegt erst to arleak with such a oepresertative and for which all calls will
be fumed by sunt a represenlalive of the CIONTRAMOR within 24-hOL rs,
:I. If the work will tak a less than one (1; weiek to perform, such signage shall.
ai) Be installed or lerniporarM supports at ari approved localian;
t) Ele placed in suet positions 11 hall they can be read by traffic from each direction;
c) Her ccdoned "consrtrt C icrn orarige' with black letlens;
c ) Have t lack letllers al least 6" in haight;
e) Ccirtain the following information: the name oil CIONTRAICTOR for whom the work is teing
performed; a 24-hou r cciniaci ph one number wt ere pe rsions may speak with a represenlativle of
the CIONTRACTIOR for wt am tt ei work is being performed or rriay leave ei request to speak wish
such a representeitive and for which all calls will be returnee ty such a rieprenseniallhe of the
CONTRAGROR within 24 -hot rs.
Hage 25 of 45
DEVELOPER
CONTRACIOR
MILL & INLAY
1 -1-1 5 TO 12-31-1 5
(480) 782mXXXX
Page 26 of 45
CONTRACTOR
(480) 782=XXXX
Rag a 27 of 45
BXHIBIII F1
Contracicits Equlprgent
Filo be used an Agreement SITS -745-3418]
cihn Deeire Graiding Iractcm
Kenworth Water Iruck
Irigresall Rand Roller
Cat Rcdleri
Dyrapc Rollein
Wlrtgen Mill Machir es
Plakl p Broams
Olynapac Pavel
Blaw Kr ox 32CIO Pa%er
Dial rit utor Trudy I1tack]
Cal Mill Macf" ine (2' Tnim mer]
Carie Grac a Tiector
Truck -c Iwciiioua) haul oft millirigtha,l asphall
Trucksi I1varousy ForemaNSlupefritended Vehicles
Rap 28 ol45
ENHIBIT F2
SU S-CICINI R,mniCiwi / PURSIOIS NUL
(110 bei assigned to Algreemeint STS -7145-34718)
Name
Qualif cations/Experience
Company:
Scope:
Years of Uxperieiirioe:
Slpecialty Companies
Adjustments
341 years
WEIR Inc.
Milling
27 years
Pave merit Markir cl, Irici_
Sbliping
04 Nears
Speciatiziec Sluft ing
Spaid hLmps
3Clyearei
Mel no llraffic Ccintsol
Traffic Conh of
1 a y ears
Flersonnel:
Grecl MarsF
Keivin Day
Ale ri EN ans
osh Skinne s
Titley
Flresident
S ecsell ary/rreas.
V P o1 Opelrations
Project Manages
'Years of Experience:
40 years
37 yeiars
11 year:i
10 yezir;i
F age 29 M45
AMENDMENT NUMBER ONE,
TO AGREEMENT BETWEEN THE CITY OF CHANDLER
AND
MR TANNER DEVELOPMENT & CONSTRUCTION, INC.
STREET REPLACEMENT & ASPHALT MILL & INLAY
AGREEMENT NO. STS -745-3478
This Amendment No. 1 to that certain Agreement between the City of Chandler (Ci7Y) and MR
TANKER DEVELOPMENT & CONSTRUCTION, INC. (Contractor) for Street Replacement & Asphalt
!Mill & Inlay dated, February 13, 2015 and Is entered Into this ?-� day of c , 2016.
VAEREAS, the parties entered into contract for one year with provisions to extend for four (4) terms
of one year each. This is the first renewai option.
NOW THEREFORE, the pasties agree as follows:
t. Section 6 of the Agreement, as amended, extends the term of the agreement for a one-year
period from January 23, 2015 through January 22, 2017 in an amount not to exceed
$7,106,480. ,pp
2. All otter terms and conditions of the above referenced Contract shat( remain unchanged and
in foil force and effect. All terms and conditions in the original Agreement not specifically
amended herein shall be incorporated by reference In its entirety and shall remain in full force
and effect
IN WITNESS WHEREOF, the parties have hereunto subscribed their names this Z Z day of
2016
CITY OF ANOI_t; '
Eby:
May 32 rW
APPROVED 5 TO FORM:
city ttorney
k,TTEST:
?`a6? 01 ..t
F LAR ' c�
*� SEA 'Lrn;*
RRiZ'0�?
+CONT
By
le: /� 5 �• e ,�
AT 8ST: (if corporation)
A le�v�a-z,
Secretary
WITNESS: (If individual or
Partnership)
cc 1-1`-1-1G
j� kto
AMENDMENT NIL. MBER TWO, �
TO AIC FEE MEN11 BETWEEN THE CITY OF CHANDLER
AND I
MRI TIAINNER DEVELCIPMENTI & CIONIcITIRUC1110N, INC.
STREET REIPLACEMENI I & AISPHALTI MILL 81 INLAY
AGREEMENT NO. SITS -745-;1417 EI
This Amendmeni N a. 2 to thal ceirtain AgmerriEir t t etween 1 t e Cil y of C t cinder i1C In) and MR
TANNER DEYELORMEINT & CONSIIRUCITION, INC. ilConhaclorj fcui Slneet Re cement &
Alspt all Mill & Inlay dated, F eit rLary'13, 2015 and k enlened irilo this 6-` day of ��
2019.
WHEREiA81, Re parliels entened into an Algreemeni for orae year wilt Fhovisicris tc exiend fcli �
faL n 114) addhiorial terrTis cd ones y elan eieich. Tlhi:i is the seiciond nenewal ogticin.
NOW TF: EREFORE, the parties aignee as follows:
1. Sleciiari 4 of the Agreemerd, as amendElc, Pricie, is hereby amended Ici pnovidel Rat
CITY shall pay 10 CONTIRACTOR in an eimourft noll to ocecc STEVEN MILLION,
THREE HUNDRED TWO THOUSAND, THREE HUNDRED THIRTY 13CILLARS
($1,302,330; .
2. E ecition 5 c f the Agreem enl , as arr ended, ext ends tt ei team of thea agreeimerii fora orie-
yeiaui pedad lrom arivary23, 0C117 through , arLary22,'9101EI.
J. All atherlerms, cclridilion;i and pricing oflte atcve nefenenceic Agiieement stall remain
unchanged a r c in full lorae aric efllecd.
IN TNES,I %HEREOF, tta partie J ` ubtioribed their names this %q day of
CI OF CHAIND ER: *_c-:1 c EAL" t* TRAC
By: ..++�•' B
AIPPRO� ECI AS TO FORM:
Cily Attc lriey
ATTIE STI:
AA'
a.e-� -
City Clank
c, EAL j
Alen Evens.
AITTE,cIT: If 'corporation)
Elacrelaryl Kevin R Day
VVITt4 ISSS: (If iric iric L al or Pairtrierst ip)
CC la -`0*"/&
oV
AMENDMENT N UMEER n1 RES,
TO AGREEMENT BETWEEN TIF E CITY OF CHANDLER
AN 11 1
MR TIANNER DEV'ELORMENIT 81 CCINSITRUC TION, INC.
STREET RERI-ACEMBN1181 ASRHALTI MILL & INLAY
AGREEMENT NO. STfl-7464478
phis Amardment No. 3 to tt at cerlain Agreement between the City of Chariclern ilCin) wind MRI
TIANNSR 0EVELCIPMENT & C ONSIIRUCITION, IN C. (Clantractorj for Streel Rep lacemeni 8
Aspt all IV III & Iriley catec, February '13, 2018 avid is enilered Into thisi32 day Of /2018.
WHEREAS, tte parties erdereic into an Agreemerd fai one year vvilh provlsions to exttepic for
fou r Q4; ac c iti onal t anms of one yep in ceich. This is the thirc re riewal optiari.
NOW IIHEREFOREI, tt a parties agnee as follows:
1. S action 4 of tt a Agree merit, as americ ed, Rriee, is heret y ame rided to provide tt at
CITY stall NlY to CONTRACTOR ari amot rit not to e) deed Stir Million Six W ndned
Forty Oria Thau sanc Collars 1$6,64'1,0001 ilor 1 he ciomp letion of all sere ca.i c esaribed
here In, pay able sis eel 11ori h in Exhibil CI inconporetec herein t y iiefeirancei.
2. S eiction 5 of tt e A greemeni, as amendeic , Tie irm is amended to exteinc tt e terry of the
agreement for a orae-iyeiar period from . arivagy 23, 2018, thrciugh January) 32, 20151.
3. A I of h er taimsi, conditions a rid pr d ng cif 1 t e abcve referenced A greem eni st all remain
unchangeic anic in full fonce and effect.
IN WITNE: SI WH EREIOF,1 he plairtieis t ave h ereu roto st t sci , their 2na,iel .a��, c ay of
of , 30'18.
CITY OF CHAND R: CONTRA
B) : Ely:
yo Title: elan E P
APP OVEDAIS TIO FORM:
3
c
City Attorney
ATTEST:
L", 'e . �q' ,
C ity Clerk
SEAL )
ATTE8IT: ijlf oration)
Aw
Se rotary Kevin Clay
WIIINEISS: III incividual or
Fleirtrien t ipl)
CC � ';�-I�
TSN TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
7 AGENDA ACTION FORM
Meeting Date: 3/612018
Agenda Type: Regular
Meeting Type: Regular Session
Submitting Department: Public Works
Staff {Contact Information: Justin T. Weldy, Public Works Director, }weldy@fh.az.gov 480-816-5133
REQUEST TO COUNCIL (Agenda Language): CONSIDERATION 01" Cooperative Purchase Aigi-cen-lcot C2018-092,
between Roacisafe Traffic Systems, Inc. and the Town of Fountain Hills, in an amount not Co exceed $30,000.00 annually.
Applicant: NA
Applicant Contact Information: NA
Owner: NA
Owner Contact Information: NA
Property Location: NA
Related Ordinance, Policy or Guiding Principle: NA
Staff Summary (background): The Town's primary use of temporary traffic control devices (barricades) is to
have available the equipment and resources necessary to control traffic in the event of a prolonged traffic
signal outage, Town construction projects, and Town sponsored special events. This Contract will provide the
services necessary to assist staff with implementing these safety measures.
Risk Analysis (options or alternatives with implications): NA
Fiscal Impact (initial and ongoing costs; budget status): $30,000.00 -- 60,000.00
Budget Reference (page number): 285 -- 242
Funding Source: Multiple Funds
If Multiple Funds utilized, list here: HURF, Community Services (Special Events)
Budgeted; if No, attach Budget Adjustment Form: NA
Recommendation(s) by Board(s) or Commission(s): NA
Staff Recommendation(s): Staff recommends approval of the Cooperative Purchase Agreement as
presented.
List Attachment(s): Cooperative Purchase Agreement, 2018-092, Underlying Maricopa County department of
Transportation contract.
SUGGESTED MOTION (for council use): Move to approve Cooperative Purchase Agreement 02018-092, with
Roadsafe Traffic Systems Inc, in the amount of $30,000.00 annually
Page i of 2
Prepared by:
G y E. Miller, Town Ma ager 2l2112018
Page 2 gig
REQUEST FOR LEGAL SERVICES
Name/Phone Number/E-mail of Requestor:
Date of Request:` _ .
Justin T. Wedly
Date Director Approved Request:
642-721-2646jweldy@fh.azgov
Procurement Approval by: Craig Rudolphy
Due Date (From Town Attorney's office):
Yes El No: El -Contact Finance Director
• Deadline for return of request from Legal is 10
business days after Procurement Approval.
Deadline for completed packet items submitted to
Council Meeting Date: 31x;!'_018
Item does not require Council approval ®
the Town Clerk - 12 PM the Wednesday 2 weeks
prior to the date of the Council meeting.
Request for Legal staff: Prepare a cooperative purchasing agreement contract using the attached documents
Proposed Agenda Language (if applicable): Consent Agenda Item ❑ Regular Agenda Item ❑
CONSIDERATION of alp [2c ting Cooperative Purchasing Agreement 02018-092 with Roadsafe Traffic. Systems. INC" for
lemporary traffic control Barricades in the amount of `530 og annual) .
Vendor/Consultant/Agreement/Agency Information:
Contact Name: Bill Hengen
Entity Name: Roadsafe traffic systems
Entity Address: 3015 Illini st Phoenix AZ 85040
Entity Phone, Fax and E-mail address: 602-243-1218 602-2433470 bhengen = roadsafetraffic.com
Town of Fountain Hills Business License Number: 3581
Arizona Corporation Commission File Number: F14129333
Documents Requested:
❑ PA (Purchase)1 Amendment
❑ Ordinance # (Draft attached YJ 1 N)
❑ IFB (Invitation for Bid)
Publication Dates for Zoning Actions:
❑ RPQ (Request for Qualifications)
❑ Resolution # (Draft attached Y/ 1 N)
❑ RFP (Request for Proposals)
❑ Easement (Specify Type)
❑ CSA (Construction) 1 Amendment
❑ Deed (Specify Type)
❑ QSP
❑ IGA /Amendment (Corresponding Resolution Required)
® Cooperative Purchasing Agreement Approval
[] PSA / Amendment I
❑ Other
Required ContractlAgreement Information:
Method of Vendor Selection:SAVE
Term of Contract/Agreement:END DATE OF 01-20-2020
Contract Amount (this contract):30,0�00 Cumulative Contract Amount:60,000
Brief description of services/goods being sought: Barricades
Contract # assigned: 02018-092
Funding Source: HURF-PREVENT 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 io processIng the approved/signed contract/agreement for payment(s)
g \sLrceislfy l7- l$Iroadsalelrlls new county eontracl.docX Rev. 12/2016
AIN+4f
Z ry
1W f
_4I
CONTRACT/GRANT INFORMATION SHEET- NEW CONTRACT
Date: 2/5/2018
Staff's Name: Justin T. Weldy Department: Public Warks
Vendor's Name: Roadsafe Traffic Systems Inc Vendor Number: 1165
Address: 3015 Illini st Phoenix AZ 850140
Phone: 602-243-1218
Received W9:❑ Y ❑ N Qf ALREADY IN SYSTEM
Business License 4: Pending 3581 Exp. Date: 04-30-18
ACCOUNTING SUMMARY
Org
Object
Project/#
$
Accounting Code:
HURF
6402
Temporary Traffic Control
20,000
Accounting Code:
PRVENT
6402
1
10,000
Accounting Code;
Yes
I LJ No
Contract Beginning Date:
3/6/2018
TBD(used for variety of different
things/departments/funds):
Various
1/20/2020
Budgeted Expenditure:
CONTRACT SUMMARY
Contract Number Assigned:
C2018-092
❑ No
Current Contract Total:
30,000
Total Contract Amount with
Renewals:
60,000
Brief Description of Service:
Temporary Traffic Control
If Renewable:
1
Total # of Renewals Max:
1
FY Cumulative Vendor Totals:
Does this Contract put it over $50,000
Yes
I LJ No
Contract Beginning Date:
3/6/2018
Contract Expiration Date:
1/20/2020
Budgeted Expenditure:
Z Yes
❑ No
Budget Page #:
285-242
Approved by Council:
Yes; Date:
3/6/2018
❑ No ❑ N/A
Insurance Certificate provided:
Yes
❑
No ❑ N/A
Warranty Period:
❑ Yes
Z
No If Yes, expires
Estimated Start Date:
3/6/2018
Estimated Completion Date:
1/20/2020
GRANT SUMMARY
Paid for by Grant:
❑ Yes
❑ No
Name of Grantee:
Grant Number Assigned:
Resolution Number:
Date Council Approved:
Revised 12/21/16
Contraall No. 2018492
CO O PERAIITIMIE] PURICHASINC A GR.EEMENT
BETVWIBBN
THD TOWN C FI FIOUNTAIN B11111S
AND
RIC AD9AFH TRAHHIC SYSTEMS ]INC.
`IIH1S CCIOPER.4MVE PU14C HASING AGR HEMENT (this "Aguaemant", is entared iwa
as cif lMarall 6, 21 CII FI, datweeri the Town of Fountain Hills, eiri Auizona municiipal aarflcaraiticani (thu
"'flown"), and Roadsaf i Traffic Systum9 ]ric., a Delaware corporation ij11-e"Canilrador").
RECITALS
A. Aftur a ciompul itiv a procuram ent praaass, Maricopa C ountN, Arizona ("C CIL rity
enilerac inta Canilraal # 180126-5I, eff6citiva February I, 2018, (the "CoLrity Contracit",, attacihac
as Hxhibit 1, will' VNa C onilracVar for Ierr,parauy Vuaffia canlual servicies.
B. Thu `flown is flermittac, pLusuarit to Slacticari 3-3-27 of 1he Town Caca, to rriake
puraliagog under 41-a Caunly Comlract, at its discretion and with thu agraerr,arit cif 11-a awarduc
Contractar, and 11- e C CIL r y Contract perry, its its aaa flarall i -v e L so by other fIL f lie ciril ities, ina1L ding
the `Ilcawn.
C. Thu `Ilcawn and the Coritraator c a9ire to anter irilo 11- is Agream ent for 1he flu rpcasu aft
(i) acknowledging thein cooperative aontraatual valationship under 11-e County Contract and this
Agiiaement, (Iii) uslablishinig 11-e tarms and conditions bN whial- the Contractar may pro-vidu 1he
Town with fpicafbssiarial evanil uclL ipmanl rantal9 and relatuc services, as moua flarticulauly set fcirlh
in Slacilion .] below (the "Goocs and Slaiivicus avid (iii) selting thu maximurri aggrugata amount to
f e axpendud pursuant to this Agrecim eml relatac to tha Gaac s and Sery icies.
AGR HEMENT
NOW, THHREFORH, iri consideral ion of tha fdragoing imlu(Ic L cticani and racitals, wN ich
are iriciorporalad herain fy uafercarice, the followirif mutual covenarits and condilions, and calher
good and v aluad le acarisic oration, 11- a rcaoeipl and sufficioniay of wl- iah are hcwaby ack riowledgad,
the Town aric tNa C onilractar herudy agrau as follows:
1. `Ilerrr, of Agreum ent. `Ill- i 9 Afpiaem ant shall f a offbcl ive as of I 1 he c ata first scrt fart h
abova and sl -all romair in flull fbrca and affcact unilit January 20, a424. Tha Agreamanl rrmaN bu
terminated prior to its tcirm inal ion data as alherwise providac in this A groemorit or the County,
Contract.
2. SIcaope of Mirk. Thea saafla of wouk fbu this Agueement is sal fhrlh in 11-e Couni)
Ccaritracit, inacarflcaratac Ey this raf6reniae. Cl-angas Vca tha Slaofla of WoA must da agreed upcani fy
the parl ices in a wuitlen changa ordar ("C l- ange Oudor"). Haall Chariga Order approv ac and acaofltoc
ry tha paries pursuant 10 this Agrecamenil sUall (1i) aanlain a rafbuenco to 4N is 4graerrmorit aric tha
C au rely Contrast aric (ii; 1:a alllaali cid h eitieta as Exhih it 2 and inicaoupcwatac h aueiri by rafcireriaa.
Change Ouders submitilad without refiwanciripl This Agracimanil and thea CountN Comlraci. will be
subjeacl tauajaaticari.
21.1 lrispaatianr Acseaptanicae. All Goods aric Sarviaas arca subjacat to finial
inisplaclion and acacapllanaa by the'lowni. Upon c issavauy oflricari-caonifoumirig Gaacs and Serviaes,
the Town may alcaat to ca any ou all ofltlica followirid by writtari notice to the Coritrastor: (i) waivca
the ricari-sonformaricae; (lii) stop 11-a wouk irrimediartely,; or (iii) bring Sauviaca imla aompliansa aric
withhold tha cast oflsama fram aril paymarits duca to the C omlracilar.
=1. Compcarisalion. The Town shall paN Contracator an a88uagala amount riot to wwecad
$_10,QQ(1 Alar year, and a maximum amount of $60,(1(1(1 avcm the tcmm of the Agreamenil, for tha
Goods aric Sarviaas.
4. Aaayrn arils. `llle Town shall paN 11-a Cariluacilou mcarilhly, Naascad upon aasepllanica aric
calivery caflGaocs and Servicaes parfcarmed aric complletead to dates pursuant to the Sacaplea of Work,
and upon submission and approval oflinvoises. Hach invoiaca shall (ji) canilain a refduance to this
Agraemanit aric the CountN C ariluacil and (ii; c eau meml and illeamiae all wouk corripletad to dale.
C aritrastor's inivoiaeas for eaaah task shall not exaaec thea am ou rit seal f6ri h in 1I h ea Proposal aric
Courity Caniluacal. The inivoice slateamcaril shall incluca a uaccarc aft malariails deliverac, Aima
expcaricead aric work plaufoumac ini sufficieanit calail to juslify paNmcaril. Addilionially, invoices
su N mitred without refcwenairid ilh is Aguecament and thea County Conitracat will be su l jeal to rcjcastiari
and maN hercalurred.
5. Meaarc s and Audit Ri _ hg_ts.110 eansu ra 1 h at tha Contractor and its su d caoritracalors area
complying wish tlIa warrant}) uric ear Seal ion 6 balow, Contractor's aric its subconilracilors' books,
ueaouc s, can asplaric anca, aacaau r ing praaadures aric praatiaas, and ariN otN au su pportirq ev is anca
uelatirid to this Agraarriaril, inialuding thea papers cif ariN Conluaclau arid its subaariluacalors'
emplloyeas who perform any work or serviaas plu rsuanil to tN is Aggecament (all oft lila foregairq
l erainafilar rafdrrec to as "hleaarc s"; , shall be aplean to insplecl ion aric su l jecal tca audit and,lar
ueprodualion during normal warkinig hcaurs by the Tawn, to the exlant necaessaiiN 10 adaquartely,
permit Ili) evalualion and ,arificiaalion of any invoiaas, paNments or slaims based ori Ccarilraator's
and its su h contractars' aastu M uasts (irisludinig direcal aric indiract aosls and av cwh aac allosal ions,
inauniead, car unils axplanded diraeatlN in the performaancca Of MIA urideau this Agraerriarit anc (ii,
evaluation aft tha Contraeator's aric iils subacarilradous' sorriplianaa wiilh tlia Ariacariaa amploycw
sarvions laws ueferariaed in Saaticini 6 halow. 110 11-e axtaril nicaccassary fear tNa'lcawri to audil
hleaores as sat f6iih in this Sealion, Carilracitor aric its suhcontractars Narahy waives anal eights ilca
keapl such hlacarc s caorifidemlial. for the pluiplasca oflevaluating ou vcarifying such actual or slaairricac
costs or u niits exparic ad, the 'lomini shall Nava aascass to said Reaouc s, ev cari if local ed at its
su h caontracators' facail iticas, from 11- a afftiativ a dada of th is Agraamaril for tN a duuation of tN a wark
and un1 i 111 l rae ycaars aftaia 1 he dale of I finial paN m ent bN 1 h e Tawn to C ant uacl au plu usuaarit to 1 h is
A plraem ant. Contractar and its su l sontrastors shall provida tN a 'lawn will adequ all ea aric
appropriate wcubspase so that the'lowni can conduct audits in acamplianicca with 1ha pravisicaris of
this Secaliori. Tha 'lowri shall give Contractor or its subacarilracalous reaasonabla advaricae ricalieca of
intcarided audits. Corilrastor shall requira its subcontractors lla sorripIN with 1I1 -ea provisions of this
Saction by insertion cafltNa requiramcarils hereaflin any subccariluacl pursuant to this Agraeamaril.
2
6. E-uarif. Requiramemis. "Ilci Ja axtent applicable under ARIZ. REV. STAT. Fj 41-
4401 , the Contractar and its sub<ianlrac4ars warrant complianca with all f6caral immigration laws
and regulations thal ralale to 11eir emiployecs and 11eir compliance wilh 11-e H -verify ragL iremeints
under ARIA. RHv. STAT. �j 23-2114 (JA). Corilracilor's cir its subcioritracitors' faili;ra to comply wilh
sL cih warraril y sh all h e dcamcid a mal erial breach of this Agracimcinl and may rasull in 1he
tarm ination of 1 h is Agream ent by 1 h e Town.
7. Isnaal. Contractor dart ifias that it is noll cu niantlN angaged iri, and agraas fdr tl a
duration oflThis Agreameml thal it will not arigaga in a "boyciolt," as that term is defined in ARIZ.
MEV. STAT. § 3I3 -3N31, aflllsraul.
81. Conflicrt of lnterasil. This Agraumanil may be caricielad r N ff a Tovv ri pL rsuanil 10
ARIZ. RHv. STAT. �j=1f1-`I1 1.
9. Applicahla Haw; Vanua. This Agraumanil shall he governed by 1he laws of 11 e S1ata
of Arizona and a SL it purl aining to this A�lraem crit maN r u h nciL �lh t only in aciL rl s in Mamiciapa
C ou nty, Ariaciria.
0. Agraemant SL h jecl to Apprapriaticiri. Thu Town is obligated arily to pay its
cih ligatianis sat forth in this Agream ent as maN lawft lly Le mac a fi•am fl nic s appropriated and
h L dglell ad f✓`ir that purpose dL ring 1he Town's tf an ciL nient fiscal Near. Me Town's obligall ions
L rider this Agream enl are au rrant exparisas su h jecl to tha "h u dgell la A" and J a u nfetterad
legislative cisciretion of1he 'Ilowni conearning budgaled rlLrpcises and appropriation ofl ftrics.
Shoulc tha Tawn alacit ricil tai appropriate and budget flunds la pay its Agraument obligations, this
Agraemarit shall be caemac tarminatad al the and ofltha Then-eurrarit fiscal yaar term for uvhicil
such ft rids ware appropriatac and budgeted fbn such pL r f cisa and the To A ri s h all ba reliev ad of l
any s u bsagL Brit obli�latiani undar th is Agream ent. Tlhe parr ies agree 1 h at th a ' to A ri has no obl igatiari
cir duty cif lgood faith to budget or apprapriate thea flaymurit oflIhe' lowni's ob igall ions set f✓`irlh iri
This Agraamanil iri ariN budgal iri any fiscal yaar a1Ler than the fiscal yaar in which th is Agveumenil
is aNacullad and delivered. Me Town shall he the scale judge aria aLlhonity in detannining the
availabilil) afl fiinids fon its ohligatianis under this Agreamant. The Tawn stall keep Contraclor
irifbrmac as to 1he availability ciflfLrics f✓`ir this Agnaemant. Thai obligation aflthe'Ilowri to maks
any paNmeml pursuant to this AEIruemant is not a ganaval obligation cir indablednass ofltha Town.
C onluaalon hareiby vvaivas any and all rights to being ariN claim against J ei Tawn f am or relating
iri ariN way to 1he ' to A ri's terminal ion ofthis Agraumant purse ant to this sacitiani.
11. Confliciting Tarms. In the event of any inieorisistanicy, aaniflial or ambillL ity among
the teirms of This Agreament, ariN Town -approved work ordars, the C ou rily Contract and invoieas,
the documents shall govunri in the orcar lisled bareiri. Notuvitl'stariding 1re fdragoing, aria in
aonform ity with Suatiori 2 abovci, L riauthorizied axcapl ions, condil ions, lim ital ions cir provisiar s in
conflict with the terms of 1h is ABneum ent on th a County Contract (eollactiv aly, J a "U naL lhoriaed
C ciriditioris"',, othar th an the Town's project -specific ragL irem grits, ara w flrassIN dualarad v oid and
shall b e of rice force and affect. Aaaeptanca b N tli u Town of ariN wart order cir invoice aontaining
any such UnaLlhoriaud Conditions on failure to demand full corriplianiae with the terms and
conditions set forth in This Agreement or undar tb a County Carilrad shall not altar such leans and
conditions on relieve Carilraclor from, rion be acmistruad ori deamad a waiver ofd ills raquiraments
and obligalions iri tb a parfbrmanca ofllhis Agraumaril.
12. Rijzhts and Priv ilega . "llo th ei cixtenl provic ad under th ci CountN Contraicil, the Town
shall be affkircad all ofllha rights and privilegcis aflbrdud 10 CountN aric shall he "CounIN" (as
deifincic in thei County Canlvacl; Riv the (_lurposus of 11-a portianis ofllha CountN Canilrad that ara
incorporated heroin by reflircincu.
131. Iric atri nifical ion; Insu rancci. In ac c it ion to and in no waN Iimil ing the provisions scil
fkirl h in Sciction 1:I A c a, thea 'flown shall h ei afforded all ctfl 111-ci insu uanca cioveragei and
indem niifiaatiaris affbtic ed to C ou rely to the axtent ptiov ided undcui the C ou rily Contract, aric su ah
insu rancu acts araga and iric amnifical ions shall inu tie and apply with equal ciffec1 1 o 1he Town u ric cir
1 h is Agtiecim ent inalu c ing, h u t not lim itac to, the Contractor's oh ligation lo provic a th a
indemriifiaatiari anc insuranaci. In aniy civeinit, tha Contractar shall indcimnifly, dafbnd and hold
harmless 1 h e 11awn aric each council m atri bar, officer, atri platy cie or agant 1 h eruofl (11 he "Ilowni and
any such parson buirig harem ciallec are "lnderriniified Party"), fbr, from, and againsl any aric all
losses, claims, carriages, liabilities, casts aric axpenses (including, but not limiled 1o, rciasonabla
attarr ays' fleas, court assts, aric tha aosls of appellatei Llroaeedirigs) to which any such Indumnificid
Party may, hacome subject, unidcui any thciorvy oft liahilily, whatsaciver ("Claims"', inisoffir as such
C laim s I1cir act ions in respect thuraofl tielaite 1 o, arisci ou t of, or ame eau scid h y ci h ased upon th ci
ricigligant act s, iritenl ional rri isaoric uct, arrars, mistakes or ctm issioris, in (icininiacticin with tha wotik
ar sciry iccis aft 1 he C on1 racil or, i1 s officars, arra platy cies, agents, ar any tier of su bcoml racil or in 11- a
peirformaricie oflth is Agrecimenil.
14. Noticus and Rlequests. Ariy, nolicci or other commiuniaation recluivad cm parmiltec to
be giv circ under this Agreiemarit shall h e in wril ing aric shall ba ducimcic to h ave beciri dull given if
(i) calivared to 11-a parly al thea addrass sell forth halow, 11ii) daflosiled in the U.S. Mail, ragisturad
or aeirtified, rel u rri rveeaipt raqu estud, to the aKidvess scil forth balow oti (iii) giv an to a rcicognizcid
anc tieputablu overnight dalivurN serviaa, to the address set forth below:
If 10 tha 'flown: 'lowri of Fountalin Hills
1( W-11 East Av anue oft thea Fountains
Fountain Hills, A rizona 8_`1,'168
At1n: Grvady H. N illcm, ' lowri Managetti
With aco ta: Diakinson Wright PLILIC
IFI_`I(I Narlh Carilral Avanue Suite 14CICI
Phoani?s, Arizona, 85004
Atlri: FraccaElism an
If 10 Contractar: Roadsaifb Riaffic Syslerns, Inc.
3(11 `I Hast I11ini 91Iraet
Phoenix, Arizona 8-'1(14 (1
Atllrr Bill Heingen
or at such othcir addrass, and la 1he altunlion of such other person or offlceui, as any panty may,
c asignala in w6tirig EN notice du IN given purse ant to this su h sciatiori. Nal ices shall be dueimac
racuived (i; when delivercic to th ei (_tarty, (Iii) thraa h usiniciss cays after buirig placcic in 1he U.S. Mail,
prailarly addressed, with sufficiarit postage or (iii)11-a flillowing businciss cay afler haing givan to
a raciogniaed a,, arnight dalivary service, with th a pleu s or givir g th a r of ica pay, ing all raqu irac
ah_argus and irsrnu-citir€l tha dalivary sarviaa to daliver or tha fbllowing businass &N. Ifl a dopy cif
a notice is also givari to a party's eaunsel ori othar naciplient, th a ppio,,isions abova go,, erring the
dal e on which a notices is c aem ad lo hau a d Bien racuived h y a parr y sh all m aan and defer to tha dal e
on wh ich tha party, aric not its eaunsal ar othcm racipiant to wh ich a copy of the notice may ba sem,
is deemed to ha,,e racaived the notice.
IISIGNA`HLIRHS CIN FOIJLOWING PAGES]
IN WITNESS WHEREOF, the parties hereto have executed and caused to be signed by their
duly authorized representatives. this instrument on the date first written above/
"Town"
TOWN OF FOUNTAIN HILLS,
an Arizona Municipal Corporation
Grady E. Mill(Tow Manager
ATTEST:
Bevelyn J. Bender, Town Cleric
(ACKNOWLEDGEMENT)
STATE OF ARIZONA )
ss.
COUNTY OF MARICOPA )
On . 2018. before me personal I appeared Grady E. Miller, the Town Manager of the
TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity was proven to me
on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he
signed the above document, on behalf of the Town of Fountain Hills.
Notary Public
[Affix notary seal here)
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
6
`°Cariilraciton"
WOAD Ll AE TIRAHHIC SYSTEM 9 C .
Bly:
Nam .
Its:
(ACNNOW LHI]GEMENT)
STATH OF ARIZONA )
) ss.
CIOUNIIY OA MARICOPA )
On Ce,b P5 , 2018, before m a parsciriallN arlpuarac 6;,\ of-v,.e- ` , 11-e
c& Roadsaf6 Traffic Syslerrs, lria., a Delaware aarpor ion, whose identity was
pray on to me A the r asis c& satisfacitory m ideneu to 1:a th u person wl- ci he claims to 1:o, and
acknowleqlud 11 -at he si�lriud th ei ah m u c acc men1, ori behalf afl ciadsafe Traffic Systems Inc.
�I>.i Ila .>> 1-07-A
,
• • V
(Affix notary seal hero),
[::NdMEMO N DCI891b
Public - AIriaona
aiccips Clounly
Minay
mmi. Expiiies Flpa 30, 201 SI
DXHIFII'D l
'DO
COOPHRATIMB PURC HAS A GRHEM EN T
HHTVWHEN
THE TOWN OF FOUNITA IN HIIIIIS
AND
ROA DSA AH 'DRAFAIC SYSTEMS INC.
OCOUNITYI CON'I1RAC Tl]
Sea fbllowing pagas.
SERIAL 180126-5 TEMPORARY TRAFFIC CONTROL SERVICES
DATE OF LAST REVISION: January 25, 2018 CONTRACT END DATE: January 31, 2020
CONTRACT PERIOD THROUGH January 31, 2020
TO: All Departments
FROM. Office of Procurement Services
SUBJECT: Contract for TEMPORARY TRAFFIC CONTROL SERVICES
Attached to this letter is published an effective purchasing contract for products and/or services to be supplied to
Maricopa County activities as awarded by Maricopa County on January 25, 2018 (Eff. 2/112018).
All purchases of products and/or services listed on the attached pages of this letter are to be obtained from the
vendor holding the contract, Individuals are responsible to the vendor for purchases made outside of contracts.
The contract period is indicated above.
Devin Tyne, Chi. Procurement Officer
Office of Procurement Services
BG/mm
Attach
Copy to: Office of Procurement Services
Martie Harrell, MCDOT
(Please remove 'Serial I 1087-5 from your contract notebooks)
181(11:16-5
ROADSAFEI TRAFFIC SYSTEMS, INC., 21015 E. 1LLINI ST, PHOENIX, A2185040
COMFANYI TAME:
RaadSaiki Traffics Systems, lnci.
LICIMIC BUSINESS AS iId141:
I I
Price
MAILING ADI; RE SS:
3015 East I11W 511
RE MIT TO ADI; RES&
Pb oeini x, AZ > 15 04 0
TIELPHCINE NUMBER:
6(13-343-131E
FAX NUMBER:
6021-11421-3470
WW1A1 ADDREISS:
wwwi.rosidsafellraffiu.ciom
RINIMIENTA TIME TAME:
.Taff Meiirick
REHRESENTA T11VE TELEPHCINE NUME ER:
48CI-219:1-3710
REHRESENTA TIVIE EIMAIL A.DDRHSS
jmieiricik@roadsufe9rallfc.ciom
CCIMI ANY NAME:
Hovd&ife ] raffia Systems, Inc.
dary
YES 1\ CI REBATE
WILL ALLOW OTIHE14COVIHRNMENTAL ENTITUES TO PURICHASE r
FROM THIS C ONTRAC TI:
WILL AC CEIP1 ARCICIUREMANT CARD FOR PAYMENT Pi t"'I"
p NET _ICI LIAY51
Q UATERN ARTY
Dot: SIGs\ S
I11en
Est. Annual
Rental Units
Unit
I I
Price
7laital
Larglo Sign 48" x Q 8" (:1304 Sq. Im.;
ROAD SAFE TRAIFFIC SYSTEMS, INIC.
Item
Tornparaq Traffic Harnieus 113ensay Baniiers;
End Sacl iawls) fan at oN a Harricirs
Chmmalizirit Drums
( Faol Tom r orary Lor gitudinal Traffic Hareiars m sal it
filled ilJersoy Type)
Partabla Varjatlo Messa€le Signs Tlueci-Lirci
Tlcanparar31 Traffic Harriers (Inslallafon/Remaval)
Bat: PILIO'll C A R RENTIAU WITH DRIV HP
Item
18[11716-5
Est. A nut al
Rental Univ
Unit
Hricci
'I otal
1 a0
linear flhol
$1(1.15
91:15.(10
Zone 3
dq
91211 s.aa
51285.(Ia
each
dq
512.(Ia
$21.a0
1 CIO
dal
512.5a
51250.(ICI
5(1
day
$155.0(1
912,750.aa
Barricades Truck mi/Dni,,or
fool
$112.a11
1112.aa
Hai. Annual
Pcmitad Units Unit Price Total
Plat C as w/D river
2CIO(I
hal
515a.aa
511 CIO,aaa.CIO
Lot: BA.RR]ICA.D E T RUC K REIN 1A L WPDH DRIVER AND TRUCK
1050(1
ciacb
Zone 3
MOUNTED AT IFNUTATOR
:I -Way Wiscid Pavamcnl Marken Hluic IJiristalleid;
1115a.0(1
each
512.5a
$21.50
Est. Auriuial
$12.(Ia
Iteim
Penial Units
Ulnii
Price
'110al
Barricades Truck mi/Dni,,or
5(0(1
hr
5155.CI0
913(18,(ICIO.(Ia
TruickMoun'led Attenuialarw,IDlriver
215
hr
5165.(10
$],(25.aa
Llat: HOURLM RATES: FLIAC C ER TRAFFIC C CINI
PCIL 'DEC HN ICL"
Est. Anniuial
TRAFFIC SUPERVISOR
Items
Penial Units
Ulnit
Price
Est. Annual
111cim
Renilal Ulnib
Llnill
Price
Tlollal
Hlagglor w,fla€lgor pac die (Daes nat incluide truck;
5830
hr
113L(Ia
91231,1( o.0a
Traffic C ontral Technician D oeis nat inch dei truck
38(10
hr
1138.(Ia
111(1(,4aa.001
Lloll : PURC HA SE A ND IN STA LLIATIION OF
SUFIPLIIE S
Est. Annual
hien
Rental Units
Unit
Hricai
'Dotal
:1 -Way Doul: le-fkced chip scial road maakars witt
1 cay
5175.C1(1
512.aa
$121,0(10.00I
c out le clear protecliNo covcir
1050(1
ciacb
Zone 3
1 c ay
:I -Way Wiscid Pavamcnl Marken Hluic IJiristalleid;
1115a.0(1
each
512.5a
$21.50
1 -way Ch'p soal marker with daub lei clow protective
$12.(Ia
516,Ca0.(Ia
coveoi
33(1[1
each
Lot: MCIHIII]IZATIC IN ANI:I EIEMOHIHIIIZATION
('HRAVHLI TIME;
Est. Anniuial
Items
Penial Units
Ulnit
Price
Total
Zane ]
1 cay
5175.C1(1
$15.aa
Zane 2
1 c ay
$1135.(10
91135.0(1
Zone 3
1 c ay
51150.aa
1115a.0(1
ifIC111- S
RCIAIC SAFH TRAFFIC SYSTF]MS, INC.
Ilot: UNIFORMF]D OFF -DL T V CIFFIC EPISIVEHIC IJFI i1MINIMUM 4 HOURS) -
1\ armal Hau rs
Fist. Ant. ua] Rental
ItenI
Units
Unit
Pricc
HiAcindeid
A 3DP51
4
haur
5166 .CIO
$364.(10
M C510
4
haur
5173.C10
$3811.(10
Phoeribi
4
haur
5163.C10
$34K(la
N/. en
4
hour
1173.C10
$3513.(Ia
Glendale
4
haw
1163.C10
$248.0a
Gilbert
4
how
9185.(10
$34axia
Scats sdaie
4
h ow
9171(1.(10
$12801Ia
Tempe
4
how
11910a
$1368.aa
PeoAa
4
how
116:1.0a
$1248.aa
Gaocyear
4
how
11671.0a
$1268.(ICI
Wickenburg
4
how
1162.Oa
$1248.0(1
Fauntain H:iIas
4
haw
11713.0a
112SI2.00I
Chander
4
Naw
$88AICI
$1352.0(1
Bt ckeye
4
haw
$(2.0C1
1124 8.0(1
El Mira€1e
4
haw
$(2.0(1
1132 8.0(1
Surprise
4
haw
$716.0(1
113(14.0(1
Avandala
4
haur
$If 3.0(1
1132 ELM
C ilai River
z
haur
$If 3.a(I
1132 ELM
AZ Bark9
z
haur
$If 3.0(1
11348.aa
Small Tawn
z
hour
$If 3.a(I
1134EI.a0
Ilot: UNIFORMED OFF-DUTYI CIFFIC ERSNEHICIJE IlM INIMUM 4 HOURS) -
Overlime
A?DPS
haw
519SIA0
$1951,aa
M CSIO
]
haur
$1133 ACI
$133.(10
Phoeriixi
I
haur
1193.(10
5193.aa
N en
I
haur
$11(19.`1(1
$11 aS1.50
Glendale
I
haw
5193.(Ia
1193.C10
Gilbert
1
haw
51137.`1(1
$1137.5a
Scott s daile
1
how
51](15.0(1
$11 C15.aa
Terrpa
1
how
51:138.0(1
$I138.Oa
Peoiiia
1
how
51S13.00I
1193.aa
Gaac year
1
h our
1110C1.50
5 ] (10.`ICI
Wliebtinburgl
1
how
$S11.0C1
1193.(Ia
Fountain Hills
1
how
11109.51(1
51:1(151.5(1
Chander ler
1
how
11133.50
51133.5(1
Bh ck eiya
l
11 ow
$ISB A(1
$S11.0C1
El Mirage
]
baw
$ISBA(I
$S13.0C1
SurFrise
]
11 aur
$1 l Z .CIO
51114 .aa
Avama]a
]
hcnu
$193.a0
$IS13.0(1
IRIOADSAIIE TRAFFIC SY S'IIEMS, D C
Lcit: L N IFORME D DIFF- DL IT I
OFNICERS/VEIHIC LF QMINIMIUM 4 HOUPIS) -
Mlilanti
A.ZDIISI 1
M C SIO ]
Ahaeniix l
Mesa 1
Glendale ]
C ilbart ]
Saattsc ale ]
Temple 1
Pacu-ia ]
Gaol year ]
Wi(kanh urg ]
Fountain Hills
C hanc lar ]
BuickeN e 1
mile
Esil. A in n ual Hunitall
11(1.50
Prices
Ela�tenidleidl
Item
Units
Llniil
110.5a
mile
Gila River
1
bow
$513.0(1
$511.0a
AZ Bark!
1
h our
$513.0(1
$S13.Oa
Small Tawn
]
hour
$S13.aa
$IS13.Oa
IJoil: LINIFORMDD OFF-EUIDY OFF] IC FIR ISIVEHICLE
(IMINIMIUMI4 HOURS) -
mila
Whic Its ElaurIN Plaile
11CLA
mile
$(1.510
AZDPS
1
flour
$115A(1
$115.0(1
MC SIO
1
Haw
$18.0(1
118AICI
Bhaar ix
l
Naw
119.0(1
118.00I
Mersa
1
fl aur
$18.0(1
118AICI
Clemidala
1
fl aur
118.0(1
118.00I
C ilbeml
l
haw
118.0(1
118.00I
Slaattsdale
]
haw
118.0(1
118.00I
Temple
1
hour
118.0(1
118.0(1
pacniia
1
haur
118.a(1
118.0(1
C aod year
]
haw
118,aa
118.0(1
Wickcnl:w8
]
haur
118.a0
$8.0(1
Fcumtain Hills
]
haur
118.a0
$8.0(1
C hand I or
haur
118.a0
$8.aa
BuckeNe
I
haur
118.a0
$8.aa
El Mbiage
1
haur
$8.(10
$8.aa
Surpnisa
1
haw
$8.(10
$8.C1(1
Avoridala
1
haw
$8.00
$8.C1(1
Gila Rive]
1
hour
$8.CIa
$18,a(1
AZ N69
1
hour
$8.aa
$18.CI0
Small Towns
1
hour
$8.0cl
$18.C10
Lcit: L N IFORME D DIFF- DL IT I
OFNICERS/VEIHIC LF QMINIMIUM 4 HOUPIS) -
Mlilanti
A.ZDIISI 1
M C SIO ]
Ahaeniix l
Mesa 1
Glendale ]
C ilbart ]
Saattsc ale ]
Temple 1
Pacu-ia ]
Gaol year ]
Wi(kanh urg ]
Fountain Hills
C hanc lar ]
BuickeN e 1
mile
$10.5CI
11(1.50
miles
110.11(1
110.50
mile
110.5(1
110.5a
mile
110.5(1
110.5a
mile
110.5(1
110.5a
mile
110.5(1
110.5CI
mile
11a.5(1
110.5CI
miles
11a.51
11a.5C1
mile
11CI.5(1
11a.5C1
mila
11CI.50
11CLA
mile
$(1.510
$CI.5(1
mile
$C1.510
$(1.51(1
mile
$C1.510
$CI.5(1
miles
$(1.510
$(1.51(1
181012E -S
NUM -S
ROADSAFE TRAFFIC SYSTIHMIS, E4C.
Item
Est. Anniugd Renitail
Units
Unil
Prieei
Eaitenidud
El Miraglu
1
mile
$0.5C1
$C1.5(1
Surpnise
1
mile
$0.5C1
$C1.5(1
Avondale
1
mi:1e
10.5C1
$C1.5(1
Gila River
1
mile
10.5C1
$C1.50
AZ Parks
1
mile
110.5C1
$(1.50
Small T own
1
mile
110.5C1
$(1.50
PRICING SHEET: NI GP CODE 56> -&
Turn is:
NET 3(1
Acme oji N umb er: VC 0(10(10(1251.1
Ceirt flcaAeis of Insurance Rkiquired
Cantrlact Puriod: To caved the Ileriod einding.lant airy 31, 201201.
SERIAL 180126-5
ATTACHMENT B
AGREEMENT PAGE
Respondent hereby certifies that Respondent has read, understands and agrees that acceptance by Maricopa County of the
Respondent's Offer will create a binding Contract. Respondent agrees to fully comply with all terms and conditions as set forth in the
Maricopa County Procurement Code, and amendments thereto, together with the specifications and other documentary forms herewith
made a ,part of this specific procurement
BY SIGNING THIS PAGE THE SUBMITTING RESPONDENT CERTIFIES THAT RESPONDENT HAS REVIEWER
THE ADMINISTRATIVE INFORMATION AND STANDARD CONTRACT'S TERMS AND CONDITIONS LOCATED AT
httns://www.maricopa.Lwov/DocumeatCenterNiew/6453 AND AGREE TO BE CONTRACTUALLY BOUND TO THEM.
Small Business Enterprise (SBE)
RoadSafe Traffic Systems Inc
RESPONDENT (FIRM) SUBMITTING PROPOSAL
Bill Hengen Branch Manager
PRINTED NAME AND TITLE
3015 E Illini St
ADDRESS
Phoenix, AZ. 85040
CITY STATE
WEB SITE: www.roadsafetraffic_com
26-1084418
461615
FEDERAL TAX ID NUMBER
DUNS #
AUTHORIZED SIGNATURE
502-243-1218
602-243-3470
TELEPHONE
FAX #
01/23/2018
7IP DATE
MARICO A COUNTY, ARIZONA
r
BY:
11�1--
C4EF PROCURE~ ffi OFFICER,
OFFICE OF PROCUREMENT SERVICES
APPROVED AS TO FORM:
DEPUTY COUNTY ATTORNEY
EMAIL ADDRESS: bhengen@roadsafetraffic.com
Pt-v�
�i
DA'Z'E
-2—[]1
DAQV
SERIAL 118C11216 -fl
TEM PCI RARN TRAFIFIC CONTRC L SERVICES
ICES
] A INTENT:
Thea iacini ofI'Ihis salicitallian is to cistablisli a cantrast fbr pempoiiary'Ilraffia Coriblo] 9crrvieas. Ttis prising
agrlocimunrl is fbn plrovidingl parscmrel and aquiippmenR fanr onrcall banicada sarrvica it support afl 1ho
MariieaAla County Dlerpartmeinl ofl1ransparalian (MCDCT; pnajocls. This service is to bu autharizad by
Pwchase Ordar only. Cur ain relalcid pradu cis shall be purchasud ani this aarnuact
Maricapa County neserviers the right to aware this acmtrlacR to mudliplle vandars. Tho County rescrrvies the
righl to award in whale an it par, by ilem or grpup of ilcrms, ty section or anagraphic area, or make
multiple awards, where suah a(don serves the Caunt3l's best inlcmcist.
Othicrr gloven►mernul entities uindor agrcien;renR withl the County may have MUM to serviiscrs plroviccrd
hareunideir (sere also Sacitionis 31.71 and 3I.El, belowi;.
The C aunty nesorvcis tale right to add addil sand coriblaalors, at the C auntJ's sale discrrertian, in caseis wherci
the curronRly lister cariblarctans are ofl an insuifficienl ns rriber or skill-seR to satisfy the C ountyJ's nerds or to
onisure aduquale can`ipatilian on any prajocR an task order warld.
3.0 SPECIFICATIONS:
21.1 DE SC RIPTIC N:
Ther service shall acrnisist ofl plrovi6ng ilemplonary trlaffic conrblol services in support of Caurrt}
mainlcrnanae and repair aporeitiors using Cantrarctar furdishud oqu'pment and labor on an as
nciadad basis. Thu Coniblactar shall furdish all labor, narlcrials, sciniices, inswancu and aquiiplmenit
nacossary Ni the deilivery, pllarcemenl, mainlunamce, ramoval afI rlerriparary trlafflc cantrial
equripmenl, as well as Mar icrr teimparm-Nl traffiia cane l purpascrs as seal forth in these
sp orificial ians.
2.,'I TRAFFIC CON TRIOL MA DERIAI A ND LABOR:
X1.3.1 The specific layaul anc seitup ofltzlaffic cormlal shall be gavum& by those speuificatfam;
Manual on Ur.iifbrm ]]raffle Control Joviacis (MUTCD; (seer item 2..f, and/or MCDOTI
pne-approved traffic cortrlal A1lans. Mer Cor.iblaarlor shall be garvideid with a lisl of
persannel aathorizec to order seniiaes. T11a Cant halon shall ba furnished wr.'ttcmi
dacumenlation ofl spleaffla plinjeals, avid coapecrlec dates (if aplenafoni and shall rosplond
within serven (17; aalordEw dans to indicalci their willingness to aaacirlt the rrojuul.
Ccmtdactar shad] to reispans:ibla to Flrepare splucifie hlaffic plans, which shall ba arppnoved
ir. ardvansu bN MCDOTI. Iflthe Pnimar-A Contractar is unwillin8 ar unable to acacrpl the
splecifis plrojucl, the prcijeut shall be awarded to 1he SeaondarM Contractar. Changus in
traffic aantrlol plans ar ppiocedwes may be arulharizec ifl substituile method cif arlaration
and seri up supporting world is aecopltod by NCDCTI. T'ho County maN utilizer typicdl
ttafffa aortral plans dwingl the term aflthis contract and such plans will be provided la tha
C cmtrarc Ran.
3.3.1.1 MCIB RIIIZATIIC N &I 17EMOBIILIZA TIICIN (TRAVEL TIME)
More are threici 113) zones fico mabilizal ian & damobilizalian, this is drivinil lime
1a and filum job sites lhraughaul N. arisorla Cawrty. Tha charga will be ane 111)
timei per day to iraluce berth mobilizations anc dumab-1aataon. 9oei Attaahrrlerit
A, Pricing) Haile, ilcim 1.8 fkrr the throe (:I; zcrnicis.
31.3.3 The CanRrlaalon's Fararrrian shall be an A119SA Carrificrd T1raffic Canttal Tleehniciam_ A
list aft aertificid rlersanncd shall be rlroviced to 1he NCDOT1 Erginuen prior 'lo the
beginning) aflary rpojarcl. (Thar Cantrastar shall only urlilize rlcrsannel wbo are cartified
flaglgens.; Flargglers shall be aartified by IMSA, A1I9SA, I1TAP or athen arpgovcrd
sources.
9BRLAILI 18012(-S
3.3.3 Existing signs aanifliarlirig wilh eonnstrucrtioni signing shalt be aavcrrerd. Canrleudin i wrticEd
panals wiirlh apprapriale "Kocrp Right" signing shall be inslalloc if required by MCDCIT.
Twci sard bags shaill be roquined on all pertabla siguls and vortical pancds, ifmom are
rciquired due to wieathar coridit`oris, they will be prc vice d al no ahargcr to rho County.
3.2.4 Tho Count3 miry pravida ane I1]' orlcrational Flortable ocn►runicartianis radio fon the
Cantdactcr's Fonerran use. CcinlraKlloll shaLl replhicia radia if losl ar damaged by
Cantdaurtcr.
3.2.5 The Cantractar shall pick upl and nerravei signs, barriaaidos, channels ane otbcrr eevicas
withir twangy four Q2� ; hows of nior ificatior and all eoverec signs shad] bcr ncrstancrd.
3.2.6 Thcr aantmolan shall mainrlain ai la8 oflad] rcrgt esls for service. The log shall ina:lude none
of roduestar, daita, lime, and the nequirad actions to include:
2.2.(.1 Lniitial re:gLesls fon signing.
2.21.1 Any add ilions on ahangas ini siguling.
2.2.f .3 Tt a road segmcia being) signed and tdaiffic contral requcrstod.
21.21A Thcr Cortwitar shall insplecr and mainrta a all canwi loji installed pertablo traffic canttol
doviees at least anaci curing each twenty-fbw Q24, hour poriad. Marcy f 6quenit inilervails of
irspoction and mainlcrnanco shall be maidcr dwirig poriads oflhigh wiincs cr it areas whora
these is a aantiruiing Frableun it maiirtaining the signs. Rcrparts oflall inspeetionis witb
dcrficicna'es shall be roquiirec and rcpertec cailly to the MC DOT.
1.2.8 Ttc Canitilacloji sha]I pnovWe gtal:ifed suplernisiani of all crows during the Fcrfcrmance of
the senvica. Superrvisors and flaggl rs/laibcrers mull be able to acnwaisc it tte English
langlualle, ane shaill be anrlhar:izec bN thcr Cantrlaclor to ncraoivo and carry cul diroolivas
issued b IheiMCDOT.
1.3.9 Ilorlablo Maniable Message Signs; the massaigo disF.larA shall ulil.ize Lighl Flrnitting Eiados
QLED's;, Flip -Disk, F:lipl-Disk/H}lbrid an LED/9huttlercid pixal fon all matrix types
(1charactor, lino and ft -111).
:1.3.10 All signs shad] tci NCFRIl compliant morel 1ha roquircrmenrts of tho MCEIOT 9upFloment
la MAC I, ane the MC DOT 9ign/E arriaado Manuial(s; .
:1.3.11 F ILIOT C AR W: TH E RIS ER
Shad] be'/ to one•tcn trunk wiilh high-intemisitM rotating, flashirgl, osaillating, or strabo
light and conisp'cupu:i laealian an the near oft voh:icic to mount PILCIT CAR FCILLCIW
MB (IG2104).
1112 BIARRIC A DE TRIUCK WITH DRIVER
Shad] be a ane (1) tcn to cno-and-cno-half Q]-1,12) lona truck capblcr of trawiporting a1]
signs, celincralons, cernes, ohanneds, flaggingl supplies, coublo-faaeid flcrxiblcr rcac madders
wiilh a daublo a.lear pratocitar tab, portablcr raidias and other signing supp:lias necluired for
the dary's activity. The tnck shat' to crgtipped with high-inrlensit3 rataling, flashinlg,
ascillanlirg, on strabo ligtt and variable riessaigei board. if the Cantdactar is urablei to
pr(ivida ccdivor)l and hyciul wiilhin i1ho spercificrd tire, immcidiate natifieaticn will bei
mac a to thcr M C 13CIT Engincrcr.
2.:1.13 TB UC K MCIUNTEID A`fl11FINUA TCIR9
Truicic-rriauaac attonualors shall bo anergly-atsonbing daviaes attached to the rear of
truaRs and shall be used in accordance MLnTCD 9cralicn 6F.821, or the laters1 revisions oft
SDRIAL 18012E-5
2.2.14 UNIFCIRMED CIFF-DUT1YI CIFFICER(IS):
The Ccmtraclor shall plravida when raqueslcid by MCDCITI SUtei of Aiiaanai Sworn
un:ifbrrrec cff--dusty cfficcm(s; far templaraq tdaff'c cantilol plrcisanca. Full}) aclwipplec
vehicle maty ba requned wlferi naquieslcid bN MCI]CITII.
2.:1 CHIF SEAL MARKERS:
21.31.] Chip Scial Marker, covenad, 2 -way, yedlowi, Davids cm TPRM-'Yl'I an eduad.
3.3.3 C h ipl Saal Marker, caveried 1-wiaN white, Davidson TARM-W] ar ciqural.
3.4 INISTALLATIICIN CCINFL•ICTS:
In 1he ovon:l that MICDCIT Highway Clperalicns Eniginacir ar his dasignlea and tle Comtractar
eannat aggeici orilhci pnoplar tilafffc control on barricade installanian, 1ha judgment cfllhe MCDOT
Engincien or his dasignaci shall prevail. TTci Ccmtilaclon may request arbitralicn by 1he MCDOT
Enginciern. The Contracllor shall comply with the dcicisians mace ty the MCDCI'T Engineer as a
reisulll aflsuch arbitrlation.
3.5 REACIRTIS:
DailN wank shads ak a daily celailcid listing) cif ail] lhei roads under sigrlirig shall be plravidad to
the MICDCIT Englinciar. The reipcn shall incluce tha dales signing wiu scat up, the nuratcr and type
ofldevicas used far each mala, the date and tima inspeutioris were ccmcuctec ilinclucirig the name
of tha tdaffici contral tach anc M CDOTI ins placlwi), thei c ales anc lime signlingl was rarrioved (Jor thei
work that is cor6m inig; _ Tla Ccntractar and lhei MC DO'll aniginecr shall sign lhei rapart daily.
2.E STANLARDS:
All ecluipmenl, signs, barricades and lighling davit as shall bei lsCHRP 35C acmplianl, la thei rriasl
current Faderal Highway Administilation MANUAII OF UNIFCIRM TRAF]1IIC CON7IRCIL
DEMICES fdr stracrts and hiewaNs ant ail] other ploliccis ar regulations an traffic contra] acopltec
ty MCDCITI.
21.71 COUNTY SIGNINC:
True Caunty reiscirvas de right to plravidei, install on set up comstruc1ian sigping and barriaadirig as
decimcid naceissary with Caunty fdirces on bN tha Scicandaryl Contracnlar if adciquanci materials and
peirsannal cannot bei supplieu ty tha Cantralclon.
3.8 DA.MACIEE, ST1OLlEN CIR LOST SIGNING:
All ]est, sllo:len ar damaged daviecis stall be immadialcIN replaced by thei Contractar ar rcimovad
fifcm tha rcemtal aquipmant lislingl uplani nol if cations by a IV.ICDOTI rcipiesemtativa. M CIICIT will
make rcinla] payrrents only fbr equipment that is plhysicialIN usac on prcjacts and in accepplila
warnkingl ondcir Yenificid by tha MC DCI'➢. Cantraetar sha]I net bci rairnbmseid by MCDCIT] fan 11 he
rn(q):laccrncmt value ofllosl or sloleni ciqu iplmant.
2.9 DISAATIICH CENTER:
TI e C ortractar shall piumide ant maintain a manriec tweintyl-four (34) how d'spatch center with ari
aperalicnal radio net anc lelciptor.ia 110 pravida emergaviay service. The dispatab ccinlcr musil Ilava
al itl c isplasal a sufficiienl niwr ter ofltrucks, men ant equiipinr enit to respcnc to racluiasts ant iriiliana
mabilizalian fon service wiilhin two (12; hours, inclucirig nighlls, wciekcmcs ant haliclMs. Duningl
active road maintaniar cie oplcrations, the man and equipment shall rasplanid and mot iliza v ithin one
(1) haur far thci c aily scheduilad san{iaa.
SERIL&E V101216-9
a. l (1 SAIIETM REICH UIREMEN T9:
Via C antraetar st al] adhere 1(i all aplpl iaablo OSHA, industry and lacy gavernu c cit safeity
praeecures, riles and regulalians. Thu Contractor sbal'I tilain its personnieil iri aplpinplriatle safcity
standards relaxing llo thci pletifarmaneci ctflserviaes deisatiitcid in thesci Tleichnical SpuaiffaaRiunis.
111 INSI ECTIION 8:
Thu Caunty nesemium the right to insplect each bide eii's eqt iplmenit anc review thein appllical ian
pracec uras priori to conitrac:l amiasd.
2.13 QUALIFIC AMON CIF BID DERE:
CCIN TIRACTIOR shale have muiimurn cflfivu 115) years of experiervcu.
ChIly firmis erpeirierncuc in the processes oft rand aanstnlclian/mainlcinaince ttlafiic ccntrlal and
tarfcac it g renting will bei cansidareid ftir eantract award.
2.13 LICEMIES ANID PEFMITIS:
Tle CONTRACTIOR shall, A ils explernse, plroauwe alll nueessarM licer.vscis and plcrmits tielating 110
Cortracilors oplcmat:ioni in connuation wiilh the services dcisctiitcid in lheisc Tlechnicial Specifications.
21.14 P140TIEC TIICIN OF PUBLIC ANI; PRIMA TIE PR OPER TIY:
Tlhu cctnttiaetan shall exercisci rlrucen:l cawian to pFalecl plcidustrian and vehicular ttlafflc.
Conttractar shall further avaic musing c amage to plublic and privatla praperty. Iflin the opinions of
libel MC EOTI ticplrescinlal ive, lhei Canttlador englagles in a hazardaus ppiaailiaci, C arvactar shall cciasu
such activity immediately after verbal or written nvulificatian by the MC DOTI rcipresunla Live.
3.15 BUILINC:
11hei tilling fbti surviceis shall flallawv the daily repar ftrrmad and inaluidu a lis:lirig bN read scigrrlenls
spucifled by the MCDOTI Ervginucir W.O. number. Inlcluced with th's will be the dates and lime,
whether it wvas inslallaton ar remaval, w1lal type of aailivi , (i.e. flaggingl, signing, insplealicn,
cite.;, wvhal type aft activity that thea wotik is supplorlin€I (Ii.e. Chip Soal, Sweeping ori 111whing),
truck mmbeirs oflvehia'les plhysically ary thu work sire and the empllayec idem ifiaaiunv nun hers fai
those emplojeus plhysieally am ilhei work site. Signuc dail)I wvoA shouts shall bei usuc to verify
billing.
:1.16 DEI11IVE13 Y:
It shall bo the Contractar's resplonvsibility to meet the County's celivary requNerriunits, as called for
it the Techrlicad Splec:iflcalians. Maricopla C aunty rciserves the r:ighl to abilain services an the open
uvarket in the civcnl the C ctnttlaetar fails 10 make delivery and any price diffeiienitial will be chargee
aglainsl the C ontractar.
3.0 PURCHASING REQUIREMENTS-..
3.1 USAGE REI CIRT:
Tl e C antractar shall furnish ilhe Caunty a usage report upon uequicist delineating thea accluisilian
activity gloverncid bN 'Itci Conitract. The formial of the repart shall ba applrovcid by the County and
shall cisclase the quiantity ird dallar value ofleach corvulad item bN ind ividual unit.
3.2 rNVOICBS AND f AYMENTIS:
3.21.1 The Canttlaetar sball submit are (1) legible eapies of thein deitacluc invaiae tcifbru
pia ymenl(s) eani to mac e_ Inicamplatu irivoices will nut be rlroacsseid. F 1 a minimum, do
invoice must pravide thea fbllawing inftirmatiant:
SE RIIAL ]I f GI 216 -SI
• Camplany name, alddicis s anc cane aci
• County brill -1 o name anc cans act inform al iani
• Contract Serial Number or
• County Flw ch as a ander num ib cm
•
Invoice r umb or anc d ato
• Baymenl terms
• Date of ser icci or de ivory
• Q uanitity (num ber of c ay s or wecih s)
• Canttact Item niumber(IC,
• Llescrirltion of Pwuhzis o (rrocuct ar sarviccs,
• Ilnicing pear ur it of purchaisci
• Hnoighl (Jif aplp.licable]
• Extenidw ppiica
• Mileago whialci (cif applicable)
Arrival grid camplertior lime (iflarlplicablci)
Tlata Arrounil Duci
3.2.,'1 Ilnoblems regarding billing an invaicingl shall be dinected to tle using aglercy as lista an
tl a Purchase Clrc en.
3.2.3 Ilayrrlcin:l shall arilN be madei to 11hei Cor.iblacllor by Accounts Ilayable lhraugh the Maricapa
Count} Vendor Exrlrciss Paymeml Magilarri. This is an Elocbloniic Hands Thaniskir (JEF111)
plracass. After Cor.iblacll Award 1he Cartractar shall campllote the Vanidon Reglistrartioni
Farm lacaled an tha County Deparmenit of Finance'lendar RglisblaRior Web Site
hM2: Vwiww.mar.'icapa.s?ov/F inancoNcinc ars.aspx.
3.2.4 Discounts affbroc in the aortract shall be calcuilalcid basec ani the cale z1 ppioplerIN
coniFllelcid invoice is reiceivec by the County (ROI].
3.3.5 EFTI pa}lrrierts to the rouitim8 and accounl nimbers cosigr.iated by the Carnactcr will
include the cutails an 1he specific invaiceis that thea paymert covers. Me Canmaictan is
requiircid to discuss remittance delivery carlabililies with tloir cesignatec financial
insilitudan far access to 111asci c olails.
3.3 AF ALIC AE LE TIA }SES:
3.3.1 Aaymenil of TlaNes: Me Canlraclor shall pary all applicable taxes. Wlilh rosrlecl to anj
irstallalian labor on :items Tall airci moll attached to nea:l plroplerh performed bN Cor.iblacllor
urder the termis of th's Contract, thcl installation labor oosl zinc the gloss roceirltsl for
materials pnoviced shaill bci listeid sciplarateily orithe Cortracllor's irvoiccis.
3.3.2 Starlci and Ilocal Aransaictiori lhivilego Tlaxas: Tki tl a ealcnt any Stalci and local trarsadian
rlrivilego saxes apply to sales mace urder tha lams oflthis conblact it is the reispor sibility
of the seller to callaal zinc reimil al] applicable taxes to the praper ta)iiri8 jurisdiclian of
at thonity.
3.13 Tla)i Indomnificalian: Contractor anc all subcantractars shall play all Feidera], S11aflo, and
local 11axas apIpIlicable to its orlenalian zinc any persons emrllayoC ty the Conblaclar.
Conhlaclon shall, and roquina al] subcontractors to bold Maricapa County harmlass from
any rosponsibilit} for laxeis, c]anlages and inllenest, ifl applicable, cantil:iburtians recluiircid
uncer Hecenal, and/or S1alci anc local laws anc regulations, and anj other costs ircluding;
bansactioni rlrivil%je taxes, uncirrlplaymanit comparsalian inswanca, Social Security, and
Wcirlden's Camplersalian.
3.4 TIAN (ISERVICES):
No lax shall be invaicad or paid against Clantrlactar's labor. 11 is the responsibility of the
Conitracllor to c elcrminei ary zinc ad] arlplicaMe Taxes avid includes the coil in tl a ppioplosai rinice.
9HR IAL 18011116-51
3.5 HERACIRMANCE:
It shad] be the Canttlaulcu's resplorisibility to meet the prnapased plerformance rnec'pinements.
Mar:icapa Caunty resenves the right to ablairi scrviaes on the splen rriarkct iri thea evemit thci
CcnUactor fails 10 perform anc any prise ciffurentiad will be charged zigainst the Ccntrdcdan.
3.E HOST A WARD MEETING:
Thci Contrdctar mzry be requlired -la attcnc a past -award meietirlg with thc Using Agcncy to discus the
leans and conditions oflthis COTMKt. This meetirt€I mill be coordinated by thci Hioauremenl Offlcien of
ttici CanitrzKit.
3.1 91IRATIEGIC A.LIIIANCE for VOLUME EXFBND]ITIUREIS (11AVE):
11c County is a mcimba of the IIAVE caoAleral ivci plmcihasm€11 liloup• 91A V1E incluc es the Slate of
Ar'zana, manN Phoenix metrapclitan area muniaipal:ities, and many K-13 unified school disblicls.
Unccn lhei IIAVE Coaparative Hurahasingl Agraciment, and with the canauncncc of the suicoassfu:l
Respamenit uncen this scliaitadicn, a member of $AVE maty access a contract neauillin€I frlcun z
salicitatian issued by the Caunty. If ycul dlo not want 10 gilant suah access to a member of $AME,
Algia se state so in your bid. In the abserKie of a slalerrienit la the cantraryl, the County will assumei
than yaui de wish 10 grant access to any contract that may result from this bid.
3.f1 INTIERCIOVERNNffiNTIA.I C OC IHERATIIVH HURIC HA SINC 1 ACIREEMEN 1I9 I IIC HA's, :
Caunty currently hcdcs ]ICPA's mith nurr.mou: gavernmental cmlilias thrag1touit thci 91ate of
Ar'acna. These appemems allow those entities, with the zippnaval of the Ccntrlaclon, to plurchaie
their requliremants under 1Ihc terms and aanc ilicns of the C ouinty C antraat. Plaasci inid:icalci an
Attachmcm-1 A, your acceiptanae ar rejealicn ragaiding such parliaipanlicn of other glovernmertal
emt:iticis. Your reispcnsei Ai1:1 not be considarcid as an cvalurtion faa:lor in zwarding a aordract.
3.9 MOLUNTIARN EMPLOYEE DISC OUMS:
3.51.:1 Vendors may valuntarily offer disaaunts 'to Couitnly cimploNces far praducts on scrviacie
pvovidec uncen this aantracl. Whether a vcndar offeirs an does riot offer zn cimplaycie
discount is not a factor in nor aonsiderec iri the evaluatiari of nesponses to this
soliaitaticn.
3.9.2 Ary ciscount offered is part of a commercial tiansaalian bctmieemi the wincor and
individual County crrip:layees anc the Courty is not a party -la -Ihe tiansaalicn. Any
disputes or issues aiiising filom an inc ividuial aammumia 1 tilansaclion between the vane or
and an irdividual County emplayeia is a matter between the vendor ane the empllayee. If
a c iscounl is offcired, the tens s will be anncunaec 10 County emr layeies.
4.0 CONTRAC TUA L TERMSI & Ca ND ITIONSl:
4.:I C ONTRAC 11TERM:
Tlhis Mvilatian fan Hid is fain anvarcing a firm, fixlcid-price rurabasin8 cormlacd to cover a larm of
two ill) years.
4.2 OHTIICIN T10 RENEW:
The County mzy, at its option and with the coricurrenae of the Cantrlactar, rememi the ]cum cd this
C antraat up to a maximum aflthrlcie (3) additional yciars, Ilar at the County's scdci cisaretian, ex enid
the contract on z month 110 month basis fan a maucimulm of six (6; months aftcm cxpliralicn;. Tdre
Ccntrlactar shall be nctificid in writing by the Clffiaci of i voaurememt Scniiices of 1Ihe County's
irtentioni 10 ncnaw the canuacd term at lez st sixty (( 0) calendar days piniar la the exp iratian of the
ari pirial canuaat term.
SERIAL 010136-S
4.3 CCIN`HRACT C OMf LE`PICIN:
Tha Cantraclar shall make all reasanablei effarls fbr an orderly tramsitian all its duties and
raspansib iliticis :lo anatheir prav idar and/or to lbei County. `Tiflis maN inaluda Hut :is nat limited to
plreplaralian all a transit ion plan anc aocpera tion m it h the Caunty ar other prav id ers in tha
transilicm. Tha tilansilion includes :Iha trar.islOr cif all necards, and alben delta in the Flassassion,
cuistad) an cantdol of Canttlaclor required la be pravidec to the Caunty either by the larms oflthis
agileement an as a mater oil law. `Phe ppiov isians ofl this cilausa shall survive tha mpiration on
tarmination ofllhis aggaeniewit.
4.z I R CE A.DJL1971MEN` 1:
Any necluesls fbr reasanable ppiica adjustmenrta must ba subrnittec sixty (E0; days prior to tle
Conblacol annual anniiversary darte. Requests fan adjustmeinl in cast oil labor and/ar matlerials must
be suirlpared by aprlrorlriatei docurreritatian. Tle reasonableness oflthe nequasl will be delcrmined
by comparing the requasl with the Conisurrer Price Andeva ar by Flenformnng a market sunieN. If
County agilees to the adjuisled prise terms, Caunty shall issue written approval of the change and
ppio%ke an upcalad vcrosian oil the Conblacl. Tho niaw ahangla shall not be it affeat unt'1 the data
sil irlul al ad on th e C ontracrt.
4.5 FUEL C LIST PRICE AE JUS`IlMEN T:
4.5.1 This plravisian pFaviidus fbr limited increasad ar decreased casts of mater fuels (fuels)
used to Flcmfarm seniices under this Cantdaet. This ppioNis:iori daes nat aprll) la Hurrcr
fuel (i.e. prapane, niatural gwi, file] oil, used mcrtan oil;. It applieis to mcrtan fuel curly.
Nuel cost ac justmemds ma) be either positive or nglaliva. A positive fuel cast adjuslmenl
will resudl in an inumeasei in pa)rrierls 110 Cant►lacilon whiles a negalive fucd cast adjustment
"N resell it a decrease in paiymemits tel Ccmt►laclon.
4.5.2 T1 is provision is irtanidad to minimae risk to berth Flarticis to th's Cantrla l duce ilo fuel cosi
flictuaolians thal may acicua cwirig tha term of this Cantrlacl. `phis pravisian 's no:l
designad to estirratei actual quanft:ies oil fuel used in Flrav:iding senices under th's
Contract, bust to provide a raasonab:le basis fon calaulatingl a fuel cast adjustment based on
average conditions.
4.5.3 Applicaticm of this pravisicm will came irta eflkiut upon C anttacrtar suibmitUll of a fuel
cosil adjustrrlent requasil. A requast ma) be sub mitec ondN wileni the incmeasad cast of
Wel, estab Iisflec as a peraenlage of toll a] cantdact price I base fuel dost; upan award (if this
Cantdad, ex coeds len 110%) peracnl ofItha Hase fuel cost. T1 Contractor ma) nagiesl a
fuel surahargle no more than flour 14; limes ainnually, dwirig the manthl s', of March, June,
9eFplember and December. `Ilha negluesl muss to suibm:itted no later than the :lerth (1 CI'u' of
the mcmth. Ar.y suratargei stall be elfba:live tha flrsl oflthe fallawing month after reeeiplt
and appluoNal. Thei dale of Caunty aplpravail of a fuel cost acjustmert request shall
bacame the base data stir any future Ccmtilaclor ac justmanl requests.
4.5.E Contia(lou stall incluc a, as part oflits ppiiaci bid, thea percenitage afltotal contract price fuel
represcmis (e.g., fuel cast equals 1(1% aft Condractar cast) (sae also, Attachnfent A,
Mendar Infbnnalian . This plorcenrtage wil: raplresemR avid establish the base file] cast far
this Contilacil. The baso fucd cast shall ba established as the due date fbr submissioni afl
tics fbr this C antract. All subsuquert file] cast adjustments shall be based upan the cafe
the County approN as a Ccmtdaclar's request fbir fuel dost adjustment (a.g. fuel cosi
adjustmeinl aprraved b) C aunty an JanuarM 1, 2(1(16, Januar)l 1, 2(I0( becomes base c ale
fbr an) next Coritilaailor requiast fbir adjustment;.
4.5.5 Fusel Cost Appllivalian Rlecluiremcnl. The Contraalor must provido documentation
incduidingl type all mcrtan fila] and fuel invoices with price ofl thea fuel used in pinouiding
services undcm 1Ihis Cantdact, hiam ilhe monith bids were due and the mor.tt ofl the cast
adjuistmenll requiest, mi -lb ani) fuel cias'I adjustment application. The file] aasl ac.justrirlent
SERIAL INCH 216 -SI
appliaatian must bei aampleled miiiilh all aplpliaable cala, and signeid by thea Canita(tar.
An) cast adjustmlert miiill be ca:lcuilaleid b) the County b) using thea bweaui of Labor
Sltadislias, Pr&uccir Price Indene far Gasalinci — WAU051711 and #21 Diesel Fluicil —
WP05,A]lm(lttp:/ddaila.bls.gov,lag'-buvsurvciymasl?wp;.
z.5.( TIci fucil surahargci shall be bascid ori the curreinl quarterly index of the Weist Caast
IIPAED5; Dicisel IlOn-H ghwiaN)-All Tlypcis ar 14ciformuilaled Ajeas Gaisolinci aomplarcid la
the pneviaus quarterly index plemiad as replaricid an Zhu Energy Information Adminisblaliam
IJEIAf wiebsim: httpil/www.ciia.dae.gayl
4.5. ;I Ile aomplulal:ian of the ficd surab arga armour) shall b ci c el crmincid as follows:
4.5.71.1 The fi lel aosl aampaner it filom A t aahmenl A I1vundar in formal ian; of the
Conbiacl with MaricaFlai Caunty, multiplied by the pleicend of change indicated
bN the EIA repor filom the praviauis it dcix pur:iad.
4.5.71.2 Uplan agllecimiert bN the County to the suraharge, the Caw IN shall issue written
appnaval of the cbarige priog to anN adju; led irivaicirg submit ed for pla}lmcnil.
4.5.7.'1 Thu swaharga shall be added as a seplaralu :line item to the invoice.
4.6 INT, EMNIF 1C A 11101` :
Ta the fullesl exlcin9 permitted by law, and to 'Ibci exlunrl thal claims, damages, losses ar expenses
are riol covenud and paid by inswanue pwchaised bN thu Canblaclor, thea Cortraclor shall defend
irdcimnify and hale harmlcis s thci Caur. ty (as Clwner,, its agunls, rciprescmlartivas, agents, afficers,
directors, affiaiads, and emplloycies filam and aglainsl all claim;, damages, lasscis, and expen-as
(lincluding, bul net limilI& 'la attomays' fees, aaurt aasls, e)�pcir witless fees, and tha casts and
attarneNs' fees fan aplpallate pracacidingls) arising) aul al, ar ailluElac to have resudlcid filum the
ricig:liglert accts, enors, omissions, oji mistal e; relating to tha plarformanae of this CanWicl.
Cor.iblaalor's duty la defend indemnify, anc bald harmless the County, ibl agents, replrasemtative;,
agents, afflacirs, c iractars, affiaials, and cirrip:layeeis shall arise in connuationi with any ulaum,
camagu, lass, on axpler.isci that is attributable to bodily injury, s'ekness, disease, death on injury lo,
impairment af, or c estrucl can of tangible property, incluc irig lass of use resulilir g thence filom,
as useid by negl:igmil acls, cirnans, arnissians, ar mistakes in lhei performance of tl is Contract, bul
only to the extent as uscid bN the ncigligen'1 acts on amissioms of the C anuaatar, a sub canbactcr, any
ana cniea'11N ar indirciallN amploNcid by thamy or anyanei fbr whasci acts they, maN be fable,
raglasdlas: of whether or riot such alaim, damage, las;, ar mpen ie :is aauisec in pail bN a play
inc emnii fiad h c maund c r.
The anam n9 and type of it swanaei caverage requ iremenl s sat feu h herein will in nio wary be
aonistrueid as lirniling 9hci saapci of thci indcimnrity in'lhis plaiagrlaph.
The scape of this indemnifiaalian does niall Wanc la the s ace negliglcmice of Caunty.
4.7 IN SIURANCE:
�.11.1 Ccntdautan, at Contraatar's awn explensci, shall pwchase and mainlair the herain
stipuilalec minirrum inswance fram a camipanN or campanicis duilN :liaemsed bN the Slate
of A r, zcnai and plot! assing a current A.M. E est, Inlc. rating of B++. In lieiu of State afl
Ariaaria liacinsing, the s'Iipluilalcid inswanaci maN bei plwahasec fdam a aamplany ar
companies, which arca authorised to da buisiress in Shu Sita'le of Arizana, pravideid thal
said insurance campanicis mecit tha applraval ofl Caunty. The farm of anN inswanae
plolicius and fbrm, must be aacciplab le to Caunt).
4.7.:1 A11 irswanaci nequircid herein shall be main'laineic in full farce and effecd until all weak an
servicei requiniec to be perfarrnied under the Terms of tha Cantract is satisfactarilN
sHRIIAM 18x11 a6-9
completed avid 9arrrally acccii Failure to co so rnay„ all the sole discrctior.i of C aunty,
constitute a n Edcirial preach of this Canittlacl.
�.0 Cantractar's insurance shall bei plrirriary insurance as uesplecls Caunt), avid awry insurance
or self -in surance mainlaincid bN County shall ncrt contrlitulci 10 it.
.7.4 Ar y failure 10 compll}l miith: he claim repar u g pravisians of the insurances plol icicis ar anN
bi each cd an it surance policy wiananty she 1 mall affect ' hei County's right to caveiragle
affkirdeic undcm tyle insurance plolicies.
z.I.5 The irsurari plalicies ma] rTavice aoverage that contains cecuctitles or self-insured
rcitenitionis. 'loch deidLuliblei and/ar self-insurec relcintians shall not be applicable wiith
reispeict �a the coverage prav:ideid to Caunty under such plal:icicis. Contractar shall to
sole]] rasplonisitle for the ceduclitle and/or self-inisurec relenlicm and Caunty, al :it'l
apllion, ma] require Cantlaclon la secure payrrlert of such decuctitles ar self-insurad
netenl:ianis ty a surety bane cr an inievacaiblei and uncanc iilianal Ritter of credit.
4.7.E TNi insuranaei palicicis requirec ty 'Ibis Contract, except Workeirs' Compensation avid
Enons and Clmissionis, shall riame CcmntN, its agents, reppiesenilativcis, officers, direclors,
afficials and enrploNees as Adcitimral Insurcid s.
4.7.1 Me policies required hciveiunder, except Workers' Compensatian amid Errans avid
Clmissianis, shall canuini a waiver of transfer of right: of recovery) (1sutrogation) against
Caunty, its agents, representatives, officers, direialors, affreials and emplayties for ary
claims arising oust (if ICondrlaclor's wionk on servicei.
4.71.8 Commercial General Liability:
Commercial Geineral Liapilit) insurance and, if necessary, Cammenciad Umbrella
insurance with a limit of nat less than $1,1[ioa,li far each occurrence, $I:vioa,aaa
Prac uatsilC omplletec Gplcrartionis Aggqeiga e, and $�I,(IO(I,aOa General Aglgreiflaci Limit.
The policy sflall irclude coverage fov premiscis liability, badily injury, broad farms
plvoplerty damiage, plcrosonal injury, plraduats and camplleteic aperarlicns and blanket
contilactual aaverage, and shall ncrt contain an] plravisicns whiob waulld seine to limit
third plarty actiori over claims. Rem shall bei na encarseimeinl an mocificationis of the
CIGIL limilinpl the scope nfl covenagu for liability arising frkim er plosioni, col -lapse, an
undecgraund property c arrragle.
� A.q Autamopila Liability:
Cammercial/Busineiss Aulomcbilei Liability insurance and, if necessary, Camrnercial
Umtrcdla insurance with a combined single limill far bocil] injury) and ppioplert) camagei
of niall less than $:I,000,01M cinch accurreinaei with raspect to any of lhei Cantractar's
awnicid, hirac, and none -owned veYclas assigned lio cr used in plenforrrianee of the
Cantrlactar's work ar services on uise ar mair teinanae of the Premises unc er this Contriact.
4.7.10 Workers' Compensation:
Vvarkens' Clamplensalian insurance ilo cover opligalians implasac by federail and stale
statutes having jurisciclicn of Clorirl ar's cimployeas engaged in the plemfonrarnee of Ile
work ar seirvicas under this Contilact; and Hmplayar's Liability insurance of nat less than
it uiaa,aaa far ciaab accic enrt, 14,12I(Ia,li d is aw a for each cimploNee, and 911,a(Ia,O(IO
c isease ploliq Iimil.
Conitraclon, its ccntraclons and is subcormactars waive all rights aglairsl Ccntrlact and its
agents, officers, dircictors and eimplayees far racaveryl of damages to the exlciml these
c amara es are covaned by th a Wark ens' C omplenisationi and Empllayar's Liability ar
eornniercial unbralla liability insurance ablaineic by Cantraclan, ills canrilactars and its
subcondrlaclors pursuant la this Camilla;.
9ERIAIL 18(126-S
4.71.1 1 C ertifica les of Idsurancci:
11riar 1a Cantraat AWA.REI, Cantilacloii shall furnish thci Caunty with valid and
aampleto cerlifiaates (if irisurance, ar formal erdomemenls as rcquirac bN lbe
Ccntrlau in thea farms ppiovided by the Caunty, issued bN Cantramar's insurcir(s"
as evkerurei tial policies praviding 1Iha recluincid aouemagci, aandilians and limits
nequineid by this Contracil are in full fbnca and edfecit. 9uah acrifiaaRes shall
identify This ccmtrlacl number avid 9ille.
z .7.1 :1.2 Id the eNanrl an} irsuranaei rloliq (itis; requ rec by th's aaritraat is (arei) written
an a "alaims made" basis, aaverage shall exlcind fon two Nears pasl aomrllalicn
and aacciptadati of C antraiclan's wark ar sarvicas and as evidtnatid by annual
C cirtifical cis aflIrlsuranaa.
4.7.1 :1.3 If a pal icy daes expina during) the lifb of the C antrlaot, a>teritiwad cert ifcal ci moist
ba seinl to County fifiaan III `' days piiar to the expinatiori calci.
4.7.13 Caricellation arid ExpiralianNatiae:
Aplp:liaable la all imuranaei plcdiaieis roquirad Nilhin thea Insuranati Roquirtimentsl oflthis
C cnhiaat, C ontracul or's insus an ae s h all noel be peinnit ed 11a exp lire, to si ispcne c id be
canceltid, or bei maltiriall}l changed idn- any reason without thirty 113(1, days plriar written
natice to Mariaopla County. Cantrlaclon moist prav:ida Ila Mariaopa Caunty, within 2
busiress days afl rcicaipil, if thaN reacii`e naticci afl a plol a}l shat has been on will be
susplended, aaricaled, materially ahangtid for any nciasan, has tixpinod, or will be expiring.
9uah noliaei shall ba sent dvlac1l}l to Mariaapa County Offraci aflAnocwamer.t Services
and shall be mailec ar hand c elivarcid to 3XI Wasl ll.inaoln Strltiel, Phoenix, AZ 850(13, ar
emailed to the Arocurcirrient Offraar natud in the scdiaitalian.
4.8 CIRDERINC AU3HORIIIY:
4.8.1 Any roquosl for purchase shall bei aiaaompanied by a valid pwahasti ardor, issued by
Offiaa afl Praaurcmanl Sanviaes, a Aurchasei Order issued by 1Ihe using Elapartrrant ar
dnicidian by a Certificid AgenaN Praorrement Aid (CAPA) with a Pujahasa Card far
parymenl .
4.9 RHQUUMME> , T51 CON TRAC 71:
rMis C antllaat daes nat guarantee any m inirnum ar maximum purchases will. bo made. If
rpncha:ies arta made for the maltrials ar rnecluireimenl uonlarinec in 1he Ccnuaut, theN will
la pw6hascid fram the Cantllaelor awiardeid than linei iltim. Orders will cn:ly be pllaatid
under this acntrlaal when thti Caunrty idartifies a necid and plraptr authonizatiari and
d oaun enitadicn have been app pim ed .
z.SI.3 Corruaalors agrlaci to aaaepl verbal nolificatiori aflcancellation oflPuilchasti Clrcens floor
1ha Caunty Proauremenl Officen wilh written notif.canlian to follows. Cantdactar
srlaaifiaally ackrlowiledgas to bei baund bN )his caricallatiori poliay.
4.1(1 PURC RAISE ORDERS:
C auity neservcis 1ha righl to caned Purcdrasti Chidars within a raasanabla rlcriad of tima afttir
issuiance. Should a Pumahasti Crdeir bei canaaled,1Ihe County agreeis to ra:imbunsci 1be C antractcr far
aatuad and dacumanlable casts inciun ed by the Canuaclar in rmplonsti to 1Ihei Aurchasa Clydan. Thei
CauntN will riot raimbwsa thea Contraatar fon any aosls inaurncid afcir reuieipll afl County niollicci cif
canaalladiari, ar fan last prafils, shiplmerit oflplradual prior 10 issuancti of flurrahasei Order, a1c.
SERIAL ] N012f -S
4.11 9L 9PENSICIN OF WCIRK:
The Pracuremenl Clffieen may arc er the Canttlaclan, in wriling, tca susl enid, delaN, or inlerrupl all cr
any part efIfle wark eflthis coritract for the pleriad ofllime thatthei Procureimeini1 Officer cetermines
applroplriale for ilhe coniveniieriae of the C aunty. Na aidjustmenl shall] be mac a under this clause far
any suspenision, celary, on intamzltioni to the extent that performarice would have been so
suispencec, delayed, er in1erruptec by any other cause, including 111e faull or rieglli€fence of the
Contractar. No neiquesl for adjustment under this alause shall bei gtlanled unless the claim, in an
amounl staled, is assertec in wriitingl as socrn as p1aac1icable afleu tt a terminialican ofl1he susplarisian,
celary, or interrupltion� t ul niol later than tha date oflfm al paymemit under the aernttlacl.
4.1A STUB WORM CIRDERI:
Me f noaurerr enit Clfiiceu mail, al anN time, bN wiitteni ondeir la the C antractar, recluire the
Conitractar la slap all, or anN pail, ofAhe warld callec for bN 1Ihis conRrac11 fcir a Aleniad of19Cl cat's
aiften lhei ander is deliveraec to the Cantrlaclon, and far any, further perioc to which tte parlies may,
aglee. Thea arcen shall be specifically idenliflac as a stall wiod orcur issucid urder this elausei.
Uploni reiceipl oflthe carter, the Coritractar shall immadkitely comply with its teinris anc lake all
reasonable slaps to mirimize tta incurrence of casts] allocable la thea work covered bN the ordem
c uring thea pleriad cf work sloplpage. Within a I eried afl9(I days after a stap-worak is deliverec to
1Ihe Contractar, or within any exteri9ion cafllhat pemioc ilo whicih the par itis shall have ag7leied, 1he
Prceuremenl OfFicem shall either:
A . ] 2.1 Cancel thea slap -work orc er; on
4.12.2 Termiir age the world eov erec fly the care er as I rov is ud in the Daf ou lit, or thea Terminal i ons
for Coniveiniencei of Zhu County, clause aflthis Cor.tdacl.
4.12.3 The Frocwenieul Clfficera may rraalde an ecluitablei aidjustrttenil iri the celivery schedtle
and,or Ccnttlact prices, or othearwise, anc the Cor.italacl sba1:1 be modified, in wrillirig,
accordingly, if the Canttiaacten cemcanstrlaates that t1le stop work carder rasulled in an
increase in coals to the C antraetcr.
4.13 TIERMIN]A TION FORT C CIN MENIF NC E:
Maricopa County maA terminate the resulllant CarPlacl for convenience by providing sixty 116(1;
calcine arc ays acvaince ncatice to the C anitraetar.
4.14 TIHRMINATICIN FOR DEFA UUT:
Me County mail, by winiter.i niolice of defaull to the Ccniblaelor, lenninate ibis eanttlact in whale cua
in par ifltbe Conitilaclor fails lo:
4.14.:1 E eliver the supplies car to plenfonra the searvicus wiilhin the lime splec:iflec in this cantract or
any extension;
4.14.3 Make plragrless, so as to endanger perfarmarce oflthis canttact; or
4.14.3 Perforrr any of 1Ihe othcir provisions of alis eontracrl.
Thea Caurty's night to lermiinate this contract uncer theisa stbparagtlaapbs may to exereisec if 1hei
Ccanttlaclon dues niat awti such failure wilhin la daNs (Jor niare if authoniacid in writing by the
Count; aftcar receipt of4he notice fram the Pracauremend Officer specifying] 1he lailwe.
4.15 9TATIU HO14Y RIGHT OA CAN CELL ATI]ON FOR CONI LIIC T OA INAERESll:
Nolice is gliven that Alursuanl to A.R.S. § 38-511 the Caunty may, carnael anN Canrlracal wilhcut
pleanialty an fuhil an obligation wilbin 1Ihree years after eaxeculian aft fle Contrast, if ani] plensoni
SE RIAI 1801136-51
siglnifiear.itly involved in initialiri neEla-liatiri securing), draftinEl ar creatirgl 1he Ccnwl(lt ori
behalf of the Caunty is art anN lime whila the Canhaal ar any eixter.ision of 1he Ccntcacl is ir.i effect,
an empjlayee ar aglerR of any olhei plait} to the Cantilacat in anN caapaaity or aansuiltanl to anN crtten
part} oflthe CIor.NaKat with respeal to the sutject mater afllha Conihlaal. Addilianai punsumitta
ARA 9 38-•51:1 the Caunty may recoup any The ar commission paid ar due to any plensoni
signilfiaartly invcdvec in inilialiri neglatiatingl, sciauting, draftingl ar areartingl the Contracat on
beihalf ofllha Caunty flom any atheii plarty to the Cantraal arising) as the nesuill aflilhe Carnhlacl.
4.16 OF1i FC IR DAMAGES:
hi addilian to all athar remedies ad Law or Dquity, the Caunty may, affltall flom any moriciy due to
the C antracatar any amaunU Cori aallor owies to the C ounty fbr darriagleas rasulling filam bneaah on
defiaienaies in perf brmanae aftha cart ad.
4.17 SUBC CINTRAC M G:
4.11.1 T11ci Canttlaclen may nat assign to another Ccntiaclor on Suibaormaat llo another party fbn
plerfarmarnae ofl the tennis avid ccndilians 1ereafl wiithaul thea writteni aonsenat ofl the
County. All correspondence authorizing subaonitracrtingl musl raflranae The Bid'lerial
Numb en anc identify Thei jab pnojeat.
4.11.3 Re SubccnUaatar's Bate fbr tha jab shall viol exaeisd Thal afllha Prime Ccntcaclov's rata,
as b id in the prising sealian, unless tha Prime ClontraKitar is willing)) la absorb any Fghen
nades. The Suibaoritraalor's inivaiaci shall bei invaiacid dinaatly to thea Primci Ccntnlcatar,
wha in turn stall plass-through thea aosls to ite Caunty, withaul mark-uF1. A copy oflthe
Suit aanah aailor's invoice must acaamFlam}l thea Priv e C antracatar's invaiaei.
4.18 AMENDUEI� T51:
All atraeridmenis to this Conttlacl shall be in whiting anc aplpravcd/siglned by bath par-ies. 1V1ajicapla
Caunty Office of Pracuramcnl Serviaas shall be resplonsiliki fbn aplpravingf all atneindmenti fbn
Mar:iciapa Caunty.
4.19 ADD 11T11O1\ S/DELMICINS OF SDR VICE:
11 e C ounty reservas the right to add and/or delete sermiiceis 1 o a C onto ad. ]If 1 a service requineimanl
is celcated, Flaymant to the Ccrib adon wi1:1 be reduicad plrapartioniately, to the amaunt aflserviiac
reds: aeic in acaondancae with the Corbacol plricei. lfladciliana:I seniices ara requiirec filom a Ccanitlact,
prides fbr such adc ilians will be neigatia ted hatwietn the C ontraKatar avid 1Ihei Caunty.
� .a0 ACCESS TCI AND RE TEI� T11ON CIF RECORDS FCR TEM PURPC ISH CIF AUDlFIl AND IOM
CITHER RE VIEW:
4.2(1.1 Ir accordance with mclian MCI =1'Al ofl 1he Maricapa Caunty Ilrocmerrant Cade the
Conitractar agrees to retain all boaks, retards, accaurts, stadcimerts, reparts, files, ant
atllen retorts ant bacdd-uF1 cocaumenlaatiori reilevant to this Corti act far six ((, }curs after
final paymanl an until altar 1he rasalutioni ofIany audil quiesCorns which coulc be mora
than six (16) }tears, wh'citever its lalesl. T'hs Caurity, Iecenal on Stale aWitars and any
atller plemans dully authoriacid UN thei Departrrant sHall parvo full aacciss 10, anid tha righl to
axamiinei, coA1Y anc make use oft, anN and 411 said rrialenials.
4AUA Ifltha Coritractar's backs, records , aaaounts, stalemenls, replarls, files, acid ather retard'
anc back-up daaumcntatfan relevanil to this CaniraKit arra nal suffiaicant la suipplorl anc
datumenl tha ll requested services werci pray idad, the C antractar shall reiimburse 1Vlaricopla
C aunty fbn tha senv:ic ies nat sa adequately suplpertad anc d ocum ented.
SIER IAIII 18x11216 -SI
4.21 AUD:ITI D:19ALLCIWAIN CES:
If at anay lime it is delermined by 1he County] that a aeist fcua whiah payment has been made is a
c isallawuid casil, the Caun) shall notify the Ccntalacdora in writir g of tha cisallawanaa. The course
aft action to address 1ha c isallawEanacae shall be a1 stile discretion of the Ccau ty, and may incluc e
aither an acjuistulenrl do fAuiei invaiccis, raquieist fcrr credit, raqueal for a aheak on a deducationi filom
cumene invoices submittad bN the Cantlaaclora equal to thea amount aflthu cisallawancei, arta raquire
ruirrbursemaemat itrthwith of 1ha cisallawcid amount by the Ccntdaclora by, issuing a cbeclt paNatla
to Mwicapa C aunty.
4.212 VAIIDITIY:
The invalkit3, iri whole or in part, of any pravisian of this Contract shall not void ar affacl lhei
valiciN of any atherplrovisicn afhlhu Contrlacl.
Z.33 9EIVEIRAE HIM:
Thea rurrraval, in wholci or iri pan, of any provision of this Contract shall nart void ar affeicl the
validity) cif anN otherppiovisioni al this Conatract.
z .34 RIC IHTS IN DATA:
TE e C ourty shall Nave the uses oflc an a ant wiFlorts resu Ming filcam a C anUact withaunl add itionial cosil
car eitheir ncistriclicn uxacipil as may be cistablished bN law ar aplplicab] ei regulation. Bach Party sbal I
supplIN 10 the atheir Party, uplan requicist, any available infarmatian tb a1 is red evanl 10 a Ccanttad anc
10 tha Alenfcumaneei tbemciundar.
4.25 RE LATIIOr 9HIBS:
x.2151.1 In the Alenf irmancae oflthei surviicaes cascriibec herein, thu Conatraclori sba]I act saleIN as an
indapanidenl cor.itraalor, ant nothing beiruin ori impllicid herein shall al anN time be
ccnstnlcid as to ciivale thea relationship of umpl]aNur and urnploNua, ea-eimplloNee,
partnership, plrinciplad anc ageinl, ar jaiml vunturrei butwleeiri lhei County avid thu Canuacatw.
4.XIA T1 County resurves the right oflfinal approval ori ppaoploseid staff. Alsa, uplan raquast by
the C aunty, 1ha C antrlact(w will be reiquiircid to reimavu any empllayeeas working an C ounty
flrojcicts and substitute pcirsonneil based on thci discarcition aft the Caunty within twa
business c aNs, unless ppieiviausly applrowd bN lhei Caurty.
Z.36 NON-DISCRIMINA III OI` :
CONTR.AICTORI agreieas to carriply with all priovisior.is and ruquiirernenls of Arizona Exaculive
Cider X1091-CI9 inclucing flow cowr of all praovisions and rciquiirements ilo anN suibcanUactars.
Ercicutivci Cider JCIOSI-(19 superseic as ENecLtive orccr SISI -4 anc amcinids Execul ivu corder 751-5 Enc
n.aN be viawec and dawnlaaeec al the Cloverrior of thu S1arte cif) Arizama wabsile
bttp /ilazmemaryaalibrary �lovlodor/sur,,leillenvco]lecation/exacaordcirs/id/E8CVrealI which is bcmcitN
incarplorialed into this contract as if set forte it full herein. During 1ha perfornianice afltbis contract,
CONTRACTOR shall vial discriminate agairist anN errrp]oNcie, client or any, other individual in anpl
wary) because oflthal perscn's ages, riacci, creicid, calor, religion, sax, disability ar nalianal arigin.
4.217 19RADL 13CIYCOTT:
BIN, submitting this proAlosal the CcanUaclari eenifles that they, are in campl:ianaci wilh Article 9,
Arizona Revised 9tatulus Section 3`1-393 eil seq.
SERI AIu 18CII I16-51
4.28 CER TIFICATIICIN REGARDING DEBARMENT AND SUSPEINS:ICIN
4.28.1 TNe undarsigrlcad (jauthoriacad affiaia:l signirlg an beihailflaf thea Conatraallor, ciartifilcis to t1a
best of his ar hear knowdcadgle anc tcdicif� Thal lhei Cantrlaalor, it's aurranl offfacrs anc
c iracnl ors ;
4.28.1.1 asci niol plrasamly dabarned suispcncec, prapasac fbr dabarmanit, dacdarac
inciligiblca, or valunlanily axaluideid fram laing aiwancec arty cantrlaKit or gilani by
anN Unritad SIalas Ileplartmemat on Agancy civ any slata, ar laaal.jurisdicl:ion;
4.28.1.2 Nance nat within 3 -Naar plenicad praaeding the s C onatracat:
4.:I8.1.2.1 beacan aoniviclad cif filaud car any criminal afferisca in aonnciclian with
obtaining, attampling to obtain, an as ihca resuill of pcarf arming a
gcavcarnrrianit canl ity (Hac enal, 'State or :local) transaco ian or ciantrlacl;
and
4.28.1.2.2 tciam cionvidad cif -viclatian cif ainN Feidaral or Saga anilitn:st statues
or acrnvicitiarn fbn camhcazz:lemant� thafil, ldrgary, tr.'bary, falsifiaal:ion
or dastruatian aflveaards, making fllso staRamanls, or raacaii it g stalan
praparty regarding a glovearnmanl antityl trlansaatian on aarnaal;
4.28.:.2.3 aye niol prasant:ly inciatac or ariminal:ly aharglad by a gavernmcark
entity ijR&cmal, Slata cm :local' with cammissican aft any ariminal
offeniscas in aanneaican with attaining, attamplting to obtain, car as thea
ramit oftplcirfarming ai glavarnmanl artityl putt lie (Fadaral,'Slate or
laca:l,' tllansaKlt]OD or cantmit; and ara nat prasurfy %aingl any aiviI
changas fram anN gavcrnmantal enlityl ncaglarcirg attaining,
attempting la attain, ar fram paricarming anN acrymamantal cnlity
ccantdacl or athen trlansaatian; anc bavca moil wiithkt a 3-yaar plcar'ad
praae6ng this C antracat had any plublic trlansEK160EI f adaral,'State or
laaa:l; tarminatac for aausa ar dallaR lL
4.28.1.2.4 If any of the above airaumstanacis cesaribac in tha plaliagraplh are
aplp:liaab:la to the enality submitting a bid fbr this raquiireamaenat, inalucci
with Now bid an eaxplanartiani of tba maittar ina:ludirg any final
rens a luti an.
4.28.:1 Thu Corihlaa:lor stall inaluda, without madifcalian, this clausca in all ]awcar liar acavareid
tIansaKat:ionis (Le. tilansaalicans wiilh suiboonablacrlors: and in al] scalioitationis fav laweir tier
(mask transaationis ralatad to this Caniblaal. Ilfl lhis alauisca is arpliaable -lo a
sutaantraatar, tha Ccanuacrtan shall iralucea the infbrmartiani ruquiircad by lhis alausa with
th air b k.
4.251 VERRUCA TIIION RHGARDINGI COMF LINT CE )VI IF ARIZONA R13MISIED STATUTES §4 I -
44(I1 AND AEEERAII DAM GIRAfI11ION LAWS AND RHGULATIION 9:
x.39.1 BN cmlaringl inta thea C antraatl the Canblo atcs warrants acamp] ianae with tha Immigratan
and Naliana:lity Acct (INA using ci vcarify; and all other fcadaral immignitiori laws and
reguladioms relatec 110 tha immigrapian status of its empllcryacas and A.R.'S. §23-214(A). TI
aantraalon shall abuin statemianls fibro its srhoor.iblaalors carftir.ig oampllianaca and shall
Rmlsb thea statememrts to the PraaurameiU Clffilaen upan requasi. TBcasca wiasrant:icas shall
amnain in affecl llulouig;t thea tam of thci C antracri. Tha Cantracrlor anc its suibaantdaKatars
shall Elsa maintain Empl:loNmemrl Eligibility Marifiaatian fbrmis QI-9; as requi�mcl bN tha
lmmigalation Rafinn and Cantra:l Act of ISIM, as anaaraded fibm tine'lo time, fbr all
amplloNees parfbnnirg wionk under tha Cormlacl and vcarfy amploycKa cKrmp:lianca using the
E -verify sNstam and shall keep a reacard afl the vcarifiaatim fbn the duralian aft the
SHRRAIL 1MIX-9
emplayeo's emplaymenil ar all least -Ihrea years, whichever is ]onager. I-91 farms ace avari.lable
far download arl LISC IS.GCIV.
4.M.2I The Caunt) retains the leglal right to irispect aantdactar and subaondracrlar erre
da(urnenits plerfcrmingl work under this C antracrl la verify aarrrpaiamae wilh paragraph 4.:191.1
of this Sciotiori. Cantraclor ane suibaantraatar shall be givens neasanahlei riot:iae of the
Caunty's irtenit la insploct and shall make the cocumer.0 avadlaible al thea time and darle
spec led. Shauild tho Countysuspleal or firld hart lhei Cantraaloii ar any, oflirls suibcanUaicrtars
arca roil in aampEanae, tha C aunty will aonisker ibis a material biieach of tha coral and
may pursuKi any, and all romcid ies allowed bN law, including, but riot limited to: suspensiicin
of world lerrminatl Toni ofl thci C antract far c efuu ]t, and su sporisian ard/cir deb armcnl aft the
Cmtracrlor. All casts naaessaryl to verify aompllianaei are the respcinsibi it} all the
Canttactor.
4.30 CCINTIRACTCIR HMPLCIYTE WHIST1LBBLOWER RICHTS AND REQLIIREMI.1\TI TIO
WHORM EMPLOYEES OF WHISTLERHLOWER RIGHTS:
4.3(1.1 The Harties agilee that :This Ccntclaal and amploNees warkingl on this C anUaat will be
suibjaal to the wh:istlab.lower rights and reamed ies iri tl a pila-I piiogyarri an canWicdar
empllayaci whistleblower plcolealions cis-lablished art z 1 U.S.C. I z 71121 by sections 81:181 allthe
1`ationial Elefursci AUP. oriaaition Rail for Fiscal Yciar 21013 (Pub_ L. 112-139; anc seictioni
3.908 oflth i Federal Aaquri2ilian Regulation;
4.3(La Cor.tilaalor shall inform its empllcl in wri!lirig, in the prodamirarit laniguiaglo of thea
warklarae, of arrip.loyea whisticiblower rights and pra-lecrlicns under 41 U.S.C. 1 471121, cis
desaribec in sections 3.91081 allthe Hocenal Acquisitions Rcigulaticn. Llociumenlaitioni allsuaE
cimplayaa natificalian must be kepll an filei Ey Canrnaclar and capies provided -lo Caurty
uplan roqu ies 1.
4.30.3 Cantractor shah irisart the substance cif this a:lauisci, inaludirg ibis paragilaplh Inc,, in all
subcontracts aver th i 9impllifiec aaquiisiticin tMashalc II$115(1,(10(1 as of SepltamEer 3013 .
4.31 C ONTIRAC TIOBI LI CEIS SB RHQUIREME N T:
z.3I.1 Thei Resplonclenl shall plraawe all pcirm:its, insuuanae, :liacinsas and pail the ahargas avid
Ries neacissary and iriaidental 'la the lawful aancual of his/her business, and as necicissary
ciampllete any requircid aarliflaatiarn recluireimcinu, recluired bN any, ane all gavernmcntal
ar nan-gcivcrmriertal eintities as mains adcd to maintain eomplliancci wiilh and iri glocid
standing for all plormits aind/ar liconses. Tho Mcispancan:l shall Reepl fully infcrmed of
oxisling and future tilade an induistry requirements, Federal, Statd avid Laaal laws,
arcirianaos, and ragulalicns whiah iri any manrier affcicit thea fi :lfillmenl of a Candnlal and
shall aail with the saimo. CoritracRar shall immedialaIN rialify berth ClIll all
I iioam emend Scrviaes aird the using agleniay of any anc all changes eonceimir g plorm:its,
insurance or:licenseis.
z .32 . INFLUEN C E:
As plresaribed in MCI- I XI_I ofllhe Marieapa County Praeurameirt Cade, any ciffart to irifluenae an
empllayee ar agenl tea breach the N arieopla County Ethical C ada oflCanic uat cr any citbical aolil
mal bei grlaunds fon Elisbarmani ar Suspension unc er MC1-9(12.
A ni at ei ll 10 influenica incluidas, bull is nat limited Io:
z.32.1 A f ersoni affaring or pravic it gI a grltulity, gIift, tfpl, piiasent, d onial ian, money,
eni1ertainmad ar ocuicalianal plasseis ar licbels, an any type valuable conitribulicn or
sub sic y,
4.321.2 That is offcrcid ar givcin wilh the intent to influeincia ai ccicisiari, obtain a aantrlaicd, garner
faivaraib:le ttuatmenl, ar gaiin favarable eonisic eiialian cif anN kir d.
SFRLA'IL 181012E-5
]fl a Herrsari attempts llo influarca ari ampllayeici or ageint ofl Mariaapai Caurity, the Chial
Pnaauremeinl Offiacm, or his cesigrlpe, neservcis the rigllt to seek ar.iy remedl pnoyidcid bN the
Mariaopla County Hroauicimerit Cade, any nemeicy in equity or in tha law, or army rcimcidN proyidcrd
ty th*s aondrai
4.33 CI11ASE1I NOR DAMAGES:
In acd:itiari la all othar rcrmcrdies al Lam ori Equity, the Caurity mq offs el filonr anN manal dura 1a
the Corltllaolor any amounts Canhlaclan awcis ilo 1He Caunty fan damargas reselling from breact or
c eficrier.icicis in plerforrriarice ofltha Ca iacit.
4.34 C ONE IDENTIIAIIl11TY:
Irl the aowscr of the solfaitaricrn praaess, thci County miry disclose iriforn anlicrn that is plroplricrtaryl or
aonficlunlia.l. BN sutmitirgl a plroplosa to then scdiaiialiori, the affdrrcrr agilees that, exaepl as
nieacrssary to pneplare ai reispansa to this saliailatfan, naithcm ii nor itsl agerits cur emp.loNeas will
aommun:iaade, divulple ori cissaminarta to ary thud-plarty-persons or ernlilieis, ary irfcirmartiori tial is
ciscilascrd 110 it bN thci Caunt) during Ile courser cif thascr discussions without the express wr.'ttem
arulherrizar ian afl thci C aurity. III the off(rror does c isalasa County plaoplrielary an aanfidemrtial
infdrmatiani 90 ar third party in ppurlaring a iiesplorisci la this saliailalion, :it shadl requirci thci third
part) to aaknawlecge and aompllN wiith th's plroyision.
4.35 PUBLIC RDC ORDS:
Urideir Arizona larw, all bids sut niittad and aplcincrd aia pu blia neacmds and niusil t o rclainec tl y the
Reaands Mana€ler art the Clfflaa of Pracuramcinl Heirviices. Clffcirs stall to opleri la public insplacrlian
anc capNing aifllcir Contract awiaid am exeautiari, exaeplt for suiah Hics or secilicrns ttlereaf
calurmircrd to aantair prapriertaryl cur confidanilia information bN the Officci of Procurement
Seirviacis. 11 a Hiddar bcrliciveis than irforinatian iri ils tic ov any nesuilling Canuacil sboud not be
releaserd in nesplorise la a plutlia rcicard raquasl under Ar'zana law, tbci bidcen shall indiaarte the
specific informai dcienrec aonfidcnilia:l an pnapiriarary and submit a stalcirriard watt its bid
denlailirg the reasons that IHe infarmal:ioni sflauld nat be cisalascrd. Huah reasons shall includa Ila
splaciflc harm ov plrcijuidice whiat ma] arisci filom discilasure.
4.3E UNIFORM AEMINIISTIRAiliRE(;UEREMF.NTIS:
By crnitaringl irrta this Cantrlacl the Coritractar agrees la comply will ail] appliaarbla plravisions afl
Tlil le �1, Suttitler A, ChaAllcirII, AARTI aa(I—UNIFCIRM ADMINIHTIRATIIUE R QU RDMEN TIS,
C CISTI GRIN CIALES, AND AUD ITI RHQUIREME NTIS AORI EIELIHRAL AWARDS acrnlairiec iri
TIil le :l C.11.11 § IN e,l seq.
4.31 GCMERNINCI LAA:
Tlhis Clantrauit stall bcr gavarnied bN thci lays of the slala ofl Arizona. Ven u fon arq acrtians or
lawisuils invaNirig this C.antracrt will be in Mariaapla County SupleAcir Calm or in thcr'Uniteic Slaters
Districrt Court far the Eistri d of Ariaana, sitting in PH erenix, Arizcrnar.
EXH11EII' l :I
TIO
COOPERATIVE! PURCHASING AGREEMENT
BETW DEN
TIHH TOWN OF FOUT TA IN HIIJLS
AND
RIOADSAFB TIRAFFIIC SYSTHMS INC.
ICHANGH ORDERS]
Seia fallowing planes.
Issue No. 7 — February 23rd, 2018
Legislative Overview
Today is the 27th day of the legislative session and the conclusion of 'crossover week,"
where bills successfully voted out of their chamber of origin are then referred to
committees in the opposite chamber.
To date, 284 of the 705 bills, resolutions, and memorials, filed in the House have been
sent to the Senate. Some bills are still in the pipeline, according to Speaker Mesnard,
but the vast majorities have been sent.
In the coming weeks, we will be monitoring budget discussion in the legislature as
debate begins on appropriations. We will be monitoring these discussions for any
potential impact on cities & towns, and we will continue to monitor existing bills as they
are assigned to new committees.
Statewide Cable Licensing
This week League staff participated in a stakeholder meeting on HB 2579; video
service; certificates of authority, sponsored by Rep. Jill Norgaard (R -Phoenix). This was
the first opportunity to discuss in depth the concerns regarding the legislation with both
the sponsor and the industry. The bill passed the House the same day as the
stakeholder meeting with a vote of 37-18.
The League presented a document that outlines the inconsistencies of the legislation
and highlights the issues, including that it removes protections for residential and
business subscribers such as maintaining a level or quality of video services provided by
the cable operator; requiring that a cable operator give a 30 -day prior notice to
customers of any changes in rates, programming, services or channel positions; and
requiring buildout of the network so that all residents and businesses will have access
to video services.
In addition, the bill contains provisions that would effectively remove local authority
over rights-of-way. It will shift the costs of some street repair, restoration and
undergrounding of facilities to the taxpayers who have already made investments to
maintain public streets and roads within their communities and should not have to bear
the costs associated with repairing and maintaining the integrity of the street system
that was diminished as a result of the cable operator's street cuts. The bill also does not
protect residents because there is no ability for local or state government to effectively
enforce the Cable Act provisions regulating cable operators.
We remain deeply concerned about having the time to adequately review and address
these issues, among many others, within the constraints of this legislative session and
do not understand the proponents' need to make this policy change without the
opportunity to grasp the potential consequences.
We look forward to seeing the industry's response to our concerns and have also
committed to working on this issue in the interim if we are unable to reach an
agreement this session.
Retirement; Assumed Rate of Return
Last week the Senate Finance Committee heard SB 1262; retirement; assumed rate of
return sponsored by Representative Warren Petersen (R -Gilbert). This bill would force
all plans under PSPRS administration — PSPRS, CORP, and EORP — to adjust their
assumed rate of return from the current 7.4% to approximately 4.7%.
Senator Petersen believes future market returns will fall well below 7.4% and lowering
the assumed rate of return would ensure the plan is meeting its expectations and
paying down the unfunded liabilities. However, most economists and actuaries believe a
diversified portfolio like that of PSPRS currently, has a reasonable expectation to meet
future return assumptions.
If this bill is enacted, the decrease in the assumed rate of return would result in an
approximately 27% increase in contribution rates, translating to $587 million per year
across the three plans. Of the $587 million in increased contributions, $292 million will
be absorbed by cities.
The League spoke in opposition to SB 1262, indicating the historical returns of PSPRS as
well as the future projected returns identified by actuaries and economists does not
support a reduction in the assumed rate of return. Despite the League's opposition the
bill passed through the Senate Finance Committee 4-2.
Occupational Licensing continued...
HB 2532 occupational regulation; municipalities; counties; prohibition, sponsored by
Rep. Kevin Payne (R -Peoria), passed out of the House by a vote of 34-22. The bill,
which creates a list of occupations that cities/towns cannot license, was amended to
delete most occupations, but left in 4 occupations: window washer, florist, interior
designer, and photographer. The bill now goes to the Senate.
SB 1404 occupational regulation; municipalities; counties, sponsored by Sen. Steve
Smith (R-Maricopa), also moved this week through the Rules Committee and Caucus
and is now awaiting placement on the COW calendar. This bill would preempt cities and
towns from adopting any new occupational licenses or fees.
Local occupational licensing has been an effective and efficient tool for managing local
public safety and consumer protection issues. It has not created barriers to business
but has helped keep regulation limited and responsive to local needs. In fact, no one
has testified that local licensing has been cause for concern for any business interests in
Arizona.
Neither bill solves an existing problem and both are unnecessary. The League will
continue to oppose both bills as they move through the process, and we ask you to
request that your legislators vote no.
Post -Traumatic Stress Disorders; Presumption
On Friday, February 16 a stakeholder meeting was held to discuss concerns and
alternative options for HB 2501; PTSD; workers' compensation; presumption sponsored
by Representative Paul Boyer (R -Phoenix). The League offered a proposal that
continues to be reviewed by the participants. This week HB 2501 was voted out of the
House 57-2-1.
The passed language in HB2501: 1) extends the time to file a workers' compensation
claim by tolling the deadline to one year after the last counseling session, 2) creates a
presumption of PTSD for the public safety employee unless the employer can prove
through a preponderance of evidence the employee's job did not create the PTSD, 3)
prohibits the employer from requesting an Independent Medical Exam (IME), 4)
increases the number of visits from a minimum of 12 to a total of 48 visits (an
additional 36), 5) and requires the employer to pay 100% of the employee's salary
during the period of visits if the counselor says the employee is unfit for duty.
The League had calculated cost for the PTSD program at approximately $86M per year
for all employers under PSPRS and CORP. After a fiscal note was requested by a House
member the Joint Legislative Budget Committee (JLBC) released their projections
indicating the cost to the state would range between $1.8-17.5 million per year with the
cost to local governments ranging between $9.7-90 million per year, based on the
number of public safety employees who utilize the program.
We continue to participate in discussions and negotiations on HB2501 as the bill
continues through the process in the Senate.
Real Estate Signs; Cities; Counties
This week the House of Representatives considered HB 2500; real estate signs; cities;
counties sponsored by Representative Travis Grantham (R -Gilbert). The language in HB
2500 requires counties and cities to allow real estate signs in the right of way.
The League has voiced opposition to the bill. Since the US Supreme Court decision in
Reed vs. the Town of Gilbert, cities and towns are prohibited from adopting any
content -related ordinances with respect to temporary signs. In other words, we are now
required to treat all temporary signs the same.
Temporary signage is a topic that generates many complaints from our residents. If
cities and towns are statutorily required to give special treatment to one industry, then
temporary signage from all industries would have to be allowed — leading to a huge
increase of signage in the right of way. Therefore, we are very wary of any legislation
that will lead to the proliferation of signs.
The bill was voted out of House Third Read 39-20 on Wednesday and is headed to the
Senate. Please contact your Senators to let them know about the concerns you have
with this bill.
Legislative Bill Monitoring
Due to changes on the legislature's website this year, you will need to take an extra
step to see the details of each bill. To see the bills we are tracking, go to the League's
Legislative Bill Monitoring (LBM) page. To see our position and a brief summary, click
on the bill number. In the new page, click on the bill number to be redirected to the
legislative web site where you can enter the bill number to see all its current status,
versions and vote count.
PUPLEGISL
( WWWAZLEAGUEORG BULLETrIN
Issue No. 8 — March 2nd, 2018
Legislative Overview
Today marks the 54th day of session and this week staff at the League have been
engaged in a number of stakeholder meetings and meeting with legislators on bills
impacting city and town government.
Action in the legislature continued this week at a moderate pace, with most of the
activity occurring in standing committees. Floor and committee activity will increase in
the coming weeks as the legislature works to take action on bills before deadlines pass.
While budget discussions have continued, the introduction of a budget package has yet
to occur.
Digital Goods and Services
SB 1392 and HB 2479, TPT; digital goods and services, sponsored by Sen. David
Farnsworth (R -Mesa) and Rep. Michelle Ugenti-Rita (R -Scottsdale) respectively, are the
companion bills that emerged from the interim committee on Digital Goods and
Services.
The intent is to draw a line between "pre -written software" and "specified digital goods"
(books, music, movies, etc.) that are 'transferred electronically" meaning wholly
downloaded or saved in some manner by the user and thus are considered taxable,
versus the same items that are "remotely accessed" over the Internet ("in the cloud")
without downloading a complete copy and thus are defined as exempt "specified digital
services." To accomplish this, the bill creates at least eight new exemptions for
transactions that have been held taxable for decades.
On Wednesday of this week, despite our best efforts, HB 2479 was approved in the
House Committee of the Whole and passed on Third Read by a vote of 39-19.
However, when the companion bill SB 1392 was scheduled for floor action in the Senate
Committee of the Whole, it was retained on the calendar. This was due to the many
phone calls and messages from cities and towns to their legislators as well as the
completion of a fiscal note by the Joint Legislative Budget Committee. That fiscal note
confirmed our misgivings about the bill including the new exemptions we identified and
cost to state and local governments.
The current analysis by League staff on the fiscal impact to cities and towns shows an
estimated loss of approximately $48 million in the first year, and increasing losses each
year thereafter as more and more products are delivered digitally. Since the early
1990s, sales of digital goods have been considered taxable under the Retail
classification because software files consist of data that is measurable in kilobytes,
megabytes, gigabytes, etc.
The U.S. Supreme Court has accepted a case from South Dakota that could potentially
overturn the Quill decision from 1992. This would change the requirements establishing
"nexus" and taxing authority, particularly with regard to out -of -State sellers such as
those on the Internet. It is widely believed the court accepted the case in order to
modernize the Quill decision and broaden the taxability of retail products sold online.
It is imperative that we keep up our efforts to educate legislators about the true
negative impacts of this dramatic policy change.
COX Statewide Cable License
The stakeholder process for HB2579 video service; certificates of authority, continues
with Cox Communications but with no agreement as of yet. It is sponsored by Rep. Jill
Norgaard (R -Phoenix). The bill as introduced would allow incumbent and competitive
video and Internet providers, such as Cox, Comcast and CenturyLink, to obtain a more
corporate -friendly statewide license agreement from the Secretary of State and
completely abandon their existing agreements with cities and towns that were
negotiated in good faith to protect rights-of-way, consumers and taxpayers. The bill has
a double committee assignment in the Senate and we hope this allows more time for a
thorough vetting of the bill to ensure it works for consumers who use these services
and for taxpayers who do not.
Cable licensing at the local level has been the standard for the entire existence of cable
TV, for more than 50 years. Yet, in a few weeks, Cox is trying to completely undo that
system, one that has worked well for consumers. Cox has claimed that local license
agreements impede competition and consumer choice. We believe competition is good
and our existing license agreements encourage competitor providers to deploy their
technology and services into our communities to benefit our residents. There are no
existing federal, state or municipal laws that prevent competition; if a competitor wants
to enter into the market today, all they have to do is ask. No legislation or government
entity can force competition to occur. This decision is entirely up to the industry to
decide whether or not it is worthwhile to invest in our communities to compete in the
cable TV or Internet market. The cable industry is seeing more competition from
satellite and video streaming services.
The experience in other states that have adopted statewide franchise/license laws
similar to HB2579 is very significant and it is clear that it did not live up to expectations.
The proponents of these measures claimed that more competition, lower prices, and
increased customer satisfaction would be achieved by deregulating the video market,
much like what HB2579 seeks to do. However, it is abundantly clear that these
expectations were not achieved. In fact, customer satisfaction is at all-time lows, prices
increased substantially soon after legislation was adopted and customer complaints
have increased considerably. We believe HB2579 will have the same outcome in Arizona
due to the fact that there is no delegation of oversight of these companies to ensure
they are following FCC customer service standards. In addition, the bill will not protect
taxpayers because there are provisions that would shift some costs of street repair,
restoration and undergrounding of cable facilities to the city. As a result, all taxpayers
would pay to repair street damage caused by cable companies, even those that do not
subscribe to their services.
Please contact your Senators to explain the damaging impacts of this legislation and
request a more thorough stakeholder process be conducted to ensure this bill will not
negatively impact consumers and taxpayers.
Zoning; Private Schools
This week HB 2461 zoning regulations; private schools, sponsored by Rep. Vince Leach
(R -Tucson), passed out of the Senate Education Committee on a 4-3 vote. This bill
would prohibit counties and municipalities from adopting land use regulations or
imposing conditions for building or use permits on private schools that are not enforced
or imposed on charter schools.
Traditional public schools do not go through a city zoning process. However, they are
typically included as part of larger developments and do go through a public process at
the school board level. This local governing body is positioned to hear concerns from
adjacent neighborhoods and can work to mitigate any negative impacts (for example,
lights from sports fields, traffic from buses and parents dropping off students, etc.) the
school could create.
Several years ago, the statutes were modified to give charter schools this same
treatment. Unfortunately, since these schools no longer go through a zoning process,
there is no opportunity for neighbors to weigh in with their concerns or have a process
to resolve conflicts with other land uses. Consequently, some problems have occurred.
HB 2461 would extend this same statutory exemption from the zoning process to
private schools. While there has been an ongoing debate in Arizona over educational
opportunities provided by traditional public schools, charter public schools and private
schools, that is not our concern with this bill. Rather, it is the impact on neighborhoods
because residents will no longer have a place to register their concerns prior to the
development of a private school or have any recourse to address conditions that are
created that are not compatible with the adjacent land uses.
Please contact your legislators to let them know that you are believe that
neighborhoods should have the chance to be heard when it comes to what is being built
next to them and to ask them to vote no on this bill when it comes to the Senate floor
unless these concerns are addressed.
Vehicle Fees; Alternative Fuel VLT/HURF
Distribution; Cities, Towns, Counties
This session, in the House and Senate, the Legislature has considered companion bills
addressing the continuous sweeps of HURF to fund the Department of Public Safety
(DPS). HB2166 and SB1146; vehicle fees; alternative fuel VLT, sponsored by
Representative Noel Campbell (R -Prescott) and Senator Bob Worsley (R -Mesa)
respectively attempt to address HURF sweeps and adequately fund DPS.
The amended provisions of these companion bills require the annual collection of a
highway safety fee with the vehicle registration application. The highway safety fee
funds will be deposited into the Arizona Highway Patrol Fund and the fee must be
sufficient to fund 110% of DPS highway patrol budget for each fiscal year.
Additionally, the bills require the Director of the Arizona Department of Transportation
(ADOT) to set a percentage by which they'll charge a vehicle license tax (VLT) to
owners of alternative fuel vehicles beginning January 1, 2020. Finally, the bill continues
to exempt a VLT for alternative vehicles with a gross weight of greater than 10,000
pounds (tractor trailers, etc.).
On February 20, 2018 HB2166 was approved in the House 35-24-1 and was transferred
to the Senate where it has not been assigned. SB1146 was approved in Committee of
the Whole on February 22, 2018 with identical amendments to those adopted in the
House; however, this bill has not appeared for a full vote in the Senate.
The League signed in support of these bills as we see it as an effort to address sweeps
from HURF that have been taking place since 1982.
On a similar topic, HB2514; HURF distributions; cities, owns, counties is sponsored by
Representative David Cook (R -Florence, Coolidge, Globe, Casa Grande) and passed the
House 36-20-4.
The amended language in HB2514 changes the distribution of HURF funds by directing
an initial $18M to rural counties and cities before calculating the additional funds based
on the traditional formula.
As mentioned in the February 16, 2018 bulletin, the League signed in and spoke in
opposition to HB2514 indicating we do not believe it is useful to pit rural cities versus
urban cities and rural counties versus urban counties. Rather, we believe the root cause
of the HURF funding problem is that the available pool of money is too small since the
gas tax has not been raised since 1991. The current gas tax of 18(, adjusted for
inflation, is 33( in today's dollars.
Additionally, the League identified that while the purchasing power of the pool of HURF
funds continues to decline, the state has swept HURF funds every year since 1982 to
fund the portions of the budget because DPS does not have a dedicated funding
source. Since 2001 the state has swept $1.113 from HURF resulting in degrading roads
and fewer road projects.
We believe our time is better suited addressing the lack of overall funds in HURF and
finding DPS a dedicated funding source, and HB2166 and SB1146 address one of those
two issues. We encourage you to reach out to your legislators to ensure the Senate
adopts the House version of the bill and vote on H132166.
ASRS; Nonparticipating employers
This past week the Senate considered S131054; ASRS; nonparticipating employers
sponsored by Senator Karen Fann (R -Prescott). This bill attempts to close a previously
uncontemplated loophole whereby employers who were removed from the Arizona
State Retirement System (ASRS) through legislative action but remained a public
employer would not have to pay their portion of their accrued pension liabilities.
In 2012, after the conversion of State Compensation Fund, Arizona — a public entity —
to CopperPoint — a private entity — Senator Steve Yarbrough (R -Chandler) sponsored
SB1194 requiring an entity that converted from public to private pay their portion of the
accrued unfunded liabilities. In recent years certain public employers have discussed
pursuing future legislation to remove them from the ASRS so that they can operate
"more like a business."
In light of these discussions, the ASRS approached the legislature seeking protection in
statute whereby if a public employer were to be removed from the pension system the
ASRS would be able to charge that employer, on an annual basis, their portion of that
year's unfunded liability. The League signed in and spoke in support of SB1054 because
the language ensures that the millions of dollars in accrued liabilities from an extracted
employer are not transferred to the contribution rates of remaining employees and
employers (cities, towns, counties, school districts, State, etc.) in the retirement
system.
This bill was heard in Senate Finance on February 11, 2018 and passed with a 6-1 vote.
On February 28, 2018 the full chamber voted on the bill passing it 29-1.
Sober Living Homes
SB 1465 and HB 2529 sober living homes; certification, sponsored by Sen. Kate Brophy -
McGee (R -Phoenix) and Rep. Noel Campbell (R -Prescott), respectively, would establish
a state-wide licensing system for sober living homes.
While discussions are still ongoing, the basic principle of both bills is that a//sober living
homes would be required to be licensed going forward. The standards for licensure
would be developed by the Arizona Department of Health Services (DHS), with input
from the public and other stakeholders, but would largely mirror national standards in
place in other states. Furthermore, DHS would have the authority to shut down or take
legal action against sober homes that did not comply.
Last year at the Annual Conference the League's full membership adopted a resolution
to advance legislation to protect neighborhoods and sober living home residents from
poorly -run, unregulated sober homes. Recognizing that the opioid epidemic has created
an unprecedented demand for substance abuse recovery housing and that this
environment has unfortunately been used by some to exploit those in recovery, the
League along with several of our cities, DHS, the Arizona Recovery Housing Association,
and other stakeholders have been working with Senator Brophy -McGee and Rep.
Campbell on a statewide legislative solution.
In terms of process, both bills have steadily advanced and are awaiting further action
while the final terms of the legislation are decided. The timeline will depend on how
quickly discussions are wrapped up but we expect movement in the coming weeks.
On a related note, SB 1451 patient referral inducements; prohibited compensation,
sponsored by Sen. Nancy Barto (R -Phoenix) passed out of the Senate this week. This
bill would prohibit the "brokering" of substance abuse patients amongst sober homes
and other substance abuse treatment providers. Patient brokering, like unregulated
sober living homes, has been a nationwide problem and the League supports
addressing both issues proactively at the state level.
The League will continue to work with legislators and other stakeholders to develop the
best policies for dealing with these issues and will provide updates as these particular
bills move through the process. If you have specific questions or comments related to
these bills or the issue in general please contact Legislative Associate Alex Vidal
(avidal@azleague.org).
Legislative Bill Monitoring
Our Legislative Bill Monitoring system has been upgraded! The issue with linking directly
to a specific bill's information page on the Arizona Legislature website has been
resolved. We have also implemented a self -updating list through Arizona Capitol
Reports, providing you with the most up-to-date information possible!
Click here to browse through our Legislative Bill Monitoring page!