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o 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. 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. 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 ountainhillslDEVEUOPFAENT Ckwv,A 1111;./,, retail strategies 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 ve Team Marketing Research Accounti ng 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 `I �n06Pfl�fi6s��do0�0�� nation . Prepared for Fountain Hills—AZ by Retail Strategies Your Research Memberships, Subscriptions & Customized Reports Crittenden Research /?L T RETAIL LEASE TRA C Plaini%v.hall =tN 9 N UberKetail Prepared for Fountain Hills—AZ by Retail Strategies 0 Research Partners & Geographic Information Systems TETRAD > Sitewise STDB REG'S online where does all this information come from? here are the demographic data sources used 10 UNITED STATES POsr41- SERvrcr °V LA[314 ; i r �11;�� of TPAASo q ps Cti SjarEs ©F'�`� AGS APPLIED GEOGRAPHIC 541-urION IS :W BEA 0W&A BUREAU OF ECONOMIC ANALYSIS 1- S.IIrl-ARIMIFNl OFCOMM:RCI *i1es NATIONAL CENTER For: EDUCATION STATISTICS �CffIEC dela al 1enwc �XA SYNERGOS TECH N01 -01i INC- gAggData - United States`" Census Bureau Centers for Disease Control and Prevention National Center for Health Statistics MPEDS Inmgrated P-teecondery Edeca®an Data System 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. F•� 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 (E- 0 U Fart Nc:Do% /a E Y aveTisi Rd C� E Hil 15 ide: Rd efq'm �' IPv Sr 0 4 71 d _ Pa Golf ClLjb@ I� Fort McDowell Casino Q 1�4 peeks e 9�w r� 8 m Residential Population Dan -airy . I dot=144 Daytime Employee Population Density . I dot=144 Median Household Income 25.444.44-154.444.44 150,000 00-175,004.04 175.00044-11100,00000 $144.004.04.1'150,404 00 - $150,000.00 City Boundary E3city Boundary Fountain Hills, AZ E33 Mt E35 Mi Fountain Hills, AZ 5 min 10 min 5 min �D NF ,d.- 8—d 10..d Prepared for Fountain Hills—AZ by Retail Strategies S rni 0 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. rauau�i x 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 LUW r rp d ro,. SI�LLYPEAUTY _ 3. tM�`a ACE j� ivs.I rrF r warrzgn WAY, TAPIC 'r Ipba, A r... bealls Dari iia 1 <mpU�ES petcOAL � Y 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 ' wry, v WAV iR1'M t s i SALLY46AlTI,j ,� �9 AC Gr=,IS IL r�- r_ T•+ . "f ti "a. . t - •� _f 7r�.Y5; r.urr. H -v 6� y easrrrn� beans NUMI petcgx 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 e an�r Pl,z•? SA ACA - nfain1jE llA� 'IAL VI ( VILLYa `ILa9 Searz Slip C"", — SunRldge+vanyon rTOWN E 4 Goi£CIo6 yo - ��,:;d G r.a awd Fa,ant Huls u oc•. �Fausa FlvsirFo, = O EL PRIME clamF.I�'suiilain Park - y3n CUESTA ACRES ,dN4 r °'a Dr QUAIL RUN CONDOMINIUMS �i pM er 'V r� Plaaa "4y� Esunrw .:�o, Lsa LiONSGATE .ce aw 'RESTVIEW AT — WESTRIDQE 4' exnnF. a IUNTAIN HILLS = VILLAGE k'G' PALATIAL ESTATES rya Or ` tShca nma f;N,ckia,�,o LITTLE FOUNTAIN ems.g,vd �'e ER7 ,d _ a�,ry CONDRO SQMY NIUMS g�yy nzw CLEAR AIRE F1 WA K S PLAZA _._,N� E4ana FLzeer o, aro.x.' .'�F INT FIREROCK "'1 c ��o CPF C RR�,,A,�S 4[�"TE'riCE tR C� L R1 L Mohs a r ? WE -Ka -Pa Gal( Mb 0 Fort McDowell Cas3nu„ 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 r °a S yott�a Cooper, CE0 ;�i axoOpeF�lh:az.gOv •:r° 166706 6. 1106 E. urn HIM Erar-mb Qelebpmetl Maxle dlha Fm-mbs I❑ahtrH.hdts L_.:._. Fp-pin Hfe,.62 36266 4MIA6.51040) 4W414,551 V (n) F—W,ki1507.ag Major Employers Company dame Fm.IMan l9ery V SC D—. C ezcIDp, LLC. Ru -I Meta Ltfr.Paabm Target hues Inc nn- L nny 0. We Frye Prod Si D& Moamsln o C h UC .Sslznay SSnes 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 • F -main Hi16•as monad by FRnenb Map—the pl—to Me In 116 tln Vallsyd tln Sim aria wes. cYM ae Y wdaonm FIs m tie a�Mdsd a 1b.• 114 • Lr4a Febamy20C9 edIGm, them Sn—a-W Fina nH16ethe'6ea 117 1G6 At1-deble 9—b. .A—. 100 • r.4lmNel11iPmcem 9erta dmnem-MIS 96 • Mm�_3rd bestwWrh In Ph— -N115 70 • 7'ppe_7op —I. A2-2)16 70 . Erpe -Haman Fa IbW His as are of the r beallftdG Int =mhy 70 5 Mie -b 03 10 A.A. Or Daytime Population 23,276 ,r• �.a_ a • Nry ahrlb lmpra-he WMftm fMb►9111nthe wed, f-p4me d�he-a--•aafer,111p xulpWro m Ma- •nfa hw m -.-ode i&Pa Thef ntiln,drt4an by Gres 600 In—p74n babinepimnK WW tiasler A. ** d 7.4001.8 gei P. mlr•rGe. With a0 Wee PRPP nmin% dpbwab-e4MemOreetMbe�d TheFmr141nwaead6b1974aM n,-ame wws eilaatb-dao a ne«d 4 hale r4n arar a'-----. • F4mtlln 1Yb we tl@�ral by CTedee Wmd, lr., dn�entl Qmryiand b Salem pY6mn. • Faarm 1411, Is hone bar -100p— d p&kly WplyW slM,ak —W—g bdawnbwn.e W -@tea hW1rv. • Fowo HYG r❑sefm aldf —W rhenle®4ng 4y p-" la the Sgbd Arpx-. Demographics naw..s¢w.a..1 + �. $ Pag9iien krerage Age Houmi Inaonre (Median) 6ross4h Rals N-1 M.—hdda Hol-ehdd I— CN—W) 26,918 50.0 $78,094 7.56% 12,050 $111,353 D .. Prepared for Fountain Hills—AZ by Retail Strategies FOUNTAIN HILLS, ARIZONA Market Guide '41��rt w. •.1 Ss+eedala N.M,r.rM� IF) --- :T -- - Ma.M_ QEMOORAPHE PROHIE 3Mila Radice Steib Reda- 10161.R-6- 201760meeedPaFuai 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• ... � zaa�7aeatal Discover Connect 10 Focus a TOI 0004eA 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 .BEA BUREAU OF ECONOMIC ANALYSIS *ies i NATIONAL CENTER roa EDUCATION STATISTICS Federal F,1v ad Imletafi— IF Wwae� —C �XA 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 0 Fort McDo% EavnPai Fd ;4e IIE [Jjli,,de RU We- Pa Golf Club@ Fori McD owel I Casino 0 307 m 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.. P.Sseiy. r4.YiW Lar RJ} I YtxnryJ r« J 5L. FnsfaP• 1>s Yxln x ary_P•.. A YLW�ii�+Yi p Y P I�i �T c 11Pl I� J� iA}4M7 J= J� 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 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: $78,656 OPPORTUNITIES • Significant Retail Leakage • Plot 208 — Repurpose • Park Place... WEAKNESSES •High % of non primary residences (seasonality) •Very few peer markets •Functional Obsolescence Retail Product •Retail Trade Bifurcation •Topography T H R EATS • Consolidation of national retailers with other locations at Shea & 101 and/or Frank Lloyd Wright Blvd as leases expire • Over -levered property owners • Anticipated rising interest rates -ale M Real Estate Analysis Purpose To identify and record the primary real estate opportunities within the market. This analysis is performed by licensed real estate professionals with more than 15 years of experience with development, leasing, and redevelopment. Prepared for Fountain Hills—AZ by Retail Strategies Information Collected Address Property Description Coordinates Listing Agent (if possible) Contact Info for Agent or Owner Web Address for Agent or Owner Link to Property Info on Agent or Owner's Website Google Earth Link to Aerial Photo Google Earth Link to Ground Photo Total Size of Center (if existing) Available Space in Center Parcel Size (if vacant land) Existing Tenants (if existing) Traffic Count at Property Summary of Recruitment Opportunities Specific to Property Specific Prospects for Property Overall Strategy for Property General Comments Real Estate Analysis: Retail Focus Zones r �; Tt" ` V,. • � F !� a tA TZ F" - � may► ..r � .� ra _ p� .. Ksp'Yl� -IYs .a - Y I' _ _ fes. 41 `- *,��14f � _.�� ��*�,." �+ - - � •-,i3� Wi' ; `! 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Al,—D9 C, 20 Real Estate Analysis: I m 4 Focus Zones { r—r r r ra r r --re--__' ! lr �, _ -• � 1_ {r —1 { + 7��N"'r P �i•� \ ,:. }.ter •,� � � 'A �" { � mww-■unru y 7 p .4 04 r \Y!+ — •__t. � �• s.�. � ` ,�118#fy luk,i- �'- �i�t"1 r E rrucic O 4. 7037®Ig,IAIGIW`CNE$?7011)DI■ Ilylwn Lid— p4 G 7017 M.—IC Cwp,,.I 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 O `L Id� E P ',r T udfiinl •`.E A L yyn�` Eco pe VI. VILLV+PaSI La� sears sa PC – s. SunRldge Canyon TOWN • �a��r� Golf Club® �,Nd FF�r,ayo s+�n arsn x oeze�P rt [t"",y �rza e,a.F Fount Hlc�s • Q. Pou.,'rz;n� �y alaza Park Ai�iUfliain EL PRIME y CUESTA ACRE S 'Ma4r�z,FJ.zn emld�r� 5`'a . QUAIL RUN IIS o CONDOMS NIUMS `& cnaneor �,� Eniern sura c Pu45 r'M �'r L ry'�✓�r NS,� PNzh hPM1 ar .1 E � EM�ere �Gr }tc "� SE u a �<. fr ar�lanr q LIONSGATE 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. PLAZAN=m—d E Lazer fn aro hX--"INT FIREROCK „H'""is� .. CP�cAR,(nr�S F, C0 "'E�tCE BO'H rr.ni sr t:e�fR 0 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 - Vaflq athe Svn sra.aa as'a weleo:im FIs an p�eaaklmda F.man Vlae V3N 116 may. H... —g, -LG 114 NJb 'l edlGon, tierriagait¢le —d Fvxnain HIIIsiM'& 1. Raral Me ccrpmhon 7argat8mreslns 111 163 Alk.Wa Suwrb"...A—. 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 F�shbunian GArCLhLL 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 •rabrarimbd7,04648pua pxmints.Wftalfusspumperunning f+elnu.6Nn resehm �Obn r. ne+ga. 7w Feuyalnxues sum r, 1974 a�a k aeskle vadd§plkkarxardd HeW in Desna deeeda. • Founbb 1�e x a dm1� Irl I91ads9 Wend, b., dre�ee of tlr WIeM In 3mtlie.n C411o.nLL • 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 ..,•. 4es'a k,xuw• �' ZtA4a17214M1 omi. m Discover Connect 10 Focus a TOI 00C1*4 0 P UT 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 I ti ABANDON r,-____-P.U.E. & D.E. = 1,3'04r56u R 275.00' L = 62.79` LOT 7 I s 0 15' 3o, mm%mwi SCALE: 1" = 34' DATE: 2-12-18 Lo SSD LAND S, %CATF C 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 Special Events Equipment Rentals https://www.suroriseaz.gov/bids.aspx SURPRISE ARIZONA SECTION 3 TERMS AND CONDITIONS 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 Special Events Equipment Rentals https://www.surpriseaz.gov/bids.aspx SURPRISE ARIZONA SECTION 3 TERMS AND CONDITIONS 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 Special Events Equipment Rentals https://www.surpriseaz.gov/bids.aspx SECTION 3 SURPRISE ARIZONA TERMS AND CONDITIONS 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. Solicitation No: RFP 318000002 Available online at Page 17 of 24 Special Events Equipment Rentals https://www.surpriseaz.gov/bids.aspx SECTION 3 SURPRISE ARI Z0 NA TERMS AND CONDITIONS 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 Solicitation No: RFP 318000002 Available online at Page 18 of 24 Special Events Equipment Rentals https://www.surpriseaz.gov/bids.aspx .rl4.h SURPRISE ARIZONA SECTION 3 TERMS AND CONDITIONS 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 Special Events Equipment Rentals https://www.surpriseaz.gov/bids.aspx SURPRISE ARIZONA SECTION 3 TERMS AND CONDITIONS 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; Solicitation No: RFP 318000002 Available online at Page 20 of 24 Special Events Equipment Rentals https://www.surpriseaz.gov/bids.aspx SECTION 3 SURPRISE ARIZONA TERMS AND CONDITIONS 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. Solicitation No: RFP 318000002 Available online at Page 21 of 24 Special Events Equipment Rentals https://www.surpriseaz.gov/bids.aspx SECTION 3 SURPRISE ARIZONA TERMS AND CONDITIONS 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. Solicitation No: RFP 318000002 Available online at Page 22 of 24 Special Events Equipment Rentals https://www.surpriseaz.gov/bids.aspx SECTION 3 SURPRISE A R I Z 0 N A TERMS AND CONDITIONS 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. Solicitation No: RFP 318000002 Available online at Page 23 of 24 Special Events Equipment Rentals https://www.surpriseaz.gov/bids.aspx SECTION 3 SURPRISE ARIZONA TERMS AND CONDITIONS 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 Solicitation No: RFP 318000002 Available online at Page 24 of 24 Special Events Equipment Rentals https://www.surpriseaz.gov/bids.aspx SURPRISE ARIZONA 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• F a U 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!