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HomeMy WebLinkAbout2020.0317.TCRM.Packet       NOTICE OF MEETING REGULAR MEETING FOUNTAIN HILLS TOWN COUNCIL *A M E N D E D      Mayor Ginny Dickey Vice Mayor Mike Scharnow Councilmember Dennis Brown Councilmember Sherry Leckrone Councilmember Alan Magazine Councilmember DavidSpelich Councilmember Art Tolis    TIME:5:30 P.M. – REGULAR MEETING WHEN:TUESDAY, MARCH 17, 2020 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.      REQUEST TO COMMENT The public is welcome to participate in Council meetings. TO SPEAK TO AN AGENDA ITEM , please complete a Request to Comment card, located in the back of the Council Chambers, and hand it to the Town Clerk prior to discussion of that item, if possible. Include the agenda item on which you wish to comment. Speakers will be allowed three contiguous minutes to address the Council. Verbal comments should be directed through the Presiding Officer and not to individual Councilmembers. TO COMMENT ON AN AGENDA ITEM IN WRITING ONLY, please complete a Request to Comment card, indicating it is a written comment, and check the box on whether you are FOR or AGAINST and agenda item, and hand it to the Town Clerk prior to discussion, if possible. REGULAR MEETING    REGULAR MEETING NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the Town Council, and to the general public, that at this meeting, the Town Council may vote to go into executive session, which will not be open to the public, for legal advice and discussion with the Town's attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S. §38-431.03(A)(3).        1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Dickey     2.MOMENT OF SILENCE     3.ROLL CALL – Mayor Dickey     4.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER     A.RECOGNITION of Outgoing Planning and Zoning Commissioner     5.SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS     6.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.     7.CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be enacted by one motion 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.     A.CONSIDERATION OF approving the meeting minutes of the Regular Meeting of March 3, 2020.     B.CONSIDERATION OF Resolution 2020-11, abandoning whatever right, title, or interest the Town has in the Hillside Protection Easement located at the rear of Diamante del Lago, Lot 88 (17212 E. Fontana Way) as recorded in Book 516, Page 17, records of Maricopa County, Arizona. (HPEA 2020-01)      Town Council Regular Meeting of March 17, 2020 2 of 4     C.CONSIDERATION OF Resolution 2020-12, abandoning whatever right, title, or interest the Town has in certain Hillside Protection Easement located at the rear of Diamante del Lago, Lot 89 (17216 E. Fontana Way), as recorded in Book 516, Page 17, records of Maricopa County, Arizona.  (HPEA 2020-02)     D.CONSIDERATION OF Resolution 2020-13, abandoning whatever right, title, or interest the Town has in the Hillside Protection Easement located at the rear of Diamante del Lago, Lot 51 (17235 E. Fontana Way), as recorded in Book 516, Page 17, records of Maricopa County, Arizona.     E.CONSIDERATION OF approving adjusting budget transfers for Downtown Development Fund and General Fund.     F.CONSIDERATION OF ratification of Town Council's approval of a new Special Event Liquor License application for the Fountain Hills Veterans Memorial for a beer garden in conjunction with the Irish Fountain Fest on March 14, 2020.     G.CONSIDERATION OF approving an Extension of Premises permit application for Skullenwink LLC dba Bone Haus Brewing for a large outdoor party with a band on March 21, 2020.     8.REGULAR AGENDA     A.CONSIDERATION OF Measures to Improve Traffic and Pedestrian Safety in Fountain Hills.  *REMOVED FROM AGENDA     B.CONSIDERATION OF Approving a Professional Services Agreement with GreenPlay, LLC, Contract No. 2020-055      C.CONSIDERATION OF Cooperative Purchasing Agreement Contract No. 2017-072.2, Second Amendment with Shade N Net of Arizona, Inc.     D.CONSIDERATION OF approving the Cooperative Purchase Agreement C2020-065 between M.R. Tanner Development & Construction, Inc. and the Town of Fountain Hills for Street Maintenance and Repair Services.     E.CONSIDERATION OF possible action regarding a formal expression of Council support for the Maricopa County Board of Supervisors' February 26, 2020 Resolution Declaring Maricopa County a "Second Amendment Preservation County."*REMOVED FROM AGENDA     F.DISCUSSION WITH POSSIBLE DIRECTION relating to any item included in the League of Arizona Cities and Towns’ weekly Legislative Bulletin(s) or relating to any action proposed or pending before the State Legislature. *REMOVED FROM AGENDA     9.COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER      Town Council Regular Meeting of March 17, 2020 3 of 4   Town Council Regular Meeting of March 17,2020 4 of 4 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. 10. ADJOURNMENT CERTIFICATE OF POSTING OF NOTICE The undersigned hereby certifies that a copy of the foregoing notice was duly posted in accordance with the statement filed by the Town Council with the Town Clerk. Dated this day of !C� ,��� 2r,�rra E izabeth . rke, MMC,Town CI k The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities.Please call 480-816-5199(voice)or 1-800-367-8939(TDD)48 hours prior to the meeting to request a reasonable accommodation to participate in the 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. ITEM 7. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/17/2020 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Administration Prepared by: Elizabeth A. Burke, Town Clerk Staff Contact Information: Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION OF  approving the meeting minutes of the Regular Meeting of March 3, 2020. Staff Summary (Background) The intent of approving meeting minutes is to ensure an accurate account of the discussion and action that took place at the meeting for archival purposes. Approved minutes are placed on the Town's website and maintained as permanent records in compliance with state law. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approving the minutes of the Regular Meeting of March 3, 2020. SUGGESTED MOTION MOVE to approve the minutes of the Regular Meeting of March 3, 2020. Attachments Minutes  Form Review Inbox Reviewed By Date Town Manager Grady E. Miller 03/05/2020 05:42 PM Form Started By: Elizabeth A. Burke Started On: 03/05/2020 01:01 PM Final Approval Date: 03/05/2020  TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL MARCH 3, 2020                  1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Dickey    Mayor Dickey called the meeting of March 3, 2020, to order at 5:30 p.m. and led the Council and audience in the Pledge of Allegiance.   2.MOMENT OF SILENCE    Mayor Dickey led the Council and audience in a Moment of Silence.   3.ROLL CALL – Mayor Dickey Present: Mayor Ginny Dickey; Vice Mayor Mike Scharnow; Councilmember Dennis Brown; Councilmember Sherry Leckrone; Councilmember Alan Magazine; Councilmember David Spelich; Councilmember Art Tolis (telephonically) Staff Present: Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Elizabeth A. Burke 4.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER    Town Manager Grady Miller introduced the new Senior Planner, Farhad Tavassoli, replacing Marissa Moore who left in December for a new opportunity. He said that Mr. Tavassoli served as a project manager in Maricopa County for five years, and was a flood control planner for Goodyear. He attended Arizona State University in urban planning and high school in Scottsdale, which is where he and his family now reside. He said that everyone has been reading and hearing a lot about the coronavirus and he wanted to let them know that the Town, like most others, are in the midst of planning and have a preparedness plan in place. He said that they are focusing on leads from the CDC and the County and State Health departments. He said that they have two emphases. One is on the organization of the Town of Fountain Hills and the other is on the community and then residents. He said that as more and more starts happening this will become a larger issue in Arizona and they will be staying on top of it. He said that they will come back and make periodic reports. Councilmember Magazine asked if there was any coordination with cities and towns around the Valley. Mr. Miller said that he attended an East Valley Managers' Meeting this past week and they all discussed what they are doing. They have also prepared an e-mail that will go out to employees tomorrow. Councilmember Leckrone said that she appreciated that they were addressing it. She works for Maricopa County and they received an e-mail earlier in the day. As an employee, it is good to hear that it is on people's minds. There is no reason to panic, but it is being watched. Vice Mayor Scharnow said that he attended the Valley Metro meeting the other week and after another Executive Session, they approved a contract extension for Scott Smith. He also reported that he attended the PTO Gala on Saturday evening where they raised a lot of money to help the school district. Councilmember Spelich reported that on February 21 he was invited by the Salt River Pima Maricopa Indian Community to the U.S. Arizona Memorial Gardens, dedicated to those that were lost at Pearl Harbor. He said that it consists of the original boathouse and is the largest and only piece ever given to a tribal nation. He said that the memorial is behind the outfield at Salt River Parks Field. He said that his father was a Navy pilot at Pearl Harbor and it was very special and moving for him to attend. Mayor Dickey noted that the next day was opening day for the memorial and it was great that he got to go to the dedication. Mayor Dickey congratulated Fountain Hills High School's J.P. Cahill from the McKee's Boys and Girls Cub who was honored at their Celebrate Youth gala the other night. She said that there were a lot of great auction items, including spending the day with the Coyotes and Diamondbacks. She said that there are a lot of strong supporters, and she knows that former Mayor Wally Nichols was a big supporter of that organization. She said that El Mirage Mayor had invited her to attend an event prior to this one, as she was on the YWCA Board and they were also honoring youth. She said that they had one day of rain during the Fountain Hills Festival of Arts and Crafts, but it was a great event. She said that the flyover was done on Sunday and worked out very well. She reported that the Town Council recently attended the day-long Council Retreat which was available on the web for anyone interested in viewing it. She said that they would like to hear what citizens thought of it and the ideas they discussed. Mayor Dickey reported that she attended a MAG Regional Council meeting and was glad to have Audra with MAG here tonight to give a presentation on Prop 400. She also reported that they recently held a community meeting on the General Plan in the Council Chambers. She said that it is moving along and encouraged everyone to review it as it will be on the ballot in November. She said that Munch and Music was a great event where they had 400 chairs out, and they had to bring out more. She and Economic Development Director James Smith attended a meeting of the US Canada Business Council which was at the Zoo where they learned about the "new Regular Meeting of March 3, 2020 Page 2 of 13 NAFTA."   A.RECOGNITION OF Outgoing Vice Mayor Sherry Leckrone and Incoming Vice Mayor Mike Scharnow    Mayor Dickey thanked Vice Mayor Leckrone for her service as Vice Mayor and based on the procedure outlined in the Town Code, it would now be moving to Councilmember Scharnow to sit in that role for the next eight months.   B.PRESENTATION OF Town of Fountain Hills Citizen Lifesaving Award    Mayor Dickey said that they would now like to recognize the courageous actions of Randy Evans and Joseph Calo. She invited them forward along with Chief Ott of the Fire Department and Captain Kratzer with MCSO. Captain Kratzer reviewed the incident that took place on February 21, 2020, around 3:00 a.m. where a vehicle, traveling at a high rate of speed, collided with a parked car. The nearby residents went outside and saw that one of the vehicles had a flame starting to come out. Mr. Callo pulled the driver out of the vehicle and Mr. Evans pulled out the passenger. He said that the Fire Department arrived just a few minutes later and the vehicle was already inflamed. He said that had these gentlemen not pulled the individuals out of the vehicle it could have had a much different ending. He said that both individuals were transported to the hospital with serious injuries. Mayor Dickey said that they acall first responders heroes because they run toward dangeres, but that is exactly what these two gentlement did. She then presented each of them with a Certificate of A\ward recognizing their lifesaving efforts and conveying the Town's appreciation. Mr. Calo said that the one thing he thinks about is that the girl in the car has a 8-year old son and he was proud of what they did so he would continue to have a mother.   C.RECOGNITION OF Students of the Month for March 2020    Mayor Dickey read the names and information of each of the following students, who were then invited forward to receive a Stellar Student of the Month award: Hannah Slodownik (1st grade)McDowell Mountain Elementary School Nihash Rodriguez Cruz (3rd grade) McDowell Mountain Elementary School Dahlia Quotskuyva (8th grade)Fountain Hills Middle School Henry Clark (4th grade)Fountain Hills Middle School Stephanie Lies Fountain Hills High School Liam Goldman Fountain Hills High School   Regular Meeting of March 3, 2020 Page 3 of 13             5.SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS   A.PRESENTATION on RTP/Proposition 400 Extension by Audra Koester Thomas, Transportation Planning Program Manager for the Maricopa Association of Governments (MAG)    Audra Koester Thomas with the Maricopa Association of Governments gave a PowerPoint presentation (Exhibit A attached hereto and made a part hereof) which addressed: UPDATE ON THE DEVELOPMENT OF THE NEXT REGIONAL TRANSPORTATION PLAN MAG Region Coverage Area Let's chat! PROPOSITIONS 300 & 400 Prop 300 Prop 400 Maricopa County Freeway and Light Rail System (Map) THE ROAD TO THE EXTENSION OF PROPOSITION 400 VALUES MAPPING RESULTS Overwhelming support for transportation as a regional priority Strong support to increase transportation spending Residents support additional investment in all transportation priorities Key Takeaways REGIONAL NEEDS Prop 400 Revenues Projections Highway User Revenue Fund Collections Operations & Maintenance - Highways/Freeways Sketch Capital Costs - Freeways/Highways Operations & Maintenance - Transit Sketch System Costs, Revenues RTP Call for Projects NEXT STEPS: PLAN DEVELOPMENT 5-Year Outlook Plan Development Ms. Thomas said that they are targeting a Maricopa County vote in November of 2022. The current tax 400 expires December 31, 2025. With investments, they cannot just turn on and off funding; the need for funding assurance is important. She said that it has to go through air quality monitoring to make sure that the funding from the federal government continues, to demonstrate that they are achieving their goals. She said at first they will need to go to the state legislature for a local vote to occur. She said that Maricopa County is the only county in Arizona that is treated this way. They are capped at 1/2 cent and have to go the legislature for approval to take it back to the voters. She said that the current feeling from the Regional Council is that they want the planning process to mature more and have Regular Meeting of March 3, 2020 Page 4 of 13 Council is that they want the planning process to mature more and have everything in place before taking it before them. She said that they will be preparing "what if" scenarios and doing stakeholder and public engagement meetings. She said that long range planning is hard as they do not recognize the outcomes immediately.    Mayor Dickey thanked her for the presentation, noting that it was great information. Councilmember Magazine welcomed Ms. Thomas, noting that she and he served together on the Strategic Planning Advisory Commission. He said that the information makes him angry. The Legislature fiddles while communities burn; the State has tremendous surpluses. He asked if they were getting any federal revenues. Ms Thomas replied that it was important to clarify that the 1/2 cent is a portion of the portfolio. About half of their portfolio is federal funding that is formula based. They greatly rely on the federal funds to leverage a local investment. Councilmember Magazine said that the amount of revenue declined by 40% due to the last recession. Ms. Thomas said that the figures do include inflation. Councilmember Magazine said that visioning is wonderful, but it is meaningless if they cannot do anything with the results. They see that year after year. The Town went through visioning, and as a result they have maybe $2 million for roads when they need a minimum of $7 million. Ms. Thomas said that she could not concur more. She thinks and hopes that the visioning will provide more information. She said that there is a disconnect at the Legislature. Councilmember Magazine asked if she had been able to give the presentation to any of the legislators. Ms. Thomas said that this presentation has not been presented directly, but they have been working over the last two years with legislative members. They anticipated preparing to go to enabling legislation this year, but once they saw some of the numbers, it gave the mayors some pause. By statute, they are at a ceiling at 1/2 cent. They wanted to provide more conversation on what they really want to ask. Ms. Thomas said that there is a $7 billion deficit. Their mayors testified in front of Campbell's meeting a few weeks ago. They are seeing that HURF is just not helping. She said that it was well received and Representative Campbell has pushed a bill to double the gas tax, but she's not sure how much further it will go. Vice Mayor Scharnow said that it was an excellent presentation. He asked if it would take a separate piece of legislation to increase the 1/2 cap for Maricopa County. Ms. Thomas replied that it would. Brief discussion was held on Pinal County. Ms. Thomas noted that they have obligated their full cent for transportation, but it is tied up litigation. It has been Regular Meeting of March 3, 2020 Page 5 of 13 collected, but is sitting in escrow at this time. She added that the economic market in Pinal County is dramatically different than in Maricopa County. Councilmember Brown said that it was a great presentation. He asked if the doubling of the gas tax had come out of committee. Ms. Thomas said that it did make it out of committee. They believe there is a 50/50 chance of it getting through to the Governor, but the Governor has stated "no new taxes" so they are not sure he would approve the bill. Councilmember Spelich said that he heard that yesterday ADOT stopped issuing the hybrid license plates for cars. People that have those vehicles still use the roadways as much as others. He liked hearing that; everyone should have skin in the game. Mayor Dickey thanked Ms. Thomas.   6.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.    The following individuals addressed Council: Clyde Hurtig addressed concerns with the high school field lights and noise enforcement from loud vehicles at all hours of the night. Mr. Miller said that he would get with Mr. Hurtig offline to further discuss the noise issue. Karen Farkas thanked the Council for allowing Ted Blank and his crew to do the test painting of 20 bollards around the lake. Juan Gonzalez (business owner) and Jim Gilligan (landlord) addressed the Council regarding the letters recently received regarding no parking along Travino with the new hospital coming in. Mr. Miller said that he and the Development Services Director would be glad to meet with them offline to discuss some opportunities for shared parking and other options.   7.CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be enacted by one motion 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. Regular Meeting of March 3, 2020 Page 6 of 13    MOVED BY Councilmember Alan Magazine, SECONDED BY Vice Mayor Mike Scharnow to approve Consent Agenda Items 7-A through 7-G.  Vote: 7 - 0 Passed - Unanimously   A.CONSIDERATION OF approving the meeting minutes of the Regular Meeting of February 18, 2020.      B.CONSIDERATION OF adopting Ordinance 20-04 to Amend Town Code, Article 9-5, Section 3 General Preserve Regulations, to conform with the State Law.      C.CONSIDERATION OF Approving the New Trail Name "Ridgeline Trail" as recommended by McDowell Mountain Preservation Commission.      D.CONSIDERATION OF approving a Liquor License Application for Maskadores Taco Shop, located at 16754 E. Glenbrook Boulevard, Fountain Hills, Arizona, for an Acquisition of Control Series 12 (Restaurant) license.      E.CONSIDERATION OF approving a Liquor License Application for Fountain Hills Express Convenience Store & Deli, located at 11829 N. Saguaro Boulevard, Fountain Hills, Arizona, for an Acquisition of Control Series 10 (Wine & Beer Store) license.      F.CONSIDERATION OF approving a Special Event Liquor License application for the Town of Fountain Hills for a wine garden in conjunction with the Music Fest on April 4, 2020.      G.CONSIDERATION OF Ratifying the Town Manager's approval of emergency playground equipment repairs.      8.REGULAR AGENDA   A.CONSIDERATION OF adopting Resolution 2020-08 approving Intergovernmental Agreement with the City of Phoenix relating to the cooperative use of the Phoenix hosted and developed municipal tax dashboards on the Phoenix Business Intelligence System.       Finance Director David Pock said that in the past the Town has relied heavily on voluntary compliance and collections through a contract with sales tax auditors. Over the last few months they have been looking at ways to improve that revenue and some of that involved meetings with the Department of Revenue. During one of those meetings it was suggested that the Town talk with the City of Phoenix. Phoenix has developed a program that takes and aggregates all of the reports for DOR to be analyzed better. He said that when the City of Phoenix built the program, they allowed access to it to every city/town in Arizona. There are 48 right now using it at a modest cost of a $2,000 buy-in and then $375/month.   Regular Meeting of March 3, 2020 Page 7 of 13    MOVED BY Vice Mayor Mike Scharnow, SECONDED BY Councilmember Sherry Leckrone to adopt Resolution 2020-08.  Vote: 7 - 0 Passed - Unanimously   B.CONSIDERATION OF adopting Resolution #2020-07, Town of Fountain Hills Public Art Master Plan.       Community Services Director Rachael Goodwin gave a brief PowerPoint on the issue which addressed: REVIEW: Current Public Art Collection PROPOSED CHANGES TO THE POLICY AND PROCEDURES SALE OF ART OBJECTS ITEMS ON PUBLIC DISPLAY Councilmember Magazine said that this was well done based on what the Town Council had previously directed. Councilmember Spelich thanked everyone that worked on this. He said that it has been one of his pet peeves and he truly appreciated them working on it to make it right.    MOVED BY Councilmember Dennis Brown, SECONDED BY Councilmember Sherry Leckrone to adopt Resolution 2020-07 and direct staff to bring a revised Public Art Sliding Fee Structure for Council consideration and approval.  Vote: 7 - 0 Passed - Unanimously   C.CONSIDERATION OF purchase of a Pumper Truck for the Fire Department and the associated budget transfer.       Fire Chief Dave Ott said that this item had been reviewed at the Town Council Retreat. The current pumper truck at Station 2 meets the Vehicle Replacement Fund policy to be replaced. He said that it was slated to be replaced in two years, but due to the costs of repairs, staff was recommending that it be replaced now. He said that it will be mostly funded out of the Fire Department with a little fund transfer. Mr. Miller said that they set aside money every year for all of their vehicles for replacement. Even though this is being retired two years earlier, there is a trade-in value or auction value that will help offset the costs, and those funds will go back into the Vehicle Replacement Fund.    MOVED BY Councilmember Alan Magazine, SECONDED BY Vice Mayor Mike Regular Meeting of March 3, 2020 Page 8 of 13  MOVED BY Councilmember Alan Magazine, SECONDED BY Vice Mayor Mike Scharnow to approve the Cooperative Purchase Agreement (C2020-070) with Rosenbauer South Dakota, LLC, for the Acquisition of a new 2019 Rosenbauer FX Custom Pumper, Stock #17739, in an amount not to exceed $513,914.00 to cover the cost of pumper, listed options and sales tax and approve the associated budget transfer.  Vote: 7 - 0 Passed - Unanimously   D.CONSIDERATION OF a Cooperative Purchasing Agreement with Riddle Painting & Coatings, Co. for painting Civic Center Complex buildings.       Mr. Miller said that this item was on the last Council meeting agenda, but there were questions about the paint so it was postponed. He said that Councilmember Brown offered to help research some of the questions that came up. He was provided a cut sheet, but based on information that was brought to life, he would like to recommend that only the interior of the building be approved at this time. He said that the Council has approved the recarpeting of the library and the interior paint is not in question. Mr. Weldy noted that there is a one year warranty. Ed Stizza provided comments on the proposed paint. He said that the company should be pressure washing the buildings, filling every crack, priming the building and doing two coats of paint. He also asked who approved the colors of paint. Mr. Miller said that the colors were following what the building is. The beige cream, darker tan and darker brown are on the building. They are trying to match what is on Town Hall. He also noted that when it was first painted they painted the window frames and those will not be painted this time. Mr. Weldy said that the contractor would be doing those things. He said that the Facilities Manager was unable to be at the meeting tonight. He said that as they drilled down into the Mohave contract, they found that there was not a line item for what had been recommended by Councilmember Brown, but that is what is actually described and itemized as an undercoating. Councilmember Brown said that this was a total turnaround of the information they had two weeks ago. Mr. Miller said that he would still like to get to the bottom of this and was not comfortable with the entire project being considered. Councilmember Spelich said that he was glad that they were able to get more information on the product, but was also troubled with a 12 month warranty. He said that the lease option he had was a minimum of five years, and up to ten years, and he would like the warranty of the product and workmanship to go much longer than 12 months. Councilmember Brown said that the proposed contract has a one-year warranty. In the State of Arizona, anything he touches gets a two year warranty and painting is no different. Registered contractors get a two-year warranty; most all will give a five or ten-year warranty. Regular Meeting of March 3, 2020 Page 9 of 13 Vice Mayor Scharnow asked, with regard to the interior paint, if staff had heard back from the Friends of the Library as to whether they would commit any funds toward the project. Mr. Miller said they have not, but despite whether they pay or not, the Town's residents are getting a smoking deal with everything provided to them from the Library as they do not have the operating costs of library services. Part of the Town's obligation is to build the building and maintain it.    MOVED BY Councilmember Dennis Brown, SECONDED BY Councilmember Alan Magazine to approve the interior painting at a price of $20,887.  Vote: 7 - 0 Passed - Unanimously   E.CONSIDERATION OF approving the First Amendment to Professional Services Agreement between the Town of Fountain Hills and JE Fuller/Hydrology and Geomorphology, Inc. (Contract No. C2019-079.01), for the Golden Eagle Park Drainage Improvement - Phase 1 Grading, Final Design project.       Mr. Miller said that the Town Council had previously received a presentation on this by the engineering firm JE Fuller. Mr. Weldy said that this is a multi-phased program. They already know what the first few unscheduled events were. After the presentation they asked them to come forward with a scope and fee for Phase 1 which is grading of channels to more adequate widths and depths. What they come back with will allow staff to go out to bid and have a contractor come in and remove all of that material so they have adequate storage. They will return at a later date with the next phase.    MOVED BY Vice Mayor Mike Scharnow, SECONDED BY Councilmember Dennis Brown to approve the First Amendment to Professional Services Agreement between the Town of Fountain Hills and JE Fuller Hydrology & Geomorphology, Inc. (Contract No. 2019-079.01), in the amount of $129,484 (includes owner's allowance of $12,948) and increasing the total contract amount (including previous study work completed, from $32,438) to $161,922.  Vote: 7 - 0 Passed - Unanimously   F.CONSIDERATION OF approving the purchase of a 2018 Caterpillar 415F2 Industrial Loader and a 2019 Broce CRT350 Power Broom for the Streets Division of the Public Works Department.       Mr. Miller said that this item has been before the Town Council a few times. Due to concerns raised previously, they held off until recently when they met with Councilmember Brown who was able to have his questions answered. Mr. Weldy said that the process for purchasing this equipment started several years ago when he was the Street Superintendent. He said that they had a few pieces of equipment that were very expensive to replace. One was a lift truck at a cost of $148,000 at a time when they were giving traffic signals to someone else, Regular Meeting of March 3, 2020 Page 10 of 13 so they decided to not replace it. The next vehicle was a Ford 550 and they only had one person who could operate it. They did not think they should replace it with that big of a truck. That is just part of a multiyear savings process. He said that this is all HURF funding and they have reduced their overall costs consistently for several years. That is how they arrived at the dollar amount and ability to pay for this equipment. He said that with the most recent storm events they have had a need for the tractor described here. They do have a backhoe, but it is limited on what they can do with it. Right now they have to rent a piece of equipment to do work. After a storm, with this they will have two tractors that are designed for the purpose that will allow them to remove the sediment in the roadways. Mr. Weldy said that the Broce Power Broom is not a street sweeper. It is a ride-on broom that allows them to remove sediment from travel lanes and pick it up with the equipment previously discussed. It is also good for sidewalk sweeping. It will also be used in Fountain Park for some of the droppings. This is a multiuse tool that will be used for two departments. Mr. Weldy explained that it comes with an attachment - a 300 or 400 gallon water tank - that allows them to suppress the dust. It sprays water onto the attachments and the surface, minimizing the material that will be entering the air. He said that another concern of Councilmember Brown was whether the Town had qualified operators. He said that in addition to himself, Jeff Pierce is highly qualified and can operate this. Also, Eric Branham can run the backhoe and broom and another, Jacob Bjorklund, is being trained to operate the broom and the smaller tractor.    MOVED BY Councilmember Dennis Brown, SECONDED BY Vice Mayor Mike Scharnow to approve the purchase of a 2018 Caterpillar 415F2 Industrial Loader and a 2019 Broce CRT350 Power Broom in the amount of $169,676.97.  Vote: 7 - 0 Passed - Unanimously   G.DISCUSSION WITH POSSIBLE DIRECTION relating to any item included in the League of Arizona Cities and Towns’ weekly Legislative Bulletin(s) or relating to any action proposed or pending before the State Legislature, including: - HB2705 - HB2841       Mr. Miller said that before the Legislature is HB2899, which the League supports. It is the bill to double the gas tax over the next three years and would also have an increase in license fees for electric vehicles and alternative fuel vehicles. 2705 - League bill addressing blight - Support 1554 - Short-term rental - Support 2404 - Construct sales tax - point of sale - Oppose Regular Meeting of March 3, 2020 Page 11 of 13 Consensus of Council was to respond to that bill and the following as indicated. Additionally, with 2028 political signs, Mr. Miller said that he had received prior direction to send a letter of support. He said that he would send off letters for these bills and send a copy to the Council. Councilmember Brown brought up the support for a Second Amendment bill. After brief discussion he said that he would like to have Fountain Hills send a letter to the County thanking them for what they did. Councilmembers Spelich and Tolis agreed. Mr. Arnson said that they will bring it back for a formal consideration at the next meeting since they had three councilmembers requesting it.   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. None   10.ADJOURNMENT    MOVED BY Councilmember Dennis Brown, to adjourn.  Vote: 7 - 0 Passed - Unanimously    The Regular Meeting of the Fountain Hills Town Council held March 3, 2020, adjourned at 7:40 p.m.     TOWN OF FOUNTAIN HILLS ____________________________ Ginny Dickey, Mayor ATTEST AND PREPARED BY: ______________________________ Elizabeth A. Burke, Town Clerk Regular Meeting of March 3, 2020 Page 12 of 13 CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 3rd day of March, 2020. I further certify that the meeting was duly called and that a quorum was present. DATED this 17th day of March, 2020. _________________________________ Elizabeth A. Burke, Town Clerk ATTEST AND PREPARED BY: Regular Meeting of March 3, 2020 Page 13 of 13 ITEM 7. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/17/2020 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Development Services Prepared by: John Wesley, Development Services Director Staff Contact Information: John Wesley, Development Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION OF  Resolution 2020-11, abandoning whatever right, title, or interest the Town has in the Hillside Protection Easement located at the rear of Diamante del Lago, Lot 88 (17212 E. Fontana Way) as recorded in Book 516, Page 17, records of Maricopa County, Arizona. (HPEA 2020-01) Staff Summary (background) Applicant: Robert and Mary Dill Property Location: 17212 E. Fontana Way The Hillside Protection Easement (HPE) on this lot was shown on the original subdivision plat for Diamante del Lago, which was platted in 1999.  The Town's ordinances no longer require hillside protection easements on such small residential lots (this lot is zoned R1-6A PUD).  The overall development of this subdivision includes wide open spaces in tracts behind most of the lots.  These open space tracts will continue to provide protection for the existing hillsides. This requested abandonment does not involve a Public Utility Easement; therefore, the various utility companies have not been contacted regarding the abandonment. The Town Engineer has reviewed this request for any impacts on storm water drainage and found no issues with the requested abandonment. Related Ordinance, Policy or Guiding Principle Subdivision Ordinance Section 5.04 Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff Recommendation(s) Staff recommends approval of the request for Hillside Easement abandonment. SUGGESTED MOTION MOVE to adopt Resolution 2020-11. Attachments Vicinity Map  Aerial Map  Res 2020-12  Form Review Inbox Reviewed By Date Town Clerk Elizabeth A. Burke 03/05/2020 08:21 AM Development Services Director (Originator)John Wesley 03/05/2020 08:51 AM Town Attorney Aaron D. Arnson 03/06/2020 05:43 AM Town Manager Grady E. Miller 03/09/2020 02:29 PM Form Started By: John Wesley Started On: 01/22/2020 02:39 PM Final Approval Date: 03/09/2020  BEELINE H W Y SHEA BLVDPALISADES BLVDSAGUARO BLVD SAGUARO BLVDPALISA D E S B L V D PALISAD E S B L V D G O L D E N E A G L E B L V D SA G U A R O B L V DFOUNTAIN HILLS BLVDMcDOWELL MO U N T A I N R D FOUNTAIN HILLS BLVDSUNRIDGE DRDESERT CANYON DR EL L A G O B L V D AVENU E O F T H E FOUNT A I N S PANORAMA DRFIREROCK COUNTRYCLUB DREAG L E M O U N T A I N PKW YCRESTVIEW DRPALOMINO SIERRA M A D R E GRANDE BLV D TOWN OF FOUNTAIN HILLS NORTH SCALE: 1" = 3500'All that i s A r iz o naFOU N T A IN HI L LSTOWN OFINC. 1989TOWN HALL DEVELOPMENT SERVICES DEPARTMENT SCOTTSDALE McDOWELL MOUNTAIN PARK FORT McDOWELL YAVAPAI NATIONSALT RIVER PIMA MARICOPA INDIAN COMMUNITY TOWN BOUNDARY SCOTTSDALE 17212 E FONTANA WAY VICINITY MAP HPEA: 2020-01 DEVELOPMENT SERVICES · SITE PLANAll that i s A r i z o naFOU N T A IN HI L LSTOWN OFINC. 19892018 AERIAL FONTA N A W A Y ZONING: R1-6A HPE TO BE ABANDONED TRACT "G" LOT 88 LOT 89 TRACT "G" HPEA: 2020-01 TRACT "G" RESOLUTION 2020-11 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE HILLSIDE PROTECTION EASEMENT LOCATED AT THE REAR PROERTY LINE OF DIAMANTE DEL LAGO (17212 EAST FONTANA WAY), AS RECORDED IN BOOK 516, PAGE 17, RECORDS OF MARICOPA COUNTY, ARIZONA (HPEA 2020-01) RECITALS: WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”) as the governing body of real property located in the Town of Fountain Hills (the “Town”), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of- way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, the Town Council has the authority to abandon easements. ENACTMENTS: NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. That the hillside protection easement at the rear property line of Diamante del Lago, Lot 88 (17212 E. Fontana Way), Fountain Hills, as recorded in the Office of the County Recorder of Maricopa County, Arizona, Book 516, Page 17, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. SECTION 3. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private property to oppose the abandonment or assert any right resulting therefrom or existing previous to any action by the Town. SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this Resolution. RESOLUTION 2020-11 PAGE 2 PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, this 17th day of March, 2020. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Ginny Dickey, Mayor Elizabeth A. Burke, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney RESOLUTION 2020-11 PAGE 3 ITEM 7. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/17/2020 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Development Services Prepared by: John Wesley, Development Services Director Staff Contact Information: John Wesley, Development Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION OF  Resolution 2020-12, abandoning whatever right, title, or interest the Town has in certain Hillside Protection Easement located at the rear of Diamante del Lago, Lot 89 (17216 E. Fontana Way), as recorded in Book 516, Page 17, records of Maricopa County, Arizona.  (HPEA 2020-02) Staff Summary (background) Applicant: Jerry Danni Property Location: 17216 E. Fontana Way The Hillside Protection Easement (HPE) on this lot was shown on the original subdivision plat for Diamante del Lago, which was platted in 1999.  The Town's ordinances no longer require hillside protection easements on such small residential lots (this lot is zoned R1-6A PUD).  The overall development of this subdivision includes wide open spaces in tracts behind most of the lots.  These open space tracts will continue to provide protection for the existing hillsides. This requested abandonment does not involve a Public Utility Easement; therefore, the various utility companies have not been contacted regarding the abandonment. The Town Engineer has reviewed this request for any impacts on storm water drainage and found no issues with the requested abandonment. Related Ordinance, Policy or Guiding Principle Subdivision Ordinance Section 5.04. Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff Recommendation(s) Staff recommends approval of the request for this hillside protection easement abandonment. SUGGESTED MOTION MOVE to adopt Resolution 2020-12. Attachments Vicinity Map  Aerial Map  Res 2020-12  Form Review Inbox Reviewed By Date Town Clerk Elizabeth A. Burke 03/05/2020 08:29 AM Development Services Director (Originator)John Wesley 03/05/2020 08:51 AM Town Attorney Aaron D. Arnson 03/06/2020 05:44 AM Town Manager Grady E. Miller 03/09/2020 02:29 PM Form Started By: John Wesley Started On: 01/22/2020 03:22 PM Final Approval Date: 03/09/2020  BEELINE H W Y SHEA BLVDPALISADES BLVDSAGUARO BLVD SAGUARO BLVDPALISA D E S B L V D PALISAD E S B L V D G O L D E N E A G L E B L V D SA G U A R O B L V DFOUNTAIN HILLS BLVDMcDOWELL MO U N T A I N R D FOUNTAIN HILLS BLVDSUNRIDGE DREL L A G O B L V D AVENU E O F T H E FOUNT A I N S PANORAMA DRFIREROCK COUNTRYCLUB DREAG L E M O U N T A I N PKW YCRESTVIEW DRPALOMINO SIERRA M A D R E GRANDE BLV D TOWN OF FOUNTAIN HILLS NORTH SCALE: 1" = 3500'All that i s A r iz o naFOU N T A IN HI L LSTOWN OFINC. 1989TOWN HALL DEVELOPMENT SERVICES DEPARTMENT SCOTTSDALE McDOWELL MOUNTAIN PARK FORT McDOWELL YAVAPAI NATIONSALT RIVER PIMA MARICOPA INDIAN COMMUNITY TOWN BOUNDARY SCOTTSDALE 17216 E FONTANA WAY VICINITY MAP HPEA: 2020-02 DEVELOPMENT SERVICES · SITE PLANAll that i s A r i z o naFOU N T A IN HI L LSTOWN OFINC. 19892018 AERIAL FONTANA WAY ZONING: R1-6A HPE TO BE ABANDONED TRACT "G" LOT 88 LOT 89TRACT "G" HPEA: 2020-02 TRACT "G" 2667797.2 RESOLUTION 2020-12 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE HILLSIDE PROTECTION EASEMENT LOCATED AT THE REAR PROERTY LINE OF DIAMANTE DEL LAGO, LOT 89 (17216 EAST FONTANA WAY), AS RECORDED IN BOOK 516, PAGE 17, RECORDS OF MARICOPA COUNTY, ARIZONA (HPEA 2020-02) RECITALS: WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”) as the governing body of real property located in the Town of Fountain Hills (the “Town”), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of- way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, the Town Council has the authority to abandon easements. ENACTMENTS: NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. That the hillside protection easement at the rear property line of Diamante del Lago, Lot 89 (17216 E. Fontana Way), Fountain Hills, as recorded in the Office of the County Recorder of Maricopa County, Arizona, Book 516, Page 17, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. SECTION 3. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private property to oppose the abandonment or assert any right resulting therefrom or existing previous to any action by the Town. SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this Resolution. RESOLUTION 2020-12 PAGE 2 2667797.2 PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, this 17th day of March, 2020. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Ginny Dickey, Mayor Elizabeth A. Burke, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney RESOLUTION 2020-12 PAGE 3 2667797.2 ITEM 7. D. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/17/2020 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Development Services Prepared by: John Wesley, Development Services Director Staff Contact Information: John Wesley, Development Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION OF  Resolution 2020-13, abandoning whatever right, title, or interest the Town has in the Hillside Protection Easement located at the rear of Diamante del Lago, Lot 51 (17235 E. Fontana Way), as recorded in Book 516, Page 17, records of Maricopa County, Arizona. Staff Summary (background) Applicant: Charles DeNapoli Property Location: 17235 E. Fontana Way The Hillside Protection Easement (HPE) on this lot was shown on the original subdivision plat for Diamante del Lago, which was platted in 1999.  The Town's ordinances no longer require hillside protection easements on such small residential lots (this lot is zoned R1-6A PUD).  The overall development of this subdivision includes wide open spaces in tracts behind most of the lots.  These open space tracts will continue to provide protection for the existing hillsides. This requested abandonment does not involve a Public Utility Easement; therefore, the various utility companies have not been contacted regarding the abandonment. The Town Engineer has reviewed this request.  This lot is downhill from several adjacent lots and the area covered by the HPE may convey storm water from lot-to-lot.  Should the owner of this lot desire to make improvements in this area once the easement is abandoned, they will still need to allow any storm water to cross the property. Related Ordinance, Policy or Guiding Principle Subdivision Ordinance Section 5.04 Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of the request for Hillside Easement abandonment. SUGGESTED MOTION MOVE to adopt Resolution 2020-13. Attachments Vicinity Map  Aerial Map  Res 2020-13  Form Review Inbox Reviewed By Date Town Clerk Elizabeth A. Burke 03/05/2020 08:35 AM Development Services Director (Originator)John Wesley 03/05/2020 08:51 AM Town Attorney Aaron D. Arnson 03/06/2020 05:44 AM Town Manager Grady E. Miller 03/09/2020 02:28 PM Form Started By: John Wesley Started On: 01/22/2020 03:26 PM Final Approval Date: 03/09/2020  BEELINE H W Y SHEA BLVDPALISADES BLVDSAGUARO BLVD SAGUARO BLVDPALISA D E S B L V D PALISAD E S B L V D G O L D E N E A G L E B L V D SA G U A R O B L V DFOUNTAIN HILLS BLVDMcDOWELL MO U N T A I N R D FOUNTAIN HILLS BLVDSUNRIDGE DREL L A G O B L V D AVENU E O F T H E FOUNT A I N S PANORAMA DRFIREROCK COUNTRYCLUB DREAG L E M O U N T A I N PKW YCRESTVIEW DRPALOMINO SIERRA M A D R E GRANDE BLV D TOWN OF FOUNTAIN HILLS NORTH SCALE: 1" = 3500'All that i s A r iz o naFOU N T A IN HI L LSTOWN OFINC. 1989TOWN HALL DEVELOPMENT SERVICES DEPARTMENT SCOTTSDALE McDOWELL MOUNTAIN PARK FORT McDOWELL YAVAPAI NATIONSALT RIVER PIMA MARICOPA INDIAN COMMUNITY TOWN BOUNDARY SCOTTSDALE 17235 E FONTANA WAY VICINITY MAP HPEA: 2020-03 DEVELOPMENT SERVICES · SITE PLANAll that i s A r i z o naFOU N T A IN HI L LSTOWN OFINC. 19892018 AERIAL FO N T A N A W A Y ZONING: R1-6A HPE TO BE ABANDONED LOT 52 LOT 50 TRACT "H-1" HPEA: 2020-03 LOT 51 RESOLUTION 2020-13 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE HILLSIDE PROTECTION EASEMENT LOCATED AT THE REAR PROERTY LINE OF DIAMANTE DEL LAGO, LOT 51 (17235 EAST FONTANA WAY), AS RECORDED IN BOOK 516, PAGE 17, RECORDS OF MARICOPA COUNTY, ARIZONA (HPEA 2020-03) RECITALS: WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”) as the governing body of real property located in the Town of Fountain Hills (the “Town”), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of- way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, the Town Council has the authority to abandon easements. ENACTMENTS: NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. That the hillside protection easement at the rear property line of Diamante del Lago, Lot 51 (17235 E. Fontana Way), Fountain Hills, as recorded in the Office of the County Recorder of Maricopa County, Arizona, Book 516, Page 17, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain lots within this subdivision may be subject to lot-to-lot drainage runoff. The property owner is required to pass the development flows generated by the upstream lots across their property. SECTION 3. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private property to oppose the abandonment or assert any right resulting therefrom or existing previous to any action by the Town. SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this Resolution. RESOLUTION 2020-13 PAGE 2 2667797.2 PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, this 17th day of March, 2020. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Ginny Dickey, Mayor Elizabeth A. Burke, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney RESOLUTION 2020-13 PAGE 3 2667797.2 ITEM 7. E. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/17/2020 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Administration Prepared by: David Pock, Finance Director Staff Contact Information: David Pock, Finance Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION OF  approving adjusting budget transfers for Downtown Development Fund and General Fund. Staff Summary (Background) The Finance Department is requesting the following budget transfers:  $35,000 from General Government Administration (GENAD) to Legal-Attorney (LEGAT) for the General Fund's portion of contracted legal expenses associated with the Town Attorney. This request is necessary since the contract for Town Attorney services was renegotiated after the budget process was complete for FY19-20. The requested amount is the difference between the prior monthly rate and the current monthly rate for the period of the current contract. $8,000 from General Government Administration (GENAD) to Downtown Development Administration (DEDAD) for the purchase of replacement banners to be placed along the Avenue of the Fountains. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis If budget transfers are not approved, the budget authority within Legal-Attorney Administration and Downtown Development Administration will be exceeded. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of the budget transfers. SUGGESTED MOTION MOVE to approve the budget transfers as requested in the staff summary of the staff report. Fiscal Impact Fiscal Impact:$43,000 Budget Reference:2020-09-2 Funding Source:GENAD If Multiple Funds utilized, list here:N/A Budgeted: if No, attach Budget Adjustment Form:See Adjustment Attachments Adjusting Budget Transfers  Form Review Inbox Reviewed By Date Finance Director (Originator)David Pock 02/24/2020 04:31 PM Town Attorney Aaron D. Arnson 03/05/2020 07:42 AM Town Manager Grady E. Miller 03/05/2020 11:37 AM Form Started By: David Pock Started On: 02/24/2020 03:22 PM Final Approval Date: 03/05/2020  ITEM 7. F. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/17/2020 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Community Services Prepared by: Elizabeth A. Burke, Town Clerk Staff Contact Information: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION OF  ratification of Town Council's approval of a new Special Event Liquor License application for the Fountain Hills Veterans Memorial for a beer garden in conjunction with the Irish Fountain Fest on March 14, 2020. Staff Summary (Background) On February 18, 2020, the Town Council approved a special event liquor license located at Fountain Park. However, due to news of inclement weather expected during the week, an emergency meeting was held requesting to move the location of the special event liquor license from Fountain Park to Saguaro and Avenue of the Fountains as it is expected that Fountain Park will be too wet for heavy traffic. That special meeting was held on March 10, 2020. This action is to ratify the action taken by the Town Council at the Emergency Meeting of March 10, 2020. Related Ordinance, Policy or Guiding Principle A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1-235, and R19-1-309 Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of the new location. SUGGESTED MOTION MOVE to ratify Town Council's approval of the Special Event Liquor License for the Irish Fountain Fest at the new location of Saguaro and Avenue of the Fountains. Attachments Application  Form Review Inbox Reviewed By Date Town Manager Grady E. Miller 03/10/2020 08:57 AM Form Started By: Elizabeth A. Burke Started On: 03/10/2020 07:43 AM Final Approval Date: 03/10/2020  ITEM 7. G. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/17/2020 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Community Services Prepared by: Linda Ayres, Recreation Manager Staff Contact Information: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION OF  approving an Extension of Premises permit application for Skullenwink LLC dba Bone Haus Brewing for a large outdoor party with a band on March 21, 2020. Staff Summary (Background) This is an extension of premises permit application submitted by Keith Chapman representing Skullenwink LLC dba Bone Haus Brewing for submission to the Arizona Department of Liquor. The extension of premises permit is being obtained for the purpose of holding a large outdoor party with a band. The application was reviewed by staff for compliance with Town ordinances and staff unanimously recommends approval of this extension of premises permit application as submitted. Related Ordinance, Policy or Guiding Principle A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1-235, and R19-1-309 Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval. SUGGESTED MOTION MOVE to approve the Extension of Premises permit application. Attachments G:\Special Events\Liquor Apps\2020  Form Review Inbox Reviewed By Date Community Services Director Elizabeth A. Burke 03/10/2020 02:34 PM Town Attorney Aaron D. Arnson 03/10/2020 02:44 PM Town Manager Grady E. Miller 03/10/2020 03:53 PM Form Started By: Linda Ayres Started On: 03/10/2020 02:12 PM Final Approval Date: 03/10/2020  ITEM 8. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/17/2020 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Community Services Prepared by: Jamie Salentine, Executive Assistant Staff Contact Information: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION OF Approving a Professional Services Agreement with GreenPlay, LLC, Contract No. 2020-055  Staff Summary (Background) The recently adopted Community Service Strategic Plan identifies the need for integrated long-term planning, analysis, and strategies.  Therefore, the Community Services Department is seeking to develop a system-wide master plan. The effort will include an evaluation of the Town's existing services and standards for parks and recreation, develop benchmarking systems and metric comparisons for Town amenities including parks, trails, and the community center, review our organizational structure and effectiveness, and provide considerations for alternate funding and cost recovery efforts for future park improvements.  This plan would include a large public outreach and engagement effort. Focus groups, public community meetings, stake holder interviews, as well as a statistically valid community survey would be part of this effort to better understand the priorities of our residents. This feedback will be critical as the Department looks to develop new programs, features, and amenities.  When complete, the Parks and Recreation Master Plan will support planning and programming by:  Evaluating the existing park system with benchmarks of regional and national standards and potential service level improvements Incorporating the vision, goals, and tasks outlined in the recently adopted Community Services Strategic Plan Documenting priorities, trends and demands of the current population and charting a long-range plan for accommodating anticipated population growth Developing an implementation program that outlines projects, anticipated costs, potential funding sources, and operation and maintenance implications Providing a record of citizen engagement, issues discussed, and resulting recommendations Following a Request for Proposals, GreenPlay, LLC has been selected by a four-person evaluation team. The vendor has significant experience in parks and recreation master planning, including projects with several local municipalities including the Town of Florence, the City of Glendale, and Coconino County. The cost of the contract with GreenPlay will be $65,549 and will be partially offset by $45,549 in development fees with the balance of $25,000 funding coming from General Fund.   Related Ordinance, Policy or Guiding Principle Town of Fountain Hills 2017 Strategic Plan; Community Services 2020 Strategic Plan  Risk Analysis None Recommendation(s) by Board(s) or Commission(s) Community Services Advisory Commission, McDowell Mountain Preservation Commission Staff Recommendation(s) Staff recommends approval SUGGESTED MOTION MOVE  to Approve the Professional Services Agreement with GreenPlay, LLC, Contract No. 2020-055. Fiscal Impact Fiscal Impact:$65,549 Budget Reference: Funding Source: If Multiple Funds utilized, list here:Development Fees and General Fund Budgeted: if No, attach Budget Adjustment Form:Yes Attachments PSA 2020-055 - GreenPlay, LLC  Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 03/05/2020 06:37 AM Town Attorney Aaron D. Arnson 03/05/2020 07:41 AM Town Manager Jamie Salentine 03/05/2020 11:49 AM Executive Assistant, Comm. Serv. (Originator)Jamie Salentine 03/05/2020 12:04 PM Community Services Director Rachael Goodwin 03/05/2020 12:06 PM Town Attorney Elizabeth A. Burke 03/05/2020 01:35 PM Finance Director David Pock 03/05/2020 04:33 PM Town Attorney Aaron D. Arnson 03/06/2020 05:45 AM Town Manager Grady E. Miller 03/06/2020 08:21 AM Form Started By: Jamie Salentine Started On: 02/10/2020 01:57 PM Final Approval Date: 03/06/2020  1 Contract No. 2020-055 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND GREENPLAY, LLC THIS PROFESSIONAL SERVICES AGREEMENT (this “Agreement”) is entered into as of March 17, 2020, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and GreenPlay, LLC, a(n) Colorado limited liability company (the “Vendor”). RECITALS A. The Town issued a Request for Proposals, RFP No. 2020-055 (the “RFP”), a copy of which is on file with the Town and incorporated herein by reference, seeking proposals from vendors interested in providing professional services consisting of consulting work to assist in developing a Parks, Trails, and Recreation Master Plan for the Town (the “Services”). B. The Vendor responded to the RFP by submitting a proposal (the “Proposal”), attached hereto as Exhibit A and incorporated herein by reference. C. The Town desires to enter into an Agreement with the Vendor to perform the Services, as set forth below. 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 Vendor 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 March 16, 2021 (the “Initial Term”), unless terminated as otherwise provided in this Agreement. After the expiration of the Initial Term, this Agreement may be renewed for up four successive one-year terms (each, a “Renewal Term”) if: (i) it is deemed in the best interests of the Town, subject to availability and appropriation of funds for renewal, (ii) at least 30 days prior to the end of the then-current term of this Agreement, the Vendor requests, in writing, to extend this Agreement for an additional one-year term and (iii) the Town approves the additional one-year term in writing (including any price adjustments approved as part of this Agreement), as evidenced by the Town Manager’s signature thereon, which approval may be withheld by the Town for any reason. The Vendor’s failure to seek a renewal of this Agreement shall cause this Agreement to terminate at the end of the then-current term of this Agreement; provided, however, that the Town may, at its discretion and with the agreement of the Vendor, elect to waive this requirement and renew this Agreement. The Initial Term and all 2 Renewal Terms, if any, are collectively referred to herein as the “Term.” Upon renewal, the terms and conditions of this Agreement shall remain in full force and effect. 2. Scope of Work. Vendor shall provide the Services as set forth in the Proposal attached hereto as Exhibit A and incorporated herein by reference. 3. Compensation. The Town shall pay the Vendor an aggregate amount not to exceed $65,549.00, at the rates set forth in the Fee Proposal attached hereto as Exhibit B and incorporated herein by reference. 4. Payments. The Town shall pay the Vendor monthly, based upon work performed and completed to date, and upon submission and approval of invoices. All invoices shall document and itemize all work completed to date. Each invoice statement shall include a record of time expended and work performed in sufficient detail to justify payment. This Agreement must be referenced on all invoices. 5. Documents. All documents, including any intellectual property rights thereto, prepared and submitted to the Town pursuant to this Agreement shall be the property of the Town. 6. Vendor Personnel. Vendor shall provide adequate, experienced personnel, capable of and devoted to the successful performance of the Services under this Agreement. Vendor agrees to assign specific individuals to key positions. If deemed qualified, the Vendor is encouraged to hire Town residents to fill vacant positions at all levels. Vendor agrees that, upon commencement of the Services to be performed under this Agreement, key personnel shall not be removed or replaced without prior written notice to the Town. If key personnel are not available to perform the Services for a continuous period exceeding 30 calendar days, or are expected to devote substantially less effort to the Services than initially anticipated, Vendor shall immediately notify the Town of same and shall, subject to the concurrence of the Town, replace such personnel with personnel possessing substantially equal ability and qualifications. 7. Inspection; Acceptance. All work shall be subject to inspection and acceptance by the Town at reasonable times during Vendor’s performance. The Vendor shall provide and maintain a self-inspection system that is acceptable to the Town. 8. Licenses; Materials. Vendor shall maintain in current status all federal, state and local licenses and permits required for the operation of the business conducted by the Vendor. The Town has no obligation to provide Vendor, its employees or subcontractors any business registrations or licenses required to perform the specific services set forth in this Agreement. The Town has no obligation to provide tools, equipment or material to Vendor. 9. Performance Warranty. Vendor warrants that the Services rendered will conform to the requirements of this Agreement and with the care and skill ordinarily used by members of the same profession practicing under similar circumstances at the same time and in the same locality. 3 10. Indemnification. To the fullest extent permitted by law, the Vendor shall indemnify, defend and hold harmless the Town and each council member, officer, employee or agent thereof (the Town and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, breach of contract, in connection with the work or services of the Vendor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of the indemnity in this Section. 11. Insurance. 11.1 General. A. Insurer Qualifications. Without limiting any obligations or liabilities of Vendor, Vendor shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies authorized to do business in the State of Arizona pursuant to ARIZ. REV. STAT. § 20-206, as amended, with an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the Town. Failure to maintain insurance as specified herein may result in termination of this Agreement at the Town’s option. B. No Representation of Coverage Adequacy. By requiring insurance herein, the Town does not represent that coverage and limits will be adequate to protect Vendor. The Town reserves the right to review any and all of the insurance policies and/or endorsements cited in this Agreement but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Agreement or failure to identify any insurance deficiency shall not relieve Vendor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement. C. Additional Insured. All insurance coverage, except Workers’ Compensation insurance and Professional Liability insurance, if applicable, shall name, to the fullest extent permitted by law for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of this Agreement. D. Coverage Term. All insurance required herein shall be maintained in full force and effect until all work or services required to be performed under the terms of this Agreement are satisfactorily performed, completed and formally accepted by the Town, unless specified otherwise in this Agreement. 4 E. Primary Insurance. Vendor’s insurance shall be primary insurance with respect to performance of this Agreement and in the protection of the Town as an Additional Insured. F. Claims Made. In the event any insurance policies required by this Agreement are written on a “claims made” basis, coverage shall extend, either by keeping coverage in force or purchasing an extended reporting option, for three years past completion and acceptance of the services. Such continuing coverage shall be evidenced by submission of annual Certificates of Insurance citing applicable coverage is in force and contains the provisions as required herein for the three-year period. G. Waiver. All policies, except for Professional Liability, including Workers’ Compensation insurance, shall contain a waiver of rights of recovery (subrogation) against the Town, its agents, representatives, officials, officers and employees for any claims arising out of the work or services of Vendor. Vendor shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto. H. Policy Deductibles and/or Self-Insured Retentions. The policies set forth in these requirements may provide coverage that contains deductibles or self-insured retention amounts. Such deductibles or self-insured retention shall not be applicable with respect to the policy limits provided to the Town. Vendor shall be solely responsible for any such deductible or self-insured retention amount. I. Use of Subcontractors. If any work under this Agreement is subcontracted in any way, Vendor shall execute written agreements with its subcontractors containing the indemnification provisions set forth in this Agreement and insurance requirements set forth herein protecting the Town and Vendor. Vendor shall be responsible for executing any agreements with its subcontractors and obtaining certificates of insurance verifying the insurance requirements. J. Evidence of Insurance. Prior to commencing any work or services under this Agreement, Vendor will provide the Town with suitable evidence of insurance in the form of certificates of insurance and a copy of the declaration page(s) of the insurance policies as required by this Agreement, issued by Vendor’s insurance insurer(s) as evidence that policies are placed with acceptable insurers as specified herein and provide the required coverages, conditions and limits of coverage specified in this Agreement and that such coverage and provisions are in full force and effect. Confidential information such as the policy premium may be redacted from the declaration page(s) of each insurance policy, provided that such redactions do not alter any of the information required by this Agreement. The Town shall reasonably rely upon the certificates of insurance and declaration page(s) of the insurance policies as evidence of coverage but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations of this Agreement. If any of the policies required by this Agreement expire during the life of this Agreement, it shall be Vendor’s responsibility to forward renewal certificates and declaration page(s) to the Town 30 days prior to the expiration date. All certificates of 5 insurance and declarations required by this Agreement shall be identified by referencing the RFP number and title or this Agreement. A $25.00 administrative fee shall be assessed for all certificates or declarations received without the appropriate RFP number and title or a reference to this Agreement, as applicable. Additionally, certificates of insurance and declaration page(s) of the insurance policies submitted without referencing the appropriate RFP number and title or a reference to this Agreement, as applicable, will be subject to rejection and may be returned or discarded. Certificates of insurance and declaration page(s) shall specifically include the following provisions: (1) The Town, its agents, representatives, officers, directors, officials and employees are Additional Insureds as follows: (a) Commercial General Liability – Under Insurance Services Office, Inc., (“ISO”) Form CG 20 10 03 97 or equivalent. (b) Auto Liability – Under ISO Form CA 20 48 or equivalent. (c) Excess Liability – Follow Form to underlying insurance. (2) Vendor’s insurance shall be primary insurance with respect to performance of this Agreement. (3) All policies, except for Professional Liability, including Workers’ Compensation, waive rights of recovery (subrogation) against Town, its agents, representatives, officers, officials and employees for any claims arising out of work or services performed by Vendor under this Agreement. (4) ACORD certificate of insurance form 25 (2014/01) is preferred. If ACORD certificate of insurance form 25 (2001/08) is used, the phrases in the cancellation provision “endeavor to” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives” shall be deleted. Certificate forms other than ACORD form shall have similar restrictive language deleted. 11.2 Required Insurance Coverage. A. Commercial General Liability. Vendor shall maintain “occurrence” form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not limited to, separation of insured’s clause. To the fullest extent allowed by law, for claims 6 arising out of the performance of this Agreement, the Town, its agents, representatives, officers, officials and employees shall be cited as an Additional Insured under ISO, Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or equivalent, which shall read “Who is an Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of “your work” for that insured by or for you.” If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be “follow form” equal or broader in coverage scope than underlying insurance. B. Vehicle Liability. Vendor shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Vendor’s owned, hired and non-owned vehicles assigned to or used in the performance of the Vendor’s work or services under this Agreement. Coverage will be at least as broad as ISO coverage code “1” “any auto” policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be “follow form” equal or broader in coverage scope than underlying insurance. C. Professional Liability. If this Agreement is the subject of any professional services or work, or if the Vendor engages in any professional services or work in any way related to performing the work under this Agreement, the Vendor shall maintain Professional Liability insurance covering negligent errors and omissions arising out of the Services performed by the Vendor, or anyone employed by the Vendor, or anyone for whose negligent acts, mistakes, errors and omissions the Vendor is legally liable, with an unimpaired liability insurance limit of $2,000,000 each claim and $2,000,000 annual aggregate. D. Workers’ Compensation Insurance. Vendor shall maintain Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Vendor’s employees engaged in the performance of work or services under this Agreement and shall also maintain Employers Liability Insurance of not less than $500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy limit. 11.3 Cancellation and Expiration Notice. Insurance required herein shall not expire, be canceled, or be materially changed without 30 days’ prior written notice to the Town. 12. Termination; Cancellation. 12.1 For Town’s Convenience. This Agreement is for the convenience of the Town and, as such, may be terminated without cause after receipt by Vendor of written notice by the Town. Upon termination for convenience, Vendor shall be paid for all undisputed services performed to the termination date. 7 12.2 For Cause. If either party fails to perform any obligation pursuant to this Agreement and such party fails to cure its nonperformance within 30 days after notice of nonperformance is given by the non-defaulting party, such party will be in default. In the event of such default, the non-defaulting party may terminate this Agreement immediately for cause and will have all remedies that are available to it at law or in equity including, without limitation, the remedy of specific performance. If the nature of the defaulting party’s nonperformance is such that it cannot reasonably be cured within 30 days, then the defaulting party will have such additional periods of time as may be reasonably necessary under the circumstances, provided t he defaulting party immediately (A) provides written notice to the non-defaulting party and (B) commences to cure its nonperformance and thereafter diligently continues to completion the cure of its nonperformance. In no event shall any such cure period exceed 90 days. In the event of such termination for cause, payment shall be made by the Town to the Vendor for the undisputed portion of its fee due as of the termination date. 12.3 Due to Work Stoppage. This Agreement may be terminated by the Town upon 30 days’ written notice to Vendor in the event that the Services are permanently abandoned. In the event of such termination due to work stoppage, payment shall be made by the Town to the Vendor for the undisputed portion of its fee due as of the termination date. 12.4 Conflict of Interest. This Agreement is subject to the provisions of ARIZ. REV. STAT. § 38-511. The Town may cancel this Agreement without penalty or further obligations by the Town or any of its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the Town or any of its departments or agencies is, at any time while this Agreement or any extension of this Agreement is in effect, an employee of any other party to this Agreement in any capacity or a Vendor to any other party of this Agreement with respect to the subject matter of this Agreement. 12.5 Gratuities. The Town may, by written notice to the Vendor, cancel this Agreement if it is found by the Town that gratuities, in the form of economic opportunity, future employment, entertainment, gifts or otherwise, were offered or given by the Vendor or any agent or representative of the Vendor to any officer, agent or employee of the Town for the purpose of securing this Agreement. In the event this Agreement is canceled by the Town pursuant to this provision, the Town shall be entitled, in addition to any other rights and remedies, to recover and withhold from the Vendor an amount equal to 150% of the gratuity. 12.6 Agreement Subject to Appropriation. This Agreement is subject to the provisions of ARIZ. CONST. ART. IX, § 5 and ARIZ. REV. STAT. § 42-17106. The provisions of this Agreement for payment of funds by the Town shall be effective when funds are appropriated for purposes of this Agreement and are actually available for payment. The Town shall be the sole judge and authority in determining the availability of funds under this Agreement and the Town shall keep the Vendor fully informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is a current expense of the Town, payable exclusively from such annual appropriations, and is not a general obligation or indebtedness of the Town. If the Town Council fails to appropriate money sufficient to pay the amounts as set forth in this Agreement during any immediately succeeding fiscal year, this 8 Agreement shall terminate at the end of then-current fiscal year and the Town and the Vendor shall be relieved of any subsequent obligation under this Agreement. 13. Miscellaneous. 13.1 Independent Contractor. It is clearly understood that each party will act in its individual capacity and not as an agent, employee, partner, joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other for any purpose whatsoever. The Vendor acknowledges and agrees that the Services provided under this Agreement are being provided as an independent contractor, not as an employee or agent of the Town. Vendor, its employees and subcontractors are not entitled to workers’ compensation benefits from the Town. The Town does not have the authority to supervise or control the actual work of Vendor, its employees or subcontractors. The Vendor, and not the Town, shall determine the time of its performance of the services provided under this Agreement so long as Vendor meets the requirements as agreed in Section 2 above and in Exhibit A. Vendor is neither prohibited from entering into other contracts nor prohibited from practicing its profession elsewhere. Town and Vendor do not intend to nor will they combine business operations under this Agreement. 13.2 Applicable Law; Venue. This Agreement shall be governed by the laws of the State of Arizona and suit pertaining to this Agreement may be brought only in courts in Maricopa County, Arizona. 13.3 Laws and Regulations. Vendor shall keep fully informed and shall at all times during the performance of its duties under this Agreement ensure that it and any person for whom the Vendor is responsible abides by, and remains in compliance with, all rules, regulations, ordinances, statutes or laws affecting the Services, including, but not limited to, the following: (A) existing and future Town and County ordinances and regulations; (B) existing and future State and Federal laws; and (C) existing and future Occupational Safety and Health Administration standards. 13.4 Amendments. This Agreement may be modified only by a written amendment signed by persons duly authorized to enter into contracts on behalf of the Town and the Vendor. 13.5 Provisions Required by Law. Each and every provision of law and any clause required by law to be in this Agreement 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, this Agreement will promptly be physically amended to make such insertion or correction. 13.6 Severability. The provisions of this Agreement are severable to the extent that any provision or application held to be invalid by a Court of competent jurisdiction shall not affect any other provision or application of this Agreement which may remain in effect without the invalid provision or application. 9 13.7 Entire Agreement; Interpretation; Parol Evidence. This Agreement represents the entire agreement of the parties with respect to its subject matter, and all previous agreements, whether oral or written, entered into prior to this Agreement are hereby revoked and superseded by this Agreement. 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 Agreement. This Agreement shall be construed and interpreted according to its plain meaning, and no presumption shall be deemed to apply in favor of, or against the party drafting this Agreement. The parties acknowledge and agree that each has had the opportunity to seek and utilize legal counsel in the drafting of, review of, and entry into this Agreement. 13.8 Assignment; Delegation. No right or interest in this Agreement shall be assigned or delegated by Vendor without prior, written permission of the Town, signed by the Town Manager. Any attempted assignment or delegation by Vendor in violation of this provision shall be a breach of this Agreement by Vendor. 13.9 Subcontracts. No subcontract shall be entered into by the Vendor with any other party to furnish any of the material or services specified herein without the prior written approval of the Town. The Vendor is responsible for performance under this Agreement whether or not subcontractors are used. Failure to pay subcontractors in a timely manner pursuant to any subcontract shall be a material breach of this Agreement by Vendor. 13.10 Rights and Remedies. No provision in this Agreement shall be construed, expressly or by implication, as waiver by the Town of any existing or future right and/or remedy available by law in the event of any claim of default or breach of this Agreement. The failure of the Town to insist upon the strict performance of any term or condition of this Agreement or to exercise or delay the exercise of any right or remedy provided in this Agreement, or by law, or the Town’s acceptance of and payment for services, shall not release the Vendor from any responsibilities or obligations imposed by this Agreement or by law, and shall not be deemed a waiver of any right of the Town to insist upon the strict performance of this Agreement. 13.11 Attorneys’ Fees. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Agreement or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys’ fees and reasonable costs and expenses, determined by the court sitting without a jury, which shall be deemed to have accrued on the commencement of such action and shall be enforced whether or not such action is prosecuted through judgment. 13.12 Liens. All materials or services shall be free of all liens and, if the Town requests, a formal release of all liens shall be delivered to the Town. 13.13 Offset. A. Offset for Damages. In addition to all other remedies at law or equity, the Town may offset from any money due to the Vendor any amounts Vendor owes to the Town for damages resulting from breach or deficiencies in performance or breach of any obligation under this Agreement. 10 B. Offset for Delinquent Fees or Taxes. The Town may offset from any money due to the Vendor any amounts Vendor owes to the Town for delinquent fees, transaction privilege taxes and property taxes, including any interest or penalties. 13.14 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 (A) delivered to the party at the address set forth below, (B) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (C) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Grady E. Miller, Town Manager With copy to: Pierce Coleman PLLC 4711 East Falcon Drive, Suite 111 Mesa, Arizona 85215 Attn: Aaron D. Arnson, Town Attorney If to Vendor: GreenPlay, LLC 1021 East South Boulder Road, Suite N Louisville, Colorado 80027 Attn: Teresa L. Penbrooke 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 (A) when delivered to the party, (B) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (C) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a 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. 13.15 Confidentiality of Records. The Vendor shall establish and maintain procedures and controls that are acceptable to the Town for the purpose of ensuring that information contained in its records or obtained from the Town or from others in carrying out its obligations under this Agreement shall not be used or disclosed by it, its agents, officers, or employees, except as required to perform Vendor’s duties under this Agreement. Persons requesting such information should be referred to the Town. Vendor also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of Vendor as needed for the performance of duties under this Agreement. 11 13.16 Records and Audit Rights. To ensure that the Vendor and its subcontractors are complying with the warranty under subsection 13.17 below, Vendor’s and its subcontractor’s books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any Vendor 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 (A) evaluation and verification of any invoices, payments or claims based on Vendor’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 (B) evaluation of the Vendor’s and its subcontractors’ compliance with the Arizona employer sanctions laws referenced in subsection 13.17 below. To the extent necessary for the Town to audit Records as set forth in this subsection, Vendor and its subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual o r 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 b y the Town to Vendor pursuant to this Agreement. Vendor and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this subsection. The Town shall give Vendor or its subcontractors reasonable advance notice of intended audits. Vendor shall require its subcontractors to comply with the provisions of this subsection by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 13.17 E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41-4401, the Vendor 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). Vendor’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. 13.18 Israel. Vendor 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. 13.19 Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, the Proposal, any Town-approved invoices, and the RFP, the documents shall govern in the order listed herein. 13.20 Non-Exclusive Contract. This Agreement is entered into with the understanding and agreement that it is for the sole convenience of the Town. The Town reserves the right to obtain like goods and services from another source when necessary. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. “Town” 12 TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Grady E. Miller, Town Manager ATTEST: Elizabeth A. Burke, Town Clerk APPROVED AS TO FORM: Aaron D. Arnson, Town Attorney (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On ___________________, 2020, 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] EXHIBIT A TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND GREENPLAY, LLC [Proposal] See following pages. Consulting Services for the Town of Fountain Hills Community Services Parks, Trails, and Recreation Master Plan RFP: 2020-055 Submittal Date: January 23, 2020 DID YOU KNOW ? FUN FACTS 09 32 ,000 PEOPLE USING ATHLETIC FIELDS 7 .7 MILES OF PRESERVE TRAILS 119 ACRES OF DEVELOPED PARK LAND: 822 ACRES OF MOUNTAIN PRESERVE PARK 8 .7 MILES OF URBAN TRAILS 2 ,162 NUMBER OF DAYS OF PARK AMENITIES RESERVED: LOOKING AHEAD Four Peaks Park Additional sidewalks connecting the new playground to the bridge Playground lighting Restroom renovation New picnic tables and trash cans Golden Eagle Park Volleyball sand replacement Paint playground Ramada Installation of security cameras Storm channel/dam improvements Fountain Park Planting new trees and shrubs Two new restroom facilities Continue with memorial bench sponsorships Avenue of the Fountains Planting new trees and shrubs to replace storm damaged landscape Adero Canyon Trail The completion of the restrooms, drinking fountain, and water bottle filling station. PARKS & TRAILS 05 ii Table of Contents 3.3 Cover Letter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1 3.4 Qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 3.3.4 Organizational Chart . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 3.3.5 Similar Projects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 3.5 Approach and Methodologies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 3.6 Detailed Scope of Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 Project Timeline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21 Appendix . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22 1Helping you achieve your goals January 23, 2020 Town of Fountain Hills Ms. Rachael Goodwin 16705 East Avenue of the Fountains Fountain Hills, AZ 85268 Dear Ms. Goodwin and Selection Committee: GreenPlay, LLC, is pleased to submit our proposal to develop a Parks, Trails, and Recreation Master Plan for the Town of Fountain Hills. This plan will serve as the first such plan for the Town, and it will offer a system- wide evaluation of all of your parks, trails, and recreation services. It will build off of your recently completed Community Services Strategic Plan, and will allow you to plan for the next 10 years of the system. GreenPlay is a professional, experienced management consulting firm that has been providing Parks and Recreation Master Plans and related services for communities in Arizona and around the country since 1999. We are currently working on similar projects for Glendale, Coconino County, and Florence, and have also completed similar plans for the cities of Casa Grande, Green Valley, Mesa, and Peoria, among many others. While we have completed plans for over 550 communities in the U.S., we still treat each one as unique, with customized results. We offer specialization in helping communities like Fountain HIlls optimize resources and plan for the future. Our Team will consist of Pat O’Toole, as Project Manager, Jeff Milkes, CPRP, as Project Consultant, Gareth Jones, PhD, as Project Consultant, and me, Teresa Penbrooke, PhD, MAOM, CPRE, as Princi- pal-in-Charge. Our team also includes Swaback, an Arizona-based architecture, landscape architecture, and planning firm who will complete site analysis, landscape architecture, any needed site design/conceptual planning, and conceptual costing. We are also proposing to add RRC Associates, a leading research firm with experience in parks and recreation based surveys, to the team as an optional services to design and implement a statistically-valid survey as part of the public input process. We have developed very effective and efficient ways of communicating, producing, and delivering high quality service, ensuring that your community is receiving the highest return on investment possible in this important work. If you have any additional questions, please feel free to contact me at the number listed below. We have no exceptions to the Town’s Sample Contract. I am authorized to represent GreenPlay. Sincerely, Teresa Penbrooke, PhD, CPRE CEO and Founding Managing Member 1021 E. South Boulder Rd., Suite N Louisville, CO 80027 Phone: (303) 870-3884 (direct) E-mail: TeresaP@GreenPlayLLC.com 3.3 Cover Letter 1021 E. SOUTH BOULDER RD., SUITE N | LOUISVILLE, CO 80027  303.439.8369  WWW.GREENPLAYLLC.COM 2 TOWN OF FOUNTAIN HILLS SECTION A COMMUNITY SERVICES DEPARTMENT A-11 PART IV. VENDOR INFORMATION FORM By submitting a Proposal, the submitting Vendor certifies that it has reviewed the administrative information and draft of the Professional Services Agreement’s terms and conditions and, if awarded the Agreement, agrees to be bound thereto. VENDOR SUBMITTING PROPOSAL FEDERAL TAX ID NUMBER PRINTED NAME AND TITLE AUTHORIZED SIGNATURE ADDRESS TELEPHONE FAX # CITY STATE ZIP DATE WEB SITE: E-MAIL ADDRESS: SMALL, MINORITY, DISADVANTAGED AND WOMEN-OWNED BUSINESS ENTERPRISES (check appropriate item(s): Small Business Enterprise (SBE) Minority Business Enterprise (MBE) Disadvantaged Business Enterprise (DBE) Women-Owned Business Enterprise (WBE) Has the Vendor been certified by any jurisdiction in Arizona as a minority or woman -owned business enterprise? If yes, please provide details and documentation of the certification. GreenPlay, LLC 84-1568509 Teresa L. Penbrooke, PhD CEO and Founding Managing Member 1021 E. South Boulder Rd., Suite N (303) 439-8369 Louisville, CO 80027 01/23/2020 www.greenplayllc.com teresap@greenplayllc.com X X We are WBE, SBE, and DBE Certified in our home state of Colorado. Our certification in the State of Arizona is pending. Representative documents have been included in the appendix. 3Helping you achieve your goals 3.4 Qualifications BRIEF COMPANY OVERVIEW GreenPlay, LLC, is a limited liability company that was founded in 1999 and is headquartered in Colorado with ten regional offices around the country. We operate as a CONSORTIUM OF EXPERTS specifically to provide management and consulting services for parks, recreation, open space, and related quality of life agencies. We serve as a resource for agencies by organizing teams that are responsive, experienced in the field, and who understand the needs of individual communities. Our firm works nation-wide with 24 employees and over 75 technical consortium affiliates and sub-consultants to complete projects for large and small agencies throughout the nation. GreenPlay has successfully completed over 550 projects, working with local, state, and national government agencies, as well as with private sector organizations. GreenPlay is a 100% Women Owned Business. A Proven Record of Experience and Expertise in Parks and Recreation Planning These types of projects are not an adjunct service for our firm! This is what we do at GreenPlay, everyday, successfully, for small and large communities of all types, all over the United States. We also regularly teach others around the country how to successfully complete similar projects. We have a strong national reputation based on many years of experience with staff who will help you to develop a community- specific plan that will be easily implemented, help gain engagement and consensus, and will address your key issues. Relevancy of Similar Work Experience Our firm has experience that is directly relevant to this project. We are currently working on, and have completed, similar projects for numerous Arizona agencies including Chandler, Glendale, Tempe, Florence, Casa Grande, Coconino County, Green Valley, Mesa, Morenci, Peoria, Kingman, Prescott Valley, and Arizona State Parks, to name a few. We’ve utilized our expertise to help these and other communities plan for sustainable development which is environmentally sensitive and financially sound. We will be able to quickly discern key issues in your community and help you plan to address them in an effective manner. Experience With Governmental Agencies Ninety-five percent (95%) of our projects have been performed for public clients. Collectively, the GreenPlay Team offers a comprehensive set of skills built on a foundation of excellent verbal and written communication abilities. We are known for our proven experience in dealing with adjacent and associated public and private entities. Our experience allows us to effectively manage our time while producing plans that are detailed, cus- tomized, and implementable. Management Approach and Philosophy Toward Parks and Recreation Planning GreenPlay consultants bring over 175 years of combined expertise in developing plans and documents that work conceptually and are implementable in each individual community. Our staff members are effective in leading a comprehensive public process to accurately reflect your community’s needs. We develop planning and operational options that establish a balance between innovation and experience, conservation and active recreation, design excellence and cost control, and creativity and functional accommodation. We believe that parks and recreation assets contribute to the quality of life that makes a community a desirable place to work, live, and play. We also understand the need to create a delicate balance between economic benefits and provision of equitable service, along with an appropriate mix of active and passive elements for all types of service demands. 4 SUB-CONSULTANTS RRC Associates (Optional) RRC Associates offers services in research, feasibility planning, and design to local governments, public agencies, and to private developers and corporations. Principal areas of focus by RRC include the travel, tourism, and recreation industries. These included support with questionnaire development, assistance with appropriate sample selection and subsequent list purchase (in consideration of correct geographic distribution of sample), processing of data, and weighting and tabulation of the Town’s online survey results by geography (ZIP Codes), race/ethnicity, and age of responding households. The firm’s principals have prior experience as staff to municipalities and counties, and through extensive consulting work with a variety of communities and private enterprises, have learned the importance of seeking solutions to problems which are sensitive to local conditions and tailored to local needs. If the Town chooses to conduct a statistically-valid survey, we will add RRC Associates to the team. They have provided similar services for over 100 GreenPlay projects nationwide. SWABACK SWABACK has a long and enviable history of involvement on a broad range of municipal and community planning, as well as architectural design for specialized project types & extraordinary properties. This experience, stretching over 41 years, has resulted in an assembled team of experienced and specialized staff members that have a comprehensive understanding of the high standards and operation philosophy ideally suited to create exceptional design and create premium property values. SWABACK’s contribution has included due diligence, entitlement process, yield studies, complete community design from concept to final, parcel by parcel design and lot studies, construction documents, illustrative graphics, thematic brand design, community amenity design, streetscape design, design guidelines, design review, brochure design, and eventually design of private parcels and lots for end users. Since its inception in 1978, SWABACK’s cultural and respected design portfolio has had a strong foundation of sustainable building practices. Growing recognition and appreciation for this design approach has been applied to all of SWABACK planned communities, resorts, resort residential developments, transportation oriented facilities, hotels, restaurants, parks, recreation centers, private clubs, and spas. SWABACK’s team of dedicated professionals includes top-in-class professionals providing comprehensive community planning, master planning, architectural design, interior design, environmental design and graphic design services for individuals, corporations, institutions, municipalities, and the State and Federal Government. SWABACK growing portfolio of repeat clients is a testament to a consistently rewarding and enjoyable co-design process. 5Helping you achieve your goals Work Experience: Pat brings nearly 40 years of management planning for parks and recreation agencies, and has led projects for GreenPlay since 2003. Prior to joining GreenPlay, Pat was President of OATS LLC, a private park and recreation consulting firm, and worked for many years as a Principal for Leon Younger and PROS. Pat also has previous management experience as both a director and an assistant director for several progressive agencies in four different states. He brings to GreenPlay extensive expertise in planning, operations, budgeting, pro formas, cost recovery and activity- based costing, funding sources, customer service, partnerships, efficiencies, public process, and all other facets of park and recreation agency management. He is skilled at leading forward-focused projects and teams, specifically related to creating vision and implementation. Management Consulting in Parks, Recreation, and Sports since 1995 • Principal, GreenPlay LLC, 2003 - Present • President, OATS, LLC, 2002 - 2008 • Principal, Leon Younger & PROS, 1995 - 2002 Public Parks and Recreation Administration from 1979-1995 • Indy Parks and Recreation, Indianapolis, IN Assistant Director 1992-1995 • Lake Metroparks, Cleveland, OH Assistant Director 1988-1992 • Jackson County Parks & Recreation, Kansas City, MO Asst. Director 1984-1988 • Kingman Recreation Commission, Kingman, KS Director 1979-1984 Representative Project Experience Pat has worked on over 300 projects in 46 states since 1995. The following is a sample listing of projects. • Arizona State Parks – Cattail Cove State Park Master Plan • Casa Grande, AZ – Parks, Recreation, Open Space and Libraries Master Plan • Coconino County, AZ – Parks and Recreation Master Plan • Florence, AZ – Parks and Recreation Master Plan • Glendale, AZ – Parks and Recreation Master Plan • Bella Vista Village, AR – Comprehensive Needs Assessment & Action Plan • Blue Springs, MO – Parks and Recreation Master Plan • Colchester, VT – Parks and Recreation Needs Assessment • Coppell, TX – Parks and Recreation Master Plan • Fargo, ND – Indoor Recreation Complex Feasibility Study • Farmington, NM – Parks and Recreation Master Plan • Henderson, NV – Master Plan Update • Laguna Hills, CA – Recreational Facilities Needs Assessment • Lawrence, KS – Parks and Recreation Master Plan • Lisle, IL – Pyramid Cost Recovery and Pricing Philosophy Methodology • Meridian, ID – Parks and Recreation Master Plan • Pearland, TX – Parks and Recreation Master Plan • Spearfish, SD – Sports Complex Feasibility Study • Wimberley, TX – Blue Hole Regional Park Master Plan • Winter Park, FL – Community Center Feasibility Study Education • Bachelor of Science in Recreation Administration, Kansas State University, 1978 • NRPA Pacific Revenue Sources Management School, 1986-1989 • NRPA Revenue Sources Management School, Board of Regents, 1993-1995 Professional Affiliations • Member of National Recreation and Park Association, 1979-Present • Certified Leisure Professional, 1979-1994 • Named to Outstanding Young Men of America, 1985 • National Register’s Who’s Who in Executives and Professionals, 2006, 2007 • Member of Indiana Park and Recreation Association, 1992- 2002 • Member of Ohio Park and Recreation Association, 1989-1992 • Board of Trustees, Ohio Park and Recreation Association, 1991, 1992 • Member of Missouri Park and Recreation Association, 1985, 1986, 2000-2002 • Member of Kansas Recreation and Park Association, 1977- 1984, 2001, 2002 Pat O’Toole Project Manager, Principal 6 Teresa Penbrooke, PhD, MAOM, CPRE Principal-in-Charge, CEO and Founding Managing Member Education • PhD, North Carolina State University, College of Natural Resources, Parks, Recreation, and Tourism Management, 2017 • Master of Arts, Organizational Management, University of Phoenix, Denver, 1998 • Bachelor of Science, Magna Cum Laude, Kinesiology, University of Colorado, 1993 • NRPA Revenue/Leadership Schools Professional Affiliations and Recognition • Board of Regents, NRPA Reitz Pacific Revenue and Marketing School, 2006-2008 • Commission for Accreditation of Parks and Recreation Administration (CAPRA) Official Visitor, 2008 - present • Council on Accreditation of Parks, Recreation, Tourism and Related Professions (COAPRT) Official Visitor 2018-present • Top 100 Women-Owned Businesses, Colorado Biz, 2003, 2005, 2006, 2007, 2008, 2012, 2013, 2015, 2016 • Received “Outstanding New Professional” and “President’s Award” from CPRA, 1997 • Professional Member of NRPA, CPRA, and eight other State Associations • CitiProgram Certificate in Human Subjects – Social and Behavioral Research (from U.S. Dept. of Health & Human Services) 2018 Experience Teresa brings substantial career experience and planning expertise to parks, recreation, and related community quality of life projects for large and small communities on a national level. She founded GreenPlay in 1999, and has been integral in the research, quality, recommendations, and implementation of the innovations that GreenPlay con- tributes to the field. In addition to leading projects and the firm, Teresa teaches and researches best practices around the world. She is a Visitor Chair for the Commission on Accreditation for Parks and Recreation Agencies (CAPRA) and the Council on Ac- creditation of Parks, Recreation, Tourism and Related Professions (COAPRT). She now divides her time between special projects, research, and administration of the firm. • GreenPlay, LLC (Founder and CEO): 1999 - Present • GP RED (Secretary of the Board, Faculty, & Researcher): 2008 - Present • Affiliate Faculty & Curriculum Consultant, Metropolitan State Univeristy of Denver, Dept. of Health Professions/Dept. of Recreation Professions: 2018 - Present • North Jeffco Park and Recreation District, Arvada, CO: 1996-1999 • City of Broomfield Parks, Recreation, and Senior Services, CO: 1993-1996 • City of Boulder Parks, Recreation, and Mountain Parks Department, CO: 1989-1993 Representative Project Experience Teresa has led the firm in completion of over 500 projects for communities of all sizes around the U.S. since 1999. The following are some of the key projects on which she has performed as the Project Manager: • Director of the Healthy Communities Research Group for GP RED • United States Antarctica Program – Recreation and Wellness Plan • Principal for Prescott Valley, Mesa, Casa Grande, and other Arizona projects • Maryland National Capital Park Planning Commission – Prince George’s County 2010 and Beyond Plans 1-3; Montgomery County, Strategic and 2030 Business Plan • Arlington County, VA – Public Spaces Master Plan • Broward County, FL – Needs Assessment for the Parks and Recreation Division • City and County of Denver, CO – Multiple projects, including the city-wide Game Plan, the master plan for the Stapleton Airport Redevelopment, and the detailed study of 29 indoor recreation centers • National Recreation and Park Association, Ashburn, VA – National Inventory and USA Football Grant Project • Washington DC, National Capital Planning Commission – Capital Space Master Plan • Principal-in-Charge for five Arizona projects. • Along with many other plans for large and small communities, regions, and states Education For: • American Society of Landscape Architects • Athletic Business • Colorado Open Space Alliance & Colorado Outdoor Recreation Resource Project • Environmental Design Research Association • Innovations Group – Transforming Local Government • International Coastal and Marine Tourism Congress • International Transportation and Public Health Symposium • Metropolitan State College of Denver, Colorado • National Association of Youth Sports • National Executive Development School • National Recreation and Parks Association • North Carolina State University • Reitz Pacific (Vice-Chair) & Rocky Mountain Revenue and Management Schools • World Leisure Organization • Numerous State and Regional Parks and Recreation Associations Key Topics: Master and Strategic Planning; Trans-Disciplinary Alignment; Public Health; Cost Recovery, Traditional and Alternative Funding; Creating Community through Level of Service Analysis; Tools for Communication; Tourism; Leadership; Technology and Trends 7Helping you achieve your goals Education: Gareth Jones graduated in 2016 from North Carolina State University (NCSU) with a Doctor of Philosophy (PhD) in Parks, Recreation, and Tourism Management. While at NCSU, he also earned his graduate certificate in Geospatial Information Science (GIS). Prior to entering NCSU in the Fall of 2013, Gareth earned his Bachelor of Science (BS) and Master of Science (MS) degrees in Sport and Recreation Management from Temple University. As an undergraduate at Temple University, he also earned a minor in General Business Studies. Work Experience Gareth has experience with youth and community development efforts in a variety of sectors. He served as a regional representative for Play Rugby USA, a national non-profit organization pioneering the development of youth through rugby. As a research assistant at Temple University, he also provided summative assessment services for other non-profit organizations promoting positive youth development through sport. He has also interned and worked with parks and recreation departments in the public sector, functioning primarily within the areas of youth sport and youth development. In the private sector, Gareth has worked as a private contractor with SP Plus Gameday, a global event planning organization that specializes in mega-sport events including the Winter and Summer Olympics, Super Bowl, and Gold Cup. He is currently an Assistant Professor of Sport and Recreation Management with the School of Sport, Tourism, and Hospitality Management at Temple University. Research And Spatial Analysis Gareth’s research focuses on how sport and recreation contributes to youth and community health outcomes. In particular, he utilizes geospatial analysis to study the distribution of supportive recreation services. By gathering, classifying, and symbolizing spatial features and their categorical attributes, Gareth provides visual inventories of community assets and programs. He also utilizes analytical techniques such as hot spot analysis, grouping analysis, and high/low clustering to study the spatial distribution and locational characteristics of services and assets. GreenPlay Project Experience • Calvert County, MD – Land Preservation, Parks and Recreation Plan • Charles County, MD – Land Preservation, Parks and Recreation Plan • Fraser Valley, CO – Parks, Recreation and Golf Master Plan Update • Leland, NC – Parks, Recreation, and Open Space Master Plan • Prospect Heights Park District, IL – Comprehensive Master Plan • Roanoke Regional Partnership – Outdoor Recreation Operations, Capital, and Financial Analysis • St. Mary's County, MD – Land Preservation, Parks, and Recreation Plan Update Gareth Jones, PhD Special Project Consultant/GIS Analyst Analytical Software Proficiencies • ArcGIS Desktop • UCINET Software • R: The R Project for Statis- tical Computing • SAS • SPSS • QSR Nvivo Membership in Professional Organizations • Academy of Leisure Sciences (ALS) • National Recreation and Parks Association (NRPA) • Society of Outdoor Recreation Professionals (SORP) • North American Society for Sport Management (NASM) • European Association for Sport Management (EASM) • Ro Phi Lambda Honorary Society 8 JEFFREY M DENZAK Partner | Project Manager Mr. Denzak is a Partner at SWABACK and is involved in a wide variety of projects focused on all aspects of the built environment, including; community master planning, urban infill, town center revitalization and the design of specialty buildings. His work encompasses all stages of the development process from initial feasibility through the final execution of vertical construction. Mr. Denzak holds a Master degree from Harvard University’s Graduate School of Design where he focused his studies on urban planning and community design initiatives. Prior to joining SWABACK, Mr. Denzak worked for several distinguished international design firms including: The Architects Collaborative (TAC), and Hellmuth, Obata + Kassabaum (HOK). He is the past co-chairman of ULI Arizona’s Smart Growth Committee and has lectured at several ULI conferences on a range of development related topics. He resides in Cave Creek, Arizona with his wife and three children. Museum Square | Scottsdale, AZ Florence Civic Center | Florence, AZ Years with firm 15 To tal years’ experience 30 Education • Harvard University Graduate School of Design Master of Urban Design • Purdue University Bachelor of Science in Landscape Architecture Professional Licenses Registered Landscape Architect State of Arizona Professional Organisations • American Planning Association (APA) • American Society of Landscape Architect (ASLA) • Council of Landscape Architectural Registration Boards (CLARB) Urban Land Institute • Board Member, Two- World’s Community Foundation RESUMES: SWABACK PLLC 9 C. CHRIS CARES Chris possesses a diverse background in public and private planning. A founding partner of RRC Associates, he specializes in practical applications of research techniques including survey and qualitative research, modeling and applied analysis to solve prob- lems in city planning, administration, and business applications. Parks and recreation needs assessments are particular areas of specialization. Chris has overseen numerous community/citizen surveys in towns and counties throughout the United States, which provide input to parks, recreation, trails, open space, and planning needs assessments. The results of these studies typically become incorporated into parks and open space master plans, or other policy documents. Professional Experience 1983 to present MANAGING DIRECTOR/FOUNDING PARTNER RRC Associates, Boulder, CO Representative Projects Parks and Recreation Surveys for Master Plans and Needs Assessments: Tourism and Ski Area Visitor Research (examples include National Ski Areas Association, Colorado Tourism Office, Vail Resorts, Copper Mountain, Telluride Ski and Golf Company, Crested Butte Mountain Resort, Cedar Rapids, IA) Housing and Transportation Needs Assessments (examples include Boulder, Lafayette, Longmont and Westminster, CO; Eagle County and Town of Vail; Grand Junction, Pueblo, Weld County, CO) Education Master of City Planning: Harvard University, 1975 Bachelor of Arts, Political Science: University of Rochester, 1972 University of Michigan, 1971 Further Work Experience 1977-81 PLANNER/ASSOCIATE, Gage Davis Associates—Boulder, CO Associate in charge of research studies for major destination resorts in Colorado and Utah 1976-77 PLANNER, City of Boulder—Boulder, CO 1975 PLANNER, Lincoln-Uinta Counties Planning Office—Kemmerer, WY RELEVANT BOARD EXPERIENCE GP RED – Research, Education and Development for Health, Recreation and Land Management – gpred.org (currently Board President) Breckenridge Outdoor Education Center, Breckenridge, CO – (former board member) boec.org Charleston County, SC Ashville, NC Cary, NC Caswell County, NC Leland, NC New Hanover County, NC Wake Forest, NC Williamsburg, VA Chatham County, GA Cedar Rapids, IA Bella Vista Village, AR Fitchburg, WI Waukesha, WI Prospect Heights, IL Erie County, NY Gloucester County, VA Hunterdon County, NJ Rancho Cucamonga, CA San Diego County, CA Amherst, NY Winchester, VA Desert Rec. Dist., CA Farmington, NM Coconino County, AZ Florence, AZ Littleton, CO Louisville, CO State of Maryland State of New Mexico Palm Springs, CA Pearland, TX Wilsonville, OR Dunwoody, GA Santee, CA Manassas, VA Tualatin Hills, OR Martin County, FL West Palm Beach, FL Asheville, NC Colchester, VT Meridian, ID Maryland-NCPPC- Prince George County, MD Encinitas, CA San Gabriel, CA Keene, NH 10 Identified team members will be available to complete this project. When needed, GreenPlay staff can arrive within hours, with daily direct flights to the Phoenix area. SWABACK is based in Arizona. We carefully detail our on-site gatherings during SKO to ensure that our local presence is fully considered. For the most part, you will see your GreenPlay team members the same amount as if they were based locally. GreenPlay, LLC Pat O’Toole, Project Manager, Principal Teresa Penbrooke, PhD, MAOM, CPRE Principal-in-Charge Jeffery Milkes, MS, CPRP Project Consultant Gareth Jones, PhD, GIS Analyst Primary Responsibilities: Agency & Contextual Project Management and Oversight Visioning and Development of Recommendations Community Outreach and Public Input Facilitation GIS Resource Mapping Successful Development of Final Report Town of Fountain Hills, Arizona Community Services Department SWABACK Jeffrey M. Denzak, APA, ASLA Partner, Project Manager Chris McKibben, RLA, ASLA, Planner/Landscape Architect Primary Responsibilities: Assistance with Park Inventory and Level of Service Analysis Site Planning RRC Associates Chris Cares Principal Primary Responsibilities: Statistically-Valid Survey OPTIONAL 3.3.4 Organizational Chart 11Helping you achieve your goals 3.3.5 Similar Projects COCONINO COUNTY, ARIZONA PARKS & RECREATION ORGANIZATIONAL MASTER PLAN Reference: Cynthia Nemeth, Director 2446 Fort Tuthill Loop, Flagstaff, AZ 86005-8846 928.679.8004 | cnemeth@coconino.az.gov Project: Coconino County worked with GreenPlay to develop an Organizational Master Plan for the Parks and Recreation Department. This plan represented the trends, needs, and values of Coconino County communities. It was built upon the Department’s strengths and assets, and recognized fiscal realities while exploring opportunities for organizationally appropriate, and sustainable future growth and direction. The County had undergone many changes over the 15 years since its last plan, and subsequently, there existed a need for a plan to guide future focus, direction, planning, resourcing, and sustainability. GreenPlay examined all aspects of the Department including budget, staff, organizational structure, assets and infrastructure, programs and services, and partnerships. Pat O’Toole managed this project. FLORENCE, ARIZONA PARKS, TRAILS AND OPEN SPACE MASTER PLAN Reference: Brian Hughes, Community Services Director 133 N. Main St., PO Box 2670, Florence, AZ 85132 520.868.7582 | bryan.hughes@florenceaz.gov Project: The Town of Florence hired GreenPlay to update its Parks, Trails, and Open Space Master Plan that was adopted by the Town Council in 2008. It was necessary to develop a Parks and Recreation Comprehensive Plan that encompasses all the details of the growing town and department. The scope of the plan included a community profile and trends analysis; a comprehensive needs assessment identifying needs and priorities; and accounting for cultural, economic, and physical conditions, including a statistically-valid survey. The plan inventoried existing facilities and defined future needs for parks and recreation facilities based upon level of service criteria along with trail standards and alignments. The plan established path and trail standards, alignments and locations. Open Space preservation criteria defined potential lands to be placed into a community wide open space system. Special Use Parks are a unique feature of the Florence master plan, as the Town is situated along the Gila River, CAP canal and next to BLM wilderness areas. Trails are a major component of the plan as Florence is an outdoor, OHV, and equestrian oriented community. Also included was a financial analysis, organizational analysis and capital Improvements, programs, services, operations, and maintenance analysis. Team members included J2 Design, Matrix Design, and RRC Associates. Pat O’Toole managed this project, and Teresa Penbrooke is Principal-in-Charge 12 SIMILAR PROJECTS GLENDALE, ARIZONA PARKS AND RECREATION MASTER PLAN UPDATE AND REPLACEMENT Reference: Anthony Garcia, Recreation Coordinator 5970 W. Brown St., Glendale, AZ 85301 623-930-2820, option 1 | agarcia@glendaleaz.com Project: GreenPlay is currently working with the City of Glendale to update and replace its Parks and Recreation Master Plan, which was initially developed in 2002 and updated in 2011. Since the last update, the City has grown by nearly 20,000 residents, and there have been organizational changes within the Public Facilities, Recreation, and Special Events Department (PFRSE). The PFRSE provides a wide range of services and facilities to the public, with over 70 community, neighborhood, and regional parks, as well as a conservation park, a 67,000 square foot recreation center, a 32,500 square foot adult center, an aquatic center, 3 splash pads, and 5 small community centers. This plan will replace and update the previous Parks and Recreation Master Plan, and it will also incorporate and update information from the Thunderbird Conservation Park Master Plan and the Open Space and Trails Master Plans. It will provide a comprehensive, cohesive strategy for the provision of parks, recreation, open space, trails, special events, and other services within the community. It will also create strategies for addressing goals in the Envision 2040 General Plan. To complete this plan, we are conducting an inventory and assessment of all facilities operated by the PFRSE Department, a robust public input process with abundant opportunities to hear from people from throughout the community, an analysis of equity of programs and facilities within the community, and development of an action plan and strategies for meeting goals and recommendations. Team members include J2 Design and RRC Associates. Pat O’Toole managed this project, and Teresa Penbrooke is Principal-in-Charge. ARIZONA STATE PARKS CATTAIL COVE STATE PARK MASTER PLAN In conjunction with Kimley-Horn Reference: Jeff Kratzke, Project Manager, Kimley Horn 7740 N. 16th St. Ste. 300, Phoenix, AZ 85020 602.906.1152 | jeff.kratzke@kimley-horn.com Project: Following a 40-year contract for operations of the Sandpoint Marina and RV Park in Lake Havasu City, Arizona, the State Parks decided to renovate the facility. GreenPlay worked with Kimley-Horn on the master planning phase of the project for Cattail Cove State Park. Our team members performed a market analysis, developed programming and operational recommendations, and developed a business plan for the park and marina. Pat O’Toole managed this project. 13Helping you achieve your goals 3.5 Approach and Methodologies PROJECT UNDERSTANDING We understand that the Town of Fountain Hills is in the process of developing your first Parks, Trails, and Recreation Master Plan, which will allow you to analyze your parks, trails, and recreation system as a whole and develop goals and strategies for providing these services. We know that your system consists of eleven properties of varying size with amenities ranging from a skate park to trails, and a splash pad. Fountain Hills has a variety of recreational activities with tennis courts, baseball, football and soccer fields, basketball courts, a dog park, sand volleyball courts, outdoor recreation activities, hiking trails, four 18-hole golf courses, and the crown jewel, Fountain Park, a 65-acre park that features the renowned fountain. We know that the Town offers parks and recreation services and facilities to a population of about 23,900 people west of the Phoenix metropolitan area. Each of your parks is in a different stage of development, but all of them contribute to the beautification and quality of the community. We recognize that this plan will consolidate work that was completed on individual park master plans and will allow you to compare your system with similar parks, trails, and recreation systems in the region. Once completed, this plan will: • Evaluate the existing system with benchmarks of regional and national standards and potential service level improvements • Incorporate the vision, goals, and tasks outlined in the recently adopted Community Services Strategic Plan • Document priorities, trends, and demands of the current population and charting a long-range plan for accommodating anticipated population growth • Develop an implementation program that outlines projects, anticipated costs, potential funding sources, and operation and maintenance implications • Provide a record of citizen engagement, issues discussed, and resulting recommendations The following Scope of Work details the steps that we will take to help you meet all of your goals for this Parks, Trails, and Recreation Master Plan. 14 3.6 Detailed Scope of Services A. STRATEGIC KICK-OFF, AND DETERMINATION OF CRITICAL SUCCESS FACTORS Following award of contract, the GreenPlay Project Manager will provide a Detailed Work Plan for discussion at a Strategic Kick-Off (SKO) meeting with the Town’s Master Plan Advisory Team. We will review the details of the work plan and formalize the timeline and tasks for your project, including information gathering, public involvement, market analysis, needs assessment, and data analysis. We will finalize accepted methodologies and tasks, final number and types of meetings, expected quality and formats for deliverables, and agreement on implementation strategies. We will set a timeline for public involvement and focus groups, and will discuss desired outcomes with the Project Team. Project Coordination We will work closely with your team during the SKO to identify key “Critical Success Factors” that will ensure that all factors of importance that are unique to the Town of Fountain Hills are included. We will supply written Monthly Progress Reports that cover recent progress, outstanding issues or information needed, upcoming meetings and agendas, and next steps. We have found this to be an effective communication tool, adding a level of efficiency and quality assurance to our projects. We will always be available for phone or email communication. Project team progress meetings will be formally held as often as necessary, but in no case less than monthly, with project updates via email or phone to the Project Manager until the final plan is approved. We will supply the Town’s Project Manager with one (1) electronic copy of all completed or partially completed reports, studies, forecasts, or plans deemed necessary at least three (3) working days before each progress meeting. The Project Manager will schedule the meetings as necessary at key times during the development of this plan. We will provide up-to-date information for posting on the Town’s website and/or an independent project website for review of progress by stakeholders and the public. Information Gathering Our team will collect as much information as possible on awareness, use patterns, satisfaction, desires, barriers, vision, priorities, funding possibilities, and willingness to pay, so as to inform the development of the needs assessment. As it pertains to the project, we will integrate information from recent and/ or current planning work completed by the Town of Fountain Hills, including the recently completed Community Services Strategic Plan, the General Plan 2020 Update, the Capital Improvement Plan, and individual park master plans as applicable. Strategic Kick-Off • Critical Success Factors • Key focus areas • Meeting schedule • Identification of Key Stakeholders • Gathering of All Relevant Documents • Briefing with Decision Makers Key Elements of a Community Parks and Recreation Strategic/Master Plan 1 2 3 4 4 Stages of Public Engagement ✔ Typically our Strategic/Master Plans include a 5-year focus on operations, 10-year focus on capital, and 20 year strategic vision. Other elements and tools are added as needed for a community-specific plan. Final Plan • Review • Staff • Public • Decision Maker • Distribute/Post Implementation • Action Plan • Annual Review Information Gathering • Needs Assessment • Staff • Stakeholders • Public Meetings • Focus groups • Interviews • Surveys • Online engagement • Inventory • All Assets • All Program Locations • Other Providers • Level of Service Analysis • GIS component-based mapping • Quality, Quantity, Functionality • Community Profile • Historical & Planning Context • Demographics • Trends Findings & Visioning • Presentation/Feedback Sessions • Staff • Stakeholders • Decision Makers • What We Have Discovered • Key Issues Matrix • Key Ideas and Themes for Improvement • Analysis • Programming • Operations • Maintenance • Marketing & Communications • Financial Resources Draft Recommendations • Summary Findings • Strategies • Long-Term Vision • Short-Term Action • Implications • Financial • Operational • Maintenance • Recommendations • Action Plan • Tasks • Timing • Costs • Review & Revisions 15Helping you achieve your goals The planning process will consolidate relevant information from these planning documents, and from budgets, work plans, and funding plans utilized by the Town to facilitate the comprehensive coordination of direction and recommendations for the Parks, Trails, and Recreation Master Plan. B. COMMUNITY AND STAKEHOLDER ENGAGEMENT During the development of this plan, our team will engage stakeholders from throughout the Town. The input process will enable our team to develop a clear picture of the needs and desires of the Fountain Hills community. The participation process utilized will be customized to your community’s unique situation, emphasizing data collection methods that are efficient, effective, and that incorporate your available resources to the greatest extent possible. Individual users and non-users, user groups, special interest organizations, associations, and other stakeholders will be given ample opportunity to participate in the development of this Master Plan. Our team will explore knowledge of local issues and concerns that will result in useful and pertinent community feedback. We will work with you to provide a robust engagement process with multiple opportunities for people to participate. GreenPlay staff members are skilled facilitators, and we draw from a variety of methodologies that are designed to encourage and structure feedback for clearly identified and measurable outcomes. A suggested approach is provided; however, the actual methodology will be detailed and determined during the Strategic Kick-Off meeting. Based on previous successes, the following community engagement strategy approach is designed to assure residents, user groups, community associations, neighboring communities, and other stakeholders that they are provided an opportunity to participate in the development of the plan, and is recommended for this project: • Information Gathering: Collection of as much information as possible on awareness, use patterns, satisfaction, desires, barriers, vision, priorities, funding possibilities, and willingness to pay, so as to inform the development of the needs assessment. • Focus Group Meetings: We will conduct a minimum of three (3) focus groups drawing from user individuals and groups, Community Services Department staff, staff from other Town Departments, Community Services Advisory Board members, McDowell Mountain Preservation Commission members, other advisory boards and committee members, community associations, school board members, other service providers (public, private and non-profit, etc.), and primary stakeholders such as youth, seniors, other recreation providers, citizens with disabilities, school officials, and other stakeholders, as mutually determined. • Public Community Meetings (3):  One during the information gathering portion of the project that will provide an introduction to the project (i.e., purpose, scope, expected outcomes) and an opportunity to provide input about the desires and needs of the community.  One to present the “findings” of the needs assessment (i.e., survey results, inventory results, areas of focus for the recommendations) and an opportunity to provide comments about the information presented, and identify potential solutions for the draft recommendations.  One to present the draft plan • Stakeholder Interviews: During onsite visits and as appropriate, we will meet with and/or have phone conversations with those who can contribute specific information that may need to be conveyed in a more detailed manner (this may include representatives from neighboring communities, sister agencies, other departments, Town Council members, etc.). • Statistically-Valid Survey (Optional) – See full description. Participant feedback has indicated that our techniques and formats are well received and provide the opportunity to better understand the planning process and make a meaningful contribution, resulting in the feeling that attending an input session was a good use of someone’s valuable time. We are well aware of the misuse of the public process that results in frustration over having to attend too many sessions or not feeling like the time was well spent, or that a person or group of people monopolized the meeting time. Our sessions are designed to avoid these common pitfalls. 16 LEVERAGING IMPACT FROM THE MASTER PLAN THROUGH COMMUNICATION AND SOCIAL MEDIA Leveraging support and participation for the Master Plan means that we must communicate the importance of the process to your residents in a variety of methods. It starts with properly and appropriately marketing the value of the Master Plan process to residents, and then communicating how the community can and should play a crucial role in creating a vision for the future. To ensure successful public meeting outreach, we will collaborate with the Town’s marketing lead to devise a communications strategy that makes sense for your particular project. GreenPlay can assist with suggested content for in-house staff activation, or for an additional fee, we can assign experienced staff to host, create, and disseminate content to promote engagement for your agency throughout the project. Our team will prepare at least one online public inquiry to engage participants on the Town’s most successful social media platform. If enhanced input is desired, for an additional fee, the team will prepare and provide pieces of released content for distribution on popular social media accounts. The content will promote the master planning process and showcase the key findings, which will be shared on the Town’s social media account once approved. Our extensive list of creative engagement strategies, combined with online marketing tactics, will equip agencies with a tool belt of resources to ensure that attendance reaches as many people as desired. EXAMPLES OF POTENTIAL ENGAGEMENT STRATEGIES Website and Social Media Strategies • Do you have funding to enhance the strategies and web presence? • How much control of website and social media (permissions) do you have? • Would you like to add a project page on website or a separate site? • Release a schedule of important dates • Create a feed of photos, tweets, etc. • Do you want to add popup/banners? • Sharing links to pages on all flyers, social outlets • Enhanced email strategies for social media Examples of Postings for Facebook, Twitter, and Instagram • Creating events, celebrations, and milestones • Hosting live Q&A discussions • Scheduling live videos, photos, polls, stories, etc. • Final Presentation: We will present the final report to the project team, the Community Services Advisory Committee, the McDowell Mountain Preservation Commission, and the Town Council. Statistically-Valid Survey (Optional) If additional fees can be made available, we suggest that the project should include a randomly distributed survey using proven survey methods to achieve a statistically valid response. This type of survey is the most effective method available to get the opinions of the NON-USERS, as well as users of parks, recreation facilities, trails, and programs, in your community. Questions will be drafted based on information gleaned in the public input process, and will determine needs, interest levels, awareness, satisfaction, and other topics as determined during SKO. During the Strategic Kick Off phase, based on identified key issues, we would work with RRC Associates (RRC) to create a carefully designed community survey to be distributed to a sample of 17Helping you achieve your goals residents using a list provided by the Town (either registered voters or some other appropriate list). We propose to invite survey participation using a mail survey with a postage paid return envelope provided, containing language that is proven based on our work in other communities. The survey will permit respondents to complete the form and mail it back, or they would be directed to a web site where they could complete the survey online. Following the initial invitation to complete the survey that is provided to a sampling of residents by mail, we will offer the opportunity to go to an “open link” where the larger community would be encouraged to respond. Online Users Survey If a statistically-valid survey cannot be included, we can conduct an online open survey of users and interested parties to ask a variety of questions about needs and demands for services. The survey would be implemented using Survey Monkey. The Town would need to help advertise the survey to garner responses. C. INVENTORY AND RESOURCE MAPPING As part of the plan, any available base materials will be utilized to compile resource mapping for parks, trails, and recreation facilities and amenities within the Town’s system. We will create an updated GIS file and a Park Wide Resource Map of the data to prepare for analysis. Key issues regarding any of the assets from both staff and stakeholder perspectives will be noted in a textual supplement and charts. Results will be incorporated into findings and recommendations for improvements. Demographics and Trends Analysis GreenPlay will conduct a demographic analysis and market profile of the Town and the surrounding area, utilizing all information available from previous planning efforts in addition to the U.S. Census Bureau, Esri, and other national and local sources. We will portray relevant demographic information in easy-to-read charts and figures with analysis of important topics that will impact parks, trails, and recreation service delivery. In addition to informing our recommendations, we utilize the demographics to customize our approach to your community, including adjustments in our outreach efforts to include specific substantial sub-segments of your population. Trends analysis helps evaluate demographic shifts and their impact on future parks and recreation. This analysis helps identify regional interest and participation levels for a variety of activities; how services are provided through both administrative and planning trends; and how parks, trails, and recreation amenities and programs compare to national and regional trends. Evaluation of Existing Standards Using the community demographic profile, stakeholder engagement results, and inventory, we will assess the quality and quantity of programs and facilities provided by the Town. We will evaluate appropriateness to the determined mission, vision, and values set forth in the Strategic Plan; applicable industry standards; and the regional comparison. We will evaluate the adequacy on the basis of size and location in relation to existing and future population. We will also make recommendations for minimizing duplication and/or enhancing possibilities for collaborative partnerships where appropriate. 287 79 Coolidge G A N T Z E L RDHUN T HW Y FLORENCE-KELVIN HWY Florence Military Reservation G i la R iv e r JUDD RD CACTUS FOREST RD BELLA VISTA RD C OPP E RMINE RD DIFFIN RDATTAWAY RDBUTTE AVEGARY RDQUAIL RUNLNSCHNEPF RDSKYLINE DR ARIZONA FARMS RD COMBS RD DIVERS IO N DAMRDAD A M S V IL L E R DMAINSTSPIRITLOOPFELIXRDCOOPERRD 2223 2124Legend Park Facilities Town Planning Boundary Highway Arterial COllector Local Railroad Gila River CAP Canal Florence Town Limits Florence Military Reservation Figure 1Town Resources BUTTE AVE A D A M S V I L L E R D STEWART ST 8TH ST RUGGLES ST PARK STSAN CARLOS STWILLOW STMAIN STPINAL PARKWAY AVE1ST ST Little League Park Jacques Square Arriola Square Heritage Park Padilla Park Main Street Park High Profile/RV Parking Lot Library & Aqautics Center Note: Awaiting additional existing trails data A Inset A 0 1 2 3 4 Miles Source, Town of Florence, 2019. 18 Programs and Services Gaps Analysis We will collect and analyze information on participation, needs, desires, operations, and management strategies for programming and service offerings, and make recommendations. We will identify areas of service shortfalls and projected impact of future trends. Using the results of the survey, focus groups, stakeholder meetings, needs assessment, inventory, alternative providers in the market, and current capacity, GreenPlay will identify and prioritize the unmet programming needs in the community. The gaps in programs and services can be identified using the nexus of unmet need and high importance. Benchmarking We understand that the Town has requested regional and national comparisons with five communities. GreenPlay consultants will compile relevant benchmarking and comparison data of commonly accepted key items of importance to the Town to compare your community’s facilities and tracked allocated resources with communities of similar size and demographics to other agencies. Typical benchmarking comparables include population, operations, and/or capital improvement budgets, FTEs, and land acreages. Other factors that may be evaluated include open space land acreage, recreation facilities, recreation programs and services, revenues, expenses, usage, and staffing levels. We will also review relevant cultural, social, economic, demographic, and environmental trends using available data and statistical information. We will work with Town officials and staff during Start-Up to determine the most pertinent items on which to base your comparative analysis. Park Metrics Comparative Analysis We will use the most current NRPA ParkMetrics information to compile customized Agency Effectiveness Ratios based on your population size and geographic region to gather relevant benchmarking data from all other agencies in NRPA’s dataset meeting those same parameters. We will provide the Town with a comprehensive profile of our findings with analysis of how they may apply for your community. The following chart indicates typical metrics that can be compared. Typical Agency Summary Effectiveness Ratios Operating expenditures per capita Revenue per capita Total revenue to total operating expenditures Total tax expenditures per capita Park operating expenditures per acre of parkland Operating expenditures per acre of parkland Operating expenditures per acres of parks and non-park sites Operating expenditures per FTE FTEs per 10,000 population Acres of parks per 1,000 residents Number of residents per park Number of acres per park Number of participants per program Ratio of fee programs to all programs Ratio of building attendance to park attendance D. RESOURCE AND FUNDING ANALYSIS Organizational Analysis GreenPlay will broadly assess the organizational and management structure of the Community Services Department and staffing to determine effectiveness and efficiency in meeting current and future divisional responsibilities as related to the community’s needs. The needs assessment – including input from staff interviews, community and key stakeholder engagement, and level of service analysis, along with our expertise – will identify areas for enhancement including staffing, customer service, maintenance, communications, as well as operational efficiencies. Alternative Funding and Partnerships Our Project Team will help identify key partners in the area through the planning process and provide management recommendations to enhance this potential funding area. This task does not include procurement of alternative funding, but this can be addressed separately if desired. 19Helping you achieve your goals Probable Operating, Maintenance, and Capital Costs and Potential Funding Sources Based on recommendations that arise out of the needs assessment, we will identify probable operating, maintenance, and capital costs and recommendations for potential funding sources and mechanisms for the next five (5) to ten (10) years. Cost Recovery Analysis GreenPlay is a national leader in teaching and developing innovative approaches to handling the often contentious financial issues of “how much taxpayer subsidy is enough?” or “where should the resources go?” GreenPlay has established and improved the “Pyramid” methodology for helping agencies create an overall philosophy and approach for resource allocation, program pricing, and cost recovery evaluation. We currently teach this straightforward but innovative methodology at conferences, and we train agencies and universities in its implementation and use. It is invaluable for making tough resource allocation decisions, and creating pricing and cost recovery strategies. This methodology will be helpful for evaluating the operational financial sustainability of the Community Services Department. As part of your project, we will introduce the concepts of this framework for decision making. Note: a full detailed analysis of cost recovery, divisional budgets, and/or pricing is not typically included in an analysis such as this, but can be facilitated separately or concurrently for an additional fee, if desired. E. FINDINGS AND VISIONING STRATEGIES Findings Presentation GreenPlay team consultants will compile initial findings from the analysis and inventory of existing conditions, community profile, and community and stakeholder involvement, including the survey. We will prepare a summary Findings Presentation for staff, decision makers, stakeholders, and the public to validate their accuracy. During this stage, we will confirm that all information identified and collected thus far is correct, and ask all stakeholders to share any additional issues or opportunities for consideration as we prepare to move forward into development of the final needs assessment. Key Issues Analysis Matrix During the Findings/Draft Phase of each project, GreenPlay Project Managers will compile a Key Issues Analysis Matrix that helps identify focus areas from the various tools and methodologies used to collect information. Your customized matrix will serve as a basis for plan updates in the future. Capital Improvements From the results of the inventory, we will make recommendations from capital improvements to existing parks, development of new parks, and acquisitions of future sites and related facilities. Recommendations will be laid out in short, mid, and long-term increments. 20 F. DRAFT AND FINAL PLANS, PRESENTATIONS, AND DELIVERABLES The GreenPlay team will summarize and synthesize all research and stakeholder input, and develop recommendations and priorities into a draft plan. We will work with the project team to prioritize recommendations, balancing needs and cost/ benefit analyses, capacity of the Town, and potential budgetary realities. The product of this task will be a set of recommendations phased into immediate, near-term, and long-term time frames that address goals and action strategies. We will draft a Parks, Trails, and Recreation Master Plan and will submit to the Town for review. Following review, all changes will be incorporated into the final plan. Deliverables Deliverables will include all aspects outlined in the preceding tasks, summarized as: • For the Draft Plan: One (1) electronic copy in a format suitable for publication on the website. • For the Final Plan: One (1) hard copy and one (1) electronic copy for publication on the website. • All written materials, graphics, and data shall be delivered in paper and digital format consistent with the Town’s software. • Recommendations for standards • A comprehensive list of recommended improvements and amenities for individual existing and new facilities • Cost projections per park (based on cost per sq .ft.) • Department goals, policies, priorities, operations and maintenance needs • Potential funding sources and a 10-year plan of implementation • A plan graphic illustrating existing and proposed facilities • References to other applicable Town documents as necessary Our plans also include at no additional charge: • Qualitative and Quantitative analysis methods beyond those specified, designed to address specific key issues, constraints, and opportunities; the Town’s future livability; and the contribution of parks, open space, and recreation to economic development, community vitality, and long-term viability. • Our commitment that for each task, we will quickly assess your current circumstances and provide specific information that you need to move to the next level, rather than providing you with just a standard planning response. Project Timeline Project Coordination Focus Group Meetings Public Community Meetings Stakeholder Interviews Statistically-Valid Survey Inventory Gaps Analysis Demographics and Trends Analysis Benchmarking Organizational Analysis Alternative Funding and Partnerships Costs and Potential Funding Sources Findings Presentation Capital Improvement Plan (CIP) Draft Plan Final Plan FEB MAR APR MAY JUN JUL AUG SEP OCT PROJECT PHASE:SKO Information Gathering Visioning/Draft Final SKO Public Meeting Public Meeting Draft Plan Presentation/ Public Meeting Findings and Visioning Workshop A. STRATEGIC KICK-OFF AND DETERMINATION OF CRITICAL SUCCESS FACTORS Meetings with Staff and/or Committee members B. COMMUNITY AND STAKEHOLDER ENGAGEMENT C. INVENTORY AND LEVEL OF SERVICE ANALYSIS D. RESOURCE AND FUNDING ANALYSIS E. FINDINGS AND VISIONING STRATEGIES F. DRAFT AND FINAL PLANS, PRESENTATIONS, AND DELIVERABLES 22 Appendix 3.8: Contract Exceptions We have no exceptions to the sample contract. Attached are our M/WBE certificates, as well as sum- maries of our insurance coverage and acknowledgment of addenda. 23Helping you achieve your goals 24 25Helping you achieve your goals ADDENDUM #1 RFP 2020-055 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES TO: All Respondents CLOSING DATE: Thursday, January 23, 2020 at 3:00 p.m. (UNCHANGED) REF NO.: 2020-055 Parks Master Plan DATE: Tuesday January 21, 2020 Below are questions and answers received during the open period. 1.Is it possible to get the sign in sheet for the meeting and does that include those people who were on the phone? The sign in sheet will be made available online at: https://www.fh.az.gov/Bids.aspx . 2. To what extent is the town willing to lead the public engagement effort in this project? As noted in the scope of work, the Town will assist with community meetings related to logistical arrangements. This includes providing a location, set up needs including tables, chairs, A/V, etc. Town will be responsible for the arrangement, notice and related costs associated with the public input meetings. The Town will take the initiative to advertise and promote the meetings to solicit community participation. 3.Does the $50,000 include direct expenses? The expected budget of $50,000 is all-inclusive. 4.The existing facilities and processes analysis excludes the fountain, but we were wondering what processes would you like to include in the plan? As noted in the scope of work, the Town is asking to have an assessment of existing facilities, conditions, funding, and policies as an objective basis for the identification of deficiencies and recommendations. This should include all elements of the Community Services system to ensure a wide perspective and that all divisions have the proper forecast for expected needs and improvements. 5.Request for survey results form 2000 community survey Please see attached. Please note that this survey covers items outside of the scope requested for the RFP. This is intended for informational purposes only and to represent a snapshot of the needs of the community in 2000. END OF ADDENDUM #1 We acknowledge receipt of Addendum 1. ____________________________________________ Teresa L. Penbrooke, PhD, CEO and Founding Managing Member EXHIBIT B TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND GREENPLAY, LLC [Fee Proposal] See following pages. 1Helping you achieve your goals Consulting Services for the Town of Fountain Hills Community Services Parks, Trails, and Recreation Master Plan RFP: 2020-055 FEE PROPOSAL Submittal Date: January 23, 2020 DID YOU KNOW ? FUN FACTS 09 32 ,000 PEOPLE USING ATHLETIC FIELDS 7 .7 MILES OF PRESERVE TRAILS 119 ACRES OF DEVELOPED PARK LAND: 822 ACRES OF MOUNTAIN PRESERVE PARK 8 .7 MILES OF URBAN TRAILS 2 ,162 NUMBER OF DAYS OF PARK AMENITIES RESERVED: LOOKING AHEAD Four Peaks Park Additional sidewalks connecting the new playground to the bridge Playground lighting Restroom renovation New picnic tables and trash cans Golden Eagle Park Volleyball sand replacement Paint playground Ramada Installation of security cameras Storm channel/dam improvements Fountain Park Planting new trees and shrubs Two new restroom facilities Continue with memorial bench sponsorships Avenue of the Fountains Planting new trees and shrubs to replace storm damaged landscape Adero Canyon Trail The completion of the restrooms, drinking fountain, and water bottle filling station. PARKS & TRAILS 05 3Helping you achieve your goals TASKS GreenPlay Swaback RRC Total A. Strategic Kick-Off, and Determination of Critical Success Factors $1,575 $500 $2,075 B. Community and Stakeholder Engagement $13,650 $2,000 $15,650 C. Inventory and Resource Mapping $5,775 $2,000 $7,775 Benchmarking $2,625 $2,625 D. Resource and Funding Analysis $1,575 $2,000 $3,575 E. Findings and Visioning Strategies $4,200 $3,000 $7,200 F. Draft and Final Plans, Presentations, and Deliverables $7,099 $4,000 $11,099 Totals $36,499 $13,500 $49,999 Statistically-Valid Survey (optional) $1,050 $14,500 $15,550 This project is billed as Firm-Fixed Fee, meaning that all travel, reimbursables, and deliverables are built into the per task cost. Fee Basis GreenPlay does not bill on an hourly basis. We have established an inclusive fee schedule that covers the salaries of our professional project staff and of support staff who enable them to function effectively and efficiently. We consider the prevailing rates in our industry and the level of specialized expertise that we provide. For projects which require more than 100 hours of work, GreenPlay proposes using a Firm- Fixed Price model for compensation. This means that the contract is based on a projected number of hours, but the compensation is actually based on the completion of pre-determined contracted tasks identified in the Scope of Work and within a pre-specified timeline. This typically works well for the client, ensuring that all work is accomplished regardless of the time required to complete each task. In the event that the contracted Scope of Work is changed by the client during the project, GreenPlay can adjust total contract fees accordingly based on our regular hourly rates. This project is proposed as a Firm-Fixed Fee project; therefore, individual hourly rates and projected number of hours are not applicable. Our rates include: • All deliverables as outlined in the Scope of Work. • Professional staff, sub-consultant, and administrative salaries. • All office overhead, equipment, utilities, and consulting insurances. • Taxes, employee benefits, and Worker’s Compensation. • Administrative support staff and supplies, and local travel. • Work Products and meetings as outlined in the Scope of Work. • All travel costs are built into the firm-fixed fee. 4 Rates do not include: • Materials and services outside of the pre-specified Scope of Work (may include extra meetings, requested copies and printing of work products). • Geotechnical services and reports. • Topographic and boundary surveys (site surveys). • Site Testing. • Project related legal and safety consultant services. • Permits and fees borne by the agency. • Detailed schematic and construction documents. Additional Services: If Requested GreenPlay’s rate for additional services is based on an average of $150 per hour if not proposed as “firm-fixed fee.” For sub-consultants, hourly rates range from $60 to $150 per hour, depending on the task. As this project is based on a firm-fixed fee, our consultants will dedicate the necessary time to complete the project. Our sub-consultant team members set their hourly rates according to their individual firm fee schedules. While the hourly rates may sound high, when considering the costs for implementing additional experienced and professional full-time staff, benefits, insurances, office space, computers and equipment, support staff, utilities, etc., we find that this rate is usually comparable to or lower than what an agency would spend for in-house staff. An additional benefit is that when the project is finished, the expense ends. GreenPlay typically submits an invoice for payment to the project manager/ primary contact person on a monthly basis. Each invoice includes a brief description of the services provided and percentage of Scope completed to date. Invoices past due over 60 days will accrue 1.5% interest per month. Other structures for compensation and payment can be negotiable prior to contract award. Project Delay Fee GreenPlay will work with your project team to jointly lay out an achievable schedule during contracting and detailed during the SKO. There is a cost to GreenPlay if the project is delayed beyond the accepted contracted schedule end date, so we will work diligently with you to achieve it. We expect prompt responses and to keep milestones for approval points. If the project is delayed due to Town requests or non-response, we may request additional fees to do so. Typically, this fee is around 10% of remaining budget for each month of client caused delays. We are happy to help keep this project on schedule, and value open and transparent conversations about how to best do so throughout the project. ITEM 8. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/17/2020 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Community Services Prepared by: Jamie Salentine, Executive Assistant Staff Contact Information: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION OF Cooperative Purchasing Agreement Contract No. 2017-072.2, Second Amendment with Shade N Net of Arizona, Inc. Staff Summary (Background) Shade N Net is the provider of large shade structures throughout town parks, including the multiple shade structures at Golden Eagle Park following the monsoon of 2018. This vendor also replaced the Splash Pad and the Playground shade structures at Fountain Park. A contract amendment of $136,000 and extension over the next two years is requested in order to complete several projects currently underway as well as plan for potential forthcoming projects. Specifically, this amendment would allow for a new shade structure to be installed at Four Peaks Park to enhance the recently renovated playground.  Any remaining funds would be utilized for unanticipated shade projects, such as storm, wind, or vandalism damage. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval SUGGESTED MOTION MOVE to Approve the Cooperative Purchasing Agreement Contract No. 2017-072.2, Second Amendment with Shade N Net of Arizona, Inc.  Attachments Shade N Net 2nd Amendment  Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 03/05/2020 06:37 AM Town Attorney Aaron D. Arnson 03/05/2020 07:48 AM Town Manager Elizabeth A. Burke 03/05/2020 01:35 PM Finance Director David Pock 03/05/2020 04:34 PM Town Manager Grady E. Miller 03/05/2020 05:42 PM Form Started By: Jamie Salentine Started On: 03/04/2020 09:30 AM Final Approval Date: 03/05/2020  1 Contract No. 2017-072.2 SECOND AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND SHADE N NET OF ARIZONA, INC. THIS SECOND AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT (this “Second Amendment”) is entered into as of March 17, 2020, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and Shade N Net of Arizona, Inc., an Arizona corporation (the “Contractor”). RECITALS A. After a competitive procurement process, Mohave Educational Services Cooperative, Inc. (“Mohave”) entered into Contract No. 16D-SHADE-0401, dated April 1, 2016, as amended (the “Mohave Contract”), for the Contractor to provide pre-engineered fabric shade structures and related materials. All of the capitalized terms not otherwise defined in this Second Amendment have the same meanings as defined in the Mohave Contract. B. The Town and the Contractor entered into a Cooperative Purchasing Agreement dated November 6, 2016, based upon the Mohave Contract, as amended by that First Amendment dated November 19, 2018, for the Contractor to provide the Town with pre-engineered fabric shade structures and related materials (the “Services and Materials”). C. The Town has determined that it is necessary for the Contractor to perform additional services (the “Additional Services and Materials”), and the Town and the Contractor desire to enter this Second Amendment to provide for compensation to the Contractor for the Additional Services and Materials and to extend the term of the Agreement. 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. The Term of the Agreement shall be extended to March 31, 2022, provided that the term of the Mohave Contract has not expired or has been extended. 2. Compensation. The Town shall increase the compensation to Contractor by not more than $136,000.00 for the Additional Services and Materials at the rates set forth in the 2 Mohave Contract and incorporated herein by reference, resulting in an increase of the aggregate not-to-exceed compensation from $124,997.00 to $260,997.00. 3. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the Agreement shall remain in full force and effect. 4. Non-Default. By executing this Second Amendment, the Contractor affirmatively asserts that (i) the Town is not currently in default, nor has it been in default at any time prior to this Second Amendment, under any of the terms or conditions of the Agreement and (ii) any and all claims, known and unknown, relating to the Agreement and existing on or before the date of this Second Amendment are forever waived. 5. 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. 6. Conflict of Interest. This Second Amendment and the Agreement may be cancelled by the Town pursuant to Ariz. Rev. Stat. § 38-511. [SIGNATURES ON FOLLOWING PAGES] 3 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment as of the date and year first set forth above. “Town” TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Grady E. Miller, Town Manager ATTEST: Elizabeth A. Burke, Town Clerk APPROVED AS TO FORM: Aaron D. Arnson, Town Attorney (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On ___________________, 2020, 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] 4 “Contractor” SHADE N NET OF ARIZONA, INC. a(n) Arizona corporation By: Name: Title: (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On ________________________, 2020, before me personally appeared _____________ ________________________, the _____________________ of SHADE N NET OF ARIZONA, INC., a(n) Arizona corporation whose identity was proven to me on the basis of satisfactory evidence to be the person who he/she claims to be, and acknowledged that he/she signed the above document on behalf of the corporation. Notary Public (Affix notary seal here) 4810-4210-0660 v.1 625 East Beale Street, Kingman, AZ 86401 Phone: (928) 753-6945 Fax: (928) 718-3232 mesc.org 16D-SHADE-0401 Shade ‘N Net of Arizona, Inc. Award, Extension, and Amendment Documents 16D-SHADE-0401 Contract Transfer Documents 00...................................................................... ............ 16D-SHADE-0401 Award Letter 2........................................................................................ .................... 16D-SHADE-0401 Offer and Acceptance Form 5................................................................ ............................ 16D-0304 Signed Award Recommendation 6...................................................................... ...................... 16D-0304 Evaluator Agreements 9...................................................................................... ............. 16D-SHADE-0401 Federal and State Excluded Parties Documents 12................................ ................................ ............................16D-SHADE-0401 Contract Extension Documents 14.......................................................... ............................................ 16D-SHADE-0401 Contract Amendments 24....................................................................... ........................ Click section title to be taken directly to that section. 4/5/18 EH Mohave Educational Services Cooperative, Inc. 625 E. Beale St. • Kingman • AZ • 86401 • 928-753-6945 • www.mesc.org NOTIFICATION OF AWARD LETTER March 28, 2016 Sent this day via email to Rudy@Shade-N-Net.com Rudy Martinez, Jr., President Shade ‘N Net of Arizona, Inc. 5711 W. Washington St. Phoenix, AZ 85043 Congratulations, Shade ‘N Net of Arizona, Inc.’s response has been awarded a contract under IFB 16D-0304. Attached is a copy of the contract signature page. Important notes and action items regarding the award are listed on the following pages. Some action items contain important deadlines noted in bold font. Be sure to meet the requests and/or requirements on or before the deadlines noted. Your organization is bound by the terms of this contract; only items specifically requested in this solicitation and awarded in your response to this solicitation will be authorized/allowed. Advise your Mohave customers to make purchase orders out to Shade ‘N Net of Arizona, Inc. In the event you receive a purchase order from a member that does not contain the “MESC REVIEWED” stamp, it should be faxed to (928-718- 3232), or emailed (orders@mesc.org) to Mohave for review. Do not perform any work or provide any products until you receive a “MESC Reviewed” purchase order. We highly recommend having your staff reviews our vendor information pages at (http://www.mesc.org/resources- brochures) to learn more about working with Mohave. Especially helpful is the Vendor Handbook. The procurement file for IFB 16D-0304 shall be made available for public inspection on March 31, 2016. Please check all the entries on the contract record attached. You may make additions or revisions to the description (40 words or less), contact persons, etc. Email back any changes as soon as possible to mike@mesc.org. Your contract number is 16D-SHADE-0401 and will take effect on April 1, 2016. If you have any questions regarding your new contract, please call me at (928) 718-3203. We look forward to working with you and your company in the future. Michael R. Nentwig Contract Specialist I NOTES ON AWARD FOR: Shade ‘N Net of Arizona, Inc. Mohave Educational Services Cooperative, Inc. 625 E. Beale St. • Kingman • AZ • 86401 • 928-753-6945 • www.mesc.org MSC 12/2/15 • Please remind the member of their responsibility to independently verify that quotations and purchase orders comply with the terms of the award of a contract or procurement. This responsibility is set by rule and statute, and cannot be changed by Mohave. Members can go to (service.mesc.org/PVF/plist.php) to assist in meeting this due diligence responsibility. • Financial information included under Tab 2 of your response will be kept confidential. • All products must be priced using contract pricing approved by Mohave. • All quotes shall include your contract #16D-SHADE-0401. • Send requests for pricing updates to Michael Carter – michael@mesc.org. • Do not provide any goods/services until you receive a Mohave reviewed purchase order. • Quick payment discounts must be approved by Mohave before being offered to members, and must be available equally. • Order cycle overview: 1. Member forwards purchase orders to Mohave. Vendor is Shade ‘N Net of Arizona, Inc. 2. Mohave reviews and emails member order with “MESC Reviewed” stamp, to Shade ‘N Net of Arizona, Inc. 3. Shade ‘N Net of Arizona, Inc. provides product/services. 4. Shade ‘N Net of Arizona, Inc. invoices member. 5. Member pays Shade ‘N Net of Arizona, Inc. 6. Shade ‘N Net of Arizona, Inc. sends Usage and Reconciliation Report to Mohave. 7. Shade ‘N Net of Arizona, Inc. remits administration fee monthly, based on invoices paid. 8. Mohave audits selected purchases. REQUIREMENTS/ACTION ITEMS FOR THE AWARD: • You agreed to provide a Reconciliation Report detailing activity under the contract, and payment for Mohave administration fees for invoices paid in the previous month. Your report is due on the 20th of each month. Mohave’s Audit Specialist will contact you and provide you with a sample report, based on reports provided under contract 15N-SHADE-0105. • If no invoices were paid under the contract in the previous month, you may send an email to adminreport@mesc.org advising of no sales to report for the month. • Because you have an existing Mohave contract, we want to address how to properly report invoices on your monthly reconciliation reports because it may be necessary to submit two separate reports until all old contract purchases are closed: o Line item purchase orders that remain open under 15N-SHADE-0105 should be reported on 15N-SHADE- 0105 reconciliation reports. o Blanket purchase order invoices with a ship date prior to, or on March 31, 2016 should be reported on the 15N-SHADE-0105 reconciliation reports. o New purchase orders issued under the 16D-SHADE-0401 contract should be reported under 16D-SHADE- 0401 reconciliation reports. o Blanket purchase order invoices with a ship date after March 31. 2016 should be reported on the 16D- SHADE-0401 reconciliation reports. • Administration fee payments should be mailed to: Mohave Educational Services 625 E. Beale St. Kingman, AZ 86401 NOTES ON AWARD FOR: Shade ‘N Net of Arizona, Inc. Mohave Educational Services Cooperative, Inc. 625 E. Beale St. • Kingman • AZ • 86401 • 928-753-6945 • www.mesc.org MSC 12/2/15 • In order to assist members with new contract award notices, Mohave will be releasing your contract award information to the members prior to April1, 2016. Information regarding your contract award will be posted to our website and will be made available in our product vendor finder. Pricing from your awarded contract will also be made available to our members. All of this information will be accessible by our members before April 1, 2016. You may provide quotes to members for this contract. However, it will be your responsibility to inform members the contract is not effective until April1, 2016, and members should not be processing purchase orders until that date. Acting on purchase orders (delivering products or services) prior to April 1, 2016 is a violation of the contract. Please ensure that your staff is aware of the effective date April 1, 2016, in order to avoid contract confusion. • All future pricing updates must be electronic. Updates on the original Excel workbooks are preferred. Similar formats in Word or PDF are acceptable. • We feature marketing information about your current contract in the product vendor finder on our website. Please visit our website (www.mesc.org) and go to the "All Products/Vendors" under the "Contracts & Solicitations" menu. Find your company from the list and click on your name. Once on your company information, review the "About Vendor" section of the "Overview." Confirm in writing if that information is still accurate, or if changes need to be made. Mohave reserves the right to edit information for content or length. Email this information to mike@mesc.org no later than March 31, 2016. Bid and Acceptance Form (Place after Tab la) IFB 16D-0304 Pre-engineered Fabric Shade Structures To Mohave Educational Services Cooperative, Inc.; The undersigned hereby certifies understanding and compliance with the requirements in all terms, conditions, specifications and amendments. Bidder further agrees to furnish materials and/or services in compliance with all terms, conditions, specifications and amendments in the solicitation and any written exceptions in the bid. Federal Employer Identification Number 86-0805913 Company Name Shade 'N Net of Arizona, Inc. Address 5711 W. Washington St. City Phoenix State AZ Zip 85043 Telephone Number (602) 484-7911; (800) 290-3387 The Bid and Acceptance Form should be submitted with a signature of the person authorized to sign the bid. The person signing the bid shall initial erasures, interlineations, or other modifications in bid. Failure to sign the Bid and Acceptaryce Firm, or to ynake other notations as indicated, may result in rejection of bid. Authorized Signature Printed Name Rudy Martinez, Jr.Title: President Primary Email Rudy(aShade-N-Net.com Alternate email Angek@Shade-N-Net.corn Note: The primary email address will be used for all communication from Mohave regarding your response to this solicitation. Provide an alternate email address that will be used only if the primary email address is not valid. The contract vendor shall not commence any billable work or provide any material or service under this contract unless and until contract vendor receives a purchase order with Mohave's review noted. Acceptance of Bid and Contract Award (Mohave Only) Your Bid is Hereby Accepted; As an awarded contract vendor, you are now bound to sell the materials and/or services offered to and accepted by Mohave in accordance with the solicitation, including all terms, conditions, specifications, amendments and any accepted written exceptions. This contract shall be referred to as Contract Number Awarded this day of Ct\ rdr\ 2016. This contract shall be effective this 1 day of \ 2016. C Julia E. Tribbett, Executive Director Mohave Educational Services Cooperative, Inc. I IFB 16D-0304 2 MSC 3/5/15 Mohave Educational Services Cooperative, Inc. 625 E. Beale St. • Kingman • AZ • 86401 • 928-753-6945 • www.mesc.org Date: March 28, 2016 To: Julia E. Tribbett, Executive Director Through: Mark DiBlasi, CPPB, Contracts Manager From: Mike Nentwig, Contract Specialist I Subject: Award Recommendation for IFB 16D-0304, Pre-engineered Fabric Shade Structures On March 4, 2016 Mohave received seven responses to IFB 16D-0304. In accordance with the procurement rules and the solicitation, the basis of award was lowest responsive and responsible bidder(s). Market basket pricing, as well as a comparison of portions of the price list, was used to develop a ranking from lowest to highest price for the bids determined to be responsive and responsible. The market basket pricing was built from the submitted pricing for all bidders. Play It Safe Playgrounds and Park Equipment, Inc., Shade ‘N Net of Arizona, Inc., Shade Structures, Inc. and Ultimate Shade Alternatives were determined to be the lowest bidders using the individual, as well as and grand totals for five market baskets. Play It Safe Playgrounds and Park Equipment, Inc., Shade ‘N Net of Arizona, Inc., Shade Structures, Inc. and Ultimate Shade Alternatives were determined to be responsive and responsible. They provided the following required information: • Bid security of $100,000 • Evidence of required licenses • Evidence of required bonding capacity • Provided the majority of the products and services requested in solicitation • Demonstrated necessary experience • Demonstrated ability to adequately service members statewide for all products and services offered The evaluation committee determined a single award is not advantageous to Mohave’s members. The solicitation authorized multiple awards to meet the needs of Mohave’s large number of various types of members located throughout Arizona. This is a statewide contract aimed at providing new fabric shade structures and the repair of existing fabric shade structures. No single offer demonstrated the ability to effectively, and efficiently meet all our members’ needs for pre-engineered fabric shade structure projects. Award is recommended to the least number of bidders determined necessary to meet the members’ requirements. The decision was based upon considerations for the large number of members, diverse types of members, location of members throughout Arizona and members’ past usage of similar contracts. The criteria for selecting bidders for multiple contracts is based upon considerations for members’ experience with existing fabric shade products and systems, brand continuity for parts replacement and future expansion, contract vendor’s ability to provide for our large, diverse membership, minimum bonding capacity of $150,000, geographic area(s) served, Mohave’s past experience with contracts for similar product/services, and/or other relevant criteria. IFB 16D-0304 Award Recommendation Mohave Educational Services Cooperative, Inc. 625 E. Beale St. • Kingman • AZ • 86401 • 928-753-6945 • www.mesc.org MSC 12/2/15 Awards are recommended to the responsible and responsive bidders with the lowest cost, based upon the market basket referenced above. Market basket pricing from the responsible and responsive bidders follows: Market Basket Grand Totals Shade ‘N Net of Arizona, Inc. $49,697.99 Ultimate Shade Alternatives, Inc. dba Desert-Sails, LLC $49,703.26 Shade Structures Inc. dba USA Shade & Fabric Structure $50,051.00 Safe and Sound Playgrounds $52,089.67 Play It Safe Playground and Park Equipment, Inc. $52,133.35 Dave Bang Associates, Inc. $55,959.75 Exerplay, Inc. $74,827.97 Bidder Market Basket 1 Market Basket 2 Market Basket 3 Market Basket 4 Market Basket 5 Dave Bang Associates, Inc. $7,842.75 $15,804.00 $1,110.00 $29,808.00 $1,395.00 Exerplay, Inc. $10,787.89 $26,624.44 $3,263.42 $32,272.22 $1,880.00 Play It Safe Playgrounds and Park Equipment, Inc. $13,623.35 $13,532.00 $1,700.00 $22,388.00 $890.00 Safe and Sound Playgrounds $7,911.37 $17,780.77 $924.00 $23,705.53 $1,768.00 Shade ‘N Net of Arizona, Inc. $7,566.37 $16,976.77 $860.00 $22,599.85 $1,695.00 Shade Structures, Inc. dba USSA Shade & Fabric Structures $11,078.00 $14,337.00 $2,105.00 $20,946.00 $1,585.00 Ultimate Shade Alternatives, Inc. dba Desert-Sails, LLC $7,898.88 $13,778.77 $1,523.36 $24,952.25 $1,550.00 Details for the recommended awards are as follows: • Shade ‘N Net of Arizona was the overall lowest bidder in the market basket grand total comparison. Shade ‘N Net of Arizona is a manufacturer. They offered the best pricing for their brand with a bonding capacity of $150,000 single and $350,000 aggregate. • Ultimate Shade Alternatives, Inc. dba Desert-Sails, LLC was the second lowest overall bidder in the market basket grand total comparison. They were the second lowest bidder in market basket 2 and third lowest bidder in market baskets 1 and 5. They provided the best pricing for 5 of 17 and second best of an additional 5 of 17 replacement parts, specifically posts and rafters. Ultimate Shade Alternatives, Inc. dba Desert-Sails, LLC is a manufacturer. They offered the best pricing for their brand with a bonding capacity of $350,000 single and aggregate. • Shade Structures, Inc. was the third lowest overall bidder in the market basket grand total comparison. Shade Structures, Inc. is a manufacturer and they offered the best pricing for their brand, USA Shade. They provided better pricing for 14 of 37 shade structures compared in the installed pre-configured shaped structures portion of the price workbook. Shade Structures, Inc. offered seven additional shade structure designs not offered by any other bidder. They have a bonding capacity of $1,000,000 single and $6,000,000 aggregate. • Play It Safe Playgrounds and Park Equipment, Inc. was the lowest bidder in market basket 2 and market basket 5 and also provided the overall best pricing in 30 of 47 shade structures compared in the installed pre-configured shaped structures portion of the price workbook. They also provided the overall best pricing for 11 of 17 replacements parts and second best for the remaining 6. They are not a manufacturer but represent the Superior Shade brand. Their current bonding capacity is $400,000 single and aggregate. IFB 16D-0304 Award Recommendation Mohave Educational Services Cooperative, Inc. 625 E. Beale St. • Kingman • AZ • 86401 • 928-753-6945 • www.mesc.org MSC 12/2/15 • Dave Bang Associates, Inc. was the second lowest bidder in market basket 1 and market basket 5. They also were third lowest bidder for market basket 3. They provided the second best pricing for 4 of the 17 replacement parts, specifically shade fabric. They are not a manufacturer but represent the Custom Canopies brand. They have a bonding capacity of $500,000 single and $1,000,000 aggregate. None of the bidders recommended for award are on the United States General Services Administration’s Excluded Parties List, or on the Arizona Department of Administration Excluded Parties List. The current contracts under IFB 15N-1009 expire on March 31, 2016. It is recommended the awards under IFB 15S-0205 take effect on April 1, 2016. It is the recommendation of the evaluation committee that contracts be awarded to Play It Safe Playgrounds and Park Equipment, Inc., Shade ‘N Net of Arizona, Inc., Shade Structures, Inc. and Ultimate Shade Alternatives for Pre-engineered Fabric Shade Structures. Not recommended for award (Below the cutoff for least number of vendors determined necessary to meet the members’ requirements.) Safe and Sound Playgrounds Inspections Inc. dba Safe and Sound Playgrounds Safe and Sound Playgrounds was the fourth lowest overall bidder in the market basket comparison. They were the second lowest bidder in the market basket comparison offering the Shade ‘N Net product line. There were no apparent price advantages to substantiate award of an additional bid providing Shade N’ Net products, beyond the award of Shade N’ Net of Arizona (The number one overall lowest bidder in the market basket comparison.) Exerplay, Inc. Exerplay, Inc. was the seventh lowest overall bidder, offering Landscape Structures brands. In all but one, their market basket pricing was the highest. There were no apparent price advantages to substantiate award, beyond those recommended for award. Approval of the #16D-0304 award as recommended: Signature: ________________________________ Date: 3/28/16 Mark DiBlasi, CPPB Contracts Manager Signature: _________________________________ Date: 3/28/16 Julia E. Tribbett Executive Director NAME EMPLOYER ADDRESS I OHAVE IFB 16D-0304 EVALUATOR AGREEMENT /e-xiff A/era/7 0/ oP Apodi_ TITLE aq-eir _ PHONE ',91.-/- 7V- 71/ Pk/ 0 . Monroe Sr , laeoai /‘i 8.5W5- Statement of Understanding I agree to evaluate the responses to the solicitation according to its terms. I understand that Mohave will consider my evaluation along with evaluations by other professionals. However, I also agree that Mohave is under no obligation to accept my evaluation, except as advisory. I also understand that Mohave will hold my employer and/or me harmless if any vendor or Interested party protests any award or lack of award made by Mohave under the terms of this solicitation. If any conflict or potential of conflict of interest exists, I will disclose the conflict to Mohave. I also agree not to discuss my evaluation or any of the evaluation process prior to the announcement of an award, as required by Arizona law (per ARS § 41-2616, C). Please read the following statements duplicated from the IFB prior to evaluation: Basis of award: Award(s) will be made to the responsive and responsible bidder(s) whose bid(s) is (are) determined in writing to be the low responsive and responsible bid or bids. Mohave reserves the right to use model projects/market baskets to determine the low ranking of bids. It is Mohave's intent to award a complete line of products, when possible and advantageous. Responsible bidder: A responsible bidder is a firm or person with the capability to perform the contract requirements and the integrity and reliability which will assure good faith performance. Mohave must determine a bidder to be responsible before awarding a contract to bidder. Responsive bids: A responsive bid reasonably and substantially conforms to all material requirements of the solicitation. Bids must be responsive to receive award consideration. Mohave reserves the right to waive minor informalities. NOTE: Mohave may publicly thank members of the evaluation committee who are not employed by Mohave on our website. Your signature below indicates understanding that we may publicly recognize your help with the evaluation process. If you do not wish to be thanked in this manner, please indicate that below. Please check one of the following: K I have no conflict of interest. I have attached a statement of potential conflict of Interest. Signature aitibtetek)Date a///go Signature by Mohave:d.4.4.. e43Litz4( IFB 16D-0304 Mohave Evaluator A. reement MX WAS MOHAVE IFB 16D-0304 EVALUATOR AGREEMENT NAME br , EMPLOYER /44.15 TITLE (LAP-Noe krri I\A A..1 Ise 10t. PHONE ADDRESS Statement of Understanding I agree to evaluate the responses to the solicitation according to its terms. I understand that Mohave will consider my evaluation along with evaluations by other professionals. However, I also agree that Mohave is under no obligation to accept my evaluation, except as advisory. I also understand that Mohave will hold my employer and/or me harmless if any vendor or interested party protests any award or lack of award made by Mohave under the terms of this solicitation. If any conflict or potential of conflict of interest exists, I will disclose the conflict to Mohave. I also agree not to discuss my evaluation or any of the evaluation process prior to the announcement of an award, as required by Arizona law (per ARS § 41-2616, C). Please read the following statements duplicated from the IFB prior to evaluation: Basis of award: Award(s) will be made to the responsive and responsible bidder(s) whose bid(s) is (are) determined in writing to be the low responsive and responsible bid or bids. Mohave reserves the right to use model projects/market baskets to determine the low ranking of bids. It is Mohave's intent to award a complete line of products, when possible and advantageous. Responsible bidder: A responsible bidder is a firm or person with the capability to perform the contract requirements and the integrity and reliability which will assure good faith performance. Mohave must determine a bidder to be responsible before awarding a contract to bidder. Responsive bids: A responsive bid reasonably and substantially conforms to all material requirements of the solicitation. Bids must be responsive to receive award consideration. Mohave reserves the right to waive minor informalities. NOTE: Mohave may publicly thank members of the evaluation committee who are not employed by Mohave on our website. Your signature below indicates understanding that we may publicly recognize your help with the evaluation process. If you do not wish to be thanked in this manner, please indicate that below. Please check of the following: I have no conflict of interest. I have attached a statement of potential conflict of interest. Signature Signature by Mohave:ea._46,rt Date I B 16D-0304 Mohave Evaluator A s reement MSC 12/2/IS NAME 11\ lC...(\a(2mk 15 TITLE Cor&L-\ A-`12(ttCA\ EMPLOYER p(NE_-)c, PHONEC- ADDRESS e kaAe 8(g,(40 Statement of Understanding I agree to evaluate the responses to the solicitation according to its terms. I understand that Mohave will consider my evaluation along with evaluations by other professionals. However, I also agree that Mohave is under no obligation to accept my evaluation, except as advisory. I also understand that Mohave will hold my employer and/or me harmless if any vendor or interested party protests any award or lack of award made by Mohave under the terms of this solicitation. If any conflict or potential of conflict of interest exists, I will disclose the conflict to Mohave. I also agree not to discuss my evaluation or any of the evaluation process prior to the announcement of an award, as required by Arizona law (per ARS § 41-2616, C). Please read the following statements duplicated from the IFS prior to evaluation: Basis of award: Award(s) will be made to the responsive and responsible bidder(s) whose bid(s) is (are) determined in writing to be the low responsive and responsible bid or bids. Mohave reserves the right to use model projects/market baskets to determine the low ranking of bids. It is Mohave's intent to award a complete line of products, when possible and advantageous. Responsible bidder: A responsible bidder is a firm or person with the capability to perform the contract requirements and the integrity and reliability which will assure good faith performance. Mohave must determine a bidder to be responsible before awarding a contract to bidder. Responsive bids: A responsive bid reasonably and substantially conforms to all material requirements of the solicitation. Bids must be responsive to receive award consideration. Mohave reserves the right to waive minor informalities. NOTE: Mohave may publicly thank members of the evaluation committee who are not employed by Mohave on our website. Your signature below indicates understanding that we may publicly recognize your help with the evaluation process. If you do not wish to be thanked in this manner, please indicate that below. Please check one of the following: Y I have no conflict of interest. I have attached a statement of potential conflict of interest. Signature Signature by Mohave: Date '3! al (.0 B 1.D-0304 Mohave Evaluator As reernent M. 12/2/15 SAM Search Results List of records matching your search for : Search Term : Shade* N Net* Record Status: Active ENTITY SHADE N NET OF ARIZONA, INC.Status:Active DUNS: 867741290 +4:CAGE Code: 1RTE7 DoDAAC: Expiration Date: Nov 9, 2016 Has Active Exclusion?: No Delinquent Federal Debt?: No Address: 5711 W WASHINGTON ST City: PHOENIX State/Province: ARIZONA ZIP Code: 85043-3649 Country: UNITED STATES March 22, 2016 1:52 PM Page 1 of 1 ADOA- State Procurement Office OFFICE RIZONA STATE PROCUREMENT ABOUT PUBLIC NOTICES RESOURCES PROCUREAZ VENDOR RESOURCES PROCUREMENT REFORM COMPLIANCE HOTLINE ProcureAZ for Vendors SPO ALSO PROVIDES A NUMBER OF RESOURCES SPECIFICALLY FOR VENDORS ASSOCIATED WITH THE USE OF THE... 0 READ MORE State Procurement Activities IN ACCORDANCE WITH ARS 41-753, NOTICE OF SIGNIFICANT PROCUREMENT ROLE ACTIVITIES CURRENTLY... 0 READ MORE lbSuspended and Debarred Firms Procurement Resource Library i [orms and Documents Procurement Regulations Suspended and Debarred Firms Suspended and Debarred Firms r Standard Procedures SPO is responsible for maintaining a list of firms that are suspended or debarred from doing business with the State of Arizona. There are No Suspended or Debarred firms at this time. Procurement Opportunities PROCUREAZ - STATEWIDE, MULTI-AGENCY AND AGENCY SOLICITATION NOTICES POSTED WITHIN THE STATE'S... 0 READ MORE al, Resources State Procurement Resource Library Agency Procurement Authority Professional Services Compliance ProcureAZ Help Desk Support 602-542.7600 ProcureAZ Phone Support - Monday thru Friday 8:00am to 5:00pm. Voicemail is available at other times. Please feel free to email the help desk and specify the issue in the subject area. procuregazdoa.govi2i Arizona's eProcurement System and Vendor Registration Procure.AZ.gov Art.e.n.c Ppocuperne.e.t SaPRI.C.I • Compliance Hotline Procurement 625 East Beale Street, Kingman, AZ 86401 Phone: (928) 753-6945 Fax: (928) 718-3232 mesc.org 16D-SHADE-0401 Contract Extensions 1 Air I COOPERATIVE Annalie Badenhorst Shade 'N Net of Arizona, Inc. 5711 W. Washington St. Phoenix, AZ 85043 2/26/2019 Modification of Contract (Contract Extension) (Page 1 of 3) RE: Contract # 16D-SHADE-0401 modification of contract through an extension of contract is made by, and between, Shade 'N Net of Arizona, Inc. and Mohave Educational Services Cooperative (Mohave). In accordance with its terms and conditions, Mohave requests to extend contract 16D-SHADE-0401 for a period of one (1) year, beginning 4/1/2019. The extension shall be under the same terms and conditions contained therein. Provide your agreement to extend by completing the appropriate information below and on the following pages. If the contract is extended, Shade 'N Net of Arizona, Inc. agrees to provide products or prices as per 16D-0304. By signing this Modification of Contract, you hereby certify to the best of your knowledge and belief that your firm complies with Byrd Anti -Lobbying Amendment 31 U.S. Code § 1352, CFR § 200.450 and Federal Acquisition Regulation 52.203-11 We agree to modify and extend the contracts specified above, abiding by the current terms and conditions, and aptached clarifications. Signature Typed/Printed Name Ru Martinez, Jr, Title President/CEO Date 3/6/19 Upon your signed, executed Modification of Contract through a Contract Extension, you shall be bound to sell the materials and/or services offered to and accepted by Mohave in accordance with the solicitation, including all terms, conditions, specifications, amendments and any accepted written exceptions. Nancy Colbaugh, CPPB Contracts Manager Mohave Educational Services Cooperative, Inc. 625 East Beale Street j Kingman, AZ 86401 Phone 928-718-3228 I Fax 928-718-3232 If all pages of this notice are not received at Mohave's Kingman office on, or before, 4/1/2019, orders shall be held without processing. Email or fax completed extension to contracts@mesc.org or 928-718-3232. To terminate the contract effective 4/1/2019, email or fax a notice of your request to cancel the contract to contracts©mesc.org or 928-718-3232. You agree to complete any authorized work or orders received prior to that date. Renewals not received within 14 days following 4/1/2019 may result in cancellation of the contract. However, any authorized orders received prior to this date, shall be completed under this contracts terms and conditions, Modification of Contract (Contract Extension) (Page 2 of 3) Requested Pricing Modifications We list your contract as utilizing Fixed. Please confirm the following regarding pricing under your contract: Our contract utilized firm-fixed pricing. We agree to hold the current prices until the next contract renewal date of 4/1/2020. Our contract utilized percentage off MSRP/Retail pricing. The current price lists/catalogs are still applicable. We are requesting a price modification. A price list/catalog will be submitted by 3/4•// 9 . (Insert Date) Remember that your firm cannot quote any new products contained in pricing submitted with your contract extension until it has been reviewed and a Contract Modification through a pricing update/product addition has been issued. Current contract pricing will remain in effect until this process is complete. Please verify that the following information is correct and accurate: POs Attn: Order Desk Shade "N Net of Arizona, Inc. 5711 W. Washington St. Phoenix, AZ 85043 Member Contact: Rudy Martinez Contract Administrator: Annalie Badenhorst Phone Number: 602-484-7911 Fax Number: 602-484-7919 Remit to: Shade 'N Net of Arizona, Inc. Accounts Receivable 5711 W. Washington St. Phoenix, AZ 85043 Vendor Logo Currently, we have the following logo on file for use on our website in our product/vendor finder: If you wish to revise or update the logo we have on file, keep the following requirements in mind: • What file types are acceptable?Vector point files are highly recommended (such as .ai or .eps files). If you don't have access to a vector point file, a large hi-resolution (approximately 150-300 dpi) PEG, TIFF, BITMAP, GIF or PNG file will work. Having a file with a high dpi will help keep images looking sharp if we need to resize the logo. • What file size is recommended?There is no limitation to the logo file size. Modification of Contract (Contract Extension) Vendor Benefits Description (Page 3 of 3) Currently, we have the following information on our website detailing the benefits of your contract for our members to view: Shade 'N Net has been privileged to serve Arizona schools and municipalities through the Mohave contract since 2000. In that time, products have been added and processes improved upon. Shade 'N Net has strengthened its member relationships through excellent service, quality and effort. Shade 'N Net has been in business for 20+ years without any mergers, name changes, or ownership changes, etc. Likewise, the Mohave members have the ability to converse with the same professional management team that's been in place for over two decades and are welcome to visit and tour our 25,000 square foot manufacturing facility in Phoenix. Stability and reliability are two factors that members have counted on without worrying about their warranties being in jeopardy. As a proud member of Local First Arizona, Shade 'N Net is a single-owner business that supports other local businesses and pays local taxes. Statistics show that when consumers spend with locally owned businesses; it keeps up to 52 of the money in the local economy vs. 13.6 when spent on out-of-state manufacturers. Shade 'N Net specializes only in shade systems, because we do not offer any other type of product. Because of this, proper focus can be put on the members of the Mohave family and ensure that they get the best possible product, with the most advantageous pricing. Shade 'N Net takes pride in the one commodity that they supply (Sun/UV Protection), and they do it well. Shade 'N Net also under goes independent audits to maintain their Approved Steel Fabricator certification with the City of Phoenix and Clark County, Nevada. This is a very difficult, painstaking certification to attain. It does however ensure that a manufacturer holds true the highest standards including, but not limited to, strict quality control management, material traceability, welders' certification compliance, etc. If you wish to revise or update the vendors benefits information we have on file, keep the following requirements in mind: •The description should be 150-200 words that explain the benefits that your company can provide to our members through your Mohave contract. •The description should give a brief overview for members who may be accessing information about your contract from our product vendor finder on Mohave's website. •Please note that Mohave reserves the right to revise or modify the information provided either for content or length. Email or fax request for information revisions or additional information to contracts@mesc.org or 928-71.8-3232. If you have any questions, contact your Contract Specialist either via email at michael@mesc.org or phone 928-718-3222. 2/22/2018 MOHAVE ARIZONA COOPERATIVE PURCHASING Annalie Badenhorst Shade 'N Net of Arizona, Inc. 5711 W. Washington St. Phoenix, AZ 85043 Modification of Contract (Contract Extension) (Page 1 of 3) RE: Contract # 16D-SHADE-0401 modification of contract through an extension of contract is made by, and between, Shade 'N Net of Arizona, Inc. and Mohave Educational Services Cooperative (Mohave). In accordance with its terms and conditions, Mohave requests to extend contract 16D-SHADE-0401 for a period of one (1) year, beginning 4/1/2018. The extension shall be under the same terms and conditions contained therein. Provide your agreement to extend by completing the appropriate information below and on the following pages. If the contract is extended, Shade 'N Net of Arizona, Inc. agrees to provide products or prices as per 16D-0304. We agree to modify and extend the contract as specified above, abiding by the current terms and conditions, and any attached clarifications, Signature Title er-e cl'eltArfr Typed/Printed Name 7 AP___ Date -3/6//g Upon your signed, executed Modification of Contract through a Contract Extension, you shall be bound to sell the materials and/or services offered to and accepted by Mohave in accordance with the solicitation, d. Nancy Colbaugh, CPPB Contracts Manager Mohave Educational Services Cooperative, Inc. 625 East Beale Street Kingman, AZ 86401 Phone 928-718-3228 Fax 928-718-3232 If all pages of this notice are not received at Mohave's Kingman office on, or before, 4/1/2018, orders shall be held without processing. Email or fax completed extension to contracts©mesc.orq or 928-718-3232. To terminate the contract effective 4/1/2018, email or fax a notice of your request to cancel the contract to contracts@mesc.org or 928-718-3232. You agree to complete any authorized work or orders received prior to that date. Renewals not received within 14 days following 4/1/2018 may result in cancellation of the contract. However, any authorized orders received prior to this date, shall be completed under this contracts terms and conditions. Modification of Contract (Contract Extension) (Page 2 of 3) Requested Pricing Modifications We list your contract as utilizing Fixed. Please confirm the following regarding pricing under your contract: Our contract utilized firm-fixed pricing. We agree to hold the current prices until the next contract renewal date of 4/1/2019. Our contract utilized percentage off MSRP/Retail pricing. The current price lists/catalogs are still applicable. We are requesting a price modification. A price list/catalog will be submitted by 3/19// g . (Insert Date) Remember that your firm cannot quote any new products contained in pricing submitted with your contract extension until it has been reviewed and a Contract Modification through a pricing update/product addition has been issued. Current contract pricing will remain in effect until this process is complete. Please verify that the following information is correct and accurate: POs Attn: Order Desk Shade 'N Net of Arizona, Inc. 5711 W. Washington St. Phoenix, AZ 85043 Member Contact: Rudy Martinez Contract Administrator: Annalie Badenhorst Phone Number: 602-484-7911 Fax Number: 602-484-7919 Remit to: Shade 'N Net of Arizona, Inc, Accounts Receivable 5711 W, Washington St. Phoenix, AZ 85043 Vendor Logo Currently, we have the following logo on file for use on our website in our product/vendor finder: If you wish to revise or update the logo we have on file, keep the following requirements in mind: • What file types are acceptable?Vector point files are highly recommended (such as .ai or .eps files). If you don't have access to a vector point file, a large hi-resolution (approximately 150-300 dpi) JPEG, TIFF, BITMAP, GIF or PNG file will work. Having a file with a high dpi will help keep images looking sharp if we need to resize the logo. • What file size is recommended?There is no limitation to the logo file size. Modification of Contract (Contract Extension) Vendor Benefits Description (Page 2 of 3) Currently, we have the following information on our website detailing the benefits of your contract for our members to view: Shade 'N Net has been privileged to serve Arizona schools and municipalities through the Mohave contract since 2000. In that time, products have been added and processes improved upon. Shade 'N Net has strengthened its member relationships through excellent service, quality and effort. Shade "N Net has been in business for 20+ years without any mergers, name changes, or ownership changes, etc. Likewise, the Mohave members have the ability to converse with the same professional management team that's been in place for over two decades and are welcome to visit and tour our 25,000 square foot manufacturing facility in Phoenix. Stability and reliability are two factors that members have counted on without worrying about their warranties being in jeopardy. As a proud member of Local First Arizona, Shade 'N Net is a single-owner business that supports other local businesses and pays local taxes. Statistics show that when consumers spend with locally owned businesses; it keeps up to 52 of the money in the local economy vs. 13.6 when spent on out-of-state manufacturers. Shade 'N Net specializes only in shade systems, because we do not offer any other type of product. Because of this, proper focus can be put on the members of the Mohave family and ensure that they get the best possible product, with the most advantageous pricing. Shade 'N Net takes pride in the one commodity that they supply (Sun/UV Protection), and they do it well. Shade 'N Net also under goes independent audits to maintain their Approved Steel Fabricator certification with the City of Phoenix and Clark County, Nevada. This is a very difficult, painstaking certification to attain. It does however ensure that a manufacturer holds true the highest standards including, but not limited to, strict quality control management, material traceability, welders' certification compliance, etc. If you wish to revise or update the vendors benefits information we have on file, keep the following requirements in mind: •The description should be 150-200 words that explain the benefits that your company can provide to our members through your Mohave contract. •The description should give a brief overview for members who may be accessing information about your contract from our product vendor finder on Mohave's website. •Please note that Mohave reserves the right to revise or modify the information provided either for content or length. Email or fax request for information revisions or additional information to contracts@mesc.org or 928-718-3232. If you have any questions, contact your Contract Specialist either via email at michael@mesc.org or phone 928-718-3222. MOHAVE ARIZONA COOPERATIVE PURCHASING Annalie Badenhorst Shade 'N Net of Arizona, Inc. 5711 W. Washington St. Phoenix, AZ 85043 3/9/2017 Extension of Contract (Page 1 of 3) RE: Contract # 16D-SHADE-0401 Extension of contract Agreement made by, and between, Shade 'N Net of Arizona, Inc. and Mohave Educational Services Cooperative (Mohave). In accordance with its terms and conditions, Mohave desires to extend contract 16D-SHADE-0401 for a period of one (1) year, beginning 4/1/2017. The extension shall be under the same terms and conditions contained therein. Please indicate your desire to extend by completing the appropriate information below and on the following pages. If the contract is extended, Shade 'N Net of Arizona, Inc. agrees to provide products or prices as per 16D-0304. We desire to extend the contract as specified above, and agree to abide by the current terms and conditions, and any attached clarifications. Signature e Title 67-taei (.€ Cam Typed/Printed Name f"'r▶J-e /Date 3- Please verify that the following information is correct and accurate: POs Attn: Order Desk Shade 'N Net of Arizona, Inc. 5711 W. Washington St. Phoenix, AZ 85043 Member Contact: Rudy Martinez Contract Administrator: Annalie Badenhorst Phone Number: 602-484-7911 Fax Number: 602-484-7919 Remit to: Shade 'N Net of Arizona, Inc. Accounts Receivable 5711 W. Washington St. Phoenix, AZ 85043 If both pages of this notice are not received at Mohave's Kingman office on, or before, 4/1/2017, orders shall be held without processing. Email or fax completed extension to contracts@mesc.org or (928) 718-3232. To terminate the contract effective 4/1/2016, email or fax a notice of your request to cancel the contract to contracts @mescorg or (928) 718-3232. You agree to complete any authorized work or orders received prior to that date. Renewals not received within 14 days following 4/1/2016 shall result in cancellation of the contract. However, any authorized orders received prior to this date, shall be completed under this contracts terms and conditions. Extension of Contract Vendor Benefits Description (continued) (Page 3 of 3) Shade 'N Net has been privileged to serve Arizona schools and municipalities through the Mohave contract since 2000. In that time, products have been added and processes improved upon. Shade 'N Net has strengthened its member relationships through excellent service, quality and effort, Shade 'N Net has been in business for 20+ years without any mergers, name changes, or ownership changes, etc. Likewise, the Mohave members have the ability to converse with the same professional management team that's been in place for over two decades and are welcome to visit and tour our 25,000 square foot manufacturing facility in Phoenix. Stability and reliability are two factors that members have counted on without worrying about their warranties being in jeopardy. As a proud member of Local First Arizona, Shade 'N Net is a single-owner business that supports other local businesses and pays local taxes. Statistics show that when consumers spend with locally owned businesses; it keeps up to 52 of the money in the local economy vs. 13.6 when spent on out-of-state manufacturers. Shade 'N Net specializes only in shade systems, because we do not offer any other type of product. Because of this, proper focus can be put on the members of the Mohave family and ensure that they get the best possible product, with the most advantageous pricing. Shade 'N Net takes pride in the one commodity that they supply (Sun/UV Protection), and they do it well. Shade "N Net also under goes independent audits to maintain their Approved Steel Fabricator certification with the City of Phoenix and Clark County, Nevada. This is a very difficult, painstaking certification to attain. It does however ensure that a manufacturer holds true the highest standards including, but not limited to, strict quality control management, material traceability, welders' certification compliance, etc. If you wish to revise or update the vendors benefits information we have on file, keep the following requirements in mind: •The description should be 150-200 words that explain the benefits that your company can provide to our members through your Mohave contract. •The description should give a brief overview for members who may be accessing information about your contract from our product vendor finder on Mohave's website. •Please note that Mohave reserves the right to revise or modify the information provided either for content or length. Email or fax request for information revisions or additional information to contracts@mesc.org or 928-718-3232. If you have any questions, contact your Contract Specialist either via email at michael@mesc.org or phone 928-718-3222. Extension of Contract Pricing Update We list your contract as utilizing Fixed. Please confirm the following regarding pricing under your contract: Our contract utilized firm-fixed pricing. We agree to hold the current prices until the next contract renewal date of 04/01/2018. (Page 2 of 3) Our contract utilized percentage off MSRP/Retail pricing. The current price lists/catalogs are still applicable. We are requesting a price adjustment. A price list/catalog will be submitted by 3/)a.// 7 . (Insert Date) We will provide new price list(s)/catalog(s) by . (Insert Date) Remember that your firm cannot quote any new products contained in pricing submitted with your contract renewal until it has been reviewed and approved by your Contract Specialist. Current contract pricing will remain in effect until new pricing has been reviewed and approved. Vendor Logo Currently, we have the following logo on file for use on our website in our product/vendor finder: If you wish to revise or update the logo we have on file, keep the following requirements in mind: • What file types are acceptable?Vector point files are highly recommended (such as .ai or .eps files). If you don't have access to a vector point file, a large hi-resolution (approximately 150-300 dpi) JPEG, TIFF, BITMAP, GIF or PNG file will work. Having a file with a high dpi will help keep images looking sharp if we need to resize the logo. • What file size is recommended?There is no limitation to the logo file size. Vendor Benefits Description Currently, we have the following information on our website detailing the benefits of your contract for our members to view: 625 East Beale Street, Kingman, AZ 86401 Phone: (928) 753-6945 Fax: (928) 718-3232 mesc.org 16D-SHADE-0401 Contract Amendments C) HAVE ARIZONA COOPERATIVE PURCHASING Mohave Contract 16D-SHADE-0401 Shade 'N Net of Arizona, Inc. Via Email May 16, 2017 Agreement To Amend the Terms and Conditions of the Existing Contract In order for Mohave Educational Services Cooperative, Inc.'s (Mohave's) contracts to comply with Federal Education Department General Administration Regulations (EDGAR) requirements, Mohave is amending its existing contracts. Please review, initial next to each requirement, sign the bottom of the amendment and return to Mohave no later than June 16, 2017. The Terms and Conditions of your contract have been modified as follows: A. Anti-Lobbying Certification: In accordance with the Federal Acquisition Regulation, 52.203-11: (a)The definitions and prohibitions contained in the clause, at FAR 52.203-12, Limitation on Payments to Influence Certain Federal Transactions, included in this solicitation, are hereby incorporated by reference in paragraph (b) of this certification. (b)The bidder, by signing this amendment, hereby certifies to the best of his or her knowledge and belief that on or after December 23, 1989— (1)No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of this contract; (2)If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with this solicitation, the bidder shall complete and submit, with its bid, OMB standard form LLL, Disclosure of Lobbying Activities, to the Contracting Officer; and (3)He or she will include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly. (c)Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by section 1352, Title 31, United States Code. Any person who makes expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure. Initial Agreement as the Authorized Representative of the Contract Vendor B. Clean Air Act, Clean Water Act and Environmental Protection Agency Regulations: Contract vendor and its subcontractors shall comply with all applicable standards, orders or requirements issued under section 306 of the Clean Air Act, section 508 of the Clean Water Act, Executive Order 11738 and Environmental Protection Agency regulations (7 CFR 3016.36 (i) (12)). This shall only apply to federally funded projects subject to the Clean Air Act, Clean Water Act and current appli able EPA regulations. Initial Agreement as the Authorized Representative of the Contract Vendor Mohave Educational Services Cooperative, Inc. 625 E. Beale St. • Kingman • AZ • 86401 • 928-753-6945 • www.mesc.org M C HAVE ARIZONA COOPERATIVE PURCHASING C. Energy Policy and Conservation Act: Contract vendor and its subcontractors shall comply with mandatory standards and policies relating to energy efficiency (7 CFR 3016.36 (i) (13)). This shall only apply to federally funded projects subject to current applicable energy policies and the Energy Conservation Act. Initial Agreement as the Authorized Representative of the Contract Vendor D. Procurement of recovered material: Contract vendor and its subcontractors shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as stated in 2 CFR 200.321. Initial Agreement as the Authorized Representative of the Contract Vendor E. Rights to inventions: Rights to inventions made under a contract or agreement as specified under Appendix II to 2 CFR shall apply for federally funded projects. Initial Agreement as the Authorized Representative of the Contract Vendor F. Subcontracts: Prime Contractor, if subcontracts are to be let, will allow all business to have an equal opportunity to sign up as a prospective bidder for work assigned under this contract. jt Initial Agreement as the Authorized Representative of the Contract Vendor Failure to sign and return EDGAR amendment by close of business on June 16, 2017 may result in your contract being placed on hold or canceled. Amendment will take effect July 1, 2017. IfAnria. lie : . -nhorst Shade 'N Net of Arizona, Inc. Dated Dated May 16, 2017 Anita McLemore, Executive Director Mohave Educational Services Cooperative, Inc. Mohave Educational Services Cooperative, Inc. o25 E. Bcalc Sl. • Ku-clyin • AZ • 86401 • 928-753-6945 • www.mesc.org 4111 MOHAVE 1/1111111111111. ARIZONA COOPERATIVE PURCHASING Mohave Contract 16D-SHADE-0401 Shade 'N Net of Arizona, Inc. Via Email September 6, 2016 Agreement To Amend the Terms and Conditions for Certification In order for Mohave Educational Services Cooperative, Inc.'s (Mohave's) contracts to comply with new legislation that went into effect August 6, 2016, Mohave is amending its existing contracts. This law "prohibits public entities from entering into contract with a company to acquire or dispose of services, supplies from information technology or construction, unless the contract includes a written certification that the company is not currently engaged in, and agrees for the duration of the contract to not engage in, a boycott of Israel." The Terms and Conditions of your contract have been modified as follows: 6. CERTIFICATION By signing the amendment below, bidder certifies the following: •Bidder shall comply with ARS §35-393.01 and certify that they are not currently engaged in, and agree that for the duration of the contract to not engage in, a boycott of Israel. Dated 16 116 Shade 'N Net of Arizona, Inc. Dated September 6, 2016 Anita McLemore, Interim Executive Director Mohave Educational Services Cooperative, Inc. Mohave Educational Services Cooperative, Inc. 625 E. Beale St. • Kinsman • AZ • 86401 • 928-753-6945 • www.mesc.ors M ()HAVE ARIZONA COOPERATIVE PURCHASING Mohave Contract 16D-SHADE-0401 Shade 'N Net of Arizona, Inc. Via Email June 14, 2016 Agreement To Amend The Standard Terms And Conditions for Construction; Performance And Payment Bonds Mohave Educational Services Cooperative, Inc.'s (Mohave) previous contract requirements for payment and performance bonding included reference to statute, title, and/or rules, and specific vendor actions, and acknowledgment from the member when waiving performance and payment bonding. However, these requirements may not be applicable to all members. This amendment replaces the previous requirements in the Special Terms and Conditions regarding issuing performance and payment bonds. The Special Terms and Conditions have been modified as follows: 12 . PERFORMANCE AND PAYMENT BONDS 12.1. Issuing performance and payment bonds: It shall be the sole responsibility of the member to determine if any applicable performance and payment bonding requirements apply to the procurement under an awarded contract. Member must request that the contract vendor provide the performance and payment bonds that meets the requirements prior to project implementation. The contract vendor shall supply Mohave with a copy of the procured bonds upon request. If the contract vendor fails to deliver any required performance or payment bonds requested by the member, the contract with Mohave may be canceled. 12.2. Payment bond requirement: An irrevocable payment bond shall be executed in an amount equal to 100% of the price specified in the contract between the member and the contract vendor by a surety company authorized to do business in Arizona. This bond will protect all persons supplying labor and material to the contract vendor for the performance of the work provided in the contract. 12.3. Performance bond requirement: An irrevocable performance bond shall be executed in an amount equal to 100% of the price specified in the contract between the member and the contract vendor by a surety company authorized to do business in Arizona. This agreement shall be effective July 1, 2016. Signature below indicates agreement to modifications as listed above. Ann. enho t Shade 'N Net of Arizona, Inc. ated i Z4/8 62 -.1,01')If40-4,t4......Dated June 14, 2016 Anita McLemore, Interim Executive Director Mohave Educational Services Cooperative, Inc. Mohave Educational Seivices Cooperative, Inc. 625 E. Beale St. • Kin3rnan • AZ • 86401 • 928-753-6945 • vvw.N.rnesc.orT3 ITEM 8. D. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/17/2020 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Public Works Prepared by: Jeff Pierce, Streets Superintendent Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION OF  approving the Cooperative Purchase Agreement C2020-065 between M.R. Tanner Development & Construction, Inc. and the Town of Fountain Hills for Street Maintenance and Repair Services. Staff Summary (Background) By utilizing State, County and City Government cooperative purchasing agreement contracts, the Town has been able to take advantage of competitive pricing from other municipalities' bidding processes. This cooperative purchasing agreement is an excellent example of this process. Recently, the City of Chandler solicited bids for Street Maintenance & Repair Services (RFP #PW0-745-4123). The City of Chandler's Council selected and awarded the contract to M.R. Tanner Development & Construction, Inc. The company has agreed to extend Chandler's contract pricing to the Town of Fountain Hills. In a typical fiscal year, the Public Works Department would have $2.5 million to expend on pavement management actitivities.  Due to carryover of unexpended funding from prior years, the Public Works Department is proposing to utilize the carryover of $900,000 for a total of $3.4 million in the Streets Fund for undertaking additional road segments this spring.  The contract with M.R. Tanner will cover the remainder of this fiscal year and address future pavement maintenance and repair in outlying years due to the additional years left on the multi-year cooperative purchasing agreement.   The pavement segments in the downtown to be undertaken this year include:  Avenue of the Fountains, La Montana to Saguaro Parkview, La Montana to Saguaro Verde River, Avenue of the Fountains to Palisade The residential pavement segments for inclusion are as follows:  La Montana, El Lago to Arroyo Vista Arroyo Vista, Fountain Hills Blvd to Hawk Segundo, Fountain Hills Blvd to La Montana Fountain Frontage road, Chama to Segundo Indigo, Emerald to Kingstree Indian Wells, Saguaro to Nicklaus Indian Wells, Saguaro to Nicklaus The attached maps show all of the proposed locations to be worked on this spring. Related Ordinance, Policy or Guiding Principle Town adopted Procurement Policy Risk Analysis Failure to secure a long term contract for street maintenance and repair could delay projects and result in higher pricing. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends the approval of the Cooperative Purchasing Agreement C2020-065 with M.R. Tanner Development & Construction, Inc. SUGGESTED MOTION MOVE to approve Cooperative Purchasing Agreement C2020-065. with M.R Tanner in the amount of $3,400,000.00 for Pavement Management Projects. Fiscal Impact Fiscal Impact:$3,400,000 Budget Reference:288-289 Funding Source:Streets If Multiple Funds utilized, list here: Budgeted: if No, attach Budget Adjustment Form:Yes Attachments CPA  Chandler RFP  Chandler Agreement Signed  Residential locations  Down Town  Form Review Inbox Reviewed By Date Public Works Director Jeff Pierce 02/12/2020 08:08 AM Streets Superintendent (Originator)Jeff Pierce 02/12/2020 08:11 AM Public Works Director Justin Weldy 02/19/2020 10:09 AM Streets Superintendent (Originator)Jeff Pierce 02/19/2020 10:11 AM Town Attorney Aaron D. Arnson 02/19/2020 10:30 AM Town Manager Elizabeth A. Burke 03/05/2020 08:06 AM Town Manager Elizabeth A. Burke 03/05/2020 08:06 AM Public Works Director Justin Weldy 03/05/2020 12:45 PM Town Manager Grady E. Miller 03/05/2020 01:24 PM Finance Director David Pock 03/05/2020 04:33 PM Town Manager Grady E. Miller 03/05/2020 05:41 PM Form Started By: Jeff Pierce Started On: 01/28/2020 05:44 AM Final Approval Date: 03/05/2020  Contract No. 2020-065 COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND M.R. TANNER DEVELOPMENT AND CONSTRUCTION, INC. THIS COOPERATIVE PURCHASING AGREEMENT (this “Agreement”) is entered into as of February 18, 2020, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”), and M.R. Tanner Development and Construction, Inc., an Arizona corporation (the “Contractor”). RECITALS A. After a competitive procurement process, the City of Chandler (the “City”) entered into Contract No. PW0-745-4123 (the “City Contract”), for the Contractor to provide street maintenance and repair services. A copy of the City Contract is on file with the Town and is incorporated herein by reference as Exhibit A. 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 necessary staff, services and associated resources to provide the City with street maintenance and repair services (the “Materials and Services”), and (iii) setting the maximum aggregate amount to be expended pursuant to this Agreement related to the Materials and Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree as follows: 1. Term of Agreement. This Agreement shall be effective as of the date first set forth above and shall remain in full force and effect until February 17, 2021 (the “Initial Term”), unless terminated as otherwise provided in this Agreement or the City Contract. After the expiration of the Initial Term, this Agreement may be renewed for up to four successive one-year terms (each, a “Renewal Term”) if: (i) it is deemed in the best interests of the Town, subject to availability and appropriation of funds for renewal in each subsequent year, (ii) the term of the City Contract has not expired or has been extended, (iii) at least 30 days prior to the end of the then-current term of this Agreement, the Contractor requests, in writing, to extend this Agreement for an additional one-year term and (iv) the Town approves the additional one-year term in writing (including any price adjustments approved as part of the City Contract), as evidenced by the Town Manager’s signature thereon, which approval may be withheld by the Town for any reason. The Contractor’s failure to seek a renewal of this Agreement shall cause this Agreement to terminate at the end of the then-current term of this Agreement; provided, however, that the Town may, at its discretion and with the agreement of the Contractor, elect to waive this requirement and renew this Agreement. The Initial Term and any Renewal Term(s) are collectively referred to herein as the “Term.” Upon renewal, the terms and conditions of this Agreement shall remain in full force and effect. 2. Scope of Work. This is an indefinite quantity and indefinite delivery Agreement for Materials and Services under the terms and conditions of the City Contract. The Town does not guarantee any minimum or maximum number of purchases will be made pursuant to this Agreement. Purchases will be made only when the Town identifies a need and proper authorization and documentation have been approved. For purchase(s) determined by the Town to be appropriate for this Agreement, the Contractor shall provide the specific Materials and Services to the Town in such quantities and configurations agreed upon between the parties, in a written invoice, quote, materials order or other form of written agreement describing the materials to be delivered (each, a “Materials Order”). Each Materials Order shall (i) contain a reference to this Agreement and the City Contract and (ii) be attached hereto as Exhibit B and incorporated herein by reference. A Materials Order submitted without referencing this Agreement and the City Contract will be subject to rejection. Contractor acknowledges and agrees that a Materials Order containing unauthorized exceptions, conditions, limitations, or provisions in conflict with the terms of this Agreement, other than Town’s project-specific requirements, is hereby expressly declared void and shall be of no force and effect. 2.1 Inspection; Acceptance. All Materials and Services are subject to final inspection and acceptance by the Town. Materials failing to conform to the requirements of this Agreement and/or the City Contract will be held at Contractor’s risk and may be returned to the Contractor. If so returned, all costs are the responsibility of the Contractor. Upon discovery of non- conforming Materials or Services, the Town may elect to do any or all of the following by written notice to the Contractor: (i) waive the non-conformance; (ii) stop the work immediately; or (iii) bring Materials or Services into compliance and withhold the cost of same from any payments due to the Contractor. 2.2 Cancellation. The Town reserves the right to cancel any work order within a reasonable time after issuance. Should a work order be canceled, the Town agrees to reimburse the Contractor, but only for actual and documentable costs incurred by the Contractor due to and after issuance of the work order. The Town will not reimburse the Contractor for any costs incurred after receipt of the Town notice of cancellation, or for lost profits, shipment of product prior to issuance of a work order or for anything not expressly permitted pursuant to this Agreement. 3. Compensation. The Town shall pay the Contractor an amount not to exceed $3,400,000.00 during the Initial Term of the Agreement for the Materials and Services at the rates set forth in the City Contract. The aggregate not-to-exceed amount, inclusive of all Renewal Terms, shall not exceed $3,400,000.00. 4. Payments. The Town shall pay the Contractor monthly, based upon acceptance and delivery of Materials and/or Services performed and completed to date, and upon submission and approval of invoices. Each invoice shall (i) contain a reference to this Agreement and the City Contract and (ii) document and itemize all work completed to date. The invoice statement shall include a record of materials delivered, time expended, and work performed in sufficient detail to justify payment. Additionally, invoices submitted without referencing this Agreement and the 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 evaluation of the Contractor’s and its subcontractors’ compliance with the Arizona employer sanctions laws referenced in Section 6 below. To the extent necessary for the Town to audit Records as set forth in this Section, Contractor and its subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the Town shall have access to said Records, even if located at its subcontractors’ facilities, from the effective date of this Agreement for the duration of the work and until three years after the date of final payment by the Town to Contractor pursuant to this Agreement. Contractor and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this Section. The Town shall give Contractor or its subcontractors reasonable advance notice of intended audits. Contractor shall require its subcontractors to comply with the provisions of this Section by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 6. E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41- 4401, the Contractor and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E-verify requirements under ARIZ. REV. STAT. § 23-214(A). Contractor’s or its subcontractors’ failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. 7. Israel. Contractor certifies that it is not currently engaged in and agrees for the duration of this Agreement that it will not engage in a “boycott,” as that term is defined in ARIZ. REV. STAT. § 35-393, of Israel. 8. Conflict of Interest. This Agreement may be canceled by the Town pursuant to ARIZ. REV. STAT. § 38-511. 9. Applicable Law; Venue. This Agreement shall be governed by the laws of the State of Arizona and a suit pertaining to this Agreement may be brought only in courts in Maricopa County, Arizona. 10. Agreement Subject to Appropriation. The Town is obligated only to pay its obligations set forth in this Agreement as may lawfully be made from funds appropriated and budgeted for that purpose during the Town’s then current fiscal year. The Town’s obligations under this Agreement are current expenses subject to the “budget law” and the unfettered legislative discretion of the Town concerning budgeted purposes and appropriation of funds. Should the Town elect not to appropriate and budget funds to pay its Agreement obligations, this Agreement shall be deemed terminated at the end of the then-current fiscal year term for which such funds were appropriated and budgeted for such purpose and the Town shall be relieved of any subsequent obligation under this Agreement. The parties agree that the Town has no obligation or duty of good faith to budget or appropriate the payment of the Town’s obligations set forth in this Agreement in any budget in any fiscal year other than the fiscal year in which this Agreement is executed and delivered. The Town shall be the sole judge and authority in determining the availability of funds for its obligations under this Agreement. The Town shall keep Contractor informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is not a general obligation or indebtedness of the Town. Contractor hereby waives any and all rights to bring any claim against the Town from or relating in any way to the Town's termination of this Agreement pursuant to this section. 11. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, 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. 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 the City and shall be the “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 the 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 Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the Contractor, its officers, employees, agents, or any tier of subcontractor in the performance of this 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 E. Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Grady E. Miller, Town Manager With copy to: Pierce Coleman PLLC 4711 E. Falcon Dr., Ste. 111 Mesa, Arizona 85215 Attn: Aaron D. Arnson, Town Attorney If to Contractor: M.R. Tanner Development and Construction, Inc. 1327 W. San Pedro St. Gilbert, Arizona 85233 Attn: Josh Skinner or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received: (i) when delivered to the party, (ii) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (iii) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party’s counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a 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 APPEAR ON FOLLOWING PAGES] IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. “Town” TOWN OF FOUNTAIN HILLS, an Arizona Municipal Corporation ________________________________ Grady E. Miller, Town Manager ATTEST: ________________________________ Elizabeth A. Burke, Town Clerk APPROVED AS TO FORM: ________________________________ Aaron D. Arnson, Town Attorney (ACKNOWLEDGEMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On ____________________, 2020, 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] EXHIBIT A TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND M.R. TANNER DEVELOPMENT AND CONSTRUCTION, INC. [City Contract] See following pages. EXHIBIT B TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND M.R. TANNER DEVELOPMENT AND CONSTRUCTION, INC. [Materials Order] See following pages (to be attached subsequent to execution). CITY OF CHANDLER NOTICE OF REQUEST FOR PROPOSAL PW0-745-4123 Page 1 of 44 SOLICITATION TITLE: STREET MAINTENANCE AND REPAIR SERVICES SOLICITATION NO.: PW0-745-4123 PROPOSAL DUE DATE: October 24, 2019 PROPOSAL DUE TIME: 4:00 pm local Arizona time LOCATION: Purchasing Division 175 S. Arizona Ave, 3rd Floor Chandler, Arizona 85225 PRE-PROPOSAL CONFERENCE: October 10, 2019 10:00 am local Arizona time Purchasing Division Conference Room 175 S. Arizona Ave., 3rd Floor, Chandler CONTACT: Raquel McMahon, CPPB Procurement Officer Phone: (480) 782-2407 Email: raquel.mcmahon@chandleraz.gov ISSUE DATE: September 27, 2019 Sealed proposals for the commodity or service specified will be received by the Purchasing Division, City of Chandler, 175 S. Arizona Ave, 3rd Floor, Chandler, Arizona 85225, until the time and date cited above. Proposals must be in the actual possession of the Purchasing Division Office and stamped as received by a member of the Purchasing Division staff on or prior to the exact time and date indicated above. Instructions for preparing proposals are provided on the following pages. RFP Summary: The City is requesting proposals from qualified offerors to provide the City with street maintenance and repair services pursuant to the attached agreement. CITY OF CHANDLER NOTICE OF REQUEST FOR PROPOSAL PW0-745-4123 Page 2 of 44 INFORMATION AND INSTRUCTIONS TO PROPOSERS 1. Vendor Registration. Proposers must register via the on-line vendor registration system to automatically receive notification of addenda to this solicitation or notice of other solicitation opportunities. Visit https://www.chandleraz.gov/business/vendor-services/purchasing, select Vendor Registration and Management. 2. Addendum. This RFP may only be modified by a written addendum. Proposers are responsible for obtaining all addenda. A Proposer must not rely on verbal responses to inquiries. A verbal reply to an inquiry does not constitute a modification of the solicitation. 3. Late Proposals Late proposals will not be accepted. It is the sole responsibility of the Proposer to ensure that its proposal is received at or prior to the exact date and time indicated on the Notice Page. 4. Cost of Proposal Preparation. The City will not reimburse any Proposer the cost of responding to a solicitation. 5. Duty to Examine. It is the responsibility of each Proposer to examine the entire solicitation, seek clarification and make inquiries, and examine its proposal for accuracy before submitting it. Lack of care in preparing a proposal will not be grounds for modifying or withdrawing the proposal after the due date and time, nor will it give rise to any claim. 6. Inquiries. Any inquiry related to this solicitation, including any requests for or inquiries regarding standards referenced in the solicitation must be directed solely to the Procurement Officer listed on the cover page of the solicitation. Proposers will not contact or direct inquiries concerning this solicitation to any other City employee unless the solicitation specifically identifies a person other than the Procurement Officer as a contact. All inquiries, except those at the Pre-Proposal Conference, should be submitted in writing and refer to the appropriate solicitation number, page and paragraph. The City will consider the relevancy of all inquiries but is not required to respond in writing. Any inquiry must be submitted as soon as possible and should be submitted at least ten days before the proposal due date and time for review and determination by City. Failure to do so may result in the inquiry not being addressed in a solicitation addendum. 7. Exceptions to the Solicitation. Any exception to the solicitation must be submitted as soon as possible and should be submitted at least ten days before the proposal due date and time for review and determination by City. Failure to do so may result in the exception not being addressed in a solicitation addendum. 8. Proposal Amendment or Withdrawal. A proposal may be withdrawn at any time before the due date and time. A proposal may not be amended or withdrawn after the due date and time except as otherwise provided by applicable law. 9. Facsimile or Electronic Mail Proposals. Proposals may not be submitted by facsimile or via electronic mail. A facsimile or electronic mail proposal will be rejected. 10. Typed or Ink Corrections. The proposal must be typed or in ink. Erasures, interlineations or other modifications in the proposal must be initialed in ink by the person signing the proposal. CITY OF CHANDLER NOTICE OF REQUEST FOR PROPOSAL PW0-745-4123 Page 3 of 44 11. Modifications. Modifications will not be permitted after proposals have been opened except as otherwise provided under applicable law. 12. Unit Price Prevails. In the case of discrepancy between the unit price or rate and the extension of that unit price or rate, the unit price or rate will govern. 13. Non-Collusion and Non-Discrimination. By signing and submitting the proposal, the Proposer certifies that: The Proposer did not engage in collusion or other anti-competitive practices in connection with the preparation or submission of its proposal; and the Proposer does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, age, sex, national origin, or disability, and that it complies with all applicable Federal, state and local laws and executive orders regarding employment. 14. Waiver and Rejection Rights. The City reserves the right to waive any immaterial defect or informality; or reject any or all proposals, or portions thereof; or reissue the Request for Proposal; and will be the sole judge of the merits of the proposals received. 15. Proposal Opening. Proposals will be opened as indicated on the Notice Page, unless amended in writing by the Procurement Officer issuing the solicitation. The name of each Proposer will be read at the proposal opening and no other information will be publicly disclosed at that time. 16. Public Record. All proposals submitted in response to this solicitation and all evaluation related records will become property of City and will become a matter of public record for review, subsequent to publication by the City of the proposed award in the agenda for the City Council Meeting, or upon award by the appropriate approving authority or as otherwise required by law. 17. Confidential Information. A request for nondisclosure of data such as trade secrets or other proprietary information must be submitted with the proposal and must contain the basis for the request. Price is not confidential and will not be withheld. A blanket statement of confidentiality will not be considered. It is the Proposer’s responsibility to identify and segregate the information in the proposal provided to the City. The City will review all requests for confidentiality and may approve or deny all or portions of the request. Information denied confidentiality will be released as public information. In the event of a public records request for information granted confidentiality, the City will endeavor provide 48- hours’ notice before releasing materials in order for the Proposer to apply for a court order blocking the release of the information. 18. Proposal Acceptance Period. All proposals will remain valid for 120 days after the day of the opening of proposals. The City may, at its sole discretion, release any proposal and return any security (as applicable) prior to that date. No Proposer may withdraw a proposal during this period without written permission from the City. Should any Proposer refuse to enter into an agreement, under the terms and conditions of the procurement, the City may retain any security (as applicable) as liquidated damages. 19. Discussions with Proposers and Revisions to Proposals. Discussions and additional investigations may be conducted with responsible Proposers who submit proposals determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements. Proposers will be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals, CITY OF CHANDLER NOTICE OF REQUEST FOR PROPOSAL PW0-745-4123 Page 4 of 44 and such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final proposals. In conducting discussions, there will be no disclosure of any information derived from proposals submitted by competing Proposers. The purposes of such discussions will be to: determine in greater detail such Proposer’s qualifications; explore with the Proposer the scope and nature of the project, the Proposer’s proposed method of performance, and the relative utility of alternate methods of approach; determine that the Proposer will make available the necessary personnel and facilities to perform within the required time; agreeing upon compensation, which is fair and reasonable, taking into account the estimated value of the required services, and the scope, complexity and nature of such services. 20. Clarifications. City reserves the right to obtain Proposer clarifications where necessary to arrive at full and complete understanding of Proposer’s product, service, and solicitation response. Clarification means a communication with a Proposer for the purpose of eliminating ambiguities in the proposal and does not give Proposer an opportunity to revise or modify its proposal. 21. Agreement Negotiations. City reserves the right to conduct exclusive or concurrent negotiations with responsible Proposer(s) for the purpose of agreeing to the conditions, terms and price of the proposed agreement unless prohibited. Proposers will be accorded fair and equal treatment in conducting negotiations and there will be no disclosure of any information derived from proposals submitted by competing Proposers. Exclusive or concurrent negotiations will not constitute an agreement award nor will it confer any property rights to the successful Proposer. In the event the City deems that negotiations are not progressing, the City may formally terminate these negotiations and may enter into subsequent concurrent or exclusive negotiations with the next most qualified Proposer(s). 22. Payment. Proposers may agree to accept the City Procurement Card (Mastercard) for payment. Proposers should indicate on the Proposer Information and Offer Section of this RFP, their willingness to accept City Procurement Card payments. The inability to accept payment by City Procurement Card will not disqualify a Proposer’s response. Proposers may also agree to accept other traditional payment methods, including automated clearinghouse (ACH). Payment terms for traditional payment methods are Net 30 upon receipt of an accurate invoice. Proposers may propose additional discounts for early payment within their proposal. 23. Local Business Consideration. Where the Chandler Administrative Regulation MS-16 Local Business Consideration is applicable, any applicable Chandler Transaction Privilege Tax will be deducted from the net cost for the purpose of evaluation. 24. Protests. A protest must be in writing and be filed with the Purchasing Division. A protest of a solicitation must be received not less than five days before the solicitation opening date. A protest of a proposed award requiring City Council approval must be filed within five calendar days of the first posting of the award recommendation. Award recommendations are posted on the Purchasing web site at www.chandleraz.gov/purchasing and/or the City Clerk web site at http://www.chandleraz.gov/default.aspx?pageid=1007 If the protest due date occurs on a weekend or holiday, the protest must be filed the next business day. CITY OF CHANDLER NOTICE OF REQUEST FOR PROPOSAL PW0-745-4123 Page 5 of 44 A protest of an award not requiring City Council approval (less than $50,000 or $30,000 for Consultants) must be submitted within ten calendar days of the date the protester knows or should have known the basis of the protest. A protest must include: • The name, address and telephone number of the protester; • The signature of the protester or its representative; • Identification of the project and the solicitation or agreement number; • A detailed statement of the legal and factual grounds of the protest including copies of relevant documents; and the form of relief requested. The City will review the protest and may issue a written response. 25. Award. Unless otherwise provided in this solicitation, the City reserves the right to make multiple awards, award by item, group or as a total, as is deemed most advantageous to the City. 26. Execution of Agreement. Within ten days of notice that Proposer is the recommended awardee, Proposer will execute and return the original Agreement to Purchasing. 27. Persons with Disabilities. Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the Procurement Officer. Requests must be made as early as possible to allow time to arrange the accommodation. CITY OF CHANDLER NOTICE OF REQUEST FOR PROPOSAL PW0-745-4123 Page 6 of 44 PROPOSAL CONTENT Proposers must submit one original proposal and 5 copies. Any forms provided in this solicitation or their substantial equivalent must be completed and submitted with the proposal. Any substitute document must be legible and contain the same information requested on the forms. The proposal must be submitted in a sealed package with the REQUEST FOR PROPOSAL TITLE , REQUEST FOR PROPOSAL NUMBER, PROPOSAL DUE DATE AND TIME and PROPOSER'S NAME AND ADDRESS must be written on the outside of the package. The City may open packages in advance of the due date to identify contents if the package is not clearly identified. Proposals should include the following information in the order listed: 1. Completed Proposer Information and Offer Section. Complete and submit the Proposer Information and Offer Section in the format provided in this solicitation. Failure to do so may result in the proposal being rejected as non-responsive. The Proposer Information and Offer Section within the solicitation must include a signature by a person authorized to sign the proposal. The signature must signify the Proposer’s intent to be bound by its Proposal and the terms of the solicitation and that the information provided is true, accurate and complete. Failure to submit verifiable evidence of intent to be bound, such as an original signature, may result in rejection of the proposal. 2. Responses to Proposal Evaluation Criteria. Submit information requested in the Evaluation Criteria Section provided in this solicitation. Failure to do so may result in the proposal being rejected as non-responsive. 3. Exceptions to Agreement. The City’s standard Agreement is included as a part of this solicitation. By submitting a proposal, the Proposer acknowledges having reviewed the Agreement. Any exceptions to the Scope of Work or Specifications or to Agreement terms and conditions must be included with the proposal and be clearly identified. Exceptions not included in the proposal may not be introduced in the future. Any exceptions to the Scope of Work, Specifications or the Agreement language will be considered and included in City’s evaluation of the proposal. A proposal that takes exception to a material requirement of any part of the Scope of Work, Specifications or Agreement language may be rejected as non-responsive. 4. Disclosure. If the Proposer has been debarred, suspended or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any Federal, state or local government, or if any such preclusion is currently pending, the Proposer must make disclosure. In the proposal, the Proposer must include information including the name and address of the governmental entity, the effective date and duration of this suspension or debarment, and the relevant circumstances. The City reserves the right to reject a proposal received from a Proposer, including each of its principals, who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity. CITY OF CHANDLER NOTICE OF REQUEST FOR PROPOSAL PW0-745-4123 Page 7 of 44 PROPOSER INFORMATION AND OFFER SECTION Company Name Business Type (Corporation, Partnership, etc.) State of Incorporation (if applicable) Federal Tax I.D. No. Address City, State, Zip Authorized Signature Name and Title Contact Name Title Telephone E-mail Chandler Transaction Privilege Tax (TPT) No. (if applicable) Date of issue: Is proposed purchase subject to TPT? _______yes _______no Will you accept a City Procurement Card (MasterCard) for payment of invoices? _______yes _______no If you accept a MasterCard for payment, do you charge a fee? _______yes _______no If yes, what is the fee?______ Will you accept automated clearinghouse (ACH) for payment of invoices? _______yes _______no Prompt Payment Terms Offered _______% Net _________ days Disclosure of Debarment or Suspension _______yes _______no (If yes, please attach description of the circumstances) Exceptions Taken _______yes _______no (If yes, please attach a clearly identified section) Date Addendum #1 Acknowledged/Received Date Addendum #2 Acknowledged/Received Date Addendum #3 Acknowledged/Received CITY OF CHANDLER NOTICE OF REQUEST FOR PROPOSAL PW0-745-4123 Page 8 of 44 EVALUATION CRITERIA Qualifications and Experience 40% • Provide a brief history of the company including number of years in business, primary business focus and number of years providing the services described in the Scope of Work • Provide the name and contact information of the individual in your company the City should contact regarding questions about your RFP submission. The contact information should include the name of the individual, telephone number and e-mail address. • Provide the qualifications of the company and its leadership relative to the services described in the Scope of Work • Provide resumes or statements of qualifications for company leadership • Provide 3 references (other than City of Chandler) relative to the services described in the Scope of Work • Provide resumes or statements of qualifications for all proposed key personnel. Identify the role of each individual and describe the reporting structure for oversight ensuring quality services • Provide a Subcontractors list intended to be utilized under the scope of this contract. (Subcontractor’s: Name, Address, Phone Number, State of Arizona Contractors License Number, and Project Scope). All Subcontractors who will be working under the scope of this contract shall require approval by the Contract Administrator or designee regardless of dollar amount, work performed, or listed herein. Method of Approach 20% • Provide a narrative that describes the approach to the Scope of Work, include a detailed services statement with methodology that comprehensively defines and describes the individual tasks involved in performing street maintenance and repair services. This statement may be based on, but is not limited to, the information provided in the Scope of Services. • Indicate any third parties, partners and/or subcontractors that will be used in the course of business and what their specific roles and functions will be Price Proposal 40% Complete attached Exhibit B to Agreement Compensation and Fees CITY OF CHANDLER NOTICE OF REQUEST FOR PROPOSAL PW0-745-4123 Page 9 of 44 City Clerk Document No. City Council Meeting Date: CITY OF CHANDLER SERVICES AGREEMENT STREET MAINTENANCE AND REPAIR SERVICES CITY OF CHANDLER AGREEMENT NO. PW0-745-4123 THIS AGREEMENT (Agreement) is made and entered into by and between the City of Chandler, an Arizona municipal corporation (City), and [INSERT NAME OF SERVICE PROVIDER], [INSERT JURISDICTION AND BUSINESS ORGANIZATION] (Contractor), (City and Contractor may individually be referred to as Party and collectively referred to as Parties) and made , 20 (Effective Date). RECITALS A. City proposes to contract for street maintenance and repair services as more fully described in Exhibit A, which is attached to and made a part of this Agreement by this reference. B. Contractor is ready, willing, and able to provide the services described in Exhibit A for the compensation and fees set forth and as described in Exhibit B, which is attached to and made a part of this Agreement by this reference. C. City desires to contract with the Contractor to provide these services under the terms and conditions set forth in this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the premises and the mutual promises contained in this Agreement, City and Contractor agree as follows: SECTION I: DEFINITIONS For purposes of this Agreement, the following definitions apply: Agreement means the legal agreement executed between the City and the Contractor City means the City of Chandler, Arizona Contractor means the individual, partnership, or corporation named in the Agreement Days means calendar days May, Should means something that is not mandatory but permissible Shall, Will, Must means a mandatory requirement SECTION II: CONTRACTOR’S SERVICES Contractor must perform the services described in Exhibit A to the City’s satisfaction within the terms and conditions of this Agreement and within the care and skill that a person who provides similar services in Chandler, Arizona exercises under similar conditions. All work or services furnished by Contractor under this Agreement must be performed in a skilled and workmanlike manner. Unless authorized by the City in writing, all fixtures, furnishings, and equipment furnished by Contractor as part of the work or services under this Agreement must be new, or the latest model, and of the most suitable grade and quality for the intended purpose of the work or service. CITY OF CHANDLER NOTICE OF REQUEST FOR PROPOSAL PW0-745-4123 Page 10 of 44 SECTION III: PERIOD OF SERVICE Contractor must perform the services described in Exhibit A for the term of this Agreement. The term of the Agreement is ONE year, and begins on _________ and ends on _________ unless sooner terminated in accordance with the provisions of this Agreement. The City and the Contractor may mutually agree to extend the Agreement for up to FOUR additional terms of ONE year each, or portions thereof. The City reserves the right, at its sole discretion, to extend the Agreement for up to 60 days beyond the expiration of any extension term. SECTION lV: PAYMENT OF COMPENSATION AND FEES Unless amended in writing by the Parties, Contractor's compensation and fees as more fully described in Exhibit B for performance of the services approved and accepted by the City under this Agreement must not exceed [INSERT NUMERICAL FULL AGREEMENT AMOUNT]. Contractor must submit requests for payment for services approved and accepted during the previous billing period and must include, as applicable, detailed invoices and receipts, a narrative description of the tasks accomplished during the billing period, a list of any deliverables submitted, and any subcontractor’s or supplier’s actual requests for payment plus similar narrative and listing of their work. Payment for those services negotiated as a lump sum will be made in accordance with the percentage of the work completed during the preceding billing period. Services negotiated as a not-to-exceed fee will be paid in accordance with the work completed on the service during the preceding month. All requests for payment must be submitted to the City for review and approval. The City will make payment for approved and accepted services within 30 days of the City’s receipt of the request for payment. Contractor bears all responsibility and liability for any and all tax obligations that result from Contractor’s performance under this Agreement. SECTION V: GENERAL CONDITIONS 5.1 Records/Audit. Records of the Contractor's direct personnel payroll, reimbursable expenses pertaining to this Agreement and records of accounts between the City and Contractor must be kept on the basis of generally accepted accounting principles and must be made available to the City and its auditors for up to three years following the City’s final acceptance of the services under this Agreement. The City, its authorized representative, or any federal agency, reserves the right to audit Contractor's records to verify the accuracy and appropriateness of all cost and pricing data, including data used to negotiate this Agreement and any amendments. The City reserves the right to decrease the total amount of Agreement price or payments made under this Agreement or request reimbursement from the Contractor following final contract payment on this Agreement if, upon audit of the Contractor's records, the audit discloses the Contractor has provided false, misleading, or inaccurate cost and pricing data. The Contractor will include a similar provision in all of its contracts with subcontractors providing services under the Agreement Documents to ensure that the City, its authorized representative, or the appropriate federal agency, has access to the subcontractors’ records to verify the accuracy of all cost and pricing data. The City reserves the right to decrease Contract price or payments made on this Agreement or request reimbursement from the Contractor following final payment on this Agreement if the above provision is not included in subcontractor agreements, and one or more subcontractors refuse to allow the City to audit their records to verify the accuracy and appropriateness of all cost and pricing data. If, following an audit of this Agreement, the audit discloses the Contractor has provided false, misleading, or inaccurate cost and pricing data, and the cost discrepancies exceed 1% of the total Agreement billings, the Contractor will be liable for reimbursement of the reasonable, actual cost of the audit. CITY OF CHANDLER NOTICE OF REQUEST FOR PROPOSAL PW0-745-4123 Page 11 of 44 5.2 Alteration in Character of Work. Whenever an alteration in the character of work results in a substantial change in this Agreement, thereby materially increasing or decreasing the scope of services, cost of performance, or Project schedule, the work will be performed as directed by the City. However, before any modified work is started, a written amendment must be approved and executed by the City and the Contractor. Such amendment must not be effective until approved by the City. Addi tions to, modifications, or deletions from this Agreement as provided herein may be made, and the compensation to be paid to the Contractor may accordingly be adjusted by mutual agreement of the Parties. It is distinctly understood and agreed that no claim for extra work done or materials furnished by the Contractor will be allowed by the City except as provided herein, nor must the Contractor do any work or furnish any materials not covered by this Agreement unless such work is first authorized in writing. Any such work or materials furnished by the Contractor without prior written authorization will be at Contractor's own risk, cost, and expense, and Contractor hereby agrees that without written authorization Contractor will make no claim for compensation for such work or materials furnished. 5.3 Termination for Convenience. The City and the Contractor hereby agree to the full performance of the covenants contained herein, except that the City reserves the right, at its discretion and without cause, to terminate or abandon any service provided for in this Agreement, or abandon any portion of the Project for which services have been performed by the Contractor. In the event the City abandons or suspends the services, or any part of the services as provided in this Agreement, the City will notify the Contractor in writing and immediately after receiving such notice, the Contractor must discontinue advancing the work specified under this Agreement. Upon such termination, abandonment, or suspension, the Contractor must deliver to the City all drawings, plans, specifications, special provisions, estimates and other work entirely or partially completed, together with all unused materials supplied by the City. The Contractor must appraise the work Contractor has completed and submit Contractor's appraisal to the City for evaluation. The City may inspect the Contractor's work to appraise the work completed. The Contractor will receive compensation in full for services performed to the date of such termination. The fee shall be paid in accordance with Section IV of this Agreement, and as mutually agreed upon by the Contractor and the City. If there is no mutual agreement on payment, the final determination will be made in accordance with the Disputes provision in this Agreement. However, in no event may the payment exceed the payment set forth in this Agreement nor as amended in accordance with Alteration in Character of Work. The City will make the final payment within 60 days after the Contractor has delivered the last of the partially completed items and the Parties agree on the final payment. If the City is found to have improperly terminated the Agreement for cause or default, the termination will be converted to a termination for convenience in accordance with the provisions of this Agreement. 5.4 Termination for Cause. The City may terminate this Agreement for Cause upon the occurrence of any one or more of the following events: in the event that (a) the Contractor fails to perform pursuant to the terms of this Agreement, (b) the Contractor is adjudged a bankrupt or insolvent, (c) the Contractor makes a general assignment for the benefit of creditors, (d) a trustee or receiver is appointed for Contractor or for any of Contractor’s property (e) the Contractor files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or similar laws, (f) the Contractor disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or (g) the Contractor fails to cure default within the time requested. Where Agreement has been so terminated by City, the termination will not affect any rights of City against Contractor then existing or which may thereafter accrue. 5.5 Indemnification. The Contractor (lndemnitor) must indemnify, defend, save and hold harmless the City and its officers, officials, agents and employees (lndemnitee) from any and all claims, actions, liabilities, damages, losses or expenses (including court costs, attorneys' fees and costs of claim processing, investigation and litigation) (Claims) caused or alleged to be caused, in whole or in part, by the wrongful, negligent or willful acts, or errors or omissions of the Contractor or any of its owners, CITY OF CHANDLER NOTICE OF REQUEST FOR PROPOSAL PW0-745-4123 Page 12 of 44 officers, directors, agents, employees, or subcontractors in connection with this Agreement. This indemnity includes any claim or amount arising out of or recovered under workers' compensation law or on account of the failure of the Contractor to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. The Contractor must indemnify lndemnitee from and against any and all Claims, except those arising solely from lndemnitee's own negligent or willful acts or omissions. The Contractor is responsible for primary loss investigation, defense and judgment costs where this indemnification applies. In consideration of the award of this Agreement, the Contractor agrees to waive all rights of subrogation against lndemnitee for losses arising from or related to this Agreement. The obligations of the Contractor under this provision survive the termination or expiration of this Agreement. 5.6 Insurance Requirements. Contractor must procure insurance under the terms and conditions and for the amounts of coverage set forth in Exhibit C against claims that may arise from or relate to performance of the work under this Agreement by Contractor and its agents, representatives, employees, and subcontractors. Contractor and any subcontractors must maintain this insurance until all of their obligations have been discharged, including any warranty periods under this Agreement. These insurance requirements are minimum requirements for this Agreement and in no way limit the indemnity covenants contained in this Agreement. The City in no way warrants that the minimum limits stated in Exhibit C are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Agreement by the Contractor, the Contractor’s agents, representatives, employees, or subcontractors. Contractor is free to purchase such additional insurance as may be determined necessary. 5.7 Cooperation and Further Documentation. The Contractor agrees to provide the City such other duly executed documents as may be reasonably requested by the City to implement the intent of this Agreement. 5.8 Notices. Unless otherwise provided, notice under this Agreement must be in writing and will be deemed to have been duly given and received either (a) on the date of service if personally served on the party to whom notice is to be given, or (b) on the date notice is sent if by electronic mail, or (c) on the third day after the date of the postmark of deposit by first class United States mail, registered or certified, postage prepaid and properly addressed as follows: For the City For the Contractor Name:_________________________________________ Name:_____________________________________ Title: _________________________________________ Title:______________________________________ Address: ______________________________________ Address: __________________________________ _________________________________________ _____________________________________ Phone:________________________________________ Phone: ____________________________________ Email: ________________________________________ Email:_____________________________________ 5.9 Successors and Assigns. City and Contractor each bind itself, its partners, successors, assigns, and legal representatives to the other party to this Agreement and to the partners, successors, assigns, and legal representatives of such other party in respect to all covenants of this Agreement. Neither the City nor the Contractor may assign, sublet, or transfer its interest in this Agreement without the written consent of the other party. In no event may any contractual relation be created between any third party and the City. 5.10 Disputes. In any dispute arising out of an interpretation of this Agreement or the duties required not disposed of by agreement between the Contractor and the City, the final determination at the administrative level will be made by the City Purchasing and Materials Manager. CITY OF CHANDLER NOTICE OF REQUEST FOR PROPOSAL PW0-745-4123 Page 13 of 44 5.11 Completeness and Accuracy of Contractor's Work. The Contractor must be responsible for the completeness and accuracy of Contractor's services, data, and other work prepared or compiled under Contractor's obligation under this Agreement and must correct, at Contractor's expense, all willful or negligent errors, omissions, or acts that may be discovered. The fact that the City has accepted or approved the Contractor's work will in no way relieve the Contractor of any of Contractor's responsibilities. 5.12 Withholding Payment. The City reserves the right to withhold funds from the Contractor's payments up to the amount equal to the claims the City may have against the Contractor until such time that a settlement on those claims has been reached. 5.13 City's Right of Cancellation. The Parties acknowledge that this Agreement is subject to cancellation by the City under the provisions of Section 38-511, Arizona Revised Statutes (A.R.S.). 5.14 Independent Contractor. For this Agreement the Contractor constitutes an independent contractor. Any provisions in this Agreement that may appear to give the City the right to direct the Contractor as to the details of accomplishing the work or to exercise a measure of control over the work means that the Contractor must follow the wishes of the City as to the results of the work only. These results must comply with all applicable laws and ordinances. 5.15 Project Staffing. Prior to the start of any work under this Agreement, the Contractor must assign to the City the key personnel that will be involved in performing services prescribed in the Agreement. The City may acknowledge its acceptance of such personnel to perform services under this Agreement. At any time hereafter that the Contractor desires to change key personnel while performing under the Agreement, the Contractor must submit the qualifications of the new personnel to the City for prior approval. The Contractor will maintain an adequate and competent staff of qualified persons, as may be determined by the City, throughout the performance of this Agreement to ensure acceptable and timely completion of the Scope of Services. If the City objects, with reasonable cause, to any of the Contractor's staff, the Contractor must take prompt corrective action acceptable to the City and, if required, remove such personnel from the Project and replace with new personnel agreed to by the City. 5.16 Subcontractors. Prior to beginning the work, the Contractor must furnish the City for approval the names of subcontractors to be used under this Agreement. Any subsequent changes are subject to the City’s written prior approval. 5.17 Force Majeure. If either party is delayed or prevented from the performance of any act required under this Agreement by reason of acts of God or other cause beyond the control and without fault of the Party (financial inability excepted), performance of that act may be excused, but only for the period of the delay, if the Party provides written notice to the other Party within ten days of such act. The time for performance of the act may be extended for a period equivalent to the period of delay from the date written notice is received by the other Party. 5.18 Compliance with Federal Laws. Contractor understands and acknowledges the applicability of the Americans with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to it. The Contractor agrees to comply with these laws in performing this Agreement and to permit the City to verify such compliance. CITY OF CHANDLER NOTICE OF REQUEST FOR PROPOSAL PW0-745-4123 Page 14 of 44 5.19 No Israel Boycott. By entering into this Agreement, Contractor certifies that Contractor is not currently engaged in, and agrees for the duration of the Agreement, not to engage in a boycott of Israel as defined by state statute. 5.20 Legal Worker Requirements. A.R.S. § 41-4401 prohibits the City from awarding a contract to any contractor who fails, or whose subcontractors fail, to comply with A.R.S. § 23-214(A). Therefore, Contractor agrees Contractor and each subcontractor it uses warrants their compliance with all federal immigration laws and regulations that relate to their employees and their compliance with§ 23-214, subsection A. A breach of this warranty will be deemed a material breach of the Agreement and may be subject to penalties up to and including termination of the Agreement. City retains the legal right to inspect the papers of any Contractor’s or subcontractor’s employee who provides services under this Agreement to ensure that the Contractor and subcontractors comply with the warranty under this provision. 5.21 Lawful Presence Requirement. A.RS. §§ 1-501 and 1-502 prohibit the City from awarding a contract to any natural person who cannot establish that such person is lawfully present in the United States. To establish lawful presence, a person must produce qualifying identification and sign a City-provided affidavit affirming that the identification provided is genuine. This requirement will be imposed at the time of contract award. This requirement does not apply to business organizations such as corporations, partnerships, or limited liability companies. 5.22 Covenant Against Contingent Fees. Contractor warrants that no person has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, and that no member of the Chandler City Council, or any City employee has any interest, financially, or otherwise, in Contractor’s firm. For breach or violation of this warrant, the City may annul this Agreement without liability or, at its discretion, to deduct from the Agreement price or consideration, the full amount of such commission, percentage, brokerage, or contingent fee. 5.23 Non-Waiver Provision. The failure of either Party to enforce any of the provisions of this Agreement or to require performance of the other Party of any of the provisions hereof must not be construed to be a waiver of such provisions, nor must it affect the validity of this Agreement or any part thereof, or the right of either Party to thereafter enforce each and every provision. 5.24 Disclosure of Information Adverse to the City’s Interests. To evaluate and avoid potential conflicts of interest, the Contractor must provide written notice to the City, as set forth in this Section, of any work or services performed by the Contractor for third parties that may involve or be associated with any real property or personal property owned or leased by the City. Such notice must be given seven business days prior to commencement of the services by the Contractor for a third party, or seven business days prior to an adverse action as defined below. Written notice and disclosure must be sent to the City’s Purchasing and Materials Manager. An adverse action under this Agreement includes, but is not limited to: (a) using data as defined in the Agreement acquired in connection with this Agreement to assist a third party in pursuing administrative or judicial action against the City; or (b) testifying or providing evidence on behalf of any person in connection with an administrative or judicial action against the City; or (c) using data to produce income for the Contractor or its employees independently of performing the services under this Agreement, without the prior written consent of the City. Contractor represents that except for those persons, entities, and projects identified to the City, the services performed by the Contractor under this Agreement are not expected to create an interest with any person, entity, or third party project that is or may be adverse to the City’s interests. Contractor's failure to provide a written notice and disclosure of the information as set forth in this Section constitute a material breach of this Agreement. CITY OF CHANDLER NOTICE OF REQUEST FOR PROPOSAL PW0-745-4123 Page 15 of 44 5.25 Data Confidentiality and Data Security. As used in the Agreement, data means all information, whether written or verbal, including plans, photographs, studies, investigations, audits, analyses, samples, reports, calculations, internal memos, meeting minutes, data field notes, work product, proposals, correspondence and any other similar documents or information prepared by, obtained by, or transmitted to the Contractor or its subcontractors in the performance of this Agreement. The Parties agree that all data, regardless of form, including originals, images, and reproductions, prepared by, obtained by, or transmitted to the Contractor or its subcontractors in connection with the Contractor's or its subcontractor’s performance of this Agreement is confidential and proprietary information belonging to the City. Except as specifically provided in this Agreement, Contractor or its subcontractors must not divulge data to any third party without the City’s prior written consent. Contractor or its subcontractors must not use the data for any purposes except to perform the services required under this Agreement. These prohibitions do not apply to the following data provided to the Contractor or its subcontractors have first given the required notice to the City: (a) data which was known to the Contractor or its subcontractors prior to its performance under this Agreement unless such data was acquired in connection with work performed for the City; or (b) data which was acquired by the Contractor or its subcontractors in its performance under this Agreement and which was disclosed to the Contractor or its subcontractors by a third party, who to the best of the Contractor's or its subcontractors knowledge and belief, had the legal right to make such disclosure and the Contractor or its subcontractors are not otherwise required to hold such data in confidence; or (c) data which is required to be disclosed by virtue of law, regulation, or court order, to which the Contractor or its subcontractors are subject. In the event the Contractor or its subcontractors are required or requested to disclose data to a third party, or any other information to which the Contractor or its subcontractors became privy as a result of any other contract with the City, the Contractor must first notify the City as set forth in this Section of the request or demand for the data. The Contractor or its subcontractors must give the City sufficient facts so that the City can be given an opportunity to first give its consent or take such action that the City may deem appropriate to protect such data or other information from disclosure. Unless prohibited by law, within ten calendar days after completion of services for a third party on real or personal property owned or leased by the City, the Contractor or its subcontractors must promptly deliver, as set forth in this Section, a copy of all data to the City. All data must continue to be subject to the confidentiality agreements of this Agreement. Contractor or its subcontractors assume all liability to maintain the confidentiality of the data in its possession and agrees to compensate the City if any of the provisions of this Section are violated by the Contractor, its employees, agents or subcontractors. Solely for the purposes of seeking injunctive relief, it is agreed that a breach of this Section must be deemed to cause irreparable harm that justifies injunctive relief in court. Contractor agrees that the requirements of this Section must be incorporated into all subcontracts entered into by Contractor. A violation of this Section may result in immediate termination of this Agreement without notice. 5.26 Personal Identifying Information-Data Security. Personal identifying information, financial account information, or restricted City information, whether electronic format or hard copy, must be secured and protected at all times by Contractor and any of its subcontractors. At a minimum, Contractor must encrypt or password-protect electronic files. This includes data saved to laptop computers, computerized devices, or removable storage devices. When personal identifying information, financial account information, or restricted City information, regardless of its format, is no longer necessary, the information must be redacted or destroyed through appropriate and secure methods that ensure the information cannot be viewed, accessed, or reconstructed. In the event that data collected or obtained by Contractor or its subcontractors in connection with this Agreement is believed to have been compromised, Contractor or its subcontractors must immediately notify the City contact. Contractor agrees to reimburse the City for any costs incurred by the City to investigate potential breaches of this data and, where applicable, the cost of notifying individuals who may be impacted by the breach. CITY OF CHANDLER NOTICE OF REQUEST FOR PROPOSAL PW0-745-4123 Page 16 of 44 Contractor agrees that the requirements of this Section must be incorporated into all subcontracts entered into by Contractor. It is further agreed that a violation of this Section must be deemed to cause irreparable harm that justifies injunctive relief in court. A violation of this Section may result in immediate termination of this Agreement without notice. The obligations of Contractor or its subcontractors under this Section must survive the termination of this Agreement. 5.27 Jurisdiction and Venue. This Agreement is made under, and must be construed in accordance with and governed by the laws of the State of Arizona without regard to the conflicts or choice of law provisions thereof. Any action to enforce any provision of this Agreement or to obtain any remedy with respect hereto must be brought in the courts located in Maricopa County, Arizona, and for this purpose, each Party hereby expressly and irrevocably consents to the jurisdiction and venue of such court. 5.28 Survival. All warranties, representations, and indemnifications by the Contractor must survive the completion or termination of this Agreement. 5.29 Modification. Except as expressly provided herein to the contrary, no supplement, modification, or amendment of any term of this Agreement will be deemed binding or effective unless in writing and signed by the Parties. 5.30 Severability. If any provision of this Agreement or the application to any person or circumstance may be invalid, illegal or unenforceable to any extent, the remainder of this Agreement and the application will not be affected and will be enforceable to the fullest extent permitted by law. 5.31 Integration. This Agreement contains the full agreement of the Parties. Any prior or contemporaneous written or oral agreement between the Parties regarding the subject matter is merged and superseded. 5.32 Time is of the Essence. Time of each of the terms, covenants, and conditions of this Agreement is hereby expressly made of the essence. 5.33 Date of Performance. If the date of performance of any obligation or the last day of any time period provided for should fall on a Saturday, Sunday, or holiday for the City, the obligation will be due and owing, and the time period will expire, on the first day after which is not a Saturday, Sunday or legal City holiday. Except as may otherwise be set forth in this Agreement, any performance provided for herein will be timely made if completed no later than 5:00 p.m. (Chandler time) on the day of performance. 5.34 Delivery. All prices are F.O.B. Destination and include all delivery and unloading at the specified destinations. The Contractor will retain title and control of all goods until they are delivered and accepted by the City. All risk of transportation and all related charges will be the responsibility of the Contractor. All claims for visible or concealed damage will be filed by the Contractor. The City will notify the Contractor promptly of any damaged goods and will assist the Contractor in arranging for inspection. 5.35 Third Party Beneficiary. Nothing under this Agreement will be construed to give any rights or benefits in the Agreement to anyone other than the City and the Contractor, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of City and the Contractor and not for the benefit of any other party. 5.36 Conflict in Language. All work performed must conform to all applicable City of Chandler codes, ordinances, and requirements as outlined in this Agreement. If there is a conflict in interpretation CITY OF CHANDLER NOTICE OF REQUEST FOR PROPOSAL PW0-745-4123 Page 17 of 44 between provisions in this Agreement and those in the Exhibits, the provisions in this Agreement prevail. 5.37 Document/Information Release. Documents and materials released to the Contractor, which are identified by the City as sensitive and confidential, are the City’s property. The document/material must be issued by and returned to the City upon completion of the services under this Agreement. Contractor’s secondary distribution, disclosure, copying, or duplication in any manner is prohibited without the City’s prior written approval. The document/material must be kept secure at all times. This directive applies to all City documents, whether in photographic, printed, or electronic data format. 5.38 Exhibits. The following exhibits are made a part of this Agreement and are incorporated by reference: Exhibit A - Project Description/Scope of Services Exhibit B - Compensation and Fees Exhibit C - Insurance Requirements Exhibit D - Special Conditions 5.39 Special Conditions. As part of the services Contractor provides under this Agreement, Contractor agrees to comply with and fully perform the special terms and conditions set forth in Exhibit D, which is attached to and made a part of this Agreement. 5.40 Cooperative Use of Agreement. In addition to the City of Chandler and with approval of the Contractor, this Agreement may be extended for use by other municipalities, school districts and government agencies of the State. Any such usage by other entities must be in accordance with the ordinance, charter and/or procurement rules and regulations of the respective political entity. If required to provide services on a school district property at least five times during a month, the Contractor will submit a full set of fingerprints to the school of each person or employee who may provide such service. The District will conduct a fingerprint check in accordance with A.R.S. 41-1750 and Public Law 92-544 of all Contractors, subcontractors or vendors and their employees for which fingerprints are submitted to the District. Additionally, the Contractor will comply with the governing body fingerprinting policies of each individual school district/public entity. The Contractor, sub- contractors, vendors and their employees will not provide services on school district properties until authorized by the District. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City will not be responsible for any disputes arising out of transactions made by other agencies who utilize this Agreement. 5.41 Non-Discrimination and Anti-Harassment Laws. Contractor must comply with all applicable City, state, and federal non-discrimination and anti-harassment laws, rules, and regulations. 5.42 Licenses and Permits. Beginning with the Effective Date and for the full term of this Agreement, Contractor must maintain all applicable City, state, and federal licenses and permits required to fully perform Contractor’s services under this Agreement. 5.43 Warranties. Contractor must furnish a one-year warranty on all work and services performed under this Agreement. Contractor must furnish, or cause to be furnished, a two-year warranty on all fixtures, furnishings, and equipment furnished by Contractor, subcontractors, or suppliers under this Agreement. Any defects in design, workmanship, or materials that do not comply with this Agreement must be corrected by Contractor (including, but not limited to, all parts and labor) at Contractor’s sole CITY OF CHANDLER NOTICE OF REQUEST FOR PROPOSAL PW0-745-4123 Page 18 of 44 cost and expense. All written warranties and redlines for as-built conditions must be delivered to the City on or before the City’s final acceptance of Contractor’s services under this Agreement. 5.44 Emergency Purchases. City reserves the rights to purchase from other sources those items, which are required on an emergency basis and cannot be supplied immediately by the Contractor. 5.45 Non-Exclusive Agreement. This agreement is for the sole convenience of the City of Chandler. The City reserves the right to obtain like goods or services from another source when necessary. 5.46 Budget Approval Into Next Fiscal Year. This Agreement will commence on the Effective Date and continue in full force and effect until it is terminated or expires in accordance with the provisions of this Agreement. The Parties recognize that the continuation of this Agreement after the close of the City's fiscal year, which ends on June 30 of each year, is subject to the City Council's approval of a budget that includes an appropriation for this item as expenditure. The City does not represent that this budget item will be actually adopted. This determination is solely made by the City Council at the time Council adopts the budget. This Agreement shall be in full force and effect only when it has been approved and executed by the duly authorized City officials. FOR THE CITY FOR THE CONTRACTOR By: _________________________________________ By: _________________________________________ Its: __________Mayor_____________________________ Its: ________________________________________ APPROVED AS TO FORM: By: _________________________________________ City Attorney ATTEST: By: _________________________________________ City Clerk CITY OF CHANDLER NOTICE OF REQUEST FOR PROPOSAL PW0-745-4123 Page 19 of 44 EXHIBIT A TO AGREEMENT SCOPE OF SERVICES GENERAL INFORMATION The City of Chandler Public Works and Utilities is accepting sealed bids to enter into a unit pricing term contract to provide Street Maintenance and Repair Services as specified herein. The Estimated total value of the contract is estimated at $500,000 year one (1), with options to renew for up to four (4) additional one-year periods. The Bidder is encouraged to read the Solicitation documents very carefully, as the City shall not be responsible for errors and omissions on the part of the Bidder. The Bidder is also encouraged to carefully review their final submittal documents, as the Evaluation Committee is not required to make interpretations or correct detected errors in calculations. Bidder shall familiarize themselves with the nature and extent of the solicitation and contract documents, work to be performed, all local conditions, and federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the work. GENERAL VENDOR QUALIFICATIONS The Contractor shall be in compliance with all applicable Federal, State, Local, ANSI and OSHA laws, rules and regulations and all other applicable regulations for the term of this contract. The Contractor, without additional expense to the City, shall be responsible for obtaining and maintaining any necessary licenses and permits required in connection with the completion of the required services herein. The Bidder must hold a valid license issued by the State of Arizona Registrar of Contractors prior to submission of a proposal/bid and must maintain same throughout the duration of the contract term and any subsequent contract extensions. Failure to maintain said license may be grounds for default of the contract and subsequent termination. The Contractor may not subcontract any segment or services covered herein, without prior approval of the Contract Administrator. All subcontractors used under the scope of this contract shall meet all requirements, terms and conditions set forth herein. All subcontracted services shall be warranted by and be the responsibility of the Contractor. All products supplied by the Contractor shall meet all applicable Federal, State, Local, ANSI, and OSHA laws, rules, and regulations pertaining to the products covered under the scope of this contract. CITY OF CHANDLER NOTICE OF REQUEST FOR PROPOSAL PW0-745-4123 Page 20 of 44 1. GENERAL REQUIREMENTS. 1. MUTCD. CONTRACTOR shall remove and replace asphalt materials, as well as dispose of old asphalt and all debris at CONTRACTOR’S expense. CONTRACTOR shall be responsible for traffic control as required by the CITY Barricade Manual and the Manual on Uniform Traffic Control Devices (MUTCD). CONTRACTOR shall be responsible for traffic control on all incidental work required to complete the task. CONTRACTOR shall include all labor, material, equipment needed to perform the work to the highest industry standards. 2. MAG. CONTRACTOR shall use the most current version of CITY/agency and/or Maricopa Association of Governments (M.A.G.) standard details and specifications for inspection and quality assurance for all work being done under this Agreement. CONTRACTOR shall be responsible for ensuring that workmanship, materials, equipment, and site preparation meet or exceed the required specifications. The Contract Administrator/designee will inspect all phases of work and any unsatisfactory work or preparation shall be redone at no additional cost to the CITY. The CITY reserves the right to adjust the amount of work required and number of locations involved. 3. Permits. CONTRACTOR shall be responsible for obtaining all permits for the Streets Division. Any other CITY departments utilizing this Agreement shall be responsible for overseeing their own projects and providing their own permits, if required. 4. Blue Stake. CONTRACTOR shall be responsible for identifying and locating (Blue Stake) all existing utilities affected by the work. CONTRACTOR shall be responsible for the repair of all damaged utilities resulting from this work and will coordinate with utility companies and affected residents and businesses for required outages. 5. Traffic Control / Construction Signage. CONTRACTOR shall adhere to all CITY, State and Federal Traffic and Safety guidance, City of Chandler Traffic Barricades Design Manual #7, City of Chandler Municipal code 46-2.7.E construction sign requirements and the Manual on Uniform Traffic Control Devices (MUTCD). CONTRACTOR shall submit all traffic control plans for approval to the City of Chandler Transportation and Development Department before any work may progress. CONTRACTOR shall use the appropriate type and number of barricades to protect the public from harm and the work site from damage. CONTRACTOR shall place appropriate warning signs, such as “Sidewalk Close” signs and other signs as required by the MUTCD or the Contract Administrator/Designee. Traffic control shall include uniformed Chandler Police Officer and squad car as required. CONTRACTOR shall be paid the actual cost of hiring the uniformed Chandler Police Officer (see Exhibit C). CONTRACTOR shall be responsible for ordering and coordination of barricading and traffic control requirements. Set up shall be per the CITY/agency Traffic Barricade manual and MUTCD. Barricading restrictions on arterial streets cannot be in place earlier than 8:30 a.m. or after 4:00 p.m. Scheduling of asphalt placement shall be coordinated to ensure that material has cooled enough to avoid tracking or damage. Any areas that cannot be completed and open to traffic by 4:00 PM must be steel plated, plates countersunk, in accordance with attached CITY OF CHANDLER NOTICE OF REQUEST FOR PROPOSAL PW0-745-4123 Page 21 of 44 standard MAG Detail 211, before open to traffic and shall be at no additional cost to CITY. Traffic control shall be paid at the unit price listed, for each individual street segment, and for the length of time needed to complete all the work in accordance with the Agreement. 6. Project Signs. Whenever any work is being done in CITY streets, easements or right of way for which approval by CITY of a traffic control plan is required, the person or persons performing such work shall maintain at the site of such work at all times during which any such work is being done, signage meeting the requirements set forth below and providing information to the public as follows (see Exhibit G): a. Be installed on temporary supports at an approved location; b. Be placed in such positions that they can be read by traffic from each direction; c. Be colored “construction orange” with black letters; d. Have block letters at least 6” in height; e. Contain the following information: the name of CONTRACTOR for whom the work is being performed; the name of the CONTRACTOR actually performing the work; a general description of the work to be done; the time frame within which the work will be performed, i.e. the date work will commence and the date all work will be completed; a 24- hour contact phone number where persons may speak with a representative of the CONTRACTOR for whom the work is being performed or may leave a request to speak with such a representative and for which all calls will be returned by such a representative of the CONTRACTOR within 24-hours. 7. Dust Control. CONTRACTOR shall keep suitable equipment on hand at the job site for maintaining dust control and shall employ appropriate equipment for that purpose in accordance with the requirements of the “Maricopa County Health Department Air Pollution Control Regulations” CONTRACTOR shall be responsible for obtaining an Air Quality Permit from Maricopa County prior to starting the require work, especially if earth-moving operations are involved. CONTRACTOR shall pay all permit fees. 8. Demo and Removal. CONTRACTOR shall remove excavated and demolished materials immediately from work site at their cost. Steel plates shall be used (per MAG Standard Detail 211) where excavated area cannot be backfilled or where concrete placement for valley gutters across roadway surface or drive entrances are done in phases. Steel plates shall be gradually ramped from plate edges with EPA approved material and the street or drive entrance opened immediately to traffic. CONTRACTOR shall use barricades and “sidewalk closed” signs as required 9. Air Quality. CONTRACTOR shall be responsible for obtaining an Air Quality Permit from Maricopa County prior to starting the required work, especially if earth-moving operations are involved. CONTRACTOR shall pay all permit fees. CITY OF CHANDLER NOTICE OF REQUEST FOR PROPOSAL PW0-745-4123 Page 22 of 44 10. Water for Repair and Maintenance Purpose. Should CONTRACTOR desire to use water from CITY mains, CONTRACTOR shall make application to the City Water Quality Department for a fire hydrant meter and pay all the required deposits and costs. CONTRACTOR shall not take water from CITY mains until a meter is installed. 11. Site Cleaning. All public and private property and grounds occupied by CONTRACTOR in connection with the work shall be cleaned of all debris and excess materials (to include mud and concrete residue in all affected gutter flow lines) after each workday; additionally, temporary structures and equipment shall be removed at the end of the project. CONTRACTOR shall utilize a PM-10 certified mechanical broom sweeper throughout the workday for cleanup. All parts of the work shall be left in an acceptable condition before final acceptance. 12. Notification of Public. CONTRACTOR shall notify all affected citizens and businesses by door flyer 48 hours prior to start of work. Door flyer shall include, as a minimum, all pertinent information such as description of work, date, time, schedules and CONTRACTOR name, and a 24- hour contact phone number(s). The flyer information shall be submitted to the Contract Administrator/Designee for approval prior to distribution. 13. Protection of adjacent property. CONTRACTOR shall take all necessary steps to protect adjacent public or private properties during work. CONTRACTOR shall restore any damage to adjacent property at CONTRACTOR expense and to the satisfaction of the Contract Administrator/designee. 14. Work quantities and locations. The listed under this Agreement are subject to change and may be done solely at the discretion of the CITY. The CITY will provide CONTRACTOR with a list of the locations and approximate square yards of each location when required. 15. Work Schedule. CONTRACTOR shall submit to Contract Administrator/designee a written proposed schedule of work for approval prior to commencing any work under this Agreement 16. Stop Work. The CITY reserves the right to stop work under this Agreement at any time if, in their opinion: a) weather conditions become adverse for doing patchwork; b) quality of work is deemed unacceptable; c) conflicts in CONTRACTOR equipment or personnel cause delays in getting work completed; d) work schedules/locations conflict with other CITY activities; e) material is deemed unacceptable by Contract Administrator/designee. 17. Estimated Quantities. There is no guarantee as to minimum quantities required by CITY. The CITY reserves the right to increase or decrease the actual quantities used to complete the project. Payment shall be based on actual quantities. CITY OF CHANDLER NOTICE OF REQUEST FOR PROPOSAL PW0-745-4123 Page 23 of 44 18. Payment Applications and Invoices. CONTRACTOR shall submit invoices for payment to Contract Administrator/designee for approval upon completion of work. All work by CONTRACTOR will be inspected and approved by Contract Administrator/designee prior to processing of any payments. Payment schedule is 30 (thirty) calendar days or less upon approval. 19. CONTRACTOR shall provide asphalt patchwork, or where required, concrete repair and maintenance to CITY. Patches will vary in sizes ranging from 6’x6’ to as large as, but not limited to, 20’x200’ at various locations throughout the CITY and shall be replaced “in kind” or as directed by Contract Administrator/designee. All patches larger than 7’Wx40’L shall require the use of a paving machine to insure the smoothest surface possible. The patchwork shall be of the highest industry standard and must meet the grades or edges of the existing asphalt surface. CONTRACTOR will not be required to perform the work unless the CITY has a total of approximately 50 square yards to be repaired. Ideally, CONTRACTOR should make every attempt to complete, on the same day, any and all asphalt removal and replacement. Sub-grade preparation after asphalt removal shall be in accordance with M.A.G. standards for this task. 20. CONTRACTOR shall supply asphalt material for this contract. The CITY shall approve the asphalt supplier prior to CONTRACTOR commencing work. The asphalt mix design shall meet the East Valley Asphalt Committee (EVAC) mix design criteria. On arterial streets, rubberized asphalt mix shall be used or as directed by Contract Administrator/designee. 21. Placement and compaction of patch material shall be accomplished in two (2) equal lifts to ensure proper density. The finished surface of the patch shall be flush with the adjoining pavement on all edges. Any newly installed patch that is not acceptable to the Contract Administrator/designee shall be removed and replaced to meet acceptable standards. Any additional cost incurred for re- work will be the responsibility of the Contractor. Compaction shall be accomplished using a self- propelled double drum vibratory asphalt roller, with a minimum operating weight of three (3) tons. Use of any other compaction equipment will not be allowed unless approved by the Contract Administrator/designee. 22. Asphalt milling depths will be determined by Contract Administrator/designee per Exhibit C. Areas milled must have vertical edges on all sides of the patch. 23. Asphalt patching done on arterial roads shall be a minimum of 5” thick or equal to the existing thickness of asphalt whichever is greater. On collector streets, the patches must be a minimum of 3” or equal to the existing thickness of the asphalt surface, whichever is greater. 24. The CITY shall mark all locations for patching or milling. Prior to commencing work, the Contract Administrator/designee and CONTRACTOR shall measure the areas and agree upon the square yards required. CITY OF CHANDLER NOTICE OF REQUEST FOR PROPOSAL PW0-745-4123 Page 24 of 44 25. If working at signals, CONTRACTOR shall notify the CITY Traffic Division and Contract Administrator/designee 48-hours prior to commencing work to ensure that the loops can be re- installed by CONTRACTOR. 26. At all signalized intersections where patching is required, an off-duty uniformed police officer shall be utilized. Traffic control plans shall be submitted to the Contract Administrator/designee for approval prior to commencing work. 27. Pavement repairs shall be water tested at the discretion of Contract Administrator or Designee before final acceptance. Any area not draining properly shall be corrected at CONTRACTOR’S expense. 28. The CITY reserves the right to conduct in-place density testing on newly placed asphalt patches. CONTRACTOR shall be required to re-compact any patch that does not meet a minimum of 95% maximum density compaction for Marshall mix and 93% maximum density compaction for RICE mix design being used. If required compaction is no longer attainable due to material cooling below a workable temperature, CONTRACTOR shall remove and replace the material. The CITY shall be responsible only for the cost of the initial testing. CONTRACTOR shall be responsible for any cost associated with re-testing areas requiring re-work. CONTRACTOR shall not be allowed to re-heat asphalt patches with an open flame heater. Any asphalt patch reheated with open flames shall be removed and replaced by the CONTRACTOR at no additional cost to CITY. 29. CONTRACTOR shall seal all pavement cut joints with Crafco Polyflex Type III crack sealant (or approved equal) two (2) days after patchwork completion or as directed by Contract Administrator/designee. 30. Survey Monuments shall be adjusted according to MAG Standard Detail 120-1 and 120-2 as applicable. Survey monuments will be re-established by reference by a Registered Land Surveyor (RLS). The RLS shall reset the survey monuments. 31. All manholes shall be protected from debris falling into them. If any material enters the manhole from this work, it shall be the responsibility of the CONTRACTOR to clean out the manhole to the satisfaction of the utility company. CONTRACTOR shall be required to use (Manhole Debris Shields) in the process of working in manholes. Debris Shields shall be fabricated of plastic or wood and made of two half circles hinged in the middle to form one unit. The hinge shall allow the unit to fold in half to fit thru an open manhole. The unit is then unfolded and placed on the bottom of the manhole about the invert preventing debris from falling into the invert and sewer line. The actual diameter of the unit shall depend on the width of the manhole shaft. 32. The City of Chandler is mandated to provide accessibility improvements to curb ramps and driveways whenever a pavement resurfacing is done. To accomplish this requirement, CONTRACTOR shall repair and/or retrofit existing curb ramps and driveways to the best extent CITY OF CHANDLER NOTICE OF REQUEST FOR PROPOSAL PW0-745-4123 Page 25 of 44 possible to meet current Americans with Disabilities Act (ADA) standards or as directed by Contract Administrator/Designee. Each retrofit is a unique “field fit” and as such, the CONTRACTOR shall coordinate with the Contract Administrator/Designee in determining work limits and scope for each area. In most instances, directional dual curb ramps shall be installed at each corner of intersections and shall be constructed as a combination of two (2) MAG standard detail ramps. 33. CONTRACTOR shall ensure that concrete conforms to the applicable requirements of MAG specification section 725 and applicable Maricopa Association of Governments (MAG) or City of Chandler (COC) standard detail. Concrete repair and maintenance shall comply with MAG specification section 340 as applicable. CONTRACTOR shall conduct a flow test on aprons, valley gutters and curb & gutters by supplying water from a tank truck or other source. Any ponding greater than ½ inch one hour after the water is shut off shall be corrected at CONTRACTOR’S expense. Asphalt cut-and-patch for concrete forms shall be replaced flushed with existing pavement edges. Asphalt concrete shall be placed in accordance with the requirements in MAG standard specifications section 321 and 336. 34. Detectable warning shall consist of truncated domes as determined in MAG specification section 340. All truncated dome tiles shall be approved by the Contract Administrator/Designee prior to installation. (See attached Exhibit D - Approved Products List). Note: composite tiles are not a suitable substitute for the “hard” tiles listed in Exhibit D and will not be used on this contract. 35. The CONTRACTOR shall upon request obliterate all striping such as crosswalks, stop bars, lane lines, edge lines and center lines which do not line up or match retrofitted curb ramps. The CONTRACTOR shall re-stripe these obliterated areas as directed by Contract Administrator/Designee. No striping shall begin until approved by Contract Administrator/Designee. 36. The CONTRACTOR shall seal coat obliterated striping as directed by Contract Administrator/Designee with a Brewer Coat and silica sand mixture of one (1) gallon Brewer Coat to two (2) pound silica sand (or approved equal). DEFINITIONS: 1. Asphalt removal and replacement: per inch of depth / per sq. yd. total. All price items to include disposal of surplus materials by CONTRACTOR. All price items to include new materials placed, graded and compacted to standard MAG specifications. CITY OF CHANDLER NOTICE OF REQUEST FOR PROPOSAL PW0-745-4123 Page 26 of 44 2. Sub-base and sub-grade removal and replacement: per cu. yd. Any surplus materials to be disposed of by CONTRACTOR. All materials to be placed, compacted and graded to finish grade as per standard MAG specifications. All price items to include replacement of approved materials. 3. New asphalt (A/C) only: per 1” of depth / per sq. yd. New material to be placed and compacted to standard MAG specifications. 4. New aggregate base course (ABC): per ton New material to be placed, graded and compacted to standard MAG specifications. 5. Earth work and sub-grade preparation only: per cu. yd. All surplus material to be disposed of by CONTRACTOR. Sub-grade to be placed, compacted and graded to finished grade. CITY OF CHANDLER NOTICE OF REQUEST FOR PROPOSAL PW0-745-4123 Page 27 of 44 EXHIBIT B TO AGREEMENT COMPENSATION AND FEES The City makes no guarantee of quantities. For bid bond purposes, estimated value of the contract is $500,000. Prices shall be tax inclusive. Item Unit No. Description Qty Unit Price Asphalt Patch Removals and Replace 1 Asphalt Saw cut and match existing, up to 2" Deep 1 LF $________________ 2 Asphalt Saw cut and match existing, 2" to 3" Deep 1 LF $________________ 3 Asphalt Saw cut and match existing, 3" to 4" Deep 1 LF $________________ 4 Asphalt Saw cut and match existing, 4" and above Deep 1 LF $________________ 5 Remove and Replace EVAC Asphalt, 2" - 4" Deep, (1 - 50 SY) 1 SY $________________ 6 Remove and Replace EVAC Asphalt, 2" - 4" Deep, (50 - 100 SY) 1 SY $________________ 7 Remove and Replace EVAC Asphalt, 2" - 4" Deep, (100+ SY) 1 SY $________________ 8 Remove and Replace EVAC Asphalt, 4" - 8" Deep, (1 - 50 SY) 1 SY $________________ 9 Remove and Replace EVAC Asphalt, 4" - 8" Deep, (50 - 100 SY) 1 SY $________________ 10 Remove and Replace EVAC Asphalt, 4" - 8" Deep, (100+ SY) 1 SY $________________ 11 Remove and Replace Rubberized Asphalt, up to 4" Deep (1-100 SY) 1 SY $________________ 12 Remove and Replace Rubberized Asphalt, 4" and above Deep (1-100 SY) 1 SY $________________ 13 Crack Seal 1 LF $________________ 14 2" Asphalt Cap 1 SY $________________ 15 Asphalt Milling Up to 1.5" to 2" Deep 1 SY $________________ 16 Asphalt Pave 2" (12.5MM EVAC AC Mix) 1 SY $________________ 17 Speed Humps 1 EA $________________ 18 Sub-base and/or subgrade removal and replacement 1 CY $________________ 19 Aggregate Base Course (ABC) placed and compacted 1 TON $________________ Utility / Monument Adjustments 20 Pre-lower manhole frame and covers 1 EA $________________ CITY OF CHANDLER NOTICE OF REQUEST FOR PROPOSAL PW0-745-4123 Page 28 of 44 21 Adjust Existing manhole frame and covers per MAG Detail 420-1 or 420-2 or 422 1 EA $________________ 22 Pre-lower valves, survey monuments, and sanitary sewer cleanouts 1 EA $________________ 23 Adjust frame and covers for valves, survey monuments, and sanitary sewer cleanouts per MAG Detail 270 1 EA $________________ Concrete and ADA 24 Concrete Saw cut, Remove and Dispose of all concrete and asphalt from curb ramps, driveways, alley entrances, sidewalks, and valley gutters or concrete aprons. 1 SF $________________ 25 Concrete Saw cut, Remove and Dispose of concrete curb and gutter or median curb 1 LF $________________ 26 Sidewalk per MAG Detail 230 1 SF $________________ 27 Curb & Gutter, Median Curb per MAG Detail 220-1 or 220-2 or221 or 222 or 223 1 LF $________________ 28 Asphalt Patch Back, 2 feet wide minimum 1 SF $________________ 29 ADA Truncated Domes per MAG Detail 234 1 SF $________________ 30 Curb Ramp per MAG Details (236-1 or 236-2 or 236- 3 or 236-4) Single 1 EA $________________ 31 Curb Ramp per MAG Details (236-1 or 236-2 or 236- 3 or 236-4) Dual 1 EA $________________ 32 Curb Ramp per MAG Details (237-1 or 237-2 or 236- 3) Single 1 EA $________________ 33 Curb Ramp per MAG Details (237-1 or 237-2 or 236- 3) Dual 1 EA $________________ 34 Curb Ramp per MAG Detail 236-5 (modified single) (blended transition) 1 EA $________________ 35 Curb Ramp per MAG Details ( 238-1 or 238-2 or 238-3) 1 EA $________________ 36 Valley Gutters per MAG Detail 240 1 SF $________________ 37 Concrete Apron per MAG Detail 240 1 SF $________________ 38 Driveway or Alley Entrance per MAG Detail 260 1 SF $________________ 39 Commercial Driveway per MAG Detail 250-1, 6" Thick 1 SF $________________ Striping and Markings and Loops 40 Standard COC signal Loop, 6'x50' 1 EA $________________ 41 Obliterate Striping, 4” equivalent 1 LF $________________ 42 Seal Obliterated Striping, 4” equivalent 1 LF $________________ CITY OF CHANDLER NOTICE OF REQUEST FOR PROPOSAL PW0-745-4123 Page 29 of 44 43 4" Yellow Paint Striping 1 LF $________________ 44 4" White Paint Striping 1 LF $________________ 45 6" White Paint Striping 1 LF $________________ 46 8" White Paint Temporary Turn Lane 1 LF $________________ 47 8" White Paint Thermoplastic Turn Lane 1 LF $________________ 48 12" White Paint Temporary Crosswalks 1 LF $________________ 49 12" White Paint Thermoplastic Crosswalks 1 LF $________________ 50 18" White Paint Temporary Stop Bars 1 LF $________________ 51 18" White Paint Thermoplastic Stop Bars 1 LF $________________ 52 24" White Paint Thermoplastic Rail Road Stop Bars 1 LF $________________ 53 Rail Road Symbols Per MUTCD Standard (Actual Count) 1 SET $________________ 54 School Crosswalk, 24”x10’ Yellow High Visibility Crosswalk Rectangles 1 SET $________________ 55 School Roll Out Yellow Dots, 24” Diameter 1 EA $________________ 56 Temporary Turn Arrows, Paint 1 EA $________________ 57 Turn Arrows, Thermoplastic 1 EA $________________ 58 Bike Lane Symbols 1 EA $________________ 59 White Raised Pavement Markers, RPMS 1 EA $________________ 60 Yellow Raised Pavement Markers, RPMS 1 EA $________________ 61 Blue Fire Hydrant Reflectors 1 EA $________________ 62 Temporary Chip Seal Pavement Markers, Yellow 1 EA $________________ 63 Temporary Chip Seal Pavement Markers, White 1 EA $________________ Miscellaneous 64 General Survey 1 HR $________________ Traffic Control 65 Traffic Control Arterial Roadway Sections (Contractor to be paid as invoiced per one 24 hour day) 1 Day $________________ 66 Traffic Control Residential and Collector Roadway Sections (Contractor to be paid as invoiced per one 24 hour day) 1 Day $________________ 67 City of Chandler Uniformed Police Officer. (Contractor to be paid as invoiced the actual cost of hiring police officer per day) 1 Day $________________ TOTAL ITEMS 1-67 $ CITY OF CHANDLER NOTICE OF REQUEST FOR PROPOSAL PW0-745-4123 Page 30 of 44 INSURANCE General. A. At the same time as execution of this Agreement, the Contractor shall furnish the City a certificate of insurance on a standard insurance industry ACORD form. The ACORD form must be issued by an insurance company authorized to transact business in the State of Arizona possessing a current A.M. Best, Inc. rating of A-7, or better and legally authorized to do business in the State of Arizona with policies and forms satisfactory to City. Provided, however, the A.M. Best rating requirement shall not be deemed to apply to required Workers’ Compensation coverage. B. The Contractor and any of its subcontractors shall procure and maintain, until all of their obligations have been discharged, including any warranty periods under this Agreement are satisfied, the insurances set forth below. C. The insurance requirements set forth below are minimum requirements for this Agreement and in no way limit the indemnity covenants contained in this Agreement. D. The City in no way warrants that the minimum insurance limits contained in this Agreement are sufficient to protect Contractor from liabilities that might arise out of the performance of the Agreement services under this Agreement by Contractor, its agents, representatives, employees, subcontractors, and the Contractor is free to purchase any additional insurance as may be determined necessary. E. Failure to demand evidence of full compliance with the insurance requirements in this Agreement or failure to identify any insurance deficiency will not relieve the Contractor from, nor will it be considered a waiver of its obligation to maintain the required insurance at all times during the performance of this Agreement. F. Use of Subcontractors: If any work is subcontracted in any way, the Contractor shall execute a written contract with Subcontractor containing the same Indemnification Clause and Insurance Requirements as the City requires of the Contractor in this Agreement. The Contractor is responsible for executing the Agreement with the Subcontractor and obtaining Certificates of Insurance and verifying the insurance requirements. Minimum Scope and Limits of Insurance. The Contractor shall provide coverage with limits of liability not less than those stated below. A. Commercial General Liability-Occurrence Form. Contractor must maintain “occurrence” form Commercial General Liability insurance with a limit of not less than $2,000,000 for each occurrence, $4,000,000 aggregate. Said insurance must also include coverage for products CITY OF CHANDLER NOTICE OF REQUEST FOR PROPOSAL PW0-745-4123 Page 31 of 44 and completed operations, independent contractors, personal injury and advertising injury. If any Excess insurance is utilized to fulfill the requirements of this paragraph, the Excess insurance must be “follow form” equal or broader in coverage scope than underlying insurance. B. Automobile Liability-Any Auto or Owned, Hired and Non-Owned Vehicles Vehicle Liability: Contractor must maintain Business/Automobile Liability insurance with a limit of $1,000,000 each accident on Contractor owned, hired, and non-owned vehicles assigned to or used in the performance of the Contractor’s work or services under this Agreement. If any Excess or Umbrella insurance is utilized to fulfill the requirements of this paragraph, the Excess or Umbrella insurance must be “follow form” equal or broader in coverage scope than underlying insurance. C. Workers Compensation and Employers Liability Insurance: Contractor must maintain Workers Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor employees engaged in the performance of work or services under this Agreement and must also maintain Employers’ Liability insurance of not less than $1,000,000 for each accident and $1,000,000 disease for each employee. D. Builders’ Risk/Installation Floater Insurance. The Contractor bears all responsibility for loss to all equipment or Work under construction. Unless waived in writing by the City the Contractor will purchase and maintain in force Builders’ Risk/Installation Floater insurance on the entire Work until completed and accepted by the City. This insurance will be Special Causes of Loss policy form, (minimally including perils of fire, flood, lightning, explosion, windstorm and hail, smoke, aircraft and vehicles, riot and civil commotion, theft, vandalism, malicious mischief, and collapse), completed value, replacement cost policy form equal to the contract price and all subsequent modifications. The Contractor’s Builders’ Risk/Installation Floater insurance must be primary and not contributory. 1. Builders’ Risk/Installation Floater insurance must cover the entire Work including reasonable compensation for architects and Contractors’ services and expenses and other “soft costs” made necessary by an insured loss. Builders’ Risk/Installation Floater insurance must provide coverage from the time any covered property comes under the Contractor’s control and or responsibility, and continue without interruption during course of construction, renovation and or installation, including any time during which any project property or equipment is in transit, off site, or while on site for future use or installation. Insured property must include, but not be limited to, scaffolding, false work, and temporary buildings at the site. This insurance must also cover the cost of removing debris, including demolition as may be legally required by operation of any law, ordinance, regulation or code. 2. The Contractor must also purchase and maintain Boiler and Machinery insurance with the same requirements as Builders’ Risk/Installation Floater insurance cited above if the Work to be performed involves any exposures or insurable property normally covered CITY OF CHANDLER NOTICE OF REQUEST FOR PROPOSAL PW0-745-4123 Page 32 of 44 under a Boiler and Machinery insurance policy or made necessary as required by law or testing requirements in the performance of this Contract/Agreement. The Contractor will be responsible for any and all deductibles under these policies and the Contractor waives all rights of recovery and subrogation against the City under the Contractor’s Builders’ Risk/Installation Floater insurance described herein. 3. Builders’ Risk/Installation Floater Insurance must be maintained until whichever of the following first occurs: (i) final payment has been made; or, (ii) until no person or entity, other than the City, has an insurable interest in the property required to be covered. a. The Builders’ Risk/Installation Floater insurance must be endorsed so that the insurance will not be canceled or lapse because of any partial use or occupancy by the City. b. The Builders Risk/Installation Floater insurance must include as named insureds, the City, the Contractor, and all tiers of subcontractors and others with an insurable interest in the Work who will be named as additional insureds unless they are able to provide the same level of coverage with the City and Contractor named as additional insureds. Certificates must contain a provision that the insurance will not be canceled or materially altered without at least 30 days advance notice to the City. The City must also be named as a Loss Payee under the Builders’ Risk/Installation Floater coverage. c. The Builders Risk/Installation Floater insurance must be written using the Special Causes of Loss policy form, replacement cost basis. d. All rights of subrogation under the Builders Risk/Installation Floater insurance are, by this Contract/Agreement, waived against the City, its officers, officials, agents and employees. e. The Contractor is responsible for payment of all deductibles under the Builders’ Risk/Installation Floater insurance policy. Additional Policy Provisions Required. A. Self-Insured Retentions or Deductibles. Any self-insured retentions and deductibles must be declared and approved by the City. If not approved, the City may require that the insurer reduce or eliminate any deductible or self-insured retentions with respect to the City, its officers, officials, agents, employees, and volunteers. 1. The Contractor’s insurance must contain broad form contractual liability coverage. 2. The Contractor's insurance coverage must be primary insurance with respect to the City, its officers, officials, agents, and employees. Any insurance or self-insurance maintained by the City, its officers, officials, agents, and employees shall be in excess of the coverage provided by the Contractor and must not contribute to it. CITY OF CHANDLER NOTICE OF REQUEST FOR PROPOSAL PW0-745-4123 Page 33 of 44 3. The Contractor's insurance must apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4. Coverage provided by the Contractor must not be limited to the liability assumed under the indemnification provisions of this Agreement. 5. The policies must contain a severability of interest clause and waiver of subrogation against the City, its officers, officials, agents, and employees, for losses arising from Work performed by the Contractor for the City. 6. The Contractor, its successors and or assigns, are required to maintain Commercial General Liability insurance as specified in this Agreement for a minimum period of three years following completion and acceptance of the Work. The Contractor must submit a Certificate of Insurance evidencing Commercial General Liability insurance during this three year period containing all the Agreement insurance requirements, including naming the City of Chandler, its agents, representatives, officers, directors, officials and employees as Additional Insured as required. 7. If a Certificate of Insurance is submitted as verification of coverage, the City will reasonably rely upon the Certificate of Insurance as evidence of coverage but this acceptance and reliance will not waive or alter in any way the insurance requirements or obligations of this Agreement. B. Insurance Cancellation During Term of Contract/Agreement. 1. If any of the required policies expire during the life of this Contract/Agreement, the Contractor must forward renewal or replacement Certificates to the City within ten days after the renewal date containing all the required insurance provisions. 2. Each insurance policy required by the insurance provisions of this Contract/Agreement shall provide the required coverage and shall not be suspended, voided or canceled except after 30 days prior written notice has been given to the City, except when cancellation is for non-payment of premium, then ten days prior notice may be given. Such notice shall be sent directly to Chandler Law-Risk Management Department, Post Office Box 4008, Mailstop 628, Chandler, Arizona 85225. If any insurance company refuses to provide the required notice, the Contractor or its insurance broker shall notify the City of any cancellation, suspension, non-renewal of any insurance within seven days of receipt of insurers’ notification to that effect. C. City as Additional Insured. The policies are to contain, or be endorsed to contain, the following provisions: CITY OF CHANDLER NOTICE OF REQUEST FOR PROPOSAL PW0-745-4123 Page 34 of 44 1. The Commercial General Liability and Automobile Liability policies are to contain, or be endorsed to contain, the following provisions: The City, its officers, officials, agents, and employees are additional insureds with respect to liability arising out of activities performed by, or on behalf of, the Contractor including the City's general supervision of the Contractor; Products and Completed operations of the Contractor; and automobiles owned, leased, hired, or borrowed by the Contractor. 2. The City, its officers, officials, agents, and employees must be additional insureds to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Agreement. CITY OF CHANDLER NOTICE OF REQUEST FOR PROPOSAL PW0-745-4123 Page 35 of 44 EXHIBIT D TO AGREEMENT SPECIAL CONDITIONS WORK IN CITY RIGHT-OF-WAY Work within the City's Right-of-Way. All work performed within the City's Right-of-Way by the Contractor and his/her subcontractors must comply with the City of Chandler requirements Bid Bond. Each bid shall be accompanied by a certified check, cashier's check, or draft, for ten percent (10%) of the total bid price, such check to be certified or issued by either a solvent State or National Bank payable to the City as a guarantee that CONTRACTOR will enter into a contract with CITY in accordance with the terms of the Specifications in case such bidder be awarded the contract. In lieu of a certified check as a guarantee, a bond of ten percent (10%) of total bid price may be furnished by the CONTRACTOR; such bond to be issued by a surety authorized to do business in Arizona. Such bond shall be payable to CITY as guarantee that such CONTRACTOR will enter into a contract with CITY in accordance with the terms of the specifications in case such bidder be awarded the contract. The successful CONTRACTOR's security shall be retained until a contract has been signed and the required performance bond has been signed and delivered to CITY. CITY reserves the right to retain the security of the next most responsive bidder until a contract has been executed or until one hundred twenty (120) days after opening, whichever is first. All other securities will be returned as soon as is practicable . Performance and Payment Bonds. Within fifteen (15) days from the time a Contract is awarded, CONTRACTOR shall furnish fully executed Performance and Payment Bond (Labor and Materials) in such form and context as determined by CITY from a surety approved by CITY. Said bonds shall be in a sum no less than one hundred (100%) of the Contract price. CITY has the option to forfeit said bonds if the Contract is terminated by the default of CONTRACTOR or if CITY determines that CONTRACTOR is unable or unwilling to complete the work as specified in the Contract Documents. If the Contract schedule is not adhered to, and CITY determines that the work is unlikely to be completed within a reasonable time after the original target date, then CITY may terminate the Contract and collect the Performance Bond. The Performance Bond will be reviewed annually and any increases in the contract amount will require bond to be increased and reissued. CITY OF CHANDLER NOTICE OF REQUEST FOR PROPOSAL PW0-745-4123 Page 36 of 44 EXHBIT E ADA TRUNCATED DOMES (TILES) APPROVED PRODUCTS LIST 1. NWC Erie St and Cheri Lynn Dr Cast in Tact Wet Set By N-Direct Installation Date: 02/2007 Contact Info TF Valdez Construction Supply Co., Inc 5660 South 32nd Street, Suite #105 Phoenix, AZ 85040 (602) 305-8575 2. SEC Erie St and Evergreen St TekWay Dome Tiles w/Anchor By StrongGo Inc Installation Date: 07/2007 Contact Info StrongGo LLC 3296 E. Hemisphere Loop Tucson, Arizona 85706 Tel: (520) 547-3510 3. SWC Erie St and Vine St ADA Arcis Tactile By Arcis Corp Installation Date: 03/2009 Contact Info Atlas Construction Supply, Inc 1611 S. 27th Ave. Phoenix, Arizona 85009 Tel: (602) 256-0600 Note: composite tiles are not a suitable substitute for the “hard” tiles listed on this Exhibit and will not be used on this contract. CITY OF CHANDLER NOTICE OF REQUEST FOR PROPOSAL PW0-745-4123 Page 37 of 44 EXHIBIT F Contractor's Equipment List CITY OF CHANDLER NOTICE OF REQUEST FOR PROPOSAL PW0-745-4123 Page 38 of 44 EXHIBIT G SUBCONTRACTOR’S LIST Each bidder MUST complete information regarding each Sub-Contractor which may be used in conjunction with this contract. The bidder must submit the name, address, license number (if applicable) of each subcontractor including the extent of such subcontracting and include with bid submittal documents. (Bidder may supply additional pages as needed to identify all subs). NAME: _________________________________________ LICENSE _______________ ADDRESS: __________________________________________________________________ CONTACT PERSON / TELEPHONE: ______________________________________________ EMAIL ADDRESS: _________________________________________________________ EXTENT OF WORK: ___________________________________________________________ NAME: _________________________________________ LICENSE _______________ ADDRESS: __________________________________________________________________ CONTACT PERSON / TELEPHONE: ______________________________________________ EMAIL ADDRESS: _________________________________________________________ EXTENT OF WORK: ___________________________________________________________ NAME: _________________________________________ LICENSE _______________ ADDRESS: __________________________________________________________________ CONTACT PERSON / TELEPHONE: ______________________________________________ EMAIL ADDRESS: _________________________________________________________ EXTENT OF WORK: ___________________________________________________________ CITY OF CHANDLER NOTICE OF REQUEST FOR PROPOSAL PW0-745-4123 Page 39 of 44 EXHIBIT H1 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, , as Principal, (hereinafter called the Principal), and the a corporation duly organized under the laws of the State of _________________, as Surety, (hereinafter called the Surety) are held and firmly bound unto the City of Chandler as Obligee, in the sum of 10 percent (10%) of the total bid, submitted by him to the City of Chandler for the work described below, for the payment of which sum, well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, and administrators, successors and assigns, jointly and severely, firmly by these presents, and in conformance with Arizona Revised Statutes. WHEREAS, the said Principal is herewith submitting its bid for: Street Maintenance and Repair Services, RFP No. FW0-745-4123 NOW, THEREFORE, if the City of Chandler shall accept the proposal of the Principal and the principal shall enter into a Contract with the City of Chandler in accordance with the terms of such proposal and give such Bonds and Certificates of Insurance as specified in the Contract Documents with good and sufficient Surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such Contract and give such Bonds and Certificates of Insurance, if the Principal shall pay to the City of Chandler the sum of money set forth above as liquidated damages for failure of the Principal to enter into the Contract, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this _________ day of _____________________, A.D., 20____. _______________________________ _______________________________ Principal SEAL SURETY By: ________________________ By: ____________________________ Attorney-in-Fact SEAL Its: _________________________ _______________________________ AGENCY OF RECORD _______________________________ AGENCY ADDRESS CITY OF CHANDLER NOTICE OF REQUEST FOR PROPOSAL PW0-745-4123 Page 40 of 44 EXHIBIT H2 PERFORMANCE BOND STATUTORY PERFORMANCE BOND PURSUANT TO TITLE 34, CHAPTER 2, ARTICLE 2, OF THE ARIZONA REVISED STATUTES (Penalty of this bond must be 100% of the Bond amount) KNOW ALL MEN BY THESE PRESENTS: That, ________________________________ (hereinafter called the Principal), as Principal, and _____________________________________ a corporation organized and existing under the law of the State of _________ with its principal office in the City of ______________, (hereinafter called the Surety), as Surety, are held and firmly bound unto the City of Chandler, County of Maricopa, State of Arizona, in the amount of ______________________________________________Dollars ($_________________), for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severely, firmly by these presents. WHEREAS, the Principal has entered into a certain written Contract with the City of Chandler, Dated the ________ day of _____________, _______, for Street Maintenance and Repair Services, RFP No. FW0-745-4123, which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copies at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform and fulfill all the undertakings, covenants terms, conditions, and agreements of said contract during the original term of said Contract and any extensions thereof, with or without notice to the Surety, and during the life of any warranty required under the contract, and shall also perform and fulfill all the undertakings, covenants, terms, condi- tions, and agreements of any and all duly authorized modifications of conditions of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; then the above obligations shall be void, otherwise to remain in full force and effect. PROVIDED, HOWEVER that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2 of the Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the provisions of said Title, Chapter and Article, to the extent as if it were copied at length herein. The prevailing party in a suit on this bond shall be entitled to such reasonable attorney's fees as may be fixed by a judge of the Court. Witness our hands this ____ day of , 20____. PRINCIPAL SEAL AGENT OF RECORD BY AGENT’S ADDRESS SURETY SEAL CITY OF CHANDLER NOTICE OF REQUEST FOR PROPOSAL PW0-745-4123 Page 41 of 44 EXHIBIT H3 PAYMENT BOND ARIZONA STATUTORY PAYMENT BOND PURSUANT TO TITLES 28, 34, AND 41, OF THE ARIZONA REVISED STATUTES (Penalty of this Bond must be 100% of the Contract amount) KNOW ALL MEN BY THESE PRESENTS: THAT: (hereinafter “Principal”), as Principal, and (hereinafter “Surety”), a corporation organized and existing under the laws of the State of with its principal office in the City of , holding a certificate of authority to transact surety business in Arizona issued by the Director of the Department of Insurance pursuant to Title 20, Chapter 2, Article 1, as Surety, are held and firmly bound unto the City of Chandler, (hereinafter “Obligee”) County of Maricopa, State of Arizona, in the amount of Dollars ($ ), for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written Contract with the City of Chandler, dated the day of ,20___, for Street Maintenance and Repair Services, RFP No. FW0-745-4123 , which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copies at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLICATION IS SUCH, that if the Principal promptly pays all moneys due to all persons supplying labor or materials to the Principal or the Principal’s subcontractors in the prosecution of the work provided for in said contract, this obligation is void. Otherwise it remains in full force and effect. PROVIDED, HOWEVER that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2 Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of Title 34, Chapter 2, Article 2, Arizona Revised Statutes, to the same extent as if it were copied at length in this agreement. The prevailing party in a suit on this bond shall recover as part of the judgment reasonable attorney fees that may be fixed by a judge of the court. Witness our hands this day of , 20___. PRINCIPAL SEAL AGENT OF RECORD BY SURETY SEAL AGENT ADDRESS CITY OF CHANDLER NOTICE OF REQUEST FOR PROPOSAL PW0-745-4123 Page 42 of 44 EXHIBIT I1 CONSTRUCTION SIGN DETAIL If the work will take less than one (1) week to perform, such signage shall: a. Be installed on temporary supports at an approved location; b. Be placed in such positions that they can be read by traffic from each direction; c. Be colored “construction orange” with black letters; d. Have block letters at least 6” in height; e. Contain the following information: the name of CONTRACTOR for whom the work is being performed; f. a 24-hour contact phone number where persons may speak with a representative of the CONTRACTOR for whom the work is being performed or may leave a request to speak with such a representative and for which all calls will be returned by such a representative of the CONTRACTOR within 24-hours. CITY OF CHANDLER NOTICE OF REQUEST FOR PROPOSAL PW0-745-4123 Page 43 of 44 EXHIBIT I2 CONSTRUCTION SIGN DETAIL DEVELOPER CONTRACTOR ASPHALT PATCHWORK 9-1-19 TO 9-30-19 (480) 782-XXXX CITY OF CHANDLER NOTICE OF REQUEST FOR PROPOSAL PW0-745-4123 44 EXHIBIT I3 CONSTRUCTION SIGN DETAIL CONTRACTOR (480) 782-XXXX FOUNTAIN HILLSBLVDFY 19-20 RESIDENTIAL Town of Fountain Hills MAP DATE: 3-2-20SAGUAROBLVDSHEABLV D LEGEND NEW PAVEMENT FOUNTAIN HILLSPALI S A D E S B L V D SAGUARO BLVDBLVDFY 19-20 DOWNTOWN Town of Fountain Hills LEGEND NEW PAVEMENT MAP DATE: 3-2-20 FUTURE - NEW PAVEMENT