Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
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