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HomeMy WebLinkAbout2004.0219.TCOM.PacketNll PUBLIC MEETING NOTICE Esc 19%9 that is Ems" Mayor Wally Nichols Vice Mayor Rick Melendez Councilwoman Kathleen Nicola Councilwoman Leesa Stevens Councilman John Kavanagh Councilman Mike Archambault Councilwoman Susan Ralphe WHEN: THURSDAY, FEBRUARY 19, 2004 TIME: 10:30 A.M. to 1:30 P.M. WHERE: 3RD ANNUAL CITIES AND TOWNS DAY STATE CAPITOL BUILDING 1700 W. WASHINGTON, PHOENIX, AZ A majority of the Council members may attend the 3rd Annual Cities and Towns Day to be held at the State Capitol. The Council will not be taking any official action. DATED this 3rdday of February 2004. By: Bevelyn J. BeIAAer, T n Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837- 2003 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting. TAIN a,`` o � 3 0 4 `RsC 1959 that is H>" NOTICE OF THE REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Wally Nichols Vice Mayor Rick Melendez Councilwoman Kathleen Nicola Councilwoman Leesa Stevens Councilman John Kavanagh Councilman Mike Archambault Councilwoman Susan Ralphe WHEN: THURSDAY, FEBRUARY 19, 2004 TIME: 5:00 P.M. EXECUTIVE SESSION 6:30 P.M. REGULAR SESSION WHERE: TOWN HALL COUNCIL CHAMBERS, BUILDING B 16836 E. PALISADES BLVD., FOUNTAIN HILLS, AZ (Executive Session will be held in the Building A Teleconference Room) PROCEDURE FOR ADDRESSING THE COUNCIL Anyone wishing to speak before the Council must fill out a speaker's card and submit it to the Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Clerk's position on the dais. Speakers will be called in the order in which the speaker cards were received either by the Clerk or the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their name prior to commenting and to direct their comments to the Presiding Officer and not to individual Council Members. Speakers' statements should not be repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker. If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. • CALL TO ORDER — Mayor Nichols 1.) Pursuant to A.R.S. §38-431-03.A.1, VOTE TO GO INTO EXECUTIVE SESSION FOR: Discussion or consideration of employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee or employee of any public body, except that, with the exception of E:\Clerk\AGENDAS\REGULAR\2004\Regular Session 2-19-04.doc Page 1 of 3 Last printed 2/17/2004 2:47 PM salary discussions, an officer, appointee or employee may demand that the discussion or consideration occur at a public meeting. The public body shall provide the officer, appointee or employee with written notice of the executive session as is appropriate but not less than twenty-four hours for the officer, appointee or employee to determine whether the discussion or consideration should occur at a public meeting. (Specifically, the toivn manager's evaluation and benefit package.) 2.) RETURN TO REGULAR SESSION • CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Nichols • INVOCATION — Corey Bramlett, Youth Pastor, First Baptist Church • ROLL CALL — Mayor Nichols • MAYOR'S REPORT — a.) Mayor Nichols will read a proclamation recognizing March 1 — 6 as "Golden Eagle Foundation Week". b.) Mayor Nichols will read a proclamation to declare the month of March 2004 as "Red Light Running Awareness Month". R, CALL TO THE PUBLIC Pursuant to A.R.S. §38-431-01(G), 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 property noticed, for discussion and legal action. - At the conclusion of the call to the public, individual Council members may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda. CONSENT AGENDA 14 *1.) CONSIDERATION of approving the meeting minutes of February 5, 2004. *2.) CONSIDERATION of Resolution 2004-09 approving the intergovernmental agreement for membership in the cooperative purchasing group, Strategic Alliance for Volume Expenditure (S.A.V.E.). *3.) CONSIDERATION of approving funding in the amount of approximately $1500.00 for a Paul Nordin Memorial. *4.) CONSIDERATION of approving funding in the amount of $55,377.00 for the Shea Blvd. Bike Lane Project. s min *5.) CONSIDERATION of approving an extension of 160 hours to Willdan's contract for plan review of the mountain plats and improvement plans. REGULAR AGENDA 10 min 6.) QUARTERLY BUDGET UPDATE by Accounting Supervisor Julie Ghetti. 7.) CONSIDERATION of approving a contract with Site Design Group, Inc. for services associated with the 30 min design and location of a potential skate park. 8.) CONSIDERATION of a TEMPORARY USE PERMIT to allow outdoor retail sales and similar outdoor activities to take place on specified weekends from 8:00 AM to 9:00 PM, for a period not to exceed 50 one -day events, located at 12645 & 12625 Saguaro Blvd., aka Lots 1 & 2 of the Plaza 30 min Fountainside Final Plat, Case #TU2004-02. E:\Clerk\AGENDAS\REGULAR\2004\Regular Session 2-19-04.doc Page 2 of 3 Last printed 2/17/2004 2:47 PM 9.) CONSIDERATION of the FINAL PLAT for "Parcel 1 at Eagles Nest", a 21 lot, one -tract, 51.45 acre s min single-family residential subdivision, Case #S2002-27. 10.) CONSIDERATION of the FINAL PLAT for "Parcel 2 at Eagles Nest", a 26 lot, three -tract, 58.209 acre 5 rain single-family residential subdivision, Case #S2002-24. 11.) CONSIDERATION of the FINAL PLAT for "Parcel 11 at Eagles Nest", an 18 lot, five -tract, 38.25 acre 5 min single-family residential subdivision, Case #2002-26. 12.) CONSIDERATION of RESOLUTION 2004-10 approving a funding source for the Civic Center Phase II 40 min project. 13.) CONSIDERATION of approving the contract for the selected DESIGNBUILD Team, Holder Smith 20 min Group, for the Civic Center Phase H project. 14.) CONSIDERATION of approving the revised contract with Kitchell CEM for construction management 15 min services for the Civic Center Phase H project. 15.) COUNCIL ASSESSMENT AND REVIEW of the meeting to identify procedural strengths and 5 min weaknesses and discuss possible improvements for future meetings. 16.) COUNCIL DISCUSSION/DIRECTION to the Town Manager. Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or 5 min (ii) directing staff to conduct further research and report back to the Council: NONE 5 min 17.) SUMMARY OF COUNCIL REQUESTS by Town Manager. 9:30 pm 18.) ADJOURNMENT. iTED this 17'' day of February, 2004 Bevelyn J. nder, lown Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice) or 1- 800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's office. E:\Clerk\AGENDAS\REGULAR\2004\Regular Session 2-19-04.doc Page 3 of 3 Last printed 2/17/2004 2:47 PM TOWN OF FOUNTAIN HILLS PROCLAMATION OFFICE OF THE MAYOR WHEREAS, the education of our society's youth is the single most important factor in the continued and future success oft he United States in the universal market place; and WHEREAS, in the words of Ariel and Will Durant, "Education is the transmission of civilization" and M. J. LeTendre's, "America's future walks through the doors of our schools each day"; and WHEREAS, according to Margaret Mead, "We are now at a point where we must educate our children in what no one knew yesterday and prepare our schools for what d no one knows yet" and our educators must meet this challenge while "doing more for less"; and WHEREAS, nowhere is t he need greater than in small communities such as Fountain Hills to augment, assist, and support local educational systems; and WHEREAS, the Golden Eagle Foundation was formed as a non-profit coalition of� residents in the lower Verde River Valley area to bring together the business community, parents and other concerned citizens in a concerted effort to enhance and enrich the educational experience of students from Fountain Hills, Fort McDowell Yavapai and No Verde communities to generate the funding and implementation of educational opportunities and techniques beyond the scope of the state -financed budget; and WHEREAS, through the efforts of the Golden Eagle Foundation to promote and advance the educational opportunities of local youth, 2003 graduates received $30,000 �- in scholarships; educational programs received $15,000 in support, and our school \\ district's exemplary staff received $5,000 in recognition awards; and d WHEREAS, the Golden Eagle Foundation, together with local schools, will be hosting a number of events throughout the first week of March; NOW, THEREFORE, I, WALLY NICHOLS, MAYOR of the Town of Fountain Hills, Arizona, hereby declare March 1— March 6, 2004 to be: \� "Golden Eagle Foundation Week" W.1. Nichols, Mayor AST; 1?/ter(; Z� "� cl'f �� Bevelyn J. Bender, Town Clerk TOWN OF FOUNTAIN HILLS PROCLAMA TION OFFICE OF THE MA YOR • A Proclamation • WHEREAS, red light running is a serious problem in Arizona and •\ • throughout the United States, and; • WHEREAS, motorists are more likely to be injured in crashes involving • ® red light running than in any other type of crash, and; • , WHEREAS the "Red Means Stop Coalition", the Governor's Office of • Highway Safety, local hospitals and emergency clinics, State Farm, and • • . other national, state, and local agencies are advocating for the ® prevention of red light related crashes, • ® NOW, THEREFORE, I, Wally Nichols, Mayor of the Town of Fountain • Hills, Arizona, do hereby proclaim March 1 — March 31, 2004 as: • "RED LIGHT RUNNING •� ® A WARENESS MONTH" •\ ® in Fountain Hills and encourage all residents to support the '"Red Means • Stop Coalition and recognize that red light running is a serious problem ® that causes numerous intersection crashes resulting in injuries and • �deaths. � ®� • In Witness W , Y hereof I have set m hand and caused to be affixed • the seal of the Town of F ntain Hills, Arizona, this 19t" day of February • 2004. \ Mayo .1. " ho/S Attest: ® Bevelyn ). e er, Town Clerk • Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Admin Consent:® Regular:❑ Meeting Date: 02/ 19/2004 Contact Person: Julie Ghetti Requesting Action:® Tyne of Document Needing Approval (Check all that a ❑ Public Hearing ® Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ® Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Priority (Check Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ® Finance Regular Agenda Wording: Consideration of Resolution 2004-09 approving the intergovernmental agreement for membership in the cooperative purchasing group, Strategic Alliance for Volume Expenditures (S.A.V.E.). Staff Recommendation: Approve Fiscal Impact: No $0 Purpose of Item and Background Information: Staff is recommending approval of Ordinance 04-09 that will allow the Town of Fountain Hills to participate in the cooperative purchasing program of the State of Arizona. The program offers the benefit of joining with other agencies when the Town is soliciting the same bids for a major purchase thereby taking advantage of bulk purchasing. List All Attachments as Follows: Interoffice Memo - Strategic Alliance for Volume Expenditures (S.A.V.E.); Ordinance 04-09. Type(s) of Presentation: None Signatures of Submitting Staff: ADeparnt H radTown anage \\earth\jghetti\wpdata\agenda cover sheetl.doc Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS OFFICE OF ACCOUNTING SUPERVISOR INTER OFFICE MEMO TO: Honorable Mayor and Town Council DT: February 11, 2004 THROUGH: Timothy Pickering, Town Manager FR: Julie A. Ghetti, Acco nting Supervisor RE: Strategic Alliance for Volume Administration Purchasing (S.A.V.E.) The State of Arizona has stablished a cooperative purchasing program that allows other agencies to communicate and participate in cooperative purchases. School districts, local governments and state agencies have subscribed to this program to enable them to purchase common items in bulk. For example if the Town of Fountain Hills was considering the purchase of an item that another municipality was soliciting bids for the Town would be able to be included in the RFP and thereby be eligible for purchase discounts. There is no cost to the Town to participate; however, an Intergovernmental Agreement (IGA) with the State of Arizona is required. Some of the member agencies require a separate IGA when an agency wishes to participate in a cooperative purchase; the Town may in the future present the Council with a separate IGA when such a purchase is being considered. Staff is recommending approval of the IGA with the State of Arizona for membership in the S.A.V.E. cooperative purchasing program. Encl. — Resolution 2004-09 Intergovernmental Agreement with the State Participating Members \\earth\JGhetti\WPDATA\IMCEROFFICE MEMO TEMPLATE.doc2/112004 SAVE Strategic Alliance for Volume Expenditures Cooperative Purchasing Agreements The following agencies have signed the Intergovernmental Agreement with the SAVE association as of January 26, 2004. Municipalities City of Avondale City of Chandler City of Flagstaff City of Glendale City of Mesa City of Peoria City of Scottsdale City of Tempe City of Yuma Town of Cave Creek Town of Prescott Valley Town of Queen Creek County Governments Coconino County Gila County Maricopa County Mohave County Pima County Pinal County Santa Cruz County Yuma County Colleges and Universities Arizona State University Maricopa Community College District Arizona Dept. of Administration, State Procurement Office Superstition Mountains Community Facilities District # 1 Williams Gateway Airport Authority School Districts Alhambra School District # 68 Apache Junction Unified School District # 43 Balsz School District # 31 Cartwright School District #83 Chandler Unified School District # 80 Coolidge Unified School District # 21 Cottonwood -Oak Creek School District # 6 Crane Elementary School District # 13 Deer Valley Unified School District # 97 Douglas Unified School District Dysart Unified School District # 89 Flagstaff Unified School District # 1 Florence Unified School District # 1 Gadsden Elementary School District # 32 Glendale Elementary School District # 40 Holbrook Unified School District # 3 Isaac School District # 5 Lake Havasu Unified School District # 1 Littleton Elementary School District # 65 Marana Unified School District # 6 Maricopa Unified School District Mesa Unified School District # 4 Mohawk Valley School District # 17 Naco Unified School District Nogales Unified School District # 1 Parker Unified School District # 27 Pendergast School District # 92 Phoenix Elementary School District # 1 Phoenix Union High School District #210 Prescott Unified School District # 1 Queen Creek Unified School District # 95 Roosevelt Elementary School District # 66 Round Valley Unified School District Safford Unified School District Sahuarita Unified School District Scottsdale Unified School District # 48 Sierra Vista Unified School District # 68 Sunnyside Unified School District # 12 Tempe Elementary School District # 3 Tempe Union High School District # 213 Tolleson Union High School District # 214 Tucson Unified School District Union Elementary School District # 62 Washington Elementary School District # 6 Wellton School District # 24 Willcox Unified School District Yuma School District # 1 Yuma Union High School District # 70 RESOLUTION NO.2004-09 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH ARIZONA MUNICIPALITIES AND SCHOOL DISTRICTS TO FORM A COOPERATIVE PURCHASING GROUP. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That the Intergovernmental Agreement between the Town of Fountain Hills and various Arizona municipalities and school districts to form a cooperative purchasing group is hereby approved in the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to cause the execution of the Agreement. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, February 19, 2004. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: W.J. Nichols, REVI>E ED $Y: G, // c Tim . PIckerinig, Town 9196.001\Resolutions\2004 SAVE IGA res.doc 2-11-04-1 Bevelyn J. OFnWr, Town Clerk APP VED AS TO FORM: '�� I ALL-, An rew J. McGuire, Town Attorney LM INTERGOVERNMENTAL AGREEMENT COOPERATIVE PURCHASING GROUP THIS INTERGOVERNMENTAL AGREEMENT (this "Agreement") is entered into this day of , between school districts and governmental jurisdictions in the State of Arizona, as listed in Appendix "A" hereto, through their duly authorized representative. WHEREAS, voluntary purchasing agreements between and among public agencies in the State of Arizona have been shown to improve competition, quality, services, provide lower prices for materials and services, and avoid duplication of efforts; and WHEREAS, the parties hereto desire the free exchange of information, technology, and other services that may assist in improving the efficiency or economy of the procurement of necessary materials and services; and WHEREAS, cooperative purchasing results from written agreements wherein lead agencies volunteer to purchase specified materials and services for themselves and participating cooperative members by compiling quantity estimates, preparing the bid or proposal solicitation, receiving bid or proposals and awarding a contract for use by all participating members. And, wherein the lead agency is responsible for placing, receipt and payment of its own orders only, while individual procuring parties separately process and pay for their own requirements; and WHEREAS, this Agreement will serve these ends. NOW, THEREFORE; in consideration of the mutual promises contained in this Agreement, and for the mutual benefits to result therefrom, the parties agree as follows: 1. The purpose of the Agreement is to provide for cooperative purchasing to procure materials and/or services. 2. Receipt, inspection, acceptance and payment for materials and services ordered under this Agreement shall be the exclusive obligation of the ordering entity. 3. The exercise of any rights or remedies by a procuring entity shall be the exclusive obligation of such procuring entity. 4. In this Agreement, failure of an entity to secure performance under its purchase order, does not necessarily require another entity to exercise its own rights or remedies. 5. The cooperative use of bids or proposals obtained by a party to this Agreement shall be in accordance with the terms and conditions of the bid or proposal, except as modification of those terms and conditions otherwise allowed by law. 6. The participation in a specific bid or proposal will be at the option of the individual entity, except that procuring entities and their requirements specifically identified within a bid or proposal shall be required to participate in the Agreement unless the resulting contract is canceled, as provided for within the terms and conditions of the specific bid or proposal. 7. The lead entity of the bid or proposal will comply with the competitive procurement and contract requirements of the procurement rules and laws. 8. The parties will make available, upon reasonable request and subject to convenience, necessity and, in appropriate circumstance a reasonable fee or charge, any information, technology, or other service which may assist in improving the efficiency or economy of each party's procurement or disposal of material or service. 9. A procuring party will make timely payments to the vendor for materials and services received in accordance with the terms and conditions of the procurement. Payment for materials, services, inspections, acceptance of materials and services ordered by the procuring party shall be the exclusive obligation of such procuring party. 10. The procuring party shall not use this Agreement as a method for obtaining additional concessions or reduced prices for similar materials and services. 11. The procuring party shall be responsible for the ordering of materials or services under this Agreement. A non -procuring party shall not be liable in any fashion for any violation by a procuring party, and the procuring party shall hold non -procuring party harmless from any liability which may arise from action or inaction of the procuring party. 12. Any procurement unit may terminate, without notice, this Agreement if another eligible procurement unit fails to comply with the terms of this Agreement. 13. This Agreement is exempt from the provisions of A.R.S. 11-952. 14. This Agreement shall remain in effect until participation has been terminated by all but one of the parties. Except as provided in Paragraph 12, any party to this Agreement may terminate their participation in this Agreement by giving 30 day written notice to all other parties to this Agreement. 15. This Agreement shall take effect after execution by participating parties. Pursuant to A.R.S. Section 41-2632 and Subsection R7-2-1191 of A.A.C. R7-2-1001, this Agreement need not be filed with the County Recorder or the Secretary of State to be effective, except as may be required by the laws, rules and/or regulations of a participating public agency. 16. This Agreement may be canceled pursuant to provisions of A.R.S. Section 38-511 which provisions are incorporated herein by this reference. 17. This Agreement shall become effective upon approval and execution by the authorized representative of all public agencies listed in Appendix "A". 18. The parties to this Agreement hereby agree that other agencies may be added to this Cooperative Purchasing Group upon approval of the applicants' governing bodies and the filing of its signature page with this Agreement at the Secretary of State Office. IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective the date first written above. TOWN OF FOUNTAILLS, an Arizona, municipal ara .0 ATTEST: .� . lam, .� �I In accordance with the requirements of ARIZ. REV. STAT. §11-952(D), the undersigned attorney acknowledges that (i) he has reviewed the above Agreement on behalf of his client and that (ii) as to his client only, he has determined that this 5Aeement iis�m proper form and is within the powers and authority granted under the laws of tho fa. G Andrew J. McGuire, Town Attorney Appendix A (revised 08/25/2003) Strategic Alliance for Volume Expenditures SAVE Cooperative Purchasing Agreements The following agencies have signed the Intergovernmental Agreement with the SAVE association as of August 25, 2003. City of Avondale City of Chandler City of Flagstaff City of Glendale City of Mesa City of Peoria City of Scottsdale City of Tempe City of Yuma Town of Cave Creek Town of Queen Creek Gila County Maricopa County Mohave County Pima County Pinal County Santa Cruz County Yuma County Arizona State University Maricopa Community College District Arizona Dept. of Administration, State Procurement Office Williams Gateway Airport Authority Alhambra School District # 68 Apache Junction Unified School District # 43 Cartwright School District #83 Chandler Unified School District # 80 Cottonwood -Oak Creek School District # 6 Crane Elementary School District # 13 Deer Valley Unified School District Douglas Unified School District Dysart Unified School District # 89 Flagstaff Unified School District # 1 Florence Unified School District # 1 Gadsden Elementary School District # 32 Holbrook Unified School District # 3 Isaac School District # 5 Lake Havasu Unified School District # 1 Marana Unified School District # 6 Mesa Unified School District # 4 Mohawk Valley School District # 17 Naco Unified School District Nogales Unified School District # 1 Parker Unified School District # 27 Phoenix Elementary School District # 1 Phoenix Union High School District #210 Queen Creek Unified School District # 95 Roosevelt Elementary School District # 66 Round Valley Unified School District Safford Unified School District Scottsdale Unified School District # 48 Sierra Vista Unified School District # 68 Tempe Elementary School District # 3 Tempe Union High School District # 213 Tolleson Union High School District # 214 Tucson Unified School District Washington Elementary School District # 6 Yuma School District # 1 Yuma Union High School District # 70 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Administration Consent:❑ Regular:® Meeting Date: 2/19/04 Contact Person: Joan McIntosh Requesting Action:® Tyne of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Priority (Check Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ® Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ® Finance Regular Agenda Wording: Consideration of approving funding in the amount of approximately $1,500 for a Paul Nordin Memorial Staff Recommendation: Approve Fiscal Impact: Yes $1,500 •.O. Purpose of Item and Background Information: Paul Nordin, the Town's first Town Manager, passed away on May 12, 2003. The Town Council subsequently received requests from community members to establish a memorial for Mr. Nordin. The Council requested that the Employee Services Committee discuss and recommend options for them to consider for a Paul Nordin memorial. The Committee agreed on three options to be considered by the Council. Those options are outlined in the attached memo. List All Attachments as Follows: Memo and attachment dated September 29, 2003 Type(s) of Presentation: None Signatures of Submitting Staff: Department Head Town Manager Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS OFFICE OF HUMAN RESOURCES INTER OFFICE MEMO TO: The Honorable Mayor Nichols and DT: September 29, 2003 Council Members Through Tim Pickering, Town Manager • RE: Paul Nordin Memorial FRJoan McIntosh • Human Resources Administrator In response to your request, the Employee Services Committee has met several times to discuss ideas for a Paul Nordin Memorial. The Committee would like to suggest the following options for the Council's consideration: The common area between the Community Center and Library be named after Paul; i.e. "Paul Nordin Square." A plaque would be placed in his memory, as well as a park bench with the inscription "Sit a spell in memory of Paul Nordin, May 12, 2003" (see attached picture). If the Town Hall and Performing Arts Center are eventually built on that same parcel of land, the Committee felt it would be especially appropriate to name the common area after Paul, rather than one of the buildings as has been suggested in the past. 2. A street named after Paul - perhaps the street that leads to the Town Center off of Saguaro. 3. A ramada at Fountain Park named after Paul with the same bench described above facing the fountain. If we stayed with the same benches that are currently used in the park, they do not have solid seats; however, there could be a cement slab placed in the ground by the bench with the above inscription. There would also be a plaque posted at the ramada in memory of Paul. None of these options will cost more than $1,500. Please let Mr. Pickering know when you would like to discuss the above options at a future Council Meeting, and in what direction the Council would like to proceed. Attachment Mcintosh\\\earth\NORDINMEMORIAL\interotficememo.doc S►IT -Ft r �� CRC-pSA�Q►_,: � n�„ �• �,�,; scrip •__ ems{* s�I�J► w'�t' ��� ,gyp R' •.x: `7� a 7tf' � i s r Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:® Regular:❑ Meeting Date: 2/19/04 Contact Person: Tom Ward Requesting Action:® TvDe of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Priority (Check Appropriate Areas): Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ® Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ® Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda Wording: Consideration of approving funding in the amount of $55,377 for the Shea Blvd. Bike Lane Project. Staff Recommendation: Approve Fiscal Imp*Yes $55,377 Purpose of Item and Background Information: The Shea Bike Lane Project will consist of new center medians with landscaping and bike lane along the south side of Shea Blvd. Project limits are from Palisades Blvd. to the Four Peaks Plaza, with the exception of those medians either under construction or previously constructed. Funds in the amount of $55,377 could be appropriated from the Development Fees Fund, since the widening of Shea Blvd. was specifically listed as projected capital infrastructure. Firerock's portion is estimated at $104,938 and will be paid upon substantial completion of the project. List All Attachments as Follows: Staff memo, Firerock agreement, Copy of IGA Tvpe(s) of Presentation: Signatures of Submitting Staff: partment Head Town Manager 11 Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Council DT: February 9, 2004 FR: Thomas L. d, irector of Public Works RE: Shea Bike Lane Project _—J v 1000 The Shea Bike Lane Project will consist of new center medians with landscaping and bike lane along the south side of Shea Blvd. Project limits are from Palisades Blvd. to the Four Peaks Plaza, with the exception of those medians either under construction or previously constructed. The total project costs, as estimated in'the IGA'with ADOT is $495,377.00. Estimated Town funding is projected to be $55,377, provided that construction bids come in as estimated. In order for ADOT to solicit bids, the Town is required, under the IGA, to deposit the entire $55,377 with the State of Arizona. When the 03-04 budget was approved, it was understood that Firerock, LLC would participate by fronting the Town's portion of the IGA. Since that time, Firerock has decided they would rather make their contribution after all construction_ is substantially complete. Firerock's portion is estimated at $104,938 (see attached correspondence). From a budgetary standpoint, funds in the amount of $55,377 could be appropriated from the Development Fees Fund, since the widening of Shea Blvd. was specifically listed as projected capital infrastructure. Staff therefore recommends that funds in the amount of $55,377 be appropriated from the Streets portion of the Development Fees. att. EADept Corr\Tom Ward\Shea Bike Lane Project 2-9-04.doc Chron 008 \\earth\BBrannon0ept Corr\Randy\MCO Payment Schedule Agreement for Shea Medians 1-5-04.doc Chron 001 0 q i t b that is Town of FOUNTAIN HILLS Public Works Department r.,.,uar- , { good Revised januai=y 20, 2004 Revised January 23, 2004 Greg Bielli/Ben Dutton FireRock LLC 16930 E. Palisades Blvd. Fountain Hills, AZ 85268 Re: FCC's Median Payment Schedule - Shea Bike Lanes Project Gentlemen: A number of recent correspondences between Firerock Country Club LLC (hereafter FCC) and the Town have dealt with FCC's payment amount and payment schedule for its remaining participation in Shea Blvd. median work, which is designed, and will be constructed, as a part of the above Shea Bike Lanes Project. This FCC payment (together with the Balera medians currently under construction by FCC) completes FCC's responsibility for the Shea Blvd. medians with respect to the Firerock Master Plat. The Town is willing to allow the following FCC payment schedule for this project: • Substantial Completion of the Shea Bike Lane Project (which includes construction of the two remaining gaps in the Shea center median curb, landscape, and irrigation) - $104,938. Payment is due within 30 days after receipt of notification of substantial completion and receipt of an invoice from the Town. If substantial completion of the Bike Lane Project has not occurred within two years after the date of this letter, FCC shall pay the Town the reduced amount of $52,469. Please indicate your acceptance of this payment schedule below. Thank you for your participation in this project. Very truly yours, Randy L. arrel, P.E., L.S. Town Engineer Cc: Tim Pickering Tom Ward Julie Ghetti Accepted by FCC: - ' 4:; �0� Date: I 41 16836 East Palisades Boulevard, Building C — P.O. Box 17958 — Fountain Hills, Arizona 85269 — (480) 837-2003 — FAX: (480) 837-1404 AG Contract No.: KR03-0389TRN ADOT ECS File No. JPA 02-191 Project No.: 0000 CM FTH TRACS No SS451 01 C Project: Shea Boulevard Bike Path INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE TOWN OF FOUNTAIN HILLS THIS AGREEMENT is entered into 1-12 , 2003, pursuant to Arizona Revised Statutes, Sections 11-951 thr u 11-954, as amended, between the STATE OF ARIZONA, acting by and through its DEPART ENT OF TRANSPORTATION (the "State") and the TOWN OF FOUNTAIN HILLS acting by and through its MAYOR and TOWN COUNCIL (the "Town"). I. RECITALS 1 The State is empowered by Arizona Revised Statutes Section 28-401 and 28-334 to enter into this agreement and has delegated to the undersigned the authority to execute this agreement on behalf of the State. 2. The Town is empowered by Arizona Revised Statutes Section 48-572 to enter into this agreement and has by resolution, a copy of which is attached hereto and made a part hereof, resolved to enter into this agreement and has authorized the undersigned to execute this agreement on behalf of the Town 3. Congress has authorized appropriations for, but not limited to, the construction of streets and primary, feeder and farm -to -market roads; the replacement of bridges, the elimination of roadside obstacles, and the application of pavement markings. 4. Such project within the boundary of the Town has been selected by the Town, the field survey of the project has been completed; and the plans, estimates and specifications have been prepared and, as required, submitted to the Federal Highway Administration (FHWA) for its approval. 5. The only interest of the State in the project is in the acquisition of federal funds for the use and benefit of the Town by reason of federal law and regulations under which funds for the project are authorized to be expended. NO. _ �LaO7S Filed with the 5epretary of St&to 'led: 0 Secreta of S By. (,f5 Page 2 JPA 02-191 6. The Town, in order to obtain federal funds for the construction of the project, is willing to provide Town funds to match federal funds in the ratio required or as finally fixed and determined by the Town and FHWA, including actual construction engineering and administration costs (CE). 7. The work embraced in this agreement is the construction of a bike path, and the estimated costs are as follows: Estimated Construction Cost: ........................................................................ $410,250.00 5% Contingency: ...................................................................... .................... $ 20,513.00 Estimated subtotal Construction Cost: .......................................................... $430.763.00 15% Construction Engineering Cost:............................................................ $ 64,614.00 TOTAL ESTIMATED CONSTRUCTION COST: ........................................... $495,377.00 Shared Federal -Aid Safety Funds @ 94.3%:................................................ $440,000.00 Shared Town of Fountain Hills Funds @ 5.7%:............................................ $ 26,596.00 Estimated Additional Town of Fountain Hills Funds @ 100%:...................... $ 28,781.00 Estimated Total Town of Fountain Hills Funds: ............................................ $ 55,377.00 'Includes Construction Engineering at 15% and Change Orders at 5%. THEREFORE, in consideration of the mutual covenants expressed herein, it is agreed as follows: II. SCOPE OF WORK 1. The State shall submit a program containing the aforementioned project to FHWA with the recommendation that it be approved for construction. a. If such project is approved for construction by FHWA and the funds are available for construction, the Town will and does hereby designate the State as authorized agent for the Town. The State hereby agrees to be authorized agent for the Town, and with the aid and consent of the Town and the FHWA will proceed to advertise for, receive and open bids, and subject to the concurrence of the Town and the FHWA, enter into a contract with a firm on behalf of the Town to whom the award is made for the construction of the project; such project to be performed, completed, accepted and paid for in accordance with the instructions and requirements of the Town and the Standard Specifications for Road and Bridge Construction of the Arizona Department of Transportation. The State will enter into a Project Agreement with FHWA on behalf of the Town covering the work embraced in said construction contract and will request the maximum federal funds available, including construction engineering and administration costs. Should costs exceed the maximum federal funds available, it is understood and agreed that the Town will be responsible for any overage. b. Should unforeseen conditions or circumstances increase the cost of said work required by a change in the extent or scope of the work called for in this agreement, the Town shall be obligated to incur and will pay for said increased costs. 2. Prior to the solicitation of bids, the Town shall deposit funds with the State in the amount determined to be necessary to match federal funds in the ratio required. 3. The Town shall acquire the necessary right-of-way and hereby certifies that all necessary rights - of -way have been or will be acquired prior to advertisement for bid. 4. The Town shall remove from the proposed right-of-way all obstructions or unauthorized encroachments of whatever nature, either above or below the surface of the roadway, and hereby Page 3 JPA 02-191 certifies that all obstructions and encroachments have been or will be removed there from, prior to the start of construction. 5. The Town shall not permit or allow any encroachments, except those authorized by permit, upon, or private use of, the right of way. In the event of any unauthorized encroachment or improper use, the Town shall take all necessary steps to remove or prevent any such encroachment or use. 6. Upon completion of construction, the Town shall provide for, at its own costs and as an annual item in its budget, proper maintenance will be provided, all in accordance with the requirements of the current edition of the Manual on Uniform Traffic Control Devises for Streets and Highways. III. MISCELLANEOUS PROVISIONS 1. The State assumes no financial obligation or liability under this agreement. The Town assumes full responsibility for the design, plans and specifications, reports, the engineering in connection therewith, and the construction of the improvements contemplated, cost over -runs and construction claims. It is understood and agreed that the State's participation is confined solely to securing federal aid; that any damages arising from carrying out, in any respect, the terms of this agreement or any modification thereof, shall be solely the liability of the Town and that the Town hereby agrees to save and hold harmless and indemnify from loss the State, any of its departments, agencies, officers or employees from any and all cost and/or damage incurred by any of the above and from any other damage to any person or property whatsoever, which is caused by any activity, condition, or event arising out of the performance or nonperformance of any provisions of this agreement by the State, any of its departments, agencies, officers and employees, the Town, any of its agents, officers and employees, or any of its independent contractors. Costs incurred by the State, any of its departments, agencies, officers or employees shall include in the event of any action, court costs, and expenses of litigation or attorneys' fees. 2. The cost of the design, construction and construction engineering work covered by this agreement is to be borne by FHWA and Town, each in the proportion prescribed or as fixed and determined by the FHWA as stipulated in this agreement. Therefore, Town agrees to furnish and provide the difference between the total cost of the work provided for in this agreement and the amount of federal aid received. 3. This agreement shall remain in force and effect until completion of the work; provided, however, that any provisions in this agreement for maintenance shall be perpetual, unless assumed by another entity. 4. This agreement shall become effective upon filing with the Secretary of State. 5. This agreement may be cancelled in accordance with Arizona Revised Statutes Section 38-511. 6. The provisions of Arizona Revised Statutes Section 35-214 are applicable to this contract. 7. In the event of any controversy, which may arise out of this agreement, the parties hereto agree to abide by required arbitration as is set forth for public works contracts in Arizona Revised Statutes Section 12-1518. 8. All notices or demands upon any party to this agreement shall be in writing and shall be delivered in person or sent by mail addressed as follows: Page 4 JPA 02-191 Arizona Department of Transportation Joint Project Administration 205 S. 17th Avenue — Mail Drop 616E Phoenix, AZ 85007 FAX (602-712-7424 Town of Fountain Hills Town Manager 16836 East Palisades Boulevard, Fountain Hills, AZ 85269 9. Attached hereto and incorporated herein is the written determination of each party's legal counsel that the parties are authorized under the laws of this state to enter into this agreement and that the agreement is in proper form. IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. TOWN OF FOUNTAIN HILLS 1 By BEVELYN J,.,BENDER �— Town Clerk/ 02-191 ENVIR-Fountain Hilts-Enhncmnt 17Mar 2003 - ly STATE O .ARIZONA Departm ' of Transport tion� By ' ���� USAN TELLEZ Contract Administrator JPA 02-191 APPROVAL OF THE TOWN OF FOUNTAIN HILLS ATTORNEY I have reviewed the above referenced proposed intergovernmental agreement, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the "State") and FOUNTAIN HILLS, declare this agreement to in proper form and within the powers and authority granted to the Town under the laws of the State of Arizona. No opinion is expressed as to the authority of the State to enter into this agreement. DATED this day of MPH 2003. C Attorney `%W RESOLUTION NO. 2003-18 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA FOR THE CONSTRUCTION OF THE SHEA BOULEVARD BIKE PATH. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA as follows: SECTION 1. That the Intergovernmental Agreement between the Town of Fountain Hills and the State of Arizona for the construction of the Shea Boulevard Bike Path is hereby approved in the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to cause the execution of the Agreement. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, May 1, 2003. FOR THE TOWN OF Timothy Pickering, Town Manager 9196.001\ RCs Jubosl ADOT IGA.ms.dm 4-23--03.1 HILLS: ATTESTED TO: Bevelyn J. Bgffder,; -own Clerk , C APPR VED AS TO FORM: Andrew J. McGuire, Town Attorney TERRY GODDARD ATTORNEY GENERAL OFFICE OF THE ATTORNEY GENERAL STATE OF ARIZONA INTERGOVERNMENTAL AGREEMENT DETERMINATION CIVIL DIVISION TRANSPORTATION SECTION WFu ER'SDIRECTLINE602.542-8855 A.G. Contract No. KR03-0389TRN (JPA 02-191), an Agreement between public agencies, has been reviewed pursuant to A.R.S. § 11-952, as amended, by the Undersigned Assistant Attorney General who has determined that it is in the proper form and is within the powers and authority granted to the State of Arizona. No opinion is expressed as to the authority of the remaining Parties, other than the State or its agencies, to enter into said Agreement. DATED June 3, 2003. /ss aft TERRY GODDARD Attorney General "--Z- SU. _ N E. OAVIS , Assistant AttorneyGeneral Transportation Section 1275 WEST WASHINGTON, PHOENIX, ARIZONA 85007-2926 • PHONE 602.542.1680 • FAX 602.542.3646 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:® Regular:❑ Meeting Date: 2/ 19/04 Contact Person: Tom Ward Requesting Action:® TVDe of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement .❑ Grant Submission ❑ LiquorBingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Report Only:❑ ❑ Ordinance ❑ Special Event Permit ® Acceptance ❑ Plat Council Priority�Lheck Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Library Services ❑ Public Safety ❑ Community Activities ❑ Economic Development ® Public Works ❑ Human Service Needs ❑ Parks & Recreation ❑ Town Elections ❑ Community. Development. ❑ Finance Regular Agenda Wordinjz: Consideration of approving an extension of 160 hours to W.illdan's contract for Man review of the mountain plats and improvement plans. Staff Recommendation: Approve Fiscal Impact: Yes $12,800 Purpose of Item and Background Information: Staff has utilized the services of Willdan for the past month to review mountain plats and improvement plans. Substantial work remains to be done before the current improvement plan reviews are completed. List All Attachments as Follows: Staff memo Type(s) of Presentation: Signatures of Submitting Staff: epartm .nt ead Town Managbr Budget Review (if item not budgeted or exceeds budget amount) EADept Con\Tom Ward\Mountain Plats Plan Review Request.doc TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Council DT: February 13, 2004 FR: Thomas L a , Director of Public Works RE: Contract Plan Review Mountain Plats For the past month, staff has been utilizing the services of Willdan to review mountain plats and improvement plans. The contract plan reviewer has been of valuable assistance. Dedicating him solely to their review has at least doubled the plan review time available for those,pirojects during the time that he has been here. Coupled with allowing the mountain plats to go to the Council at an earlier review stage than we would normally permit, having Willdan available has allowed us to continue to make good progress toward meeting our Settlement Agreement commitments to MCO. These commitments have been further defined in several recent "Demand Letters" from MCO, regarding our expedited plan review. The mountain plats that have not yet been approved by the Town Council are at an earlier submittal level, and require substantially more review work to even take them for Town Council review. Additionally, MCO's goal (and ours) is certainly to be able to begin construction (as:well as recordation) on these parcels as soon as possible. Although our recent concentrated effort has been to send these plats to Council for approval as quickly as feasible, substantial work remains to be done before the current improvement plan reviews are completed, not to mention review of the revised plans once MCO's consultants re -submit these plans (and since they are using several different consulting firms, they can turn -around a lot of plans quickly). Without the efforts by Willdan, staff's work on Town projects (including the Shea Bike Lanes, traffic signals, etc.) and other developer projects will slow even more than they already have, in order to prioritize MCO's mountain plat projects. Staff requests that the dollar amount on Willdan's current contract for plan review be extended for an additional 160 hours ($12,800). Although it's difficult to estimate how much additional review time will actually be needed, an additional month of work would be extremely helpful, and would go a long way toward these goals. Staff recommends approval of this request. �WILLDANServing Public � February 13, 2004 Mr. Timothy G. Pickering, CEcD Town Manager Town of Fountain Hills 16836 East Palisades Boulevard Fountain Hills, Arizona 85269 1717 W. Northern Avenue, Suite 112 Phoenix, Arizona 85021-5469 602/870.7600 fax 602/870.7601 www.wilidan.com Subject: Second Amendment to the Professional Services Agreement for Engineering Plan Check Services Dear Mr. Pickering: This serves as the second Amendment to the Professional Services Agreement for Public Works Plan Review and Inspection Services. The following is a description of the amended services: 1. Provide one on -site plan checker (Nick Bernoski, E.I.T.) from February 19, 2004, through March 17, 2004, for 40 hours per week to assist with plan review of subdivisions or other development review projects as directed by the Town Engineer. The fee for the above services will be charged at the hourly billing rate of $80 per hour for 160 hours, not -to -exceed $12,800.00 (including travel and subsistence). We hope this amendment meets with your approval. However, if it does not meet your expectations, we would appreciate the opportunity to review your concerns and adjust our scope of work and fee accordingly. If you have any questions or need additional information regarding this proposal, please contact Ms. Susanna R. Struble at (602) 879-7600 or sstruble@willdan.com. If accepted, we understand this agreement is subject to cancellation by the Town pursuant to Arizona Revised Statute 38-511. Respectfully submitted, WILLDAN Accepted 4'AAY'l/v, ZA c Susanna R. Struble, P.E, Sr. V.P. own of Fountain Arizona Regional Manager Timothy G. Picke Town Manager SUS:ad:tvp Cc: David Hunt, Willdan, Orange County John Poole, Willdan E:\PROPOSAL\2004\Engineering\Fountain Hills\SecondAmendment - Eng.Plan Check Service.doc 191 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Admin Consent:® Regular:❑ Meeting Date: 02/ 19/2004 Contact Person: Julie Ghetti Requesting Action:® Tyne of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Priority (Check Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Regular Agenda Wording: Quarterly budget update. Staff Recommendation: Approve Fiscal Impact: No $00 Report Only:[] ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ® Finance Purpose of Item and Background Information: Staff is presenting the Town of Fountairi Hills financial report for the second quarter ending December 31, 2003. List All Attachments as Follows: Powerpoint presentation. Type(s) of Presentation: PowerPoint Signatures of Submitting Staff: Budget Review (if item not budgeted or exceeds budget amount) Town Manager / Designee \\earth\jghetti\wpdata\agenda cover sheetl.doc Quarterly Budget and Activity Report 0` I & ti d For the six month period ending December 31, 2003 February 19, 2004 Highlights . Revenues exceeded expenditures in general fund by $987,700 and $326,183 in HURF . Building permit fees on pace to exceed budget . General fund balance currently $5M, goal was $4.7M . General fund expenditures down 21% from prior year, primarily wages and benefits February 19, 2004 General Fund ; 7.0 $6.0 $6.0 $4.0 $3.0 i ■Revenues ❑Expenditures © Fund BaWnce $2.0 1.0 0.0 •12/2003 •12/2002 Dec. Dec. FY03-04 FY02-03 Revenues $6.2M $5.4M Expenditures $5.3M $6.6M Revenues vs expenditures $0.914 ($1.2M) Fund Balance $5.OM $2.5M February 19, 204 1 General Fund Top Revenue Sources TW FFsa Newrue Sources CagrrN neiYm no2Jol uWFY83104 loc s.b• T .....S29M.� erw r.mw. -.. �SY.etl Fuvm Ta < AIi,SH lYuaWi •.... aiaea' a.,.sw n. YnFif lmW MYw. k Fw .0 n a� Frt Y.a.x<PmeYmTu •-_. �� (m i§—) . ��... ■1WY In Ds FV 201H-1000 Adel 9.4taWp W� ___� i5Te91e: OlWy io pa FY 2Wi�2UO3 Adu•I February 19, 2004 Local Sales Tax LOCAL SALE M COUSC OM 1LLY IHROLCH OFLFMBNFt 30U1 $2.9M ....... M ^^ $1.2M greater than same period last fiscal year at 2.6% Retail = 43% of total local sales tax ..+.+da compared to 35% first a Pa. half of last fiscal year -� Construction = 21% .. •_ lll HW (in compared to 31% last ono„� fiscal year February 19, 2004 Building Permit and Related Activity " Permit revenue = 162% of six month budget Permit Activity: FY2003-2004 Budget FY2003-2004 Actual FY2002-2003 Actual Single Family 125 70 57 Multi Family 175 96 80 Commercial 10 8 6 Permit Fees $769,250 $625,051 $492,091 February 19, 2004 2 General Fund Expenditures Cate 6 Mos Ending 12/31/2003 6 Mos Ending 12/31/2002 (Under)/Over Prim Year Wages & Benefits $1,475,112 $2,301,511 ($826,399) Contractual $2,701,425 $2,400,529 $300,896 Repalrs & Maintenance $248,633 $391,657 ($143,024) SuppBes & SmIm $828,742 $989,103 ($160,361) Capital Outlay $12,965 $3,250 $9,715 Transfers/Contingency $7,044 1 $547,882 ($540,838) Total $5,273,9211 $6,633,932 1 ($1,360,011) February 19, 2004 Highway User (HURF) Fund Highway User Fund V 6 Mos. Pt 6 Mos. FY03-04 FY02-03 Revenues $0.7M $0.7M Expenditures $0.5M $0.7M Revenues vs expenditures $0.2M $0.0M Fund Balance $0.5m ($0.0) February 19, 2009 Excise (Local Sales) Tax Fund Mountain Downtown Preservation Develooment Revenues $211,128 $70,376 Expenditures $160,831 $ 8,672 Fund Balance 12/31/03 $1,444,271 $825,442 February 19, 2004 3 Current Balance Sheet (All Funds) Md February 19, 2004 Town of Fountain Hills Town Council Agenda Action Form Meeting,Typei Regular Meeting Meeting Date. February 19, 2004 umrttig Depat�nerit Parks and Recreation Contact Person;. Mark C. Mayer Consent:❑ Regular:® Requesting Action:,® Report f)rily❑ e�of'Document Nec1In An�rtival f Check all thaC au tl ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ® Other: Contract Council Priority' (Check Abvropriate'Areas) ❑ Education ❑ Public Fitness ❑ Public Safety ® Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ® Parks & Recreation Regular Agenda Wording: ll Consideration of approving a contract with Site Design Group, Inc. for services associated with the design and location of a potential skate park Disapprove Yes $8,810 �.. s rnose`of itexti aid $+eoltiid Inf[trtataon;' The Parks and Recreation Commission has recommended that the Town enter into a contract with Site Design Group, Inc. to assist with public meeting(s), siteing, schematic design, and layout for a potential skate park. Currently, the Town has $60,000 budgeted to install either a modular skate park or pay for an architect to design an excavated concrete facility. Under this contract, Site Design Group, Inc. would invite public comments from potential skate park users regarding their preference for different kinds of skate parks. Because the potential users may express a preference ranging up to an excavated concrete facility, having a potential cost of several hundred thousand dollars, and because a source has not yet been identified for these additional funds, staff does not support this request. Oral Department Town Manager Memo Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS OFFICE OF �r Parks and Recreation TO: Honorable Mayor an To n Council DATE: February 10, 2004 FR: Mark C. Mayer, Director Parks and Recreation Department RE: Skate Park BACKGROUND: On February 18, 1999, the Town Council approved the Master Plan for the development of Four Peaks Park. Included in the design was a skate park proposed for the northwest corner of the park. A copy of the approved Master Plan is included as attachment A. Subsequently, there was interest expressed to the Parks and Recreation Commission from supporters of a skate park for a temporary facility to be installed at Four Peaks Park until such time as the permanent facility could be built. The Commission agreed to provide this temporary facility and the necessary funds came from the Town to accomplish this. Installation of the temporary wooden skate park occurred in mid -March of 2000, with the grand opening celebration on April 1, 2000. The temporary facility rather quickly became unsafe due to both vandalism and the lack of a quality product capable of handling the use. The temporary facility was removed due to its unsafe condition in the fall of 2001. The Parks and Recreation Commission has continued to support the concept of a permanent skate park in Four Peaks Park, and has continued to list this item in the Department's Five Year Capital Improvement Plan. Both Park and Recreation staff and the Commission reviewed this capital improvement plan in preparation of the 2003-2004 budget. It was determined that some $60,000 should be requested in the current budget to provide either the necessary modular pieces for a skate park or fees for a consultant to design an excavated concrete skate park, pending a decision upon which type would ultimately be selected. Since the adoption of the current year's budget, staff has been working with the Commission to determine which type of facility would ultimately be constructed. Staff and the Commission have also been considering if an alternative location within Four Peaks Park, i.e. on the east side of the park, might prove a more suitable location. Several months ago a local organization in support of a skate park formed with Ms. Phyliss Kern as its spokesperson. The Parks and Recreation Commission Chair, Dick Schmidt and I have attended many of the Skate Park Committee's meetings at the group's request. Ms. Kern and several individuals from her committee have attended a number of meetings on this topic hosted by the Parks and Recreation Department, to which both potential users of a skate park and the Four Peaks area neighbors were invited. They have also attended a number of Parks and Recreation Commission meetings where this topic was discussed. \\earth\MMayer\My Documents\Council - Skate Park proposal.doc4:19 PM At approximately the same time, a number of residents adjacent to Four Peaks Park also assembled to form a group. This group is headed by Mr. John Turner. Mr. Turner and representatives from his group have also attended the public and Commission meetings on this topic to express their concerns with the location of the skate park in their neighborhood. Additionally, the neighbors have expressed concerns with the potential for noise, vandalism and crime as their three biggest fears. At a public meeting held on Saturday, August 9, to which potential users of a skate park were invited, those present were asked for their preference. By a narrow margin those present chose to have a smaller modular system put in now, but to reserve as much of the funds as practical to begin a fund-raising campaign to support the installation of an excavated concrete skate park. The local skate park committee has expressed a willingness to raise additional funds to have an excavated concrete skate park installed. The skate park committee is concerned that the installation of a modular structure, prior to their fundraising efforts, would compromise their ability to raise additional funds for the project. At the November 10 Parks and Recreation Commission meeting the Commission requested that staff research the cost of utilizing a consultant, in addition to gathering public comments by both those in support and those in opposition to the skate park at Four Peaks Park, and to consider other potential sites. Staff contacted Site Design Group, Inc., a valley firm that has completed a number of skate park facilities throughout the country, including many in the valley, to provide a proposal for scope of services and the fees for those services. Site Design Group's proposal would primarily include the following work at a cost of $8,810, with a timeline for completion within thirty-four working days: 1) Collect and analyze information to determine the best course of action for the Town regarding skate park development, 2) Provide a recommendation of the most appropriate site suited for the project, and 3) Provide a programming, conceptual and schematic design, and cost estimate of the proposed skate park based on public input. The Parks and Recreation Commission voted unanimously at its December 8 meeting to recommend acceptance of the proposal, pending a review by the Town Manager, and if necessary, the Town Attorney. Because acceptance of the proposal has the potential to provide a recommendation from the consultant that is significantly more expensive, at hundreds of thousands of dollars for an excavated concrete bowl, versus the $60,000 that is currently budgeted, and that no source for those additional funds has been identified, staff does not support the request. \\earth\MMayer\My Documents\Council - Skate Park proposal.doc4:19 PM PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND SITE DESIGN GROUP, INC. THIS PROFESSIONAL SERVICES AGREEMENT (this "Agreement") is made as of , 2004, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town"), and Site Design Group, Inc., an Arizona corporation (the "Contractor"). RECITALS A. The Town requested that the Contractor submit a proposal for professional feasibility and design services (the "Services") for the Town's Skate Park Project (the "Project"). The Project consists of four phases. B. Contractor submitted a proposal to the Town for the Services (the "Proposal"), attached hereto as Exhibit A and incorporated herein by reference. The Town desires to enter into this Agreement with Contractor for Phase One Services, consisting of site selection, and programming, conceptual and schematic design of the Project ("Phase One Services"). AGREEMENT NOW, THEREFORE, for good and valuable consideration, the adequacy and sufficiency ��.• of which is hereby acknowledged, parties hereto agree as follows: 1. Term of Agreement. The term of this Agreement is for one year. The Town may renew the Agreement for up to two one-year periods, subject to an annual review and satisfactory negotiation of terms, the concurrence of the Town Council and the annual availability of appropriations. 2. Scope of Work. Contractor shall provide the Phase One Services as set forth in the Scope of Work, attached hereto as Exhibit B and incorporated herein by this reference. 3. Compensation. The Town shall pay Contractor a price not to exceed $8,810.00, as more particularly set forth in Exhibit C, attached hereto and incorporated herein by reference. 4. Payments. The Town shall pay the Contractor monthly, based upon work performed and completion to date, and upon submission and approval of invoices. All invoices shall document and itemize all work completed to date. The invoice statement shall include a record of time expended and work performed in sufficient detail to justify payment. Final payment will be made after a final preferred skate park plan is delivered to and accepted by the Town. 5. Documents. All documents prepared and submitted to the Town pursuant to this Agreement shall be the property of the Town. 6. Contractor Personnel. Contractor shall provide adequate, experienced personnel, capable of and devote to the successful completion of the Services to be performed under this Agreement. Contractor agrees to assign specific individuals to key positions. Contractor agrees that, upon commencement of the Services to be performed under this Agreement, key personnel shall not be removed or replaced prior without 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, Contractor shall immediately notify the Town of same and shall, subject to the concurrence of the Town, replace such personnel with personnel of substantially equal ability and qualifications. 7. Inspection; Acceptance. All work shall be subject to inspection, testing and acceptance by the Town at reasonable times during Contractor's performance. The Contractor shall provide and maintain a self -inspection system that is acceptable to the Town. 8. Licenses. Contractor shall maintain in current status all federal, state and local licenses and permits required for the operation of the business conducted by the Contractor. 9. Indemnification. To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the Town, its agents, representatives, officers, directors, officials and employees for, from and against all claims, damages, losses and expenses (including but not limited to attorneys' fees, court costs and the cost of appellate proceedings) relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of the Contractor, its employees, agents, or any tier of subcontractors in the performance of this Agreement. Contractor's duty to defend, hold harmless and indemnify the Town, its agents, representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment or destruction of property, including loss of use resulting therefrom, caused by any acts, errors, mistakes, omissions, work or services in the performance of this Agreement of any employee of the Contractor or any tier of subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services the Contractor may be legally liable. 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. 10. Insurance. 10.1 General. a. Insurer Qualifications. Without limiting any obligations or liabilities of Contractor, Contractor shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies duly licensed by the State of Arizona 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 Contractor. The Town reserves the right to review any and all of the insurance policies 9196.009\Site Design agt.doc 2-4-04-1 2 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 Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement. C. Additional Insured. All insurance coverage and self -insured retention or deductible portions, 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. e. Primary Insurance. Contractor'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 �ftl 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, including Workers' Compensation insurance, shall contain a waiver of rights of recovery (subrogation) against the Town, its agents, representatives, officials, officers and employees for any claims arising out of the work or services of Contractor. Contractor shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto. 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. Contractor shall be solely responsible for any such deductible or self -insured retention amount. The Town, at its option, may require Contractor to secure payment of such deductible or self -insured retention by a surety bond or irrevocable and unconditional letter of credit. i. Use of Subcontractors. If any work under this Agreement is subcontracted in any way, Contractor shall execute written agreement with Subcontractor containing the indemnification provisions set forth in this Section and insurance requirements set forth herein protecting the Town and Contractor. Contractor shall be 9196.009\Site Design agt.doc 2-4-04-1 responsible for executing the agreement with Subcontractor and obtaining certificates of insurance verifying the insurance requirements. j. Evidence of Insurance. Prior to commencing any work or services under this Agreement, Contractor shall furnish the Town with certificate(s) of insurance, or formal endorsements as required by this Agreement, issued by Contractor's 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. If a certificate of insurance is submitted as verification of coverage, the Town shall reasonably rely upon the certificate of insurance 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. Such certificates shall identify the contract work number and be sent to the Engineer. If any of the above -cited policies expire during the life of this Agreement, it shall be Contractor's responsibility to forward renewal certificates within ten days after the renewal date containing all the aforementioned insurance provisions. Additionally certificates of insurance submitted without referencing a contract number will be subject to rejection and returned or discarded. Certificates of insurance shall pgcifically 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) Contractor's insurance shall be primary insurance as respects performance of the Agreement. (3) All policies, including Workers' Compensation, waive rights of recovery (subrogation) against Town, its agents, representatives, officers, officials and employees for any claims arising out of work or services performed by Contractor under this Agreement. (4) A 30-day advance notice cancellation provision. If ACORD certificate of insurance form 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. 10.2 Required Insurance Coverage. 9196.009\Site Design agt.doe 2-4-04-1 0 a. Commercial General Liability. Contractor shall maintain "occurrence" form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent contractors, products - completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not limited to, separation of insured's clause. To the fullest extent allowed by law, for claims arising out of the performance of this 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 H) 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 paragraph, such Excess insurance shall be "follow form" equal or broader in coverage scope then underlying insurance. b. Professional Liability. If this Agreement is the subject of any professional services or work, or if Contractor engages in any professional services or work adjunct or residual to performing the work under this Agreement, Contractor shall maintain Professional Liability insurance covering negligent errors and omissions arising out of the work or services performed by Contractor, or anyone employed by Contractor, I*ftl or anyone for whose negligent acts, mistakes, errors and omissions Contractor is legally liable, with an unimpaired liability insurance limit of $2,000,000 each claim and $2,000,000 all claims. In the event the Professional Liability insurance policy is written on a "claims made" basis, coverage shall extend for three years past completion and acceptance of the work or services, and Contractor shall be required to submit certificates of insurance evidencing proper coverage is in effect as required above. C. Vehicle Liability. Contractor shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Contractor's owned, hired and non -owned vehicles assigned to or used in the performance of the Contractor's work or services under this 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 paragraph, such Excess insurance shall be "follow form" equal or broader in coverage scope then underlying insurance. d. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor's employees engaged in the performance of work or services under this Agreement and shall also maintain Employers Liability 9196.009\Site Design agt.doc 2-4-04-1 M Insurance of not less than $100,000 for each accident, $100,000 disease for each employee and $500,000 disease policy limit. 10.3 Cancellation and Expiration Notice. Insurance required herein shall not expire, be canceled, or materially changed without 30 days prior written notice to the Town. 11. Applicable Law. In the performance of this Agreement, Contractor shall abide by and conform to any and all laws of the United States, State of Arizona and Town of Fountain Hills, including but not limited to, federal and state executive orders providing for equal employment and procurement opportunities, the Federal Occupational Safety and Health Act and any other federal or state laws applicable to this Agreement. This Agreement shall be governed by the laws of the State of Arizona. 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 Contractor of written notice by the Town. Upon termination for convenience, Contractor shall be paid for all undisputed services performed to the termination date. 12.2 For Cause. This Agreement may be terminated be either party upon 30 days' written notice should the other party fail to substantially perform in accordance with this Agreement's terms, through no fault of the party initiating the termination. In the event of such termination for cause, payment shall be made by the Town to the Contractor for the undisputed portion of its fee due as of the termination date. 12.3 Due to Work Stoppage. This Agreement may be terminated by the Town upon 30 days' written notice to Contractor in the event that the Services are permanently abandoned. In the event of such termination due to work stoppage, payment shall be made by the Town to the Contractor for the undisputed portion of its fee due as of the termination date. 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 the Agreement or any extension of the Agreement is in effect, an employee of any other party to the Agreement in any capacity or a consultant to any other party of the Agreement with respect to the subject matter of the Agreement. 12.5 Gratuities. The Town may, by written notice to the Contractor, cancel this Agreement if it is found by the Town that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Contractor or any agent or representative of the Contractor to any officer or employee of the Town for the purpose of securing this Agreement. In the event this Agreement is cancelled by the Town pursuant to this provision, the Town shall be entitled, in addition to any other rights and remedies, to recover or withhold from the 9196.009\Site Design agt.doc 2-4-04-1 31 Contractor an amount equal to 150% of the gratuity. 13. Miscellaneous. 13.1 Independent Contractor. The Contractor acknowledges that the Services provided under this Agreement are being provided as an independent contractor, not as an employee or agent of the Town. Both parties agree that this Agreement is nonexclusive and that Contractor is not prohibited from entering into other contracts nor prohibited from practicing its profession elsewhere. 13.2 Laws and Regulations. The Contractor 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 Contractor is responsible remains in compliance with of all rules, regulations, ordinances, statutes or laws affecting the Services, including the following: (i) existing and future Town and County ordinances and regulations, (ii) state and federal laws and (iii) Occupational Safety and Health Administration ("OSHA") standards. 13.3 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 Contractor. 13.4 Provisions Required by Each and every provision of law and any clause required by law to be in the 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, the Agreement will promptly be physically amended to make such insertion or correction. 13.5 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 the Agreement which may remain in effect without the invalid provision or application. 13.6 Relationship of the Parties. It is clearly understood that each party will act in its individual capacity and not as an agent, employee, partner, joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other for any purpose whatsoever. The Contractor is advised that taxes or Social Security payments will not be withheld from any Town payments issued hereunder and that the Contractor should make arrangements to directly pay such expenses, if any. 13.7 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 Contact. 13.8 Assignment. No right or interest in this Agreement shall be assigned by 9196.009\Site Design agt.doc 2-4-04-1 VA Contractor without prior, written permission of the Town and no delegation of any duty of Contractor shall be made without prior, written permission of the Town. 13.9 Subcontracts. No subcontract shall be entered into by the Contractor with any other party to furnish any of the material or services specified herein without the prior written approval of the Town. The Contractor is responsible for performance under this Agreement whether or not subcontractors are used. 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 Contractor 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 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. 13.12 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, (iii) given to a recognized and reputable overnight delivery service, to the address set forth below or (iv) delivered by facsimile transmission to the number set forth below: If to the Town: Town of Fountain Hills 16836 E. Palisades Boulevard Fountain Hills, Arizona 85268 Facsimile: 480-837-3145 Attn: Tim Pickering, Town Manager With copy to: JORDEN, BISCHOFF, MCGunzE & ROSE, P.L.C. 7272 E. Indian School Road, Suite 205 Scottsdale, Arizona 85251 Facsimile: 480-505-3901 Attn: Andrew J. McGuire, Esq. If to Contractor: With a Copy to: 9196.009\Site Design agt.doc 2-4-04-1 iu7 R or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this Section. Notices shall be deemed received (i) when delivered to the party, (ii) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage, (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, or (iv) when received by facsimile transmission during the normal business hours of the recipient. 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. 13.13 Confidentiality of Records. Contractor shall establish and maintain procedures and controls that are acceptable to the Town for the purpose of ensuring that information contained in its records or obtained from the Town or form 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 the duties under this Agreement. Persons requesting such information should be referred to the Town. Contractor also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of Contractor on an as -need basis for the performance of the duties under this Agreement. IN WITNESSIWHEREOF, the Town and the Contractor have caused this Agreement to be duly executed a of tl�e day, month and year first above written. TOWN O IN HILLS Arizona SITE DESIGN GROUP, INC., an Arizona in ic' al 0 1on corporation By: W. J. Ni s, yor Name:�;� ,2_ L j,� jD t Title: ATTEST: Bevelyn J. Bender, Town Clerk 9196.009\Site Design agt.doc 2-4-04-1 01 &64 a,p r'o V �G� 9196.009\Site Design agt.doc 2-4-04-1 EXHIBIT A CONTRACTOR'S PROPOSAL [See following pages] Iff EXHIBIT B PHASE ONE SCOPE OF SERVICES PHASE ONE TASK 1.0 - PROGRAMMING, CONCEPTUAL & SCHEMATIC DESIGN PHASE Objectives: • Define scope of work, schedule, and overall items of coordination. • Review any applicable studies, concepts, existing data sources, and any other work done to date in the interest of this project. • Conduct up to site visits to potential park sites and make recommendations based on analysis • Conduct meetings with the City, Community and Skate Park users • Make recommendations on course of action that will best suit the City's and Communities needs regarding type of skate park, size, and fund-raising suggestions. • Establish the project working relationship with all members of the project design team • Make final recommendations regarding site selection and type of skate park suitable 1.1 Issue Skate Park Data Sheet to Client (SITE/CLIENT) • SITE will issue a data sheet/questionnaire for the Client to complete prior to the first project meeting. This data sheet will assist SITE in the programming and design of the skate park. 1.2 Data Collection (SITE/CLIENT) • Data will be collected as it relates to the existing site and proposed development to ensure an understanding of the site and park program. Existing information pertinent to the project scope of work will be gathered and distributed to all design team members during this phase of the work. Data collected and methods shall at a minimum be as follows: • Budgeting — The Client shall work with SITE to develop a proposed budget for this project. • Project Data Form — SITE shall provide the Client with a small project information form prior to the I" Team Meeting • Site Visits — There will be a minimum of one visit per potential site conducted with the Client's Project Manager and/or Representative and SITE's feasibility/design team to gather on -site inventory and a comprehensive understanding of the complexities and amenities of each site. The team shall record the entire site through photographs and field notes displaying existing field conditions. • Gather existing reports/studies/record drawings — The Client shall provide SITE with all available information for water, sewer, electrical, and irrigation, preferably before the site visits. The Client shall provide SITE with any available "as -built" plans/notes, all existing digital files for existing conditions (grades, facilities, past improvements), as well as a current site surveys. • Coordination of Utilities — The Client shall provide SITE with addresses, phone numbers, and contacts for all utility companies servicing the sites. This information shall be utilized to verify existing services and determine requirements to adequately serve the park's development. The utility companies shall also be expected to provide underground utility locations critical to the project as well as describing any existing or future utility easements. Specific processing requirements shall be provided to SITE for each utility company involved in the project sites. • Survey and Mapping — The Client shall, if available, provide SITE with current field surveys for each site locating all above and below ground utilities, appurtenances, structures, and easements. The surveys shall be in digital format that can easily be used with AutoCAD software. If not available, Client shall hire appropriate engineer to coordinate the on -site mapping and development of a survey for the final selected site during Phase Two. • Topographic Mapping — The Client shall, if available, provide SITE with current overall base maps of each site displaying the site's relief through contour and spot elevations. The site topos shall be presented with a maximum 1-foot contour interval. All existing hardscape and structure foundations shall be delineated with spot elevations. The topos shall be in digital format that can easily be used with AutoCAD software. If current topos are not available, Client shall hire appropriate engineer during Phase Two to provide topo of final selected site. • Geo-technical Report — Client shall, if available, provide SITE with current Geo-technical Reports prepared specifically for the project sites. Should existing reports be available they shall be a maximum of 1 year old. At a minimum the report should include the following; vicinity map of the project limits, plot plan/aerial showing location of borings, detailed description of the findings and recommendations, a detailed report of the laboratory tests performed, and an executive summary stating general findings and recommendations. If geo- technical reports are not currently available, the Client shall hire a Geo-Technical Engineer during Phase Two to prepare an analysis of the final selected site. • Budgeting — The Client shall work with SITE to develop a proposed budget for this project. 1.3 Project Meeting #1(SITE/CLIENT) PROJECT MEETING #1 • Meet with Client staff and team consultants to verify work program, schedules and channels of communication. • Review project scope, schedule and budget with design team. • Project overview and distribution of design team responsibilities. • The Client shall provide SITE with any operational or maintenance issues pertaining to other parks within the Client's oversight. SITE will use this information to respond to any existing park issues that may be addressed in the design of this project. • Client shall provide any applicable municipality and surrounding area guidelines, specifications, and detailing as it relates to any designed element within the project to SITE. Client shall also inform SITE of any special requirements for this particular project (city approved development plans, previously approved conceptual plans, special guidelines, area plans, etc.). • Two separate meetings will occur on the same date. • Client Staff Meeting #1 — This meeting will include the Client Staff • Site Visits - SITE shall visit each potential site with the Client's Project Manager and/or Representative to gather on -site inventory and a comprehensive understanding of the complexities and amenities of each site. The team shall record the entire site through photographs and field notes displaying existing field conditions. 1.4 Skate Park Flow and Skill Level Diagrams (SITE) • Develop three (3) alternative bubble diagrams illustrating the layout and program relationships of the skate park(s) to the overall master plan amenities. • Diagram skill levels, approximate size of amenities and circulation throughout each transition zone. 1.5 Skate Park Conceptual Layout Plan (SITE) • Based upon specific design criteria gathered from the Client, SITE will prepare a schematic layout plan that will depict site facilities and relationships. Specific concepts to be reviewed under this contract shall be limited to the following items: • Develop three (3) schematic skate park designs: one depicting an above -ground modular park, one depicting a concrete skate park, and one depicting a hybrid park consisting of both above ground and concrete. • Each of the above referenced schematic designs will identify horizontal layout of the park(s) based on the conceptual bubble diagram layout and client approval. • Pedestrian access and circulation system. • Parking 1.6 Skate Park User Group Meeting #1(SITEICLIENT) PROJECT MEETING #2 • Client shall reserve the room for this meeting • Skater Meeting #1 — The public meeting, typically starting between 5:00 —6:00 pm, will be held to facilitate a work session to develop consensus and present the skate park conceptual layouts plans for public review. 1.7 Project Specific Skate Park Website (SITE) • Create website specific to this project available by first accessing www.sitedesigngroup.com. The site will be accessible 24/7 by anyone with the correct login and password, providing they have access to the Internet. • Items displayed on the website will include concept photos/drawings. • The website address, along with a login and password will be distributed to all participants in the skater meeting #1. 1.8 Skate Park Schematic Design/Master Plan • Develop a minimum of (2) skate park master plans incorporating feedback from Public Meeting #1 showing the following relationships: • Relationship between skate park and existing/proposed recreation areas. • Vehicular accesses parking and circulation diagrams. • Pedestrian access and circulation. • Landforms and grading concept (skate park only). 1.9 PROJECT MTGS #3 & #4 - Project Review (PROJECT DESIGN TEAM) MTGS #3 & #4 • Coordinate with Client staff and team consultants to review the updated site concept and amenity sketches. • SITE shall make minor revisions to the updated design concept and prepare a new colored exhibit of the preferred site design. • Two separate meetings will occur on the same date. Client shall reserve the rooms for both meetings. • Client Meeting_#2 — This meeting will include the Client Staff. • Community Meeting #1 — This public meeting, typically starting between 6:00 — 7:00 pm, will be held to inform the community of the City's and SITE's intentions to design a skate park for the community and discuss the pros and cons of each of the potential site. Statistical information regarding national skate parks as recreational facilities will also be presented. This information shall address at minimum typical community concerns such as crime, security, noise and related skate park injuries. Additionally, SITE will discuss the pros and cons of each site visited and the type of park preferred by the local user group. The web -site information will be provided to the Community to review drawings and provide feedback which will be shared with the City. 1.10 Develop Preferred Skate Park Master Plan (SITE) • Develop preferred park layout and/or other amenity designs based on conceptual layouts, design team input, client input, community and skate park user group comments. • The Plans will show relationships between skate park and existing/proposed recreation areas, pedestrian access and circulation and parking. • The Plan will be suitable for development at all of the 4 potential sites provided by client. These sites are identified as Fountain Park, Four Peaks Park, Golden Eagle Park and Desert Vista Park. • Preferred Site Recommendation Plan 1.11 Preliminary Cost Estimate (SITE) • Determine preliminary cost for typical skate park(s) and adjacent amenities 1.13 Deliver Final Preferred Skate Park Design (SITE) Task 1.0 Deliverables '**mw 1.1 Memorandum of project understanding and scope — submitted to Client for review and approval. 1.2 Matrix delineating requested items and status of each item (received/waiting on information). Matrix shall be issued to client after Design Team Meeting #1. 1.3 SITE shall use the existing preliminary park master plan as the deliverable for this task. 1.4 Internal design sketches of proposed amenities to the Client for review. 1.5 Conceptual Site Plans and improvement sketches to be used as a basis for the future Construction Documents 1.6 Project Specific Website accessible via www.sitedesigngroup.com 1.7 Preferred Skate Park Master Plan & Site Recommendation 1.8 Preliminary Costs for typical Skate Park 1.9 Final Preferred Skate Park Plan EXHIBIT C PHASE ONE FEE SCHEDULE FEE SCHEDULE 1.0 Project Fees Fees for the Phase One Services detailed in the proposed scope of work are outlined below. The fees are Lump Sum Not to Exceed Amounts which include reimbursable expenses. PHASE 1 SCOPE OF SERVICES FEE AMOUNT 1.0 Feasibility Conceptual & Schematic Design $8,810.00 Fees for Phase 1: $8,810.00 Town of Fountain Hills Town Council Agenda Action Form Meeting Type;: Regular Meeting Submitting Department: Public Works Consent:❑ Regular:❑ Meeting Date: 2/19/04 Contact Person: Dana Burkhardt, Senior Planner Requesting Actions® Tvne of Document Needine Annroval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ® Special/Temp Use Permit ❑ Other: Council Priority (Check AnDroDriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections Community Development Report Only;❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development Parks & Recreation Reaular Agenda wording: Consideration or a TEMPORARY USE PERMIT to allow outdoor retail saies and similar outdoor activities to take place on specified weekends from 8:00 AM to 9:00 PM., for a period not to exceed 50 one -day events, located at 12645 &. 12625 N. Saguaro:Blvd., aka Lots 1 & 2 of the Plaza Fountainside Final Plat, Case #TU2004-02. Staff Recommendation: Approve Fiscal Impacts No $ Purpose of Item and Background Information: This request is for approval of a Temporary Use Permit to allow weekend events, including outdoor retail sales to be located at 12625 and 12645 N. Saguaro Blvd. The applicants, Karen Reynolds Dilks and Tom Young, are proposing a series of special events to be held on the plaza area of the property each month, expiring on December 5, 2004. The proposed schedule provides a total of 31 day events, where the temporary use allows no more than 50 one day events under one permit. Please see the attached site plan and staff report for further details. List All Attachments as Follows Staff Report Memorandum; Applications, Narrative, and Site Plan Type(s) of Presentation: NA A I r A D partment d --7) Town 1� 6f ager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PLANNING & ZONING DIVISION TOWN COUNCIL MEMO TO: Honorable Mayor and Town Council DT: February 10, 2004 FR: Dana Burkhardt, Senior Planner S RE: Case # TU2004-02; Temporary Use request for Weekend Events & Retail Sales LOCATION: 12645 N. Saguaro Blvd., aka Lot 1 & 2, Plaza Fountainside Final Plat REQUEST: Approval of a Temporary Use Permit for temporary weekend events including outdoor retail sales. DESCRIPTION: OWNER: Arlen Richman & Plaza Fountainside L.P. APPLICANT: Karen Reynolds Dilks & Tom Young EXISTING ZONING: "TCC" Town Center Commercial Zoning District LOT SIZE: 1.45 Acres SURROUNDING LAND USES AND ZONING: NORTH: Retail Shops; zoned "TCC" SOUTH: El Lago Blvd and vacant parcel; zoned "TCC" EAST: Town owned parking lot at Fountain Park; zoned "OSR" WEST: Plaza Fountainside shared parking area; zoned `"TCC" SUMMARY: This request is for approval of a Temporary Use Permit to allow weekend events, including outdoor retail sales, to be located at 12625 and 12645 N. Saguaro Blvd. The applicants, Karen Reynolds Dilks and Tom Young, are proposing a series of special events to be held on the plaza area of the property each month, expiring on December 5, 2004. The proposed schedule provides a total of 31 day events, where the temporary use can allow up to 50 one day events under one permit. Please see the site plan attached with the application. The monthly events proposed are as follows: February 2/27 — 2/29 Art Walk March 3/27 50's / 60's Dance April 4/24 — 4/25 April Showers Art Walk May 5/15 — 5/16 Art Walk June 6/19 — 6/20 Evening Under the Stars Art Walk July 7/4 Weekend Celebration July 7/31— 8/1 Summer Sizzler August 8/14 — 8/15 Ice Cream Social / Event September 9/4-9/6 Labor Day Weekend Sale Event September 9/25 — 9/26 Octoberfest October 10/16 —10/17 Chili Cook -off November 11/12 —11/14 Art Festival November 11/25 Thanksgiving Coffee Booth December 12/4 —12/5 Lighting of the Avenue / Santa Photo's / Holiday Caroling EAVALUATION: The proposed site layout of this temporary use request is substantially similar to the layout approved for the farmers market temporary use permit. Staff believes that this layout, particularly on Lot. 2, is conducive to outdoor retail sales, such as the farmer's market and arts & crafts sales. The use of Lot 2 may not be necessary for *all of the proposed weekend _events, such as the Ice Cream Social or events that do not include outdoor retail sales. Such events as the "Chili Cook - off' may require additional liquor permits from Council prior to the event being held. The applicant is aware that a business license is required for each individual vendor at the proposed site, pursuant to §8-1-10 of the Town Code regulating retail. merchants. Staff recommends a stipulation to require each vendor to provide written consent from the property owner(s) to locate. on the site, to be submitted with, and in addition to, each vendor's business license application. Parking for this site has been provided with The Plaza Fountainside Final Plat subdivision improvements pursuant to the Plaza Fountainside Shared Parking Agreement. Overflow parking is provided to the east of this site at the Fountain Park parking area. The combined parking should be sufficient due to the limited schedule of the weekend events, and this request does not propose the temporary elimination of any existing parking. On -street parking will not be permitted. Due to the proximity of the proposed events to El Lago Blvd. and the access drive aisle to the west, staff is proposing to stipulate that pedestrian access be delineated by the use of roping and/or barricades to ensure safe public access to the site. This should restrict pedestrian access to adjacent drive aisles at centralized locations. The location of these events is on a graded lot, where dust control surfacing (2" decomposed granite) has been provided. The applicant is required to provide on -site trash receptacles and trash maintenance during each event. Restroom facilities are provided on -site and the park restroom facilities are also available. In the event that vertical structures, such as canopies or membrane type structures are requested, future administrative approval will be required. All temporary structures must conform to the minimum required building setbacks and all other applicable regulations of the "TCC" Zoning District in which it is located. The Town has not been made aware of any adverse impacts from this activity. No complaints from outdoor activities at this location have been received in the past or during the posting period. Staff is aware that the Plaza Fountainside may be subject to Covenants, Conditions, and Restrictions that require approval from the property owners association as well. The application, as presented, conforms to the temporary use regulations of the Zoning Ordinance. RECOMMENDATION: Staff recommends approval of this Temporary Use Permit with the following stipulations: 1) The applicant shall provide designated pedestrian access by the use of roping, signage, and barricades or similar methods, to be approved by Town staff, prior to public access. 2) All signage shall be approved by separate permit. 3) These events shall be open to the public between the hours of 8 A.M. and 9 P.M. All items and equipment for the open-air market must be removed from the site at the end of each weekend event. 4) In the event that vertical structures, such as canopies or membrane type structures are requested, administrative approval is required. All temporary structures must conform to the minimum required building setbacks of the "TCC" Zoning District. 5) Obtain all necessary approvals and permits from Maricopa County Health Department prior to operation. 6) This temporary use permit is non -transferable. and shall become null and void with the issuance of a building permit for a permanent structure for the same location. 7) Each vendor shall be required to obtain a business license pursuant to §8-1-10 of the Town Code (retail merchants... with a fixed place of business within the town limits...). At time of business license application, each vendor shall submit to the Town, written consent from the -property owner to locate on the site. 8) The applicant shall provide a list of all vendors' State of Arizona Sales Tax Identification number to the Town Accountant, or his/her designee, on the proceeding business day after each weekend sales event. 9) The applicant shall notify the Town in writing if the event is not going to be held, at least three days prior to the date of the event. If the Town is not informed and the event is not performed, that day will be counted against the 50 events per calendar year. 10) No activities will be permitted to take place forward of the street side building fagade. All temporary event activities must be located within the areas designated on the approved temporary use site plan. 11) Events involving the distribution or sale of alcoholic beverages will require a separate Extension of Premises (for liquor sales and consumption) permit from the Town. 12) Participants of this event are required to follow the standard Fountain Hills Fire Department event requirements (See attached). A separated permit for individual tents and cooking equipment is not required, but onsite inspections will be performed by the Fire Department to determine compliance. • C1 Fountain Hills Fire Department 16426 East Palisades Boulevard Fountain Hills, AZ 85268 (602) 837-9820 FAX (602) 837-6167 The Fountain Hills Fire Department would like to welcome all venders. The following are the minimum stipulations that must be complied with. Permits must be obtained for tents, barbecues, vehicle displays, shows and any art process that might contain hazardous materials or hazardous process. This permit is a no fee permit. The permit is issued to the event coordinator. It will be the responsibility of the vendor to verify if this permit has been obtained. If any vendor or display booth has any questions in regards to the following stipulations, then they may contact the Fountain Hills Fire Marshal at 139. 816-5139 All tents require a permit and a Certificate of Flammability for the material of the tent. The Certificate of Flammability should be provided by the leasing agent for the tent. 2. All Decorations placed in the tent or on the booth, as well as the skirting on the tables, shall be flame retardant and have a Certificate of Flammability available. A field test failure will shut down the booth until corrected. All booths that are cooking with either an open flame grill or barbecue, shall have the cooking appliance at a minimum of 10 feet from the tent area and protected from the public. 4. All cooking appliances using a flame heat, shall have the flame restricted to the appliance by the appliance or metal shield with public protection. 5. All gas fuels, for barbecues or grills, shall be secured in an upright position. 6. LPG cylinders, 23 gallons or larger, shall be 10 feet from the source of ignition, securely supported in an upright position outside the tent. 7. All booths using a chafing dish, or table top cooking appliance, shall have a metal insulating plate between it and the table. Warming appliances are allowed inside the tent. Heaters used for the heating tents must be 10 feet from the tent ducted in through a double wall duct work. LPG tank must be 10 feet from the heater. 9. All booths using cooking equipment shall have a minimum of one 2A:1 OBC rated portable fire extinguisher in the booth. DEC-30-2003 10:01 TOWN OF FTN HILLS 4808371404 P.02 Ip"�TAIN I� `ec zfw� 6CP f4at is The Town of Fountain Hills COMMUNITY DEVELOPMENT DEPARTMENT Fountain Hills, Arizona NATURES OF THE REQUEST: DURATION REQUESTED (Temporary Use or. Grand Opening): From e6r'1J-:�^ /S c°t�i5� To PROJECT NAME LEGAL DESCRIPTION %�"��� z� f�:•rr�.•,s,� /� _ Plat Name Block lots PROPERTY ADDRESS�2 r, Z rs. Applicant:— /o�•-, y cr �.,. �_ Mr. Day Phone -G �' " `�' - 23C% Ms. Address:2� City; zl/ Late: —,1Z zi ? :7ers. Owner: p mr. Day Phone Yc1-C' � -Z Z 3c Ms. Address: 'mac �3"�c /S / S 'fz/ City: -� State: c Zip;U�� If application Is being submitted by someonr. .Man a owner of the m must be completed, p petty under consideration, the sectlod below SIGNATURE OF OWNS �; ,,, „� CiG DATE T HEREBY AUTHORIZE �`= iJ Please Print TO FILE THIS APPLICATION. Subscribed and sworn before me this day of 19 Notgv P1 lblir-MY Commission Expires FILING DATE: FEE PAID: ACCEPTED BY: (see Fee Schedule) Generol Applicotion POge 1 of 3 E"tl!2 004 04:23 520-203-1100 H_SIDE T1.E 1`. ;+l tAA 481) 0 .v4++ •,• �� LL..�. _ ..__ Fli4E 02 The Town of Fountain hills COMMUNITY DEVELOPMENT DEPARTMENT Fountain Hills, .An7ons nor Offodo use 06Y .sm rA2nager: Ternporary Use Permit _ arena Opening Sign Permit Continuance Request (Maximum 14 Days) AaMinistratOr'ss Interpretation or Appeal NATURE OF THE E Um. DURATION REQUESTED Q-e my U r From t Cx?���Cl nd Opening). 7U ---- -- -�-- - - - - -- -- _�. PROJECT NAME a LEGAL DESCRIPTION :a2_ � ....— Plat Name P PROPERTY ADDRESS�L&t�S- BIOGk Lot ( �_� an,R�(.<<u ,�l ( T --�- -- - - Applicant: 910ay bane M5. Address. y; State: (I..- Mrs. Owner:�'L�L Day Phone Q7-AP?_ _ Mr. Ms, atdrP5S� Gty- � ���,4L2— Zip,AalaZL- , ly SAPOWYM a belnp subn~ by n • a off0 r realer areVen, tbi aecUbo 4w,ww arrr�r beeex�plrtad. SIGNATURE OF Ow E OATL 1 HEREBY ALTHORI7_E - TC F7'_E I HIS Af'PLICA71QN. Print Sut ,%,.—J tKJ avid sworn before me this FILING DATE. I 01 3 0 ' _ 10—y— sTME Of . P u;;iJA i YA'�f F .I •ant/ . hnr�yy �nm5�tion f�Ir06—_ �� 60 PEE PAIL' ACCEPTED 13'Y: 15f-e/Fee Schhe1oufe/)l -- — 01/29/2004 09:04 4909155709 GRAPEABLES F4GE 01 Plaza Fountainside Monthly Events: 8AM-9PM February 2/27-2/29 Art Walk March 3/27 50's/60's Dance April 4/244/25 April showers Art Walk May 5/15 — 5/16 Art Walk May 5/29-5/31 Memorial Day Event June 6/19-6/20 Evening Under the Stars, Art Walk July July 0 Weekend Celebration July 7/31-8/1 Summer Sizzler August 8/14-8/15 Ice Cream Social/ Event September 9/4-9/6 Labor Day Weekend Sale Event September 9/25-9/26 Octoberfest October 10/16-10/17 Chili Cook -off November Art Festival 11/12-11/14 November 11/25 Thanksgiving Coffee Booth December 12/4-12/5 Lighting of the Avenue, Photo's with Santa, Holiday . Caroling and Balloon lighting f oracl 10 Town of Fountain Hills Town Council Agenda Action Form Meeting Type:. Regular Meeting Submitting Department: Public Works. Consent:[-] Regular:® Meeting Date: 2/19/04 Contact Person: Dana Burkhardt, Senior Planner Requesting Action:® Tvoe of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Priorit Check AA i)ropriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections 1z Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ® Plat Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: CONSIDERATION of the Final Plat for "Parcel 1 at Eagles Nest", a 21 lot, one- tract, 51.45 acre single-family residential subdivision, Case #S2002-27. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: On October 4, 2001, Town Council approved the preliminary plat for the Eagles Nest subdivision, Case Number S 1999-25, for 244 lots and one tract. On December 4, 2001, Town Council approved the Final (Master) Plat for Eagles Nest, with eleven large parcels and the Mountain Parkway private roadway (backbone road). This request is to subdivide Parcel 1 of the Final (Master) Plat of Eagles Nest. List All Attachments as Follows: Staff Report; Vicinity Map; Application; Final Plat Reduction Type(s) of Presentation: N/A Signatures of Submitting Staff: ,ij De rtment Head Town pager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PLANNING & ZONING DIVISION TOWN COUNCIL MEMO TO: Honorable Mayor and Town Council DT: February 11, 2004 FR: Dana Burkhardt, Senior Planner qDia> RE: S2002-27; Final Plat "Parcel 1 at Eagles Nest", a 21 lot, one -tract subdivision. LOCATION: The south parcel of the Eagles Nest Master Plat, south of Parcel 11 and east of Parcel 2 (see the attached vicinity map and refer to your preliminary plat). REQUEST: CONSIDERATION of the Final Plat for "Parcel 1 at Eagles Nest", a 21 lot, one - tract, 51.45 acre single-family residential subdivision, Case #S2002-27. DESCRIPTION: OWNER: APPLICANT: EXISTING ZONING: EXISTING CONDITION: PARCEL SIZE: MCO Properties MCO Properties "R1-43" Zoning Districts Undeveloped land 51.45 acres SURROUNDING LAND USES AND ZONING: NORTH: Eagles Nest Parcel 11; zoned "R1-43" SOUTH: McDowell Mountain Preserve; zoned "R1-43" EAST: Plat 513; zoned "OSR & R1-10 PUD" WEST: Parcel 2 @ Eagles nest; zoned "R1-43" SUMMARY: This request is for approval of the final plat for "Parcel 1 at Eagles Nest", a 21 lot, one -tract single- family subdivision. This is a replat of the Eagles Nest Final Plat Parcel 1, in accordance with the approved preliminary plat lot configuration for Eagles Nest. This Final Plat is located within a private/gated master subdivision with access from Mountain Parkway. The final plat provides access to Lots 2-6 directly from Mountain Parkway. The remaining Lots are accessed from Juniper Drive and Paloma Court, which is a double headed cul- de-sac extending south from Mountain Parkway. Juniper Drive is approximately 1,300 lineal feet; Paloma Court is approximately 600 lineal feet. The maximum lot area proposed is 308,397 square feet, the minimum lot area is 45,349 square feet, and the average proposed disturbance area for each lot is approximately 25,495 square feet. The individual lot developer is required to grant to the Town, a hillside protection easement over the remainder of the undisturbed lot area prior to building permit issuance. EVALUATION: On October 4, 2001, Town Council approved the preliminary plat for the Eagles Nest subdivision, Case Number S1999-25, for 244 lots and one tract. On December 4, 2001, Town Council approved the Final (Master) Plat for Eagles Nest, with eleven large parcels and the Mountain Parkway private roadway (backbone road). This request is to subdivide Parcel 1 of the Final (Master) Plat of Eagles Nest. Staff has reviewed this final plat application and the improvement plans submitted by MCO Properties against the approved preliminary plat, the approved final (master) plat, the approved cut and fill waiver, and the Subdivision and Zoning Ordinances as amended by the "Settlement Agreement" approved by Town Council on December 4, 2001. This final plat substantially conforms to all prior approvals and meets the requirements of the Settlement Agreement if approved with Staff's stipulations. The only modification made to this final plat from the approved preliminary plat is the addition of the required drainage and retaining wall easements, as is customary from the preliminary to the final plat. This parcel does not propose joint use driveways to access the individual lots. The following table provides the approved final plat lot counts for Eagles Nest/Adero Canyon and the disturbance area allocations, including this parcel: Parcel # Total Acres EN 6 66.92 EN 7 17.328 EN 8 53.34 EN 9 48.71 EN 10 54.43 AC 1 23.94 AC 2 60.464 AC 3 58.894 AC 4 39.55 AC 9 25.406 EN 3 22.274 EN 4 26.548 EN 5 42.2 EN 1 51.45 Totals: 591.454 Allowed: Residual: # of Lots Allocated Disturbance in sq. ft. 40 968,700 13 264,800 19 401,300 26 573,700 32 700,800 9 170,100 24 574,700 24 579,700 22 529,800 8 152,800 14 301,700 14 306,000 21 518,900 21 535,400 287 6,578,400 415 9,420,500 128 2,842,100 Average dist. for remaining lots: 22203.90625 RECOMMENDATION: Staff recommends approval of S2002-27; Final Plat of "Parcel 1 at Eagles Nest", with the following stipulations: 1) a. The Town's approval is conditioned on the Town receiving from the Department (ADWR): (i) written notice that the Department has approved a modification of CCWC's Designation that demonstrates a water supply to meet CCWC's current and committed demands including the Subdivision; or (ii) written notice that the Department has demonstrated that the Deficit Volume has been otherwise eliminated and CCWC has a sufficient supply to meet the water demands of the Subdivision. b. The Town's approval is also conditioned on the developer of the Subdivision not submitting a request to the State Real Estate Commissioner for a public report for the Subdivision under A.R.S. §§ 32-2181 through 32-2183 prior to the Department's issuance of the written notice as described in (a)(i) or (a)(ii) above. 2) Prior to construction, provide approved water service plans. 3) Address all improvement plan review comments to the Town's satisfaction, and submit all remaining supporting improvement plans and documents. Prior to construction, all improvement plans, including grading and paving plans, signing and striping plans, landscape and irrigation plans, and all utility service plans (unless otherwise specified in these stipulations) must be approved by the Town. 3) Provide the Town with a copy of the recorded CC&R's to show conformance to Article 6.2.5 of the Settlement Agreement, which provides verbiage that restricts any further subdivision of these lots. 4) Provide a Geotechnical Report (approved by the Town Engineer) prior to Final Plat recordation. 5) Provide a Construction Assurance Bond for all improvements including, but not limited to drainage facilities and structures and landscaping that is acceptable in form to the Town Engineer and Town Attorney, prior to Final Plat recordation. 6) Adequate construction assurance shall also have been posted for the full length of the Mountain Parkway sewer outfall and all needed water infrastructure for the plat. 7) Add easements where needed along the subdivision streets and adjacent to Mountain Parkway, including retaining wall easements (roadway slope easements), meandering sidewalk easements, and sight distance easements. Provide a separate Grant of Easement for any easements not shown on the Final Plat, but later determined to be necessary. 8) Revise the roadway grading design to not exceed the cut and fill depths approved for the cut and fill waiver. f a �����\�" A. p� D R^ qi D D 6 • i A.R• • u� i 7 �f . R ^ � x � - • i �R G % K i . •�. O b�. R. . r� ^ • R • A • V _ . LO x D X• 'R • K i' R D i- R f A _ C _ t R P R ti' R •} • _ M • • • A f R �y � - i ^'G ti R ! R • o • R :RR Xf p _ O d 3 • . • • • f R LO • • � + • R q x ! R �R R R • % ~AR RR � • f a 0 R R • 3 - _ % . R R n • • iI - . - ADR R P D. ) p •t • t ► Y D • • y R R C y s f + a • f p i . . R • v +..: • R R fD •.. _R • q - f bc.. � • :f % a% G f .. • + - R ee�} • R R I�� F � i if p y,Y q ■VVV G t\ R � •p q q p 0T _ - R R • D C,\ R 4 tr •. A, . • y/iR R • • q %. R • . - } � d • � A s � � R • ; R Y r � \s� T Q • r R R P• R i f' � � • • � .. � • a W :R pR � i lii k O O R P • ! � R R 0 � 2 r R • �n i f f 4 N q U R W wo e H {� m Lo W 411 a� o 1 ato �4 ' W o C9 Lu t W yp{Q��f��5 pP PBA 1,'02 r.' --now clv�kW-1atis The Town of Fountain Hills COMMUNITY DEVELOPMENT DEPARTMENT I For Ue Case cial Mlanager: Only Fountain Hills, Arizona PLICATION Area Specific Plan or Change PreliminaryPlat H 11 6&- ! General Plan Amendment Cut/Fill Waiver Plan of Development Special Use Permit Zoning Change SU Comprehensive Sign Plan Variance HPE Change or Abandonment NATURE OF THE REQUEST: PROJECT NAME Mrs. Mr. Ms. f Mrs Mr. Ms. ck- 1 Applicant:��' I-L ( ,} Dar ���Pti Day 1. Address: ��C �( S C r% ��_ City: State: — Owner: �— Day Phone Address: Zip: City: State: Zip: If application is being submitted by someone other than the owner of the property under consideration, the section below must be completed, -- SIGNATURE OF O DATE I HEREBY AUTHORIZE Please Print TO FILE THIS APPLICATION. Subscribed and sworn before me this day of 20 Notary Public My Commission Expires cILING DATE: FEE PAID: J ACCEPTED BY: �.. (See Fee Schedule) Application Page 2 of 7,Number .,` fit a2at3{fjj] g9g9 y� > s35°.`m„@MiT n g Y w o a t j8kY 8yyI 3 dA?��y Z kw wog pw"� Y E t5Ad71 0 $g�$ '?3�8 i5��zq ���sF§�. 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Contact Person: Dana Burkhardt, Senior Planner Consent:❑ Regular:® Requesting Action:® Report Only:❑ Tvpe of Document Needine Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check ADDTODriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ® Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: CONSIDERATION of the Final Plat for "Parcel 2 at Eagles Nest", a 26 lot, three - tract, 58.209 acre single-family residential subdivision, Case #S2002-24. Staff Recommendation: Approve Fiscal Impact: No I Purpose of Item and Background Information: On October 4, 2001, Town Council approved the preliminary plat for the Eagles Nest subdivision, Case Number S1999-25, for 244 lots and one tract. On December 4, 2001, Town Council approved the Final (Master) Plat for Eagles Nest, with eleven large parcels and the Mountain Parkway private roadway (backbone road). This request is to subdivide Parcel 2 of the Final (Master) Plat of Eagles Nest. List All Attachments as Follows: Staff Report; Vicinity Map; Application; Final Plat Reduction Type(s) of Presentation: N/A Signatures of Submitting Staff: De artment Head r� ZZ-,ef Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PLANNING & ZONING DIVISION TOWN COUNCIL MEMO TO: Honorable Mayor and Town Council DT: February 11, 2004 FR: Dana Burkhardt, Senior Planner 1 RE: S2002-24; Final Plat "Parcel 2 at Eagles Nest", a 26 lot, three -tract subdivision. LOCATION: West of Parcel 1 and South of Parcel 3 of the Eagles Nest Subdivision. REQUEST: CONSIDERATION of the Final Plat for "Parcel 2 at Eagles Nest", a 26 lot, three - tract, 58.209 acre single-family residential subdivision, Case #S2002-24. DESCRIPTION: OWNER: MCO Properties APPLICANT: MCO Properties EXISTING ZONING: "R1-43" Zoning Districts EXISTING CONDITION: Undeveloped land PARCEL SIZE: 58.209 acres SURROUNDING LAND USES AND ZONING: NORTH: Eagles Nest Parcels 3 & 11; zoned "R1-43" SOUTH: McDowell Mountain Preserve; zoned "R1-43" EAST: Parcel 1 @ Eagles nest; zoned "R1-43" WEST: McDowell Mountain Preserve; zoned "R1-43" C�1► /A This request is for approval of the final plat for "Parcel 2 at Eagles Nest", a 26 lot, three -tract single-family subdivision. This is a replat of the Eagles Nest Final Plat Parcel 2, in accordance with the approved preliminary plat lot configuration for Eagles Nest. This Final Plat is located within a private/gated master subdivision with access from Mountain Parkway. The final plat provides access to Lot 3 directly from Mountain Parkway. Lots 1, 2, and 4-20 are accessed from Creosote Drive, which is a 1,750-foot long cul-de-sac extending west from Mountain Parkway. Lots 21-26 are accessed from Sabino Drive, which is a 570-foot cul-de-sac extending west from Mountain Parkway, south of Creosote Drive. The maximum lot area proposed is 179,469 square feet, the minimum lot area is 43,619 square feet, and the average proposed disturbance area for each lot is approximately 22,323 square feet. The individual lot developer is required to grant to the Town, a hillside protection easement over the remainder of the undisturbed lot area prior to building permit issuance. EVALUATION: On October 4, 2001, Town Council approved the preliminary plat for the Eagles Nest subdivision, Case Number S1999-25, for 244 lots and one tract. On December 4, 2001, Town Council approved the Final (Master) Plat for Eagles Nest, with eleven large parcels and the Mountain Parkway private roadway (backbone road). This request is to subdivide Parcel 2 of the Final (Master) Plat of Eagles Nest. Staff has reviewed this final plat application and the improvement plans submitted by MCO Properties against the approved preliminary plat, the approved final (master) plat, the approved cut and fill waiver, and the Subdivision and Zoning Ordinances as amended by the "Settlement Agreement" approved by Town Council on December 4, 2001. This final plat substantially conforms to all prior approvals and meets the requirements of the Settlement Agreement if approved with Staff's stipulations. The only modification made to this final plat from the approved preliminary plat is the addition of the required drainage and retaining wall easements, as is customary from the preliminary to the final plat. This parcel does not propose joint use driveways to access the individual lots. The following table provides the approved final plat lot counts for Eagles Nest/Adero Canyon and the disturbance area allocations, including this parcel: Parcel # Total Acres # of Lots Allocated Disturbance in sq. ft. EN 6 ® 66.92 .40 968,700 EN 7 17.328 13 264,800 EN 8 53.34 19 401,300 EN 9 48.71 26 573,700 EN 10 54.43 32 700,800 AC 1 23.94 9 170,100 AC 2 60.464 24 574,700 AC 3 58.894 24 579,700 AC 4 39.55 22 529,800 AC 9 25.406 8 152,800 EN 3 22.274 14 301,700 EN 4 26.548 14 306,000 EN 5 42.2 21 518,900 EN 1 51.45 21 535,400 EN 2 58.209 26 580,400 Totals: 649.663 313 7,158,800 Allowed: 415 9,420,500 Residual: 102 2,261,700 Average dist. for remaining lots: 22173.52941 RECOMMENDATION: Staff recommends approval of 52002-24; Final Plat of "Parcel 2 at Eagles Nest", with the following stipulations: 1) a. The Town's approval is conditioned on the Town receiving from the Department (ADWR): (i) written notice that the Department has approved a modification of CCWC's Designation that demonstrates a water supply to meet CCWC's current and committed demands including the Subdivision; or (ii) written notice that the Department has demonstrated that the Deficit Volume has been otherwise eliminated and CCWC has a sufficient supply to meet the water demands of the Subdivision. b. The Town's approval is also conditioned on the developer of the Subdivision not submitting a request to the State Real Estate Commissioner for a public report for the Subdivision under A.R.S. §§ 32-2181 through 32-2183 prior to the Department's issuance of the written notice as described in (a)(i) or (a)(ii) above. 2) Prior to construction, provide approved water service plans. 3) Address all improvement plan review comments to the Town's satisfaction, and submit all remaining supporting improvement plans and documents. Prior to construction, all improvement plans, including grading and paving plans, signing and striping plans, landscape and irrigation plans, and all utility service plans (unless otherwise specified in these stipulations) must be approved by the Town. 3) Provide the Town with a copy of the recorded CC&R's to show conformance to Article 6.2.5 of the Settlement Agreement, which provides verbiage that restricts any further subdivision of these lots. 4) Provide a Geotechnical Report (approved by the Town Engineer) prior to Final Plat recordation. 5) Provide a Construction Assurance Bond for all improvements including, but not limited to drainage facilities and structures and landscaping that is acceptable in form to the Town Engineer and Town Attorney, prior to Final Plat recordation. 6) Adequate construction assurance shall also have been posted for the sewer outfall and all needed water infrastructure for the plat. 7) Add easements where needed along the subdivision streets and adjacent to Mountain Parkway, including utilities, retaining wall easements (roadway slope easements), meandering sidewalk easements, and sight distance easements. Provide a separate Grant of Easement for any easements not shown on the Final Plat, but later determined to be necessary. 8) Revise the roadway grading design to not exceed the cut and fill depths approved for the cut and fill waiver. 9) Revise Lot 19 frontage width to maintain minimum 145' width as required for all lots in this subdivision. 10) Show the emergency access road grading and improvements within Tract "C" on the plat improvements. 11) Show booster pump and easement on Lot 10 as approved on the preliminary plat. p p0� ®,Q®Q • ��®�,O JIM -4®o 0 v � 04 ® �P�' • n � ���Q` as ,,.� a OQ® :sae �;; �®�a ®� ©Q •gy��pC' � W N L� LLJM �, m I- a Q a W �Ka 0 a � O zz v d b roar Z 3 z �!m W FM PBA 1/02 The Town of Fountain Hills For Official Use Only COMMUNITY DEVELOPMENT DEPARTMENT Case Manager: Fountain Hills, Arizona Area Specific Plan or Change Preliminary Plat 'i rv-AJ J/ General Plan Amendment Cut/Fill Waiver Plan of Development Special Use Permit Zoning Change SU Comprehensive Sign Plan Variance HPE Change or Abandonment NATURE OF THE REQUEST: PROJECT NAME Mrs. Applicant:" Mr. / 6C Ms. Address: Mrs. Mr. Ms. Owner: Address: City: Day Phone State: Zip: Day Phone State: Zip: If application is being submitted by someone other than the owner of the property under consideration, the section below must be completed. SIGNATURE OF ^` DATE I HEREBY AUTHORIZE Please Print TO FILE THIS APPLICATION. Subscribed and sworn before me this day of • 20 My Commission Expires _ Notary Public ` r FILING DATE: — () FEE PAID: P�2 (See Fee Schedule) ACCEPTED BY: finJ� /ate/�a- 11 Application se4Number `Z iUC� uw a .,t. . Page 2 ofa t� -! - L9L0-ZZ6 (096) �,�►�"'_'"'"'"��,,, IVId 'IVNIA ?, m s 09LRZZ6 (OB9) I� �/ � 09LS9 Ztl '3 Ivas-U00S Z '133H Y d tlL-0 aims 3AIa033n1Nltla '3 oscB 'ay rm—,— 1S3N S31Jd3 i o WE s aaaaaaa6a7m$ g a a a$ ae R= s o 0 o o a o o a o 4 R a a� R5":3333 E§<`; i1F$a3:3�3� 9;ok a sN I ���a as W s a R a R R a a R$ R R R R R R= 6 " 9 S RYS a Y a eg €� asyRas aRReaaff R - � Ra :aR IM4 I CD Z '[xy��b / b W NOE- 44 Woo W� i Q UpOVy� N � W cd Z N a Btu 6 (y a fRg 12 ill -two. RPM a q IN Ix PH �� $ Deco zzs(oev) 09zSB ZV `3lVOS'o.r. V ✓O 31105 3AIL0 33N1NItl11 '3 04[B '� • >',' �Mi WI3YMMr' re53R^m �888888 9333RR' rn �y7'nn+ Y IVId 1HNH Z 133add 1S3N S319V3 1��..�+sma:8BFn888R«§Sr�"'S:.:rBR'+. 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Contact Person: Dana Burkhardt, Senior Planner Consent:❑ Regular:® Requesting Action:® Report Only:❑ Tvne of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special./Temp Use Permit ❑ Other: Council Prioritv (Check Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ® Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: CONSIDERATION of the Final Plat for 'Parcel 11 at Eagles Nest", a 18 lot, five - tract, 38.25 acre single-family residential subdivision, Case #S2002-26. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: On October 4, 2001, Town Council approved the preliminary plat for the Eagles Nest subdivision, Case Number S 1999-25, for 244 lots and one tract. On December 4, 2001, Town Council approved the Final (Master) Plat for Eagles Nest, with eleven large parcels and the Mountain Parkway private roadway (backbone road). This request is to subdivide Parcel 11 of the Final (Master) Plat of Eagles Nest. List All Attachments as Follows: Staff Report; Vicinity Map; Application; Final Plat Reduction Type(s) of Presentation: N/A Signatures of Submitting Staff: partmTent He � Zz- Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PLANNING & ZONING DIVISION TOWN COUNCIL MEMO TO: Honorable Mayor and Town Council DT: February 11, 2004 FR: Dana Burkhardt, Senior Planner �� RE: S2002-26; Final Plat "Parcel 11 at Eagles Nest", an 18 lot, five -tract subdivision. LOCATION: North of Parcels 1 & 2, and South of Parcel 10 of the Eagles Nest Subdivision, west of Plat 514 & 515. REQUEST: CONSIDERATION of the Final Plat for "Parcel 11 at Eagles Nest", a 18 lot, five - tract, 38.25 acre single-family residential subdivision, Case #S2002-26. DESCRIPTION: OWNER: APPLICANT: EXISTING ZONING: MCO Properties MCO Properties "R1-43" Zoning Districts EXISTING CONDITION: Undeveloped land PARCEL SIZE: 38.25 acres SURROUNDING LAND USES AND ZONING: NORTH: Eagles Nest Parcel 10 and Plats 514 & 515; zoned "R1-43 & R 1-10 PUD" SOUTH: Parcels 1 & 2 of Eagles Nest; zoned "R1-43" EAST: Plat 514; zoned "R1-10 PUD" WEST: Parcels 3 & 10 of Eagles Nest; zoned "R1-43" SUMMARY: This request is for approval of the final plat for "Parcel 11 at Eagles Nest", an 18 lot, five -tract single-family subdivision. This is a replat of the Eagles Nest Final Plat Parcel 11, in accordance with the approved preliminary plat lot configuration for Eagles Nest. This Final Plat is located within a private/gated master subdivision with access from Mountain Parkway. The final plat provides access to Lots 1-5 and 9 directly from Mountain Parkway. Lots 6-8 and 10-17 are accessed from Tubac Court, which is a 1,050-foot long cul-de-sac extending north from Mountain Parkway. The Cholula Drive cul-de-sac bulb will be fully improved and completed with this subdivision to provide public access to Lot 18 of this proposed plat. The maximum lot area proposed is 120,765 square feet, the minimum lot area is 43,953 square feet, and the average proposed disturbance area for each lot is approximately 21,505.5 square feet. The individual lot developer is required to grant to the Town, a hillside protection easement over the remainder of the undisturbed lot area prior to building permit issuance. EVALUATION: On October 4, 2001, Town Council approved the preliminary plat for the Eagles Nest subdivision, Case Number S1999-25, for 244 lots and one tract. On December 4, 2001, Town Council approved the Final (Master) Plat for Eagles Nest, with eleven large parcels and the Mountain Parkway private roadway (backbone road). This request is to subdivide Parcel 11 of the Final (Master) Plat of Eagles Nest. Staff has reviewed this final plat application and the improvement plans submitted by MCO Properties against the approved preliminary plat, the approved final (master) plat, the approved cut and fill waiver, and the Subdivision and Zoning, Ordinances as amended by the "Settlement Agreement" approved by Town Council on December 4, 2001. This final plat substantially conforms to all prior approvals and meets the requirements of the Settlement Agreement if approved with Staff's stipulations. The only modification made to this final plat from the approved preliminary plat is the addition of the required drainage and retaining wall easements, as is customary from the preliminary to the final plat. This parcel does not propose joint use driveways to access the individual lots. The following table provides the approved final plat lot counts for Eagles Nest/Adero Canyon and the disturbance area allocations, including this parcel: Parcel # Total Acres # of Lots Allocated Disturbance in sq. ft. EN 6 66.92 40 968,700 EN 7 17.328 13 264,800 EN 8 53.34 19 401,300 EN 9 48.71 26 573,700 EN 10 54.43 32 700,800 AC 1 23.94 9 170,100 AC 2 60.464 24 574,700 AC 3 58.894 24 579,700 AC 4 39.55 22 529,800 AC 9 25.406 8 152,800 EN 3 22.274 14 301,700 EN 4 26.548 14 306,000 EN 5 42.2 21 518,900 EN 1 51.45 21 535,400 EN 2 58.209 26 580,400 EN 11 38.25 18 387,100 Totals: 687.913 331 7,545,900 Allowed: 415 9,420,500 Residual: 84 1,874,600 Average dist. for remaining lots: 22316.66667 RECOMMENDATION: Staff recommends approval of S2002-26; Final Plat of "Parcel 11 at Eagles Nest", with the following stipulations: 1) A. The Town's approval is conditioned on the Town receiving from the Department (ADWR): (i) written notice that the Department has approved a modification of CCWC's Designation that demonstrates a water supply to meet CCWC's current and committed demands including the Subdivision; or (ii) written notice that the Department has demonstrated that the Deficit Volume has been otherwise eliminated and CCWC has a sufficient supply to meet the water demands of the Subdivision. b. The Town's approval is also conditioned on the developer of the Subdivision not submitting a request to the State Real Estate Commissioner for a public report for the Subdivision under A.R.S. §§ 32-2181 through 32-2183 prior to the Department's issuance of the written notice as described in (a)(i) or (a)(ii) above. 2) Prior to construction, provide approved water service plans. 3) Address all improvement plan review comments to the Town's satisfaction, and submit all remaining supporting improvement plans and documents. Prior to construction, all improvement plans, including grading and paving plans, signing and striping plans, landscape and irrigation plans, and all utility service plans (unless otherwise specified in these stipulations) must be approved by the Town. 3) Provide the Town with a copy of the recorded CC&R's to show conformance to Article 6.2.5 of the Settlement Agreement, which provides verbiage that restricts any further subdivision of these lots. 4) Provide a Geotechnical Report (approved by the Town Engineer) prior to Final Plat recordation. 5) Provide a Construction Assurance Bond for all improvements including, but not limited to drainage facilities and structures and landscaping that is acceptable in form to the Town Engineer and Town Attorney, prior to Final Plat recordation. 6) Adequate construction assurance shall also have been posted for the full length of the Mountain Parkway sewer outfall and all needed water infrastructure for the plat. 7) Add easements where needed along the subdivision streets and adjacent to Mountain Parkway, including utilities, retaining wall easements (roadway slope easements), meandering sidewalk easements, and sight distance easements. Provide a separate Grant of Easement for any easements not shown on the Final Plat, but later determined to be necessary. 8) Revise the roadway grading design to not exceed the cut and fill depths approved for the cut and fill waiver. 9) Identify the Future Fire Station, and provide dedication language for that tract of land on the plat cover, in the conveyance and dedication statement. 10) Indicate in the dedication language whether the extension of Cholula Drive will be a public street, if this portion of the roadway is not public at this time. p _ # x el YR .. s. _ r a. » • r yp .�.I ,p a w R • . T 1 R M • a i � p ^: • ... F » = R P it »T Y c Y a T • • d i _ +� � z • X • s • » "" 1 eR++ • • R • w 4 Q N Y } xx Lo It R T o ■ • •x j/ •P `� s � p • / 3 �+. pi 4 ■ d LoCJ9 p • R • U�i ww. � + i a » » » • a y F"wm N T a V) RR 1 >S W w o � f--- m J =' W n K � U 1 r W ,r F x W o ¢JLU ii UI i w� p 1 N %v�1 i P B A 1,'0L2 oo�kr The Town of Fountain Hills 4 COMMUNITY DEVELOPMENT D For Official Use Only DEPARTMENT Case Manager: WO o Fountain Hills, Arizona trc no ur- m� APPLICATION p Area Specific Plan or Change _preliminary Plat General Plan Amendment Cut/Fill Waiver Plan of Development Special Use Permit Zoning Change SU Comprehensive Sign Plan Variance HPE Change or Abandonment NATURE OF THE (BEQUEST: PROJECT NAME _ Mrs. Owner: Mr. Ms. Address: State: Day Phone City: State: Zip: If application is being submitted by someone other than the owner of Me property under consideration, the section below miff be completed. SIGNATURE OF GWNIE DATE << I HEREBY AUTHORIZE TO FILE THIS APPLICATION. Please Print Subscribed and sworn before me this day of 20 My Commission Expires Notary Public ".. =ILING DATE: '� `� FEE PAID: ACCEPTED BY: (See Fee Schedule) Application Page 2 of 7 Case Number CC) I °Ye;a pilJill --.E+Q V. z � yy �O 0 3 9 21 3 9 b a J w U H CC Q J a- C I-- J W Z Z vJ w J QD Q w r z w m W Z O O M a a O N U J w 0 C' CL0za w as o O z c a u� o = x w H 00 N L� m N p O Z o Q ty w N w C N m a OU O w 'LN > w z C O Q O r Q K a J O v a a in Z Z a = �a 3 0 L, J l d R eaM¢A_ R* i RRRM=2,M L vbfiR ppe Z Sg�d�Y ez9 n Hvici Phi ,. kgL"di iR K �o tl a 3 i ie a- a gang 19NW P e9t2tlgn y wnd6 - W b b7F o e Ne „ gwgwi Fiid FN Fi v ° R,16 do �ky9 } C' 9. pbbt��Y g� � y <a > m 'd5 S E; Ai MV. of a e g e a e s e s e a e R R R R � r R92^VBtPF0 It Le - � tlk m bg w b� d 6g � gS m d� =nz, �' ?nF y•_n■ �,„b{ �.ab �frn �_F_.,;g„ f XY•gXYfsY�Ky �e y._YY58sY3fs „RR `f A gg�!_RgqK'<-9qq'�-^gqP_i.A k�"A Rka �A gbFdha „hr�A .b:,�, Eb B"�b:$nn: �t'bc"iet'bC te�h_ee%h_ee CbF'e stE% 9< j v �n�g�ifs 'Y d Z W hybpbX■k 3§��PWy�YY���8 Y F' betltl tlN*NHH`„IHNtl ynzh =9 b Xtl X6 X -XxQ < Q W$ N< 3 w b tlb a < C �b `f ybY "g U n: Z tl - W:R 1a9 Vsb aY « 'o � U �! 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Y 10 051 :8*„f f _' .9 a �- tl baW by� bzsa- a N 4 N a g � 8 88$8 SSSE � € � € _ Oat 85 €E , €� €o � b �� �b6 Y '�y"A �y�ys, �p"pa N e Y Ny Niz� z� hxf y_ ��" g_"■ 8� 8_ ZAii m sb t zo $ FA a = p a saa Rai a RxxIV ^ N ti� U gs 999b■■gyyaax:.h■.. °; gn S pgS rn ;:8� � Y �aH INN n�„, `tltl bzaziK■b■ Yg W8T,h..bXnX�bXBbX` Y n € t a z R Y 4 O Y a 9I$ CL yy tp IIIIf III' IIII� I�It - IIII• I�I� l W Isla Cki N �k m 8 w a a ' 1 11 , t� :1 :� ' \ � ae* ^l / / LO LU p 40r vfmaa ,ba& � ,N•% �.�yR a4� W CO •*`gs W ca Q CIA ao a 9 •/ V/ g l� ti �j �OM1 j444R$ S Y � �saaxzxsxaax� $k_aas yR��lR9fdK^=�� �Aq7° ssjtR SUGB VM usxsas— AdPhl Z 193HS 9NI-1 HOIVPV :ashle kx a� ° I z �a@Adli Un M Z w:4 fro ap 5 a NO6�gLL LLp pp < Z a £y 4 p .a.0.n 90 30Vd/6OV N008 *19 'ON 1Vld IVNI3 VNOZ18V SIIIH NIV1NnOJ 0-0 3 133HS 3NI-7 H0IVVV + |�!§ �' ■ � /%/f j q w b 3 m w & � 2 � 7 N w 2 a) On 4N�;�d � +7� r I@Id �g v r! r Z \ I d z �� W � � ao a ° ` R ijire'' .;•,>. 9133HS 3NI1 HOiVYV aaa � g 1: \ R 6 At seas ff�n •\ \ erg t rl,R�h 7 �,S \ ow tR, 1 \ S ✓t �\s �y\\ i i. � i \ � 1 3ry � y lyy� i ja rt'[wl r,fdrfilf V 133HS 3NI-7 HOI VYV {{ I� C g(� i}f"Al2l2j 9 - 1-J73-1 MO-1M8 =JNI-I H-�1WIN R IIII� I�If � I I I• IKI� �bd � IQI, ^=g z W�a aLL § w u n: I Z_ f Z U � r a roa a l Z I �N8 — 4\� o IWO 9 1DDHS DNI-I HOiVYY 8.� I II 1 ya. 1 � paC yJ 'I�Xmv, Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Admin Consent:® Regular:❑ Meeting Date: 02/19/2004 Contact Person: Julie Ghetti Requesting Action:® TVne of Document Needing Approval (Check all that a ❑ Public Hearing ® Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ® Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ SpeciaUTemp Use Permit ❑ Other: Council Prioritv (Check Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ® Finance Regular Agenda Wording: Consideration of Resolution 2004-10 approving a funding source for the Civic Center phase II project. Staff Recommendation: Approve Fiscal Impact: Yes $5.3M Purpose of Item and Background Information: Staff is recommending approval of Ordinance 04-10 that authorizes the expenditure for phase II of the Civic Center project. The recommended funding source is through the use of available capital reserves in the general fund and temporary borrowing from the excise tax fund with a designated repayment schedule. List All Attachments as Follows: Ordinance 04-10, powerpoint presentation. Type(s) of Presentation: PowerPoint Signatures of Submitting Staff: Budget Review (if item not budgeted or exceeds budget amount) Town Manager / Designee \\earth\jghetti\wpdata\agenda cover sheetl.doc Civic Center Phase II Financing Julie Ghetti, MPA, CPA, Accounting Supervisor Don Thumith, Facilities Supervisor Tim Pickering, CM, CEcD, Town Manager February 19, 2004 Comparison of costs over 15 years Lease, utilities, maintenance $10.4M Cost of new building 4.5M Savings first fifteen years $ 5.9M s Situation • Draft lease is not signed - we are month -to - month • Costs $656,520 to occupy three buildings (42,000 square feet) each year: ■ $401,520 for lease ■ $100,000 in taxes and . $155,000 in landscaping and utility charges ■ Cost over 15 years is >$10M ■ Senior Center space is inadequate, non-ADA compliant Potential Site {p F F c� ■ Town owns site. • Includes space for new Senior Center ■ Phase two of Civic Center project planned 4 since 1995. Where will we get $4.5M for construction? ■ Recommended alternative should be the most fiscally conservative and consistent with our mission ■ If borrowing is considered, a financial analysis must be prepared showing positive trends Building now vs building later ■ Town Council has established reserves for capital projects (current balance $1M) ■ Project was included in 5 year Capital Improvement Plan for FY2004 through 2006 ■ 5 year projection of revenues and expenditures shows annual operating surplus (avg. $1+M) ■ The savings gained from making a sacrifice now will provide resources for future capital projects Council Mission, Vision and Values "The Town of Fountain Hills will continue to be a fiscally conservative government that strategically plans and prioritizes the vital service and program needs of the community and provides the appropriate funding to meet them." Building now vs building later ■ A town -owned building would quarantee long term savings as well as provide another asset for the town ■ Costs for rent and maintenance will continue to increase each year ■ Town is paying for 40% more space than needed ■ Have to plan for the possibility of being asked to move as we are on a month -to -month basis ■ Original lease expires June 30, 2005 2 Financing options ■ Continue to rent ■ Grants ■ Sell assets ■ Bond issue ■ Internal fund borrowing ■ Pay-as-you-go 0i, or Pay-as-you-go resources Savings: FY03-04 tax rebate/refunds $ 552,400 Capital Budget: Development Fees $ 392,700 Revenue Enhancements $ 601,700 Fund Balance reserve for capital $1,093,000 General Fund available for capital $1,071,500 Proceeds from sale of assets i 21,700 EP Internal Borrowing: Mountain Bond excise tax $1,696,000 TOTAL $5,429,000 ll I — Financing Recommendation ■ Pay-as-you-go using available cash and continue to pursue grants and/or contributions ■ Why? ■ Consistent with mission, vision, values ■ Preserves debt capacity for future improvement bonds ■ Consistent with debt policy adopted by council, policy promotes a "pay-as-you-go" philosophy ■ Do not have to wait for bonds to be sold ■ Larger and earlier cost savings ■ Timing is poor for Fountain Hills bond issue 3 El Grants: Prop 202 or other Sell Assets Kiwanis Building �u tel: 2 Land M-1, t • Sell Bonds Requires dedicated revenue source Annual payment $535,000 or (0.16% local sales tax) Cost over 15 years = $81V! -L3 _Debt—litINO to IWAl limit E.Pr l— 15 Why not issue bonds? Analysis reouired for issuino debt: ■ Debt outstanding as percent of legal debt limit ■ Bonded debt per capita ■ Debt service as percent of assessed value ■ Fund balance trend ■ Expenditure trend ■ Debt ratio (debt service/total revenues) muk Fund bekne. trostd E � n,aoo,luo ss.aoo.aoo s].aoo,000 ' Flue-v9 tvw-m cvoo.ol svoluz tvotos Above chart should show a five year upward trend Moody's Investor Services continues to monitor and evaluate Town financial condition. Rating reviews are based on analysis of trends - may take two years before consideration is given to removing outlook. 0 Cost Comparison over 15 Years Pay as you go 15 Year Borrowing Continue to Renl Construction $4.00M Construction $4.00M Rent $6.60M Architect $0.40M Architect $0.40M Utilities $2.33M FF&E $0.50M Contingency $0.90M COI' $0.16M Contingency $0.40M Interest $2.80M Taxes S1.50M Total $5.30M Total $8.26M Total $10.43M Savings = $2.2M to $5.1 M ' Includes expansion and Senior Center `Costs of issuance ummary ■ Town will save almost $30M over a 30 year period by building own facility - that's $1M a year ■ Building cost will be recovered in 7+ yrs ■ We won't be spending money on someone else's investment ■ Proposed site is owned by the Town and once constructed will be an asset ■ Not having a signed lease contract exposes the Town to risk of being asked to move Revised 5 Year Fund Balance Projection Sb.00e000 SS.000.000 i 54.000.000 $3.00o.000 32.O0a0o0 zoo3.2na4 2on4--1oo1 zoos -moo zoos zoo3 2003-200e zoos -zone —.1 Y— Council action required Approving resolution 2004-09 will authorize the $1.OM expenditure of general fund capital reserve funds and a transfer of $1.7M (if necessary) from the mountain bond excise tax fund to the capital project fund with repayment in FY 2006. The first $2.7 will come from the revenue enhancements, development fees, general fund surplus and refunds. 5 RESOLUTION NO. 2004-10 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING A FUNDING SOURCE FOR THE CIVIC CENTER PHASE II PROJECT. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") amended the Town of Fountain Hills (the "Town") Financial Policies to include a new section, entitled "Debt Policy" (the "Policy"), on August 21, 2003, in Resolution No. 2003-50; and WHEREAS, the Policy promotes a "pay-as-you-go" philosophy with respect to capital improvement projects; and WHEREAS, the Town Council desires to fund the Civic Center Phase II Project (the "Project"), a capital improvement project, with "pay-as-you-go" funding; and WHEREAS, the Town has approximately $1 Million available in cash reserves in its General Fund that are specifically designated for capital improvement projects; and WHEREAS, the Town has approximately $1.7 Million available in cash reserves in its Excise Tax Fund, representing surplus sales tax collections for retirement of the McDowell Mountains Bonds; and WHEREAS, the Town desires to borrow $1 Million from the General Fund reserves to fund the Project and to replenish said General Fund reserves, in full, over a three-year period; and WHEREAS, the Town desires to borrow $1.7 Million from the Excise Tax Fund reserves to fund the Project and to repay said Excise Tax Fund reserves, in full, from the General Fund in FY 2005-2006. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That the Town Council hereby approves of borrowing $1 Million from the General Fund reserves and $1.7 Million from the Excise Tax Fund reserves to pay for the Project in a manner consistent with the philosophies adopted in the Policy. SECTION 2. That the Town Council hereby approves of replenishing (i) the General Fund reserves, in full, within three years and (ii) the Excise Tax Fund reserves, in full, in FY 2005-2006. SECTION 3. That 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. 9196.001\Resolutions\2004-10 Fund transfer.res.doc 2-12-04-1 1 PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, February 19, 2004. FOR WN W. J. Nichols, Mayor REVIEWED BY: FOUNTAINHILLS: ATTESTED TO: Timothy G. Pickering, Town Manager 9196.001\Resolutions\2004-10 Fund transfer.res.doc 2-12-04-1 2 Bevelyn J. Bender, Town Clerk APPROVED AS TO FORM: Andrew J. McGuire, Town Attorney It Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Admin Consent:❑ Regular:® Meeting Date: 2/19/04 Contact Person: Pickering Requesting Action:❑ Tvne of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ® Other: Contract Council Prioritv (Check Appropriate Areas ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only: El ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda Wording: CONSIDERATION of approving the contract for the selected DESIGN/BUILD Team, Holder Smith Group, for the Civic Center Phase II project. Staff Recommendation: Approve Fiscal Impact:: Yes $400,000 Purpose of Item and Background Information: The Council will consider approving Holder Smith Group as the design/build team for the Civic Center Phase II project. List All Attachments as Follows: Blank contract. Supporting documentation will be provided early next week. Type(s) of Presentation: Verbal Signatures of Submitting Staff: Department Head 7)&;'ke-LyAq. W�J- Town Manager Budget Review (if item not budgeted or exceeds budget amount) Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Admin Consent:❑ Regular:® Meeting Date: 2/19/04 Contact Person: Pickering Requesting Action: El Tvpe of Document Needine Annroval (Check all that avvl ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ® Other: Contract Council Prioritv (Check Avnrovriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Aeenda Wording: CONSIDERATION of approving the contract for the selected DESIGNBUILD Team, Holder Smith Group, for the Civic Center Phase II project. Staff Recommendation: Approve Fiscal Impact: Yes $400,000 Purpose of Item and Backeround Information: The Council will consider approving Holder Smith Group as the design/build team for the Civic Center Phase II project. List All Attachments as Follows: Blank contract. Supporting documentation will be provided early next week. Type(s) of Presentation: Verbal Signatures of Submttine Staff: Department Head Town Manager Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS OFFICE OF FACILITIES OPERATIONS SUPERVISOR INTER OFFICE MEMO TO: Tim Pickering, Town Manager DT: 02/12/2004 FR: Don Thumith, Facilities Operations Supervisor 7 RE: Report on selection of Design -Build Team for Civic Center Phase 11 Project. Purpose A synopsis of the process utilized for the selection of a design -build team for the Town's Civic Center Phase 11 Project. Process With the assistance of the consulting firm Kitchell CEM, who was contracted to guide staff to the conclusion of a design -build team selection process, a Town selection team recommends the design -build team of Smith Holder. The qualifications -based selection process used was the single-step method as outlined in ARS Title 34. A selection committee of eight individuals with diverse backgrounds in architectural design and construction ,%NW expertise was selected. The selection team members Mayor Wally Nichols, Councilwoman Leesa Stevens, Councilman and contractor Mike Archambault, Town Manager Tim Pickering, Town Attorney Andrew McGuire, resident Architect Stan Kleski, Kitchell CEM Charles Davis, Town Facilities Operations Supervisor Don Thumith made up the selection team. Events • 1/9/2004 RFQ for Submittal of Qualifications (SOQ). • 1/20/2004 Conducted a mandatory pre -submittal conference for potential. submitters. Number of attendees: Seventeen. • 1/29/2004 Received six submittal of qualifications packets. • 1/30/2004 The six packets were distributed to the Towns selection team for study and review. At the end of this day, one submitter withdrew from the process. • 2/3/2004 Selection Team convened at Town Hall, exercised a process to select a short list of three design -build teams for interviews. All members of selection team agreed on the top three design -build teams of Sundt/Breckenridge, Johnson Carlier/Dick & Fritsche, and Holder/Smith Group. (1) • 2/11/2004 Ninety minute interviews at Town Hall were conducted, presentations presented from each of the three short list firms, and a final selection process was completed. The top two firms of Holder/ Smith and Sundt/Breckenridge easily distinguished themselves. Subsequent to the three Presentation/Interviews, the selection team spent more than two hours of deliberation before selecting the design - build team of Holder/Smith Group for the Civic Center Phase 11 Project. The two top firms were very close to each other in the qualities the selection team were looking for. Presentation and interviews were conducted over 4.5 hours. The selection team had to make a tough decision selecting only one finalist out of three excellent firms. Finally after two hours of deliberation the design -build team of Holder/ Smith Group was selected for the Civic Center Phase 11 Project due to the strength of their architectural firm as Smith Group is the 26th largest firm in the nation, their construction project leader and their process to gain input from Council, employees and public. • 2/12/2004 thru 2/18/2004 Negotiations of design -build agreement with selected firm for pre -construction fee with the signed design -build agreement due to the Town. • 2/19/2004 Presentation to the Town Council for consideration of design -build team and design -build agreement. Selection and Contract `,%W Having selected Holder/Smith Group the Town entered negotiations for the design build pre -construction agreement beginning 2/12/2004. Your negotiation team of Kitchell CEM, the Town Attorney and Town Manager were able to reduce costs by $85,000. Attached please find the signed contract. There are two phases in the Design -Build process, in the first phase an architect and contractor pre -construction services contract is agreed upon for design services. The architect's contract cost with Holder/Smith Group is $253,000 for Smith's architectural services or 5.6 % of a $4.5 million building and $80,000 for Holder's contractor preconstruction services. These services total $333,000. With completion of the first phase of design, anticipated in June 2004, the second phase of the project involves a GMP (guaranteed maximum price) negotiation and a signed construction contract presented to Council for approval to move forward with construction. Also in June, a construction administration agreement with the architect will be submitted costing $63,400. The Town selection team has determined the project would be best served to utilize the landscape design firm already under contract to design the Avenue of the Fountains. This service is eliminated from the Smith architectural scope of work. (2) At the 2/19/2004 Town Council Meeting, staff will make a report on the selection process and request consideration for approval to move forward with the Civic Center Phase Il Project by approving the first phase of the design -build agreement attached, totaling $333,000. Attachments: Design -Build contract Smith Holder 2/11/2004 presentation material Cc: Mayor Nichols Town Council Town Attorney Dthumith\Thumith\Selection of Design Build Team Report\02/12/04 DESIGN -BUILD AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND HOLDER CONSTRUCTION GROUP THIS DESIGN -BUILD AGREEMENT (this "Agreement") is made r 4 `t l2004, by and between the Town of Fountain Hills, an Arizona municipal corporation (the "Town") and Holder Construction Group, L.L.C., a Georgia limited liability company d/b/a Holder Construction Company ("Contractor") for the purpose of completing the design and construction of the Town's Civic Center Phase 11 project (the "Project"). ARTICLE 1 GENERAL PROVISIONS 1.1 Phased agreement. This Agreement consists of two discreet phases: (i) the pre - construction phase (design) and (ii) the construction phase. The Contractor shall be compensated on a fixed fee basis for the pre -construction phase of this Agreement. At the conclusion of the pre -construction phase, the Town and the Contractor shall negotiate a Guaranteed Maximum Price ("GMP") for the construction phase. If the Town and the Contractor cannot, after good faith efforts, agree on a GMP for the construction phase, the Town shall be free to publicly bid the construction phase utilizing the Construction Documents, as defined in subsection 3.2(F) below. 1.2 Definitions. A. "Town's Program" means an initial description of the Town's objectives, including budgetary and time criteria, flexibility and expandability requirements, special equipment and systems and site requirements. B. "Contract Documents" means: 1. Change orders and written amendments to this Agreement attached hereto on Exhibit A and incorporated herein by reference, signed by both the Town and the Contractor, including Amendment No. 1, attached hereto as Exhibit A-1 ("Amendment No. I"); 2. This Agreement; 3. The Contractor's Guaranteed Maximum Price Proposal, if any, attached hereto as Exhibit B and incorporated herein by reference. 4. The Contractor's proposed (i) Scope of Services, (ii) Scope of Services Fee Breakdown and (iii) Schedule (collectively, the "Scope"), all attached hereto and incorporated herein by reference as Exhibit B-1. 9196.022.010esign-Build Agt.v3.doc 7 2-16-04-1 1 5. The most current documents approved by the Town pursuant to subsections 3.2(D), 3.2(E) or 3.2(F) below, attached hereto as Exhibits C-1, C2 and C_3, and incorporated herein by reference; 6. The Town's Program provided pursuant to subsection 4.1(A) below, attached hereto as Exhibit D and incorporated herein by reference; 7. The information provided by the Town pursuant to clause 4.1(B)(1) below; 8. The Town's RFQ attached hereto as Exhibit E and incorporated herein by reference; and 9. The Contractor's response to the Town's RFQ attached hereto as Exhibit F and incorporated herein by reference. In case of any inconsistency, conflict or ambiguity among the Contract Documents, the Documents shall govern in the order in which they are listed above. C. "Day" means calendar day. D. `Environmental Conditions" means collectively, Hazardous Materials and Underground Storage Tanks. E. `Environmental Damages" means all claims, judgments, damages, losses, penalties, fines, liabilities, encumbrances, liens, costs and expenses of investigation and defense of any claim, including, without limitation, attorney's fees, which are incurred at any time as a result of the existence of Hazardous Materials upon, about or beneath the Project site or migrating or threatening to migrate to or from the Project site, and including, without limitation: 1. Damages for personal injury, or injury to property or to natural resources occurring upon or off the Project site; 2. Fees incurred for the services of attorneys, consultants, the Contractor, experts, laboratories and all other costs incurred in connection with the investigation or remediation of such Hazardous Materials or violation of Environmental Requirements; and 3. Liability to any third party or governmental agency or political subdivision to indemnify such party, agency or political subdivision for costs expended in connection with the items listed in paragraph 1.2(E)(2). F. `Environmental Requirements" means all applicable laws, statutes, regulations, rules, ordinances, codes, licenses, permits, orders and similar items of all governmental agencies or other instrumentalities or subdivisions of the United States or the State of Arizona and all applicable judicial, administrative and regulatory decrees, judgments and orders relating to the protection of human health or the environment, including, without limitation: 9196.022.01\Design-Build Agt.v3.doc 2 2-16-04-1 1. All requirements, including but not limited to, those pertaining to reporting, licensing, permitting, investigation and remediation of emissions, discharges, releases or threatened releases of Hazardous Materials into the air, surface water, ground water or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of Hazardous Materials; and 2. All requirements pertaining to the protection of the health and safety of employees or the public. G. "Hazardous Materials" means any substance: 1. The presence of which requires investigation or remediation under federal, state or local law, statute, regulation, ordinance, order, action, policy or common law. 2. Which is or becomes defined as a "hazardous waste", "hazardous substance", pollutant or contaminant under any federal, state or local law, statute, regulation, rule or ordinance or amendments thereto, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act. 42 U.S.C. §§ 9601 et seq. ("CERCLA"), as amended, or the Resource, Conservation and Recovery Act, as amended, 42 U.S.C. §§6901 et seq. ("RCRA"); 3. Which is petroleum, including crude oil or any fraction thereof not otherwise designated as a "hazardous substance" under CERCLA, including without limitation gasoline, diesel fuel or other petroleum hydrocarbons; 4. Which toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic, or otherwise hazardous and is or becomes regulated by any governmental authority or instrumentality or the United States or the State of Arizona; 5. The presence of which on the P roj ect s ite c auses o r t hreatens t o cause a nuisance upon the Project site or to the adjacent properties or poses or threatens to pose a hazard to the health or safety of persons on or about the Project site; or 6. The presence of which on adjacent properties could constitute a trespass by the Contractor or the Town. H. "Substantial Completion" of the Work or of a designated portion thereof, occurs on the date when construction is sufficiently complete in accordance with the Contract Documents so that the Town can safely occupy and fully utilize the Project, or a designated portion thereof, for the use for which it is intended. This date shall be confirmed by a Certificate of Substantial Completion signed by the Town and the Contractor. The certificate shall state the respective responsibilities of the Town and the Contractor for security, maintenance, utilities, damage to the Work and insurance. The certificate shall also list the items to be completed or corrected, and establish the time for their completion and correction. 9196.022.011Design-Build Agt.v3.doc 2-16-04-1 3 I. "Subcontractor" means a person or entity that has an agreement with the Contractor to perform any portion of the Work. The term Subcontractor does not include any separate contractor employed by the Town or any separate contractor's subcontractors. J. "Subsubcontractor" means a person or entity that has an agreement with a Subcontractor to perform any portion of the Subcontractor's work. K. "Underground Storage Tank" shall have the definition assigned to that term by § 9001 of RCRA, 42 U.S.C. § 6991, and also shall include: 1. Any tank of 1,100 gallons or less capacity used for storing motor fuel; 2. Any tank used for storing heating oil for consumption on the premises where stored; 3. Any septic tank; and 4. Any pipes connected to items listed in paragraphs 1 .2(K)(1) and 1.2(K)(2) above. L. The "Work" includes the (i) Pre -construction Phase Services procured in accordance with Section 3.2 below, (ii) GMP Proposal provided in accordance with Section 3.3 below, (iii) Construction Phase Services provided in accordance with Section 3.4 below, if applicable, (iv) Additional Services that may be provided in accordance with Section 3.7 below and (v) other services which are necessary to complete the Project in accordance with and reasonably inferable from the Contract Documents. ARTICLE 2 RELATIONSHIP OF THE PARTIES 2.1 Team relationship. The Town and the Contractor agree to proceed with the Project on the basis of trust, good faith and fair dealing, and each shall take all actions reasonably necessary to perform this Agreement in an economical and timely manner, including consideration of design modifications and alternative materials or equipment that will permit the Project to be constructed within the time and budget constraints established by the Town. 2.2 Town representations. A. The Town will provide project management services through Kitchell/CEM, Inc., an Arizona corporation, which firm shall act as the Town's agent in conjunction with the Town M anager. None of the T own's project management activities are intended to supplant or conflict with the design, budget, or any other services and responsibilities customarily furnished by the Contractor or subconsultants in accordance with generally accepted architectural/engineering practices, except as otherwise specifically modified by this Agreement. B. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against the Town or the Contractor. 9196.022.01\1)esign-Build Agt.v3.doc A 2-16-04-1 4 2.3 Contractor representations. A. The Contractor shall provide a list of all consultants that the Contractor intends to utilize relating to the Project. The list shall include such information on the qualifications of the consultants as may be requested by the Town. The Town reserves the right to review and reasonably object to the consultants proposed, and the Contractor shall not retain a consultant to which the Town has a reasonable objection. B. The Contractor shall provide to the Town a list of the proposed key project personnel of the Contractor and its consultants to be assigned to the Project. This list shall include such information on the professional background of each of the assigned individuals as may be requested by the Town. Such key personnel and consultants shall be satisfactory to the Town and shall not be changed except with the consent of the Town. The Town's approval of substituted personnel shall not be unreasonably withheld. C. The Contractor shall provide or procure architecture, landscape and engineering services. Architecture, landscape and engineering services shall be (i) procured from licensed, independent design professionals retained by the Contractor or (ii) furnished by licensed employees of the Contractor and such services shall be provided as required or as permitted by the laws of the state of Arizona. The person or entity providing architecture, landscape and engineering services shall be referred to as the "Architect/Engineer". If the Architect/Engineer is an independent design professional, the architectural and engineering services shall be procured pursuant to a separate agreement between the Contractor and the Architect/Engineer. Any such contract between the Contractor and the Architect/Engineer shall include requirements for professional liability insurance meeting the requirements of Section 11.1 below, including the minimum amount of such insurance as set forth in paragraph 11.1(B)(2). D. The Contractor represents that it has taken steps reasonably necessary to ascertain the nature and location of the Work, and that it has investigated and satisfied itself as to the general and local conditions which are applicable to the Work such as (i) conditions bearing on transportation, disposal, handling and storage of materials, (ii) the availability of labor, water, power and roads, (iii) normal weather conditions, (iv) observable physical conditions at the Proj ect site, ( v) t he s urface c onditions o f t he g round a nd ( vi) t he c haracter o f e quipment a nd facilities needed prior to and during the performance of the Work. To the extent the Contractor encounters subsurface or concealed conditions which differ materially from that which could reasonably have been determined from a site surface investigation by the Contractor on the date of this Agreement or from those ordinarily found to exist and generally recognized as inherent in the activities of the character provided in the Contract Documents, then the Contractor shall give notice to the Town promptly before conditions are disturbed and in no event later than seven Days after the first observance of the conditions if a Change Order is contemplated by the Contractor due to such conditions. Such materially different conditions may entitle the Contractor to an equitable adjustment in the GMP o r s chedule p ursuant t o t he C hange O rder provisions set forth in Article 9 below. 9196.022.01\Design-Build Agt.v3.doc ` 2-16-04-1 5 ARTICLE 3 CONTRACTOR'S RESPONSIBILITIES The Contractor shall provide professional architectural/engineering services for the Project in accordance with the terms and conditions of this Agreement and consistent with the Town's Program, as such Program may be modified by the Town during the course of the Work. The Contractor shall exercise reasonable skill and judgment in the performance of its services. The Contractor's performance of services shall be as professional consultant to the Town to carry out the activities of Project design and to provide the technical documents and supervision of the design t eam t o a chieve t he T own's P roj ect o bj ectives. I f t he T own a nd t he Contractor agree upon a GMP, the Contractor shall furnish construction and construction administration for the Work for the Project in accordance with the terms and conditions of this Agreement. 3.1 Environmental investigation. A. Upon written notice from the Town or upon Contractor's discovery of Environmental Conditions on the Project site, the Contractor shall recommend, for execution by the Town, one or more contracts ("Environmental Contracts") with suitably qualified consultants and/or engineers ("Environmental Engineers"), each of which Environmental Engineer and which form of Environmental Contract shall be subject to the approval of the Town, for purposes of performing an investigation and analysis of the Project site prior to demolition and excavation activities, to determine the presence of any Environmental Conditions on, in or under the Project site. The Environmental Contracts shall provide for a commercially reasonable scope of investigation approved by the Town, and may provide for conducting the investigation and testing in phases acceptable to the Town. The Environmental Contracts shall also provide that the Environmental Engineers shall begin their tests and inspections at the Project site as soon as the Town is able to arrange access to the Project site, or any portions thereof, for such purposes. The Environmental Contracts shall provide that the Contractor, acting as agent of the Town, shall coordinate the activities of the Environmental Engineers with the Work. B. The Environmental Contracts shall provide that the Environmental Engineers shall prepare such reports, feasibility studies and remedial plans ("Environmental Assessments") as may be reasonably necessary in order to identify and explain the quantity, scope and nature of the Environmental Conditions found to exist at the Project site. The Environmental Assessments shall contain a detailed analysis of the Environmental Conditions discovered, and the actions ("Remedial Actions") required for the response, removal, cleanup or remediation of such Environmental Conditions (i) which are required by Environmental Requirements or (ii) which are reasonably necessary to mitigate Environmental Damages. C. The Environmental Contracts shall provide that the Environmental Engineers shall promptly provide the Town and the Contractor with a copy of each Environmental Assessment, together with any other reports and test results generated pursuant to the Environmental Contracts. The Contractor shall, promptly after receipt of the foregoing matters from the Environmental Engineers, prepare and submit to the Town a written report setting forth the Contractor's understanding of whether and to what extent any recommended Remedial Actions may result in an amendment to the Schedule and the progress of the Work. 9196.022.OI\Dcsign-Build Agt.v3.doc 2-16-04-1 D. The Environmental Contracts shall provide that it shall be the responsibility of the Environmental Engineers to (i) give any necessary notice to the Federal government and t he S tate o f A rizona o r other agencies of the presence of any Environmental Conditions, (ii) to pursue all necessary negotiations with Federal and State agencies concerning preparation and approval of a plan for clean-up to the extent required and (iii) obtain all necessary permits to perform any Remedial Actions. E. If so instructed by the Town, based upon the results of the Environmental Assessments, the Contractor shall, as agent for the Town, obtain bids from remediation contractors ("Remediation Contractors") suitably qualified and approved by the Town, to perform the Remedial Actions selected by the Town and shall submit such bids to the Town, together with the Contractor's recommendation of the Remediation Contractor(s) who should be retained. If the Town elects to go forward with all or any portion of the Remedial Actions covered by the bids submitted, the Town will so advise the Contractor in a written notice on or before the date which is 60 Days after receipt of the foregoing matters from the Contractor. Promptly after receipt of such notice, the Contractor shall recommend for the Town's execution remediation contracts ("Remediation Contracts") with the Remediation Contractors identified in such notice. F. The Contractor, as agent for the Town, shall be responsible for coordinating the work and services performed by the Remediation Contractors with the Work. G. If in the course of performance of the Work, the Contractor encounters on the Project site any Hazardous Materials not previously disclosed and remediated by the Environmental Engineers or the Remediation Contractors, the Contractor shall immediately suspend the Work in the area affected and promptly thereafter report the condition to the Town. H. The Town will make all payments due under the Environmental Contracts and the Remediation Contractors directly to the Environmental Engineers and the Remediation Contractors. Such payments will be based on requisitions, which requisitions shall be approved by the Contractor prior to submission to the Town. I. All payments due under the Environmental Contracts or the Remediation Contracts and for Environmental Damages, shall not be a part of the GMP, and shall be the sole responsibility of the Town, except as expressly provided otherwise. J. Except as set forth in subsection 3.1(M) below, it is understood and agreed that with respect to any Environmental Conditions existing on the Project site, the Contractor is not, and shall not be deemed to be, a generator, arranger, owner, operator, treater, storer, transporter or disposer of, or otherwise responsible for, any such Environmental Conditions. It is understood and agreed that the Contractor shall have no right to direct the means or methods of performance of any Environmental Engineer or Remediation Contractor. K. To the extent that the Contractor is not in violation of subsection 3.1(M) below, the Town shall indemnify, defend and hold harmless the Contractor, the Subcontractors, and the directors, officers, agents and employees of each (the "Contractor Indemnitees"), from and against any Environmental Damages asserted against or sustained by such parties as a result of any of the Contractor Indemnities being deemed or determined to be a generator, arranger, 9196.022.01\Design-Build Agt.v3.doc 72-16-04-1 owner, operator, treater, storer, transporter or disposer of, or otherwise responsible for, any such Environmental Conditions. L. The Town acknowledges and agrees that the Contractor shall not commence or continue any demolition or construction activities on any portion of the Project site on or in which Remedial Actions are to be performed until such Remedial Actions are to the point where construction activities will not interfere with such Remedial Actions, as evidenced by appropriate certification by the applicable Environmental Engineer and/or Remediation Contractor and any required approvals of any applicable government agencies. The Contractor agrees to use good faith diligent efforts to adjust and reschedule its activities at the Project site so as to minimize, to the extent reasonably practical, the adverse effect on the progress of the Work resulting from any Remedial Actions. M. The Contractor shall not bring Hazardous Materials to the Project site, and shall not include Hazardous Materials in any construction materials, unless permitted by Environmental Requirements. The Contractor shall comply, and shall cause the Subcontractors to comply, with all Environmental Requirements regarding the generation, handling, storage, treatment and disposal of Hazardous Materials. N. The Contractor shall indemnify, defend and hold harmless the Town, its agents, officers, employees and subcontractors from and against any Environmental Damages asserted against or sustained by such parties as a result of any violation by the Contractor or the Subcontractors of any Environmental Requirements arising out of subsection 3.1(M) above. 3.2 Pre -Construction phase services. A. The Contractor shall provide a preliminary evaluation of the Project's feasibility based on the Town's Program and other relevant information. B. The Contractor shall prepare a preliminary schedule of the Work for the Town's written approval. The schedule shall show the activities of the Town, Architect/Engineer and Contractor necessary to meet the Town's completion requirements. The schedule shall be updated periodically with the level of detail for each schedule update reflecting the information then available. If an update indicates that a previously approved schedule will not be met, the Contractor shall recommend corrective action to the Town in writing. The work will be scheduled, planned and reported using Critical Path Method software that is acceptable to the Town. C. When sufficient Project information has been identified, the Contractor shall prepare for the Town's written approval a preliminary estimate utilizing area, volume or similar conceptual estimating techniques. The estimate shall be updated periodically with the level of detail for each estimate update reflecting the information then available. If the preliminary estimate or any update exceeds the Town's budget, the Contractor shall make written recommendation to the Town. D. The Contractor shall submit for the Town's written approval Schematic Design Documents, based on the Town's Program and other relevant information. The Schematic Design Documents shall include drawings, outline specifications and other conceptual 9196.022.01\Design-Build Agt.v3.doc O 2-16-04-1 8 documents illustrating the Project's basic elements, scale and relationship to the site. Sets of these documents shall be furnished to the Town as needed. T he Contractor shall provide an updated preliminary schedule and construction cost estimate based on the Schematic Design Documents for review and approval by the Town. E. The Contractor shall submit for the Town's written approval Design Development Documents based on the approved Schematic Design Documents. The Design Development Documents shall illustrate and describe the refinements of the design of the Project, establishing the scope, relationships, forms, size and appearance of the Project by means of plans, sections and elevations, typical construction details and equipment layouts. The Design Development Documents shall include specifications that identify major materials and systems and e stablish, in general, the 1 evel of quality. Upon completion of the Design Development Documents, the Contractor shall submit an updated construction cost estimate based upon the Design Development Documents for review and approval by the Town. F. The Contractor shall submit for the Town's written approval "Construction Documents" based on the approved Design Development Documents. The Construction Documents shall set forth in detail the requirements for construction of the Work, and shall consist of drawings and specifications, including Town -supplied general conditions and general requirements, based upon codes, laws or regulations enacted at the time of their preparation. Such Construction Documents shall be complete and contain sufficient detail to enable a contractor unaffiliated with the Contractor to undertake construction of the Project without modification to such Construction Documents. Construction shall be in accordance with these approved Construction Documents. Sets of these documents as needed shall be furnished to the Town prior to commencement of construction. G. The Town acknowledges the Contractor's construction documents as instruments of professional service. Nevertheless, the Schematic Design Documents and the Construction Documents prepared under this Agreement (collectively, the Schematic Design Documents and the Construction Documents are referred to as the "Drawings and Specifications") shall become property of the Town upon completion of the Construction Documents and payment in full of all monies due to the Contractor for the pre -construction phase of this Agreement. The Contractor shall not use the Drawings and Specifications for any purpose not related to the Project without Town's consent. The Town shall not reuse, for matters unrelated to the Work and its subsequent usage, or make any modification to, the Drawings and Specifications without the prior written authorization of the Contractor. The Town agrees to the fullest extent permitted by law, to indemnify and hold the Contractor harmless from any claim, liability or cost (including reasonable attorney's fees and defense cost) arising or allegedly arising out of any unauthorized reuse or modification of the Drawings and Specifications by the Town or any person or entity that acquires or obtains the Drawings and Specifications from the or through the Town without the written authorization of the Contractor. 3.3 Guaranteed maximum price proposal. A. At the stage of design as approved by the Town, the Contractor shall, if requested by the Town, propose a GMP, which shall be the sum of the estimated Cost of the Work as defined in Article 8 below and the Construction Phase Fee as defined in Article 7 below (the "GMP Proposal"). 9196.022.01\Dcsign-Build Agt.v3.doc (3 2-16-04-1 9 B. If the Town and the Contractor do not agree to a GMP, all references in this Agreement to the GMP shall not be applicable, and the parties shall proceed on the basis of reimbursement as provided in Articles 7 and 8 below. C. The estimated Cost of the Work may include the Contractor's contingency, a sum established by the Contractor and approved by the Town for use at the Contractor's discretion to cover costs that are properly reimbursable as a Cost of the Work but are not the basis for a Change Order. D. The Contractor shall include with the GMP Proposal a written statement of its basis, which shall include: 1. A list of the Drawings and Specifications, including all addenda, which were used in preparation of the GMP Proposal; 2. A list of allowances and a statement of their basis; 3. A list of the assumptions and clarifications made by the Contractor in the preparation of the GMP Proposal to supplement the information contained in the Drawings and Specifications; 4. The date of Substantial Completion upon which the GMP Proposal is based and the S chedule o f W ork u pon w hich t he d ate o f S ubstantial C ompletion i s ,„ based; 5. A schedule of applicable alternate prices; 6. A schedule of applicable unit prices; 7. A statement of Additional Services included, if any; and 8. The time limit, not less than 21 days, for acceptance of the GMP Proposal by the Town. E. The Contractor shall meet with the Town to review the GMP proposal. In the event that the Town discovers any inconsistencies or inaccuracies in the information presented, the Town shall promptly give written notice to the Contractor, who shall make appropriate adjustments to the GMP, its basis or both. F. The G MP P roposal s hall n of b ecome a p art o f this Agreement until the Town accepts the GMP proposal in writing by executing Amendment No. 1 on or before the date specified in the GMP Proposal for such acceptance. G. Prior to the Town's acceptance of the Contractor's GMP proposal, the Contractor shall not incur any cost to be reimbursed as part of the Cost of the Work, except as .. provided in this Agreement or as the Town may specifically authorize in writing. 9196.022.01\Design-Build Agt.vldoc 1 O 2-16-04-1 H. Upon acceptance by the Town of the GMP proposal, the GMP and its basis shall be set forth in Amendment No. 1. The GMP and the date of Substantial Completion shall be subject to modification by changes in the Work as provided in Articles 6 and 9 below. I. The GMP shall include, in the Cost of the Work, those taxes that are applicable at the time the GMP is established. If, in accordance with the Town's express written direction, an exemption is claimed for taxes, the Town agrees to indemnify, defend and, hold the Contractor harmless for any liability, penalty, interest, fine, tax assessment, attorneys fees or other expense or cost incurred by the Contractor as a result of any action taken by the Contractor in reliance upon the Town's direction relative to such tax exemptions claimed by the Town. 3.4 Construction phase services. A. The Construction Phase will commence upon the issuance by the Town of a written notice to proceed with construction. Construction shall not commence prior to execution of Amendment No. 1. B. The Contractor shall provide all necessary construction supervision, inspection, construction equipment, labor, materials, tools and subcontracted items necessary to complete the Work. C. The Contractor shall give all notices and comply with all laws and ordinances legally enacted at the date of execution of this Agreement which govern the proper performance of the Work. D. The Contractor shall prepare and submit a Schedule of Work for the Town's written approval. This Schedule shall indicate the dates for the start and completion of the various stages of the construction, including the dates when information and approvals are required from the Town. The Schedule of Work shall be revised as required by the conditions of the Work. Contractor shall ensure the work is scheduled, planned and reported using Critical Path Method software that is acceptable to the Town. E. The Contractor, with the assistance of the Town, shall secure and the Town shall pay for the permits necessary for the construction of the Project. F. The Contractor shall take necessary precautions for the safety of its employees on the Project, and shall comply with all applicable provisions of federal, state and municipal safety laws and regulations to prevent accidents or injury to persons on, about or adjacent to the Project site. The Contractor, directly or through its Subcontractors, shall erect and properly maintain at all times, as required by the conditions and progress of the Work, necessary safeguards for the protection of workers and the public; provided, however, the Contractor shall not be responsible for the elimination or abatement of safety hazards created or otherwise resulting from Work at the Project site carried on by the Town or its employees, agents, separate contractors or tenants, unless said hazards are created or otherwise result in part from the action or inaction of the Contractor or the Contractor's Subcontractors. The Town agrees to cause its employees, agents separate contractors and tenants to abide by and fully adhere to all applicable provisions of federal, state and municipal safety laws and regulations. The above provision shall not relieve Subcontractors of their responsibility for the safety of 9196.022.0I\Design-Build Agt.vldoc 1 1 2-16-04-I persons or property in the performance of their work, nor for compliance with all applicable provisions of relevant laws. G. The Contractor shall keep such full and detailed accounts as may be necessary for proper financial management under this Agreement. The Town shall be afforded access to all of the Contractor's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda and similar date relating to this Agreement. The Contractor shall preserve all such records for a period of five years after the final payment or longer where required by law. H. The Contractor shall provide weekly written reports to the Town on the progress of the Work as agreed to by the Town and Contractor. I. The Contractor shall develop a system of cost reporting for the Work, including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes i n t he W ork. T he r eports s hall b e p resented t o t he Town at monthly intervals. J. At all times the Contractor shall maintain the site of the Work free from debris and waste materials resulting from the Work. At the completion of the Work, the Contractor shall remove from the premises all construction equipment, tools, surplus materials, waste materials and debris. 3.5 Royalties, patents and copyrights. The Contractor shall pay all royalties and license fees that may be due on the inclusion of any patented or copyrighted materials, methods or systems selected by the Contractor and incorporated in the Work. The Contractor shall defend, indemnify and hold the Town harmless from all suits or claims for infringement of any patent rights or copyrights arising out of such selection. 3.6 Warranties and completion. A. The Contractor warrants that all materials and equipment furnished under the Construction Phase of this Agreement will be new (unless otherwise specified and agreed to by the Town), of good quality, in conformance with the Contract Documents, and free from defective workmanship, materials and hazardous materials. Warranties shall commence on the date of Substantial Completion of the Work or of a designated portion if the warranted items are fully installed, operational, and available for use and if not, at such time after the date of Substantial Completion as they are. B. The Contractor agrees to correct all construction performed under this Agreement which proves to be defective in workmanship and materials within a period of two years from the date of Substantial Completion or for such longer periods of time as may be set forth with respect to specific warranties required by the Contract Documents. C. The Contractor shall secure required certificates of inspection, testing, occupancy or approval and deliver them to the Town. 9196.022.Ol Design-BuildAgt.v3.doc 1 r1 2-16-04-1 1 G D. The Contractor shall collect, organize, index and bind together all written warranties and equipment manuals and deliver at least three bound copies to the Town prior to issuance of final payment pursuant to Section 10.6 below. E. With the assistance of the Town's maintenance personnel, the Contractor shall cause the inspection of utilities and operations of systems and equipment for readiness, and direct their initial start-up and testing. 3.7 Additional services. Any Additional Services must be authorized in advance by the Town in writing; the Contractor shall furnish or obtain from others the authorized services. The Contractor shall be paid for these additional services by the Town as herein provided to the extent they exceed reasonably inferable obligations of the Contractor under this Agreement. Potential additional services include: A. Providing additional financial feasibility or other special studies other than as required or reasonably inferred in this Article 3. B. Providing additional planning surveys or alternative site evaluations other than as required or reasonably inferred in this Article 3. C. Providing design services relative to future facilities, systems and equipment that are not intended to be constructed as part of the Project, other than general planning and master planning for future work as indicated by the Town's Program. D. Making major revisions in the Drawing and Specifications, or other documents when such revisions are inconsistent with written approvals or instructions previously given by the Town or are due to causes beyond the control and without the fault and negligence or partial fault or negligence of the Contractor or its consultants or agents. E. Providing additional soils sampling, classification, and analysis other than as required or reasonably inferred in the foregoing sections of Article 3. Contractor is entitled to rely upon the soils analysis and recommendations as provided by a geotechnical consultant; however, Contractor is responsible for interpretation of such data for the purpose of establishing the means and methods of construction and such interpretation shall not be considered Additional Services during the design or construction phases. F. Preparing to serve or serving as an expert witness for the Town in connection with any public hearing, arbitration proceeding, or legal proceeding wherein the Contractor or Subcontractor of the Contractor is not a party or allegedly at fault. G. Providing surveying services such as platting, mapping, subdivision agreements, or recording subdivision plats other than as required or reasonably inferred in this Article 3. H. Providing Additional Services and costs necessitated by out-of-town travel (travel to a location more than 100 miles from Project Site) required of and approved in writing by the Town, other than visits to the Project and other than for travel required to accomplish the Work. 9196.022.0I\.Dcsign-Build Agt.v3.doc 1 3 2-16-04-1 1 I. Providing any other services not otherwise included in this Agreement, reasonably inferred by this Agreement or not customarily furnished in accordance with generally accepted contractual practices consistent with the terms of this Agreement. J. Providing design and engineering of any work outside the property line of the Project site if said work is not expressly identified and included in the Scope subject to this Agreement. K. Providing consultation concerning replacement of Work damaged by fire or other causes and not due in whole or in part to Contractor's action or inaction during construction or furnishing services required in connection with the replacement of such work. L. Providing additional special surveys, environmental studies, and submissions required for approvals of governmental authorities or others having jurisdiction over the Project, other than as required or reasonably inferred in Article 3 above. M. Providing services to investigate existing conditions or facilities or to make measured drawing thereof, beyond those services which would normally be considered commercially reasonable as part of the Work. N. Providing services, when demonstrated it is necessary, to verify the accuracy of drawings or other information furnished by the Town. O. Providing analyses of owning and operating costs unless provided for in the Scope of Work. P. Making revisions to design documents after they have been approved by the Town when revisions are due to causes beyond the control and not the fault or partial fault of the Contractor. Q. Designing, and providing other services supporting the procurement of materials to be obtained, or work to be performed by the Town, including, but not limited to, telephone systems, sound systems, alarms, security systems, computer network systems and other specialty systems which are not a part of the Work, except for the cabling and infrastructure related to such systems which are included as part of the Work. ARTICLE 4 TOWN RESPONSIBILITIES 4.1 Information and services provided by the Town. The Town shall provide full information in a timely manner regarding requirements for the Project, including the Town's Program and other relevant information. The Town shall provide, at a minimum: A. All available information describing the physical characteristics of the site, including surveys, site evaluations, legal descriptions, existing conditions, subsurface and environmental studies, reports and investigations; 9196.022.010esign-Build Agt.v3.doc 14 2-16-04-1 B. Unless otherwise provided in the Contract Documents, necessary permits, fees and charges required for the construction, use, occupancy or renovation of permanent structures, including legal and other required services. 4.2 Town responsibilities during pre -construction phase. The Town shall provide the Town's Program at the inception of the Pre -construction Phase and shall review and timely approve schedules, estimates, Schematic Design Document and Construction Documents furnished during the Pre -construction Phase as set forth in Section 3.2 above. 4.3 Town responsibilities during construction phase. A. The Town shall review and timely approve the Schedule of the Work as set forth in subsection 3.4(D) above. B. If the Town knows or becomes informed of any error, omission or failure to meet the requirements of the Contract Documents or any fault or defect in the Work, the Town shall give prompt written notice to the Contractor. C. The Town shall communicate with the Contractor's Subcontractors, suppliers and Architect/Engineer only through the Contractor. The Town shall have no contractual obligations to Subcontractors, suppliers, or the Architect/Engineer. ARTICLE 5 SUBCONTRACTS Work not performed by the Contractor with its own forces shall be performed by Subcontractors. 5.1 Retaining subcontractors. The Contractor shall provide the Town a list of proposed Subcontractors prior to entering into any agreements with such Subcontractors. The Contractor shall not retain any Subcontractor to whom the Town has a reasonable and timely objection; provided, that the Town agrees to compensate the Contractor for any reasonable additional costs incurred by the Contractor as a result for such objections. The Contractor shall not be required to retain any Subcontractor to whom the Contractor has a reasonable objection. 5.2 Direction and control of subcontractors. The Contractor shall be responsible for the Subcontractors in all aspects of the the performance of their work. 5.3 Assignment of subcontract agreements. The Contractor shall provide for assignment of subcontract agreements in the event that the Town terminates this Agreement for cause as provided in Section 12.2 below. Following such termination, the Town shall notify in writing those Subcontractors whose assignments will be accepted, subject to the rights of sureties. 9196.022.01\Design-BuildAgt.v3.doc t 2-16-04-1 1 5 ARTICLE 6 CONTRACT TIME 6.1 Progress and Completion. The Town and the Contractor agree the time 1 imits stated in the Contract Documents, as the same may be amended and updated by the Parties, are of the essence of this Agreement. 6.2 Commencement of the work. The Work, except for the Environmental investigation services set forth in Section 3.1 above and Pre -Construction Phase Services set forth in Section 3.2 above, shall commence on or about the date established under Amendment No. 1 and shall proceed in general accordance with the Schedule of Work set forth in Exhibit B-1 attached hereto (the "Schedule") as such schedule may be amended from time to time. 6.3 Prosecution of the Work. The Contractor shall prosecute the Work so that the portion o f t he W ork c ompleted a t a ny p oint i n t ime s hall b e n of 1 ess t han a s r equired b y t he Schedule. If the delay is an Inexcusable Delay (as defined in Section 6.6 below), the Contractor shall immediately prepare a recovery schedule for the Town's review and approval, showing how the Contractor will compensate for the delays and achieve Substantial Completion by the date shown on the Schedule. If the Contractor is unable to demonstrate how it will overcome Inexcusable Delays, the Town may order the Contractor to employ such extraordinary measures as are necessary to bring the Work into conformity with the Substantial Completion date set forth therein, the costs of which shall be included as part of the Cost of the Work. If the delay is an Excusable Delay (as defined in Section 6.6 below), the Town shall either (i) authorize an equitable extension in the Schedule to account for such delay, and equitably adjust the GMP on account of such delay or (ii) request that the Contractor prepare a recovery schedule showing how (if possible) the Contractor can achieve Substantial Completion by the date shown on the Schedule, and equitably adjust the GMP in accordance with the Change Order provisions of this Agreement on account of any extraordinary activities required of the Contractor on account of such recovery schedule. 6.4 Critical path activities. To the extent the Contractor completes activities on the critical path earlier than scheduled, the savings in time on account thereof shall belong solely to the Contractor. 6.5 Construction activities. At such time as the Construction Documents, or any portion thereof, are complete, the Contractor shall submit to the Town for incorporation into the Contract Documents, a revised Schedule, which will expand the Schedule approved to date, but which will not, in and of itself, change the date of Substantial Completion of the Project. This revised Schedule shall be based upon a Critical Path Method and shall show in complete detail starting and completion time of detail activities, the sequence of the Work and all significant activities. 6.6 Extensions of Time. A. An extension in the scheduled date of Substantial Completion will only be granted in the event of Excusable Delays affecting Work activities on the critical path. The Contractor shall be entitled to general condition costs and extra costs related to the excusable 9196.022.01\Design-Build Agt.v3.doc 1 6 2-16-04-1 1 delay for idle labor, equipment inefficiency and lost productivity of the performance of the Work. The Contractor must submit evidence reasonably satisfactory to the Town substantiating such costs. Such adjustment to the contract sum and Substantial Completion date shall be issued in a Change Order. B. To the extent any of the following events results in an actual delay in the Work affecting Work activities on the critical path, such shall constitute an "Excusable Delay" (to the extent not set forth below, a delay will be considered an "Inexcusable Delay"): Delays resulting from Force Majeure. 2. Delays resulting from differing, unusual or concealed site conditions that could not reasonably have been anticipated by the Contractor in preparing the Schedule, including, without limitation, archaeological finds and soil conditions (including rock or other geological conditions), underground foundations, abandoned utility lines and water conditions. 3. Delays resulting from the existence or discovery of Hazardous Materials on the Project site not brought to the site by the Contractor. 4. Delays resulting from changes in Applicable Laws occurring after the date of execution of this Agreement; 5. Delays occurring due to the acts or omissions of the Town and those within the control of the Town. 6. Delays occurring due to the acts or omissions of a utility, so long as Contractor has coordinated with the utility causing the delay and the delay occurs despite reasonable steps taken by Contractor to avoid the delay. 7. Delays resulting from weather conditions which make it unreasonable to perform the Work in accordance with the schedule. C. In order to obtain an extension of time due to an Excusable Delay, the Contractor shall notify the Town of the Excusable Delay as soon as practicable, but in no event more than seven Days after the Contractor becomes aware of the occurrence of the Excusable Delay. Such notice shall describe the Excusable Delay and shall state the approximate number of Days the Contractor expects to be delayed. After the cessation of the Excusable Delay, the Contractor shall notify the Town of the number of Days the Contractor believes that its activities were in fact delayed by the Excusable Delay. In the event that the delay arises as a result of a Change Order request by the Town, the request for an extension of time contained in the resulting Change Order proposal shall be deemed sufficient for purposes of this subsection. D. Within ten Days after cessation of an event giving rise to either an Excusable Delay or Inexcusable D elay, t he p ariies w ill u se g ood f aith e fforts t o a gree o n t he extent to which the Work has been delayed and whether the delay is an Excusable Delay or an .► Inexcusable Delay. In the absence of agreement between the parties as to the then current status of Excusable Delays and Inexcusable Delays, the Town will provide the Contractor with written 9196.022.010mign-Build Agt.v3.doc 7 2-16-04-1 notice of Town's determination of the respective number of Days of Excusable Delay and/or Inexcusable Delay within ten Days after receipt by the Town of the Contractor's written request for such determination. The Contractor shall not, however, deem an issuance by the Town of such a determination to be a concurrence of the matters set forth therein, and the Contractor may invoke the dispute resolution procedures set forth in Article 13 below with respect to such determination. 6.7 Concurrent delays. To the extent the Contractor is entitled to an extension of time due to an Excusable Delay, but the performance of the Work would have been suspended, delayed or interrupted by the fault or neglect of the Contractor or by an Inexcusable Delay, the Contractor shall not be entitled to any additional costs for the period of such concurrency. 6.8 Liquidated damages. A. The Contractor and the Town acknowledge that in the event that the Contractor fails to achieve Substantial Completion of the Project by the date established therefore in the Schedule, as adjusted, the Town will incur substantial damages and the extent of such damages shall be incapable of accurate measurement. Nonetheless, the parties acknowledge that on the date of this Agreement, the amount of liquidated damages set forth below represents a good faith estimate as to the actual potential damages that the Town would incur as a result of late Substantial Completion of the Project. Such liquidated damages shall be the sole and exclusive remedy of the Town for late completion of the Project, and the Town hereby waives all other remedies available at law or in equity with respect to losses resulting from late completion. The amount of the liquidated damages calculated hereunder does not include any penalty. B. Amount of liquidated damages. 1. If the Contractor fails to achieve Substantial Completion of the Work on or before the date of Substantial Completion set forth in the Schedule, as adjusted, for any reason other than Excusable Delays, the Contractor shall owe the Town liquidated damages in the amount of $1,070.00 per Day (as per Maricopa Association of Governments ("MAG") specifications) for each Day the date of Substantial Completion is delayed beyond the date of Substantial Completion set forth in the Schedule. 2. If the Contractor fails to achieve Final Completion of the Work on or before the date of Final Completion set forth in the Schedule, as adjusted, for any reason other than Excusable Delays, the Contractor shall pay to the Town liquidated damages in the amount of $1,070.00 per Day (as per MAG specifications) for each Day the date of Final Completion is delayed beyond the date of Final Completion set forth in the Schedule. 3. In no case may the amount of liquidated damages due under this subsection 6.8(B) for any single Day of delay exceed $1,070.00. 4. Payment of liquidated damages is to be made contemporaneously with any required payment to the Contractor and the Town may offset any liquidated damages due against any amounts owing to the Contractor. 9196.022.011Design-Build Agt.v3.doc 2-16-04-I 1 8 6.9 Substantial completion. At such time as a GMP Proposal is accepted, a date of Substantial Completion of the Work shall be established as set forth in Amendment No. 1. If a GMP is not established and the parties desire to establish a date of Substantial Completion, it shall be set forth in Amendment No. 1. If such a date is established, time shall be of the essence of this Agreement. ARTICLE 7 COMPENSATION 7.1 Pre -construction phase compensation. A. The cost of services performed by the Architect/Engineer is computed in the Contractor's compensation, as set forth in subsection 7.1(B) below. B. The Town shall pay the Contractor $333,000.00 for services performed during the Pre -construction Phase in accordance with the Contractor's proposal, dated February 13, 2004, attached hereto and incorporated herein as a supplement to Exhibit F. If the Town and the Contractor agree upon a GMP, this Pre -construction Phase fee shall be included in the total GMP compensation. C. Compensation of Pre -construction Phase Services shall be equitably adjusted if such services extend beyond July 31, 2004, for reasons beyond the reasonable control and not the fault or partial fault of the Contractor or as provided in Section 9.1 below. For changes in Pre -construction Phase Services, compensation shall be adjusted as mutually agreed upon by the Town and the Contractor at the time of such extended services. D. Payments for Pre -construction Phase Services shall be due and payable within 30 days following approval of the Contractor's monthly invoice by the Town. Payments due the Contractor that is unpaid for more than 30 days from the due date of the invoice shall bear interest at the statutory rate. 7.2 Construction phase compensation. A. If the Town and the Contractor agree upon a GMP, the Town shall, up to the amount of the GMP established in Amendment No. 1 and as it may be adjusted under Article 9 below, compensate the Contractor for Work performed following the commencement of the Construction Phase as set forth in Article 8 below. B. The compensation to be paid under this Section 7.2 shall not exceed the GMP established in Amendment No. 1, as adjusted under Article 9 below. C. Payment for Construction Phase Services shall be according to Article 10 below. Contractor shall be compensated for pre -construction services to be provided after construction has commenced in accordance with the Scope. D. The Construction Phase Fee shall be itemized, in detail, as a part of the GMP and includes the following items, if directly related to the Work: 9196.022.01\Design-Build Agt.v3.doc 19 2-16-04-I 1. Salaries and other mandatory or customary compensation of the Contractor's employees at its principal and branch offices, except employees listed in subsection 8.2(B); 2. General and administrative expenses of the Contractor's principal and branch offices other than the field office, except as may be expressly i ncluded i n Article 8 below; 3. The Contractor's capital expenses, including interest on the Contractor's capital employed for the Work; and 4. Costs related to the Contractor's safety program. 7.3 Adjustment in the construction phase fee. Adjustment to the Construction Phase Fee shall be made as follows: A. For changes in the Work as provided in Article 9 below, the Construction Phase Fee shall be adjusted as mutually agreed by the parties, in writing, prior to commencement of any work pursuant to such changes. B. For delays in the Work not caused, in whole or in part, by the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts Contractor may be liable, there will be an equitable adjustment in the Construction Phase Fee to compensate the Contractor for increased expenses. C. If the Contractor is placed in charge of managing the replacement of an insured or uninsured loss not caused by or the fault of the Contractor or other parties identified in subsection 7.3(B) above, the Contractor shall be paid an additional fee in the same proportion that the Construction Phase Fee bears to the estimated Cost of the Work, or as otherwise agreed to by the parties. ARTICLE 8 COST OF THE WORK The Town agrees to pay the Contractor for the Cost of the Work as defined in this Article 8. This payment shall be in addition to the Construction Phase Fee stipulated in Article 7 above. However, in no event shall the Town pay the Contractor total compensation greater than the amount of the GMP established in Amendment No. 1, as it may be adjusted pursuant to Article 9 below. 8.1 Cost items for pre -construction phase services. Compensation for Pre - construction Phase Services as provided in Section 7.1 above. 8.2 Cost items for construction phase services. A. Wages paid for labor in the direct employ of the Contractor in the performance of the Work. 9196.022.01\Design-Build Agt.v3.doc 20 2-16-04-1 B. Salaries of Contractor's (i) employees when (a) stationed at the field office located at the Project site and (b) working on matters related to the Project, in whatever capacity employed, (ii) employees engaged on the road expediting the production or transportation of material and equipment and (iii) employees from the principal or branch office performing the functions listed below, if such functions are directly related to the Work. C. Cost of all employee benefits and taxes including but not limited to, unemployment compensation, Social Security, health, welfare, retirement and other fringe benefits as required by law, labor agreements, or paid under the Contractor's standard personnel policy, insofar as such costs are paid to employees of the Contractor who are included in the Cost of the Work under subsections 8.2(A) and (B) above. D. Reasonable transportation, travel and hotel expenses of the Contractor's personnel incurred in connection with the Work. E. Cost o f all materials, supplies and equipment incorporated in the Work, including costs of inspection, testing, transportation, storage and handling. F. Payments made by the Contractor to Subcontractors for work performed under this Agreement. G. Fees and expenses for design services procured by the Contractor. H. Cost, including transportation and maintenance of all materials, supplies, equipment and temporary facilities that are consumed in the performance of the Work. I. Rental charges paid by Contractor to third parties for all necessary machinery and equipment, exclusive of hand tools owned by workers, used at t he s ite o f t he Work including installation, repair and replacement, dismantling, removal, maintenance, transportation and delivery costs. Such rental charges shall be consistent with those prevailing in the Phoenix metropolitan area. J. Cost of premiums for normal and customary contractor's subcontractor default insurance at the rate not to exceed 1.5% of the cost of subcontracts and subcontractor's liability, workman's compensation and builders risk insurance as required pursuant to Article 11 below, is to be identified as a separate line item within the GMP. K. Sales, use, gross receipts or other taxes, tariffs or duties related to the Work for which the Contractor is liable. L. Permits, fees, licenses and tests. M. All costs associated with establishing, equipping, operating, maintaining and demobilizing the field office at the Project site. N. Reproduction costs, photographs, long distance telephone calls and facsimiles, data processing services, postage, express delivery charges and telephone service at the Project site. 9196.022.01\Design-Build Agt.v3.doc 21 2-16-04-1 O. All water, power and fuel costs necessary for the Work. P. Cost of removal of all non -hazardous substances, construction materials, debris and waste materials. Any costs related to the removal of Hazardous Materials shall not be part of the GMP and shall be the responsibility of the respective parties as set forth in Section 3.1 above. Q. Costs incurred due to an emergency affecting the safety of persons and/or property, excluding such costs related to the negligence or willful acts of the Contractor or any person or entity for whom the Contractor is responsible. R. All costs directly incurred in the performance of the Work or in connection with the Project, and not included in the Construction Phase Fee as set forth in Article 7 above, which are reasonably inferable from the Contract Documents as necessary to produce the intended results, subject to the maximum price limitation established by the GMP. 8.3 Discounts. All discounts for prompt payment shall accrue to the Town to the extent such payments are made directly by the Town. To the extent payments are made with funds of the Contractor, all cash discounts shall accrue to the Contractor. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment, shall be credited to the Cost of the Work. ARTICLE 9 CHANGES IN THE WORK Changes in the Work that are within the general scope of this Agreement may be accomplished by Change Order without invalidating this Agreement. 9.1 Change orders. A Change Order is a written instrument, issued after execution of this Agreement, signed by the Town and Contractor, stating their agreement upon a change and the adjustment in the GMP, compensation for Pre -construction Phase Services, the Construction Phase Fee and/or the date of Substantial Completion. Each adjustment in the GMP resulting from a Change Order shall clearly separate the amount attributable to compensation for Pre - construction Phase Services, other cost of the Work and the Construction Phase Fee. 9.2 Determination of cost. An increase or decrease in the GMP resulting from a change in the Work shall be determined by one or more of the following methods: A. Unit prices set forth in this Agreement or as subsequently agreed. B. Mutually accepted, itemized lump sum. C. Costs determined as defined in Section 7.1 and Article 8 and a mutually acceptable Construction Phase Fee as determined in subsection 7.3(A). D. If an increase or decrease cannot be agreed to as set forth in subsections 9.2(A) and (B) and the Town issues a written order for the Contractor to proceed with the 9196.022.01\Design-Build Agt.O.doc 22 2-16-04-1 change, the cost of the change in the Work shall be determined by the reasonable expense or savings of the performance of the Work resulting from the change. If there is a net increase in the GMP, the Construction Phase Fee shall be adjusted as set forth in subsection 7.3(A). In case of a net decrease in the GMP, the Construction Phase Fee shall not be adjusted. The Contractor shall maintain a documented, itemized accounting evidencing the expenses and savings. 9.3 No obligation to perform. The Contractor shall not be obligated to perform changed Work until a Change Order has been executed by the Town and the Contractor, except as provided in subsection 9.2(D) above. 9.4 Adjustment of unit prices. If a proposed Change Order alters original quantities to a degree that application of previously agreed to unit prices would be inequitable to either the Town or the Contractor, the unit prices and the GMP shall be equitably adjusted. 9.5 Unknown conditions. If, in the performance of the Work, the Contractor finds latent, concealed or subsurface physical conditions which (i) differ from the conditions the Contractor should have reasonably anticipated, (ii) differ substantially from available soils reports or (iii) differ substantially and materially from those normally encountered and generally recognized as inherent in the kind of work provided for in this Agreement at this location, then the GMP compensation for Pre -construction Phase Services, the Construction Phase Fee, and/or the date of Substantial Completion may be equitably adjusted by Change Order only if the Contractor notifies the Town within ten days after the conditions are first observed. 9.6 Claims for additional cost or time. For any claim for an increase in the GMP, compensation for Pre -construction Phase Services, the Construction Phase Fee and/or an extension in the date of Substantial Completion, the Contractor shall give the Town written notice of the claim within ten days after the occurrence giving rise to the claim or within ten days after the Contractor first recognized, or should have recognized through the exercise of reasonable diligence, the condition giving rise t o t he c laim, w hichever i s l ater. E xcept i n an emergency, notice shall be given before proceeding with the Work affected by the claimed changed condition. Claims for design and estimating costs incurred in connection with possible changes requested by the Town, but which are not implemented, shall be made within ten days after the decision is made not to proceed. Any change in the GMP, compensation for Pre - construction Phase Services, the Construction Phase Fee, and/or date of Substantial Completion resulting from such claim shall be authorized by Change Order. 9.7 Emergencies. In any emergency affecting the safety of persons and/or property, the Contractor shall act, at its discretion, to prevent threatened damage, injury or loss. Any change in the GMP, compensation for Pre -construction Phase Services, the Construction Phase Fee and/or extension of the date of Substantial Completion on account of emergency work shall be determined as provided in this Agreement. 9196.022.OI\Design-Build Agt.v3.doc 23 2-16-04-1 ARTICLE 10 PAYMENT FOR CONSTRUCTION PHASE SERVICES 10.1 Progress payments. A. On the last day of each month after the Construction Phase has commenced, the Contractor shall submit to the Town an Application for Payment consisting of the Cost of the Work performed up to the end of that month, including the cost of material stored on the site or at other locations approved by the Town, along with a proportionate share of the Construction Phase Fee. Prior to submission of the next Application for Payment, the Contractor shall make available at the request of the Town a statement accounting for the disbursement of funds received under the previous application for purposes of audit. The extent of such statement shall be as agreed upon between the Town and Contractor. B. Within seven days after approval of each monthly Application for Payment, the Town shall pay directly to the contractor the appropriate amount for which Application for Payment is made, less amounts (i) previously paid by the Town, (ii) sufficient to pay expenses the Town reasonably expects to incur in correcting deficiencies which are set forth in writing and provided to the Contractor and (iii) any retainage as set forth in Section 10.2 below. C. The Contractor warrants and guarantees the title to all Work, materials and equipment covered by an Application for Payment, whether incorporated in the Project or not, will pass to the Town upon receipt of such payment by the Contractor free and clear of all liens, claims, security interests or encumbrances, hereinafter referred to as "liens." D. The Town's progress payment, occupancy or use of the Project, whether in whole or in part, shall not be deemed as acceptance of any Work not conforming to the requirements of this Agreement or the Contract Documents. E. Upon Substantial Completion of the Work, the Town shall pay the Contractor the unpaid balance of the Cost of the Work, compensation for Pre -construction Phase Services and the Construction Phase Fee, less a sum equal to the Contractor's estimated cost of completing any unfinished items as agreed to between the Town and the Contractor as to extent and time for completion. The Town thereafter shall pay the Contractor monthly the amount retained for unfinished items as each item is completed. 10.2 Retainage. A. With respect to the Contractor's Fee, gross receipts tax, premiums for bonds and insurance and payment for Pre -construction Services, no retainage shall be withheld. B. With respect to t he W ork, t he T own s hall r etain 10% o f t he a mount o f each estimate until Final Completion and acceptance of all material, equipment and work covered by the Contract Documents. 9196.022.OhNsign-Build Agt.v3.doc 24 2-16-04-1 1. Any securities submitted by Contractor in lieu of retainage as may be allowed by law, shall be deposited in an escrow account by the Town. The Town shall .. be listed as Payee or Multiple Payee with Contractor on all such securities 2. When the Work is 50% completed, one-half of the amount retained including any securities substituted pursuant to paragraph 10.2(A)(1) shall be paid to the Contractor on the Contractor's request provided the Contractor is making satisfactory progress on the Work and there is no specific cause or claim requiring a greater amount to be retained. After the construction Work is 50% completed, no more than 5% of the amount of any subsequent progress payments made under the Contract Documents may be retained providing the Contractor is making satisfactory progress on the Project. Except that if at any time the Town determines satisfactory progress is not being made, 10% retention shall be reinstated for all progress payments made under the Contract Documents after the determination. 10.3 Payment for on -site and off -site stored materials. Payment shall be made on account of materials and equipment delivered and suitably stored at the Project site for subsequent incorporation in the Work. Payment may similarly be made for materials and equipment suitably stored off the Project site, conditioned upon the Contractor furnishing evidence to the Owner that (i) title to the materials and equipment will pass to the Town upon payment therefore, (ii) the materials and equipment are adequately insured and (iii) such other matters as the Town may reasonably request in order to protect its interests. 10.4 Title to construction work. The Contractor warrants that title to all Work covered by an Application for Payment shall pass to the Town no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment, all Work for which Applications for Payment have been previously issued and payments received from the Town shall be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. 10.5 Substantial completion. When the Contractor considers that the Work is Substantially Complete, the Contractor shall prepare and submit to the Town a comprehensive list of punch list items, which the Town may edit and supplement. The Contractor shall proceed promptly to complete and correct punch list items. Failure to include an item on the punch list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Upon receipt of the punch list, the Town will make an inspection to determine whether Substantial Completion has occurred and if so, a certificate of Substantial Completion shall be issued stating the date of Substantial Completion. The Town and the Contractor shall execute the Certificate of Substantial Completion. If the Town and the Contractor cannot agree as to the appropriate date of Substantial Completion, such issue shall be submitted for dispute resolution in accordance with the procedures set forth in Article 13 below. Notwithstanding such disagreement, the Contractor shall diligently proceed with completion of the punch list items. Warranties required by the Contract Documents shall commence on the date of Substantial Completion or designated portion thereof unless otherwise provided in the Contract Documents. 9196.022.01\Design-Build Agt.v3.doc 2-16-04-1 2 5 10.6 Final payment. A. Final payment, consisting of the unpaid balance of (i) the Cost of the Work and (ii) the Construction Phase Fee, shall be due and payable when the Work is fully completed and accepted by the Town. Before issuance of final payment, the Town may request satisfactory evidence that all payrolls, materials bills and other indebtedness connected with the Work have been paid or otherwise satisfied. B. In making final payment the Town waives all claims except for: 1. Outstanding liens; 2. Improper workmanship or defective materials; 3. Work n of i n c onformance w ith t he C ontract D ocuments o r work not completed; 4. Terms of any special warranties required by the Contract Documents; 5. Delivery to Town of all warranties, operation and maintenance manuals, record drawings and other documents as required by the Contract Documents. 6. Right to audit Contractor records for a period of five years; and 7. Claims previously made in writing and which remain unsettled. C. Acceptance of final payment by the Contractor shall constitute a waiver of affirmative claims by the Contractor, except those previously made in writing and identified as unsettled at the time of final payment. ARTICLE 11 INSURANCE AND BONDS 11.1 Insurance representations and requirements. A. General: 1. Insurer Qualifications: Without limiting any obligations or liabilities of Contractor, Contractor shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies duly licensed by the State of Arizona 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. 2. No Representation of Coverage Adequacy: By requiring insurance herein, the Town does not represent that coverage and limits will be adequate to protect Contractor. The Town reserves the right to review any and all of the insurance policies 9196.022.01kDaign-Build Agt.v3.doc 26 2-16-04-1 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 Contractor from, nor be construed or deemed a waiver of, i is o bligation to in aintain the required insurance at all times during the performance of this Agreement. 3. Additional Insured: All insurance coverage and self insured retention or deductible portions, 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 the work included in 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. 4. Coverage Term: All insurance required herein shall be maintained in full force and effect until all work or services required to be performed under the terms of this Agreement are satisfactorily performed, completed and formally accepted by the Town, unless specified otherwise in this Agreement. 5. Primary Insurance: Contractor's insurance shall be primary insurance with respect to performance of the Work included in this Agreement and in the protection of Town as an Additional Insured. 6. Claims Made: In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend, either by keeping �w coverage in force or purchasing an extended reporting option, for three years past completion and acceptance of the Work or Services. Such continuing coverage shall be evidenced by submission of annual Certificates of Insurance citing applicable coverage is in force and contains the provisions as required herein for the three-year period. 7. Waiver: All policies, including Workers' Compensation insurance, shall contain a waiver of rights of recovery (subrogation) against the Town, its agents, representatives, officials, officers and employees for any claims arising out of the work or services of Contractor. Contractor shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto. 8. Policy Deductibles and or Self Insured Retentions: T he 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 Town. Contractor shall be solely responsible for any such deductible or self -insured retention amount. The Town, at its option, may require Contractor to secure payment of such deductible or self -insured retention by a surety bond or irrevocable and unconditional letter of credit. 9. Use of Subcontractors: If any work under this Agreement is subcontracted in any way, Contractor shall execute written agreement with Subcontractor containing the indemnification provisions set forth in Section 11.2 below and insurance requirements set forth herein protecting the Town and Contractor. At Contractor's option and at Contractor's risk, Contractor may, subject to the Town's prior, written approval, 9196.022.01\Design-Build Ag[.v3.doe 27 2-16-04-1 which approval shall not be unreasonably withheld, allow subcontractors to deviate from these insurance requirements due to insurance market availability or affordability issues. �Wl Contractor shall be responsible for executing the agreement with Subcontractor and obtaining certificates of insurance verifying the insurance requirements. 10. Evidence of Insurance: Prior to commencing any work or services under this Agreement, Contractor shall furnish the Town with certificate(s) of insurance, or formal endorsements as required by this Agreement, issued by Contractor's 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. If a certificate of insurance is submitted as verification of coverage, the Town shall reasonably rely upon the certificate of insurance 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. Such certificates shall identify the Agreement work number and be sent to the Architect/Engineer. If any of the above -cited policies expire during the life of this Agreement, it shall be Contractor's responsibility to forward renewal certificates within ten days after the renewal date containing all the aforementioned insurance provisions. Additionally certificates of insurance submitted without referencing a Agreement number will be subject to rejection and returned or discarded. Certificates of insurance shall specifically include the following provisions: a. The Town, its agents, representatives, officers, directors, officials and employees are Additional Insureds as follows: (i) Commercial General Liability - Under Insurance Services Office, Inc., ("ISO") Form CG 20 10 11 85 or equivalent. (ii) Auto Liability - Under ISO Form CA 20 48 or equivalent. (iii) Excess Liability - Follow Form to underlying insurance. b. Contractor's insurance shall be primary insurance as respects performance of the work included in this Agreement. C. All policies, including Workers' Compensation, waive rights of recovery (subrogation) against the Town, its agents, representatives, officers, officials and employees for any claims arising out of work or services performed by Contractor under this Agreement. d. A 30-day advance notice cancellation provision. If ACORD certificate of insurance form 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 b e d eleted. C ertificate f orms o ther than ACORD form shall have similar restrictive language deleted. 9196.022.01\Design-Build Agt.v3.doc 2-16-04-1 2 8 B. Required Insurance Coverage: 1. Commercial General Liability: Contractor shall maintain "occurrence" form Commercial General Liability insurance with an unimpaired limit of not less than $5,000,000 for each occurrence, $5,000,000 Products and Completed Operations Annual Aggregate and a $ 5,000,000 G eneral A ggregate L imit. T he p olicy shall cover liability arising from premises, operations, independent contractors, products - completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not limited to, separation of insured's clause. To the fullest extent allowed by law, for claims arising out of the performance of this 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 H) 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 paragraph, such Excess insurance shall be "follow form" equal or broader in coverage scope than underlying insurance. 2. Professional Liability: If this Agreement is the subject of any professional services or work, or i f Contractor engages in any professional services or work adjunct or residual to performing the work under this Agreement, Contractor shall maintain Professional Liability insurance covering negligent errors and omissions arising out of the work or services performed by Contractor, or anyone employed by Contractor, or anyone for whose negligent acts, mistakes, errors and omissions Contractor is legally liable, with an unimpaired liability insurance limit of $5,000,000 each claim and $5,000,000 all claims. In the event the Professional Liability insurance policy is written on a "claims made" basis, coverage shall extend for three years past completion and acceptance of the work or services, and Contractor shall be required to submit certificates of insurance evidencing proper coverage is in effect as required above. 3. Vehicle Liability: Contractor shall maintain Business Automobile Liability insurance with a limit of $5,000,000 each occurrence on Contractor's owned, hired and non -owned vehicles assigned to or used in the performance of the Contractor's work or services under this 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 paragraph, such Excess insurance shall be "follow form" equal or broader in coverage scope then underlying insurance. 4. Workers' Compensation Insurance: Contractor shall maintain Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor's employees engaged in the performance of 9196.022.01\Design-Build Agt.v3.doc 2-16-04-1 29 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. 5. Builder's Risk Insurance: The Contractor shall be responsible for purchasing and maintaining insurance to protect the Project from perils of physical loss. The insurance shall provide for the full cost of replacement for the entire Project at the time of any loss. The insurance shall include as named insureds the Town, the Contractor, the Contractor's subcontractors and subsubcontractors and shall insure against loss from the perils of fire and all-risk coverage for physical loss or damage due to theft, vandalism, collapse, malicious mischief, transit, flood, earthquake, testing, resulting loss arising from defective design, negligent workmanship or defective material. The Contractor shall increase the coverage limits as necessary to reflect changes in the estimated replacement cost. C. Cancellation and Expiration Notice: Insurance required herein shall not expire, be canceled, or materially changed without 30 days' prior written notice to the Town. 11.2 Indemnity. To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the Town, its agents, representatives, officers, directors, officials and employees by, from and against all claims, damages, losses and expenses (including but not limited to attorney fees, court costs and the cost of appellate proceedings) relating to, arising out of, or alleged to have resulted from the negligent or intentional acts, errors, mistakes, omissions, work o r s ervices o f t he Contractor, its employees, agents, or any tier of subcontractors in the performance of this Agreement. Contractor's duty to defend, hold harmless and indemnify the Town, its agents, representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment or destruction of tangible real or personal property, including 1 oss o f u se resulting therefrom, to the extent caused by any negligent or intentional acts, errors, mistakes, omissions, work or services in the performance of the work included in this Agreement of any employee of the Contractor or any tier of subcontractor or any other person for whose negligent or intentional acts, errors, mistakes, omissions, work or services the Contractor may be legally liable. 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 paragraph. 11.3 Performance and payment bonds. A. After the Town and the Contractor have agreed to a GMP but prior to commencing the Construction Phase, the Contractor shall be required to furnish the Town with an irrevocable security binding the Contractor to provide faithful performance of the Agreement in t he a mount o f 100% o f t he p ercentage o f t he G MP a ttributable t o the Construction Phase, payable to the Town. Performance security shall be in the form of a performance bond, certified check or cashier's check. If the Contractor fails to execute the security document as required, the Contractor may be found in material default and the Agreement, permitting the Town to terminate this Agreement. In case of default the Town reserves all rights. All performance bonds shall be executed on the form attached hereto as Exhibit G, duly executed by the Contractor as Principal and having as Surety thereon a Surety company approved by the Town and holding a Certificate of Authority issued by the Arizona Department of Insurance to transact surety business in the State of Arizona. Individual sureties are unacceptable. All Insurers and 9196.022.01\1)esign-Build Agt.v3.doc 30 2-16-04-1 Sureties shall have at the time of submission of the proposal and A.M. Best's Key Rating Guide of "A-" or better as currently listed in the most recent Best Key Guide, published by the A.M. Best Company. B. After the Town and the Contractor have agreed to a GMP but prior to commencing the Construction Phase, the Contractor shall be required to furnish the Town with an irrevocable security for the protection of all persons supplying labor and material to the Contractor or any subcontractor for the performance of any work related to the Agreement. Payment security shall be in the amount of 100% of the portion of the GMP attributable to the Construction Phase and be p ayable t o t he T own. P ayment s ecurity s hall b e i n t he f orm o f a payment bond, certified check or cashier's check. All payment bonds shall be executed on a the form attached hereto as Exhibit H, duly executed by the Contractor as Principal and having as Surety thereon a Surety company approved by the Town and holding a Certificate of Authority issued by the Arizona Department of Insurance to transact surety business in the State of Arizona. Individual sureties are unacceptable. All Insurers and Sureties shall have at the time of submission o f t he p roposal a nd A.M. B est's K ey R ating G uide o f "A-" o r better as currently listed in the most recent Best Key Guide, published by the A.M. Best Company. ARTICLE 12 TERMINATION OF THE AGREEMENT AND TOWN'S RIGHT TO PERFORM CONTRACTOR'S RESPONSIBILITIES 12.1 Termination by the Contractor. A. Upon 30 days' written notice to the Town, and if the Town fails to cure or initiate reasonable action to cure within 30 days of said notice, the Contractor may terminate this Agreement for any of the following reasons: If the Work has been stopped for a 60-day period: a. Under court order or order of other governmental authorities having jurisdiction; or b. As a result of the declaration of a national emergency or other governmental act during which, through no act or fault of the Contractor, materials are not available; the Work; or 2. If the Work is suspended by the Town for 60 days; 3. If the Town materially delays the Contractor in the performance of 4. If the Town otherwise materially breaches this Agreement. B. Upon termination by the Contractor in accordance with subsection 12.1(A) above, the Contractor shall be entitled to recover from the Town payment for all Work executed to the date of termination plus demobilization costs, subcontract and purchase order termination costs, reasonable overhead, extended general conditions and profit on the work performed. The 9196.022.OlUksign-Build Agt. vldoc 31 2-16-04-I Town may subtract reasonable estimates of costs for deficient work from the payments noted above. 12.2 Termination by the Town for cause. A. If the Contractor refuses or fails, except in cases for which extension of time is provided, to supply sufficient properly skilled staff or proper materials, or disregards laws, ordinances, rules, regulations, or orders of any public authority jurisdiction, or otherwise substantially violates or materially breaches any term or provision of this Agreement, and such nonperformance or violation continues without cure for 15 days after the Contractor receives written notice of such nonperformance or violation from the Town, then the Town may, without prejudice to any right or remedy otherwise available to the Town, terminate this Agreement. B. Upon termination of this Agreement by the Town, the Town shall be entitled to furnish or have furnished the services to be performed hereunder by the Contractor by whatever method the Town may deem expedient. Also, in such case, the Contractor shall not be entitled to receive any further payment until completion of the Work and the total compensation to the Contractor under this Agreement shall be the amount that is equitable under the circumstances. If the Town and the Contractor are unable to agree on the amount to be paid under the foregoing sentence, the Town shall fix an amount, if any, that it deems appropriate in consideration of all of the circumstances surrounding such termination, and shall make payment accordingly. The Contractor may dispute the Town's assessment of the termination amount by any method of dispute resolution permitted under this Agreement. C. Upon the appointment of a receiver for the Contractor, or if the Contractor makes a general assignment for the benefit of creditors, the Town may terminate this Agreement, without prejudice to any right or remedy otherwise available to the Town, upon giving three working days' written notice to the Contractor. If an order for relief is entered under the bankruptcy code with respect to the Contractor, the Town may terminate this Agreement by giving three working days' written notice to the Contractor unless the Contractor or the trustee: Promptly cures all breaches within such three-day period; 2. Provides adequate assurances of future performance; 3. Compensates the Town for actual pecuniary loss resulting from such breaches; and 4. Assumes the obligations of the C ontractor within the established time limits. 12.3 Termination by the Town for convenience. The Town may, upon 30 days' written notice to the Contractor, terminate this Agreement, in whole or in part, for the convenience of the Town, without prejudice to any right or remedy otherwise available to the Town. Upon receipt of such notice, the Contractor shall immediately discontinue all services affected unless such notice directs otherwise. In the event of a termination for convenience of the Town, the Contractor's sole and exclusive right and remedy shall be to be paid for all work performed and to receive equitable adjustment for all Work performed through the date of 9196.022.01UDesign-Build Agt.v3.doc 32 2-16-04-1 termination. The Contractor shall not be entitled to be paid any amount as profit for unperformed services or consideration for the termination of convenience by the Town. 12.4 Suspension by the Town for convenience. A. The Town may order the Contractor in writing to suspend, delay or interrupt all or any part of the Work without cause for such period of time as the Town may determine to be appropriate for its convenience but not in abrogation of the rights given Contractor in Section 12.1 above. B. Adjustments caused by suspension, delay or interruption shall be made for increases in the GMP, compensation for Pre -construction Phase Services, the Construction Phase Fee and/or the date of Substantial Completion. No adjustment shall be made if the Contractor is or otherwise would have been responsible for the suspension, delay or interruption of the Work, or if another provision of this Agreement is applied to render an equitable adjustment. ARTICLE 13 ALTERNATIVE DISPUTE RESOLUTION 13.1 Scope. Notwithstanding anything to the contrary provided elsewhere in the Contract Documents, except for subsection 13.4(G) below, the alternative dispute resolution ("ADR") process provided for herein shall be the exclusive means for resolution of claims or disputes arising under, relating to or touching upon the Agreement, the interpretation thereof or the performance or breach by any party thereto, including but not limited to original claims or disputes asserted as cross claims, counterclaims, third party claims or claims for indemnity or subrogation, in any threatened or ongoing litigation or arbitration with third parties, if such disputes involve parties to contracts containing this ADR provision. 13.2 Neutral evaluator, arbitrators. The Town will select a Neutral Evaluator to serve as set forth in this ADR process. The Town and Contractor shall each select an arbitrator to serve as set forth in this ADR process. Each arbitrator selected shall be a member of the State Bar of the State of Arizona and shall have experience in the field of construction law. None of the arbitrators nor any of the arbitrator's firms shall have presently, or in the past, represented any party to the arbitration. 13.3 Neutral evaluation process. If the parties have been unable to resolve the disputes after discussions and partnering, the following neutral evaluation process shall be used to resolve any such dispute. A. Notification of Dispute. The Town shall notify the Neutral Evaluator in writing of the existence of a dispute within ten days of the Town or the Contractor declaring need to commence the neutral evaluation process. B. Non -Binding Informal Hearing. T he Neutral Evaluator shall schedule a non -binding informal hearing of the matter to be held within seven calendar days from receipt of notification of the existence of a dispute. The Neutral Evaluator may conduct the hearing in such .. manner as he deems appropriate and shall notify each party of the hearing and of its opportunity to present evidence they believe will resolve the dispute. Each party to the dispute shall be 9196.022.01\Design-Build Agt.v3. doc 3 3 2-16-04-1 notified by the Neutral Evaluator that they shall submit a written outline of the issues and evidence intended to be introduced at the hearing and their proposed resolution of the dispute to the Neutral Evaluator before the hearing commences. Arbitrators shall not participate in such informal hearing or proceedings process. The Neutral Evaluator is not bound by the rules of evidence when admitting evidence in the hearing and may limit the length of the hearing, the number of witnesses or any evidence introduced to the extent deemed relevant and efficient. C. Non -Binding Decision. The Neutral Evaluator shall render a non -binding written decision as soon as possible, but not later than five calendar days after the hearing. 13.4 Binding arbitration procedure. The following binding arbitration procedure, except as provided in subsection 13.4(G) below, shall serve as the exclusive method to resolve a dispute if any party chooses not to accept the decision of the Neutral Evaluator. The party requesting binding arbitration shall notify the Neutral Evaluator in writing within three Working Days of receipt of the Neutral Evaluator's decision of a request for arbitration. If the Contractor requests arbitration i t s hall p ost a c ash b and w ith t he N eutral E valuator i n a n a mount a greed upon by the parties or, in the event of no agreement, the Neutral Evaluator shall establish the amount of the cash bond to defray the cost of the arbitration as set forth in subsection 13.4(M) and the proceeds from the bond shall be allocated in accordance with subsection 13.4(M) by the Arbitration Panel. A. Arbitration Panel. The Arbitration Panel shall consist of three arbitrators: the Town's appointed arbitrator, the Contractor's appointed arbitrator and a third arbitrator (or "Neutral Arbitrator") who shall be selected by the parties' arbitrators as set forth in subsection 13.4(B). If more than one consultant or contractor is involved in a dispute, the consultants and/or contractors shall agree on an appointee to serve as arbitrator. The Neutral Evaluator shall not participate in the proceedings. B. Selection of Neutral Arbitrator. The parties' arbitrators shall choose the Neutral Arbitrator, within five business days of receipt of notification of a dispute from the Neutral Evaluator. The Neutral Arbitrator shall have the same qualifications as those of the arbitrators set forth in Section 13.2. In the event that the selected arbitrators cannot agree on the Neutral Arbitrator as set forth above, the Neutral Arbitrator shall be the Default Neutral Arbitrator, a person or entity jointly selected by the Town and the Contractor within 30 days of Town and Contractor reaching agreement upon the GMP. If the Town and the Contractor cannot agree on a Default Neutral Arbitrator, the Town and the Contractor shall each submit two names to Judge Eino Jacobson who shall select one person. C. Expedited Hearing. T he parties have structured this procedure with the goal of providing for the prompt, efficient and final resolution of all disputes falling within the purview of this ADR process. To that end, any party can petition the Neutral Evaluator to set an expedited hearing. If the Neutral Evaluator determines that the circumstances justify it, the Neutral Evaluator shall contact the selected Arbitration Panel and arrange for scheduling of the arbitration at the earliest possible date. In any event, the hearing of any dispute not expedited will commence as soon as practical but in no event later than 20 calendar days after notification of request for arbitration having been submitted. This deadline can be extended only with the consent of all the parties to the dispute, or by decision of the Arbitration Panel upon a showing of emergency circumstances. 9196.022.011Design-Build Ag[.v3.doc 34 2-16-04-I D. Procedure. The Arbitration Panel will select a chairman and will conduct the hearing in such a manner that will resolve disputes in a prompt, cost efficient manner giving regard to the rights of all parties. Each party shall supply to the Arbitration Panel a written pre - hearing statement which shall contain a brief statement of the nature of the claim or defense, a list of witnesses and exhibits, a brief description of the subject matter of the testimony of each witness who will be called to testify, and an estimate as to the length of time that will be required for the arbitration hearing. The Arbitration Panel shall review and consider the Neutral Evaluator decision. The chairman shall determine the nature and scope of discovery, if any, and the manner of presentation of relevant evidence consistent with deadlines provided herein, and the parties' objective that disputes be resolved in a prompt and efficient manner. No discovery may be had of any materials or information for which a privilege is recognized by Arizona law. The chairman upon proper application shall issue such orders as may be necessary and permissible under law to protect confidential, proprietary or sensitive materials or information from public disclosure or other misuse. Any party may make application to the Maricopa County Superior Court to have a protective order entered as may be appropriate to confirm such orders of the chairman. E. Hearing Days. In order to effectuate parties' goals, the hearing once commenced, will proceed from working day to working day until concluded, absent a showing of emergency circumstances. F. Award. The Arbitration Panel shall, within ten calendar days from the conclusion of any hearing, by majority vote, issue its award. The award shall include an allocation of fees and costs pursuant to subsection 13.4(M) herein. The award is to be rendered in accordance with this Agreement and the laws of the State of Arizona. G. Scope of Award. The Arbitration Panel shall be without authority to award punitive damages, and any such punitive damage award shall be void. The Arbitration Panel shall be without any authority to issue an award against any individual party in excess of 20% of the original Agreement amount, but in no event shall any award exceed $2,000,000, exclusive of interest, arbitration fees, costs and attorneys' fees. If an award is made against any individual party in excess of $100,000, exclusive of interest, arbitration fees, costs and attorneys' fees, it must be supported by written findings of fact, conclusions of law and a statement as to how damages were calculated. Any claim in excess of 20% of the original Agreement amount or in excess $2,000,000 shall be subject to the jurisdiction of the Superior Court of Arizona, Maricopa County. Any party can contest the validity of the amount claimed if an action is filed in the Superior Court. H. Jurisdiction. The Arbitration Panel shall not be bound for jurisdictional purposes by the amount asserted in any party's claim, but shall conduct a preliminary hearing into the question of jurisdiction upon application of any party at the earliest convenient time, but not later than the commencement of the arbitration hearing. I. Entry of Judgment. Any party can make application to the Maricopa County Superior Court for confirmation of an award, and for entry of judgment on it. 9196.022.01\Design-Build Agt.vldoc 35 2-16-04-1 J. Severance and Joinder. To reduce the possibility of inconsistent adjudications, the Neutral Evaluator or the Arbitration Panel, may: (i) at the request of any party, join and/or sever parties, and/or claims arising under other contracts containing this ADR provision, and (ii) the Neutral Evaluator, on his own authority, or the Arbitration Panel may, on its own authority, join or sever parties and/or claims subject to this ADR process as they deem necessary for a just resolution of the dispute, consistent with the parties' goal of the prompt and efficient resolution of disputes; provided, however, that the Contractor, Architect and Project Professionals shall not be joined as a party to any claim made by a Contractor. Nothing herein shall create the right by any party to assert claims against another party not germane to the Agreement or not recognized under the substantive law applicable to the dispute. Neither the Neutral Evaluator nor the Arbitration Panel is authorized to join to the proceeding parties not in privity with the Town. Contractor can not be joined to any pending arbitration proceeding, without Contractor's express written consent, unless Contractor is given the opportunity to participate in the selection of the non -Town appointed arbitrator. K. Appeal. Any party may appeal (i) errors of law by the Arbitration Panel if, but only if, the errors arise in an award in excess of $100,000, (ii) the exercise by the chairman or Arbitration Panel of any powers contrary to or inconsistent with the Agreement or (iii) on the basis of any of the grounds provided in Aiuz. REv. STAT. § 12-1512. Appeals shall be to the Maricopa County Superior Court within 15 calendar days of entry of the award. The standard o f r eview i n s uch c ases shall be that applicable to the consideration of a motion for judgment notwithstanding the verdict, and the Maricopa County Superior Court shall have the authority to confirm, vacate, modify or remand an award appealed under this section, but not to conduct a trial, entertain the introduction of new evidence or conduct a hearing de novo. L. Uniform Arbitration Act. E xcept as otherwise provided herein, binding arbitration pursued under this provision shall be governed by the Uniform Arbitration Act as codified in Arizona in ARiz. REv. STAT. § 12-1501, et seq. M. Fees and Costs. Each party shall bear its own fees and costs in connection with any informal hearing before the Neutral Evaluator. All fees and costs associated with any arbitration before the Arbitration Panel, including without limitation the Arbitration Panelists' fee, and the prevailing party's reasonable attorneys' fees, expert witness fees and costs, will be paid by the non -prevailing party, except as provided for herein. In no event shall any Arbitrator's hourly fees be awarded in an amount in excess of $200 per hour and (i) costs shall not include any travel expenses in excess of mileage at the rate paid by the Town, not to exceed a one way trip of 150 miles, and (ii) all travel expenses, including meals, shall be reimbursed pursuant to the travel policy of the Town in effect at the time of the hearing. The determination of prevailing and non -prevailing parties, and the appropriate allocation of fees and costs, will be included in the award by the Arbitration Panel. Fees for the Neutral Evaluator shall be paid by the Town. N. Confidentiality. Any proceeding initiated under ADR shall be deemed confidential to the maximum extent allowed by Arizona law and no party shall, except for disclosures to a party's attorneys or accountants, make any disclosure related to the disputed matter or to the outcome of any proceeding except to the extent required by law, or to seek interim equitable relief, or to enforce an agreement reached by the parties or an award made hereunder. 9196.022.010csign-Build Agt.v3.doc 3 6 2-16-04-1 O. Equitable Liti atgion. Notwithstanding any other provision of ADR to the contrary, any party can petition the Maricopa County Superior Court for interim equitable relief as necessary to preserve the status quo and prevent immediate and irreparable harm to a party or to the Program pending resolution of a dispute pursuant to ADR provided herein. No court may order any permanent injunctive relief except as may be necessary to enforce an order entered by the Arbitration Panel. The fees and costs incurred in connection with any such equitable proceeding shall be determined and assessed in ADR. P. Change Order. Any award in favor of the Contractor against the Town or in favor of the Town against the Contractor shall be reduced to a Change Order and executed by the parties in accordance with the award and the provisions of this Agreement. Q. Merger and Bar. Any claim asserted pursuant to this ADR process shall be deemed to include all claims, demands, and requests for compensation for costs and losses or other relief, including the extension of the Agreement performance period which reasonably should or could have been brought against any party that was or could have been brought into this ADR process, with respect to the subject claim. T he Arbitration P anel s hall apply 1 egal principles commonly known as merger and bar to deny any claim or claims against any party regarding which claim or claims recovery has been sought or should have been sought in a previously adjudicated claim for an alleged cost, loss, breach, error, or omission. R. Inclusion in Other Contracts. The Contractor shall cooperate with the Town in efforts to include this ADR provision in all other project contracts. Subject to Contractor's reasonable agreement, the Contractor agrees that any modification to this ADR provision that is included in the construction or other contracts shall also apply to the Contractor. It is the intent of the parties that any changes to this ADR provision in later contracts will be evolutionary and designed to incorporate the terms of this ADR provision without material changes to the substance or procedure of this ADR provision. ARTICLE 14 MISCELLANEOUS PROVISIONS 14.1 Assignment. i ent. Neither the Town nor the Contractor shall assign its interest in this Agreement without the written consent of the other, except as to the assignment of proceeds. 14.2 Governing law. This Agreement shall be governed by the laws of the State of Arizona and venue shall be in Maricopa County. 14.3 Severability. The partial or complete invalidity of any one or more provisions of this Agreement shall not affect the validity or continuing force and effect of any other provision. 14.4 No waiver of performance. The failure of either p arty t o i nsist, i n a ny o ne o r more instances, on the performance of any of the terms, covenants or conditions of this Agreement, or to exercise any of its rights, shall not be construed as a waiver or relinquishment of such term, covenant, condition right with respect to further performance. 9196.022.01\Design-Build Agt.vldoc �7 2-16-04-1 14.5 Headings. The headings given to any of the provisions of this Agreement are for ease of reference only and shall not be relied upon or cited for any other purpose. 14.6 Asbestos free materials. The Project is to be constructed by the Contractor with asbestos free materials. A written, notarized statement on company letterhead is to be submitted to the Town by Contractor with the final payment request certifying that the Contractor has incorporated no asbestos material into the Project. Final payment shall be withheld until such statement is submitted. Contractor hereby agrees that if materials containing asbestos are subsequently discovered at any future time to have been included in the construction done by the Contractor or any of it's subcontractors or agents and were not specified in the design or required by the contract document, Contractor shall be liable for all costs related to the abatement of such asbestos and damages or claims against the Town not withstanding any statute of limitations or other legal bar to any claim by the Town. 14.7 Extent of agreement. This Agreement (i) is solely for the benefit of the parties, (ii) represents the entire and integrated agreement between the parties and (iii) supersedes all prior negotiations, representations or agreements, either written or oral. In the event the terms of this Agreement contradict or conflict with any other agreement, written or oral, the terms of this Agreement shall govern. 14.8 Notices and requests. Any notice or other communication required or permitted to b e g iven u nder t his A greement s hall b e i n w riting a nd s hall b e d eemed t o h ave 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, (iii) given to a recognized and reputable overnight delivery service, to the address set forth below or (iv) delivered by facsimile transmission to the number set forth below: If to the Town: Town of Fountain Hills P.O. Box 17958 Fountain Hills, AZ 85269 Facsimile: 480-837-3145 Attn: Timothy G. Pickering, Town Manager With copy to: JORDEN, BISCHOFF, MCGUIRE & ROSE, P.L.C. 7272 E. Indian School Rd., Suite 205 Scottsdale, Arizona 85251 Facsimile: 480-505-3901 Attn: Andrew J. McGuire, Esq. If to the Contractor: Holder Construction Group, L.L.C. 4222 E. Thomas Road, Suite 230 Phoenix, Arizona 85018 Facsimile: 602-224-5202 Attn: John P. Redmond 9196.022.010esign-Build Agt.v3.doc '} 2-16-04-1 _7 8 With a copy to: Holder Construction Group, L.L.C. 3333 Riverwood Parkway, Suite 400 �,.. Atlanta, Georgia 30339 Facsimile: 770-988-3205 Attn: David W. Miller, President and C.O.O. or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this Section. Notices shall be deemed received (i) when delivered to the party, (ii) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage, (iii) the following business day after being given t o a r ecognized o vernight d elivery s ervice, w ith the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day, or (iv) when received by facsimile transmission during the normal business hours of the recipient. 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. 14.9 Cancellation. This Agreement may be cancelled by the Town pursuant to ARIZ. REv. STAT. § 38-511. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first written above. "Town" "Cont ac qr" TOWNVFrOP=HILLS, an Arizona Holder Construction rou L.C. municia G�ogia lip°ited li ilitya� pany, d/b/a Holdei Conslructio i o r � By: By: W. J. ichols Mayor d Miller Presi ent and Chief Operating Officer ATTEST: Bevelyn J. nde Town Clerk 9196.022.01 \Design -Build Agi. v1doc 39 2-16-04-1 ( ACKNOWLEDGMENTS) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) This instrument was acknowledged before me on 2�L 1 u/ ( 2 , 2004, by W. J. Nichols, the Mayor of the Town of Fountain Hills, an Arizona municipal corporation, on behalf of the To«m of Fountain Hills. Public in and for the State of Arizona My Commission Expires: / &elo-5- STATE OF )Ss. COUTN TY OF ) f OFFICIAL SEAL A SUSAN GRIGGS 2 Notary Public • State of Arizona MARICOPA COUNTY My comm. expires Jan. 28, 2005 Notary This instrument was acknowledged before me on 2004, by David W. Miller, the President and Chief Operating Officer of Holder Construction Group, L.L.C., a Georgia limited liability company dlb/a Holder Construction Company, on behalf of Holder Construction Group. ' Notary Public in and tor the State of 5 My Commission Expires: Notary Public, Bartow County, Georgia My_QD MissIo� expires March 4, 2006 S,%cll.c i $ U :-,ec. EXHIBIT A-1 [Amendment No. 1 ] See following pages 9196.022.01\Design-Build Agt.v3.doe 41 2-16-04-1 To be inserted at time of GMP �. [Contractor's Guaranteed Maximum Price Proposal] See following pages 9196.022.01\Design-Build Agt.v3. doc 2-16-04-1 To be inserted at time of GMP EXHIBIT B-1 [Scope] See following pages 9196.022.01\Design-Build Agt.v3.doc 2-16-04-1 To be inserted at time of GMP EXHIBIT C-1 [List of Schematic Design Documents] See following pages 9196.022.010esign-Build Agt.v3.doc 2-16-04-1 To be inserted at time of GMP EXHIBIT C-2 [List of Design Development Documents] See following pages 9196.022.01\Design-Build Agt.0 doe 2-16-04-I To be inserted at time of GMP `.. EXHIBIT C-3 [List of Construction Documents] See following pages 9196.022.01\Design-Build Agt.v3.doc 2-16-04-1 To be inserted at time of GMP EXHIBIT D [The Town's Program] See following pages 9196.022.01\Dcsign-Build Agt.v3.doc 2-16-04-1 o ;R m T m O 0 co D � O ci � C CD z O G) z z cn <n cn 3 a ': 09 m c a m o= -1 D n D G) y ca D D d A _ p N v �• to o d n 3 m r y N o < - o x -- - O N m r r _ T 0 C f9 7 'i cn C 0 A o 0 3 a D _C N ' <p (AN O 'C 9 ' D rn ao " M z m N' �_> O P cn T co Co D T N m 2 CL D ccnn z m D — — r cn cn n c m o a A 4 -4 V N T c C fD > D T n CD NSn N O A W m O) (O Cn V m y co 90 C� D N O A A NJW t0 (D C N 1 y A A (nr1i <n O cD co co cn O N O O A A C) .. C 3 0 3 Z N Ol wo N w O c O O A -+ A (n W A c0 O j A N �1 V A O) (OD co W tO N O N z O A A T N C A V W W V O 00 A O O CD X n� G1 m D o a cn vN N N � T C to N A W O C w cn O) A (n Gl LiW V ei O c D N C N � W )y T N O m A N Om) m (OD C + O O A w O) N co fD m N_ N N 3 0 A A A w w D d 7 w O W coO Cn O (D m A -4M m m m (n 0o w o c) ao (n O (D 0 m + + + A � N j + + + N N n f Ln fn -4(OD (n + m A m tD N) m CO (J) N O W O V O D w FOUNTAIN HILLS CIVIC CENTER - PHASE 11 Kitchell CEM Date: 1/06/2004 PRELIMINARY AREA/SPACE ANALYSIS Administration and Council Chambers Position/Area/Function Staff Area I GF Net Area Current Future (2014) Town Est Current Needs Future (2014) A.1 Administration a Town Manager 1 1 280 264 1.15 304 b Executive Assistant 1 1 144 120 1.10 132 c Town Attorney 1 1 144 144 1.15 166 d Mayor 1 1 168 144 1.15 166 e Council Joint -use Office 168 168 1.15 193 f Town Clerk 1 1 144 120 1.15 138 g Small Conference/Voter Support 144 144 1.10 158 h Human resources Mgr. 1 1 192 144 1.15 166 1 Accounting Supervisor/Director 1 1 192 144 1.15 166 j Accounts Payable 1 2 144 100 100 1.15 230 k Facilities Operation Supervisor 1 1 144 100 1.15 115 m Administration Assistant 1 100 1.10 110 m Human Resources Assistant 1 100 1.10 110 m Accounting Specialist 3 240 1.10 264 m Treasurer 1 120 1.15 138 Sub -Total 9 16 1,864 1,592 660 1.13 2,555 A.2 Council Chambers a Council Chambers 1,672 1,800 1.20 2,160 e Council Conference Room f Council Restroom (Uni-sex) h Vestibule entrance 80 1.10 88 Sub -Total 1,672 1,880 1.20 2,248 A.3 Administrative Support b Reception 1 1 100 1.00 100 c Fax, Mail Room 132 60 1.20 72 d Large Conference e Employee Break Room f Administrative Files 80 80 1.10 88 g Records File Room 128 128 1.10 141 In Accounting Archives i Fac. Shop & Receiving 600 480 1.20 576 Sub -Total 1 1 940 848 1.15 977 A.4 Information Technology (I/T) a I/T Manager 1 144 100 1.15 115 b I/T Assistant 1 100 1.10 110 c I/T. Channel 11, & Shop Storage 80 80 1.20 96 Sub -Total 1 1 224 180 100 1.15 321 A.5 General Support/Common 1st Fir. Public Lobby 432 480 1.00 480 2nd Fir. Public Lobby 320 1.00 320 1st FIr. Large Conference Room 528 1.15 607 2nd Flr. Large Conference Room 484 528 1.15 607 1st Fir. Copy/Work Room 408 240 1.15 276 2nd Fir. Copy/Work Room 240 1.15 276 Staff Break Room 256 484 1.15 557 General Storage 564 520 1.10 572 Archive Storage 240 156 1.10 172 Equipment Storage 400 400 1.10 440 a 1st FIr. Women's Restrm (Staff) 140 120 1.10 132 a 2nd Fir. Women's Restrm (Staff) 140 120 1.10 132 b 1st Fir. Men's Restrm (Staff) 140 120 1.10 132 b 2nd FIr. Men's Restrm (Staff) 140 120 1.10 132 c 1st Flr. Public Restrm (Uni-sex) 49 50 1.00 50 d 2nd FIr. Public Restrm (Uni-sex) 50 1.00 50 e 1 st FIr. Custodial 40 1.00 40 I 2nd FIr. Custodial 40 1.00 40 g Elevator 100 100 1.00 100 h Stairwells (Exterior - 2 min.) 200 440 1.10 484 Public Lobby Stairs 124 1.00 124 h Interior Circulation 1,266 i Electrical/Telecom Utility 50 80 1.10 88 k Plumb/Mech/Fire Riser/Utility 50 80 1.10 88 Sub -Total 5,059 5,380 1.10 5,899 Staffing Projections 11 18 Total Area (Sq. Ft.) 9,7591 9,880 760 Total Net Area (Sq. Ft.) 1 Page 1 of 1 FOUNTAIN HILLS CIVIC CENTER - PHASE II Kitchell CEM Date: 1 /06/2004 PRELIMINARY AREA/SPACE ANALYSIS Public Works Position/Area/Function Staff Area GF Net Area Current Future (2014) Town Est Current Needs Future (2014) B.1 Administration a Public Works Director 1 1 192 180 1.15 207 b Executive Assistant 1 1 144 144 1.10 158 c Conference Room d Office Supply Storage 40 1.10 44 e Work/Copy Room Sub -Total 2 2 336 364 1.12 409 B.2 Building Safety a Lobby b Public Counter 1 1 80 1.20 96 c Chief Building Safety Official 1 1 144 144 1.15 166 d Administrative Assistant 1 1 144 100 1.10 110 e Plans Examiner 1 2 484 144 100 1.15 281 f Building Safety Technician 2 2 160 1.10 176 g Building Safety Plan Room 96 1.10 106 h Fire Marshall 1 1 144 120 1.15 138 Sub -Total 7 8 916 844 100 1.14 1,072 B.3 Planning & Zoning a Administrator (Supervisor) 144 144 1.15 166 b Administrative Assistant 1 1 100 100 1.10 110 c Senior Planner 1 1 120 1.15 138 d Planner 1 1 120 1.15 138 e Economic Development Coord. 1 144 120 1.15 138 f Code Enforcement 2 2 160 1.15 184 Sub -Total 5 6 388 644 120 1.14 874 B.4 Inspectors a Building Safety 2 2 144 160 1.10 176 b Engineering 2 2 144 160 1.10 176 c Open Area 100 1.20 120 d Plan Review 100 1.20 120 Sub -Total 4 4 288 520 1.14 592 B.5 Engineering a Town Engineer 1 1 192 168 1.15 193 b Civil Engineer 2 2 288 240 1.15 276 c CAD Operator 2 2 200 1.15 230 d CAD Work Room 168 120 1.20 144 e Engineering & CAD File Storage 120 120 1.10 132 f Engineering Plan Room 80 1.15 92 Sub -Total 5 5 768 928 1.15 1,067 B.6 Streets a Street Superintendent 1 1 144 144 1.15 166 b Street Assistant 1 100 1.10 110 Sub -Total 1 2 144 144 100 1.13 276 B.7 Archive Storage a Building Safety & Engineering 400 320 1.10 352 b Planning & Zoning 240 200 1.10 220 Sub -Total 640 520 1.10 572 Staffing Projections 1 241 27 Total Area (Sq. Ft.) 3,4801 3,9641 320 Total Net Area (Sq. Ft.) 4,862 Page 1 of 1 FOUNTAIN HILLS CIVIC CENTER - PHASE II Kitchell CEM i 1 /06/2004 PRELIMINARY AREA/SPACE ANALYSIS Parks & Recreation Position/Area/Function Staff Area GF Net Area Current Future (2014) Town Est Current Needs Future (2014) C.1 Administration a Parks & Recreation Director 1 1 1,665 144 1.15 166 b Executive Assistant 1 1 100 1.10 110 c Recreation Supervisor 1 1 120 1.15 138 d Parks Supervisor 1 1 120 1.15 138 f Parks & Recreation Coordinator 2 3 160 80 1.10 264 g Intern 1 1 100 1.10 110 h Field Staff Work Room 3 4 160 80 1.20 288 h.1 Seasonal Staff 2 160 1.20 192 i Lobby j Public Counter 1 64 1.20 77 k Copy/Printing Work Room 80 1.20 96 1 Office Supply Storage 40 1.10 44 m Records Storage 40 1.10 44 n Equipment Storage Sub -Total 10 15 1,665 1,064 384 1.15 1,666 Staffing Projections 10 15 Total Area (Sq. Ft.) 1 1,6651 1,0641 384 Total Net Area (Sq. Ft.) 1,666 Page 1 of 1 FOUNTAIN HILLS CIVIC CENTER - PHASE 11 Kitchell CEM [ 1 /06/2004 PRELIMINARY AREA/SPACE ANALYSIS Municipal Court Position/Area/Function Staff Area GF Net Area Current Future (2014) Town Est Current Needs Future (2014) D.1 Court Offices a Judge's Chambers 1 1 180 1.20 216 b Court Administrator 1 1 120 1.15 138 c Court Officer 1 1 80 1.15 92 d Court Support Staff 2 3 960 200 100 1.15 345 e Medium Conference 216 f Court Archive Storage 288 240 1.15 276 g Multi -use Conference/Jury Room 216 Sub -Total 5 6 1,680 820 100 1.16 1,067 D.2 Courtroom a Vestibule 80 1.10 88 b Attorney Meeting Rooms 160 1.20 192 c Courtroom 1,200 1.20 1,440 d Judge's access 40 1.20 48 e Staff Uni-sex Restroom f In -custody Defendant access 80 1.20 96 Sub -Total 1,560 1.19 1,864 D.3 Public Service a Lobby 288 b Reception 1 1 80 1.20 96 c Public Counter 1 2 80 1.20 96 e Staff Uni-sex Restroom Sub -Total 2 3 288 160 1.20 192 Staffing Projections 7 9 Total Area (Sq. Ft.) 1 1,9681 2,540 100 Total Net Area (Sq. Ft.) F 3,123 Page 1 of 1 FOUNTAIN HILLS CIVIC CENTER - PHASE II Kitchell CEM Date: 1 /06/2004 PRELIMINARY AREA/SPACE ANALYSIS Sheriff, ASP, DPS Position/Area/Function I Staff Current lFuture E.1 Operations a Public Lobby/Waiting b Reception/Dispatch/Control c Victim Waiting/Quiet/First Aid d Public Uni-sex Restroom e Commander f Detective Sergeant g Administrative Sergeant h Administrative Assist./Deputy I Patrol Sergeants j Lieutenant k Detectives I Detective Conference m Squad Room n Public Safety Coordinator p Conference/Briefing q Staff Room w/ Kitchen r.1 Men's Decontamination r.2 Women's Decontamination Ll Office Supplies Storage L2 PPE Storage L3 Patrol Storage t.4 Records & Files Storage t.5 Cone Storage Sub -Total E.2 Security Zone b Evidence c.2 Interview Room - Security d.1 Holding Cells - 2 cells d.2 Courtroom Access d.3 Suspect Uni-sex Restroom d.4 Custodial with Storage e.1 Vehicle Sally Port Entry Vestib. e.2 Hazardous Materials Storage e.3 Tire Storage Sub -Total E.3 DPSIASP Offices a Private Office/Conference b Open Office Area b Squad Room c Evidence d General Storage Sub -Total EA Communications b Telecom. Equipment Room Sub -Total Staffing Projections Total Area (Sq. Ft.) Total Net Area (Sq. Ft 1 1 1 1 1 1 1 2 4 1 14 1 1 2 4 1 1 1 1 1 2 1 4 6 1 19 1 1 1 2 3 6 Area Est Current Needs Future 2,350 160 120 120 180 100 100 100 100 120 200 180 400 144 140 480 300 260 40 80 2,494 3,180 144 120 140 100 40 80 624 432 216 200 200 90 40 522 656 60 60 GF I Net Area I 1.10 176 1.15 138 1.15 138 1.15 207 1.15 115 1.15 115 1.15 115 100 1.15 230 1.15 138 200 1.15 460 1.15 207 200 1.15 690 1.15 161 1.15 552 1.15 345 1.15 299 1.10 44 1.10 88 500 1.15 4,218 1.15 166 1.15 138 1.15 161 1.15 115 1.15 46 1.15 92 1.15 718 1.15 248 100 1.20 360 100 1.20 360 1.10 44 200 1.18 1,012 1.10 66 1.10 66 181 26 3,016 4,520 700 Page 1 of 1 6,0141 FOUNTAIN HILLS CIVIC CENTER - PHASE II Kitchell CEM C 1 /06/2004 PRELIMINARY AREA/SPACE ANALYSIS Senior Activities Center Position/Area/Function StaffNolunteers Area GF Net Area Current Future (2014) Town Est Current Needs Future (2014) F.1 Administration a Foyer 4,500 80 1.00 80 b Waiting/Reading Room 240 1.10 264 b.1 Volunteer Desk 1 1 40 1.10 44 c Library 80 1.10 88 d Administrative Office & Storage 1 150 1.15 173 e Meeting/Conference Room 150 1.15 173 f Small Conf./Volunteer Work Rm 1 1 100 1.10 110 g.1 Counseling & Referral 1 1 100 1.10 110 g.2 Planning & Social Services 1 1 100 1.10 110 h.1 Men's Restroom 260 1.10 286 h.2 Women's Restroom 300 1.10 330 i Custodial & Storage 32 1.10 35 Sub -Total 4 5 4,500 1,632 1.10 1,802 F.2 Activity & Function Areas a Multi -Purpose Room 1,600 1.10 1,760 C Athletic/Exercise Equip. Storage 80 1.10 88 a._ Miscellaneous Storage 40 1.10 44 a.3 Chair Storage 80 1.10 88 b Computer Lab 1 1 300 1.10 330 c.1 Arts & Crafts Studio 1 1 160 1.20 192 c.2 Art Supplies & Project Storage 40 1.10 44 d.1 Kitchen 1 1 240 1.15 276 d.2 Host./Catering & Dish Storage 80 1.10 88 d.3 Outdoor Patio (Future) e.1 Medical Equipment Storage 240 1.10 264 Sub -Total 3 3 2,860 1.11 3,174 Staffing Projections 71 =8 Total Area (Sq. Ft.) 4,5001 4,492 Total Net Area (Sq. Ft.) 4,976 Page 1 of 1 0 0 0 < m v v n v n z x m m m m cn0 z n- M x Z A A m 0 O� m p m cO 00 > z Z a O o Z 0 2 D co m m � A � N � m � m fn 0 O 0 0 0 0 0 0 0 0 0 A N a � i ( C& M m u O C' cn cn C (f)ODK a D C n r O Z r 1 . 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MG)m 1 5m_ q / Cn, >zG) , akk \m %;a 02= D \\ m§. /m, M ; %§'k /k! 0 M*,i`.111.11WN [The Town's RFQ] See following pages 9196.022.01\Design-Build Agt.v3.doc 2-16-04-1 TOWN OF FOUNTAIN HILLS CIVIC CENTER PHASE II DESIGN- BUILD PROJECT Introduction The Town of Fountain Hills, Arizona (the "Town") was incorporated in 1989. Since incorporation, the Town has operated its offices primarily out of space that it now leases on a month -to -month basis. The Town currently operates its administrative offices out of two primary spaces, the community center located at 13001 North La Montana Drive and three buildings at 16836 East Palisades Boulevard in Fountain Hills, Arizona. The Town now desires to (i) discontinue leasing space for its administrative offices by July 2005 and (ii) construct a new building on real property that it already owns adjacent to its existing community center. The proposed project is the second phase of the planned civic center complex (the "Complex"). The first phase of the Complex included construction of a 32,000 sq.ft. community center and a 32,640 sq.ft. library/museum. Phase II will consist of an approximately 31,000 sq.ft. two-story administrative building to house (i) Administration and Council Chambers, (ii) law enforcement, (iii) the Municipal Court, (iv) parks and recreation, (v) public works and (iv) the Senior Activity Center (the Civic Center Phase II improvements are referred to herein as the "Project"). The Town intends to utilize the design -build process authorized pursuant to Title 34 of the Arizona Revised Statutes to complete this Project. Project Description: Town staff has undergone a space programming exercise to plan the essential elements of its new Complex, focusing specifically on the elements to be constructed as part of this Project. The Project construction budget is approximately $3,800,000 to $4,800,000, including all necessary off -site and on -site infrastructure improvements, site conditions and landscaping. This is a Turnkey project, wherein the design/build team (the "Team") selected must produce completely fit -out buildings including, but not limited to, finishes, fixtures, furniture and full telecommunication hookups. The staff assigned to work in the new facility must be able to walk in, sit down, plug in their computers/phones and go to work. Additionally, the Project must be fully ADA compliant. Building Architecture and Context: The new building will be located on an approximately two -acre site located at the southeast corner of La Montana Drive and the Avenue of the Fountains (the "Site"). The Town is striving to create a more energized downtown by completing its government "campus" layout for the Complex. Visual continuity is also very important. The new building's architectural style, landscape, water features and interior finishes must compliment both the buildings along the Avenue of the Fountains and the existing community center and library/museum buildings. The selected Team will be expected to work closely with Town staff to review life cycle costing, equipment access issues, systems compatibility and availability of preferred materials. The selected Team will be required to perform a life cycle cost analysis of the various options to serve the HVAC needs of the new building. A shared back-up generator and UPS system will 9196.022.01Tesign-Build RFQ.v3.doc 1-9-04-1 also be required to serve the new building, and the Team will be required to move the Town's back-up generator from its current administrative building to the new building. Civic Center Project: The Town's various administrative staff offices will be consolidated within the new building. The public entrance to the new building must be a single point of ingress/egress with key card access to the staff offices. The staff facilities primarily consist of standard office/cubicles with extra file space and sufficient telecommunications hook-ups. Hard walls will be provided for management offices, meeting rooms and record storage. The new building will also include the integration of an approximately 2,100 sq.ft. Council Chamber for Town Council meetings. The Team will be tasked with preparing a floor plan design, as well as a final efficient layout that emphasizes customer service, one -stop development service permitting, staff relationships and future staff expansion. Municipal Court/Law Enforcement Station: Staff safety and functionality will be of utmost importance in the design and construction of the new Municipal Court (the "Court") and law enforcement station. The Court facilities shall include a single, approximately 1400 sq.ft. courtroom. The public entrance to the Court will be a single point of ingress/egress with key card access to the staff offices. The staff facilities primarily consist of standard office/cubicles with extra file space and sufficient telecommunications hook-ups. Hard walls will be provided for management offices, meeting room(s), courtroom and record storage. The Team will be tasked with preparing a floor plan design, as well as a final efficient layout that emphasizes customer service, staff relationships, future staff expansion and security screening equipment. The layout of the user spaces and cubicles are generally that of a typical administrative office. An important and unique component of the Project is the law enforcement station (the "Station"). The gross building area for the needs of the Station have been assessed at approximately 6,000 sq.ft., including a 700 sq.ft. security zone containing two inmate holding cells. The public entrance to the Station will be a single point of ingress/egress with key card access to law enforcement offices. The law enforcement offices primarily consist of standard office/cubicles with extra file space and sufficient telecommunications hook-ups. Hard walls will be provided for management offices, briefing and dispatch room(s) and record storage. In addition to two holding cells, the security zone shall include interview and evidence rooms. The Team will be tasked with preparing a floor plan design, as well as a final efficient layout that emphasizes customer service, safety, future staff expansion and security screening equipment. The layout of the user spaces and cubicles are generally that of a typical law enforcement station. Infrastructure Improvements: The proposed Project will be constructed on a flat, approximately two -acre vacant parcel in a mostly developed area of the Town of Fountain Hills. The Site currently has water, sewer, power and streets adjacent to it. However, the Team must demonstrate design and construction experience, including but not limited to, urban streets, drainage, traffic, water, sewer, streetlights 9I96.022.01\Design-Build RFQ.v3.doc 1-9-04-1 2 and landscaping. Improvements will be designed and constructed in conformance with the applicable Town guidelines. The Project may require some street improvements to the Avenue of the Fountains and La Montana Drive including curb, gutter, paving, drainage, striping, signing and landscaping. Water is available from an existing tap in the Avenue of the Fountains or from La Montana Drive or from a location adjacent to the community center and will have to be connected to the Site to provide on -site domestic, fire and irrigation supply. Sewer is available from a location adjacent to the community center and will have to be connected to the Site. On -site improvements will include water, sewer, parking, streetlights, drainage and landscaping. Statement of Qualifications In order to achieve the above -stated goals, the Town hereby solicits a Statement of Qualifications ("SOQ") from each interested Team. Each Team should include a general contractor/construction manager along with all required design disciplines (referred to herein as "Additional Key Team Members" including, but not limited to, architects, space planners, landscape architects, engineers and interior design consultants) necessary to deliver the completed Project to the Town in the shortest possible time within the above -stated budget. The Town will provide a site diagram and geotechnical investigation for the Site. The Team should have a firm (i) with extensive experience in the delivery of Design/Build projects and/or similar project types as is described in this Request for Qualifications ("RFQ") (i.e. municipal office buildings, court facilities and police administration facilities) and (ii) that will be the responsible party and contract with the Town for the Project (the "Lead Firm"). The Lead Firm will be responsible for subcontracting with all other required parties and will be responsible for such supervision and control over the other Team members as is necessary for the timely and accurate delivery of the completed Project. Selection Process This will be a one-step, qualifications -based process as authorized by Title 34 of the Arizona Revised Statutes. A separate request for proposals will not be issued. A selection committee comprised of Town staff and design professionals (the "Selection Committee") shall be established for this Project to (i) review the SOQs and (ii) create a "short list" of at least three qualified Teams for further consideration and interview. The Selection Committee will rank the Teams based upon its evaluation of (i) the SOQs, (ii) information provided by references and (iii) interviews utilizing the criteria and scoring listed below. After the Teams are ranked, the Town will enter into negotiations with the highest -ranked Team to finalize a contract for the Project. If a contract cannot be successfully negotiated with the highest -ranked Team, then negotiations will be officially terminated with that Team and the Town will enter negotiations with next -highest - ranked firm until a contract is .agreed upon or until an impasse is declared. The contract for the Project will be a two-phase agreement. While the selected Team and the Town will agree to and execute the entire design -build agreement (the "Agreement") upon approval by the Town Council, only the pre -construction services fee will be agreed to initially. The selected Team shall submit an executed Agreement to the Town not later than February 13, 2004. If a guaranteed maximum price ("GMP") is agreed to, the Town and the selected Team will execute 9196.022.01\Design-Build RFQ.v3.doc 1-9-04-1 3 Amendment No. 1 to the Agreement, establishing the total GMP for the Project, including the pre -construction services fee. If the Town and the Team selected to design the Project are unable to agree on a GMP, the Town shall be free to utilize the design documents created by the Team to independently bid the construction portion of the Project. SOQ Format / Selection Criteria The SOQ must include the following information for each Team. The information must be clearly presented in the order listed below. The Selection Committee will assign points for each category below, up to the maximum amount listed, to formulate a raw score to be used to evaluate the SOQs. A. Firm Credentials (25 Points) 1. Lead Firm a. Provide the full legal name and address of the Lead Firm for this Project and the name, title, phone number, facsimile number and email address for the manager who has the authority to execute contracts on behalf of the Lead Firm and the Team. b. Provide the date and state of incorporation or organization of the Lead Firm and state how long the Lead Firm has been in operation (both nationally and locally). C. Provide the number of full time employees of the Lead Firm, nationally and locally. d. State the Lead Firm's philosophy and area of specialization. e. List at least three, but not more than five, project examples (1) undertaken in the past five years by the Lead Finn's staff and (ii) that are similar to the Project described above. Design/Build experience is of particular interest. The example project information must include: (i) Project Name (ii) Project Manager (iii) Project Designer (iv) Project Superintendent (v) Name any current staff that (a) participated in the projects cited and (b) who would participate in designing/constructing the Project. 9196.022.01\Design-Build RFQ.v3.doc 1-9-04-1 4 (vi) List the projects' type, size, location, cost, method of delivery (design/build, design -bid -build or negotiated contract), completion date, estimated cost vs. final cost. (vii) List the name, title and telephone number of the primary representative of the client for each sample project listed. (viii) Provide fact sheets, photos or sample reports to illustrate submitted sample project. 2. Additional Key Team Member(s) a. Provide the full legal name and address of each Key Team Member Firm and include the name, title, phone number, fax number and email address for the manager assigned to this Project. b. Provide the date and state of incorporation or organization of each Key Team Member Firm and state how long the company has been in operation (both nationally and locally). C. Provide the number of full time employees of each Key Team Member Firm (both nationally and locally). d. State each Key Team Member Firm's philosophy and area of specialization. e. List at least three, but not more than five project examples (i) undertaken in the past five years by each Key Team Member's participating office and (ii) that are similar to the Project. Design/Build experience is of particular interest. The example project information must include: (i) Project Name (ii) Project Manager (iii) Project Designer (iv) Project Superintendent (v) Name any current staff that participated in the project and that would participate in this one. (vi) List the project's type, size, location, cost, method of delivery (design/build, design -bid -build or negotiated contract), completion date, estimated cost vs. final cost. 9196.022.01\Design-Build RFQ.v3.doc 1-9-04-1 5 (vii) List the name, title and telephone number of the primary representative of the client for each example project listed. (viii) Provide fact sheets, photos or sample reports to illustrate the project. B. Team Organization (20 points) 1. Provide an organizational chart for the Team. 2. Provide resumes for the KEY project personnel from the Lead Firm and Additional Key Team Members proposed for the Team. (NOTE: The Town intends to contractually obligate the proposer to assign those named project managers to this Project for its duration.) 3. If the Team has worked together on other projects, list the projects and members of the team who have worked together that would work on this Project. List references for these projects if different from those listed elsewhere. C. Project Delivery Approach (30 points) 1. Describe your approach to the delivery of this Project under the Design/Build method. 2. Discuss how the Team will manage this Project and how it will communicate (i) with its members and (ii) with the Town. 3. Describe any tools that would be used to manage the Project, including but not limited to: a. Scheduling b. Quality control C. . Communications d. Budget e. Additional tools or fresh ideas 4. Provide any other information that is pertinent to this Project's programming, design or construction that would give the Town a better understanding of why your Team can best meet its needs. D. Capacity (5 points) 9196.022.01\Design-Build RFQ.v3.doc 1-9-04-1 2 1. Lead Firm a. List the Lead Firm's annual volume of work, financial capacity and bonding capacity to carry out this Project. b. Provide a statement of the Lead Firm's current and projected workload how such workload will impact its ability to complete this Project in a timely manner. 2. Additional Key Team Member(s) a. List each additional Key Team Member's annual volume of work. b. Provide a statement of each additional Key Team Member's current and projected workloads and how such workloads will impact their ability to complete this Project in a timely manner. E. Interview (20 points) All short-listed firms shall be interviewed by the Selection Committee. All Key Team Members shall be represented at such interviews. F. References (No points) Each SOQ must provide at least three, but not more than five references for the Lead Firm and each additional Key Team Member. The references should relate to (i) the example projects submitted with the SQL or (ii) various projects completed within the last five years by the Team members. The reference list should clearly identify: 1. The reference's name and company name. 2. The project the reference is/was associated with. 3. A current telephone number. 4. The project delivery method (i.e. design -build, design -bid -build). G. Appendix (No points) The Appendix will be read at the discretion of the reviewer and should only include information supplemental to or additional to information provided in the body of the SOQ. The Appendix can include such information as brochures, additional photos, additional samples of similar work and annual reports. The Appendix must not include any of the minimum information required in Sections A-D and F of this RFQ. 9196.022.01\Design-Build RFQ.v3.doc 1-9-04-1 7 H. Exceptions to the Contract (No points) The Town will provide a proposed contract to each short-listed Team at the time of interview notification. Each Team will be expected to (i) accept the contract as is or (ii) list any changes or exceptions thereto within three days prior to its scheduled interview. I. Insurance Requirements Each short-listed Team must meet the standard Town insurance requirements. Proof of insurance certificates will be due at the time of the interview. Insurance requirements and directions for certificate submittals will be provided at the time of interview notification. J. Submittal Requirements 1. Each proposer shall submit one original and 12 copies of the above -described. SOQ by: 3:00 PM MOUNTAIN STANDARD TIME, January 29, 2004. to: Don Thumith Town of Fountain Hills 16836 East Palisades Boulevard, Building A Fountain Hills, AZ 85269 2. The SOQs must be enclosed in a sealed package, marked as follows: Proposal for Design/Build Services for: Town of Fountain Hills Community Center Phase II Project Attention: Don Thumith Date & time due The name of the proposer 3. No facsimile or electronic SOQs will be considered. Proposers are solely responsible for the delivery of their SOQs to the location specified at or before the time and date specified. Any SOQ received after the time and date specified above will be returned, unopened, to the submitting party. 4. The SOQ must not exceed 35 single -sided (8112" x I1 ') pages with a minimum ten point type. An I "x17" foldout for the Team Organization Chart will be permitted and will count as one page. This page limitation does not include subsections F - I set forth above. Submissions exceeding the page limit will be considered non -responsive, will not be reviewed and will be returned to the proposer immediately. 9196.022.01\Design-Build RFQ.v3.doc 1-9-04-1 8 K. Questions Regarding this RFQ 1. Questions regarding this RFQ must be submitted in writing, by mail, facsimile or email to the following address prior to the Pre -Submittal Conference, or submitted verbally at the Pre -Submittal Conference as a part of the public forum. Don Thumith 16836 East Palisades Boulevard Fountain Hills, AZ 85269 Facsimile: 480-837-3145 Email: dthumith@fh.az.gov 2. Verbal or telephone inquiries directed to Town staff prior to the Pre -Submittal Conference will not be answered. Within 48 hours following the Pre -Submittal Conference, answers to all questions received in writing or verbally during the Pre -Submittal Conference will be mailed, faxed or emailed to all parties who obtained a RFQ package from the Town and legibly provided their mailing address to the Town information. Oral statements or instructions made by staff, officials or consultants shall not constitute an amendment to this RFQ; any such amendment must be in writing and issued to all registered parties. No further questions, in any form, will be entertained following the Pre -Submittal Conference. 3. Direct contact with Town staff, elected or appointed officials, Selection Committee Members, or Town consultants concerning this RFQ, at any time, is strictly prohibited and will result in your Team being eliminated from consideration. L. Mandatory Pre -Submittal Conference 1. A Pre -Submittal Conference will be held at the time and place indicated below: Town of Fountain Hills — Video Conference Room 16836 East Palisades Boulevard Date: Tuesday, January 20, 2004 Time: 9:00 a.m. All interested parties are required to attend. 2. The Town, its consultants and/or advisors, will not be responsible for any costs incurred by any firm or Team submitting a SOQ or responding to this notice. The Town reserves the right to waive any irregularities in any submittal and to reject all submittals and re -advertise or cancel the Project in its entirety, at its sole discretion. 9196.022.01\Design-Build RFQ.v3.doc 1-9-04-1 6 9196.022.01\Design-Build RFQ.v3.doc 1-9-04-1 [SCHEDULE ON FOLLOWING PAGE] 10 M. Schedule Date Event i January 9, 2004 1 RFQ issued January 20, 2004 Mandatory Pre -submittal conference January 22, 2004 Answers to questions submitted prior to or at the pre -submittal conference back to all submitters January 29, 2004 Submittals due January 30, 2004 1 Submittals distributed to Selection Committee February 2, 2004 Selection Committee reviews submittals; telephone call to short- listed Teams February 3, 2004 Written notification to short-listed Teams February 10, 2004 Interviews; selection; notification to highest ranking Team February 11-12, 2004 February 13, 2004 February 19, 2004 Negotiation of design -build agreement; pre -construction fee Signed design -build agreement due to Town j Town Council consideration of design -build agreement 9196.022.01\Design-Build RFQ.v3.doc 1-9-04-1 11 EXHIBIT F [Contractor's Response to the Town's RFQ] See following pages 9196.022.ORDesign-Build Agt0 doc 2-16-04-1 Town of Fountain Hills Civic Center Phase 11 January 29, 2004 SmithGroup HOLDER January 29, 2003 Don Thumith Town of Fountain Hills 16836 E. Palisades Blvd., Building A Fountain Hills, AZ 85268 4222 East Thomas Road, Suite 230 Phoenix, Arizona 85018 602.224.5050 602.224.5202 (fax) Re: Proposal for Design Services for the Town of Fountain Hills Civic Center Phase II Project Dear Don: The Holder Construction Company and SmithGroup Design/Build Team is pleased to present our qualifications for the Design/Build Contract for the Community Center Phase II Project. Our strength is our Team's Design/Build experience, our team members' experience working together on Design/Build projects, and our experience in multi -use municipal facilities very similar to your project. We focus ona limited number of projects to guarantee that the Town of Fountain Hills is a primary focus and is treated as a very important client. The Holder/SmithGroup Design/Build Team has built our reputation on providing a high level of service on all our projects. Our qualifications to successfully complete this project are highlighted as follows ■ -Design/Build Delivery Approach — Over 85% of our projects have been delivered under the Design/Build approach. Our collaborative processes and procedures developed over 43 years, balance cost, schedule, safety, and quality to provide maximum value in the completed facility. With 90% of our projects completed for repeat clients, our abilities are proven and unmatched. In addition, we can successfully demonstrate our ability to deliver projects with optimum, fast -track turn -key schedules. The Holder/SmithGroup Design/Build Team is currently working on Fountainhead Corporate Park and has successfully completed three additional Design/Build projects. Team Expertise — Our team, led by me as the Project Director, is supported by the "best of the best" key players that have built multiple projects together similar to the Civic Center Phase II. This team is further complemented and strengthened by Jeff Mason, Senior Project Manager; Kent Willcox, A/E Project Manager, Keyvan Ghahreman, Preconstruction Manager and LEEDTm Accredited Professional; and Greg Mitchell, Superintendent. Additionally, we have the resources and expertise of Bill Headley, Municipal/Justice Specialist and Charles Crain, AIA, Courts Specialist. This team has worked together and built many successful projects in Phoenix, and has knowledge and expertise in the local construction market. Holder/SmithGroup is currently working together on the Fountainhead Corporate Park, Northern Arizona University College of Engineering and Technology and the Phoenix Sky Harbor Technology Building and Cabling Infrastructure Project. Our key team members ensure the entire resources of our companies are applied to the project to support your needs. ■ Similar Project Experience - The Team we are featuring has relevant experience on very similar multi -use, municipal facilities, as well as, design/build, fast -track, turn -key projects. For example, our team has worked on the Peoria Public Safety Building, the City of Avondale City Hall, the Maricopa County Public Health and Environmental Services Building, and Kennesaw City Hall. The similar project components include multiple users and departments, customer service facilities, administration space, council chambers, courtrooms, public safety, and site infrastructure. We are keenly aware of the requirements of this type of facility. Our response to your request for a Statement of Qualifications is attached. We are confident our Design/Build Approach, Team Expertise, and Project Experience will result in a project that exceeds your expectations. We look forward to working with the Town of Fountain Hills and Kitchell CEM. Sincerely, HOLDER CONSTRUCTION COMPANY J ?nP. Redmond Project Director X SmithGrour HOLDER li A. Firm Credentials �..- 1. Lead Firm a. Provide the full legal name and address of the Lead Firm for this Project and the name, title, phone number, facsimile number and email address for the manager who has the authority to execute contracts on behalf of the Lead Firm and the Team. Holder Construction Company 4222 East Thomas Road, Suite 230 Phoenix, Arizona 85018 Authority to execute the contract rests with: David W. Miller President and Chief Operating Officer 770.988.3000 (phone) 770.988.3205 (fax) dmiller@holder.com b. Provide the date and state of incorporation or organization of the Lead Firm and state how long the Lead Firm has been in operation (both nationally and locally). Holder Construction Company was established in 1960 in Atlanta, Georgia and Holder's Phoenix office was established in 1996. c. Provide the number of full time employees of the Lead Firm, nationally and locally. Holder currently has 33 employees in Phoenix and 280 employees nationally. d. State the Lead Firm's philosophy and area of specialization. Performance * Service 9 Teamwork Established in 1960, Holder Construction Company's philosophy is to serve our clients with quality construction on time and at a competitive price. By pursuing these goals, under a team approach, we are able to achieve the proper balance of cost, schedule, and quality while delivering a building with maximum value to our clients. Holder is consistently ranked as one of the Nation's leading contractors in Construction Management, Construction Manager at Risk, General Construction, and Design -Build and is respected as one of the true "team approach" contractors. Holder Construction is a full -service company. We excel when working as part of a collaborative team to develop, design, and construct facilities. We specialize in Design/Build of municipal and public facilities. In addition to our areas of expertise, we understand the unique requirements that make these municipal facilities more than just another building. Our other areas of expertise include corporate office, commercial office, higher education, special use, aviation, hospitality and data and technology facilities and interiors. Fast-Track/Turn-Key - Our clients appreciate our ability to deliver projects with optimum fast -track, tum-key schedules while maintaining costs. Our reputation is based on delivering facilities on time and under budget and doing what we say we will do. We accomplish this by focusing our resources on a limited number of opportunities at any one time. Our goal is to be the best, not the biggest, in our industry. Design/Build - Simply put, our team's Design/Build philosophy is to work under an extremely collaborative effort with all team members to design, engineer, construct and commission a facility that exceeds the Town of Fountain Hills' expectations. To accomplish this, the Civic Center Phase II must be delivered on budget, on time, "on -program", and with the quality requisite to function for many years. These qualifications include: Over $1 billion of projects under a Design/Build approach in the last six years. An understanding of the Phoenix Construction and Real Estate Market gained on municipal and government build -to -suit projects including the Maricopa County Environmental Services and Public Health Facility and the City of Phoenix Sky Harbor International Airport Technology Building. An established proven relationship working with SmithGroup on multiple projects, including three Design/Build projects. ff HOLDER mi th a .} Team - Holder/SmithGroup's proven team approach to building is a major differentiating factor. Together, we assist with evaluating alternative solutions, provide creativity, and continuously challenge ourselves to come up with new ideas. Our clients participate in the process every step of the way, controlling the design, and achieving their goals for cost, schedule and quality. The Holder/SmithGroup Team offers Fountain Hills the "best of the best" in each individual we are committing to the Civic Center Phase 11 project. Our experience together as a team includes work on MCI, Fountainhead Corporate Park, America West Corporate Headquarters, Northern Arizona University College of Engineering and Technology and Sky Harbor International Airport Technology Building and Cabling Infrastructure. Multi -Purpose Municipal Facilities Experience - Our extensive experience in Multi -Purpose Municipal Facilities and the Design/Build process allows us to provide the "best of class" design, preconstruction and construction services to the Town of Fountain Hills. Many of the projects we have completed are multi -departmental facilities that include public use, as well as specialized departments, such as council chambers, municipal courts, law enforcement and public safety. Some examples of Holder's Multi -Purpose Municipal projects are Maricopa County Public Health and Environmental Services Facility, Rome/Floyd County Law Enforcement Center, Kennesaw City Hall Expansion, GSA Augusta Courthouse, Rome Civic and Government Offices, and The Russell Federal Building, Sustainable Design/LEEDTM - Holder is at the forefront of sustainable design and construction. We understand the process of LEEDTM certification and the commitment that is required to the process. We understand the challenges and opportunities that a LEEDTM Certification offers. Currently, Holder is working on six projects that are seeking LEEDTM certification and we have 23 LEEDTM-Accredited Associates. We have also completed the DuPree College of Management, a LEEDTM Silver Certified facility. Working as a collaborative member of the team, we strive to evaluate and encourage the use of renewable energy sources, natural resources, efficient MEP systems, materials and resources and indoor environmental quality. We understand biological retention, impact of climate, and special site issues and considerations as well as understanding maintenance and life cycle costs. e. List at least three, but not more than five, project examples (i) undertaken in the past five years by the Lead Firm's staff and (ii) that are similar to the Project described above. Design/Build experience is of particular interest. The example project information must include: (i) Project Name (ii) Project Manager (iii) Project Designer (iv) Project Superintendent (v) Name any current staff that (a) participated in the projects cited and (b) who would participate in designing/constructing the Project. (vi) List the projects' type, size, location, costs, method of delivery (design/build, design -bid -build or negotiated contract), completion date, estimated cost vs. final cost. (vii) List the name, title and telephone number of the primary representative of the client for each sample project listed. viii Provide fact sheets, photos or sample reports to illustrate submitted sample project. Kennesaw City Hall This DesignlBuild project is a three-story, 16,000 square foot addition to the existing Kennesaw City Hall. The facility will house the new city courtroom and City Council chambers on the ground level. The first floor will add offices and training space for the City Government and the Kennesaw Police Department. The top floor will remain available for future expansion. The new addition provides grander elevations that better announce the importance of the building while respecting the existing architecture. The Early Classical Revival style is character appropriate to the courthouse function and gives the building an appearance commensurate with city and county courthouses throughout Georgia. I'm K111 HOLDER Smith, t Project Manager: Rob Williamson Project Superintendent: Andy Hyde Current Staff: Bill Headley Project Type: City Government and Police Facility Project Size: 16,000 square feet Location: Kennesaw, Georgia Delivery Method: Design/Build Completion Date: March 2004 Estimated vs. Final Cost: $2.6 million estimated and we are on track to meet that budget Client Reference: Steve Kennedy, Assistant City Manager, 770.424.8274 ' Similarities to the Civic Center Phase II Project: Design/Build Fast -Track Multi- Purpose Municipal Facility Security Zones Municipal Courts • Council Chambers Maricopa County Public Health and Environmental Services Building This 54,000 square foot Multi -Purpose Municipal facility with a 300-car below - grade parking garage will house various County Health functions, including clinics, medical records, laboratories, exam rooms, pharmacy, radiology, family a, planning, immunizations, oral health, women/infantichildren's health, 4 uu "� administrative/support offices, and environmental services. Project Manager: Jeff Mason Similarities to the Civic Project Superintendent: Lance Wafler Center Phase II Project: Current Staff: John Redmond, Jeff Mason, Keyvan Ghahreman, Jack Jones Multi -Purpose Project Type: Multi -Purpose Government Facility Municipal Facility Project Size: 54,000 square feet Security Zones Location: Phoenix, Arizona Holder Team Delivery Method: Construction Manager at Risk - Administration Space Completion Date: June 2005 Site/Infrastructure Estimated vs. Final Cost: $13 million vs. $11.7 million achieved through value analysis L_Improvements Client Reference: Steve Hinchman, Project Manager, 602.372.3321 rate Park The Holder/SmithGroup Design/Build Team is performing a build -to -suit program at the Fountainhead Corporate Park, a 175-acre Class A office park. Within the park there are 15 buildings containing 1.22 million square feet of office space. The initial phase includes a three-story, 120,000 square foot office building. In addition to the office building, it will have 600 surface parking spaces. Project Manager: John Redmond Project Designer: Miguel Berastegui with SmithGroup Project Superintendent: Greg Mitchell Current Staff: John Redmond, Jeff Mason, Keyvan Ghahreman, Greg Mitchell Project Type: Commercial Office Project Size: 120,000 square feet Location: Tempe, Arizona Delivery Method: Design/Build Completion Date: TBD Estimated vs. Final Cost: $9 million estimated cost Client Reference: Bill Rogalski, Facilities Management, Amberjack, Ltd., 309.766.0688 Similarities to the Civic Center Phase II Project: Design/Build • Holder/SmithGroup Team Administration Space 321= 3 HOLDER T fi w i. i Ll Project Manager: Project Designer: Project Superintendent: Current Staff: Project Type: Project Size: Location: Delivery Method: Completion Date: Estimated vs. Final Cost: Client Reference: ,enter This Holder/SmithGroup Design/Build, Fast -Track project is a two-story, 55,000 square foot poured -in -place facility that included the installation of 36,000 square feet of raised flooring. This processing center was constructed to provide co - location space and increase MCI's telephone exchange capacity. Jeff Mason SmithGroup Greg Mitchell John Redmond, Jeff Mason, Greg Mitchell, Keyvan Ghahreman . Technology Center 55,000 square feet Phoenix, Arizona Design/Build April 2001 Similarities to the Civic Center Phase II Project: • Design/Build • Holder/SmithGroup Team • Fast -Track • Security Zones • Site/Infrastructure Improvements $13,400,000 estimated cost, $11, 535,563 actual costs due to preconstruction value analysis Bill Nice, Facilities Management, MCI WorldCom, 713.966.7692 Rome/F(ovd Countv Law Enforcement Center The Law Enforcement Center is a 60,000 square foot building that houses the 53� Rome Police Department, Floyd County Police offices, Floyd County Sheriffs a offices and 911 Emergency Operations and Dispatching. Site development 3, includes drives, walks, and other site work. The structure is a structural steel frame with steel joist and metal decking, concrete foundations, retaining walls, _AM and floor slabs. Project Manager: Bill Headley Project Superintendent: Todd Turner Current Staff: Bill Headley Project Type: City Police and County Sheriff Facility Project Size: 60,000 square feet Location: Rome, Georgia Delivery Method: Construction Manager at Risk Completion Date: August 1997 Estimated vs. Final Cost: $7.3 million was the estimated and actual cost. There were a total of 83 Owner changes on the project. Due to our efficient management of the project and cost management systems, we were able to incorporate all 83 changes and still net a $10,000 savings on the project. Client Reference: Kevin Poe, County Manager, 706.291.5111 HOLDER m- Similarities to the Civic Center Phase II Project: • Fast -Track • Holder Team • Holding Cells • Multi- Purpose Municipal Facility • Security Zones • Site/Infrastructure Improvements 2. Additional Kev Team Members a. Provide the full legal name and address of each Key Team Member for this Project and include the name, title, phone number, fax number and address for the manager assigned to this Project. SmithGroup Incorporated Project Manager: 455 North Third Street, Suite 250 Kent Willcox, Associate Phoenix, Arizona 85004 602 265 2200 (phone) 602 265 2244 (fax) kent.willcox@smithgroup.com b. Provide the date and state of incorporation or organization of each Key Team member Firm and state how long the company has been in operation (both nationally and locally). SmithGroup was incorporated nationally in 1853 in Sandusky, Ohio and has been in Arizona since 1973. c. Provide the number of full time employees of each Key Team Member Firm both nationally and local SmithGroup has 850 employees nationally, 90 locally, and 12 in the Office/Workplace Studio. SmithGroup has assigned a team of highly -skilled professionals to this project. They were chosen for their similar experience, forward -thinking approach, creative solutions, strong management skills and technical expertise. This team is part of a tightly -knit studio within SmithGroup that focuses on municipal projects. Members of this team have worked together on numerous projects and are consistently successful in the delivery of this project type. Our team is fully supported by a large staff of technical and administrative resources all in our Phoenix office. d. State each Key Team Member Firm's philosophy and area of specialization. SmithGroup is one of the top five largest architecture, engineering and planning firms in the nation. We offer clients comprehensive expertise in architecture, engineering and interior architecture. Our environmentally conscientious solutions integrate design with innovative technology and express our client's vision and aspirations using tightly -knit, smaller studios that specialize in specific markets. Ideas -oriented approach - Exploration, creativity and collaboration are our premise for designing extraordinary environments. Our team approach involves our clients in a spirited exchange of ideas. Beyond resolving functional and operational needs, we craft answers that embody your aspirations. Our process engages the entire project team, which includes our clients, to find solutions that transcend the usual or expected. We're known for our skilled ability to solve complex technological problems within an aesthetically pleasing context. Long-term relationships - Relationships with our clients often last beyond a single project to a lifetime, with clients returning to us again and again with more assignments. Long-lasting client relationships are the key to our longevity: in an industry where only three percent of the firms are more than 27 years old, our 150-year legacy stands out. Court Experience - We understand the special needs of the Court — its security, segregated circulation and ease of use by the public, all while upholding the high standards of the judicial process, welcoming visitors while conveying the respect of the courts. The Town of Fountain Hills' facility should emphasize the accessibility of the judicial system by the public while creating a secure zone for judges, staff, prisoners and the public. As an example in achieving efficiencies and to provide maximum well - space within the courtroom, a secure judges' corridor can be at a higher elevation via ramping in ancillary corridors, so that they may enter at the level of the bench. Security must be integrated in the conceptual phase of the project, thereby allowing a well -designed, dignified entrance into the building with appropriate space for queuing and security screening. Other important design issues we will address: ® Integration of Security and Building Design • Integration of Technology and Flexibility for Continuing Advancements s Productive Work Environments for Office and Judicial Staff HOLDER Sm1-tii ..x 0 U_1.-1 5 • Teleconferencing Courtroom Design Issues — Identity/Stature of Judiciary, Technology, Lighting (including Natural Light), Display (AV/Acoustics), Configuration, Accessibility, Storage, Archive Recording/Video Recording Experience in court design is an important factor for the Town of Fountain Hills. Our team is equipped to meet your need to address this program and its complete design. Public Safety Experience - Public Safety Facilities are unique. The successful design of any public safety facility depends on understanding its uniqueness. Contrary to popular misconceptions held by many who are not familiar with the special needs of law enforcement, these facilities are not simply office buildings for cops. These buildings have a variety of unique architectural and engineering design requirements and must be inviting and friendly to citizens. We understand the unique character and requirements for public safety facilities, many of which are shared with no other building type. Discreet entries are frequently needed to accommodate informants and undercover agents. In addition, most public safety facilities include special communications and dispatch features. If short-term holding is required, this introduces another set of unique design requirements. Forensic laboratory spaces, whether they are full -service crime labs or limited to latent print and vehicle examinations, pose additional special design needs. This type of uniqueness necessitates special care and attention by a design team that understands the special needs of public safety. Public Safety Design Requirements - The public safety design staff at SmithGroup is familiar with the existing standards and publications that address the architectural and engineering design requirements for these unique facilities. Some of these publications include "Police Facility Planning Guidelines" by the International Association of Chiefs of Police. "Jail Design Guide" by the National Institute of Corrections, and the "Laboratory Accreditation Manual" by the American Society of Crime Laboratory Directors Laboratory Accreditation Board. At SmithGroup, our experience in the planning and design of public safety buildings has given us a comprehensive familiarity with the divisional structure of Multi -Purpose Municipal Facilities. We understand that this divisional structure may vary among different facilities, but some of the basic components of this structure are typical. Some of these typical public safety components might consist of the investigations, patrol, traffic, custody, communications, special operations, juvenile, property and evidence, crime lab, records, community services, administration and support services divisions. Because of these variables, it is important for the designers of these facilities to have a comprehensive understanding of the agency's organizational structure so that the facility can be designed to accommodate that specific structure, its operations and functions. Design Mission - Safety, security, efficiency and flexibility are our primary objectives in the design of Multi -Purpose Municipal Facilities. Design features which promote the safety of personnel are of paramount concern. We include comprehensive security features, both passive and electronic, designed to help protect staff and visitors. We seek to incorporate design features to enhance the efficient flow of personnel throughout the facility with the incorporation of design efficiency features, including proper adjacencies and practical circulation. Efficient circulation also includes features designed to restrict and separate in -custody persons from visitors and staff. e. List at least three, but not more than five, project examples (i) undertaken in the past five years by each Key Team Member's participating office and (ii) that are similar to the Project. Design/Build experience is of particular interest. The example project information must include: (i) Project Name (ii) Project Manager (iii) Project Designer (iv) Project Superintendent (v) Name any current staff that participated in the project and that would participate in this one. (vi) List the project's type, size, location, cost, method of delivery (design/build, design -bid- build or negotiated contract), completion date, estimated cost vs. final cost. (vii) List the name, title and telephone number of the primary representative of the client for each example project listed. viii Provide fact sheets, photos or sample reports to illustrate the project. HOLDER s.� i t. v s i'j_.��.ty i 6 .. City of Peoria Public Safety Building The principal goals for the project were to create a functional, durable and friendly environment that expresses a sense of civic pride and safety by using vernacular materials, classic lines and day lighted interiors. The existing Municipal campus marks a strong sense of place for the City. The use of complimentary materials, massing, roof structures and site orientation support the existing order of the environment. The vernacular used for the elevations relates back to historic buildings in the area and reinforces the local character creating a stronger sense of place. The building includes fire department administration as well as police headquarters and divisions for investigations, patrol, 911, communication and dispatch, training, forensic laboratory, administration, community services and special projects. A five lane firing range for proficiency testing and training of officers, which includes a control room, weapon cleaning stations and range of storage is also included. Project Manager: Kent Willcox Project Designer: Brian Perkins Current Staff: Greg Buchanan, Charles Crain, Brian Perkins, Linda Salzmann, Kent Willcox, Michael Mount Project Type: New Public Safety Administration Facility Project Size: 94,400 square feet Location: Peoria, Arizona Delivery Method: Design/Build Completion Date: October 2003 Estimated vs. Final Cost: $16.5 million vs. $18.5 million due to Owner scope changes Client Reference: Prisilia B. Ferreira, Deputy City Manager, 623.773.7329 City of Avondale City Hall Similarities to the Civic Center Phase II Project: Design/Build SmithGroup Team Multi -Purpose Municipal Facility Security Zones s Courtrooms Administration Space This new campus consists of: a new City Hall with 300-seat City Council Chambers, administrative offices and one -stop community services; a Regional Library; a Municipal Courts Building with two courtrooms, Clerk and a Public Safety Building to house the administrative and critical support facilities for the police department. This new seat of city government offers numerous opportunities for public activities in a park -like setting. The engineering systems for the project incorporate state-of-the-art wire management systems for electronic office integration, such as integrated conduit floor box distribution under raised floor, ceiling cable tray and conduit poke-thru system for landscape furniture systems. Lighting systems incorporate non -glare illumination approaches such as combination direct -indirect pendent lighting fixtures, deep parabolic fixtures in suspended ceilings and task lighting to supplement natural daylighting. Critical power systems include UPS and emergency back-up. The air-conditioning systems include high efficiency water-cooled packaged equipment with close zone control. Cost benefit analysis of design alternatives were modeled to optimize design. Project Manager: Kent Willcox Similarities to the Civic Project Designer: Brian Perkins Center Phase II Project: Current Staff: Greg Buchanan, Charles Crain, Brian Perkins, Linda Salzmann, 3 Design/Build Kent Willcox X SmithGroup Team Project Type: New City Complex a Multi -Purpose Project Size: 120,000 square feet Municipal Facility Location: Avondale, Arizona a Security Zones Delivery Method: Design/Build • Council Chambers Completion Date: January 2004 Courtrooms Estimated vs. Final Cost: $18 million estimated and final cost Administration Spacf Client Reference: Jeff Fairman, Economic Development, 623.932,6183 ext. 208 HOLDER Smi1. . rou�.�t 7 Fountainhead Corporate Park Project Manager: Project Designer: Project Superintendent: Current Staff: Project Type: Project Size: Location: Delivery Method: Completion Date: Estimated vs. Final Cost: Client Reference: The Holder/SmithGroup Design/Build Team is performing a build -to -suit program at the Fountainhead Corporate Park, a 175-acre Class A office park. Within the park there are 15 buildings containing 1.22 million square feet of office space. The initial phase includes a three-story, 120,000 square foot office building that is under design. In addition to the office building, it will have 600 surface parking spaces. We are also providing necessary materials to effectively market and promote the building. Such materials include site plans, floor plans, elevations, general building specifications and renderings. Kent Willcox Miguel Berastegui Greg Mitchell with Holder Construction Charles Crain, Kent Willcox, Eric Kirkland, Bamey Bagby New Build -to -Suit Office Building 120,000 square feet Tempe, Arizona Design/Build TBD $9 million estimated cost Bill Rogalski, Facilities Management, Amberjack, Ltd., 309.766.0688 MCI Phoenix Processir l a r Center Similarities to the Civic Center Phase II Project: • Design/Build • Holder/SmithGroup Team • Administration S ace This Holder/SmithGroup Design/Build, Fast -Track project is a two-story, 55,000 square foot poured -in -place facility that included the installation of 36,000 square feet of raised flooring, three DC power generation plants, two 2 KW engine generators, a 250-KVA UPS system and three 500-ton air-cooled chillers. Project Manager: David Slattery Project Designer: Craig Randock Project Superintendent: Greg Mitchell with Holder Construction Current Staff: Eric Kirkland, Barney Bagby Project Type: Technology Center Project Size: 55,000 square feet Location: Phoenix, Arizona Delivery Method: Design/Build Completion Date: April 2001 Similarities to the Civic Center Phase II Project: • Design/Build • Holder/SmithGroup Team • Fast -Track • Security Zones • Site/Infrastructure Estimated vs. Final Cost: $13,400,000 estimated cost, $11, 535,563 actual costs due to preconstruction value analysis Client Reference: Bill Nice, Facilities Management, MCI WorldCom, 713.966.7692 a. Provide the full legal name and address of each Key Team Member for this Project and include the name, title, phone number, fax number and email address for the manager assigned to this Project. Dibble & Associates Consulting Engineers, Inc 2633 East Indian School Road, Suite 401 Phoenix, Arizona 85016 Project Manager: Kent E. Norcross, PE 602-957-1155 (phone) 602-957-2838 (fax) knorcross@dibblecorp.com 3 CO -1 HOLDER n i h _.`f 1;"oup 8 f b. Provide the date and state of incorporation or organization of each Key Team member Firm and state how long the company has been in operation (both nationally and locally). Dibble & Associates was incorporated October 1962, in Arizona. We have been in operation for over 41 years. c. Provide the number of full time employees of each Key Team Member Firm (both nationally and locally). Dibble currently has 48 employees, all of whom are in Phoenix. d. State each Key Team Member Firm's philosophy and area of specialization. Dibble's philosophy centers on developing and maintaining long-term relationships with our clients. Our Mission Statement further reflects this commitment: To provide quality, timely, and value -priced consulting services beyond our client's expectations. This philosophy has resulted in approximately 90% of our work coming from repeat clients. For over 41 years, we have built an excellent reputation as a leader in the field of civil engineering. We offer Site Master Planning, Alternative Project Delivery Methods, Grading and Drainage, Street Improvements, Vehicular and Pedestrian Circulation, Traffic Analysis, At -grade and Elevated Parking, Retention/Detention Facilities, Water/Sewer Modeling, Water Supply and Services, Sewer Collection and Services, Fire Protection Supply, Gas Services, NPDES/Storm Water Permits, and Storm Water Pollution Preservation Plans. Dibble's dedication to meeting deadlines on all projects, no matter what the size or budget, has culminated in a reputation for providing quality engineering infrastructure and construction services within the industry. e. List at least three, but not more than five, project examples (i) undertaken in the past five years by each Key Team Member's participating office and (ii) that are similar to the Project. Design/Build experience is of particular interest. The example project information must include: (i) Project Name (ii) Project Manager (iii) Project Designer (iv) Project Superintendent (v) Name any current staff that participated in the project and that would participate in this one. (vi) List the project's type, size, location, cost, method of delivery (designibuild, design -bid -build or negotiated contract), completion date, estimated cost vs. final cost. (vii) List the name, title and telephone number of the primary representative of the client for each example project listed. viii Provide fact sheets, photos or sample reports to illustrate the project. Fountainhead Corporate Park Dibble & Associates is part of the Holder/SmithGroup Design/Build Team performing a build -to - suit program at the Fountainhead Corporate Park, a 175-acre Class A office park. The initial phase includes a three-story, 120,000 square foot office building that is currently under design. Project Manager: Kent Norcross, PE Project Designer: SmithGroup Project Superintendent: Greg Mitchell with Holder Construction Current Staff: Kent Norcross, Jacson Mikkelsen Project Type: New Build -to -Suit Office Building Project Size: 120,000 square feet Location: Tempe, Arizona Delivery Method: Design/Build Completion Date: TBD Estimated vs. Final Cost: $9 million estimated cost Client Reference: Bill Rogalski, Facilities Management, Amberjack, Ltd., 309,766.0688 Similarities to the Civic Center Phase II Project: • Design/Build • Holder/SmithGroup Team Administration Space Smith gg° HOLDER fl A MCI Phoenix Processing Center This Holder/SmithGroup Design/Build, Fast -Track project is a two-story, 55,000 square foot poured -in -place facility that included the installation of 36,000 square feet x of raised flooring, three DC power generation plants, two 2 KW engine generators, a 250-KVA UPS system and three 500-ton air-cooled chillers. This data center/switch tl, facility was constructed to provide co -location space and increase MCI's telephone exchange capacity. Dibble performed civil engineering for this project. Project Manager: Project Designer: Project Superintendent: Current Staff: Project Type: Project Size: Location: Delivery Method: Completion Date: Estimated vs. Final Cost: Client Reference: Ken Snyder, PE SmithGroup Greg Mitchell with Holder Construction Ken Snyder, PE, Jeff McBride, PE Technology Center 55,000 square feet Phoenix, Arizona Design/Build April 2001 Similarities to the Civic Center Phase II Project: ■ Design/Build ■ Holder/SmithGroup Team ■ Fast -Track ■ Security Zones ■ Site/infrastructure $13,400,000 estimated cost, $11, 535,563 actual costs due to preconstruction value analysis Bill Nice, Facilities Management, MCI WorldCom, 713.966.7692 Citv of Peoria Public Safety Building Dibble & Associates provided all civil engineering elements for this Design/Build project that designed and constructed the Public Safety Building. The building includes fire department administration as well as police headquarters and divisions for investigations, patrol, 911, communications and dispatch, training, forensic laboratory, administration, community services and special projects. The project also includes a five lane firing range for proficiency testing and training of officers. The range includes a control room, weapon cleaning stations, and range of storage. Project Manager: Kent Norcross, PE Project Designer: Brian Perkins with SmithGroup Current Staff: Kent Norcross, PE; Jeff McBride, PE Project Type: New Public Safety Administration Facility Project Size: 94,400 square feet Location: Peoria, Arizona Delivery Method: Design/Build Completion Date: October 2003 Estimated vs. Final Cost: $16.5 million vs. $18.5 million due to Owner scope changes Client Reference: Dan Nissen, Assistant City Engineer, 623.773.7210 City of Avondale City Hall This new campus consists of: a new City Hall with 300-seat City Council Chambers, administrative offices and one -stop community services; a Regional Library; a Municipal Courts Building with two courtrooms, Clerk and a Public Safety Building to house the administrative and critical support facilities for the police department. Dibble & Associates completed all site civil engineering. Project Manager: Kent Norcross, PE Project Designer: Brian Perkins with SmithGroup Current Staff: Kent Norcross, PE, Jeff McBride, PE Project Type: New City Complex Project Size: 120,000 square feet Location: Avondale, Arizona Delivery Method: Design/Build X11; - HOLDER Completion Date: January 2004 Estimated vs. Final Cost: $18 million estimated and final cost Client Reference: Mike Smith, Assistant City Engineer, 623.932.1909 a. Provide the full legal name and address of each Key Team Member for this Project and include the name, title, phone number, fax number and email address for the manager assigned to this Project. Floor & Associates Project Manager: 1425 N.orth1st Street, Second Floor Rick Jones Phoenix, Arizona 85004 602.462.1425 (phone) 602.462.1425 (phone) 602.462.1427 (fax) 602.462.1427 (fax) rick@floorassociates.com b. Provide the date and state of incorporation or organization of each Key Team member Firm and state how long the company has been in operation (both nationally and locally). Floor & Associates has been in operation since its incorporation in the State of Arizona in September of 1997. c. Provide the number of full time employees of each Key Team Member Firm both nationally and locally). Floor & Associates currently employs seven full-time employees, all in Phoenix. i d. State each Key Team Member Firm's philosophy and area of specialization. —� Floor & Associates, Inc. is a Phoenix based Landscape Architecture and Planning firm. Since its inception in 1997, the firm's prime focus has been providing quality design services for project types ranging from large scale regional parks and master planned communities to detailed courtyard and healing gardens. The firm is dedicated to collaborating with clients to reinvent the places where we live, learn, work and play, while respecting our sensitive environment. Floor & Associates has been involved in a number of public and private projects that have been recognized for design excellence by such organizations as the Valley Forward Association and the American Society of Landscape Architects. Such projects include the Elsie McCarthy Sensory Garden, Herberger Theater, The Acme Building, Finova, Pinnacle Peak Park and Desert Lives at the Phoenix Zoo, which received the 2000 President's Award for Environmental Design Excellence from the Valley Forward Association. The Principals of Floor & Associates, Kristina Floor and Christopher Brown, have each practiced Landscape Architecture in the Valley for over 20 years. During such time, they have been directly responsible for the design of more than 50 public facilities and parks including Troon North District Park Master Plan, Pinnacle Peak Park, Troon North Park, McDowell Mountain Regional Aquatics Center, Scottsdale Stadium, Rio Montana Park, Desert Mountain and Desert Garden in Scottsdale; Paseo Park and Elsie McCarthy Sensory Garden in Glendale; The Phoenix Zoo, Puerto Park, Hayden Park and Esteban Park Master Plan in Phoenix; San Marcos Park and Quail Haven Park in Chandler; and Mariposa Basin Regional Park in Albuquerque. In 2000, the firm purchased and completely renovated the historic Acme Building located in the heart of Phoenix's Art District creating an environment that is inspirational to work in and that speaks of our profession. We believe work has to be fun and that we must collaborate with others that share our passion for what we do. The firm is certified as a Woman Owned Business with the City of Phoenix, Maricopa County and the State of Arizona. e. List at least three, but not more than five, project examples (i) undertaken in the past five years by each Key Team Member's participating office and (ii) that are similar to the Project. DesignBuild experience is of particular interest. The example project information must include: (i) Project Name (ii) Project Manager (iii) Project Designer (iv) Project Superintendent (v) Name any current staff that participated in the project and that would participate in this one. i List the ro' ct's type, size, location, cost, method of delivery desi nibuild, desi n•bid.build or negotiated contract), completion date, estimated HOLDER Smith cost vs. unai cost. (vii) List the name, title and telephone number of the primary representative of the client for each example project listed. (viii) Provide fact sheets, photos or sample reports to illustrate the project Apache junction Town Hall and Courts Complex This new complex for the Town of Apache Junction will allow the town to consolidate many of their J'.1. uses onto one site. The project includes a new Courts Complex, Council Chambers, Development Services and Building Safety Department and Human Resources. Each of these facilities will be focused on a central courtyard that will serve as an outdoor lobby as well as additional space for events. As the site is nestled within some of the prime desert of the region, our goal is to protect as 1 much of the native vegetation as possible and treat the new landscape areas with native materials enhanced by regional materials to provide year-round color and texture, as well as to provide an opportunity to include a demonstration garden for public education. A strong emphasis on utilizing ecological design principals is a key part of the design. This project will be registered with the US Green Building Council's LEEDTM Program, Project Manager: Rick Jones Project Designer: Kris Floor Current Staff: Rick Jones, Kris Floor Project Type: Multi -Purpose Municipal Facility Project Size: 10 Acres Location: Apache Junction, Arizona Delivery Method: Design/Build Completion Date: March 2005 Estimated vs. Final Cost: $300,000 estimated and completed landscaping cost Client Reference: Ray DelZotto, Project Manager, Pinnacle One, 480.394.0335 Crossroads Center at Prescott College Prescott College's new Crossroads Center is being designed to facilitate the following functions: Information Commons, Campus Cafe, Classrooms, Social Spaces, Quiet Spaces, Multifunctional Meeting "{ Space, Administrative/Conference Service Facilities and an Outdoor Amphitheater. The facility will be the =° primary conduit through which the College engages the greater community through conferences, meetings, and other events. It will also facilitate and act as the central gathering point for the campus - learning community. The project is sited adjacent to the College's Administration Building and Butte Creek and the design team is working to integrate the existing facilities into the new Center. The creek and adjacent outdoor spaces are to be fully incorporated into the design and functionality of the facility. The Crossroads Center is being designed with a strong emphasis on utilizing ecological design principals. The project is registered with the US Green Building Council's LEEDTM Program with the goal of achieving a certification level of Gold or Platinum. Project Manager: Project Designer: Current Staff: Project Type: Project Size: Location: Delivery Method: Completion Date: Estimated vs. Final Cost: Client Reference: Rick Jones Kris Floor Rick Jones Higher Education Multi -Purpose Space 20,000 square feet Prescott, Arizona Design/Build Fall 2004 Estimated $3 million. The project is not complete. Steven Corey, Project Manager, 928.776.5136 HOLDER ill i t Similarities to the Civic Center Phase II Project: • Environmentally Responsive Design • Native Plant Palette • Water Harvesting • Permaculture • LEEDTM Registration Translational Genomics Research Institute/IGC This project is the first phase of an overall master planned campus that is being developed by the City of Phoenix for TGEN. Located at the northeast entry to Copper Square, the site will be developed for six office and lab buildings with associated parking, focused on a central green that will serve as the main gathering space for the entire site. The southern end of the site will be developed with an educational component relating to Arizona State University's downtown campus, which is just south of the site. The vision for this project was established through a series of imaging sessions attended by the City of Phoenix and the entire design team which defined the project's goals and objectives and which has Courtyard Planserved as the "vision touchstone" throughout the design process. The facilities and site amenities will be connected by a series of shaded pedestrian walks providing links to the educational component of the site as well as to the surrounding uses within its urban context. Similar colors, textures, materials, and forms are used throughout the site to reinforce the campus atmosphere. Project Manager: Rick Jones Project Designer: Kris Floor Current Staff: Rick Jones Project Type: Offices and Research Laboratories Project Size: 10 acres Location: Phoenix, Arizona Delivery Method: Design/Build Completion Date: Fall 2004 Estimated vs. Final Cost: $300,000 landscape budget. The project is not complete. Client Reference: Jason Harris, Project Manager, 602.262.6004 Similarities to the Civic Center Phase II Project: Environmentally Responsive Design Regional Plant Palette a. Provide the full legal name and address of each Key Team Member for this Project and include the name, title, phone number, fax number and email address for the manager assigned to this Project. j Paul -Koehler Consulting Structural Engineers, Inc. Project Manager: 7434 East McDonald Drive Clifford R. Paul, PE, SE Scottsdale, Arizona 85250 480.922.8854 (phone) 480.922.8854 (phone) 480.922.3739 (fax) 480.922.3739 (fax) cpaul@paulkoehler.com b. Provide the date and state of incorporation or organization of each Key Team member Firm and state how long the company has been in operation (both nationally and locally). Paul Koehler was incorporated in Arizona in October 1992. We have been in operation for over 11 years. c. Provide the number of full time employees of each Key Team Member Firm (both nationally and locally). Paul -Koehler has 82 employees in Arizona, Texas, Nevada and Colorado. Our Scottsdale (corporate office), has 49 employees, 45 of which are full-time. d. State each Key Team Member Firm's philosophy and area of specialization. Philosophy and Specialization - Paul -Koehler provides the design and building industry a creative alternative in structural engineering services. Our approach is not to stay within the confines of conventional ideas, but to investigate new ideas on each individual project while utilizing state -of-the-art proven concepts. We are committed, creative and cost-conscious. e. List at least three, but not more than five, project examples (i) undertaken in the past five years by each Key Team Member's participating office and (ii) that are similar to the Project. Designf8uild experience is of particular interest. The example project information must include: (i) Project Name (ii) Project Manager (iii) Project Designer (iv) Project Superintendent (v) Name any current staff that participated in the project and that would participate in this one. HOLDER d. i # .d h(1 I' l l )11 1) 11 3 (VI) List the project's type, size, location, cost, metnod of delivery (design/build, design -bid -build or negotiated contract), completion date, estimated cost vs. final cost. (vii) List the name, title and telephone number of the primary representative of the client for each example project listed. viii Provide fact sheets, photos or sample reports to illustrate the project. Project Manager: Project Designer: Current Staff: Project Type: Project Size: Location: Delivery Method: Completion Date: Public Safety Building Paul -Koehler provided all structural engineering elements for this Design/Build project that designed and constructed the Public Safety Building. The building includes fire department administration as well as police headquarters and divisions for investigations, patrol, 911, communications and dispatch, training, forensic laboratory, administration, community services and special projects. The project also includes a five lane firing range for proficiency testing and training of officers. The range includes a control room, weapon cleaning stations, and range of storage. Clifford Paul Brian Perkins with SmithGroup Clifford Paul New Public Safety Administration Facility 94,400 square feet Peoria, Arizona Design/Build October 2003 Estimated vs. Final Cost: $16.5 million vs. $18.5 million due to Owner scope changes Client Reference: Prisilia B. Ferreira, Deputy City Manager, 623.773.7329 Similarities to the Civic Center Phase II Project: • Design/Build • SmithGroup Team • Municipal Multi - Purpose Facility • Security Zones • Courtrooms City of Avondale City Hall - This new campus consists of: a new City Hall with 300-seat City Council Chambers, administrative offices and one -stop community services; a Regional Library; a Municipal Courts Building with two courtrooms, Clerk and a Public Safety Building to house the administrative and critical support facilities for the police department. Paul -Koehler completed all structural engineering for the building. Project Manager: Clifford Paul Project Designer: Brian Perkins with SmithGroup Current Staff: Clifford Paul Project Type: New City Complex Project Size: 120,000 square feet Location: Avondale, Arizona Delivery Method: Design/Build Completion Date: January 2004 Estimated vs. Final Cost: $18 million estimated and final cost Client Reference: Jeff Fairman, Economic Development, 623.932.6183 ext. 208 MCI Phoenix Processing Center Similarities to the Civic ° Center Phase II Project: • Design/Build • SmithGroup Team • Municipal Multi - Purpose Facility • Security Zones • Council Chambers • Courtrooms • Administration Space This Holder/SmithGroup Design/Build, Fast -Track project is a two-story, 55,000 square foot t poured -in -place facility that included the installation of 36,000 square feet of raised flooring, three DC power generation plants, two 2 KW engine generators, a 250-KVA UPS system and three 500- :� ton air-cooled chillers. Paul Koehler provided all structural engineering services for the facility. Project Manager: Clifford Paul Project Designer: SmithGroup Project Superintendent: Greg Mitchell with Holder Construction Current Staff: Clifford Paul Project Type: Technology Center Project Size: 55,000 square feet Location: Phoenix, Arizona Delivery Method: Design/Build Completion Date: April 2001 HOLDER SiM i ' i t t 14 Estimated vs. Final Cost: $13,400,000 estimated cost, $11, 535,563 actual costs due to preconstruction value analysis Client Reference: Bill Nice, Facilities Management, MCI WorldCom, 713.966.7692 B. Team Cyruanization b 11. Provide an orcanizational chart for the Team. The team organization chart is shown below. Kitchell CEM Tim Pickering Construction Manager Town Manager Don Thumith Project Manager Michael Mount, AIA Public Safety ..__ . _._ . _ ___.______ , Bill Headley Specialist John Redmond MunicipaVJustice Project Director Specialist Chartes Crain_____.____ _.._.__.._. Court Specialist/PIC DESIGN TEAM I I CONSTRUCTION TEAM Kent Willcox i Jeff Mason Project Manager j Senior Project Manager Brian Perkins Greg Mitchell Designer Superintendent Greg Buchanan, AIA Keyvan Ghahreman, LEED Project Architect Preconstruction Manager i Linda Satzmann, IIDA Interiors [ Subcontractors Eric IGrkland, PE I Lead Mechanical Engineer Barney eagby, PE' Holder Construction Staff Lead Electrical Engineer Jeff Stanton, AIA, LEED _ SmithGroup Staff QA/QC E-1 Consultants Subcontractors Kent Norcross, PE Civil Engineering Dibble &Associates Rick Jones, LAIT Landscape Architect F,bor & Associates Clifford Paul, PE, SE Structural Engineer Paul Koehler HOLDER sl i # t h I ..,o 115 2. Provide resumes for the KEY project personnel from the Lead Firm and Additional Key Team Members proposed for the Team. (NOTE: The Town intends to contractually obligate the proposer to assign those named project managers to this Project for its duration) The Holder/SmithGroup Team is well-balanced and has unique capabilities to assist with each phase of the planning, preconstruction and construction of the Civic Center Phase II project. In addition to our "Best of Class" design, preconstruction and construction Team -Approach services and knowledge of the requirements of the Town of Fountain Hills, we bring valuable" lessons learned" knowledge to this project. This results in the most efficient, cost effective facility delivered in the least amount of time. In building our project team, we selected the individuals from Holder and SmithGroup whose expertise is Design/Build, Fast - Track, Turn -Key, Multi -Purpose Municipal Facilities projects similar to the Town of Fountain Hills Civic Center Phase II.Our team's combined experience on these types of programs will ensure information flows between design and construction and is translated into an efficient building process. The Holder/SmithGroup Design/Build Team combines the talents of exceptionally qualified and knowledgeable firms: Holder for Project Management and General Construction, and SmithGroup for Engineering and Architectural Design. Together, we offer the Town of Fountain Hills the "best of the best" in each individual we are committing to the Civic Center Phase II project. Our experience together as a team includes work on MCI, Fountainhead Corporate Park, America West Corporate Headquarters, Northern Arizona University College of Engineering and Technology and Sky Harbor International Airport Technology Building and Cabling Infrastructure. Each firm shares similar business philosophies, a strong team work ethic, and a reputation for delivering on the commitments we make to our clients. Each member of our team is experienced in their respective roles under a Design/Build Approach. Holder will take the lead on behalf of our Design/Build Team. Holder will hold all contracts and be responsible for the management and performance of our Design/Build Team and the ultimate turn -key delivery of the facility. SmithGroup will provide all architectural and engineering services as a consultant to Holder. They will be fully involved throughout the process, with seamless lines of communication between the Town of Fountain Hills, Kitchell CEM, Holder, SmithGroup and our other consultants. Our team is backed by senior management and the full resources of each firm, and brings a personal commitment and dedication to making your project successful. Our core team has extensive experience on multi -purpose municipal facilities. Our team will be together from the beginning of our involvement through project completion. Each team member has a role and responsibilities to complete during preconstruction, construction, commissioning and occupancy of the project. Following are resumes of Key Team Members, which highlight their relevant experience. John Redmond - Project Director John was chosen for this project because of his DesignlBuild process expertise, his extensive experience with the SmithGroup, and knowledge of the Arizona market. He has been responsible for over $450 million worth of construction in Arizona, totaling over 3.2 million square feet. As Project Director, John is responsible for assuring that the needs and requirements of the Town of Fountain Hills are being met. John will also ensure that the necessary resources for the project's success are applied as required. Relevant Experience Pro'ecLt _ Statistics Similarities Fountainhead - 120,000 sf - Design/Build Corporate Park - 3-story Building - Holder/SmithGroup - Design/Build Team - Administration Space MCI Processing Center Statistics • 55,000 sf ■ Constrained Site M Design/Build * Fast -Track Similarities Design/Build Holder/SmithGroup Team Fast -Track Security Zones Site/Infrastructure Improvements HOLDER F 1 1:. i r ,-; 46 f Maricopa County ■ 54,000 sf - Multi -Purpose Public Health and - Multi -Purpose Municipal Facility I Environmental County - Security Zones Services Facility Government - Holder Team I Facility - Administration I Space L- Site/infrastructure i IT rovements Rome/Floyd - 55,000 sf - Fast -Track County Law - Multi -purpose - Holding Cells Enforcement Public Safety Multi -Purpose Center Facility Municipal Facility Administration Space - Sitelinfrastructure Improvements Bill Headley — Municipal/justice Facilities Specialist Bill was chosen for this project because he has extensive experience on Municipal/Justice Facilities delivered under a Design/Build/Fast-Track approach. His responsibilities for this project will include providing leadership and knowledge gained on Multi -Purpose Municipal Facilities, Justice Facilities, and Courthouses, and sharing that experience with the Team. Relevant Experience Project Statistics Similarities Kennesaw City _ - 16,000 sf Addition - Design/Build Hall Expansion - Multi -Purpose - Fast -Track I Municipal Facility - Multi -Purpose - Police Facility Municipal Facility i - Security Zones - Municipal Courts Project Statistics Similarities_ Rome/Floyd _ _ - 55,000 sf - Fast -Track County Law - Multi -Purpose - Holder Team Enforcement Public Safety - Holding Cells Center Facility - Multi -Purpose Municipal —----- —__ Facility Jackson County - 115,000 sf - Team Approach Great Oaks - 156,000 sf - Team Approach Courthouse - Courtrooms - Fast -Track Center - Office Park - Turn -Key - Public Safety - Security Zones - Full Build Out - Multi -Purpose - High Security - Multi -Purpose Facility Municipal Facility , .., Jeff Mason — Senior Project Manager Jeff was chosen for this project because of his Design/Build experience and his proven ability to work well with SmithGroup. As Project Manager, Jeff manages Holder's team throughout preconstruction and construction. He will manage the overall preconstruction process to ensure that the design matches the budget and purchasing supports the overall schedule. He will ease the transition from design and preconstruction to construction while overseeing all management functions. During preconstruction he works closely with the owner and designer to ensure timely completion of all estimating and value engineering and scheduling services. During construction, he provides daily on -site management from project start- up through final completion of the project. Jeff is responsible for all administrative functions and works closely with the project superintendent. He is the point person for all project related issues during both the preconstruction and construction phases. Relevant Experience • Project Statistics Similarities _ Fountainhead - 120,000 sf - Design/Build Corporate Park - 3-Story Building - Holder/SmithGroup - Design/Build Team j - Administration Space Maricopa County - 54,000 sf - Multi -Purpose Public Health and - Multi -Purpose Municipal Facility Environmental County - Security Zones Services Facility Government - Holder Team Facility - Administration Space - Site/Infrastructure Improvements Project Similarities _Statistics MCI Processing - 55,000 sf ■ Design/Build Center ■ Constrained site - Holder/SmithGroup - Design/Build Team - Fast -Track - Fast -Track - Security Zones - Site/Infrastructure Improvements —� America West ■ 225,000 sf ■ Holder/SmithGroup Airlines ■ CM at Risk Team Corporate - Multi -use - Fast -Track Headquarters spaces ■ Turn -Key - Security Issues - Security Zones - Turn -key project q�y 4 3 p y HOLDER c.,.3 3 iM . l d' E. Greg Mitchell - Superintendent Greg was selected for this project for his specific experience on Design/Build/Fast-Track schedules, his r.. understanding of MEP systems, and his experience in the Arizona market and with the project team members. As Superintendent, Greg is responsible for all day -today field -related activities and provides leadership to the project team in the field. He manages quality and safety as well as maintaining adherence to the project schedule. His responsibilities include daily monitoring of trade contracts, coordinating subcontractor and trades' onsite work forces, inspecting work to ensure conformance with specifications, attending scope meetings, establishing staging requirements, and implementing staging and logistics plans. He is also responsible for daily coordination with the Town of Fountain Hills and Kitchell CEM and for the overall quality of the project. Relevant Experience Project ...... ... ...... _.- Statistics --- Similarities . j MCI Processing ■ 55,000 sf - Design/Build Center ■ Constrained Site • Holder/SmithGroup - DesignlBuild Team - Fast -Track • Fast -Track • Security Zones • Site/Infrastructure _Improvements Project Statistics Similarities _ Fountainhead - 120,000 sf •-DesignlBuild Corporate Park - 3-Story Building - Holder/SmithGroup • Design/Build Team - Administration Space America West - 225,000 sf •Holder/SmithGroup Northern Arizona - 89,000 sf • Team Approach Airlines Corporate w CM at Risk Team University - Multi -Use • Work with Headquarters - Multi -use spaces - Fast -Track I College of Education SmithGroup - Security Issues - Turn -Key Engineering & Facility - Turn -key project - Security Zones j Technology - CM at Risk II Renovation • Fast -Track Keyvan Ghahreman, LEEDTm Accredited — Preconstruction Manager Keyvan was selected for this project for his preconstruction expertise and his knowledge of the Arizona market. He has provided preconstruction services on projects totaling over $1 billion. Keyvan will work closely with the team on all preconstruction activities. His responsibilities are focused on the day-to-day aspects of managing the preconstruction process. He provides estimating, value analysis, schedule development and tracking, scope coordination, constructability review, design/purchasing coordination, and develops a GMP. Relevant Experience Project Statistics Similarities Fountainhead - 120,000 sf - Design/Build Corporate Park - 3-Story Building - Holder/Sm ith Group j - Design/Build Team - Administration Space Maricopa County - 54,000 sf - Multi -Purpose Public Health and - Multi -Purpose Municipal Facility Environmental County - Security Zones Services Facility Government - Holder Team Facility - Administration Space • Site/Infrastructure Improvements _ Project Statistics Similarities MCI Processing - 55,000 sf - Design/Build Center ■ Constrained Site - Holder/SmithGroup - Design/Build Team • Fast -Track - Fast -Track - Security Zones ■ Site/infrastructure Improvements America West - 225,000 sf • Holder/SmithGroup Airlines - CM at Risk Team Corporate - Multi -Use - Fast -Track Headquarters Spaces - Turn -Key - Security Issues - Security Zones - Turn -Key Project Kent Willcox — A/E Project Manager Kent has 29 years of experience managing design and construction. He has proven expertise in coordinating and managing all phases of a wide variety of types and sizes of complex projects. His work includes government, office, educational, retail, commercial and restaurant projects. HOLDER Sm lith.".�'!'Oi, P lt3 Relevant Experience e Project Statistics Similarities Project Statistics Similarities Peoria Public • 94,000 sf - Design/Build Surprise Public • 23,000 sf • Multi -Purpose Safety Facility - Public Safety • Fast -Track Safety •Courtrooms Municipal Facility Facility � Turn -Key Building/Evidence • Police Facility - Security Zones j - FF&E Storage Facility - Security - Design/Build i - Multiple Users Avondale City - 120,000 sf • Design/Build Safeway Deer - 110,000 sf - Fast -Track Complex - Multi -Use Facility • Security Zones Valley Corporate - Tenant Finish - Multi -Purpose - Courtrooms - Fast -Track Center • Fast -track Facility - Public Safety - Multi -Purpose • Multiple Uses - Interiors Municipal Facili �_ _ 1 Michael Mount, AIA — A/E Public Safety Specialist Michael has over 27 years of diversified architectural and planning experience. The past 16 years of his experience has been devoted exclusively to law enforcement facilities, including police headquarters, police precincts and substations, forensic laboratories, coroner/medical examiner facilities, and public safety training academies. His experience ranges from relative small remodels and additions to comprehensive law enforcement facilities. Relevant Experience Project _ Statistics Similarities _ Project Statistics Similarities Honolulu Police - 264,000 sf � Multi -Purpose Peoria Public - 94,000 sf • Design/Build Headquarters & - Needs Municipal Facility Safety Facility • Public Safety - Fast -Track i Statewide Forensic Assessment 4 Security Zones Facility - Turn -Key Science - Design z Holding Areas - FF&E Laboratory Consultation • Multiple Users _ • Surprise Public - 23,000 sf • Multi -Purpose Avondale City - 120,000 sf - Design/Build Safety - Courtrooms Municipal Facility Complex ■ Multi -Use Facility - Security Zones Building/Evidence # Police Facility Security Zones - Courtrooms - Fast -Track Storage Facility • Security • Public Safety Multi -Purpose Municipal Facility • Charles Crain — A/E Court Specialist & Principal -In -Charge Charles has 31 years of experience in all project phases and responsibilities. He is a SmithGroup Studio Leader for government, mixed use, corporate and urban and community planning projects. Charles is skilled in the management and coordination of all professional disciplines from conceptual design to close-out, as well as for master planning, feasibility studies, programming, space planning, interior design and FF&E. Project delivery methods for these projects have included Fast -Track, Design/Build. Relevant Experience Project____ Statistics Similarities Pr_o�ct _ __ Statistics _ Similarities Fountainhead - 120,000 sf - Design/Build Peoria Public • 94,000 sf ■ Design/Build Corporate Park - 3-Story Building - Holder/SmithGroup Safety Facility - Public Safety - Fast -Track - Design/Build Team Facility - Turn -Key • Administration • FF&E Space • Multiple Users Maricopa County/City of Surprise Joint Use Government Center - 1,400,000 sf - Multi -Purpose Municipal Facility - 30 Year Build Out Plan • Courtroom - Multi -Purpose Municipal Facility - Security Zones - Courtrooms Avondale City - 120,000 sf ■ Design/Build Complex - Multi -Use Facility - Security Zones - Courtrooms • Fast -Track - Public Safety - Multi -Purpose Municipal Facility X..L.ER m ith. � xo .f 19 N Brian Perkins — A/E Designer Brian has 14 years of design experience. He has been responsible for the development and maintenance of design concepts to ensure the integrity of the function, form and the building systems developed for the design solutions. Relevant Experience Pro'ect J Statistics Similarities Pro.ect Statistics Similarities — ---- 3 Peoria Public • 94,000 sf __. . _ _ __. • Design/Build - -_1_- _ Surprise Public _ ___.__.. ._......_. • 23,000 sf • Multi -Purpose Safety Facility • Public Safety - Fast -Track Safety . Courtrooms Municipal Facility ' Facility - Turn -Key Building/Evidence m Police Facility • Security Zones • FF&E Storage Facility - Security • Multiple Users Avondale City . 120,000 sf = Design/Build Complex . Multi -Use Facility • Security Zones ' Courtrooms Fast -Track j a Public Safety - Multi -Purpose I Municipal Facility I i Maricopa 1,400,000 sf Multi -Purpose County/City of • Multi -Purpose Municipal Surprise Joint Municipal Facility Use Government Facility • Security Zones Center • 30 Year Build • Courtrooms Out Plan • Courtrooms • Securi Greg Buchanan, AIA — A/E Project Architect Greg has 12 years of experience with a diverse background that incorporates all phases of architectural practice. His project responsibilities have ranged from Project Designer to full-time on -site Project Field Representative. As a senior Project Architect he has a well -developed knowledge of building materials and the construction process. His background includes government, corporate headquarters, sports facilities, and numerous educational projects. Relevant Experience Project Statistics Similarities I Peoria Public • 94,000 sf a Design/Build Safety Facility Public Safety - Fast -Track I Facility - Turn -Key FF&E j Multiple Users • Project Statistics Similarities _ Phelps Dodge _ - 440,000 sf • Multi -Use Tower a FF&E Spaces Multi -function • Turn -Key areas • 8-Level Parking Structure Avondale City • 120,000 sf _ ■Design/Build __] Safeway Deer • 274,000 sf • Team Approach Complex • Multi -Use Facility a Security Zones Valley Two • Regional Offices • Tum-Key • Courtrooms • Fast -Track i i • 1,350 Car • Interiors ■ Public Safety • Multi -Purpose I Parking Municipal Facility �Structure Linda Salzmann, IIDA — A/E Interiors Linda has worked as an interior designer for 25 years. During this time she has worked as a project designer and design team leader on a variety of government, educational, corporate, and healthcare projects. Her interiors experience includes project management, space planning, construction documentation, and finish and furniture selection. Relevant Experience Project _ _ Statistics Similarities Project _ Statistics Similarities Peoria Public . 94,000 sf • Design/Build ' Surprise Public • 23,000 sf • Multi -Purpose Safety Facility - Public Safety = Fast -Track Safety • Courtrooms Municipal Facility Facility - Turn -Key Building/Evidence • Police Facility • Security Zones • FF&E i Storage Facility ■ Security it Multiple Users X..L.ER Smith(,- ' ii i.,i (,-'s 170 U 20 Avondale City - 120,000 sf • Design/Build Mayo Clinic • 25,000 sf - Design/Build Complex * Multi -Use - Security Zones * Design/Build $ Interiors Municipal Facility Multi -Purpose Office Building Security Zones • Courtrooms Municipal Facili Eric Kirkland, PE — A/E Lead Mechanical Engineer Eric is head of Engineering Services for SmithGroup. With 23 years of experience, he has designed process piping, plumbing, and HVAC systems for various types of facilities. Relevant Experience Project Statistics Similarities Surprise Public * 23,000 sf a Multi -Purpose i Safety * Courtrooms Municipal Facility Building/Evidence * Police Facility * Security Zones Storage Facility * Security. E America West Airlines Corporate Headquarters Statistics 225,000 sf CM at Risk * Multi -Use Spaces * Security Issues * Tum-Kev Proia Similarities _ Holder/SmithGroup Team Fast -Track Turn -Key Security Zones Arizona Consolidation * Government i i Bank of America * 158,000 sf * Turn -Key Department of Plan for Phoenix Facilities j ! Relocation to - FF&E 4 Security Zones Transportation Metropolitan Security Zones Collier Center * Programming G Interior Design Strategic Facility Area * Administration *Test Fit Plan Space Space Planning Interior Design Barney Bagby, PE — A/E Lead Electrical Engineer Barney has over 31 years of experience in electrical engineering and leads our Phoenix electrical engineering team. His accomplishments include design and engineering of various government, educational, healthcare, commercial and industrial projects. His experience also includes project management; code studies; estimating; lighting system design; lighting system comparative analysis; fault current/coordination studies; medium voltage distribution systems; fire alarm systems; sound and intercommunications systems; nurse call systems; master clock systems; voice, video and data cabling systems (outside and inside plant); telephone systems, educational video distribution systems; security systems; touch screen control systems; door locking control systems, uninterrupted power systems and energy management systems. Relevant Experience Project Statistics Similarities _ _Project Statistics _Similarities Peoria Public * 94,000 sf * Design/Build Surprise Public * 23,000 sf * Multi -Purpose Safety Facility * Public Safety - Fast -Track Safety * Courtrooms Municipal Facility Facility * Turn -Key Building/Evidence • Police Facility * Security Zones * FF&E Storage Facility , Security ■ Multiple Users Avondale City - 120,000 sf Design/Build i Complex * Multi -Use Facility . Security Zones i $ Courtrooms - Fast -Track * Public Safety - Multi -Purpose ' Municipal Facility [ MCI Data Center * 55,000 sf * Design/Build * Constrained site * Holder/SmithGroup * Design/Build Team • Fast -Track • Fast -Track * Security Zones • Site/Infrastructure �_____ � Improvements Jeff Stanton, AIA, LEEDT' Accredited — A/E QA/QC/LEEDTM Jeff has 23 years of experience as project architect/manager on new and renovated buildings for both public and private sector clients in all phases of project development from programming through construction administration. Jeff also has a strong interest in promoting sustainable design, creating buildings that are energy efficient, resource efficient and that provide healthy indoor environments. r° HOLDER 1 1 L 1 9 P, � 21 Relevant Experience • Project Statistics Similarities Project Statistics Similarities i Maricopa County - 30,000 sf Multi -Purpose City of Phoenix Improvements to Multi Purpose j IHighway Traffic % Administrative Government Civic Plaza Symphony Hall Municipal Facility Operations Offices Facility Reconstruction & Convention • Safety Zones Building • Warehouse Administration Center = Administration �T • Workshop__._________...._Space Space City of Flagstaff • 436,700 sf •Multi -Use I FArizona • Consolidation • Government US Geological • Conceptual Campus Department of Plan for Phoenix Facilities Services Campus Planning & • Sustainable Transportation Metropolitan * Security Zones Architecture Design Strategic Facility Area a Administration • LEEDTM • Government Plan Space j Registered Facility Kent Norcross, PE — Civil Engineering Project Manager Kent serves as a Vice President of Dibble & Associates, and the Practice Leader for Dibble's Site Infrastructure Practice. With 15 years of experience in the construction industry and over 10 years of experience in civil engineering, Kent is responsible for the planning, design, and construction administration of projects in both the public and private arenas. With his extensive experience in Alternative Project Delivery Methods, Kent serves as Project Manager for Design/Build and Construction Manager at Risk projects in the public and private arenas within the Cities of Phoenix, Tempe, Chandler, Peoria, and Avondale, as well as educational projects for Arizona State University and the University of Arizona. Relevant Experience Project Statistics Similarities Project Statistics Similarities _ ..---___._ .. ___ �.. _--- — - Fountainhead • 120,000 sf - Design/Build Peoria Public • 94,000 sf . Design/Build Corporate Park • 3-Story Building Holder/SmithGroup Safety Facility • Public Safety - Fast -Track • Design/Build Team Facility • Turn -Key € Administration • FF&E I� Ste.._"Multiple Users _ Translations ■ 175,000 sf Design/Build Genomics ■ 350 Space „ Teamed with Research Institute Parking Lot SmithGroup and International - Design/Build Fast -Track E Genomics • Design of Civil Municipal Facility Consortium Site Elements USDA Arid Land 20 Acre Site Government I i Agricultural Civil Facility F Research Center Engineering • Teamed with Services SmithGroup • Extensive General Public Owner Safety Coordination Rick )ones, LAIT — Landscaping Project Manager Rick plays a key role in providing landscaping design support and documentation throughout the design process. His talents include coordinating the documents from schematic design through construction administration, providing color renderings to convey an overall design concept, and an acute knowledge of providing documents in AutoCad format. Relevant Experience Project Statistics Similarities_ Maricopa County • Natural Plant - Multi -Purpose Operations and Selection Government Maintenance • Regional Facility Building Materials b Security Zones • Security Concerns ■ Sustainable • Jogging & Design Walking Trails Project Statistics_ Similarities I Apache Junction — a 10-Acre Site • Multi -Purpose Town Hall . Multi -Purpose Municipal Facility Complex Facility • Security Zones Public Safety • Sustainable Native Plants Design I i HOLDER �, r � A� i 4 �,. S 0 1..1 ) ZZ The Crossroads Center at Prescott College * 20,000 sf * LEEDTM Registered Multi -Use Areas Sustainable Design Multi -Purpose Education Facility I ransiatlons ' 1 ID,UUU sT - uesign/buiia Genomics a Design/Build - Teamed with Research » Themed SmithGroup Institute and Landscaping Fast -Track International a Interpretive " Multi -Purpose Genomics Plazas Municipal Consortium Facllity Clifford Paul, PE, SE — Structural Engineering Project Manager For over 25 years, Clifford has performed engineering design, project management, value engineering and structural system selection for a wide variety of projects including city, county and state facilities, office campuses, office buildings, advanced technology, research labs, public facilities, parking structures, educational facilities, auditoriums, correctional facilities, cultural centers, mixed -use projects, libraries and other projects world-wide. Clifford and the firm have vast experience in Design/Build and Fast -Track projects. Relevant Experience Project Statistics Similarities MCI Data Center - 55,000 sf ■ Design/Build 4 Constrained Site ® Holder/SmithGroup Design/Build Team Fast -Track v Fast -Track Security Zones Site/Infrastructure Improvements Proiecl Translations Genomics Research Institute and International i Genomics i Consortium Statistics * 175,000 sf 350 Space Parking Lot • Design/Build . Themed Landscaping • Interpretive Plazas Similarities Design/Build Teamed with SmithGroup Fast -Track Multi -Purpose Municipal Facility (Avondale City • 120,000 sf • Design/Build Peoria Public ■ 94,000 sf • Design/Build Complex . Multi -Use Facility r Security Zones ! Safety Facility ' Public Safety " Fast -Track Courtrooms 1 , Public Safety x Fast -Track • Multi -Purpose Facility � Turn -Key FF&E ( Municipal Facility I • Multiple Users 3. If the Team has worked together on other projects, list the projects and members of the team who have worked together that would work on this Project. List references for these projects if different that those listed elsewhere. American West Airlines Corporate Headquarters: Joseph Pitchford, Independent Consultant, 602.385.6903 Vanguard Western Operations Campus: Jerry Lea, Hines, 713.966.7692 Northern Arizona University: Rich Bowen, Director Campus Planning & Development, 928.523.8831 Sky Harbor International Airport: Candace Huff, Civil Engineer, 602.273.2076 HOLDER cif, 23 this Proiect under the Our team's approach to the Town of Fountain Hills Civic Center Phase II project centers around providing unprecedented service and personal attention that is supported by our Design/Build experience and "lessons -learned" on Multi -Purpose Municipal Facility projects. As a member of Town of Fountain Hills Team, we will bring this comprehensive experience to all phases of the project. Simply put, our team's Design -Build strategy is to work under an extremely collaborative effort with all team members to design, engineer, construct and commission a facility which exceeds the Town of Fountain Hills' and Kitchell CEM's expectations. To accomplish this, the Civic Center Phase II must be delivered on budget, on time, "on -program", and with the quality requisite to function for many years. We require a team environment with active participation from the Town of Fountain Hills, Kitchell CEM, and the engineering, architecture and construction disciplines from the Holder/SmithGroup Team as Design/Builder. Keys to success include: Understanding your goals and expectations. ■ Clearly defining roles and responsibilities. Keeping everyone focused on what is in the best interest of the project. From our understanding of the critical issues of the project schedule and budget, we establish expectations not only for the facility but also for the process we are about to undertake. Your goals and expectations become the mission statement for the project. To clearly define the project and process, our Team assembles a written document that details the project parameters. This document is thorough, yet succinct, and provides the definition of the scope of work. Project Strategy — Keeping everyone focused on what is in the best interest of the project. Focus, by all team members, is essential to the success of the project. Keeping everyone focused on what is in the best interest of the project is the overriding principle of our management approach. We bring our knowledge of Multi -Purpose Municipal Facilities design requirements in the early developmental stages to identify critical systems and to develop realistic budgets and schedules from the very start of planning through each level of design and construction. Under a Design/Build delivery strategy, we offer our clients the single -point -accountability required to keep a project on track. Key areas of focus include: Planning ■ Architectural Program Planning • Site Planning/Landscaping ■ Facility Space Programming ■ Reliability Analysis ■ Concurrent Maintenance, Fault Tolerance ■ Expansion Flexibility ■ Public Access Coordination ■ Off -Site Improvements Architecture ■ Architectural Design ■ Computer -Aided Design/Graphics Structural Engineering Design ■ Foundation Design Structural Modifications Existing Conditions Surveys M Mechanical Engineering ■ Heating, Ventilating and Air Conditioning Systems ■ Refrigeration Systems ■ Fire Protection Systems ■ Plumbing Piping Systems Electrical/Data Engineering ■ Lighting Design ■ Communications Systems ■ Power Distribution Systems ■ Digital Information Systems ■ Video Systems ■ Security Systems Interior Design Space Planning Image Concepts ■ Interior Architectural Detailing ■ Furnishings, Fixtures and Equipment Coordination ■ Graphic Systems X..LDER T1 ith(,_.t `(.') _:i 24 2. Discuss how the Team will manage this Project and how it will communicate @ with its members and (H) with the Town. To manage the project and maintain the key issues of budget and schedule, Holder/SmithGroup will work closely with the Town of Fountain Hills and Kitchell CEM to define the project parameters. We bring our knowledge of Multi -Purpose Municipal Facilities design requirements to assist you in the early developmental stages, to identify critical systems and to develop realistic budgets and schedules from the very start of planning through each level of design and construction. Client Involvement - SmithGroup will meet with the necessary stakeholders in the effort to make accommodations for all needs of the building layout and program. These tasks will be documented through meeting notices, meeting summaries and other written communications. Responses and acknowledgement of public comments will be addressed in the study reports. The stakeholder process will, at a minimum, include the following components: Project Management Team - Together with the Town of Fountain Hills and Kitchell CEM, we will establish a Project Management Team that includes a representative from the Town of Fountain Hills, SmithGroup and Holder and any other critical parties. This team will meet regularly to discuss project progress. Core Team - A core team will be established that includes the members of the Project Management Team along with a representative from key stakeholder groups. The Core Team must include representatives from the key government departments and agencies. The meeting frequency will be determined by the core team. Collaborative Process - Whether the specific activity at hand is planning or design, our collaborative process works. At the heart of the process is what we call "workshops." These workshops are concentrated group sessions with the various client representatives of your choosing along with our architects, engineers, land planners, cost control experts and specialized consultants, as required. All sessions are normally conducted on the client's home base or at a place mutually convenient in order to enhance everyone's input and participation. These sessions normally last several days and bring our complete Team on location so that we can work with you to focus on the issues, needs, goals, and objectives in a highly interactive format. When Programming Ends and Design Begins - One of the most exciting points during our client workshops happens when we begin working together to translate our visual program and your vision into conceptual design drawings on your site and for the built project. The purpose of the design process is to provide graphic representations of your requirements. Holder's consistent budgeting is concurrent with the planning, programming and design. We begin to develop a detailed estimate of the cost for the project. All information is provided in an "open book" manner. With the use of our Budget Status Update, Value Analysis Log and our proven procedures, our team works towards achieving the best value without compromising the design intent or the function of each facility. With the Town of Fountain Hills' requirements understood, we are able to direct the estimating and cost control effort in accordance with those goals. From beginning to end, the Holder/SmithGroup Team focuses on maintaining control of the costs. To assure compliance with these goals, we focus on the following: Establish a Control Budget x Perform Continual Technical Analysis and Value Engineering Review Plans and Specifications Develop an Integrated Design, Construction and FF&E Schedule Identify and Pre -Order Long Lead Items Initiate Subcontractor and Supplier Selection Process Prequalification - Before the procurement process begins, we market the project to the community and prequalify trade contractors and vendors. Prequalification includes a detailed review of each firm with respect to: • Experience with similar projects • Proposed team's related experience Capacity Financial resources References Quality control procedures X HOLDER m.14 t.h�_JJIOU- 23 This process helps us determine the trade contractors and vendors who are capable of providing the work to meet specific project needs. Once a list of prequalified trade contractors has been assembled and reviewed by the team, we begin the procurement process. Trade Procurement — The Civic Center Phase II project will be an open book, team approach project. This process will involve the Town of Fountain Hills in our Trade Procurement at a level that ensures informed decision making. Trade Procurement Methodology — The Holder/SmithGroup Team's procurement philosophy is based on win -win relationships and a strong focus on the long term. This focus requires us to look beyond what is shown on the documents at any level of design and to anticipate what will be required when design is complete. To accomplish this we rely on clearly understanding Owner requirements, lessons learned from similar projects, constructability reviews, isolating and solving material and system conflicts between trades, and accounting for market conditions (labor and material availability), site logistics, and safety issues. Because we go to this level of detail and remove unknowns inherent in the construction, and because we meet our schedules, run efficient job sites, and do what we say we are going to do, we earn preferred status with vendors and subcontractors. This results in our ability to leverage better prices, quality and overall value for our clients. Keys to success in procurement include: Identify and focus on critical building systems and materials Detailed scoping to anticipate and resolve issues prior to award Lessons learned applied to scope process Purchase complete "end of day" costs for each trade MEP Services • Key to the successful delivery of the Town of Fountain Hills Civic Center Phase II project will be the coordination of the MEP scope of work. Holder's experience in Multi -Purpose Municipal Facility construction provides a knowledge base that is unparalleled. The MEP systems and equipment require early identification and design so they can be purchased and delivered matching need dates for construction. Bidding and Procurement of Long Lead Equipment - Our knowledge of the manufacturers and our experience working with each on numerous Multi -Purpose Municipal Facilities has earned Holder "preferred" status with many of the vendors. We support our clients' building programs in the area of equipment planning and procurement by focusing our efforts in the following areas: Identify Critical Building Systems Determine Equipment Schedule Requirements Including: Delivery Date Required Delivery/Transportation Time Frame Factory Witness Testing Fabrication Engineering/Shop Drawing and Approvals Bid and Award Design Bid Document Issue Date Establish Long -Lead Tracking Log Negotiate and Create Pre -Purchase Agreements Track Equipment through Manufacturing Visit Manufacturers and Inspect Equipment during Factory Testing Coordinate Delivery Inspect Installation Assist with Start-up, Testing and Training MEP Coordination — One of the most important element of Multi -Purpose Municipal Facility construction is the coordination of the MEP trades. There are literally miles of conduit, feeders, piping, ductwork, sprinkler and controls all trying to occupy the same space. Holder takes the lead in this coordination by bringing all parties to the table early and often. We facilitate -miHOLDER33Li Z{3 coordination through detailed 2D and 3D layout drawings that are reviewed weekly with the installing subcontractors and design engineers. Construction - It is essential that the team approach be continued throughout the construction process. This allows the team to maintain the information flow from design through construction to occupancy and operation. Holder Construction blends the preconstruction and construction phases together to ensure no exposures develop in the transition. Holder Construction will manage the construction process in accordance with the overall goals for the project, but we also realize that change is vital and necessary to make a project successful, so we strive to be flexible in our approach to completing a project. Testing and Commissioning - Holder's testing and commissioning program begins early in the project and is closely associated with the quality assurance program. Testing and commissioning is broken into five levels or phases. This process is managed by our Project Management Team and developed and implemented in cooperation with the Town of Fountain Hills, Kitchell CEM and the engineering team. Holder will incorporate the overall testing and commissioning plan into the project schedule and tracks the process using the schedule, equipment procurement logs, and equipment checklists. Specific procedures will be developed for the Civic Center Phase II project. Our testing and commissioning process provides the most reliable, problem free, facility possible and is a critical aspect of the overall process. a. Schedulin The project schedule represents the game plan of the GMP and how we intend to execute on the Civic Center Phase II project. A preliminary schedule has been prepared and is attached. We primarily deploy a "Gant" chart (bar chart) schedule. This schedule is developed using Primavera based technology, Suretrak, but we have the flexibility to employ others if required. The two primary schedules we use throughout the project are the Overall Project Schedule and the Trade Contractor Coordination Schedule. Overall Project Schedule - A comprehensive team schedule based on analysis of multiple factors including design, preconstruction, municipality reviews, site access, material procurement timeframes, and construction durations and sequencing. With the team's input, we develop an overall strategy schedule from this information. We assume the responsibility day -one for the overall project schedule. The schedule identifies major components including: Milestones (i.e., design review approval, drawing package complete, construction start, permanent power energize, commence commissioning, FF&E move -in). Design and Preconstruction (i.e., design development, core & shell documents, and T/I documents). Construction Document/Package Releases (i.e., coordinated early release package to support material deliveries required for construction). Trade Contractor Bid/Award/Lead Times (i.e., Release of various trade packages, submittals, approvals, fabrication, and delivery of long lead equipment). Permitting (i.e., design review, site development review, grading and/or foundations package, building permit package). Preconstruction (i.e., various pricing proposals, various subcontractor bid packages). Construction (i.e., sitework, foundations, underground MEP activities, core/shell activities, T/I activities, equipment set, connect, startup and test activities, and punchlist activities). Project Completion Activities/Owner Furnished Items (i.e., system commissioning, substantial completion, equipment installation, testing, occupancy). Trade Contractor Coordination Schedule - A schedule that emphasizes the tasks required of each trade contractor on the project in greater detail. This schedule is reviewed in our weekly trade contractor coordination meeting with each trade to gain team "buy -in" and to proactively identify potential coordination and scheduling issues so that they may be addressed in advance. Schedule Approach - We have earned a reputation for successfully completing fast, complex projects under tough conditions on logistically challenging projects or projects with critically controlled environments. We are a leader at completing projects of a schedule critical nature, breaking down the barriers of time and process that normally constrain thinking. Clients throughout ALI - HOLDER 11ii1 hC"'1111 UP, Z` [A � ) k !k� } � � | ! ! .! , � . � . {�/9+.......\. .. 4 ' §kB|}|}||27))4AR42 i - | | / \kc | f |: ■: - | ■; � 2 2. §a \�{� _ Cc a> .!|] !!7 . . .. . . co ow� } ate, . .. . .«.. .d \k§& < I � � .... 1.... .... }|k§ 0 �i ■ 4 : �§ }■ \ $ ! � \\'\ƒ}ƒ: }/ 2a HOLDERS P the U.S. have relied on the Holder/SmithGroup team to design and build buildings faster than imagined possible, without sacrificing functionality, quality or safety. Our experience with schedule critical projects is unparalleled in the industry. Schedule Opportunities - Early decision making is critical to a Multi -Purpose Municipal Facility project schedule and we will assist you with the knowledge you need to make those decisions. The following three additional strategies should be considered as they may reduce or protect the schedule without adding significant cost to the project: Coordinate Pre -Purchase of Long Lead Materials — Our Team will identify all long lead items and their associated durations to determine potential impacts or conflicts with the design and construction schedules. Civil, foundations, security hardware and precast are examples of materials that may be evaluated to purchase prior to the completion of construction documents. We are very good at identifying these items, communicating what information is required to effectively purchase them and developing a purchasing plan that allows competitive pricing and complete scopes without impact to the optimum project schedule. Shop Drawing Review "Parties" — Many of the long lead and critical trades are also trades that are "shop drawing intensive". A shop drawing party is a collaborative meeting with the Holder/SmithGroup Team, and the appropriate subconsultants (structural engineer, exterior skin consultant, etc.) and trade contractors to review a particular set of shop drawings in a very short time frame. Approvals are usually gained within a few days time, greatly improving the traditional timeframe for shop drawing approval. We have had great success with this innovative approach and it is very conducive to teamwork. Establishing Alternates During the Subcontractor Bidding Process — This is a proactive approach to gaining valuable, potentially time saving information during the subcontractor bidding process. In addition to saving time, the alternates are priced while the subcontractors are in competitive mode, yielding the greatest possible savings for cost savings items. By identifying alternatives up front, the Team is afforded the opportunity to make decisions quickly with minimal to no impact to the schedule. These suggestions highlight proven approaches that have a positive effect on the schedule without significant re -design or additional cost. Monitoring - It is imperative that we manage the progress daily and constantly reevaluate time projections so on -course revisions can be made when required. We designate a member of our management team to oversee the data input, and coordinate the logic and schedule updating to ensure an accurate schedule is maintained. We conduct weekly project coordination and scheduling meetings. All subcontractors attend these meetings, and commitments for production during the upcoming period are made and documented. The reports from these meetings are distributed to all members of the project team, including the Town of Fountain Hills and Kitchell CEM. Holder will also meet regularly with the Town of Fountain Hills and Kitchell CEM to plan the upcoming activities. Many tools are used to support the detailed construction schedule, one of which is the Material Status Log. This log is developed to ensure the critical milestones associated with material and equipment delivery dates are met. It tracks the detail associated with submittals, approvals, release, fabrication, and delivery. Additional Scheduling Tools — We also use a number of additional scheduling tools that will be used to achieve the successful completion of the Civic Center Phase 11 project. These include: Purchasing Schedule - Our Purchasing Schedule is a comprehensive tool that is coordinated with the Overall Project Schedule, detailing the steps required to receive materials to support the project completion. The tool starts with the on - site need date and works backward, detailing fabrication duration, submittal process and purchasing duration to come up with a date drawings are required. The benefit to this approach is assurance of the maximum time for design coordination and decision making while assuring timely execution. ., Design/Purchasing Coordination Schedule - As part of our overall scheduling, we develop a Design/Purchasing Coordination Schedule that communicates design and purchasing requirements early, defines the complete requirements HOLDER Smith, for each package of drawings, and focuses on critical components, allowing the critical path of construction to be reflected in design production and schedule. This schedule benefits the Town of Fountain Hills by matching the overall project design to only what is required for a single package. b. Quali Control Quality Assurance/Quality Control on the Civic Center Phase II will be achieved through a proactive plan. From the start of the project, we express what we expect during the scope meetings, contract and all meetings with each subcontractor. The following outline describes the means and methods to assure quality on this project. Design - Option Analysis and Constructability Reviews. Scope Meetings - Review and express our expectations from the start. Contracts - Sub/vendor prequalifications and ensuring that the key supervisory personnel remain on this project from start to finish in order to maintain the constant level of work we expect. Preconstruction - Meeting with the key personnel who will actually be supervising the work in order to express what we expect of their performance and to ensure that the people involved in the preplanning have communicated with them the level of workmanship purchased on this project. Weekly Subcontractor Coordination Meeting - We use this meeting to coordinate the placement and proper sequence of all work. Weekly Interior Walk-through - Walk the project with all subs together — to address coordination and quality issues. MEP Coordination Meeting - Ensure all MEP is coordinated to provide proper installation and a smooth operation. Daily Walk-through - Walking daily with each sub so we can evaluate and express our approval or disappointment for all work as it is being installed. Daily Inspection of Work - for specification and drawing compliance. Use of the Quality Control Activity Check List Mock Up of all Finish Work - These mock ups are to be left in place for the duration of the project to be used as the benchmark for all work being installed. Pre -Punch List - List to be developed when the project is about 90% completed. Problem areas can then be identified and corrected before it is finished. Value Analysis - Provide the best product for the cost. Post Construction Evaluation - To evaluate the project just completed to improve our process for quality assurance. Quality cannot be accomplished without the effort of the entire team. We must be a Quality Team. We continually monitor the work and processes, make changes as needed, in order to deliver the quality expected by the Town of Fountain Hills. c. Communications Communication is vital to successful project development and implementation. We recognize the importance of collaboration on key issues, concerns and ideas throughout the project decision -making process. Communication Protocol - Our integrated management approach makes best use of our team member's strengths and expertise for managing cost, schedule and quality. John Redmond will manage the overall process, including design, engineering and preconstruction and construction services. Official communication will also go through John. The Town of Fountain Hills and Kitchell CEM will have the opportunity to communicate directly with Kent Willcox and the design team, Keyvan Ghahreman and the preconstruction team, and our on -site project manager and superintendent. You will find the lines of communication between the Key Team Members to be open and seamless and the team's experience working together adds a mutual understanding of the project goals, thereby enabling everyone to be informed of all key issues. Communication Tools - Our primary tool used to manage and communicate project information to the team is Prolog and Prolog Website. The advantages to this system are as follows: Communication — Use of the Prolog Website can facilitate communication among the team 24 hours a day from any location where a phone line is accessible. The software has features such as broadcast messages and automatic e-mail notification. HOIDEq t.,J C. a � .7 30 • Accessibility — Our Prolog Website allows information to be accessed and viewed on demand. For instance, if an individual would like to have the latest copy of an RFI log, it is not necessary to call somebody and wait to have it faxed. The individual can simply go to the website, view, download, and/or print the information. Additionally, the information can be sorted and/or filtered to whatever format the individual desires for his own needs. Other items available on-line include project news, drawings and specifications, and meeting minutes. Customized Risk/Cost Management Processes — It is rare that an off the shelf software package matches up perfectly with any company's processes. We have worked extensively with Prolog to customize their software to support our management processes and other computer systems. One example of this is the utilization of Prolog to support our Change Management and Subcontract Administration processes while integrating with our M-Power Accounting software. The end result of this integration is the ability to manage the risk and cost associated with construction. Executive Overview — Digital photos, CADD files, or electronic documents of any kind can be linked to the site to create a comprehensive overview of the project and enhance overall communication. d. Budget —' We control costs by understanding the Town of Fountain Hills' requirements first. Once the Civic Center Phase II requirements are known, we direct the estimating and cost control in accordance with those goals. The keys to our approach hinge upon the following: Open Book Approach — All pricing is shared with the owner for review, comment and approval. Control Budget — The project budget is broken down by component. All subsequent pricing is compared to the control budget. Best Value — Through careful evaluation, we assist in developing documents that meet the budget. We suggest alternative materials that meet the control budget but do not compromise quality. Involve Subcontractors — Provide accurate core information and increase subcontractor interest in the project. Allocate - Cost model/control budget throughout the Benchmarks • track current pricing vs. control budget component estimate Create - Reliable estimates using dedicated Peace of Mind - estimates are accurate and good decisions preconstruction team and specialized conceptual can be made estimating expertise Update - Continuously, the estimate _ "Real -Time" Updates - always know the plan to meet budget Develop - Value Analysis Options to improve quality or Options - scenarios to maximize the program project value Compare - Actual costs spent to date to the control Assurance - every dollar spent balances program wants and budget. Always projecting the final cost for each estimate needs with budget line item Share - All cost information in an o en book environmen_tt Trust - that we are doinQ what we say we will do! .a. �a • • T,,+ .�u - ,,'R ..'10M-'` Our team's experience includes a number of proven recording, reporting, monitoring, and information management systems. Our primary tool during preconstruction is the Budget Status Update Report. It is a living document that tracks the current pricing against the established control budget. This gives the team a snapshot of the current costs of the project and is updated continuously. We coordinate our clarifications with budget status updates and include value analysis to show our targeted cost. While we typically utilize a component format, we can customize this report to the needs of each client and supply the level of detail required to facilitate decisions. HOLDER SmI.` Control Cost Per Square Foot Acceptable Value Analysis Current Pricing with Value Analysis Identifies the value of Indicates approximate value Provides anticipated value of work upon building components within of items designated as incorporation of VA. Defines the the Control Budget based on acceptable value analysis to direction and target for the design and building area or other all parties. Linked to budget for project team towork factors acceptable VA within the VA towards. log. Descriptionnence Cost per Square Foot with Briefdescriptionofeach lineicing Acceptable Value Analysis item within a major headingst information based on Provides anticipated value of broken down by major ent information available. cost per square foot based building component toupon incorporation of VA. analyze major building systems. Customized to meetariance project specific needs.ifference betvreen Control Budget nd Current Pricing.ft� ECi h L4L ust rRCT 9 77A£NTR41�75rU WLE 0NISMETSTATUM'T. rR... CIMR[[r [... Ilt[ C 00[i Ets COItEa1R ,[YG arm " !D!f=" mwr Co![P[K!!f .YAWL» Pllkn!!V[Y►tltVt. 1 St1E40A1QSREUtl1i1E3 [motto- Ugh'.6S U44. 3 F.rg,a.Cacw W.- P. ! Lndxa k xn $10) 0 51 D 55, 0 4i f1.E' C.E7 1.C8 C75. i100.0)D 50.070 B5.03D o5.0)D 11 083 103 07i t) ) J J t: t: t: f: 4*100 30,000 35100 15IW $1.E' OE3 1.C8 O:rS 3U=-D-ol s�0.0 M33 3:300W li 33 30 !0 lr6J,000 it:3 2 MiNBAIMSIFU AM . Fu .! W9»oiG-de ti5J,S0 W.1' t;50.070 t417 7 f: $23DS00 r-A, 3 EuldivCrae�Drratadi_tK 95),I0 I`_.E3 =50.031 1583 i= 937,000 IS.E3 i fruxaeFYtrrlsneas3wl 15)JC0 'c.50 150.031 25) t: '33L00 210 U:O-^L 11,35250 =1.E0 LI,:SO.D30 Ic.SJ sJ f; t'.337,000 =�.SO 3 rAMPIINSKIN Glf�!Mamj 11M.10 31(0 i1 00130 12001 s) is t'.211,000 sato ?:)*.:t dP_.t 5J,7C0 M %03i 083 3 t: i3L00 0.E3 3 rooi-g 18),X0 :.c0 180AJD 30) 7 i_ 30,000 3.11 ! CaMW-VWa:QP0d0' r..krWnsJa 5110 ED SUM on ) is 39100 0.0 Level Control Budget Current Cost Per Square Foot Identifies numerical Establishes basis against which all Identifies the value of sequence of sorted estimate subsequent pricing is measured. building components within by major andsub-headings. Intended to establish project budget the Control Budget based on Consistent throughout andwill remain unchanged total building area or for clarifications and VA for throughout the project unless the parking decks by space, hotel reference back to particular Owner makes changes. rooms by room or sports line item. facilities by number of seats. e. Additional tools or fresh ideas Value Analysis Log - Our Value Analysis Log tracks our options to the facility, which creates value in the completed facility by balancing cost, schedule, and quality. Project Closeout - We begin tracking for the closeout of a project as early as the preconstruction phase. We contractually bind the trade contractors into specific dates and specific requirements for closeout. Our closeout process generally includes the following, although in most cases it is customized by the requirements of the project. a Gathering of final contractual documentation • Gathering of tax and final billing information >. Preparations for warranty Commissioning of major building systems Training and instruction of proper building usage Completion of a building punchlist with all interested parties • Assist in coordinating client move -in Document as -built conditions Provide a closeout manual complete with warranties, lien releases and building product information Turnover of extra building related materials X, HOLDER 1n1 t1 -_ 32 We use several tools to help us track the closeout of a project. We customize those tools to meet the needs of a project. Below are examples of some of the standards. Closeout Log - This log is the key component for tracking all items required to close a project successfully and completely. This log is maintained on a daily basis. It can be customized to meet projects specific needs by adding those requirements directly to the log for continual tracking. Punchlist Report - We start using this report early in the construction project to track and resolve punchlist items as soon as they can be identified, not waiting until the end of the project. The punchlist report tracks all punchlist items gathered from the punchlist walks of the finished building. This report can be sorted in a number of ways and filtered down to only the information that you are interested in. Likewise, as to be explained later, we can post punchlist items on a convenient website so the information can be viewed from any point in the world that has internet access. Closeout Manual - The closeout manual is a collection of several items that we have found to be important to a client at the close of a project. In preparing this manual we solicit the client's help so that we ensure that all specific requirements are met in full satisfaction. The closeout manual may include: • Contact information • Warranties • Lien information Building product information As -built documents Training certificates Warranty Access Management (WAM) - Holder has developed an automated Warranty Access Management System. Accessible by our clients through our external website, www.hold erconstruction.com, this system gives each client the ability to immediately report any issues concerning their facility to our Warranty Department. We are able to deploy the resources to proactively manage your needs once construction has been completed and we are no longer on -site. When an item is reported through WAM, a record is created and our Post Construction Services Team is notified, as well as the project team. The project team takes responsibility for investigating and resolving the issue, with management support from the Post Construction Associates. Each item is tracked in our system until completion, and the status and actions taken are relayed to you, keeping you informed. This system has dramatically cut down the response times of our warranty and post construction work by increasing the communication with our clients and keeping the project team and our subcontractors accountable once a project has been complete 4. Provide any other information that is pertinent to this Project's programming, design or construction that would give the Town a better understanding of why your Team can best meet its needs. The Town of Fountain Hills Civic Center Phase II will demand a sensitivity to its expanded surroundings, as well as capture the dignity of its stature. It should relate to the desert setting and be respectful of it. The Holder/SmithGroup Team can develop a balance between a low scale complex and a tighter, more compact grouping to achieve low impact on the environment. A xeriscape palette of plant materials could demonstrate the Town's commitment to water and land conservation. The Civic Center experience, for the first time and everyday users, should be pleasant and functional. An intuitive layout can ease flow, productivity and efficiency. Multi -function spaces, such as lobbies, should be utilized as pre -function or queuing areas. Accessibility to the public side of the departments is paramount; those to be more private, still practical for their users. And, those of the more critical functions are secure. We can also address more socially related design issues and incorporate, as appropriate, a memorial in the lobby or plaza. For example, SmithGroup's Team provided a Police and Fireman's memorial in the Peoria Public Safety Building using salvaged structural pieces of the World Trade Center. Additional ideas and concepts for community involvement can be addressed with the Team. HOLDEfa Smith. �.O LT 33 Our Team's urban planning and community design expertise expresses an appreciation for community context. Understanding the physical form and relationship of buildings, streets and open spaces in the context of historical patterns, existing situations and future needs. We improve cities and communities through planning guidelines, development projects and refined details that strengthen and identify values. We capitalize on the economic value of existing infrastructure including government, institutional and cultural assets. Our approach results in plans and projects that promote activity and enjoyment, support business development, and achieve exciting and livable environments whose vitality and life attract continuing investment. Equally important is the opportunity to capitalize on lessons learned on past projects similar to the Civic Center Phase II project. We bring considerable experience as a team on other multi -purpose municipal projects. It will be critical to your project's success to communicate the lessons learned on these facilities in order to improve the quality and functionality of your facility. The Holder/SmithGroup Team will draw from the key issues related to our experiences and incorporate the successes into your facility. Capacity 1. Lead Firm L sii Fa—:— the Lead Firm's annual volume of work, financial capacity and bonding capacity to carry this out this Project. b. Provide a statement of the Lead Firm's current and projected workload and how such workload will impact its ability to complete this Project in a timely manner. I We have sufficient financial capacity to complete this work on schedule and within budget. Revenues for 2003 were $434 million. Holder Construction Company's bonding capacity for a single project is approximately $200 Million with an aggregate total on all projects of approximately $600 Million. Holders culture is to strategically select projects to pursue so that we can draw from our resources to create and dedicate the "best of the best" team to the Town of Fountain Hill's Civic Center Phase II Project. The chart below illustrates the number of projects that we will have in process concurrent with the Civic Center Phase II project. We have sufficient resources available to assign to the project to meet the project schedule. Current projects will not impact Holders ability to deliver the Town of Fountain Hills Civic Center Phase II project and schedule. 2004 2005 Feb Mar A r IMay liun liul JAug ISep loct INov IlDec Jan Feb Imar JApr MaqJun 30 33 30 29 27 25 23 20 8 7 15 11 11 10 1Q 8 2. Additional Key Team Member(s) a. List each additional Key Team Member's annual volume of work. b. Provide a statement of each additional Key Team Member's current and projected workloads and how such workloads will impact their ability to complete this Project in a timely manner. SmithGroup Arizona billed $13 million in professional fees in 2003. Historically, SmithGroup has been successful in providing ongoing services to clients for multiple and simultaneous projects. To ascertain our staffing requirements and ensure that we have adequate staffing for our current and anticipated projects, SmithGroup projects personnel needs on a weekly basis. These look -ahead projections cover the next six months and include all projects in progress and projects expected to become active in that period. All disciplines develop and compile these projections, which are then reviewed by studio leaders and project managers for accuracy. The projects are closely monitored to maintain each project's orderly progress. We have sufficient capacity and are committed to delivering the project to you on schedule. 3WHOLDERrill.'. 34 Dibble & Associate's annual volume of work averages $6 million. Dibble's current work load allows us to commit our resources to the Town of Fountain Hills for the Civic Center Phase II. We do not need to "staff -up" for this project, and our projected work loads permits us to proceed without delay. Our in-house engineers and technical specialists within our Site Infrastructure Practice have the experience and resources necessary to effectively respond to this project. a. List each additional Key Team Member's annual volume of work. b. Provide a statement of each additional Key Team Member's current and projected workloads and how such workloads will impact their ability to complete this Project in a timely manner. On average, Floor & Associates' gross revenue over the past three years has been approximately $760,000. The firm is currently operating at approximately 90% capacity, completing current deadlines. Over the next two months the firm is projected to complete a number of current projects at which time the firm will have additional capacity and will be able to commit all of the required resources to Civic Center project in Fountain Hills. a. List each additional Key Team Member's annual volume of work. b. Provide a statement of each additional Key Team Member's current and projected workloads and how such workloads will impact their ability to complete this Project in a timely manner. Paul-Koehler's annual volume of work is $6 million. Based upon our current project workload, the firm is operating is at about 75% of its capacity. We have sufficient resources to devote to the success of the Civic Center Phase 11 project. HOLDER 11�iii.M1I.�L3J' 33 x SmithGroup E. Interview All short listed firms shall be interviewed by the Selection Committee. All Key Team Members shall be represented at such interviews. Upon being named to the Town of Fountain Hills' shortlist, we are prepared to interview and commit that all Key Team Members will be represented at the interview. F. References Each SOQ must provide at least three, but not more than five references for the Lead Firm and each additional Key Team Member. The references should relate to (i) the example projects submitted with the SQL or (ii) various projects completed within the last five years by the Team members. The reference list should clearly identify: 1. The references name and company name. 2. The project the reference istwas associated with. 3. A current telephone number. 4. The project delivery method (i.e. design -build, design -bid -build). Reference Name & Company: Bill Rogalski, Amberjack, Ltd. Associated Project: Fountainhead Corporate Park Current Telephone Number: 309.766.0688 Project Delivery Method: Design/Build Reference For: Holder Construction, SmithGroup, Dibble & Associates Reference Name & Company: Bill Nice, MCI WorldCom, Associated Project: MCI Data Center Current Telephone Number: 713.966.7692 Project Delivery Method: Design/Build Reference For: Holder Construction, SmithGroup, Dibble & Associates, Paul -Koehler Reference Name & Company: Steve Hinchman, Maricopa County Associated Project: Maricopa County Public Health and Environmental Services Facility Current Telephone Number: 602.372.3321 Project Delivery Method: Construction Manager at Risk Reference For: Holder Construction Reference Name & Company: Prisilia Ferreira, City of Peoria Associated Project: City of Peoria Public Safety Building Current Telephone Number: 623.773.7329 Project Delivery Method: Design/Build Reference For: SmithGroup, Dibble & Associates, Paul -Koehler Reference Name & Company: Jeff Fairman, City of Avondale Associated Project: City of Avondale City Hall Current Telephone Number: 623.932.6183 ext. 208 Project Delivery Method: Design/Build Reference For: SmithGroup, Dibble & Associates, Paul -Koehler X.OL SmithGroup Reference Name & Company: Ray DelZotto, Pinnacle One Associated Project: Apache Junction Town Hall & Courts Complex Current Telephone Number: 480.394,0335 Project Delivery Method: Design/Build Reference For: Floor & Associates Reference Name & Company: Steven Corey, Prescott College Associated Project: Crossroads at Prescott College Current Telephone Number: 928.766.5136 Project Delivery Method: Design/Build Reference For: Floor & Associates Reference Name & Company: Jason Harris, City of Phoenix Associated Project: TGEN/IGC Current Telephone Number: 602.262.6004 Project Delivery Method: Design/Build Reference For: SmithGroup, Dibble & Associates, Floor & Associates G. Appendix The Appendix will be read at the discretion of the reviewer and should only include information supplemental to or additional to information provided in the body of the SOQ. The Appendix can include such information as brochures, additional photos, additional samples of similar work and annual reports. The Appendix must not include any of the minimum information required in Sections A-D and F of the RFQ. H. Exceptions to the Contract The Town will provide a contract to each short-listed Team at the time of interview notification. Each Team will be expected to (i) accept the contract as is or (ii) list any changes or exceptions thereto within three days prior to its scheduled interview. Upon being shortlisted by the Town, we are prepared to review the Town's sample contract and either (i) accept the contract as is or (ii) notify of any changes or exceptions within three days prior to our scheduled interview. I. Insurance Requirements Each short-listed Team must meet the standard Town insurance requirements. Proof of insurance certificates will be due at the time of the interview. Insurance requirements and directions for certificate submittals will be provided at the time of interview notification. Holder Construction Company and our Key Team Members are prepared to provide proof of insurance at the time of an interview, based upon the requirements issued at the time of shortlisting. HHOLDER SmithG rouP ii x :a C a� Q. HOLDER SMithGroup it nr,..erg; ile Holder Construction Company's mission is to serve our customers by providing quality services that add value to their projects. In pursuing this mission, we endeavor to enhance our reputation as professionals, develop the careers of our associates, and strive for a high standard of excellence in everything we do. Adding Value for Over 44 Fears Established in 1960, Holder Construction Company is a national, commercial construction services firm with experience in 25 states and annual revenues averaging near $500 million. Holder is consistently ranked as one of the nation's leading contractors in Construction Management, General Construction, and Design - Build and is respected as one of the true "team [] Areas of Experience approach" contractors. Holder's focus on performance, services, and teamwork results in repeat client business of over 85%. ,ire Holder Construction Company is headquartered in Atlanta, Georgia with regional offices in Phoenix, Arizona and Washington, District of Columbia. We have completed projects in the United States and in South America. Costa Brad How We Stack Up Zr Engineering News Record currently ranks Holder at: #34 for Construction Manager At -Risk (The Top 100 CM At -Risk Firms) #50 for Design/Builder (The Top 100 Design/Build Firms) #81 for General Contracting (The Top 400 Contractors) #15 for Telecommunications (Top 25 in Telecommunications) #38 for International (Top 50 International Firms) % #64 for Contractor by New Contracts (Top 100 Contractors by New Contracts) 0 #42 for General Building (Top 50 in General Building) r #6 for Data Centers and Web Hotels (Top 15 in Data Centers and Web Hotels) xp i e As a full -service construction firm, our areas of expertise include hotel and hospitality facilities, corporate and commercial office buildings, data and technology centers, institutions and higher education facilities, interior construction and renovation, and arenas and public assembly halls. Atlanta Washington D.C. Arizona Experience 3.5 Million Square Feet Over $615 Million Current Projects American Express Technologies Minneapolis Data Center Upgrade $14 million 110,000 square feet Northern Arizona University College of Engineering and Technology Renovation and Expansion $13 million 89,000 square feet Sky Harbor International Airport Technology Building and Infrastructure Cabling $20 million 35,000 square feet Paradise Valley Community College Performing Arts Center $5.9 million 25,000 square feet Maricopa County Public Health Clinic & Environmental Services Facility $15 million 69,000 square feet Southwest Insurance Company Phase I -A $160 million 600,000 square feet Fountainhead Corporate Park $8 million 120,000 square feet Union Pacific Center $120.6 million 1,100,000 square feet Progressive Insurance Company $33.4 million 323,000 square feet Phoenix I Atlanta I Washington D,G. X, HOLDER Public Works Experience • Richard B. Russell Federal Building Atlanta, Georgia 200,000 square feet • Georgia Dome Atlanta, Georgia 1,618,500 square feet • Atlanta Federal Center Atlanta, Georgia 1,800,000 square feet • Lovett School Multi -Purpose Building Atlanta, Georgia 45,000 square feet • Emory Music Hall and Burlington Road Expansion Atlanta, Georgia 45,000 square feet • Delta Air Lines Hanger and Maintenance Facility Hartsfield International Airport & Tampa International Airport Atlanta, Georgia & Tampa Florida 160,000 square feet • International Terminal Hartsfield International Airport Atlanta, Georgia 230,000 square feet • Atlanta City Hall Atlanta, Georgia 112,400 square feet • Hartsfield Concessions Hartsfield International Airport Atlanta, Georgia 1,000,000 • Rome Forum Civic Center and Government Office Building Rome, Georgia 106,891 square feet i Atlanta i Phoenix i washingtor O7 C. Atlanta Federal Center Lovett School Atlanta City Hall Rome Forum Civic Center Public VVorks Experience • Concourse E Hartsfield International Airport Atlanta, Georgia 2,500,000 square feet • Parking Deck Expansion Hartsfield International Airport Atlanta, Georgia 3,555 spaces • Emory Arts Center Atlanta, Georgia 75,000 square feet • Georgia Power Customer Care Center McDonough, Georgia 112,000 square feet • Grumman Systems Integrated Test Facility Melbourne, Florida 75,000 square feet • Delta Air Lines Operations Phase I, 11, III Hartsfield International Airport Atlanta, Georgia 170,000 square feet • Floyd County Law Enforcement Center Rome Georgia 60,000 square feet • Federal Inspection Station Ft Myers, Florida 55,000 square feet • Federal Reserve Bank Birmingham, Alabama 220,000 square feet • US Airways Flight Simulator Charlotte, North Carolina 72,000 square feet Concourse E at Hartsfield International Airport Floyd County Law Enforcement Center Vashington D.C. Federal Reserve Bank s HOLDER Public Works Experience • Delta Air Lines Midfield Support Facility Atlanta, Georgia 110,000 square feet • Eastern Airlines Midfield Cargo Facility Atlanta, Georgia 230,000 square feet • Delta Air Lines Reservation Center Atlanta, Georgia 180,000 square feet • University of Florida WUFT TV/Radio Gainesville, Florida 10,000 square feet • RJR Nabisco/Corporate Aviation Facility Fulton County Airport 78,000 square feet • Maricopa County Public Health & Environmental Services Facility Phoenix, Arizona 55,000 square feet • Paradise Valley Community College Performing Arts Center Phoenix, Arizona 25,000 square feet Delta Reservations Center u Maricopa County Public Health Facility Atlanta I Phoenix I Washington D.C. PVCC Performing Arts Center HOLDER Why Holder? Holder Construction Company is... 43 Years in Business Relationship Oriented Team Approach Builders Focused Business Plan Over 85% Repeat Business The Information Company A Value Added Resource to Your Project Flexible Management Zero Accident Culture Atlanta I Phoenix I Washington D.r—. HOLDER 1 iy 2 1 s —� mz� r, tA !F{ ii pr COMMUIViTY Ws CENTER AM 4 Holder/SmithGroup Team John Redmond Project Director Jeff Mason Senior Project Manager Greg Mitchell Superintendent Keyvan Ghahreman Preconstruction Manager Agenda February 12, 2004 Michael Medici Project Executive Kent Willcox Project Manager Brian Perkins Designer Michael Mount Public Safety Specialist I. Introduction II. Presentation 1. Analyze & Discuss the Space Program. 2. Analyze & Discuss the CostiiOntiol Report. 3. Elaborate on Your. Schedule. 4. Describe the Ideal Owner's Team for the Design/Build Process. 5. Provide Examples of Successful Resolution of Conflicts Between Design & Budget Issues. 6. Discuss Your Team's ThouqFLJs on how to Accommodate the Existing Neighborhood Architecture & Environment in Your Desi n" V 7. What Design and Construction Issues are Specific to a Municipal Building of this Type? 8. Discuss Your Successful Implementation of Energy & Environmentally Conscious Design & Construction. 9. Discuss Successful Techniques you will use to Gain Employee Input on this Project. III. Why HolderlSmithGroup? IV. Questions & Answers V. Closing Comments HOLDER SIYllti7GrUti, Three Keys to Success ■ History Together ■ Similar Experience ■ Project Plan T, CNIC CENTER PHASE II SmithGrou vj M Space Program �Understanding the Program ^Administration/Council Chambers "public Works ^ Parks &Recreation " Municipal Court "O»ohM1ASRoPS_ ^ Senior Activities Center CIVIC CENTER PHASE , | | Understanding the Program • Program History rz MI Lj Opportunities • Grossing Factors, Support Areas & Circulation Needs • Chum - Long-term Space Management • Consolidation of Uses and Space CIVIC CENTER PHASE 11 SmithGrou _:__1 Lessons Learned " Avondale Council ^ Chambers ^ 'vvm Other Facilities Integrate USesfor Public Ease of Access. secure CIVIC CENTER PHASE 11 � Lessons Learne • Lobby & Break Out Spaces • Shared Use • Light & Open • Storage Alternatives • Increase Efficiency • Common Areas • Ease of Access • Shared or Separate CIVIC CENTER PHASE II Lessons Learned ■ Courts =- {{�(4'�}yi�, • Separation of Circulation I T; ` a • Maintain Dignity ■ Law Enforcement = - • Division Structure of^y Law Enforcement Agencies • Accreditation,. Requirements & ;Z. Standardsg;. _ • Specialty Design=� Issues CIVIC CENTER PHASE II ■ —. SmithGtnu Lessons Learned ■ Senior Activity Center • Ease of Access — Drop off & Adjacent Parking , yn ■ Ease of Use ■ Information Technology • Centralized. Expansion Requirements • Future Infrastructures i 1 CIVIC CENTER PHASE II SmithGmu K Cost Control ��•�••�� �• •� Construcia LEE Maintainability-W Cost Coq� GM - Del T! Q Assurance COLLABORATION systems/ smith(Irnlii) Coordfnatl - �-eren B „ erence Coordination - - uls - gemen /� ACIVIC CENTER PHASE II s Budget Evaluation • Site ■ Structure ■ Exterior Skin ■ Interior Construction ■ FF&E ■ Building/Special Systems CIVIC CENTER PHASE II Budget Status Update 4 Schedule Management - Fast Track ■ Programming/Design Coordination ■ Preconstruction ■ GMP ■ Procurement ■ Construction ■ Move -in Coordination ■ Project Closeout CIVIC CENTER PHASE 11 Critical Milestones ■ Release D/B Team 2/12/04 ■ Programming Complete 3/05/04 • Schematic Design Complete 4/16/04 ■ ,Design Development Complete 6/04/04 ■ GMP/Pricing 7/02104 • Start Construction 7/02/04 ■ Project Commissioning 5/02/05 ■ Substantial Completion 5/31/05 • _ Owner Occupancy 6/27/05 CIVIC CENTER PHASE It CMC CENTER PHASE II The Ideal Team Qualities Benefits Similar Experience ■ 15 Design/Build Projects ■ 12 Municipal Projects ■ Team Approach Delivery vi CIVIC CENTER PHASE II x Smith< The Ideal Team Qualities Benefits Project Plan • Focused ■ Proven Team • Results Oriented CIVIC CENTER PHASE II �i SmithGmu [1 Conflict Management ■ Communication Process ■ Clear and Effective Workplan ■ Understand the Project Goals ■ Clear Scope/Program Definition CIVIC CENTER PHASE II Neighborhood Architecture 6. De•vn year l•wn•DoroFu on M1cv ro •cc•mmaEaf•iM1••av p 9 M1a�•rcl.n•ctu.•aa mvMm�rn b, your Oni�. ■ Community Context • Maintain Small Town Lifestyle r-•' • Site Relationships • Community Art Placeholders • Community Involvement e K CIVIC CENTER PHASE II �• SmithG-I Neighborhood Architecture ■ Design Approach — Multiple Site Forces ■ Aventi6—rbw the Fountains • Anchof to the Main Vehicular Intersection • Glow td-Street & Sidewalk Formahf8 durability on Main Public Face • gtea:_U�tthe Facade to Smaller Scale _- Inte"tiion of Similar Materials 1 CIVIC CENTER PHASE II •� i Smith( mu 7 34 Neighborhood Architecture ■ Design Approach -Multiple Site Forces • Campus Setting • Adobe Look, Softer Relaxed Feel • Connection to Adjacent Buildings Use Similar Building Materials/Techniques CNIC CENTER PHASE II H Si Municipal Building Issues r:mr6.gn«ia caswewn b<nw. w.•«in. m...,�r�nr wneMy wow Mw% ■ Deslgrt~ • Pubfic Qocess — Several E Municipal Building Issues ■ Design • Durability Requirements • Compatibility with Existing Building Uses • Circulation & Parking ■ Expansion Requirements • Mountain Vistas &Views • Energy_ Consciousness & Water Conservation �I CIVIC CENTER PHASE II SmithGrou Municipal Building Issues �. m.. a.�a..w.�.wem, .sw....a«�rK m. error waaN• a eM. ha: ■ Construction • Logistics • Schedule Adherence • Quality Control • Cost Control • Systems Coordination • Commissioning • Move -in Coordination • Safety CIVIC CENTER PHASE II Safety ■ Our Safety Program Meets and/or Exceeds all OSHA Standards 6,967,583 Mart -hours with Only 2 Lost Work Time Accidents. Experience Modifier Rates + 2003 1 2002 2001 0.52 1 0.50 0.54 CIVIC CENTER PHASE II SrnithGmuyl M Sustainable Design/Construction �. Dluua. Yan su.ce.RJ'vrpl.nwMnan cl.n.rq wM .,wi,cn,n.nt.ly.omc..� E..pn mY son.huction ■ Team Philosophy ■ LEEDTM Report Card ■ Life Cycle Cost Analysis ■ Site/Environment ■ Recycling Plan CIVIC CENTER PHASE 11 40* 1r S. 4� � ^y �9 W MOLMA �EWRONh1FNTAt�.. Sustainable Design/Construction • Confidential Southwest Insurance Company F_ Norterra Campus • 4,130,600 Ibs Project Waste Recycled • 82% Project Waste Diverted • $14,692 Project Savings CIVIC CENTER PHASE II User Workshop f. Dluuv aucc�.hM.Ktitqu.. you wiY u.. ro yln w,peyw ingR en Mh pral.c . ' • Workshop/Gaming- Flexible Process Extensive Research & Exploration Assemble the Right Participants ■ Critical Buy -in & Ownership 0 i-1 CIVIC CENTER PHASE II SnuthGmu 10 User Workshop ■ Gaming Process CIVIC CENTER PHASE II X Why Holder/SmithGroup? ■ History Together ■ Similar Experience • Project Plan ( 1 CIVIC CENTER PHASE II 11 0 .i i 14 I_ - � '- - STY '� f ,y - � __�� � 1� � { -�■l COMMUNITY CENTER 0 0 o O ST 1! W �f w ' • LL LL 70 cLa �^ co m 0 CT CO • O" O" h , O m N • U) co' s O — p f-- QL ■ ' ' O 00 (n O OLo v ,g s ?' • d M d co O 00 r— a. - v N G ., U LL Q. X _ 3, • >1 s r g C r a LL 70 — t# • • C ~ i� `� •cy oU _ i • (n • • O L U M Ef3 LL Q c _ a - a • 4..•_ _ N • N ' � N U • (� N N O > - •J O O N O in ' cr '0 � 1 � (n N O CD (0 Q) N U) @ CO X _ fi p, • •" Gq I` LL LL Q O C �- Q O C.,) O .£F O Crj cn O O_ LO U> cO UL _ � � � k� �Q k - INIMINI 2 § cn @ §/ - \\\ § §ƒ 5 e 77 �# \ /} ek \) g = S . 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O U U `U O b Q a U U E E n n Vn m (n O A N A ,� d T T O N N N c c c C a m y -C m N H U a ❑ > a a s co 0 0 3 3 p O O O D u > $ z $ 0 a A a v coi as o6 c o c c o o c Q o E E E E W U `O O ' O` _ gg _ t L co W 3 W 3 W 3 3 v o o t t t A A - O c 0>> C c c W J J J J C U U H /- O � C C C C J U U U U U U U U V U U U 7 U U V U X X X F X %LLLJ X = N X % X X X X X X HOLDEN February 13, 2004 Mr. Timothy G. Pickering Town Manager Town of Fountain Hills 16836 E Palisades Boulevard Fountain Hills, AZ 85268 Re: Town of Fountain Hills — Community Center Phase II Project Proposal: Preconstruction Phase / Design -Build Services - FINAL AGREEMENT Dear Tim: As requested, Holder Construction Company is pleased to submit the following: Preconstruction Phase Services Proposal Please review the attached Preconstruction Phase Services proposal. We would like to review this with you at your earliest opportunity. We look forward to working with you on this great project. Sincerely, HOLDER CONSTRUCTION COMPANY, John P. Redmond Vice President - Western Region Preconstruction Phase Services Proposal 02/ 13/2004 Preconstruction Services Holder requests compensation for Preconstruction Phase Services in the amount of $80,000.00. Listed below is a breakdown of these costs: 1. Schematic Pricing Proposal $22,500 30% 2. Design Development Pricing Proposal $30,000 40% 3. Construction Document / GMP $22,500 30% 4. Reimbursables $ 5,000 TOTAL PRECONSTRUCTION $80,000.00 Clarifications - Preconstruction 1. We have included personnel to support the Preconstruction Phase Services for a period of four weeks per pricing proposal. The personnel include operations/preconstruction management, planning support services, risk management services, finance/accounting support, and administrative support. 2. The Preconstruction Phase Services noted above shall include design services, program evaluation, project meetings, cost estimating and GMP proposals, bid package and fast -track strategy, permitting support and coordination, management planning, value engineering, constructability reviews, cash flow projections, site use advice, material selection and systems, local construction activity and scheduling. 3. Our overall duration for Preconstruction Phase Services is five months beginning February 2004 and continuing through July 2004. This includes Preconstruction Phase Services through and including the GMP Proposal. 4. We have included preconstruction services to support the overall design duration. The critical milestone dates are: Schematic documents- 04/ 16/2004 Design development documents- 06/04/2004 Construction Documents- 06/16/2004 Construction start- 07/02/2004 Substantial Completion- 04/30/2005 Final Completion- 05/27/2005 .. 5. Holder will provide two pricing proposals which include Schematic and Construction Documents Pricing Proposals. 6. Office supplies, copier/fax expenses, postage, travel, printing, and telephone expenses are included as reimbursable costs. 7. Procurement services are included in the Construction Phase Services as a reimbursable cost. 8. All project documents required for the preconstruction process are to be provided, therefore we have not included these costs. 9. We have assumed all the information provided during the Request for Qualifications selection process is still current and valid for the project size, scope, schedule, and budget. 10. We have included a reasonable amount of value analysis and value engineering based on the original program document provided during the Request for Qualifications selection process. 11. Preconstruction Phase Services for a major scope change and document revisions beyond the Design Development stage of progress are not included. 12. Holder will charge rates for our personnel in accordance with the following rate schedule: PERSONNEL RATE SCHEDULE — 2004 Classification Direct Labor Rate Project Executive $220.00/HR Municipal Specialist $110.00/HR Project Director $110.00/HR Senior Project Manager $90.00/HR Project Manager $85.00/HR General Superintendent $120.00/HR Superintendent $100.00/HR Assistant Superintendent $55.00/HR Corporate Safety Director $66.00/HR Safety Manager $68.00/HR Safety Coordinator $54.00/HR Risk Manager $62.00/HR Preconstruction Sr. Vice President $119.00/HR Senior Preconstruction Manager $85.00/HR Preconstruction Manager $80.00/HR Senior Engineer $55.00/HR Engineer $46.00/HR Office Engineer/Intern $37.00/HR Sr. Administrative Assistant Administrative Assistant I/T Manager Field Engineer Field Coordinator Field Office Processor Field Office Administrator Sr. Design/Systems Coordinator Director MEP Services Director Planning Support Services Manager Internal Auditor Project Accountant Accounting Assistant Professional Services $35.00/HR $30.00/HR $73.00/HR $46.00/HR $37.00/HR $31.00/HR $34.00/HR $96.00/HR $100.00/HR $100.00/HR $65.00/HR $42.00/HR $33.00/HR SmithGroup requests compensation for Professional Services in the amount of $253,000.00. Listed below is a breakdown of these costs: 1. Architecture/MEP $253,000 2. Structural $ INCL 3. Civil $ INCL 4. FF&E $ INCL 5. Reimbursables $ INCL TOTAL PROFESSIONAL SERVICES $253,000.00 Clarifications — Professional Services 1. Reimbursable expenses for printing, telecommunications, and minor travel are included. 2. Expenses for models, renderings, or fly-throughs are not included. 3. Special inspections are considered a cost of construction and not a part of basic services. 4. As directed, Landscaping Services will be contracted directly with the Town of Fountain Hills. 5. Specialty "out of house" Consultants such as security, food service, telecom and A/V are not anticipated and therefore not included. 6. Construction Administration is assumed to be included in the Construction Phase Services, and therefore is not included. ... 7. Article 10.2 — Retainage for professional services during all phases including Construction Administration phase does not apply. PERSONNEL RATE SCHEDULE — 2004 Classification Direct Labor Rate Project Management Principal -in -Charge $ 185 Project Director $ 165 Project Manager $ 135 Architecture Design Principal $ 155 Senior Architect / Senior Designer $ 125 Architect / Designer $ 95 Job Captain / Junior Designer $ 80 Architectural CAD $ 65 Interior Architecture Interiors Principal $ 140 Senior Interior Designer $ 110 Interior Designer $ 85 Space Planner $ 70 Interiors CAD $ 65 Senior Graphic Designer $ 125 Engineering (MEP) Engineering Principal $ 155 Sr Engineer $ 135 Sr Designer $ 115 Engineer $ 95 Designer $ 80 Engineering CAD $ 65 Special Resources Senior Lab Planner $ 140 Lab Planner $ 120 Sr Cost Estimator / Value Engineer $ 135 Specification Writer $ 120 Cost Estimator $ 95 Clerical $ 55 Crime Lab Specialist $ 180 PRECONSTRUCTION SERVICES FEES RECAP Preconstruction Services $ 80,000.00 °`... Professional Services $253,000.00 TOTAL SERVICES $333,000.00 EXHIBIT G [Performance Bond] See following pages 9196.022.01\Design-Build Agt.v3.doc 2-16-04-1 To be inserted at time of GMP EXHIBIT H [Payment Bond] See following pages 9196.022.01\Design-Build Agt.v3.doc 2-16-04-1 To be inserted at time of GMP Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Consent:❑ Regular:® Meeting Date: 2/19/04 Contact Person: Requesting Action:❑ Tvne of Document Needing Annroval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ® Other: contract Council Prioritv (Check Annrobriate' Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda Wording:; CONSIDERATION of approving the revised contract with Kitchell CEM for construction management services for Civic Center Phase 11 project. Staff Recommendation: Approve Fiscal Impact: Yes $160,000 Purpose of Item and Background Information: The Council will consider revising Kitchel CEM's contract regarding the Civic Center Phase II project - management of the services. List All Attachments as Follows: Documentation will be provided early next week. Type(s) of Presentation: Verbal Signatures of Submitting Staff: Department Head LAI Town Manager Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS OFFICE OF FACILITIES OPERATIONS SUPERVISOR INTER OFFICE MEMO TO: Tim Pickering, Town Manager DT: 2/17/2004 FR: Don Thumith, Facilities Operations Supervisor RE: Kitchell CEM contract revision for Council consideration History On November 6, 2003, Town staff completed the process in selecting a Pre -Design consultant firm for the Civic Center Phase 11 Project. As you recall the Council approved the firm of Kitchell CEM. On February 13, 2004, the pre -design contract with Kitchell CEM brought the Town to the completion of the submittal of qualifications process in selecting a design -build team to complete the Civic Center Phase 11 Project. Kitchell CEM's original pre -design service contract is now expired. Proposal Staffs experience with Kitchell CEM has demonstrated an on time performance and expertise which has proven to be very beneficial to the Town as it prepares to move forward with design and construction of Civic Center Phase 11. Kitchell CEM has been a valuable partner to the Town and their expertise was proven again during design -build team selection and contract negotiations. The compressed schedule to complete this project mandates a fast track project approach, and the Town does not have the staff expertise on board to manage a fast track design build method. Kitchell CEM will bring to the project a large staff of personnel with the expertise to assist the Town in completing this project with the highest quality of construction and a design everyone can be proud of. Kitchell CEM will be the Towns representative during the design build process. For their services, Kitchell CEM has submitted a contract extension that provides the Town their technical expertise during the design phase ($82,000) and during the construction phase ($78,000). Their proposal is attached. (1) Nft► Recommendation Staff requests consideration from Council to accept an amendment to the original contract. This amendment agreement will provide the Town and staff consultation, review and direction throughout the design, construction, and close out of the project. The Town Attorney has reviewed the contract document. Attachments: Amendment to the professional services agreement Cc: Mayor Nichols Town Council Town Attorney Dthumith\Thumith\ Memo Kitchell ammendment\02/17/2004 FEB.19.2004 3:54PM N0.992 P.2 FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND KITCHELL/CEM INC. THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT (this "First Amendment") is made as of /E�,6' / q , 2004, between the Town of Fountain HiU.s, an Arizona municipal corporation (the "Town"), and Kitchell/CEM, Inc., an Arizona corporation (the "Project Manager'D. RECITALS A. The Town and the Project Manager entered into a Professional Services Agreement on November 6, 2003, relating to the Civic Center II Project (the "Agreement"). B. The Town and the Project Manager desire to amend the Agreement with respect to the scope of services. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the adequacy and sufficiency of which is hereby acknowledged, the parties hereto agree to amend the Agreement to add the following terms and conditions: 1. That the Project Manager's total compensation under the Agreement shall be increased from $19,880 to $179,880 as consideration for additions to the Scope of Services as more particularly set forth in the Proposal Letter and the attachment thereto, dated February 17, 2004, attached hereto as Exhibit A, and incorporated herein by this reference, 2. 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. [SIGNATURES ON FOLLOWING PAGE] 9196.022.01 Wicehell.al.apdoc 2-15-04-1 FEB.1e.2004 3:55PM NO.992 P.3 IN WITNESS WHEREOF, this First Amendment was executed on the day and year first written above. "Town" TOWN OF FOUNTAIN HILLS, an Arizona municipal ation By: W. J. 1,fiAols, Ma ATTEST: 97 96.022.01\KitChC11-21.sgt.doc 2-18-04-1 tj "Project Manager" KITCHELL/CEM, Inc., an Ari corpor on By; -� Don Puddy, Vice President FEB.1e.2004 3:55PM NO.992 P.4 (ACKNOWLEDGEMENTS) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) This instrument was acknowledged before me on / 9 2004, by W- J. Nichols, the Mayor of the Town of Fountain Hills, an Arizona niunicipal corporation, on behalf of the Town of Fountain Hills. GRIGG� ` tv *My Notary Public in dnd for a State of Arizona My Commission Expires: / /�� (60 5 - STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) This instrument was acknowledged before me on 2004, by Don Puddy, the Vice President of Kitchell/CEM, Inc., an Arizona corporation, A behalf of the corporation. Notary Public in and for the State of Arizona My Commission Expires: 9196,022.011Kitchell •s l .sgt.doc 2-1S-04-1 3 k,. OFFICIAL SG'iL F. C. 0S) FERMILLEF v =J� NL)IN1Y I'LlRLIC • Slat Ptit Ajji Cps M,At11GWA E'ULWY Ply Canull. Fxpimc Juno 11. 2000 FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT `, BETWEEN THE TOWN OF FOUNTAIN HILLS AND KITCHELL/CEM INC. THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT (this "First Amendment") is made as of lq , 2004, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town"), and Kitchell/CEM, Inc., an Arizona corporation (the "Project Manager"). RECITALS A. The Town and the Project Manager entered into a Professional Services Agreement on November 6, 2003, relating to the Civic Center II Project (the "Agreement"). B. The Town and the Project Manager desire to amend the Agreement with respect to the scope of services. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the adequacy and sufficiency of which is hereby acknowledged, the parties hereto agree to amend the Agreement to add the following terms and conditions: 1. That the Project Manager's total compensation under the Agreement shall be increased from $19,880 to $179,880 as consideration for additions to the Scope of Services as more particularly set forth in the Proposal Letter and the attachment thereto, dated February 17, 2004, attached hereto as Exhibit A, and incorporated herein by this reference. 2. 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. [SIGNATURES ON FOLLOWING PAGE] 9196.022.01 \Kitchell.a l .agt.doc 2-18-04-1 IN WITNESS WHEREOF, this First Amendment was executed on the day and year first written above. "Town" "Project Manager" TOWN OF FOUNTAIN HI , an Arizona KITCHELL/CEM, Inc., an Ari municipal corporation corpor By: (/ By: W. J. N' ols, Mayo Don Puddy, Vice President ATTEST: A, - M111 . LF521 , WA. 9196.022.01 \Kitchell.a l .agt.doc 2-18-04-1 2 (ACKNOWLEDGEMENTS) STATE OF ARIZONA ss. COUNTY OF MARICOPA This instrument was acknowledged before me on /V 2004, by W. J. Nichols, the Mayor of the Town of Fountain Hills, an Arizona municipal corporation, on behalf of the Town of Fountain Hills. OFFICIAL SEAL SUSAN GRIGGS Notary Public - State of Arizona MARICOPA COUNTY My Comm. expires Jan. 28. 2005 My Commission Expires: //�lf�,5 Notary Public in an for th State of Arizona STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) This instrument was acknowledged before me on 7� 2004, by Don Puddy, the Vice President of Kitchell/CEM, Inc., an Arizona corpo tion, behalf of the corporation. Notary Public in and for the State of Arizona OFFICIAL SEAL `= E. C. OSTERM I -ER My Commission Expires: NOTARY PUBLIC state of Arizona Y MARICOPA COUNTY My Comm. Expires June 11, 2006 9196.022.01 UCitchell.al .agt.doc 2-18-04-1