HomeMy WebLinkAbout2022.0315.TCRM.Agenda.Packet
NOTICE OF MEETING
REGULAR MEETING
FOUNTAIN HILLS TOWN COUNCIL
Mayor Ginny Dickey
Vice Mayor Gerry Friedel
Councilmember Sharron Grzybowski
Councilmember Alan Magazine
Councilmember Peggy McMahon
Councilmember Mike Scharnow
Councilmember David Spelich
TIME:5:30 P.M. – REGULAR MEETING
WHEN:TUESDAY, MARCH 15, 2022
WHERE:
FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the
Town’s various Commission, Committee or Board members may be in attendance at the Council meeting.
Notice is hereby given that pursuant to A.R.S. §1-602.A.9, subject to certain specified statutory exceptions, parents have a
right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings
of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present may be
subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such
recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a
child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S.
§1-602.A.9 have been waived.
REQUEST TO COMMENT
The public is welcome to participate in Council meetings.
TO SPEAK TO AN AGENDA ITEM, please complete a Request to Comment card, located in the back of the Council
Chambers, and hand it to the Town Clerk prior to discussion of that item, if possible. Include the agenda item on which you
wish to comment. Speakers will be allowed three contiguous minutes to address the Council. Verbal comments should be
directed through the Presiding Officer and not to individual Councilmembers.
TO COMMENT ON AN AGENDA ITEM IN WRITING ONLY, please complete a Request to Comment card, indicating it is a
written comment, and check the box on whether you are FOR or AGAINST and agenda item, and hand it to the Town Clerk
prior to discussion, if possible.
TO COMMENT IN WRITING ONLINE : Please feel free to provide your comments by visiting
https://www.fh.az.gov/publiccomment and SUBMIT a Public Comment Card by 3:00 PM on the day of the meeting . These
comments will be shared with the Town Council.
NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION
Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the Town Council, and to the general public, that at
this meeting, the Town Council may vote to go into executive session, which will not be open to the public, for legal advice and
discussion with the Town's attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S.
§38-431.03(A)(3).
1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Dickey
2.MOMENT OF SILENCE
3.ROLL CALL – Mayor Dickey
4.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER
A.RECOGNITION: Stellar Students for February 2022
5.SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
A.PRESENTATION: Monthly Update by the Maricopa County Sheriff's Office.
B.PRESENTATION: Communications Strategic Plan and Citizen Engagement Plan.
6.CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431.01(H), public comment is permitted (not required) on matters NOT listed on the
agenda. Any such comment (i) must be within the jurisdiction of the Council, and (ii) is subject to reasonable
time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during
Call to the Public unless the matters are properly noticed for discussion and legal action. At the conclusion of the
Call to the Public, individual councilmembers may (i) respond to criticism, (ii) ask staff to review a matter, or (iii)
ask that the matter be placed on a future Council agenda.
7.CONSENT AGENDA ITEMS
All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be
enacted by one motion of the Council. All motions and subsequent approvals of consent items will include all
recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items
unless a councilmember or member of the public so requests. If a councilmember or member of the public wishes
to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the Consent
Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item
was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on
the agenda.
A.CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes of the Regular Meeting of
March 1, 2022.
B.CONSIDERATION AND POSSIBLE ACTION: Approval of a budget transfer for the General Fund
Town Council Regular Meeting of March 15, 2022 2 of 4
B.CONSIDERATION AND POSSIBLE ACTION: Approval of a budget transfer for the General Fund
and Vehicle Replacement Fund.
C.CONSIDERATION AND POSSIBLE ACTION: Adoption of Resolution 2022-12 Authorizing
renewal of the Town of Fountain Hills' membership in the Arizona Metropolitan Trust.
D.CONSIDERATION AND POSSIBLE ACTION: Approval of an Extension of Premises Application
for the Fountain Hills Elks Lodge which is hosting a beer garden in conjunction with a charity
event on April 2, 2022.
E.CONSIDERATION AND POSSIBLE ACTION: Approving a Map of Dedication for a portion of
Serenity Estates.
F.CONSIDERATION AND POSSIBLE ACTION: Approval of a six-month extension to the
approved Special Use Permit to allow four residential units at an existing building located at
16842, 16843, 16844 and 16845 E. Avenue of the Fountains (generally located north of
Avenue of the Fountains, between Saguaro Blvd. and Verde River Dr.) and in the C-2
(Intermediate Commercial) Zoning District and the Entertainment Overlay District. SU
2021-04
G.CONSIDERATION AND POSSIBLE ACTION: Extension of a Special Use Permit to allow
residential uses on a 0.58 acre property in the Community Commercial (C-C) zoning district at
17134 E. Kingstree Blvd., generally located at the northwest corner of Saguaro Blvd. and
Kingstree Blvd.
8.REGULAR AGENDA
A.CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-13 approving an
Intergovernmental Agreement with the City of Tempe authorizing the Town of Fountain Hills
to participate in the East Valley Regional Veterans' Court.
B.CONSIDERATION AND POSSIBLE ACTION: Reconsideration of denial of the Park Place Site
Plan, Phase III.
C.CONSIDERATION AND POSSIBLE ACTION: regarding the proposed site plan for Phase III,
Building B, of Park Place located on the west side of the 13000 block of North Verde River Dr.
D.CONSIDERATION AND POSSIBLE ACTION: Authorization to Purchase and Install Illuminated
Speed Limit Signs.
E.CONSIDERATION AND POSSIBLE ACTION: Approving Professional Services Agreement
2022-074 with Cactus Asphalt.
F.DISCUSSION WITH POSSIBLE DIRECTION relating to any item included in the League of
Town Council Regular Meeting of March 15, 2022 3 of 4
Town Council Regular Meeting of March 15, 2022 4 of 4
F. DISCUSSION WITH POSSIBLE DIRECTION relating to any item included in the League of
Arizona Cities and Towns' weekly Legislative Bulletin(s) or relating to any action proposed or
pending before the State Legislature.
9. COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER
Item(s)listed below are related only to the propriety of(i)placing such item(s)on a future agenda for action,or
(ii)directing staff to conduct further research and report back to the Council.
10. ADJOURNMENT
CERTIFICATE OF POSTING OF NOTICE
The undersigned hereby certifies that a copy of the foregoing notice was duly posted in accordance with the statement filed
by the Town Council with the Town Clerk.
Dated this l00 day of ,2022.
Elizabeth A. n MMC,Town Cler
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities.Please call 480-816-5199(voice)or
1-800-367-8939(TDD)48 hours prior to the meeting to request a reasonable accommodation to participate in the meeting or to obtain
agenda information in large print format.Supporting documentation and staff reports furnished the Council with this agenda are available for
review in the Clerk's Office.
ITEM 5. B.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 03/15/2022 Meeting Type: Town Council Regular
Meeting
Agenda Type: Public Appearances/Presentations
Submitting Department: Administration
Prepared by: Bo Larsen, Community Relations Manager
Staff Contact Information: Bo Larsen, Community Relations Manager
Request to Town Council Regular Meeting (Agenda Language): PRESENTATION:
Communications Strategic Plan and Citizen Engagement Plan.
Staff Summary (Background)
The Town of Fountain Hills is committed to being approachable, transparent, and accessible. Advancing
the free flow of accurate and truthful information is essential to serving the public interest and
contributing to informed decision-making. By communicating clearly, the Town will maintain
relationships with the media, government officials, and the public. Most importantly, keeping these
stakeholders informed will build the relationship between Town leaders and citizens, promote trust and
respect between local government and its constituents, and create an atmosphere that invites citizen
involvement in decisions that affect the community.
Attachments
Combined Communications Plans
Form Review
Inbox Reviewed By Date
Finance Director David Pock 02/23/2022 11:18 AM
Town Attorney Aaron D. Arnson 02/23/2022 11:46 AM
Town Manager Grady E. Miller 02/23/2022 03:58 PM
Form Started By: Bo Larsen Started On: 01/25/2022 02:47 PM
Final Approval Date: 02/23/2022
Communications Strategic Plan
2021
2
Community Relations/Public Information Mission:
The mission of the Community Relations/Public Information Office is to be the TRUSTED SOURCE of
information by accurately communicating news and information to Fountain Hills' citizens, elected
officials, customers, employees, and news media via internal and external communication sources.
The Community Relations Department has four key goals:
1) To establish the Town of Fountain Hills as the primary source for Town news, emergency
communications, and information on events.
2) To inform, educate and engage residents and stakeholders about Town responsibilities, services,
activities, and results.
3) To inform Town elected officials and Town leadership of any Town projects, incidents, and
potential and current media coverage.
4) To help inform, educate and engage Town employees about the policies, procedures and
information they need to succeed in their jobs and represent the Town in public interactions.
These goals are achieved through the following activities:
• Raise public awareness of the decisions made by the Town Council and Town Manager using
multiple communication channels
• Crisis communications planning and action as needed
• Provide Town information via the web, social media, printed newsletters, and the news media
• Stream Town Council meetings live on www.fh.az.gov Ch. 11 and Cox Cable Government Access Ch.
11 with replays on YouTube
• Respond in a timely manner to media and public records request
• Utilize video, digital and multimedia content to enhance communication
• Design and produce printed and digital content that engages and informs the reader
• Create custom communication plans to address Town client needs
• Speech writing and coaching for elected officials and key town staff, as needed
3
Town of Fountain Hills Communications Strategic Plan
Table of Contents
Page 4 Goal: Deliver Effective CRISIS COMMUNICATIONS residents will depend on in the
event of an emergency
Page 5 Goal: Produce highly visual and informative SOCIAL MEDIA posts that engage the
community
Page 5 Goal: Build and maintain strong MEDIA RELATIONS
Page 6 Goal: Build a strong Online Digital Management System
Page 7 Goal: Produce Proactive and Responsive PUBLIC INFORMATION and COMMUNITY
RELATIONS
Page 7 Goal: Create Engaging EMPLOYEE COMMUNICATIONS
Page 8 Goal: Citizens Engagement Process
Page 8 Goal: Develop versatile VISUAL CONTENT Library
Page 9 HOW WE MEASURE SUCCESS 2021-2022
Page 10 APPENDIX CITIZEN ENGAGEMENT PLAN
4
Goal: Deliver Effective CRISIS COMMUNICATIONS residents will depend on in the event of an
emergency
Strategy: Be a key resource for residents, businesses, and media partners for up to date information
during emergency situations in or near the Town of Fountain Hills. Emergency situations include:
wildfires, floods, public safety, and road closures.
Action Steps:
• Be proactive with communications and anticipate the needs of residents to ensure emergency
preparedness during the wildfire and/or monsoon seasons for example. Share information and
resources to help residents be prepared in the event of an emergency.
• Produce up-to-the-minute communications in the event of an emergency. Provide accurate and
current information and resource information as it becomes available.
o Work closely with agency PIOs to disseminate and share critical information
o Develop a communications network among Town departments and business/social
organizations to distribute critical information to clients/customers/residents
• Develop strong media relations which are utilized to provide current and accurate information
about emergency situations in Fountain Hills.
o Press releases and direct communications with reporters will provide accurate information
to the media.
o Town’s PIO will establish a media safe zone for interviews with Town officials, and live
updates to the media.
• Develop emergency communication resources to provide residents and media with up-to-the-
minute information during an emergency
o Social Media – Facebook and Twitter will be utilized to share current situational information
and will be updated frequently as needed. Each post will have a time stamp ensure the
information is the latest.
o CodeRed – Subscribed residents will be updated with latest information of events and
activities. An ongoing registration campaign will raise participation.
o Website – fh.az.gov will have information of an ongoing event updated each hour, if
available.
o FH Emergency Hotline – if developed, this will allow residents who do not subscribe to
digital resources to call a dedicated phone number with a recorded message for current
emergency information (Wildfires, Floods, Road Closures)
o Ch. 11 – In the event of a major emergency, the channel will be used to post available
resources and emergency contact information.
• Promote Town emergency communication resources to community residents: CodeRed, Social
Media (Facebook, Twitter, and NextDoor), and Website, Ch. 11. In the event of an emergency these
channels will be utilized to communicate with residents.
5
Goal: Produce highly visual and informative SOCIAL MEDIA posts that engage the community
• Facebook, Twitter, Instagram, LinkedIn, NextDoor, YouTube
Strategy: Use social media to communicate Town information, promote events, and emergency
communications to the public and employees.
Action Steps:
• Share external information via the Town’s social media sites (Facebook, Twitter, Instagram,
LinkedIn, and YouTube) following best practices, the Town of Fountain Hills Social Media Policy and
tailoring our message to targeted audiences.
• Utilize video, digital and multimedia content to support and enhance communication.
• Manage content contributed by departments
• Update the Social Media Policy as needed
• Develop video and audio content for distribution on Social Media
• Monitor social media closely to address concerns and trends in communications from residents
• Develop cross promotional opportunities on social media for various Town departments (i.e.
tourism, economic development, community services)
• Develop social media advertising when appropriate and requested to promote Town events
• Develop promotional opportunities on Facebook through “boost” avenues to increase likes and
shares when appropriate
• Monitor and archive interactions on all Town social media sites through ArchiveSocial
Goal: Build and maintain strong MEDIA RELATIONS
Strategy: Be responsive, timely and accurate regarding media inquiries, proactively promote Town
information as media stories, and seek media coverage for special events and programs.
Action Steps:
• Always be responsive to media inquiries with a less than one-hour reply
• Develop and distribute media releases to media list which includes FH Times, news outlets in the
Phoenix Metro, and other media outlets as necessary
• Direct communication in person, on the phone, via email, with reporters to deliver information,
discuss stories and schedule interviews.
• Meet with Town departments to develop and plan media strategies
• Conduct media training for department directors and staff to prepare for interviews
6
• Collect media inquiries from around the Town and send a weekly media inquiry summary to Town
Manager
Goal: Build a strong Online Digital Management System
WEBSITE (fh.az.gov or fountainhillsaz.gov) and INTRANET (https://intranet.fh.az.gov/ )
Strategy: Use the Town’s external and internal websites to communicate Town information to the
public and employees.
Action Steps:
• Update the design of the Town of Fountain Hills website so that it is easy to navigate and people
can quickly find what they are looking for.
o Average 2-4 minutes per visit
o Increase overall visitors
o Visual site that promotes the town brand
• Maintain and/or refresh content
o Follow analytics and work with departments to remove any content that is no longer relevant
or is outdated.
o Update visuals on site
• Support departments in creating content that meets standards for accessibility so that all visitors to
fh.az.gov are able to access the content they need.
• Utilize video, digital and multimedia content to support and enhance communication
o Add current content relevant to employees to Intranet
o Archive or remove content that is outdated
• Utilize video, digital and multimedia content to support and enhance communication
• Support departments in creating content that meets standards for accessibility so that all visitors to
fh.az.gov are able to access the content they need.
7
Goal: Produce Proactive and Responsive PUBLIC INFORMATION/COMMUNITY RELATIONS
Strategy: Encourage proactive community engagement with Town leadership and departments.
Community engagement campaigns will increase awareness, transparency and active citizen
participation. Community engagement activities will be focused around Town initiatives and delivered
based on community interest.
Action Steps:
• Produce engaging and informative quarterly community newsletter – Fountain Hills Insider
• Develop strategic community relations plan to guide current and future efforts
• Be a trusted Town resource for community questions and guide Town residents to the best
resource to help answer their specific concern
• Hold community meetings and meet with key stakeholders specifically related to major Town
initiatives
• Speak to groups and organizations proactively and regularly about Town services. (PIO, Town
Manager, Department Leads)
• Develop communication strategies to target select demographic groups. (Youth, Seniors, for
example)
• Participate in Town Podcast and Valley Focus radio interviews and redistribute on social media and
Town’s websites
• Develop informative slides for Ch. 11 government channel playback
• Create posters, fliers, and mailers as necessary
Goal: Create Engaging EMPLOYEE COMMUNICATIONS
Strategy: Town employees are an important marketing and communications tool which enhances the
Town’s messaging strategies. A strong Employee Communications program will provide important,
timely and accurate information to all employees using a variety of communication channels.
Action Steps:
• Produce All Staff emails when needed to communicate urgent information to employees.
• Produce and email monthly newsletter to employees to highlight events and feature stories.
• Design posters, bulletin boards, mailed letters, and other products as needed.
• Help Human Resources in communicating important news and educational information.
• Proactively use Town social media sites including Facebook, Twitter, Instagram and LinkedIn to tell
the Town of Fountain Hills story.
8
• Post relevant internal information to intranet.fh.az.gov
o Calendars, HR information, Events
Goal: CITIZENS ENGAGEMENT
Strategy: A well-informed citizenry is crucial for effective government communications and strong
accountability of government agencies and leadership. Civic engagement creates and maintains an
educated, aware, motivated, engaged, and fulfilled community. The level of public engagement can
range from keeping the public informed to involving the public’s participation in the decision-making
process. Engaging the public early and at the appropriate level helps create buy-in for the process and
the final decision.
Action Steps:
• Outline Needs and Desired Outcomes:
o Create clear activity outline defining goals and outcomes;
o Identify decision makes and dates when formal decisions will be made
o Determine the level of public engagement based on the scope and impact of the project
o Determine which public to target and how to engage them
o Develop a timeline to achieve public engagement
o Determine how to measure and archive public engagement results
o Determine how the results will be shared with the public
Goal: Develop versatile VISUAL CONTENT Library
Strategy: Share Town of Fountain Hills’ story with photographs and video content.
Action Steps
• Develop a digital media library of photographs and video for all Town department use
• Take and share photographs of events, activities, and projects to enhance the messaging for the
Town’s communications.
• Take and create video content for use in social media, web, and for video programming (State
of the Town, etc.)
• Use visuals for Ch. 11 slides where appropriate
9
HOW WE MEASURE SUCCESS 2021-2022
Goal: Deliver Effective CRISIS
COMMUNICATIONS residents will
depend on in the event of an
emergency
• Goal ZERO complaints about emergency
communications
• Each designated emergency event hits
targets of Social Media, Webpage, Code Red
(if applicable), FH Times/Media
Goal: Produce highly visual and
informative SOCIAL MEDIA posts that
engage the community.
• Increase platform likes/followers by 2%
yearly
• Increase in engagement/shares
• Reach
Goal: Build and maintain strong
MEDIA RELATIONS
• Measure and track through online media
tracking service (TVeyes)
• Stories generated
• Advertising value, where measurable
• Impressions, readership and
viewership
• Increased year over year TV and Radio
placements
• Increased external sites online placements
Goal: Build a strong Online Digital
Management System
• New website design
• Increase overall usage
• Maintain 2-4 minutes per visit
Goal: Produce Proactive and
Responsive PUBLIC
INFORMATION/COMMUNITY
RELATIONS
• Quarterly publication home delivered within
5 days of target date
• 24-hour response to resident inquiries
• Attend major community events
• Represent Town at community meetings
• Community Survey 2021
Create Engaging EMPLOYEE
COMMUNICATIONS
• Create yearly Survey Monkey for internal
usage
• Increase usage of Intranet Chat
communications
• Monthly employee newsletter distributed on
last pay-day of month
Goal: Develop a versatile VISUAL
CONTENT Library
• Visual Library established in June 2021
• All Departments utilizing in 2021
Citizen
Engagement
Plan
2021
PREPARED BY BO LARSEN
COMMUNITY RELATIONS MANAGER
2021 Communications Plan
Appendix
A well-informed citizenry is crucial for effective
government communications and strong accountability of
government agencies and leadership. Civic engagement
creates and maintains an educated, aware, motivated,
engaged, and fulfilled community. The level of public
engagement can range from keeping the public informed
to involving the public’s participation in the decision-
making process. Engaging the public early and at the
appropriate level helps create buy-in for the process and
the final decision.
Citizen Engagement brings government and citizens
together to foster collaborative conversations, build
positive relationships, and promote new, innovative ways
for citizens to be informed, engaged, and involved in
decision making. Through the use of social media, other
digital platforms, neighborhood collaboration, public
outreach, and other special projects, the Public
Information/Community Relations Office provides a one-
stop-shop for engaging with the public.
The Town of Fountain Hills is committed to being
approachable, transparent, and accessible. Advancing the
free flow of accurate and truthful information is essential
to serving the public interest and contributing to informed
decision-making. By communicating clearly, the Town will
maintain relationships with the media, government
officials, and the public. Most importantly, keeping these
stakeholders informed will build the relationship between
Town leaders and citizens, promote trust and respect
between local government and its constituents, and
create an atmosphere that invites citizen involvement in
decisions that affect the community.
2
Connecting with Residents on
Key Policy and Election Issues
Town Council and the Town Administration make decisions that often have a direct effect on
residents and businesses. Decisions made can be in a policy, recommendation for bonds,
ballot initiatives on an upcoming election or changes to the Town budget, as examples. It is
imperative that when programs, policies and election related decisions are enacted that
residents are made aware and have the opportunity for comment. The Citizen Engagement
Plan provides a guideline in how the Town will communicate with constituents on important
topics and issues.
Elections
The Town of Fountain Hills holds elections every even year for Mayor and eligible Town
Council seats, and any ballot initiatives. All elections for county and town initiatives and
representatives are managed by the Maricopa County Elections Department. When
elections are occurring in Fountain Hills, the Town follows strict guidelines set forth by the
county elections department, and provides information to the public.
Town Communication Tools Messaging
Town Website – www.fountainhillsaz.gov The Town of Fountain Hills’ Town Clerk
maintains an election page
www.fountainhillsaz.gov/180/Elections-
Elecciones that provides Voter Registration
information, Campaign Finance Reports,
Election Results, Forms & Information, Local
Candidate Elections, and candidate and
referendum information.
Media The Town will promote upcoming elections
and information about these elections in the
Fountain Hills Times through press releases.
Press releases for elections at
www.fountainhillsaz.gov/674/Public-
Information-Office
3
Messaging
Publication of Election Information Town produces a printed election overview
of upcoming elections and referendum for
Fountain Hills’ residents to review.
Town Council Meetings
Town Hall Meetings
Press Conferences
Open Houses
Town Sponsored Meetings Public meetings may be held to allow
residents to ask questions of Town
leadership or candidates.
www.fountainhillsaz.gov Town website provide information about the
election and where residents may vote in
person, or drop-off mail-in ballots.
www.recorder.maricopa.gov/elections Maricopa County Elections Department
administers city, town, school district, special
district, state and federal elections in
Maricopa County.
Town of Fountain Hills Public Information
Office will announce upcoming elections and
provide links to appropriate Town/County
websites.
Social Media
4
Town Communication Tools
News Releases
Cox Cable Channel 11
Speakers Bureau and Community Outreach
Town provides written information for local
and regional print and website media with
factual information about Town policies and
events.
Cox Cable provides a government access
channel (11) to the Town. Static displays and
short videos are shown about upcoming
events or items of community interest.
Town Council or Town Leadership are
invited to community civic organizations and
stake holders to provide updates on Town
activities.
Major and Minor Policy
The Town Council of Fountain Hills makes policy decisions for Town staff to implement.
Policy is a “law, regulation, procedure, administrative action, incentive, or voluntary practice
of governments and other institutions. Policy decisions are frequently reflected in resource
allocations” (www.merriam-webster.com/dictionary/policy). When policies are enacted,
either major or minor is scope and resources, the Town will communicate this information
to residents. An example of a major policy could be a change to utilization fees of a park or
sign ordinance change. A minor policy or “guiding principle” example could be a liquor
license approval or approval of new board commissioners.
MessagingPolicy
Town Website
www.fountainhillsaz.gov
All Policies Information about
approved policies is
available on the Town’s
website through the
agenda management
system - Agenda - View
Meetings
(destinyhosted.com)
Media Major Policies - Major Policy
approvals have a larger
impact to Town resources
(staff time and financial), and
will bring more impact to
residents.
Town press release (s)
about the policy and its
impacts are shared with
local print media, and
other media outlets if
deemed of high interest.
Local media will publish
a story about the policy
change in the Fountain
Hills Times.
5
Communication Tools
MessagingPolicy
Town Website
www.fountainhillsaz.gov
Major Policies Press release shared on
Town Website
Information is posted on
the appropriate
department website
pages.
Social Media Major Policies If a policy has an impact
on the entire community
then a social media
posting is warranted to
educate the public.
Fountain Hills Insider
– Newsletter
Major Policies Major policies will
generally have an effect
on residents. Articles
will highlight the
benefits and impacts of
the policy.
Mayor and Town Council Major Policies Any press releases
delivered to Town
Council prior to local
publication.
Town Website
www.fountainhillsaz.gov
Information may be
found at - Agenda -
View Meetings
(destinyhosted.com)
Information may be
found on Department
website pages if needed
Minor - Depending on the
impact of the policy to
residents or Town operationsThough a policy may have
little to no effect on
residents, there may be an
interest. Depending on
the uniqueness of the
minor policy Social Media
may be utilized to
promote or highlight the
minor policy.
6
Communication Tools
Bond Referendums
A bond referendum is a voting process that gives voters the power to decide if
a municipality should be authorized to raise funds through the sale of bonds.
Town Council may choose to ask residents for additional funding to support major capital
projects. These projects may include streets repair and replacement, park construction,
Fountain Lake repairs, or other infrastructure need that far exceeds the normal Town
budget.
Messaging
Media Town will produce press releases to raise
awareness of the referendum for local
newspapers, radio, and television news
outlets.
Town Website
www.fountainhills az.gov
Town would have an information page on
the bond referendum to explain what it
would accomplish.
Social Media Town social media postings would
highlight what the bond referendum
would accomplish, and links to an
information page on the Town’s website
www.fountainhillsaz.gov.
Newsletter – Fountain Hills
Insider
Town would publish awareness articles in
the Town produced newsletter to
educate readers on the purpose and cost
of the referendum.
Cox Channel 11
(Government TV channel)
Mayor and Town Council
Town may place awareness slides and or
video of the proposed referendum to
educate viewers.
Town Council will receive press release
information prior to local publication7
Communication Tools
Budget Process, Adoption and Updates
Transparency is a core value of governmental budgeting. Good public participation
practices can help governments be more accountable and responsive to their communities
and improve the public’s perception of governmental performance and the value the public
receives from their government. Developing a transparent budget process will enhance the
government’s credibility and trust within the community.
Messaging
Media Town will produce press releases to raise
awareness about public meetings with
discussions concerning Town budget
Town Website
www.fountainhills az.gov
Town has an information page on the
budget process and the approval
timelines.
Newsletter – Fountain Hills
Insider
An article will provide an overview of the
Town's budget.
Mayor and Town Council Town Council will receive press release
information prior to local publication
8
Communication Tools
Get Connected. Stay Connected.
Residents of Fountain Hills are provided with a variety of passive
communication outlets to stay engaged and be informed of Town activities
and services, events, and public meetings.
Social Media – The Town
uses a variety of Social
Media outlets to share
information concerning
Town activities and events.
Fountain Hills
Facebook – @
TownofFountainHills
Twitter - @ fhazgov
Instagram – @
townoffountainhills
LinkedIn – @ town-of-
fountain-hills
YouTube – @
/c/TownFountainHills
Economic Development
LinkedIn - @ fountain-hills-
economic-development
Community Services
Facebook - @ fhparksandrec
Instagram - @ fountainhillsrec
Citizen Connection Opportunity
Residents have the ability to be an
active participant in the
conversation, and respond to
Town posted communications in
an appropriate manner.
Town of Fountain Hills Website –
The newly revised Town website
provides a nearly complete
overview of all departments,
services and activities for the
Town of Fountain Hills.
www.fountainhillsaz.gov Residents can keep up to date with
news through the press release
feature, see upcoming meeting
notices, and contact department
staff and Town leaders.
Town of Fountain Hills Cox Cable
11 and YouTube recordings
Cox Cable Ch. 11
www.fountainhillsaz.gov/386/Channel-11
YouTube
www.youtube.com/c/TownFountainHills
Ch. 11 on Cox Cable is a channel
dedicated to government
communications. Residents can
watch a live broadcast of the
Town Council meetings, as well as
other information about upcoming
events. All Town videos are
available on YouTube. 9
Communication Tools
Get Connected. Stay Connected.
Fountain Hills Insider –
Town of Fountain Hills
community newsletter
Delivered quarterly to all Town
residential homes and businesses
Citizen Connection Opportunity
Articles in the Fountain Hills
Insider provide a call-to-action to
contact Town departments or
Town leadership
Media Relations – Public
Information uses local and regional
media outlets to share stories of
upcoming events, projects or
critical news.
Most Common News Outlets
- Fountain Hills Times
- fhtimes.com
- Arizona Republic
- AZCentral.com
- ABC15
- 12News
- Fox10News
- AZFamily (Ch. 3 & 5)
- KTAR – 92.3 FM
- KFYI – 550 AM
- KJZZ (NPR) 91.5 FM
The Fountain Hills Times will
publish and report stories about
Town events and activities on a
weekly basis.
Regional news media outlets carry
Fountain Hills stories
Public Town Meetings and
Community Outreach Events
- Town Council Meetings
- Boards and Commission Meetings
- Community Events and Outreach
Attending Town meetings allows
residents to learn about important
issues being discussed, and
these meetings allow for input
from the public.
10
Communication Tools
Staying Informed During an Emergency
Most emergencies occur unexpectedly, and information provided by neighbors, social
media, and many times, local media is often not current or accurate for the moment.
Emergencies include wildfires, floods, public safety, and road closures. The Town of
Fountain Hills is the critical resource for residents, businesses, and media partners for up-
to-date information during emergencies in or near the Town of Fountain Hills.
Town Website –
www.fountainhillsaz.gov
Home page notices are updated as new information becomes
available. A date and time stamp will show the most current
updates.
The Town will use Facebook – @ TownofFountainHills and Twitter -
@ fhazgov to send up-to-the-minute information as it becomes
available.
Social Media
CodeRED is a FREE emergency notification service provided to all
residents within Fountain Hills. The system sends an emergency
message through phone calls, text messages, emails, social media and
the CodeRED Mobile Alert app. The system is used to keep residents
informed of local events that may immediately impact their safety.
Receive notifications for:
- Missing Children
- Emergency Preparedness
- Emergency Evacuation Notices
- Wildfires
- Public Health Crisis
- Criminal Activity
CodeRED
Local news media will report on incidents occurring in Fountain Hills. Local News Media
11
Staying Informed During an Emergency
Most emergencies occur unexpectedly, and information provided by neighbors, social
media, and many times, local media is often not current or accurate for the moment.
Emergencies include wildfires, floods, public safety, and road closures. The Town of
Fountain Hills is the critical resource for residents, businesses, and media partners for up-
to-date information during emergencies in or near the Town of Fountain Hills.
Town Website –
www.fountainhillsaz.gov
Home page notices are updated as new information becomes
available. A date and time stamp will show the most current
updates.
The Town will use Facebook – @ TownofFountainHills and Twitter -
@ fhazgov to send up-to-the-minute information as it becomes
available.
Social Media
CodeRED is a FREE emergency notification service provided to all
residents within Fountain Hills. The system sends an emergency
message through phone calls, text messages, emails, social media and
the CodeRED Mobile Alert app. The system is used to keep residents
informed of local events that may immediately impact their safety.
Receive notifications for:
- Missing Children
- Emergency Preparedness
- Emergency Evacuation Notices
- Wildfires
- Public Health Crisis
- Criminal Activity
CodeRED
Local news media will report on incidents occurring in Fountain Hills. Local News Media
11
Staying Informed During an Emergency
Most emergencies occur unexpectedly, and information provided by neighbors, social
media, and many times, local media is often not current or accurate for the moment.
Emergencies include wildfires, floods, public safety, and road closures. The Town of
Fountain Hills is the critical resource for residents, businesses, and media partners for up-
to-date information during emergencies in or near the Town of Fountain Hills.
Town Website –
www.fountainhillsaz.gov
Home page notices are updated as new information becomes
available. A date and time stamp will show the most current
updates.
The Town will use Facebook – @ TownofFountainHills and Twitter -
@ fhazgov to send up-to-the-minute information as it becomes
available.
Social Media
CodeRED is a FREE emergency notification service provided to all
residents within Fountain Hills. The system sends an emergency
message through phone calls, text messages, emails, social media and
the CodeRED Mobile Alert app. The system is used to keep residents
informed of local events that may immediately impact their safety.
Receive notifications for:
- Missing Children
- Emergency Preparedness
- Emergency Evacuation Notices
- Wildfires
- Public Health Crisis
- Criminal Activity
CodeRED
Local news media will report on incidents occurring in Fountain Hills. Local News Media
11
Fountain Hills Insider
Each quarter, homeowners in Fountain Hills receive an eight-page newsletter from their
town government called the Fountain Hills Insider. This publication, produced by the
Community Relations Department, provides an overview of recent events, town
achievements, and critical upcoming activities. Each issue contains contact information
for Town services, Town Council, and other community resources.
11
Digital Services and Social Media
The Town's website page, www.fountainhillsaz.gov, contains all the information a visitor
and resident needs to be informed about services, programs, and critical information in
the event of an emergency.
Social Media platforms like Facebook, Instagram, Twitter, LinkedIn, and YouTube used by
the Town keep residents in the know on events, services, Town activities, and emergencies.
11
27
Stay current and follow
the Town of Fountain Hills
www.fountainhillsaz.gov
@fhazgov
@TownofFountainHills
@townoffountainhills
@town-of-fountain-hills
/TownFountainHills
16705 E. Avenue of the Fountains
Fountain Hills, Arizona 85268
480-816-5100
ITEM 7. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 03/15/2022 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Administration
Prepared by: Elizabeth A. Klein, Town Clerk
Staff Contact Information:
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Approval of the minutes of the Regular Meeting of March 1, 2022.
Staff Summary (Background)
The intent of approving meeting minutes is to ensure an accurate account of the discussion and action
that took place at the meeting for archival purposes. Approved minutes are placed on the Town's
website and maintained as permanent records in compliance with state law.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approving the minutes of the Regular Meeting of March 1, 2022.
SUGGESTED MOTION
MOVE to approve the minutes of the Regular Meeting of March 1, 2022.
Attachments
Minutes
Form Review
Form Started By: Elizabeth A. Klein Started On: 03/03/2022 03:58 PM
Final Approval Date: 03/03/2022
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR MEETING
OF THE FOUNTAIN HILLS TOWN COUNCIL
MARCH 1, 2022
1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Dickey
Mayor Dickey called the Regular Meeting of the Fountain Hills Town Council held March
1, 2022, to order at 5:30 p.m. and led the Council and audience in the Pledge of
Allegiance.
2.MOMENT OF SILENCE
A Moment of Silence was held.
3.ROLL CALL – Mayor Dickey
Present: Mayor Ginny Dickey; Vice Mayor Gerry Friedel; Councilmember Peggy
McMahon; Councilmember Mike Scharnow; Councilmember Alan Magazine;
Councilmember David Spelich; Councilmember Sharron Grzybowski
Staff
Present:
Town Manager Grady E. Miller; Acting Town Attorney Trish Stuhan; Town Clerk
Elizabeth A. Klein
4.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER
Town Manager Grady Miller introduced Acting Town Attorney Trish Stuhan.
Vice Mayor Friedel recognized Fire Chief Dave Ott. He said that he had reached out to
Chief Ott regarding the possibility of the Fire Department accompanying the Fountain Hills
High School Boys Basketball Team out of Town. He said that the department led the
procession, along with members of other organizations as they headed to the State
Semi-Finals. He congratulated the Falcons on their success.
He said that he attended a ribbon cutting for Batchelor's Pad and he and the Mayor
attended the ADOG dog park ribbon cutting. He said that one of their members had
donated $27,000 for a new shade structure at the park, stating that it was a great
partnership.
He also spent time at the Art Fair, noting it was the busiest he has seen the fair in quite a
while. It was exciting to see and he hoped the vendors did well. He also reported that the
Town would be lighting the fountain on Wednesday evenings through the month with
alternating blue and yellow to show the Town's solidarity with Ukraine.
Councilmember Scharnow reported that he and the Mayor were at the high school waving
good bye to the basketball team as they left for the semi-final game. He said that the Fire
Department was there and the Sheriff's Department had a big part, as well as the Street
Department. He said that Dwight Johnson pulled that together.
He said that he was at the Fair with the Noon Kiwanis food booth and they were very busy
all day Sunday.
Councilmember Magazine said that he was the fair as an artist, and the crowd was
incredible, and the weather was fabulous. It was the best show he has had in years, and
he complimented the Chamber of Commerce for its success.
Councilmember Grzybowski said she virtually attended the East Valley Economic Vitality
Committee meeting, and the key takeaway was that they need all price points in single
and multifamily housing. She also attended a virtual meeting with GPEC where they
reviewed the regional report. While the call was about health care, work force investments
are the key to the future, including work force housing. She also attended one legislative
update call, but would reserve her comments until the end of the agenda.
Mayor Dickey said the Council held their Council Retreat last week, and she encouraged
everyone to watch it on YouTube. She thanked staff and her colleagues and volunteers
that help them look back, look at what they are doing, and look into the future.
She said that she also attended the ribbon cutting for Batchelor's and it smelled so good
that it almost got her back in meat. And, the ADOG donation was awesome and she
appreciated the donor's generosity.
She said that the County Board of Supervisors appointed someone to replace Supervisor
Chucri, and she met with his office. She said that it is important to keep up talks with the
County, especially regarding the Flood District.
5.SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
A.PRESENTATION: Report by Amy Burnette, Arizona Game & Fish Information & Education
Program Manager, regarding wildlife.
Amy Burnette, Arizona Game & Fish Information & Education Program Manager, gave a
PowerPoint presentation on Living with Wildlife in Fountain Hills, attached hereto and
made a part hereof as Exhibit A.
B.Overview of Town of Fountain Hills citizen satisfaction of services survey presented by
Ryan Murray of ETC Institute.
Ryan Murray with ETC Institute presented a PowerPoint presentation on the results of the
recent citizen satisfaction of services survey, attached hereto and made a part hereof as
Exhibit B.
6.CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431.01(H), public comment is permitted (not required) on matters NOT listed on the
agenda. Any such comment (i) must be within the jurisdiction of the Council, and (ii) is subject to reasonable
time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during
Call to the Public unless the matters are properly noticed for discussion and legal action. At the conclusion of
the Call to the Public, individual councilmembers may (i) respond to criticism, (ii) ask staff to review a matter, or
(iii) ask that the matter be placed on a future Council agenda.
Town Council Regular Meeting of March 1, 2022 2 of 12
The following individuals addressed the Town Council:
•Gail Conn, Fountain Hills, voiced concern with attendees at the festival held last weekend
parking their cars in front of fire hydrants, and officers not writing citations.
•Liz Gildersleeve, Fountain Hills, voiced concern with the proposed ASRS membership,
stating that the presentation was slanted, and it would add another $150,000 each year in
fixed employee compensation costs. She said that only three on Council pushed back and
asked substantive questions.
Councilmember Spelich asked if the Town would be required to increase employee
salaries to make them whole.
•Crystal Cavanaugh, Fountain Hills, said that they would soon be considering stricter
restrictions on group homes, and limiting the occupancy is the key. There should be a cap
of no more than five, including the caretaker. She said that they should start building a
legal defense fund, and the League should collaborate with them.
•Larry Meyers, Fountain Hills, thanked staff for working on something that he brought to
them regarding ordinances of the town. He said that if it is written down, followed, and
never waived for anyone, they will not have any problem. If it is modified, it should be
through a public process.
Councilmember Magazine said that he listened to Mr. Trimble's long presentation on the
Arizona State Retirement System and does not understand it. It would be helpful for him to
see a list of pros/cons of the system. Mr. Miller said that they would share with the Council
the same one they shared with employees. He said that since the Town Council had
further questions, he would come back at a later time with this issue.
Mr. Miller reported that, in response to the resident regarding fire hydrants being parked in
front of during the Fair, he was texted by MCSO that they were ticketing people, but the
timing may have been off. He apologized for the response of the officer on the street.
7.CONSENT AGENDA ITEMS
All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be
enacted by one motion of the Council. All motions and subsequent approvals of consent items will include all
recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items
unless a councilmember or member of the public so requests. If a councilmember or member of the public
wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the
Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which
the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal
sequence on the agenda.
MOVED BY Councilmember Sharron Grzybowski, SECONDED BY Councilmember David
Spelich to approve Consent Agenda Items 7-A through 7-D.
Vote: 7 - 0 Passed - Unanimously
A.CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes of the Regular
Meeting of February 15, 2022.
Town Council Regular Meeting of March 1, 2022 3 of 12
B.CONSIDERATION OF Approval of Contract C2022-036.1 with Matlick Enterprises, Inc. dba
United Fire Equipment Company in an amount not to exceed $32,000.00 for three thermal
imagining cameras for firefighter safety.
C.CONSIDERATION OF Resolution 2022-08 approving the 2021 Maricopa County
Multi-Jurisdictional Hazard Mitigation Plan.
D.CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-07, abandoning the 10'
Public Utility and Drainage Easement along
the south side of 15113 E Greene Valley Drive (Application A22-00003)
8.REGULAR AGENDA
A.CONSIDERATION AND POSSIBLE ACTION: to Adopt the 2022 Strategic Plan.
Chairman John Craft of the Strategic Planning Advisory Commission said that they
presented earlier to the Council on the draft Strategic Plan and had integrated the
Council's comments into the final Plan. He gave a PowerPoint presentation which
addressed the following:
STRATEGIC PLAN 2022
Guiding Principles
COMMUNITY & STAKEHOLDER INPUT
PRIMARY COMMUNITY INTERESTS
Business Development
Technology Services
Town's Condition
Environment
Town Finances
Safety
KEYNOTE THEMES IN THE PLAN'S DEVELOPMENT
Collaborative Partnering
Transparency & Ownership
Stewardship of Local Environment
STRATEGIC PRIORITIES
NOTEWORTHY FINAL REVISIONS TO PLAN
Eliminated all supplemental work documents from the Plan including SWOT analysis
Deleted three (3) original supporting tasks, including the biennial budget option, as being
inconsistent with the Plan's focus
Modified 15 supporting tasks to reflect a more proactive tone
Modified 6 signature strategies
TARGETED COLLABORATIVE ECONOMIC DEVELOPMENT
Signature Strategy #1
Retain existing businesses & attract new ones
Signature Strategy #2
Lead the formation of collaborative economic development groups
Town Council Regular Meeting of March 1, 2022 4 of 12
PROMOTE LONG-TERM FINANCIAL SUSTAINABILITY OF TOWN
INFRASTRUCTURE, ENVIRONMENTAL AND SOCIAL SERVICES
Signature Strategy #1
Maintain transparency by communicating the Town's finances to the public
Signature Strategy #2
Promote long-term financial health and stability of the Town (Ownership)
Signature Strategy #3
Periodically review Town services to identify opportunities for improving efficiency and
effectiveness
Councilwoman McMahon said, in reference to the task of holding public meetings
separate from regular meetings to discuss the finances of the Town, that the Town has
been extremely transparent. There have been over 12 opportunities for them to actively
participate. She said that all the finances are on the website; she feels the transparency is
already there.
Mr. Miller said that they did not have much of an issue with this; he did agree with her.
Being the liaison for the Commission he heard a lot of background discussion. It fits with
the survey, communication, etc. There is a lot of information out there; they need to find
way to get people to the sessions.
One thought that the Commission had was to take the initiative to address the various
service organizations around Town and solicit feedback.
Councilmember Magazine said that they have such sessions in the past at the community
center, and perhaps they could advertise.
Mayor Dickey added that they already hold one of these meetings each year and have
started holding quarterly updates from staff.
Councilmember Scharnow said that he agreed with that, trying to be more creative. He
liked the idea of going to the various groups in town.
It was clarified that the referenced researchers and grant writer would work in a proactive
manner, not as an employee.
CONTINUE TO IMPROVE THE PUBLIC HEALTH, WELL-BEING, AND SAFETY OF
OUR TOWN
Signature Strategy #1
Promote the natural and built environment of Fountain Hills to promote health, well-being
and safety
Signature Strategy #2
Promote Fountain Hills as a community focused on public health, well-being, and safety
(Stewardship)
MAINTAIN CURRENT INFRASTRUCTURE WHILE PREPARING OUR TOWN FOR
EMERGING TRENDS THAT INCREASE PUBLIC SAFETY AND QUALITY OF LIFE
Signature Strategy #1
Develop an investment plan and schedule to maintain/bring FH's streets, medians,
buildings, and parks to established standards
Signature Strategy #2
Support local broadband buildouts and deployment efforts while ensuring the preservation
Town Council Regular Meeting of March 1, 2022 5 of 12
of conduit right of way for future technologies (Stewardship)
Signature Strategy #3
Increase ease and safety of multi-use aspects of Fountain Hills roads (Stewardship)
Signature Strategy #4
Utilize services provided by other government agencies and outside entities in evaluating
and supporting the health of Fountain Hills parks (Collaborative partnering)
Councilmember Scharnow said that he thought they had already done a lot of this through
the Pedestrian and Traffic Safety Committee, and through the Active Transportation Plan.
Councilmember McMahon suggested that on Signature Strategy #3, the first Supporting
Task stated that "The FH Town Council Subcommittee on Pedestrian & Traffic Safety will
identify roads...." She believes that they already do that so perhaps they add, "will
CONTINUE TO" prior to identify roads.
Councilmember Scharnow questioned "benchmark" under the Supporting Task of
Signature Strategy #4, asking if that meant ranking it. Mr. Miller said that as part of the
Parks Master Plan they talked about trying to follow the nationally-recognized standards.
He said that they could remove the word "benchmark" and replace it with,
"nationally-recognized standards for maintenance of the," Town's park system.
Discussion was held on the first Supporting Task for Signature Strategy #3, again, and
Councilmember McMahon suggested instead of it reading, "and produce a plan," it could
be changed to, "and continue to update plans and schedules." All agreed.
Councilmember Magazine said that this took some really heavy lifting and wanted to
compliment and thank John, the Commission, and staff for their work.
Mayor Dickey said that she appreciated they were willing to listen to the Town Council and
incorporate their comments into the Plan.
MOVED BY Councilmember Peggy McMahon, SECONDED BY Councilmember Alan
Magazine to adopt the 2022 Strategic Plan subject ot the stipulations mentioned
(1-changing the wording of Supporting Task one under Signature Strategy #3 of MAINTAIN
CURRENT INFRASTRUCTURE WHILE PREPARING OUR TOWN FOR EMERGING
TRENDS THAT INCREASE PUBLIC SAFETY AND QUALITY OF LIFE, to read, "The FH
Town Council Subcommittee on Pedestrian & Traffic Safety will continue to identify roads
where lack of a safe and interconnected sidewalk system increases risk to pedestrians and
continue to update plans and schedules to remedy; and 2-under Signature Strategy #4, first
Supporting Task change to read, "Utilize nationally-recognized standards for maintenance
of the Town's park system.")
Vote: 7 - 0 Passed - Unanimously
Town Council Regular Meeting of March 1, 2022 6 of 12
B.CONSIDERATION AND POSSIBLE DIRECTION: regarding a site plan for Park Place
Phase II (16845 E. Avenue of the Fountains) and Phase III (13000 block of N. Verde River,
west side).
Development Services Director John Wesley began a PowerPoint presentation to review
the proposed site plan for Park Place Phase II and III which addressed:
BACKGROUND
REGULATORY DOCUMENTS - DEVELOPMENT AGREEMENT
REGULATORY DOCUMENTS - GENERAL PLAN
REGULATORY DOCUMENTS - SPECIFIC PLAN
REGULATORY DOCUMENTS - ZONING
SITE PLAN - PHASES II AND III - BUILDINGS E AND F
SITE PLAN - PHASE II, BUILDINGS E & F
Mr. Wesley reviewed the parking calculations. He said that the lowest level is garage level,
with 3800 sq. ft. of commercial space, with stairs required to access. He said that
commercial signage goes on the suite of the use, so signage would not be visible.
He said that the Development Agreement did make a height exception, but it is not on this
building.
SITE PLAN - PHASE III, BUILDING B
Councilmember Spelich said that he looked at this a few times and listened to the Planning
and Zoning Commission meeting. He asked what the difference was between this and
what the commission approved. Mr. Wesley said that there are two major differences. First,
the art walk was narrowed; and second, the Commission was looking for Building F to
become a more active overall view--similar to American Sports Grill across the street, and
that is really not seen in the revised drawings.
Councilmember Spelich said that when they made their motion, it was approved
unanimously, but with the changes they wanted and those changes have not been made.
Mr. Wesley said that their motion included the wording, "to explore the possibilities" with
regard to the commercial space. The Planning and Zoning Commission Chairman said that
this is not what he was expecting to see.
Discussion was held on the commercial aspect of the building and in the end, when asked
by Council, Mr. Wesley said that it was incomplete.
Vice Mayor Friedel said that he was at the Planning and Zoning Commission meeting for
over 2.5 hours. He left that meeting believing that there would be commercial on the corner,
but having that commercial in the basement is a dealbreaker.
Discussion was then held on the parking along the Avenue of the Fountains and the
ingress/egress off of the Avenue. Mr. Wesley said that they are telling them that, with
agreements, the development designs work together. Councilmember Scharnow said that
the access drive is not going to look good, and asked why they need it. Mr. Wesley said
Town Council Regular Meeting of March 1, 2022 7 of 12
that it will be for visitor parking and deliveries.
Mayor Dickey said that her understanding regarding the corner was there would be an
outdoor area, for possibly a restaurant with outside seating. Mr. Wesley said that he did
not hear them say that so clearly, but he did hear "active."
Bart Shea asked if the site plan met the technical requirements. Mr. Wesley said that he
still has concerns with the commercial space, and whether it is a first floor. Mr. Shea said
that it is similar to Georgie's. He said that when they first negotiated the development
agreement he wanted commercial on the corner. Mr. Miller said that the Planning and
Zoning Commission did believe it met the technical requirements, but they added the two
stipulations.
Mr. Shea said that they have a parking area for 130 stalls accessed from Paul Nordin and
Verde River Rd. He said that it took two years to negotiate the development agreement
with the Town; they have put some commercial on the corner and expedited everything to
get this in on time.
After further discussion, Mr. Wesley said that the Commission, in their motion, did say
"explore" bringing commercial under Building F to the corner, up on the first floor above
grade level, so it was visible and active. He does not believe it meets what the Planning
and Zoning Commission requested.
Mr. Shea said that in Sec. 5.8 of the development agreement, it says the building will be all
residential. Mr. Wesley read from Sec. 5.8, noting that it says it may be all residential; it did
not preclude commercial.
Councilmember McMahon said she feels that she has not had the opportunity to look at the
plan, having just received the amended one yesterday, and the Commission has not
looked at it either. Councilmember Magazine said that the Commission does a great job,
but he wished they would not use terms such as "explore."
Mr. Ken Okamoto, Button Capital, said that if they look at Sec. 5.8 of the development
agreement, it states that the "developer is allowed to put in commercial." They cannot be
compelled to put in commercial, but they are trying to be as responsive as possible. It will
be good for the community. They are in business for making money for investors, but they
are also members of the community. It is in their best interest to put in something
commercially viable.
Mayor Dickey asked staff what the development agreement says with regard to technical
requirements versus what actions may be made by the Commission or Council.
At this time the Acting Town Attorney, Trish Rhutan, reminded the Town Council that they
have listed on the agenda the ability to go into executive session for legal advice.
MOVED BY Councilmember David Spelich, SECONDED BY Councilmember Sharron
Grzybowski to recess into Executive Sessioin.
Vote: 7 - 0 Passed - Unanimously
The Town Council recessed the Regular Session at 8:15 p.m.
Town Council Regular Meeting of March 1, 2022 8 of 12
The Fountain Hills Town Council Regular Meeting of March 1, 2022, reconvened Open
Session at 8:58 p.m.
At this time, the following individuals addressed the Council:
•Ed Stizza, Fountain Hills, stated that the corner of Avenue of the Fountains and Saguaro is
very important, and it certainly needs to be finished off. He said there are a lot of details
with this plan that the public is not going to agree with. It would be nice to have a wider art
walk for the residents, and retail underneath the corner does not make a lot of sense. He
said there are a lot of constraints; it is a big deal to get this right.
•Brenda Kalivianakis, Fountain Hills, said that she is an attorney and the developer got into
a contract with a different Town Council and Town Attorney. He is here now to execute that
contract; they cannot renegotiate the terms of that development agreement. He entered
into the contract in good faith with the Town and if they do not play ball and be nice, they
will end up in court.
Councilmember Grzybowski said that the commercial added between the last submission
and yesterday is not retail friendly. To compare it to Georgie's is not a fair assessment.
Georgie's is open and friendly. She sees this as a very narrow window that is not retail
friendly at all.
Mayor Dickey said that Building E is what she has issues with.
Councilmember Scharnow noted that he has not chimed in yet. He believes this proposed
site plan does not meet the technical requirements and he thinks that further exploration is
needed.
Mr. Okamoto said that they already have a tenant that is interested in that commercial
space and would prefer that type of location. It is not the Town Council's job to determine
whether something is commercially viable; that is for the developers to determine.
Mayor Dickey said that they were talking about the technical part. Part of what they do
consider is what they think is best for the Town.
Councilmember McMahon said that her concerns are more to do with the design and
accessibility. Councilmember Scharnow said that he did not think that all of the stipulations
of the Commission were met.
MOVED BY Councilmember Mike Scharnow, SECONDED BY Councilmember Alan
Magazine to deny the site plan as submitted.
Vote: 7 - 0 Passed - Unanimously
Town Council Regular Meeting of March 1, 2022 9 of 12
C.CONSIDERATION AND POSSIBLE ACTION: Adoption of Resolution 2022-06 approving
Facility, Street, and Honorary Naming Policy.
Community Services Director Rachael Goodwin gave a brief presentation on this, noting
that the Council previously discussed it and it was being brought back for formal
adoption.
Councilmember Magazine said that he has no problem at all with Dr. Wright; however,
he was concerned with naming streets after local elected officials.
Councilmember McMahon asked if there were any other streets in town named after
elected officials. Staff noted there was Keith McMahan, which was an actual street
name, not an honorary street name like this.
Mayor Dickey asked if there was any limit on the number of honorary street names they
would consider each year. Ms. Goodwin said that they did not include a limit. If they find
they are getting a lot of these requests, it could be brought back to consider making an
amendment.
MOVED BY Vice Mayor Gerry Friedel, SECONDED BY Councilmember Sharron
Grzybowski to adopt Resolution 2022-06.
Vote: 7 - 0 Passed - Unanimously
D.CONSIDERATION AND POSSIBLE ACTION: Approval of Honorary Street Naming
Application for Dr. C.T. Wright.
Councilmember Spelich said that he had submitted this application as Dr. C.T. Wright
was a dear friend of his. When he first came to the area Dr. Wright welcomed him. He
was an amazing individual, and he never had a bad word to say about anyone. He
reached across sides of the aisle.
MOVED BY Councilmember David Spelich, SECONDED BY Vice Mayor Gerry
Friedel to approve the Honorary Street Naming Application for Dr. C.T. Wright.
Vote: 7 - 0 Passed - Unanimously
E.DISCUSSION WITH POSSIBLE DIRECTION relating to any item included in the League
of Arizona Cities and Towns’ weekly Legislative Bulletin(s) or relating to any action
proposed or pending before the State Legislature.
Mr. Miller reviewed primary bills that have recently been brought to their attention:
Primary Contracting. It is currently 35%, and moving to 45% over the next three years. It
would reduce what the Town receives through contracting for construction. Construction
sales tax would take a big hit. For the state, it would mean roughly $153 million after
reaching the 45%, with an annual impact of about $100 million to cities and towns.
Town Council Regular Meeting of March 1, 2022 10 of 12
The Town Council agreed to oppose this bill.
Mr. Miller said that HB2276 is the same thing as SB1487, but for school districts. Any
legislators can challenge any policy or regulation made by a school superintendent or
principal, including universities.
HB2624, regarding having to maintain minimum level of effort to support law
enforcement. If the Town was able to receive a reduction from MCSO after their audit,
the Town could not pay less or they could lose an equivalent amount of state shared
revenues.
Federal ARPPA funds, if a city/town has a legal property tax increase, it would require
them to use these funds to offset that cost. With the CARES Act the federal government
challenged it, so with the ARPPA, it was written in that such use could not be done.
HB2275 - Mayor Dickey said that this bill would change the current law of only requiring
80% of condo owners to agree to dissolve them and forcing the other 20% to sell, to
requiring 100% of the condo owners, and that is why they should support this bill.
Council agreed to take an official stand on each of these bills as discussed.
9.COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER
Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action,
or (ii) directing staff to conduct further research and report back to the Council.
Vice Mayor Friedel said that he was on a call today about a town designating a safe
zone where online sales could be exchanged. He suggested that the Town consider
designating a safe zone in Fountain Hills.
Councilmember Scharnow noted that he was outside the Mesa Police Department, and
he noticed a sign for a safe zone.
10.ADJOURNMENT
MOVED BY Councilmember David Spelich, SECONDED BY Councilmember Sharron
Grzybowski to adjourn.
Vote: 7 - 0 Passed - Unanimously
The Regular Meeting of the Fountain Hills Town Council held March 1, 2022, adjourned
at 9:32 p.m.
TOWN OF FOUNTAIN HILLS
____________________________
Ginny Dickey, Mayor
Town Council Regular Meeting of March 1, 2022 11 of 12
ATTEST AND PREPARED BY:
______________________________
Elizabeth A. Klein, Town Clerk
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular
Meeting held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 1st day of
March, 2022. I further certify that the meeting was duly called and that a quorum was present.
DATED this 15th day of March, 2022.
_________________________________
Elizabeth A. Klein, Town Clerk
Town Council Regular Meeting of March 1, 2022 12 of 12
ITEM 7. B.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 03/15/2022 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Administration
Prepared by: David Pock, Finance Director
Staff Contact Information: David Pock, Finance Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Approval of a budget transfer for the General Fund and Vehicle Replacement Fund.
Staff Summary (Background)
Throughout the fiscal year, it is sometimes necessary to transfer funds from one budget account to
another. In most cases, the funds to be transferred are within the same department and can be made
administratively without the need to request Town Council approval. The following transfer is needed
to move budget between departments and between funds.
$30,604.11 from General Government Administration Contingency (GENAD) to Golden Eagle Park
Operations (GEPOP) to purchase a replacement tractor/loader
$18,635.13 from General Government Administration Contingency (GENAD) to Vehicle
Replacement Administration (VRAD) to use previously collected internal service charges towards
the purchase of a replacement tractor/loader.
Related Ordinance, Policy or Guiding Principle
Town Council approved financial policies and best practices.
Risk Analysis
If not approved, the budgets for the General Fund and Vehicle Replacement Fund could be exceeded.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval of the budget transfer as requested.
SUGGESTED MOTION
MOVE to approve the attached budget transfer as requested.
Attachments
Budget Transfer
Form Review
Inbox Reviewed By Date
Finance Director (Originator)David Pock 03/03/2022 10:00 AM
Town Attorney Aaron D. Arnson 03/03/2022 10:57 AM
Town Manager Grady E. Miller 03/03/2022 03:53 PM
Form Started By: David Pock Started On: 03/03/2022 09:14 AM
Final Approval Date: 03/03/2022
03/03/2022 09:23 |TOWN OF FOUNTAIN HILLS |P 1
DPock |BUDGET AMENDMENTS JOURNAL ENTRY PROOF |bgamdent
LN ORG OBJECT PROJ ORG DESCRIPTION ACCOUNT DESCRIPTION PREV BUDGET AMENDED
ACCOUNT LINE DESCRIPTION EFF DATE BUDGET CHANGE BUDGET ERR____________________________________________________________________________________________________________________________________
YEAR-PER JOURNAL EFF-DATE REF 1 REF 2 SRC JNL-DESC ENTITY AMEND
2022 09 17 03/15/2022 BUA PARKS TRAC 1 8
1 GENAD 7010 GENERAL GOVERNMENT ADMIN CONTINGENCY 4,916,413.00 -49,239.24 4,867,173.76
100-10-15-110-100-0106-7010- TO VRAD AND GEPOP 03/15/2022
2 VRAD 8010 VEHICLE REPL-ADMIN VEHICLES 56,000.00 18,635.13 74,635.13
810-10-15-901-000-2207-8010- FM GENAD FOR PARK TRACTOR 03/15/2022
3 GEPOP 8010 GEP-OPERATIONS VEHICLES .00 30,604.11 30,604.11
100-50-50-502-510-1515-8010- FM GENAD FOR PARK TRACTOR 03/15/2022
** JOURNAL TOTAL 0.00 Z
ITEM 7. C.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 03/15/2022 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Administration
Prepared by: David Trimble, Deputy Town Manager/Admin. Serv. Dir.
Staff Contact Information: David Trimble, Deputy Town Manager/Admin. Serv. Dir.
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Adoption of Resolution 2022-12 Authorizing renewal of the Town of Fountain Hills'
membership in the Arizona Metropolitan Trust.
Staff Summary (background)
In 2016, the Town joined the Arizona Metropolitan Trust (AzMT) for employee health related benefits,
and renewed its membership in 2019. Trust membership operates in three-year cycles, so it is time to
renew the Town’s membership for another three-year term. AzMT consists of other Arizona cities and
towns such as Paradise Valley, El Mirage, Apache Junction, and Wickenburg. There is no membership
fee to join AzMT and the Town enjoys the benefit of reduced medical, dental, vision, and life insurance
premiums. In the first year after joining AzMT, the Town saved over $100,000, and similar savings have
continued. For example, the Town had regularly budgeted nearly 17% of wages for these benefits
before joining AzMT. Since joining AzMT, the Town has budgeted significantly less, and is anticipating
spending approximately 13.25% of wages in the next fiscal year. That equates to a savings of
approximately $162,000 for FY2023. This requested renewal would maintain the same arrangement for
employee benefits for the next three years, at which time the Town would likely choose to renew again
if past experience continues positively. Before joining AzMT, the Town had been under the
broker/provider model with various open enrollment periods for different benefit types. Joining AzMT
allowed the Town to eliminate brokerage fees, and streamline the open enrollment, and COBRA
(Consolidated Omnibus Budget Reconciliation Act, requiring optional continued coverage after
employees separate from Town employment) administration processes. Additionally, as a Trust
member the Town now participates in important decisions such as plan design, premium rate setting,
and claims appeals. For these reasons, we recommend approval of the Town’s renewal for another
three-year term in AzMT.
Related Ordinance, Policy or Guiding Principle
Attract and retain quality staff.
Risk Analysis
Employee health and related premiums would be considerably higher for the level of benefits
Employee health and related premiums would be considerably higher for the level of benefits
contracted for if the Town of Fountain Hills was not a member of AzMT.
Recommendation(s) by Board(s) or Commission(s)
Staff Recommendation(s)
Staff recommends approval of Resolution 2022-12.
SUGGESTED MOTION
MOVE to adopt Resolution 2022-12.
Fiscal Impact
Fiscal Impact:$0
Budget Reference:N/A
Funding Source:
If Multiple Funds utilized, list here:
Budgeted: if No, attach Budget Adjustment Form:Yes
Attachments
AzMT Summary
AzMT offer renewal letter
Resolution
Form Review
Inbox Reviewed By Date
Finance Director David Pock 03/01/2022 07:34 AM
Town Attorney Aaron D. Arnson 03/01/2022 08:32 AM
Town Manager Grady E. Miller 03/03/2022 03:51 PM
Form Started By: David Trimble Started On: 02/26/2022 11:14 AM
Final Approval Date: 03/03/2022
As of December 31, 2021
• Originally formed 07/01/12 by Apache Junction, Avondale, El Mirage and Youngtown
• Currently 9 members: Apache Junction, Buckeye Valley Fire District, El Mirage, Fountain Hills,
Litchfield Park, Paradise Valley, Sun City Fire District, Wickenburg and Youngtown.
• Founding Premises
o A home for public entities accessing care in the metro Phoenix area
o Shift control from insurance companies (sellers) to members (purchasers)
o Emphasize health promotion (Wellness) versus paying for illness
• Governance
o Board of Trustees appointed by member entities
o Equal voting and representation
• Differentiators from Other Pools
o Direct Trustee Governance
o Contracts Held in Name of Trust
Transparent
o Unbundled
Each piece purchased separately
Increases flexibility in benefit design
Decreases costs
Increased control for plan sponsors
o Surplus/Deficit
Allocated monthly from date of membership
Includes monthly adjustments for pro-rated “profits” and losses
Interest income
Includes annual adjustment for pro-rated Incurred But Not Paid (IBNP)
Returned via formula upon departure
• Finances
o “Run it like a business” recognize the Trust is a public entity, spending tax dollars
o Risk Management (Business) Plan
o Conservative funding (looking for stability and predictability)
o Benefits and rates developed by the Trust’s actuary
o Build surplus
Stabilizing factor for unusual claims activity
Rate cushion when structural changes occur
Health Care Reform
Economic downturns
• Results
o Rate Increases Average 3% Since Inception (9 Years)
o “Clean” Audits every year since June 30, 2013
o “Clean” DOI Report as of 06/30/17 (Conducted every 5 years)
o No litigation of any kind
o Financial Position as of 12/31/21
Cash - $5,472,702
Surplus = $5,211,586
MEMBER ENTITIES
CITY OF APACHE JUNCTION
BUCKEYE VALLEY FIRE
DISTRICT
CITY OF EL MIRAGE
Crystal Dyches, Chairperson
TOWN OF FOUNTAIN HILLS
Grady Miller, Vice Chairperson
CITY OF LITCHFIELD PARK
TOWN OF PARADISE VALLEY
SUN CITY FIRE DISTRICT
TOWN OF WICKENBURG
TOWN OF YOUNGTOWN
February 22, 2022
Grady Miller, Town Manager
Town of Fountain Hills
16705 E. Avenue of the Fountains
Fountain Hills, AZ 85268
Dear Grady:
As you know, the Arizona Metropolitan Trust Board of Trustees extended an offer to
renew Fountain Hills’ membership in the Trust for another three-year term beginning
July 01, 2022.
Should you wish to accept this offer, please have your Town Council approve the
attached Renewal Resolution and return to me by April 01, 2022. Should the Town
decide they wish to leave AzMT at the end of the membership term, please notify me
in writing by April 02, 2022.
We look forward to our continued partnership! Please let me know if you need
anything further or have any questions.
Sincerely,
GALLAGHER BENEFIT SERVICES
Jaime
Jaime L. Schulenberg
Pool Administrator
HEALTHCARE
IN YOUR
HANDS
c/o Gallagher Benefit Services
1115 N Stockton Hill Rd.
Suite 101
Kingman, AZ 86401
928.391.2297
Jaime_Schulenberg@ajg.com
www.azmt.org
RESOLUTION NO. 2022-12
A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF
FOUNTAIN HILLS AUTHORIZING THE RENEWAL OF THE TOWN OF
FOUNTAIN HILLS’ MEMBERSHIP IN THE ARIZONA METROPOLITAN
TRUST
RECITALS:
WHEREAS, the Town of Fountain Hills (“Fountain Hills”) is currently a Participating Entity in the
Arizona Metropolitan Trust (“the Trust”); and
WHEREAS, the Town’s current term of membership as a Participating Entity shall expire on
June 30, 2022; and
WHEREAS, the Trust’s Board of Trustees (“the Trust Board”) has offered a renewal membership
to Fountain Hills commencing July 01, 2022; and
WHEREAS, the Town of Fountain Hills wishes to renew its participation in the Trust for a three
(3) year Membership Period commencing July 01, 2022 and terminating June 30, 2025; and
WHEREAS, renewal of the Town’s membership in the Trust will serve the interest of the Town
and its employees.
ENACTMENTS:
NOW, THEREFORE IT IS RESOLVED by the Mayor and Town Council of the Town of
Fountain Hills, Arizona that they authorize the renewal of the Town’s membership in the Trust for
the period commencing July 1, 2022, and terminating June 30, 2025.
PASSED AND ADOPTED by the Mayor and Town Council of the Town of Fountain Hills, Arizona
this 15th day of March, 2022.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dickey, Mayor Elizabeth A. Klein, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Miller, Town Manager Aaron D. Arnson, Pierce Coleman PLLC
Town Attorney
ITEM 7. D.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 03/15/2022 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Community Services
Prepared by: Linda Ayres, Recreation Manager
Staff Contact Information: Rachael Goodwin, Community Services Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Approval of an Extension of Premises Application for the Fountain Hills Elks Lodge
which is hosting a beer garden in conjunction with a charity event on April 2, 2022.
Staff Summary (Background)
The purpose of this item is to obtain the Town Council's approval regarding the special event liquor
license application submitted by Sam Coffee representing Fountain Hills Elks Lodge for submission to the
Arizona Department of Liquor. This extension of premises permit is being obtained for the purpose of
holding a beer garden in conjunction with a charity event. The application was reviewed by staff for
compliance with Town ordinances and staff recommends approval of the special event liquor license
application as submitted.
Related Ordinance, Policy or Guiding Principle
A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1-235, and R19-1-309
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval
SUGGESTED MOTION
MOVE to approve the Extension of Premises Event for the Fountain Hills Elks Lodge as requested.
Attachments
G:\Special Events\Liquor Apps\2022
Form Review
Inbox Reviewed By Date
Community Services Director Rachael Goodwin 03/08/2022 07:18 AM
Finance Director David Pock 03/08/2022 08:35 AM
Town Attorney Elizabeth A. Klein 03/08/2022 11:27 AM
Town Manager Grady E. Miller 03/08/2022 11:30 AM
Form Started By: Linda Ayres Started On: 02/23/2022 02:22 PM
Final Approval Date: 03/08/2022
ITEM 7. E.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 03/15/2022 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Development Services
Prepared by: John Wesley, Development Services Director
Staff Contact Information: John Wesley, Development Services Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Approving a Map of Dedication for a portion of Serenity Estates.
Staff Summary (Background)
Serenity Estates was platted in 2008 as an eleven lot, single-family subdivision at the end of Cerro Alto
Drive. The improvement plans for the development were approved and the owner has maintained the
bond on the improvements since that time. The subdivision improvements were never installed.
A new owner purchased the land in 2021 with the intention of completing the subdivision. Staff has
been working with this new owner since that time to bring the subdivision up to current standards. One
of the changes needed was to increase the size of the cul-de-sac to accommodate the turning radius of
larger vehicles, such as fire trucks and solid waste pick up vehicles. This change to the plat is being
accomplished through a Map of Dedication which provides an easement around the existing cul-de-sac
radius.
A second modification included in the Map of Dedication is to increase the length of a wall easement
provided on Lots 6 and 11. This wall easement allows for the location of a retaining wall along the
street.
There are no other changes to the recorded plat.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff Recommendation(s)
Staff recommends approval of the Map of Dedication for Serenity Estates.
SUGGESTED MOTION
MOVE to approve the Map of Dedication for a portion of Serenity Estates.
Attachments
Vicinity Map
Map of Dedication
Form Review
Inbox Reviewed By Date
Development Services Director (Originator)John Wesley 03/02/2022 12:30 PM
Form Started By: John Wesley Started On: 03/02/2022 10:15 AM
Final Approval Date: 03/02/2022
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Serenity Estates
Map of Dedication
FNP21-000001
ITEM 7. F.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 03/15/2022 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Development Services
Prepared by: Farhad Tavassoli, Senior Planner
Staff Contact Information: Farhad Tavassoli, Senior Planner
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Approval of a six-month extension to the approved Special Use Permit to allow four
residential units at an existing building located at 16842, 16843, 16844 and 16845 E. Avenue of the
Fountains (generally located north of Avenue of the Fountains, between Saguaro Blvd. and Verde River
Dr.) and in the C-2 (Intermediate Commercial) Zoning District and the Entertainment Overlay District. SU
2021-04
Staff Summary (Background)
Per Chapter 2 of the Zoning Ordinance,
"A building permit for the construction of any improvements allowed by any special use permit issued
by the Town Council shall be secured within six (6) months from the date of approval. Any lapsing of the
building permit prior to completion of the improvements will cause the Special Use Permit to become
null and void. Prior to the termination of this time limit, the applicant may make a written request to the
Town Council and the Council may reconsider said use permit to determine if the permit should be
reissued for an additional time period or be terminated."
The subject Special Use Permit was approved on August 17, 2021. Staff received a letter, dated February
16, 2022, for a six month extension, one day shy of the expiration date. The agenda item is to review a
request from the applicant for that extension, from the date of expiration. If approved, the permit will
be valid until August 17, 2022.
The subject property consists of an existing building located within Plat 208, north of Avenue of the
Fountains, and approximately halfway between Saguaro Blvd. and Verde River Drive. It is zoned C-2
(Intermediate Commercial) and is contained within the Planned Shopping Center and Entertainment
Overlay Districts. The building's exact year of construction is unclear, but historical aerial photographs
confirm it was built sometime between 1977 and 1986. Sofrita's restaurant occupies a portion of the
first floor and faces the Avenue. The subject for this application include two units on the first floor
behind the restaurant and two units on the second floor. All four units are currently vacant.
The applicant intends to convert each unit to residential apartments, complete with kitchen, living room
and two bedrooms. Each unit will be brought to compliance with the 2018 International Building Code,
which may require modifications to the exterior of the building. The extent of modifications will be
determined when the applicant files for a building permit. No additional on-site parking will be required
in Plat 208.
Section II of the Fountain Hills General Plan 2020 discusses the elements that help create thriving
neighborhoods. One of the items listed is having a variety of housing types. This section includes
policies to encourage a broad range of housing types affordable to all income ranges and a range of
housing types and densities consistent with the character area.
Section III of the General Plan includes the information on the Character Areas in the Town. More
specifically, the subject property is within the Town Center, where a highly integrated mix of uses is
encouraged. However, the Plan recommends residential uses above the first floor, while envisioning
commercial uses at the street level. This is further echoed by the Downtown Specific Area Plan. In
staff's opinion, the ground-floor units behind Sofrita's restaurant are historically underutilized and offer
poor visibility for commercial activity. Thus, a residential conversion could better ensure their long-term
use while contributing to the overall vision of a vibrant town center.
The zoning ordinance Section 12.03 allows consideration of residential uses in all commercial zoning
districts with the approval of a Special Use Permit (SUP). Furthermore, Section 25.03 allows residential
uses on the second floor above a building with a maximum of 8 dwelling units per acre, but a greater
density would require a Special Use Permit. Section 2.02 of the zoning ordinance establishes the process
and criteria for consideration of a SUP. Section 2.02 D. 5. of the zoning ordinance states:
5. In order to recommend approval of any use permit, the findings of the Commission must be that the
establishment, maintenance, or operation of the use or building applied for will not be detrimental to
the public health, safety, peace, comfort, and general welfare of persons residing or working in the
neighborhood of such proposed use, nor shall it be detrimental or injurious to property and
improvements in the neighborhood or to the general welfare of the Town.
This area has been zoned and platted for commercial uses prior to incorporation of the Town. It is still
the desire of the Town to have this be a successful commercial center. The question is whether allowing
four residential apartments on the property would be detrimental to the health, safety and welfare of
Plat 208 and the downtown area. Staff believes adding residential uses would add a complement to the
range of retail, office, and service-oriented uses in the area.
Related Ordinance, Policy or Guiding Principle
Zoning Ordinance Section 2.02 - Special Use Permits
Zoning Ordinance Section 12.03 - Uses Subject to Special Use Permits in the C-1, C-C, C-2, and C-3
Zoning District
Zoning Ordinance Section 25.04 - Uses Subject to Special Use Permit in the Entertainment Overlay
District
General Plan 2020, Section II: Thriving Neighborhoods
General Plan 2020 Character Areas, Table 1 Character Area Plan
Risk Analysis
If the request for an extension is approved, the applicant is granted an additional six months from the
original date of approval to submit obtain a building permit to make the necessary improvements to the
building as presented.
If the request for an extension is denied, the applicant will not be able to make the necessary
improvements as presented. Additionally, Chapter 2 of the Zoning Ordinance states, "No person shall
reapply for the same or substantially the same use permit on the same or substantially the same plot,
lot, or parcel of land within a period of one (1) year from the date of denial of said use permit."
Recommendation(s) by Board(s) or Commission(s)
The Planning and Zoning Commission reviewed and considered this request at their regular meeting on
July 12, 2021. The applicant and his architect both attended the meeting and provided a brief summary
of their intentions with the building. There were no other citizens present who wished to speak on this
item. The Commission recommended approval of the Special Use Permit with a 4-2 vote. Chairman Gray
and Commissioner Kovacevic voted against the motion.
At the August 17, 2021 Town Council meeting, Council voted unanimously (7-0) to approve the Special
Use Permit as presented.
Staff Recommendation(s)
Staff recommends the Town Council APPROVE the request for a six-month extension to the approved
Special Use Permit to allow four residential units in an existing building located at 16842, 16843, 16844,
16845 E. Avenue of the Fountains, beginning from the original expiration date of February 17, 2022.
SUGGESTED MOTION
MOVE to approve a six-month extension to the Special Use Permit to allow four residential units in an
existing building located at 16842, 16843, 16844, 16845 E. Avenue of the Fountains, beginning from the
original expiration date of February 17, 2022.
Attachments
Request for Extension
Vicinity Map
Narrative
Site Plan
Form Review
Inbox Reviewed By Date
Development Services Director John Wesley 03/03/2022 10:53 AM
Form Started By: Farhad Tavassoli Started On: 03/03/2022 07:41 AM
Final Approval Date: 03/03/2022
CASE:
SU2021-04
SITE / ADDRESS:
16842-16843-16844-16845 E. Avenue of
the Fountains
APN #176-05-075 & 176-05-076
REQUEST:
SPECIAL USE PERMIT to allow four
residential units at an existing building
located at 16842-16843-16844-16845 E.
Avenue of the Fountains (generally located
north of Avenue of the Fountains, between
Saguaro Blvd. and Verde River Dr.) and in
the C-2 (Intermediate Commercial) Zoning
District and the Entertainment Overlay
District.
Site Location
ITEM 7. G.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 03/15/2022 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Development Services
Prepared by: Farhad Tavassoli, Senior Planner
Staff Contact Information: Farhad Tavassoli, Senior Planner
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Extension of a Special Use Permit to allow residential uses on a 0.58 acre
property in the Community Commercial (C-C) zoning district at 17134 E. Kingstree Blvd., generally
located at the northwest corner of Saguaro Blvd. and Kingstree Blvd.
Staff Summary (Background)
Per Chapter 2 of the Zoning Ordinance,
"A building permit for the construction of any improvements allowed by any special use permit
issued by the Town Council shall be secured within six (6) months from the date of approval. Any
lapsing of the building permit prior to completion of the improvements will cause the Special Use
Permit to become null and void. Prior to the termination of this time limit, the applicant may
make a written request to the Town Council and the Council may reconsider said use permit to
determine if the permit should be reissued for an additional time period or be terminated."
The subject Special Use Permit was approved on September 21, 2021. It will expire on March 21, 2022 if
the request for an extension is not approved. This agenda item is to review a request from the applicant
for that extension.
The 25,350-sq. ft. subject property, located at the northwest corner of Saguaro and Kingstree Blvd., is
vacant and zoned C-C (Community Commercial). The allowable uses in this zoning district are identical
to the C-1 (Neighborhood Commercial and Professional) zoning district, but allows for common parking
areas rather than parking on individual lots.The property at this corner is part of Plat 202, which was
platted in 1972 for this type of development. Currently, this block of Plat 202 houses a church, martial
arts studio, dance studio, offices, and a restaurant. There are also several condominiums east of the
alley, behind the commercial parcels. The common parking area contains 174 stalls, including 9
ADA-compliant stalls.
The applicant is proposing a small mixed-use development. The purpose for the special use permit
request is to allow the residential component of the development in a commercial zoning district, as
required by the zoning ordinance. The project will consist of three, two-story buildings. The largest
building will be to the east, facing Saguaro Blvd. This building will feature a variety of office suites on the
building will be to the east, facing Saguaro Blvd. This building will feature a variety of office suites on the
first floor, including a break room and conference room. The upper floor will consist of four residential
units.
Buildings A and B to the west will feature as many as eight live/work units. The applicant envisions uses
such as cafés, art studios, beauty salons, and professional services on the ground floor, with a residential
upper floor for each business. There will be a central courtyard with landscaping and outdoor seating.
The applicant has provided color renderings and building elevations to show facade treatment, wall
articulation, varied roof lines, and other modern architectural elements.
Section II of the Fountain Hills General Plan 2020 discusses the elements that help create thriving
neighborhoods. One of the items listed is having a variety of housing types. This section includes
policies to encourage a broad range of housing types affordable to all income ranges and a range of
housing types and densities consistent with the character area.
Section III of the General Plan includes the information on the Character Areas in the Town. This small
commercial area at Saguaro and Kingstree Blvd. was included as part of the surrounding Neighborhood
character type. More specifically, this area is considered a Mixed Neighborhood with smaller lots and a
mix of non-residential uses. This existing commercial area is intended to remain a low intensity area
with any further development or redevelopment consistent with the surrounding neighborhood.
Allowing the proposed residential use would be consistent with the intent of the Plan for this area.
The zoning ordinance Section 12.03 allows consideration of residential uses in all commercial zoning
districts with the approval of a Special Use Permit (SUP). Section 2.02 of the zoning ordinance
establishes the process and criteria for consideration of a SUP. With regards to the possible actions and
findings of the Planning and Zoning Commission, Section 2.02 D. 5. of the Zoning Ordinance states:
5. In order to recommend approval of any use permit, the findings of the Commission must be
that the establishment, maintenance, or operation of the use or building applied for will not be
detrimental to the public health, safety, peace, comfort, and general welfare of persons residing
or working in the neighborhood of such proposed use, nor shall it be detrimental or injurious to
property and improvements in the neighborhood or to the general welfare of the Town.
This area has been zoned and platted prior to incorporation of the Town for commercial uses. It is still
the desire of the Town to have this be a successful commercial center. For the Commission to
recommend approval, they needed to determine if the introduction of residential uses to this area of
Plat 202 would be detrimental to the desired commercial activity and whether the residential use would
be detrimental to the public health, safety, peace, or comfort of the neighborhood.
A review of this property shows that over its almost 50-year history it has not fully developed and has
been considerably underutilized. The applicant for this case will provide activity on the ground level by
opening his office and will provide constant activity for the development by virtue of also residing on the
property. The introduction of live/work units as well as four, stand-alone residential units at this
location would not be detrimental to the neighborhood and could likely benefit the area by having this
development more actively used. Furthermore, the existing condominiums to the west of the alley help
provide a good transition between the mixed-use nature of this development and the single-family
residential properties even further to the west.
Should Town Council approve the Special Use Permit, staff will continue to work with the applicant on
Should Town Council approve the Special Use Permit, staff will continue to work with the applicant on
details related to the site plan, grading and drainage plan, and required landscaping before filing for a
building permit.
Planning and Zoning Commission Discussion
At the Planning and Zoning Commission meeting on August 9, there was significant concern shared by
some Commissioners regarding the adequacy of the common parking area for this development; that
there may not be sufficient parking in the established parking lot for all the development which could
occur within this development. The Commissioners were concerned that the proposed development
would result in a demand for more parking than is available as the site continues to build out.
Since the meeting, staff has further reviewed the existing development and considered the possible
impacts of the proposed SUP on the development. The approved entitlements for this property allow
the site to be developed with two-story commercial uses covering each lot. It was determined at the
time of the initial platting and zoning that the parking provided would be sufficient for the amount of
development that would occur. The development which has taken place to date is less than the
maximum entitlement on several of the lots. Staff is not aware that there has ever been a parking issue
with the existing development and statements at the Planning and Zoning hearing supports this
condition.
The specific request is to allow the second story of the proposed buildings to be used as residences.
There is a total of 10,800 square feet of second-story building space being proposed in the conceptual
site plan. If the second floor area were to be used as offices, staff would project a need for 44 parking
spaces based on our ordinance requirements (more parking would be required for medical office
uses). If the second floor is built out with the maximum number of requested residential units and all
were two-bedroom or larger units, 27 parking spaces would be required. Therefore, approval of the
request SUP should have the impact of reducing the overall parking demand rather than increase it.
Several members of the public also spoke at the P&Z Commission hearing, speaking both for and against
the SUP. Opponents were generally concerned about traffic impacts, project scale, and potential view
obstructions. (It should be noted that the ground elevation for the Saguaro Ridge Villas is approximately
16' above the property in question.) The attached letter of opposition was also provided by the Saguaro
Ridge Villas Association, which is located west of the site. Supporters spoke about the need for more
businesses at the Town, and the potential for this to be a successful development.
Related Ordinance, Policy or Guiding Principle
Zoning Ordinance Section 2.02 - Special Use Permits
Zoning Ordinance Section 12.03 - Uses Subject to Special Use Permits in the C-1, C-C, C-2, and C-3
Zoning Districts
General Plan 2020, Section II: Thriving Neighborhoods
General Plan 2020 Character Areas, Table 1 Character Area Plan
Risk Analysis
If the request for an extension is approved, the applicant is granted an additional six months to submit
for a building permit.
Additionally, Chapter 2 of the Zoning Ordinance states, "No person shall reapply for the same or
substantially the same use permit on the same or substantially the same plot, lot, or parcel of land
within a period of one (1) year from the date of denial of said use permit."
Recommendation(s) by Board(s) or Commission(s)
At their regular meeting on August 9, 2021, the Planning and Zoning Commission recommended denial
of the special use permit with a 4-2 vote, citing the aforementioned concerns regarding parking in
relation to project scale.
At the September 21, 2022 Town Council meeting, Council voted unanimously (7-0) to approve the
Special Use Permit as presented.
Staff Recommendation(s)
Staff recommends approval of the six-month extension request of this Special Use Permit for a
maximum 12 dwelling units.
SUGGESTED MOTION
MOVE to approve the request for a six-month extension to the Special Use Permit to allow a maximum
12 dwelling units at 17134 E. Kingstree Blvd.
Attachments
Request for Extension
Case Map
Aerial Photo
Narrative
Site Drawings
Letter of Opposition
Form Review
Inbox Reviewed By Date
Development Services Director John Wesley 03/03/2022 10:55 AM
Form Started By: Farhad Tavassoli Started On: 03/03/2022 10:23 AM
Final Approval Date: 03/03/2022
FH Urban District
K Group SW Contracting, LLC
PO Box 18571
Fountain Hills, AZ 85269
(480) 816-6155
office@kauffmanhomes.com
March 2, 2022
Farhad Tavassoli
Senior Planner
Town of Fountain Hills
Farhad,
We would like to request a 6-month extension for the FH Urban District. We
are currently in the process of getting all the development plans
prepared, however due to the high volume of development/construction
in the Phoenix area, we have had to reach out to quite a few engineers
and put on their timeline, in order to get this accomplished. We do hope
to have everything done within the next few months to submit for review.
Thank you,
Dan Kauffman
CASE:
SU2021-03
SITE / ADDRESS:
17134 E. Kingstree Blvd.
APN #176-08-411A
REQUEST:
SPECIAL USE PERMIT to allow residential
uses on a 0.58 acre property in the
Community Commercial (C-C) zoning
district at 17134 E. Kingstree Blvd.,
generally located at the northwest corner
of Saguaro Blvd. and Kingstree Blvd.
Site Location
Subject
Property
Vicinity Map
ITEM 8. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 03/15/2022 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Court
Prepared by: Joanna Elliott, Court Administrator
Staff Contact Information: Joanna Elliott, Court Administrator
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Resolution 2022-13 approving an Intergovernmental Agreement with the City of
Tempe authorizing the Town of Fountain Hills to participate in the East Valley Regional Veterans' Court.
Staff Summary (background)
The East Valley Regional Veterans' Court, established in July 2016, is a multicourt initiative that includes
Chandler, Carefree, Cave Creek, Fountain Hills, Gilbert, Paradise Valley, Scottsdale and Tempe. The court
attempts to address the underlying issues veterans have that may, in some cases, lead to committing
crimes. Veterans who commit misdemeanor crimes in any of the participating municipalities can have
their case heard at the Tempe-based court and receive an individualized program designed to address
the veteran’s underlying issues. If the veteran completes the program successfully, he or she may have
their charges reduced or dismissed.
The programs vary with each veteran, with some undergoing individual counseling, while others may
attend an educational or inpatient treatment program. Addressing the underlying issues and showing
veterans the resources that are available to them makes it less likely that they will commit another
crime.
Since the Town of Fountain Hills has a significant number of veterans, Presiding Judge Robert Melton
and staff believe that this diversion program will be beneficial to our community. In order for the
Fountain Hills Municipal Court to participate in this program, the Town Council will need to approve the
attached intergovernmental agreement with the City of Tempe.
Related Ordinance, Policy or Guiding Principle
Administrative Orders 2016-035 and 2018-071.
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval.
SUGGESTED MOTION
MOVE to adopt Resolution 2022-13.
Attachments
Resolution 2022-13
Exhibit A
Form Review
Inbox Reviewed By Date
Town Clerk Elizabeth A. Klein 02/08/2022 10:07 AM
Court Administrator (Originator)Joanna Elliott 02/23/2022 10:53 AM
Town Attorney Aaron D. Arnson 02/23/2022 12:44 PM
Town Manager Grady E. Miller 02/23/2022 03:58 PM
Form Started By: Joanna Elliott Started On: 02/08/2022 09:58 AM
Final Approval Date: 02/23/2022
RESOLUTION NO. 2022-13
A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF
FOUNTAIN HILLS, MARICOPA COUNTY, ARIZONA,
APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH
THE CITIES OF TEMPE, CHANDLER, SCOTTSDALE, AND THE
TOWNS OF CAREFREE, GILBERT, AND PARADISE VALLEY
RELATING TO THE EAST VALLEY REGIONAL VETERANS
COURT
RECITALS:
WHEREAS, the Mayor and Town Council of the Town of Fountain Hills (the “Town”) acknowledge
the benefit of, and desire to participate in, the East Valley Regional Veterans Court (“EVRVC”);
and
WHEREAS, the cities of Tempe, Chandler, and Scottsdale, and the towns of Carefree, Gilbert,
and Paradise Valley desire to cooperate in the EVRVC.
ENACTMENTS:
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. That the Town, through its Mayor and Council, hereby approves the
Intergovernmental Agreement (the “Agreement”), in substantially the form attached hereto as
Exhibit A.
SECTION 2. That the Town hereby authorizes the expenditure of funds for EVRVC, as more
specifically detailed in the Agreement.
SECTION 3. That the Mayor, the Town Manager, the Town Clerk, and the Town Attorney are
hereby authorized and directed to cause the execution of the Agreement and to take all steps
necessary to carry out the purpose and intent of this Resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Maricopa
County, Arizona, this 15th day of March, 2022.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
__________________________________ ____________________________________
Ginny Dickey, Mayor Elizabeth A. Klein, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
__________________________________ ____________________________________
Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney
RESOLUTION NO. 2022-13 PAGE 2
EXHIBIT A
INTERGOVERNMENTAL AGREEMENT
Contract No. 2022-___-COS
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE CITY OF TEMPE
AND
THE EAST VALLEY REGIONAL VETERANS COURT PARTICIPATING MUNICIPALITIES
This Intergovernmental Agreement (“Agreement”) is made and entered into this ___ day of
__________, 2022, by and between the Cities of Tempe, Chandler, and Scottsdale, each
individual Arizona municipal corporations (“Tempe”, “Chandler” and Scottsdale”, respectively) and
the Towns of Carefree, Fountain Hills, Gilbert, and Paradise Valley, each individual Arizona
municipal corporations (“Carefree”, “Fountain Hills”, “Gilbert” and “Paradise Valley”, respectively).
Participating municipalities will be referred to individually in this Agreement as a “Party” and
collectively as the “Parties.”
RECITALS
A. The Parties are authorized and empowered to enter into this Agreement pursuant to
Arizona Revised Statutes (“A.R.S.”) §§ 11-951 and 11-952 and their respective city charters or
other governing authority.
B. Pursuant to A.R.S. § 22-601, the presiding judge of the superior court in each county
may establish a veterans court to adjudicate cases filed in a justice court or a municipal court in
the county.
C. On April 15, 2016, the Presiding Judge of the Maricopa County Superior Court issued
Administrative Order No. 2016-035, which established the East Valley Regional Veterans
Treatment Court (“EVRVC”) for the municipal courts in the East Valley of Maricopa County,
including Tempe Municipal Court, Chandler Municipal Court, Gilbert Municipal Court and
Scottsdale Municipal Court and other municipal courts as set forth in Administrative Order No.
2016-035, and provided that each municipal court would establish its own eligibility criteria for
referral to the veterans court. On August 12, 2016, the Presiding Judge of the Maricopa County
Superior Court issued Administrative Order No. 2016-071 adding the municipal courts of Fountain
Hills and Carefree-Cave Creek to the EVRVC. On August 26, 2016, the Presiding Judge of the
Maricopa County Superior Court issued Administrative Order No. 2016-076 adding the municipal
court of Paradise Valley to the EVRVC. On May 9, 2018, the Presiding Judge of the Maricopa
County Superior Court issued Administrative Order No. 2018-071 to establish an EVRVC
Governing Council and to appoint a chairperson to assist with the EVRVC. The foregoing
administrative orders are collectively referred to as the “Administrative Orders” and are attached
hereto as Exhibit “A” and incorporated herein by reference.
D. Prior to the issuance of Administrative Order No. 2016-035, Tempe had operated its
own veterans court. As of the effective date of this Agreement, pursuant to the direction of the
Administrative Order, the presiding judges of the participating municipal courts of the EVRVC
have agreed to hold dockets at the Tempe Municipal Court, located at 140 East Fifth Street,
Tempe, Arizona 85281.
E. Pursuant to A.R.S. § 22-602 and the Administrative Orders, any judicial officer
qualified to hear cases in any of the participating municipal courts shall have the authority to
adjudicate a case referred to the EVRVC.
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Contract No. 2022-___-COS
F. Tempe employs judges pro tempore who are qualified to hear cases in Tempe
Municipal Court (“Tempe Pro Tem Judges”).
G. Tempe has hired an EVRVC coordinator (“Coordinator”) to assist in the operation of
the EVRVC at the direction of the Tempe Court Administrator.
H. The Parties previously entered into an intergovernmental agreement on June 12, 2018
to establish the terms and conditions by which Parties will work together on the EVRVC, including
how Parties will proportionately share costs for the wages of designated court staff and operating
costs based on the volume of cases referred to the EVRVC.
I. The Parties now desire to enter into a new intergovernmental agreement to continue
this cooperative effort under the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the covenants and promises contained in this
agreement and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, the Parties agree as follows:
TERMS
1.0 Recitals. The foregoing introduction and recitals are incorporated into this Agreement.
2.0 Purpose. The Parties desire to work cooperatively and share the cost of the EVRVC,
using Tempe’s Municipal Court location, the EVRVC Coordinator, and Court Services Specialist
to support the EVRVC.
3.0 Additional Agencies.
3.1 The Presiding Judge of the Maricopa County Superior Court may issue future
Administrative Orders authorizing additional municipal courts to participate in the
EVRVC. Upon issuance of such Administrative Order, a newly authorized municipality
may be invited to and become a Party to this Agreement after approval by the majority of
the Parties, represented by their presiding judges (or their designees). Such approval
shall be documented by a letter of invitation to the presiding judge of the municipality
wishing to join along with a copy to all existing members. The addition of a new
municipality shall be subject to the provisions of A.R.S. §§11-951 et seq.
3.2 A public agency approved by the presiding judges (or designees) in accordance with
Subsection 3.1, shall become a Party to this Agreement as of the date that the
Agreement is adopted by its governing body and properly executed by it.
3.3 Each Party shall provide a copy of its fully executed Agreement to every other Party.
4.0 Term. The initial term of this Agreement shall be for a period of five (5) years,
commencing on July 1, 2022, and ending on June 30, 2027 (the “Initial Term”), unless
terminated as otherwise provided in this Agreement. After the expiration of the Initial Term, this
Agreement may be renewed once for a five (5) year renewal term (“Renewal Term”) upon
mutual written agreement by the presiding judge of each Party, and filed with the Parties’ City
Clerks. The Initial Term and any Renewal Term are collectively referred to herein as the
19255693v1
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Contract No. 2022-___-COS
“Term.” Upon renewal, the terms and conditions of this Agreement shall remain in full force and
effect.
5.0 General Operation of the EVRVC. The Parties acknowledge that:
5.1 Location of Court. The presiding judges of the participating municipal courts of the
EVRVC have agreed to refer cases to the EVRVC at the Tempe Municipal Court
and/or via a virtual platform.
5.2 Referral. Participating municipal courts may refer cases to the EVRVC for
adjudication, in accordance with their respectively established eligibility criteria.
5.3 Scheduling. The Coordinator will coordinate with the Parties the days that each
participating municipal court’s referred cases will be adjudicated at the EVRVC.
5.4 Administration. Court administration for each participating court will establish its own
case referral process, determine how its cases will be handled in the case
management system, and establish how fines, fees, surcharges and any other costs
will be allocated.
5.5 Jurisdiction. The originating court will retain jurisdiction of any case referred to the
EVRVC.
6.0 Cost Sharing. Parties shall be charged a flat fee per case referred to the EVRVC from their
jurisdiction. The flat fee is based on the average cost per case. The average cost per case shall
be calculated by dividing total costs by volume using data from the previous fiscal year. The flat
fee will include EVRVC operating expenses (exclusive of court costs as defined in Section 8 of
this Agreement), as well as the costs associated with the EVRVC Coordinator and a Court
Services Specialist. Future grant funding, if any, will be applied to reduce total costs before the
average cost per case is calculated. Any changes to the cost sharing formula can only be made
prospectively and will require majority approval by Court Administration for each participating
court. If the majority approves a formula change, any Party not approving of the formula change
will terminate its participation in the Agreement.
6.1 Reimbursement Payments. Tempe shall bill the Parties on a quarterly basis, and
each invoice shall reflect costs incurred during the preceding quarter. Payments are
due to Tempe EVRVC within thirty (30) days of receipt of invoice. An audit shall be
completed at the end of the fiscal year to ensure the accuracy of costs billed. Any
difference at year end will either be invoiced or credited to the appropriate Party.
7.0 EVRVC Staff. Tempe has employed the Coordinator and the Court Services Specialist to
assist in the operation of the EVRVC. The Parties acknowledge that the staff will be working
under the jurisdiction and control of Tempe.
7.1 Duties. The Coordinator shall establish the priority of cases to be heard in the
EVRVC, handle the scheduling of cases, coordinate with the clerks of each
participating court, and coordinate with the U.S. Department of Veterans Affairs for
the provision of treatment services to eligible veterans in the EVRVC. The Court
Services Specialist shall perform administrative duties as assigned and necessary
for the operation of the EVRVC.
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Contract No. 2022-___-COS
7.2 Change in Employment. If the Coordinator will no longer be employed by Tempe
and Tempe determines not to reassign the Coordinator’s duties to another Tempe
employee or contractor, Tempe shall provide Parties with as much notice as possible
so the Parties can determine how such duties will be handled.
8.0 Court Costs. Tempe shall pay for any other costs incurred in operating the EVRVC,
including without limitation, utilities in the Tempe Municipal Court, office supplies, and parking,
but excluding any costs incurred by any Party in using Tempe’s network connection, which
costs are the responsibility of that Party.
9.0 Indemnification. To the fullest extent permitted by law, each Party shall indemnify, defend
and hold harmless the other Party and its agents, representatives, officers, directors, officials
and employees from and against all allegations, demands, proceedings, suits, actions, claims,
damages, losses, expenses, including, but not limited to, attorney fees, court costs, and the cost
of appellate proceedings, related to, arising from or out of, or resulting from any acts, errors,
mistakes, omissions or negligent, reckless, or intentional actions caused in whole or in part by
the other Party relating to work or services in the performance of this Agreement, including, but
not limited to, any subcontractor or anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable and any injury or damages claimed by any of
the Party’s or its subcontractor’s employees.
9.1 Insurance provisions set forth in this Agreement are separate and independent from
the indemnity provisions of this paragraph and shall not be construed in any way to
limit the scope and magnitude of the indemnity provisions. The indemnity provisions
of this Section shall not be construed in any way to limit the scope and magnitude
and applicability of the insurance provisions.
10.0 Insurance Coverage. Each Party will obtain such public liability insurance as is reasonably
necessary to protect against claims, losses or judgments that might be occasioned by the
negligent acts or omissions of the Party, their employees and agents, during the time that the
respective Party is performing acts pursuant to this Agreement. The minimum amount of such
coverage shall be in the amount of $1,000,000 for each occurrence, $2,000,000 Products and
Completed Operations Annual Aggregate, and a $2,000,000 General Aggregate Limit, and any
of the Parties may be self-insured. The Parties acknowledge that Chandler, Scottsdale and
Tempe are self-insured as provided in A.R.S. § 11-981 and that this self-insurance fully
complies with the requirements under this Section.
10.1 Workers’ Compensation. Tempe staff, including the Coordinator, the Court Services
Specialist and other Tempe employees assisting with the EVRVC shall be
considered “employees” of Tempe and not of any other jurisdiction (no joint
employer). Employees of other participating jurisdictions assisting with the EVRVC
shall not be considered “employees” of Tempe (no joint employer). Accordingly,
such employees of one Party shall not be entitled to employee benefits normally
provided to bona fide employees of another Party. Nothing in this Agreement or its
performance, except as provided in A.R.S. § 23-1022(D) and described below, shall
be construed to result in any person being the officer, agent, employee, or servant of
either Party when such person, absent this Agreement and the performance thereof,
would not in law have such status. The primary employer shall be solely liable for
any workers’ compensation benefits, that may accrue. Each Party shall post a notice
pursuant to the provisions of A.R.S. § 23-1022.
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Contract No. 2022-___-COS
11.0 Termination; Cancellation.
11.1 Termination. Any Party shall have the right to terminate its participation in this
Agreement, with or without cause, upon giving the other Parties not less than 30 days’
notice, in writing, of intent to terminate. Any such termination shall be signed by the
Party’s Contract Administrator. Notice of intent to terminate shall be given as provided
in Section 12.0 below. Following termination of participation by one or more Parties, this
Agreement shall remain in full effect with respect to the remaining Parties; provided,
however, that if Tempe terminates its participation in this Agreement, the Agreement
terminates as to all Parties.
11.2 Cancellation for Conflict of Interest. Pursuant to A.R.S. § 38-511, any Party may cancel
this Agreement, without penalty or further obligation, if any person significantly involved
in initiating, negotiating, securing, drafting or creating the Agreement on behalf of any
Party is, at any time while the Agreement is in effect, an employee of any other Party in
any capacity, or a consultant to any other Party with respect to the subject matter of the
Agreement. The cancellation shall be effective when written notice is received by the
other Parties to the Agreement, unless the notice specifies a later time.
11.3 Disposition of Property Upon Termination. The Parties do not anticipate having to
dispose of any property upon partial or complete termination of this Agreement.
However, to the extent that such disposition is necessary, property shall be returned to
its original owner.
12.0 Notices. Any notice required or permitted to be given pursuant to this Agreement, unless
otherwise expressly provided herein, shall be given in writing, either personally to the authorized
representatives of the other Parties, or by United States Postal Service certified mail, return
receipt requested, as shown below or to such other street address(es) as may be designated by
the respective Parties in writing from time to time. The notice shall be deemed complete when
received by the person receiving it or, when certified mail is used, five days from the date of
mailing, whichever occurs first. If a copy of the notice is also given to a Party’s counsel or other
recipient, 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.
If to Carefree: Presiding Judge
Carefree-Cave Creek Consolidated Court
37622 N. Cave Creek Rd., Suite B
Cave Creek, AZ 85331
Town of Carefree
P.O. Box 740
Carefree, AZ 85377
If to Chandler: Presiding Judge
Chandler Municipal Court
200 E Chicago St
Chandler AZ 85225
City of Chandler
Mail Stop 602
19255693v1
Page 5 of 10
Contract No. 2022-___-COS
P.O. Box 4008
Chandler, AZ 85244-4008
ATTN: City Attorney
If to Fountain Hills: Presiding Judge
Fountain Hills Municipal Court
16705 E Avenue of the Fountains
Fountain Hills, AZ 85268
Town Attorney
Town of Fountain Hills
16705 E Avenue of the Fountains
Fountain Hills, AZ 85268
If to Gilbert: Presiding Judge
Gilbert Municipal Court
55 East Civic Center Dr, STE 101
Gilbert, AZ 85296
Town Attorney
Town of Gilbert
50 East Civic Center Dr
Gilbert, AZ 85296
If to Paradise Valley: Presiding Judge
Paradise Valley Municipal Court
6517 E. Lincoln Drive
Paradise Valley, AZ 85253
Town Attorney
Town of Paradise Valley
6401 E. Lincoln Dr.
Paradise Valley, AZ 85253
If to Scottsdale: Presiding Judge
Scottsdale City Court
3700 N. 75th Street
Scottsdale, AZ 85251
City of Scottsdale
3939 North Drinkwater Boulevard
Scottsdale, AZ 85251
ATTN: City Attorney
If to Tempe:Presiding Judge
Tempe Municipal Court
140 East Fifth Street
Tempe AZ 85281
City of Tempe
P. O. Box 5002
19255693v1
Page 6 of 10
Contract No. 2022-___-COS
Tempe, AZ 85280
ATTN: City Attorney
13.0 Miscellaneous.
13.1 Invalid Provisions. In the event any term, condition, covenant, stipulation, agreement
or provision herein contained is held to be invalid or unenforceable for any reason,
the invalidity of any such term, condition, covenant, stipulation, agreement or
provision shall in no way affect any other term, condition, covenant, stipulation,
agreement or provision herein contained.
13.2 Paragraph Headings. The paragraph headings contained herein are for convenience
in reference and not intended to define or limit the scope of any provision of this
Agreement.
13.3 Attorneys’ Fees. In the event either Party brings any action for any relief, declaratory
or otherwise, arising out of this Agreement, or on account of any breach or default
hereof, the prevailing Party shall be entitled to receive from the other Party
reasonable attorneys’ fees and reasonable costs and expenses, determined by the
court, sitting without jury, which shall be deemed to have accrued on the
commencement of such action and shall be enforceable whether or not such action is
prosecuted to judgment.
13.4 No Third-Party Beneficiaries. No person or entity shall be a third-party beneficiary to
this Agreement.
13.5 Entire Agreement. While separate reimbursement arrangements may exist between
individual Parties, this Agreement constitutes the entire agreement between the
Parties with respect to the subject matter hereof and supersedes any prior
agreement, understanding, negotiation or representation regarding the EVRVC.
13.6 Further Assurances. The Parties agree to do such further acts and things and to
execute and deliver such additional Agreements and instruments as any Party may
reasonably require to consummate, evidence, confirm or carry out the Agreement
contained herein.
13.7 Contract Administrator. Each party shall designate a Contract Administrator. The
Contract Administrator shall be responsible for administering the terms of this
Agreement, and shall be the primary contact point for the other Parties for all
matters arising under this Agreement. The Contract Administrator shall be
designated by the effective date of this Agreement and noticed in a separate writing
between the parties. If no Contract Administrator is separately designated, the
presiding judge for the jurisdiction shall be considered the Contract Administrator.
13.8 Law Governing; Venue. This Agreement shall be governed by the laws of the
State of Arizona, and suit pertaining to this Agreement may be brought only in
courts in Maricopa County, Arizona.
13.9 Non-assignability. This Agreement is not assignable by any Party.
19255693v1
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Contract No. 2022-___-COS
13.10 Severability. If any term or provision of this Agreement shall be found to be illegal
or unenforceable, then notwithstanding such illegality or unenforceability, this
Agreement shall remain in full force and effect and such term or provision shall be
deemed to be deleted.
13.11 Arizona Legal Workers Act. To the extent applicable under A.R.S. § 41-4401, the
Parties warrant compliance, on behalf of themselves and any and all
subcontractors, with all federal immigration laws and regulation that relate to their
employees and compliance with the E-Verify requirements under A.R.S. § 23-
214(A). A Party’s breach of the above-mentioned warranty shall be deemed a
material breach of this Agreement and a non-breaching Party may terminate this
Agreement. The Parties retain the legal right to inspect the papers of the other
Parties to ensure that each Party is complying with the above-mentioned warranty
under this Agreement.
13.12 Availability of Funds. This subsection shall control despite any provision of this
Agreement or any exhibit or other agreement or document related to this
Agreement. The provisions of this Agreement for payment of funds or the incurring
of expenses by the Parties shall be effective when funds are appropriated for
purposes of this Agreement and are actually available for payment. Each Party
shall be the sole judge and authority in determining the availability of funds for its
obligations under this Agreement and each Party shall keep the other Parties fully
informed as to the availability of funds for this Agreement. The obligation of each
Party to make any payment pursuant to this Agreement is a current expense of
such Party, payable exclusively from such annual appropriations, and is not a
general obligation or indebtedness of such Party. If the governing body of any
Party fails to appropriate money sufficient to pay the amounts as set forth in this
Agreement during any fiscal year, this Agreement shall terminate at the end of that
fiscal year as to such party and such Party shall be relieved of any subsequent
obligation under this Agreement. The Agreement shall remain in full effect for the
remaining Parties to the Agreement; provided, however, that if Tempe terminates its
participation in this Agreement, the Agreement shall terminate as to all Parties.
13.13 Counterparts. This Agreement may be executed in two or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute one
and the same instrument. The signature pages from one or more counterparts
may be removed from such counterparts and such signature pages all attached to
a single instrument so that the signatures of all Parties may be physically attached
to a single document.
[Signatures on following pages.]
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Contract No. 2022-___-COS
IN WITNESS WHEREOF, the Parties have executed this Agreement by signing their
signatures, as of the date first written above.
CITY OF TEMPE, an Arizona
municipal corporation
Corey D. Woods, Mayor
ATTEST:
Carla R. Reece, City Clerk
In accordance with the requirements of A.R.S. § 11-952(D), the undersigned attorney
acknowledges: 1) that she has reviewed the above Agreement on behalf of Tempe; and, 2) that, as
to Tempe only, has determined that this Agreement is in proper form and is within the powers and
authority granted under the laws of the State of Arizona.
Judith R. Baumann, City Attorney
19255693v1
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Contract No. 2022-___-COS
CITY OF x, an
Arizona municipal corporation
ATTEST:_______________________
xxxxxxxxx
Mayor
_____________________
xxxxxxxxxx
City Clerk
In accordance with the requirements of A.R.S. § 11-952(D), the undersigned attorney
acknowledges: 1) that she has reviewed the above Agreement on behalf of Scottsdale; and, 2)
that, as to Scottsdale only, has determined that this Agreement is in proper form and is within the
powers and authority granted under the laws of the State of Arizona.
_______________________
xxxxxxxxx
City Attorney
19255693v1
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Exhibit A
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
IN THE MATTER OF THE EAST VALLEY
REGIONAL VETERANS COURT
) ) ) ) ) )
ADMINISTRATIVE ORDER No. 2016 – 035
The Presiding Judges in several East Valley municipal courts seek to establish a
regional Veterans Court pursuant to A.R.S. § 22-601, in order to maximize available
resources and ensure the participation of a Veterans Justice Outreach specialist (VJO) from
the U.S. Department of Veterans Affairs (V.A.). Each participating court will continue to
establish which of its cases will be referred to the Veterans Court docket and each court will
continue to maintain its cases in its case management system. However, the Veterans
Court docket will be held at a centralized location to share resources and lessen the impact
to the VJO from having to travel to multiple court locations throughout the valley. Therefore,
IT IS ORDERED establishing a Regional Veterans Treatment Court for the municipal
courts in the East Valley of Maricopa County, referred to as the East Valley Municipal
Regional Veterans Treatment Court (Regional Veterans Court). The Regional Veterans
Court shall include Tempe Municipal Court, Mesa Municipal Court, Gilbert Municipal Court,
Scottsdale Municipal Court, and Chandler Municipal Court. Any additional municipal court in
Maricopa County can join the Regional Veterans Court upon the written approval of the
Presiding Judge of the Superior Court in Maricopa County. Any participating court can
withdraw from the Regional Veterans Court by subm itting a written notification of withdrawal
to the Presiding Judge of the Superior Court.
IT IS FURTHER ORDERED as follows:
1. The Court adopts the referral criteria of each participating municipal court and the
Chief Prosecuting Attorneys, after consultation with the respective Public
Defenders. Based on the established criteria, each participating court shall
determine which cases are appropriate for referral to the Regional Veterans
Court.
2. Any judicial officer of a participating municipal court may refer a case to the
Regional Veterans Court. The originating court shall maintain jurisdiction over the
case. Participation in Regional Veterans Court is voluntary, and as such, the
referring judicial officer shall determine if the defendant wishes to have the case
transferred to the Regional Veterans Court. The court shall notify the prosecutor
of the transfer.
3. The Regional Veterans Court shall hold dockets in a location agreed upon by the
Presiding Judges of participating municipal courts. Participating courts will be
responsible for the administration of each case referred from their court to the
Regional Veterans Court. Any judicial officer qualified to hear cases in any of the
participating municipal courts shall have the authority to adjudicate a case
referred to the Regional Veterans Court.
4. The Presiding Judges of the participating courts shall coordinate and establish a
consistent court calendar for the Regional Veterans Court to be in session. The
Presiding Judges shall also establish a consistent schedule for Regional
Veterans Court cases to be staffed prior to each court session.
5. Court administration for participating courts shall establish the case transfer
process; determine how cases will be handled in the case management system,
and how fines, fees, surcharges and any other costs will be allocated. The
referring court shall be the custodian of records for its cases at the Regional
Veterans Court.
6. Prosecutors for participating municipalities will prosecute their respective
municipality’s cases, unless such authority is delegated, in writing, to another
agency among the participating municipalities.
7. The Regional Veterans Court Judge will coordinate with the V.A. for the provision
of treatment services to eligible veterans in the Regional Veterans Court. The
Regional Veterans Court Judge may also utilize local, community-based
treatment programs, social services and veterans service organizations that
further the purpose of the Regional Veterans Court.
8. In the event a defendant is removed from the Regional Veterans Court for failing
to make satisfactory progress in court-ordered treatment, or for any other lawful
reason, the Regional Veterans Court Judge shall transfer the case back to the
referring court for adjudication.
9. The Presiding Judges, in coordination with the respective City Prosecutors, and
after consultation with the respective Public Defenders, shall develop and
implement any other standard operating procedures consistent with this order.
DATED this 15th day of April, 2016
/s/ Janet E. Barton
_________________________________
Janet E. Barton
Presiding Judge
Original: Clerk of the Superior Court
Copies: Municipal Court Presiding Judges in Maricopa County
Raymond Billotte, Judicial Branch Administrator
Karen Westover, Deputy Court Administrator
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
IN THE MATTER OF THE EAST VALLEY
REGIONAL VETERANS COURT
) ) ) )
ADMINISTRATIVE ORDER No. 2016-071
Administrative Order No. 2016-035 established the East Valley Municipal Regional
Veterans Treatment Court consisting of Tempe Municipal Court, Mesa Municipal Court,
Gilbert Municipal Court, Scottsdale Municipal Court, and Chandler Municipal Court. The
Administrative Order indicated that any additional municipal court in Maricopa County can
join the Regional Veterans Court upon the written approval of the Presiding Judge of the
Superior Court in Maricopa County.
The Presiding Judge of the Superior Court having received a request from the
Fountain Hills Municipal Court and the Carefree-Cave Creek Consolidated Court to join the
Regional Veterans Court; and there being no objections from the other participating
municipal courts in the Regional Veterans Court;
IT IS THEREFORE ORDERED adding the Fountain Hills Municipal Court and the
Carefree-Cave Creek Consolidated Court to the East Valley Municipal Regional Veterans
Treatment Court.
DATED this 12th day of August, 2016
/s/ Janet E. Barton
_________________________________
Janet E. Barton
Presiding Judge
Original: Clerk of the Superior Court
Copies: Municipal Court Presiding Judges in Maricopa County
Raymond Billotte, Judicial Branch Administrator
Karen Westover, Deputy Court Administrator
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
IN THE MATTER OF THE EAST VALLEY
REGIONAL VETERANS COURT
) ) ) )
ADMINISTRATIVE ORDER No. 2016-076
Administrative Order No. 2016-035 established the East Valley Municipal Regional
Veterans Treatment Court consisting of Tempe Municipal Court, Mesa Municipal Court,
Gilbert Municipal Court, Scottsdale Municipal Court, and Chandler Municipal Court. The
Administrative Order indicated that any additional municipal court in Maricopa County can
join the Regional Veterans Court upon the written approval of the Presiding Judge of the
Superior Court in Maricopa County.
The Presiding Judge of the Superior Court having received a request from the
Paradise Valley Municipal Court to join the Regional Veterans Court; and there being no
objections from the other participating municipal courts in the Regional Veterans Court;
IT IS THEREFORE ORDERED adding the Paradise Valley Municipal Court to the
East Valley Municipal Regional Veterans Treatment Court.
DATED this 26th day of August, 2016
/s/ Janet E. Barton
_________________________________
Janet E. Barton
Presiding Judge
Original: Clerk of the Superior Court
Copies: Municipal Court Presiding Judges in Maricopa County
Raymond Billotte, Judicial Branch Administrator
Karen Westover, Deputy Court Administrator
ITEM 8. B.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 03/15/2022 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Development Services
Prepared by: John Wesley, Development Services Director
Staff Contact Information: John Wesley, Development Services Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Reconsideration of denial of the Park Place Site Plan, Phase III.
Staff Summary (Background)
At the March 1, 2022, following presentations and discussions, the Town Council voted to deny the site
plan which had been submitted for Phases II and III of the Park Place site plan. The applicant has asked
for reconsideration of the Phase III portion of the site plan.
The request to review and possibly take different action on the site plan for Phase III has been placed on
the Town Council agenda. Should the Council vote to allow reconsideration, the Council can then move
to that item, view a presentation, hold a discussion, and then take action on the request. That action
can be to approve, approve with conditions, continue, or deny the request. Should the Council not
agree to a reconsideration, the site plan will not be discussed.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
The Town Council did not spend as much time at its meeting on March 1, 2022, discussing this part of
the site plan as was done on the Phase II portion of the site plan. Allowing for further review and
discussion of the Building B site plan is appropriate.
SUGGESTED MOTION
MOVE to reconsider the site plan for Park Place Phase III.
Form Review
Inbox Reviewed By Date
Development Services Director (Originator)John Wesley 03/03/2022 02:24 PM
Finance Director David Pock 03/07/2022 08:18 AM
Town Attorney Elizabeth A. Klein 03/08/2022 11:29 AM
Town Manager Grady E. Miller 03/08/2022 11:38 AM
Form Started By: John Wesley Started On: 03/03/2022 02:14 PM
Final Approval Date: 03/08/2022
ITEM 8. C.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 03/15/2022 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Development Services
Prepared by: John Wesley, Development Services Director
Staff Contact Information: John Wesley, Development Services Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: regarding the proposed site plan for Phase III, Building B, of Park Place located on
the west side of the 13000 block of North Verde River Dr.
Staff Summary (Background)
At the March 1, 2022, Town Council meeting the Council reviewed the proposed site plan for Phases II
and III of Park Place. Based on the information provided and available at the time, the Council voted to
deny that site plan. Following the meeting the applicant noted that the Council seemed to have more
concerns regarding the buildings in Phase II and did not voice as many concerns regarding the building
in Phase III. Therefore, the applicant is now requesting the Council give consideration just to Phase III.
Review and consideration of the site plan is based on the Development Agreement, the General Plan,
the Downtown Specific Plan, and the TCCD zoning district requirements. Key elements from these
documents as they apply to this portion of the development are:
Development Agreement:
Maximum 3-stories of residential and 54' of height
All residential building allowed
Provide the Art Walk
Provide parking for one of the "New Town Parking Lots" to provide a total of at least 130
parking spaces
General Plan: The 2010 Plan designated this area as part of the Town Center Mixed Use area.
Development in this area could accommodate a mix of retail, office, high-density residential, and
other related uses. A mix of uses should be "carefully designed to be mutually supportive" and
the project as a whole should "reinforce the viability and vision of the Town Center." The primary
vision for the Town Center was contained in the Downtown Area Specific Plan.
Downtown Area Specific Plan: The area to the south of the Avenue along Verde River is
designated in the Plan as "The South End District." This area is "envisioned as a mixed-use
downtown neighborhood with a predominance of residential living opportunities." The Plan
further states the residential development in this area "is intended to incorporate an active street
front with parking and garages strategically located to the rear of lots with access from
alleys. The range of residential products may include single-family detached homes, townhomes,
brownstones, row homes, condominiums and apartments. The fabric of the neighborhood should
be complimented with small streets, comfortable sidewalks, generous street trees for shade,
on-street parking, and pocket parks that provide strategic open space for adjacent development."
Town Center Commercial District: Allows residential only buildings when setback at least 50'
from the street. Required building setbacks are 0' and can have 100% lot coverage.
Phase III Site Plan:
The site plan for Phase III contains one building. The building has three floors of apartments; the
apartments on the third floor units include an upper loft level making them two-story in height. The
proposed building contains 102 apartments, this is the same number shown on the Land Use Master
Plan. The building is placed over 60' back from the Verde River right-of-way. There is no significant
"front" or main entry to the building; access is through five locations, three from the south and two
from the north. The placement and design of this building is not consistent with the Downtown Area
Specific Plan in that the building is isolated in a parking lot and does not engage the street or
complement the setting for the Art Walk. This site plan includes an Art Walk that will connect Paul
Nordin Parkway to the Community Center Campus. These units will provide much needed housing for
the downtown area.
Site plan components:
Parking. The zoning ordinance would require 218 parking spaces for this number of units. The allowed
20% reduction places a requirement of 174 spaces; 141 "on-site" spaces are provided. In addition, there
are 50 spaces in the adjacent parking area next to the Art Walk to meet the requirements of the DA for
the New Town Parking Lots. The DA requires 130 spaces in the New Town Parking Lots. Due to various
requirements outside the control of the developer, the New Town Parking lot west of Building C ended
up with just 53 spaces, leaving a requirement for 77 spaces; only 50 are provided leaving the site 27
spaces short of what is required by the DA. There is one covered space per unit "on-site" plus an
additional 39 uncovered spaces. There is a good possibility residents and/or visitors to this property will
need to utilize the spaces in the Town parking lot along the Art Walk.
Lighting. A light plan was submitted on March 8. The photometric plan shows the proposed light level
will meet ordinance standards in the parking lot. Staff has not had time to review the rest of the
information provided in time to provide this report. More information will be provided at the Council
meeting.
Elevations. The building exterior is primarily stucco with a white and three shades of gray. Some areas
of accent cultured stone veneer are also provided. Accent color for balconies, railing and awnings is a
shade of red and a shade of orange. Elevations consistent with the revised floor plans have been
provided.
Landscaping. The landscape plan has been provided and is attached. Staff has not been able to review it
in detail, but it appears to provide a good pallette of plant material appropriate for this location.
Art Walk. A requirement of this development is the provision of an "Art Walk" on the Town owned
property from the corner of Verde River and Paul Nordin Parkway to the Community Center. A
conceptual plan is shown that has a center seating area with some shade and the walkway through the
area. A more detailed plan will be required as part of the permitting process.
Miscellaneous
Relocation of electric boxes. There are two areas of the site, one toward the northwest corner of the
property and one just south of the southeast corner of the building, that contain existing electrical
boxes. These will have to be relocated. The developer has yet to identify where these will go. This will
have to be done with the construction documents. They will not be allowed in the Verde River Dr.
right-of-way or the Art Walk, and must be located and screened to not interfere with walkways or
landscaping.
Fountain Hills Sanitary District Monitoring well. There is an existing monitoring well in the right-of-way
along the curve at the street intersection next to where the access is proposed to the Town parking lot.
Continuous power will be needed to this well and final plans will need to ensure any underground storm
water storage will not impact the monitoring wells.
Paul Nordin Parkway right-of-way. The right-of-way for the extension of Paul Nordin Parkway still exists
through this site. The south half of the parking spaces just south of the building and the nest two rows
of parking are in this right-of-way. Because this area is proposed for private use, including covered
parking, the right-of-way should be abandoned. When this happens the north have would become part
of the lot to the north and the south have to the Town property to the south. The developer has applied
for this abandonment. It will need to be completed prior to issuance of a building permit.
Parking Easement and Maintenance. The proposed site plan includes development on public property.
The DA requires an easement and maintenance agreement for this private use of the public property.
The documents will need to be prepared and filed prior to issuance of a building permit on the property.
Staff has not had time to fully review the most recent plan submittal. This will take place following
Council action on the site plan with a complete list of any modifications that may be needed.
Related Ordinance, Policy or Guiding Principle
Zoning Ordinance Section 2.04 Site Plans
Zoning Ordinance Chapter 18, Town Center Commercial Zoning District
2010 General Plan
2020 General Plan
Town Center Specific Plan
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
The Planning and Zoning Commission reviewed and discussed this site plan at their February 14, 2022,
regular meeting. Staff and the applicant made presentations and provided the Commission with
information regarding the proposed development. Two citizens spoke regarding the proposed
development.
As it relates to Phase III, the P & Z Commission voted to recommend approval subject to returning the
size of the Art Walk to what was included in the Master Land Use Plan approved as part of the 2016
application and finding another alternative through shared parking arrangements for the needed
parking. The revised site plan is consistent with the motion to return the Art Walk to is previous size,
but staff has not seen any solutions to the additional New Town Parking Lot spaces needed to provide
the 130 total spaces required in the DA.
Staff Recommendation(s)
Staff does not have concerns with the Phase III development and supports approval. Approval would
need to be conditioned on allowing staff time to complete a final review and receiving a set of final site
plan drawings, as required by Section 2.04 of the Zoning Ordinance which address all comments and
conditions of approval prior to beginning review of the construction documents.
SUGGESTED MOTION
MOVE to approve subject to providing staff with a complete site plan package as required by the Zoning
Ordinance.
OR
Move to deny the site plan.
Attachments
Site Plan, Floor Plans, Elevations
Colored Landscape Plan
Colored Elevations
Rendering
Civil Plans
Form Review
Inbox Reviewed By Date
Development Services Director (Originator)John Wesley 03/03/2022 02:24 PM
Town Manager Grady E. Miller 03/08/2022 11:41 AM
Development Services Director (Originator)John Wesley 03/08/2022 06:08 PM
Town Attorney Elizabeth A. Klein 03/09/2022 05:40 PM
Town Manager Grady E. Miller 03/09/2022 05:44 PM
Form Started By: John Wesley Started On: 03/02/2022 04:33 PM
Final Approval Date: 03/09/2022
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E.CULTURED STONE VENEER
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G.METAL (S) AWNINGS:
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H.STUCCO FINISH & BALCONY
RAILING
DUNN EDWARDS
CAMPFIRE
DE5146
LANDMARK
8777 E. VIA DE VENTURA, STE. 250, SCOTTSDALE, AZ 85258
d e s i g n
DATE:REVISIONS:
DATE:SHEET:JOB NO.
12/21/21 TOWN OF FOUNTAIN HILLS REVIEW COMMENTS
JUNE 16 202121-201
F O U N T A I N H I L L S , A R I Z O N A
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COLOR LEGEND
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BLACK BEAN
DE6385
E.CULTURED STONE VENEER
8X8 CULTURED STONE
CAST-FIT
CARBON
G.METAL (S) AWNINGS:
SHERWIN WILLIAMS
SW42152
H.STUCCO FINISH & BALCONY
RAILING
DUNN EDWARDS
CAMPFIRE
DE5146
LANDMARK
8777 E. VIA DE VENTURA, STE. 250, SCOTTSDALE, AZ 85258
d e s i g n
DATE:REVISIONS:
DATE:SHEET:JOB NO.
12/21/21 TOWN OF FOUNTAIN HILLS REVIEW COMMENTS
JUNE 16 202121-201
F O U N T A I N H I L L S , A R I Z O N A
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CONCEPTUAL GRADING & DRAINAGE PLAN
KOBA 2
NO. 208 BLOCK 2 REPLAT LOT 1 REPLAT
FOUNTAIN HILLS, AZ CONCEPTUAL GRADING PLANKOBA 2A PORTION OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 3NORTH, RANGE 6 EAST OF THE G.&S.R.B.&M., MARICOPA COUNTY, ARIZONATHISSITEVICINITY MAPNSITE DATACIVIL ENGINEEROWNERLEGAL DESCRIPTIONSHEET INDEXBENCHMARKRETENTION NOTEREQUIRED RETENTION∴JARRETT ENGINEERING STANDARD NOTESUTILITY PROVIDERSFOUNTAIN HILLS GRADING & DRAINAGE NOTESWMLEGENDFEMA CERTIFICATION
823102162718LOADING 889VANVANVAN21VAN VANLOADING 8868881118448101010578VERDE RIVER DR.
CONCEPTUAL GRADING & DRAINAGE PLAN
KOBA 2
NO. 208 BLOCK 2 REPLAT LOT 1 REPLAT
FOUNTIAN HILLS, AZ 0SCALE: 1" = 20'20'10'20'
ITEM 8. D.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 03/15/2022 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Public Works
Prepared by: David Janover, Town Engineer
Staff Contact Information: Justin Weldy, Public Works Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Authorization to Purchase and Install Illuminated Speed Limit Signs.
Staff Summary (Background)
On June 6, 2020, Town Council approved the designation of two Traffic Safety Corridors within the
Town: (1) a 2.3-mile corridor on Palisades Boulevard between El Lago Boulevard and Saguaro Boulevard,
and (2) a 1-8 mile corridor along Saguaro Boulevard between Desert Vista and Grande Boulevard. These
Traffic Safety Corridors are special segments of roadway that were identified by both engineering and
data analysis to be either high pedestrian/vehicle or vehicle/vehicle conflict zones, with primary issues
stemming from driver behavior in the form of speeding, aggressive driving, impairment and distracted
driving. Signage was installed at the entry points of each corridor, advising drivers that they were
entering a Traffic Safety Corridor.
The Town is interested in purchasing and installing several Illuminated Speed Limit Signs, also known as
driver feedback signs. These are signs which display the speed limit, as well as the speed of the
approaching driver, and are considered to be traffic-calming devices, as they are designed to slow
speeders down by alerting them of their speed. These signs have been proven effective around the
country, and tests have shown that:
Speeders will slow down up to 80% of the time when alerted by Illuminated Speed Limit Signs
Typical speed reductions are 10-20%
Overall, compliance with the posted speed limit will go up by 30-60%
Illuminated Speed Limit signs are particularly effective at getting “excessive speeders”—speeders
driving 20 mph or more over the posted speed limit—to slow down
The signs are solar-powered and do not need to be connected to electrical power. The attached exhibit
shows the Traffic Corridors and the proposed locations of the Illuminated Speed Limit Signs. The plan
shows five (5) signs to be located throughout the Traffic Safety Corridors, and one (1) additional sign on
Golden Eagle Drive, east of Sunridge Drive. The sign location plan was presented to the Pedestrian and
Traffic Safety Committee on November 9, 2021, and the Committee was in agreement with the plan.
Town staff requested three (3) quotations from suppliers to provide Illuminated Speed Limit Signs. Staff
asked each vendor to provide a price for ten (10) Illuminated Speed Limit Signs, which would provide
several additional signs to be installed at a future date, where deemed appropriate, following approval
from the Pedestrian and Traffic Safety Committee. The quotations from the vendors are attached, and
summarized as follows:
Interwest Safety Supply - $30,052.40
Centerline Supply - $32,959.90
Zumar - $34,260.00
Staff recommends proceeding with Centerline Supply, as their system is the only one that includes
StreetSmart Data Collection Software, a cloud-based service giving staff the ability to review (for each
sign) 35 different charts, graphs and tables for weekly, daily, hourly and 1/2 hour data on vehicle
volumes, number of speeders, average speeds, peak speeds, and 50th and 85th percentile speeds. Staff
plans to review the data on a regular basis, which will clearly indicate when and where speeding
patterns occur, and will aid Law Enforcement with focused monitoring activities.
Although the total purchase price for the signs is below the $50,000 threshold, staff is seeking Council
approval for the purchase and installation of the Illuminated Speed Limit Signs as shown on the
attached exhibit. If approved, the signs would either be installed by the Town or a JOC contractor.
Related Ordinance, Policy or Guiding Principle
The purchase and installation of the Illuminated Speed limit Signs will improve overall roadway safety by
slowing down traffic at key locations throughout the Town, and will provide Staff with data regarding
times and locations where speeding occurs that will assist Law Enforcement in focusing their monitoring
activities.
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends Council authorization to purchase ten (10) Illuminated Speed Limit Signs in the
amount of $30,410.00 from Centerline Supply.
SUGGESTED MOTION
MOVE to authorize the purchase of ten (10) Illuminated Speed Limit Signs in the amount of $30,410.00
from Centerline Supply, and for staff to install the signs shown on the attached exhibit.
Fiscal Impact
Fiscal Impact:$30,410
Budget Reference:
Funding Source:
If Multiple Funds utilized, list here:
Budgeted: if No, attach Budget Adjustment Form:
Attachments
Sign Locations
Sign Quote - Interwest Supply
Sign Quote - Centerline Supply
Sign Quote - Zumar
Form Review
Inbox Reviewed By Date
Public Works Director Justin Weldy 02/23/2022 05:32 PM
Finance Director David Pock 02/24/2022 06:49 AM
Town Attorney Aaron D. Arnson 02/24/2022 08:08 AM
Town Manager Grady E. Miller 03/03/2022 03:48 PM
Form Started By: David Janover Started On: 02/08/2022 12:57 PM
Final Approval Date: 03/03/2022
LINEBEEHWY
SHEA
BLVDHILLSFOUNTAIN
SAGUARO SAGUAROBLVD BLVDG
O
L
D
E
N
EAGLEBLVDEL L
A
G
O
BLVD
PALISAD
E
S BLVDBLVD
GRANDEBLVD
DESERTVISTASUNRIDGEDRSAGUAROBLVDBONDDRWESTBYEL LAGO
BLVD
OASISDRPANORAMADRTown of Fountain Hills
All that is A r izonaFOUN T A IN HIL
L
S
TOWN OFINC. 1989TRAFFIC SAFETY CORRIDORS
SPEED FEEDBACK SIGN & SPEED LIMIT SIGN
LOCATIONS
2.3-mile safety corridor from
El Lago Blvd to Saguaro Blvd
PALISADES
BLVD
1.8-mile safety corridor from
Desert Vista to Grande Blvd
SAGUARO
BLVD
INSTALL SPEED
FEEDBACK SIGN &
SPEED LIMIT SIGN
EXISTING SAFETY
CORRIDOR SIGNS
SAFETY CORRIDOR
STRICT ENFORCEMENT
SPEEDING AND
OTHER VIOLATIONS
Quotation 18499
Page 1 of 2
Utah Branch
744 E. Lakeview Pkwy
Provo, UT 84606
801-375-6321
Colorado Branch
195 S. Navajo
Denver, CO 80223
303-733-8447
New Mexico Branch
5821 Coronado NE
Albuquerque, NM 87109
505-797-2300
Arizona Branch
5302 W. Buckeye Rd. Ste 400
Phoenix, AZ 85043
602-253-0683
Nevada Branch
4475 Delancey Dr.
Las Vegas, NV 89103
702-641-0447
QUOTATION TO:
FOUNTAIN HILLS
QUOTE DATE:
8/6/2021
BID DATE:
8/13/2021
SALES REP:
Rick Belanger
rbelanger@iwsafety.com
FOB:
DESTINATION
DELIVERY:
DELIVER
TERMS:
NET 30
PROJECT NAME:
QUOTE
PROJECT #:
QUOTE
CLASS:
ARIZONA
BID #ITEM #QTY SIZE DESCRIPTION EACH EXT
REQ-PN 10 EV12FMEYL - SOLLA
Evolution 12 Solar - Full Matrix - Inc. Solar Panel
and Battery.
TO INCLUDE: Evolution 11 & 12 - Universal
Mount Kit - Full Set
$3,005.240 $30,052.40
NOTES:
Sub Total $30,052.40
Tax $0.00
Quotation Total 30,052.40
TERMS:
PRICES QUOTED ARE FOR FURNISHED MATERIALS ONLY. SALES TAX NOT INCLUDED UNLESS SPECIFIED ABOVE. PRICES ARE VALID FOR 30 DAYS. ANY
CHANGE IN QUANTITIES ORDERED MAY RESULT IN A CHANGE IN PRICE. PRICING DOES NOT INCLUDE MOUNTING HARDWARE UNLESS NOTED.ALL
SIGNS ARE WARANTED IN ACCORDANCE WITH SHEETING MANUFACTURER PRODUCT BULLETINS.NEVER STORE SIGNS OUTSIDE OR EXPOSE THEM
TO MOISTURE BEFORE INSTALLATION.
Quotation 18499
Page 2 of 2
ASK US ABOUT TRAFFIC SAFETY RENTALS
ARROW BOARDS, TRAFFIC SIGNALS, TRUCK MOUNTED ATTENUATORS, &
VARIABLE MESSAGE SIGNS
Quote Page 1
Centerline Supply, Inc.
1301 East Hadley Street
Phoenix, AZ 85034
United States
P: (602) 258-3142
Quote Number:QTE0015092
Quote Date:02/16/22
Prepared By:DEKE
SHIP TO:
FOUNTAIN HILLS, TOWN OF
16705 E. AVENUE OF THE FOUNTAINS
FOUNTAIN HILLS AZ 85268
BILL TO:
JUSTIN WELDY
FOUNTAIN HILLS, TOWN OF
16705 E. AVENUE OF THE FOUNTAINS
FOUNTAIN HILLS AZ 85268
Notes:
Customer P.O.Ship VIA Terms Shipping Terms
BESTWAY NET30 Prepaid & Add
Item Number Ordered Unit Price Extended Price
30404-102 10 EA $3,295.00 $32,950.00
30K [P] RADARSIGN-13" LED TC600S (SOLAR POWERED) W/ACCESSORIES
90900-QUOTE 10 EA $0.00 $0.00
UNIVERSAL PIVOT POLE MOUNT BRACKET SET, TC 600
INCLUDED
90900-QUOTE 10 EA $0.00 $0.00
STANDARD FACEPLATE, 28" X 33", 4 " LETTERING, VARIOUS COLORS
INCLUDED
90900-QUOTE 10 EA $20.00 $200.00
OPTIONAL HEAVY DUTY LOCK FOR THE TC-600
90900-QUOTE 10 EA $90.00 $900.00
OPTIONAL SIMULATED CAMERA FLASH AND WHITE STROBE
90900-QUOTE 10 EA $0.00 $0.00
OPTIONAL INTERNAL CELL MODEM (INCLUDE WITH RS-MODEM1)
N/C
30404-207 10 EA $295.00 $2,950.00
30K [P] RADARSIGN-EASY COMM PACKAGE 1 YR CONNECTIVITY SERVICE
90900-QUOTE 10 EA $0.00 $0.00
50 WATT SOLAR PANEL, INCLUDES BRACKET
INCLUDED
30404-200 10 EA $175.00 $1,750.00
30K [P] RADARSIGN-STREETSMART COMPUTER SOFTWARE
90900-QUOTE 10 EA $0.00 $0.00
TWO YEAR WARRANTY, INCLUDES PARTS AND LABOR AND BACK-UP BATTERIES
INCLUDED
Quote Page 2
Centerline Supply, Inc.
1301 East Hadley Street
Phoenix, AZ 85034
United States
P: (602) 258-3142
Quote Number:QTE0015092
Quote Date:02/16/22
Prepared By:DEKE
SHIP TO:
FOUNTAIN HILLS, TOWN OF
16705 E. AVENUE OF THE FOUNTAINS
FOUNTAIN HILLS AZ 85268
BILL TO:
JUSTIN WELDY
FOUNTAIN HILLS, TOWN OF
16705 E. AVENUE OF THE FOUNTAINS
FOUNTAIN HILLS AZ 85268
Notes:
Customer P.O.Ship VIA Terms Shipping Terms
BESTWAY NET30 Prepaid & Add
Item Number Ordered Unit Price Extended Price
Quotations are valid for 30 days from the date of quotation.
Signature: _________________________
Printed Name: ________________________
Net Order:$38,750.00
Discount %0%
Less Discount:$9,100.00
Freight:$760.00
Sales Tax:$2,549.90
Order Total:$32,959.90
WE NOW OFFER CUSTOM VINYL DECALS, FLEET GRAPHICS, WINDOW PRINT FILMS, AND MORE!
1.5% FINANCE CHARGE FOR INVOICES OVER 30 DAYS. Terms & Conditions Apply.
CENTERLINE SUPPLY, INC. - PHONE (602) 258-3142 - SALES@CLSUSA.COM
ISSUE PO TO ESTIMATE
DATE ESTIMATED: 8/5/2021
ESTIMATE NUMBER: 41512ZUMAR
12015 Steele Street South
Tacoma, WA 98448
BILL TO SHIP TO
TOWN OF FOUNTAIN HILLS
** accountspayable@fh.az.gov **CLOSED FRIDAYS**
TOWN OF FOUNTAIN HILLS
16705 E. AVE OF FOUNTAIN 17137 E FALCON DRIVE
ATTN: ACCTS PAYABLES
FOUNTAIN HILLS, AZ 85268 US FOUNTAIN HILLS, AZ 85268 US
ATTENTION: JEFFREY PIERCE
CUST. NO.TERMS
Net 30
ACCOUNT MANAGER
001875 Laura Trujillo
FOB ESTIMATED SHIP DATE
FOB Destination
UNIT
PRICE
QUANTITY
ESTIMATED TOTAL PRICEUOMPART NUMBERITEM
DESCRIPTION
001 USD 23,292.50EA 10300-226 2,329.25
iQ1200 FULL MATRIX DRIVER FEEDBACK
SIGN WHITE
M75-12DFB-0001
002 USD 10,967.50EA 10300-267 1,096.75
60W SOLAR KIT INCL 60W SOLAR PANEL
35ah BATT,BATT BOX,WIRING/CONDUIT
M75-SOLAR-000S
TOTAL FOR ESTIMATE : 34,260.00 USD
This is a quotation on the goods named above and is subject to the conditions noted below:
Quote is valid today through date of expiration shown above. Prices are for goods shown on the plan and/or takeoff sheet
provided at the time of quote request. Pricing is for furnish only and does not include installation or hardware unless
otherwise pecified. Production days begin upon receipt of approved layouts (if applicable). Customer is responsible for all
applicable sales taxes and duty which are calculated at the time of invoicing. Quotation valid for 30 days unless otherwise
specified.
ITEM 8. E.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 03/15/2022 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Public Works
Prepared by: Justin Weldy, Public Works Director
Staff Contact Information: Justin Weldy, Public Works Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Approving Professional Services Agreement 2022-074 with Cactus Asphalt.
Staff Summary (Background)
By utilizing State, County and City Government cooperative purchasing agreement contracts, the Town
has been able to take advantage of competitive pricing received by other municipalities. Recently, the
Pinal County Public Works Department solicited bids for Street Maintenance & Repair Services (RFQ -
177592). The Pinal County Board of Supervisors selected and awarded the contract to Cactus Asphalt.
The company has agreed to extend Pinal County contract pricing to the Town of Fountain Hills.
In order to effectively utilize the Town’s limited street maintenance budget, staff is proposing a pilot
program that outlines the steps needed to preserve the current pavement condition on two local street
segments. The two street segments selected (Chama and Primrose, see attached map) have reached the
end of their service life and require reconstruction. The proposed pilot program (chip seal with a cape
seal) has been utilized by the City of Glendale, the Town of Florence and other County and municipal
governments with favorable results on streets of similar condition.
The estimated cost for reconstruction for these segments is $600,000 to $900,000 while the cost for the
chip seal with cape seal is $209,473.72
The chip seal with cape seal treatment is a much less expensive alternative to complete reconstruction
for road segments at the end of their service life, ideal for residential and collector streets. As the name
suggests, this treatment consists of two preventative maintenance applications; a chip seal overcoated
with a slurry seal. A chip seal is an application of small angular rock (chips) approximately 1/4” to 3/8” in
maximum size, embedded into a thick application of asphalt emulsion. Most chip seals incorporate
polymer modified binders. The chip seal with a cape seal treatment will maintain a pavement which
needs to be reconstructed, and can extend the service life of pavement for up to 8 to 10 years.
For the proper application of a chip seal with cape seal, an initial chip seal is applied to the surface of
the road, followed by the application of a slurry seal on top of that surface seven to ten days later. The
slurry seal (cape seal) prevents water from penetrating through the roadway section and provides a new
skid resistant surface.
If the Town experiences favorable results from these pilot locations, it will utilize this treatment on
many of our roads that are at the end of their useful service life and currently slated for complete
re-construction. The cost savings resulting from the less costly chip seal with cape seal, coupled with
extending the life of these roads for 8-10 years will have an enormous positive impact on the Town’s
roadway budget, allowing the Town to treat more of our roadways and “catch up” on our current
deficiencies, and increase the overall pavement condition index (PCI) of our roadway network.
Related Ordinance, Policy or Guiding Principle
Pavement Management best practices
Risk Analysis
These street segments are close to failure and will benefit from a chip seal overcoated with a slurry
seal. By using this less expensive method to repair these street segments, the town is able to extend the
life of the streets and avoid a considerably higher cost of reconstructing the streets.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval of Professional Services Agreement 2022-074
SUGGESTED MOTION
MOVE to approve Professional Services Agreement 2022-074, between the Town of Fountain Hills and
Cactus Transport, Inc, D/B/A Cactus Asphalt in the amount of $209,473.72
Fiscal Impact
Fiscal Impact:$209,473.72
Budget Reference:280
Funding Source:Streets fund
If Multiple Funds utilized, list here:N/A
Budgeted: if No, attach Budget Adjustment Form:N/A
Attachments
Professional Services Agreement
Scope and Fee
Underlying Agreement
Chama map
Primrose map
Form Review
Inbox Reviewed By Date
Public Works Director (Originator)Justin Weldy 03/02/2022 03:51 PM
Finance Director David Pock 03/03/2022 09:08 AM
Town Attorney Aaron D. Arnson 03/03/2022 10:58 AM
Town Manager Grady E. Miller 03/03/2022 04:04 PM
Form Started By: Justin Weldy Started On: 03/02/2022 03:01 PM
Final Approval Date: 03/03/2022
1
Contract No. 2022-074
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
CACTUS TRANSPORT, INC.
D/B/A
CACTUS ASPHALT
THIS COOPERATIVE PURCHASING AGREEMENT (this “Agreement”) is entered into
as of March 15, 2022, between the Town of Fountain Hills, an Arizona municipal corporation (the
“Town”), and Cactus Transport, Inc., d/b/a Cactus Asphalt, a(n) Arizona corporation (the
“Contractor”).
RECITALS
A. After a competitive procurement process (Solicitation ROQ-175923), Pinal County
(AZ) (the “County”) entered into Contract 175923ROQ, dated June 27, 2018 (the “County
Contract”), for the Contractor to provide JOC Asphalt Maintenance and Repair Service. A copy of
the County Contract is attached hereto as Exhibit A and incorporated herein by reference, to the
extent not inconsistent with this Agreement.
B. The Town is permitted, pursuant to Section 3-3-27 of the Town Code, to make
purchases under the County Contract, at its discretion and with the agreement of the awarded
Contractor, and the County Contract permits its cooperative use by other public entities, including
the Town.
C. The Town and the Contractor desire to enter into this Agreement for the purpose of
(i) acknowledging their cooperative contractual relationship under the County Contract and this
Agreement, (ii) establishing the terms and conditions by which the Contractor may provide JOC
Asphalt Maintenance and Repair Service (the “Materials and Services”) and (iii) setting the
maximum aggregate amount to be expended pursuant to this Agreement related to the Materials and
Services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are
incorporated herein by reference, the following mutual covenants and conditions, and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town
and the Contractor hereby agree as follows:
1. Term of Agreement. This Agreement shall be effective as of the date first set forth
above and shall remain in full force and effect until March 14, 2023 (the “Initial Term”), unless
terminated as otherwise provided in this Agreement or the County Contract. After the expiration of
the Initial Term, this Agreement may be renewed for up to four successive one-year terms (the
“Renewal Term”) if: (i) it is deemed in the best interests of the Town, subject to availability and
2
appropriation of funds for renewal in each subsequent year, (ii) the term of the County Contract has
not expired or has been extended, (iii) at least 30 days prior to the end of the then-current term of
this Agreement, the Contractor requests, in writing, to extend this Agreement for an additional one-
year term and (iv) the Town approves the additional one-year term in writing (including any price
adjustments approved as part of the County Contract), as evidenced by the Town Manager’s
signature thereon, which approval may be withheld by the Town for any reason. The Contractor’s
failure to seek a renewal of this Agreement shall cause this Agreement to terminate at the end of the
then-current term of this Agreement; provided, however, that the Town may, at its discretion and
with the agreement of the Contractor, elect to waive this requirement and renew this Agreement.
The Initial Term and any Renewal Term(s) are collectively referred to herein as the “Term.” Upon
renewal, the terms and conditions of this Agreement shall remain in full force and effect.
2. Scope of Work. Contractor shall provide to the Town the Services under the terms
and conditions of the County Contract and according to the specifications set forth in the
Contractor’s Proposal attached hereto as Exhibit B and incorporated herein by reference.
2.1 Inspection; Acceptance. All Materials and Services are subject to final
inspection and acceptance by the Town. Materials failing to conform to the requirements of this
Agreement and/or the State Contract will be held at Contractor’s risk and may be returned to the
Contractor. If so returned, all costs are the responsibility of the Contractor. Upon discovery of non-
conforming Materials or Services, the Town may elect to do any or all of the following by written
notice to the Contractor: (i) waive the non-conformance; (ii) stop the work immediately; or (iii) bring
Materials or Services into compliance and withhold the cost of same from any payments due to the
Contractor.
2.2 Cancellation. The Town reserves the right to cancel any work order within a
reasonable time after issuance. Should a work order be canceled, the Town agrees to reimburse the
Contractor, but only for actual and documentable costs incurred by the Contractor due to and after
issuance of the work order. The Town will not reimburse the Contractor for any costs incurred after
receipt of the Town notice of cancellation, or for lost profits, shipment of product prior to issuance
of a work order or for anything not expressly permitted pursuant to this Agreement.
3. Compensation. The Town shall pay Contractor an amount not to exceed $209,473.72
for the Materials and Services at the rates set forth in the County Contract and as more particularly
set forth in Exhibit B. The aggregate amount per renewal term shall not exceed $50,000 in any case
unless the Agreement is affirmed and ratified via an executed amendment. All remaining terms and
conditions of the Agreement shall remain in full force and effect.
4. Payments. The Town shall pay the Contractor monthly (and the Contractor shall
invoice monthly), based upon acceptance and delivery of Materials and/or Services performed and
completed to date, and upon submission and approval of invoices. Each invoice shall (i) contain a
reference to this Agreement and the County Contract and (ii) document and itemize all work
completed to date. The invoice statement shall include a record of materials delivered, time
expended, and work performed in sufficient detail to justify payment. Additionally, invoices
submitted without referencing this Agreement and the County Contract will be subject to rejection
and may be returned.
3
5. Records and Audit Rights. To ensure that the Contractor and its subcontractors are
complying with the warranty under Section 6 below, Contractor’s and its subcontractors’ books,
records, correspondence, accounting procedures and practices, and any other supporting evidence
relating to this Agreement, including the papers of any Contractor and its subcontractors’ employees
who perform any work or services pursuant to this Agreement (all of the foregoing hereinafter
referred to as “Records”), shall be open to inspection and subject to audit and/or reproduction
during normal working hours by the Town, to the extent necessary to adequately permit evaluation
of the Contractor’s and its subcontractors’ compliance with the Arizona employer sanctions laws
referenced in Section 6 below. To the extent necessary for the Town to audit Records as set forth in
this Section, Contractor and its subcontractors hereby waive any rights to keep such Records
confidential. For the purpose of evaluating or verifying such actual or claimed costs or units
expended, the Town shall have access to said Records, even if located at its subcontractors’
facilities, from the effective date of this Agreement for the duration of the work and until three years
after the date of final payment by the Town to Contractor pursuant to this Agreement. Contractor
and its subcontractors shall provide the Town with adequate and appropriate workspace so that the
Town can conduct audits in compliance with the provisions of this Section. The Town shall give
Contractor or its subcontractors reasonable advance notice of intended audits. Contractor shall
require its subcontractors to comply with the provisions of this Section by insertion of the
requirements hereof in any subcontract pursuant to this Agreement.
6. E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41- 4401,
the Contractor and its subcontractors warrant compliance with all federal immigration laws and
regulations that relate to their employees and their compliance with the E-verify requirements under
ARIZ. REV. STAT. § 23-214(A). Contractor’s or its subcontractors’ failure to comply with such
warranty shall be deemed a material breach of this Agreement and may result in the termination of
this Agreement by the Town.
7. Israel. Contractor certifies that it is not currently engaged in and agrees for the
duration of this Agreement that it will not engage in a “boycott,” as that term is defined in ARIZ.
REV. STAT. § 35-393, of Israel.
8. Conflict of Interest. This Agreement may be canceled by the Town pursuant to ARIZ.
REV. STAT. § 38-511.
9. Applicable Law; Venue. This Agreement shall be governed by the laws of the State
of Arizona and a suit pertaining to this Agreement may be brought only in courts in Maricopa
County, Arizona.
10. Agreement Subject to Appropriation. The Town is obligated only to pay its
obligations set forth in this Agreement as may lawfully be made from funds appropriated and
budgeted for that purpose during the Town’s then current fiscal year. The Town’s obligations under
this Agreement are current expenses subject to the “budget law” and the unfettered legislative
discretion of the Town concerning budgeted purposes and appropriation of funds. Should the Town
elect not to appropriate and budget funds to pay its Agreement obligations, this Agreement shall be
deemed terminated at the end of the then-current fiscal year term for which such funds were
appropriated and budgeted for such purpose and the Town shall be relieved of any subsequent
obligation under this Agreement. The parties agree that the Town has no obligation or duty of good
faith to budget or appropriate the payment of the Town’s obligations set forth in this Agreement in
4
any budget in any fiscal year other than the fiscal year in which this Agreement is executed and
delivered. The Town shall be the sole judge and authority in determining the availability of funds
for its obligations under this Agreement. The Town shall keep Contractor informed as to the
availability of funds for this Agreement. The obligation of the Town to make any payment pursuant
to this Agreement is not a general obligation or indebtedness of the Town. Contractor hereby waives
any and all rights to bring any claim against the Town from or relating in any way to the Town's
termination of this Agreement pursuant to this section.
11. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among
the terms of this Agreement, the County Contract, the Proposal, and invoices, the documents shall
govern in the order listed herein. Notwithstanding the foregoing, and in conformity with Section 2
above, unauthorized exceptions, conditions, limitations or provisions in conflict with the terms of
this Agreement or the County Contract (collectively, the “Unauthorized Conditions”), other than the
Town’s project-specific requirements, are expressly declared void and shall be of no force and
effect. Acceptance by the Town of any work order or invoice containing any such Unauthorized
Conditions or failure to demand full compliance with the terms and conditions set forth in this
Agreement or under the County Contract shall not alter such terms and conditions or relieve
Contractor from, nor be construed or deemed a waiver of, its requirements and obligations in the
performance of this Agreement.
12. Rights and Privileges. To the extent provided under the County Contract, the Town
shall be afforded all of the rights and privileges afforded to the State and shall be the “State” (as
defined in the County Contract) for the purposes of the portions of the County Contract that are
incorporated herein by reference.
13. Indemnification; Insurance. In addition to and in no way limiting the provisions set
forth in Section 12 above, the Town shall be afforded all of the insurance coverage and
indemnifications afforded to the State to the extent provided under the County Contract, and such
insurance coverage and indemnifications shall inure and apply with equal effect to the Town under
this Agreement including, but not limited to, the Contractor’s obligation to provide the
indemnification and insurance. In any event, the Contractor shall indemnify, defend and hold
harmless the Town and each council member, officer, employee or agent thereof (the Town and any
such person being herein called an “Indemnified Party”), for, from and against any and all losses,
claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’
fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may
become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or
actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts,
intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the
Contractor, its officers, employees, agents, or any tier of subcontractor in the performance of this
Agreement.
14. Notices and Requests. Any notice or other communication required or permitted to
be given under this Agreement shall be in writing and shall be deemed to have been duly given if
(i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail, registered
or certified, return receipt requested, to the address set forth below or (iii) given to a recognized and
reputable overnight delivery service, to the address set forth below:
If to the Town: Town of Fountain Hills
5
16705 E. Avenue of the Fountains
Fountain Hills, Arizona 85268
Attn: Grady E. Miller, Town Manager
With copy to: Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
Attn: Aaron D. Arnson, Town Attorney
If to Contractor: Cactus Transport, Inc.
d/b/a Cactus Asphalt
8211 W. Sherman St.
Tolleson, Arizona 85353
Attn: John Flores
or at such other address, and to the attention of such other person or officer, as any party may
designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed
received: (i) when delivered to the party, (ii) three business days after being placed in the U.S. Mail,
properly addressed, with sufficient postage or (iii) the following business day after being given to a
recognized overnight delivery service, with the person giving the notice paying all required charges
and instructing the delivery service to deliver on the following business day. If a copy of a notice
is also given to a party’s counsel or other recipient, the provisions above governing the date on
which a notice is deemed to have been received by a party shall mean and refer to the date on which
the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed
to have received the notice.
[SIGNATURES APPEAR ON FOLLOWING PAGES]
EXHIBIT B
TO
COOPERATIVE SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
CACTUS TRANSPORT, INC.
D/B/A
CACTUS ASPHALT
[Quote or Work Order]
See following pages.
To:Contact:Town Of Fountain Hills David A. Janover, PE
Town Of Fountain Hills - Cape SealProject Name:Bid Number:CA252322009
Fax:(480) 837-8328Fountain Hills, AZ 85268
Address:16705 E. Avenue Of The Fountains Phone:(480) 816-5150
Project Location:Primrose (Lost Hills-Tumbleweed), Chama (Gunsight - FH BLVD),
Fountain Hills, AZ
Bid Date:2/25/2022
Total PriceUnit PriceUnitItem DescriptionItem # Line #Estimated Quantity
$16,980.67$1.998,533.006-21 SYEDGE MILLING: Edge Of Pavement Will Be
Wedge-Milled And The Asphalt Millings Removed,
Hauled Off And Legally Disposed Of.
- Chama (~ 8'x4,911')
- Primrose (~ 8'x4,689')
$37,957.92$862.6844.004-11 TONPMAR BINDER (16,700 SY @ 0.65 GAL/SY)
(<100 TONS):
$4,488.00$102.0044.004-19 TONBINDER HAUL AND APPLY:
$27,604.00$103.00268.004-23 TONCHIPS - HV PRE-COATED (16,700 SY @ 32
LBS/SY):
$1,760.00$40.0044.004-28 TONTRAFFIC CONTROL CHIP-SEAL (Based On
Binder Tonnage):
$24,469.12$941.1226.005-19 TONSLURRY SEAL CQS (< 100 TONS)(15% Of
168 Tons Aggregate):
$20,496.00$122.00168.005-27 TONSLURRY SEAL AGGREGATE RES TYPE-II
(16,700 SY @ 20LBS/SY):
$3,666.00$141.0026.005-35 TONTRAFFIC CONTROL SLURRY (Based On
Binder Ton):
$10,256.00$641.0016.008-2 EACHADJUST VALVE BOX & COVER:
$12,964.00$926.0014.008-5 EACHADJUST MANHOLE & COVER:
$74.40$0.16465.007-4 LF15 MIL (4") WHITE TRAFFIC PAINT STRIPE
: 12" Stop Bars Will Be Laid Out And Repainted
In Their Original Locations.
$302.25$0.65465.007-12 LFTRANSVERSE THERMOPLASTIC 12" STOP
BARS (3x4"):~ 30 Days Later, Thermoplastic
Markings Will Be Applied.
$30,000.00$30,000.001.009-1 LSTRAFFIC CONTROL SET UP FOR MILLING,
STRIPING & ADJUSTMENTS (Not Included
With TC For Chip-Seal Or Slurry-Seal Items
Above)(This Item Also Includes Mark-Up
For Entire Project):
$7,000.00$35.00200.009-4 HRFLAGGING SERVICES PER HOUR (Not
Included With Either Chip-seal Or Slurry
Seal TC Above):5 Flaggers For 6 Days During
Milling & Patching Operations.
$198,018.36Bid Price Subtotal:
$11,455.36Maricopa County, State And Fountain Hills 5.7850%:
$209,473.72Total Bid Price:
Notes:
•Standard Terms and Conditions to follow.
•All scheduling contingent upon mutual agreement of Owner and Cactus Asphalt.
•Quoted prices valid for 60 days unless otherwise noted.
•Cactus is not responsible for notification, nor removal of vehicles and property from work areas.
Page 1 of 22/25/2022 3:47:57 PM
To:Contact:Town Of Fountain Hills David A. Janover, PE
Town Of Fountain Hills - Cape SealProject Name:Bid Number:CA252322009
Fax:(480) 837-8328Fountain Hills, AZ 85268
Address:16705 E. Avenue Of The Fountains Phone:(480) 816-5150
Project Location:Primrose (Lost Hills-Tumbleweed), Chama (Gunsight - FH BLVD),
Fountain Hills, AZ
Bid Date:2/25/2022
•In the event that quantities differ from above, billing will reflect agreed upon measured quantities.
•EXCLUSIONS (Unless Otherwise Specified): Plans, Engineering, Survey, Staking, As-Builts, Testing, Inspection, Gradework, Landscape Areas, Weed
Killer, Crack-Sealing, ABC or Landscape Materials, Vegetation Replacement, Prime Coat, Concrete Structures, Irrigation or Pipe Work, Utility
Removal or Relocation, Drywells, Rip/Rap, Structural Backfill, New Signage, Excavation, Subgrade Stabilization, Removal of Debris Generated by
Other Trades, Erosion Control, Thickened Pavement Edge, Project Information Sign And Any Special Insurance Requirements.
ACCEPTED:
The above prices, specifications and conditions are satisfactory
and hereby accepted.
Buyer:
Signature:
Date of Acceptance:
CONFIRMED:
Cactus Asphalt
Authorized Signature:
Estimator:John Flores
(602) 319-3420 jf@cactusasphalt.com
Page 2 of 22/25/2022 3:47:57 PM
EXHIBIT A
TO
COOPERATIVE SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
CACTUS TRANSPORT, INC.
D/B/A
CACTUS ASPHALT
[County Contract]
See following pages.
#Item Description
Quantity
Required
Unit of
Measure Unit Price
#1-1 Crack Sealing 1/4 To 1" Width 1 LBS 1.27$
#1-2 Crack Routing 1 LBS 0.24$
#1-3 Crack Vacuum 1 LBS 0.15$
#1-4 Traffic Control - Crack Sealing 1 LBS 0.47$
#2-1 Crack Seal 1" To 2" Utilizing Crack Mastic 1 LBS 3.55$
#2-2 Traffic Control - Crack Mastic 1 LBS 1.03$
#3-1 Asphalt Emulsion Fog Seal SS 1:1 Or CSS 1:1, 1 TON 325.00$
#3-2 Asphalt Emulsion Fog Seal SS 1:1 Or CSS 1:1, 1 TON 223.00$
#3-3 Asphalt Emulsion Fog Seal TRMSS, < 50 TONS 1 TON 589.00$
#3-4 Asphalt Emulsion Fog Seal TRMSS, > 50 TONS 1 TON 549.00$
#3-5 Asphalt Emulsion Fog Seal PASS QB, < 50 TO 1 TON 447.00$
#3-6 Asphalt Emulsion Fog Seal PASS QB, > 50 TO 1 TON 414.00$
#3-7 Asphalt Emulsion Fog Seal CQS-TR, < 50 TON 1 TON 591.00$
#3-8 Asphalt Emulsion Fog Seal CQS-TR, > 50 TON 1 TON 566.00$
#3-9 Asphalt Emulsion Fog Seal CQS-LM, < 50 TON 1 TON 609.00$
#3-10 Asphalt Emulsion Fog Seal CQS-LM, > 50 TON 1 TON 583.00$
#3-11 Asphalt Emulsion Fog Seal TR-Fog, < 50 TONS 1 TON 457.00$
#3-12 Asphalt Emulsion Fog Seal TR-Fog, > 50 TONS 1 TON 435.00$
#3-13 Fog Seal Binder - Haul and Apply Services 1 TON 233.00$
#3-14 Traffic Control - Fog Seal (Based on Binder TO 1 TON 138.00$
#3-15 PMM Seal Coat 1 SY 0.60$
#3-16 MTR Seal Coat 1 SY 0.33$
#3-17 Seal Coat Binder - Haul and Apply Services 1 TON 569.00$
#3-18 Traffic Control - Seal Coat (Based on Binder TO 1 TON 222.00$
#4-1 Chip Seal Binder: AC15-5TR, < 100 TONS 1 TON 708.00$
#4-2 Chip Seal Binder: AC15-5TR, > 100 TONS 1 TON 691.00$
#4-3 Chip Seal Binder: MC-800 TR, < 100 TONS 1 TON 724.00$
#4-4 Chip Seal Binder: MC-800 TR, > 100 TONS 1 TON 707.00$
#4-5 Chip Seal Binder: Asphalt Rubber (PG 64-16, 1 1 TON 671.00$
#4-6 Chip Seal Binder: Asphalt Rubber (PG 64-16, 1 1 TON 486.00$
#4-7 Chip Seal Binder: Asphalt Rubber (PG 58-22, 1 1 TON 671.00$
#4-8 Chip Seal Binder: Asphalt Rubber (PG 58-22, 1 1 TON 486.00$
#4-9 Chip Seal Binder: RAB (Rubberized Asphalt Bin 1 TON 739.00$
#4-10 Chip Seal Binder: RAB (Rubberized Asphalt Bin 1 TON 554.00$
#4-11 Chip Seal Binder: Polymer Modified Asphalt Ru 1 TON 761.00$
#4-12 Chip Seal Binder: Polymer Modified Asphalt Ru 1 TON 576.00$
#4-13 Chip Seal Binder: Polymer Modified Asphalt Ru 1 TON 761.00$
#4-14 Chip Seal Binder: Polymer Modified Asphalt Ru 1 TON 576.00$
#4-15 Chip Seal Binder: CRS-TR, < 100 TONS 1 TON 579.00$
#4-16 Chip Seal Binder: CRS-TR, > 100 TONS 1 TON 566.00$
#4-17 Chip Seal Binder: CRS-2P, < 100 TONS 1 TON 513.00$
#4-18 Chip Seal Binder: CRS-2P, > 100 TONS 1 TON 500.00$
#4-19 Chip Seal Binder - Haul & Apply Services 1 TON 102.00$
#4-20 Scrub Seal Binder: Rubberized Asphalt Scrub S 1 TON 810.00$
#4-21 Scrub Seal Binder: Rubberized Asphalt Scrub S 1 TON 626.00$
#4-22 Scrub Seal Binder - Haul & Apply Services 1 TON 269.00$
Cactus Asphalt
#4-23 Chip Seal Aggregate - HVT Pre-Coated 1 TON 103.00$
#4-24 Chip Seal Aggregate - LVT Pre-Coated 1 TON 103.00$
#4-25 Chip Seal Aggregate - HVT Non-Coated 1 TON 83.50$
#4-26 Chip Seal Aggregate - LVT Non-Coated 1 TON 83.50$
#4-27 Scrub Seal Aggregate 1 TON 168.00$
#4-28 Traffic Control - Chip and Scrub Seal (Based on 1 TON 40.00$
#4-29 Chip Seal Binder: PASS CR, <100 Tons 1 TON 718.00$
#4-30 Chip Seal Binder: PASS CR, >100 Tons 1 TON 702.00$
#5-1 Micro Surface Binder: LMCQSTR-MS, < 100 T 1 TON #######
#5-2 Micro Surface Binder: LMCQSTR-MS, > 100 T 1 TON #######
#5-3 Micro Surface Binder: MSE (MAG Spec.), < 10 1 TON #######
#5-4 Micro Surface Binder: MSE (MAG Spec.), > 10 1 TON 958.00$
#5-5 Micro Surface Binder: CQSLM, < 100 TONS 1 TON #######
#5-6 Micro Surface Binder: CQSLM, > 100 TONS 1 TON 958.00$
#5-7 Micro Surface Binder: CQSPM, < 100 TONS 1 TON #######
#5-8 Micro Surface Binder: CQSPM, > 100 TONS 1 TON #######
#5-9 Micro Surface Binder: CQSLM TR, < 100 TON 1 TON #######
#5-10 Micro Surface Binder: CQSLM TR, > 100 TON 1 TON #######
#5-11 Slurry Seal Binder: LMCQSTR, < 100 TONS 1 TON #######
#5-12 Slurry Seal Binder: LMCQSTR, > 100 TONS 1 TON #######
#5-13 Slurry Seal Binder: LMCQS, < 100 TONS 1 TON 981.00$
#5-14 Slurry Seal Binder: LMCQS, > 100 TONS 1 TON 843.00$
#5-15 Slurry Seal Binder: PMCQS (Solid Polymer SB 1 TON #######
#5-16 Slurry Seal Binder: PMCQS (Solid Polymer SB 1 TON 883.00$
#5-17 Slurry Seal Binder: PMQS h, < 100 TONS 1 TON
#5-18 Slurry Seal Binder: PMQS h, > 100 TONS 1 TON
#5-19 Slurry Seal Binder: CQS, < 100 TONS 1 TON 863.00$
#5-20 Slurry Seal Binder: CQS, > 100 TONS 1 TON 790.00$
#5-21 Slurry Seal Binder: CQSLM, < 100 TONS 1 TON 982.00$
#5-22 Slurry Seal Binder: CQSLM, > 100 TONS 1 TON 843.00$
#5-23 Slurry Seal Binder: CQS TR, < 100 TONS 1 TON #######
#5-24 Slurry Seal Binder: CQS TR, > 100 TONS 1 TON 941.00$
#5-25 Slurry Seal Binder: CQSLM TR, < 100 TONS 1 TON #######
#5-26 Slurry Seal Binder: CQSLM TR, > 100 TONS 1 TON #######
#5-27 Slurry Seal Aggregate (Type I) Residential 1 TON 219.00$
#5-28 Slurry Seal Aggregate (Type II) Residential 1 TON 122.00$
#5-29 Slurry Seal Aggregate (Type II) Arterial 1 TON 124.00$
#5-30 Slurry Seal Aggregate (Type III) Residential 1 TON 120.00$
#5-31 Slurry Seal Aggregate (Type III) Arterial 1 TON 123.00$
#5-32 Micro Surfacing Aggregate (Type II)1 TON 154.00$
#5-33 Micro Surfacing Aggregate (Type III)1 TON 124.00$
#5-34 Slurry Seal & Micro Seal Fiber Additive 1 LBS 8.00$
#5-35 Traffic Control - Slurry and Micro Seal (Based o 1 TON 141.00$
#6-1 Asphalt Concrete Pavement (Marshall 1/2" Mix 1 TON 123.75$
#6-2 Asphalt Concrete Pavement (Marshall 1/2" Mix 1 TON 89.10$
#6-3 Asphalt Concrete Pavement (Marshall 1/2" Mix 1 TON 123.75$
#6-4 Asphalt Concrete Pavement (Marshall 1/2" Mix 1 TON 89.10$
#6-5 Asphalt Concrete Pavement (Marshall 3/4" Mix 1 TON 123.75$
#6-6 Asphalt Concrete Pavement (Marshall 3/4" Mix 1 TON 89.10$
#6-7 Asphalt Concrete Pavement (Marshall 3/4" Mix 1 TON 123.75$
#6-8 Asphalt Concrete Pavement (Marshall 3/4" Mix 1 TON 89.10$
#6-9 Asphalt Concrete Pavement (Superpave 1/2" M 1 TON 123.75$
#6-10 Asphalt Concrete Pavement (Superpave 1/2" M 1 TON 89.10$
#6-11 Asphalt Concrete Pavement (Superpave 3/4" M 1 TON 123.75$
#6-12 Asphalt Concrete Pavement (Superpave 3/4" M 1 TON 89.10$
#6-13 Asphalt-Rubber Concrete Pavement, < 500 TO 1 TON 158.50$
#6-14 Asphalt-Rubber Concrete Pavement, > 500 TO 1 TON 122.50$
#6-15 Bituminous Tack Coat (CSS-1H, Diluted)1 TON 686.00$
#6-16 Asphaltic Concrete Patching (Remove And Rep 1 TON 275.00$
#6-17 Asphaltic Concrete Patching (Pothole Patching 1 TON #######
#6-18 Recondition Shoulder 1 SY 2.00$
#6-19 Shoulder Build-Up Material 1 TON 28.00$
#6-20 Saw Cut Asphaltic Concrete Pavement (Per Inc 1 LF 0.35$
#6-21 Asphaltic Concrete Pavement Milling (Edge Mil 1 SY 1.99$
#6-22 Asphalt Profiling (Micro Milling 1 to 2,000 SY)1 SY 6.40$
#6-23 Asphalt Profiling (Micro Milling 2,001 to 4,000)1 SY 4.21$
#6-24 Asphalt Profiling (Micro Milling 4,001 to 16,000)1 SY 2.89$
#6-25 Asphalt Profiling (Micro Milling 16,001 to 32,000 1 SY 2.20$
#6-26 Asphalt Profiling (Micro Milling 32,001 to 64,000 1 SY 2.02$
#7-1 Remove Thermoplastic Stripe 1 LF 0.63$
#7-2 Remove Thermoplastic Symbol Or Legend 1 EA 79.00$
#7-3 Remove Raised Pavement Marker 1 EA 2.35$
#7-4 15 MIL (4") White Traffic Paint Stripe 1 LF 0.16$
#7-5 15 MIL (4") Yellow Traffic Paint Stripe 1 LF 0.16$
#7-6 Paint Symbol Arrow 1 EA 79.00$
#7-7 Paint Symbol (RR Crossing)1 EA 150.00$
#7-8 Paint Symbol (Bike Lane Marking Set)1 EA 103.00$
#7-9 Paint Legend "Only"1 EA 79.00$
#7-10 60 MIL (4") White Thermoplastic Traffic Stripe 1 LF 0.38$
#7-11 60 MIL (4") Yellow Thermoplastic Traffic Stripe 1 LF 0.38$
#7-12 Transverse Thermoplastic 4" Equivalent 1 LF 0.65$
#7-13 Thermoplastic Pavement Arrow 90 MIL 1 EA 158.00$
#7-14 Thermoplastic Symbol, RR Crossing 90 MIL 1 EA 307.00$
#7-15 Thermoplastic Legend "Only" 90 MIL 1 EA 189.00$
#7-16 25 MIL (4") White Dual Component Pavement M 1 LF 0.41$
#7-17 25 MIL (4") Yellow Dual Component Pavement 1 LF 0.41$
#7-18 Transverse Dual Component Pavement Markin 1 EA 0.75$
#7-19 Dual Component Pavement Marking Symbol (E 1 EA 354.00$
#7-20 Dual Component Pavement Marking Legend (E 1 EA 354.00$
#7-21 Pre-Formed Tape Striping (3M 270 Series) 4" E 1 LF 2.75$
#7-22 Pre-Formed Symbol (3M 270 Series)1 EA 275.00$
#7-23 Pre-Formed Legend (3M 270 Series)1 EA 307.00$
#7-24 Reflectorized Raised Pavement Marker (Type D 1 EA 3.95$
#7-25 Reflectorized Raised Pavement Marker (Type G 1 EA 3.95$
#7-26 Reflectorized Riased Pavement Marker (Type H 1 EA 3.95$
#7-27 Reflectorized Raised Pavement Marker (Type 9 1 EA 3.95$
#7-28 Chip Seal Marker, ADOT Std M-20 1 EA 2.15$
#8-1 Adjust Round Frame & Cover To Grade, MAG D 1 EA 665.00$
#8-2 Adjust Valve Box & Cover To Grade, MAG Det. 1 EA 641.00$
#8-3 Adjust Valve Box & Cover To Grade, MAG Det. 1 EA 641.00$
#8-4 Adjust Valve Box & Cover To Grader, MAG Det 1 EA 641.00$
#8-5 Adjust Manhole Frame & Cover To Grade, MAG 1 EA 926.00$
#9-1 Traffic Control (Not for Items No. 1-5)1 LS -$
#9-2 Message Board (Per Unit Per Day)1 DY 75.00$
#9-3 Uniformed Off-Duty Pinal County Sheriff Deputy 1 HR 45.00$
#9-4 Flagging Services (Hours Vary By Job)1 HR 35.00$
#9-5 Pilot Car And Driver (Hours Vary By Job)1 HR 65.00$
#9-6 Document Existing Pavement Markings 1 LS -$
#9-7 Miscellaneous Removals And Other Work 1 LS -$
#9-8 Paved Surface Cleaning 1 MILE #######
#9-9 Community Relations 1 LS -$
ROQ-175923
JOC Asphalt
Maintenance & Repair
Services
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 1 of 37
NOTICE OF REVIEW OF QUALIFICATIONS
Designated Agency: PINAL COUNTY PUBLIC WORKS DEPARTMENT
Material or Service: JOC ASPHALT MAINTENANCE & REPAIR SERVICES
Contract Type: FIRM FIXED PRICE
Contract Period: ONE (1) YEAR INITIAL TERM
FOUR (4) ONE-YEAR RENEWAL OPTIONS
Pre-Submittal Conference: N/A
Question Due Date: BY 5:00 PM ARIZONA TIME ON MAY 9, 2018
Solicitation Due Date: BY 2:00 PM ARIZONA TIME ON MAY 22, 2018
Number of Copies Required: ELECTRONIC SUBMITTAL
Solicitation Opening Date: BY 2:15 PM ARIZONA TIME ON MAY 22, 2018
Solicitation Opening Location: 31 NORTH PINAL STREET
BUILDING A
FLORENCE, AZ 85132
Procurement Officer Contact
Name:
LORINA GILLETTE, CPPB
Telephone: (520) 866- 6639
Fax: (520) 866- 2903
E-mail: Lorina.Gillette@pinalcountyaz.gov
Table of Contents
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 2 of 37
SOLICITATION DOCUMENTS
SCOPE OF WORK……………………………………………………………………………….…………….p. 3
DEFINITIONS…………………………………………………………………………………………………...p. 7
SPECIAL INSTRUCTIONS……………………………………………………………………………………p. 10
UNIFORM INSTRUCTIONS………………………………………………………………………………….. p. 13
TERMS AND CONDITIONS…………………………………………………………………………………. p. 18
ADDENDUM ACKNOWLEDGEMENT FORM…………………………………………………………….. p. 31
W-9 FORM …………………………………………………………………………………………………….. p. 32
RESPONDERS CHECKLIST………………………………….…………………………………………..... p. 33
OFFER AND ACCEPTANCE FORM……..……………….…………………………………………………p. 34
EXHIBITS AND ATTACHMENTS
Attachment A – Bonfire Submission Instructions for Suppliers
END OF SOLICITATION
Statement of Work
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 3 of 37
1. INTRODUCTION
1.1 Purpose and Description
Pinal County Public Works (County) is seeking experienced Contractors to provide Asphalt Maintenance and Repair Services
on an as-needed basis at various project locations throughout the County utilizing the Job Order Contracting (JOC) project
delivery method.
It is the intent of the County to select four (4) contractors for contract award. The initial term of the JOC will be for a minimum
of one (1) year and may be renewed up to four (4) additional one-year terms. Renewal of the contract will be at the sole option
of the County and be based on the successful performance of the JOC Contractor and the needs of the County. The
individual job order assignment maximum amount is $1,000,000. It is the County’s intent to enter into a cost plus fee structure.
During the term of the JOC, work is performed as a series of individual job orders assignments. Individual projects may
require the expenditure approval of the Pinal County Board of Supervisors. Each job order assignment, initiated by the owner,
is defined cooperatively by the owner and contractor. A scope, schedule and price are negotiated and agreed upon. Then the
contractor is directed to proceed with the work. Job Order Contracting may include design services, pre-construction services,
construction work, maintenance and as-built documents.
The County has elected to use the JOC delivery method for these projects as outlined under A.R.S. Title 34. Cost effective
construction in the shortest possible time frame and within the County’s tolerance of financial risk will be the guiding principles
behind the projects.
1.2 Cooperative Purchasing
This contract shall be for the permissive use by Pinal County. The County has entered into various cooperative purchasing
agreements with other Arizona government entities in order to conserve resources, reduce overhead and purchase costs and
improve delivery time. The contract resulting from this Solicitation may be extended for use by other municipalities, school
districts and government agencies in the State of Arizona with the approval of the Contractor. Orders placed by other
agencies and payment thereof will be the sole responsibility of that agency. The County shall not be responsible for any
disputes arising out of transactions made by others.
2. SCOPE OF WORK
2.1 Scope of Work
The County maintains a network of civil infrastructure. The infrastructure includes, but not limited to, paved streets, dirt roads,
trails, multi-use paths, park pavements, and parking lots. This JOC will be focused but not limited to, supplying all labor,
material, and equipment for asphalt maintenance and repairs. Work assignments may include but not limited to, and the
successful contractors shall have experience, knowledge and ability to accomplish the following tasks:
2.1.1 Obtain all necessary permits, required to complete the job order assignment, including but not limited to; Engineering
off-site, haul route, stockpile, SWPPP, dust control, traffic control plans, etc.
2.1.2 Placing asphalt pavements including full depth sections, overlays, patches and repairs.
2.1.3 Pavement maintenance and rehabilitation; including but not limited to; crack sealing and joint sealing, crack routing
and large crack repair, applying various types of surface treatments including fog seal, scrub seal, chip seal, other
asphalt rejuvenation methods, milling and/or roadway profiling, saw cutting and removing both asphalt and concrete
pavements.
2.1.4 Utility adjustments.
2.1.5 Minor subgrade preparation including compacting native soil, placing and compacting ABC, millings, soil stabilization
and grading.
2.1.6 Minor earthwork: site rough and finishing grade.
2.1.7 Signing and striping including, survey of existing striping and signing, providing and installing project signs,
obliteration of striping, layout and installing striping, symbols, raised pavement markers and signage.
2.1.8 Preparing traffic control plans, providing traffic set-up in accordance with the approved traffic control plans and
barricading work areas.
2.1.9 Shoulder maintenance including grading, build-up, placement of surface treatment and sealing.
Statement of Work
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 4 of 37
2.2 Project Information
The successful JOC contractors will have documented established successful work relationships with various qualified
subcontractors and knowledge of JOC project delivery methods. The specific work associated with each job order assignment
shall be mutually agreed upon and issued by the County.
For any project determined by the County to be appropriate for this Job Order Contract, the County will request that the
contractor prepare a scope of work, cost proposal, project schedule and back-up supporting documentation. If acceptable,
the County will issue a Purchas Order, at which time the parties will execute an individual job order assignment specifying the
cost and completion schedule for that project. Although the County anticipates that the JOC Contractor will be issued work,
the Contractor is neither guaranteed a minimum amount of work nor any jobs at all. The County reserves the right and will
issue job order assignments based on ability of the contractor to meet the County’s work schedule and the availability of trades
and expertise in relation to each project.
All construction shall conform to the latest version of the Uniform Standard Specifications and Details for Public Works
Construction published by the Maricopa Associate of Governments (MAG), Standard Specifications and Details for Road and
Bridge Construction published by Arizona Department of Transportation (ADOT), Manual on Uniform Traffic Control Devices
(MUTCD) published by Federal Highway Administration (FHWA), , and the construction documents (plans and specifications)
associated with each Job Order assignment.
2.3 Work Authorization
Any Work required under this Contract shall be authorized by issuance of formal, written Job Order Purchase Orders as
follows:
2.3.1 As the need exists (as determined by the County) for performance under the terms of this Contract, the County will
notify the Contractor of an existing requirement.
2.3.2 Upon the receipt of this notification, Contractor shall respond within two (2) working days, or as otherwise agreed, by:
2.3.2.1 Visiting the proposed site in the company of County staff, or;
2.3.2.2 Establishing contact with the County to further define the scope of the requirement.
2.3.3 After mutual agreement on the scope of the individual requirement, Contractor shall then prepare a proposal for
accomplishment of the task unless Contractor, in its sole discretion, elects not to undertake the Work. If the Work is
declined, Contractor will so notify the County in a timely manner.
2.3.4 The price matrix shall serve as the basis for establishing the value of the Work to be performed.
2.3.5 Contractor’s proposal shall be submitted within ten (10) working days unless otherwise agreed.
2.3.6 Upon receipt of the Contractor’s proposal, the County will review the proposal for completeness and will reach
agreement with Contractor on pricing, schedule and all other terms, prior to issuance of a Job Order Purchase Order.
2.3.7 In the event the County does not issue a Job Order Purchase Order after receipt of the Contractor’s proposal, the
County is not obligated to reimburse the Contractor for any costs incurred in the preparation of the proposal, except as
noted in §2.4.3
2.4 Scheduling of Work
2.4.1 For each Job Order Purchase Order, the County will issue a Notice to Proceed. The first day of performance under a
Job Order shall be the effective date in the Notice to Proceed. Any preliminary work started or material ordered or
purchased before receipt of the Notice to Proceed shall be at the risk and expense of the Contractor. Contractor shall
diligently prosecute the Work to completion within the time set forth in the Job Order Purchase Order. The period of
performance includes allowances for mobilization, holidays, weekend days, normal inclement weather, and cleanup.
Therefore, claims for delay based on these elements will not be allowed. When Contractor considers the Work
complete and ready for its intended use, Contractor shall request the County to inspect the Work to determine the
Statement of Work
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 5 of 37
status of completion. A minimum of 30 days prior to Final Completion the Contractor, in conjunction with the County,
shall prepare a comprehensive list of Punch list items, which the County 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. Items on
the Punch list must be completed or corrected prior to final payment for the Job Order. Contractor shall proceed
promptly to complete and correct items on the list. Two year warranties required by the Contract Documents shall not
commence until the date of Final Completion unless otherwise provided in the Contract.
2.4.2 Job placement of materials and equipment shall be made with a minimum of interference to County operations and
personnel.
2.4.3 Furniture and portable office equipment in the immediate work area will be moved by Contractor and replaced to its
original location. If the furniture and portable office equipment cannot be replaced to its original location, the County
will designate new locations. If furniture and portable office equipment (or other items) must be moved and/or stored
outside the immediate area, the County will compensate the Contractor for any such transportation and storage costs
incurred.
2.4.4 Contractor shall take all precautions to ensure that no damage will result from its operations to private or public
property. All damages shall be repaired or replaced by Contractor at no cost to the Owner.
2.4.5 Contractor shall be responsible for providing all necessary traffic control, such as street blockages, traffic cones,
flagmen, etc., as required for each Job Order Purchase Order. Proposed traffic control methods shall be submitted to
the County for approval.
2.5 Quality Assurance/Quality Control Program
2.5.1 Contractor shall submit, for County approval, a Quality Assurance/Quality Control Plan within fifteen (15) calendar
days after issuance of the initial Job Order Purchase Order. This plan should address all aspects of quality control
including responsibility for surveillance of work, documentation, trend analysis, corrective action and interface with
County inspectors.
2.6 Utility Company Coordination
2.6.1 Unless specifically excluded by the individual Job Order Agreement, the Contractor will be responsible for
coordinating with utility design work for permanent service to the project and will ensure that the work takes place in a
timely manner and does not impact the project schedule. Any utility design fees for permanent services to a project
will be paid by the County.
2.7 Temporary Sanitation Facilities
2.7.1 The Contractor shall provide ample toilet facilities with proper enclosures for the use of workmen employed on the
work site. Toilet facilities shall be installed and maintained in conformity with all applicable state and local laws,
codes, regulations and ordinances. They shall be properly lit and ventilated and kept clean at all times.
2.7.2 Adequate and satisfactory drinking water shall be provided at all times and under no circumstances and under no
conditions will the use of common cups be permitted. The Contractor must supply sanitary drinking cups for the
benefit of all employees.
2.8 Dust Control and Water
2.8.1 The dust control measures shall be in accordance with the requirements of the Pinal County Air Quality Control
District Code of Regulations. Water or other approved dust palliative in sufficient quantities shall be applied during all
phases of construction involving open earthwork to prevent unnecessary discharge of dust and dirt into the air. The
Contractor shall be responsible for compliance with these regulations. A Notice to Proceed will not be issued until the
County has received a copy of the Contractor’s Dust Control Permit and Plan.
2.8.2 The Contractor shall be required to obtain the necessary permit and all pertinent information from the Pinal County Air
Quality Department 31 N Pinal St, Bldg. F, Florence, AZ 85132 520-866-6929.
Statement of Work
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 6 of 37
2.8.3 The Contractor shall keep suitable equipment on hand at the job site for maintaining dust control on the project
streets, and shall employ sufficient labor, materials and equipment for that purpose at all times during the project to
the satisfaction of the County.
2.8.4 Watering shall conform to the provisions of Section 225 of the MAG Standard Specifications. The cost of watering will
be included in the price bid for the construction operation to which such watering is incidental or appurtenant.
2.9 Work by Owner
2.9.1 The County reserves the right to undertake or award Contracts for the performance of the same or similar type work
contemplated herein, and to do so will not breach or otherwise violate the contract.
Definitions
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 7 of 37
1. DEFINITIONS. For this Contract certain words, phrases and terms shall have special meaning as defined herein. Furthermore,
words used in the present tense shall include the future; words used in the singular shall include the plural; words in the plural
shall include the singular; and words in the neutral or masculine gender are inclusive and do not in any way connote a specific
gender.
1.1 Bid Documents: The whole of the Invitation for Bid packet, which consists of all documents listed in the index of said bid packet
and all Addenda thereto.
1.2 Bid Price: Total amount quoted by bidder for performing the Scope of Work described in the Bid Documents
1.3 Bid Form: The approved County form on which the bidder affixes an authorized signature certifying that the bidder has carefully
reviewed the Scope of Work and is willing to perform said Scope of Work and furnish all labor, equipment and materials
necessary to complete said Work for an amount not to exceed the bid price quoted.
1.4 Bid Security: A cashier’s check, certified check, or surety bond written by a surety holding a certificate of authority to transact
surety business in Arizona, in the amount of ten percent (10%) of the total bid price to guarantee the bidder will enter into the
contract if the bid is accepted and which is the agreed amount of liquidated damages in case of failure to enter into Contract or
provide contract security.
1.5 Bidder: An individual, partnership, firm, corporation, or any acceptable combination thereof, or joint venture responding to an
Invitation to Bid by submitting a signed Bid.
1.6 Board: Pinal County Board of Supervisors.
1.7 Calendar Days: A period of time meaning consecutive days including Saturdays, Sundays and holidays.
1.8 Change Order: Amendment of the Contract, Contract Documents or both, which is not effective until after approval by the
Contractor and the Pinal County Board of Supervisors. Approval by the Board of Supervisors shall be in accordance with the
provisions of paragraph 4 of the General Provisions of this contract. These changes include but are not limited to adding
additional streets or roadway segments to the Scope of Work.
1.9 Channel: A natural or artificial watercourse.
1.10 Contract Administrator: Director of the Pinal County Department of Public Works, who reviews and approves recommendations
for all contracts, change orders and pay estimates to the Board of Supervisors.
1.11 Contract Bonds/Contract Security (Performance Bond and Labor and Material Payment Bond): The approved forms of security,
furnished by the successful bidder/contractor the Contractors surety or sureties, guaranteeing the full and complete performance
of the contract and all supplemental agreements pertaining thereto and the payment of all legal debts including the payment of
all taxes pertaining to the Scope of Work.
1.12 Contract/Contract Documents: The written instrument between Pinal and the contractor entitled “Contract Agreement” and the
Bid Documents, as defined above, constitute the entire Contract/Contract Documents after (a) award of the Contract; (b) the
successful bidder has furnished the required security and insurance and executed the Contract Agreement; (c) Pinal has
accepted and approved the security; and (d) execution of the Contract Agreement by Pinal.
1.13 Contract Time: The number of calendar days allowed for completion of the Contract, including authorized time extensions. If a
specified completion date is shown in lieu of the number of working or calendar days, the contract time expires on that date and
the Contract shall be completed on or before that date or the date of any authorized extension.
1.14 Contractor: A bidder in whose favor the Pinal County Board of Supervisors has awarded the Contract and who has provided
the necessary Contract security, met the required insurance requirements and entered into a contract agreement with Pinal.
1.15 County Engineer or Engineer: The Pinal County Engineer, acting by and under authority of the laws of the State of Arizona, or
the County Engineer’s designee acting under the County Engineer’s supervision, on behalf of the Pinal county Board of
Supervisors.
1.16 Culvert: Any structure not classified as a bridge which provides an opening under the roadway.
Definitions
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 8 of 37
1.17 Days: Calendar days (see above).
1.18 Department: The Pinal County Department of Public Works.
1.19 Director: The Pinal County Department of Public Works, acting in the official capacity as said Director.
1.20 Equipment: All machinery and equipment, together with the necessary supplies for upkeep and maintenance and also tools and
apparatus necessary for acceptable completion of the Scope of Work.
1.21 Holidays: The legal holidays as defined in the latest revisions at the time of bidding, of the Arizona Revised Statutes, Title 1,
Chapter 3, §1-301.
1.22 Laboratory: A testing laboratory that has been approved by Pinal to perform testing and that has been determined by Pinal to
be free from any conflict of interest.
1.23 Labor and Material Payment Bond: A payment bond furnished by Contractor and Contractor’s surety or sureties for the full
amount of the Bid Price to guarantee payment to laborers and material supplies.
1.24 Materials: Any substances specified for use in the construction of the Project.
1.25 Material Supplier: O ne who fabricates, or processes an item off the Project Site, and who may or may not delivery this to the
Project Site. For purposes of this definition, a supplier shall not include one how establishes a fabricating process or facility
expressly for use of the Project, whether on or off the Project Site; or one who performs work on the Project Site that is
incorporated into the Project.
1.26 Notice of Award: Written notice to the successful bidder notifying that the bid has been accepted by the Pinal County Board of
Supervisors.
1.27 Performance Bond: A bond in the full amount of the total Bid Price furnished by Contractor and Contractor’s surety sureties to
protect Pinal by conditioning release of the bond sum upon Contractors full and complete performance of the Contract and all
supplemental agreements thereto.
1.28 Plans: The project plans, standard drawings, working drawings and supplemental drawings, or reproductions thereof, approved
by the Engineer, which show the location, character, dimensions and details of the Work to be performed. All such documents
are to be considered as a part of the plans whether or not they are reproduced in the Invitation for Bid packet.
1.29 Progress Payment: Monthly draw against the contract price based on work completed and determined by the Schedule of
Values and approved by the Engineer.
1.30 Project Plans: Specific details and dimensions peculiar to the Work which are supplemented by the Standard Drawings insofar
as they may apply.
1.31 Purchase Order: A document which specifies, identifies and/or describes an item, service or supply delivery and/or
transportation purchased by Pinal and includes a written note from Pinal to nay contractor or vendor of the start date and the
Scope of Work.
1.32 Quality Assurance Inspector/QA Inspectors: The Engineer’s authorized representative assigned to make detailed inspections
of contract performance.
1.33 Repetition of Expressions: In order to avoid cumbersome and needless repetition, such phrases as “to the Engineer” and “by
the Engineer” shall be understood to mean that when an order, instruction, decision, exercise of judgement or other similar
action is indicated, such order, instruction, decision, exercise of judgement or other similar action shall be issued, given, made
by or reserved to the County Engineer.
1.34 Responsible Bidder: A person who has the capability to perform the contract requirements and the integrity and reliability which
will assure good faith performance.
1.35 Responsive Bid: A bid which conforms to all material respects to the invitation for bid.
Definitions
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 9 of 37
1.36 Schedule of Performance: A timetable prepared by a bidder given a Notice of Award, to commence running upon Pinal’s
issuance of a Notice to Proceed, defining the Bidder’s projection of significant milestones in the course of the performance of
the Contract, as well as the number of days elapsed from the issuance of the Notice to Proceed to each such milestone.
1.37 Schedule of Values: Prices set by the Contractor for specified divisions of the Work. These prices shall be used to arrive at the
amounts due under the contract on the progress payments. They shall include everything for that particular quantity of work
which the Contractor expects to be paid, e.g. labor, material, overhead, profit. Equipment costs or rental, transportation.
1.38 Special Detour: A detour, which requires the contraction of a paved surface and generally does not include any portion of a
route utilizing an existing roadway.
1.39 Shop Drawings: Drawings approved for repetitive use, showing details to be used where appropriate.
1.40 Specifications: The compilation of provisions and requirements for the performance of the prescribed Scope of Work, which
include general, special and technical specifications.
1.41 Subcontractor: An individual, partnership, firm or corporation or any acceptable combination thereof, or joint venture, which
performs any of the prescribed Scope of Work, directly or indirectly for or on behalf of Contractor whether or not in privity of
contract with Contractor.
1.42 Superintendent: Contractor’s authorized representative in responsible charge of the Work.
1.43 Surety: The corporate body bound with and for Contractor, for the full and complete performance of the Contract and for payment
of all debts pertaining to the Work.
1.44 Working Day: A calendar day, exclusive of Saturdays, Sundays, and County recognized holidays, on which weather and other
conditions not under the control of Contractor shall permit Contractor’s operation to proceed for the major part of the day with
the normal working force engaged in performing the controlling item or items of work which would be in progress at that time.
1.45 Working and Supplemental Drawings: Supplemental design sheets, shop drawings or similar data which Contractor is required
to submit to Pinal.
Special Instructions
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 10 of 37
1 INQUIRIES
1.1 All questions related to this Request for Proposal shall be directed to the Procurement Officer , Lorina Gillette, CPPB at
lorina.gillette@pinalcountyaz.gov. Questions should be submitted in writing when time permits. Any correspondence related
to a solicitation should refer to the appropriate solicitation number, page and paragraph number.
1.2 Responders may not contact any County employees other than the Procurement Officer concerning this procurement while
the Solicitation and evaluation are in process.
2 OFFER PREPARATION
2.1 Contract. Offers shall include a signed Contract form.
The Contract Form shall be signed with an original signature by the person signing the Offer, and shall be submitted no later
than the Offer due date and time. Failure to return the Contract Form may result in rejection of the Offer.
2.2 Acknowledgement of Solicitation Addendums. Offers shall include any/all signed Solicitation Addendum(s), as described in
section 2.7 of the Uniform Instructions.
Solicitation Addendums are posted on the Pinal County website at the following address:
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx. It is the responsibility of the Responder to periodically
check this website for any Solicitation Addendum. Solicitation Addendums shall be signed with an original signature by the
person signing the Offer, and shall be submitted no later than the Offer due date and time. Failure to return a signed (or
acknowledgment for electronic submission, when authorized) copy of a Solicitation Addendum may result in rejection of the
Offer.
2.3 Estimated Quantities. The County does not anticipate considerable activity under contract(s) awarded as a result of this
solicitation, therefore, no commitment of any kind is made concerning quantities actually acquired. The quantities that may
be reflected in the solicitation are estimates only.
2.4 Offer Format. Offers shall follow the following format: The original copy of the Offer shall be clearly labeled “ORIGINAL”
and shall contain a Title Page that identifies the solicitation number and provides the Responder Name, Address,
Telephone Number as well as the Name and Title of the Solicitation Contact Person. The Offer shall be organized into two
(2) sections as follows:
2.4.1 Requested Documents.
2.4.1.1 Section One: shall contain the Title Page as well as the following forms: Statement of Bonding Capacity,
Addendum Acknowledgement Form, W9 form and signed Offer and Acceptance Form
2.4.1.2 Section Two: shall contain the Subcontractor Selection Plan
2.4.1.3 Section Three: shall contain scanned copies of the Arizona Registrar of Contractors License Identification
Card(s). Multiple ID cards by be placed on the same page.
2.4.1.4 Section Four: shall contain the Pricing Matrix.
2.4.2 Requested Questionnaires.
2.4.2.1 Shall contain the completed questionnaire titled JOC Civil Construction Services.
2.6 Additional Special Instructions. Responders shall see the attachments within the Solicitation for Additional Special
Instructions associated with this Solicitation.
2.7 Additional Terms and Conditions. Responders shall see the attachments within the Solicitation for Additional Terms and
Conditions.
3 SUBMISSION OF OFFER
Special Instructions
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 11 of 37
3.1 Electronic Documents. The Solicitation document is provided in an electronic format. Any unidentified alteration or
modification to any Solicitation documents, to any attachments, exhibits, forms, charts or illu strations contained herein shall be
null and void. In those instances where modifications are identified, the original document published by the County shall take
precedence. As provided in the Solicitation Instructions, Responders are responsible for clearly identifying any and all changes
or modifications to any Solicitation documents upon submission to the County.
4 EVALUATION
4.1 Evaluation. In accordance with the Pinal County Procurement Code, awards shall be made to the responsible responder(s)
whose proposal is determined in writing to be the most advantageous to the County based upon the evaluation criteria listed
below. The evaluation factors are listed in their relative order of importance.
1. Method of Approach
2. Experience and Qualifications of the Contractor
3. Experience and Qualifications of Key Personnel
4. Conformance to Terms and Conditions
4.2 Clarifications. Upon receipt and opening of proposals submitted in response to this solicitation, the County may request oral
or written clarifications, including demonstrations or questions and answers, for the sole purpose of information gathering or of
eliminating minor informalities or correcting nonjudgmental mistakes in proposals. Clarifications shall not otherwise afford the
Responders the opportunity to alter or change its proposal.
4.3 Negotiations. County may conduct negotiations with those Responders who’s Offers are determined by the County to be
reasonably susceptible of being selected for award. Negotiations may be in writing or in person and may include
presentations, site visits or demonstrations.
4.4 Responsibility, Responsiveness and Acceptability. In accordance with Pinal County Procurement Code PC1-328(H), County
shall consider the following in determining Responder responsibility as well as the responsiveness and acceptability of their
Offer.
Responders may not be considered responsible if they have been debarred from the practice of their profession that would
otherwise be necessary in the provision of goods and services under any resulting contract. Responders may not be
considered responsible if they have had a contract with the County, within the last three-years, that was terminated for
cause, due to breach or similar failure to comply with the terms of any such contract. Responders may also not be
considered responsible if there is factual evidence of their frequent and reoccurring failure to satisfy the terms of their
agreements and contractual relationships, both with the County or other government entities. Factual evidence shall consist
of any documented vendor performance reports, customer complaints and/or negative references (including those found
outside of the submittal). Other factors that the County may evaluate to determine responsibility include, but are not limited
to excessively high or low pricing, compliance with applicable laws, and financial capacity to perform as specified. The
County reserves the right to review the qualifications of any key personnel to be assigned to provide services.
Offers may not be considered responsive and/or acceptable if they do not contain information sufficient to evaluate the Offer in
accordance with the evaluation criteria identified in the Solicitation including (i) a completed Offer and Acceptance Form; (ii)
completed Solicitation Addendums acknowledging any/all changes to the Solicitation; (iii) a response to the County’s
Statement of Work, (iv) a price proposal; or (iv) other certifications or bond sureties required in the Solicitation.
4.5 Best and Final Offers. If negotiations are conducted, the County shall issue a written request for a Best and Final Offer. The
request shall set forth the date, time and place for the submission of the Best and Final Offer. Best and Final Offers shall be
requested only once, unless the County makes a determination that it is advantageous to conduct further negotiations or
change the solicitation requirements.
5 AWARD
5.1 Contract Document Consolidation. At its sole option, following any contract award(s) the County may consolidate the resulting
contract documents. Examples of such consolidation would include (i) reorganizing solicitation documents and components of
the Contractor’s Offer only pertaining to the Solicitation; (ii) revising the Statement of Work to incorporate the Contractor’s
response, (iii) revising any terms and conditions to incorporate any changes in the Contractor’s Offer; (iv) excluding any
Special Instructions
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 12 of 37
components of the Contractor’s Offer that were not awarded. Contract document consolidation shall not materially change the
Contract.
5.2 Post Award Meeting. The Contractor may be required to attend a post-award meeting with the Using Agency to discuss the
terms and conditions of this Contract. This meeting will be coordinated by the Procurement Officer of the Contract.
Uniform Instructions
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 13 of 37
1 INQUIRIES
1.1 Duty to Examine. It is the responsibility of each Responder to examine the entire Solicitation, seek clarification in writing
(inquiries), and examine its’ Offer for accuracy before submitting the Offer. Lack of care in pr eparing an Offer shall not be
grounds for modifying or withdrawing the Offer after the Offer due date and time, nor shall it give rise to any Contract claim.
1.2 Solicitation Contact Person. Any inquiry related to a Solicitation, including any requests for or inquiries regarding standards
referenced in the Solicitation shall be directed solely to the Solicitation contact person. The Responder shall not contact or
direct inquiries concerning this Solicitation to any other County employee unless the Solicitation specifically identifies a person
other than the Solicitation contact person as a contact.
1.3 Submission of Inquiries . The Procurement Officer or the person identified in the Solicitation as the contact for inquiries except
at the Pre-Offer Conference, require that an inquiry be submitted in writing. Any inquiry related to a Solicitation shall refer to
the appropriate Solicitation number, page and paragraph. Do not place the Solicitation number on the outside of the envelope
containing that inquiry, since it may then be identified as an Offer and not be opened until after the Offer due date and time.
The County shall consider the relevancy of the inquiry but is not required to respond in writing.
1.4 Timeliness. Any inquiry or exception to the solicitation shall be submitted as soon as possible and should be submitted at
least seven days before the Offer due date and time for review and determination by the County. Failure to do so may result i n
the inquiry not being considered for a Solicitation Addendum.
1.5 No Right to Rely on Verbal Responses. A responder shall not rely on verbal responses to inquiries. A verbal reply to an
inquiry does not constitute a modification of the solicitation.
1.6 Solicitation Addendum. The Solicitation shall only be modified by a Solicitation Addendum.
1.7 Pre-Offer Conference. If a pre-Offer conference has been scheduled under this Solicitation, the date, time and location shall
appear on the Solicitation cover sheet or elsewhere in the Solicitation. Responders should raise any questions about the
Solicitation or the procurement at that time. A Responder may not rely on any verbal responses to questions at the
conference. Material issues raised at the conference that result in changes to the Solicitation shall be answered solely through
a written Solicitation Addendum.
1.8 Persons with Disabilities. Persons with a disability may request a reasonable accommodation, such as a sign language
interpreter, by contacting the Solicitation contact person. Requests shall be made as early as possible to allow time to arrange
the accommodation.
2 OFFER PREPARATION
2.1 Forms: No Facsimile, Telegraphic or Electronic Mail Offers. An Offer shall only be submitted through Pinal County’s web
portal, Bonfire. Any substitute document for the forms provided in this Solicitation must be legible and contain the same
information requested on the forms, unless the solicitation indicates otherwise. A facsimile or electronic mail (e-mail) Offer
shall be rejected if submitted in response to requests for proposals or invitations for bids.
2.2 Typed or Ink; Corrections. The Offer shall be typed or in ink. Erasures, interlineations or other modifications in the Offer shall
be initialed in ink by the person signing the Offer. Modifications shall not be permitted after Offers have been opened except
as otherwise provided under applicable law.
2.3 Evidence of Intent to be Bound. The Offer and Acceptance form within the Solicitation shall be submitted with the Offer and
shall include a signature (or acknowledgement for electronic submissions, when authorized) by a person authorized to sign the
Offer. The signature shall signify the Responder’s intent to be bound by the Offer and the terms of the Solicitation and that the
information provided is true, accurate and complete. Failure to submit verifiable evidence of an intent to be bound, such as an
original signature, shall result in rejection of the Offer.
2.4 Exceptions to Terms and Conditions. All exceptions included with the Offer shall be submitted in a clearly identified separate
section of the Offer in which the Responder clearly identifies the specific paragraphs of the Solicitation where the exceptio ns
occur. Any exceptions not included in such a section shall be without force and effect in any resulting Contract unless such
exception is specifically accepted by the Procurement Officer in a written statement. The Responder’s preprinted or standard
terms will not be considered by the County as a part of any resulting Contract.
2.4.1 Invitation for Bids. An Offer that takes exception to a material requirement of any part of the Solicitation, including
terms and conditions, shall be rejected.
Uniform Instructions
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 14 of 37
2.4.2 Request for Proposals. All exceptions that are contained in the Offer may negatively affect the County’s proposal
evaluation based on the evaluation criteria stated in the Solicitation or result in rejection of the Offer. An offer that
takes exception to any material requirement of the solicitation may be rejected.
2.5 Subcontracts. Responder shall clearly list any proposed subcontractors and the subcontractor’s proposed responsibilities in
the Offer.
2.6 Cost of Offer Preparation. The County will not reimburse any Responder the cost of responding to a Solicitation.
2.7 Solicitation Addendum. Each Solicitation Addendum shall be signed with an original signature by the person signing the Offer,
and shall be submitted no later than the Offer due date and time. Failure to return a signed copy of a Solicitation Addendum
may result in rejection of the Offer.
2.8 Federal Excise Tax. The County is exempt from certain Federal Excise Tax on manufactured goods. Exemption Certificates
will be provided by the County.
2.9 Provision of Tax Identification Numbers. Responders are required to provide their Arizona Transaction Privilege Tax Number
and/or Federal Tax Identification number by attaching a current W-9 Form.
2.9.1 Employee Identification. Responder agrees to provide an employee identification number or social security number
to the County for the purposes of reporting to appropriate taxing authorities, monies paid by the Department under
this contract. If the federal identifier of the responder is a social security number, this number is being requested
solely for tax reporting purposes and will be shared only with appropriate County and federal officials. This
submission is mandatory under 26 U.S.C. § 6041A.
2.10 Identification of Taxes in Offer. The County is subject to all applicable state and local transaction privilege taxes. All applicable
taxes shall be included in the pricing offered in the solicitation. At all times, payment of taxes and the determination of
applicable taxes are the sole responsibility of the contractor.
2.11 Disclosure. If the firm, business or person submitting this Offer has been debarred, suspended or otherwise lawfully precluded
from participating in any public procurement activity, including being disapproved as a subcontractor with any Federal, state or
local government, or if any such preclusion from participation from any public procurement activity is currently pending, the
Responder shall fully explain the circumstances relating to the preclusion or proposed preclusion in the Offer. The Responder
shall include a letter with its Offer setting forth the name and address of the governmental unit, the effective date of this
suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the
suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances
including the details enumerated above shall be provided.
2.12 Solicitation Order of Precedence. In the event of a conflict in the provisions of this Solicitation, the following shall prevail in the
order set forth below:
2.12.1 Terms and Conditions;
2.12.2 Statement or Scope of Work;
2.12.3 Specifications;
2.12.4 Attachments;
2.12.5 Exhibits;
2.12.6 Special Instructions to Responders;
2.12.7 Uniform Instructions to Responders;
2.12.8 Other documents referenced or included in the Solicitation; and
2.12.9 Individual Job Order Assignment
2.13 Delivery. Unless stated otherwise in the Solicitation, all prices shall be F.O.B. Destination and shall include all freight, delivery
and unloading at the destination(s).
2.14. Federal Immigration and Nationality Act. By signing of the Offer, the Responder warrants that both it and all proposed
subcontractors are in compliance with federal immigration laws and regulations (FINA) relating to the immigration status of
their employees. The State may, at its sole discretion require evidence of compliance during the evaluation process. Should
the State request evidence of compliance, the Responder shall have 5 days from receipt of the request to supply adequate
Uniform Instructions
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 15 of 37
information. Failure to comply with this instruction or failure to supply requested information within the timeframe specified
shall result in the offer not being considered for contract award.
2.15. Offshore Performance of Work Prohibited
Any services that are described in the specifications or scope of work that directly serve the State of Arizona or its clients and
involve access to secure or sensitive data or personal client data shall be performed within the defined territories of the United
States. Unless specifically stated otherwise in the specifications, this paragraph does not apply to indirect or 'overhead'
services, redundant back-up services or services that are incidental to the performance of the contract. This provision applies
to work performed by subcontractors at all tiers. Responders shall declare all anticipated offshore services in the proposal.
3 SUBMISSION OF OFFER
3.1 Online Offer Submission. Each offer shall be submitted through Pinal County’s web portal, Bonfire.
Requested Information
Name Type # Files Requirement Instructions
Section 1: Cover
Sheet, Statement of
Bonding Capacity,
Addendum
Acknowledgement
Form, W9, Offer &
Acceptance Form
File Type: Any Multiple Required
Section 2:
Subcontractor
Selection Plan
File Type: Any Multiple Required
Section 3: Scanned
copies of Arizona
Registrar of
Contractors License
Identification Card(s)
File Type: Any Multiple Required
JOC Asphalt
Maintenance & Repair
Services (Q-13MO)
Questionnaire:
Excel (.xlsx)
1 Required You will need to fill out the provided
Response Template for this
Questionnaire. The Response
Template can be downloaded from
the project listing on the Bonfire
portal.
Asphalt Maintenance
& Repair Services
(BT-05AQ)
BidTable: Excel
(.xlsx)
1 Required You will need to fill out the provided
Response Template for this
BidTable. The Response Template
can be downloaded from the project
listing on the Bonfire portal.
Upload your submission at:
https://pinalcountyaz.bonfirehub.com/opportunities/7907
Uniform Instructions
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 16 of 37
3.2 Offer Due Date. The exact due date and time that offers are due as stated on the Solicitation cover page.
3.3 Offer Amendment or Withdrawal. An Offer may not be amended or withdrawn after the Offer due date and time except as
otherwise provided under applicable law.
3.4 Public Record. All Offers submitted and opened are public records and must be retained by the County. Offers shall be open
to public inspection after Contract award, except for such Offers deemed to be confidential by the County. If a Responder
believes that information in its Offer should remain confidential, it shall indicate as confidential the specific information and
submit a statement with its Offer detailing the reasons that the information should not be disclosed. Such reasons shall include
the specific harm or prejudice which may arise. The County shall determine whether the identified information is confidential
pursuant to the Pinal County Procurement Code.
3.5 Non-collusion, Employment, and Services (Certification). By signing the Offer and Acceptance Form or other official contract
form, the Responder certifies that:
3.5.1 The Responder did not engage in collusion or other anti-competitive practices in connection with the preparation or
submission of its Offer; and
3.5.2 The Responder does not discriminate against any employee or applicant for employment or person to whom it
provides services because of race, color, religion, sex, national origin, or disability, and that it complies with all
applicable Federal, state and local laws and executive orders regarding employment.
3.6 Gratuities Prohibited/Integrity of Offers. The Responder affirms they have not given, nor intend to give at any time hereafter
any economic opportunity, future employment, gift, loan gratuity, special discount, trip, favor or service to any employee of
Pinal County in connection with the submitted Bid or Proposal. After award, the County may cancel this contract by giving
written notice to the Contractor if it is found that any gratuity, gift or other prohibited item were offered or given to any County
officer or employee. In the event the County cancels this contract pursuant to this provision, they shall be entitled, in addition
to any other rights and remedies, to recover or withhold from the Responder the amount of the gratuity.
3.7 Lobbying Prohibited. Responders are hereby advised that lobbying is not permitted with any County personnel or members
of the Board of Supervisors related to or involved with this Solicitation until the recommendation for award has been posted in
the Procurement Office.
4 EVALUATION
4.1 Unit Price Prevails. In the case of discrepancy between the unit price or rate and the extension of that unit price or rate, the
unit price or rate shall govern.
4.2 Taxes. If the products and/or services specified require transaction privilege or use taxes, they shall be described and
itemized separately on the offer. Arizona transaction privilege and use taxes shall not be considered for evaluation.
4.3 Prompt Payment Discount. Prompt payment discounts of thirty (30) days or more set forth in an Offer shall be deducted from
the offer for the purposes of evaluating that price.
4.4 Late Offers. An Offer submitted after the exact Offer due date and time shall be rejected.
4.5 Disqualification. A Responder (including each of it’s’ principals) who is currently debarred, suspended or otherwise lawfully
prohibited from any public procurement activity shall have its offer rejected.
4.6 Offer Acceptance Period. A Responder submitting an Offer under this Solicitation shall hold its Offer open for the number of
days from the Offer due date that is stated in the Solicitation. If the Solicitation does not specifically state a number of days for
Offer acceptance, the number of days shall be one hundred-twenty (120). If a Best and Final Offer is requested pursuant to a
Request for Proposals, a Responder shall hold its Offer open for one hundred twenty (120) days from the Best and Final Offer
due date.
4.7 Waiver and Rejection Rights. Notwithstanding any other provision of the Solicitation, the County reserves the right to:
4.7.1 Waive any minor informality;
4.7.2 Reject any and all Offers or portions thereof; or
4.7.3 Cancel the Solicitation.
Uniform Instructions
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 17 of 37
5 AWARD
5.1 Number or Types of Awards. The County reserves the right to make multiple awards or to award a Contract by individual line
items or alternatives, by group of line items or alternatives, or to make an aggregate award, or regional awards, whichever is
most advantageous to the County. If the Procurement Officer determines that an aggregate award to one Responder is not in
the County’s best interest, “all or none” Offers shall be rejected.
5.2 Contract Inception. An Offer does not constitute a Contract nor does it confer any rights on the Responder to the award of a
Contract. A Contract is not created until the Offer is accepted in writing by the Board of Supervisors, County Manager, Chief
Financial Officer, or their designee’s signature on the Offer and Acceptance Form. A notice of award or of the intent to award
shall not constitute acceptance of the Offer.
5.3 Effective Date. Th e effective date of this Contract shall be the date that the Board of Supervisors, County Manager, Chief
Financial Officer, or their designee signs the Offer and Acceptance form or other official contract form, unless another date is
specifically stated in the Contract or Contract Award.
6. Protests
6.1 Protests. A protest shall comply with and be resolved according to the Pinal County Procurement Code Article 9 and rules
adopted thereunder. Protests shall be in writing and be filed with both the Procurement Officer of the purchasing agency and
with the Finance Director. A protest of a Solicitation shall be received by the Procurement Officer before the Offer due date. A
protest of a proposed award or of an award shall be filed within ten (10) days after contract award. A protest shall include:
6.1.1 The name, address and telephone number of the protester;
6.1.2 The signature of the protester or its representative;
6.1.3 Identification of the purchasing agency and the Solicitation or Contract number;
6.1.4 A detailed statement of the legal and factual grounds of the protest including copies of relevant documents; and
6.1.5 The form of relief requested.
Terms & Conditions
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 18 of 37
1. Statement of Work
The Contractor, under the general supervision of the County, shall perform services as are necessary for the Work Assignment
and according to the directions and designated standards of the County, and in accordance with the Statement of Work. It is
understood and agreed that the County’s authorized representative shall be the Department of Public Works Director or his/her
duly authorized representative, hereinafter called the “Agent”. For purposes of this contract, the Agent’s duly authorized
representative shall be the Project Manager and he/she shall be the sole contact for administering this contract.
Contractor shall provide services, and complete in a workmanlike and substantial manner and to the satisfaction of the
Department of Public Works Director, Job Order assignments for the County, and furnish at its own cost and expense all
necessary machinery, equipment, tools, apparatus, and labor to complete the work in the most substantial and workmanlike
manner according to the Specifications and Work Assignment on file with the County and such modifications of the same and
other directions that may be made by the County as provided herein. The Contractor shall meet periodically wi th the County
Agent so as to keep the County informed of the progress of the work in accordance with each work assignment.
2. Contract Documents:
2.1 The Contract Documents. (Plans, Specifications, Addenda, if any, Affidavits, Performance Bond, Payment Bond, Certificates of
Insurance and Change Orders, if any) are by this reference made a part of this Contract and shall have the same effect as
though all of the same were fully inserted herein.
2.2 Contract Document Consolidation. At its sole option, following any contract award(s) the County may consolidate the resulting
contract documents. Examples of such consolidation would include (i) reorganizing solicitation documents and components of
the Contractor’s Offer only pertaining to the Solicitation; (ii) revising the Statement of Work to incorporate the Contractor’s
response, (iii) revising any terms and conditions to incorporate any changes in the Contractor’s Offer; (iv) excluding any
components of the Contractor’s Offer that were not awarded. Contract document consolidation shall not materially change the
Contract.
3. Time of Completion:
Contractor further covenants and agrees at its own proper cost and expense, to complete all work for the construction of assigned
Job Orders and to completely construct the same and provide the services therein, as called for by this agreement free and clear
of all claims, liens, and charges whatsoever, in the manner and under the conditions specified within the time, or times, stated
in the Work Assignment.
4. Contract Term, Extension, Price Adjustment:
The term of any resultant contract will commence on the date of award and will continue for one year unless canceled, termina ted
or extended as otherwise provided herein. The contract shall no bind nor purport to bind, the County for any contractual
commitment in excess of the original contract period. The County shall have the sole option to extend the contract for four (4)
additional one (1) year periods or a portion thereof. If the County exercises such rights, all terms, conditions and provisions of
the original contract shall remain in the same and apply during the extension period.
The Procurement Officer may review a fully documented request for a price increase only after the Contract has been in effect
for two years. Any requested increase(s) shall be based on an unmitigateble cost increase to the Contractor that was clearly
unpredictable at the time of the Offer and is directly correlated the cost of the goods or services contractually covered. A price
increase adjustment shall only be considered at the time of a contract extension and shall be a factor in the extension review
process. Requests for adjustment must be received by the Procurement Officer 120 days prior to contract renewal. The County
shall have the right to request and receive additional information, statistics, financial records etc., and to direct the content, form
and format of the presentation as it deems necessary to validate the Contractor’s request for a price adjustment. Failure to
respond to the County’s request within the time frame specified shall nullify the Contractor’s request. The County shall determine
whether the requested price increase is in its best interest and adjustments shall be subject to availability of monies appro priated.
Price reductions may be submitted to or requested by the County for consideration at any time during the Contract period. The
County, at its own discretion may accept a price reduction. Price reductions will become effective upon acceptance by the
Department.
Terms & Conditions
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 19 of 37
The price increase adjustment, if approved, will be effective upon the date of the contract extension. Price reductions will become
effective upon acceptance by the County.
5. Eligible Agencies (Cooperative Usage):
This contract shall be for the permissive use by Pinal County. The County has entered into various purchasing agreements with
other Arizona government entities in order to conserve resources, reduce overhead and purchase costs and improve delivery
time. The contract resulting from this Solicitation may be extended for use by other municipalities, school districts and
government agencies in the State of Arizona with the approval of the Contractor. Orders placed by other agencies and payment
thereof will be the sole responsibility of that agency. The County shall not be responsible for any disputes arising out of
transactions made by others.
6. Payments:
6.1 Compensation. As full consideration for the satisfactory performance by the Contractor of Work prescribed under the Contract,
the County shall pay Contractor the amounts specified in the individual Job Orders.
6.2 Invoices. Contractor shall submit invoices to:
Pinal County Finance Department
PO Box 1348 OR FinanceInvoices@pinalcountyaz.gov
Florence, AZ 85132
6.3 Job Order Cost Proposal Structure. For each Job Order, the Contractor shall prepare a Job Order Cost Proposal with the
sufficient level of cost detail as required by the County. Cost detail may include, but is not limited to: schedule of values, work
schedule, direct labor cost and fringe benefits, direct material costs (supported by quotes), direct equipment costs (supported
by quotes), cost of subcontractors (supported by quotes), and allowable indirect costs (includes insurance). The Contractor
shall utilize the markups established in the JOC Bid Table to calculate the overhead and profit for all Job Order Cost Proposals,
unless otherwise requested by the County. Profit on subcontractors/subconsultants shall not exceed 5 percent.
6.4 Progress Payments. Should an individual Job Order require more than thirty (30) days to complete, The County shall make
progress payments monthly as the Work proceeds, or at more frequent intervals as determined by the County, on estimates of
Work completed submitted by the Contractor and approved by the County. Contractor shall use an acceptable invoice from and
shall include supporting documents to reflect a breakdown of the total price showing the amount included therein for each
principal category of the Work, in such detail as requested, to provide a basis for determining progress payments. In the
estimation of Work completed, the County will authorize payment for material delivered on the site and preparatory work done if
Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform
the Work.
6.5 Owner’s Property. All material and work covered by progress payments made shall, at the time of payment, become the sole
property of the County. But this provision shall not be construed as:
6.5.1 Relieving the Contractor from the sole responsibility for all material and Work upon which payments have been made
or the restoration of any damaged Work; or
6.5.2 Waiving the right of the County to require the fulfillment of all the terms of the Contract.
6.6 Approval and Certification. An estimate of the Work submitted shall be deemed approved and certified for payment after seven
days from the date of submission unless before that time the County or the County’s agent prepares and issues a specific written
finding setting forth those items in detail in the estimate of the Work that are not approved for payment under this contract. The
County may withhold an amount from the progress payment sufficient to pay the expenses the County reasonably expects to
incur in correcting the deficiency set forth in the written finding. The progress payment shall be paid on or before thirty days
after the estimate of the Work is certified and approved. The estimate of the Work shall be deemed received by the County on
submission to any person designated by the County for the submission, review or approval of the estimate of the Work.
6.7 Unpaid Amounts. The County shall pay all unpaid amounts due the Contractor under this Contract within thirty (30) days, after:
6.7.1 Completion and acceptance of the Work;
Terms & Conditions
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 20 of 37
6.7.2 Presentation of a properly executed invoice;
6.7.3 Presentation of a fully executed Certificate of Performance provided by the County; or
6.7.4 Consent of Contractor’s surety, if any.
7. Termination:
The County hereby gives notice that pursuant to A.R.S. § 38-511 A, this contract may be canceled without penalty or further
obligation within three years after execution if any person significantly involved in initiation, negotiation, securing, drafting or
creating the contract on behalf of the County is, at any time while the contract or any extension of the contract is in effect, an
employee or agent of any other party to the contract in any capacity or a Contractor to any other party of the contract with respect
to the subject matter of the contract. Cancellation under this section shall be effective when written notice from the Public Works
Director of the County is received by all of the parties to the contract. In addition, the County may recoup any fee or comm ission
paid or due to any person significantly involved in initiation, negotiation, securing, drafting or creating the contract on behalf of
the County from any other party to the contract arising as a result of the contract.
8. Negotiation Clause:
Recovery of damages related to expenses incurred by Contractor for a delay for which the County is responsible, which is
unreasonable under the circumstances and which was not within the contemplation of the parties to the contract, shall be
negotiated between Contractor and the County. This provision shall be construed so as to give full effect to any provision in the
contract, which requires notice of delays, provides for arbitration or other procedure for settlement or provides for liquidated
damages.
9. Compliance with Laws:
Contractor is required to comply with all Federal, State and local ordinances and regulations. Contractor’s signature on this
contract certifies compliance with the provisions of the I-9 requirements of the Immigration Reform Control Act of 1986 for all
personnel that Contractor and any subcontractors employ to complete this project. It is understood that the County shall conduct
itself in accordance with the provisions of the Pinal County Procurement Code.
10. Anti -Discrimination Provision:
The Contractor shall comply with State of Arizona Executive Order No. 2009-9 and all other applicable Federal and State laws,
rules and regulations, including the Americans with Disabilities Act.
11. Indemnification:
To the fullest extent permitted by law, Contractor shall indemnify and hold harmless Pinal, its agents, representatives, officers,
directors, officials and employees, from any and all liability, demands, proceedings, suits, actions, claims, losses, costs and
damages of every kind and description, arising out of, resulting from or alleged to have resulted from the performance of the
Work. Contractor’s duty to indemnify and hold harmless Pinal, its agents, representatives, officers, directors, officials an d
employees shall arise in connection with all demands, proceedings, suits, actions, claims, workers’ compensation claims,
unemployment claims or employee’s liability claims, damages, losses or expenses (including but not limited to attorney’s fees,
court costs and/or arbitration costs and the cost of appellate proceedings) that are attributable to personal or bodily injury,
sickness, disease, death or injury to, impairment or destruction of property including loss of use resulting there from, caus ed by
or contributed to, in whole or in part, by any negligence, recklessness or intentional wrongful conduct, whether active or passive,
of Contractor, its employees, agents, representatives, any tier of Contractor’s subcontractors, their employees, agents or
representatives or anyone directly or indirectly employed by Contractor or its subcontractors or anyone for whose acts Contractor
or its subcontractor’s may be liable. The amount and type of insurance coverage requirements set forth in the Contract
Documents or remuneration of any insurance coverage herein provided shall in no way be construed as limiting the scope of
the indemnity in this paragraph. Such indemnity shall be required by Contractor from its subcontractors on behalf of Pinal.
12. Insurance Requirements:
Contractor, at Contractor’s own expense, shall purchase and maintain the herein stipulated minimum insurance from a company
or companies duly licensed by the State of Arizona and possessing a current A.M. Best, Inc. rating of B++6. In lieu of State of
Arizona licensing, the stipulated insurance may be purchased from a company or companies, which are authorized to do
Terms & Conditions
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 21 of 37
business in the State of Arizona, provided that said insurance companies meet the approval of County. The form of any
insurance policies and forms must be acceptable to County.
All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under
the terms of the Contract is satisfactorily completed and formally accepted. Failure to do so may, at the sole discretion of County,
constitute a material breach of this Contract.
Contractor’s insurance shall be primary insurance as respects County, and any insurance or self-insurance maintained by
County shall not contribute to it.
Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warr anty
shall not affect the County’s right to coverage afforded under the insurance policies.
The insurance policies may provide coverage that contains deductibles or self-insured retentions. Such deductible and/or self-
insured retentions shall not be applicable with respect to the coverage provided to County under such policies. Contractor shall
be solely responsible for the deductible and/or self-insured retention and County, at its option, may require Contractor to secure
payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit.
County reserves the right to request and to receive, within 10 working days, certified copies of any or all of the herein required
insurance policies and/or endorsements. County shall not be obligated, however, to review such policies and/or endorsements
or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from,
or be deemed a waiver of County’s right to insist on strict fulfillment of Contractor’s obligations under this Contract.
The insurance policies required by this Contract, except Worker’s Compensation, and Errors and Omissions, shall name County,
its agents, representatives, officers, directors, officials and employees as Additional Insureds.
The policies required hereunder, except Workers’ Compensation, and Errors and Omissions, shall contain a waiver of transfer
of rights of recovery (subrogation) against County, its agents, representatives, officers, directors, officials, and employees for
any claims arising out of Contractor’s work or service.
Contractor is required to procure and maintain the following coverages indicated by a checkmark:
Commercial General Liability
Commercial General Liability insurance and, if necessary, Commercial Umbrella insurance with a limit of not less than
$1,000,000 for each occurrence, $2,000,000 Products/Completed Operations Aggregate and $2,000,000 General Aggregate
Limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed
operations and blanket contractual coverage, and shall not contain any provision which would serve to limit third party action
over claims. There shall be no endorsement or modification of the CGL limiting the scope of coverage for liability arising from
explosion, collapse or underground property damage.
Automobile Liability
Commercial/Business Automobile Liability insurance and, if necessary, Commercial Umbrella insurance with a combined single
limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to any of the Contractor’s
owned, hired and non-owned vehicles assigned to or used in performance of the Contractor’s work or services under this
Contract.
Workers’ Compensation
Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor’s
employees engaged in the performance of the work or services under this Contract; and Employer’s Liability insurance of not
less than $1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000 disease policy limit.
Contractor waives all rights against County and its agents, officers, directors and employees for recovery of damages to the
extent these damages are covered by the Workers’ Compensation and Employer’s Liability or commercial umbrella liability
insurance obtained by Contractor pursuant to this agreement.
Certificates of Insurance
Prior to commencing work or services under this Contract, Contractor shall furnish County with Certificates of Insurance in a
form acceptable to County, or formal endorsements as required by the Contract in the form provided by the County, issued by
Terms & Conditions
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 22 of 37
Contractor’s insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Contract
are in full force and effect. Such certificates shall identify this contract number and title.
In the event any insurance policy(ies) required by this contract is(are) written on a “claims made” basis, coverage shall extend
for two years past completion and acceptance of Contractor’s work or services and as evidenced by annual Certificates of
Insurance.
If a policy does expire during the life of the Contract, a renewal certificate must be sent to County fifteen (15) days prior to the
expiration date.
Cancellation and Expiration Notice
Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) days prior written notice to
County.
13. Israel Boycott Prohibited:
Contractor hereby certifies to Pinal County as follows: that it is not currently engaged in, and agrees for the duration of this
Contract to not engage in, a boycott of Israel pursuant to A.R.S. § 35-393.01(A). Further that a breach of this Certification shall
constitute a material breach of this Contract that is subject to penalties up to and including termination of this Contract and that
Pinal County retains the legal right to inspect the records of Contractor to ensure compliance with this Certification.
14. Performance of Work:
14.1 Job Order Agreement . Performance of the Work shall be undertaken only upon the issuance of written Job Order
Purchas Orders by the County. Job Orders shall be in accordance with the requirements specified in the Statement
of Work and shall set forth, with the necessary particularity, the following:
14.1.1 Contract number along with the Job Order Contractor’s name;
14.1.2 Job Order number and date;
14.1.3 The agreed Work and applicable technical specifications and drawings;
14.1.4 The agreed period of performance and, if required by the County, a work schedule;
14.1.5 The place of performance;
14.1.6 The agreed total price for the Work to be performed;
14.1.7 Submittal requirements;
14.1.8 The County’s authorized representative who will accept the completed Work;
14.1.9 Signatures by parties hereto signifying agreement with the specific terms of the Job Order; and
14.1.10 Such other information as may be necessary to perform the Work.
14.2 Job Order Contractor Duties and Obligations.
14.2.1 Permits & Responsibilities. Job Order Contractor shall be responsible for processing of drawings for
approval by appropriate oversight bodies; for obtaining any necessary licenses and permits; and for
complying with any Federal, State and municipal laws, codes and regulations applicable to the
performance of the Work. The County will reimburse Contractor for the actual, documented costs of
construction permits required for the performance of the Work. Contractor shall also be responsible for
all damages to persons or property that occur as a result of Contractor’s fault or negligence, and shall
take proper safety and health precautions to protect the Work, the workers, the public, and the property
of others. Contractor shall also be responsible for all materials delivered and work performed until
completion and acceptance of the entire Work, except for any completed unit of Work which may have
been accepted under the Contract.
14.2.2 Self -Performance by the Job Order Contractor. The Job Order Contractor shall be allowed to bid as a
subcontractor for work over $50,000 and if it is the lowest acceptable bidder. Any change orders for
self -performed work shall require pre-approval by the County.
14.2.3 Jobsite Superintendent. During performance of a Job Order and until the Work is completed and
accepted, Contractor shall directly superintend the Work or assign a competent superintendent who will
Terms & Conditions
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 23 of 37
supervise the performance of Work and is satisfactory to the County and has authority to act for
Contractor.
Contractor will ensure that the site supervisor for the project is English proficient and that there is at
least one English proficient person at the construction site at all times work is being performed in order
to communicate with the County’s project manager.
14.2.4 Construction Layout. Contractor shall lay out its work in accordance with the Contract plans and
specifications and shall be responsible for all measurements in connection with the layout of the Work.
Contractor shall furnish, at its own expense, all stakes, templates, platforms, equipment, tools,
materials, and labor required to layout any part of the Work. Contractor shall also be responsible for
maintaining and preserving all control points established by the County.
14.2.5 Survey Control Points. Existing survey markers (either brass caps or iron pipes) shall be protected by
the Contractor or removed and replaced under direct supervision of the County Engineer or his
designee. Survey monuments shall be constructed to the requirements of MAG Specifications, Section
405 and Standard Details. Lot corners shall not be disturbed without knowledge and consent of the
property owner. The Contractor shall replace benchmarks, monuments or lot corners moved or
destroyed during construction at no cost to the County. Contractor and his sureties shall be liable for
correct replacement of disturbed survey benchmarks except where the County elects to replace survey
benchmarks using their own forces.
14.2.6 Traffic Regulations. All traffic affected by this construction shall be regulated in accordance with City of
Phoenix – Traffic Barricade manual, latest edition.
At the time of the pre-construction meeting, the Contractor shall designate an employee who is well
qualified and experienced in construction traffic control and safety to be responsible for implementing,
monitoring and altering traffic control measures as necessary. At the same time the County will
designate a representative who will be responsible to see that all traffic control and any alterations are
implemented and monitored to the extent that traffic is carried throughout the work area in an effective
manner and that motorists, pedestrians, bicyclists and workers are protected from hazards and
accidents.
All traffic control devices required for this project shall be the responsibility of the Contractor. The
Contractor shall place advance warnings; REDUCE SPEED, LOOSE GRAVEL, 25 MPH SPEED LIMIT
and DO NOT PASS signs in accordance with the Traffic Barricade Manual.
The Contractor shall provide, erect and maintain all necessary flashing arrow boards, barricades,
suitable and sufficient warning lights signals and signs, and shall take all necessary precautions for the
protection of the work and safety of the public. The Contractor shall provide, erect and maintain
acceptable and adequate detour signs at all closures and along detour routes.
All barricades and obstructions shall be illuminated at night and all safety lights shall be kept burning
from sunset until sunrise. All bar ricades and signs used by the Contractor shall conform to the standard
design, generally accepted for such purposes.
The Contractor shall insure that all existing traffic signs are erect, clean and in full view of the intended
traffic at all times. Street name signs at major street intersections shall be maintained erect at all times.
If these signs should interfere with construction, the Contractor shall notify the County at lease forty
eight (48) hours in advance for County personnel to temporarily relocate said signs. The County
Engineer or designee will re-set all traffic and street name signs to permanent locations when notified
by the Engineer that construction is complete unless otherwise stated in the specifications. Payment
for this item shall be made at the agreed upon contract allowance price for Traffic Control.
When determined necessary by the Contractor, an off-duty Pinal County Sherriff Officer shall be used
for traffic control. Contact shall be made through the Pinal County Sherriff’s Officer Representative,
Malita Arellano, 520-866-5109. Deputy time, including vehicle and equipment shall be measured by
Terms & Conditions
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 24 of 37
the hour for each hour required to perform traffic control duties. Any time over three (3) hours shall be
measured by the hour.
The assembly and turnarounds of the Contractor’s equipment shall be accomplished using adjacent
local streets when possible.
Equipment used and/or directed by the Contractor shall travel with traffic at all times. Supply trucks
shall travel with traffic except when being spotted. Provide a flagman or officer to assist with this
operation.
During construction it may be necessary to alter traffic control. Alterations shall be in accordance with
the Traffic Barricade Manual.
No street within the project may be closed to through traffic or to local emergency traffic without prior
written approval of the County Engineer. Written approval may be given if sufficient time exists to allow
for notification of the public at least two (2) days in advance of such closing. Partial closure of streets
within the project shall be done in strict conformity with written directions to be obtained from the County
Engineer.
Caution should be used when excavating near intersections with traffic signal underground cable. Notify
the County Engineer twenty four (24) hours in advance of any work at such intersections. The
Contractor shall install and maintain temporary overhead traffic signal cable as specified by the County
Engineer when underground conduit is to be severed by excavations at intersections. The Contractor
shall provide an off-duty uniformed Sheriffs Deputy to direct traffic while the traffic signal is turned off
and the wiring is transferred. All damaged or modified traffic signal overhead and underground items
shall be repaired and restored to the County Engineers satisfaction. Magnetic detector loops shall
under no circumstances be spliced.
The Contractor shall address how local access to adjacent properties will be handled in accordance
with the specifications herein.
Where crossings of existing pavement occur, no open trenches shall be permitted overnight, but plating
may be permitted if conditions allow as determined by the County Engineer or his designee. If plates
cannot be used, crossings shall be back-filled or the Contractor shall provide a detour.
14.2.7 Operations & Storage. Contractor shall confine all operations (including storage of materials) to areas
authorized by the County.
14.2.8 Cleaning Up & Refuse Disposal. Contractor shall at all times keep the site, including storage areas,
free from accumulations of waste materials. Before completing the Work, Contractor shall remove from
the premises any rubbish, tools, scaffolding, equipment and materials that are not the property of the
County. Upon completing the Work, Contractor shall leave the site in a clean and orderly condition
satisfactory to the County.
Final cleanup of the premises shall be included in the period of performance of the Job Order.
Contractor shall be responsible for all construction refuse disposal containers and their removal from
the site.
Disposal of any hazardous materials not addressed and priced in the Job Order will be segregated for
disposal by the County unless the County requires the Contractor to dispose of the materials, in which
case, an equitable adjustment in the price will be negotiated and agreed.
14.2.9 Existing Improvements and Utilities. Contractor shall protect from damage all existing improvements
and utilities to or near the site and on adjacent property of third parties, the locations of which are made
known to or should be known by the Contractor. Contractor shall repair any damage to those facilities,
including those that are the property of third parties, resulting from failure to comply with the
requirements of the Job Order or failure to exercise reasonable care in performing the Work. If
Terms & Conditions
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 25 of 37
Contractor fails or refuses to repair the damage promptly, the County may have necessary repair work
performed and charge the cost to the Contractor.
14.2.10 Safety. Contractor shall be responsible for compliance with all safety rules and regulations of the
Federal Occupational Safety and Health Act 1970 (OSHA), all applicable state and local laws,
ordinances, and regulations during the performance of the Work. Contractor shall indemnify the County
for fines, penalties, and corrective measures that result from the acts of commission or omission of
Contractor, its subcontractors, if any, agents, employees and assigns and its failure to comply with such
safety rules and regulations.
The County reserves the right to approve and monitor the Contractor’s safety policies and program
procedures as applied during performance of the Work. Failure to comply with safety policies and
program procedures, once approved by Owner, shall be cause for the termination of the Job Order.
14.3 Owner Rights and Obligations.
14.3.1 Suspension of Work. Owner may order Contractor, in writing, to suspend, delay, or interrupt all or any
part of the Work for a period of time that the County determines reasonably appropriate.
If the performance of all or any part of the Work is suspended, delayed, or interrupted by an act of the
County in the administration of a Job Order or by the County’s failure to act within the time specified in
the Job Order, an adjustment shall be made for any increase in the cost of performance of the Job
Order necessarily caused by the suspension, delay or interruption, and the Job Order will be modified
in writing accordingly.
A claim under this subparagraph 13.3.1 shall not be allowed for any costs incurred more than thirty (30)
calendar days before Contractor shall have notified the County in writing of the act or failure to act (but
this requirement shall not apply as to a claim resulting from a suspension order), and unless the claim,
in an amount stated, is asserted in writing as soon as practicable after the termination of such
suspension, delay or interruption, but not later than the date of final payment under the Job Order.
14.3.2 County’s Right to Possession. The County shall have the right to take possession of or use any
complete or partially completed part of the Work. Before taking possession of or using any Work, the
County shall furnish the Contractor a list of items of work remaining to be performed or corrected on
those portions of the Work that the County intends to take possession of or use. However, failure of
the County to list any item of Work shall not relive the Contractor of responsibility for complying with the
terms of this Contract. County possession or use shall not be deemed an acceptance of any Work
under this contract.
While the County has such possession or use, Contractor shall be relieved of the responsibility for th e
loss of or damage of the Work resulting from the County’s possession or use. Notwithstanding the
terms of subparagraph 14.2.1. If prior possession or use by the County delays the progress of the Work
or causes additional expense to the Contractor, an equitable adjustment shall be made in the Job Order
price or the period of performance, and the Job Order shall be modified in writing accordingly.
14.3.3 Other Contracts. The County may undertake or award other Contracts for additional work at or near
the site of Work under this contract. Contractor shall fully cooperate with the other Contractors and with
the County’s employees and shall carefully adapt scheduling and performing the Work under this
contract to accommodate the additional work, heeding any direction that may be provided by the
County. Contractor shall not commit or permit any act that will interfere with the performance of its Work
by any other contractor or by County employees.
14.3.4 Job Order Amendment. Job Orders may be amended by the County in the same manner as they are
issued.
14.3.5 Job Order Value. The maximum Job Order value is One Million Dollars ($1,000,000), except as
provided by §17.1.
Terms & Conditions
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 26 of 37
15. Job Order Documents:
15.1 Specifications and Drawings. Anything mentioned in the specifications and not shown in the drawings or shown
on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In
case of differences between drawings and specifications, the drawings shall govern. In case of discrepancy either
in the figures, in the drawings, or in the specifications, the matter shall be promptly submitted to the County, who
shall promptly make a determination in writing. Any adjustment by Contractor without such a determination shall
be at its own risk and expense. The County shall furnish from time to time such detail drawings and other
information as considered necessary, unless otherwise provided.
15.2 Show Drawings. Shop drawings include sketches, diagrams, layouts, schematics, descriptive literature,
illustrations, schedules, performance and test data, and similar materials furnished by Contractor to explain in detail
specific portions of the Work. The County may duplicate, use, and disclose in any manner and for any purpose
shop drawings delivered under the Contract. Show drawings means drawings submitted to the County by the
Contractor showing in detail:
15.2.1 The proposed fabrication and assembly of structural elements;
15.2.2 The installation (i.e. form, fit and attachment details) of materials or equipment, and
15.2.3 The construction and detailing of elements of the Work.
15.3 Shop Drawing Coordination. Contractor shall coordinate all shop drawings, and review them for accuracy,
completeness and compliance with Contract requirements and shall indicate its approval thereon as evidence of
such coordination and review. Shop drawings submitted to the County without evidence of Contractor’s approval
may be returned for resubmission. The County will indicate its approval or disapproval of the shop drawings and
if not approved as submitted shall indicate County’s reason therefore. Any work done before such approval shall
be at the Contractor’s risk. Approval by the County shall not relieve Contractor from responsibility for any errors or
omissions in such drawings, nor from responsibility for complying with the requirements of the Contract, except
with respect to variations described and approved in accordance with §14.3 below.
15.4 Shop Drawing Modification. If shop drawings show variations from the Job Order requirements, Contractor shall
describe such variations in writing, separate from the drawings, at the time of submission. If Owner approves any
such variation, Owner shall issue an appropriate Contract modification, except that, if the variation is minor and
does not involve a change in price or in time of performance, a modification need not be issued.
15.5 Shop Drawing Omissions. Omissions from the drawings or specifications or the mis-description of details of work
which are manifestly necessary to carry out the intent of the drawings and specifications, or which are customarily
performed, shall not relieve Contractor from performing such omitted or mis-described details of the Work but they
shall be performed as if fully and correctly set forth and described in the drawings and specifications.
15.6 Owner Furnished Drawings. Contractor shall check all County furnished drawings immediately upon receipt and
shall promptly no tify the County of any discrepancies. Any errors or omissions in the County furnished drawings
are the responsibility of the County to rectify, including associated costs. Figure marked on drawings shall be
followed in preference to scale measurements. Large scale drawings shall govern small scale drawings. Contractor
shall compare all drawings and verify the figures before laying out the Work and will be responsible for any errors
which might have been avoided thereby.
15.7 Show Drawing Submittal. Contractor shall submit to the County for approval an appropriate number of copies of
all shop drawings as called for under the various headings of these specifications. Sets of all shop drawings will
be retained by the County and one set will be returned to the Contractor with annotation of approval or rejection
within one (1) week after submission, unless a longer review period is necessary by mutual agreement between
the County and the Contractor.
15.8 Use of Job Order Documents. All drawings (to include as -built drawings), sketches, designs, design data,
specifications, note books, technical and scientific data provided to Contractor or developed by Contractor pursuant
to the Contract and all photographs, negatives, reports, findings, recommendations, data and memoranda of every
description relating thereto, as well as all copies of the foregoing relating to the Work or any part here of, shall be
Terms & Conditions
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 27 of 37
the property of the County and may be used by the County without any claim by the Contractor for additional
compensation, unless such material developed by Contractor does not result in an issued Job Order. In such
cases, Contractor will receive reasonable reimbursement for the development of such materials before the County
uses them in any manner whatsoever. In addition, the County agrees to hold the Contractor harmless to the extent
permitted by law from any legal liability arising out of the County’s use of such material.
16. Contract Changes:
16.1 County Changes. The County may, at any time, without notice to the sureties, if any, by written order designated
or indicated to be a change order, make changes in the Work within the general scope of the Job Orders, including
changes:
16.1.1 In the specifications (including drawings and designs);
16.1.2 In County furnished facilities, equipment, materials, services, or site; or
16.1.3 Directing acceleration in the performance of the Work, or otherwise altering the schedule for
performance of the Work.
16.2 County Change Orders. Any other written order (which, as used in this paragraph, includes direction, instruction,
interpretation, or determination) from the County that causes a change shall be treated as a change order under
this section; provided, that the Contractor gives the County timely written notice stating the date, circumstances
and source of the order that Contractor regards the order as a change order.
16.3 Contract Adjustments. Except as provided in this section, no order, statement or conduct of t he County shall be
treated as a change under this section or entitle Contractor to an equitable adjustment hereunder.
16.4 Modification of the Job Order. If any change under this section causes an increase or decrease in Contractor’s
cost of, or the time required for, the performance of any part of the Work under a Job Order, whether or not changed
by any such order, the County shall negotiate an equitable adjustment and modify the Job Order in writing.
16.5 Contractor Proposals. Contractor must submit any proposal under this section within thirty (30) calendar days after:
16.5.1 Receipt of a written change order under section 16.1 above; or
16.5.2 The furnishing of a written notice under section 16.2 above by submitting to the County a written
statement describing the general nature and amount of the proposal, unless this period is extended by
the County. The statement of proposal for adjustment may be included in the notice under section 16.2
above.
16.6 Final Payment Limitation. No proposal by the Contractor for an equitable adjustment shall be allowed if asserted
after final payment under the Job Order.
16.7 Contractor Extension Justification. The Contractor shall furnish to the County a written proposal for any proposed
extension in the period of performance. The proposal shall contain a price breakdown and period of performance
extension justification.
16.8 Contractor Price Breakdown Structure. Contractor, in connection with any proposal it makes for a Job Order
change, shall furnish a price breakdown itemized as required by the County and the pricing matrix as required in
the awarded contract.
17. ARS Title 34 Provisions:
17.1 The maximum dollar amount of an individual job order shall be One Million Dollars ($1,000,000) or such higher or
lower amount prescribed by the County in an action notice pursuant to ARS Title 38, Chapter 3, Article 3.1 or a rule
adopted by the County as the maximum amount of an individual job order. Requirements shall not be artificially
divided or fragmented in order to constitute a job order that satisfies this requirement.
17.2 If the Contractor subcontracts or intends to subcontract part or all of the work under a job order and if this contract
includes descriptions of standard individual tasks, standard unit prices for standard individual tasks and pricing of
job orders based on the number of units of standard individual task in the job order, then:
Terms & Conditions
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 28 of 37
17.2.1 The Contractor has a duty to deliver promptly to each subcontractor invited to bid a coefficient to the
Contractor to do all or part of the work under one or more job orders:
17.2.1.1 A copy of the description of all standard individual tasks on which the subcontractor is invited
to bid.
17.2.1.2 A copy of the standard unit prices for the individual tasks on which the subcontractor is invited
to bid.
17.2.2 If not previously delivered to the subcontractor, the Contractor has a duty to delivery promptly the
following to each subcontractor invited to or that has agreed to do any of the work included in any job
order:
17.2.2.1 A copy of the description of each standard individual task that is included in the job order and
that the subcontractor is invited to perform.
17.2.2.2 The number of units of each standard individual task that is included in the job order and that
the subcontractor is invited to perform.
17.2.2.3 The standard unit price for each standard individual task that is included in the job order and
that the subcontractor is invited to perform.
17.2.3 The County will include the full street or physical address of each separate location at which the
construction will be performed for each individual Job Order. The Contractor (and on behalf of each
subcontractor at any level) hereby agrees to include in each of its subcontracts the same address
information. The Contractor and each subcontractor at any level shall include in each subcontract the
full street or physical address of each separate location at which construction work will be performed.
18. Contract Administration and Operation
To the extent applicable Contractor shall comply with the following provisions.
18.1 Notice to Proceed/Ordering Authority. The Contractor agrees to render goods or services promptly and diligently
upon receipt of a written purchase order or notice to proceed. Prior to receiving this notice, Contractors shall not
commence any billable activities in the performance of the Contract. Any attempt to represent any product not
specifically awarded under this Contract is a violation of the contract. Any such action is subject to the legal and
contractual remedies available to the County, inclusive of, but not limited to, contract termination, suspension and/or
debarment of the Contractor. A signed Contract and valid purchase order must be in place prior to the start of any
work each year, including renewal periods.
18.2 Records. Under A.R.S. § 35-214 and § 35-215, the Contractor shall retain and shall contractually require each
subcontractor to retain all data and other “records” relating to the acquisition and performance of the Contract for
a period of five years after the completion of the Contract. All records shall be subject to inspection and audit by
the County at reasonable times. Upon request, the Contractor shall produce a legible copy of any or all such
records.
18.3 Contractor Business Facilities and Business Practices. The Contractor’s personnel, facilities and equipment shall
be in full compliance with all applicable federal, state and local health, environmental and safety laws, regulations,
standards, ordinances, privilege license and permit requirements, whether or not they have been referenced by the
County.
Employee compensation shall meet all applicable requirements of the Fair Labor Standards Act and Federal and
Arizona minimum wage laws, in addition to all applicable OSHA regulations. The Contractor bears full responsibility
for employee training, safety, and providing necessary equipment to achieve compliance with all such laws and
regulations prior to the contract commencement date and to maintain compliance throughout the duration of the
contract.
Terms & Conditions
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 29 of 37
18.4 Affirmative Action. Contractor agrees to abide by the provisions of the County Affirmative Action Program.
Contractor, their subcontractor(s) and supplier(s) agree to adhere to a policy of equal employment opportunity
and demonstrate an affirmative effort to recruit, hire, promote and upgrade the position of employees
regardless of race, color, religion, ancestry, sex, age, disability, national origin, sexual orientation, gender
identity, familial status, or marital status and who agree and are responsive to the County's goals. Upon
request, the Responder/Contractor agrees to submit the following reports to the County's Office of Equal
Opportunity Programs:
Part A Employment Information Report
Part B. Equal Employment Opportunity/Affirmative Action Policy Plan;
Part C. Employer Equal Employment Opportunity (EEO) Workforce Profile.
All such reports on file with the Equal Employment Opportunity Office will be updated at least annually. The
Equal Employment Opportunity Office may for good cause recommend to the County's Chief Financial Officer
that failure to comply with the requirements of this subsection be waived and that the submittal be accepted
contingent upon receipt of the required reports before a notice to proceed is issued.
18.5 Drug Free Workplace Program. Contractors are hereby advised that Pinal County has adopted a policy
establishing a drug free workplace for itself and as a requirement for Contractors doing business with the County,
to ensure the safety and health of employees working on its contracts/projects. The Contractor shall require a
drug free workplace for all employees working under the contract. Specifically, all Contractor employees who
are working under this contract shall be notified in writing by the Contractor that they are prohibited from the
manufacture, distribution, dispensation, possession or unlawful use of a controlled substance in the workplace.
The Contractor agrees to prohibit the use of intoxicating substances by all employees and shall ensure that
employees do not use or possess illegal drugs while in the course of performing their duties. Failure to require
a drug free workplace in accordance with the Policy may result in termination of the contract and possible
debarment from bidding on future contracts/projects.
18.6 Audit. Pursuant to ARS § 35-214, at any time during the term of this Contract and six (6) years thereafter, the
Contractor’s or any subcontractor’s books and records shall be subject to audit by the County and, where
applicable, the Federal Government, to the extent that the books and records relate to the performance of the
Contract or Subcontract.
18.7 Facilities Inspection and Materials/Service Testing. The Contractor agrees to permit access to its facilities,
subcontractor facilities and the Contractor’s processes or services, at reasonable times for inspection of the
facilities or materials covered under this Contract. The County shall also have the right to test, at its own cost,
the materials to be supplied under this Contract. Neither inspection of the Contractor’s facilities nor materials
testing shall constitute final acceptance of the materials or services. If the County determines non-compliance
of the materials, the Contractor shall be responsible for the payment of all costs incurred by the County for testing
and inspection. All material or service is subject to final inspection and acceptance by the County. Material or
service failing to conform to the specifications of this contract shall be held at Contractor’s risk and may be returned.
If defective goods are returned or services must be re-performed, all costs are the responsibility of the Contractor.
18.8 Notices. Notices to the Contractor required by this Contract shall be made by the County to the person indicated
on the Offer and Acceptance form submitted by the Contractor unless otherwise stated in the Contract. Notices
to the County required by the Contract shall be made by the Contractor to the Solicitation Contact Person
indicated on the Solicitation cover sheet, unless otherwise stated in the Contract. An authorized Procurement
Officer and an authorized Contractor representative may change their respective person to whom notice shall be
given by written notice to the other and an amendment to the Contract shall not be necessary.
18.9 Advertising, Publishing and Promotion of Contract. The Contractor shall not use, advertise or promote
information for commercial benefit concerning this Contract without the prior written approval of the Procurement
Officer.
18.10 Property of the County. Any materials, including reports, computer programs and other deliverables, created
under this Contract are the sole property of the County. The Contractor is not entitled to a patent or copyright
on those materials and may not transfer the patent or copyright to anyone else. The Contractor shall not use or
release these materials without the prior written consent of the County.
Terms & Conditions
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 30 of 37
18.11 Offshore Performance of Work Prohibited . Due to security and identity protection concerns, direct services under
this contract shall be performed within the borders of the United States. Any services that are described in the
specifications or scope of work that directly serve the Pinal County or its clients and may involve access to secure
or sensitive data or personal client data or development or modification of software for the State shall be
performed within the borders of the United States. Unless specifically stated otherwise in the specifications, this
definition does not apply to indirect or 'overhead' services, redundant back-up services or services that are
incidental to the performance of the contract. This provision applies to work performed by subcontractors at all
tiers.
18.12 Ownership of Intellectual Property . Any and all intellectual property, including but not limited to copyright,
invention, trademark, tradename, service mark, and/or trade secrets created or conceived pursuant to or as a
result of this contract and any related subcontract (“Intellectual Property”), shall be work made for hire and the
County shall be considered the creator of such Intellectual Property. The Pinal County department requesting
the issuance of this contract shall own (for and on behalf of the County) the entire right, title and interest to the
Intellectual Property throughout the world. Contractor shall notify the County, within thirty (30) days, of the
creation of any Intellectual Property by it or its subcontractor(s). Contractor, on behalf of itself and any
subcontractor (s), agrees to execute any and all document(s) necessary to assure ownership of the Intellectual
Property vests in the County and shall take no affirmative actions that might have the effect of vesting all or part
of the Intellectual Property in any entity other than the County. The Intellectual Property shall not be disclosed
by contractor or its subcontractor(s) to any entity not the County without the express written authorization of the
Pinal County department requesting the issuance of this contract.
18.13 Confidentiality of Records. The Contractor shall maintain the confidentiality and privilege of any documents that
the Contractor has access to which have been designated by the County as confidential or privileged. The
Contractor shall establish and maintain procedures and controls that are acceptable to the County for the purpose
of assuring that no information contained in its records obtained from the County or from others in carrying out
its functions under the contract shall be used by or disclosed by it, its agents, officers, or employees, except as
required to efficiently perform duties under the contract. Persons requesting such information should be referred
to the County. Contractor also agrees that any information pertaining to individual persons shall not be divulged
other than to employees or officers of Contractor as needed for the performance of duties under the contract,
unless otherwise agreed to in writing by the County.
18.14 Federal Immigration and Nationality Act. The contractor shall comply with all federal, state and local immigration
laws and regulations relating to the immigration status of their employees during the term of the contract. Further,
the contractor shall flow down this requirement to all subcontractors utilized during the term of the contract. The
County shall retain the right to perform random audits of contractor and subcontractor records or to inspect
papers of any employee thereof to ensure compliance. Should the County determin e that the contractor and/or
any subcontractors be found noncompliant, the County may pursue all remedies allowed by law, including, but
not limited to; suspension of work, termination of the contract for default and suspension and/or debarment of
the contractor.
18.15 E-Verify Requirements. In accordance with A.R.S. § 41-4401, Contractor warrants compliance with all Federal
immigration laws and regulations relating to employees and warrants its compliance with Section A.R.S. § 23-
214, Subsection A.
19. Price Adjustment for Bituminous Materials
19.1 Description
Price adjustment shall be calculated based on price changes of bituminous material occurring between the submittal
deadline date for the JOC technical and price proposals and the date that the material is delivered or used. Price adjustment
shall be bi-directional, potentially increasing or decreasing contract payments.
The term "bituminous material" as used herein shall include asphalt cement, liquid asphalt and emulsified asphalt and shall
apply only to specific pay items requiring these materials.
The contract unit price for each item of bituminous material shall include all costs for furnishing, hauling, handling,
spreading, and mixing of the material required, including the "initial cost" of bituminous material and all applicable taxes,
bonds, and insurance premiums; but excluding any difference in the cost of bituminous material that occurs between the
Terms & Conditions
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 31 of 37
submittal deadline date for the JOC price proposal and the date that the material is delivered or used and the cost of taxes,
bonds and insurance directly attributed to the price adjustment amount for bituminous materials.
19.2 Measurement Emulsified Asphalt
The tons of emulsified products to which the adjustment will be applicable will be the tons of the bituminous material within
the emulsion. The Contractor shall weigh or measure the truck or trailer tank prior to and after placing the emulsion and will
be paid based upon the difference in the weight.
19.3 Payment
The "initial cost" of asphalt cement, liquid asphalt and emulsified asphalt will be the quarterly cost determined by the Arizona
Department of Transportation (ADOT) based on selling prices of asphalt and all materials published by the ADOT.
The bituminous material "initial cost" price is issued each month in memorandum form by ADOT's Contract and
Specifications Section of the Intermodal Transportation Division under "Price Adjustment for Bituminous Material" title. The
price is the arithmetic average of the high and low selling prices for asphalt cement shown for the previous quarter in the
ADOT escalator.
This price will be deemed to be the "initial cost" for bituminous material of all types, grades, etc., on projects on which bids
are opened during the following month. This price may be obtained from the ADOT website:
http://www.azdot.gov/business/ContractsandSpecifications/PriceAdjustmentforBituminousMaterialandDieselFuel
For each item of bituminous material for which there is a specific pay item, an adjustment in compensation will be made for
either an increase or decrease in the price of asphalt cement as shown in the ADOT memorandum, current for the date of
use of the material, as compared to the "initial cost".
Adjustments in compensation for emulsified asphalt will be made for the bituminous material prior to dilution.
The tons of bituminous materials which are paid for on an invoice basis to which the adjustment will be applicable are the
tons which have been delivered to the project and subsequently incorporated into the work. The adjustment will be
applicable on the date of use of the bituminous material.
Price Adjustment for Bituminous Materials shall include an adjustment for the actual change in cost of premiums on required
payment and performance bonds, the actual change in cost of premiums for property damage and/or public liability
insurance, and the change in sales tax (identified in Section 109.2.3) liability incurred as a result of the price adjustment for
bituminous materials. The Contractor shall provide documentation to determine the adjustment for the actual change in cost
of premiums on required payment and performance bonds, property damage and/or public liability insurance, and sales tax.
No additional compensation will be made for any additional or increased charges, costs, expenses, etc., which the
Contractor may have incurred since the time of the Price proposal submittal which may be the result of any increase in the
"initial cost" of bituminous material.
The Price Adjustment for Bituminous Materials will be made in the next regular payment following actual use or
application of the bituminous material and may cause an increase or decrease in payments. Quarterly billing shall be
identified as:
Quarter 1; July - September, released end of June
Quarter 2; October -December, released end of September
Quarter 3; January - March, released end of December
Quarter 4; April - June, released end of March
Addendum
Acknowledgement Form
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 32 of 37
ADDENDUM ACKNOWLEDGEMENT FORM
Solicitation Addendums are posted on the Pinal County website at the following address:
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx . It is the responsibility of the Responder to periodically check this
website for any Solicitation Addendum.
This page is used to acknowledge any and all addendums that might be issued. Any addendum issued within five days of the
solicitation due date, will include a new due date to allow for addressing the addendum issues. Your signature indicates that you took
the information provided in the addendums into consideration when providing your complete response.
Please sign and date:
ADDENDUM NO. 1 Acknowledgement
Signature Date
ADDENDUM NO. 2 Acknowledgement
Signature Date
ADDENDUM NO. 3 Acknowledgement
Signature Date
If no addendums were issued, indicate below, sign the form and return with your response.
Firm
W-9 Form
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 33 of 37
W-9 FORM
Download W -9 Form from http://www.irs.gov/pub/irs-pdf/fw9.pdf
Responder’s Checklist
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 34 of 37
RESPONDERS CHECKLIST
Yes/No
Did you include your signed Offer sheet?
See Page 34 & 35 of this solicitation.
Did you acknowledge all addendums, if any?
See page 31. Any addendums would be uploaded in Bonfire.
Did you complete and include all required Response Forms?
Any Response forms would be available in Bonfire.
Did you include your W-9 Form?
See page 32 of this solicitation.
Did you include any necessary attachments?
Did you follow the order for submissions of documents?
See Section 2.4 – Offer format in the Special Instructions of this solicitation.
Did you include proof of insurance(s) if requested?
Offer and Acceptance
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 35 of 37
OFFER AND ACCEPTANCE FORM
TO PINAL COUNTY:
The undersigned hereby offers and agrees to furnish the material, service, or construction in compliance with all terms,
conditions, specifications, and amendments in the Solicitation.
Authorized Signature Title
________________________________________________________________________
Printed Name Date
________________________________________________________________________
Company Name Telephone
Address City, State, Zip
For clarification of this offer, contact:
Name:_______________________________________ Phone:_____________________ Fax:___________________
Email: _______________________________________________________
ACCEPTANCE OF OFFER
(For Pinal County Use Only)
The offer is hereby accepted and the Responder is now bound to sell or provide the materials, services, or construction
as indicated by the Purchase Order or Notice of Award and based upon the solicitation, including all terms, conditions,
specifications, amendments, etc. and the Offer as accepted by Pinal County.
The contract is for: JOC Asphalt Maintenance & Repair Services
This contract shall henceforth be referenced to as Contract No. 175923. The Offeror is cautioned not to commence
any billable work or to provide any material or service under this contract until Offeror receives an executed purchase
order or notice to proceed.
Awarded this
day of
2018.
Name (Print) Title Signature
Approved as to form:
Pinal County Attorney’s Office
Offer and Acceptance
Pinal County
Finance Department
31 N. Pinal St.
Bldg. A
P.O. Box 1348
Florence, AZ 85132
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 36 of 37
OFFER AND ACCEPTANCE FORM – Page 2
By signing the previous page of the Offer and Acceptance Form, Responder certifies:
A. The submission of the bid did not involve collusion or other anti-competitive practices.
B. The Responder shall not discriminate against any employee or applicant for employment in violation of Federal
Executive Order 11246.
C. The Responder has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity,
future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the
Submittal.
D. The Responder certifies that it complies with Executive Order 12549 related to Federal Government Debarment and
Suspension (see 4-7)
E. The Responder certifies that the individual signing the bid is an authorized agent for the Responder and has the
authority to bind them to the contract.
_____________________________________________
Company Name
_____________________________________________
Authorized Signature
End of Solicitation
Solicitation No: 173923 Available online at
http://pinalcountyaz.gov/Purchasing/Pages/CurrentSolicitations.aspx Page 37 of 37
PINAL COUNTY
Pinal County Finance Department
31 N. Pinal Street, PO Box 1348
Florence, AZ 85132
520-866-6526
Contract Amendment
Contract 175923ROQ
Amendment # 3
Procurement Officer: Lorina Gillette
Lorina.Gillette@pinal.gov
JOC Asphalt Maintenance & Repair Services
Contactor Name: Cactus Asphalt
Pursuant to Section 4 (Contract Term, Extension, Price Adjustment) the above referenced contract shall be amended as
follows:
1.The term of this contract is hereby extended through June 26, 2022.
2.All other Terms, Conditions, and Pricing remain the same.
Pinal County hereby executes its right to unilaterally amend the above referenced contract on this date.
X 06/09/2021
Date
Pinal County Board of Supervisors
IFB 175923 – Asphalt Maintenance & Repair Services
Page 1 of 18
RESPONDER PROFILE
Cactus Transport, Inc.
DBA Cactus Asphalt
8211 West Sherman Street
Tolleson, AZ 85353
Representative: Jeff Smith, Project Manager
(602) 618-7405
jsmith@cactusasphalt.com
QUESTION SET – Method of Approach
2.0.1
QUESTION: Describe your experience in the advantages and disadvantages of the JOC
alternative delivery method compared to traditional design-bid-build.
RESPONSE:
Holding multiple Job Order Contracts (JOCs) over the past 14 years has given Cactus Asphalt
(Cactus) insight into the world of alternative delivery methods commonly used with JOCs. Overall
the experience has been positive for us which is why we’ve had nine JOCs renewed over the past
three years with multiple agencies.
We believe advantages for the JOC delivery method include the following:
Flexibility – Both for the contractor and agency, a JOC gives flexibility for procuring and scheduling
work as the two come together early in the stage to determine the proper time and season to perform
work.
Partnership – The agency and contractor act as partners throughout design, procurement and
construction working towards the same ultimate goal of a quality end product.
Quality – With the JOC delivery method the contractor and owner can focus on quality products,
companies and practices. Cactus has developed a quality control program that includes oversight
by our in-house QC manager which allows us to be on the forefront of new and developing
technologies and products in construction. We also focus on procuring and keeping quality
subcontractors that align with our vision of the project.
Open Communication – Early on in the process Cactus will set up a meeting with the agency and all
key employees to launch the kick off for the JOC. This happens before work is scheduled or procured
so all parties can get to know each other.
Scheduling – As Cactus partners with multiple agencies, we have become accustomed to pre-
scheduling anticipated work needed in the future seasons when capacity is decreased (this is
especially true for paving and chip sealing). We regularly block out dates early in the year in
anticipation of JOC projects that can be determined at a later date.
IFB 175923 – Asphalt Maintenance & Repair Services
Page 2 of 18
End of the Year Funding – Some JOC projects are assigned towards the end of the fiscal year with
a hard date to complete so that funds can be expended. This is not typically the case with design-
bid-build projects as they are usually funded pre-bid and have an end date that does not constrain
to the end of the fiscal year. Though this might sound negative, Cactus has turned this into a positive
throughout our years successfully completing JOC projects. With our multiple crews, Cactus can
schedule a job properly and complete it within of the fiscal year timeframe. We are also able to price
our projects quickly so that the owner can map out their spending throughout the year.
With our JOC experience over multiple years, we believe that there is no disadvantage with the JOC
alternative delivery method compared to traditional design-bid-build. With a JOC, the contractor and
owner come together as a team focused on the best interest of the end users of the product and
most often the public. This team can work together for many years developing a professional
relationship with trust and respect that no design-bid-build project can; whereas the hard-bid market
(design-bid-build) creates an adversarial relationship at the start. The contractor has to bid as low
as possible to get the job and will fight over every change to get the most they can through change
orders if necessary. All this is avoidable with JOC and alternative delivery methods.
2.0.2
QUESTION: Describe successful processes your company has developed for prior work that
specifically parallels the JOC process. Provide specific details and methodology to
demonstrate why each process was successful including advantages over commonly utilized
processes. Include a description of the software system(s) successfully used by your
company for project estimating, planning, scheduling and managing construction and the
unique processes you’ve developed for its use in JOC (or comparable) contracts.
RESPONSE:
Processes that have been developed for JOC and other work include a single point of contact,
team involvement from pre-construction to punch-list, a timeline for procurement, and cross-
training employees.
Single Point of Contact – Cactus will assign a person as the single-point-of-contact for this JOC.
Their involvement is from start to finish on all Job Order Assignments (JOAs). They will be with the
agency for pre-design and design services, they will assist the Senior Estimator in putting together
all pricing. They will help coordinate the pre-construction and assist in scheduling the work. When
work is being performed they will be involved in the day to day operations. And finally, they will be
there for the punch list walk through and sign off with the agency. We have seen this process
improve our communication and production with JOCs as the Single-Point-of-Contact helps guide
the JOC from start to finish.
Team Involvement – Cactus will not only have the Single-Point-of-Contact involved, but during pre-
construction and cost assembly, the Senior Estimator will provide estimates and assist with
acquiring subcontractors (if needed). Once the pre-construction is initiated the Division Manager
and Project Superintendent will be there to help with construction start-up and close-out. During
no point in a project’s life will the agency be without the Cactus team.
Procurement Timeline – Over the past few years Cactus has developed a timeline that assists in
procuring JOC and alternative delivery work. Once the project is defined and site visits are
performed, our team goes into action. Depending on the size and scope of the project, we can
provide a price proposal in as little as 72 hours or up to 1 week. This enables the agency to have
the information in front of them quicker so they can make an informed decision on how the work
will commence, either to go ahead as planned or adjust scope for any reason.
IFB 175923 – Asphalt Maintenance & Repair Services
Page 3 of 18
Cross Training Employees and Crews – Cactus has established a cross-training program for our
various crews so they can perform a variety of services and applications required to keep up with
agency demands or schedule. For instance, our concrete crews can provide crack sealing, fog
sealing, seal coating, and patching services. The more skills the crews have, the more efficient the
project.
Systems used for estimating, planning, scheduling, and managing construction include the
following:
Estimating – Cactus uses various take-off software to determine areas and volumes; including
AGTEK Software for digitizing plans and calculating volumes, and Plan Swift for on-screen take-
offs f or linear footage and area measurements. Cactus uses Bid 2 Win software for generating
accurate cost estimates concerning each phase and scope of work for each JOA.
Planning & Scheduling – Cactus utilizes Microsoft Project software for generating a Gantt chart
schedule. Cactus has a full-time scheduler that controls the master schedule of our various crews.
The Single-Point-of-Contact will work with the project scheduler to make sure time is secured for
crews and supervision to perform and manage work.
Managing Construction – Timberline and Build 2 Win software are used for tracking construction
progress and JOA costs. The crew foreman will enter daily quantities and crew time at the end of
each shift. This information ties into Bid 2 Win to compare progress to the budget. Invoices can
be created off these imported quantities for easy billing of jobs that can take place weekly or
monthly.
These systems have been integrated into the Cactus culture and are used on all projects from JOC
projects to traditional design-bid-build projects. With these systems, Cactus is able to effectively
manage and control work for productivity and quality.
2.0.3
QUESTION: Discuss the key components and advantages of your company’s selection
process for subcontractors. Demonstrate your understanding of the County’s requirement
that subcontractor selection must be based on qualifications alone or a combination of
qualifications and price, not on price alone. Provide a detailed proposed Subcontractor
Selection Plan attached as an appendix.
RESPONSE:
Through JOC involvement, Cactus has learned that a quality subcontractor is invaluable to the
process and project. We have developed a subcontractor selection plan that not only takes price
into consideration but also five additional criteria as listed below:
Previous work performance - the ability to show up on time and deliver quality is valued in a
subcontractor despite the number of contracts they perform on. We value a subcontractor that treats
each project as important as the rest.
Partnering Ability – Cactus chooses subcontractors that can adapt to the “Team” model with a
cohesive vision of project goals in mind.
Cost control and pricing – The ability to stay within budget is valued as we focus on the best product
for the best value.
IFB 175923 – Asphalt Maintenance & Repair Services
Page 4 of 18
Safety program – Cactus will only choose subcontractors that have qualified safety programs in place
and implement the use of them through all phases of work.
Overall quality of their work – Cactus considers previous work history and performance as a
measuring tool for quality. Quality work is often placed above lower price, due to avoidance of
warranty and punch list items that can come up at the end of projects.
All of these traits are considered when selecting subcontractors to become part of our team on JOC
projects. Sometimes the lowest price is the best; other times quality and safety out-weigh a low
price.
2.0.4
QUESTION: Discuss the Contractor’s intention of self-performance for each Job Order
Assignment and indicate percentage of self-performance you intend to provide under this
contract. Remember that Pinal County requires a minimum of 51% of work be self-
performance.
RESPONSE:
It is the intention of Cactus to self-perform as much of the JOA work as possible acknowledging that
there are items of work that will need to be subcontracted. We will absolutely maintain a minimum of
51% per JOA as provided below. The self-performed work is based on Cactus’ capability and the
items listed in ROQ Section 2. Based on the scope of services of this JOC, Cactus anticipates
performing more than 51% of the services as shown in the Self-Performed vs Subcontracted list
below.
Self-performed:
Obtain all necessary permits, required to complete the JOA, including but not limited to; Engineering
Off-site, haul route, stockpile, SWPPP, dust control, traffic control plans, etc.
Placing asphalt pavements including full depth sections, overlays, patches and repairs.
Pavement maintenance and rehabilitation; including but not limited to; crack sealing and joint sealing,
crack routing and large crack repair, applying various types of surface treatments including fog seal,
scrub seal, slurry seal, chip seal, other asphalt rejuvenation methods, milling and/or roadway
profiling, saw cutting and removing both asphalt and concrete pavements.
Minor subgrade preparation including compacting native soil, placing and compacting ABC, millings,
soil stabilization and grading.
Minor earthwork: site rough and finishing grade.
Maintaining shoulders including grading, placement of surface treatment and sealing.
Subcontracted:
Signing and striping including, survey of existing striping and signing, providing and installing project
signs, obliteration of striping, layout and installing striping, symbols, raised pavement markers and
signage.
Combination of self-performed and subcontracted depending on crew availability and size of work:
Preparing traffic control plans, providing traffic set-up in accordance with the approved traffic control
plans and barricading work areas.
IFB 175923 – Asphalt Maintenance & Repair Services
Page 5 of 18
2.0.5
QUESTION: Discuss what efforts the Contractor would initiate to meet the project budget
and schedule during the negotiation process.
RESPONSE:
The Single-Point-of-Contact and Senior Estimator will be involved in the negotiation process. To
develop a proper budget, a complete scope of work will be agreed upon by the County and Cactus.
If the cost of work falls outside the budget, Cactus will work hand-in-hand with the County on either
reducing the scope, cutting unnecessary work out or by partnering with their subs and suppliers to
convey the needs of the County. The same efforts will be applied to the schedule. If there is not
enough time or days to complete the work as is, Cactus can look at double shifts or weekend work
to complete it within the time allotted. This can also be mitigated by early planning and blocking out
days ahead of schedule.
QUESTION SET – Qualifications and Experience of Contractor
3.0.1
QUESTION: Provide a general description of all services provided by the Contractor or team
that is proposing to provide JOC services. Indicate all services provided by each team
member. Include information for any specific subcontractor to be utilized for all work of a
certain type.
RESPONSE:
Cactus has been providing 85% of the services requested by the County for over eight years. The
Cactus Team will provide the following services: Obtaining all necessary permits; Placing asphalt
pavements including full depth sections, overlays, patches and repairs; Pavement maintenance and
rehabilitation; minor subgrade preparation; rough and finishing grade.
Cactus team members assigned to the County’s JOC and services provided include:
Jeff Smith, Project Manager and single-point-of-contact, will be responsible for project oversight,
including obtaining all necessary permits and preparing traffic control plans, providing traffic set-up
in accordance with the approved traffic control plans and barricading work areas.
Jeff Abram, Senior Estimator is responsible for estimating and pre-construction services.
Scott McMorine, Chip Seal and Fog Seal Division Manager is responsible for planning, scheduling,
mobilization of the equipment and crews, and project management including quality control, timeline
management, safety compliance, purchase orders for material and subcontractors for JOAs that
include chip seal and fog seal applications.
Kyle Gooding, Crack Seal and Seal Coat Division Manager is responsible for project planning
including scheduling, mobilization of the equipment and crews, and project management including
quality control, timeline management, safety compliance, purchase orders for material and
subcontractors for JOAs that include crack seal and seal coat applications.
Oscar Gonzales, Field Operations Manager is responsible for planning, scheduling, project
management and safety for these asphalt paving services including: placing asphalt pavements
IFB 175923 – Asphalt Maintenance & Repair Services
Page 6 of 18
including full depth sections, overlays, patches and repairs; pavement maintenance and
rehabilitation; minor subgrade preparation; rough and finishing grade.
Along with our professional and qualified staff, Cactus has the ability to produce the materials called
for in this JOC. Cactus continues to diversify and we have come to specialize in the application of
Polymer Modified Asphalt Rubber, Asphalt Rubber, Rubberized Asphalt Binder and Scrub Seal.
Cactus has developed recycled tire rubber/polymer blending and application equipment with our
partners, D & H Manufacturing and Bearcat Manufacturing. All of this equipment is state-of-the-art
and is well maintained at our shop in Tolleson, Arizona. Our employees have been highly trained not
only to operate this equipment efficiently but to have a deep understanding of the component
materials and the final binder products being utilized. Cactus has also established blending and
construction procedures that have led to Value Engineering opportunities that have revolutionized
how agencies look at utilizing these highly modified and quality materials.
Cactus has developed a family of materials that have been utilized for many years in various
pavement repair, maintenance and preservation applications. These materials and systems are
recommended to be utilized based on a number of variables, particularly and most importantly
existing pavement condition.
All materials are highly modified with tire rubber and SBS polymer, and have been specifically
formulated and custom blended for specific use in all aspects of pavement rehabilitation focusing on
best practice criteria.
• Crack Seal Material
• Scrub Seal Material
• Trackless Tack
• Low Volume Fractured Aggregate Surface Treatment (SAM and SAMI)
• High Volume Fractured Aggregate Surface Treatment (SAM and SAMI)
• Modified Cape Seal
• Durable Hot Mix Overlay
Each of these uses can be applied to parking lot and street applications and each has proven to
extend the life of deteriorated pavements which result in life cycle cost benefit while recycling scrap
tires from Arizona landfills. We consider this a benefit to Pinal County as their pavement preservation
program will be on the forefront of new materials and services provided by Cactus, a leader in the
pavement preservation industry.
3.0.2
QUESTION: Describe the Contractor’s management and organizational abilities.
RESPONSE:
Cactus Asphalt is a division of Cactus Transport Inc. The company has three entities each overseen
by a managing partner. Bryan Glazer oversees the estimating and sales division. Reporting to him
is Jeff Abram (Senior Estimator) and Jeff Smith (Project Manager) as well as other individuals
involved in sales for the private and non-government agencies. Jason Hoffman oversees the
transport division. Cactus’s transportation is the largest asphalt liquid hauler in the southwest and
has two rubber blending units that can blend custom Asphalt Rubber along with Chip Seal Binder.
James Gallegos oversees the operations division of Cactus. This division is split into four sub-
categories depending on the work involved. Oscar Gonzales is the division manager of the paving,
grading and concrete division. Kyle Gooding is the division manager of the crack seal and seal coat
division. Scott McMorine is the division manager of the Chip Seal and Fog Seal Division. Dave
IFB 175923 – Asphalt Maintenance & Repair Services
Page 7 of 18
Troyanek is the division manager of the traffic control and striping division. Additionally, Sherry
Gillespie is the safety officer who makes sure Cactus is compliant and safe on all projects. She
assists all three managing partners in day-to-day safety and corporate safety issues. All divisions
and employees work hand-in-hand to ensure success in all endeavors no matter how small or large
the project is.
3.0.3
QUESTION: List the Arizona professional and contractor license(s) held by the Contractor.
Provide the license number and explain if held by an individual or the Contractor.
RESPONSE:
194430 Class A General Engineering held by Contractor
3.0.4
QUESTION: Provide project information where the Contractor provided construction services
similar to those listed in Section 2 of the Statement of Work. The County may take into
consideration the number of Job Order Contracts a company may have, the resource
investment of the contractor in current County work, and the amount of pervious work
recently performed for the County as part of the selection process.
RESPONSE:
Cactus currently provides construction services similar to those listed in Section 2 of the Statement
of work for nine JOCs, including a JOC for Pavement Preservation and Repair Services with Pinal
County. Cactus has worked with Pinal County for over eight years providing paving, chip seal, crack
seal, fog seal and scrub seal, and has dedicated resources available to meet the requirements and
expectations of this JOC, including 50+ employees representing eight crews. JOAs completed by
Cactus for Pinal County and other JOCs include:
Pinal County JOA List
Project Title - Pinal County Fall 2016 Chip Seal
Dollar Amount - $923,521.00
Project Scope - Chip Seal, Fog Seal and Striping
Project Title - Pinal County Crack Seal FY 16-17 County Wide
Dollar Amount - $359,236.00
Project Scope - Crack Seal and Crack Mastic.
Project Title - Pinal County Crack Seal FY 17-18
Dollar Amount $154,920.00
Project Scope - Crack Seal
Project Title - Pinal County Spring 2018 Chip Seal
Dollar Amount - $555,079.00
Project Scope - Chip Seal, Fog Seal and Striping
Project Title - Pinal County Fog Seal FY 17-18
Dollar Amount - $484,039.00
Project Scope - Fog Seal and Striping
Project Title - Pinal County Chip Seal; FY 17-18
Dollar Amount - $673,845.00
IFB 175923 – Asphalt Maintenance & Repair Services
Page 8 of 18
Project Scope - Chip Seal, Fog Seal and Striping
Project Title - Pinal County San Manuel Airport TRMSS
Dollar Amount - $11,698.00
Project Scope - Fog Seal and Striping
Project Title - Pinal County ARDP Chip Seal FY 15-16
Dollar Amount - $525,318.00
Project Scope - Chip Seal and Fog Seal
Project Title - Pinal County Crack Seal FY 15-16
Dollar Amount - $316,104.00
Project Scope - Crack Seal
Project Title - Pinal County Pavement Preservation FY 15-16
Dollar Amount - $1,293,020.00
Project Scope - Chip Seal, Fog Seal and Striping
Project Title - Pinal County PASS Fog Seal FY 15-16
Dollar Amount - $61,536.00
Project Scope - Fog Seal
Project Title - Pinal County Ironwood Road Pot Hole Patching and Crack Sealing - 2015
Dollar Amount - $223,781.00
Project Scope - AC Patching and Crack Sealing
Project Title - Pinal County Ironwood Fog Seal - 2015
Dollar Amount - $116,660.00
Project Scope - PASS Fog Seal
Project Title - Pinal County Spring Chip and Fog Seal FY 2014
Dollar Amount - $496,710.00
Project Scope - Chip Seal, Fog Seal and Striping
Project Title - Pinal County Fog Seal FY 15-16
Dollar Amount - $100,116.00
Project Scope - Fog Seal
Project Title - Pinal County Pavement Preservation Spring FY 15
Dollar Amount - $58,125.00
Project Scope - Scrub Seal
Project Title - Pinal County Pavement Preservation FY 14-15
Dollar Amount - $474,204.00
Project Scope - Chip Seal, Fog Seal and Striping
Project Title - Pinal County Pavement Preservation FY 13-14
Dollar Amount - $317,635.00
Project Scope - Chip Seal and Fog Seal
Project Title - Pinal County Pavement Preservation FY 12-13
Dollar Amount - $362,665.00
IFB 175923 – Asphalt Maintenance & Repair Services
Page 9 of 18
Project Scope - Chip Seal and Fog Seal
Project Title - Pinal County Pavement Preservation 2014
Dollar Amount - $605,120.00
Project Scope - Chip Seal, Fog Seal and Striping
Additional JOCs under contract with Cactus include:
MCDOT JOA List
Project Title - Maricopa County - Anthem Unit 21-B
Dollar Amount - $34,460.00
Project Scope - Mastic Crack Fill
Project Title - Maricopa County - Green "T" Intersection
Dollar Amount - $163,864.00
Project Scope - Demo, Grading, Concrete, Paving, Striping and Landscaping
Project Title - Maricopa County - 99th Avenue Channel
Dollar Amount - $525,235.00
Project Scope - Pulverization, Grading, Shot-Crete
Project Title - Maricopa County - 253rd Avenue and Rockaway Hills
Dollar Amount - $33,497.00
Project Scope - Earthwork
Project Title - Maricopa County - Litchfield Railroad Crossing
Dollar Amount - $61,870.00
Project Scope - Milling, Grading and Paving
Project Title - Maricopa County - Northwest Maintenance Yard Driveway
Dollar Amount - $130,986.00
Project Scope - Milling, Grading, Paving and Concrete
Project Title - Maricopa County - Cross River Unit 8
Dollar Amount - $245,403.00
Project Scope - Milling, Paving, Utility Adjustments and Survey Markers
Project Title - Maricopa County - 126th Drive and Cercado Lane
Dollar Amount - $30,444.00
Project Scope - Asphalt Patching and Utility Adjustments
Project Title - Maricopa County - 10th Street Reconstruction
Dollar Amount - $449,314.00
Project Scope - Earthwork, Clear & Grub, Grading, Paving, Milling, Concrete Structures, Seeding
and Waterline
Project Title - Maricopa County - Patton Road and Alma School Road Hot in Place Recycle
Dollar Amount - $1,407,171.00
Project Scope - Milling, Hot in Place Recycling, Paving, Striping, Utility Adjustments and Traffic
Loops
Project Title - Maricopa County - 165th Avenue
Dollar Amount - $136,681.00
IFB 175923 – Asphalt Maintenance & Repair Services
Page 10 of 18
Project Scope - Earthwork, Paving, Concrete, Drainage Ditch and Dust Palliative
Project Title - Maricopa County - Indian School Road & 191st Avenue
Dollar Amount - $20,120.00
Project Scope - Earthwork
Project Title - Maricopa County - Avondale Blvd. & Jackrabbit Trail Overlay
Dollar Amount - $626,196.00
Project Scope - Milling, Grading, Paving and Striping
Project Title - Maricopa County - Recker Road and San Tan Road Overlay
Dollar Amount - $781,358.00
Project Scope - Milling, Grading Paving and Striping
Project Title - Maricopa County - Peoria Avenue & 107th Avenue
Dollar Amount - $23,882.00
Project Scope - Concrete, Signage and Striping
Project Title - Maricopa County - PM-10 Rainbow Valley Improvements
Dollar Amount - $558,572.00
Project Scope - Excavation, Grading, Tree Removal, Paving Fencing, Landscaping, Signage and
Concrete
Project Title - Maricopa County - Southwest PM-10 Project
Dollar Amount - $554,395.00
Project Scope - Excavation, Grading, Tree Removal, Paving, Fencing, Landscaping, Signage and
Concrete
Project Title - Maricopa County - 51st Avenue and Estrella Shoulder Build -up
Dollar Amount - $35,100.00
Project Scope - Earthwork
Mohave County JOA List
Project Title - Mohave County PMAR FAST Spring Chip Seal 2018
Dollar Amount - $501,354.00
Project Scope - Chip Seal and Fog Seal
Project Title - Mohave County MC-250 Chip Seal 2017
Dollar Amount - $226,432.00
Project Scope - Chip Seal
Project Title - Mohave County PMAR FAST Pierce Ferry Road Chip Seal 2015
Dollar Amount - $477,620.00
Project Scope - Chip Seal
Project Title - Mohave County PMAR FAST Chip Seal Mohave Valley 2016
Dollar Amount - $551,794.00
Project Scope - Chip Seal and Fog Seal
City of Sedona JOA List
Project Title - City of Sedona Chapel Hill Crack Seal
IFB 175923 – Asphalt Maintenance & Repair Services
Page 11 of 18
Dollar Amount - $44,433.00
Project Scope - Crack Seal
Project Title - City of Sedona - Posse Grounds Park, Parking Lot
Dollar Amount - $16,807.00
Project Scope - Crack Seal, Fog Seal and Striping
Job Title - City of Sedona - Fall 2017/Spring 2018 Work
Dollar Amount - $719,785.00
Title - Milling, Paving, Patching, Grading, Fog Seal, Crack Seal, Striping and Chip Seal
Project Title - City of Sedona - Spring 2017 Work
Dollar Amount - $821,297.00
Project Scope - Milling, Grading, Paving, Patching, Fog Seal, Crack Seal, Chip Seal and Striping
Project Title - City of Sedona - Sunset Drive and Mountain Shadows Drive Paving
Dollar Amount - $523,869.00
Project Scope - Milling, Crack Sealing, SAMI, Paving, Grading, and Striping
Project Title - City of Sedona - Jordan Road Overlay
Dollar Amount - $223,762.00
Project Scope - Milling, Paving, Utility Adjustments and Striping
Project Title - City of Sedona - Jordan Road Sidewalk Construction
Dollar Amount - $134,520.00
Project Scope - Demolition, Grading, Paving, Concrete and Landscaping
Project Title - City of Sedona - Palisades Overlay
Dollar Amount - $263,256.00
Project Scope - Milling, Paving, Utility Adjustments and Striping
Project Title - City of Sedona - Fog Seal and Crack Seal Spring 2016
Dollar Amount - $56,278.00
Project Scope - Fog Seal and Crack Seal
Project Title - City of Sedona - Seal Coat Spring 2018
Dollar Amount - $103,752.00
Project Scope - Seal Coat
Project Title - City of Sedona - Chapel Hill Modified Seal Coat 2018
Dollar Amount - $211,252.00
Project Scope - Modified Seal Coat
Project Title - City of Sedona - Waste Water Treatment Plant Crack Seal
Dollar Amount - $21,337.00
Project Scope - Crack Seal
City of Phoenix JOA List
Project Title - City of Phoenix - Spring 2018 Job Order 1
Dollar Amount - $853,645.00
Project Scope - Crack Seal, Patching, Fog Seal, Chip Seal, Slurry Seal, Utility Adjustments and
Grading
IFB 175923 – Asphalt Maintenance & Repair Services
Page 12 of 18
City of Glendale JOA List
Project Title – 2017/2018 City of Glendale Crack Seal
Dollar Amount - $1,023,670.00
Project Scope – Crack Sealing, and Crack Mastic Applications (First Year of 5 year renewable
contract, just renewed for 2018/2019)
City of Goodyear JOA List
Project Title – FAST High Volume Spring 2018
Dollar Amount - $569,688.00
Project Scope – Double Layer FAST PMAR Chip Seal, Striping (First JOA of 5 year renewable
contract)
City of Casa Grande JOA List
Project Title – Main Ave Cap Seal
Dollar Amount - $125,843.00
Project Scope – FAST PMAR for the city of Casa Grande (Part of 3 year renewable contract)
Project Title – FY 2018 PMAR Chip Seal
Dollar Amount - $758,144.00
Project Scope – Neighborhood and Down Town Casa Grande PMAR Chip Seal, Striping, Traffic
Control (Part of 3 year renewable contract)
City of Chandler JOA List
Project Title – TRMSS 2016
Dollar Amount - $1,117,809.00
Project Scope – TRMSS Fog Seal various locations throughout Chandler AZ
Project Title – TRMSS 2017
Dollar Amount - $827,208.00
Project Scope – TRMSS Fog Seal various locations throughout Chandler AZ
Project Title – TRMSS 2018
Dollar Amount - $1,089,249.00
Project Scope – TRMSS Fog Seal various locations throughout Chandler AZ
City of Mesa JOA List
Project Title – Mesa Crack Seal 2016
Dollar Amount - $969,300.00
Project Scope – Crack Sealing Services throughout Mesa AZ
Project Title – Mesa Crack Seal 2017
Dollar Amount - $316,182.00
Project Scope – Crack Sealing Services throughout Mesa AZ
Project Title – Mesa FY 17/18 Fall Fog Seal
Dollar Amount - $406,933.00
Project Scope – CQS-TR fog seal throughout Mesa AZ
Project Title – Mesa Spring 2017 Fog Seal
Dollar Amount - $710,892.00
Project Scope – CQS-TR and TRMSS fog seal throughout Mesa AZ
IFB 175923 – Asphalt Maintenance & Repair Services
Page 13 of 18
In addition to the multiple projects Cactus successfully completed for Pinal County with the previous
Pavement Preservation and Repair Services JOC, we were also involved with various surrounding
agencies who took advantage of cooperative purchasing agreements for asphalt maintenance and
repairs. Projects ranged from simple asphalt patching work orders to large scale chip seal and
paving projects. The agencies and total dollar value over the last three years are listed below:
Florence - $1,065,763
Globe - $1,005,193
Coolidge - $55,817
Apache Junction - $106,213
Wickenburg - $218,569
Tolleson - $78,971
Avondale - $662,987
Glendale - $598,093
QUESTION SET – Qualifications and Experience of Key Personnel
4.0.1
QUESTION: Identify and list the qualifications and experience of the key people who will be
responsible for performing the work under the resulting contract.
RESPONSE:
Jeff Smith – Project Manager/Single-Point-of-Contact
Jeff Smith will not only be your Single-Point-of-Contact, he will also be the Project Manager for the
construction phase of the JOC. Jeff has been an industry professional for over 41 years specializing
in pavement preservation system applications and construction management. Jeff has spent much
of his career managing asphalt rubber technology transfer throughout the western United States and
has consulted worldwide.
Jeff Abram – Senior Estimator
Jeff Abram will be the Senior Estimator who will coordinate pre-construction and estimating. Jeff has
over 12 years of experience in the construction management industry. He is proficient in estimating
and project supervision as well as accounting, finance, management, logistics, production, and
manufacturing. He has been involved in projects including asphalt paving, chip sealing, crack
sealing, fog sealing, Portland Cement Concrete Pavement, paving, bridge construction, pipe and
box culvert installation, earthwork, mining, demolition, and all other aspects of the pavement
maintenance and heavy civil construction industry.
Scott McMorine – Chip Seal and Fog Seal Division Manager
Scott McMorine will be the Chip Seal and Fog Seal Division Manager for this JOC. Scott has over
10 years of experience in the paving, chip seal, crack seal and fog seal industry, specializing in JOC
work. As division manager, Scott will work with Jim Pulice and Oscar Gonzales on production,
logistics and other tasks associated with the day-to-day operations. Scott has worked with multiple
cities and counties throughout the state of Arizona on JOC and cooperative purchasing contracts as
a Project Manager and Division Manager.
Kyle Gooding – Crack Seal and Seal Coat Division Manager
Kyle Gooding will be the Crack Seal and Seal Coat Division Manager for this JOC. Kyle has over 8
years of experience in the paving industry as a laborer, crack seal and seal coat foreman, and
IFB 175923 – Asphalt Maintenance & Repair Services
Page 14 of 18
division manager. He currently supervises four crews on projects for municipalities, airports, private
corporations, state/county agencies, schools, and management companies.
Oscar Gonzales – Field Operations Manager
Oscar Gonzales is the Field Operations Manager for Cactus Asphalt. Oscar has 21 years of
experience in the construction industry working from laborer, operator, paving foreman, to division
manager and now Operations Manager. He currently oversees the production and employees of all
our crews in the field, monitoring budgets and material quantities and creating and maintaining
processes and procedures for job set-ups.
4.0.2
QUESTION: Discuss key personnel and their perspective and experience on the partnering,
quality control, project scheduling, claims, dispute resolution, changes in Scope of Work,
construction safety, value engineering, balancing workloads and ways to reduce costs to the
County.
RESPONSE:
Cactus has over 14 years of experience successfully procuring and completing various types of
JOCs.
Cactus’s key personnel team will be the following group of highly experienced people. Jeff Smith
will be Project Manager and the Single-Point-of-Contact concerning JOAs associated with this JOC.
Jeff has 41 years of experience concerning all aspects of Pavement Preservation Applications and
Services. Scott McMorine – Chip Seal and Fog Seal Division Manager (10 years of experience),
Jeff Abram - Senior Estimator (12 years of experience), Kyle Gooding - Crack Seal and Seal Coat
Division Manager (8 years of experience) and Oscar Gonzales – Field Operations Manager (21 years
of experience) will round out the Cactus personnel that will be assigned to Pinal County JOAs. As
a team, these individuals will draw from over 90 years of pavement preservation rehabilitation and
maintenance services to partner with Pinal County. The following is the perspective and experience
of our group and how we will collectively focus on:
Partnering - is the primary advantage of the JOC delivery method. The Cactus team considers
partnering a very important aspect concerning our future relationship with Pinal County. Through
our experience, partnering and value engineering will take place in every aspect of project delivery
from pre-construction through project closeout. Every item of work in a JOA should be discussed
and an approach agreed upon during pre-construction meetings. As variables arise during
construction, the partnering process is even more important as Cactus and Pinal County work to
construct projects in a timely manner and at a very high level of quality.
Quality Control - is key to state of the art construction practice, superior materials application and
project longevity. As partners, Pinal County and Cactus will confirm through pre-testing and product
certification the quality of all materials that have been specified for use on a specific JOA.
Construction practice along with sampling and testing protocol will be identified through partnering
meetings and utilized as a starting point for JOA implementation. JOA variables will be handled in
the field or escalated through proper channels established in the pre-construction meeting.
Project Scheduling - is very important regarding timely JOA completion. As with past JOCs that
Cactus has had with Pinal County, we will strive to have pre-construction meetings early in the spring
to determine the scope of the JOA(s) that have been assigned to Cactus. Projects concerning these
JOAs will be scheduled immediately to confirm dates of construction, time frame of the JOA and to
IFB 175923 – Asphalt Maintenance & Repair Services
Page 15 of 18
procure materials supply when needed. At all times, JOAs awarded to Cactus will receive high
priority concerning scheduling taking fiscal year end into consideration.
Claims - are always a concern, however Cactus will strive to avoid them. This is done through good
communication and meeting the expectations of Pinal County on every JOA. Of course variables do
occur, and depending on the scope of work could require a change in plan. As partners, Pinal County
and Cactus should be able to work out individual project variables to the satisfaction of each entity,
avoiding claims and additional cost to the County. Over the past eight years, Cactus has never had
a claim on a Pinal County JOC JOA.
Dispute Resolution - goes hand in hand with the issue of claims. It is critical in a partnering
atmosphere that each partner be willing to recognize variables either before or after construction
begins and to negotiate a "means to an end". We believe that this will help to avoid a high percentage
of potential disputes that could arise on a JOA. If a dispute were to arise, there needs to be a dispute
resolution ladder in place, which is normally formulated at the pre-construction meeting. With the
proper resolution channels in place, we can move to get issues settled quickly so as not to negatively
affect the production schedule of the project. Over the past eight years working with Pinal County
on previous JOCs, Pinal County and Cactus have been able to solve issues immediately in the field
and have avoided project down time.
Balancing Workloads - is critical to successfully complete JOA work at the appropriate time and on
budget. Cactus is a highly diversified company with multiple crews that perform various types of
work from crack sealing to hot mix overlay and concrete. Our crews are made up of highly qualified
individuals that have been cross trained to work in all aspects of our pavement preservation and
construction disciplines. Over the past eight years working with Pinal County on previous JOAs,
Cactus has been able to schedule all required work including additional work that needed to be done
quickly due to fiscal year end issues.
Ways to Reduce Cost - are always paramount in a JOC. Of course Value Engineering is the primary
way to evaluate construction procedure choice and what makes sense for Pinal County on specific
JOAs. Concerning JOAs with set specifications, streamlining procedures and timeframe of
construction will certainly reduce cost. As we look at cost savings, it is important to confirm where
these savings can be realized and that Pinal County and Cactus can work together to minimize cost
wherever possible.
4.0.3
QUESTION: Provide project information for up to 5 key personnel expected to be assigned
to this JOC where the Contractor provided construction services similar to those listed in
Section 2 of the Statement of Work.
RESPONSE:
Jeff Smith – Project Manager
Pinal County Fall 2016 Chip Seal
Pinal County Crack Seal FY 16-17 County Wide
Pinal County Crack Seal FY 17-18
Pinal County Spring 2018 Chip Seal
Pinal County Fog Seal FY 17-18
Pinal County Chip Seal FY 17-18
Pinal County San Manuel Airport TRMSS
Pinal County ARDP Chip Seal FY 15-16
Pinal County Crack Seal FY 15-16
IFB 175923 – Asphalt Maintenance & Repair Services
Page 16 of 18
Pinal County Pavement Preservation FY 15-16
Pinal County PASS Fog Seal - 2015
Pinal County Ironwood Road Pot Hole Patching and Crack Sealing – 2015
Pinal County Ironwood Fog Seal – 2015
Pinal County Fog Seal FY 15-16
Pinal County Pavement Preservation Spring FY 15
Mohave County PMAR FAST Spring Chip Seal 2018
Mohave County MC-250 Chip Seal 2017
Mohave County PMAR FAST Pierce Ferry Road Chip Seal 2015
Mohave County PMAR FAST Chip Seal Mohave Valley 2016
City of Sedona Chapel Hill Crack Seal
City of Sedona – Posse Grounds Park, Parking Lot
City of Sedona – Fall 2017/Spring 2018 Work
City of Sedona – Spring 2017 Work
City of Sedona – Sunset Drive and Mountain Shadows Drive Paving
City of Sedona – Jordan Road Overlay
City of Sedona – Jordan Road Sidewalk Construction
City of Sedona – Palisades Overlay
City of Sedona – Fog Seal and Crack Seal Spring 2016
City of Sedona – Seal Coat Spring 2018
City of Sedona – Chapel Hill Modified Seal Coat 2018
City of Sedona – Waste Water Treatment Plant Crack Seal
City of Phoenix – Spring 2018 Job Order 1
Reference 3.0.4 for project information
Jeff Abram – Senior Estimator
Pinal County Fall 2016 Chip Seal
Pinal County Crack Seal FY 16-17 County Wide
Pinal County Crack Seal FY 17-18
Pinal County Spring 2018 Chip Seal
Pinal County Fog Seal FY 17-18
Pinal County Chip Seal FY 17-18
Pinal County San Manuel Airport TRMSS
Pinal County ARDP Chip Seal FY 15-16
Pinal County Crack Seal FY 15-16
Pinal County Pavement Preservation FY 15-16
Pinal County PASS Fog Seal - 2015
Pinal County Ironwood Road Pot Hole Patching and Crack Sealing – 2015
Pinal County Ironwood Fog Seal – 2015
Pinal County Fog Seal FY 15-16
Pinal County Pavement Preservation Spring FY 15
Maricopa County – Anthem Unit 21-B
Maricopa County – Green “T” Intersection
Maricopa County – 99th Avenue Channel
Maricopa County – 253rd Avenue and Rockaway Hills
Maricopa County – Litchfield Railroad Crossing
Maricopa County – Northwest Maintenance Yard Driveway
Maricopa County – Cross River Unit 8
Maricopa County – 126th Drive and Cercado Lane
Maricopa County – 10th Street Reconstruction
Maricopa County – Patton Road and Alma School Road Hot in Place Recycle
Maricopa County – 165th Avenue
IFB 175923 – Asphalt Maintenance & Repair Services
Page 17 of 18
Maricopa County – Indian School Road and 191st Avenue
Maricopa County – Avondale Blvd. & Jackrabbit Trail Overlay
Maricopa County – Recker Road and San Tan Road Overlay
Mohave County PMAR FAST Spring Chip Seal 2018
Mohave County MC-250 Chip Seal 2017
Mohave County PMAR FAST Pierce Ferry Road Chip Seal 2015
Mohave County PMAR FAST Chip Seal Mohave Valley 2016
City of Sedona Chapel Hill Crack Seal
City of Sedona – Posse Grounds Park, Parking Lot
City of Sedona – Fall 2017/Spring 2018 Work
City of Sedona – Spring 2017 Work
City of Sedona – Sunset Drive and Mountain Shadows Drive Paving
City of Sedona – Jordan Road Overlay
City of Sedona – Jordan Road Sidewalk Construction
City of Sedona – Palisades Overlay
City of Sedona – Fog Seal and Crack Seal Spring 2016
City of Sedona – Seal Coat Spring 2018
City of Sedona – Chapel Hill Modified Seal Coat 2018
City of Sedona – Waste Water Treatment Plant Crack Seal
City of Phoenix – Spring 2018 Job Order 1
City of Glendale – 2017/2018 Crack Seal
City of Goodyear – FAST High Volume Spring 2018
City of Casa Grande – Main Avenue Cap Seal
City of Casa Grande – FY 2018 PMAR Chip Seal
City of Chandler – TRMSS 2016
City of Chandler – TRMSS 2017
City of Chandler – TRMSS 2018
City of Mesa – Crack Seal 2016
City of Mesa – Crack Seal 2017
City of Mesa – FY 17/18 Fall Fog Seal
City of Mesa – Spring 2017 Fog Seal
Reference 3.0.4 for project information
Scott McMorine – Chip Seal and Fog Seal Division Manager
Pinal County Spring 2018 Chip Seal
Pinal County Fog Seal FY 17-18
Pinal County Chip Seal FY 17-18
Mohave County PMAR FAST Spring Chip Seal 2018
City of Sedona – Fall 2017/Spring 2018 Work
City of Phoenix – Spring 2018 Job Order 1
City of Goodyear – FAST High Volume Spring 2018
City of Casa Grande – Main Avenue Cap Seal
City of Casa Grande – FY 2018 PMAR Chip Seal
City of Chandler – TRMSS 2018
Reference 3.0.4 for project information
Kyle Gooding – Crack Seal and Seal Coat Division Manager
Pinal County Crack Seal FY 16-17 County Wide
Pinal County Crack Seal FY 17-18
Pinal County San Manuel Airport TRMSS
Pinal County Crack Seal FY 15-16
Maricopa County – Anthem Unit 21-B
IFB 175923 – Asphalt Maintenance & Repair Services
Page 18 of 18
City of Sedona Chapel Hill Crack Seal
City of Sedona – Posse Grounds Park, Parking Lot
City of Sedona – Fall 2017/Spring 2018 Work
City of Sedona – Spring 2017 Work
City of Sedona – Fog Seal and Crack Seal Spring 2016
City of Sedona – Seal Coat Spring 2018
City of Sedona – Chapel Hill Modified Seal Coat 2018
City of Sedona – Waste Water Treatment Plant Crack Seal
City of Phoenix – Spring 2018 Job Order 1
City of Glendale – 2017/2018 Crack Seal
City of Chandler – TRMSS 2016
City of Chandler – TRMSS 2017
City of Mesa – Crack Seal 2016
City of Mesa – Crack Seal 2017
City of Mesa – FY 17/18 Fall Fog Seal
City of Mesa – Spring 2017 Fog Seal
Reference 3.0.4 for project information
Oscar Gonzales – Field Operations Manager
Pinal County Ironwood Road Pot Hole Patching and Crack Sealing – 2015
Maricopa County – Green “T” Intersection
Maricopa County – 99th Avenue Channel
Maricopa County – 253rd Avenue and Rockaway Hills
Maricopa County – Litchfield Railroad Crossing
Maricopa County – Northwest Maintenance Yard Driveway
Maricopa County – Cross River Unit 8
Maricopa County – 126th Drive and Cercado Lane
Maricopa County – 10th Street Reconstruction
Maricopa County – Patton Road and Alma School Road Hot in Place Recycle
Maricopa County – 165th Avenue
Maricopa County – Indian School Road and 191st Avenue
Maricopa County – Avondale Blvd. & Jackrabbit Trail Overlay
Maricopa County – Recker Road and San Tan Road Overlay
City of Sedona – Fall 2017/Spring 2018 Work
City of Sedona – Spring 2017 Work
City of Sedona – Sunset Drive and Mountain Shadows Drive Paving
City of Sedona – Jordan Road Overlay
City of Sedona – Jordan Road Sidewalk Construction
City of Sedona – Palisades Overlay
City of Phoenix – Spring 2018 Job Order 1
Reference 3.0.4 for project information
This information (responder’s profile and responses to questions for IFB175923) has
been captured and copied from the Bonfire portal spreadsheet, in its entirety, to this
Word document as to not lose information in the conversion from an Excel document
to a PDF or TIF format (for posting to the Pinal County website and for OnBase
retention).
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ITEM 8. F.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 03/15/2022 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Administration
Prepared by: Elizabeth A. Klein, Town Clerk
Staff Contact Information:
Request to Town Council Regular Meeting (Agenda Language): DISCUSSION WITH POSSIBLE
DIRECTION relating to any item included in the League of Arizona Cities and Towns’ weekly Legislative
Bulletin(s) or relating to any action proposed or pending before the State Legislature.
Staff Summary (Background)
This is a regularly recurring agenda item on the Town Council agenda during the legislative session. The
goal of this agenda item is to obtain consensus from the Mayor and Council on legislative bills and to
provide direction, if any, to staff to communicate the Town's position on the bills. Each Council meeting
the Legislative Bulletin will be attached to the Town Council agenda which will include legislative
analyses of the bills and their impacts on municipalities. The Mayor and Council will have an
opportunity to review the bills that are under consideration in the Arizona State Legislature and provide
direction on supporting or opposing the bills. The Mayor and Council may also bring up other bills of
interest to the Town of Fountain Hills for discussion that are not listed in the Legislative Bulletin.
Last November the Town Council approved the 2022 Legislative Policy Agenda which identified the
major legislative priorities of the Town Council. The 2022 Legislative Policy Agenda document and the
most recent Legislative Bulletins will also be included during the 2022 Legislative Session.
Related Ordinance, Policy or Guiding Principle
Council adopted 2022 Legislative Policy Agenda
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
N/A
SUGGESTED MOTION
MOVE to provide staff direction on one or more bills being considered by the State Legislature.
Attachments
2022 Legislative Policy Agenda
Bulletin - Issue 7
Bulletin - Issue 8
Form Review
Inbox Reviewed By Date
Town Manager Grady E. Miller 03/03/2022 04:20 PM
Form Started By: Elizabeth A. Klein Started On: 03/03/2022 04:04 PM
Final Approval Date: 03/03/2022
1
2022 State Legislative Agenda
The Town Council of Fountain Hills
Prepared by
Jack W Lunsford
The Lunsford Group
2
Mission
To enrich and provide an active quality of life for all residents and visitors through proactive
community engagement, resolute stewardship of amenities and open spaces, and the
enhancement of the overall health and well-being of our town.
Strategic Priorities
The Fountain Hills Strategic Plan is based on the following key goals or strategic priorities:
Maximizing Economic Development Opportunities in Fountain Hills
o Ensuring that Infrastructure in Fountain Hills is Well-Maintained and Safe
o Attracting Families and Working Professionals
o Ensuring that Fountain Hills Finances are Stable and Sustainable
o Focusing on Strengthening the Community and Improving the Town’s Quality of Life
2022 Legislative Resolutions
League of Arizona Cities and Towns
(Endorsed and Supported)
AMEND state statute to specify a period when cities and towns may prohibit the use of
permissible fireworks and modify definitions of illegal and permissible fireworks.
AMEND statute to allow cities and towns to amend their budgets after the initial budget
has passes while following notice and hearing statutes and with strong oversight and
approval requirements.
SEEK legislative and/or non-legislative solutions, working with housing and homeless
advocates, the Department of Housing, and state legislators, to provide local
governments, regional partners, and continuum of care providers additional resources to
combat street homelessness in our communities.
SIMPLIFY the statutory mechanisms to dissolve water and wastewater districts once
an area incorporates or gets annexed to relieve the tax burden on the citizens, if the town
or town provides the same service that had been performed by the district, or the district
service is no longer needed.
3
Town of Fountain Hills
2022 State Legislative Agenda
CORE PRINCIPLES
Preserve Local Funding
PROTECT State-Shared Revenues – Arizona voters have prohibited municipalities from
collecting a local income tax and luxury taxes and, in exchange, have authorized the
establishment of an urban revenue-sharing distribution of state income taxes to municipal
governments. Currently that percentage is 15%, however in 2021 the Legislature passed
SB1828 which increased revenue-share percentage to 18%, effective in fiscal year 2023-2024.
SB1828 is now on hold pending a final ruling from the Arizona Supreme Court as to the
constitutionality of this and other 2021 legislative actions and, depending on the outcome, this
could put pressure on the Arizona Legislature to revisit the provisions of the new law.
Preserve Local Control
OPPOSE Preemption of Local Authority – The Town strives to preserve local control so that
its citizens can self-govern in their best interest. Every legislative session legislation is
proposed that creates unfunded mandates on cities and towns and/or preempts the ability of
municipal councils to set policy through ordinances and regulations at the local level which are
in the best interest of their citizens and taxpayers. Often times this is a “one-size-fits-all”
legislative approach that doesn’t consider the differences in municipalities or the priorities of the
residents. Such efforts should be opposed.
2021 Key Positions
PRESERVE the current minimum urban revenue sharing percentage for cities and towns
at 15%.
OPPOSE legislation to modify or expand legislative authority to seek SB1487
investigations by legislators pertinent to municipal authorities and to expand any
applicable penalties.
SUPPORT legislation addressing the negative impacts short-term rental properties can
have on adjacent properties and neighborhoods.
SUPPORT legislation that at a minimum will prohibit, on all days, the use of permissible
consumer fireworks between the hours of 10:00 PM and 8:00 AM.
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LEGISLATIVE POLICY STATEMENTS
LOCAL GOVERNMENT
OPPOSE legislation to modify or expand legislative authority to seek SB1487
investigations by legislators pertinent to municipal authorit y and to expand any penalties.
SUPPORT legislation that further limits SB1487 provisions.
OPPOSE legislation that creates unfunded mandates for municipalities.
SUPPORT legislation on political signs to comply with Reed v. Town of Gilbert U.S.
Supreme Court decision.
LOCAL GOVERNMENT FINANCE
OPPOSE legislation that reduces or negatively impacts the collection of transaction
privilege tax (TPT), State Shared Revenues, or other local revenues.
OPPOSE changing the imposition of construction sales taxes to “materials only” or other
methods that do not equitably return those revenues to where the construction activity
occurs.
NEIGHBORHOODS and QUALITY OF LIFE ISSUES
SUPPORT legislation providing additional tools and remedies for municipalities to
regulate short-term rentals in their communities.
OPPOSE legislation that would limit or curtail the Town’s current zoning authority,
particularly in residential areas.
OPPOSE legislation that would prohibit or eliminate the transaction privilege tax on the
renting or leasing of real property for residential purposes.
OPPOSE legislation that preempts a city or town from establishing or enforcing its
ordinances regulating tobacco, vapor, or alternative nicotine products.
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PUBLIC SAFETY
OPPOSE legislation that negatively impacts the Town’s Fire Code or its ability to enforce
its Fire Code provisions.
OPPOSE legalizing additional fireworks or other changes that would increase the risk of
fires to businesses, neighborhoods, residents and the McDowell Mountain Preserve.
PRESERVE local control authority that allows cities and towns to regulate the use and
discharge of firearms within municipal boundaries.
TRANSPORTATION
SUPPORT extension of ½-cent sales tax to support regional transportation projects in
Maricopa County.
SUPPORT the continued viability of Highway Users Revenue Fund (HURF) funding to
cities and towns.
AZ League Legislative Bulletin: Issue 7 – February 25, 2022
Legislative Update:
Today is day 47 of the legislative session. Lawmakers spent long days in the House
and Senate chambers considering and voting on hundreds of bills this week. Each
chamber’s Appropriations committee also held lengthy hearings to consider bills and
last-minute strikers. The Senate and House will begin hearings to consider the
opposite chamber’s bills starting next week.
On Monday, the Senate followed the House’s lead in approving a raise to the
aggregate expenditure limit for education spending. HCR 2039 re quired approval
from two-thirds of legislators in both the House and Senate. While the raise is a
temporary one-year exemption to the constitutional limit, lawmakers expressed a
willingness to address the limit in a bi-partisan way permanently.
Deferred Retirement Option Plan (DROP)
Two measures related to DROP worked through the legislature this week. HB2337
deferred retirement optional plan; reinstatement, sponsored by Representative
Payne (R-Peoria) expands the DROP to Tier 2 and 3 members in PSPRS and allows
Tier 1 participants to extend their DROP period for 24 months. In the expanded 24
months, Tier 1 members will accrue interest at the smoothed rate of return in the
plan. Representative Payne’s bill passed the House 31 -28-1.
In the Senate, SB1268 PSPRS; deferred retirement option plan, sponsored by
Senator David Livingston (R-Peoria) expands the DROP for 24 months for Tier 1
members allowing them to accrue interest at the smoothed rate of return for the final
24 months. This item went through the Committee of the Whole but failed to obtain
a full chamber vote.
The League opposes both DROP bills because of the historical negative impact
DROP has had on the plan’s unfunded status. We do not believe it is prudent to
expand constitutionally guaranteed benefits through DROP because of the potential
negative impact that could have on compounding account balances that are
underfunded. Additionally, cities and towns across the state are implementing efforts
tailored to one-time retention, referral, and hiring bonuses to public safety
personnel.
We believe one-time front-end stipends are preferred to a guaranteed constitutional
benefit that can create unfunded liabilities.
Minimum Public Safety Expenditures
A pair of measures proposes asking vote rs in the next general election whether to
amend the constitution to require the Economic Estimates Commission (EEC) to
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determine and inform all counties, cities, and towns of their minimum law
enforcement expenditures. HB 2624 and its partner HCR 2028 minimum law
enforcement expenditure amount, if passed, would penalize cities and towns by
directing the State Treasurer to withhold funds in the amount a municipality failed to
dedicate to public safety from a municipality's transaction privilege and excise tax
revenue and redistribute the withheld sum to other cities and towns.
The League opposes both measures because they infringe on local authority to
make budget decisions limiting local government's ability to adjust to changing
economic conditions. HCR 2028 fails to contemplate situations where municipalities
make a lump sum payment towards their PSPRS unfunded liabilities. This payment
would be represented as a public safety expense, even though it was one time. In
this scenario, under HCR 2028, the municipality would be penalized because this
would technically reduce their overall public safety funding, making them subject to
withholding local funds by the State Treasurer. Local budgeting is an essential
function of a city council that understands local obligations and the community's
needs. HCR 2028 is pending Third Read in the House, while HB 2624 awaits House
Committee of the Whole.
Prime Contracting (HB 2701, HB 2749)
A pair of measures that propose changes to state and local TPT under the
construction contracting classifications, these bills will have significant negative
revenue impacts on cities and towns.
HB2701, TPT; prime contracting; tax base, increases the standard contracting
deduction which represents direct labor from 35% to 40% in FY24 and to 45% in
FY25 and beyond. Per the JLBC fiscal note, when fully implemented this change will
reduce city and town revenues by $98.6 million per year. Proponents are saying this
change is needed due to inflation and to move the Contra cting classification closer
to being a tax on materials only.
The League is opposed based on the revenue loss. There is no readily available
data to support the fact that the deduction needs to be increased to address
increased labor costs. The philosophical argument is that contracting should only be
taxed on the materials used rather than the gross receipts from contracting activity
with an exemption for direct labor. However, TPT imposed on every classification is
based on gross receipts from the business activity, less allowed deductions. In the
1980s, the current built-in deduction of 35% replaced the prior deduction for actual
direct labor expenses, which was the source of numerous audits and considerable
controversy. To simplify the deduction, the Legislature and stakeholders negotiated
the 35% value, despite abundant evidence and audit information that the true value
of direct labor rarely reached 30%. More recently, an examination of U.S. Census
Bureau data from 2012 confirmed that 35% was still mo re than the labor amounts
reported by Arizona contractors across all disciplines.
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HB2749, TPT; prime contracting; exemption; alterations , attempts to simplify the
definition of “Alteration” for contracts involving residential property. Under the MRRA
exemption, projects that meet the limitations to be considered an “alteration” are
taxed on the materials only instead of on the full contract price under Prime
Contracting. Under the bill, the current limitation for a residential project to be
deemed an “alteration” (25% of full cash value) would be removed. In its place, any
residential construction contract that did not cause an increase in the square footage
of the property would be deemed “alteration.”
The League is opposed to this change because there is a negative revenue impact
that cannot be determined, it potentially pulls some small contractors currently
covered by MRRA back into Prime Contracting, will only create different issues of
controversy due to the ambiguity of “increased square footage,” and this proposal
will not provide contractors with their primary goal: a bright -line test that ensures
everyone is bidding jobs on the same basis.
When this idea was proposed last year, it was discussed at length amongst the large
group of stakeholders (ADOR, cities, and a wide variety of construction interests)
that has been working through ongoing MRRA issues since its implementation.
Despite many knowledgeable and experienced participants, that grou p failed to
reach a consensus on the meaning of “increased square footage.” This challenge
was further evident in committee when proponents offered at least three conflicting
definitions, some of which seemed reliant on their personal interpretation of the
phrase (“under one same roof”) or a reading of the proposed language that is not
included in the text or clearly indicated by the context.
Vehicle License Tax
SB 1148 vehicle sale price; VLT , sponsored by Senator Michelle Ugenti-Rita (R-
Scottsdale), proposes to base vehicle license taxes on the purchase price rather
than the MSRP, which is the current practice. The bill's fiscal impact cannot be
calculated since there is no way to gauge the difference between MSRP and the
actual sale price on the purchase of new vehicles. The intent of this measure will
undoubtedly reduce VLT collections overall. It also raises extensive practical
questions about the reporting mechanism required and creates tax liabil ity inequities
for all vehicle owners by moving away from the current uniform system.
The measure passed out of the Senate Appropriations Committee this week on a
party-line vote. The League opposes the effort because it will decrease state and
local HURF revenues allocated for road and highway maintenance and repairs. The
measure will additionally reduce the general fund revenues of county and city
governments, which will ultimately necessitate reduced road maintenance, or tax
increases on other goods or property to make up for the shortfall.
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2022 Session Timeline
Every session has deadlines pertaining to bill submissions and hearings. This
year, the schedule is as follows:
January
1/10 – First day of session
1/13 – House 7-bill Introduction Limit Begins (5 p.m.)
1/31 - Senate bill introduction deadline (5 p.m.)
February
2/7 – House Bill Introduction Deadline (5 p.m.)
2/14 - 2/18 – Last week to hear bills in the chamber of origin
March
3/21 – 3/25 – Last week to hear bills in the opposing chamber
April
4/15 – Last Day for Conference Committees
4/19 – 100th Day of Session
Legislative Bill Monitoring
All bills being actively monitored by the League can be found by clicking the
link below.
Legislative Bill Monitoring
AZ League Legislative Bulletin: Issue 8 – March 4, 2022
Legislative Update:
Today is day 54 of the legislative session. This was the first week committees
began considering bills from the opposite chamber. Lawmakers have until March
25th for all bills to be heard in committees, except for the Appropriations
committee.
With the legislative session at the halfway mark, there are rumors of special
sessions to form an Arizona Water Authority, to repeal and replace tax cuts
enacted in the previous legislative session, and to address election-related
matters.
SB1487 Expansion
An effort to expand 1487 claims failed on the House floor this week. HB 2009
violations of state law; schools would have expanded the existing 1487 statute to
include school districts. Under existing law, a legislator can file a 1487 complaint
with the Attorney General if they allege that the governing body of a municipality
or county took an action that violates state law or the constitution.
The League was concerned about the measure because it expanded the 1487
statute to include written policies or regulations adopted by an agency or
department within a municipality. This expansion would have placed civil servants
in the middle of a political battleground and could have resulted in local
governments being in a state of perpetual litigation simply f or doing their jobs. The
measure failed on House Third Read on Wednesday by a vote of 26-32.
A similar effort, HB 2276 state law; violation; schools; universities which expands
the 1487 complaint process for universities, community colleges and school
districts is pending House Committee of the Whole. The measure also includes
provisions expanding complaints to apply to municipal department policies or
regulations. The League opposes the measure.
Guns in Public Places
The Senate Judiciary Committee considered HB 2316 misconduct involving
weapons; public places sponsored by Representative John Kavanagh (R-
Fountain Hills) on Thursday morning. The measure would allow persons with valid
concealed carry weapons (CCW) permit to carry a deadly weapon in a public
establishment or at a public event unless the public building has security
personnel and electronic weapons screening devices.
If passed, the measure would have significant fiscal implications for jurisdictions
wanting to keep concealed carry firearms out of public buildings, both in terms of
the screening equipment that would be required and the ongoing costs of
personnel to staff those entrances. For communities unable to meet the costs
associated with screening devices, the measure essentially removes their local
decision-making authority over policies affecting public buildings.
HB 2316 makes a number of exemptions for other public entities like education
institutions or prosecutorial agencies. The League opposes the measure and
believes that the same logic used to justify these exemptions applies to city and
town governments. The measure passed the committee on a party -line vote and
is scheduled for the Rules Committee on Monday. .
Fireworks
Two League-supported measures related to fireworks passed out of Senate and
House committees this week. SB 1275 and HB 2226 were sponsored by Senator
J.D. Mesnard (R-Chandler) and Representative Amish Shah (D-Phoenix). The
mirror bills would allow municipalities to regulate the use of permissible fireworks
from 11 p.m. to 8 a.m. every day, except for New Year's Eve and Independence
Day, in which fireworks can be regulated between 1 a.m. to 8 a.m.
The measure has garnered bipartisan support in both chambers. The League
believes the bills are a reasonable approach to peeling back the preemption under
current law concerning fireworks. The overnight hours outlined in the bill set a
reasonable expectation for when constituents can expect the noise associated
with fireworks to subside.
Street Homelessness - Sanctioned Campsites
SB 1581 housing; grants; homelessness; camping; appropriation passed the
Senate on Thursday. The measure would offer grants to municipalities and
counties to develop “sanctioned camping sites” for homeless encampments.
The League is deeply committed to working with lawmakers, housing
organizations, advocates for individuals experiencing homelessness, counties,
state agencies, and stakeholders to seek legislative and non -legislative solutions
to address homelessness and housing affordability. However, cities and towns
have serious concerns with implementing SB1581 in its current form. One
problem is that the sanctioned camping sites are not a proven effective solution
to ending homelessness. Additionally, we are concerned about the potential
litigation that would result if municipalities were required to enforce urban camping
bans to receive grant funding. Enforcing street camping bans would violate the
Ninth Circuit decision in Martin v. Boise. California cities have already been
subject to these lawsuits and have lost court battles for enforcing portions of their
street camping bans. Instead of expending public dollars in litigation, these funds
could be allocated for proven programs to address homelessness, including
housing and outreach programs, health and support services for mental illness,
drug addiction treatment, as well as job placement training programs.
As it stands, SB1581 needs further amending if it is to effectively addr ess the
homelessness problem and not just push those in need further out of sight of the
help they need. The measure is awaiting committee assignment in the House.
2022 Session Timeline
Every session has deadlines pertaining to bill submissions and hearings. This
year, the schedule is as follows:
January
1/10 – First day of session
1/13 – House 7-bill Introduction Limit Begins (5 p.m.)
1/31 - Senate bill introduction deadline (5 p.m.)
February
2/7 – House Bill Introduction Deadline (5 p.m.)
2/14 - 2/18 – Last week to hear bills in the chamber of origin
March
3/21 – 3/25 – Last week to hear bills in the opposing chamber
April
4/15 – Last Day for Conference Committees
4/19 – 100th Day of Session