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AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION DECEMBER 5, 2007 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 5:00 PM CALL TO ORDER ROLL CALL EXECUTIVE SESSION AT OR AFTER 5:00 PM Pursuant to ARS §§38-431.03(A)(1), discussion and consideration of applicant Tobin Rose n for the Town Attorney position, Council may vote to meet in Executive Session with management staff regarding this matter RESUME REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE UPCOMING MEETING ANNOUNCEMENTS —TOWN MANAGER COUNCIL REPORTS Caw DEPARTMENT REPORTS TOWN MANAGER'S REPORT The Mayor and Council mayconsider and/or take action on the items listed below: ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING CALL TO AUDIENCE —At this time, any member of the public is allowed to y address the Mayor and Town Council on any issue not listed on today's Pursuant to the Arizona Open Meeting Law, individual Council agenda. Members may ask Town Staff to review the matter, ask that the matter be placed on a future agenda, or respond and to criticism made by speakers. However, the Council maynot discuss or take legal action on matters raised during Mayor and"Call to Audience." In order to speak during "Call to Audience" please specify whaty ou wish to discuss when completing the blue speaker card. PRESENTATION: Presentation by Northwest Medical Center Oro Valley's Chief Executive Officer, Shawn G. Strash 12/05/07 Agenda, Council Regular Session 2 1. CONSENT AGENDA (Consideration and/or possible action) A. Minutes — 10-24-07; 11-05-07; 11-07-07; 11-09-07; 11-13-07; 11-14-07 B. Building Safety Activity Report - October 2007 C. Police Report - October 2007 D. Resolution No. (R)07-129 Approving the execution of an Intergovernmental Agreement for one School Resource Officer (SRO) at Canyon del Oro High School (CDO) of the Amphitheater Unified School District No. 10 of Pima County by the Town of Oro Valley E. Resolution No. (R)07-130 Repealing Resolution No. (R) 99-79A, Lodging Industry Incentive Guidelines F. Resolution No. (R)07-131 Authorizing and Approving a Contract with Brown and Caldwell in the Amount of$99,954.00 for a Well Monitoring Program G. Resolution No. (R)07-132 Authorizing and Approving a Contract with Castro Engineering Corporation for Professional Design Services in the Amount of $61,254.00 for a new water main on Innovation Park Drive H. Resolution No. (R)07-133 Amending Resolution No. 05-09, the Town of Oro Valley Water Utility Mayor and Council Water Policies regarding ARS 45-454(D)(4) and adding C.7 Exempt Wells I. Resolution No. (R)07-134 Authorizing and Approving a construction contract with Action Pipeline Contractors, Inc., in the amount of $1,692,208.16, for installing 24-inch and 16-inch pipeline in La Canada Drive to deliver reclaimed water to the two Hilton Golf Courses located on La Canada Drive as part of the Phase 2 Reclaimed Water System J. Resolution No. (R)07-135 Authorizing and Approving a construction contract with Smyth Steel Manufacturing, Inc., in the amount of $457,927.83, for installation of an 8-inch pipeline and construction of a booster station to deliver reclaimed water to the Painted Sky Elementary School as part of the Phase 2 Reclaimed Water System K. Reappointment of C. Kent Russell to Municipal Property Corporation Board of Directors with term to expire September 30, 2010 L. Appointment of Michael Gardner to the Stormwater Utility Commission with term effective December 5, 2007 through December 5, 2009 M. Cancellation of the January 2, 2008 Town Council meeting due to the New Year's Day Holiday 2. PUBLIC HEARING— CONSIDERATION AND POSSIBLE ACTION REGARDING AN APPLICATION FOR A SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR TORINO RISTORANTE LOCATED AT 10355 N. LA CANADA DRIVE, SUITE 141 12/05/07 Agenda, Council Regular Session 3 3. PUBLIC HEARING - ORDINANCE NO. (0)07- 42 AMENDING CHAPTER TICLE 10-1, SECTION 10-1-5, NUISANCES OF THE TOWN OF 10, AR ORO VALLEY TOWN CODE, BY ADDING SECTION 10-1-5(B), IDLING MOTOR VEHICLES Explanation: The proposed ordinance addresses issues of air quality p p and noise caused by motor vehicles left idling near residential areas. 4. OV 12-03-09 APPROVAL OF A FINAL PLAT FOR VILLA MILAGRO, CONSISTING OF TWENTY-EIGHT (28) LOTS IN THE SINGLE FAMILY SUBDIVISION AND A PORTION OF TWO OFFICE BUILDINGS. THE -6, LOCATED WEST OF ORACLE ROAD AND NORTH OF ZONING IS R DESERT SKY ROAD (Continued from October 17, 2007). 5. PUBLIC HEARING - OV12-02-11 C REQUEST TO APPEAL THE DEVELOPMENT REVIEW BOARD'S DECISION ON TO DENY THE GRADING EXCEPTION FOR PALISADES OF ORO VALLEY, LOCATED ON THE NORTHEAST CORNER OF ORACLE ROAD AND HARDY ROAD Explanation: The applicant, Larsen Baker LLC, represented by John Evans & Associates requests to exceed the cut and fill limitations of the Grading Ordinance. 6. FUTURE AGENDA ITEMS (The Council may bring forth general topics for Co.‘ future meeting agendas.endas. Council may not discuss, deliberate or take any actiontopicspresented on the pursuant to ARS 38-431.02H) CALL TO AUDIENCE — At this time, any member of the public is allowed to address the Mayor and Town Council on any issue not listed on today's Pursuant to the Arizona Open Meeting Law, individual Council agenda. Members may ask Town Staff to review the matter, ask that the matter be placed on a future agenda, or respond and to criticism made by speakers. However, the Mayor and Council maynot discuss or take legal action on matters raised during "Call to Audience." In order to speak during "Call to Audience" please specify what you wish to discuss when completing the blue speaker card. ADJOURNMENT POSTED: 11/21/07 4:00 p.m. cp packet of agenda materials as listed above is available for When possible, a g east 24 hours prior to the Council meeting in the office of the public inspection at I Town Clerk between the hours of 8:00 a.m. — 5:00p.m. The Town of Oro Valley complies lies with the Americans with Disabilities Act (ADA). Nrhow p an If any person with a disabilityneeds type of accommodation, please notify Y Y 12/05/07 Agenda, Council Regular Session 4 the Town Clerk's Office at least five days prior to the Council meeting at 229- 4700. INSTRUCTIONS TO SPEAKERS Members of the public have the right to speak during any posted public hearing. However, those items not listed as a public hearing are for consideration and action by the Town Council during the course of their business meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair. If you wish to address the Town Council on any item(s) on this agenda, please complete a speaker card located on the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the speaker card which item number and topic you wish to speak on, or if you wish to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. Please step forward to the podium when the Mayor announces the item(s) on the agenda which you are interested in addressing. 1. For the record, please state your name and whether or not you are a Town resident. 2. Speak only on the issue currently being discussed by Council. Please organize your speech, you will only be allowed to address the Council once regarding the topic being discussed. 3. Please limit your comments to 3 minutes. 4. During "Call to Audience" you may address the Council on any issue you wish. 5. Any member of the public speaking must speak in a courteous and respectful manner to those present. Thank you for your cooperation. TOWN OF ORO VALLEY Page 1 of 1 COUNCIL COMMUNICATION MEETING DATE: December 5,2007 TO: HONORABLE MAYOR & COUNCIL FROM: David Andrews, Town Manager SUBJECT: Presentationby Northwest Medical Center Oro Valley's Chief Executive Officer, Shawn G. Strash SUMMARY: On October 11, 2007, Shawn G. Strash was named Chief Executive Officer of Northwest Medical Center Oro Valley. Mr. Strash comes to Northwest Medical Center Oro Valley from Palmer, Alaska, where he served two years as Chief Operating Officer and Ethics and Compliance Officer for Mat-Su Regional Medical Center. • a new replacement hospital in 2006, transitioning the physicians, staff, and patients While there, he helped open p p from an antiquated 40-bed facilityto a modern 74-bed hospital. Strash also oversaw inpatient and outpatient facility development, includingthe construction of new medical office buildings in Mat- Suancillary services and fa ty p � Center's primaryand secondarymarkets, increasing access to physicians and growing Regional Medical both patient volume and satisfaction. Mr. Strash is here today to introduce himself to the Town Council, staff -d citizens of Oro Valley. Cark; arwix4_ David Andrews, Town Manager MINUTES ORO VALLEY TOWN COUNCIL STUDY SESSION October 24, 2007 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE CALL TO ORDER ROLL CALL PRESENT: Paul Loomis, Mayor Helen Dankwerth, Vice Mayor Paula Abbott, Council Member K.C. Carter, Council Member Al Kunisch, Council Member EXCUSED: Barry Gillaspie, Council Member Terry Parish, Council Member 1. PRESENTATION OF DRAFT DEVELOPMENT IMPACT FEE REPORT BY PAUL TISCHLER OF TISCHLER/BISE, INC. Management Assistant Tori Schlievert introduced Paul Tischler of Tischler/Bise to begin the presentation. Mr. Tischler began by thanking Staff for their cooperation and proceeded to give a brief overview of his firm. Mr. Tischler presented the following issues in his PowerPoint presentation: • Growth o Estimated to continue at the rate of 330 housing units annually • Revenue o Heavy reliance on sales tax o 2% utility tax sunsets in 2009 o Need for additional revenues o Development Impact Fees will make growth pay for its fair share of capital facilities. He noted that without a property tax, numerous impact fees would be needed. Mr. Tischler explained the fundamentals of Development Impact Fees: • One-time payments paid at the time a building permit is issued. • Represented new growth's proportionate share of capital facility needs. • Used only for capital facilities that add or expand capacity. • Spent only on categories for which the fees are collected. • Cannot be used for maintaining or replacing existing capital facilities. 10/24/07 Minutes, Town Council Study Session 2 • Cannot be used for existing deficiencies; only growth's proportionate share. • Avoid double payment: o Cannot have charges to fund a facility and an additional Development Impact Fee • Assessed in a nondiscriminatory manner o Each land use must pay its fair share • Cannot charge new growth for a higher level-of-service than is currently being provided Mr. Tischler noted that if new growth paid the proposed development fees, it would allow the Town to maintain the current level of capital facilities as the Town grows. Mr. Tischler proceeded to discuss the Constitutional Requirements regarding Development Impact Fees: • Rational Nexus • Must meet criteria: o Must show a demand o Proportionality o Benefit Mr. Tischler presented the Arizona State Requirements: • Authorized for municipalities by A.R.S. §9-463.05 • Infrastructure Improvements Plan (IIP) Requirement o Identify each public service that is the subject of a development impact fee o Estimate the future necessary public services that will be required as a result of new development and the basis for the estimates o Forecast the costs associated with meeting those future public services that will be required as a result of new development • Fees can be assessed for "necessary public services" to a development • Fees can include costs of: o Construction o Property o Improvements o Soft costs o Financing costs o Equipment o Vehicles • Beneficial use to development (benefit) • Amount of development fees must bear a reasonable relationship to the burden imposed on the municipality to provide additional necessary public services to the development (demand and proportionality) • 60 day notice-of-intent, release IIP and fee report to public • Public hearing 10/24/07 Minutes, Town Council Study Session 3 • Adoption 30 days later • New fees go into effect 75 days later He noted that the IIP and development impact fee study process averaged 4 months. Mr. Tischler explained the IIP and Development Impact Fee Methodologies: • Buy-in Approach (past) is suited for facilities that have been oversized in anticipation of growth and have excess capacity available. • Incremental Expansion Method (present) documents the current Level-Of- Service (LOS) for each type of public facility in both quantitative and qualitative measures • Plan-based Method (future) is suited for public facilities that have adopted plans or commonly accepted service delivery standards to guide capital improvements Mr. Tischler presented an overview of each of the categories that were examined for development impact fees: • Transportation Development Impact Fee o Recalibrate road development impact fee o Add vehicles/equipment and buildings component • Police Development Impact Fee o Three components: • Land • Buildings • Vehicles and equipment o Higher level of service possible • Parkes and Recreation Development Impact Fee o Six Components: • Land • Improvements • Recreational facilities • Trails/bike paths • Buildings • Vehicles and equipment • Library Development Impact Fee o If expansion will occur in the next 5-6 years o Three Components: • Land • Buildings • Collection • Municipal Facilities and Equipment Development Impact Fee o Three Components: • Land • Buildings • • Vehicles and equipment 10/24/07 Minutes, Town Council Study Session 4 Annual Revenue Potential 2000 $4,000 Residential Units $1,000 ..:. 1$3'000 . 330/Year 1$330,000 1$660,000 $990,000 1$1,320,000 Mr. Tischler noted that the graph does not reflect revenue from non-residential units. Development Impact Fee Tasks . .w .__.m. �_._. _ . Task !Deliverable !Memorandum Discussing Land Use Recommend Land Use Assumptions !Projections of Ascertain Demand Factors and Level Memoranda as appropriate of Service for Relevant Public Facilities Evaluate Different Allocation Memoranda as appropriate Methodologies Identify Capacity Needs and Costs Memoranda as appropriate Determine Need for and Calculate "Credits" to be Applied Against Capital Memoranda as appropriate Costs . .......... .. . _ Discussion of Preliminary Memoranda as appropriate Methodologies and PolicyOption g 1Prepare Infrastructure Im rovement p Infrastructure Improvement Plan (IIP) Plan (IIP) _ Complete Development Impact Fee p p Memoranda as appropriate Methodology and Calculation Cash Flow Analyses Reflecting Capital Conduct Funding and Cash Flow Improvement Plan(s) and Applicable pp Analyses !Development Impact Fee Report p p Preparation of Development Impact p Development Impact Fee Report FeeReport _ __................_.____...._...__...._._.....______w ra Presentations/Meetings [AppropriateMaterials and Graphics _..... ... p [Liaison Committee (Optional) !Appropriate Presentation Material Council Member Abbott thanked Mr. Tischler for his presentation. The following items were discussed and clarified: • The parking lot for the police department was included in the cost estimation. • The Library Impact Fee could pay for a book mobile if the reason for the book mobile was due solely to new growth. 10/24/07 Minutes, Town Council Study Session 5 Vice Mayor Dankwerth expressed concern over the projections if there were to be a continued downturn in building and the economy. Mr. Tischler stated that additional fees would likely be added to the cost of a house. He projected that it would be 2-3 years before the current inventory of houses in this saturated market would be absorbed. Council Member Abbott noted that Marana had imposed a high impact fee and it had not deterred growth. Discussion followed which clarified that resurfacing streets with development impact fees would be illegal due to the fact that it was not an "expansion use" of the fee. It was further clarified that funds from development impact fees could be used to pay bonds. Mr. Tischler explained that funds raised from impact fees must be used for a like purpose and that those paying the fees receive a direct benefit. For example, a commercial developer could not be charged an impact fee that would be used to pay for a residential park. Discussion ensued which clarified that development impact fees: • Are used topay for first time equipment and could not be used to maintain or replace that equipment. • The recommended fees were calculated to serve the existing community. • Would carry over to annexed areas provided that the fees are in effect at the time of annexation. Mayor Loomis called for a short recess 6:28 P.M. The meeting resumed at 6:36 P.M. 2. PRESENTATION AND DISCUSSION OF ECONOMIC DEVELOPMENT INCENTIVE POLICY GUIDELINES FOR PROFESSIONAL LEVEL JOB CREATION Economic Development Director David Welsh stated that he did not support having guidelines in place as it may set an unwanted precedent. Council Members were dissatisfied with the proposed policy and agreed that a set of guidelines would be beneficial when preparing to negotiate with prospective businesses. Economic Development Administrator Amanda Jacobs was directed to meet with p Council members individually to discuss what they would like to see in the policy and return with her recommendations at a future study session. 10/24/07 Minutes, Town Council Study Session 6 Discussion ensued regarding incentives that the Town has to offer: Enormous labor supply to fill the positions that commercial growth may bring —Quality of life Excellent Educational system 3. DISCUSSION OF EXISTING LODGING INDUSTRY INCENTIVES POLICY/GUIDELINES Council members agreed that there was not a current need for a Lodging Industry Incentive Policy. Council directed Staff to return to Council at regular session to repeal the existing Lodging Industry Incentive Guidelines Policy. ADJOURNMENT MOTION: A motion was made by Council Member Carter and seconded by Council Member Kunisch adjourn. MOTION carried, 5-0. The meeting adjourned at 7:33 P.M. Prepared by: Christina Pickering Office Specialist DRAFT MINUTES ORO VALLEY TOWN COUNCIL TOWN COUNCIL SPECIAL SESSION November 5, 2007 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE CALL TO ORDER: 5:00 p.m. ROLL CALL PRESENT: Mayor Loomis Council Member Abbott Council Member Carter Council Member Gillaspie Council Member Kunisch Council Member Parish Vice Mayor Dankwerth 1. DISCUSSION AND/OR POSSIBLE ACTION TO DECIDE NARANJA TOWN SITE BOND AUTHORIZATION AMOUNT AND PARK ELEMENTS; AND TO DIRECT STAFF TO PREPARE THE FORMAL CALL FOR THE NOVEMBER 2008 NARANJA TOWN SITE BOND ELECTION FOR COUNCIL APPROVAL BY OR BEFORE JANUARY 2008 Finance Director Stacey Lemos reviewed her Council Communication and Power Point presentation regarding the proposed funding options for consideration of structuring a potential November 2008 ballot question(s) for the Naranja Town site bond election. Mayor Loomis opened the floor for public comment. Brenda Ryan, Oro Valley resident, objected to the Naranja town site stating that Pima County taxes are higher than in other areas. Dick Johnson, Oro Valley resident, expressed his support for the Park and giving the people the opportunity to vote to decide if they want the park or not. He stated that this park will have something for everyone. The community center and swimming facility can be used by schools. Win/win for everyone. $8 per month - cost of 2 lattes a month. The Park is a unifying place for citizens to come together. Maureen Noll, Oro Valley resident, expressed support for this Park and recommended to the Town Council that the election ballot question ask for the 11/05/07 Minutes, Council Special Session 2 full amount of the Park and that it be completed in one phase. She felt that this Park would be a benefit to the community and the home values. John Friedel, Oro Valley resident, stated he came from Brooklyn, New York and left because of the amount of taxes. He asked that the Town Council conserve money for a change and do things on a smaller scale. Erin Collier, Oro Valley resident, encouraged the Council to use momentum for Naranja Town site and build the whole park. She said that she represents a large number of families that couldn't be at the meeting. She stated that our community is changing with families moving in who are willing to pay to have this gem in the community. Jeff Jones, Oro Valley resident, stated that he agrees that the citizens should decide on the park. He asked that all facts be presented without using "smoke and mirrors". What is assumed assessment rate? Bed Tax money is being used for other things in the Town. If all done in one phase - mis-nomer - 13 years before end of construction. He felt that the $2.5 million annual maintenance estimate was extremely low. He asked that we make sure we can afford whatever the voters decide to pay for. John Musolf, Oro Valley resident, expressed concern with developing the Naranja Town site. He expressed his resentment over the Council's approval to spend $50,000 to market this Park and slant this election one way or the other. He asked for a study session on the CAP issue and that water is the only issue he is concerned about. He felt that this is a luxury item, not a "need to have" item. He can support expenditures for water or pavement management. He stated he is opposed to property taxes. Council Member Parish explained that the Town residents have indicated a willingness and desire to have a Park, but lack the understanding of what is g proposed and what it will cost. As a result, the Council will have an education programto helpthe residents understand what will go in the park. He stressed that the Town is not allowed to use public funds to affect the results of an election, but can spend money for an education program. He expressed his resentment for the accusation that the Council is "breaking the law." Bill Adler, Oro Valley resident stated that he is not opposed to the development of a Park and referred to the General Plan and the average number of Parks recommended for a community of our size and we are "under parked". However, he felt that it is a mistake to consider a park isolated from other needs that are unfunded or under funded. Town needs to look at other items. Improve quality of lifeg oes beyond a park. He felt that this borders on being less than honest with looking at a park isolated from other needs. He agreed with Mr. Johnson that voters will decide, but communication needs to be about the full bundle of needs, they are all equally important. Need to get the full picture of what we are facing in terms of financial obligations and commitments. 11/05/07 Minutes, Council Special Session 3 Bolin, Oro Valleyresident, felt that this was an extremely wise investment Heath and we need to "Plug in our kids. He stated he is here to plug the and Play" optionolympic because we have of mpic swimmers here but not enough swimming lanes. Lyra Done, Oro Valleyresident, addressed the children's needs for park uses in Oro Valley and the importance of our quality of Life. Out of our population of over 9 000 areyouth livingin Oro Valley. She feels our youth are the 44,000 forgotten generation. She asked how far behind must we be before the Park is built. Al Cook, Oro Valleyspoke resident, for GOVAC and for himself. He felt that this was a very excitingmoment to have an election and get this park moving. He stated that our qualityof life will be enhanced. The arts option should be built sooner than later, enhancing mind, body and spirit. Shawna Doame, Oro Valleyresident and a contract employee of Parks and Recreation has seen some growth, but stated it has been hard to teach classes have no room. We are growing and growing, and biggest complaint is when we not enough space. Need arts here in Oro Valley and a lot of families need room basketball, soccer, performances, etc. and should not be hanging out in for Nico's Taco Shop. She stated that Oro Valley will continue to grow and it is important to develop this park. Kathaleen Snell, Oro Valley resident, stated that this is such a wonderful opportunity to do what we want to do for the community and be a place of excellence. She explained that there is only one tennis court and they have to play out of town. She thanked the Council for the opportunity and stated that this is not a luxury but is a necessity for our families. Gary Forest, Oro Valleyresident, explained that he is Head Track and Cross Country coach at Ironwood Ridge High School. Atheletic excellence is in concert with Academic excellence. If theydon't get down to CDO Riverfront Park before park.5:00 a.m. there no is place to The long term visionary thinking suggests that this is good for the town. The Town has done a terrific job with roads and walking paths and facilities. Now it is time to give our youth what they need. Joyce Rychenet, Oro Valleyresident, stated that we have a great population of Oro Valleywith a lot of talented kids with sports and athletics. She youth in , that currentlykids do not have place to congregate other than Nico's or stated the Safeway parking Developing lot. Develo ing this park is not a luxury for our children to have a place to developtalents. She stated that she understands this will cost lots of money, but maybe just start small. Our youth have been waiting since 2001. 11/05/07 Minutes, Council Special Session 4 Bill Garner, Oro Valley resident discussed bed tax projections and shortfalls. He stated that he is not opposed to the entire project and there is need for additional recreational facilities, but he is not hearing overwhelming support for grandeur for thisp ark. He is looking for studies done by Parks & Recreation regarding current usage of parks and demographics of kids growing up. There is an overall cost driver especially for the "plug and play" option. He asked that the Council make sure to put in the correct facilities and infrastructures in our Parks. We do have infrastructure needs that we need to support. It is important that Finance look at other fees in the area. $8/$10 fees add up. Present big picture for everyone and not just focus on one entity. Dick Leonard, Oro Valley resident stated that he understands need for elegant operations, but in order to get this Park built quickly, wouldn't it make sense to lease property with developer and then provide developer with revenue tax sharing. Those that use the Park will pay for the Park. Make money by leasing land to developer. Robert Delaney, Oro Valley resident, stated we've studied this issue for many years and Parks has done a good job of figuring out what the community needs. whether we We are askingyou to put this on the ballot for the voters to decide want to spend our dollars to build this Park. There being no further speakers, Mayor Loomis recessed the meeting at 6:10 p.m. Meeting resumed at 6:16 p.m. In response to a request by Mayor Loomis, Finance Director Stacey Lemos reviewed the five elements included in her memorandum and explained how they are1rojected to be funded. Ms. Lemos reviewed the projected Capital programs p and bonds. Discussion followed regarding the proposed funding options and what to present to the voters, and, the public education outreach effort. MOTION: Mayor Loomis asked for a motion to select Option 2 as presented in the Report in the amount of$48 million and to prepare the formal call for November 08 Naranja Town site election. Council Member Gillaspie moved to proceed with Option 2 in the amount of $48 million dollars and directed staff to prepare the formal Call of Election for November 2008 byJanuary 2008. Vice Mayor Dankwerth seconded the motion. MOTION carried 4 - 3 with Council Member Parish, Council Member Carter and Mayor Loomis opposed. Council Member Parish asked to see the motion made by Council approving the education program for the Park. 11/05/07 Minutes, Council Special Session 5 ADJOURNMENT MOTION: A motion was made by Council Member Parish and seconded by Council Member Carter to adjourn at 7:50 p.m. MOTION carried, 7-0. Prepared by: Kathryn E. Cuvelier, CMC Town Clerk DRAFT MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION November 7, 2007 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION BEGAN AT 7:00 PM CALL TO ORDER AT 7:00 PM ROLL CALL PRESENT: Paul Loomis, Mayor Helen Dankwerth, Vice Mayor Paula Abbott, Council Member K.C. Carter, Council Member Barry Gillaspie, Council Member Al Kunisch, Council Member Terry Parish, Council Member PLEDGE OF ALLEGIANCE Mayor Loomis asked Boy Scouts from Troop 209 to come forward and lead the audience in the Pledge of Allegiance. UPCOMING MEETING ANNOUNCEMENTS - TOWN MANAGER Town Manager David Andrews presented the upcoming Town meetings. COUNCIL REPORTS Council Member Parish thanked Staff for their voluntary participation in the Walk for Breast Cancer. He also noted that he attended training in Alabama provided by the Homeland Security Department and the Center for Disaster Preparedness. The training is free and he encouraged Council Members to attend. DEPARTMENT REPORTS Town Engineer Craig Civalier reported that on November 14, 2007 there will be a Public Open House for the Municipal Operations Center Master Plan at 7:00 p.m. in the Hopi Conference room. 11/07/07 Minutes, Town Council Regular Session 2 TOWN MANAGER'S REPORT Town Manager David Andrews reported that the ribbon cutting ceremony for the First Avenue Widening Project would begin at 9:00 a.m. on November 8th. Mr. Andrews also reported that the City of Tucson's Proposition 200 had failed. He noted that the proposition would have set back the Regional Water Cooperation as well as the Town of Oro Valley's Water Utility. ORDER OF BUSINESS: Mayor Loomis moved Item 7 ahead of Item 3. CALL TO AUDIENCE Mayor Loomis proceeded to the Presentations as there were no speakers for the Call to the Audience. PRESENTATIONS 1. El Tour de Tucson Preview - Route and Schedule Founder of El Tour de Tucson Richard DiBonardis stated that November 17, 2007 would commemorate 25 years of this event. He thanked the Town of Oro Valley and the Oro Valley Police Department for their assistance and support through the years. He presented commemorative pins to the Mayor, Council, Staff and the audience. He stated that: • 1,500 cyclists from all over the world would take part in this event. • The Town of Oro Valley was depicted on the silver medallions which will be presented to the cyclists. • The 35 mile event would raise over 3 million dollars for local charities. • Pima County would have an economic impact of over 30 million dollars. 2. Presentation by the Animal Rescue Foundation (ARF) providing information about their services and mission Richard Paige spoke on behalf of the Animal Rescue Foundation. He stated that the Animal Rescue Foundation (ARF) 501c3 Organization was comprised entirely of volunteers and based out of the homes of volunteers. He noted that ARF fosters, on average, 175 animals continuously. He further noted that Council had assisted in teaming ARF with the Farmer's Market. Discussion clarified that: • All donations are tax deductible. • 95% of donations are used to care for the animals. • In-kind donations are accepted 11/07/07 Minutes, Town Council Regular Session 3 • Their greatest obstacle is the need for volunteers. • ARF would like to come before Council 2-3 times per year. 3. Thankyou ou to the Oro Valley Mayor and Council from Barbara Ironwood Ridge High School and Kathy Finuf, Canyon Del Gephart, g Oro High School for the Town's continued support of Project Graduation Co Co-chair of Project Graduation at Canyon del Oro High School (CDO) Kathy Finuf thanked Council for their support over the past 5 years. She stated that by 2008, 3,400 graduates between CDO and Ironwood Ridge High School will have participated safe and sober. Ironwood Ridge High School Event Chair Barbara Gephart assured Council that all funds raised were used for Project Graduation. CDO 2007 graduate and member of the Student Advisory Board for Project Graduation Genna Dryer thanked Council for their support. She noted that all aspects of the party were exceptional. Ironwood Current senior of RidgeHigh School Ryan Sonnenburg noted that Project Graduationsomething is that every senior looks forward to. He past Project DVD' of Project Graduation events to Council. It was clarified that: • The schools could take in-kind donations. • CDO will have a website soon with information on items they need o Currentlyinterested individuals can call the school for more information. • Ironwood Ridge High e Hi h School's website has information available. 4. Presentationby Lynnette L nnette Jaramillo, Executive Director and Agnes e Clinical Services Director from Casa de la Luz Hospice Poore, National Hospice Month and presentation of Proclamation regarding p declarin November as "National Hospice Month" by Mayor Loomis g y Casa de la Luz Executive Director Lynette Jaramillo thanked Mayor Loomis for declaring November as National Hospice Month. Ms. Jaramillo noted that: • In 2006, Casa de la Luz served 1,163 patients. he will serve 1,300 patients - most of which reside in Oro • In2007, t y Valley. • They were leaving pamphlets entitled The Five Wishes. It is an advanced directive that is offered without charge to all residents. • Bereavement services are offered to all in the community without charge. 11/07/07 Minutes, Town Council Regular Session 4 Mayor Paul Loomis presented a certificate to Casa de la Luz proclaiming November as National Hospice month. Council Member Abbott requested that Items G, J and M be pulled for discussion. MOTION: A motion was made by Council Member Parish and seconded by Council Member Carter approve the Consent Agenda with the exceptions of G, J and M. MOTION carried, 7-0. 1. CONSENT AGENDA A. Minutes - 10-3-07; 10-10-07; 10-17-07 B. Building Safety Activity Report - September 2007 C. Coyote Run Monthly Report - September 2007 D. Police Report - September 2007 E. Public Safety Fire and Emergency Medical Service Providers Quarterly Report to Council for July through September 2007 F. Resolution No. (R)07 - 119 Amending the contract for Professional Engineering Services to Kittelson & Associates, Inc. to increase the contract in the amount of$117,151.00 for the La Canada Drive Widening Project from Naranja Drive to Tangerine Road Project No. OV 30 04/05 27 G. Resolution No. (R)07 - 120 Authorizing and approving the execution of an Intergovernmental Agreement with the State of Arizona, Department of Transportation for the exchange of Surface Transportation Program (STP) Federal Funds to Highway User Revenue Funds (HURF) in the amount of $1,610,000.00 for the reconstruction of Naranja Drive from Shannon Road to La Canada Drive, Project No. OV 30 05/06 08 (PULLED FOR DISCUSSION) H. Resolution No. (R)07 - 121 Authorizing and approving the execution of an Intergovernmental Agreement with the State of Arizona, Department of Transportation for the exchange of Surface Transportation Program (STP) Funds for Highway User Revenue Funds (HURF) in the amount of $900,000.00 for the right-of-way purchase for the reconstruction of Tangerine Road from Shannon Road to La Canada Drive, Project No. OV 30 05/06 07. 11/07/07/07/07 Minutes, Town Council Regular Session 5 Resolution No. (R)07 - 122 Accepting the bid and award of contract to The I. Groundskeeper er in the amount of $64,392.00 for the Temporary Municipal Office Complex Landscape and Irrigation Project No. OV 30 04/05 22C, p p located on Rancho Vistoso Neighborhood 3, Parcel B J. Resolution No. (R)07 - 123 Authorizing and approving a construction contract with The Ashton Company, Inc., in the amount of $1,117,746.00 for the Hilton Golf Course Ponds as part of Phase 2, relining Reclaimed Water System and shown on Plan No. OV24-01-07 (PULLED FOR DISCUSSION) K. Resolution No. (R)07 - 124 Approving a contract with Management Partners, Inc. in the amount of $34,225 to conduct a management study of the Legal Department L. Resolution No. (R)07 - 125 Requesting that the Federal Emergency (FEMA) Management Agency withdraw the September 17, 2007, draft, g "Pima County Levee Failure Analysis" Floodplain Maps; and declaring an emergency. Resolution No. (R)07 - 126 Authorizing and approving a Police Facility M. Lease Agreement for a Police substation to be located at Oro Valley Marketplace (PULLED FOR DISCUSSION) G. Resolution No. (R)07 - 120 Authorizing and approving the execution of an Intergovernmental Agreement with the State of Arizona, Department of Transportation for the exchange of Surface p TransportationProgram Pro ram (STP) Federal Funds to Highway User Revenue Funds (HURF) in the amount of $1,610,000.00 for the reconstruction of Naranja Drive from Shannon Road to La Canada Drive, Project No. OV 30 05/06 08 TownEngineerCraig Civalier clarified that when moving funds from the Surface Transportation Funds (STP) to the Highway User Funds (HURF) that the Arizona p Department of Transportation (ADOT) charged a 10% fee to move the funds. He explained that the Town did not have the capability to handle the federal funds (STP). However, under HURF the Town can utilize and oversee the funds. MOTION: A motion was made by Council Member Parish and seconded by Council Member Abbott to approve Item G. MOTION carried, 7-0. J. Resolution No. (R)07 - 123 Authorizing and approving a construction contract with The Ashton Company, Inc., in the amount of 1110 for the Hilton Golf Course Ponds as part of $1,117,746.00relining 11/07/07 Minutes, Town Council Regular Session 6 Phase 2, Reclaimed Water System and shown on Plan No. OV24-01-07 It was clarified that relining the ponds was the Town's responsibility. MOTION: A motion was made by Council Member Parish and seconded by Council Member Kunisch to approve Item J. MOTION carried, 7-0. M. Resolution No. (R)07 - 126 Authorizing and approving a Police Facility Lease Agreement for a Police substation to be located at Oro Valley Marketplace It was clarified that: • Vestar would provide security to the Oro Valley Marketplace. • The Oro Valley Police Department (OVPD) substation would: o Be a place to process prisoners and administrative work. o Be completed for occupancy in September 2008. o Have a 10 year lease with a ten year option for renewal. ■ The leasor would be responsible for relocation costs if the OVPD were made to relocate. ■ The lease would be $1.00 per year for the first ten years. o Be funded by Capital Improvement Project funds in excess of $50,000. o Use existing staff and free up space at the Police station. • The Municipal Operations Complex (MOC) is scheduled to accommodate the OVPD in 2010. Oro Valley Police Chief Danny Sharp noted that the location of this substation was important as the Oro Valley Marketplace has been projected to be a heavy shopping area. The OVPD would have access to Tangerine Road and a presence in the area. MOTION: A motion was made by Council Member Carter and seconded by Council Member Kunisch to approve Item M. MOTION carried, 7-0. 2. UPDATE ON THE STEAM PUMP RANCH MASTER PLANNING PROCESS BY THE MASTER PLAN TEAM: POSTER FROST ASSOCIATES AND SAGE LANDSCAPE ARCHITECTURE Planning and Zoning Director Sarah More introduced Corky Poster of Poster Frost Associates. She noted that the next public meeting would be held January 10, 2008 and the next meeting with Council would be held December 19, 2007. 11/07/07 Minutes, Town Council Regular Session 7 Corky Poster and Drew Gorsky began their PowerPoint presentation with highlights from the first Steam Pump Ranch Task Force Meeting. The Scope of Work from May 2007 to April 2008 was defined as: • Community Input • Documentation and Plans • Cultural Resource Inventory • Master Plan • National Register Nomination Reasons why Steam Pump Ranch is important were noted as: • Location • Historical Context • Historic Landscape Inventory Steam Pump Ranch Guiding Principles: • Authenticity • Conform to preservation policies of Pima County • Appeal to broad range of visitors • Part of Santa Cruz Valley • Stories of the history of the ranch • Teach about ecology of landscape • Development of engaging programs would be critical to the success of the 4111. site • Partnerships • Economically sustainable • Stewardship Historic Treatment Alternatives: • The Preservation option focused on sustaining the existing condition of the historic property. (Preferred approach) • The Rehabilitation option focused on using the buildings for contemporary use, while maintaining historic integrity. • The Restoration option focused on repairing damage with authentic materials and possibly removing later additions. (most ambitious approach) • The Reconstruction option focused on using modern materials. (Last resort approach) Economic facts: • Location • Must maintain intact historic character • Must maintain sense of place • Limit intrusive new development • Maintain open space and site quality • Consider compatible economic uses • 11/07/07 Minutes, Town Council Regular Session 8 • Consider multiple markets and different times of the year. • Small site keeps operating costs low. Potential Economic Uses: • Heritage attraction • Not every building must be interpretive • Living history • Equestrian use compatible • Could implement restaurant/catering • Retail space • Open space Three Alternative Site Design Scenarios: 1) Eras of Oro Valley history - Rehabilitation approach - adapting the buildings for a new purpose 2) A Day in the Life (1944) - Preservation approach 3) Two periods: Pusch/Procter - Restoration approach Discussion ensued which clarified: • The Steam Pump Ranch Task Force preferred a hybrid plan combining aspects from categories A and C. • There were concerns in the community over commercial use. • Steam Pump Ranch would be recommended for nomination to the National Register of Historic Places. o Argument would need to be made for the property due to the fact that the ranch spans 15 acres. • Most historic ranches are much larger. Mayor Loomis recommended partnering with Catalina State Park. Discussion ensued that regarded Pima County turning over the Flood Control Land to this property. It was clarified that only preliminary conversations had taken place and that Pima County was aware that the Town has interest in the property. Mayor Loomis stated that: • The Town needed to move forward with this issue. • Pima County's intent to make this area part of the Steam Pump Ranch property needed to be identified on an agenda. • This information is needed in order to proceed with plans for the property. • Each building told a story. • Thought should be given to the buildings as stand atones. • The livestock element would not be a big attraction particularly for surrounding neighbors. Minutes, Town Council 11/07/07 Regular Session 9 Mayor Loomis called for a short recess at 8:45 p.m. The meeting resumed at 8:51 p.m. 7. RESOLUTION NO. (R)07 - 128 AUTHORIZING AND APPROVING THE CONTRACT WITH TISCHLERBISE, INC. TO CREATE NEW DEVELOPMENT IMPACT FEES SELECTED FROM OPTIONS LISTED IN B EXHIBIT "B" FOR THE FOLLOWING AREAS: POLICE, PARKS AND RECREATION, LIBRARY, MUNICIPAL FACILITIES AND EQUIPMENT, AND/OR TRANSPORTATON WITHIN THE TOWN TorySchlievert presented the PowerPoint presentation Management Assistant on Impact Fees. Scope of Work: • Feasibility/Cost of Service Study • Areas of Interest: o Police facilities o Street and transportation improvements o Parks and recreation facilities o Library facilities o Open space and riparian areas o Operational needs o Storm Water management • Based on land use, population data and established demand factors o TischlerBise compiled a comprehensive cost of service study as Phase I of this project. • Phase II would involve: o Creating g methodologies for formulating development impact fees Stormwater Fee: • Not considered due to the potential for a Stormwater Utility fee. • Impact fees collected would be credited back if a Stormwater Utility fee was in place. Results of Phase I Feasibility Study: • TischlerBise recommended fees for the following areas: o Transportation • Implement a transportation development impact fee • Recalibrate road development impact fee • Add vehicles/equipment and buildings component o Police ■ Implement a police development impact fee • Three likely components: • Land • Buildings • Vehicles and equipment 11/07/07 Minutes, Town Council Regular Session 10 • Higher level of service possible. o Parks and Recreation • Implement a parks and recreation development impact fee • Six likely components: • Land • Improvements • Recreational facilities • Trails/bike paths • Buildings • Vehicles and equipment o Libraries • Implement a library development impact fee • If expansion will occur in the next five-six years. • Three likely components: • Land • Buildings • Collection o Municipal Facilities and Equipment • Implement a municipal facilities and equipment development impact fee • Three likely components: • Land • Buildings • Vehicles and equipment Annual Revenue Potential !Residential Units i$1,000 3$2,000 1$3,000 $4,000 330 Residential Units/Year '$330,000 ;$660,000 $990,000 $1320000 Development Impact Fee Tasks Task Deliverable .......... ... ....... Memorandum DiscussingLand Use Recommend Land Use Assumptions 1 p Projections [Ascertain Demand Factors and Level of Service for Relevant Public Memoranda as appropriate ;Facilities Evaluate Different Allocation ;Memoranda as appropriate Methodologies °Identify Capacity Needs and Costs Memoranda as appropriate Complete Development Impact Fee ; Memoranda as appropriate Methodology and Calculation _._.�...�_.._...�.......... _.._....._...w...............�.�..�..�..�... ..M_�........w..Mw..w._.w.k___... .w...,... .M�..s ....w..�. ...._.�._...._.v.._....w.__.............�...._....�.w....V.._.�...�.._.�.�....._.__�.�_...._._,,..�..�...._._......_....._.......w.�, Conduct Funding and Cash Flow Cash Flow Analyses Reflecting Capital aAnalyses i Improvement Plan(s) and applicable Minutes, Town Council 11/07/07 Regular Session 11 ..................:............. :..................... . • .............. ........ ....:.... ... .:..... .... ...... mDevelopment Impact Fee Report Preparation aration of DeveopmenpDevelopment Impact Fee Report Fee Report 'Appropriate Materials and Graphics 1 Presentations/Meetings ........___.._..._...._ _._.___ __.______; Liaison Committee ttee (Optional) 'Appropriate Presentation Material Arizona Requirements: • 60 day notice-of-intent, release IIP and fee report to public • Public hearing • Adoption 30 days later • New fees go into effect 75 days later • development impact fee study process averages 4 months. Note: IIP and p p Op tion Area Price � . .... $11,300 1 IPolice .��.. ..._...��........�. .. .�. 12 [Parks and Recreation [$13,600 13 .....:.:. Library 4$ 6 500 -.__.µ_ !4 M- unicipal Fa..__..c.. .........t.....e.....__s..__...a__.._n_.._.�d E_......u..._.i._..... m...__.._.e........n.___.t $13,800 � • , 5 Transportation 19,60 ._._. . . 64 800_.:....... 1(iliwTOTAL 4 It was clarified that: • The current deliverable was a foundational report that explained the fees that could be possible for new growth. • No new fees were being adopted at this puncture. • Information wouldupdated need to be u dated if the decision to move forward with the fees were five years from now. • Impact fees were for capital investments only; not for services or maintenance. • There must be a direct benefit for residents. Southern Arizona Home Builders Association Government Liaison Alex Jacome stated that 9,000 houses were on the market in Tucson. Mr. Jacome noted that it was not the right time to create more fees during this economic downturn. He projected that the fees would make Oro Valley the most expensive area to build and/orpurchase urchase a home. He stated that the study noted that the Town overly relied on construction fees for revenue. He expressed his hope that Co give would consideration to enacting a property tax instead. Discussion noted: • The library is operating at capacity o There were no plans to expand the library on its current campus. 11/07/07 Minutes, Town Council Regular Session 12 • Residentially, the Town was built out 75-80%. • State land annexation timeframe is in conceptual planning process. MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Abbott to approve Resolution No. (R)07-128 authorizing and approving the contract with TischlerBise, Inc. to create new development impact fees report for all items; 1 through 5: Police, Parks and Recreation, Library, Municipal facilities and equipment, and Transportation. Ms. Schlievert clarified that commercial fees could not be imposed for Parks and Recreation purposes. She further noted that if the Council enacted the fees after receiving the results of Phase II, the cost of the study was incorporated in the impact fees and would be recouped. MOTION carried, 5-2 with Council Member Carter and Council Member Kunisch opposed. 3. PUBLIC HEARING - CONSIDERATION AND POSSIBLE APPROVAL OF AN APPLICATION FOR A SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR SASSO'S PIZZA & DELI LOCATED AT 12152 N. RANCHO VISTOSO BOULEVARD, SUITE 170 Thomas Arden took ownership of Sasso's Restaurant in August 2007. He stated that he was in the process of expanding the menu. Mayor Loomis opened the public hearing at 9:27 p.m. There being no speakers he closed the hearing. MOTION: A motion was made by Council Member Carter and seconded by Council Member Kunisch to approve the application for a Series 12 (Restaurant) Liquor License for Sasso's Pizza & Deli located at 12152 N. Rancho Vistoso Boulevard, Suite 170 MOTION carried, 7-0. 4. PUBLIC HEARING - ORDINANCE NO. (R)07- 40 AMENDING THE ORO VALLEY TOWN CODE, CHAPTER 15, ARTICLE 24, ADDING SECTION 13, STORMWATER UTILITY FEE SYSTEM, REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER Mayor Loomis requested to combine Items 4 and 5. Town Engineer Craig Civalier introduced members of the Stormwater Utility Commission and staff that were present. 11/07/07 Minutes, Town Council Regular Session 13 Vice-Chair Dave Parker presented the PowerPoint presentation. He began with an overview of the Stormwater Utility Commission (SWUC): • Five person volunteer commission comprised of public citizens appointed by Council • SWUC provides a forum to hear and recommend issues surrounding: o Bonds, expenses and service fees charged to assure: ■ Planning, design, construction, operation and maintenance of Stormwater facilities that safely drain ■ Control the quantity and quality of storm run-off • SWU is an enterprise of the Town which may issue bonds and prescribe service charges to support the utility. Quantity Issues related to: • Amount of water to be managed during and after rainfall • Minimizing any damage or disruptions caused by rainfall run-off Quality Issues related to: • Pollutants picked up by the water • Subsequent contamination of recharge waters, soils or vegetation Stormwater Management Program Goals: • • Meet Legal Requirements o Quality • Environmental Protection Agency (EPA) through the Clean Water Act (CWA) and National Pollutant Discharge Elimination System (NPDES) mandates that all Towns fewer than 100,000 citizens located in an urban area have a Stormwater plan. o Quantity • Federal Emergency Management Agency (FEMA) flood control rules and regulations must be met. • Accomplish Good Public Stewardship o Protect: • Life and health • Drinking water supplies • Protect property • Support Good Business Practices o Reduce: • Cleanup, maintenance and repair costs from damages • Major disruptions to business and residents impacting local economy Challenges: • Under funded - No dedicated funds • Reactive not proactive 11/07/07 Minutes, Town Council Regular Session 14 • Not as competitive within Flood Control District Projects Fee Initiative • SWUC Timeline o Began study on fee in 2003 o Tabled by Council in 2004 o Revised Fee Proposal presented to Council at Work Study Session in September 2006; additional questions from Council remained o Second Council Study Session, June 14, 2007; additional questions answered o Notice of Intent approved by Council October 3, 2007 Fee Structure • Stormwater service charge/fee related to service provided • Funds raised are strictly for Stormwater program • Fee is proportional to property's contribution to Stormwater runoff quality and quantity o Development with high percentage of impervious area, that drains to storm drains contribute most run-off and contaminants • Fee would be based on the number of Equivalent Residential Units (ERU) for the parcel • Standard ERU is 5,000 square feet of impervious surface area • Residential Fee Structure o Flat Fee ■ Utilized by majority of Stormwater Utilities in the country ■ Easily developed and applied ■ Hydrologically sound from contamination viewpoint o Fee Based on Multiples of ERU ■ Less utilized by Stormwater Utilities ■ Time consuming and costly to establish and maintain ■ Hydrologically justified from water discharge and erosion viewpoint • Non-Profits/Commercial Fee Structure o Multiple of ERU calculated by dividing the total impervious area by 5,000 o Totals ERU's nearest whole ERU using standard rounding o 25% maximum credit available for Stormwater education of First Flush technology ■ Owner must participate in annual Stormwater education program to receive credit. ■ Parcels with First Flush technology must maintain drain system as designed and approved by the Town. ■ Required to obtain rate reduction: • Annual application • One time application fee • Annual inspection with report of compliance Council 11/07/07 Minutes, TownRegular Session 15 Stormwater Utility Fee Start-up Expenses __.._..._..___._.._...._€ . ........_......_...._._.__.___. M u p l e Expense Items ERUa t e.,.�.... ..........: Revisions to W...�..ate.�.Mr.w�D.�..�e.�.�p..�t. Com._.._..�ute�...�r.��Billing .....�S._�.w...stew...,..m.................w....ww..w.+.+..........w...w....w;$15,000 $15,000 Computer Program for Non Oro Valley Water Customers $10,000 $10,000. Computations of ERU's 000 $ a 000 ........:..:... `Entering data into Water Dept. System $20,000 ......._......_._. ......... t� Mailing and Handling 1$ 5,500 5,500 --- .......... 'TOTAL {$75,000 x$40,500 _� �. w M . .. . Mr. Parker stated that billingwould be handled by the Oro Valley Water Utility. He noted that: • Customer service would be managed by the Public Works Department Stormwater Management Staff. • The national average fee is $3.90 per ERU. Budget Overview: • Scenario 1: Revenue: $482,000 Fee: $1.90/ERU/Month o Deliverables • Arizona Department of Environmental Quality (ADEQ) I tibi Regulatory Compliance • Inspection of detention and flow controlling structures p • Inspection and clean up of storm run-off into Town washes p ■ In teraction to ensure Pima County Regional Flood Control District (PCRFCD) and FEMA funds are distributed to Town • FEMA floodplain compliance • Up-to-date Engineering guidelines o Not Included ■ Lower level of Professional Service Funding • No extra funds to complete minor Capital Improvement Projects (CIP) • Improved road maintenance following storms • Vegetation management in Town washes • Minor damage repairs • Scenario 2: Revenue: $608,000 Fee: $2.40/ERU/MOnth o Deliverables: • Scenario 1 • Higher level of Professional services • Funds for a preliminary design • Storm road maintenance and minor damage g repairs %irk. • Funds for 1 temporary seasonal employee during monsoon season 11/07/07 Minutes, Town Council Regular Session 16 • Some minor CIP support • Funds for one project o Not Included • Funding for significant road maintenance and repairs after storms • Funding for vegetation control in Town washes • Scenario 3: Revenue: $735,000 Fee: $2.90/ERU/Month o Deliverables • Scenario 2 • Higher levels of Professional Services • Funds for one full design • Significant road maintenance and damage repairs following storms • Funds 2 temporary seasonal employees during monsoon season • Vegetation management and erosion control in Town washes • Funds 1 temporary employee for half the year for erosion damage repair • Additional minor CIP repairs o Not Included: • Funds to complete major CIP projects Public Works Department Stormwater Staff: • Division Manager (20%) (existing) • Stormwater Manager (new) • Stormwater Technician (existing) • Temporary Agency Employees (as needed) • Consultants (as needed) Fee Timeline: • October 2007 - Met with various residential, public and commercial groups • November 7, 2007 - Regular Council Meeting - Public Hearing/Approval • January 1, 2008 - Fee becomes effective • February 1, 2008 - First monthly bill is mailed for January 2008 TOV Water Department customers • April 1, 2008 - First quarterly bill is mailed for Non-TOV Water customers • July 1, 2008 - Fee fully funds Fiscal Year 2008-2009 SWM requirements Implementation Timeline: • September 24, 2007 - Purchased Billing Software Development • November 2007 o Begin ERU calculations o Begin entering customer accounts 11/07/07 Minutes, Town Council Regular Session 17 • December 1, 2008 - Begin hiring process for Stormwater Manager 11, • February 1, 2008 - First bills are mailed to collect for January SWUC Recommendations: • Stormwater Fee Structure o $2.90/ERU o Residential Rate - Flat for 1 ERU o Non-Profit Rate - Multiple of ERU using standard rounding o Commercial Rate - Multiple of ERU using standard rounding o Credits • 25% for Stormwater Education or First Flush Technology for Non-profit/commercial. • Stormwater Fee Implementation Schedule o Public hearing - November 7, 2007 o January 1, 2008 Utility Fee to become effective It was clarified that: • Commercial entities with Economic Development Agreements (EDA) were not exempt from this fee because it is a fee for service. • No requests would be made of the General Fund at the $2.90 rate. • Additional funding would be necessary at the $1.90 rate. o Public Works Street crews would be utilized instead of seasonal help. o Approximately $100,000 would come from the Highway Fund. Public Works Operations Division Manager Phil Trenary explained the responses of the various homeowner associations: • Believed that the determination for the fee was fair • Concerned that the funds should only be used for the Stormwater Utility. • Expected to see benefits from paying the fee. • Confusion over the fee being on the water bill. o Mr. Trenary stressed that this fee had nothing to do with the water department and that point needed to be clarified to the public. o The Water Utility Department would only collect the fee. Discussion noted that the $2.90 fee would remain at that rate for five years. Mayor Loomis opened the public hearing at 10:02 p.m. Oro Valley resident Doug McKee spoke in support of the Stormwater Utility fee at the rate of $2.90. He noted that Oro Valley contributed over $2 million to the Flood Control District and stated that Oro Valley should receive some of those funds back. 11/07/07 Minutes, Town Council Regular Session 18 Oro Valley resident Doug Hatfield stated that he had mixed feelings about the fee. He explained that he felt the floods were caused by improperly engineered streets. Alex Jacome of SAHBA noted that homeowners were consulted but developers were not. He asked Council to delay this decision for thirty days so that builders could review this fee. Oro Valley resident Jim Coffey stated that he supported the $2.90 plan and felt the fee would be worth it. Mayor Loomis closed the public hearing at 10:10 p.m. MOTION: A motion was made by Council Member Abbott and seconded by Vice Mayor Dankwerth to approve Ordinance (0)07-40 amending the Oro Valley Town Code Chapter 15, Article 24, adding Section 13, Stormwater Utility Fee System to include that all projects submitted to the Flood Control District will include requests for engineering costs to be reimbursed. Council Member Parish stated that he opposed this ordinance. He stressed that the fee would not stop roads from being flooded. MOTION carried, 6-1 with Council Member Parish opposed. 5. RESOLUTION NO. (R)07-127 ESTABLISHING THE BASE RATE FOR THE STORMWATER UTILITY FEE FOR THE FISCAL YEAR 2007/2008 Discussion defined impervious area as parking lots, roof tops, sidewalks; anything that does not absorb water. The total area is divided by 5,000 which determines the number of ERU's. It was further noted that: • Impervious area had been taken into account. • Flat fees applied to residences. • Commercial, Industrial and Non-Profit customers' fees are based on their impervious area divided by 5,000 to equal the number of ERU's and then multiplied by the rate, i.e. $2.90. Doug Hatfield, Oro Valley resident, was asked to return to clarify his question. Discussion determined that the impervious area of parking lots and rooftops would be billed to individual businesses or the owner of the parking lot and building. Homeowners' associations and apartment complexes would be consulted as to how they want the fee to be billed. MOTION: A motion was made by Council Member Abbott and seconded by Council Member Carter to approve Resolution (R)07-127 establishing the base rate for calculation of the Stormwater Utility Fee as $2.90 to go into effect 11/07/07 Minutes, Town Council Regular Session 19 January 1, 2008 and establishing a one-time application fee for a credit or reduction in the monthly fee for non-residential uses as $100.00 Discussion followed regarding: • Which rate should be implemented • Reviewing the rate and the effectiveness of the SWUC annually • Differentiation between the Flood Control District Fee paid to Pima County and the SWUC Fee. MOTION carried, 5-2 with Council Member Gillaspie and Council Member Parish opposed. Mayor Loomis recessed the meeting at 10:35 p.m. The meeting resumed at 10:44 p.m. Council Member Kunisch left the meeting during the recess. 6. PUBLIC HEARING - ORDINANCE NO. (0)07- 41 AMENDING CHAPTER 15, WATER CODE OF THE ORO VALLEY TOWN CODE, SECTIONS 15- 11, 15-1-3, - 15-2-2 15-2-3, 15-2-4, 15-5-1, 15-5-3, 15-6-1, 15-7-1, 15-12-4, 15-15-6 AND 15-16-5; AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; AND PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER Explanation: The proposed changes are clarifications to update the Code, p p p assure Code compliance and operate under the Code more efficiently. Mayor Loomis opened the public hearing at 10:47 p.m. There being no speakers, y p he closed the public hearing. MOTION: A motion was made by Vice Mayor Dankwerth and seconded by Council Member Parish adopt Ordinance (0)07-41. MOTION carried, 6-0. 8. TOWN OF ORO VALLEY DEVELOPMENT REVIEW FEES UPDATE - PROGRESS REPORT Finance Director Stacey Lemos stated that her presentation was an update for Council on the Staffs work on Development Review fees. She noted that Staff had been working Engineering En ineering and Environmental Consultants (EEC) to review data compiled in various development review scenarios and compare the Town of Oro Valley with other local municipalities. 11/07/07 Minutes, Town Council Regular Session 20 3 Residential Scenarios: 1)20 Lot subdivision 2)100 lot subdivision 3)400 lot subdivision 3 Commercial Scenarios: 1)50,000 square feet of space developed 2)100,000 square feet of space developed 3)1,000,000 square feet of space developed The data compiled was analyzed to compare fees charged for the following Development Plan fees: • Development Plan • Preliminary/Tentative Plat • Landscape Plan • Native Plant Preservation Plan • Final Plat • Paving, Grading, Sewer Plans • Stormwater Pollution Prevention Plan • Grading Permit Ms. Lemos noted that based on three years of data, the Town of Oro Valley had less than a 50% cost recovery rate on Development Review budgets alone. Discussion followed regarding: • Charging for repetitive reviews • Research what percentage of plans are returned 3-4 times • Bringing fees in line with cost recovery Council Member Gillaspie directed Staff to continue working on this issue. He recommended having cost incentives in place for plans to be submitted in proper form. Mr. Civalier noted that there were plans in motion to upgrade software to track the number of plan submittals more accurately. Council Member Abbott requested that Staff research the percentages of the number of submittals for the Towns of Marana and Sahuarita. 9. FUTURE AGENDA ITEMS (The Council may bring forth general topics for future meeting agendas. Council may not discuss, deliberate or take any action on the topics presented pursuant to ARS 38-431.02H) Council Member Gillaspie directed Staff to return with ordinance amendments to make the Development Review Board (DRB) meetings, public meetings, and that notification for DRB meetings be 600 feet. This motion was seconded by Council Member Abbott. s Town Council 11/07/07 Minutes, Regular Session 21 CALL TO AUDIENCE - There were no speakers. ADJOURNMENT MOTION: A motion was made byCouncil Member Carter and seconded by Council Member Parish to adjourn. MOTION carried, 6-0. The meeting adjourned at 11:09 p.m. Prepared by: Christina Pickering Office Specialist I hereby certify that theforegoing fore oin minutes are a true and correct copy of the Nap minutes of the regular session of the Town of Oro Valley Council of Oro Valley, Arizona held on the dayof 2007. I further certify that the meeting was duly called and held and that a quorum was present. Dated this day Y of , 2007. Kathryn E. Cuvelier, CMC Town Clerk Minutes Town of Oro Valley Council and Management Training/Retreat Sun City Vistoso Community Center Navajo Room p 1565 E. Rancho Vistoso Boulevard Oro Valley, Arizona Friday, November 9, 2007 2:00 p.m. - 8:00 p.m. CALL TO ORDER: AT OR AFTER 2:00 PM PRESENT: Paul Loomis, Mayor Helen Dankwerth, Vice Mayor Paula Abbott, Council Member Kenneth Carter, Council Member Barry Gillaspie, Council Member Al Kunisch, Council Member EXCUSED: Terry Parish, Council Member ALSO PRESENT: David Andrews, Town Manager Jerene Watson, Assistant Town Manager Sandra Abbey, HR Director Craig Civalier, Town Engineer/Public Works Director Kathryn Cuvelier, Town Clerk George Dunscomb, Town Magistrate Sarah More, Planning & Zoning Director Sue Novelli, Constituent Services Coordinator Ainsley Reeder, Parks & Recreation Director Philip Saletta, Water Utility Director Tobin Sidles, Acting Town Attorney Suzanne Smith, Building Official Tory Schlievert, Management Assistant OPENING REMARKS BY MAYOR LOOMIS Mayor Loomis welcomed the Council members and members of staff. A Training Seminar and discussion of the following items listed below was conducted by David Rabiner, Rabiner Resources. Maximizing Council/Management Effectiveness • Understanding Working Styles • The Elements of Influential Leadership • The Qualities of Good Working Partnerships • Turning Values into Virtues: The Sequence of Principled Actions • Validation: The Ultimate Listening Skill • Building and Maintaining Trust Ihipp ADJOURNMENT - Seminar adjourned at 8:00 p.m. 11-09-07 Minutes, Council Retreat 2 Prepared by: Kathryn Cuvelier, CMC Town Clerk MINUTES ORO VALLEY TOWN COUNCIL SPECIAL SESSION 4CL. . <1/4 c-c‘N' NOVEMBER 13, 2007 ORO VALLEY TOWN COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE EXECUTIVE SESSION AND SPECIAL SESSION WILL BE HELD IN THE KACHINA ROOM DUE TO THE DEVELOPMENT REVIEW BOARD MEETING PREVIOUSLY SCHEDULED IN THE TOWN COUNCIL CHAMBERS SPECIAL SESSION - AT OR AFTER 3:00 p.m. CALL TO ORDER: 3:00 p.m. ROLL CALL Present: Paul Loomis, Mayor Helen Dankwerth, Vice Mayor Kenneth Carter, Council Member Barry Gillaspie, Council Member Al Kunisch, Council Member Absent: Paula Abbott, Council Member Excused: Terry Parish, Council Member • EXECUTIVE SESSION - AT OR AFTER 3:00 p.m. MOTION: A MOTIONby was made Vice Mayor Dankwerth and SECONDED by Member Carter to go into Executive Session pursuant to ARS 38- 431.03(A)(1), 8- Council 1 discussion and consideration of applicants for the Town Attorney 431.03(A)( ), position. MOTION carried 5 - 0. In addition to the Mayor and Council, Town Manager David Andrews, Assistant Town Manager Jerene Watson and Human Resources Director Sandra Abbey attended the Executive Session. A Dinner Break was taken from 5:05 p.m. to 5:55 p.m. ADJOURN EXECUTIVE SESSION: MOTION: Aby MOTION was made Vice Mayor Dankwerth and SECONDED by Council Member Carter to go out of Executive Session at 8:33 p.m. MOTION carried 5 - 0. RESUME SESSION OPENED TO THE PUBLIC - 8:35 p.m. 1. REVIEW AND POSSIBLE ACTION TO SELECT A TOWN ATTORNEY MOTION: Vice Mayor Dankwerth MOVED to direct the Town Manager and Resources Director to thoroughly�r�,,,,„ Human check additional references for Tobin information would preclude making an offer, negotiations should Rosen, and if no 11/13/07 Minutes, Council Special Session 2 be opened to make an offer to Tobin Rosen for the position of Town Attorney. MOTION SECONDED by Council Member Carter. MOTION carried 5 - 0. ADJOURNMENT MOTION: Council Member Carter MOVED to adjourn the special meeting at 8:37 p.m. MOTION SECONDED by Council Member Kunisch. MOTION carried 5 - 0. Prepared by: Kathryn E. Cuvelier, CMC Town Clerk I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the special session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 13th day of November 2007. I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of , 2007. Kathryn E. Cuvelier, CMC Town Clerk DRAFT MINUTES ORO VALLEY TOWN COUNCIL TOWN COUNCIL STUDY SESSION NOVEMBER 14, 2007 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE CALL TO ORDER - 5:32 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Helen Dankwerth, Vice Mayor K.C. Carter, Council Member Barry Gillaspie, Council Member Al Kunisch, Council Member Terry Parish, Council Member EXCUSED: Paula Abbott, Council Member 2. REVIEW OF PROPOSED REVISIONS TO ARTICLE 3-4 PROCUREMENT OF THE ORO VALLEY TOWN CODE Item 2 was moved forward on the agenda. Procurement Administrator Brian Garrity reviewed a PowerPoint presentation regarding the proposed revisions to the Town's Procurement Code, Article 3-4. He explained that changes in business practices, economic climate and modifications to Arizona Revised Statutes relating to procurement make revising the Code necessary. He further explained that the proposed Code is drafted based on the American Bar Association's 2000 Model Procurement Code for State and Local Governments. He then highlighted the following: - Article I, General Provisions - Outlines general rationale and applicability to the Code. - Clarifies Town Procurement functions. - Provide confidence to the general public in the Town's procurement activities. - Contains definitions for terms. - Key considerations - None. - Article II - Procurement Organization - Designates Procurement Agent for the Town. - Defines duties for the Procurement Agent. - Key Considerations - Procurement authority changes from Town Manager to Procurement Administrator. 11/14/07 Town Council Study Session 2 Article III - Source Selection and Contract Formation - Defines methods of source selection (Competitive sealed bids, Competitive sealed proposals, small purchases, sole source, emergency and special procurements) - Defines requirements and solicitations for each method. - Provisions for public notice, cancellation or rejection and contract award. - Key Considerations 1) Electronic posting for public notices. 2) Processes for late offers, correction or withdrawal of offers and cancellation of awards. 3) Tax Offset Policy - Provides an advantage for Oro Valley businesses in competitive sealed bids. 4) Increases small purchase threshold to $2,500. 5) Ties formal procurement threshold to State of Arizona ($50,000) - Conforms to dollar value of capital project. 6) Removes requirement for Council approval - Already approved in Budget and CIP process. - Significantly improves time of award. 7) Prvi i ns for sole source,e emergency and special procurements. - Article IV - Specifications - Promotes maximum competition in solicitations and limits use of specifications that restrict competition. - Key Considerations - None. - Article V - Procurement of Professional Design Services, Construction and Construction Services - Defines and allows for use of Alternative Project Delivery Methods. - Key Considerations - Allows use of Job Order Contract (JOC), Construction Manager at Risk (CMAR) and Design Build (DB). - Article VI - Contract Terms and Conditions - Town shall incorporate terms and conditions in each contract that define the rights and responsibilities of each party. - Key Considerations - None. - Article VII - Cost Principles - Procurement Agent shall establish cost principles which shall be used to determine the allowability of incurred costs reimbursed under contract. - Key Considerations - None. - Article VIII - Materials Management - Provides Procurement Agent authority to establish guidelines for the sale or disposal of surplus property. - Key Considerations - Allows for use of electronic auctions (web-base). 11/14/07 Town Council Study Session 3 - Article IX - Legal and Contractual Remedies - Defines procedures for solicitation protests, award protests and contract claims. - Key Considerations - Increases public confidence and provides administrative procedure for protests and claims. - Article X - Cooperative Procurement - Authorizes the Town to participate in, sponsor or administer a cooperative agreement with any public procurement unit or not-for-profit entity. - Key Considerations - Allows for broadest use of cooperative contracting and is in accordance with Arizona Revised Statutes. Discussion followed regarding: - Items excluded from Procurement Administrator's purchasing domain include grants or donations awarded by Council, Federal assistance or contract monies or items subject to State law, grants, gifts, cooperative agreements and development or financial participation agreements or contracts for municipal improvement districts. - Police cars are currently purchased on a State Cooperative Contract so they do not come through the formal procurement procedure. (Currently working on new process with Police Department that would save the Town $2000 per car and $4000 per SUV). - Items not approved as a capital improvement project - if funds are not allocated the request would have to come back to the Council and Finance Director for approval. (Items approved in the budget can be purchased through the procurement process). - Dollar thresholds for procurement procedures. - Tax Offset for Oro Valley businesses. - Alternative Project Delivery Methods - Construction Manger at Risk (CMAR), Job Order Contracting (JC) and Design Build - Criteria for defining Oro Valley based businesses (where sales tax is collected would be main consideration). - ERP system - Institution of P-Card (Purchase Card) program. - On-line auctions for disposal of Town vehicles, etc. - Ability to cancel all awards or solicitations if funding is not available. - Special procurements and Emergency procurements. - Procurement Administrator to provide reports to Council. 1. NORTHERN PIMA COUNTY CHAMBER OF COMMERCE PRESENTATION AND DISCUSSION Jerry Bustamante, President of the Northern Pima County Chamber of Commerce (NPCCC), addressed the Council and highlighted the following: - Mission Statement (To serve, promote and protect its members and the business community of northern Pima County). �"' — Membership Analysis and demographics of the Chamber 11/14/07 Town Council Study Session 4 -Leadership of the NPCCC (17 volunteer member Board of Directors) - Program of Work - Networking Program - Promotion of Members - Involvement in Government Affairs - Member of the Southern Arizona Chamber of Commerce Alliance (SACCA) of which 8 Chambers are members. - Annual Special Events (Portion of benefits go back to the community) - Future of NPCCC: - Continued Growth - Investment in new technology to better serve and promote members - New building for the NPCCC ADJOURNMENT MOTION: A motion was made by Council Member Parish and seconded by Council Member Gillaspie to adjourn at 6:50 p.m. MOTION carried, 6-0. 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La Canada Dr. �'�ren � ! •:�+ ��,x P Oro Valley, Arizona 85737 `SOLI �� s , )�..... _,,T;;= , x ` Phone (520) 229-4900 FAX (520) 797-2616 A xa� F� www.ovpd.org DANIEL G. SHARP, Chief of Police K, 4 r> fir, 1t* UNDEDAg ORO VALLEY POLICE DEPARTMENT "FAIRNESS, INTEGRITY, EXCELLENCE" MEMORANDUM TO: Honorable Mayor Paul Loomis & Oro Valley Council Members FROM: Chief Daniel G. Sharp REF: October 2007 Statistics DATE: November 13, 2007 11111, Please find attached the captured statistics for the Oro Valley Police Department for October 2007 plus Citation/Warning totals for the previous month. Also included are the response times for dispatched priority 1-4 calls and a historical review of the past 3 years of statistics for the month captured U LU 0 #./ O - Z 'llt : - O- O- ti CO- O- - N' 'Cr O+ - - : O CO O- gi O N- O CO Lf) 00 t() N. 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O c c a) a) a) a) a..c c Q•- Z .�.. }. .� N cc c c N E E W c c c .� o000 •E •E E EceOO EEEE _ vA T. 000o � vn NCD(V CO O r r- N (Ni ,•, +�+ V AV A +- V A V A O L I < d. a a) v, a a) N W El-- _E _ E- E = Ts 0 co 1 F- 0 ~ U OCU ID c0 a) — NCI. > ca c. > W N �, o lip V L 0 E- F- 0 F- _ 1- a) J _ 0 o 0 0 0 \ o 0 0 0 � � o 0 � o o �n Lr) o 0 o 0) r- Co co co co . d) O ,- O >- W0 ca J CV 00 co N U co M N CO Q .+- -t- N T- O I� � � CO 4-- N N ON � N N � N tt7 > O � N • O * CNI O _CD cn a) a) to a) (1) C -. c ++ o u)0 a) a) a) a) Q c c c • •E Q.. ' CCC c c .c .c ow EE ,�, - V A Min to V A c� I >▪ '+ V AV n 0 Z V A V A p L .0 a) F- •0 a) ~ L L . .E • a) N a H a) v) F-- E — E = o 0 0 0 (D O_ > ,O Q > 0 F� F= 0 _1--- _1- D TOWN OF ORO VALLEY vow JUNCIL COMMUNICATION MEETING DATE: DECEMBER 5,2007 TO: HONORABLE MAYOR AND COUNCIL FROM: DANIEL G. SHARP,CHIEF OF POLICE SUBJECT: RESOLUTION (R)07- 129 APPROVING THE INTERGOVERNMENTAL AGREEMENT (IGA) WITH CANYON DEL ORO HIGH SCHOOL (CDO) OF THE AMPHITHEATER UNIFIED SCHOOL DISTRICT NO. 10. SUMMARY: Request is being made to finalize an Intergovernmental Agreement with Amphitheater Unified School District No. 10 for one (1) School Resource Officer at Canyon Del Oro High School (CDO). The agreement provided for salary and travel in the amount of$45,573.00 for one(1)Town of Oro Valley Police Department officer. The Agreement's effective dates are July 1, 2007 to June 30, 2008. This Agreement may be renewed for an additional one(1)year period upon written agreement of both parties. FISCAL IMPACT: FY 2007/2008 budget= $45,573.00 TTACHMENTS: 1. Resolution No.(R) 07-129 2. Exhibit"A" Intergovernmental Agreement for signatures. RECOMMENDATIONS: Acceptance is recommended. SUGGESTED MOTION: I move that Resolution No. (R)07-129 be adopted. Daniel G. Sharp, Chief Police (La. David L. Andrews, Town Manager • RESOLUTION NO. (R) 07- 129 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE AMPHITHEATER UNIFIED SCHOOL DISTRICT NO. 10 OF PIMA COUNTY AND THE TOWN OF ORO VALLEY FOR ONE SCHOOL RESOURCE OFFICER (SRO) AT CANYON DEL ORO HIGH SCHOOL (CDO). WHEREAS, the Town of Oro Valley is a municipal corporation within the State of Arizona and is vested with all the rights, privileges and benefits and is entitled to the immunities and g granted tions to municipalities and political subdivisions under the laws of the State of Arizona; and WHEREAS, p ursuant to A.R.S. § 11-952, the Town of Oro Valley is authorized to enter into or renew agreements for joint and cooperative action with other public agencies; and WHEREAS, p ursuant to A.R.S. § 15-342(13), the Amphitheater Unified School District No. 10 is authorized to enter into agreements with governing bodies as provided in A.R.S. § 11-952; and WHEREAS, p ursuant to A.R.S. § 9-240 (B)(12), the Town of Oro Valley is authorized to establish and maintain the Oro Valley Police Department; and WHEREAS, the Town of Oro Valley desires to enter into an Intergovernmental Agreement (attached hereto as Exhibit "A") with Amphitheater Unified School District No. 10 of Pima County for one (1) SRO at CDO; and WHEREAS, it is in the best interest of the Town to enter into the Intergovernmental Agreement, attached hereto as Exhibit 'A' and incorporated herein by the reference, in order to set forth the terms and conditions to provide for the health, safety and welfare of the residents in the Town of Oro Valley. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA AS FOLLOWS: SECTION 1. That the Intergovernmental Agreement (attached hereto as Exhibit 'A') between the Town of Oro Valley and the Amphitheater Unified School District No. 10 is hereby approved. SECTION 2. That the Mayor, Chief of Police and other administrative officials are hereby authorized to take such steps as necessary to execute and implement the terms of the Intergovernmental Agreement. \\Ovpd2k2\Admin\CSM\Grant Info\Amphi SRO\Resolution for CDO SRO doc Oro Valle}Attorne}'s Office/ch/102407 Le., PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 5th day of DECEMBER , 2007. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Tobin Sidles, Interim Town Attorney Date Date 41111 vimPP Page 2 of 2 • EXHIBIT "A" INTERGOVERNMENTAL AGREEMENT INTERGOVERNMENTAL AGREEMENT 111101, BY AND BETWEEN THE TOWN OF ORO VALLEY (ON BEHALF OF THE ORO VALLEY POLICE DEPARTMENT) AND AMPHITHEATER UNIFIED SCHOOL DISTRICT NO. 10 OF PIMA COUNTY, ARIZONA This Intergovernmental Agreement is entered into pursuant to Arizona Revised Statutes, 11-951 and 15-341(13), between the TOWN OF ORO VALLEY, a municipal corporation and political subdivision of the State of Arizona, hereinafter referred to as the "TOWN," and AMPHITHEATER UNIFIED SCHOOL DISTRICT NO. 10 OF PIMA COUNTY, ARIZONA, a political subdivision of the State of Arizona, hereinafter referred to as the "DISTRICT." WHEREAS, the DISTRICT operates Canyon del Oro High School; and WHEREAS, Canyon del Oro High School serves a large segment of the TOWN's population; and WHEREAS, the DISTRICT is required to hold students to account for their conduct based upon standards under state law and school district regulations, including the requirements ikily of A.R.S. § 15-341; and WHEREAS, the DISTRICT employs school administrative and security personnel, whose job functions are benefited and supported by law enforcement personnel; and WHEREAS, the TOWN has budgeted for and anticipates providing one full-time School Resource Officer ("SRO") to Canyon del Oro High School to promote good citizenship and community responsibility among the students by reducing school violence, drug abuse, and enhancing acceptable social behavior; and WHEREAS, the DISTRICT has previously requested SRO services from the TOWN; and WHEREAS, the DISTRICT has requested this program start for the 2007-2008 academic school year, and desires that such a program continue throughout the school year; and WHEREAS, the TOWN and the DISTRICT have determined that it is in the best interests of each to enter into this Agreement; NOW THEREFORE, the TOWN and the DISTRICT, in consideration of these covenants and conditions hereinafter stated, and the faithful performance thereof, do mutually agree as follows: Section I. The purpose of this Agreement is to set forth in writing the Agreement for the Town of 'god Oro Valley Police Department to provide one SRO for Canyon del Oro High School. Section II. A. The SRO shall fulfill his/her duty as a sworn law enforcement officer for the State of Arizona. B. No district or site administrator shall interfere with the duties of the SRO as a sworn law enforcement officer. Section III. A. All entities shall accept the School Safety Program guidelines. B. The roles and responsibilities of all entities shall be accepted as established by the School Safety Program guidelines, set forth as: (1) SRO Recommended Qualifications and Recommended Job Description (2) PO Recommended Qualifications and Recommended Job Description (3) The Hiring Process Nod (4) Officer Training (5) 10 or 12 Month Position (6) Summer/Intersession Activities (7) The Appeal Procedure (8) Performance Evaluation C. The initial term of this Agreement shall commence on the date this agreement is recorded with the Pima County Recorder, and shall end on the June 30, 2008. This Agreement may be renewed for an additional one (1) year period upon written agreement of both parties. D. Either party may terminate this Agreement with at least thirty (30) days written notice prior to the end of the term. This Contract is subject to the provisions of A.R.S. §38- 511 which provides in pertinent part that the state, its political subdivisions or any department of either may, within three (3) years after its execution, cancel any contract, without penalty or further obligation, made by the state, its political subdivisions, or any of the departments or agencies of either if any person significantly involved in initiating, negotiating, securing, drafting or creating the Contract on behalf of the state, its political subdivisions or any of the departments or agencies of either 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 Ned 2 any apart to other to the Contract with respect to the subject matter of the Contract. Section IV. A. The TOWN shallp rovide to the DISTRICT, and specifically Canyon del Oro High School, one full-time SRO for the 2007-2008 school year. B. The TOWN shallp rovide the necessary materials for the completion of the SRO program. C. The TOWN shall notify the DISTRICT of any legal action initiated against the TOWN in accordance with the terms of this Agreement. D. The TOWN shall permit the DISTRICT's school officials and security personnel to enforce school and DISTRICT rules with respect to the conduct of students. E. The TOWN shall obtain and maintain for the duration of this Agreement, general public liability insurance in the amount of One Million ($1,000,000.00) dollars per occurrence, and One Million Five Hundred ($1,500,000.00) dollars aggregate. The TOWN shall be responsible for payment and renewal of the policy. liktor Section V. A. The DISTRICT will provide assistance to the SRO whenever enforcement action is necessary. Such assistance will be determined by the local school administration. B. The DISTRICT shall provide office space for the SRO that provides privacy for the conduct of confidential business. The office space shall include the necessary equipment for an officer to effectively perform assigned duties, i.e., telephone, desk, chair, filing cabinet, up-to-date computer and printer as provided in the grant. C. The DISTRICT shall provide a complete copy of the grant application and award to the SRO by July 31St or as soon as the officer begins services at the site. D. The DISTRICT shall provide assistance to the SRO in scheduling education classes and related activities as necessary. The DISTRICT shall send the officer annually to law-related education training and provide for all related travel expenses as provided in the grant. E. The DISTRICT shall reimburse the TOWN for expenses incurred by the SRO in performing his/her duties at Canyon del Oro High School, as provided: 3 (1) Salary: $45,173.00; (2) Supplies: $0.00; (3) Travel: $400.00. F. The DISTRICT shall reimburse the TOWN for expenses within thirty (30) days of receipt of the invoice from the law enforcement/probation department. G. The DISTRICT shall pay late fees as established between the DISTRICT and law enforcement/probation department and denoted in the Service Agreement. Late fees shall not be paid from School Safety Grant funds. H. The DISTRICT shall obtain and maintain for the duration of this Agreement, general public liability insurance in the amount of One Million ($1,000,000.00) dollars per occurrence, and One Million Five Hundred ($1,500,000.00) dollars aggregate. The DISTRICT shall be responsible for payment and renewal of the policy. Section VI. Each party is performing its duties hereunder independently, and not as an agent or employee of the other party, and is supplying its own employees, maintaining its own insurance and handling all of its own internal accounting. Neither party to this Agreement controls, directs or has any direct responsibility for the actions of the other -.4•00 party, its officers, agents, or employees. Section VII. This is the entire Agreement between the parties. If any portion of this Agreement is later found to be invalid or unenforceable, such portion shall be null and void and without any effect on the rest of the Agreement, which shall continue in full force and effect. This Agreement may be altered only by a duly executed Agreement. Section VIII. This Agreement shall not take effect until it has been filed with the Pima County Recorder pursuant to ARS § 11-952(G). Section IX. The parties to this Agreement shall comply with all federal, state, and local laws, rules, regulations, standards and Executive Orders, without limitation to those designated 'void 4 within this Agreement. The laws and regulations of the State of Arizona shall govern the rights of the parties, the performance of this Agreement and any disputes hereunder. Any action relating to this Agreement shall be brought in an Arizona court. Section X. If thearties litigate anYportion of this Agreement, the unsuccessful party will p g reimburse the successfulart for all legal costs and fees incurred as a result of the p Y litigation (including preparation). IN WITNESS WHEREOF the parties, by their respective officers duly authorized, have executed this Agreement. TOWN OF ORO VALLEY AMPHITHEATER UNIFIED SCHOOL DISTRICT NO. 10 of PIMA COUNTY /, MAYOR Paul Loomis SUPERINTE Vicki Balentine ATTEST: ATTEST: Kathryn Cuvelier Town Clerk Cie nt, Administrative Assistant 5 INTERGOVERNMENTAL AGREEMENT DETERMINATION The foregoing Agreement between the Town of Oro Valley and Amphitheater Unified School District No. 10 has been reviewed pursuant to A.R.S. § 11-952 by the undersigned, who has determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona. Town Attorney, Town of Oro Valley Date Amphitheater Public Schools Stow Intergovernmental Agreement Determination of Legal Counsel Agency Name(s): Pima County Juvenile Court Effective Date: Upon recording with Pima County Recorder Termination Date: June 30, 2008 Renewal: By agreement Purpose: To provide for the furtherance of the goals of the "School Safety Program" and utilization of the services of school resource officers at Canyon del Oro High School Recording/Submission: Pima County Recorder Pursuant to A.R.S. § 11-952(D), I have reviewed the above referenced Intergovernmental Agreement and have determined it to be in proper form and within the power and authority granted to Amphitheater Public Schools under the laws of Arizona. DATED THIS SDAY OF October, 2007. L>e Ar - Todd A. Jaeger,Es•. IIIV General Counsel Associate to the Superintendent TOWN OF ORO VALLEY Page 1 of 1E COUNCIL COMMUNICATION MEETING DATE: December 5, 2007 TO: HONORABLE MAYOR & COUNCIL FROM: Amanda Jacobs, Economic Development Specialist SUBJECT: Resolution No. (R) 07 - 1 30 Repealing Resolution No. (R) 99-79A, Lodging Industry Incentive Guidelines SUMMARY: At the Wednesday, October 24, 2007 Study Session, the Mayor and Council discussed the existing Lodging Industry Incentive Guidelines. The discussion focused on policy issues related to economic incentives including the necessity for market intervention and the broader Town considerations. ATTACHMENTS: 1. Resolution No. (R) 99-79A, Lodging Industry Incentive Guidelines 2. Resolution No. (R) 07 - 130 Repealing Resolution No. (R) 99-79A, Lodging Industry Incentive Guidelines. SUGGESTED MOTION: 1. I move to repeal Resolution No. (R) 99-79A, Lodging Industry Incentive Guidelines; or 2. I move that the Mayor and Council instruct staff to draft an updated Lodging Industry Incentive Guidelines. anda Jacobs, nomic Development Specialist David Andrews, Town Manager RESOLUTION NO. (R) 07- 130 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE ORO VALLEY, ARIZONA,OF REPEALING RESOLUTION NO. (R) 99-79A, LODGING INDUSTRY INCENTIVE GUIDELINES. WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona vested with all associated rights, privileges and benefits and is entitled to the immunities and exemptions granted municipalities and political subdivisions under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, on August 4, 1999, the Mayor and Council approved Resolution No. (R) 99-79A, adopting "Lodging Industry Incentive Guidelines"; and WHEREAS, the Mayor and Council desire to repeal Resolution (R) 99-79A, "Lodging Industry Incentive Guidelines". NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: SECTION 1. Resolution No. (R) 99-79A, adopting that certain document known as the "Lodging Industry Incentive Guidelines", is hereby repealed. SECTION 2. All Oro Valley Ordinances, Resolutions, or Motions and parts of Ordinances, Resolutions or Motions of the Council in conflict with the provisions of this Resolution are hereby repealed. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 5 C lay of DECEMBER , 2007. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Tobin Sidles, Interim Town Attorney Date: Date: C:\Documents and Settings\ajacobs\Local Settings\Temporary Internet Files\OLK2A\Repeal Resolution 99-79A-Industry Incentives Policy.doc Town of Oro Valley Attorney's Office/ca/103107 RESOLUTION NO. (R) 99 - 79 A • A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, ADOPTING A LODGING INDUSTRY INCENTIVES POLICY/GUIDELINE. WHEREAS, the Town of Oro Valley has identified expansion of the lodging industry as highly desirable and well supported by the community, and; WHEREAS, the existing Community Economic Development Strategy states that one major action step desired is the development and adoption of a Business Incentive Policy, and; WHEREAS, the existing Community Economic Development Strategy further states that the Town may from time to time wish to use some form of incentives to attract or retain desirable businesses, and; WHEREAS, the Town of Oro Valley recognizes the importance of developing guidelines that include similar considerations for existing businesses as those that apply to the attraction of new desired businesses; NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: IndustryIncentive attached The adoption of Exhibit A, Town of Oro Valley LodgingGuidelines, herewith, '• - - •. . ._ . • . .. . .. .-. owner to q -. - •. • • •- -••. =•: •- •=- - PROVIDES EXAMPLES OF ITEMS THAT A LODGING OPERATOR/OWNER MAY REQUEST CONSIDERATION FOR. PASSED, ADOPTED AND APPROVED by the Mayor and Town Council of the Town of Oro . Arizona, thisday of O‘ Lk* 19Sc\ Valley, y TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: fr/saXgArti lzu-/A4%,/ Kathryn Cuveher, Town Clerk lik• ' 'ROVED AS TO FO ' I "1.10 Atallora .. Dan L. Dudley, own Attorney Exhibit A TOWN OF ORO VALLEY LODGING INDUSTRY INCENTIVE GUIDELINES Qualifying Facilities. The following type of facilities may qualify for the incentive(s) identified in these guidelines: hotels/mo Cels/resorts and other businesses that derive more than 50% of their revenues from providing lodging rentals to transient visitors. The Town Tax Code defines transient lodging as lodging provided for not more than thirty(30) consecutive days. The lodging operator/owner must initiate consideration for the incentive(s)through a written request to the Town Manager. Bed Tax. Increase the Bed Tax from 1%to 2%, 3% or 4%. Continue the MTCVB revenues at the current .75% of the first one percent. Retain the existing .25% General Fund revenue at .25%. Provide up to .75% of the second one percent as a potential incentive for lodging operations that qualify. Allocate the remaining Bed Tax funds as determined by the Town Council. The enclosed Bed Tax Rate Distribution spreadsheet indicates the distribution of the higher Bed Tax rates. 1.0 % 2.0 % 2.5 % 3.0 % 3.5 % 4.0 % General Fund .25 % .25 % .25 % .25 % .25 % .25 % MTCVB .75% .75 % .75 % .75 % .75 % .75 % Incentive .75 % .75 % .75 % .75 % .75 % Designated Programs .25 % .75 % 1.25 % 1.75 % 2.25 % Total 1.00% 2.00% 2.50% 3.00% 3.50% 4.00% Sales Tax on Construction Materials. Currently the Town of Oro Valley charges a 2% Sales Tax on all construction . materials. Aspreviously indicated major resort/lodging facilities are investment intensive given that in many cases average room construction costs can reach from $ 100,000 to $ 167,000. This high per room construction cost is a significant identifying investment capital, the total investment commitment for a resort can easily be from ignific factor in 00 to much larger amounts. Given the importance to Oro Valley in attracting and encouraging expansion of �,,�,�5,000,0 g lookingat this communitymore favorable `' sort/hi h end lodging facilities any inducement that results in investors g should assist in fulfillment of a major economic strategy. To encourage high investment intensive resort/high end lodging facility construction in Oro Valley the following g incentive is proposed. A rebate of the Sales Tax on Construction Materials for lodging and related facility construction be made available for qualifying projects: Sales Tax Oro Valley Investment Amount Rebate Retains % > 5,000,000<$ 10,000,000 0.50% 1.50% > $ 10,000,000<$ 17,500,000 0.75% 1.25% > $ 17,500,000<$25,000,000 1.00% 1.00% > $ 25,000,000< 5 32,500,000 1.25% 0.75% > $32,500,000< $ 40,000,000 1.50% 0.50% > $ 40,000,000<$ 47,500,000 1.75% 0.25% > $ 47,500,000 2.00% 0.00% Developg ment Agreement. A written document, a Development Agreement, will be created wherein any/all sprovided from the Town of Oro Valley to the lodging operator/owner will be separately identified. Included incentive( ) will be in effect between all parties. in the Development Agreement will be the length of time that agreement Sunset Clause. The Development Agreement created and entered into by all parties will be the governing document as to ms, considerations, and all other specifics. The revenue sharing for the lodging operator contained within the Bed Tax ,centive shall be in force for a period of from five (5)to no more than ten (10)years. The revenue sharing period may be extended or re-authorized as new qualifying investments are made. Each separate action must be preceded by a formal request from the.lodging operator. . . ea 2 V 01 CA L Z a M CI OEM •..i Ey Ca rillo In X IC ., o OP il1111111111111111111 13, ac, ###########i ...........i 0 x 44 4444 44+4 H M .3 a. IC X 0 Q L e lf!!!!!i!!!!!l1� 1!!!lli�flt!!!!ltlll�li..u.... ... MI O. MI o ! lI N1f lh � f IIII!!i!I!ii ............., i" UP .rNH■/./.■■N■■.■■.■/■/•■../.■rN/....■■..■.//■./..1..■/■./.•./...■.■■.f■.■.■..••...•.......i D C" 'CI N ..■..e.. ../. ■. S .• /•■.••••s•�•••••U.■/�n.r../ s•.�u■../■•s../.N■M./..sa..sssa.s.s.■a::..s•.s•...s...a...sa: a, 1.4 r CO m M +....*********************************** � 0 N ######################################## M .i ;AI a,. 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Distribution of Bed Tax Rates. Total of 87 Community's. % Bed Tax 25 29% Number of Community s Using 0.00 ' To 1.00 Wo Tax 5 6% Number of Community s Using Up ' > 1.00% - 2.00 Wo Tax 26 30% Number of Community s Using ' > 2.00 % - 3.00 Wo Tax 23 26% Number of Community s Using Number of Community s Using > 3.00% - 4.00 Vo Tax 7 8% 5.00 Wo Bed Tax 1 1% Number of Community s Using 87 100% II. Nearby Community's's within 70 miles). Local Property Tax Benson 2.00 % Yes - Primary Casa Grande 2.00 % Yes - Primary& Secondary Eloy 2.00 % Yes - Primary& Secondary Mara na I I 3.00 Wo I None %Fe Nogales 4.00 % None Sahuarita 2.00 % None Sierra Vista 4.00 % Yes - Primary South Tucson 2.00 Wo Yes - Primary Tucson 4.00 % Yes - Primary& Secondary Willcox 4.00 % None I Ilk AZ Community Comparison Incl Property Tax 7/27/99 n N ik... O O O O O CO O O N ^ LO cri tOt�� M e�� p01 M M O1 N 4 M M M N �'� M M �D et N +4M M 00 N Q1 *•� M M *-1 01 f9 O O o CO 01 CO er 00 N M Ln N et ri M et CO V. 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O• ` 0 0 O t O W = x H w- is O° 000 X _ = H H O U O �A O L. p O > _ O N O t V. t% 0 0 to c in --' a O. if} #f,- if}- if} °O '5 a) — -F L.. E �•" CD -_ 0 J O �, AAAA a. a w in -a ' N 0 11 a E iz 3 X H a. Lu P ~' F TOWN OF ORO VALLEY Page 1 of 2 COUNCIL COMMUNICATION MEETING DATE: December 5, 2007 TO: HONORABLE MAYOR & COUNCIL FROM: Robert Jacklitch, Project Manager Oro Valley Water Utility(OVWU) SUBJECT: Resolution No. (R) 07- 131A Resolution of the Mayor and Council of the Town of Oro Valley, Pima County, Arizona Authorizing and Approving a Contract with Brown and Caldwell in the Amount of$99,954.00 for a Well Monitoring Program. SUMMARY: Potable water demands in Oro Valley have exceeded natural recharge, resulting in an overdraft of groundwater. The current drought has also compounded the problem. As a result, Oro Valley wells have experienced water level declines and an overall reduction in well pump capacity. There are 22 active wells in the Town's service area including Countryside. The OVWU has experienced declining groundwater at an average of 4.3 ft. per year for the period 2004 to 2006. The purpose of the well monitoring program is to collect hydrologic data to evaluate aquifer conditions and to monitor well capacities. The goal is to use the data to forecast capacity changes and identify cost effective action if significant reductions in overall well capacity occur. The data will assist in recommending operational changes, locating new wells that will counteract declining well production, and provide better management of the aquifer A secondary goal is to evaluate well interference upon active wells within our service area. Well interference is defined as water level draw-down and the effect it has on neighboring wells caused by pumping. Two negative results occur when there is well inference - an increase in power cost and a decrease in the volume of water pumped. Brown and Caldwell will provide professional consulting services divided into two phases. 1. Equipment removal and instrumentation installation - a small well rig is required to remove eight well pumps and to install instrumentation, ten wells will be equipped with a locking device and ten will be video surveyed. Phase 1 Fee $89,529.00. 2. Initial monitoring program development for newly installed equipment. Monitor and track aquifer levels, determine well capacities, develop time series plots of static water levels, and calculate specific capacities for all 22 active wells for a period of five months. Phase 2 Fee $10,425.00. 3. Total Fee Phase 1 & 2 $99,954.00. FISCAL IMPACT: Funds are available this FY 07-08 Enterprise Fund Budget. The project will be paid for by water sale revenue. ATTACHMENTS: EXHIBIT #1 Resolution No. (R) 07 - 131 EXHIBIT #2 Contract Agreement EXHIBIT #3 Engineer's Proposal TOWN OF ORO VALLEY Page 2 of 2 COUNCIL COMMUNICATION MEETING DATE: December 5, 2007 SUGGESTED MOTION: The Mayor and Council may wish to consider one of the following motions: I move to approve Resolution (R) 07 - 131 A Resolution of the Mayor and Council of the Town of Oro Valley, Pima County, Arizona Authorizing and Approving a Contract with Brown and Caldwell in the Amount of$99,954.00 for a Well Monitoring Program. Or I move to..... pole47( Robert Jac/itch, Projec Manager P lip C. Sal-tta, P.E.,Water Utility Director David Andrews, Town Manager • EXHIBIT 1 LEY q o _� � i 3 „ k y As- h r w • 4 t. .Li,:,,,, , ididdriilifi',-,26-,-*::".. to. AC. 4 ji<•' ,1,-:,01-,NAaklb' UNDER Resolution RESOLUTION NO. (R) 07- 131 ARES OLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA AUTHORIZING AND APPROVING A CONTRACT WITH BROWN AND CALDWELL IN THE AMOUNT OF $99,954.00 FOR A WELL MONITORING PROGRAM. WHEREAS, theValley a political of Oro is subdivision of the State of Arizona vested with all associated rights, privileges rivile es and benefits and is entitled to the immunities and exemptions grantedmunicipalitiesandpolitical subdivisions under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, the Director of the Water Utility Department has requested professional engineering services for a well monitoring program; and WHEREAS, the Oro ValleyWater Utility Department selected Brown and Caldwell based on project understanding, approach, project team and capabilities; and WHEREAS, it has been determined that it is in the best interest of the Town to enter into this Contract, attached hereto as Exhibit 2 and incorporated herein by this reference, with Brown and Caldwell, and that the Mayor and Council of the Town of Oro Valley authorize and approve the contract. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that the Contract attached hereto as Exhibit 2 between the Town of Oro Valley, Arizona, and Brown and Caldwell is hereby approved. BE IT FURTHER RESOLVED that the Mayor and any other administrative officials of the Town of Oro Valley are hereby authorized to take such steps as are necessary to execute and implement the terms of the Contract. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 5th day of DECEMBER , 2007. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Tobin Sidles, Interim Town Attorney Date Date C:\Documents and Sdiings\ri�litch\Local Sdtings\Ternporary Irternd Files\OL K96\Resolution for Brown Caldwell-Well Monitorintdoc Oro Valley Attorney's Office/ch/102607 . . • EXHIBIT 2 p -, "----- , 0 4 A - --,-:,-,--‘. "--2...- - A 00,„ g-IN 1 vD ED A Contract a i , t NA_LL__ 1 4 4?, -4-W041,:i 0 0,-=—,-f,- Js''rC ffjy{r�tt7..a,e.rb tre*'..+']•4~.. ri ■F'..f'r3-:, _ 4.% :Z ` . 'ASF- .::N'`� gar mit"?4'.-4, - ' riig:-4-. . ils _, t.; - -,, . ,% ,,t. .—.04: ---,-_:—.A.w... ,1,‘t j\kt g'gr M-%IVAN.;..4' =7, .-.•''rt;:'tv-nt•M'riZ 1,.."1- 4111 k?-s:A-Ntetr 1:e-_-.44, t,".1 7.etri- r Aink \i,-:V-7- 10.3., 4-:1,4 ..I r... AL • '".`7` idat,,, opinompi,„„Ak °'--1AI D ED TOWN OF ORO VALLEY DEPARTMENT—WATER UTILITY 11,000 North La Canada Drive ORO VALLEY, ARIZONA 85737 (520) 229-5000 CONTRACT FOR PROFESSIONAL SERVICES PROJECT TITLE: Well Monitoring PROJECT NO.: OV-20-04-07 This contract is made and entered into by and between the Town of Oro Valley, a municipal Corporation(the "Town") and Brown and Caldwell(the "Consultant"). WITNESSETH: WHEREAS, the Mayor and Town Council/Town Manager of the Town of Oro Valley are authorized and empowered by the revisions of the Town Code to execute contracts for Professional Services. NOW THEREFORE, for and in consideration of the mutual covenants and conditions hereinafter contained, it is agreed by and between the Town and the Consultant as follows: SECTION I—DESCRIPTION OF PROJECT/SCOPE OF WORK See Exhibit"A", dated October 5, 2007. SECTION II—PAYMENT SCHEDULE The negotiated fee process was utilized for this contract. For services described in Section I of this Contract, the Town shall pay the fee as negotiated in the amount of ninety nine thousand nine hundred fifty four dollars($99,954) ("Exhibit B"). Payment shall be made monthly on the basis of progress reports. Consultant must provide a clear, detailed invoice reflecting items being billed for, a summary sheet showing percentage of work completed to date, imount/percent billed to date and current status of all tasks within the project with backup support documentation. Work schedule updates will be included in the monthly progress payment reports. P:\Oro Valley\OVWU 2008 Well Field Monitoring\Contracts\PDF Executed Contracts\BC OV-20-04-07-102507.doc Revised 07109/07 SECTION III—PERIOD OF SERVICE Following receipt of a Notice to Proceed with the work, the Consultant shall complete all services described in Section I within 230 calendar days after Notice to Proceed is issued by the Town. In the event delays are experienced p beyond the control of the Consultant, the completion date may be extended by mutual written agreement between the Town and the Consultant. SECTION IV—APPROVALS • All work shall be subject to approval by Water Utility Director or his/her designee. Consultant agrees to exercise the skill and care which would be exercised by professional engineers performing similar services at the time and in the locality. If failure to meet these standards results in faulty work, Consultant shall undertake at its own expense the corrective adjustments or modifications. SECTION V—INDEMNIFICATION The Consultant agrees to indemnify, defend, and save harmless the Town, its Mayor and Council, the Water Utility Director and/or his/her designee, appointed boards and commissions, officials, officers, employees and the Town's insurance carriers,individually and collectively from all losses,claims, suits, demands, expenses, subrogations,attorney's fees, or actions of any kind and nature arising out of the Consultant's negligence or any subcontractor employed by the Consultant (including bodily injury and death) or damages to any property or any other losses, claims, suits, demands, and/or expenses, arising or alleged to have arisen out of the work to be performed, except any injury or damages arising out of the sole negligence of the Town, its officers, agents or employees. The amount and type of insurance coverage requirements set forth in Attachment A shall be primary and shall in no way be construed as limiting the scope of indemnity in this paragraph. SECTION VI—REPORTING Written monthly reports, together with updated work schedules, will be made by the Consultant in the format prescribed by the Town. These reports will be delivered to the Town no later than the fifth day of each month. When requested by the Town, the Consultant will attend Council meetings and provide finished documents including correspondence, supporting charts, graphs, drawings and colored slides for Council action. SECTION VII—INSURANCE See Attachment A SECTION VIII —AMENDMENTS Whenever a change in the scope of work is determined to be necessary, the work will be performed in accordance with the Contract provided. Before a change in the scope of work is implemented, a Change Order(s) shall be executed by the Town and the Consultant. Additions to, modifications of or deletions from the project may be made and the compensation to be paid to the Consultant may be adjusted accordingly by mutual written agreement of the contracting parties. It is agreed that no claim for extra work by the Consultant will be allowed by the Town except as provided, nor shall the Consultant do any work not covered by this Contract unless the work is authorized through a Change Order and signed by both Parties PRIOR to starting any additional work. All additional work, when authorized by executed Change Order(s), shall be compensated for by a fee as mutually agreed upon by the Town and the Consultant. The aggregate total of any Change Order(s) shall not exceed 20% of the original Contract unless specifically authorized by the Town Council in writing. TIME IS OF THE ESSENCE for this Contract. When the Consultant submits a request for additional time for which work must be completed in a contract, a Contract Change Order must be initiated outlining the reason for applying for the extension and provide the drop dead date the work will be completed. The language "TIME IS OF THE ESSENCE" must be written into the Change Order. If the Change Work Order is agreed to and signed by the 2 11/05�2007 13:06 5202295029 WA Tek UTILITY PAGE 02 • • the Cott to the Eby the extended dale in the Contract TownChange and the Consultant,it� Consaltaat if the is not by the upon , Order. The TOW.can then tile snit against the _ the same dam If rix Cr is oce than one agreed to,eft eacten va fo►l . AYMEgliKAULIAMMIKal The Town and the Consultant agree to the full performance of the covenants in this Contract,except that the. the right,at its . to - or the for i*t or terminate Town ► which services been by the Consultant as follows: , or abandon any portion of die pr+o�t for the Town or the services or any part of d provided,tete A. In the event!� after receiving such notice, the'Ion shall notify the writing ate, . ffi Consultant shall discontinue advancing the work under this Cooltnet and shall prod to close operations. B. Upon tasnitiation or abandonment, Consultant onsultant shall deliver to the Town all drawings, notes, scotches and other materials entirely or with all unused materials supplied by the Town. C. The Consultant shallapprisework he has eonipl and submit appraisal to the Town for evaluation. shaft receive as compensationfb r services perfocntod dough the dateof such D. The Consultantof work actually oon�ple�d. This fee shall be a terminationors feeforthe . percentage of t in udder Section II and shall be in the int mutually agreed to between the Consultant and the Town. The Town shall make this final payment within sixty(60)days aftet the Coosultant has delivered the last of the partially completed items. 5c!lcI x— IIIP, If the viol*to be performed by the Consultant ltant under Section I of this Contmet is not timely auuipleted,the Consultant shall pay to tbe Town, -...= farklated &wages for each day Ire work remains foonmpier after,the data. This is b of the am ity and &acuity of scheduled completion ascertainingthe actual damages the Tows would saw.The stabled completion data thr impinging lability.for Equidated damages shall (nytee) the of Town's in Proc:c�e�t i 2 5 Consultant subject to Section XI p seenittve days from M . a de�aainin of d ed (Section X " time shall be aciciied For the purposeg ��results �t� c�beyond the eon*and if day in completion o f�work by the Coagulant vriihoat the faatt err segligence of the Consultant §fit X1— M Notwithstanding any other term,ccmdition,or . .on hereof to the contrary,in the event any party hereto is . - or obligation• von sock by terms hereof due labor I p Brom or any� strgces, • � weather c - - acts of ,or arcever ts beyond the aamt61 of such patty,the time period provided thr the p by such Party of such duty or obligation shad be extaxkd for a period equal to the delay occasioned by such eras and must be agreed to IN z WRITING by bow Paths. i ocriotau,--Atalwriaw11-021501111 Any dispute arising under this contract that is not settied by the Town and the Consultant may, un mutual - agreement - • Board of a of the Towyn,s of of the be decided by anArbitration sad the The Vows, its Consultant and i to theF 3 4i 1 NOU-06- 007 12:54PM From: 5202295029 ID:BR`s! AND CALDWELL Page:002 R=97 rights as set forth in Arizona Revised Statutes, Title 12. The Consultant shall continue to render all services requested in this Contract without interruption, notwithstanding the provisions of this Section. Nothing herein shall be deemed to require arbitration except as mutually agreed by the Parties. The laws of the State of Arizona shall apply to this Contract, and the Consultant agrees to the subject itself to the jurisdiction of the Courts of the State of Arizona for any conflict that arises from the terms of this Contract. SECTION XIII—OWNERSHIP OF DOCUMENTS All documents including, but not limited to, tracings, drawings, original mylars, estimates, field notes, investigations, design analysis and studies which are prepared in the performance of this Contract are to remain the property of the Town. The Consultant shall furnish the Town, upon request, originals or copies of technical specifications and copies of all documents listed above. The Consultant shall endorse by his professional seal all plans and engineering data furnished by him. SECTION XIV—NO KICK-BACK CERTIFICATION The Consultant warrants that no person has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee; and that no member of the Town Council or any employee of the Town has an interest, financial or otherwise, in the Consultant firm. For breach or violation of this warranty, the Town shall have the right to annul this Contact without liability or, at its discretion, to deduct from the Contract Price or consideration, the full amount of such commission, percentage,brokerage or contingent fee. SECTION XV—CONFLICT OF INTEREST This Contract is subject to the provisions of A.R.S. § 38-511 which provides in pertinent part that the state, its political subdivisions or any department of either may, within three years after its execution, cancel any contract, without penalty or further obligation, made by the state, its political subdivisions, or any of the departments or agencies of either if any person significantly involved in initiating, negotiating, securing, drafting or creating the I Contract on behalf of the state, its political subdivisions or any of the departments or agencies of either 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 Consultant to any other party to the Contract with respect to the subject matter of the Contract. SECTION XVI—ASSIGNMENT This Contract shall not be assignable except at the written consent of the Parties, and it shall extend to and be binding upon the heirs, executors, administrators, successors, and assigns of the Parties. The Consultant may assign money due to him under terms of this Contract to a banking or lending institute. The Town shall assist the Consultant in performing the assignment by testifying to the progress of the work as may be required. SECTION XVII-ENTIRE CONTRACT This is the entire Contract between the Parties. If any portion(s) of this Contract is (are) later found to be invalid or unenforceable, such portion(s) shall be null and void and without any effect on the rest of the Contract which shall continue in full force and effect. 4 II WHEREOF, the parties have hereunto subscribed their names this day of WITNESS IN , 20 . TOWN OF ORO VALLEY: CONSULTANT: By: By: I t at).. Date: Date: By: By: (// 46 Date: Date: g4, ATTEST: WITNESS (If Individual or Partnership) Kathryn E. Cuvelier, Town Clerk Date: APPROVED AS TO FORM: 41. Melinda Garrahan, Town Attorney Date: SIGNING INSTRUCTION TO THE CONSULTANT: ALL SIGNATURES MUST BE NOTARIZED. In the event that the contracting firm is a corporation, the president and the secretary or the vice-president and the secretary of the corporation must sign and the corporate seal must affixed thereto. State of Arizona ) ss. County of rkLri ) SU.B SCRIB D AND SWORN before me this aL2 day of 007010eA' , 20 0.1_ by fY\ k\ � -e , who is knpwn to me or has satisfactorily been identified as the 512_1Akerf I G z' a Q' , and by k \ ` xit___cyLz) who is known to me or has satisfactorilybeen identified as the U i t-e nd c�1 �± , both as duly authorized agents to sign on behalf of a9f\ eA,I to bind and obligate the Consultant. -jesC /"Y\. Notary Public tir My Commission Expires: OFFICIAL SEAL (.Ø PAKr� : NOTAYLStaorizona .�5 My Comm.Expires May 23,2010 • CERTIFICATE OF SECRETARY OF BROWN AND CALDWELL, A CALIFORNIA CORPORATION I, the undersigned,do hereby certify that: acting Secretary I am the duly elected and a g ecretar y of Brown and Caldwell, a p California corporation, and am keeper of the corporate records and seal of said corporation. 2. At the annual meeting of the Board of Directors on February 2, 2007, the following resolution was adopted: RESOLVED that all Brown and Caldwell officers currently appointed to serve are ratified and authorized to continue to their offices at the pleasure of the Board of Directors of hold rp this corporation until the next annual meeting of the Board of Directors of this corporation or until their respective successors are elected or qualified, or until their earlier resignation. A listing of current company officers is attached. BE IT FURTHER RESOLVED that all Brown and Caldwell , officers listed are authorized to financially commit the corporation in accordance with the Company procedures and r Policies withintheir respective area of responsibility or as stated in the Bylaws. 3. Michael el L. Roeder is a Senior Vice President of Brown and Caldwell; is so identified in the February2, 2007, resolution referenced above, and in that ac cap � isduly i authorized to financially commit the corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Corporation this 26thd day of October,2007. SIGNED: W914jAl' ROBERT S.LEICHTNER, Secretary (SEAL) • CERTIFICATE OF SECRETARY OF BROWN AND CALDWELL, A CALIFORNIA CORPORATION I, the undersigned, do hereby certify that: 1. I am the duly elected and acting Secretary of Brown and Caldwell, a California corporation, and am keeper of the corporate records and seal of said corporation. 2. At the annual meeting of the Board of Directors on February 2, 2007, the following resolution was adopted: RESOLVED that all Brown and Caldwell officers currently appointed to serve are ratified and authorized to continue to hold their offices at the pleasure of the Board of Directors of this corporation until the next annual meeting of the Board of Directors of this corporation or until their respective successors are elected or qualified, or until their earlier resignation. A listing of current company officers is attached. BE IT FURTHER RESOLVED that all Brown and Caldwell officers listed are authorized to financially commit the corporation in accordance with the Company procedures and policies within their respective area of responsibility or as stated in the Bylaws. 3. Philip J. Lagas is a Vice President of Brown and Caldwell, is so identified in the February 2, 2007, resolution referenced above, and in that capacity is duly authorized to financially commit the corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Corporation this 1st day of November,2007. SIGNED: -Ceil,t/f,(71//%Cle,Z1c-i----..— ROBERT S. LEICHTNER,Secretary (SEAL)._z"-s ATTACHMENT A INSURANCE Nap" g The Consultant agrees to obtain insurance coverage of the types and amounts required consistent with the coverage limits shown below. Coverage Afforded Limits of Liability Workmen's Compensation Statute Employer's Liability $100,000 Comprehensive General $1,000,000-Bodily Injury Liability Insurance Combined Single Limit (including blanket contractual $100,000 Property Damage and premises/operations) Professional Liability Insurance $500,000(Minimum) Combined Single Limit The Consultant shall provide satisfactory certificates on the required insurance coverage before beginning work until the Contract is complete and accepted by the Town. All policies shall contain an endorsement providing that written notice be given to the Town at least thirty(30) calendar days prior to termination, cancellation or reduction in coverage policy. Insurance policies shall remain in force until all work has been completed and the completed project has successfully fulfilled its warranty period. If a policy does expire during the life of the Contract, a renewal certificate of the required coverage must be sent to the Town of Oro Valley not less than five (5) workdays prior to expiration date. Each certificate shall include project description, project number and the signed acknowledgement of the insurance company. The Town of Oro Valley shall be included as an additional insured on all policies except Worker's Compensation and Professional Liability. Policies for General, Automobile, and Excess Liability are primary over any insurance available to the Town and as to any claims resulting from the Contract,it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the described insurance. In regard to Professional Liability, Consultant agrees to indemnify, defend, and save harmless the Town of Oro Valley, its Mayor and Council, appointed boards and commissions, officials, officers, employees, individually and collectively, from all losses, claims, suits, actions, payments and judgments, demands, expenses, attorney's fees, defense costs, or actions of any kind and nature resulting from personal injury to any person, including employees of the Consultant or of any subcontractor employed by the Consultant(including bodily injury and death) or damages to any property, arising or alleged to have arisen solely out of the negligent performance of the Consultant for the work performed. Consultant agrees to indemnify, defend and hold harmless the Town of Oro Valley, its Mayor and Council, appointed boards and commissions, officials, officers, employees, individually and collectively, against any an all claims arising out of errors, omissions or negligent acts in the performance of services by the Consultant. The amount and type of insurance coverage requirements set forth in the Contract will in no way be construed as limiting the scope of indemnity in this paragraph. In regard to General,Automobile,and Excess Liability,the Consultant agrees to indemnify,defend and save harmless the Town of Oro Valley,its Mayor and Council, appointed boards and commissions,officials, officers,employees,individually and collectively from all losses, claims, suits, actions, payments and judgments, demands, expenses, attorney's fees, defense costs, or actions of any kind and nature resulting from personal injury to any person, including employees of the Consultant or any subcontractor employed by the Consultant(including bodily injury and death)or damages to any property, arising or alleged to have arisen out of the negligent performance of the Consultant for the work to be performed hereunder, except any injury or damages arising out of the sole negligence of the Town, its officers, agents or employees. IT IS THE INTENTION OF THE PARTIES to this Contract that the Town of Oro Valley, its Mayor and Council, appointed boards and commissions, officials, officers, employees, individually and collectively, are to be indemnified against their own negligence unless and except that negligence is found to be the sole cause of the injury to persons or damages to property. The amount and type of insurance coverage requirements set forth in the Contract will in no way be construed as limiting the scope of indemnity in this paragraph. 6 CONSULTING FIRM: Brown and Caldwell 11 PROFESSIONALS REGISTERED IN THE STATE OF ARIZONA(IN-HOUSE) In the space provided below, list name, major field of expertise, and professional registration number for all in- house Architects, Landscape Architects, Engineers, and Land Surveyors registered in the State of Arizona on your staff as of 5/02. Enter total number of Arizona Registrants listed below: 2 (For additional space use reverse side.) NAME FIELD REGIS. NO. Steve Brooks Geology 31649 Mike Bostic Geology 35021 .-4110 7 11 DATE(MM/DD/YY) ACORDT. CERTIFICATE OF LIABILITY INSURANCE 03/26/2008 10/17/2007 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PRODUCER LOCKTON COMPANIES,LLC-1 KANSAS CITY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 444 W.47th Street,Suite 900 HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Kansas City Mo 64112-1906 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. LP (816)960-9000 INSURERS AFFORDING COVERAGE INSURED INSURER A: GREENWICH INS CO,A+XV(XL-PA) 1051211 BROWN AND CALDWELL AND ITS WHOLLY INSURER B: GREENWICH INS CO,A+XV(XL-NY) OWNED SUBSIDIARIES AND AFFILIATES 201 NORTH CIVIC DRIVE INSURER C: XL SPECIALTY INS CO,A+XV(NY) WALNUT CREEK CA 94596 INSURER D: I INSURER E: THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING COVERAGES PG INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE POLICY EXPIRATION IN TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY GEC 0022546 03/26/2007 03/26/2008 FIRE DAMAGE(Any one fire) $ 1,000,000 CLAIMS MADE X OCCUR MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 7 PRO- CT POLICY X JEX LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 B X ANY AUTO RAD 9437294 03/26/2007 03/26/2008 (Ea accident) ALL OWNED AUTOS BODILY INJURY $ XXXXXXX SCHEDULED AUTOS -(Per person) X HIRED AUTOS BODILY INJURY $ XXXXXXX X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ XXXXXXX (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ XXXXXXX ANY AUTO NOT APPLICABLEOTHER THAN EA ACC $ XXXXXXX AUTO ONLY: AGG $ XXXXXXX EXCESS LIABILITY EACH OCCURRENCE $ XXXXXXX OCCUR CLAIMS MADE NOT APPLICABLE AGGREGATE $ XXXXXXX UMBRELLA $ XXXXXXX DEDUCTIBLE FORM $ XXXXXXX - RETENTION $ $ XXXXXXX C WORKERS COMPENSATION AND RWD 9435207 03/26/2007 03/26/2008 X T/ORYTLMITS 2ORH EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ 1,000,000 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 E.L.DISEASE-POLICY LIMIT $ 1,000,000 OTHER A PROFESSIONAL LIABILITY PEC000000505 05/31/2007 05/31/2008 $1,000,000 PER CLAIM/$1,000,000 AGGREGATE ESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE:2008 OVMU WELL FIELD MONITORING;CLIENT CONTRACT#OV-20-04-07. THE TOWN OF ORO VALLEY IS AN ADDITIONALINSURED AS RESPECTS GENERAL AND AUTO LIABILITY,AND THESE COVERAGES ARE PRIMARY,AS REQUIRED BY WRITTEN CONTRACT. CONTRACTUAL LIABILITYAPPLIES TO GENERAL LIABILITY. :ERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: CANCELLATION 2975166 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION TOW-0930DATE THEREOF,THE ISSUING INSURER WILL MAIL DAYS WRITTEN TOWN OF ORO VALLEY WATER UTILITY NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT CAI'URE TO DO _ HALL ATTN: ROBERT JACKLITCH _ 11000 N.LA CANADA DRIVE ••'°- • e e: -• e• '_ •- e •. • e -.e• ORO VALLEY AZ 85737 REPRESENTATIVES, . AUTHORIZED REPRESENTATIVE I CORD 25-S(7i7) For questions regarding this certificate,contact the number listed in the'Producer'section above and specify the client code'BROCA02'. ©7aCORD CORPORATION ION 1988 , 0 EXHIBIT 3 0 0 °NINO-Ey 04,r 4 '441-‘,:t4 4 °rte- .... -� —£ .e" ;;; iii.,. ,, At c3: °UivDED 191 Engineer's Proposal EXHIBIT A SCOPE OF WORK—OV-20-04-07—OVWU WELL MONITORING Scope of work presented below is based on the well field monitoring plan developed by Brown and Caldwell dated December 15, 2006. Purpose and goals of the well field monitoring program are provided in the plan. Scope of work includes two phases as follows: 1.0 Well Field Monitoring Capital Requirements 2.0 Well Field Monitoring Brown and Caldwell will subcontract the Layne Christensen Company to perform well field capital requirements consisting of pump removal and well retrofitting for water-level monitoring. Phase 1.0 Well Field Monitoring Capital Requirements Well field monitoring capital requirements are one-time requirements to prepare and secure inactive and other Utility-owned wells for water level monitoring. Inactive and other wells owned by the Utility are included in the table below. INACTIVE AND OTHER ORO VALLEY WELLS PUMP WELL NAME ADWR CADASTRAL WELL SITE ADDRESS EQUIPMENT REGISTRY# LOCATION INSTALLED? C-1 55-612368 D-12-13 12CBC 515 W.MATTERHORN YES 11110, C-2 55-612369 D-12-13 12CAA 30 E.APPALACHAIN YES C-3 55-612370 D-12-13 13ABD 7 W.GREENOCK DR YES D-3 55-504285 D-12-13 13ADD 10000 N. ORACLE RD YES E-4 55-605802 D-11-14 32CCC 12151 N. ORACLE RD. YES E-8 55-595276 D-11-14 31 CDD 1222 E. TANGERINE RD. NO CAMPO 55-805397 D-12-13 23DAD 9009 N.CALLE BUENA VISTA YES BELLO EAST CAMPO 55-805399 D-12-13 23DBC 9015 N. CAMINO DE ANZA YES BELLO WEST CH-13 55-803467 D-12-13 13ABD 6 W GREENOCK NO NARANJA UNKNOWN D-12-13 02 660 AND 800 W NARANJA DR YES TOWN SITE WELL NO. 1 Tasks include the following: 1 Remove and transport salvageable pump equipment as determined by the Utility to a location designated by the Utility from 8 selected inactive and other wells owned by the Utility. BROWN AND CALDWELL lof5 p:\oro_valley\ovwu 2008 well field monitoring\contracts\scope-fee\exhibit_a_ovwu well monitoring_sow.doc\10/25/2007\ck • 2 Video survey 10 inactive and other wells owned by the Utility to evaluate current well construction and conditions. Also perform an evaluation of the efficacy of utilizing specific wells in monitoring network. 3 Properly dispose of pump equipment not to be salvaged as determined by the Utility (indicated as contingency and allowance in Exhibit B). 4 Retrofit well heads of inactive and other wells owned by the Utility with security locking well caps to facilitate installation of water-level monitoring equipment. 5 Procure four continuous water-level monitoring instruments from InSitu, Inc. MiniTroll 500TM pressure transducers and loggers will be procured along with a Rugged Reader PDA for data retrieval. Brown and Caldwell understands that the Utility will survey well head elevations within an accuracy of+/- 1 foot to translate water level elevations from depth to water measurements. Phase 2.0 Well Field Monitoring Well field monitoring data acquisition will be performed jointly by Utility staff and Brown and Caldwell for the period from about February 1, 2008 to June 30, 2008. Actual initiation of well field monitoring will be dependent upon completion of Phase 1.0 activities. Well capacity at all active wells will be measured and recorded by the Utility during the first week of each month and provided to Brown and Caldwell. (The Utility measures capacity of all active wells by timing totalizer values on flow meters.) Static and pumping water levels will be monitored by the Utility during the first week of each month in all active wells with installed water-level measuring and recording instruments (DruckTM) and provided to Brown and Caldwell. Brown and Caldwell understands that water level measurements are transmitted via telemetry by the Utility's Supervisory Control and Data Acquisition (SCADA) system to a system computer. A sampling protocol will be instituted where a static water level is only valid after the pump is shutdown for at least 6 hours and dynamic water level is only valid after the well is pumping for at least 3 hours. Active wells are tabulated in the table below along with information if well has an installed water-level measuring and recording instruments (DruckTM) (Additional instruments are scheduled to be installed in other active wells in the near future.) TABLE 1.ACTIVE ORO VALLEY WELLS WATER LEVEL WELL ADWR CADASTRAL WELL SITE ADDRESS MONITORING NAME REGISTRY# LOCATION INSTRUMENTS INSTALLED? MAIN WELL FIELD C-4 55-512346 D-12-14 07DBA 1545 PUSCH WILDERNESS NO C-5 55-537133 D-12-13 12AAB 222 E.NARANJA YES C-6 55-565547 D-12-14 07BCB 1ST @ LAMBERT NO C-7 55-626749 D-12-13 23BAA 1201 W.LINDA VISTA NO C-8 55-612364 D-12-13 12CBB 10791 N. HIGHLANDS NO BROWN AND CALDWELL 2of5 p:\oro_valley\ovwu 2008 well field monitoring\contracts\scope-fee\exhibit_a_ovwu_well_monitoring_sow.doc\10/25/2007\ck TABLE 1.ACTIVE ORO VALLEY WELLS ‘1111, WATER LEVEL WELL ADWR CADASTRAL MONITORING WELL SITE ADDRESS NAME REGISTRY# LOCATION INSTRUMENTS INSTALLED? C-9 55-208817 D-12-13 12DDC 420 E PUSCH VIEW LN NO D-1 55-589494 D-11-14 31AAD 1835 N. INNOVATION PARK YES D-2 55-612366 D-12-14 18BCB 10156 N. CAM TORRERO NO D-4 55-505862 D-12-14 07ADA 11111 N. STALLARD NO D-5 55-612367 D-12-13 11BCC 10798 N. LA CANADA NO D-6 55-517374 D-12-13 10DDB 1565 W.CANADA HILLS NO D-7 55-510019 D-12-13 14BBB 1301 W.LAMBERT LN NO D-8 55-544219 D-12-13 11 CDD 10440 N. STARSEARCHER NO D-9 55-619954 D-12-13 24CBD 353 W.MEADOWBROOK PL. YES E-1 55-612363 D-12-13 01 ADC 471 E.TANGELO NO E-2 55-517644 D-11-14 31 CDB 1201 E. TANGERINE RD. NO E-3 55-517031 D-11-14 30AAD 1770 E.RANCHO VISTOSO BLVD. No 4114/10 E-5B 55-580081 D-11-14 31CAA 12155 N.ORACLE RD. YES E-6B 55-583448 D-11-14 32CCC 12151 N.ORACLE RD. YES E-7B 55-201425 D-12-14 05BAC 11823 N.ORACLE RD. NO F-1 55-543853 D-11-13 36ADD 12522 E.RANCHO VISTOSO NO BLVD. COUNTRYSIDE WELL FIELD CS-1 55-612365 D-12-12 24CAD 9054 N.BALD EAGLE NO CS-2 55-506548 D-12-12 24CCB 8902 N.HARTMAN RD. NO Water levels in inactive wells and other wells will be measured by an electric water level sounder and recorded by Brown and Caldwell during the first week of each month. Four water-level monitoring instruments procured in the Phase 1.0 will be installed by Brown and Caldwell in inactive and other wells in a revolving basis to measure continuous water levels (i.e. one measurement/minute) and downloaded during the first week of each month. Water-level monitoring instruments will be InSitu miniTROLL 500TH pressure transducer and datalogger. Pressure transducer shall be rated at 100 pounds per squire inch (psi) which allows pressure transducer to be set up to 231 feet below the water level. An InSitu Rugged ReaderTM, a personnel digital assistant (PDA) computer, will be used to download field data from water-level monitoring instruments. All data measured, downloaded or provided to Brown and Caldwell BROWN AND CALDWELL 3of5 p:\oro_valley\ovwu 2008 well field monitoring\contracts\scope-fee\exhibit_a_ovwu well_monitoring_sow.doc\10/25/2007\ck will be inputted into a well field monitoring database for data storage and analysis. Industry standards quality assurance control/quality control measures will be performed on all data prior to input into database. Table below summarizes data acquisition frequency and acquisition responsibilities. TABLE 4.WELL FIELD DATA ACQUISITION FREQUENCY AND RESPONSIBILITIES FREQUENCY/DATA A ACQUISITION ENTITY CTIVE WELLS INACTIVE WELLS OTHER WELLS WELL CAPACITY 1st WEEK OF EACH NA NA MONTH/UTILITY STATIC WATER LEVEL 1St WEEK OF EACH 1St WEEK OF EACH 1st WEEK OF EACH MEASUREMENTS MONTH/UTILITY' MONTH/BROWN AND MONTH/BROWN AND CALDWELL CALDWELL DYNAMIC WATER 1st WEEK OF EACH NA NA LEVEL MONTH/UTILITYI MEASUREMENTS CONTINUOUS WATER NA CONTINUOUS CONTINUOUS LEVEL REVOLVING WELLS/ REVOLVING WELLS/ MEASUREMENTS BROWN AND BROWN AND CALDWELL CALDWELL I —Only from active wells equipped with water level measuring instruments. Static water level recorded only after pump shutdown at least 6 continuous hours. Dynamic pumping level recorded only after pump on for at least 3 continuous hours. NA—not applicable Five additional wells owned and monitored by Tucson Water and Metro Water will also be included in the monitoring network. Recorded water-level measurements will be requested and acquired from the respective owners. OTHER NON-UTILITY WELLS PUMP CURRENTLY WELL NAME OWNER ADWR CADASTRAL WELL SITE EQUIPMENT BEING REGISTRY# LOCATION ADDRESS INSTALLED? MONITORED BY OWNER? C-101A TUCSON 55-619955 D-12-13 17AAA 10333 N. NO YES WATER SHANNON RD. C-113A TUCSON 55-619958 D-12-13 12DAA 700 E.LAMBERT NO YES' WATER LANE LOBO METRO 55-620166 D-12-13 20DAD 9091 N. NO YES' WATER SHANNON RD. LAMBERT/LACHOLLA METRO 55-590332 D-12-13 16AAB UNKNOWN NO YES WATER STILLER METRO 55-626751 D-12-13 15CDB UNKNOWN NO YES' WATER 1 —Currently equipped with water level monitoring instruments. BROWN AND CALDWELL 4of5 p:\oro_valley\ovwu 2008 well field monitoring\contracts\scope-fee\exhibit_a_ovwu_well_monitoring_sow.doc\10/25/2007\ck A + Cumulative time-series plots of static water levels, well capacities and specific capacities, 11116., where calculated will be generated and updated as new data is collected. In summary, well field monitoring will include the following: • Measure monthly water levels in selected wells; • Install and revolve water-level monitoring instruments; • Retrieve water capacity, and static and pumping water level data of active wells from Utility personnel; • Request and acquire water level measurements from Tucson Water and Metro Water District from selected wells; • Input all data implementing quality assurance/quality control measures into the dedicated database; and • Generate cumulative time-series plots of static water levels, well capacities and specific capacities, where calculated, for selected wells. Time series plots will be provided to the Utility when requested. BROWN AND CALDWELL 5of5 p:\oro_valley\ovwu 2008 well field monitoring\contracts\scope-fee\exhibit_a_ovwu well monitoring_sow.doc\10/25/2007\ck ,--i N N O C\ N V N t d' e) M O O O N - r"I a, N toc0 ct .. r.. en d- O O M d- G. f-4 en N M r 00 00 N ori M O N 00 1-+ C\ 6i9 69- 6F- ER (0)- 604 EA- 6f- EA- 5f} 6F} O O O O O O O ' O O V yl)) N Mc,-) N N CO N Lc)O O N Oqc.) ... — 6� ,#)- ,A_ r,,,,,0 M d- Ln c:2) cry M 15 Moo M d- G1 d' 06 v 00 N. cn +',, C)M N t"-- N W O w U 4 -3 Cl) 6� 6� 6� C) 4 C) N N V) O ©CI) cni. © 4.4 O 11 •� .2 ceS ' If) •O0 0 e-4 . i i t-, M •,i- Ln O M en .. .. .. Cl) .0 rl g al 'd' 00 CO 00 Etc LC) W Z 57v A-, CO V a o - V b V 6A- 6R 6R alV V -,t- \o Ti n a) N Lr--. C \ N N - = v 1--i N 00 V cry N 00 M C\ en N N M ,--, c 1--+ CO Cf) o0 CT ~ e--4 4) al O 4) •§ 44 a N CD - U N OZ0 in v �''1.4N •2 w 0 \ w 4-, 'b v O O +-+ p ..O w [ mowcn o 0 �' •-� v a b 'b E. 0 y U s-, 4u �TC�i�) U = 1/) ckl W o c:„? u O O °Yc,„ 4_, > O' ° W °�' `� W 74 a.) , -..-it Q c -s O zs a+a 0 o v o N o o 0 y3 O O el f••-i O O N cn W a,) . N �O v �..� O b O a) O0 4 O Ti 4-' M as U F"'{ R-, U P.4 P--, Q P-4 .4 4 H It - r-" N CO in N CO w 71 itA •- V 49 o0 •o v b v a) ; -� w T.j ii TUb 74 v c)ct v V b 74 t:40 N 0 �# o G TOWN OF ORO VALLEY Page 1 of 2 COUNCIL COMMUNICATION MEETING DATE: December 5, 2007 TO: HONORABLE MAYOR & COUNCIL FROM: Robert Jacklitch, Project Manager Oro Valley Water Utility(OVWU) SUBJECT: Resolution No. (R) 07- 132A Resolution of the Mayor and Council of the Town of Oro Valley, Pima County, Arizona Authorizing and Approving a Contract with Castro Engineering Corporation for Professional Design Services in the Amount of$61,254.00 for a New Water Main on Innovation Park Drive. SUMMARY: This project is to design a new 16-inch main along Innovation Park Drive from Tangerine to Vistoso Park Road. The new water main will be located outside Town right - of- way in an easement on private property. The easement will be granted to the Town by owner/developer Venture West (Exhibit 4). The design is necessary to upgrade an existing main that has failed several times the past two years. Main shear breaks have occurred because of multiple connections and modifications to accommodate new customers. Originally the main was designed and installed by another developer as a transmission to serve Sun City only. It was never intended to become a distribution main with multiple connections and pipe modifications. If the existing water main remains in service, reliability and potential water outages to the NW Hospital are a concern. The scope of engineering service are to design a new 16-inch main includes preparing construction documents, specifications, and construction cost estimate and design report. The project will be designed in accordance with OVWU specifications, American Water Works Association and Tucson Water standards. Through a Request for Qualification process, the OVWU staff rated the firm's project understanding, approach, team and firm's capabilities thereby selecting Castro Engineering Corp. and negotiated a contract fee of$61,254.00 Design Fee: 1. Engineering Services $46,670.00 2. Survey Services $12,834.00 3. Direct Expenses $ 1,750.00 Total $61,254.00 FISCAL IMPACT: Funds are available this FY 07-08 Enterprise Fund Budget. The project will be paid for by water sale revenue. The project is included in the 07-08 capital budget designated as — Innovation Modifications. ATTACHMENTS: EXHIBIT #1 Resolution No. (R) 07 - 132 EXHIBIT #2 Contract Agreement EXHIBIT #3 Engineer's Proposal EXHIBIT #4 Easement TOWN OF ORO VALLEY Page 2 of 2 COUNCIL COMMUNICATION MEETING DATE: December 5, 2007 SUGGESTED MOTION: The Mayor and Council may wish to consider one of the following motions: I move to approve Resolution (R) 07 - 132 A Resolution of the Mayor and Council of the Town of Oro Valley, Pima County, Arizona Authorizing and Approving a Contract with Castro Engineering Corporation for Professional Design Services in the Amount of$61,254.00 for a New Water Main on Innovation Park Drive. Or I move to..... i,eis3 i , / ‘1/ J ck , h, Proj t Manager gFulp I ii(,64_, Ph' .. C. Sletta, P.E.,Water Utility Director David Andrews, Town Manager EXHIBIT 1 �PLLEY1Y/ o o o�- : ti 7 4 A q� • °NDED4c Resolution RESOLUTION NO. (R) 07- 13 2 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA AUTHORIZING AND APPROVING A CONTRACT WITH CASTRO ENGINEERING CORPORATION FOR PROFESSIONAL DESIGN SERVICES IN THE AMOUNT OF $61,254.00 FOR A NEW WATER MAIN ON INNOVATION PARK DRIVE. WHEREAS, the Town of Oro Valleyis a political subdivision of the State of Arizona vested all associated rights, privileges and benefits and is entitled to the immunities and with g � p g exemptionsgrantedmunicipalities munici alities and political subdivisions under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, the Director of the Water Utility Department has requested professional engineering services for a new water main on Innovation Park Drive; and g WHEREAS, the Oro Valley Water Utility Department selected Castro Engineering Corporation based onJro'ect understanding, approach, project team and capabilities; and p WHEREAS, it has been determined that it is in the best interest of the Town to enter into this Contract, attached hereto as Exhibit 2 and incorporated herein by this reference, with Castro neer Eng iin Corporation, and that the Mayor and Council of the Town of Oro Valley authorize Engineering � and approve the contract. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that the Contract attached hereto as Exhibit 2 between the Town of Oro Valley, Arizona, and Castro Engineering Corporation is hereby approved. BE IT FURTHER RESOLVED that the Mayor and any other administrative officials of the Town of Oro Valley are hereby authorized to take such steps as are necessary to execute and implement the terms of the Contract. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 5 th day of DECEMBER , 2007. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Tobin Sidles, Interim Town Attorney Date Date C:\Docwnerts and Sc tirsts\riacklitch\Local Settinan\Temporary Internet Files\OLK96\Resolution for Water Main-Imovation Park Drive.doc Oro Valley Attorney's Off ce/ch/110207 EXHIBIT 2 �lNU_E Y EY O Ali _ �O Off- = 2 44.4, '"„„ . BUNDEO'° Contract Agreement Y4] ,),(;),4*::: -*gz44,14,44.,-, �•�3qi�+ +Tw. 4:'t ro Aofri r .(a}d` w x hip' � 3s3 —A, TOWN OF ORO VALLEY DEPARTMENT— Water 11,000 North La Canada Drive ORO VALLEY, ARIZONA 85737 (520) 229- 5000 CONTRACT FOR PROFESSIONAL SERVICES PROJECT TITLE: Innovation Park Drive Water Main Modifications PROJECT NO.: OV-21-04-07 This contract is made and entered into by and between the Town of Oro Valley, a municipal Corporation(the"Town") and Castro Engineering Corp. (the"Consultant"). WITNESSETH: WHEREAS, the Mayor and Town Council/Town Manager of the Town of Oro Valley are authorized and empowered by the revisions of the Town Code to execute contracts for Professional Services. NOW THEREFORE, for and in consideration of the mutual covenants and conditions hereinafter contained, it is agreed by and between the Town and the Consultant as follows: SECTION I—DESCRIPTION OF PROJECT/SCOPE OF WORK See Exhibit"A", description/scope of work from Castro Proposal dated October 17 , 20 07 • SECTION II—PAYMENT SCHEDULE The negotiated fee process was utilized for this contract. For services described in Section I of this Contract, the Town shall pay the fee as negotiated in the amount of Sixty one thousand two hundred fifty four dollars and no cents ($ 61,254 ). Payment shall be made monthly on the basis of progress reports. Consultant must provide a F:\Forms\PES-Construction-Bid\Current standard contracts\Eng Contract Prof Sers ices 070907.doc Res ised 07/09/07 clear, detailed invoice reflecting items being billed for, a summary sheet showing percentage of work completed to date, amount/percent billed to date and current status of all tasks within the project with backup support documentation. Work schedule updates will be included in the monthly progress payment reports. SECTION III—PERIOD OF SERVICE Following receipt of a Notice to Proceed with the work, the Consultant shall complete all services described in Section I within 120 calendar days after Notice to Proceed is issued by the Town. In the event delays are experienced beyond the control of the Consultant, the completion date may be extended by mutual written agreement between the Town and the Consultant. SECTION IV—APPROVALS All work shall be subject to approval by Oro Valley Utility Director or his/her designee. Consultant agrees to exercise the skill and care which would be exercised by professional engineers performing similar services at the time and in the locality. If failure to meet these standards results in faulty work, Consultant shall undertake at its own expense the corrective adjustments or modifications. SECTION V—INDEMNIFICATION The Consultant agrees to indemnify, defend, and save harmless the Town, its Mayor and Council, the Oro Valley Utility Director and/or his/her designee, appointed boards and commissions, officials, officers, employees and the Town's insurance carriers, individually and collectively from all losses, claims, suits, demands, expenses, subrogations, attorney's fees, or actions of any kind and nature arising out of the Consultant's negligence or any subcontractor employed by the Consultant (including bodily injury and death) or damages to any property or any other losses, claims, suits, demands, and/or expenses, arising or alleged to have arisen out of the work to be performed, except any injury or damages arising out of the sole negligence of the Town, its officers, agents or employees. The amount and type of insurance coverage requirements set forth in Section VII will in no way be construed as limiting the scope of indemnity in this paragraph. SECTION VI—REPORTING Written monthly reports, together with updated work schedules, will be made by the Consultant in the format prescribed by the Town. These reports will be delivered to the Town no later than the fifth day of each month. When requested by the Town, the Consultant will attend Council meetings and provide finished documents including correspondence, supporting charts,graphs, drawings and colored slides for Council action. SECTION VII— INSURANCE See Attachment A SECTION VIII —AMENDMENTS Whenever a change in the scope of work is determined to be necessary, the work will be performed in accordance with the Contract provided. Before a change in the scope of work is implemented, a Change Order(s) shall be executed by the Town and the Consultant. Additions to, modifications of or deletions from the project may be made and the compensation to be paid to the Consultant may be adjusted accordingly by mutual written agreement of the contracting parties. It is agreed that no claim for extra work by the Consultant will be allowed by the Town except as provided, nor shall the Consultant do any work not covered by this Contract unless the work is authorized through a Change Order and signed by both Parties PRIOR to starting any additional work. All additional work, when authorized by executed Change Order(s), shall be compensated for by a fee as mutually agreed upon by the Town and the Consultant. The aggregate total of any Change Order(s)shall not exceed 20% of the original Contract unless specifically authorized by the Town Council in writing. 2 TIME IS OF THE ESSENCE for this Contract. When the Consultant submits a request for additional time for which work must be completed in a contract, a Contract Change Order must be initiated outlining the reason for applying for the extension and provide the drop dead date the work will be completed. The language "TIME IS OF THE ESSENCE" must be written into the Change Order. If the Change Work Order is agreed to and signed by the Town and the Consultant, it binds the Consultant to complete the work by the extended date designated in the Contract Change Order. The Town can then file suit against the Consultant if the work is not completed by the agreed upon date. If there is more than one extension agreed to,each extension must follow the same procedure. SECTION IX—TERMINATION The Town and the Consultant agree to the full performance of the covenants in this Contract, except that the Town reserves the right, at its discretion,to terminate or abandon the service provided for in this Contract or terminate or abandon any portion of the project for which services have been performed by the Consultant as follows: A. In the event that the Town terminates or abandons the services or any part of the services provided,the Town shall notify the Consultant in writing and, immediately after receiving such notice, the Consultant shall discontinue advancing the work under this Contract and shall proceed to close operations. B. Upon termination or abandonment, the Consultant shall deliver to the Town all drawings, notes, calculations, sketches and other materials entirely or partially completed, together with all unused materials supplied by the Town. C. The Consultant shall apprise the work he has completed and submit his appraisal to the Town for evaluation. D. The Consultant shall receive as compensation for services performed through the date of such termination or abandonment, a fee for the percentage of work actually completed. This fee shall be a Iiiiir percentage e of the Consultant fee described in this Contract under Section II and shall be in the amount mutually agreed to between the Consultant and the Town. The Town shall make this final payment within sixty(60)days after the Consultant has delivered the last of the partially completed items. SECTION X—LIQUIDATED DAMAGES If the work to be performed by the Consultant under Section 1 of this Contract is not timely completed, the Consultant shall pay to the Town$ 290.00 as liquidated damages for each day the work remains incomplete after the scheduled completion date. This amount is agreed upon because of the impracticability and extreme difficulty of ascertaining the actual damages the Town would sustain. The scheduled completion date for terminating liability for liquidated damages shall be 120 consecutive days from the effective date of Town's Notice to Proceed to Consultant, subject to Section XI—Force Majeure. For the purpose of determining applicability of liquidated damages(Section X),completion time shall be extended only if delay in completion of the work by the Consultant results from an unforeseeable cause beyond the control and without the fault or negligence of the Consultant. SECTION XI—FORCE MAJEURE Notwithstanding any other term, condition, or provision hereof to the contrary, in the event any Party hereto is precluded from satisfying or fulfilling any duty or obligation imposed upon such Party by the terms hereof due to labor strikes, material shortages, war, civil disturbances, weather conditions, natural disasters, acts of God, or other events beyond the control of such party, the time period provided herein for the performance by such Party of such duty or obligation shall be extended for a period equal to the delay occasioned by such events and must be agreed to IN WRITING by both Parties. 11 3 SECTION XII—ARBITRATION OF DISPUTES Any dispute arising under this contract that is not settled by the Town and the Consultant may, upon mutual agreement of the parties,be decided by an Arbitration Board composed of a representative of the Town, a representative of the Consultant and a representative mutually acceptable to the Town and the Consultant. The Town,however,reserves its rights as set forth in Arizona Revised Statutes, Title 12. The Consultant shall continue to render all services requested in this Contract without interruption, notwithstanding the provisions of this Section. Nothing herein shall be deemed to require arbitration except at the Town's discretion. The laws of the State of Arizona shall apply to this Contract, and the Consultant agrees to the subject itself to the jurisdiction of the Courts of the State of Arizona for any conflict that arises from the terms of this Contract. SECTION XIII—OWNERSHIP OF DOCUMENTS All documents including, but not limited to, tracings, drawings, original mylars, estimates, field notes, investigations, design analysis and studies which are prepared in the performance of this Contract are to remain the property of the Town. The Consultant shall furnish the Town, upon request, originals or copies of technical specifications and copies of all documents listed above. The Consultant shall endorse by his professional seal all plans and engineering data furnished by him. SECTION XIV—NO KICK-BACK CERTIFICATION The Consultant warrants that no person has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee; and that no member of the Town Council or any employee of the Town has an interest, financial or otherwise, in the Consultant firm. For breach or violation of this warranty, the Town shall have the right to annul this Contact without liability or, at its discretion, to deduct from the Contract Price or consideration, the full amount of such commission, percentage,brokerage or contingent fee. SECTION XV—CONFLICT OF INTEREST This Contract is subject to the provisions of A.R.S. § 38-511 which provides in pertinent part that the state, its political subdivisions or any department of either may, within three years after its execution, cancel any contract, without penalty or further obligation, made by the state, its political subdivisions, or any of the departments or agencies of either if any person significantly involved in initiating, negotiating, securing, drafting or creating the Contract on behalf of the state, its political subdivisions or any of the departments or agencies of either 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 Consultant to any other party to the Contract with respect to the subject matter of the Contract. -- SECTION XVI—ASSIGNMENT This Contract shall not be assignable except at the written consent of the Parties, and it shall extend to and be binding upon the heirs, executors,administrators, successors,and assigns of the Parties. The Consultant may assign money due to him under terms of this Contract to a banking or lending institute. The Town shall assist the Consultant in performing the assignment by testifying to the progress of the work as may be required. SECTION XVII-ENTIRE CONTRACT This is the entire Contract between the Parties. If any portion(s) of this Contract is (are) later found to be invalid or unenforceable, such portion(s) shall be null and void and without any effect on the rest of the Contract which shall continue in full force and effect. 4 NovembINer WITNESS WHEREOF, the parties have hereunto subscribed their names this 5th ,20 07 • day of TOWN OF ORO VALLEY: CONS TANT: By: B i. JA,a24ft (4,52,;(if rank G. Castro, Presiden Date: Date: 11-05-07 By: By: /lel ,Q , 0,Aci Joni A. ro, Secretary Date: Date: 11- 5-07 ATTEST: WITNESS (If Individual or Partnership) Kathryn E. Cuvelier, Town Clerk Date: APPROVED AS TO FORM: Melinda Garrahan,Town Attorney ii Date: SIGNING INSTRUCTION TO THE CONSULTANT: ALL SIGNATURES MUST BE NOTARIZED. In the event that the contracting firm is a corporation, the president and the secretary or the vice-president and the secretary of the corporation must sign and the corporate seal must affixed thereto. State of Arizona ) 11 ) ss. County of Pima ) SUBSCRIBED AND SWORN before me this 5th day of November , 20 07 by Frank G. Castro , who is known to me or has satisfactorily been identified as the President of Castro Engineering , and by Joni A. Castro who is known to me or has satisfactorily been identified as the Secretary , both as duly authorized agents to sign on behalf of Castro Engineering to bind and obligate the Consultant. •ii a Public k-7_,---,_,-.....,,,, 4..---------....--...,,,,,,-2----,--— My Commission Expires: ' "OFFICIAL S kl- z- Christina Diaz w '•��''�`///,'177'O?7y ti Pima County S fir° Mt C51,Mission Ex sires 11_16/2007 5 ATTACHMENT A INSURANCE The Consultant agrees to obtain insurance coverage of the types and amounts required consistent with the coverage limits shown below. Coverage Afforded Limits of Liability Workmen's Compensation Statute Employer's Liability $100,000 Comprehensive General $1,000,000-Bodily Injury Liability Insurance Combined Single Limit (including blanket contractual $100,000 Property Damage and premises/operations) Professional Liability Insurance $500,000(Minimum) Combined Single Limit The Consultant shall provide satisfactory certificates on the required insurance coverage before beginning work. All policies shall contain an endorsement providing that written notice be given to the Town at least thirty (30) calendar days prior to termination, cancellation or reduction in coverage policy. Insurance policies shall remain in force until all work has been completed and the completed project has successfully fulfilled its warranty period. If a policy does expire during the life of the Contract, a renewal certificate of the required coverage must be sent to the Town of Oro Valley not less than five(5)workdays prior to expiration date. Each certificate shall include project description,project number and the signed acknowledgement of the insurance company. The Town of Oro Valley shall be included as an additional insured on all policies except Worker's Compensation and Professional Liability. Policies for General, Automobile, and Excess Liability are primary over any insurance available to the Town and as to any claims resulting from the Contract, it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the described insurance. In regard to Professional Liability,Consultant agrees to indemnify, defend, and save harmless the Town of Oro Valley, its Mayor and Council, appointed boards and commissions, officials, officers, employees, individually and collectively, from all losses, claims, suits, actions, payments and judgments, demands, expenses, attorney's fees, defense costs, or actions of any kind and nature resulting from personal injury to any person, including employees of the Consultant or of any subcontractor employed by the Consultant(including bodily injury and death) or damages to any property, arising or alleged to have arisen solely out of the negligent performance of the Consultant for the work performed. Consultant agrees to indemnify, defend and hold harmless the Town of Oro Valley, its Mayor and Council, appointed boards and commissions, officials, officers, employees, individually and collectively, against any an all claims arising out of errors, omissions or negligent acts in the performance of services by the Consultant. The amount and type of insurance coverage requirements set forth in the Contract will in no way be construed as limiting the scope of indemnity in this paragraph. In regard to General,Automobile,and Excess Liability,the Consultant agrees to indemnify,defend and save harmless the Town of Oro Valley,its Mayor and Council,appointed boards and commissions,officials,officers,employees,individually and collectively from all losses, claims, suits, actions, payments and judgments, demands, expenses, attorney's fees, defense costs, or actions of any kind and nature resulting from personal injury to any person, including employees of the Consultant or any subcontractor employed by the Consultant(including bodily injury and death)or damages to any property,arising or alleged to have arisen out of the negligent performance of the Consultant for the work to be performed hereunder, except any injury or damages arising out of the sole negligence of the Town, its officers, agents or employees. IT IS THE INTENTION OF THE PARTIES to this Contract that the Town of Oro Valley, its Mayor and Council, appointed boards and commissions, officials, officers, employees, individually and collectively, are to be indemnified against their own negligence unless and except that negligence is found to be the sole cause of the injury to persons or damages to property. The amount and type of insurance coverage requirements set forth in the Contract will in no way be construed as limiting the scope of indemnity in this paragraph. 6 i CONSULTING FIRM: PROFESSIONALS REGISTERED IN THE STATE OF ARIZONA (IN-HOUSE) In the space provided below, list name, major field of expertise, and professional registration number for all in- house Architects, Landscape Architects, Engineers, and Land Surveyors registered in the State of Arizona on your staff as of 5/02. Enter total number of Arizona Registrants listed below: 12* (For additional space use reverse side.) NAME FIELD REGIS.NO. Frank G. Castro Civil Engineering 15685 Land Surveying 17139 Steve W. McLain Land Surveying 29881 Sheila M. Bowen Civil Engineering 34924 John A. Litteer Civil Engineering 28168 Frank E. Fry Civil Engineering 37622 Thomas J. Cantrell Civil Engineering 30495 Scott J.Altherr Civil Engineering 43795 Joel T. Harris Civil Engineering 45628 Michelle S . Dodroe Civil Engineering 46318 Geoffrey M. Bradmon Civil Engineering 08912 John Lupo LSIT 07794 IKevin Payne Civil Engineering * Quinn Quihui Civil Engineering * II 1 * Passed EIT exam, awaiting certification No. 11 G. 7 CSR LM DATMM/DD/YYYY) ACORD CERTIFICATE OF LIABILITY INSURANCEcASTR-1 11/05/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Stuckey Ins & Assoc Agencies HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P.O. Box 7020 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 'hoenix AZ 85011-7020 hone: 602-264-5533 Fax:602-279-9336 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Hartford Casualty Insurance Co 29424 INSURER B: Progressive Casualty Ins. Co. 24260 Castro Engineeripg Corp INSURER C: Hartford Insurance Co. of 37478 3580 W Ina Road #200 INSURER D: EVANSTON INSURANCE CO 35378 Tucson AZ 85741 INSURER E: • COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'LPOLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MMIDD/YY) GENERAL UABIUTY EACH OCCURRENCE $1000000 DAMAGE 10 KLN I ED $300000 A X COMMERCIAL GENERAL LIABILITY 59SBABU58 93 02/21/07 02/21/08 PREMISES(Ea occurence) CLAIMS MADE X OCCUR MED EXP(Any one person) $10000 X Contractual PERSONAL&ADV INJURY $1000000 Liability GENERAL AGGREGATE $2000000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $2000000 POLICY X i PRO- LOC AUTOMOBILE UABILfTY COMBINED SINGLE LIMIT $1000000 B X ANY AUTO 02120506-2 05/01/07 05/01/08 (Ea accident) ALL OWNED AUTOS BODILY INJURY (Per person) $ SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE UABIUTY AUTO ONLY-EA ACCIDENT $ ANY AUTOOTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA UABIUTY _EACH OCCURRENCE $1000000 A X OCCUR CLAIMSMADE 59SBABU5893 02/21/07 02/21/08 AGGREGATE $1000000 DEDUCTIBLE - $ X RETENTION $10000 $ WORKERS COMPENSATION AND TWC STA IORY LIMITSS EER X_ R EMPLOYERS'LIABILITY C 5 9WECK5 8 418 05/01/07 05/01/08 E.L.EACH ACCIDENT $500000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $500000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $500000 OTHER D Professional Liab AE-813029 04/11/07 04/11/08 Per Claim 1000000 Aggregate 2000000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Professional Liab -Claims made- Retro date 1/13/94. RE: Innovation Park Drive Water Main Modifications, Oro Valley Project#: OV-21-04-07, Attn: Bob Jacklitch. The Town of Oro Valley is an additional insured per written contract with respect to General Liability. CERTIFICATE HOLDER CANCELLATION TOORO-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Town of Oro Valley IMPOSE NO OBLIGATION OR UABIUTY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 11000 N. LaCanada Dr. Oro Valley AZ 85737REPRESENTATIVES. /.21.� ACORD 25(2001/08) 0ACORD CORPORATION 1988 ,4411110. EXHIBIT 3 NtP EY'q'4/ 0 -7 4.0 t11\10 EO 1g�� Engineer's Proposal • • as ro n lneerin consulting engineers and surveyors October 17,2007 Mr.Mark Moore Senior Civil Engineering Technician Oro Valley Water Utility 11000 N.La Canada Drive Oro Valley AZ 85737 Re: Innovation Park Road Waterline Extension: Innovation Corporate Center Castro Engineering Proposal No.T07-113(R) Dear Mr.Moore: Castro Engineering is pleased to submit this revised proposal for engineering services to design approximately 2,000 lineal feet of 16-inch ductile iron waterline. This proposal is revised to increase the assumed lineal footage of pipeline from 1,200 to 2,000 and includes survey for design. It is our understanding that the proposed 16-inch waterline will replace an existing pipeline along Innovation Park Drive from approximately the Innovation Park Drive intersection with Tangerine Road to approximately 100' North of Vistosto Park Road. It is also our understanding that five tie-overs will be redesigned along the alignment as well. Design of Water Facilities: Water facilities will be designed in accordance with Oro Valley Water Utility Standard Specifications for Potable Water Construction (2000 Edition), the Arizona Department of Environmental Quality Engineering Bulletin No. 10, and AWWA Standards. Tucson Water Standard Specifications and Details (2001 Edition) and Pima County/City of Tucson Standard Specifications and Details for Public Improvements (1994 Edition) will also be employed where applicable. Castro Engineering will prepare the Design Report and will submit the documentation necessary to obtain the "Approval to Construct Water Projects" from the Pima County Department of Environmental Quality (PDEQ). Plans will be submitted to OVWU for review at the 30, 60, and 90% stages. Plans will also be submitted to utility companies and Oro Valley Public Works at the 60 and 90%stages. Final sealed plans will be delivered to OVWU following the 90%review. Castro Engineering will prepare construction documents in accordance with OVWU requirements, including Construction Plans,Estimate of Probable Construction Costs,Technical Specifications, Design Report, and Bid Proposal with Notice Inviting Bids. Final documents will be presented in hard copy format with final plans on Mylar. This proposal assumes arrangements will be made by OVWU allowing Castro Engineering to obtain the easement information for the placement of the waterline from WLB Group. Further, it assumes the easement will be located immediately adjacent to right-of-way and no temporary construction easements will be required. This proposal assumes a copy of the recorded easement will be provided by WLB Group or OVWU on or before receipt of the notice-to-proceed from OVWU. The design of water system improvements will be conducted using AutoCad. It is our understanding that Castro Engineering services will not be required during bidding to organize, schedule and chair the pre-bid,bid opening and pre-construction meeting,to issue addenda to prospective 3580 W. Ina Road, Suite 200 -Tucson AZ85741 - 520-293-2550- 520-293-2115 (Fax) Mr.Mark Moore Innovation Park Road Waterline Extension: Innovation Corporate Center Castro Engineering Proposal No.T07-113(R) October 17,2007 Page 2 of 4 bidders or to review shop drawings, bid tabs or prepare the bid tab summary. Should these services be requested,Castro Engineering will prepare a fee proposal for review and approval. It is our understanding that Castro Engineering services will not be required for construction period services,including construction observation,preparation of as-built plans,and submittal of the Engineer's Certificate of Completion to PDEQ. Should these services be requested,Castro Engineering will prepare a fee proposal for review and approval. This proposal assumes Castro Engineering will attend up to 9 meetings with either OVWU or other stakeholders during the design phase of this project. It is assumed that meetings will be no more than 2 Jhours each, with up to 1 hour for preparation and follow up for each meeting. A brief summary of all meetings will be provided to meeting attendees and the OVWU Project Manager within 3 working days following the meeting. Engineering Services: Task&Description Staff Type Hrs. Hrly Total fee Rate 1_Preparation of Construction Plans, Principal Estimate of Probable construction Engineer 68 190.00 $12,920.00 Costs and Special Specifications Project Engineer 224 115.00 $25,760.00 Intern 83 70.00 $5,810.00 2.PDEQ Principal 1 190.00 $190.00 Engineer Project 6 115.00 $690.00 Engineer 3. SWPPP Principal 2 190.00 $380.00 Engineer Project 8 115.00 $920.00 Engineer Total: $46,670.00 Mr.Mark Moore Innovation Park Road Waterline Extension: Innovation Corporate Center Castro Engineering Proposal No.T07-113(R) October 17,2007 Page 3 of 4 Pre-design Survey Services: Task&Description Total fee 1.Research $453.00 2.Pre-survey Calculations $464.00 3.Horizontal Control $822.00 4. Vertical Control $822.00 5.Field topography $3,288.00 6. Utility and Culture Location $4,288.00 7.Drafting $2,360.00 8.Review by Registered Land $337.00 Surveyor Total: $12,834.00 Pre-design Survey Exclusions • Legal description preparation • Hard copy of a Results of Survey drawing. • Location of pot holes. • Pavement lane striping • Location or setting of right of way or parcel corners. Assumptions Easement information will be provided by WLB Group or OVUW on or before receipt of NTP; `-'Bidding postdesign and services are not included; ✓OVWU willPaY all submittal and review fees. Aervices will be completed within four_months-followingz receiptdo the_notice-to-proceed, excluding reyiew time. The total for Engineering and Surveying services described in this proposal will be $59,504.00. Direct expenses will be billed at cost and are estimated at $1,750.00. The total estimate including direct expenses is$61,254.' This proposal is open for 30 days. If acceptable,please sign this letter and the"Standard Conditions"and return one to us. One original should be retained for your files. If accepted, the attached "Standard Conditions"become a part of this agreement Statements for work performed will be submitted every four weeks in accordance with the percentage of work performed. Any "T&M" (Hourly Basis) tasks will be billed at the prevailing Hourly Rate Schedule for the period of service on the invoice.Payment is due ten(10)days after receipt of our invoice. Mr.Mark Moore Innovation Park Road Waterline Extension: Innovation Corporate Center Castro Engineering Proposal No.T07-113(R) October 17,2007 Page 4 of 4 The above fee does not include client advances such as recording fees, hearing fees, title fees, etc., nor does it include Direct Expenses such as blueprinting,photocopying, and/or incidental costs which will be billed to you at our cost. Agency-required submittal fees are the direct responsibility of the client. Other services not included in this proposal, which you may require, will be provided upon your request with our fees to be charged on an hourly basis or as may be determined at the time of your request. If this project is not completed within one year from the date of this contract, the contract shall be renegotiated to revise the contract upper limit on the remaining work to be performed. We thank you for this opportunity to propose on this project for Oro Valley Water Utility. Should you have any questions or need clarification on any of the foregoing, please don't hesitate to contact me or Quinn Quihui at your convenience. We are most interested in providing these services for Oro Valley Water Utility and are able to begin immediately upon your approval and notice to proceed. Respectfully, CASTRO ENGINEERING CORP. (41/111111) at. Sheila M. Bowen,P.E. Vice President SMB/qq C: Frank Castro,Castro Engineering Quinn Quihui,Castro Engineering Job File EXHIBIT 4 LEY r/ 0 0 -57 0 4 At °UNDED Easement November 1, 2007 WLB No. 185050-V-W02-1003X W:\LEGALS\185050\Nh03\Venture-West\Water Blocks 1,2,5.doc The WLB Group LEGAL DESCRIPTION RANCHO VISTOSO NEIGHBORHOOD 3 VENTURE WEST PUBLIC WATERLINE EASEMENT (WITHIN BLOCKS 1, 2 AND 5) The Westerly 10.00 feet of Block 1, Block 2 and Block 5, being adjacent to and contiguous with the Easterly right-of-way line of Innovation Park Drive, in the Final Plat Rancho Vistoso Neighborhood 3, Innovation Corporation Center Blocks 1 through 6 and Common Area A (Conservation Easement/ Functional-Recreational Open Space/Drainage) Common Area B(Drainage), recorded in Book 63 of Maps and Plats, Page 17, within Section 31, Township 11 South, Range 14 East, Gila and Salt River Meridian, Town of Oro Valley, Pima County, Arizona As shown in Exhibit "W". Prepared by: THE WLB GROUP, INC. 01121-41** fr / 1 221 4 0 JACK A. BUCHANAN Jack A. Buchanan, RLS JAB: mo4,. i 0 .• �. `rono U S. Page 1 of 1 ,__ / I , I � I i � J L'O,' / i / D, -97, 14/P1 1 BLOCK I ,, BK 6 3 M&P,PG.17 �, . `5?'p I 0..? iRL is �.� 4' 49 I -0 eei 04 1 + 1 i *11'` \Al 0 f ' EPSNV- 1/4 COR. FOUND STONE CD BLOCK 2 \* -, BK63 M&P,PG.17 w 7 -,)-\'a 44 �, � ; 111BLI13 } ,-,‘ __„\% 1 \ ,`-'4 V / 1 ,r, .4._. Task PARS R.�A - —VIS 1 w .-.*-- 10' WATER 0 o EASEMENT I Bio BLOCK 6 o1z • 14 BLOCK 5 , (Au,1 I I. 0 - f.)1 1i O u TANGERINE ROAD 1 ' 1 I I I t , i . 11 1EXHIBIT "W" PUBLIC WATERLINE EASEMENT WITHIN INNO VA TION CORPORATE CENTER SECTION 31, T. 11 S., R. 14 E., G.S.R.M. 1"=300' PIMA COUNTY, ARIZONA Th e WLB GrouRVIVLE Mr WLB# project No. 185050VW01-1003X N:\185050\NEIGH3\exhibits\Exbt— BLK 1 ,2,5 Water.dwg Plotted: Nov. 02, 2007 H TOWN OF ORO VALLEY Page 1 of 2 COUNCIL COMMUNICATION December 5, 2007 TO: Water Utility Commission FROM: Philip C. Saletta, P.E., Water Utility Director SUBJECT: RESOLUTION NO. (R) 07- 133 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AMENDING RESOLUTION NO. 05-09, THE TOWN OF ORO VALLEY WATER UTILITY MAYOR AND COUNCIL WATER POLICIES REGARDING A.R.S. § 45-454 (D)(4) AND ADDING C.7. EXEMPT WELLS SUMMARY: On occasion there are requests to permit an exempt a well within the Oro Valley Water Service area. Individual landowners make these requests by application to the Arizona Department of Water Resources (ADWR). Recently ADWR has not issued exempt well permits if the property is within 100 feet of a water line within the Oro Valley Water Service area and service can be provided by Oro Valley Water Utility. This is in accordance with Arizona Revised Statutes §45-454. This statute has an exemption under Subsection (D)(4), that allows a well to be permitted if both the landowner and the water provider independently agree to the exempt well. ADWR has issued a Substantive Policy Statement on August 29, 2007 regarding the interpretation of A.R.S. §45-454 Subsection (D)(4) and OVWU Staff wants to amend the existing Oro Valley Water Utility Mayor and Council Water Policy to be consistent with the ADWR Substantive Policy Statement. This policy statement basically states that if the water provider agrees to an exempt well, they would send a verification letter to ADWR. Recently there was a request by a landowner to send a verification letter and OVWU has declined to send such a letter in correspondence through the Town Attorney. OVWU is requesting C.7.Exempt Wells be added to the OVWU Mayor and Council Water Policy. This proposed amendment to the Water Policy states that the Town will not issue a verification letter to the landowner or ADWR if adequate water service is available and within 100 feet of the property boundary. This proposed amendment is consistent with the state statue and the ADWR policy and protects the Town's groundwater resources. On November 13, 2007, the Water Utility Commission unanimously approved a motion recommending that Town Council approve this proposed Resolution that adds C.7. Exempt Wells to the Water Policy. ATTACHMENTS: 1) Proposed Resolution with attached Exhibit A - C.7. Exempt Wells 2) ADWR Substantive Policy Statement regarding A.R.S. §45-454 (D)(4). TOWN OF ORO VALLEY Page 2 of 2 COUNCIL COMMUNICATION December 5, 2007 I SUGGESTED MOTION: I move to approve Resolution (R) 07- 133 amending the Town of Oro Valley Water Utility Mayor and Town Council Policy by adding C.7. Exempt Wells. or I move to.... iii A-t-T de44_______ Philip C. Saletta, P.E., Water Utility Director /L.Da Andrews, Town Ma ger • RESOLUTION NO. (R) 07- 133 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AMENDING RESOLUTION NO. 05-09, THE TOWN OF ORO VALLEY WATER UTILITY MAYOR AND COUNCIL WATER POLICIES REGARDING A.R.S. § 45-454 (D)(4) AND ADDING C.7. EXEMPT WELLS WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona vested with all associated rights, privileges and benefits and is entitled to the immunities and exemptions granted municipalities and political subdivisions under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, on October 23, 1996, the Town Council approved Resolution No. 96-87, adopting the Oro Valley Mayor and Council Water Policies; and WHEREAS, on March 2, 2005, the Town Council approved Resolution No. 05-09, amending the Oro Valley Mayor and Council Water Policies; and WHEREAS, updated policies will enhance future Town planning and operations of the Water Utility; and WHEREAS, it is in the best interest of the health, safety and welfare of the customers of the Oro Valley Water Utility to adopt the amended Mayor and Council Water Policies. %toe NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona that the Town of Oro Valley Mayor and Council Water Policies as amended to add Section C.7. Exempt Wells (attached as Exhibit "A") are hereby approved. BE IT FURTHER RESOLVED that the Mayor and any other administrative officials of the Town of Oro Valley are hereby authorized to take such steps as are necessary to execute the Town of Oro Valley Mayor and Council Water Policies as amended. BE IT FURTHER RESOLVED that if any portion of these policies is found to not be enforceable by a court of competent jurisdiction, that portion shall be declared severable, and the remainder of the policies will remain in full force and effect. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 5th day of DECEMBER 2007. F:\Individual Files'.ichaparro\lris.Files\Town Council Folder\T.C.Communications\2007 T.C.Comm\RESOLUTION-EXEMPT WELLS D(4)-11 1607.doc Town of Oro Valley Attorney's Office/ca/021005 TOWN OF ORO VALLEY Nod Mayor Paul H. Loomis ATTEST: APPROVED AS TO FORM: Kathryn Cuvelier, Town Clerk Tobin Sidles, Interim Town Attorney Date: Date: -god -god F:\Individual Files\ichaparro\lris.Files\Town Council Folder\T.C.Communications\2007 T.C.Comm\RESOLUTION-EXEMPT WELLS D(4)-111607.doc Town of Oro Valley Attorney's Offce/ca/021005 Exhibit A • C.7. Exempt Wells a. The groundwater resources available to the Town of Oro Valley (TOV) and its residents are limited and therefore need to be managed. b. TOV desires to have orderly and systematic development of its water infrastructure. c. TOV also has renewable water resources that will be developed in the future to meet the needs of the community while preserving and protecting groundwater resources. d. Pumping from exempt wells will continue to deplete available groundwater resources because there is no obligation for exempt well users to comply with the "Safe Yield" requirements of the Groundwater Management Act. e. TOV has a Designation of an Assured Water Supply from the Arizona Department of Water Resources (ADWR) and provides, by way of plat approval for subdivisions, that Assured Water Supply within its water service area. f. A.R.S. § 45-454 was adopted to limit the number of exempt wells in areas where water service is available from a water provider. g. ADWR has developed a Substantive Policy Statement regarding the Interpretation of A.R.S. § 45-454 (D)(4) that both the landowner and the water provider understand and agree to the exercise of the exemption. This protects both the landowner and the water provider and ensures that neither party binds each other against their will. h. TOV desires to protect groundwater resources by not allowing and/or limiting the number of exempt wells to be constructed within its water service area. It is the Town's policy that it will not provide a verification letter to the landowner or ADWR for an exempt well permit application under A.R.S. § 45- 454(D)(4) if adequate water from the Water Utility is available within 100 feet of any portion of the property boundary. j. TOV through its Water Utility will provide water service to any landowner's property within its water service area if there is adequate water service available, any and all infrastructure costs to and within the property from TOV water pipelines are paid by the landowner, and all water development fees are paid by the landowner. ARIZONA DEPARTMENT OF WATER RESOURCES SUBSTANTIVE POLICY STATEMENT This substantive policy statement is advisory only. A substantive policy statement does not include procedural documents that only affect the internal procedures of the agency and does not impose additional requirements or penalties on regulated parties or include confidential information or rules made in accordance with the Arizona administrative procedures act. If you believe that this substantive policy statement does impose additional requirements or penalties on regulated parties you may petition the agency under Arizona Revised Statutes§41-1033 for a review of the statement. INTERPRETATION OF A.R.S. &45-454(D)(4) RELATING TO EXEMPT WELLS I. Background Generally, A.R.S. § 45-454(B) states that non-irrigation wells drilled after April 28, 1983, which have a pump capacity of not more than 35 gallons per minute and for which a notice of intention to drill is filed with the Department, are exempt from the provisions of the Groundwater Code. In 2005, the Legislature passed S.B. 1190, which amended A.R.S. § 45-454 to prohibit the drilling of an exempt well in initial Active Management Areas ("AMA's") on land within 100 feet of the operating water distribution system of a municipal provider with an assured water supply designation. See A.R.S. § 45-454(C). However, S.B. 1190 also included a provision that states that on request from the owner of the land on which an exempt well is prohibited under subsection (C), the director shall issue an exemption from the prohibition if the landowner demonstrates to the satisfaction of the director that any of the following apply: 1. The landowner submitted a written request for service to the municipal provider that operates the distribution system and the municipal provider did not provide written verification to the landowner within thirty calendar days after receipt of the request that water service is available to the landowner after payment of any applicable fee to the municipal provider. 2. The total capital cost and fees for connecting to the operating water distribution system exceed the total capital cost and fees for drilling and fully equipping an exempt well. 3. If the applicant must obtain an easement across other land to connect to the water distribution system of the municipal provider, the applicant sent the owner of the land a request for the easement by certified mail, return receipt requested, and either the applicant did not receive a response to the request within thirty calendar days of mailing the request or the request was denied. 4. The landowner does not qualify for an exemption pursuant to 1 paragraphs 1, 2 or 3 of this subsection and the landowner provides written verification from the municipal provider that the landowner shall not receive or request water service from the municipal provider while the exempt well is operational. The exemption for that well is revoked if the landowner or any subsequent landowner receives water service from the municipal provider. In determining whether to approve or reject a permit application filed under § 45-599, the director shall not consider any impacts the proposed well may have on an exempt well drilled pursuant to this paragraph. During the past year, the Arizona Department of Water Resources ("ADWR") has received several requests from landowners for an exemption pursuant to A.R.S. § 45-454(D)(4) (referred to herein as "subsection (D)(4)"). ADWR granted three exemptions under subsection (D)(4) without requiring that the landowner provide written verification from the municipal provider that the landowner shall not receive or request water service from the provider while the exempt well is operational. At the time the exemptions were granted, ADWR interpreted subsection (D)(4) to require only that the landowner verify in writing that he or she shall not receive or request water service from the provider while the exempt well is operational. ADWR has reconsidered its interpretation of subsection(D)(4) and has determined that its interpretation should be changed. II. A.R.S. § 45-454(D)(4) Requires Written Verification from the Municipal Provider Subsection (D)(4) provides that the Director shall grant an exemption under that subsection if "the landowner provides written verification from the municipal provider that the landowner shall not receive or request water service from the municipal provider while the exempt well is operational." The subsection also provides that "[On determining whether to approve or reject a permit application filed under § 45-599, the director shall not consider any impacts the proposed well may have on an exempt well drilled pursuant to [subsection (D)(4)]." Thus, subsection (D)(4) allows a landowner to drill an exempt well on land within 100 feet of a designated provider's operating water distribution system, while also overcoming the provider's concern that the exempt well may interfere with the provider's ability to drill a new non-exempt (e.g., service area) well. It is the Department's position that subsection (D)(4) requires both the landowner and the water provider to understand and agree to the exercise of the exemption. The landowner must agree not to request service while the exempt well is operational, and the municipal provider must agree that the landowner will not receive water service while the exempt well is operational. Subsection (D)(4) makes it clear that the landowner is responsible for providing the written verification of this to the Department, but that submission requirement does not grant the landowner the ability to exercise the exemption unilaterally. On the contrary, the statute clearly requires an affirmative action from the municipal provider. This arrangement protects the interests of the landowner andthe provider, specifies what each party is agreeing to, and ensures that neither binds the other against their will. In addition, the landowner waives future claims against "unreasonably increasing harm" caused by a well permitted under A.R.S. § 45-599. As the statute intends, this exemption is both narrow and specific. It does not grant landowners an automatic exemption, but provides an opportunity for the parties to reconcile their competing interests. For the foregoing reasons,ADWR shall implement subsection(D)(4)as follows: A landowner requesting an exemption pursuant to subsection (D)(4)must submit to ADWR a letter or other document from the municipal provider, signed by a representative of the municipal provider, verifying that the landowner shall not receive or request water service from the municipal provider while the exempt well is operational. ADWR shall not grant an exemption pursuant to subsection(D)(4) unless the landowner requesting the exemption submits such written verification to ADWR. III. EFFECTIVE DATE This substantive policy statement shall become effective immediately. I Dat: , I A _ A 61 Kare' Smith, Dep i •irector Arizona Departme of Water Resources 3 TOWN OF ORO VALLEY Page 1 of 2 COUNCIL COMMUNICATION MEETING DATE: 12/5/2007 TO: HONORABLE MAYOR& COUNCIL FROM: Philip C. Saletta, P.E., Water Utility Director David Ruiz, Engineering Division Manager SUBJECT: PHASE 2 RECLAIMED WATER SYSTEM, LA CANADA DRIVE 24- INCH & 16-INCH PIPELINES, Resolution No. (R) 07-134 , a resolution of the Town of Oro Valley, Pima County, Arizona, Authorizing and Approving a construction contract with Action Pipeline Contractors, Inc., in the amount of$1,692,208.16 for installing 24-inch and 16-inch pipeline in La Canada Drive to deliver reclaimed water to the two Hilton Golf Courses located on La Canada Drive as shown on Plan No. OV24-02-07. SUMMARY: The 24-inch and 16-inch pipelines to be installed per this contract are part of the Phase 2 Reclaimed Water System and, when completed, will deliver reclaimed water to the two Hilton Golf Courses located on La Canada Drive. Currently the two Hilton Golf Courses use potable water for irrigation. The conversion from potable water to reclaimed water will save approximately 1,000 acre feet or 326 million gallons of potable water per year. This project has been coordinated with the La Canada Drive Roadway Improvements planned by Public Works. Hilton El Conquistador has executed Reclaimed Water End User Agreements for both Hilton Golf Courses. The low bid submitted by Action Pipeline Contractors, Inc. was determined to be responsive and responsible and is our recommendation of award. Bids received for subject project are as follows: 1. Action Pipeline Contractors, Inc. $1,692,208.16 2. Trinity Southwest Contractors, LLC $1,975,678.00 3. Achen-Gardner, Inc. $2,383,432.91 6. Engineer's Estimate $2,656,006.00 FISCAL IMPACT: Funds are identified in the 2007-2008 fiscal year budget. This project is being financed through Water Infrastructure Financing Authority of Arizona(WIFA). ATTACHMENTS: 1. Resolution No. (R) 07- 134 2. Exhibit No. 1, Construction Contract 3. Sketch of Project Location TOWN OF ORO VALLEY Page 2 of 2 COUNCIL COMMUNICATION MEETING DATE: 12/5/2007 SUGGESTED MOTION: The Town Council may wish to consider one of the following motions: I move to approve Resolution (R) 07- 134 , a resolution of the Town of Oro Valley, Pima County, Arizona, Authorizing and Approving a construction contract with Action Pipeline Contractors, Inc., for installing 24- inch and 16-inch pipeline in La Canada Drive as part of Phase 2 Reclaimed Water System. or I move to Ot/ Engineering Division ►/'.na•er (011j'os Water Utility Director 64444,- 64%41...- Town Manager ATTACHMENT NO. 1 Nip`LLEY,A, O O OQ- �� 'a-:-0,-,,, Yom. to, - : :4 . ,e,, et ---..,, ."-s � � � O UNDER 1g Resolution RESOLUTION NO. (R) 07- 134 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO Sklar VALLEY, ARIZONA AUTHORIZING AND APPROVING A CONSTRUCTION CONTRACT WITH ACTION PIPELINE CONTRACTORS, INC. IN THE AMOUNT OF $1,692,208.16 TO INSTALL 24-INCH AND 16-INCH PIPELINE IN LA CANADA DRIVE TO DELIVER RECLAIMED WATER TO THE TWO HILTON GOLF COURSES LOCATED ON LA CANADA DRIVE AS PART OF PHASE 2 RECLAIMED WATER SYSTEM. WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona vested with all associated rights, privileges rivile es and benefits and is entitled to the immunities and exemptions granted g es munici alitiand political subdivisions under the Constitution and laws of the State of Arizona and the p United States; and WHEREAS, part art of the Town's Phase 2 Reclaimed Water System, the Town submitted Request for Proposals to install 24-inch and 16-inch pipeline in La Canada Drive to deliver reclaimed water to the two Hilton Golf Course ponds located on La Canada Drive south of Tangerine Road; and WHEREAS, the lowest responsive and responsible bidder to the Town's Request for Proposals to install 24-inch and 16-inch pipeline is Action Pipeline Contractors, Inc.; and WHEREAS, it has been determined that it is in the best interest of the Town to enter into this Contract, attached hereto as Exhibit No. 1 and incorporated herein by this reference, with Action Pipeline Contractors, Inc., and that the Mayor and Council of the Town Oro Valley, authorize and approve the likorr contract. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that the contract (attached hereto as Exhibit No. 1) between the Town of Oro Valley, Arizona, and Action Pipeline Contractors, Inc., is hereby approved. BE IT FURTHER RESOLVED that the Mayor and any other administrative officials of the Town of Oro Valley are hereby authorized to take such steps as necessary to execute and implement the terms of the Contract. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 5th day of DECEMBER , 2007. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Tobin Sidles, Interim Town Attorney Date: Date: C:\Documents and Settings\druiz\Local Settings\Temporary Internet Files\OLK8\Resolution for Action Pipeline Contractors lnc.doc Oro Valley Attorney's Once/ch/111407 ATTACHMENT NO. 2 NE''q,Q, O <-O Off- 27 it* ) f ‘-vr S 40 ad ' I r Ip mo` -- A- bc °uNDED A91 Exhibit No. 1 Construction Contract By Notary Public My Commission Expires: TOWN OF ORO VALLEY MINORITY AND WOMEN-OWNED BUSINESS PROJECT REQUIREMENTS ACTUAL MBE/WBE PARTICIPATION AFFIDAVIT for PHASE 2 RECLAIMED WATER SYSTEM,LA CANADA DRIVE 24-INCH AND 16-INCH RECLAIMED WATER LINE PROJECT, PROJECT No. OV24-02-07 (COMPLETED AFFIDAVIT MUST BE SUBMITTED WITHIN SEVEN CALENDAR DAYS FOLLOWING THE BID OPENING) AcrtoM P,JEL J A1C. �1�1T GT�P,S�fl c. Town of Oro Valley Water Utility Department Name of Prime Contractor Project No. OV24-02-07 Total Amount of Contract$ I,(;)q 2 Lo . lio Contract MBE/WBE Goal: ..� AL1T 'R. A MAD ate Contact Person The required affidavit shall be returned by the contractor to the Town of Oro Valley Water Utility Department, 11000 North La Canada Drive, Oro Valley,AZ 85737; Attention: itior Street No. Telephone Town of Oro Valley at(520) following completion of contract negotiations with the Town of Oro Valley Water Utility Department. T Ii c.&orl► kZ Q5'7 I l City State Zip Minority/Women-Owned Firm: A c rt1 DN ?(I EL E. ItTRPr7 ,ENC. / PP i ► •, I` • TD e. Principal: A LBERT . A M A d o Address: Lf,_ b E 1 c T I-i 5 Tr Type of Work: WOE urI. Subcontract: (\ /A Amount/Percent of Contract:$ t (O O 00 D� / (.o°I 77o TOTAL(Dollars/Percentage) (Attach additional sheets if necessary) The undersigned has entered into a formal agreement'with the MBE/WBE subconsultants/subcontractors listed above, in the execution of this contract with the Town of Oro Valley. STATE OF ARIZONA ) ss Signature County of Pima ) i _ b Title tLi ' •r Date Subscribect and sworn to before me ; ,- . ramila Kline, !��►%, Notary Public-P rixona this 2.'4 day of NActil5e4/pa by Pima County ,-a•• My Commission Ex,ires `•"4, May 16-,2009 C:`,Documents and Settings'druir.My Documents,La Canada Reclaimed Bid Doc for Phase 2 Reclaimed Water System La Canada.doc 1 ► r' Not ry Plc My Commission Expires: f)1 O TOWN OF ORO VALLEY MINORITY/WOMEN OWNED BUSINESS PROJECT REQUREMENTS PHASE 2 RECLAIMED WATER SYSTEM,LA CANADA DRIVE 24-INCH AND 16-INCH RECLAIMED WATER LINE PROJECT,PROJECT NO.OV24-02-07 MBE/WBE PARTICIPATION PAY FORM (To be attached with each request for Pay) DATE: General Contractor: Contact Person: Address: Telephone: Work Order No.: Name of Project: .44000 For Pay Period of: MBE/WBE Sub Contractor/Vendor: Contact Person: Address: Telephone: Type of Firm: Type of Work performed for project: Total MBE/WBE Sub Contractor Amount: $ Amount paid to MBE/WBE this invoice: $ Total paid to MBE/WBE to date: $ D/M/WBE Contract Goal for this project: Total ME/WBE Participation on this contract to date: (amount paid/total paid) SEND TO: Town of Oro Valley Water Utility Department Attention: "%vie 11000 North La Canada Drive Oro Valley,AZ 85737 C:'Documents and Settings\druiz\My Documents\\La Canada Reclaimed'.Bid Doc for Phase 2 Reclaimed Water System La Canada.doc CONTRACT PROJECT NO: OV 24-02-07 THIS CONTRACT, made and entered into by and between the Town of Oro Valley, a municipal corporation (the "Town")and Action Pipeline Contractors,Inc. , (the "Contractor"). The Town and the Contractor for the consideration named agree as follows: SECTION 1. The complete Contract includes all of the Contract Documents as if set forth in full herein. The Contract and all Contract Change Orders issued after the execution of the Contract, Addendum No(s). 2 issued prior to the opening of the bids, the Special Provisions, the Project Plans (Exhibit[s]N/A ), the Standard Plans, the Standard Specifications, the Waterworks Standards, Reference Specifications, the Bidder's Proposal, the Notice Inviting Bids, the Non-Collusion Affidavit, the Performance Bond, the Payment Bond, the Bidders Bond, and the Surety Bond for the one-year guarantee period, all of which are essential parts of this Contract as defined in Attachment 1. In the event of any conflict in these provisions, the terms of the Contract Documents shall control, each over the other, in the order provided. SECTION 2: This Contract is subject to the MBE/WBE project participation and Contracting Requirements as acknowledged in the Notice Inviting Bids,pages 4 through 16 . The Contractor shall furnish all materials, except as otherwise provided in the Plans or Specifications, and will perform all the work for the PROJECT NO. OV 24-02-07 PROJECT NAME: Phase 2 Reclaimed Water System, La Canada Drive 24-inch and 16-inch Reclaimed Water Line necessary to complete in a good, workmanlike and substantial manner the work in accordance with the Contract Documents for this Project. The Contract documents are specifically referred to and made a part hereof this Contract. SECTION 3. The Town will pay the Contractor the amount of One Million, Six Hundred and Ninety Two Thousand,Two Hundred and Eight Dollars and Sixteen Cents ($1,692,208.16) for a base contract, subject to change of materials and work orders. The Contractor agrees to receive and accept the prices set forth in the Bid Schedule as full compensation for the work required under the bid items awarded by the Town subject to additions and/or reductions of the quantities of the various bid items at the unit prices bid for furnishing all labor and materials and for doing all the work contemplated and embraced under this Contract. The Contractor further agrees that: a. The Town will not pay any claim submitted to the Town by the Contractor outside the Scope of Work of the Contract unless the claim is SUBMITTED IN WRITING to the Town and APPROVED BY THE TOWN IN WRITING BEFORE any such work is started. b. The Town will not pay for any cost increases for labor and materials outside the original prices as set forth in the Bid Schedule unless SUBMITTED IN WRITING to the Town and AGREED TO IN WRITING by the Town IN ADVANCE. c. In the event of unforeseen difficulties or obstructions arising out of the nature of the work to be performed are encountered by the Contractor, the Contractor SHALL NOT MOVE FORWARD with any additional work until that work is APPROVED IN WRITING by the Town's Project Manager for Project OV-24-02-07. NINNY d. The Contractor shall be responsible for all expenses incurred by or in consequence of the suspension and/or discontinuance of work CAUSED BY Contractor. C:\Documents and Settings`druiz\My Documents\La Canada Reclaimed Bid Doc for Phase 2 Reclaimed Water System La Canada.doc 3 3 e. The Contractor shall faithfully complete the work in the manner and in accordance with the Contract Documents and the requirements of the Town's Project Manager under them. f. Any additional charges incurred without WRITTEN CONSENT of the Town shall be considered incidental costs to the Contract with NO COST to the Town. SECTION 4. TIME IS OF THE ESSENCE for this Contract. The Contractor agrees to commence work pursuant to this Contract within 7 calendar days after the date of authorization specified in the Notice to Proceed and to diligently prosecute the same, day to day, to completion within 309 calendar days after the date provided except as adjusted by subsequent Contract Change Order(s). All additional work, when authorized by executed Change Order(s) shall be compensated for by a fee as mutually agreed upon by the Town and Contractor. The aggregate total of any Change Order(s) shall not exceed 20% of the original Contract unless specifically authorized by the Town Council in writing. When a contractor submits a request for a date extension for which work must be completed in a contract, a written Contract Change Order shall be initiated outlining the reason for applying for the extension and the drop dead date the work will be completed. The language "TIME IS OF THE ESSENCE" must be written into the Change Order. If the Change Work Order is agreed to and signed by the Town and the Contractor, it binds the Contractor to complete the work by the extended date designated in the Contract Change Order. The Town can then file suit against the Contractor if the work is not completed by the agreed upon date. If there is more than one extension is agreed to, each extension shall follow the same procedure. SECTION 5. If the work to be performed by Contactor for this Contract is not timely completed, the Contractor shall pay to the Town $860.00 as liquidated damages for each day the work remains incomplete after the scheduled completion date. The scheduled completion date for determining liability for liquidated damages shall be 309 consecutive days from the effective date of Town's Notice to Proceed to the Contractor. For the purpose of determining applicability of liquidated damages, completion time shall be extended only if delay in completion of the work by the Contractor results from an unforeseeable cause beyond the control and without the fault or negligence of the Contractor per Section 6. SECTION 6. Force Majeure: Notwithstanding any other term, condition, or provision hereof to the contrary, in the event any party hereto is precluded from satisfying or fulfilling any duty or obligation imposed upon such party by the terms hereof due to labor strikes, material shortages, war, civil disturbances,weather conditions,natural disasters, acts of God, or other events beyond the control of such party,the time period provided herein for the performance by such party of such duty or obligation shall be extended for a period equal to the delay occasioned by such events and must be agreed to IN WRITING BY BOTH PARTIES. SECTION 7 The Contractor agrees to indemnify, defend, and save harmless the Town, its Mayor and Council, the Water Utility Director and/or his designee, appointed boards and commissions, officials, officers, employees and the Town's insurance carriers, individually and collectively from all losses, claims, suits, demands, expenses, subrogations, attorney's fees, or actions of any kind and nature arising out of the Contractor's negligence or any subcontractor employed by the Contractor (including bodily injury and death) or damages to any property or any other losses, claims, suits, demands, and/or expenses, arising or alleged to have arisen out of the work to be performed, except any injury or damages arising out of the sole negligence of the Town, its officers, agents or employees. The amount and type of insurance coverage requirements set forth in Section 8 will in no way be construed as limiting the scope of indemnity in this paragraph. SECTION 8. The Contractor agrees to obtain Insurance Coverage of the types and amounts as required in the Pima County/City of Tucson Standard Specifications for Public Improvements (Standard Specifications) and keep the Insurance Coverage in force until all work has been completed and the completed project has successfully completed C Documents and Settings'druiz'My DocumentsLa Canada Reclaimed'Bid Doc for Phase 2 Reclaimed Water System La Canada.doc 3 4 its warranty period. The Contractor shall furnish the Town with a Certificate evidencing liability insurance policy or tkowy policies with the minimum insurance limits as indicated. All policies will contain an endorsement providing that written notice be given to the Town at least thirty (30) calendar days prior to termination, cancellation, or reduction in coverage in any policy. SECTION 9. The Contractor agrees that any inspection by the Town Representative or by other agents or employees of the Town of the work performed are for the purpose of ensuring the technical competence of the work and adherence to other contractual provisions. Inspections are not for the purpose of safeguarding workers on the job,which is the sole responsibility of the Contractor. The Contractor warrants that he/she is fully familiar with all the safety requirements of the Occupational Safety and Health Act as promulgated by the Federal Government and as implemented by the State of Arizona, and that he/she will be solely responsible for implementing and enforcing the same at all times. SECTION 10. The Contractor agrees to accomplish the work with a minimum of traffic interruption. If it becomes necessary to close any traffic lanes on any street within the Town, permission must first be obtained from the Town Engineer's Office. Permission shall be requested at least 48 hours in advance for residential streets and 72 hours in advance for arterial streets. The Contractor shall furnish and place all detour signs and any other warning signs in accordance with the SPECIAL PROVISIONS. SECTION 11. Should the Town bring any legal or equitable action for the purpose of protecting or enforcing its rights under this Contract, the Town shall recover, in addition to all other relief, its reasonable attorney's fees and court costs to be fixed by the court. SECTION 12. It is agreed that the Water Utility Director or his/her designee is authorized to execute Contract Change Order(s)necessary to the prosecution of the work, all in accordance with the Standard Specifications. SECTION 13. The Contractor agrees that he/she will not proceed with any extra work unless he/she has been authorized in writing to do so by the Water Utility Director or his/her designee prior to the commencement of any extra work. SECTION 14. The Parties do for themselves,their heirs, executors, administrators, successors and assigns agree to the full performance of all the provisions herein contained. Contractor may not, either voluntarily or by action of law, assign any obligation assumed by the Contractor without prior written consent of the Town. SECTION 15. The Contractor shall cause the Performance Bond to remain in full force and effect through the warranty and guarantee period. By my signature hereunder, as Contractor, I agree to keep the Performance Bond or cashier's check in equivalent of the full performance bond in full force and effect through said period. The cashier's check shall serve the same purposes and fully cover the requirements of a Performance Bond and a Payment Bond. SECTION 16. By my signature hereunder, as Contractor, I certify that I will comply with all provisions of the Town of Oro Valley Project No. OV24-02-07. billow SECTION 17. By my signature hereunder, as Contractor, I agree that even if only one (1) Progress Payment is Valleyfor this Project, the Town will retain tenpercent (10%) of the Progress prosecuted by the Town of Oro � � Payment amount. The ten percent (10%) retention will be discharged in accordance with the Standard Specifications. C:\Documents and Seuings'druiz\My Documents\La Canada Reclaimed\Bid Doc for Phase 2 Reclaimed Water System La Canada.doc 3 5 SECTION 18. By my signature hereunder, as Contractor, I agree that I am not an employee of the Town, and that I am performing the duties as an Independent Contractor, supplying my own employees, and maintaining my own insurance and handling all of my own internal accounting. The Town in no way controls, directs or has any direct responsibility for the actions of the Contractor. By my signature hereunder, as Contractor, I agree that I shall be responsible for the compliance with the United States Immigration Reform and Control Act of 1986, and shall indemnify and hold harmless the Town for any liability arising from failure of the Contractor to comply with this Act. This indemnification includes the costs of suit. By my signature hereunder,as Contractor,I agree that I shall be responsible for compliance with the Americans With Disabilities Act of 1990 and shall indemnify and hold harmless the Town for any liability arising from failure of the Contractor to comply with this act. This indemnification includes the costs of suit. SECTION 19. By their signatures hereunder, as Contractor and Town, the Parties agree to be bound by all applicable Federal and State regulations governing Equal Opportunity and Non-Discrimination. SECTION 20. Pursuant to the requirements of Arizona Revised Statutes,Title 34, the Town will require both of the following documents to be completed and submitted before the final payment is made and retainage is released. 1. A certification from the Prime Contractor that all bona fide project claims and bills from his/her subcontractors and suppliers have been paid, and that all his/her project claims against the Town have been resolved(CONTRACTOR'S AFFIDAVIT REGARDING SETTLEMENT OF CLAIMS). 2. The consent of surety affidavit signed by an authorized representative of the surety (CONSENT OF SURETY TO FINAL PAYMENT AND FULL RELEASE OF CONTRACT RETAINAGE OR SUBSTITUTE SECURITIES). The Town of Oro Valley reserves the right to obtain from the Contractor "satisfactory receipts for all labor and material billed and waivers of liens from any and all persons holding claims against the work". SECTION 21. This is the entire Contract between the parties. If any portion(s)of this Contract is (are) later found to be invalid or unenforceable, such portion(s) shall be null and void and without any effect on the rest of the Contract which shall continue in full force and effect. SECTION 22. This Contract is subject to the provisions of A.R.S. § 38-511 which provides in pertinent part that the state, its political subdivisions or any department of either may, within three years after its execution, cancel any contract, without penalty or further obligation, made by the state, its political subdivisions, or any of the departments or agencies of either if any person significantly involved in initiating, negotiating, securing, drafting or creating the Contract on behalf of the state, its political subdivisions or any of the departments or agencies of either 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 to the Contract with respect to the subject matter of the Contract. SECTION 23. THIS CONTRACT SHALL BE VALID UPON EXECUTION BY THE PARTIES. C Documents and Settings druizMy Documents La Canada Reclaimed Bid Doc for Phase 2 Reclaimed Water System La Canada.doc 3 6 TOWN OF ORO VALLEY, a Municipal Corporation BY: BY: Mayor Water Utility Director DATE: DATE: APPROVED AS TO FORM: BY: ACTION PIPELINE CONTRACTORS, INC. Name of Contractor (Company) Town Attorney BY: ..� ,41 j' DATE: BY: - `= r .y -cf f 79e ATTEST: DATE:// ----O 7 • Kathryn E. Cuvelier, Town Clerk Town of Oro Valley SIGNING INSTRUCTION TO THE CONTRACTOR: ALL SIGNATURES MUST BE NOTARIZED. In the event that the contracting firm is a corporation, the president and the secretary or the vice-president and the secretary of th'e corporation must sign and the corporate seal must affixed thereto. ***.:::1111111:. SUBSCRIBED AND SWORN before me this 2.4° day of No\ielvibeR , 20 07 by LAPS; DS A . A MASIO , who is known to me or has satisfactorily been identified as the President, and by A : - , . :, . who is known to me or has :.:-. satisfactorily been identified as the Secretary, both as duly authorized agents to sign on behalf of Ac2ijcJ T ITE L11 E • ' Callikkara,Stakto bind and obligate the Contractor. • ::::::..:':-::.,...:.,:•,f. -.. . .,.. . 4)(AAZt QA1&-e. Notary •My Commission Expires. Cl 1 Le 0001 • s.. - . j • i . -. :. ._-, rameis Kline. Notary Public-Arizona (',",'- - Pima County 'tl"•- My Commission Exsires . • Q ,• May 16,2009 • "' C:\Documents•and.Setinedruiz\My Documents\La Canada Reclaimed\Bid Doc for Phan 2 Reclaimed Water.System La Canada.doc •.3 7. • . I'ERF()K�11.��r uE BO I) Bond NO. AL7702 void (I low,.or c►tal Contract Amount) KNOWWr ALL PERSONS B\ "I'I-IESF: PRESENTS: WHEREAS.the I u«tt ofOrc►Valley'. State(If Arizona. has.«arced to Action Pipeline Contractors, Ir c. principal. designated as the"Contractor". a-Contract-for the work generally..described as follows: PROJEC"F NO. 0V24-02-07 PROJECT NAME: Phase 2 Reclaimed Water System, La Canada Drive 24-inch and I6-inch Reclaimed Water Line WHEREAS. said( ontractot is required to furnish a bond in connection with t outraet guaranteeing performance and this pond shall rerrtain iii tiril fuice and c•ffi.ct through the warranty and_uararitee perit.id tit the(•ontract. N(_)« THEREFORE, we the undersiuned Contractor and Surety, are held and tirittly bound unto the limn oof Oro Valley in tete sum c►t" One Million Six Hundred Ninety Two Thousand Two Hundred Eight and 16/100(Dollars)(s(s 1,692,208.16 ). to be paid to the .I o►u ri or its attorney. its successors and assigns: lbr which payment. %\ell and truly to he made, we hind ourselves. our heirs, executors and administrators, successors and assigns,jointly. and severally. firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SL'c'I-I. I he above('ontractur. his'her or its heirs. executors. administrators. successors 01 assicris. shall in all things stand to. abide by. and well and truly keep and perform the covenants. conditions and agreements in the c 't►ntract and any alteration made as Provided.on his her or their part to he kept and (performed at the tir►►c.•and in the tuiatiuueu sped tied, and in all respects according to their titre intent and meaning, and shall indemnify and save harmless the 'low!) of On) Valley. its officers. employees and agents. as therein stipulated. It shall he and remain iii full force and iitue until such tunic the proiedt is ,:i►rtipleted then this ohlicatinn shall become !lull and void. lit the event :suit is brought upon this bond by the I u s n and judgment is Iccov Bred. the Surety shall pay all costs incurred by the I-i.nsit iii the suit, iricltidin`► reasonable allotnev.s' lees to he fixed hy the court. IN 'WITNESS SS \I IERI'OF,we'Rive e hereunto set our hands and seals on this ;lay of November ?0 07 c'O I'I'RA("l'OR: SFkF:'FV: Action Pipeline Contractors,I `‘‘\\‘‘‘111(� Contractors Bonding and Insurance Company Name p AND llys� `lJ�ltc�: 630 E 19th Street = l(v s: 2999 N 44th Street Suite 450 Tucson AZ 85719 =o` �F c� Phoenix AZ 85018 _- - , o — -- -- , d A �' = 800-866-2242 1.(.1. tio. - 5 0-4,2-4302 ,..-� !tom __.-/ 79/ --r* '7711eite-47 rfrle: g l it1#1, � F. MCEIWaiftorney- n-l-act NOTE: This bond dust be executed )% hot IIirtititi case of a corporation, with corporate seal affixed. ill signatures must be acknowledged. (.-Attach acknowledgments.) 't'Itc attorney.-in-fact for the bonding company .trust he registered in at least one county in ttie Stale of Arizona. ..rrrrr rrr.ur.!'•,•.rrr, ,! I-.r._rr!.-•t.. ..:t r r.-,I.;rc.:!'r.l: .. _.•!S'h_+.,5 I'rr l.r rrr r.)••..rrr .rrr r' rrr r.r.r•:r r. 38 , r V (1101111,' CORPORATE A('KN()W i.F:1)(>ili NIFN.!(5) SI A I-l_ 01 .ARI/ON. ► (.01'NTY O1. PIMA I ()n tins f 3 clad- vô V ewe ev . -1 before rile'personally . . 0 appeared ...... ' 0 hi m known. «h,.. being h r nler,tl ilti• ss oin, did depose and say that hc• she wide' ) ii ltima County, .Arrrt►na anti that he.she is the t\12,.._ _teCti tYl t►f the Oki ri t4-0404,/cTncs the corporation »lila executed the Contract; that he:she kilow s the seal of the corporation, that the seal artixetl tt►\he instrument is the corporate seal: that is sas so,nixed by order of the Hoard of Onectors of the corporation. and that he she signed his,her naitie t4►the instrument by like order. ja)141. lit;li-ki ----- 3,06c1 N U \R\ MIMIC My(• )rllltitilol Expires: ' ' *-_- Pamela Kline ne .r, Notary Public-Arizona _ Pima County My Co ST:�1 L ()I. >>tl[1(- \ i .\�`+�� mmission Exaire.s 'ss: : May 16;2009 P (•Ot i N IN OF PIMA I 4111.11 On tins 13 t_I;iv t►I November . )O )c'It�r�•Inc personallyr Jeffrey F. McElwain — Q� appeared kin ii in me to he the person whose name is subscribed to this instrument as the Attorney-in-Fact oI CBIC Seattle WA "i -- - — — -- — ----- ant acknowledged to me that i e site subscribed the name 411. contractors Bonding and Insurance Company as Stireii,:. and his her tm it irarrie as Attorney-in-Fact. . Nita) -.. );-(...to NO VARY P 13[ 1(• \iv('tlrllllnssioil I-.`plres: /1-7- 2Q/i . „4,11_., OFFICIAL SEAL .:.-1C 't-, ALICIA KINES t'',,„ , !,aniI -�-� NOTARY PUBLiC- �, ARI�O'dA iiipsx - • PIMA COUNTY • My Comm. Exp. Nov. 7, 2010 I 1111111, I•..,:.•r.. ,,! .i1r:r. .I.i., `.1 I._,.•..-r, i .,�,I's I:,rrl.r.l1,..1i+ t. i'..:. •-. I.rr,... .. •. LIMITED POWER OF ATTORNEY-READ CAREFULLY CONTRACTORS BONDING AND INSURANCE COMPANY IS RESPONSIBLE ONLY FOR THE BOND DESCRIBED AND UP TO THE AMOUNT SET FORTH IN THIS LIMITED POWER OF ATTORNEY. ANY ERASURE WILL VOID THIS POWER OF ATORNEY. IF YOU HAVE ANY QUESTIONS ABOUT OR WANT TO VERIFY THIS POWER OF ATTORNEY CALL CONTRACTORS BONDING AND INSURANCE COMPANY TOLL FREE AT 1(800)765-2242 Penal Sum:$ $1,692,208.16 Attorney No.:AZ001 Power Number:AZ001 Bond No. :AL7702 Limited Power of Attorney Expires: 2/13/2008 Date Approved: 11/13/2007 Approved by: on Sirki Si gnatur (Print Name) Name of Principal: ACTION PIPELINE CONTRACTORS INC. Name of Obligee: TOWN OF ORO VALLEY Descriptions(s): PROJECT NO.OV24-02-07 Location(if applicable): ARIZONA KNOW ALL MEN BY THESE PRESENTS that CONTRACTORS BONDING AND INSURANCE COMPANY,a corporation duly organized and existing under the laws of the State of Washington and having its principal office in Seattle,King County,Washington does by these presents make, constitute and appoint JEFFREY F.MCELWAIN OF TUCSON AZ its true and lawful-Attorney-in-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver the bond(s)and/or other documents incidental thereto described above;and to bind the Company thereby as fully and to the same extent as if each such bond,or other documents incidental thereto was signed by the President,sealed with the corporate seal of the Company and duly attested by its Secretary;hereby ratifying and confirming all that the said Attomeyy-In-Fact may do in the premises. Saidappointment is made under and by the authority of the following resolutions adopted by the Board of Directors of CONTRACTORS BONDING AND INSURANCE COMPANY on September 10,2001. RESOLVED that the Chief Executive Officer,President,Chief Financial Officer,Secretary or any Vice President of the Company is authorized to appoint Attorneys-In-Fact for and on behalf of the Company with the power and authority to sign on behalf of the Company those surety bonds or undertakings of suretyship which may from time to time be approved by the Chief Executive Officer,President,Chief Financial Officer,Secretary or any Vice President of the Company;provided, however,that no Attorney-In-Fact shall be authorized to execute and deliver any bond or undertaking that shall obligate the Company for any portion of the penal sum thereof in excess of$15,000,000,and provided,further,that no Attorney-In-Fact shall have the authority to issue a bid or proposal bond for any project where,if the contract is awarded,any bond or undertaking would be required with a penal sum in excess of$15,000,000. An Attorney-In-Fact may also be authorized by Power of Attorney to excecute any consent or other document incidental to said bond or undertaking,provided such document does not obligate the Company is excess of the limit set forth above. In no event shall any Attorney-In-Fact have any authority to sign any document or otherwise bind the Company in any way in connection with a claim on a surety bond or undertaking. RESOLVED FURTHER that each Power of Attorney must set forth the specific description of the surety bond or undertaking to which it applies,the name of the principal,the name of the obligee,the penal sum,the bond number(except fora bid bond where there is no number),the identifying number of the Attorney-In-Fact,and the identifying number of the Power of Attorney. The Attorney-In-Fact shall not be authorized to obligate Company for surety bond or undertaking specified in the Power of Attorney(including any consents or other documents incidental to the surety bond or undetaking)for more than the penal sum specified in the Power of Attorney. RESOLVED FURTHER that the Chief Executive Officer,President,Chief Financial Officer,Secretary or any Vice President of the Company is authorized to establish a specific expiration date for the Power of Attorney and to modify that date from time to time as the Chief Executive Officer,President,Chief Financial Officer,Secretary or any Vice President of the Company deems necessary in his/her sole discretion;the applicable expiration date is to be clearly set forth in any written Power of Attorney. RESOLVED FURTHER that all previous resolutions by the Board of Directors authorizing the Chief Executive Officer,President,Chief Financial Officer,Secretary or any Vice President of the Company to appoint Attorneys-In-Fact for and on behalf of the Company remain in full force and effect;and that if a Power of Attorney based on this resolution is attached to a bond(for example,a bid bond),and a Power of Attorney based on another Board of Directors resolution is attached to another bond(for example,aperformance andpayment bond),it shall not affect the validityof either Power of Attorneyor Bond. P RESOLVED FURTHER that this Limited Power of Attorney containing this and the foregoing resolutions and the signatures of the President,Secretary,and Notary Public,and the corporate and Notary seals appearing hereon,are generated,stored and transmitted electronically,and therefore appear in printed form only at recipient's fax machine. This fax printed Limited Power of Attorney document and the signatures and seals appearing hereon therefore are,and shall be deemed orginals in all respects. RESOLVED FURTHER that the Company acknowledges the applicability of the Electronic Signatures in Global and National Commerce Act to this Limited Power of Attorney and that the signatures of the President,Secretary and Notary Public and the corporate and Notary seals appearing on any Limited Power of Attorney containing this and the foregoing resolutions as well as the Limited Power of Attorney itself and its transmission may be,or may be by facsimile or other means of electronic or electro-mechanical transmission or reproduction;and any such Limited Power of Attorney shall be deemed an original in all respects. IN WITNESS WHEREOF CONTRACTORS BONDING AND INSURANCE COMPANY has caused these presents to be signed by Don Si Sii.144,q430114botpotate seal to be hereto affixed 9/9/2 2. ;�o�s.•o......tifG9��,, CONTRACTORS BONDING AND INSURANCE COMPANY c W c' e By: J SEAL os • Don Sirkin,President �' '�y••..!979.••O�a- STATE OF WASHINGTON—COUNTY OF KING On 9/9/2002,personally appeared DON SIRKIN to me known to be the representative of the corporation that executed the foregoing Limited Power of Attorney and acknowledged said Limited Power of Attorney to be free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned,and on oath stated that he is authorized to execute the said Limited Power of Attorney. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. -04",'74b, Q.4.014.4')6071— ��`•,Y o"30'°,'' Notary Public in and for the State of Washington,residing at Seattle The undersigned acting under authority of the Board of Directors of CONTRACTORS BONDING AND INSURANCE COMPANY,hereby certifies,as or in lieu of Certificate of the Secretary of CONTRACTORS BONDING AND INSURANCE COMPANY,that the above and foregoing is a full,true and correct copy of the Original Power of Attorney issued by said Company,and does hereby further certify that the said Power of Attorney is still in force and effect. GIVEN under my hand,at Phoenix,AZ this 13 day of NOV 2007 ��.. R.Kirk Eland,Secretary A1(052004) ( ) PA1NIENI ROM) til (1 ►�,��„,►t I c�ta l(:t�r,t r t:�r�rt►iritt► Bond NO. AL7702 !OO1% :U.I. PERSONS B1 TI ILSE PRESENTS: 11 II E:ItE._�ti,the I ►��n of )1�► :rlle%,State of.�ri;t►rr:�.h:,, aidedtoAction Pipeline Contractors Inc. principal,herein:tUer desren:itecl:i.s the"('t11111.rctt►r" a"Contract'.kg the«ork r_enetally descriRd a, tuiit►‘‘,: PROJECT NO: 01.24-02-07 PR(.).JU T NAN11: Phare 2 Reclaimed Water S).steer. I.:,(..,nada Drive 23-inch and I('_itich Reelainrccl\1•:rtcr !ilk, \\•II/lit A .(•i►rrtractor is required to Iurnish a hued III c:uttrtectitln\11111 the(•ontract. to.;ccrcre the payment of claims of laborers. nrechau►res. material men and other persons as pro%tc.lecl by (:icy xO11 'i IIFRI•:l•ORE,‘Ne the under;i+mecl('t►r►tractttr and Surety are held and tirrtii\ hunt ur tr>the I ►A t tit (.11i) V•alle\ iii the Burn of Oneldillion_S� Hundred NinetyTwo Thousand Two Hundred Ei �t an16/1 Dollars.. 1s 1,692,208.16I ti►r lc hair pati nuent k%ell and truly to he rude. e bind our et\es,t►ur herr.t:tecritoi and administrator,. ,rrccesmurs and a:sicris, windy and se%eraI lv. 611111y hit tlre,e I►reerrt, Till CONDITION Oh Tilts 0131.1(;,1'i IoN is tit ('II. It (...ntiucic►t, his.her or it,heirs.e\ecutun.ad adnunistrators, successors or assiCrtti,or ,ulX:t►ntractors. .4h;111 lad u►hay any of the persons named in,or :iii punts due rendes the t'nemployment Insurance i.'ode s'ith respect to stork or labor perforated by air` claimant.or.anti .rrrrotint:required to he deducted.withheld.and paid user to the I a\ Board from the ssages of employees of the(.-'t►trtractor and hi`.her,uhct►ntractors.pursuant to the Re%entre:incl 1;r\ant n('t►clt. %yrth respect to'6toik and labor, that the Surety or Sureties tis Cl Ip:r\ ti►r ela Martie In .rti,ririount mitt ercetArnr tht_ Sinr Teethed In this.; bond, atheist ise the apps c ohlie:at non shall he ‘orc.i In the es t_nt Suit 0. hrouCht upon tiri, bond by the I ti.e.in ;Ind tu(l>;ntent is recon cred, the Surety shall pa). all costs incurred k the I ons n in the'quit. rrncirrt.iirue rtasormahle actor rrc`s tee`• t►►he l Ned h) the ihip, ;:c►trrt I hi.:hong shall inure to the hermit of any ut the persons named a;to Crt e a right t►i action to ..rich person'or their .LssI ens in an :suit hrotrI:t Upon this.bond IN 11 IT NEtiS WHEREOF,we has e hereunto Set our hands and ;sal;on this 13,1,, t►t. November -07 (•ON'ru-\( I OR: St la-rti: ••arae Action Pipeline Contractors Inc - � NN D rN retractors Bonding and Insurance Company 630E 19th Street 'oho '''"'''',�,��i/ .1c1�_lrt-��., _ .��QOR,4� ,},,i, p2999 N 44th Street Suite 450 Tucson AZ 85719 ; c o`� F,hoenix AZ 85016 •Id \t, 20 4302 = � �stps,:t,i � � 00-866-2242 ---- - —r aIC1tIffize.7 / //7_,:e S/11,cteq,' 0 '. 7 91 ` , . 1ttor lteN.-rn-l-:tct '/r kv,q ,-ItAcElwain 11,1 tic t l I. "Klein bond mist be eye used by both parties,and iii‘th ��` I �Vi t of a corporation.i.srttt corporate seal.!kneel. 111 signatures must he ackrtoitletigetl. (Attach acknottledgrtlents.) The.-\ttornev-in-i•ac•t for the bonding company must be registered in at least irrtte counts iii the State of Aritona. 40 r:trr r r.l .r•r lei. ,1!.i.. 1•.I'.....r: r .rr r r r n: .•rrrt.�r5 r, '4101110 ('oR1'oRA J'F. : ('KNOWLF:DGEN1)'.:1 '•(s) S-1.-All.()I- :ARV(iN \ ) 1»: C()t \-1.1.OI' MIA ) On this 1.3 day of/lei V . .._ _ m ir 1 1 e r o11.11 ti appeared ..e19,,,,,A), In me known. Who. beim! hy me dilly sworn,did depose a ti s lv that I ':she reside(s) in l'rtrla(.011111y. •\ry/„ria and that he sit is thy.• V t'(.►a F'es Je 'v tit.th tl �c� > >___ AtliM �, � � ���� r „t•atrt I1 ‘‘hlk•h c�,et�ut. Contract. that he:�she knows the seal til the corporation; that he seal ilhxed t„ the instrument Is the corporate Seal: that 1s•k\aS c„ affixed by order of the I(nartl Or I)}rectors oI the corporation. and that he•she signed his'her nam•to thy instrument h� like older. I, .� *�- Pamela Klin M ( onlnitssi )Ii Expires: jf ' ,� RotaryPublic-0 ri=ona 7 Pima County 1:111:O I :1 {) .z,0,- My Commission Eiyires l�Il.. .'`.1 ) Nay 16;2009 1 ss: (.Oi N 11'OI-*I'I M;1 I (-)n this 13 tray„t- November . )007 hcfoie we pel-SOnaliV appeared. Jeffrey F. McElwain 1.400 known To me in be the person ‘k,hose Wine Is SilbSCrIbed to this instrument as the A Homey-in-Fact t of _ C_BIC - or -. ------ Seattle WA __—_-- alai acknow ledetl to me that he she subscribed the name of Contractors Bonding and Insurance Com an _as Surety.anti his her t,"„r,;;,,,L,as AtU'rnev-in-Fat:t _ 116.-4.if.,3 __________ tt/l/l,f26‘ Notary I'uhllL \-l' (.t)tlltlll;Siorl Expires: 1 w 2..L) ----„______ ___ - OFFICIAL SEAL ti:,..t"io,.r,4.,, K[ � ;:. �� PUBLIC-ARIZONAf . P,:_°_:=,:7 COUNTY MY fir,'. Xp. Nov. 7, 2010 void 1........r, .ruI .rr;; ,L I, '.1, • rrn=•rr I. rs:r.::F .1�Irla.rl 111,1 I.:.r I.r r h r.r r::.I..ilr.r.l.t rrr ..rn I r r rir.r.►.r.;. 41 P LIMITED POWER OF ATTORNEY-READ CAREFULLY CONTRACTORS BONDING AND INSURANCE COMPANY IS RESPONSIBLE ONLY FOR THE BOND DESCRIBED AND UP TO THE AMOUNT SET FORTH IN THIS LIMITED POWER OF ATTORNEY. ANY ERASURE WILL VOID THIS POWER OF ATORNEY. IF YOU HAVE ANY QUESTIONS ABOUT OR WANT TO VERIFY THIS POWER OF ATTORNEY CALL CONTRACTORS BONDING AND INSURANCE COMPANY TOLL FREE AT 1(800)765-2242 Penal Sum:$ $1,692,208.16 Attorney No.:AZ001 Power Number:AZ001 Bond No.:AL7702 Limited Power of Attorney Expires: 2/13/2008 Date Approved: 11/13/2007 Approved by: on S1rki Si natur (Print Name g Name of Principal: ACTION PIPELINE CONTRACTORS INC. Name of Obligee: TOWN OF ORO VALLEY Descriptions(s): PROJECT NO.OV24-02-07 Location(if applicable): ARIZONA KNOW ALL MEN BY THESE PRESENTS that CONTRACTORS BONDING AND INSURANCE COMPANY,a corporation duly organized and existing under the laws of the State of Washington and having its principal office in Seattle,King County,Washington does by these presents make, constitute and appoint JEFFREY F.MCELWAIN OF TUCSON AZ its true and lawful Attomey-in-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver the bond(s)and/or other documents incidental thereto described above;and to bind the Company thereby as fully and to the same extent as if each such bond,or other documents incidental thereto was signed by the President,sealed with the corporate seal of the Company and duly attested by its Secretary;hereby ratifying and confirming all that the said Attorney-In-Fact maydo in the premises. Saidappointment is made under and by the authority of the following resolutions adopted by the Board of Directors of CONRACTORS BONDING AND INSURANCE COMPANY on September 10,2001. RESOLVED that the Chief Executive Officer,President,Chief Financial Officer,Secretary or any Vice President of the Company is authorized to appoint Attorneys-In-Fact for and on behalf of the Company with the power and authority to sign on behalf of the Company those surety bonds or undertalanggs of suretyship which may from time to time be approved by the Chief Executive Officer,President,Chief Financial Officer,Secretary or any Vice President of the Company;provided, however,that no Attorney-In-Fact shall be authorized to execute and deliver any bond or undertaking that shall obligate the Company for any portion of penal sum thereof in excess of$15,000,000,and provided,further,that no Attorney-In-Fact shall have the authority to issue a bid or proposal bond for any project where,if the contract is awarded,any bond or undertaking would be required with a penal sum in excess of$15,000,000. An Attorney-In-Fact may also be authorized by Power of Attorney to excecute any consent or other document incidental to said bond or undertaking,provided such document does not obligate the Company is excess of the limit set forth above. In no event shall any Attorney-In-Fact have any authority to sign any document or otherwise bind the Company in any way in connection with a claim on a surety bond or undertaking. RESOLVED FURTHER that each Power of Attorney must set forth the specific description of the surety bond or undertaking to which it applies,the name of the principal,the name of the obligee,the penal sum,the bond number(except fora bid bond where there is no number),the identifying number of the Attorney-In-Fact,and the identifying number of the Power of Attorney. The Attorney-In-Fact shall not be authorized to obligate Company for surety bond or undertaking specified in the Power of Attorney(including any consents or other documents incidental to the surety bond or undetaking)for more than the penal sum specified in the Power of Attorney. RESOLVED FURTHER that the Chief Executive Officer,President,Chief Financial Officer,Secretary or any Vice President of the Company is authorized to establish a specific expiration date for the Power of Attorney and to modify that date from time to time as the Chief Executive Officer,President,Chief Financial Officer,Secretary or any Vice President of the Company deems necessary in his/her sole discretion;the applicable expiration date is to be clearly set forth in any written Power of Attorney. RESOLVED FURTHER that all previous resolutions by the Board of Directors authorizing the Chief Executive Officer,President,Chief Financial Officer,Secretary or y Vice President of the Company to appoint Attorneys-In-Fact for and on behalf of the Company remain in full force and effect;and that if a Power of Attorney based this resolution is attached to a bond(for example,a bid bond),and a Power of Attorney based on another Board of Directors resolution is attached to another bond(for example,a performance and payment bond),it shall not affect the validity of either Power of Attorney or Bond. RESOLVED FURTHER that this Limited Power of Attorney containing this and the foregoing resolutions and the signatures of the President,Secretary,and Notary Public,and the corporate and Notary seals appearing hereon,are generated,stored and transmitted electronically,and therefore appear in printed form only at recipient's fax machine. This fax pnnted Limited Power of Attorney document and the signatures and seals appearing hereon therefore are,ands shall be deemed ordinals in all respects. RESOLVED FURTHER that the Company acknowledges the applicability of the Electronic Signatures in Global and National Commerce Act to this Limited Power of Attorney and that the signatures of the President,Secretary and Notary Public and the corporate and Notary seals appearing on any Limited Power of Attorney containing this and the foregoing resolutions as well as the Limited Power of Attorney itself and its transmission may be,or may be byfacsimile or other means of electronic or electro-mechanical transmission or reproduction;and any such Limited Power of Attorney shall be deemed an original in ll respects. IN WITNESS WHEREOF CONTRACTORS BONDING AND INSURANCE COMPANY has caused these presents to be signed by Don Sia, `t`gtporate seal to be hereto affixed 9/9/2 2. 1o�S,oA P o Rq��,"sG9�,, CONTRACTORS BONDING AND INSURANCE COMPANY �•••;��,/': By: / J. SEAL . Don Sirkin,President . - �'. 4SH i N G\�= STATE OF WASHINGTON—COUNTY OF KING On 9/9/2002,personally appeared DON SIRKIN to me known to be the representative of the corporation that executed the foregoing Limited Power of Attorney and acknowledged said Limited Power of Attorney to be free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned,and on oath stated that he is authorized to execute the said Limited Power of Attorney. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. ,..4;4:::‘.1:1;4;,„ .VA f. ....,' 2 1 lilt.0144',46-tr '3/4,',, ,,,41.V.� „I/ Notary Public in and for the State of Washington,residing at Seattle The undersigned acting under authority of the Board of Directors of CONTRACTORS BONDING AND INSURANCE COMPANY,hereby certifies,as or in lieu of Certificate of the Secretary of CONTRACTORS BONDING AND INSURANCE COMPANY,that the above and foregoing is a full,true and correct copy of the Original Power of Attorney issued by said Company,and does hereby further certify that the said Dower of Attorney is still in force and effect. VEN under my hand,at Phoenix.AZ this 13 day of NOV 2007 �� R.Kirk Eland,Secretary A 1052004 ( ) CONSENT OF SURETY TO FINAL PAYMENT AND FULL RELEASE OF CONTRACT RETAINAGE OR SUBSTITUTE SECURITIES The undersigned Surety(the "Surety"), having provided the Town of Oro Valley(the "Town") with a payment bond for the payment of labor and material provided to the Contractor (the "Contractor") in connection with Project No. OV24-02-07 (the "Project") consents to final payment and full release of all retainage to Contractor held by Town in connection with the Project. Surety further releases Town from all claims, past, present, future, known or unknown which it may assert or could have asserted against Town as a result of Town's final payment and release of the retainage held in connection with the Project. This release is only intended to relieve Town of any liability or responsibility in connection with final payment and full release of retainage to the Contractor in connection with the Project and shall in no way be construed to relieve Surety of any obligation under the payment bond issued for the Project. IN WITNESS WHEREOF,the Surety has executed this instrument this day of , 20 SURETY Authorized Representative Title: STATE OF ARIZONA ) )ss. COUNTY OF PIMA ) The foregoing instrument was acknowledged before me this day of ,20 by ,on behalf of Notary Public My Commission Expires: 4 2 C.Documents and Settings'druiz'My Documents La Canada Reclaimed Bid Doc for Phase 2 Reclaimed Water System La Canada doc CONTRACTOR'S AFFIDAVIT REGARDING SETTLEMENT OF CLAIMS Project No.: OV24-02-07 Project Name: Phase 2 Reclaimed Water System,La Canada Drive 24-inch and 16-inch Reclaimed Water Line To the Town of Oro Valley,Arizona: This is to certify that all lawful claims for materials, rental of equipment and labor used in connection with the construction of the above contract project, whether by subcontractor or claimant in person, have been duly discharged. The undersigned,for the consideration of$ , as set out in the final pay estimate, as full and complete payment under the terms of the contract,waives and relinquishes any and all further claims or right of lien under,in connection with, or as a result of the above described contract. The undersigned further agrees to indemnify, defend and save harmless the Town of Oro Valley against any and all liens, claims of liens, suits, actions, damages and expenses whatsoever, which the Town may suffer arising out of the failure of the undersigned to pay for all labor performance and materials furnished for the performance of installation. %sr Contractor By: STATE OF ARIZONA ) )ss. COUNTY OF PIMA ) The foregoing instrument was acknowledged before me this day of ,20 by ,on behalf of Notary Public My Commission Expires: ‘Isr C:\Documents and Settings\druir,My Documents\La Canada Reclaimed\Bid Doc for Phase 2 Reclaimed Water System La Canada.doc 4 3 ATTACHMENT 1 DEFINITION OF TERMS 'Rd Addendum Written or graphic instrument(s)issued in writing,after advertisement,but prior to the opening of the Bids,which alter,change,clarify,correct,modify,or revise the Contract Documents. Bid The offer of the bidder, submitted on the prescribed form(s) to perform the Work and/or furnish material(s)and/or furnish labor and/or furnish equipment at the price(s)quoted. Bidder's Proposal: The offer of a bidder, on the prescribed form, to perform the work and to furnish the labor and materials at the prices quoted. Bidders Bond The security furnished with a bid to guarantee that the bidder shall enter into the contract if the bid is accepted. Change Order A written order, issued and signed by the Water Utility Director of his designee to the Contractor, directing addition(s), deletion(s) or revision(s) in the Work, adjustment in Contract Price(s) or Contract Time,said Change Order(s)is/are issued after the execution of the Contract,all as incidental to the prosecution of the Work as advertised. Contract The written agreement between the Town and the contractor setting forth the obligations of the parties thereunder including,but not limited to, the performance of the work, the furnishing of labor and materials and the basis of payment. Liquidated Damages The monetary damages amount that the parties to the Contract shall be paid to the Town by the „sod Contractor for each day the work remains incomplete after the scheduled completion date. The Liquidated Damages amount will be set in accordance with Section 108 of the Pima County/City of Tucson Standard Specifications for Public Improvements(2003 EDITION). Non-Collusion Affidavit Certification on behalf of the person, firm, association or corporation submitting the bid, that such person, firm, association or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action, in restraint of free competitive bidding in connection with the submitted bid. Notice Inviting Bids The public announcement, as required by law, inviting Bids for work to be performed and/or materials to be furnished and/or labor to be furnished and/or equipment to be furnished. Payment Bond The security provided by the contractor solely for the protection of claimants supplying labor and materials to the contractor or to subcontractors of the contractor. Performance Bond The security provided by the contractor solely for the protection of the contracting agency and conditioned upon the faithful performance of the contract in accordance with the plans,specifications and conditions thereof. Project Manager The Town designee in direct charge of the Project and responsible for the completion of the project according to the provisions of the Contract. Project Plans Specific details and dimensions peculiar to the work which are supplemented by the standard details insofar as they may apply. Nall0 C:\\Documents and Settings'druiz My Documents la Canada Reclaimed\.Bid Doc for Phase 2 Reclaimed Water System La Canada.doc 4 4 Reference Specifications Any specifications referred to in the Contract Documents other than Standard requirements peculiar to an individual project. Special Provisions Additions and revisions to the Standard Specifications covering conditions and Specifications, including, but not limited to: bulletins, standards, rules, methods of analysis or tests, codes, other agency specifications, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the Project or issuing the permit, unless otherwise specifically referred to by edition,volume or date. Standard Plans The latest edition of the CITY OF TUCSON/PIMA COUNTY STANDARD SPECIFICATIONS FOR PUBLIC IMPROVEMENTS, including all SUPPLEMENTAL AMENDMENTS, as prepared by a joint effort of the Departments of Transportation of the City of Tucson and Pima County as approved for repetitive use,showing details to be utilized where appropriate(2003 EDITION). Standard Specifications The latest edition of the CITY OF TUCSON / PIMA COUNTY STANDARD SPECIFICATIONS FOR PUBLIC IMPROVEMENTS, including all SUPPLEMENTAL AMENDMENTS, as prepared by a joint effort of the departments of Transportation of the City of Tucson and Pima County as approved for general application and repetitive use(2003 Edition). Surety Bond Bond in the amount of one hundred percent (100%) of the amount of the contract. Binds the contractor for the full and complete performance of the contract and for payment of all debts pertaining to the work. Waterworks Standards The latest edition of the CITY OF TUCSON WATERWORKS STANDARD SPECIFICATIONS AND DETAILS,unless modified within the Plans and/or the Standard Notes and Detail Plan Sheet for the Town of Oro Valley Water Utility. 411.P. C:�Documents and Settings'druiz\\My Documents`,La Canada Reclaimed`Bid Doc for Phase 2 Reclaimed Water System La Canada.doc 4 5 SCF of Arizona 11/2/2007 8 : 47 : 03 AM PAGE 002/002 Fax Server SCip$ At::too rk ya.m. Certificate of Insurance Certificate Mailed To: Name of Insured: TOWN OF ORO VALLEY ACT ICN PIPELINE CCNTRAC TORS INC 11000 N LA CANADA DR 630 E 19th S t ORO VALLEY AZ 85737 Tucson AZ 85719 Date Issued: 10/29/2007 Certificate Number: 17 Policy Number: 134388 Origin Date: 01/01/1982 Expiration Date: 01/01/2008 Liability Limits: 100/100/500 (000 Omitted) Proof of Coverage PIPELINE @ PHASE 2 RECLAIMED WATER SYSTEM LA CANADA 24"& 16" RECLAIMED WATER LINES .. PROJECT 0V24-02-07 Job Number: Location: This Certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policy listed hereon. This is to certify a workers'compensation policy has been issued to the insured listed hereon and is in force for the period referenced. Certificate Issued To: Town Of Oro Valley 11000 N La Canada Dr Oro Valley AZ 85737 Authorized Representative 61-810 01/20/2006 • ' OFLIABILITY INSURANC . DDATEWDD/YYYACORD. CERTIFICA ACTIO-2 10/29/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lovitt & Touche' Inc - Tucson HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P. O. Box 32702 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. icson AZ 85751-2702 hone: 520-722-3000 Fax:52 0-722-7245 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Cincinnati I n s Co Action Contractors, Inc. INSURER B: Action Pipeline INSURER C: Contractors, Inc. 630 E. 19th Street INSURER D: Tucson AZ 85719 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Ir4SR AUDI_ POLICY NUMBER POLICY EFFECTIVE -POLICY EXPIRATION LIMITS LTR INSRD TYPE OF INSURANCE DATE(MM/DD/YY) DATE(MM/DDIYY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTtD A X COMMERCIAL GENERAL LIABILITY CPP0889914 10/01/07 10/01/08 PREMISES(Ea occurence) $ 100,000 CLAIMS MADE X OCCUR MED EXP(Any one person) $5000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 7 POLICY X JE ----Q LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A X ANYAUTO CPP0889914 10/01/07 10/01/08 (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ A X H i redCar Phys. PROPERTY DAMAGE Damage $45,000 (Per accident) $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTOOTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 1,000,000 A X OCCUR CLAIMS MADE CPP0889914 10/01/07 10/01/08 AGGREGATE $ 1,000,000 DEDUCTIBLE $ X RETENTION $0 $ WC STAT U- 01H- WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ II yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER A Rented/Lease Eqpt CPP0889914 10/01/07 10/01/08 Limit: $250,000 Ded. $1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Evidence of Coverage RE: Project #0V24-02-07, Phase 2, Reclaimed water system, La Canada Drive, 24 inch and 16 inch reclaimed water line. *Except 10 days notice of cancellation for non-payment of premium* CERTIFICATE HOLDER CANCELLATION OROVA-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN Town of Oro Valley NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Water Utility Dept. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 11000 N La Canada Oro Valley, AZ 85737 REPRESENTATIVES. AUT IZED REPREfT V ACORD 25(2001/08) @ ACORD CORPORATION 1988 ATTACHMENT NO. 3 •11'•-LEY'�''/ oo i � 1g-1 D( UNDED Sketch of Project Site f P- c ,LEY 4R/,>O2 .-- -' RE LAIMED WATER SYSTEM . r ASEZ C�! 3K' -�, /..'• l._ 'ii„,, �• ,:.,-,--..,..,,i.,•-,.,.•,:., „....,.,./„,,,..,.:,,:......,.... �t 9 , .„i.......•..,,... ,,..1,-i.,. ` 'l'i ,,._ • .. .,.,,•., a„ , • / .'• r,„;_:,...,.._.,” --,.--•„,;,-,--,,-.),--.t. 1_ .":'"" .N 401 , t-• i , --SYS r'}t}1 - �. 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I t _ •-_'-----'-'1''' J:/"'--'.r' �+��• E � �w.►�,ice ►h�' ,_. :,----f,:,,,‘-17-.1- ..-----1'.---.-- �C i.'i.:l.'.r.11 • r ,,,-•,.\ `,Y .1,�....- i'r'=,.'Y.�jy�-1�, .rte,.��.. i.' i •J}'•►, _-'k- --r-: - -- I .I''.71,-,-* ,r_ _ 01/12/2006 -- I t , „,,,....,:•1. f ={� ---+ `” ▪ Created by C.Swanson N: T. S. , 410 TOWN OF ORO VALLEY Page 1 of 2 COUNCIL COMMUNICATION MEETING DATE: 12/5/2007 TO: HONORABLE MAYOR & COUNCIL FROM: Philip C. Saletta, P.E., Water Utility Director David Ruiz, Engineering Division Manager SUBJECT: PHASE 2 RECLAIMED WATER SYSTEM, PAINTED SKY ELEMENTARY SCHOOL PIPELINE AND BOOSTER STATION, Resolution No. (R) 07- 135 , a resolution of the Town of Oro Valley, Pima County, Arizona, Authorizing and Approving a construction contract with Smyth Steel Manufacturing, Inc., in the amount of$457,927.83, for construction of an 8-inch pipe line and booster station to deliver reclaimed water to the Painted Sky Elementary School as shown on Plan No. OV24-06- 01 RW. SUMMARY: The new 8-inch pipeline and booster station to be installed per this contract are part of the Phase 2 Reclaimed Water System and, when completed, will deliver reclaimed water to the Painted Sky Elementary School located on Woodburne Avenue south of Moore Road. Currently the school uses potable water for irrigation. The conversion from potable water to reclaimed water will save approximately 10 acre feet or 3.28 million gallons of potable water per year. Amphitheatre School District has executed a Reclaimed Water End User Agreement. The low bid submitted by Smyth Steel Manufacturing, Inc. was determined to be responsive and responsible and is our recommendation of award. Bids received for subject project are as follows: 1. Smyth Steel Manufacturing, Inc. $457,927.83 2. Blucor Contracting, Inc. $474.726.00 3. Standard Construction Co., Inc. $521,089.00 4. P&H Contracting, Inc. $534,856.00 5. Back Constructing Inc. $585,949.00 6. Trinity Southwest Contractors, LLC $688,742.50 7. Achen-Gardner, Inc. $692,476.59 8. West Point Contractors, Inc. $799,093.45 9. Engineer's Estimate $673,581.00 FISCAL IMPACT: Funds are identified in the 2007-2008 fiscal year budget. This project is being financed through Water Infrastructure Financing Authority of Arizona(WIFA). ATTACHMENTS: 1. Resolution No. (R) 07- 135 . 2. Exhibit No. 1, Construction Contract 3. Sketch of Project Location r ! TOWN OF ORO VALLEY Page 2 of 2 COUNCIL COMMUNICATION MEETING DATE: 12/5/2007 SUGGESTED MOTION: The Town Council may wish to consider one of the following motions: I move to approve Resolution (R) 07- 135 , a resolution of the Town of Oro Valley, Pima County, Arizona, Authorizing and Approving a construction contract with Smyth Steel Manufacturing, Inc., for construction of an 8-inch pipeline and booster station to deliver reclaimed water to Painted Sky Elementary School as part of Phase 2 Reclaimed Water System. or I move to 0%/1 -/ ./ Engineering Divisio anager Ariate Utility Director at. Town Manager ATTACHMENT NO. 1 PLLEYgj, o �o 0 Tog 41,„�v Y� 4 � °/LADED Resolution RESOLUTION NO. (R) 07-1 5 kitimw A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA AUTHORIZING AND APPROVING A CONSTRUCTION CONTRACT WITH SMYTH STEEL MANUFACTURING, INC. IN THE AMOUNT OF $457,927.83 TO CONSTRUCT AN 8-INCH PIPELINE AND BOOSTER STATION TO DELIVER RECLAIMED WATER TO PAINTED SKY ELEMENTARY SCHOOL AS PART OF PHASE 2 RECLAIMED WATER SYSTEM. WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona vested with all associated rights, privileges rivile es and benefits and is entitled to the immunities and exemptions granted � municipalities and political subdivisions under the Constitution and laws of the State of Arizona and p the United States; and WHEREAS, asp art of the Town's Phase 2 Reclaimed Water System, the Town submitted Request for Proposals to construct an 8-inch pipeline and booster station to deliver reclaimed water to Painted Sky Elementary School located on Woodburne Avenue south of Moore Road; and WHEREAS, the lowest responsive and responsible bidder to the Town's Request for Proposals to construct an 8-inch pipeline and booster station is Smyth Steel Manufacturing, Inc.; and WHEREAS, it has been determined that it is in the best interest of the Town to enter into this Contract, attached hereto as Exhibit No. 1 and incorporated herein by this reference, with Smyth Steel kiwi, Manufacturing, Inc.,Incand that the Mayor and Council of the Town Oro Valley, authorize and approve the contract. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that the contract (attached hereto as Exhibit No. 1) between the Town of Oro Valley, Arizona, and Smyth Steel Manufacturing, Inc., is hereby approved. BE IT FURTHER RESOLVED that the Mayor and any other administrative officials of the Town of Oro Valley are hereby authorized to take such steps as necessary to execute and implement the terms y of the Contract. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 5th day of DECEMBER , 2007. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: L., Kathryn E. Cuvelier, Town Clerk Tobin Sidles, Interim Town Attorney Date: Date: F:\Water Utility\Projects\WIFA\Phase 2 Reclaimed Water\Painted Sky Elementary\Resolution for Smyth Steel-Painted Sky.doc Oro Valley Attorney's Office/ch/1 11507 ATTACHMENT NO. 2 NIPLL E Y qR� 0 �O 0- ti-7 p '\(1UNDED Exhibit No. 1 Construction Contract TOWN OF ORO VALLEY MINORITY AND WOMEN-OWNED BUSINESS PROJECT REQUIREMENTS ACTUAL MBE/WBE PARTICIPATION AFFIDAVIT for PHASE 2 RECLAIMED WATER SYSTEM, PAINTED SKY ELEMENTARY SCHOOL RECLAIMED WATER LINE AND BOOSTER STATION PROJECT,PROJECT No. OV24-06-01RW (COMPLETED AFFIDAVIT MUST BE SUBMITTED WITHIN SEVEN CALENDAR DAYS FOLLOWING THE BID OPENING) S -e e l Ykt1 �ri Town of Oro Valley Water UtilityDepartment Name of Prime Contractor Project No. OV24-06-01 RW Total Amount of Contract$ 4C1, 9 2 7.;g Contract MBE/WBE Goal: S yContact Person The required affidavit shall be returned by the contractor to the Town of Oro Valley Water Utility Department, 11000 North La Canada Drive, Oro Valley,AZ 85737; Attention: 1-1 4010 L- LL( 1 , S f. Street No. Telephone Town of Oro Valley at(520) following completion of contract negotiations with the Town of Oro Valley Water Utility Department. l �t( SCYV A7 Csg7/ 4 City State Zip Minority/Women-Owned Firm: EX C `1 u-v( C - s ��c.c—c � - z L6 tr. Principal: TAa � L �; ,,. .�i�- Address: Po gOic oefiir/Gro .4 Z C?- Type of Work: X,C if al 1- ) t--)el er-ei r e 5 Subcontract: Amount/Percent of Contract: c 5?)��• ' TOTAL(Dollars/Percentage)4 675,0)L c .0c 1 `rte (Attach additional sheets if necessary) The undersigned has entered into a formal agreement with the MBE/WBE subconsultants/subcontractors listed above, in the execution of this contract with the Town of Oro Valley. STATE OF ARIZONA ) c ) ss Signature CountyPima of r e cl ) Title - I , -0 7 Date 7).! Subscribed and sworn to before me ANN MARIE GOETTSCH this day ofL L.1by � y •<°am=� NotaryPublic-Arizona 'l •. N Notary Public Pima County _ v a� My Commission Expires .912 July 1,2008 My Commission Expires: -IV )0 ur.- 15 C:\Documents and Settings\Jennifer\Local Settings\Temporary Internet Files\OLK3\MBE AFFIDAVIT For Phase 2 Reclaimed Water System Painted Sky Elementary.doc TOWN OF ORO VALLEY MINORITY/WOMEN OWNED BUSINESS PROJECT REQUREMENTS PHASE 2 RECLAIMED WATER SYSTEM,PAINTED SKY ELEMENTARY SCHOOL RECLAIMED WATER LINE AND BOOSTER STATION PROJECT,PROJECT NO.OV24-06-01RW MBE/WBE PARTICIPATION PAY FORM DATE: General Contractor: Contact Person: Address: Telephone: Work Order No.: Name of Project: For Pay Period of: MBE/WBE Sub Contractor/Vendor: Contact Person: Address: Telephone: Type of Firm: Type of Work performed for project: Total MBE/WBE Sub Contractor Amount: $ Amount paid to MBE/WBE this invoice: $ Total paid to MBE/WBE to date: $ D/M/WBE Contract Goal for this project: Total ME/WBE Participation on this contract to date: (amount paid/total paid) SEND TO: Town of Oro Valley Water Utility Department Attention: 11000 North La Canada Drive Oro Valley,AZ 85737 16 C:\Documents and SettingsJennifer\Local Settings\Temporary Internet Files\OLK3\MBE AFFIDAVIT For Phase 2 Reclaimed Water System Painted Sky Elementary.doc CONTRACT PROJECT NO: OV24-06-01RW THIS CONTRACT, made and entered into by and between the Town of Oro Valley, a municipal corporation (the "Town")and Smyth Steel Manufacturing,Inc., (the"Contractor"). The Town and the Contractor for the consideration named agree as follows: SECTION 1. The complete Contract includes all of the Contract Documents as if set forth in full herein. The Contract and all Contract Change Orders issued after the execution of the Contract, Addendum No(s). 2 issued prior to the opening of the bids, the Special Provisions, the Project Plans (Exhibit[s]N/A), the Standard Plans, the Standard Specifications, the Waterworks Standards, Reference Specifications, the Bidder's Proposal, the Notice Inviting Bids, the Non-Collusion Affidavit, the Performance Bond, the Payment Bond, the Bidders Bond, and the Surety Bond for the one-year guarantee period, all of which are essential parts of this Contract as defined in Attachment 1. In the event of any conflict in these provisions, the terms of the Contract Documents shall control, each over the other,in the order provided. SECTION 2: This Contract is subject to the MBE/WBE project participation and Contracting Requirements as acknowledged in the Notice Inviting Bids,pages 4 through 16 . The Contractor shall furnish all materials, except as otherwise provided in the Plans or Specifications, and will perform all the work for the PROJECT NO. OV24-06-01RW PROJECT NAME: Phase 2 Reclaimed Water System, Painted Sky Elementary School Reclaimed Water Slimy Line and Booster Station necessary to complete in a good, workmanlike and substantial manner the work in accordance with the Contract Documents for this Project. The Contract documents are specifically referred to and made a part hereof this Contract. SECTION 3. The Town will pay the Contractor the amount of Four Hundred and Fifty Seven Thousand,Nine Hundred and Twenty Seven Dollars and Eighty Three Cents ($457,927.83) for a base contract, subject to change of materials and work orders. The Contractor agrees to receive and accept the prices set forth in the Bid Schedule as full compensation for the work required under the bid items awarded by the Town subject to additions and/or reductions of the quantities of the various bid items at the unit prices bid for furnishing all labor and materials and for doing all the work contemplated and embraced under this Contract. The Contractor further agrees that: a. The Town will not pay any claim submitted to the Town by the Contractor outside the Scope of Work of the Contract unless the claim is SUBMITTED IN WRITING to the Town and APPROVED BY THE TOWN IN WRITING BEFORE any such work is started. b. The Town will not pay for any cost increases for labor and materials outside the original prices as set forth in the Bid Schedule unless SUBMITTED IN WRITING to the Town and AGREED TO IN WRITING by the Town IN ADVANCE. c. In the event of unforeseen difficulties or obstructions arising out of the nature of the work to be performed are encountered by the Contractor, the Contractor SHALL NOT MOVE FORWARD with any additional work until that work is APPROVED IN WRITING by the Town's Project Manager for Project OV24-06-01 RW. d. The Contractor shall be responsible for all expenses incurred by or in consequence of the suspension and/or discontinuance of work CAUSED BY Contractor. C:\Documents and Settings\druiz\My Documents\Painted Sky Elementary\Bid Doc for Phase 2 Reclaimed Water System Painted Sky.doc 3 3 e. The Contractor shall faithfully complete the work in the manner and in accordance with the Contract Documents and the requirements of the Town's Project Manager under them. f. Any additional charges incurred without WRITTEN CONSENT of the Town shall be considered -- incidental costs to the Contract with NO COST to the Town. SECTION 4. TIME IS OF THE ESSENCE for this Contract. The Contractor agrees to commence work pursuant to this Contract within 7 calendar days after the date of authorization specified in the Notice to Proceed and to diligently prosecute the same, day to day, to completion within 150 calendar days after the date provided except as adjusted by subsequent Contract Change Order(s). All additional work, when authorized by executed Change Order(s) shall be compensated for by a fee as mutually agreed upon by the Town and Contractor. The aggregate total of any Change Order(s) shall not exceed 20% of the original Contract unless specifically authorized by the Town Council in writing. When a contractor submits a request for a date extension for which work must be completed in a contract, a written Contract Change Order shall be initiated outlining the reason for applying for the extension and the drop dead date the work will be completed. The language "TIME IS OF THE ESSENCE" must be written into the Change Order. If the Change Work Order is agreed to and signed by the Town and the Contractor, it binds the Contractor to complete the work by the extended date designated in the Contract Change Order. The Town can then file suit against the Contractor if the work is not completed by the agreed upon date. If there is more than one extension is agreed to,each extension shall follow the same procedure. SECTION 5. If the work to be performed by Contactor for this Contract is not timely completed, the Contractor shall pay to the Town $430.00 as liquidated damages for each day the work remains incomplete after the scheduled completion date. The scheduled completion date for determining liability for liquidated damages shall be 150 consecutive days from the effective date of Town's Notice to Proceed to the Contractor. For the purpose of determiningapplicability of liquidated damages, completion time shall be extended only if delay in p � pp tY q completion of the work by the Contractor results from an unforeseeable cause beyond the control and without the fault or negligence of the Contractor per Section 6. SECTION 6. Force Majeure: Notwithstanding any other term, condition, or provision hereof to the contrary, in the event any party hereto is precluded from satisfying or fulfilling any duty or obligation imposed upon such party by the terms hereof due to labor strikes, material shortages, war, civil disturbances, weather conditions,natural disasters, acts of God, or other events beyond the control of such party,the time period provided herein for the performance by such party of such duty or obligation shall be extended for a period equal to the delay occasioned by such events and must be agreed to IN WRITING BY BOTH PARTIES. SECTION 7 The Contractor agrees to indemnify, defend, and save harmless the Town, its Mayor and Council, the Water Utility Director and/or his designee, appointed boards and commissions, officials, officers, employees and the Town's insurance carriers, individually and collectively from all losses, claims, suits, demands, expenses, subrogations, attorney's fees, or actions of any kind and nature arising out of the Contractor's negligence or any subcontractor employed by the Contractor (including bodily injury and death) or damages to any property or any other losses, claims, suits, demands, and/or expenses, arising or alleged to have arisen out of the work to be performed, except any injury or damages arising out of the sole negligence of the Town, its officers, agents or employees. The amount and type of insurance coverage requirements set forth in Section 8 will in no way be construed as limiting the scope of indemnity in this paragraph. SECTION 8. The Contractor agrees to obtain Insurance Coverage of the types and amounts as required in the Pima County/City of Tucson Standard Specifications for Public Improvements (Standard Specifications) and keep the Insurance Coverage in force until all work has been completed and the completed project has successfully completed its warranty period. The Contractor shall furnish the Town with a Certificate evidencing liability insurance policy or policies with the minimum insurance limits as indicated. All policies will contain an endorsement providing that C Documents and Settings`druiz'My Documents'Painted Sky Elementary Bid Doc for Phase 2 Reclaimed Water System Painted Sky.doc 3 4 written notice be given to the Town at least thirty (30) calendar days prior to termination, cancellation, or reduction in coverage in any policy. SECTION 9. The Contractor agrees that any inspection by the Town Representative or by other agents or employees of the Town of the work performed are for the purpose of ensuring the technical competence of the work and adherence to other contractual provisions. Inspections are not for the purpose of safeguarding workers on the job,which is the sole responsibility of the Contractor. The Contractor warrants that he/she is fully familiar with all the safety requirements of the Occupational Safety and Health Act as promulgated by the Federal Government and as implemented by the State of Arizona, and that he/she will be solely responsible for implementing and enforcing the same at all times. SECTION 10. The Contractor agrees to accomplish the work with a minimum of traffic interruption. If it becomes necessary to close any traffic lanes on any street within the Town, permission must first be obtained from the Town Engineer's Office. Permission shall be requested at least 48 hours in advance for residential streets and 72 hours in advance for arterial streets. The Contractor shall furnish and place all detour signs and any other warning signs in accordance with the SPECIAL PROVISIONS. SECTION 11. Should the Town bring any legal or equitable action for the purpose of protecting or enforcing its rights under this Contract, the Town shall recover, in addition to all other relief, its reasonable attorney's fees and court costs to be fixed by the court. SECTION 12. It is agreed that the Water Utility Director or his/her designee is authorized to execute Contract Change Order(s)necessaryto the prosecution of the work, all in accordance with the Standard Specifications. SECTION 13. The Contractor agrees that he/she will not proceed with any extra work unless he/she has been authorized in writing to do so by the Water Utility Director or his/her designee prior to the commencement of any extra work. SECTION 14. The Parties do for themselves,their heirs, executors, administrators, successors and assigns agree to the full performance of all the provisions herein contained. Contractor may not, either voluntarily or by action of law, assign any obligation assumed by the Contractor without prior written consent of the Town. SECTION 15. The Contractor shall cause the Performance Bond to remain in full force and effect through the warranty and guarantee period. By my signature hereunder, as Contractor, I agree to keep the Performance Bond or cashier's check in equivalent of the full performance bond in full force and effect through said period. The cashier's check shall serve the same purposes and fully cover the requirements of a Performance Bond and a Payment Bond. SECTION 16. By my signature hereunder, as Contractor, I certify that I will comply with all provisions of the Town of Oro Valley Project No. OV24-06-01 RW. SECTION 17. By my signature hereunder, as Contractor, I agree that even if only one (1) Progress Payment is prosecuted by the Town of Oro Valley for this Project, the Town will retain ten percent (10%) of the Progress Payment amount. The ten percent (10%) retention will be discharged in accordance with the Standard Specifications. C:\,Documents and Senings\druiz\My Documents\Painted Sky Elemenutry`Bid Doc for Phase 2 Reclaimed Water System Painted Sky.doc 3 5 SECTION 18. By my signature hereunder, as Contractor, I agree that I am not an employee of the Town, and that I am performing the duties as an Independent Contractor, supplying my own employees, and maintaining my own insurance and handling all of my own internal accounting. The Town in no way controls, directs or has any direct responsibility for the actions of the Contractor. By my signature hereunder, as Contractor, I agree that I shall be responsible for the compliance with the United States Immigration Reform and Control Act of 1986, and shall indemnify and hold harmless the Town for any liability arising from failure of the Contractor to comply with this Act. This indemnification includes the costs of suit. By my signature hereunder, as Contractor, I agree that I shall be responsible for compliance with the Americans With Disabilities Act of 1990 and shall indemnify and hold harmless the Town for any liability arising from failure of the Contractor to comply with this act. This indemnification includes the costs of suit. SECTION 19. By their signatures hereunder, as Contractor and Town, the Parties agree to be bound by all applicable Federal and State regulations governing Equal Opportunity and Non-Discrimination. SECTION 20. Pursuant to the requirements of Arizona Revised Statutes, Title 34, the Town will require both of the following documents to be completed and submitted before the final payment is made and retainage is released. 1. A certification from the Prime Contractor that all bona fide project claims and bills from his/her subcontractors and suppliers have been paid, and that all his/her project claims against the Town have been resolved(CONTRACTOR'S AFFIDAVIT REGARDING SETTLEMENT OF CLAIMS). 2. The consent of surety affidavit signed by an authorized representative of the surety (CONSENT OF SURETY TO FINAL PAYMENT AND FULL RELEASE OF CONTRACT RETAINAGE OR SUBSTITUTE SECURITIES). The Town of Oro Valley reserves the right to obtain from the Contractor "satisfactory receipts for all labor and material billed and waivers of liens from any and all persons holding claims against the work". SECTION 21. This is the entire Contract between the parties. If any portion(s)of this Contract is(are) later found to be invalid or unenforceable, such portion(s) shall be null and void and without any effect on the rest of the Contract which shall continue in full force and effect. SECTION 22. This Contract is subject to the provisions of A.R.S. § 38-511 which provides in pertinent part that the state, its political subdivisions or any department of either may, within three years after its execution, cancel any contract, without penalty or further obligation, made by the state, its political subdivisions, or any of the departments or agencies of either if any person significantly involved in initiating, negotiating, securing, drafting or creating the Contract on behalf of the state, its political subdivisions or any of the departments or agencies of either 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 to the Contract with respect to the subject matter of the Contract. SECTION 23. THIS CONTRACT SHALL BE VALID UPON EXECUTION BY THE PARTIES. C Documents and Settings druiz My Documents',Painted Sky Elementary Bid Doc for Phase 2 Reclaimed Water System Painted Sky.doc 3 6 TOWN OF ORO VALLEY, a Municipal Corporation BY: BY: Mayor Water Utility Director DATE: DATE: APPROVED AS TO FORM: BY: SMILtik Sfeei 6_ . Name of Contractor(Corn any) Town Attorney r, BY: '. _41111k ' DATE: BY: ATTEST: DATE: ( 1 _ 6----o^7 Kathryn E. Cuvelier, Town Clerk Town of Oro Valley SIGNING INSTRUCTION TO THE CONTRACTOR: ALL SIGNATURES MUST BE NOTARIZED. In the event that the contracting firm is a corporation, the president and the secretary or the vice-president and the secretary of the corporation must sign and the corporate seal must affixed thereto. I s r d�-��-ems- SUBSCRIBED AND SWORN before me this �J day of , 20 07 by a.r S 'A 7) . , who is known to me or has satisfactorily been identified as the President, and by who is known to me or has satisfactorily been identified as the Secretary,both as duly authorized agents to sign on behalf of Ste Q I M. o'444,-- 4.0--.fa; c.‘-. -_ 4.4 :':j r._ actor. • `�ov4�, ANN-MAR- GGETTSC :;, H ' °y Notary Pudic-Arizona =1� Pima County *� -?� a My Commission Expires _ r. * Judy 1,2008 _g__ 4(c2,cLe---52eA ______ Notary My Commission Expires: c,/, 1-e-) 05 4..,,..r 37 C:‘Documents and Settings druiz My Documents.Painted Sky ElementaryBid Doc for Phase 2 Reclaimed Nater System Painted Sky.doc PERFORMANCE BOND BOND #AZC41448 (100%of Total Contract Amount) KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS,the Town of Oro Valley, State of Arizona,has awarded to Smyth Steel Manufacturin ,t I$ ?cipal, designated as the"Contractor",a"Contract"for the work generally described as follows: PROJECT NO. OV24-06-QIRW PROJECT NAME: Phase 2 Reclaimed Water System, Painted Sky Elementary School Reclaimed Water Line and Booster Station WHEREAS,said Contractor is required to furnish a bond in connection with Contract guaranteeing performance and this bond shall remain in full force and effect through the warranty and guarantee period of the Contract. NOW THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the Town of Oro Valley in the sum of Four hundred fifty seven thousand nine hundred twenty seven dollars and 83/100 (Dollars)(S "457,927.83** ); to be paid to the Town or its attorney;.its sncces.cnrc a nrl assigns;for which payment,well and truly to be made,we bind ourselves, our heirs, executors and administrators,successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, The above Contractor,his/her or its heirs, executors, administrators,successors or assigns, shall in all things stand to, abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract and any alteration made as provided, on his/her or their part to be kept and performed at the time and in the manner specified,and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Town of Oro Valley, its officers, employees and agents, as therein stipulated. It shall be and remain in full force and virtue until such time the project is completed then this obligation shall become null and void. In the event suit is brought upon this bond by the Town and judgment is recovered, the Surety shall pay all costs incurred by the Town in the suit,including reasonable attorneys'fees to be fixed by the court. IN WITNESS WHEREOF,we have hereunto set our hands and seals on this ay of November , 20 07 CONTRACTOR: SURETY: Name: Smyth Steel Manufacturing, Inc Name: Merchants Bonding Company (Mutual) Address: 4010 E Illinois St Address: 2100 Fleur Drive Tucson, AZ 85714 Des Moines, IA 50321 Tel.No.: (520) 750-8719 Tel. • , 10 '678— 1 By: By: /1 /ff 8719AL Melanie Smith, Attorney--iin-Fact NOTE: This bond must be executed by both parties, and in the case of a corporation, with corporate seal affiz;.d. Mi signatures must be acknowledged. (Attach acknowledgments.) The attorney-in-fact for the bonding company must be registered in at least one county in the State of Arizona. C`i)cuxncnts Scitinp,cfrocrMy DccemCnts,P:.irtteet Sky 9eancr.tar,,3id Doc F,r Phase 2eclurn�i..cr Sy<'"Ponied Sky 3 8 CORPORATE ACKNOWLEDGEMENT(S) STATE OF ARIZONA ) )ss: COUNTY OF PIMA ) On this day of ('JO iu b ,20 01 before me personally appearedY ''`'`tit�. to me known,who, ---. being by mp duly sworn, did depose and say that he/she reside(s) in Pima County, Arizona and that he/she is the presLa Qom` of the s S f-ex/ 11&r `r- c.. , the corporation which r�n.y 5 executed the Contract; that he/she knows the seal of the corporation;that the seal affixed to the instrument is the corporate seal; that is/was so affixed by order of the Board of Directors of the corporation, and that he/she signed his/her name to the instrument by like order. - ei2f__ t � �;� ANN-MARIE GOETTSCH S.(..A. ,My Commission Expires: I .D 0 5 Notary Public-Arizona 1 Pima County • �2 MyCommission Ex ires STATE OF ARIZONA *1912 July 1,2008 ss: COUNTY OF PIMA ) 410.r On this •5th day of November _,2007before me personally appeared Melanie Smith known to me to be the person whose name is subscribed to this instrument as the Attorney-in-Fact of Tucson, AZ of Merchants Bonding Company (Mutual) and acknowledged to me that he/she subscribed the name of_ ; • • . .ng Company (Mutual) as Surety,and his/her own name as OFFICIALLAL *741111111".-A, ST ..;� v a -ARIZONA *,. . Y 1' �,l( PUBLIC / / • MA COUNTY Exo --.'l e c. 10, 200 NOTARY P1BLIC , / My Commission Expires:Get,. 1 O ga0 3 4110111, '.D:+runcnts a.d Sekings,druiAMy Qocvments\Fainted Sky Elecsearsry,Bwi Lloe fo,Mare 7 ReciairneJ SVrata Syslern lammed Sky.Joc 3 9 PAYMENT BOND BOND iiAZC41448 (100%of Total Contract Amount) KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS,the Town of Oro Valley,State of Arizona,has awarded to Smyth Steel Manufacturing, Inc. as principal,hereinafter designated as the"Contractor'',a"Contract"for the work generally described as follows: PROJECT NO: OV24-06-01 RW PROJECT NAME:Phase 2 Reclaimed Water System,Painted Sky Elementary School Reclaimed Water Line and Booster Station WHEREAS,Contractor is required to furnish a bond in connection with the Contract,to secure the payment of claims of laborers,mechanics, material men and other persons as provided by law. NOW THEREFORE,we the undersigned Contractor and Surety are held and firmly bound unto the Town of Oro Valley in the sum of Four hundred fifty seven thousand nine hundred twenty seven dollars and_83 100 Dollars,($ **457,9_27.83** )for which payment well and truly to be made,we bind ourselves,our heirs, executors and administrators,successors and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, if Contractor,hisiher or its heirs,executors,administrators,successors or assigns,or subcontractors,shall fail to pay any of the persons named in,or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any claimant,or any amounts required to he deducted,withheld,and paid over to the Tax Board from the wages of employees of the Contractor and his/her subcontractors,pursuant to the Revenue and Taxation Code,with respect to work and labor,that the Surety or Sureties will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In the event suit is brought upon this bond by the Town and judgment is recovered,the Surety shall pay all costs incurred by the Town in the suit,including reasonable attorneys' fees to be fixed by the court. '� - -. _ J-vs.:Va::hail.:,ura.:�.-.::v��,., : -: -ul.y--v3•LtiL--�,.ii,,3uii�1,Gil rite -to-giSi z-rr��rt-U1�1,'l�Ufl-t0 SUCn-�?erS0I1S or their assigns in any suit brought upon this bond. IN WITNESS WHEREOF,we have hereunto set our hands and seals on this 5 thay ofNovember 20 07 . CONTRACTOR: SURETY: Name: _ Smyth Steel Manufacturing, Inc- Name: Merchants Bonding Company (Mutual) Address: 4010 E Illinois St Address: 71 00 Fl eur Drive_ Tucson, AZ 85714 I ' we ' ll - I 1 Tel.No.: 0 0-8719 Tel.No.: _:.l 1 • :—;iI/ By: BY ,1,11,1t%/ :_ /�/,/ISS -— Melanie Smith, Attorney-in-Fact NOTE: This bond must be executed by both parties,and in the case of a corporation,with corporate seal affixed. AC signat'lret wrist be acknowledged. (Attach acknowledgments.) The Attorney-in-fact for the bonding company must be registered in at least one county in the State of Arizona. ,.::••Uocctrn,and Scu60.drtivhfy Dc umerts•.}'IIinied SM;Derneman\Bid Dec for Fitast 2 Rccl.ttmcd W.,er System Pr+i.,ted Sk}.dx 40 CORPORATE A.CKNOWLEDGEMENT(S) STATE OF ARIZONA ) )ss: COUNTY OF PIMA On this s- day of N Le h 20°1 before me personally appeared a ary SnA4-11\ to me known,who,being by me duly sworn,did depose and say that he/she reside(s) in Pima County,Arizona and that he/she is the P reof theTI'` S��e 1 c..-. ,the corporationexecuted the rv�.''I rY� , I which Contract,that he/she knows the seal of the corporation;that the seal affixed to the instrument is the corporate seal;that is/was so affixed by order of the Board of Directors of the corporation,and that h /she signed his/her name to the instrument by like order. ,-fr(/(Qvue# ._'.�:-t';s3e�3�..` _ __%`r�r. ;�;:.�trs;�•rxs_.:tsSY�Z "�����'��a,�c Notary Public i `j .F��'.__`._r• ANN-MARIE GOE iTSt.H My Commission Expires: 0/ Notary Public-Arizona Pima County =- My Commission Q� C mmission Expiesr STATE OF ARIZONA ) * 1912 July 1,2008 )ss_ COUNTY OF PIMA On this 5th day of November ,2007 before me personally appeared Melanie Smith known to me to be the person whose name is subscribed to this instrument as the Attorney-in-Fact of Tucson, AZ _of Merchants Bonding Company (Mutual) and acknowledged to me that he/she subscribed the name of.. Merchants Bonding Company (Mutual) as Surety,and his/her own name as �.. tc!AL S E.:'i:.. S 1 IP M. YOUNG �Llf 2 F"? e• { .7 Kota i, ►;�� �.�,..� ) � � ry Public i��Y�-�orrirrssion Expires: C,Docurnems OGQ Sening,WrJIZiAIY COCUinnIsTaistal 9,y Ecmentary,Bid DTIC For Phase 2 Ra:o,rned Syvan N..-d Sly ck,c c1 1 Bonding• CompanyMerchants (Mutual) POWER OF ATTORNEY Know All Persons By These Presents,that the MERCHANTS BONDING COMPANY(MUTUAL),a corporation duly organized under the laws of the State of Iowa,and having its principal office in the City of Des Moines, County of Polk, State of Iowa,hath made, constituted and appointed, and does by these presents make,constitute and appoint Leon B.Byrd,Jr., Stephen Perkins,Miriam Christensen,William A. Stanley, Melanie Smith,Filiberto J.Islas of Tucson and State of AZ its true and lawful Attorney-in-Fact,with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TWO MILLION ($2,000,000.00)DOLLARS and to bind the MERCHANTS BONDING COMPANY(MUTUAL)thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY(MUTUAL),and all the acts of said Attorney-in-Fact,pursuant to the authority herein given,are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By- Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY(MUTUAL)on November 16,2002. ARTICLE II,SECTION 8-The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE II,SECTION 9-The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof,MERCHANTS BONDING COMPANY(MUTUAL)has caused these presents to be signed by its President and its corporate seal to be hereto affixed,this 1st day of September,2004. •MkkG_e0• • MERCHANTS BONDING COMPANY(MUTUAL) •• 0 • • •cry;_ co. • •f -o- 0•^• • • ;3 • �'▪ 1933 :c; By 4/4°r"-/-7 • , •• STATE OF IOWA .•....•••• President COUNTY OF POLK ss. On this 1st day of September,2004,before me appeared Larry Taylor,to me personally known,who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL),the corporation described in the foregoing instrument,and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa,the day and year first above written. -_•#. CINDY SMYTH 4 - �+ :►y. - Commission Number 173504 owA My Commission Expires March 16,2006 Notary Public,Polk County,Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL),do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said MERCHANTS BONDING COMPANY(MUTUAL),which is still in full force and effect and has not been amended or revoked. In Witness Whereof,I have hereunto set my hand and affixed the seal of the Company on this 5th day ofNevember 2007 .••o •••C°4 • : C`, -I • • !// • •�, rn•• •• •�? -o- o• • •Z: ' :-% 1933 1933 Secretary •c •y• .• yma . POA 0001 (9/04) .•W •• ATTACHMENT 1 DEFINITION OF TERMS Addendum Written or graphic instrument(s)issued in writing,after advertisement,but prior to the opening of the Bids,which alter,change,clarify,correct,modify,or revise the Contract Documents. Bid The offer of the bidder, submitted on the prescribed form(s) to perform the Work and/or furnish material(s)and/or furnish labor and/or furnish equipment at the price(s)quoted. Bidder's Proposal: The offer of a bidder, on the prescribed form, to perform the work and to furnish the labor and materials at the prices quoted. Bidders Bond The security furnished with a bid to guarantee that the bidder shall enter into the contract if the bid is accepted. Change Order A written order, issued and signed by the Water Utility Director of his designee to the Contractor, directing addition(s), deletion(s) or revision(s) in the Work, adjustment in Contract Price(s) or Contract Time,said Change Order(s)is/are issued after the execution of the Contract,all as incidental to the prosecution of the Work as advertised. Contract The written agreement between the Town and the contractor setting forth the obligations of the parties thereunder including,but not limited to, the performance of the work,the furnishing of labor and materials and the basis of payment. Liquidated Damages The monetary damages amount that the parties to the Contract shall be paid to the Town by the Contractor for each day the work remains incomplete after the scheduled completion date. The Liquidated Damages amount will be set in accordance with Section 108 of the Pima County/City of Tucson Standard Specifications for Public Improvements(2003 EDITION). Non-Collusion Affidavit Certification on behalf of the person, firm, association or corporation submitting the bid, that such person, firm, association or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action, in restraint of free competitive bidding in connection with the submitted bid. Notice Inviting Bids The public announcement, as required by law, inviting Bids for work to be performed and/or materials to be furnished and/or labor to be furnished and/or equipment to be furnished. Payment Bond The security provided by the contractor solely for the protection of claimants supplying labor and materials to the contractor or to subcontractors of the contractor. Performance Bond The security provided by the contractor solely for the protection of the contracting agency and conditioned upon the faithful performance of the contract in accordance with the plans,specifications and conditions thereof. Project Manager The Town designee in direct charge of the Project and responsible for the completion of the project according to the provisions of the Contract. Project Plans Specific details and dimensions peculiar to the work which are supplemented by the standard details insofar as they may apply. C:\Documents and Servings\druiz\My Documents\Painted Sky Elementary'Bid Doc for Phase 2 Reclaimed Water System Painted Sky.doc 4 4 • Reference Specifications Any specifications referred to in the Contract Documents other than Standard requirements peculiar to an individual project. Special Provisions Additions and revisions to the Standard Specifications covering conditions and Specifications, including, but not limited to: bulletins, standards, rules, methods of analysis or tests, codes, other agency specifications, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the Project or issuing the permit, unless otherwise specifically referred to by edition,volume or date. Standard Plans The latest edition of the CITY OF TUCSON/PIMA COUNTY STANDARD SPECIFICATIONS FOR PUBLIC IMPROVEMENTS, including all SUPPLEMENTAL AMENDMENTS, as prepared by a joint effort of the Departments of Transportation of the City of Tucson and Pima County as approved for repetitive use,showing details to be utilized where appropriate(2003 EDITION). Standard Specifications The latest edition of the CITY OF TUCSON / PIMA COUNTY STANDARD SPECIFICATIONS FOR PUBLIC IMPROVEMENTS, including all SUPPLEMENTAL AMENDMENTS, as prepared by a joint effort of the departments of Transportation of the City of Tucson and Pima County as approved for general application and repetitive use(2003 Edition). Surety Bond Bond in the amount of one hundred percent (100%) of the amount of the contract. Binds the contractor for the full and complete performance of the contract and for payment of all debts pertaining to the work. Waterworks Standards The latest edition of the CITY OF TUCSON WATERWORKS STANDARD SPECIFICATIONS AND DETAILS,unless modified within the Plans and/or the Standard Notes and Detail Plan Sheet for the Town of Oro Valley Water Utility. C:Documents and Settings`druiz My Documents Painted Sky Elementary Bid Doc for Phase 2 Reclaimed Water System Painted Sky.doc 4 5 ACORD. CERTIFICATE OF LIABILITY INSURANCE OP ID LZ DATE(MAAIDDIYYYY) SMYTH-1 11/05/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE THE MAHONEY GROUP — TUCSON HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3719 N. Campbell Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. :son AZ 85719-1541 ' cone: 520-795-8511 Fax:520-795-8542 INSURERS AFFORDING COVERAGE NAIC# INSURED~ ' INSURER A: Cincinnati Insurance Company 10677 INSURER B: Smyth Steel Mfg. Inc. INSURER C: Automation & Control Inc 4010 E Illinois Street INSURER D: Tucson AZ 85714 r INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 7ASR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE jMM/DDIYYJ DATE(MM/DD/YY) LIMITS GENERAL LIABILITYy EACH OCCURRENCE $ 10 0 0 0 0 0 UAMAUE IU RENIEU A X COMMERCIAL GENERAL LIABILITY CAP5871334 01/01/07 01/01/08 PREMISES(Ea occurence) $ 100000 I CLAIMS MADE [X OCCUR MED EXP(Any one person) $ 5000 PERSONAL&ADV INJURY $ 1000000 GENERAL AGGREGATE $2000000 GEN'L AGGREGATE LIMIT APPLIES PER: i PRODUCTS-COMP/OP AGG $ 2000000 POLICY PRO- JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 A i X I ANY AUTO CAA5 8 4 6 5 91 01/01/07 01/01/08 (Ea accident) ALL OWNED AUTOS } BODILY INJURY $ SCHEDULED AUTOS (Per person) I HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ _ I PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ I ANY AUTOEA ACC $ OTHER THAN AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 5000000 A X OCCUR I CLAIMS MADE CAP5871334 01/01/07 01/01/08 AGGREGATE $ 5000000 DEDUCTIBLE $ IX RETENTION $0 $ WC STATU- OTH- WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E L.DISEASE-EA EMPLOYE $ It yes,describe under - SPECIAL PROVISIONS below E L DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE: Phase 2 Reclaimed Water System, Painted Sky Elementary School Reclaimed Water Line and Booster Project # OV24-06-01RW *10 days for non payment of premium. CERTIFICATE HOLDER CANCELLATION • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Town of Oro Valley 1100 N. La Canada Dr REPR SENTATIVES. Oro Valley AZ 85737 AUTH IZED wTATIV" • , A2)Kally"- ACORD 25 (2001/08) --- ©ACORD CORPORATION 1988 SAriZO;;410. fit; for . von .... _ Certificate of Insurance ..... Certificate Mailed To: Name of Insured: TOWN OF ORO VALLEY SMYTH STEEL MFG INC 11000 N LA CANADA DR 4010 E Illinois St ORO VALLEY AZ 85737 Tucson AZ 85714 Date issued: 10/29/2007 Certificate Number: 42 Policy Number: 144439 Origin Date: 11/03/1983 Expiration Date: 10/01/2008 Liability Limits: 1000/1000/1000 (000 Omitted) Proof of Coverage Storage tank installation @ various AZ locations Job Number: Location: Should the above policy be canceled by the SCF ARIZONA before the expiration date thereof, the SCF ARIZONA will endeavor to mail 30 days written notice to the above named Certificate Holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the SCF ARIZONA. This Certificate is issued as a matter of information only and confers no rights upon the certificate holder.. This certificate does not amend, extend or alter the coverage afforded by the policy listed hereon. This is to certify a workers'compensation policy has been issued to the insured listed hereon and is in force for thep eriod referenced. Certificate Issued To: Town Of Oro Valley 11000 N La Canada Dr4,04,:c=e125._ Oro Valley AZ 85731 Authorized Representative 61-810 01/20/2006 • ATTACHMENT NO. 3 �Pk`EY'VR/ O �O r� ^,tea-Y o41111 � 1g� NDE0 Sketch of Project Site • '''°I, P iii --A.' - -,, --, 9. CLAIM E[j WAT RS Y S TEM O„ ,_ ,At:,„:„„. e ,, i � �4' ..,e,:......;„..,./...,4;:„.-, ::;,,,‘.:t..,. t yiF •• f ayr. d•a ri,hi•,.'al;'f/ J `,�1 1 r' i .'-: � r ..\',,_..,• �� t • • • ••,,,,:r'4.•..:4,4 ---.4..,-•^- 174..i'-...u.,, ' N FOJ1 UNDED� � / '.9-A., Nior . ,- ---1-- ! •.; /,:.../.:... , , ,, . .....,-, i•-,E,,;----,.. •• j. I - Exist.24”Reclaimed Water Line y _i ( .,... k" NEW 8 'Reclaimed ('1 • %'` `JJ _- - I 1 . .i 1_ 1, I 1 i----1- ��--J -- , I _I -• Water Line ; ' 'r../_•:;t : , �____' r --r---j-__- , T__ { I---\-,r - ,.-F;•, , ,-.7,—,, r:; /�4J Painted Sky Elementary 1 1 1_. 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TOWN OF ORO VALLEY -OUNCIL COMMUNICATION MEETING DATE: December 5, 2007 TO: HONORABLE MAYOR & COUNCIL FROM: Kathryn Cuvelier, Town Clerk SUBJECT: Reappointment of Mr. C. Kent Russell to Municipal Property Corporation Board of Directors SUMMARY: On September 30, 2007, the term of Mr. C. Kent Russell member of the Municipal Property Corporation expired. Mr. Russell has indicated his desire to be reappointed to the Board. Staff is recommending reappointment. Please refer to the attached letter sent via email from Mr. Russell indicating his interest in reappointment. ATTACHMENTS: Letter of interest sent via E-mail for reappointment SUGGESTED MOTION: I the Municipal Property move to reappoint Mr. C. Kent Russell to p p Y Corporation Board of Directors with term set to expire September 30, 2010. or I move to . . . Kat n Cuvelier Town Clerk air) a-14144- David Andrews Town Manager Page 1 of 1 Cuvelier, Kathryn _.... .. M. ...._ .M. . . .._ _.w. ... .. . ._.mk _ ... Mw.._.. ..ww . M. .. .M .. w.w ... . ___.._.. . . From: Sent: Tuesday, November 13, 2007 4:23 PM To: Cuvelier, Kathryn Subject: Re: Reappointment to MPC Kathi: It was very nice to talk with you today. Please accept this e-mail as my request to be considered for reappointed to the MPC for another 3 year term youan If have questions or need additional information please contact me. Thank Y to hearing back from you. you and I look forward Best Regards, Kent Russell See what's new at AOL.com and Make AOL Your Homepage. 11/13/2007 TOWN OF ORO VALLEY Page 1 of 2 kitia;0UNCIL COMMUNICATION MEETING DATE: December 5,2007 TO: HONORABLE MAYOR AND COUNCIL FROM: Phil Trenary, Operations Division Manager SUBJECT: Appointment to the Stormwater Utility Commission Board SUMMARY: Recently Town staff received Mr. Tom DuPlain's resignation from the Stormwater Utility Commission. Using establishedprocedures rocedures as outlined in the Town Council Policies and Procedures, an Interview Panel was formed consistingof Council Member Liaison KC Carter, Stormwater Utility Commission Chair Jim Dunn, Town staff representative Rich Hawkinson and me. In order to make recommendations for the appointment to er UtilityCommission two (2) reliminary interviews were conducted, one with Mr. Michael the Stormwat p Gardner and the other with Mr. Ralph Stein who expressed interest in serving on the Stormwater Utility Commission. As a result of those interviews, Town staff is recommending Mr. Michael Gardner for appointment and has attached his application for your consideration. Should Mr. Gardner be appointed by Mayor and Council pp tonight, his proposed term of service will be December 5, 2007 through December 5, 2009. � ISCAL IMPACT: None ATTACHMENTS: 1. Volunteer Application SUGGESTED MOTIONS: I move to appoint Mr. Michael Gardner to the Stormwater Utility Commission, with term effective December 5, 2007 through December 5, 2009. Or I move to deny Mr. Michael Gardner to the Stormwater Utility Commission, with term effective December 5, 2007 through December 5, 2009. TOWN OF ORO VALLEY Page 2 of 2 COUNCIL COMMUNICATION MEETING DATE: December 5, 2007 4Phil Trenary, Oper do s D' ision Manger Craig Civali r, Town Engineer Jerene Watson, Assistant Town Manager ?avid Andrews, To Manager Jun. 14. LUV/ I V: V i1m • r •r o -_••yf..yr.lit...1M.1...I• •>_�-::�.��,�• APPOINTMENT APPLICATION VALLEY VOLUNTEER� Dear Oro Valley ltiz n: informational when completed,will allow us to quickly process your Valley. This informati form, s of Oro l eYreflectingthe We appreciate your interest�the Townattached fur your reference. Infotmata�v P • list deson`bin the Town's Boards and ions isfrom date of recei • A 8 application will remain on file for two years Pt- app surrounding cess to Boards is also attached. Your sjurouading the appointment process thank you l�.nd�r for ' we can best use your talents and experience. We • how Your supplying this data will gY assist us in ..._ volunteering to serve the Town- • at time and must have resided In the Town for 1 year. . shall serve on more than one standing Board any Please note. No volunteer � North La Canada Drive,Oro Valley,Arizona 85737. Please return to the Town Clerk's�� 11,000 MtG4' c.tPA Name G4,rA��r �" eFirst Last e5 3? + State p Addressi12Borne Phone CityStreet . 8usmPhoneChen Email 9 be a resident of the Town for 1 year.) of Years in Oro valley �� . ... - .bet Date G Afe A,7 Signatare Please indicate the board or commission you wish to jour. 4or00%'"'"A_______._L_----i:'" °44t1: 5F----C--c"14_mg; Sio . anyboards or�onnmigsions on which you have • in Oro Valleyand with other v ��including ��list your volunteer8�'� i civic,educational, social,etc.) served.(board/commission, w14 • mission appointment for which you have applied? Please volurrtee�r service prepareyou for the board or coin How does your previousthe Board or Commission for which you� :..lying. /CAM � 1 Spandescn issue coasidcred at a meett.n$of st - — ,� t h�� I Iv�S i 1,_.4 411.1_,___ffitY -c.a% sat at.)L . /r SSS'+ - � 4)' � +Is:c 604 rat . 11l Are you willing to attend? Haveattended the PlPlanning • you Citizens your eucalvoca vn l background. �i t VAN Briefly of Nee. describe dtional S. GeoLtAl ,der: 7 EA • ' - fl'lr!' iCia ;4‘4.:, /1 M A "ear itAft, ir -P704- ADDITIONAL INFORMATION MAY BE ATTA118/0� IF I�BSFRED, vall .cvQl CEIED www.townoforo eY • Si PA;,CC f4 .es 2G04- Pe$4441' Ju ►. ID. 'MI 9, -JAM VLV I I L • i 4 • Michael P Gardner • V.P.Land Development Sierra Pacific Homes April 2005—present History P Project Coordinator(Land) Richmond American Homes Nov 2004—Apr 2005 Project Manager Rick Engineering Co. Nov 1998—Nov 2004 g Q.L.A. Mar 1997—Nov 1993 The WLB Group Sept 1996—Mar 1997 Design Engineer'neer Rick Engineering Co. June 1988—Sept 1996 8a EzExperiencegp Responsible for assisting in the identification and evaluation of land acquisition opportunities and obtoinineraaintaining records and reports for such property. Review Entitlement/Zoning documents and supervise engineering consultants during subdivision design and platting processes. Prepare and maintain land development budgets from feasibility phase throughconstruction. Provide value engineering and oversight of plan processing and approvals by government entities. Responsible for preparation of contract � bid documents; coordinates bidding process and sel ectioii_of contractor. Manage grading, drainage, utility construction; coordinate release of assurances from appropriate governmental agencies. As an engineer, had oversight responsibilities for two,fouperson design teams. Prepared and presented project proposals; administration of proj ect budgets, including invoicing and receivables. Responsible for scheduling and prioritization of projects; facilitated weeklyclient status meetings. Organized and presented at neighborhood mgrezoning andgeneral s for informational purposes. Prepared and processed Subdivision Plats,Development ment Plans and Construction Improvement Plans. Developed P and maintained workingrelationships with Development Services and Engineering staffs of City of Tucson,Pima County, Town of Marana and the Town of Sahaurita. Responsible for employee training,performance evaluations and salary recommendations. Additional Skills Established, implemented and maintained an in-house Microstation (CADD)training program. Facilitated monthlymanager policy meetings. Established and maintained project ect proposal and agency scheduling templates. Education Bgree B.S. De , General Engineering—University of Redlands, California TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: December 5, 2007 TO.• HONORABLE MAYOR & COUNCIL FROM: Kathryn Cuvelier, Town Clerk SUBJECT: CANCELLATION OF THE JANUARY 2, 2008 TOWN COUNCIL MEETING DUE TO THE NEW YEAR'S DAY HOLIDAY SUMMARY: • 2, 2008 Town Council meeting be cancelled due to the New Year's Mayor Loomis has asked that the January . • conflicts with our regularly scheduled Council meetings for calendar DayHoliday. There appears to be no other g year 2008. SUGGESTED MOTION: I MOVE to cancel the January 2, 2008 Council meeting due to the New Year's Day Holiday. ATTACHMENTS: Sreeting calendar for 2008. (1,16f-Gt ti+ Kathryn Cuvelier, Town Clerk David Andrew, Town Manager 6. o • o 0 LP0a) a) -o = > -3 CO > -3 CO EL) -3 -C 0 2 a) a) = : Q 0 O CO U O N o0 00 0o co 00 00 00 00 M 00 00 00 00 00 00 00 00 CO CO co CO CO CO 00000000000000000000000 0 a _c) � LnOONN- r- '1 LU (3) C aCOLCONLO0) CO N- LU -- LL O N O N O N O N O N N O N O N O T- O N O N_ O_ CO .- - N- 1- N N CO CO V V' LC) Lf) C0 N- N- CO CO 0 a) 0 (/) C/) � Q V 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r- - O -i z < W W W I- E Q - co E Nooco00coC)Oo0DOo0000000cocoCO000000DO000000C)O JE a3 :!:-.2 C)-c, 000 _OO_ O_ O_ OOOGO00000000000 ,- N C0 N- �- 't CO r- Ln co 0 co ,-- U W c E a) � O N � Mr- N � Nr- ON- (NN- N � MN- Nr- Nr- CO - 0 Z 0) U a) _c M N - , N 0 0 CO0 0 0LC) 0LO p 0 0 0 0 0 0 0 00 0 � N pV QU2H � o00 O Q U a c Z J O Vimp — cn = >- O z � --- a) co o ~ _ m U -a J cOoL0 0 -J ►— oOo000oOoO00oOoOoOoOoOoOoOo0oO00oOoO00oOoOaO - -�- _ E-- O00000000Oo_ _oo_ O_ O_ O_ O_ o_ OOOooO D O _ �-- In O N CON- �- CO_ Ln CO 0 CO �- w N a) U_ WN � M .- N ' NN- O �- NI- N ' CO ' N '- Nr- M � 0 Ce W Ca U (f) a) a) = Nr- ,--- NNCOMtet' LUInLUCOCON- N- COC)O0) a) 00 - N W 0 0 0 ,- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Z J O � O a a, E w W o v C. -J O -0 LU o a) O >,o 0 .� Z cn Q - _ - Q E L > 0 O o w4 N ON- CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO00000000 ,♦_ -o V Q ? o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 V .- E WCoCOOC` N- NC CD CD CON- LnC0000N- 0 Lc) a)- co ap a) E. W N ` co N ` N ` CO •= N` ` N` ` CO ` N N D p Nr- NNMC'7V- Ln LO C0 CO N- N0000o0) 00 ,- r- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r' N- ‘- CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO_ 000000000000000000000000 CO 0 N N C.0 C0 0 Lt) 0) N co 1- .1- •Cr CO N CO CO Q CON- LO LO CD CO N O -- O N O - O ,- 0 N 0 — O N-- 0 N 0 — 0 T.- 0 'N- 0 ,--- a) a%) cu -- -- -- --... -- --_. --- --_. --,_ --- -- --- -- -- --._ -- --- --- -- --- -- --_. -- --- T.- -,- N N co co -4- -4- LO lf) C0001� I� 0000o0) 001- r- NN W E 0 O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r- ......._ 2 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: DECEMBER 5,2007 TO: HONORABLE MAYOR & COUNCIL FROM: Roxana Garrity, Deputy Town Clerk SUBJECT: PUBLIC HEARING— APPLICATION L LOCATED AT 1035(RESTAURANT) LA CADA DRIVE, LR ICENSE FOR TORINO RISTORANTE SUITE #141 SUMMARY: An application by Mr. 011ie Shouse has been submitted for a Series 12 (Restaurant) Liquor License for Torino Ristorante located at 10355 N. N. La Canada Drive, Suite 141. ed 20 ays In accordance with Section 4-201 of the Aremlzona ses o Revised property.es, the application protests were e�etrece'�ed during commencing on October 16, 2007 on the pr that time period. Chief of Police Daniel Sharp has conducted a background investigation on the applicant and has recommended ":approval of the Series 12 Liquor License. Acting Town Attorney Tobin Sidles has also provided comment ,. aarding this application. (Series 12 Liquor License Description: Allows the holder of a restaurant license to sell and serve spirituous liquor solely for consumption on the premises of an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food.) ATTACHMENTS: 1. Memorandum from the Police Chief 2. Memorandum from the Town Attorney 3. Liquor License Application 4. Arizona Department of Liquor Licenses and Control Description SUGGESTED MOTION: I move to recommend disapproval of the issuance of the Series 12 Liquor License to the Arizona State Liquor Board for Mr. 011ie Shouse at Torino Ristorante located at 10355 N. La Canada Drive, Suite #141. c7a4zi,,,, - a�tment Head De444- 0,4.4‘.4...4, Town Manager INAA- Y ,t? JO 7x O 11000 N. La Canada Dr. ";, $. Oro Valley,Arizona 85737 r.. -"•L } � <► Phone(520)229-4900 FAX(520)797-2616 'DANIEL G.SHARP,Chief of Policewww.ovpd.org t A %433-fbAiiirli'; A xGp vy✓> x x / ONDEVV) 1 ORO VALLEY POLICE DEPARTMENT "FAIRNESS, INTEGRITY, EXCELLENCE" TO: Roxana Garrity FROM: 6.A Daniel G. Sharp RE: Background Investigation, Application for Liquor License g g Torino Ristorante 10355 N. LaCanada Dr. #141 On October 29, 2007, the Oro Valley Police Department completed the standard background check on Torino Ristorante and Agent 011ie Shouse. It was noticed on the Arizona Department of Liquor License & Control Questionnaire 011ie Shouse did not provide the required complete details to question 15. Thisquestion requires the agent to provide a signed statement listing complete details to q , • include dates, agencies involved and dispositions of any incidents where by the Agent g was detained, cited, arrested, indicted or summoned. Much of this information was found to be omitted from the application provided to the Oro Valley Police Department. On question 1 of the questionnaire no box has been checked indicating Mr Shouse's affiliation with the business such as Owner, Partner, Agent or Manager. As a result of the background check the Oro Valley Police Department does not pp su ort recommending approval for the issuance of a liquor license to Torino Ristorante located at 10355 N. LaCanada Dr. #141. b pai" - . „... , .. ARIZONA DEPARTMENT OF LIQUOR LI(NStb UN I KUL i •,,,,V:-:,1, .,4:::,4:i.:2;1 400 W Congress #521 .,"*".7hin ton 5th Floor - iC 800 W Washington � �" 4 .. . " �`� , AZ 85701-1352 4 . . y - ..:k-, , Tucson -293 ,� ,�. '� �- �:�. �.�.�,�, , . Y�K.:,_ - Phoenix AZ 85007 M � ��': .�..j:.� * ~:-�' '�:.77 . (520) 628-6595 (602) 542-5141 ‘;:,.;'-`,:-'..1:4 ,:,, .toop, . , ./1► I 3 1 -7,,-;.c4.:. i T f).: .,?` APPLI CATIONIFOR UORr -"CENSE nn ou. A&:,-:-. 6s-A:‘,t-ti,..?,7,' PA E,-;., ,,,, .. A 4, f; ---,,,,,.:, ..,, , T BLACK INK ers Stockholders,Officers or Managers actively involved in the day to day operations of Notice: Effective Nov.1,1997,All Owners,Agents Parte s the business must attend a Department approved liquor law training course.or .rovide proof of attendance within the last five years. See page 5 of the Liquor Licensing requirements. ,.F, fora: � � SECTION 2 Type of ownership: SECTION 1 This application is _ dINTERIM PERMIT Complete Section 5 ❑ .T.W.R.O.S. Complete Section 6 NEW LICENSE Complete Sections 2, 3, 4, 13, 14, 15, 16, 17 INDIVIDUAL Complete Section 6 ❑ PERSON TRANSFER (BarsLiquor& Li uor Stores ONLY) 0 PARTNERSHIP Complete Section 6 Complete Sections 2, 3, 4, 11, 13, 15, 16, 17 0 CORPORATION Complete Section 7 ❑ LOCATION TRANSFER (BarsLiquor and Li uor Stores ONLY) 0 LIMITED LIABILITY CO. Complete Section 7 Complete Sections 2, 3, 4, 12, 13, 15, 16, 17 0 CLUB Complete Section 8 __ _rl PROBATE/WILL ATE/WILL ASSIGNMENT/DIVORCE DECREE _0 GOVERNMENT Comnlc Section_10 _ _ __ Complete Sections 2, 3, 4, 9, 13, 15, 17(fee not required) 0 TRUST Complete Section 6 ❑ GOVERNMENT Complete Sections 2, 3, 4, 10, 13, 15, 16, 17 0 OTHER Explain 05 .(0()SECTION 3 Type of license and fees: LICENSE#. 1 art nt Use Only 1. Type of License: _ 2. Total fees attached: AND INTERIM PERMIT FEES (IF APPLICABLE) ARE NOT REFUNDABLE. APPLICATIDNFEE A service fee of$25.00 will be charged for all dishonored checks (A.R.S. 44.6852) ........ - - --- - - - - - - - - - - - - ....... - ---- -, 7\07/2/1. SECT1046,4pplicant: (All applicants must complete this section) Q, t\C) 1:477r., , -- - ---' 4:'''• :.'''•1:--4:*'''. ,,411",-::..10$004411t*,11* ' - -. \ 1 t/Agent's Name: Ms. . ' 0((' /C(' ONLY to appear on license) Last First bi °11)11 ) 2. Corp./Partnership/L.L.C.: (Exactly as it appea n Artic , of Inc.or Arti.i es of Or. ,,...i.m.------.. - 1. .-__ r.".....r,,.,-;4160 . . . -.k ,l. .`.Q, _ _ ..........-„.- - al.to, i:A. Ls ikiki. - . sk 3. Business Name. loPi 0(Exactly as it appears on the exterior of pm: ises) (9t ' r /4( Pi(,:/1 . .C.. 4. Business Address: 0 AcS- “ � (Do not use PO Box Number) �/ City COUNTY Zip r 5. Business Phone: ( 2 - O'D Residence Phone: Voor ated limits of the above .ty or tow ? S ❑ O 6. Is the business locate hin the � 7. Mailing Address' ‘1,,D rLk-r). tvbcO ' 2_ Cc-S)"‘"÷(ea City State Zip paid Enter the amount for a 06, 07, or 09 license: $ (Price of License ONLY) DEPART ENT USE ONLY Accepted by: �,F,�, � � Date. 10 I() Lic.# 1 a\ 0 3by 0 d‘D.14 Fees: 1 ��� $ Application Interim Permit Agent Change Club F. Prints TOTAL irPROCESSING APPLICATIONS TAKES APPROXIMATELY 90 DAYS,AND CIRCUMSTANCES OFTEN RESULT IN A LONGER WAITING PERIOD. You ARE CAUTIONED REGARDING PLANS FOR A GRAND OPENING,ETC.,BEFORE FINAL APPROVAL AND ISSUANCE OF THE LICENSE. LIC 0100 0512004 *Disabled individuals requiring special accommodation, please call (602) 542-9027. 1 SECTION 5 Interim Permit ' 1. If you intend too rate business while your application is pending you will need an Interim Permit pursuant to A.R.S. Pe 4203.01. 2. There MUST be a valid license of the same type you are applyingfo currently issued to the location; ' . 3. Enter the license number currently at the location 12..'(.0 Is 3 2) Y 4. Is the license currently in use? ! Y S 0 NO If no, how long has it been out of use? ATTACH THE LICENSE CURRENTLY ISSUED AT THE LOCATION TO THIS APPLICATION. I, , declare that I am the CURRENT OWNER,AGENT, CLUB (Print full name) MEMBER, PARTNER, STOCKHOLDER OR LICENSEE of the stated license and location. foregoing application State of County of, X The foregoing instrument was acknowledged before me this (Signature) ____day of , Day Month Year My commission expires on: - _ __ _ _ _ __ __ gnature of NOTARY ID_y._BLIC) - 1 ' ,fi l/ . , ---2'(C-.. ' Qa—AJ 1 bit_61 2LAS,e ii ' , SECTION 6 Individual or Partnership Owners: ' EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM"LIC0101",AN"APPLICANT TYPE FIN E RINT CpL ND$29 FEE FOR EACH CARD. 1. Individual: Last First Middle %Owned Residence Address City State Zi. _5(\_6()Qe t 0 k )e/ lb 0 , . room �a Partnership Name: (Only the first partner listed will appear on license) General-Limited Last First Middle 1%Owned Residence Address City State Zip ❑ ❑ , (\ ❑ ❑ ki ---- -------- .. ❑ ❑ 1 41 ji 1 ❑ ❑ \\,4 \ - (ATTACH ADDITINAL SHEET IF NECESSARY) 2. Is any person, other than the above, going to share in the profits/losses of the business? 0 YE E'..• If Yes, give name, current address and telephone number of the person(s). Use additional sheets i necessary. Last First iddle Residence Address City,State,Zip Telephone# • 2 AZ Dept Liquor License & Control Page 1 of 1 Arizona Department of Liquor Ltense a` ChPmt Mi Ate°" w�,"'x. �,� >� {1 \'i/6. '. .' .Y."a.�'!w •gym,M• •^♦ 14` :. �t' �¢ :�1'.��,/`44�" :` • n '41111110.- .r • 1.1041010:110421•4- x :.44.77:,,„—opo'.l. (R � # • ra%sit..• s • " ..r • Lon In You Are Here:Home > Iicensinq > series > 12 License Types: Series 12 Restaurant License A. E : About Non-transferable : History On-sale retail privileges : l...eadership Team Note:Terms in BOLD CAPITALS are defined in the glossary. : Information PURPOSE: Training �� iquor �w : Laws Allows the holder of a restaurant license to sell and serve spirituous liquor solely for consumption License on the premises of an establishment which derives at least forty percent(40%)of its gross ri `awII1g\4F Renewals revenue from the sale of food. to : Query AP ADDITIONAL RIGHTS AND RESPONSIBILITIES: : License Drawing 2007 Liquor License : Liquor Board An applicant for a restaurant license must file a copy of its restaurant menu and Restaurant Drawing Entry Form Operation Plan with the application.The Plan must include listings of all restaurant equipment and : F.A.Q• service items,the restaurant seating capacity,and other information requested by the department Glossary of Terms substantiate that the restaurant will operate in compliance with Title 4. : Forms The licensee must notify the Department,in advance,of any proposed changes in the seating capacity of the restaurant or dimensions of a restaurant facility. : Employment : Contact A restaurant licensee must maintain complete restaurant services continually during the hours of selling and serving of spirituous liquor, until at least 10:00 p.m. daily, if any spirituous liquor is to be sold and served up to 2:00 a.m. On any original applications, new managers and/or the person responsible for the day-to-day operations must attend a basic and management training class. Now A licensee acting as a RETAIL AGENT,authorized to purchase and accept DELIVERY of spirituous liquor by other licensees, must receive a certificate of registration from the Department. A PREGNANCY WARNING SIGN for pregnant women consuming spirituous liquor must be posted within twenty(20)feet of the cash register or behind the bar. A log must be kept by the licensee of all persons employed at the premises including each employee's name,date and place of birth,address and responsibilities. Bar,beer and wine bar, and restaurant licensees must pay an annual surcharge of$20.00.The money collected from these licensees will be used by the Department for an auditor to review compliance by restaurants with the restaurant licensing provisions of ARS 4-205.02. AVERAGE APPROVAL TIME: Sixty-five(65)to one-hundred five(105)days. PERIOD OF ISSUANCE: One(1)year with option to renew. FEES: Non-refundable application fee: $100.00 Fingerprint fee per card: Contact Department Interim Permit fee: $100.00 Upon approval: Final fees(full year): $2,000.00 Final fees(half year): $1,750.00 Annual renewal fee(includes SURCHARGE): $585.00 ARIZONA STATUTES AND REGULATIONS: ARS 4-119,4.201,4-202,4-203,4-205.02,4-205.06,4-209(B)(12),4-209(D)(12),4-209(3), 4- 213,4-222,4-261; Rule R19-1-214, R19-1-231. Copyright 2007-Arizona Department of Liquor License&Control-Privacy Policy-Accessibility 800 W.Washington 5th floor;Phoenix,AZ 85007-400 W.Congress#521;Tucson,AZ 85701 http://www.azliquor.gov/licensing/series/12.asp 09/21/2007 t • TOWN OF ORO VALLEY Page 1 of 2 ,UNCIL COMMUNICATION MEETING DATE: December 5, 2007 Noir TO: HONORABLE MAYOR AND COUNCIL FROM: Joseph Andrews, Chief Civil Attorney SUBJECT: Ordinance (0)07- 42 Amending Chapter 10, Article 10-1, Section 10-1-5 to add Section 10-1-5(B), Idling Motor Vehicles SUMMARY: At the request of Council Member Gillaspie, the Legal Department has drafted the attached amendment to Town Code Section 10-1-5, Nuisance. Several jurisdictions around the country have enacted similar ordinances to address issues of air quality and noise caused by motor vehicles left idling near residential areas. In Arizona, state law delegates authority to regulate air quality to the Arizona Department of Environmental Quality, and to a more limited extent, the various counties throughout the state. Municipalities are, therefore, limited in their ability to regulate idling motor vehicles to those effects related to noise and nuisance. The attached amendments contain the following provisions: • Motor vehicles left idling for more than ten (10) minutes in or within 25 ft of a residential zone are in violation of the ordinance. • Emergency vehicles, public utility and public works vehicles are exempt if the vehicle is g y engaged in operational duties. • Violation of the ordinance is a civil infraction carrying a maximum penalty of$2,500.00 for each violation. ATTACHMENTS: 1. Ordinance (0)07- 42 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA AMENDING CHAPTER 10, ARTICLE 10-1, SECTION 10-1-5, NUISANCES OF THE TOWN OF ORO VALLEY TOWN CODE, BY ADDING SECTION 10-1-5(B), IDLING MOTOR VEHICLES 2. Text of Section 10-1-5 as amended. TOWN OF ORO VALLEY Page 2 of 2 kop,)UNCIL COMMUNICATION MEETING DATE: December 5, 2007 FISCAL IMPACT: There is a potential fiscal impact in the enforcement of this ordinance as far as OVPD staff time and prosecution staff time. Additionally, there may be a fiscal impact from any fines collected as a result of violation of the ordinance. SUGGESTED MOTIONS: I move to approve Ordinance (0)07- 42 amending the Oro Valley Town Code, Section 10-1-5, Nuisances to add Section 10-1-5(B), Idling Motor Vehicles. yt-_/1/ Joseph N. Andrews, Chief Civil ttorney avid Andrews, Tow anager IMP J=ane Watson, Assistant Town Manager r 4110 Attachment 1 ORDINANCE NO. (0) 07-42 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA AMENDING CHAPTER 10, ARTICLE 10-1, SECTION 10-1-5, NUISANCES OF THE TOWN OF ORO VALLEY TOWN CODE, BY ADDING SECTION 10-1-5(B), IDLING MOTOR VEHICLES WHEREAS, on September 27, 1989, the Town Council adopted a certain document entitled "The Code of the Town of Oro Valley, Arizona"; and WHEREAS, the Mayor and Council find that excessive noise degrades the environment of the Town and the Town has a substantial, and in some cases, compelling interest in controlling such noise; and WHEREAS, effective control and elimination of excessive noise is essential to the health and welfare of the Town's inhabitants and to the conduct of the normal pursuits of life, including recreation and communication; and WHEREAS, the Mayor and Council have determined that it is necessary to amend Chapter 10, Article 10-1, Section l 0-1-5 by adding Section 10-1-5(B), Idling Motor Vehicles; and WHEREAS, the Mayor and Council have determined that amending Chapter 10, Article 10-1, Section 10-1-5 is just and appropriate, and is found to be in the best interest of the Town. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Oro Valley, Arizona that the certain document, known as "The Oro Valley Town Code" is amended as follows: SECTION 1. Section 10-1-5 of the Oro Valley Town Code, Chapter 10 is amended as follows with additions being shown in ALL CAPS and deletions in Strikeout text: 10-1-5 Nuisances A. It is unlawful for any person to maintain a public nuisance. Anything which is injurious to health or indecent or offensive to the senses, or which interferes with the comfortable enjoyment of life or property by an entire community or neighborhood or by any considerable number of persons, or which unlawfully obstructs the free passage or use in a customary manner of any public place, street, sidewalk or alley in the town is a public nuisance and subject to summary abatement. B. IDLING MOTOR VEHICLES 1. NO PERSON SHALL LEAVE STANDING ANY MOTOR VEHICLE WITH ENGINE IDLING OR AUXILIARY MOTOR RUNNING FOR IN EXCESS OF TEN (10) MINUTES WHILE IN OR WITHIN 25 FEET OF A DEVELOPED RESIDENTIAL ZONE WITHIN THE TOWN. 2. THIS SECTION DOES NOT APPLY TO EMERGENCY VEHICLES, PUBLIC WORKS OR PUBLIC UTILITY VEHICLES ENGAGED IN THE PERFORMANCE OF EMERGENCY OR OPERATIONAL DUTIES. \\Legal\sharefiles\Clerk\Town Code\idling Vehicle Ordinance\Ordinance.doc Town of Oro Valley Attorney's Office/arm/102207 3. VIOLATIONS OF THIS SECTION SHALL BE CIVIL INFRACTIONS CARRYING A POTENTIAL PENALTY OF TWENTY-FIVE THOUSAND DOLLARS ($2,500.00) FOR EACH VIOLATION. SECTION 2. All Oro Valley Ordinances, Resolutions, or Motions and parts of Ordinances, Resolutions, or Motions of the Council in conflict with the provisions of this Ordinance are hereby repealed. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley, Arizona, this 5th day of DECEMBER , 2007. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Town Attorney altor Date: Date: _ 411110, \\LegaI\sharefiles\Clerk\Town Code\ldling Vehicle Ordinance\Ordinance.doc Town of Oro Valley Attomey's Office/arm102207 Attachment 2 thir 10-1-5 Nuisances A. It is unlawful for any person to maintain a public nuisance. Anything which is injurious to health or indecent or offensive to the senses, or which interferes with the comfortable enjoyment of life or property by an entire community or neighborhood or by any considerable number of persons, or which unlawfully obstructs the free passage or use in a customary manner of any public place, street, sidewalk or alley in the town is a public nuisance and subject to summary abatement. B. IDLING MOTOR VEHICLES 1. NO PERSON SHALL LEAVE STANDING ANY MOTOR VEHICLE WITH ENGINE IDLING OR AUXILIARY MOTOR RUNNING FOR IN EXCESS OF TEN (10) MINUTES WHILE IN OR WITHIN 25 FEET OF A DEVELOPED RESIDENTIAL ZONE WITHIN THE TOWN. 2. THIS SECTION DOES NOT APPLY TO EMERGENCY VEHICLES, PUBLIC WORKS OR PUBLIC UTILITY VEHICLES ENGAGED IN THE PERFORMANCE OF EMERGENCY OR OPERATIONAL DUTIES. 3. VIOLATIONS OF THIS SECTION SHALL BE CIVIL INFRACTIONS CARRYING A POTENTIAL PENALTY OF TWENTY-FIVE THOUSAND DOLLARS ($2,500.00) FOR EACH VIOLATION. . Yti- 3 ORDINANCE NO. (0) 07- 42 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA AMENDING CHAPTER 10, ARTICLE 10-1, SECTION 10-1-5, NUISANCES OF THE TOWN OF ORO VALLEY TOWN CODE, BY ADDING SECTION 10-1-5(B), IDLING MOTOR VEHICLES WHEREAS, on September 27, 1989, the Town Council adopted a certain document entitled "The Code of the Town of Oro Valley, Arizona"; and WHEREAS, the Mayor and Council find that excessive noise degrades the environment of the Town and the Town has a substantial, and in some cases, compelling interest in controlling such noise; and WHEREAS, effective control and elimination of excessive noise is essential to the health and welfare of the Town's inhabitants and to the conduct of the normal pursuits of life, including recreation and communication; and WHEREAS, the Mayor and Council have determined that it is necessary to amend Chapter 10, Article 10-1, Section 10-1-5 by adding Section 10-1-5(B), Idling Motor Vehicles; and WHEREAS, the Mayor and Council have determined that amending Chapter 10, Article 10-1, Section 10-1-5 is just and appropriate, and is found to be in the best interest of the Town. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Oro Valley, Arizona that the certain document, known as "The Oro Valley Town Code" is amended as follows: SECTION 1. Section 10-1-5 of the Oro Valley Town Code, Chapter 10 is amended as follows with additions being shown in ALL CAPS and deletions in Strikeout text: 10-1-5 Nuisances A. It is unlawful for any person to maintain a public nuisance. Anything which is injurious to health or indecent or offensive to the senses, or which interferes with the comfortable enjoyment of life or property by an entire community or neighborhood or by any considerable number of persons, or which unlawfully obstructs the free passage or use in a customary manner of any public place, street, sidewalk or alley in the town is a public nuisance and subject to summary abatement. B. IDLING MOTOR VEHICLES 1. NO PERSON SHALL LEAVE STANDING ANY MOTOR VEHICLE WITH ENGINE IDLING OR AUXILIARY MOTOR RUNNING FOR IN EXCESS OF TEN (10) MINUTES WHILE IN OR WITHIN 25 FEET OF A DEVELOPED RESIDENTIAL ZONE WITHIN THE TOWN. 2. THIS SECTION DOES NOT APPLY TO EMERGENCY VEHICLES, PUBLIC WORKS OR PUBLIC UTILITY VEHICLES ENGAGED IN THE PERFORMANCE OF EMERGENCY OR OPERATIONAL DUTIES. C:\Documents and Settings\KCuvelier\Local Settings\Temporary Internet Files\OLK2\Ordinance.doc Town of Oro Valley Attorney's Office/arm/102207 y • 3. VIOLATIONS OF THIS SECTION SHALL BE CIVIL INFRACTIONS CARRYING A POTENTIAL PENALTY OF TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00) FOR EACH VIOLATION. SECTION 2. All Oro Valley Ordinances, Resolutions, or Motions and parts of Ordinances, Resolutions, or Motions of the Council in conflict with the provisions of this Ordinance are hereby repealed. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley, Arizona, this 5th day of December , 2007. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Town Attorney Date: Date: C:\Documents and Settings\KCuvelier\Local Settings\Temporary Internet Files\OLK2\Ordinance.doc Town of Oro Valley Attorney's Office/arm102207 ti A • 10-1-5 Nuisances A. It is unlawful for any person to maintain a public nuisance. Anything which is injurious to health or indecent or offensive to the senses, or which interferes with the comfortable enjoyment of life or property by an entire community or neighborhood or by any considerable number of persons, or which unlawfully obstructs the free passage or use in a customary manner of any public place, street, sidewalk or alley in the town is a public nuisance and subject to summary abatement. B. IDLING MOTOR VEHICLES 1. NO PERSON SHALL LEAVE STANDING ANY MOTOR VEHICLE WITH ENGINE IDLING OR AUXILIARY MOTOR RUNNING FOR IN EXCESS OF TEN (10) MINUTES WHILE IN OR WITHIN 25 FEET OF A DEVELOPED RESIDENTIAL ZONE WITHIN THE TOWN. 2. THIS SECTION DOES NOT APPLY TO EMERGENCY VEHICLES, PUBLIC WORKS OR PUBLIC UTILITY VEHICLES ENGAGED IN THE PERFORMANCE OF EMERGENCY OR OPERATIONAL DUTIES. 3. VIOLATIONS OF THIS SECTION SHALL BE CIVIL INFRACTIONS CARRYING A POTENTIAL PENALTY OF TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00) FOR EACH VIOLATION. TOWN OF ORO VALLEY 4 COUNCIL COMMUNICATION MEETING DATE: December 5, 2007 0: HONORABLE MAYOR& COUNCIL FROM: Pamela J. Pelletier, Planner SUBJECT: Continued item: OV12-03-09, Leadstar/Coronado Engineering, representing T.J. Bednar, pp requests approval of a Final Plat for Villa Milagro, located west of Oracle Road and north of q Desert Sky Road. TOWN COUNCIL ACTION: At the regular session of Town Council held on October 17, 2007, the proposed project was reviewed. At the call to the audience, residents of the adjoining subdivision expressed concerns. As a result, Council directed the ► staff top rovide further information regarding these concerns to be presented at the next Council meeting. The motion was as follows: The Exhibit"A" conditions from the previous staff report have changed. The applicant revised the plans on the resubmittal to address all technical requirements. As a result, all conditions have now been met. At the time this report was completed, the Town Council minutes from the October 17, 2007, meeting was not available. 'EW INFORMATION: There were four main concerns raised at the October 17, 2007, Council meeting. These concerns were as follows: height of buildings; density of site; and the history of past proposed grading waiver for property to the south; and access to this site. These concerns are discussed in greater detail below. Height of buildings Per OVZCR Section 23.4 Table 23-2 A, the maximum permitted building height for the R-6 Multi-family residential district is twenty-five feet(25') or two stories. The proposed building heights for this subdivision are as follows: o Buildings on Lots 1-12, 21-21 may be one- or two-story,with a maximum building height of twenty-five feet(25'). o Buildings on Lots 13-20 shall be limited to one-story with a maximum building height of fourteen feet(14'). o Office buildings are proposed to be limited to sixteen feet (16'); eighteen feet(18') is permitted via the OVZCR. This project meets the height requirements for this zoning district. Density of site OVZCR Section 23.7 D, the density requirements for this zoning district are as follows: The minimum *Cross land area per dwelling unit shall be 3,500 square feet, EXCEPT that: The minimum gross land area per dwelling unit may be increased if it is determined by the Development Review Board or the Town Council that conditions peculiar to the site preclude such density. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of The site is approximately 6.25 acres or 272,067 square feet. The permitted density is calculated as follows: The site area, expressed in square feet, is divided by the minimum lot size permitted per the OVZCR. In this case, 272,067 square feet is divided by 3,500 square feet, resulting in a 77.7 total permitted residential units on this site. The breakdown per acres is 12.4 residences per acre (RAC). The proposed density for this site is 5.5 RAC. This project meets the density requirements for this zoning district. History of past proposed grading waiver for property to the south General Note#39 was added to both the preliminary and final plats in order to accommodate the possibility for cross-access between this site and the abutting parcel to the south (parcel # 224-33-131B). Specifically, an access easement is shown across Lot 13 to accomplish this, in the event of a grading exception approved by the Town Council for the abutting parcel to the south. However, if the Town Council does not grant a grading exception for this development within one year of the approval for the final plat, this access easement may be abandoned and Lot 13 may be developed in accordance of this plat. In May 13, 2003, a Grading Exception Public Hearing was held by the Development Review Board (DRB) for parcel # 224-33-131B. The DRB denied the grading exception and an appeal was made to Town Council but not acted upon. On October 6, 2004, the Town Council voted by a majority (5-2) to deny the rezoning request for this parcel as well. This project provides the General Note to permit cross-access to the parcel to the south via this final plat. A new grading exception request for the parcel to the south must be applied for and approved by Town Council in order to accommodate this cross-access. Access to this site The following is an excerpt from Golder Ranch Fire comment letter dated November 6, 2007 (also attached): The development and plat plans have been reviewed multiple times since 2003. There are 28 residential lots and two commercial lots served by a single point of access from Oracle Road. The roadway within the development is looped and provides adequate fire apparatus access. The access is in compliance with the Fire Code adopted by the Town of Oro Valley and Golder Ranch Fire District, 2006 International Fire Code. Developments of one- or two-family dwellings where the number of dwelling units exceeds 30 shall be provided with separate and approved fire apparatus access roads and shall meet the requirements of Section D104.3. The development does not have more than 30 dwelling units and the commercial buildings are already required to be sprinklered and will not exceed 124,000 sq ft.; therefore, the development is in compliance with the fire code. Both the Town of Oro Valley Department of Public Works and the Arizona Department of Transportation (ADOT) approve the single right-in/right-out access point from Oracle Road. This project meets the access requirements per Golder Ranch Fire, Town of Oro Valley Department of Public Works, and ADOT. TOWN OF ORO VALLEY 'COUNCIL COMMUNICATION Page 3 of 6 EXECUTIVE SUMMARY OF APPLICATION Nature of Application: All design layout site la out issues related to zoning requirements as well as specifications of all reviewing a encies were approved part of the development plan or preliminary plat process. The final plat is the gas mechanism for recordation of a subdivision (either residential or commercial uses), as well as recordation of all easement information, such as location and width as required of utility corridors. In the case of a final plat, the sole purpose of the final plat would be to allow the developer/owner to sell the individual lots. As a result, there will be multiple property owners within the development. Both a Home Owner's Association (HOA) and a Property Owners Association will be formed for each component of the site, comprised of each owner(s), who would then be responsible for maintaining the common areas "A" and "B". The final plat is submitted for review and action by the Town Council. Final plat approval is required before substantive improvements such as grading, sewers, water and paving can begin in a subdivision. Current Site Conditions: • The entire site is 272,067 square feet or 6.25 acres. • The site is zoned R-6 Multi-family Residential District. • In the 1980's, the site was dramatically disturbed. The Arizona Department of Transportation (ADOT) used it as a soil material source. The once hilly site was mined and scoured; only the eastern and southern edges remain with 25% or greater slopes. Proposed Improvements: The Project includes two components—office and residential. Each component is described separately as follows: Office Development component: The proposed office development would include the following features: • Two buildings of 4,800 square feet(SF) each on the 1.16 acre office portion. One office building fronts Oracle Road and the other faces the Project's residential development. • Setbacks: o Front: Sixty feet (60') required from Oracle Road ROW per ORSCOD; o Side: Twenty feet (20') along the northern property line; and o Rear: Twenty feet(20') along the western property line. • Bufferyards: o A thirty feet (30') landscape bufferyard along Oracle Road; o Ten feet(10') landscaped bufferyard along the northern boundary; and o Landscaped bufferyard on the western boundary ranging from twenty to forty feet (20'-40'). • Approximately 50,506 SF of open space. • Maximum building height limit of eighteen feet(18'), with the proposed buildings height of sixteen feet (16'). • Landscaped courtyards at the entrance of each office building. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 4 of • Public art visible from the entrance roadway. Location and type is subject to Public Art Review Committee (PARC) and Town Council review. Residential Development component: • Twenty-eight(28) lots with a minimum lot size of 3,031 SF on 5.09 acres. • Setbacks: o Front: Twenty feet (20'); o Rear: Ten feet (10'); and o Side: Five feet (5') if there is a dwelling unit of the adjacent lot(for a combined ten feet [10'] between buildings or zero feet(0') side setback if end lot. o All corner lots shall maintain a twenty foot(20') setback from all internal street frontages. • All R-6 zoned property shall provide a minimum of thirty-five percent (35%) of the net lot area as open space. The final plat exceeds this requirement by allocating a combined open space amount of approximately 113,325 square feet or 2.6 acres, which is approximately forty-one percent(41%). • Single roadway access with a loop road circulation pattern. BACKGROUND Approvals to Date: The 6.5 acre property was annexed into the Town in 1974 and was rezoned R-6, Multi-family Residential District. It was part of a larger Horizon Heights subdivision approved by Pima County in 1961 at a similar density. At the November 17th, 2005, Town Council meeting, the Council voted to approve the preliminary plat/ development plan for Villa Milagro. As part of the preliminary plat/development plan, all design issues, such as building layout, building heights, and the like, were resolved and also allowed the developer/owner to begin the platting process. This process will permit the developer/owner to sell the individual lots for residential and commercial use. Surrounding Land Uses: Orientation: Zoning: Land Use: North R-6 Multi-family Residential Medical Office building South R-6 Multi-family Residential Undeveloped Land East R-4 Townhome Residential Oro Valley Townhomes & Valle de Oro Townhomes West C-2 Commercial District & Commercial: San Jose Plaza R4-R Resort Resort: Undeveloped Land A. GENERAL PLAN COMPLIANCE General Plan conformance was analyzed and applied to the site design as part of the preliminary plat/development plan review processes. TOWN OF ORO VALLEY OUNC IL COMMUNICATION Page 5 of 6 B. OVZCR COMPLIANCE All site design issues were resolved as part of the preliminary plat/development plan process. The proposed finallat is simply overlaying internal property lines onto an approved design. The proposed final plat is in P P conformance with the OVZCR, as determined as part of the preliminary plat/development plan review processes. C. ENGINEERING REVIEW Staff has found that all engineering related Zoning Code items and other engineering comments have been corrected and/or addressed except as noted in the Exhibit "A" Conditions of Approval. This final plat conforms to the approved preliminary plat. In addition, engineering staff finds that all property lines as presented on this final plat are surveyable in accordance with local and State code. D. OVZCR DESIGN GUIDELINE COMPLIANCE The proposed final plat is in conformance with the OVZCR Design Guidelines, as determined as part of the preliminary plat/development plan review processes. `''UMMARY OF FACTORS Factors For: • The proposal is an infill development on a site where the natural terrain and vegetation has been severely disturbed. • The proposal would provide an efficient use of the land and proposes office uses next to abutting office uses and small lot single-family detached homes next to single-family attached townhomes. • The proposal meets the provisions and standards of the General Plan, OVZCR and Design Guidelines. • The proposal would minimize view blockage from the homes to the west by limiting adjacent lots to one-story homes and through the use of landscaping along the western bufferyard. • The site plan provides a cross-access roadway to the property to the south, if the Town approves a grading waiver and a Hillside Development Zone (HDZ) variance for development of that property within one year from final approval of this project's final plat. The Applicant feels that if the grading exception and HDZ variance are not granted by the Town within the year, it probably will never be granted and the secondary roadway could not be provided. In such a situation, the Applicant would convert the land which was to be devoted to the cross-access roadway(Lot 13 on the plat) to a buildable lot for a single-family detached home. • ADOT has approved the proposed single, "right in&right-out"only access roadway. • The property will be maintained by both a Home Owner's Association (HOA) and a Property Owner's Association (POA). • The plat entirely conforms to the design approved as part of the approved preliminary plat/development plan. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 6 of Factors Against: • Although ADOT has approved the single-access roadway from Oracle Road, there are still some concerns. Specifically, residents, workers and visitors to the site, particularly during the peak a.m. and p.m. periods, may find it difficult and frustrating to access Oracle Road from the site, due to the volume of traffic on Oracle Road. Due to the terrain of the property to the south, a cross-access roadway from this site through that property to signed El Conquistador Way is not assured. The Development Review Board was concerned with the safety of the single, "right in & right out" access roadway in relation to the high peak hour volume of vehicles traveling Oracle Road. SUGGESTED MOTION The Town Council may wish to consider one of the following suggested motions: I move to [approve, approve with conditions, OR deny] OV12-03-09, T.J. Bednar, represented by Leadstar Engineering, request for approval of a final plat. Attachments: 1. Revised Exhibit "A" Conditions; 2. Golder Ranch Fire comment letter dated November 6, 2007; 3. ADOT approval email dated August 10, 2007; and 4. Final Plat. )1,. .) ,L /0../ _ 1 (e.-Lrs' A Sc-e.,,, . More,7,nnd oning Director 31 ,Vi Craig Civr, Town Engineer - 7) ,t1c,Je =iv e Watson, Assistant Town Manager iyL ,ea4'1',7f-k7 ------ A. Da 4 Andrews, Town Ma g r CC: Wocky Redstar T.J. Bednar Fax: 571.1961 Fax: 293.8567 F:\OV\OV12\2003\0V12-03-09\Reports\final plat Revised EXHIBIT "A" OV12-03-09 Villa Milagro 1. All conditions listed below have been met. \ • • - • .• . -- • • ..-- -- • • . • : . ! - • t• requirements of thirty five percent (35%), not ten percent (10%). - -. •-- • •. ..-- •-.• -. . - •- -• •-- -. • , - - r- -- •: -- - - - $ ! : - • with corrections denoted. These comments include the following: a. Line L8, L9 and L10 do not correlate between the final plat and the closure calculations. Applicable cl&sure sheets have been attar : • - ..•.s for the western most bou-: . ::•- • -- :=- •= " • - $ - report. the redline set. d. Add plat "tick"marks to{delineate intended line lengths which span more than one segment. d the Preliminary Plat notes 6, 7, 8, 13, 14, 15, 17, 20, 21, 27, 29, and 33 to the General Notes section. F:\OV\OV12\2003\0V12-03-09\Reports\final plat ,OLDE• OLDERRANCHIRE ISTRICT440 Community momServices Division , International Fire Code Compliance Review TO: Town of Oro Valley Planning and Zoning Division FROM: Steven Schoon, Fire Marshal DATE: November 6, 2007 PROJECT: Villa Milagro Lots 1-28 TOV PERMIT #: OV12-03-09 REVIEW: Fire Code Compliance Review — Fire Apparatus Access The development and plat plans have been reviewed multiple times since 2003. There are 28 residential lots and two commercial lots served by a single point of access from Oracle Road. The roadway within the development is looped andP rovides adequate fire apparatus access. The access is in compliance with the Fire Code adopted by the Town of Oro Valley and Golder Ranch Fire District, 2006 International Fire Code. Please see the applicable fire code sections below: IFC D107.1 One-or two-family dwelling residential developments. Developments of one-or two-family dwellings where the number of dwelling units exceeds 30 shall be provided with separate and approved fire apparatus access roads and shall meet the requirements of Section D104.3. Exceptions: 1.Where there are more than 30 dwelling units on a single public or private fire apparatus access road and all dwelling units are equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3.3, access from two directions shall not be required. 2. The number of dwelling units on a single fire apparatus access road shall not be increased unless fire apparatus access roads will connect with future development, as determined by the fire code official. IFC D104.2 Commercial and industrial buildings exceeding 62,000 square feet in area. Buildings or facilities having a gross building area of more than 62,000 square feet(5760 m2)shall be provided with two separate and approved fire apparatus access roads. Exception: Projects having a gross building area of up to 124,000 square feet(11 520 m2)that have a single approved fire apparatus access road when all buildings are equipped throughout with approved automatic sprinkler systems. The development does not have more than 30 dwelling units and the commercial buildings are already required to be sprinklered and will not exceed 124,000sqft.; therefore,the development is in compliance with the fire code. Please email or call me with any questions related to understanding any of the above Fire Code comments. Steven Schoon, Fire Marshal Golder Ranch Fire District&Town of Oro Valley 520-825-5976 sschoon@golderranchfire.orq Golder Ranch Fire District - Community Services Division 3885 E. Golder Ranch Dr.; Tucson,Arizona 85739 520-818-1017 Fax 520-825-8043 www.golderranchfire.org sschoon@golderranchfire.org Proudly Serving Our Community with Strong Hands&Caring Hearts Since 1977. Serving as the Fire Marshal for the Town of Oro Valley since 1999. lifiJ,..'2no7 14, 1714 571-62'i-3-57e:2 BA. A 17-:!AFF E43. FACE i 17.:12 4 AO Page lof . . Maria Deal tiip From: Maria De a Post-ir Fax Note v 1 c INIgt 1111111111 41 •• • Sent: Friday, August 10, 2007 9:27 AM r-- %&4.-Ylkikt&it"4 It. To: `Scott. Pr,onq okaptla Lonna Jones; Frankin Smith Rix • • ,ax Subject: RE: Oracle Road TIA Scott, According to the January 2007 Final Rat foi. Vta Milacirc, the use tor the site has not changed since vie -evieweci the August 15, 2004 Traffic Statement for the development. The development consists of 28 single- family restPnces and 9400 scilt, of offc9 space. Tri-eretore, we wi rot require a new or an amended traffic statement for the site. Access to the s:tc will .De pro.,iile by one right-ini-ight-out driveway on Oracle R.Dad, Also, the current left-turn lane at the SR 77/El Conquistador VIsy intersection and at the SR 77/Greenock Dr. intersection will be lengthened as part of the upcoming ADOT roadway widening project, eased on the numoers pr-ovideci in the Trip(3enera-Lion calcu.aticrs for the developmenl, the traffic voiurn4s for Vita Mi'agro not har•ie a signif;cart impect on these two intersections, 7herefore, this e-mail constitutes pprova;of the August 15, 2004 Traffic Statement prepared by ENTRANCO for the V;Ila Miagro development on SR 77 (Oracle Road). Thank you. Marie Deal ADOT Southern Regionrr&tc Engineer;ng 1221 S. 2nd Ave Tucson, AZ 85713 (620)366-.4235 • - Fro Scott, - Sent; Morite..y;August 06, 2007 5:36 PM To: Maria Veal Subject: RE: Oracle Road TIA I fina)iyot a site plan from the developer. I've attached 1. Please review and let me know t lieriz is anything specific we need and whether or not the current TIA is approved. We will be Applying for a permit for utility construction soon. Thanks Scott Sack, P.E. Kirney-Horr and A.ssocat.es, Inc 2210 E. Fort Lowell Road Suite 200 Tucson, AZ 85719 520-615-9191 Fax. 520-615-9292 •rr. • From; Maria Deal [rnaIto:MDelIlazclot. Tues6ay, .3t.iy 24, 2007 8;47 AM To; Beck. Scott %or OS/10/2007 1/1B/20E17 14: 244 52n-62G-5702 34.3Arrrc EN6. .r Page 2 of 2 Subject: RE Otacle Road .1A Scott, I did review the August 2004 Traffic Staternert for Villa Milan prepared by Entranco. Hcwevei, i never received a site plan fcr the development. Doe . the development still consist of 9400 scift of office space and 2e sire family nornes? it would t e greallv !apprecia:ed If you cou;ci orovide us wits!, a .ste platri cf tre deveft)prnent. Thanks, Maria ••••••••••••••••••••••••••• Sent: Monday, July 21 2007 1:13 PM To: Maria [Jell; Subject: C)rzx.:le Road T1A Maria TJ Bechar is prexaring a development on the west sicie of Orac!ie just north of El (7.:onquistador Way. I have trec<ed down a Traffic Statement for vile Milagro prepared by Entranco dated AL gust 2004. Have you rev.ewed this? We wi,.!need youapprovia when we submit for an access/construction permit...thanks. Scott Beck, P.E. Kirnfey-Horn and Associates, Inc. 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V O, O, A N OD " ,p W ,0 OO l N N N O N O O O 2��= U1.� � �., r» ��m �W Oo[m,�N mN�uiN�o00000o JAin ro,y oo cn vino ul�} c_3 cJf.1 -�"S cJ\"i�o D O ii O n m �� _£.o', ,moi,< M'cl W ,g c 2 W41 3 ,1��r,W J U c,l r3 J d i�ni N�w W cn l J,o F] CT/)O zmAy DD (�((..'J opp ((m.'oo Aocn oo`no4g.,16-wo(O ool"u rn ac(9., ,a J_.� F+to K'i ��`./ ® d,� V 1y W�U,Nn W a�v A U Or O���N�'O i.P N,n A CU.1;N W;O�A O_Y�O A J W O O O� .. ,,--a ,...0 .mi v -.-._._._ t_- Y tv Z Z '..:3M244, _T-, pp pp N N N p N N Np N l N N i N N j N N A UI t0 T iD J=Z V -0 O \` , CN A 0 VAI N O N O O S a U N rn rn g U W CAI,+S,0,W0 O 4 S O 'D OV J U ^D '")(7.; W - ' - --- f Yl .1O cD Iv 1I TOWN OF ORO VALLEY 7OUNCIL COMMUNICATION MEETING DATE: December 5, 2007 TO: HONORABLE MAYOR AND COUNCIL FROM: Paul Keesler, Development Review Division Manager and David Ronquillo, Senior Planner SUBJECT: Public Hearing: OV12-02-11C, Larsen Baker LLC, represented by John Evans & Associates, request to appeal the Development Review Board's decision to deny the grading exception for Palisades of Oro Valley, located on the northeast corner of Oracle Road and Hardy Road. EXECUTIVE SUMMARY OF APPLICATION: Nature of Application: An exception from the provisions of the Grading Ordinance may be applied for and may be granted by the Development Review Board (DRB) per Section 22.10E of the Zoning Code. Applications for grading exceptions shall address each of the review criteria. A maximum cut and fill limitation is specified in Section 27.9E.1.A of the Zoning Code. If an applicant proposes to exceed this limitation, a grading exception must be requested. The grading exception must be approved prior to proceeding with the development plan process. er Section 22.1OE.1.F, "A decision of the Development Review Board may be appealed within 20 days of the decision to the Mayor and Council." Development Review Board Action At their regular meeting of November 13, 2007, the Development Review Board denied the applicant's request for a grading exception. The following motion was specified, "A motion was made by Member Gribb and seconded by Chairman Zinkin to deny 0V12-02-11C, Applicant's request for approval of a grading exception for Palisades at Oro Valley because it does not meet the guidelines of criteria three." Applicant's Request for Appeal On November 16, 2007 the applicant submitted a formal request to appeal the Development Review Board's decision to deny the grading exception request (see attached letter). Current Site Conditions: • The site is 8.5 acres in size. • The zoning is C-1, Commercial District. • A mix of native vegetation is found on the site. The property is currently vacant and undeveloped. Proposed Improvements: • A total of six buildings (38,000 square feet) consisting of general retail and restaurant uses. • Adequate vehicular parking and loading zones. • Two access points: one off Oracle Road and one off Hardy Road. TOWN OF ORO VALLEY COUNCIL COMMUNCATION, OV12-02-11C Page 2 of 9 • Pedestrian connectivity within the internal areas of the site. • A courtyard/plaza area. BACKGROUND: Approvals to date: • A master development plan and development plan for phase 1 was approved by Town Council on March 3, 2004. • An extension request was approved by Town Council on April 5, 2006, which would validate the master development plan and development plan for phase 1 until March 3, 2007. • The applicant submitted a"new" development plan(phase1 and 2) in November 2006. • A conditional use permit was approved by Town Council for the convenience use portion (drive through area) of building 1 on July 16, 2003. Surrounding Uses North: C-1, Commercial District, Vacant. South: C-1, Commercial District, Circle K Store and R-6, Multi Family Residential District, Sunnyslope Apartments (across Hardy Road). East: R1-36, Single Family Residential, Shadow Mountain Estates. West: R-6, Multi Family Residential, Existing Apartment Complex (across Oracle Road). ANALYSIS OF ZONING CODE SECTION 22.10E, GRADING EXCEPTIONS: Staff Analysis: This site is currently undeveloped and is characterized by moderately hilly terrain. The site has a maximum elevation of approximately 2688 at the extreme northeast corner of the site and a minimum elevation of approximately 2636 near the southeast corner of the parcel. The maximum on-site elevation change is approximately 52 feet. The site is moderately vegetated with several small unnamed drainage channels traversing the parcel generally flowing from east to west. The two largest of these channels traverse the southern third of the site. All channels drain to the Oracle Road channel located in the ADOT right of way on the east side of Oracle Road, which then drains under Oracle Road to the west through existing pipe culverts. The applicant is requesting a grading exception to allow a maximum depth-of-cut of fourteen feet (14') exceeding the maximum of eight feet (8') ordinarily allowed by the ordinance. The proposed cuts will occur primarily along the east side of the site and will comprise approximately one eighth of the overall site area. The maximum cut of 14' occurs in the northeast corner of the project east of Building 5. The exposed constructed slope in this area will be mitigated by a combination of terraced retaining walls and landscaped 3:1 slopes as shown on the "Sections and Details" Grading Exception Exhibit. The overall proposed cut exception request comprises less than 15% of the total site. Most of the exposer' constructed slopes east boundary will be landscaped (3:1 or flatter) and shielded from Oracle Road by the proposed buildings. TOWN OF ORO VALLEY COUNCIL COMMUNCATION, OV12-02-11C Page 3 of 9 ZEVIEW CRITERIA The following are the standard criteria used to evaluate grading exceptions: Per 22.10.E.1.b, "The Development Review Board (DRB) will review all applications for grading exceptions at scheduled public hearings. When reviewing requests for grading exceptions, the DRB shall consider each of the findings and address them in their deliberations. To grant an exception DRB shall find that the request addresses the concerns of each finding and is in substantial compliance with the findings as a whole." I. The exception meets the intent and purpose of this code II. Granting the exception constitutes the minimum to allow the proposed improvement; and III. The conditions on the property are unique such that strict adherence to this ordinance would cause an unnecessary hardship which substantially limits the preservation and enjoyment of property and IV. The exception imposes conditions so as not to constitute a granting of special privilege, and V. That the exception will not be materially detrimental to persons residing in the vicinity, to adjacent property, to the neighborhood or the public welfare in general. The applicant has addressed each of the aforementioned standards and Oro Valley Staff has provided comments. A copy of the Applicant's Findings Report, letter dated July 12, 2007 is attached. Review Criteria I. The exception meets the intent and purpose of this code. .pplicants' statement: This project, including the exception to the Grading Ordinance, as requested herein, will be in compliance with the purposes of the Grading Ordinance regulating the development of potentially hazardous terrain and preserving, where possible, the natural contours, the native vegetation, and the visual character of the site in harmony with the surrounding terrain and existing development, while maintaining property rights and values of adjacent parcels. The intent of the proposed grading is to avoid scarring and to minimize visual impacts to the adjacent neighbors by blending the proposed cut and fill slopes with the natural colors and providing adequate slope stabilization methods to reduce the erosion effects of storm water runoff. The grading limits of this development will be restricted to the minimum amount necessary to construct the project and provide adequate dust control measures during grading and development of the site. Staff Comment: The individual criteria under the intent of the grading ordinance are stated in Section 27.9.B. items 1 through 5 and criteria under purpose of the grading ordinance are stated in Section 27.9.A. items 1 through 4. The following are staff generated review comments with respect to the above applicant statement and plan. The intent of this grading ordinance is to assure that the design of all grading projects shall: 1. Sec 27.9.B.1 —Avoid scarring and other adverse visual impacts resulting from cut, fill and any other type of ground disturbance. Staff: Given the volume of material and the overall height reduction proposed on site, the most noticeable residual structure would be terraced retaining walls at the rear of the site. Terraced retaining walls provide ideal landscaping platforms making it possible to provide an esthetically pleasing back drop. The potential scarring and any other adverse visual impacts resulting from the TOWN OF ORO VALLEY COUNCIL COMMUNCATION, OV12-02-11C Page 4 of 9 proposed cut and fill can be adequately minimized through conventional landscape and hardscape techniques. 2. Sec 27.9.B.2 —Blend with the natural contours of the land. Staff: The applicant proposes to remove a significant amount of material from the rear of the site and will therefore impact the natural contours of the land. Although these natural contours will be impacted, the proposed overall grading will strike a critical balance between the existing natural contours and user friendly slopes within the Public Area Access Lanes (PAAL), hardscaped areas and building pads including Americans with Disabilities Act Accessibility Guidelines (ADAAG) required slopes. The final grading of the site mimics the original slope strike (parallel direction of the topography). 3. Sec 27.9.B.3 — Restrict the areas of disturbance and volume of material displaced to the minimum amount necessary to implement the planned development. Staff: The applicant proposes to remove a significant volume of material from the rear of the site while achieving quality proposed graded conditions. The volume of material removed appears to be minimum amount required to implement the grading design and resultant slopes on this site. In this respect, the proposed development meets Sec 27.9.B.3. 4. Sec 27.9.B.4 — Limit mass grading to residential subdivisions with an average lot size of 15,000 square feet or less. Staff: Sec 27.9.B.4 does not apply to this request. 5. Sec 27.9.B.5 —Employ measures that: a. Ensure that graded hillside, slopes or other areas subject to erosion are stabilized. b. Reduce the erosion effects of storm water discharge, preserve the flood-carrying capacity of natural or constructed waterways by limiting soil loss, and protect drainageways from siltation. c. Minimize dust pollution and surface water drainage from graded areas during grading and development. d. Ensure that proposed development activity is designed and implemented to avoid adverse impacts and appropriate restorative measures. e. Encourage phased projects, to preserve natural contours and vegetative communities until such time as grading must necessarily occur on a site. Staff: The above measures can be adhered to and are not beyond the capability of the applicant during project construction. Compliance with Sec27.9.B.4 can be achieved. The purpose of this grading ordinance is to assure that the design of all grading projects shall: 1. Sec 27.9.A.1 —Regulate the development of potentially hazardous terrain. Staff: The existing conditions at this site are such that the site is not considered to be hazardous terrain in terms of a developable site. This development can be designed so as to provide a safe completed site with the requested grading exception by following proper engineering design standards. Sec 27.9A.1 does not restrict the proposed grading exception in terms of the safe development of this site. 2. Sec 27.9.A.2 — Preserve where possible, or recreate the natural contours, the native vegetatior and the visual character of the site in harmony with the surrounding terrain. Staff: The proposed grading would eliminate some existing natural contours and native vegetation at this site. Recreating natural contours would not be possible or practical for this type of TOWN OF ORO VALLEY COUNCIL COMMUNCATIOiv, OV12-02-11C Page 5 of 9 development. Although natural contours will be significantly impacted in the area where a grading exception is requested, the proposed overall grading will provide additional opportunities for creating additional vegetative areas along the east side of the development. 3. Sec 27.9.A.3 —Enhance the quality and values of new development. Staff: The primary enhancement that this development will provide over that which does not require a grading exception is that the internal slopes of PAALs, parking spaces and pedestrian walkways will be rendered more user friendly and accessible, particularly for individuals with mobility impairments. 4. Sec 27.9.A.4 — Maintain property rights and property values of adjacent developed and undeveloped parcels. Staff: Staff does not believe property rights are infringed upon if a grading exception were granted for this project. Since this proposal will produce better view corridors as opposed to development that matches existing grade, and lower loading areas, it is reasonable that the grading exception will add value to the adjacent property owners over what is currently entitled. Review Criteria II. Granting the exception constitutes the minimum to allow the proposed improvement. Applicants' statement: The use of retaining walls in combination with 3:1 slopes, along the north and east boundary lines and the ,,WOW racle Road frontage of the proposed development, are necessary to accommodate the parking area design limitations and ADA slope regulations. As shown on the Grading Exception Exhibit, under the existing natural conditions, the site slopes southwesterly at an average slope of approximately 7% and there is a difference in the elevation of over 50 feet between the northeast corner(2688) and the southwest corner (2636) of the site. A series of 4 foot retaining walls create the necessary terraces for the building pads and the Oracle frontage parking and drives (with one 4-8 foot section). The use of a series of 4-5 foot retaining walls with a 6 foot screen wall and 3:1 slope along the eastern edge of the project, west of the 20 foot wide landscape border, will provide adequate area to buffer the project from the adjacent residential neighborhood. Staff Comment: After a review of the proposed development plan and the requested grading exception, staff agrees that the applicant has reached a critical balance between the existing natural contours and acceptable slopes within the PAALs, hardscaped areas, and building pads including ADAAG required slopes. Although it may be possible to reduce the volume of material removed, a grading exception will still constitute the minimum to achieve the quality grading that is proposed in this submittal. Review Criteria III. The conditions on the property are unique such that strict adherence to this ordinance would cause an unnecessary hardship which substantially limits the preservation and enjoyment of property rights. ,pplicants' statement: In designing this project, every effort has been made to work within the context of the Grading Ordinance. However, due to the extreme difference in grade through the property, (from east to west of approximately fifty TOWN OF ORO VALLEY COUNCIL COMMUNCATION, OV12-02-11C Page 6 of:1 feet (50) vertically), the pad elevations for the proposed buildings were terraced to the maximum allowed an be in compliance with ADA regulations and sound engineering practice. In addition, the maximum cross slope of 5% is maintained within the parking areas and a maximum of 10.62% longitudinal slope in the Oracle Road access drive. Staff Comment: This site is not unique such that adherence to this ordinance would infringe on property rights or cause unnecessary hardship. While the site is steeply sloped and does present numerous design challenges, it has been demonstrated in the previous submittal that adherence to the maximum limits of the Code can be achieved. Review Criteria IV. The exception imposes conditions so as not to constitute a granting of special privilege. Applicants' statement: This exception request is in harmony with the intent and purpose of the Grading Ordinance which is to achieve the acceptable design of site improvements within the constraints of this site's severe terrain. Without this exception adequate slopes cannot be provided without creating a potentially hazardous condition. Retaining walls and 3:1 slopes are being utilized to create a terraced grading scheme, stair-stepping the development up in levels to better parallel and approximate the existing topography, as shown on the attached Exhibits. This exception is required due to the unique existing conditions of the site and does not constitute a speck. privilege to the applicant. Staff Comment: Acceptance of this grading exception will not be considered granting of special privilege provided the applicant incorporates the following additional features into the design of the site: 1. The channel along the east end of the site shall be designed as a series of water harvesting basins each basin allowing the drainage overflow to be collected and mitigated onsite to the west. 2. Provide a dense vegetative buffer separating the adjacent properties to the east. 3. Provide a sidewalk along the south side of the site. This will benefit the general public by connecting access from the public right-of-way to the onsite amenities. 4. Mitigate any onsite occurrences of Buffelgrass by Town accepted mitigation measures. Review Criteria V. The exception will not be materially detrimental to persons residing in the vicinity, to adjacent property, to the neighborhood or the public welfare in general. Applicants' statement: Granting this exception will allow the construction of the proposed Palisades of Oro Valley in such a manne as to minimize the impacts to the adjacent private properties, minimizing the area of disturbance to the lance and visual impacts to adjacent neighbors by providing landscape screening, minimal retaining walls and limited visibility of these slope treatments due to the height and placement of the proposed buildings. TOWN OF ORO VALLEY COUNCIL COMMUNCATION, OV12-02-11C Page 7 of 9 staff Comment: The proposed grading will provide better views for the residents on adjacent property and in the vicinity. The visual impacts will be reasonably mitigated with proposed landscaping and hardscaping. Also the slope relief of this development will better accommodate those with mobility issues, making the site safer overall. PUBLIC NOTIFICATION AND COMMENT: This project has been noticed in accordance with the Town notification procedures. During the original development plan process in 2004, the applicant had met with the neighbors on several occasions. The residents raised many issues regarding the plan; however, in the end, agreements were made between the neighbors and the applicant. On the most recent submittal, the development plan is generally the same. In the last month, the applicant advised staff that they had met with some neighbors to discuss the project elements. Recently, several neighbors met with staff to provide them with additional information and clarify some items. At this meeting, they raised issues regarding the height of buildings, treatment of eastside buffer yard, location of dumpsters and configuration of buildings/parking areas. Several neighbors attended the Development Review Board meeting on November 13, 2007 and expressed their concerns. SUMMARY OF FACTORS: -ros 1. The applicant has reached a critical and favorable balance between the existing natural contours and acceptable slopes within the PAALs, hardscaped areas and building pads. This balance ensures that proper ADAAG required slopes can be achieved and it provides for a safe on-site vehicular and pedestrian environment. 2. This exception also enhances the current views experienced by the existing adjacent neighborhood. Cons 1. This site would not require a grading exception if an alternative design was proposed that revised the position of the eastern buildings 2, 3, 4 and 5, and/or consolidated the development into one larger structure. This revision would change the make-up of the entire development. 2. The Development Review Board denied the grading exception. SUGGESTED MOTIONS: The Town Council may wish to consider one of the following motions: I move to [approve, approve with conditions, OR deny], OV12-02-11 C, Applicant's request for approval of a grading exception for Palisades at Oro Valley. TOWN OF ORO VALLEY COUNCIL COMMUNCATION, OV12-02-11C Page 8 of 9 Attachments: 1. Conditions of Approval 2. Applicant's Appeal Letter 3. Grading Exception Site Map Sar- -More, Pla •ing and Z%f ing Director k f Craig Civ er, Town Engineer Jerene Watson, Assistant Town Manager vid Andrews, Tow Manager cc: John Evans, Fax: 749-1521 Larry McGlone, Fax: 760-1206 George Larsen, 296-1571 Martin Krawitz, 844-8384 • TOWN OF ORO VALLEY COUNCIL COMMUNCATION, OV12-02-11C Page 9 of 9 Exhibit A Conditions of Approval 1. Development building height shall be measured from lowest finished grade adjacent to each structure. 2. Modify the basic rip-rap channel along the east end of the site by designing a minimum of 5 (20' long minimum) water harvesting/landscaped basins and allowing the drainage overflow to be collected and mitigated by short reaches of cascading riprap channel. 3. Provide a dense vegetative buffer from the adjacent properties to the east and move the east side screen wall to the 30' west edge of the landscape buffer yard. 4. Mitigate any onsite occurrences of Buffelgrass by Town accepted mitigation measures. 5. Assess the possibility of providing a sidewalk on the south side of the project site as part of off-site improvements. 6. All cuts exceeding six feet shall be terraced with a minimum of four feet of landscaped area between the successive retaining walls. is, .' ... t...,...,... •vrnc ate, ..,,.any..i ' • LARSEN ,„ RI! NOV 1 6 November 15 2007 BAKER `a ' Development ■ Brokerage -- w Management VIA FAX (520) 742-1022 .. .�..�. ...r�.m..�.___,.uNw ..ro.. . Town of Oro Valley Planning &Zoning Department 11000 N. La Canada Drive Oro Valley,AZ 85737 Attn: Sarah More, Planning and Zoning Director Re: OV 12-02-11C Appeal of Grading Exception for Palisades of Oro Valley NE Corner of Oracle Road and Hardy Road Dear Sarah, Further to our telephone conversation of November 14, 2007, Larsen Baker, LLC as owner and developer of the subject property, wishes to appeal the Design Review *Nry Board's grading exception decision of November 13, 2007 and appear before Mayor and Council on December 5, 2007. The Revised Palisades of Oro Valley Grading Plan, while requiring a grading plan exception, was developed by the owner to benefit the Town and the adjacent neighborhood. The revised plan was reviewed by the Town Engineer, who supported the revised grading plan to the Design Review Board. The revised plan has several important advantages over the prior approved grading plan: • It sites the improvements lower on the property, improving the viewshed for the neighborhood to the east, and it reduces the visual impact to the mountain vistas along Oracle Road. • It improves accessibility for the shopping center's customers by reducing the side slopes in the parking areas. This is particularly important for elderly or disabled customers. • It reduces the need for "switchback" style disability ramps and their attendant railings, which are not particularly attractive in a shopping center. We believe the revised site plan submitted to DRB on 11/14/07 is a superior plan for the Town of Oro Valley compared to the existing approved grading plan the owner inherited from the prior developer. We believe the Town's planning and development staff 6298 East Grant Road ■ Suite 100 • Tucson, Arizona 85712 • (520) 296-0200 • Fax (520) 296-1571 concurs. We would like the opportunity to present the revised grading plan to the Mayor and Council. Thank you for your consideration. I look forward to hearing from you and hope that the Town of Oro Valley will grant us an appeal for the December 5, 2007 council meeting. Sincerely, LARSEN BAKER, LLC George C. Larsen, CCIM TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: December 5, 2007 TO: HONORABLE MAYOR AND COUNCIL FROM: David Ronquillo, Senior Planner SUBJECT: Addendum: Public Hearing, OV12-02-11C, Larsen Baker LLC, represented by John Evans & Associates, request to appeal the Development Review Board's decision to deny the grading exception for Palisades of Oro Valley, located on the northeast corner of Oracle Road and Hardy Road. NEW INFORMATION: The applicant submitted a request to continue this project until the December 19, Town Council meeting. The additional time is needed to provide alternatives to reduce grading impacts and address neighbor concerns. SUGGESTED MOTIONS: The Town Council may wish to consider the following motion: I move to continue, OV12-02-11 C,Applicant's request for approval of a grading exception for Palisades of Oro Valley to December 19, 2007. Attachments: Applicants Request -"ar. More, Pla itig and oning Director Craig Civa er, Town Engineer Jer- a e Watson, Assistant Town Manager David Andrews, Town Manager cc: Martin Krawitz, 844-8384 Page 1 of 1 Ronquillo, David From: Martin Krawitz[ Sent: Wednesday, December 05, 2007 10:49 AM To: Ronquillo, David Cc: 'George Larsen' Subject: Request for Continuance -The Palisades of Oro Valley-OV 12-02-11C David, Further to our telephone conversation this morning, I am confirming that I will appear before Mayor and Council on December 5, 2007 to request a continuance on the The Palisades of Oro Valley grading exception appeal with the understanding that it will be heard on December 19, 2007. I am requesting the continuance in order to investigate other alternatives that may result in a reduced grading impact at the northeast corner of the site. The additional time will also facilitate another meeting with neighbors scheduled for December 11, 2007. If you have any questions concerning my request, please contact me at 981-2929 to discuss. Thank you. Martin Martin Krawitz Palisades Development Coordinator for Larsen Baker, LLC ( 12/05/2007