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AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION DECEMBER 6, 2006 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 6:00 PM CALL TO ORDER ROLL CALL EXECUTIVE SESSION AT OR AFTER 6:00 PM Pursuant to ARS §§38-431.03.A(4) concerning contract negotiations, and A(7) concerning negotiations for the purchase or lease of real property, Council may vote to go into Executive Session for the discussion and consideration of and directions to legal counsel and Town administration concerning negotiations for possible lease or other acquisition of space for Town personnel /facilities, particularly as may be necessary pending the availability of office and other facility space at the future Town operations site off Rancho Vistoso Boulevard RESUME REGULAR MEETING AT OR AFTER 7:00 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE UPCOMING MEETING ANNOUNCEMENTS — TOWN MANAGER COUNCIL REPORTS DEPARTMENT REPORTS TOWN MANAGER'S REPORT The Mayor and Council may consider 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 address the Mayor and Town Council on any issue not listed on today's agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask Town Staff to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Mayor and Council may not 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. 12/06/06 Agenda, Council Regular Session 2 PRESENTATIONS Presentation of Plaque of Appreciation to Bob Horn for his service on the Municipal Property Corporation 1. CONSENT AGENDA (Consideration and/or possible action) A. Minutes — 10/25/06; 11/08/06 B. Building Codes Activity Report - October 2006 C. Coyote Run Monthly Report - October 2006 D. Police Report — October 2006 E. TREO Quarterly Report: July 1, 2006 - September 30, 2006 F. Cancellation of the following 2007 Council meetings — January 3, 2007 (due to the January 1st New Year's Holiday) July 04, 2007 (due to 4th of July Holiday) and November 21, 2007 (due to Thanksgiving Holiday) G. Resolution No. (R)06-97 Adopting an Intergovernmental Agreement with Pima Community College to provide a Training Needs Assessment Survey Report Re ort H. Resolution No. (R)06-98 Authorizing and Approving a Contract with Westland Resources Inc. in the amount of $248,000.00 for Professional Engineering to Design the North La Canada "E" Zone 2.2 MG Reservoir. I. Resolution No. (R)06-99 Authorizing and Approving a contract with EEC, Inc. for professional engineering services in the amount of $249,428.00 for designing the Highland Subdivision Water Main Replacement J. Resolution No. (R)06-100 Authorizing and Approving an agreement with Amphitheater School District No. 10 for the delivery of reclaimed water by the Oro Valley Water Utility to the Painted Sky Elementary School play grounds for purposes of irrigation K. Resolution No. (R)06-101 Declaring that document known as Article 8-1 of the Oro Valley Town Code, entitled " Peddler's Code 2006" to be a public record L. OV12-86-09F Approval of a Final Plat for a resubdivision of Pusch Ridge consisting of 20 single family lots, located within the La Reserve Planned Area Development, Parcels 220-11-0400, 220-11-041A, 220- 11-0430, 220-11-0440, 220-11-0450, 220-11-0460, 220-11-048A, 220- 11-0490, 220-11-050A, 220-11-0520, 220-11-0530, 220-11-055A, 220- 11-0560, 220-11-0570, 220-11-058A, 220-11-0600, 220-11-0610 & 220-11-063A 2. PUBLIC HEARING — CONCERNING THE NOTICE OF INTENT TO INCREASE THE ORO VALLEY TOWN-WIDE ROADWAY DEVELOPMENT IMPACT FEE 12/06/06 Agenda, Council Regular Session 3 3. PUBLIC HEARING - ORDINANCE (0)06-22 AMENDING POLICY #21, TRAINING EMPLOYEES AND REIMBURSEMENT FOR EDUCATIONAL EXPENSES, OF THE TOWN OF ORO VALLEY PERSONNEL POLICIES AND PROCEDURES CODE; REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH 4. OV12-05-36 REQUEST FOR APPROVAL OF A DEVELOPMENT PLAN FOR THE COPPERSTONE OFFICE BUILDING, LOCATED IN PROXIMITY TO THE NORTHWEST CORNER OF ORACLE ROAD AND HARDY ROAD, PARCELS 225-11-1970, 225-11-1980 & 225-11-1990 Explanation: Physical Resource Engineering, Inc., representing Copperstone Development LLC is requesting approval of the development plan. 5. ORDINANCE NO. (0)06-23 AMENDING THE TAX CODE OF THE TOWN OF ORO VALLEY, ARTICLE IV, CHAPTER 8A, SECTION 480 RELATING TO THE UTILITY SERVICES TAX RATE AND 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 Explanation: This ordinance was denied on September 20, 2006. At the request of Vice Mayor Parish, this has been placed on the Agenda for consideration and possible action. The first public hearing was held on September 6, 2006 and the second public hearing was held on September 20, 2006. The Town is considering an increase from 0% to 4% on all utilities including electric, natural gas and water. Two proposed ordinances have been submitted for Council consideration. 1) The first proposed Ordinance includes a sunset clause and amends the FY 2006/07 adopted budget to include the 18.5 new staff positions previously included in the motion to adopt the Final FY 2006/07 Budget. 2) The second proposed Ordinance does not include a sunset clause and amends the FY 2006/07 adopted budget to include the 18.5 new staff positions previously included in the motion to adopt the final FY 2006/07 budget. 6. 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) 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 agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask Town Staff to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters raised during 12/06/06 Agenda, Council Regular Session 4 "Call to Audience." In order to speak during "Call to Audience" please specify tor what you wish to discuss when completing the blue speaker card. ADJOURNMENT POSTED: 11/22/06 3:30 p.m. lh When possible, a packet of agenda materials as listed above is available for public inspection at least 24 hours prior to the Council meeting in the office of the Town Clerk between the hours of 8:00 a.m. — 5:00p.m. The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify 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. Please state your name and address for the record. 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. PRESENTATION TOWN OF ORO VALLEY r'OUNCIL COMMUNICATION MEETING DATE: December 6, 2006 TO: HONORABLE MAYOR & COUNCIL FROM: Kathryn Cuvelier, CMC Town Clerk SUBJECT: PRESENTATION OF PLAQUE OF APPRECIATION TO BOB HORN, MUNICIPAL PROPERTY CORPORATION SUMMARY: Mayor Loomis will show the Town's appreciation by presenting a Plaque of Appreciation to Bob Horn, Board of Director for the Municipal Property Corporation from June 2000 - October 2006 6f..e.,„4.4_,o4: Depa ment Head DA, 4),,,..._ Town Manager DRAFT MINUTES ORO VALLEY TOWN COUNCIL STUDY SESSION OCTOBER 25, 2006 ORO VALLEY TOWN COUNCIL CHAMBERS 11000 NORTH LA CANADA DRIVE STUDY SESSION - AT OR AFTER 5:30 PM CALL TO ORDER ROLL CALL PRESENT: Paul Loomis, Mayor Terry Parish, Vice Mayor Paula Abbott, Council Member (Arrived at 5:36 p.m.) K.C. Carter, Council Member Helen Dankwerth, Council Member Barry Gillaspie, Council Member Al Kunisch, Council Member 1. PRESENTATION AND DISCUSSION OF TUCSON ELECTRIC POWER COMPANY'S ELECTRIC SYSTEM INFRASTRUCTURE INCLUDING THE EXISTING SYSTEM, SYSTEM EXPANSION, AND REPAIR AND MAINTENANCE OF THE SYSTEM AS RELATED TO THE ORO VALLEY TOWN CODE Planning and Zoning Administrator Sarah More reported that Town staff have met with Tucson Electric Power (TEP) to discuss issues related to electric infrastructure needs within the Town. • Initial discussions focused on an existing situation of overloaded circuits at Tangerine and La Cholla and Tangerine and La Canada Drive. • TEP plans to run a new line to connect these two circuits to provide backup. • TEP's original plan to use the existing poles for the new lines will not work. • The Zoning Code requires that new utility lines are located underground. A Conditional Use Permit (CUP) for new utility poles and above ground wires is required. (Previous CUP requests for above ground lines have not been approved by the Town Council). (There are currently no applications from TEP for a CUP). • TEP estimates the cost of undergrounding the new line (about one mile in length) to be approximately $433,500. • Additionally, there is need to upgrade the wires along four other existing routes within the Town. TEP has held off on making these upgrades pending current discussions and future considerations. • TEP is concerned with the ability to provide service to new developments that will be occurring over the next few years due to costs associated with complying with the Town's ordinance (which restricts the upgrading of overhead electrical power facilities and requires undergrounding of utilities). o Town would not want to be in the position of approving a plat where we knew there would not be adequate infrastructure. 10/25/06 Town Council Study Session 2 • Planning for the future - Discussion of expanding town limits, existing infrastructure will need to be upgraded. • Consider establishing a franchise agreement with TEP to help deal with extra costs of undergrounding utilities. • TEP isp lanning a new substation outside the Town limits to help meet the needs of existing residents as well as future growth to the north. In response to a question from Vice Mayor Parish, Ms. More explained that the Town requires that new developments place the utilities underground. However, in this situation, a developer is no longer involved and there is a need to upgrade the existing lines. Steve Lynn, TEP Vice President, reviewed the following: • Oro Valley Service area. • Two areas in which their loads were currently stressed. • Future estimated load conditions. • Affect of overloaded circuits: o Affect system reliability for current customers. o Limit TEPs ability to add new customers. o Shorter lifespan of equipment leading to premature failure and increasing overall customer costs. • Town's overhead line Ordinance: o Restricts necessary system improvements. o Rates are predicated on overhead service not on additional costs associated with undergrounding. o Customers not located in Oro Valley would be subsidizing Oro Valley's requirement for undergrounding. o Cost to maintain underground utilities is higher. • Immediate needs: o Upgrade Tangerine/La Cholla and Tangerine and La Canada line. ■ CUP would need to be requested to install a new 13.8 KV link to relieve overloaded conditions and upgrade conductors on existing poles. o Adding a new Catalina subdivision to help serve new anticipated growth. o Upgrade existing underground facilities along Rancho Vistoso Blvd. (Developer paid for this undergrounding). • TEP and Town of Oro Valley working together to get infrastructure in place in order to: o Maintain system reliability for current residents. o Allow for economic development. o Provide for anticipated growth. • TEP willing to make all overhead improvements or provide the cost of overhead improvements that would be made on any development project. • TEP asks to partner with the Town or other entities to get the incremental cost of the undergrounding paid for. • Funding source mechanisms - Could establish a franchise agreement or bonding. 10/25/06 Town Council Study Session 3 • Partner with local governments for public improvement projects. ■ Work with Town to get an understanding on how to make the Town's ordinance effective. In response to a question from Mayor Loomis regarding partnering with TEP for the undergrounding on Lambert Lane and La Canada Drive, Art Fregoso, TEP Account Specialist, explained that TEP estimated the costs of overhead lines and invested that cost into the project with the Town paying the difference to actually underground the utility lines. Further discussion followed regarding: • Why is this Oro Valley's problem? How is TEP any different than a for profit business who pays more to locate in the Town due to Town's standards? • Businesses have the choice as to where they want to locate and they can charge higher prices to recover costs. TEP does not have that option. TEP is regulated by their share holders and the Corporation Commission. It would not be fair to their other customers to subsidize what is required in Oro Valley due to the Town's undergrounding ordinance. • Corporation Commission sets rates across the entire service territory and does not single out local jurisdictions. The Commission does not take into account specific local regulations. • TEP planned for a significant amount of growth. However, Oro Valley has 4116. grown more than anticipated and there is much new growth coming forth in the entire region. • Do not want to discourage planned, proper growth in the Town. But if TEP is not able to serve, they would not be able to allow that growth to occur from an electrical service standpoint. • Other towns are not currently requiring undergrounding of utility lines. If a new subdivision is undergrounding their utilities, the developer is paying that cost. • Proposed rate increase by TEP does not address undergrounding or other extra costs. • Oro Valley Town Council has not waived requirements for installations. • When new installations have gone in, the undergrounding is paid for by the developers. • Road widening and relocations of existing lines - the Town partnered with TEP and used fees from the General Fund or Highway Funds. • TEP understands and supports the Town's right to have the undergrounding ordinance and to have the Town look the way it wants; but it is very difficult to get those costs into a rate structure. • Town staff to explore possibility of franchise tax: o Voters must approve franchise tax. o City of Tucson has a 2% utility tax and a 2.25% franchise fee. o Focus on undergrounding old lines. o New installations would be paid for by the developer and would be fir` placed underground. 10/25/06 Town Council Study Session 4 • Look at options for upgrading La Canada and La Cholla lines. Two sets of poles is not a good option. • To repair/refurbish/maintain areas — will be reviewed on a case-by-case basis. If a request for a CUP comes forward, want cost differential between undergrounding and overhead lines to be provided. • Ask TEP to provide their schedule of when they anticipate certain zones to be suddenly stressed. o TEP has been meeting with the Town for several months. o Regarding two areas currently stressed: TEP needs to get the solution in place (designed, planned and implemented) before next summer or there will be significant outages in Oro Valley. • Request for the following information — How many miles of overhead line currently exist in Oro Valley? Does the City of Scottsdale or any other municipalities have an undergrounding ordinance similar to Oro Valley's and if so, where do they get their money to support the costs of undergrounding? Mayor Loomis recessed the meeting at 6:45 p.m. The meeting resumed at 6:50 p.m. 2. PRESENTATION AND DISCUSSION OF ORO VALLEY'S DRAFT ECONOMIC DEVELOPMENT PLAN Economic Development Administrator David Welsh explained that the draft Economic Development Plan is consistent with current strategic planning and the Town Manager's plan. Mr. Welsh presented the following: • New definition of"Economic Development" — Economic Development is the process by which the Town of Oro Valley acts to stimulate and maintain business and employment activity to promote and contribute to the long-term financial stability of the Town. • Economic Development Plan Elements o Business Retention and Expansion • Goal: To retain and expand the existing businesses in Oro Valley. • Establish and maintain contact with existing businesses to foster better responsiveness to their needs and concerns. • Oversee relationships with regional partners providing retention resources. • Development and launch of Oro Valley's business "navigator" (web-based locating system). • Conduct survey of Convention/Tourism/Retail sector in Oro Valley. • Host Governor's Rural Economic Development Conference in August 2007. • Presentation of Matrix Report findings to business groups. • Launch "Buy Oro Valley" campaign in Fall of 2007. • For the future: • Assemble statistics and needs of existing business community. 10/25/06 Town Council Study Session 5 • Explore creation of Economic Development Advisory Committee of the Council. • Renegotiate/revisit agreement with Metropolitan Tucson Convention and Visitors Bureau (MTCVB). • Determine infrastructure needs to support future development. o Business Recruitment • Goal: To identify and recruit targeted businesses to Oro Valley. • Focus on expanding the employment base diversity. • Work with Tucson Regional Economic Opportunities (TREO) and Arizona Department of Commerce (ADOC) on generated leads. • Work with TREO and ADOC to support internally developed leads. • Act as a resource for retail/commercial developers. • Monitor annexation efforts and discussions. • Cooperation and coordination with ADOC. • Maintain high level of visibility and accessibility. • Current Recruitment Elements: • Contribute to the completion of TREO's "Regional Blueprint" project. • Update Economic Development Marketing Brochure. • Respond to direct inquiries. • Coordinate with TREO to host site selector meeting in February 2007 (tied to Accenture Match Play golf event). • Distribute updated Buxton Retail Report. • Participate in regional and national conferences. • Support Naranja Town Site as crucial to business recruitment. ■ Future Recruitment Elements: • Update incentive policy guidelines. • Develop strategy for working with Bio-Technology trade groups. • Participate in planning for possible annexations. • Continue development of vacant land database project ("Map Optix"). • Develop employment targets. o Project Management • Goal: To provide assistance to businesses involved with commercial development in the Town. • Act as liaison to Town staff for commercial projects, existing businesses and Town. • Coordination of large project teams. • Develop and maintain positive working relationships with Town departments and divisions involved with 10/25/06 Town Council Study Session 6 commercial development through regular interaction and open communication. • Develop positive working relationship with area developers, architects and contractors. • Monitor activities related to annexations, economic vitality planning and related impact analyses. • Project Team Coordination: • Oro Valley Marketplace • Ventana Medical Systems Expansion • Steam Pump Ranch Development • Venture West • Participation on Development Review Committee. • Coordination of Internal Review Committee. • Monitor Current Economic Development Agreements (EDA). • Other: • Monitoring electric power and water needs. • Annexation planning and monitoring. o Economic Development Public Relations • Goal: To act as a liaison between the Town and business public. • Presentations to service groups and other local organizations. • Provide updates to the Town Council. • Interact with regional, statewide, national and international Economic Development organizations. • Timely responses to inquiries from all constituents. • Participation in TREO "Blueprint" Project. • Promote regional cooperation. • Participation in Northern Pima County Chamber of Commerce. • Participation in Arizona Association for Economic Development (AAED). • Participation with other groups such as University of Arizona Science and Technology Park and Pima County Workforce Investment Board. • Working with Parks and Recreation on Naranja Town Site. o Recommendations: • Adopt Community Economic Development Strategy (CEDS) as presented in November 2005 with minor adjustments to the targeted industry list. • Adopt Economic Incentive Policy Guidelines as presented in January 2006. Further discussion followed regarding: o CEDS o Bring back to a future Study Session for further evaluation and updating. 10/25/06 Town Council Study Session 7 o New version is missing important major points (that were in old version). • Incorporate more of the original CEDS document. • Add an Operating Plan. • CEDS is a "living document". • Current CEDS reflects Oro Valley when there were less than 20,000 residents. o Buy Oro Valley campaign: • Campaign would educate the Town's citizens on variety and diversity of businesses and services. • Bring patrons to Town's businesses. • Build excitement. • Promotional aspect to campaign. • Awareness of benefits of buying in Oro Valley. • Make Grand Openings a larger event in Oro Valley. o Create an operational CEDS plan that Economic Development has to work with in the interim. Plan a CEDS process to do an in depth community process and effort. (Plan for upcoming Budget year). Mayor Loomis recessed the meeting at 7:40 p.m. The meeting resumed at 7:45 p.m. 3. PRESENTATION AND DISCUSSION OF ORO VALLEY'S ECONOMIC INCENTIVES POLICY GUIDELINES 1116, Economic Development Administrator David Welsh explained that the Economic Incentive Policy Guidelines were last considered at a January 2006 Town Council Study Session at which a redacted version of the Guidelines which incorporated recommendations from the "Think Tank" was discussed. He stated that in October 2006, the Council requested that the Guidelines be brought forward to a Study again a ain for discussion due to its relevance to possible annexation efforts. He stated that he felt that the Guidelines should be considered asp art of the Community Economic Development Strategy (CEDS) and added as another tool for economic development. Mr. Welsh suggested the following changes to the current Guidelines as follows: gg o Change Policy "This to read: policy places a priority emphasis on new and existing businesses that generate significant sales tax revenues, meaningful employment opportunities and economic sustainability. As a guideline the following listing can be viewed as a prioritizedpreference:reference: Should reflect industry priority listing resulting from updated CEDS." o Change Guideline Number 1 to read: "A high priority should be placed on the businesses targeted in the Community Economic Development Strategic (CEDS) plan". o Change Guideline Number 6 to read: "The dollar amount of the incentives negotiated shall be on a case-by-case basis and should not generally exceed the cost of the offsite improvements necessary for the project being considered." 10/25/06 Town Council Study Session 8 Mr. Welsh reviewed the following general recommendations: o Incentives should be as flexible as possible. o Should be considered on a case by case basis. o Should be used sparingly and carefully. o In most instances limited to the required offsite infrastructure improvements. o Opposed to usingfor retail. Use to attract employment based businesses. pp Council discussion and comments followed regarding: o Sales tax rebates: If being considered, they should be very limited and strict performance standards need to be incorporated. o Possible incentives for job recruitments, flexibility to negotiate. o Set parameters for incentives, need limits on what is acceptable. o Requirements for incentives are established by the State Statutes. • Do we want to just say that Oro Valley will follow the State's guidelines? o Should not set arbitrary standards. o Details of performance - Must have specific guidelines for staff to use to for negotiation. o Incentives are appropriate for attracting large-scale employers (other than retail). o Better off with a general policy. Set up procedures so there is a laundry list to use during negotiations. Each negotiation would be unique and should be viewed on a case-by-case basis. o Guideline Number 16 - Don't agree with reduction of fees. o Guideline Number 11 — "Pass-thru" tool? — Pass savings onto individual tenants so they also benefit from the incentives. Used to bring in "high- end" anchor tenants. o Policy as presented is not what the Council is looking for. • Look at something that is broader and more of a tool that can be used. • Use on a case-by-case basis. • Identify some limits. Look at minimum type of investment that needs to be made in order to be considered for economic development incentives. • What are the exceptions to the rules that we need to consider and how would we deal with those exceptions? • Create general guidelines and then develop "rules and limits". • Why offer incentives? - To bring businesses into the Town faster and to bring in the types of businesses we want. • How do new businesses affect the existing businesses? • Bring suggestions back to Council in the future for review and discussion. 10/25/06 Town Council Study Session 9 ADJOURNMENT MOTION: A MOTION was made by Council Member Dankwerth and { SECONDED by Council Member Carter to adjourn at 8:32 p.m. Motion carried, 6 — 0. (Vice Mayor Parish left the meeting at 8:10 p.m.). Prepared by: Roxana Garrity, CMC Deputy Town Clerk A � THE MINUTES FOR OCTOBER 25, 2006 WILL BE DELIVERED EARLY NEXT WEEK. THANK YOU! DRAFT • MINUTES ORO VALLEY TOWN COUNCIL STUDY SESSION NOVEMBER 8, 2006 ORO VALLEY TOWN COUNCIL CHAMBERS 11000 NORTH LA CANADA DRIVE STUDY SESSION - AT OR AFTER 5:30 PM CALL TO ORDER: 5:35 P.M. ROLL CALL PRESENT: Paul Loomis, Mayor Terry Parish, Vice Mayor Kenneth Carter, Council Member Helen Dankwerth, Council Member Al Kunisch, Council Member Paula Abbott, Council Member EXCUSED: Barry Gillaspie, Council Member STUDY SESSION AT OR AFTER 5:30 PM 1. DISCUSSION REGARDING THE NARANJA TOWN SITE PROGRAMMING UPDATE Nay Parks and Recreation Director Ainsley Reeder reported that the programming for this J roject was a verycrucial phase of the planning process. She explained that p theglannin process would provide more specific information concerning each p building and elements within the Master Plan. She reported that the product for the1roject would include functional floor schematics, architectural design, p elevations of each major building and a detailed cost estimate for each element of the1 roject. She explained that Burns Wald-Hopkins Architects (BWH), the p consultants hired to assist the Town with the project were present to update the Council regarding the following: 1) Provide an update and status report on the Programming and Concept Project. 2) Review the engineering analysis. 3) Review an updated site concept and preliminary building designs. 4) Discuss the quality of the proposed buildings. 5) Review updated site development cost estimates and phasing consideration. 6) Review the project schedule. In addition, she discussed the following key points for the programming and concept design process for the project: • Capital and Operating Costs -At the conclusion of this project, BWH will imp have the data necessary to provide reliable capital cost estimates, including costs for building the site all at once compared to the cost of 11/08/06 Minutes, Town Council Study Session 2 phasing the various elements of the park. Additionally, a business plan which incorporates requisite staffing levels, user fees, projected facility usage and program attendance will be provided to establish cost recovery levels and ongoing operations and maintenance costs for the facilities. • Construction Quality —At this study Session, the desired quality of the buildings to be included on the site will be discussed. BWH will provide a framework for distinguishing which elements establish the quality of the construction. David Wald-Hopkins Project Manager and Dave Burns, Project Planner from Burns Wald-Hopkins' Architects, and the Planning Team gave a PowerPoint presentation of the Naranja Town Site Programming and Concept Design and the Preliminary Concept Design. The Planning Team for the project consists of the following members: David Wald Hopkins, Project Manager, Dave Burns, Project Planner, Bruce Flynn, Principal-in-Charge, Steve Hagedorn, Landscape Architect, Kyle Smith, Theatre Consultant, Ken Paulsen, Aquatics Consultant, Warren Thompson and David Laws, Civil Engineers, Don McGann, Landscape Architect, Trip McGrath, Cost Estimator, Hy Kaplan, Architectural Lighting. The following topics were identified and discussed: • The "Big Ideas and Goals" — to create an identity for Oro Valley and a signature for the community that will reflect this time and place. • The "Recommended Site Plan" — The estimated total cost for the site of $185,779.00 for the gross square footage. • A profile of the engineering and lighting and the cut of the site from east to west. • The "Recommended Building Program" — the site will require engineering for landfills, grading, storm drainage, traffic, utilities and lighting. The site plan will accommodate a theater component; youth sports fields, skating park, dog park, group use area, indoor fitness center, a trail system and parking. • The Community Center would have a box office and theatre, administrative offices, kitchen, four multi-use sports courts indoors and outdoors, dance room, class rooms, a large community room and a heated indoor pool. • Plans for the Aquatics Center— this area would consist of a diving pool, lap pool, water slides, lazy river and splash pad. • There are 2 proposals for the Music Pavilion — a "Basic Music Pavilion" with an estimated cost of $8,790,000.00 and for future consideration the "Enhanced Music Pavilion" with an estimated cost of $15,822,000.00. • A review of the projected cost for the project. • The quality of the construction and the construction cost and labor availability for the project. • The Planning Concept Final Report is scheduled for March 2007. Discussion followed regarding: 41) • The cost and funding for the project. Town Council StudySession 3 11/08/06 Minutes, • ere the completion date and the cost for the project realistic? W • Slope protection ction and the hillsides between the neighbors and the park. It was suggested that "soil cement" be used to protect those areas subject to significant erosion. • The differences between the amphitheater and the community arts theatre. • The numbersupportbuildings of buildin s available - the support buildings would include restrooms, ramadas and concession stands on the site. • The inflation factor and why the cost of material for construction was on the increase. • W ill the Basic Music Pavilion be constructed to allow the enhanced version to be incorporated in the future? • of the groupuse area and the lighting that would be used The description on the complex. • The definition of Leadership Energy Environmental Design (LEED) — an accountability system for resource conservation. • The final report for the project identifying the "capital cost" and the "operational cost". • Should the project be named "Community Center/Performing Arts Center" and what would be the cost analysis for each component? • developa "communityoutreach program" to allow citizens to voice their To interest and opinion and to keep them informed about the cost for the project. 1 ''` • It wassuggested su ested that the developer review the flow of traffic in the parking lots and - dropoff points where the community center and performing arts came together to create more space in the vicinity. Vice Mayor Parish stated that he liked the design concept and placement for the project, especially how the aquatic center was setup. He explained that after p Y visiting other sites in other areas of the country with similar parks, in his opinion, there could never be enough water parks because these types of parks attract people of all ages. He said that the project would be a very unique site for the area, and he appreciated the fact that a lot of the natural areas and open spaces had beenp reserved. He said that this was a lofty goal for a community, but would be a regional site that would attract other families in the surrounding areas. Mayor Loomis explained that the concept for the center was identified as an Y integrated unit that brings the buildings together. He explained that if the buildings were separated into different components, the project would not be an g p integrated system. He explained that at this point perhaps the full scope of the g Y project should be identified to determine whether or not the Town wanted to take 1 on 156 million dollars. Council Member Dankwerth agreed and explained that this was all encompassing, but if the Council agreed to move forward with the plan, it should Imp be coy possible in the best wa and presented to the public. She stated 11/08/06 Minutes, Town Council Study Session 4 that if the Town chose to develop the project in segments, she believed the project would cost more in the long run. Mayor Loomis recessed the meeting at 7:12 p.m. The meeting resumed at 7:18 p.m. 2. DISCUSSION REGARDING THE PROPOSED BRANDING POLICY Parks and Recreation Director Ainsley Reeder introduced Dennis Ottley, the Chair of the Park and Recreation Advisory Board (PRAB). She reported that on June 12, 2006, PRAB had a Joint Study Session with the Town Council to discuss the draft document. She explained that following the meeting, Town Council's comments were utilized to develop a revised draft. She reported that PRAB, with the significant assistance from the Town's Legal Department, had completed a revised policy for Town Council consideration. She added that the purpose for the Naming and Branding Policy was to outline the policy, criteria, and process for the following reasons listed below and reviewed the draft copy of the Naming and Branding Policy: 1) The official naming and renaming of Oro Valley parks. 2) The receipt of general donations 3) Sponsorship agreements for the branding of Town facilities, features and sponsored events. There was discussion regarding: • "Parks and open spaces shall maintain their name for no Iess10 years", and if that included the branding requirement for 10 years as well and how the 10 year requirements for branding be incorporated into the policy. • Page 2 Section III "Process" - It was suggested that there be additional wording to Item "C", "Parks and open spaces shall maintain gratuitous names for period no less than 10 years." • If subsequent councils could amend the policy in the future, if they so desired, was possible. • Page 4 Item "F" - it was suggested to add the following wording: "Unless requested or authorized by the donor specifically". • Page 4 "Unconditional Donation" and the acceptance of a monetary donation. • How the Town will handle a donor who wants to be reimbursed for their contribution? It was suggested that the policy identify that all sales are final. • Page 7 Sponsorship Agreements and Corporate Branding — it was suggested that a form be created that will identify what the donor intended to sponsor and the benefits and final goals surrounding the sponsorship. Mayor Loomis complimented staff for creating, in his opinion, a good policy. He requested that staff make the necessary corrections and place the document on a future agenda for Council approval. Town Council StudySession 5 11/08/06 Minutes, 3. DISCUSSION REGARDING THE PAVEMENT MANAGEMENT 11116 PLAN and Public Works Director Craig CivalierOperations Division Manager Phillip Trenary reviewed the Pavement Management Plan using the overhead projector. Phillip Trenary explained that staff recommended that the Town adopt a target Overall Condition Index (OCI), number of 70. He explained that an OCI rating of 0 represents a paved road that had failed while an OCI of 100 represented a new p paved road. He reported that an OCI of 70 would indicate that a paved street were in the middle of the Good Rating Classification. He suggested that an ARAN Van be purchased to capture locations, ride quality of the roads, infrared data and photos from the roadwaysurface at 25 feet intervals. He added that with the ARAN Van collection of data, staff would have the ability to research historical data providedcounty bythe and field test questionable surfaces that do not have backup data. Mr. Civalier reported that the Automated Road Analyzer (ARAN) Vans were funded byPima Association of Governments (PAG). The following topics were reviewed: • Pavementp reservation and its role in Pavement Management. • Overall Condition Index (OCI) ratings and ranges. • co y stl Maintenance Practices — Typically, state and local governments invest more funds for maintaining highways than for any other public purpose. • P reserve vs. Reconstruct — Successive years of collecting pavement yaw condition ion data showed that it is far more economical to preserve roads than to delay repairs and reconstruct roads. • Data Collection Problems — Data collection by observation was very difficult and was often not objective. • Data Collection Solutions — PAG and the City of Tucson have fully integrated the ARAN Van into their data collection process. g • A Pavement Preservation Guidelines Table — this table revealed the distinctive characteristics of pavement preservation activities. • Pavement Preservation — a program employing a network level, long-term to that enhances pavement performance by using an integrated, strategy cost-effective set of practices that extend pavement life, improve safety and meet motorist expectations. • P reventive Maintenance — a planned strategy of cost-effective treatments to anroadway system existings stem and its appurtenances that preserves the system, retards future deterioration, and maintains or improves the Y functional condition of the system. • Pavement Rehabilitation — consists of "structural enhancements that extend the service life of an existing pavement and improve its load carrying capacity. • R outine Maintenance — consists of work that is planned and performed on a routine basis to maintain and preserve the condition of the highway res system or to and to specific conditions and events that restore the Y p highway system to an adequate level of service. 11/08/06 Minutes, Town Council Study Session 6 • Corrective Maintenance — activities are performed in response to the development of a deficiency or deficiencies that negatively impact the safe efficient operations of the facility and future integrity of the pavement section. • Catastrophic Maintenance — describes work activities generally necessary to return roadway facility back to a minimum level of service while a permanent restoration is being designed and scheduled. • Pavement Reconstruction — the replacement of the entire existing pavement structure by the placement of the equivalent or increased pavement structure. • Future Strategy — to hire 2.5 people, equipment and funds to be dedicated to pavement management. Discussion followed regarding: • The process of finding the revenue for the re-surfacing of the roads. • The ARAN Van and the funding for the unit. • The type of products that would be used for the re-surfacing of the roads and if there is a difference between the materials used on the arterial roads and the residential roads. • The estimated 14 million dollar backlog for the re-surfacing treatments and the cost to bring the road up to the grade level #70 as it relates to the OCR standards. • How much money was the Town entitled to from the Regional Transportation Authority (RTA)? • What would be the annual cost for the road work and equipment necessary to do the work? • Will there be an increase in cost for those projects that are outsourced to contractors. • A Request for Proposal to conduct a "management study" to determine the staffing needs of the Public Works Division. • A "highway user revenue bond" to bring the issue to the voters. Mayor Loomis recommended that this item be brought forward as a component in the department's annual budget so that Council could authorize the deviation from the budget. He explained that the Council understood the opportunities, but the issue needed to be presented during the budgeting process. He explained that he appreciated the presentation and suggested that staff research the RTA funding and where those funds were being directed. He explained that the RTA had fixed amounts of funding to be distributed to the smaller jurisdictions for road maintenance. In answer to a question from Council Member Abbott, Phillip Trenary explained that the average life expectancy of a road was approximately 30 to 40 years. 11/08/06 Minutes, Town Council Study Session 7 ADJOURNMENT MOTION: Vice Mayor1 Parish moved to adjourn the meeting at 8:40 p.m. Council Member Kunisch SECONDED the motion. Motion carried, 6-0. 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I-- < O � OI < - E < < L < Q o:: Q _1OO4 000 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: December 6, 2006 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: David Welsh, Economic Development Administrator SUBJ: TREO Quarterly Report: July 1, 2006 — September 30, 2006 SUMMARY: The 2006/2007 Fiscal Year Financial Participation Agreements (FPA) between the Ile and the Tucson Regional Economic Opportunities (TREO) Town of Oro Valley g stipulates that a quarterly reportcompiled be by TREO and presented to the Council in the month following the end of each calendar quarter. The enclosed report satisfies the FPA requirement for the first quarter of the 2006/2007 Fiscal Year. ATTACHMENTS: TREO Quarterly Re,ort Report Resoluti4n No. IR) 06 - /4111111 l avid Welsh, Ecromic Development Administrator David Andrews, Town Manager r • ano (111"44,1)1 K 11 5 II 1111111111111 P 11111111111 111 ECONOMIC OPPORTUNITIESingag. J. CONFIDENTIAL MEMO D UM TO: Town of Oro Valley Mayor and Council Members - {AA/ FROM: Joe Snell 1/ DATE: October 20, 2006 SUBJECT: TREO Quarterly Report I am pleased to provide you with TREO's first quarter 2007 performance report. During the past three months, the following was accomplished: • Located United Collections Bureau to Tucson, creating 450 jobs and occupying 47,000 square feet of industrial space. • Total jobs created for the period were 540; total jobs retained were 65. • Responded to 31 inquiries and hosted 10 visits from clients considering Tucson as a location. • Worked with 29 active recruitment projects and 7 retention/expansion projects. • Launched Business Outreach Program, conducting 45 outreach visits with local companies. • Secured 2 new contracts with a total value of$1,028,000 for local business through the BusinessLlNC program. • Facilitated the award of 3 Arizona Job Training Grants totaling $200,451 for the training of 90 net new and 65 incumbent employees. • Secured $139,900 in new investor commitments. • Generated 11 local news stories. • Launched the Economic Blueprint project and finalized membership of the Steering Committee. • Expanded community inclusion in the Economic Blueprint plan development by extending 498 invitations to planning meetings. • Planned and produced Annual Luncheon with 535 attendees. • Compiled and published 2005-2006 TREO successes and highlights, 2006-2007 TREO Action Plan, Economic Profile, and Annual Report. • Redesigned TREO logo. • Completed audit of TREO financial statements. • Received unanimous Mayor and Council approval of the FY '07 Financial Participation Agreement with the City of Tucson. A detailed summary of performance results for the first quarter 2007 follows. 1 BUSINESS DEVELOPMENT/ATTRACTION TREO offers an integrated approach of programs and services to support the creation of new businesses, the expansion of existing businesses within the region, and the attraction of companies that offer high-value jobs and share the community's values. The majority of TREO's program staff and resources are dedicated to supporting the retention and expansion of local companies. TREO will expand the focus on local businesses this year by conducting 500 or more one-on-one meetings with local firms together with 18 workshops/roundtables for local companies. First quarter performance statistics follow: Business Development Activity Report Attraction July'06 Aug'06 Sep'06 QTD-1 Inquiries 12 10 9 31 New Active Projects 2 4 3 9 Total Active Projects 19 19 29 N/A Active Project Potential Jobs 3,568 3,623 3,674 N/A Client Visits 1 3 6 10 Local Retention/Expansion July'06 Aug'06 Sep'06 QTD-1 Outreach Visits 8 7 30 45 New Active Projects 2 0 0 2 Total Active Projects 7 7 7 N/A Active Project Potential Jobs 820 820 820 N/A Workforce July'06 Aug'06 Sep'06 QTD-1 New Grants Awarded 3 0 0 3 Net New Employee Amount $129,073 $0 $0 $129,073 Incumbent Employee Amount $71,378 $0 $0 $71,378 -id) 2 BusinessLinc July'06 Aug'06 Sep'06 QTD-1 New Contracts 2 0 0 2 Dollar Value $1,028,000 $0 $0 $1,028,000 New Profile Listings 15 9 5 29 Empowerment Zone July'06 Aug'06 Sep 106 QTD-1 Interactions 12 15 21 48 Enterprise Zone July'06 Aug'06 Sep'06 QTD-1 Interactions 6 10 18 34 Foreign Trade Zone July'06 Aug'06 Sep'06 QTD-1 Companies Assisted 5 4 3 N/A QuickLinc July'06 Aug '06 Sep '06 QTD-1 Companies Assisted 8 5 11 24 STRATEGIC SERVICES The primary initiative to be completed this fiscal year is the economic development strategy and visioning project to develop the Tucson Regional Economic Development Blueprint. The Blueprint is envisioned as a comprehensive performance-based strategy to effectively position the Tucson region to capitalize on its best economic development opportunities in the decades to come. During July, the following was completed: • Met with KMK principals at their headquarters in Cincinnati, Ohio, to define the scope, process & timeline of the project. • Identified the Steering Committee members for the Economic Blueprint and Visioning project. • Finalized negotiations and signed a contract to officially initiate KMK Consulting's engagement. During August, the following was completed: 3 • Conducted the first community involvement sessions for the Economic Blueprint project with KMK Consulting Company; 104 people were invited to participate,and 70 attended the series of private and group meetings. • Finalized a broad-based Economic Blueprint Steering Committee to champion the project and serve as the primary governing body for the strategic planning process. There are 36 Steering Committee members (25 private sector, 6 public sector). • Hired Administrative Assistant,Tiffany Gardner. During September, the following was completed: • Expanded community inclusion in the Economic Blueprint plan development: 498 total invitations issued 126 attended meetings MARKETING The Marketing Department's mission is to fully support the communications and marketing opportunities and needs of the Business Development, Investor Relations and Strategic Services departments. Marketing develops key messages to promote the Tucson region (as a "place" brand) and TREO (as a "service" brand) and increases the organization's visibility locally,regionally, nationally, and internationally through traditional and non-traditional marketing avenues. During the first quarter 2007, the following was completed: Media Relations • TREO was quoted or the main story in 11 Star and Citizen articles. • Announced 4th quarter Job Training recipients via press release and City Council presentation. • BusinessLlNC program was profiled in the Northwest Explorer Business To Business special edition. • Developed initial media and communications strategy for the Economic Blueprint. • Planned and produced Annual Luncheon with 535 attendees. • Developed and produced a 10-minute TREO Year in Review video,with sponsorship support from Cox. • Prepared for and announced new office of United Collections Bureau, 450 jobs. Resulted in coverage in all print media - Star, Citizen, ITB - as well as KGUN9 and Inside AZ Business. • Coordinated AccessTucson, a 30-minute TV production of TREO's first year in review. • Published TREO's first Economic Profile, an 80-page publication with data and regional demographics. Collateral/Publications • Compiled and published 2005-2006 TREO Successes and Highlights and 2006-2007 TREO Action Plan. • Finished first round of copy for 72-page Economic Profile, to be published in September. 4 • • Drafted copy and began design of new TREO main "Signature" collateral piece, to be published in September. • Redesigned TREO logo. • Created ad for AZ TechConnect Magazine. • Completed design and advertising sales for new Economic Profile. • Developed investor recognition ad which ran in the Arizona Daily Star. • Developed TREO Annual Report. • Developed video concept and initial script for Annual Luncheon. • Developed and produced Economic Blueprint logo,web site section, binder and supporting marketing materials for launch at Annual Luncheon. • Reviewed and approved marketing and PR materials for IdeaFunding sponsorship. Web-based Marketing • Reviewed and selected vendor for relaunch and redesign of TREO web site. • Created new navigational structure and site map. • Completed redesign of web site and began content development for launch in October 2006. • Developed and posted new Data Center on TREO's web site; prepared content,received training and finalized design for new web site launch in Fall 2006. INVESTOR RELA TIONS TREO's investors are the backbone of the organization. They provide the resources needed to carry out the mission of the organization. It is imperative that TREO's public funds be augmented by private companies with a commitment to the long-term prosperity of the region. Investment in TREO reflects a commitment to creating an environment where business and industry can thrive. During the first quarter 2007,TREO received new investor commitments totaling $139,900 from the following entities: Waterstone Homes Allegra Printing GEICO Oakwood Corporate Housing Sargent Controls &Aerospace Realty Executives (Relocation Division) Long Companies Bourn Partners Janco Janitorial Non-Profit Executives (NET) Northern Trust Bank First Magnus PICOR Hecker& Muehlebach (in-kind) ADMINISTRATION Finance Regier, Carr and Monroe was hired to conduct the audit of TREO's financial statements. The audit started on August 15 with field work conducted August 21, 22 and 23. The audit was completed in mid-September. The TREO audit committee met on September 22 to receive the draft audit. The audit firm issued a clean opinion on TREO's financial statements for FY '06. Final statements will be presented to the TREO Board on October 20, 2006 5 . Human Resources Tom Moulton has been appointed to be the director of a new Pima County department, Leased Properties and Tourism. Three County staff members (Catherine Strickland,Melissa Gonzalez, and Jeanne Madlangbayan) who are currently assigned to TREO are joining Tom in the new department. Tom and his staff are being housed at TREO while County facilities are being renovated for the new department. Laura Tafoya accepted a position with PICOR. Bob Horn resigned to pursue other opportunities. Ursula Strephans resigned to join her family's business. Julie Sapp was hired to handle RFI responses and other research duties. Tiffany Gardner was hired to provide administrative assistance to Strategic Services. Nicole Orenduff was hired to provide administrative assistance to Business Development. Erin Coulter was hired as a Marketing Coordinator. Steve Martin was hired as Business Development Specialist. Delfina Cruz was hired as Customer Service Representative/Receptionist. Gerri Brunson transferred from the City as a Business Development Specialist. Staff currently housed at TREO includes 16 TREO employees, 4 City employees, 4 County employees, 1 loaned executive and 2 U.S. Department of Commerce employees. Operations/Special Projects Contract negotiations are under way with four agencies SAIAT,JobPath, MAC,Arizona Builders' Alliance to secure business development and workforce training services. The City of Tucson Mayor and Council unanimously approved the FY07 Financial Participation Agreement with TREO. The contract provides $1,484,060 in cash support together with $437,380 of in-kind staff support, and $500,000 for workforce development services (JobPath). Negotiations are under way with Pima County for the extension of the contract with TREO. Board of Supervisors' approval is expected by early October. 6 • TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: December 6, 2006 TO: HONORABLE MAYOR & COUNCIL FROM: Kathryn Cuvelier, Town Clerk SUBJECT: CANCELLATION OF JANUARY 3RD, JULY 4TH AND NOVEMBER 21ST, 2007 TOWN COUNCIL MEETINGS DUE TO THE NEW YEAR HOLIDAY, THE FOURTH OF JULY HOLIDAY AND THANKSGIVING HOLIDAY SUMMARY: s that the Janua 3rd 4th and November 21st Council meetings be cancelled due to � Mayor Loomis request ry July the New Year Holiday, 4th of July Holiday and the Thanksgiving Holiday for 2007. SUGGESTED MOTION: I MOVE to cancel the January 3, July 4 and November 21, 2007 Council meetings. ATTACHMENTS: iitioreting calendar for 2007. (.7„ Depa ent Head (14 Town Manager 0 z w -18 W Cl) Z N- N- N- NN- N- N- NNN- N N- NN- NN- N- N- N- N-- 2 � 'O Cl) 000 0 0000000 00000000 OO 13) J � L. -V v Ln (0 0) c0 0) cO CO 0 d' L) 00 C0 O M `4 N- r- LU C0 r- N- 4' ONONONONCDNO CDNONONON NO U 05 •- >+- `+- -- NNCOCo t - LL0C) N- N- COCO0) O) 00 r- N z a 0 c 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C. 0 0 S D O co O o Z I 0 I— D • o ° 4- a $2 O a, O `> c Qom, i (0NNNNNNNNNN NN- NNN- N N- N- 00 W �-- O a) 0000000000 00000000 a) Y — 0 'O 05 C) C) (� �O ) NCONCOOMr-- r- - 0) cooN- � - CO 0) CC) CD N. •- r- 0N--' ON- cO - N7- O NN- N7- Co -- N '-- N- CO L 0 L0a. O NN-- NNCoCoC t' tLnCO CONN- CO O0) O � N. CD - N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N--- S S L.L. O a) >- >- Ce O - >' • QCDNNNNNNNNNNQNN- NNN- NNN N � w CZ -4--2 � c E 000000Coo0oopo � 0oo000 00 z c Li! �- - OOCO7- LU - L.UO) NC.ON• r- COCOC CDCOh- 00 LUCK Z C E a) �- O JNc- O � O7-- NN-- Nr- Co0 (N � C� � N � N--- (N O Q Q N -, . 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La Canada Drive Oro Valley, AZ 85737 RE: ORO VALLEY ASSESSMENT Dear Sandra: Pima Community College (PCC) appreciates the opportunity to assist the Town of Oro Ikfterr Valley in achieving its long- and short-term training goals. To that extent, the PCC's Center for Business Solutions (CBS) is submitting this initial proposal to conduct a full assessment of your organization's training programs. Below are deliverables based upon your stated goals and objectives described during our initial meeting on Thursday, August 31, 2006 in Oro Valley. SCOPE OF WORK The Center for Business Solutions (CBS) at Pima Community College (PCC)will _perform an assessment of Oro Valley employees and provide a recommendation report upon com 1 et on of the training assessment. A full assessment involves a survey addressed to all emp oyees, arid—Mee-17F and interviews between Oro Valley administration and employees and CBS program managers. A review of relevant internal manuals and documentation may also be helpful. Oro Valley will select which employees will participate in the interviews; optimal conditions would include employees from each department and skill level. The first step in the survey assessment process involves developing a set of questions company employees will answer to express their training ideas and expectations, and their long-term goals with respect to Oro Valley's training mechanisms, including training developed internally, training covered through existing tuition reimbursement programs, college classes customized for specific departments, or other training possibilities. Next, CBS' program managers will visit the Town of Oro Valley for a tour of its facilities and to meet and interview the selected employees. Depending upon the 1 J number of participating employees, these interviews will probably last a full day or two, with one or two employees meeting at a time with CBS' program managers. After analyzing employee responses, meeting notes, pertinent company documentation and survey data, CBS will provide the Town of Oro Valley with a written recommendation report that can be used as a baseline for improving the organization's training programs and adding to existing strategic plans or developing new ones. After interviewing Oro Valley's team members, we will offer our preliminary findings before hand-delivering three copies of the recommendation report following the final interviews. Any information learned through the survey, tour, and meetings and interviews is considered confidential and will not be shared. DELIVERABLES Based on Oro Valley's stated goals and objectives in our original meeting, PCC's Center for Business Solutions can deliver a survey and conduct interviews that gauge employee ideas and beliefs with respect to the following training topics: skills training, employee continuing education and professional development, workplace enthusiasm, teamwork, employee feedback, organization mission/vision, organizational values, and organizational structure and task alignment. Please provide additional topics if necessary. SCHEDULE To meet Oro Valley's schedule, we propose delivering a full assessment at a time and date specified by the administration. Our assessments generally take one to two full days to administer, depending upon the number of employee interviews. Immediately upon completing the interviews, we complete a report detailing our findings. Three copies of the final recommendation report will be hand-delivered to the Town of Oro Valley following the final interviews. PARTICIPANTS To perform an accurate analysis of the Town of Oro Valley, we recommend making employees from all departments and skill levels available for the assessment. QUALITY ASSURANCE Pima Community College is committed to high-quality programs and dedicated to successful partnerships. Throughout the assessment process and upon completion of the recommendation report, we suggest ongoing communication between the Town of Oro Valley and the Center for Business Solutions to accommodate any unforeseen schedule changes, if needed. Oro Valley employees will be provided an evaluation instrument to measure the effectiveness of the assessment program. If Oro Valley is not satisfied with the quality of the assessment, CBS' program managers will work closely with Oro Valley representatives to determine what modifications may be needed. 2 All discussions held during the assessment meetings and interviews, and any information submitted via survey or delivered in the recommendation report will be considered confidential. For this assessment to be effective, it is essential that participating employees of Oro Valley understand that they are free to respond openly to CBS' program managers. COST The price for the various assessment options are as follows: Cost of survey and extensive interviews $5,500.00 Cost of survey and 4 or 5 dept. head interviews $3,500.00 Cost of survey for all Oro Valley employees $1,750.00 On behalf of Pima Community College's Center for Business Solutions, I look forward to working with the Town of Oro Valley and helping you meet your goals. If you have any questions regarding this proposal or need additional information, please give me a call at 206-6592. Thank you. Sincerely, Greg Wilson 3 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: December 6, 2006 TO: HONORABLE MAYOR& COUNCIL FROM: Sandra L. Abbey, Human Resources Director SUBJECT: Resolution No. (R) 06 -97 proposing adoption of an Intergovernmental Agreement between the Town of Oro Valley and Pima Community College District establishing a framework under which the College District may provide instruction and programs for the benefit Town staff or others identified by the Town. SUMMARY: It is in the best interests of the Town of Oro Valley to establish educational training and development programs to ensure Town staff have the knowledge, skills and abilities to carry out their responsibilities in providing services to the community. To this end, a variety of courses, seminars, training classes and other development programs are required from time to time. Pima Community College is in a unique position to provide not only college-level educational courses, but also variety of other types of development opportunitites through it's community college and business solutions iisions. The attached Intergovernmental Agreement (Exhibit A) provides a framework under which a variety of such programs could be implemented on an ongoing basis as needed. The Addendum to the umbrella IGA for a training needs assessment (Exhibit B) is an example of the first program to be provided under this agreement. Additional programs can be added by way of a simlar process when deemed necessary. Please note that the Intergovernmental Agreement attached has been reviewed and substantially approved by Pima County College District, however, the next meeting of their governing board takes place in January of 2007, therefore the effective date of the agreement would occur after both parties have formally approved the agreement in public meetings, and when the agreement has been signed by both parties. FISCAL IMPACT: There is no cost involved in adopting the IGA. Educational program costs would be negotiated and implemented by adoption of an addendum to the agreement. The Training Needs Assessment will cost $3,500 and will be paid from the Human Resources Deparment Tuition Reimbursement account. RECOMMENDATION: 1 is recommended the Mayor and Council adopt the resolution for this Intergovernmental Agreement and Addendum A for provision of a training needs assessment as a first step in establishing educational training and development programs for Town staff. SUGGESTED MOTION: I move to adopt Resolution No. (0)06- 97 EXHIBITS: A. Intergovernmental Agreement B. Addendume No. 1 to Intergovernmental Agreement Department Head Town Manager RESOLUTION NO. (R) 06-97 A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING AN INTERGOVERNMENTAL AGREEMENT AND ATTACHED ADDENDUM BETWEEN PIMA COUNTY COMMUNITY COLLEGE DISTRICT AND THE TOWN OF ORO VALLEY WHEREAS, pursuant to A.R.S. § 15-4444, the Pima County Community College District, through its governing board, is empowered and authorized to contract, employ faculty and staff and provide educational courses and programs; and WHEREAS, pursuant to A.R.S. § 11-952, the Town is authorized to enter into or renew agreements for joint and cooperative action with other public agencies; and WHEREAS, the Intergovernmental Agreement, attached hereto as Exhibit "A", establishes the framework for which the Pima County Community College District may provide instruction and programs for the benefits of individuals identified by the Town; and WHEREAS, Addendum No. 1, attached hereto as Exhibit "B", between the Pima County Community College District and the Human Resources Department of the Town provides a training needs assessment for educational and training needs of the Town; and WHEREAS, it is in the public interest that this educational opportunity be provided to the Town to enroll designated students for college level courses and provide training programs; and WHEREAS, it is in the best interest of the Town and Pima County Community College District to enter into an Intergovernmental Agreement and Addendum for the implementation and administration of an education program. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: 1. Approving the Intergovernmental Agreement, attached hereto as Exhibit "A", between Pima County Community College District and the Town. 2. Approving and authorizing the Town Manager to sign the Addendum, attached hereto as Exhibit "B", for a training needs assessment. BE IT FURTHER RESOLVED that the Mayor and Town administrative officials are hereby authorized to take such steps as necessary to execute and implement the terms of the Intergovernmental Agreement and Addendum. C:\Documents and Settings\sabbey\Local Settings\Temporary Internet Files\OLK38FF\resolutionI doe Town of Oro Valley Attorney's Office/ea/103006 PASSED AND ADOPTED by the Mayor and Town Council of Oro Valley, Arizona this 6m day of DECEMBER , 2006. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Melinda Garrahan, Town Attorney Date: Date: C.\Documents and Settings\sabbey\Local Settings\Temporary Internet Files\OLK38FF\resolutionl.doc Town of Oro Valley Attorney's Office/ca/103006 GG » EXHIBIT INTERGOVERNMENTAL AGREEMENT C:\Documents and Scttings\sabbey\Local Settings\Temporary Internet Files\OLK38FF\resolutionl.doe Town of Oro Valley Attorney's Office/ca/103006 7ic ,,w INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND PIMA COUNTY COMMUNITY COLLEGE DISTRICT THIS INTERGOVERNMENTAL AGREEMENT is made by and between the TOWN OF ORO VALLEY(hereinafter called "AGENCY")and PIMA COUNTY COMMUNITY COLLEGE DISTRICT(hereinafter called the "COLLEGE"): WITNESSETH: WHEREAS,the COLLEGE, through its Governing Board,is empowered and authorized to contract,employ faculty and staff,and provide educational courses and/or programs pursuant to A.R.S. §15-1444,and WHEREAS,it would further the public interest if this educational opportunity is provided to AGENCY to enroll designated students for college level courses and provide training programs,and WHEREAS,AGENCY and the COLLEGE desire to enter into a cooperative Intergovernmental Agreement for the implementation and administration of an educational program; NOW,THEREFORE,in consideration of the mutual covenants contained herein,AGENCY and the COLLEGE do hereby agree as follows: ARTICLE I. PURPOSE The purpose of this Agreement is to establish the framework within which the COLLEGE may provide education instruction and programs for the benefit of individuals identified by the AGENCY and set out the understanding of bot parties as to their mutual responsibilities and rights regarding these programs. The attached Addenda No. 1, which is hereb incorporated into this Agreement by this reference, describes a program to be offered. The COLLEGE and the AGENCY ma add other programs to this Agreement by mutually agreeing upon and approving Addenda that outline specifi' programmatic scope of work and financial considerations. ARTICLE II. SCOPE OF WORK Relevant scopes of work are detailed in attached Addenda. ARTICLE III. FINANCIAL CONSIDERATIONS A. COLLEGE Tuition and Fees 1. The COLLEGE shall assess tuition and fees at the current official rate per semester for each participant who successfully enrolls in the courses under this Agreement. 2. Students enrolled under this Agreement shall be responsible for the payment of all required tuition and fees in amounts set by the COLLEGE Board of Governors. Provisions for tuition payments/Program Cost for students may be made by AGENCY as a part of this Agreement. 3. Refunds of tuition and fees/Program Cost shall be in accordance with the refund policy approved by the COLLEGE Board of Governors for the fiscal year(s)in which this Agreement is in effect. 4. Additional financial considerations applicable to individual programs are specified in the attached Addenda. Intergovernmental Agreement(IGA) Rev October 26,2004,Finance and Administrative Services ARTICLE IV. STANDARD PROVISIONS . The COLLEGE will provide curriculum and instructional design,with the advice and input of AGENCY for training - of selected individuals identified by AGENCY. All curriculum and instruction is under the control of the COLLEGE. The COLLEGE retains the right to select,evaluate,and remove any instructor from the program at the will of the COLLEGE. The COLLEGE agrees that it will give due consideration to requests by the AGENCY concerning the assignment of instructors, and take reasonable steps to address AGENCY concerns about the quality and effectiveness of instruction and training programs provided specifically for AGENCY. B. The COLLEGE will provide administrative support for all educational activities required to implement the terms of this Agreement,including but not limited to supervision,coordination and direction to all appropriate instructional staff,faculty and instructional aides. C. Each party shall retain complete control and jurisdiction over such programs of its own that are outside of this Agreement,and nothing in the execution of this Agreement or in its performance shall be construed to establish a joint venture of the parties hereto. D. The parties to this Agreement agree that they will not discriminate against any employee or applicant due to race, color,religion,sex,or national origin,and in this regard they will comply with all applicable federal and state employment laws,rules and regulations,including the Americans with Disabilities Act. E. The AGENCY acknowledges the COLLEGE's responsibility to comply with the Family Educational Rights and Privacy Act and will cooperate with the COLLEGE to ensure joint activities under this Agreement do not conflict with said responsibility. Any non-directory student information shared as part of this Agreement will serve an explicit educational purpose. F. This Intergovernmental Agreement requires that recording be effected with the Pima County Recorder or Secretary of State,as applicable. The COLLEGE is authorized to enter into this Intergovernmental Agreement pursuant to provisions of A.R.S. § 11-951 et seq. and A.R.S. §15-1444;the AGENCY is authorized to enter into this Intergovernmental Agreement pursuant to provisions of A.R.S. § 11-951 et seq. G. The term of this Agreement shall commence on the day of ,2006 and shall expire on the 30th day of September,2011. Thereafter the Agreement may be extended for additional five-year periods by written approval of both parties, and subject to the provisions of Section H.,below. Either party may at any time cancel this Agreement or renewal thereof, with or without cause,by giving thirty(30) days advance written notice to the other party which shall commence on the date of mailing of the written notice by certified mail or personal delivery. Thereafter, this Agreement shall become null and void except for the portion or portions of payment herein agreed upon for which expenses have been necessarily incurred in the performance of this Agreement. H. The continuation and renewal of this Agreement shall be subject to approval by the COLLEGE Governing Board and subject to the appropriation and receipt of sufficient funds by the COLLEGE to administer and support the program. In the event sufficient funds are not available or appropriated at any time, the COLLEGE may cancel the Agreement by delivering written notice to AGENCY according to the termination provisions of Section G., above. I. Upon termination of this Agreement,equipment furnished or purchased by the COLLEGE for the program shall be retained by the COLLEGE, and equipment furnished or purchased by AGENCY shall be retained by AGENCY. J. This Agreement shall be subject to and interpreted under the laws of the State of Arizona. Any controversy or claim arising out of or relating to this Agreement,its enforcement or interpretation,or because of an alleged breach,default, or misrepresentation in connection with any of its provisions,shall be submitted to arbitration, to be held in Pima County,Arizona,in accordance with the Uniform Arbitration Act,A.R.S. § 12-1501 et seq. The arbitrator shall be selected by mutual agreement of the parties; if none, then by striking from a list provided by an organization such as the American Arbitration Association. In the event either party institutes arbitration under this Agreement, the party prevailing in any such arbitration shall be entitled,in addition to all other relief,to reasonable attorneys'fees relating to such arbitration. The non-prevailing party shall be responsible for all costs of the arbitration,including but not Intergovernmental Agreement(IGA) Rev October 26,2004,Finance and Administrative Services limited to,the arbitration fees,court reporter fees,etc. The decision of the arbitrator shall be final and binding upon the parties. K. AGENCY agreesindemnify to and hold harmless the COLLEGE from all injuries to persons or property caused by acts or omissions of AGENCY arising out of AGENCY's activities under this Agreement. The COLLEGE agrees to indemnify and hold harmless AGENCY from all injuries to persons or property caused by acts or omissions of the COLLEGE arising out of the COLLEGE's activities under this Agreement. In the event of concurrent liability,the parties shall have the right of contribution from each other. L. the provisions Notwithstanding of Articles II and III,students,instructors,and COLLEGE staff participating in this program shall not be considered as employees of AGENCY,and agents or employees of AGENCY shall not be considered employees of the COLLEGE. Accordingly,employees of one party shall not be entitled to employee provided benefitsnormally to bona fide employees of the other party. Nothing in this Agreement or its performance exceptas provided rovided in A.R.S. § 23-1022.D shall be construed to result in any person being the officer, agent,employee, servant of either partywhen such person,absent this Agreement and the performance thereof,would not in law or have such status. M. This Agreement is subject to the provisions of A.R.S. §38-511,which provides in pertinent part: The state,itsp olitical 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, in draftingor creatingthe contract on behalf of the state,its political subdivisions or any of the securing, 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 p party of the contract with respect to the subject matter of the contract. N. "Materials" shall mean recorded information,regardless of form or medium in which recorded. The COLLEGE shall g retain the right to an irrevocable,worldwide,royalty-free,non-exclusive license to reproduce and use for its purposes including distribution within the COLLEGE and distribution outside of the COLLEGE,the materials developed by th COLLEGE under the terms of this Agreement. This shall not apply to materials developed by AGENCY or its contractors. O. This document contains the entire Agreement between the parties and may not be modified,amended,altered or extended except through a written amendment by the parties. Intergovernmental Agreement(IGA) Rev October 26,2004,Finance and Administrative Services IN WITNESS WHEREOF,the parties have executed this Agreement on the date last signed below. ,IMA COUNTY COMMUNITY TOWN OF ORO VALLEY COLLEGE DISTRICT Signature Date Signature Date Vice Chancellor for Finance Mayor Title Title AGENCY Mailing Address: Oro Valley Human Resources Department 11000 N. La Canada Drive Oro Valley, AZ 85737 Contact: Greg Wilson 520.206.6592 Contact: Sandra Abbey 520.229.4750 (Phone#) (Phone#) REVIEWED AND APPROVED AS TO FORM Pursuant to A.R.S. §11-952.D,the attorney for each of the parties has determined that the foregoing Agreement is in proper form and is within the powers and authority granted under the laws of the State of Arizona to the party which such attorney represents. COLLEGE Legal Counsel Date AGENCY Legal Counsel Date Intergovernmental Agreement(IGA) Rev October 26,2004,Finance and Administrative Services EXHIBIT44w, ADDENDUM NO. 1 TO INTERGOVERNMENTAL A C:\Documents and Settings`sabbey\Local Settings\Temporary Internet Files\OLK38FF\resolutionl.doe Town of Oro Valley Attorney's Office/ca/103006 AlL "J r PIMA COUNTY COMMUNITY COLLEGE DISTRICT And ORO VALLEY HUMAN RESOURCES DEPARTMENT Addendum No.1:Community Campus—Training Needs Assessment SCOPE OF WORK A. The COLLEGE will design and deliver a training needs assessment, including a survey to be answered by AGENCY employees and interviews with several AGENCY department directors. B. The COLLEGE shall: 1. Collaborate with the AGENCY to develop and deliver a survey to AGENCY employees that addresses the AGENCY's training needs. 2. Interview several AGENCY department directors to assess department-specific training needs. 3. Analyze survey responses and interview information. 4. Produce a recommendation report based on survey and interview analysis and observations and information collected during meetings. 5. Provide program coordination and a liaison to the AGENCY to facilitate the delivery of the goods and/or services described under this Agreement. 6. Maintain confidentiality of AGENCY information received through survey responses, interviews, meetings, or observations. C. AGENCY shall: 1. Provide a liaison who will work with the COLLEGE liaison to facilitate efficient assessment delivery. 2. Provide facilities that suit program needs. 3. Provide access to AGENCY employees and department directors with expertise in the appropriate subject matter. FINANCIAL CONSIDERATIONS 1. The COLLEGE shall invoice the AGENCY for$3,500 for survey design and delivery and drafting and delivery of the recommendation report. 2. The COLLEGE shall invoice the AGENCY upon delivery of the recommendation report. Payment is due within thirty (30) days of invoice date. CONTACT INFORMATION COLLEGE AGENCY Contact:Greg Wilson Contact:Sandra Abbey Contact Phone: 520.206.6592 Contact Phone:520.229.4750 All payments will be mailed to: All invoices will be mailed to: Bursar, Pima Community College Oro Valley Human Resources Department 4905 E.Broadway Blvd. 11000 N. La Canada Drive Tucson,AZ 85709-1225 Oro Valley,AZ 85737 APPROVALS (only required for Addenda not incorporated into original Agreement) COLLEGE AGENCY Signature Date Signature Date .. Title Title • TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: December 6, 2006 TO: HONORABLE MAYOR & COUNCIL FROM: Robert Jacklitch Project Manager, Oro Valley Water Utility (OVWU) SUBJECT: Resolution No. (R) 06-98 A Resolution of the Mayor and Council of the Town of Oro Valley, Pima County, Arizona Authorizing and Approving a Contract with Westland Resources, Inc. for Professional Engineering to Design the North La Canada "E" Zone 2.2MG Reservoir. Contract Fee $248,000.00 SUMMARY: The project is to provide professional engineering, environmental, and landscape architectural consulting services to design a concrete potable reservoir. The reservoir site is located in the vicinity of Moore Road and King Air and is owned by the Town. Specifically, the engineering design is for a 2.2 Million Gallon (MG) concrete in ground potable distribution reservoir. Only 5-6 feet will be exposed above existing ground level. Design includes site improvements, security wall, electrical control system and desert landscape features. The stucco security wall will be approximately 7 feet high and screen equipment and reservoir from street view. The design will pp Y includep rovisions for a future booster pump station in preparation of providing service to areas west and north of the site. Another feature include the capability to expand the reservoir for future potable Central Arizona Project Water (CAP). The Potable Water System Master Plan 2006 indicates the need for an additional 7.1 million gallons of reservoir storage for future system demands and fire flows for the next ten years with current growth assumptions. The reservoir will provide increase water reliability to customers south of Tangerine from Naranja to First Avenue including the Oro Valley Northwest Medical Center. The reservoir is located and will operate as a floating (gravity) pressure zone —"E" which is the largest zone in the Utility's operating system. The OVWU staff will work closely with Public Works and Planning and Zoning staff on this important water improvement project. The OVWU met with La Cholla Air Park representatives and advised them of the project. A design notice explaining the project will be issued to property owners and residents in the area. The scope of professional engineering services include design tasks and optional supplemental tasks that provide flexibility if additional work is needed and requested by OVWU. Design Tasks: 1. Pre-Design Services — supply design report include alternative reservoir construction and cost analysis for each alternative. 2. Professional Design Services — include land surveying, civil engineering, structural engineering, electrical engineering and geotechnical investigation. 3. Native Plant/Preservation Plan — prepare native plant salvage and mitigation plan, landscape architecture and Clean Water Act (CWA) Section 404 permit support. 4. Contract Administration — project coordination and bidding, provide as- built drawings and final submittal to Pima County Department of Environmental Quality. 5. Construction Inspection — provide inspection services for the duration of the project. ThisJ roject will be designed in accordance with OVWU standard specifications, American Water p g Works Association and Tucson Water standards. FISCAL IMPACT: Funds are available in the OVWU 2006-2007 Budget using senior lien water project revenue bonds, series2003. Contract Fee for Tasks 1 through 5 is $248,000.00 RECOMMENDATIONS: Staff respectfully recommends award of this contract to Westland Resources, Inc. through the adoption of the attached Resolution (R) 06-98 . ATTACHMENTS: EXHIBIT #1 Resolution No. (R) 06- 98 EXHIBIT #2 Contract Agreement EXHIBIT #3 Engineer's Proposal EXHIBIT #4 Location Map SUGGESTED MOTION: The Mayor and Council may wish to consider one of the following motions: I move to approve Resolution (R) 06 -98 A Resolution of the Mayor and Council of the Town of Oro Valley, Pima County, Arizona Authorizing and Approving a Contract with Westland Resources. Inc. Engineering. for Professional En ineerin to Design the North La Canada "E" Zone 2.2 MG Reservoir. Or I move to R,47( 1 / / - /, P ct M4 ager ,,,, V' 4 P W r U Iity irector „ntAil ((_, --abliA,A-----1 Town Manager EXHIBIT No. 1 O �P��EY,gR/ <-O Off- -7 w t � Y ;Tatessiateilehe A)0 91t UNDEU Resolution RESOLUTION NO. (R) 06-9R A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA AUTHORIZING AND APPROVING A CONTRACT WITH WESTLAND RESOURCES, INC FOR PROFESSIONAL ENGINEERING TO DESIGN THE NORTH LA CANADA "E" ZONE 2.2MG RESERVOIR. WHEREAS, the TOWN OF ORO VALLEY is a municipal corporation within the State of Arizona, andp ursuant to the laws of the Sate of Arizona, the Town Council is authorized to enter into contracts for Professional Engineering Services; and WHEREAS, the Head of the Town Water Department has requested professional engineering services to design the North La Canada"E" Zone 2.2 MG Reservoir; and WHEREAS, the Oro Valley Water Department selected Westland Resources, Inc. based on the 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 and incorporated herein by this reference, with Westland Resources, Inc., and that the Mayor and Council of the Town of Oro Valley authorize and approve the contract. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Town of Oro Valley, Arizona, that the Contract attached hereto between the Town of Oro Valley, Arizona, and Westland Resources, Inc. is authorized to be signed. 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 6TH day of DECEMBER , 20 06 • TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn Cuvelier, Town Clerk Melinda Garrahan, Town Attorney EXHIBIT No. 2 O0 0 ti7 •,x OUNDED 1 Contract Agreement , b,..\__ _1.--.- " A/,,) .) "0 C;`--natillt . ..,-, -, , . _- -32" is r., lir : ria T .. x= a t illo'iik644„ /<",- 71411111111111.111.---,-, 1 ''' Lit\tr)EF, A c21' TOWN OF ORO VALLEY ORO VALLEY WATER UTILITY DEPARTMENT 11,000 N La Canada Drive ORO VALLEY, AZ 85737 (520) 229-5000 CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES PROJECT TITLE: North La Canada "E" Zone Reservoir PROJECT NO.: OV- 20-05-06 This contract is made and entered into by and between the Town of Oro Valley, a municipal Corporation(the"Town") and Westland Resources. Inc. (the"Engineering 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 Engineering Consultant as follows: SECTION I—DESCRIPTION OF PROJECT See Exhibit 3 attached. SECTION II—SCOPE OF SERVICES See Exhibit 3 attached. SECTION III—PAYMENT SCHEDULE 1 C:\Documents and Settings\rjacklitch\My Documents\copied from c drivelEng Contract Prof Services OVWU W esti an dL aC ana daR esery o ir.do c The negotiated fee process was utilized for this contract. For services described in Section II of this Contract,the Town shall pay the Engineering fee as negotiated for two hundred forty eight thousand dollars ($248,000.00). Payment shall be made monthly on the basis of progress reports. Engineering Consultant must provide a 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. Payment shall be made thirty days from invoice submittal. SECTION IV—PERIOD OF SERVICE Following receipt of a Notice to Proceed with the work, the Engineering Consultant shall complete all services described in Section II within 180 calendar days after Notice to Proceed is issued by the Town. In the event delays are experienced beyond the control of the Engineering Consultant, the completion date may be extended by mutual written agreement between the Town and the Engineering Consultant. SECTION V—APPROVALS All work shall be subject to approval by the Water Utility Director or his designee. Engineering 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, Engineering Consultant shall undertake at its own expense the corrective adjustments or modifications. SECTION VI—INDEMNIFICATION The Engineering Consultant 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 Engineering Consultant's negligence or any subcontractor .mployed by the Engineering 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 negligence of the Town, its officers,agents or employees. The amount and type of insurance coverage requirements set forth in Section VIII will in no way be construed as limiting the scope of indemnity in this paragraph. SECTION VII—REPORTING Written monthly reports, together with updated work schedules, will be made by the Engineering 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 Engineering Consultant will attend Council meetings and provide finished documents including correspondence, supporting charts,graphs,drawings and colored slides for Council action. SECTION VIII—LIABILITY See Attachment A SECTION IX—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 started, a Change Order(s) shall be executed by the Town and the Engineering Consultant. Additions to, modifications of or deletions from the project may be made and the compensation to be paid to the Engineering Consultant may be adjusted accordingly by mutual written agreement of the contracting parties. It is agreed that no claim for extra work by the Engineering Consultant will be allowed by the Town except as provided, nor shall the Engineering Consultant do any work not covered by this Contract unless the LtlandLaC CADocuments and Settingslrjacklitch\My Documentskopied from c drive\Eng Contract Prof Services OVWU anadaR eservo i r.do c work is authorized through a Change Order. 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 Engineering 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 Engineering Consultant submits a request for a date extension for which work must be completed in a contract, a Contract Change Order should 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 Engineering Consultant, it binds the Engineering Consultant to complete the work by the extended date designated in the Contract Change Order. The Town can then file suit against the Engineering Consultant if the work is not completed by the agreed upon date. If there is more than one extension agreed to, each extension should follow the same procedure. SECTION X—TERMINATION The Town and the Engineering 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 Engineering 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 Engineering Consultant in writing and, immediately after receiving such notice, the Engineering Consultant shall discontinue advancing the work under this Contract and shall proceed to close operations. B. Upon termination or abandonment, the Engineering 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 Engineering Consultant shall apprise the work he has completed and submit his appraisal to the Town for evaluation. D. The Engineering 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 percentage of the Engineering Consultant fee described in this Contract under Section III and shall be in the amount mutually agreed to between the Engineering Consultant and the Town. The Town shall make this final payment within sixty (60) days after the Engineering Consultant has delivered the last of the partially completed items. SECTION XI—LIQUIDATED DAMAGES If the work to be performed by the Engineering Consultant under Section II of this Contract is not timely completed,the Engineering Consultant shall pay to the Town$ 430.00 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 180 consecutive days from the effective date of Town's Notice to Proceed to Engineering Consultant. For the purpose of determining applicability of liquidated damages(Section XI),completion time shall be extended only if delay in completion of the work by the Engineering Consultant results from an unforeseeable cause beyond the control and without the fault or negligence of the Engineering Consultant. 3 C:\Documents and Sett.ings\rjacklitch\My Documents\copied from c drive\Eng Contract Prof Services OVWU WestlandL aC anadaReservo ir.doc SECTION XII—ARBITRATION OF DISPUTES Any dispute arising under this contract that is not settled by the Town and the Engineering 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 Engineering Consultant and a representative mutually acceptable to the Town and the Engineering Consultant. The Town, however, reserves its rights as set forth in Arizona Revised Statutes, Title 12. The Engineering 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. 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 Engineering Consultant shall furnish the Town, upon request, originals or copies of technical specifications and copies of all documents listed above. The Engineering Consultant shall endorse by his professional seal all plans and engineering data furnished by him. Reuse of work product for any other project or purpose shall be at Town's sole risk. SECTION XIV—NO KICK-BACK CERTIFICATION The Engineering 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 Engineering 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, )rokerage 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 Contractor 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 Engineering Consultant may assign money due to him under terms of this Contract to a banking or lending institute. The Town shall assist the Engineering Consultant in performing the assignment by testifying to the progress of the work as may be required. 4 C:\Documents and Settings\rjacklitchlMy Documents\copied from c drive\Eng Contract Pref Services OVWU WesdandLaC anadaReservo ir.doc SECTION XVII-ENTIRE AGREEMENT Ifportion(s) of this Contract is (are) later found to be invalid or This is the entire Contract between the parties. any shall unenforceable, such portion(s) shall be null and void and without any effect on the rest of the Contract which continue in full force and effect. parties WITNESS WHEREOF, the have hereunto subscribed their names this day of 20 . TOWN OF ORO VALLEY: WESTLAND RESOURCES,INC.: By: I a , (A Mayor By: Vice President Date: Date: teD2 oc„ ATTEST: (If Corporation) ATTEST: f-�4---. . .40.111..- Town Clerk Secretary ,,,,,,,,,":7-' 42/ APPROVED AS TO FORM: WITNESS: (findividual or Partnership) Town Attorney Date: Date: State of Arizona ) ss. County of VA&) before me this sy`thday of6*.-Woer,SUBSCRIBED AND SWORN 20 64 by �. who is known to me or has satisfactorily been identifiedas the Vice President, and by 'Thomas A. (Y\aftua , Secreta who is known to e or has satisfactorily been identified as thery, both as duly Ma�� c. T t°rthe Engineering Consultant. agents o signon behalf of 1,3estian escurcr�Sto bind and obligate g g .1) • ', i V\ , Voil.0 authorized Notary Expires: \a`I`s- co ---� '"" My Commission p - C l A L SEAL ;Y 1*1r1:, r.:r1 r-c.. rt-- M p O t SEL k t i ic%-:„.iw_ 7,2 7-1 4.1.,-):,:\-1,1 0.-IL.j-ii.:‘,--:;:.,,,,,I:i„ 1 c.6.1AN5RT,t zy200N0A7 h , Q:Uobs\200 s\206.02\2006\Eng Contract Prof Sci'vices OVWU We tlanclLaCanadaRe;;c oir.doc; 5 ATTACHMENT A The Engineering 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 Engineering Consultant will provide satisfactory certificates on the required insurance coverage before beginning work. 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 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 will 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, Engineering Consultant agrees to indemnify, defend, and save harmless the Town of Oro iiipi/ralley, its Mayor and Council, appointed boards and commissions, officials, officers, employees, individually and collectively, om 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 Engineering Consultant or of any subcontractor employed by the Engineering 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 Engineering Consultant for the work performed. Engineering 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 Engineering 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 Engineering 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 Engineering Consultant or any subcontractor employed by the Engineering Consultant (including bodily injury and death) or damages to any property, arising or alleged to have arisen out of the negligent performance of the Engineering 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 C:\Documents and Settings\rjacklitch\My Documents\copied from c drive\Eng Contract Prof Services OVWU WestlandLaC anadaReservoir.doc , DATE(MM/DD/YYYY ) ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID DSIWSTL-1 l 10/17/06 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PRODUCER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P.O.uckBy Ins & Assoc Agencies ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PBox 7020 Phoenix AZ 85011-7020 NAIC# Phone: 602-264-5533 Fax: 602-279-9336 INSURERS AFFORDING COVERAGE INSURED INSURER A: XL Specialty Ins Co 37885 -did INSURER B: INSURER C: WestlanBroadwarc#202nc 2343 E INSURER D: Tucson AZ 8571 INSURER E: COVERAGES STAN G THE POLICIES IES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. DIC MAY NO WITH OR DING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CER Y PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH MA , POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE POLICY EXPIRATION LTR INSR POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/YY) LIMITS LTR INSRq TYPE OF INSURANCE EACH OCCURRENCE $ GENERAL LIABILITY DAMAGE 1 U KEN 1 EU PREMISES(Ea occurence) $ COMMERCIAL GENERAL LIABILITY MED EXP(Any one person) $ CLAIMS MADE OCCUR PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS-COMP/OP AGG $ GE 'L AGGREGATE LIMIT APPLIES PER: lPOLICY JE LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO ALL OWNED AUTOS BODILY INJURY $ (Per person) SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $ (Per accident) NON-OWNED AUTOS PROPERTY DAMAGE $ (Per accident) AUTO ONLY-EA ACCIDENT $ _ GARAGE LIABILITY EA ACC $ OTHER THAN ANY AUTO AUTO ONLY: AGG $ 1 EACH OCCURRENCE $ $ EXCESS/UMBRELLA LIABILITY AGGREGATE IOCCUR CLAIMS MADE $ $ DEDUCTIBLE $ 1 RETENTION $ WC STATU- 1OTH- TORY LIMITS 1 l ER 1 WORKERS COMPENSATION AND EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.DISEASE-EA EMPLOYEE $ OFFICER/MEMBER EXCLUDED? If yes,describe under E.L.DISEASE-POLICY LIMIT $ SPECIAL PROVISIONS below OTHER DPR9415742 04/01/06 04/01/07 per claim 2000000 A Prof Liability aggregate 2000000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Professional Liability - Claims Made - Retro date 2-26-97 : ProjJect#OV-20-05-06 North LaCanada (E) Zone Reservoir *Except 10 days for non-payment of premium CERTIFICATE HOLDER CANCELLATION OROVA-2 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 Robert Jacklitch IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENT! 11000 N La Canada Drive REPRESENTATIVES. Oro Valley AZ 85737 AUTHORIZED REPRESENT I E /cFAA,/ ©ACORD CORPORATION 198E ACORD 25(2001/08) CERTIFICATE OF INSURANCE This certifies that ® STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois ❑ STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois ❑ STATE FARM FIRE AND CASUALTY COMPANY, Scarborough, Ontario ❑ STATE FARM FLORIDA INSURANCE COMPANY,Winter Haven, Florida ❑ STATE FARM LLOYDS, Dallas, Texas ares the following policyholder for the coverages indicated below: Name of policyholder WESTLAND RESOURCES, INC. Address of policyholder 2343 E BROADWAY BLVD, STE 202, TUCSON AZ 85719 Location of operations Description of operations ENGINEERING & ENVIRONMENTAL CONSULTING The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these policies is subject to all the terms exclusions, and conditions of those policies.The limits of liability shown may have been reduced by any paid claims. POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date Expiration Date (at beginning of policy period) Comprehensive BODILY INJURY AND 93-B5-6005-0 Business Liability 03/17/06 03/17/07 PROPERTY DAMAGE This insurance includes: ❑ Products-Completed Operations ® Contractual Liability ❑ Underground Hazard Coverage Each Occurrence $ 1,000,000 • Personal Injury ®Advertising Injury General Aggregate $ 3,000,000 ❑ Explosion Hazard Coverage ❑ Collapse Hazard Coverage Products—Completed $EXCLUDED ® HIRED AUTO Operations Aggregate Z NON-OWNED AUTO POLICY PERIOD BODILY INJURY AND PROPERTY DAMAGE EXCESS LIABILITY Effective Date Expiration Date (Combined Single Limit) 93-B4-0192-5 ® Umbrella 10/26/06 10/26/07 Each Occurrence $ 5,000,000 ❑ Other Aggregate $ 5,000,000 MOW Part 1 STATUTORY Part 2 BODILY INJURY Workers'Compensation and Employers Liability Each Accident $ Disease Each Employee $ Disease-Policy Limit $ POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date ; Expiration Date (at beginning of policy period) THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. If any of the described policies are canceled before its expiration date, State Farm will try to mail a written notice to the certificate holder 30 days before Name and Address of Certificate Holder cancellation. If however, we fail to mail such notice, no, obligation or liability will be imposed on State ORO VALLEY WATER UTILITY Farm or i gents or representatives. 11000 N LA CANADA DR. ORO VALLEY, AZ 85737 6 14. , Signature of Authorized epresentative AGENT 10/17/06 Title Date Agent's Code Stamp AFO Code tint r; 1450 558-994 a.3 04-1999 Printed in U.S.A. G Gky irzl TUGS0 " 10/18/06 14.•26 FAX 480 293 7925 STATE FARM QUOTE Z001 FE-660 LR Policy No. 93-B5-6005-0 • .tali MIA SECTION 11 ADDITIONAL INSURED ENDORSEMENT Policy No.: 93-135-6005-0 Named Insured.. WESTIAND RESOURCES INC Additional Insured(include address): ORO VALLEY WATER UTILITY CI0 ROBEt T JhCKLYTCH 11000 N LAGAN ADR ORO VALLEY AZ $5737 d is amended to include as an the SECTION II DESIGNATION OF INSURED, das Insured insured the WHO IS AN INSURED, under extent that liability is imposed on that Additional " Tonal Insured shown aboVe, but only to•the shown above. Additional workly performed for that Additional Insureds a because of your made or a suit brought for and apply with respect to a clam Y Any insurance provided to the Additional Insured shall damages for which you are provided coverage_ when there is an"X"in the box_ The PrimaryInsurance coverage below appl1es only primary Additional Insured shown above shall be PrimaryInsurance. The insurance provided to the A noncontributory with respect to su n . Any carried bythe Additional 1nsUTed shall be no insurance. Any insurance coverage provided to you. All other policy provisions apply. Printed in USA FE-6609 OCT-26-2006 THU 11 :21 AM FAX NO, P. 02 bck• 'of Arizona lV/ZO/ZU0b U:i z:11 i Ari PAVG vvG!vvG I'm', •... • ii..,...::J.-:•.,..:. •::.:..:.:-.....::• .-..::....... . • ```. - -- 4(:• .S : na fWr q •:.:-....7-....- .17.7:71.77:437 ; • ". • : Certificate of Insurance . Certificate Mailed To: Name of Insured: - • '. ••' . - • : • - - - : -" ;•-•••••;-..•' . : W'ES [AND. UR $.NC .• . ' ::TOS:OF::0*0 17WAY . • •:•••i•• •... .: - , :234 E•.. •. • " B1v . .' 1.1000.N:.:iii C • : •'•• - . :...!Sta::2o2- .-.: ... . .' 0 :VA T . : 851:3`x' • •• •- • :Ttson AZ:85119:.. . . . :... - : _' .-•• : :... : 'rate iite :(kE.....::.. -...:'t?16 - • • _ .•. . - .... :'C =Numb::69.:..: • 0. :::: : ' • .'..:•: • ':Policy.Nur er: :.•2a 4:. ... . ..: . ... .. - - . . ' ...O id Date::- :::. :.0271.19977 ."•:' . . :• .•- . '. .:...':: :•Lta�biiity:til its:: .i 1000/1.040/1000 ..: -••: . . : • :•... -'- ::'.: •-•- •..: ...: : .. ': _:'...::8 d::muted) Prom:0f 0ovora90.. . : ::. . : ..- . . Eng ioeeringiArchitec€s'._ :Var•ous:AZ-Loi ions _ - • -. : -: .. : :-- ':... ..... _' Job...Nt rubel"::::: ... : . 44.0.tfof • : _.. ..:..._ :'. :' :• _.. • :,. ... . Should the above:pnhic-be canceled.by the.State:C irr�pensatiori=rand beton the expiration:date.thereof, the State:Compensation Fund wilt-erndeavorto-mall:0.0-.0*piii,000:ii0e.;t .it14:o :�:iia d:Ce cate Holder,bu til►re.to rail:such_notice shall impose rio:< iitgati�ori-ar1tabih rof.any kind:uipon:the- to Compensation Fano.:.::-: -. : - . •: • : ".• _.:... . :.. - '• :.:..:: '.: .•'• . ..: :':: ;. . •. • - • •, .. .. .. .R:- :.Wit. . . ... . - - r 1. This-Certificate,is:issue•d:as'a:matter of.infvrmation Dray:and confers no fights ipoi-rttf a certificate holder. This certii to does not:amend extend or alter the-:, 'ei a afforded_ y:.t e polIcy,itsted hereon. This is to certify a workers'eompensation•policy.has been:Issued:to the. psured.listed.hereon a =is:In.force.fo�r the period • • Certiii0:0 :Isaii gi• . . . :.'. .•..:.. , . •- . - ......� . -: • • 110K�:Ni=La-Canadai Dr : : •. . ..•'• • ••- . : ': .. .. =f:,...):-.- .:Y. .... .. (3rOMIWYAZii:0'...i. P-1 i•: '::• : '.:: : -' ••. •. .... .. . • ..• • :: :.'ti tfior adReprese vt . ,. e1-810 01►2a2Oo6 EXHIBIT No. 3 ul-EY A 00 o�- ti"7 +.L.ffYyfFllle' 11111) uNDED Engineer's Proposal i l) . ri WestLand Resources, inc. Engineering and Environmental Consultants • September 12, 2006 Mr.Robert Jacklitch,Project Manager ORO VALLEY WATER UTILITY 11000 N. La Canada Drive Oro Valley,Arizona 85737 RE: PROPOSAL FOR PROFESSIONAL ENGINEERING DESIGN, ENVIRONMENTAL PERMITTING, BIDDING, INSPECTION, AND CONSTRUCTION PERIOD SERVICES FOR THE PROPOSED NORTH LA CANADA"E"-ZONE RESERVOIR WESTLAND PROPOSAL NO. P4448.06 Dear Mr. Jacklitch: In accordance with your request, WestLand Resources, Inc. (WestLand) is pleased to provide the Oro Valley Water Utility (OVWU) with a fee proposal for the professional engineering, environmental, and landscape architectural consulting services for the new North La Canada "E"-Zone Reservoir. The proposed facility will consist of a new 2.2 million gallon (MG) concrete hopper-bottom reservoir, site grading, masonry screen wall, and electrical control equipment required for system integration and provisions for two future booster stations at the site. Our proposed services include professional environmental services required to obtain the appropriate Clean Water Act Section 404 permit coverage for the project and a Native Plant Preservation and Landscaping Plan. It is our understanding that engineering design for the off-site"E"-Zone pipeline will be performed under separate contract. Our proposal is divided into multiple tasks to reflect the specific activities for each professional discipline required to complete the project. Detailed descriptions for each task are listed herein. TASK 1.0-PRE-DESIGN SERVICES WestLand proposes to provide a Pre-Design report for the North La Canada "E"-Zone Reservoir project. WestLand will review the site topography and available property to evaluate various reservoir shapes and orientations to determine the best reservoir and booster station configuration for the site. Up to three concept site layouts will be prepared for review by OVWU. WestLand also proposes to evaluate alternatives for reservoir construction for below-ground hopper-bottom concrete and pre-stressed concrete reservoirs. Structural considerations related to the type of reservoir roof, framing system, column layout, foundations, joint configurations and inlet/outlet configurations will be evaluated. The evaluation will also consider aesthetic impacts and constructability. WestLand will analyze the costs and benefits for the alternatives, and will provide an Opinions of Probable Construction Costs (OPCC) for each design alternative. WestLand will review the proposed pipe alignment topography, and the elevations at the existing High Mesa "E"-Zone Reservoirs, and provide a reservoir base elevation capable of utilizing the full capacity of the reservoir. The Pre-Design report will be provided to Pima County Department of Environmental Quality(PCDEQ) for review and approval with the plans. Based upon the above-described services, WestLand proposes to provide the Task 1.0 Pre-Design Services for a lump sum fee of$25,000. Q:1Proposals14448 North La Canda E Zone Res prop TAM.doc 2343 E. Broadway Blvd., Suite 202 ' Tucson, AZ 85719 • 520.206.9585 Fax 520.206.9518 Mr.Robert Jacklitch September 12, 2006 Page 2 TASK 2.0 -PROFESSIONAL DESIGN SERVICES WestLand oses ro to provide construction drawings and specifications to OVWU Arizona Department p p Standards for (AWWA)of Environmental Quality (ADEQ) and American Water Works Association public bidding of the proposed facility. Our project team includes several engineering disciplines, which are listed specifically in the following tasks. 2.1. PROFESSIONAL LAND SURVEYING SERVICES WestLandropose to provide a reservoir site survey for topography, culture, and control, using aerial and p on-the-ground techniques. The land survey will provide a base map showing all existing culture associated with the proposed project site. Digital aerial photography will be provided for use in civil design as well as environmental permitting. The topographic survey and aerial mapping will cover the entire reservoir site and approximately 100 feet outside the site. The survey will also include all property and easement research necessary to adequately depict the property lines for the engineering design. The survey will include bluestake and utility information as available during the field work. Topographic information will include spot elevations and contours at 1-foot intervals. All visible improvements, including above ground facilities will be depicted. The surveying services will also include survey of the High Mesa"E"-Zone reservoirs,to confirm the highwater elevation for use on this project. 2.2. SITE CIVIL ENGINEERING WestLand proposes to provide plans and specifications for the site civil work associated with the proposed reservoir and future booster stations. The site civil design will include the site layout, grading and drainage plan, paving and access road for the new 2.2 MG below-ground concrete reservoir. The plans and specifications will be prepared in accordance with applicable standards for the selected reservoir construction type. The plans will include valving layout and sizing, and piping plans, sections and details for a below-grade valve vault. The piping and layout will be designed to accommodate future F Zone and G Zone vertical turbine pump booster stations. The design will include reservoir appurtenances, including reservoir fill structure, overflow piping, stairs and handrails, access hatches and reservoir level indicator in accordance with AWWA Standards and PCDEQ requirements. Construction drawings will include a flow diagram, and reservoir and site cross sections. 2.3. STRUCTURAL ENGINEERING WestLand proposes to provide professional structural engineering services required for the design of the new 2.2 MG concrete reservoir. A preliminary concept design will be prepared based on analysis of the framing system, column layout, foundations,joint configurations, and inlet/outlet details, and presented to OVWU for review and approval. After approval by the OVWU, detailed structural design for the reservoir and other site structures will be provided. Although the full scope of the required structural design will be based on the decisions made during the pre-design phase, the anticipated individual design tasks for the reservoir design for this proposal are based upon a 2.2 MG concrete hopper-bottom reservoir with galvanized steel framing and aluminum roof deck. Structural design will include the roof structure, construction joints, outlet and overflow structures, and wall penetrations. The structural design will also Q:\Proposals\4448 North La Canda E Zone Res prop TAM.doc Mr. Robert Jacklitch September 12, 2006 Page 3 include a below-grade utility valve vault, site masonry wall design and details, and required structural specifications. Structural calculations will be included with the design, along with structural quantities and a construction cost estimate. 2.3. ELECTRICAL ENGINEERING WestLand proposes to provide electrical design services relating to the installation of the required control equipment at the site. The electrical design will include reservoir level monitoring, security monitoring equipment, and telemetry equipment to transmit level and intrusion alarms to the Town's existing central monitoring computer. It is anticipated that three-phase power will be brought to the site along with the off-site pipeline, and this design will include the required single phase service for the reservoir controls, as well as provisions for the future three-phase service for the booster stations. The design will include specifications for the required control modifications to incorporate the new North La Canada "E"-Zone reservoir into the"E"-Zone system. WestLand proposes to work with OVWU staff for logic scenarios for multiple reservoir controls within the"E"-Zone. 2.4. GEOTECHNICAL INVESTIGATION WestLand proposes to obtain information about the subsurface conditions by contracting with a ''` geotechnical engineering firm to provide test borings and soils analysis. The geotechnical engineer anticipates providing two test borings to 50 feet in depth, or until auger refusal. The field engineer will observe the borings and log the soils that are encountered. Disturbed and undisturbed samples will be obtained at frequent intervals in the borings for laboratory testing. Laboratory tests will be performed as considered necessary for engineering analysis. The laboratory testing will verify the field classifications, tests for moisture content, dry density, particle size distribution,plasticity, strength, compressibility, and swell as appropriate. Engineering analysis of data collected in the field will be combined into a geotechnical evaluation report with supporting appendices. Included in the report will be test logs, laboratory test results, discussion of the foundation system recommended for the project, estimated foundation settlements, bearing pressures and capacities, foundation depths and geometries, and criteria for design for the resistance of lateral loads and guide specifications for grading and foundation construction. 2.5. COORDINATION AND QA/QC Throughout the design, WestLand will coordinate between the various disciplines to prepare the plans and assemble the final construction documents, consisting of plans, specifications, and reports as described for all the disciplines. The OVWU will be provided with a review set of plans at several stages during the design. A number of internal QA/QC reviews will occur during the course of the design, including a constructability review by WestLand's field inspection department. An Engineer's cost estimate will be prepared. Q:1Proposalsl4448 North La Canda E Zone Res prop TAM.doc Mr.Robert Jacklitch September 12,2006 Page 4 2.6. DESIGN SERVICES FEE WestLand proposesprovide the services listed in Task 2.0 Professional Design Services for a lump to sum fee of$130,000. TASK 3.0 — CLEAN WATER ACT SECTION 404 PERMITTING AND NATIVE PLANT PRESERVATION PLAN/LANDSCAPING SERVICES p The following is a scope of work and estimated cost for Clean Water Act (CWA) Section 404 permitting support for the North La Canada Reservoir. Based our review of recent aerial photography, it appears that feature ispresent on the parcel. If this feature is jurisdictional and will be impacted by the an erosional construction project (pipeline or storage tank), a CWA permit for impacts to waters of the United States p �will be required. Additionally, compliance with the Oro Valley Native Plant Preservation Ordinance Y (NPPO) is required. Permitting Strategy/Assumptions: un-named wash within the project area is not jurisdictional but will be impacted by the 1. One p storage tank construction project. 2. If the jurisdictional,wash is determined to be the pipeline crossing will qualify for a Nationwide Permit 12 (UtilityLine Activities) and the storage tank will qualify for NWP 39 (��TWP) (Residential, Commercial and Institutional Developments). 3. If a NWP is required,a Biological Evaluation(BE)will be required for the project area. 4. If a NWP is required, a Class III cultural resource survey for the project area will be necessary to meet either CWA consultation requirements or Arizona State Museum reporting requirements. plant 5. survey,native A Native Plant Preservation Plan(NPPP), and landscape architecture services are necessary to address visual impacts. 3.1. JURISDICTIONAL DELINEATION of this task will be to identify the jurisdictional status of the un-named wash along the The purposeary western parcel boundary. Field verification of this assumption is required. WestLand will conduct a site mare conditions alongthe wash with those depicted in the current aerial photograph, and visit to compare . on a preliminarybasis if the wash is jurisdictional. If determined to be not jurisdictional, we determine will prepare a memorandum to that effect for your files. If potentially jurisdictional, the delineation will on the aerialphotograph suitable for submittal to the Army of Corps of Engineers (Corps), be mapped along with a brief technical memorandum and site photographs. 3.2. BIOLOGICAL EVALUATION WestLand proposes to conduct a biological evaluation of the project area to support the project and to p permitting meet the ermittin requirements of the CWA Section 404 permit. The purpose of this task will be to evaluate the potential for occurrence of species listed as threatened or endangered to occur within the project ct area and determine if adverse impacts may occur as a result of the proposed development Q:\Proposals\4 48 North La Canda E Zone Res prop TAM.doc Mr. Robert Jacklitch September 12,2006 Page 5 activities. The U.S. Fish and Wildlife Service (USFWS) maintains a list of such species for each county. WestLand will obtain the most recent list of species for Pima County for consideration in the BE. We will submit a request to the Arizona Game and Fish Department to conduct a search of the Heritage Database Management System to determine if other species of concern are known from the vicinity of the Project Area. A field visit will be conducted to determine the habitat types present at the site to assist in the evaluation of the potential for occurrence of any sensitive species. The results of the screening analysis will be documented in the BE with a more detailed analysis of those species identified as potentially occurring in the area. The BE will support the determination of potential adverse effects to any special status species and provide recommendations for additional surveys. 3.3. CULTURAL RESOURCES SURVEY A Class III cultural resources survey of the project area will be required to meet either inter-agency consultation requirements under the CWA Section 404 permitting program (Corps and State Historic Preservation Office [SHPO]) or simpler reporting requirements for the Arizona State Museum (ASM). WestLand proposes to complete the survey and prepare the appropriate report. A separate proposal may be required for National Historic Preservation Act (NHPA) Section 106 compliance support (consultation between SHPO and Corps). 3.4. CLEAN WATER ACT SECTION 404 NATIONWIDE PERMIT PRECONSTRUCTION NOTIFICATION glop In anticipation that total project impacts to waters of the United States will be less than 0.5 acres, WestLand has assumed that the project will qualify for an applicable NWP authorized by the Corps. Assuming that the impacts will exceed the non-notification threshold of 1/10th acre, we anticipate the need to submit a Preconstruction Notification (PCN) to the Corps. For NWPs 12 and 39, the PCN required by General Condition 13 shall be in a form of a letter and shall contain the following information: (1) Name, address, and telephone numbers of the prospective permittee. (2) Location of the proposed project. (3) Brief description of the proposed project, the project's purpose, direct and indirect adverse environmental effects the project would cause, and any other permit(s) used or intended to be used to authorize any part of the proposed project or any related activity. Sketches (provided by the project engineers and planners) will be provided to show that the activity complies with the terms of the NWP. (4) For NWPs 12 and 39, the PCN must also include a delineation of affected special aquatic sites, including wetlands, vegetated shallows (e.g., submerged aquatic vegetation, seagrass beds), and riffle and pool complexes. (Special aquatic sites are not anticipated to be present on the property). (5) The NWP 39 PCN requires a written statement explaining how avoidance and minimization for losses of waters of the US were achieved. (6) The NWP 39 PCN also requires a compensatory mitigation proposal to offset losses of waters of the US or justification explaining why mitigation is not required. (7) For activities that may adversely affect federally-listed endangered or threatened species, the PCN must include the name(s) of those endangered or threatened species that may be affected by New Q:\Proposals14448 North La Canda E Zone Res prop TAM.doc 1 Mr.Robert Jacklitch September 12,2006 Page 6 the proposed work or utilize the designated critical habitat that may be affected by the proposed work. (8) For activities that mayaffect historic properties listed in, or eligible for listing in, the National Register of Historic Places, the PCN must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property. The PCN will berep ared using existing resource reports that have been prepared by the project team or p that are part of other tasks listed herein. 3.5 NATIVE PLANT PRESERVATION,SALVAGE,AND MITIGATION PLAN As required bythe Town of Oro Valley, WestLand proposes to prepare a Native Plant Preservation, Salvage, and Mitigation Plan for submittal to the Town of Oro Valley. This task will include inventory evaluation of individualplants on site that will be impacted by the construction. The plan will and identify plants to be transplanted as well as give calculations for any required mitigation planting. All inventoried plants will be tagged with identification numbers. 3.6. LANDSCAPE ARCHITECTURE Landscape architecture services will be provided into two sub-tasks as follows: 3.6.1 Planting and Irrigation Plans As required bythe Town of Oro Valley, WestLand will prepare site planting and irrigation plans for submittal to the Town. This task will address Town requirements for native plant transplant and mitigation requirements, as well as required bufferyard planting, screening and seeding. WestLand also proposes to prepare complete irrigation plans for new plantings. 3.6.2 Screen Wall Design/ Graphic Presentation WestLand proposes to prepare alternative screen wall designs for the perimeter of the new plant site. p p p p These alternatives will be reviewed with the client to select the preferred alternative. A rendered presentationgraphic a hic of the wall alignment and an elevational view will be prepared for the selected alternative. The required detail in the scope of work for the Section 404 permitting will vary greatly depending upon the findings s of the initial Jurisdictional Delineation. Therefore WestLand proposes to provide the under Task 3.0 for the project on a time and materials basis per attached rates with an estimated servicesp J budget of$20,000. TASK 4.0 - CONTRACT ADMINISTRATION, AGENCY COORDINATION AND PROJECT MANAGEMENT Q:\Proposals,,4-448 North La Canda E Zone Res prop TAM.doc Mr. Robert Jacklitch September 12,2006 Page 7 Our scope of services for this task is based upon our experience in implementing projects for the OVWU and meetings with OVWU staff regarding expected levels of effort for project management. The expected levels of staff effort for these services by task for appropriate personnel are as follows: STAFF WORK EFFORT MATRIX Project Project Project Technician/ Project ... rod ec Manager Engineer Scientist Inspector Administration Task Identification - (Hours) (Hours) (Hours) (Hours) (Hours) Coordination and Meetin:s 40 60 40 - 4 Pre-Bid Meeting 2 4 6 2 2 Issue Addenda(If Required) 2 2 4 - 1 Bid Related Q&A 2 5 5 5 - Bid Opening 2 2 - - 1 Bid Tabulation 1 1 2 - 1 Review Submittals - 5 5 10 4 Technical Resolutions - 20 20 20 5 Pay Request Evaluations - 8 8 20 4 Final Walk Through - 5 - 5 - klIPP `As Constructed' Drawings 5 5 5 10 - Engineer's Certificate of Completion 2 2 - 5 2 Final PCDEQ Submittal 2 2 - 2 2 Sub-Total 58 121 95 79 26 Due to the fact that it is difficult to quantify the level of effort required for all of the tasks listed above, we propose to provide the services listed for this task on a time-and-materials basis per the WestLand's current rate schedule (attached). Using the staff requirements shown above, our fee is estimated to be $38,567. We propose to provide these services on a time-and-materials basis per the attached rates with a budget of$43,000,which budget includes reimbursable items such as reproductions and mileage. TASK 5.0- CONSTRUCTION INSPECTION Due to the special nature of the improvements proposed, WestLand proposes an extensive effort to fully inspect the project for the water utility and submit an Engineer's Certificate of Completion to the Arizona Department of Environmental Quality. We propose to provide civil, structural, and electrical inspection services for the entire project. Our inspectors will spend an average of 20 hours per week for the inspections throughout the project duration. Based upon the above-described services, WestLand proposes to inspect the project for a lump sum fee of $30,000. vow Q:\Proposals\4448 North La Canda E Zone Res prop TAM.doc 1 Mr.Robert Jacklitch September 12,2006 Page 8 SUMMARY A summary of the tasks described above are as follows: Task Cost Task 1. Pre-Design Services $ 25,000 Task 2. Professional Design Services $130,000 Task 3.Clean Water Act Section 404 Permitting,Native Plant Preservation,and $ 20,000 Landscape Architecture Services Task 4. Contract Administration Agency Coordination and Project Management $ 43,000 Task 5. Construction Inspection Services $ 30,000 TOTAL $248,000 WestLand appreciates the opportunity to provide this proposal to the OVWU and hopes to continue our workingrelationshipon this and future projects. If you have any questions regarding our scope of services, or if additional information is needed,please do not hesitate to contact me. Respectfully, WestLand Resources, Inc. V.A:swvalAnnaA;.,A...a, Thomas A. Martinez, P.E. Principal TAM:rc Attachment: Billing Rate Schedule cc: Christopher Rife, Senior Project Manager,WestLand Resources, Inc. Rick Schonfeld, R.L.A,WestLand Resources, Inc. Mark Chenault, Senior Archaeologist,WestLand Resources,Inc. Q:\Proposals\4448 North La Canda E Zone Res prop TAMdoc .4111110. EXHIBIT No. 4 PLLEY';i4 O� 17 • . /(b LADED Location Map _ -M�; ' ! f f I . Ire 1,•-, {-,'—r - _ I 111 .----4/--X./ a f t I . 41.1t ;,i tl N .. ,)I , .i _ , , 6..____/\Ayt voiii _ c�., t,�r ` La1 ::,‘ ,,,,..., , ., . - . ,ir 1 s /z • i• i i i J i '; :t iN Ili i W-0)-1,.. ' •NEIGHBORHOOD 10 T\ ' -.1 --;42.'‘‘ �..__ •t • PARCEL A . 'i. ',..:3. . •-,•. . ! ;hot , . . 1..-. 1 i tr -_ - -(iiii -t i % s • - - \,,', . /.. ,...•-.,:k.i' -4i.—. _____--L_" - i?"1 ,-‘,--:-/-4- i ,p, , rill ‘...,....te: \,__J_I 1." ) _J.. — • ... Fi . , - •7,:.!. ‘,....::::. ... ix. ( k\t - ,. \.. .\—, _„... ‘ fr.'''. 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")-1'~.-j_-. i' .... , ....„--- 1 , wc:s/t..arat Re_soiirces inc. 1 RESERVOIR . „.......,.: '^- . ' L•v_. I Su;t+1 :•ti-_' • i••:::-': -•:r.;— t 1 Y4 Date: October 24,2006 WestLand File No.: 98000 Noisy PickupX ' WestLand Resources, Deliver Mail Inc. Engineering and Environmental Consultants 2343 East Broadway Boulevard.,Suite 202 By: The Runner Tucson,Arizona 85719 (Client to Pickup,Name of Courier or In-house Ph: (520)206-9585 Fx: (520)206-9518 Delivery;FedEx with Type, USPS Regular, USPS Priority, or USPS Certified Mail;etc.) TRANSMITTAL TO: Mr. Robert Jacklitch OVWU FOR YOUR: 11000 N. LaCanada Dr. Information Oro Valley,Arizona 85737 Use X Signature FROM: Thom Martinez,P.E. Stamp Review RE: North La Canada"E"Zone Reservoir—OV—20-05-06 Approval File SENT: Per Your Request Other(see comments) As Requested By: ATTACHED: Copies Originals Copies Originals Contract for Professional Engineering Services—Executed 1 by WestLand Your Redlines Check Comments: 11110E: Project file If Delivered or Picked Up: rc Received by (Signature/Print Name) Date Q:\MAIL transmittals\Jacklitch,Robert.doc Revised 8-10-01 f: I COUNCIL COMMUNICATION TOWN OF ORO VALLEYMEETING DATE: December 6,2006 0: HONORABLE MAYOR& COUNCIL FROM: Philip C. Saletta, Water Utility Director David F. Ruiz, Engineering Division Manager SUBJECT: Resolution No. (R) 06- 99 A Resolution of the Mayor and Council of the Town of Oro Valley, Pima County, Arizona, Authorizing and Approving a Contract with EEC, Inc. for Professional Engineering Services for designing the Highlands Water Main Replacement. SUMMARY: This project is to design water main replacements for The Highland's subdivision. The project will install approximately 16,600 linear feet of 8-inch, 6-inch and 4-inch water mains within existing private right-of-ways and will relocate approximate 250 existing water meters from the alleys on the back side of the lots to the existing private right of ways on the front side of the lots. Fire hydrants will be installed approximately every 500 feet and will provide fire protection which currently does not exist. The Utility will meet with residents to evaluate the new water service line to their homes and provide plans for their approval. Professional engineering design service includes 9 separate tasks: 1. Project Management - coordination with staff and residents, prepare project schedules tallow and facilitate public meetings. 2. Surveying: provide aerial photography, topographic maps and boundary surveys. 3. Utility Coordination: research and coordination services with utility companies located in the private streets. 4_ Pipeline Deo: provide civil engineering services to prepare construction documents for public bidding. 5. Design Report: prepare design report and submit to PDEQ for"Approval to Construct. 6. Private Service Relocation: meet with individual residents and evaluate private service location. 7. Contract Preparation: prepare contract for public bidding, include project specifications, construction details and methods of work. 8. Well Abandonment: Prepare plan for well abandonment and submit to ADEQ. 9. Construction Management: prepare agenda for construction meetings, review shop drawings, and resolve construction conflicts. This project will be designed in accordance with OVWU standard specifications, American Water Works Association and Tucson Water standards. The OVWU staff selected EEC, Inc. based on a Request for Qualifications process in accordance with Town code and State law. They were rated on project understanding, project approach, team and firm's capabilities. The negotiated fee is $249,428.00. btilliriSCAL IMPACT: Funds available - u ds area allable in the OVWU 2006 2007 Budget. RECOMMENDATIONS: Staff respectfully recommends award of this contract to EEC, Inc. through the adoption of the attached Resolution (R) 06-99 ATTACHMENTS: No. 1: Resolution No. (R) 06- 99 No. 2: Exhibit No. 2, Contract Agreement No. 3: Scope of Services No. 4: Location Map SUGGESTED MOTION: The Mayor and Council may wish to consider one of the following motions: I move to approve the Resolution (R) 06-99 A Resolution of the Mayor and Council of the Town of Oro Valley, Pima County, Arizona Authorizing and Approving a Contract with EEC, Inc. for Professional Engineering Services to design The Highland's Water Main Replacements. or move to 4/( Engineering Division anager );,4lam; Water Utility Director Town Manager ATTACHMENT NO. 1 �PL�EYq,Q� O O Off'- tti VNDED Resolution RESOLUTION NO. (R) 06- 99 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, PIMA COUNTY, ARIZONA AUTHORIZING AND APPROVING A CONTRACT WITH EEC, INC. FOR PROFESSIONAL ENGINEERING SERVICES TO DESIGN HIGHLANDS WATER MAIN REPLACEMENTS. 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, the Head of the Town Water Department requested professional engineering services to design The Highlands Water Main Replacements; and WHEREAS, the Oro Valley Water Department followed state and Town procurement procedures and selected EEC, Inc. based upon a number of factors, to include project understanding, project approach, team and firm's 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 No. 2 and incorporated herein by this reference, with EEC, Inc., and that the Mayor and Council of the Town of Oro Valley authorize and approve the contract. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Town of Oro Valley, Arizona, that the contract (attached hereto as Exhibit No. 2) between the Town of Oro Valley, Arizona, and EEC, Inc. is authorized to be signed. 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 6TH day of DECEMBER , 2006. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn Cuvelier, Town Clerk Melinda Garrahan, Town Attorney ATTACHMENT NO. 2 O O oQ- UNDED Exhibit No. 2 Contract Agreement i �'`f i_ r t a _ :',,,,k;:,--%.'' ......,,,,<„,>..... ',..,:"1,/ , .., , 1f t - 7'. { ^r 7-7-----„. � 5� �i,l _ E t - �,..fit y , ,,. A:7-,--",:t—:-- i.:4;„,, ::::%-%-:---'—..--, ' N' TOWN OF ORO VALLEY ORO VALLEY WATER UTILITY DEPARTMENT 11,000 N La Canada Drive ORO VALLEY, AZ 85737 (520) 229-5000 CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES PROJECT TITLE: Mainline Replacement Design—Highlands Subdivision PROJECT NO.: OV-OV21-02-06 This contract rsmade and entered into byand between the Town of Oro Valley,a municipal Corporation (the"Town") and g En ineerin and Environmental Consultants, Inc. (EEC) (the"Engineering Consultant"). Engineering WITNESSETH: own Council/Town Manager of the Town of Oro Valley are authorized and empowered WHEREAS, the Mayor and T g 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 Engineering Consultant as follows: SECTION I—DESCRIPTION OF PROJECT The project consists of designing Highlands Hi hlands Subdivision Mainline Replacement Project. 8-inch, 6-inch, and 4-inch diameter waterlines totaling approximately16,600 lineal feet and individual home connections within the Highlands ' ' redesigned. The project area is north of Lambert Lane within the southern half of Section 12, subdivision will be 13 east. The entire Highlands subdivision is supplied water from wells C-1, C-2, and two Township 12 south, Rangeg 6" pip elines connecting to the 12" main in Lambert Lane. This project will design new waterlines to replace these old j andprovide the existingsubdivision with improved water pressure, reliability, and fire and undersized waterlines protection. 111 i SECTION II—SCOPE OF SERVICES See attached scope of work from EEC dated September 19, 2006. 1 1:\WaterWasteWater Group\ORO VALLEY WATER REPLACEMENT\Doc\Proposals\Eng Contract Prof Services OVWU 0910043.doc .s,_:.:._ w ,_- r :.... _.,, _ _ate_,-- —.. . _, SECTION III–PAYMENT SCHEDULE The negotiated fee process was utilized for this contract. For services described in Section II of this Contract,the Town hall pay the Engineering fee as negotiated for Two hundred forty nine thousand four hundred twenty eight dollars ($249,428). Payment shall be made monthly on the basis of progress reports. Engineering Consultant must provide a 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 IV–PERIOD OF SERVICE Following receipt of a Notice to Proceed with the work, the Engineering Consultant shall complete all services described in Section II within 310 calendar days after Notice to Proceed is issued by the Town. In the event delays are experienced beyond the control of the Engineering Consultant, the completion date may be extended by mutual written agreement between the Town and the Engineering Consultant. SECTION V–APPROVALS All work shall be subject to approval by the Water Utility Director or his designee. Engineering 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, Engineering Consultant shall undertake at its own expense the corrective adjustments or modifications. SECTION VI–INDEMNIFICATION The Contractor agrees to indemnify, defend, and save harmless the Town, its Mayor and Council, the Water Utility Director, appointed boards and commissions, officials, officers, employees and the Town's insurance carriers, 'ndividually and collectively from all losses, claims, suits, demands, expenses, subrogations, attorney's fees, or actions of •'any kind and nature resulting in the Contractor 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 VIII will in no way be construed as limiting the scope of indemnity in this paragraph. SECTION VII–REPORTING Written monthly reports, together with updated work schedules, will be made by the Engineering 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 Engineering Consultant will attend Council meetings and provide finished documents including correspondence, supporting charts, graphs, drawings and colored slides for Council action. SECTION VIII–LIABILITY See Attachment A SECTION IX–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 started, a Change Order(s) shall be executed by the Town and the Engineering Consultant. Additions to, modifications of or deletions from the project may be made and the compensation to be paid to the Engineering Consultant may be adjusted accordingly by mutual written agreement of the contracting parties. It is agreed that no claim for extra work by the Engineering Consultant will be allowed by the Town except as provided, nor shall the Engineering Consultant do any work not covered by this Contract unless the work is authorized through a Change Order. All additional work, when authorized by executed Change Order(s), shall I be compensated for bya fee as agreed upon by the Town and Contractor. The aggregate total of any Change j mutually t . Order(s)shall not exceed 20% of the original Contract unless specifically authorized by the Town Council in writing. 2 J:\WaterWasteWater Group\ORO VALLEY WATER REPLACEMENT1Doc\Proposals\Eng Contract Prof Services OVWU 0910043.doc Tcontractor submits a request for a date extension for which TIME IS OF THE ESSENCE for this Contract. When a q contract, a Contract Change Order should be initiated outlining the reason for applying work must be completed in a Change for the extension and the drop dead date the work will be completed. The language "TIME IS OF THE ESSENCE" g Order. If the Change Work Order is agreed to and signed by the Town and the must be written into the Change Contractor, it binds the contractor to completeby the work 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 g more than one extension agreed to, each extension should follow the same procedure. SECTION X—TERMINATION full performance of the covenants in this Contract, except that The Town and the Engineering Consultant agree to the the Town reserves g or the right at its discretion, to terminate or abandon the service provided for in this Contract , terminate or abandon any portionthe of project for which services have been performed by the Engineering 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 Engineering Consultantwriting in and, immediately after receiving such notice, the Engineering Consultant shall discontinue advancing the work under this Contract and shall proceed to close operations. abandonment, the EngineeringConsultant shall deliver to the Town all drawings, notes, B. Upon termination or g calculations, sketches and other materials entirely or partially completed, together with all unused materials supplied by the Town. he has completed C. The Engineering Consultant shall apprise the work and submit his appraisal to the Town for evaluation. • compensation for services performed through the date of such D. The Engineering Consultant shall receive as be a abandonment, a fee for the percentage of work actually completed. This fee shall termination or percentage of the Engineering Consultant fee described in this Contract under Section III and shall be in the amount mutually agreed toEngineering between the En ineerin Consultant and the Town. The Town shall make this final payment within sixty (60) daysEngineering after the En ineering Consultant has delivered the last of the partially completed items. SECTION XI—LIQUIDATED DAMAGES If the work to be performed by the Engineering iin Consultant under Section II of this Contract is not timely completed, the g Engineering Consultant shall pay to the Town$430/dayas liquidated damages for each day the work remains incomplete after the scheduled completion date. agreedupon amount is u on because of the impracticability and extreme difficulty of ascertaining the actual damages the Town would sustain. The scheduled completion date for terminating liability for e 310 consecutive da s from the effective date of Town's Notice to Proceed to Engineering liquidated damages shall b Y Consultant. For the purpose of determining applicability liquidateddamages of dama es(Section XI), completion time shall be extended only if delay in completion of the work by Engineering the En iin Consultant results from an unforeseeable cause beyond the control and without the fault or negligence of the Engineering Consultant. SECTION XII—ARBITRATION OF DISPUTES that is not settled Any dispute arising under this contractby the Town and the Engineering 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 Engineering Consultant and a representative mutuallyacceptable to the Town and the Engineering Consultant. The II p rights as set forth in Arizona Revised Statutes, Town, however, reserves its Title 12. The Engineering 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. 3 J:\WaterWasteWater Group\ORO VALLEY WATER REPLACEMENTDoc\Proposals\Eng Contract Prof Ser,rces OVWU 0910043.doc SECTION XIII—OWNERSHIP OF DOCUMENTS A.11 documents including, but not limited to, tracings, drawings, original mylars, estimates, field notes, investigations, esign analysis and studies which are prepared in the performance of this Contract are to remain the property of the Town. The Engineering Consultant shall furnish the Town, upon request, originals or copies of technical specifications and copies of all documents listed above. The Engineering Consultant shall endorse by his professional seal all plans and engineering data furnished by him. SECTION XIV NO KICK-BACK CERTIFICATION The Engineering 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 Engineering 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 { rapacity or a Contractor 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 Engineering Consultant may assign money due to him under terms of this Contract to a banking or lending institute. The Town shall assist the Engineering Consultant in performing the assignment by testifying to the progress of the work as may be required. SECTION XVII-ENTIRE AGREEMENT 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 J.\WaterWasteWater Group\ORO VALLEY WATER REPLACEMENT\Doc\Proposals\Eng Contract Prof Services OVWU 0910043.doc r r -40 WITNESS WHEREOF, the parties have hereunto subscribed their names this day of , IN 20 TOWN OF ORO VALLEY: ENGINEERING CONSULTANT: ,.,/, ,,,,,,,;:ri„.:, By: By: ' -----;,,,, ,„/ / , ---- 6,-) -(1-- Mayor President Date: Date: 7/— a,� 6,- ATTEST: ATTEST: (If Corporation) ------ ."." ,,,,,,..<4.:,,,e- ..-.4.7,‘--- f ; a Seer Town Clerk �' „,/.; APPROVED AS TO FORM: WITNESS: (If individual or Partnership) Town Attorney Date: -...4 Date: State of Arizona ) ) ss. County of ) SUBSCRIBED AND SWORN before me this _, t day of " r.. ' -Y�., :4 20 f- by . r.-.-?\-.,- 44b :-Kts-..,cov-k'- who is known to me or has satisfactorily been identified as the President, and by t % been identified as the Secretary, both as duly `-\.,._ _ky0 k ;1\,. ,, ., who is known to me or has satisfactorily authorized agents to signon behalf of �c-L( to bind and obligate the Engineering Consultant. g 6 _____I ,,,,,,,,,,,__ _ .._..... ,/,,,,,,,,,,,..._-,--______ Notary My Commission Expires: ,_, A '�, d c! ci ra.06.41.4b.."...,,,,,,"..."..",,,,A16,,47 ,44.0.,1 .41. ... AN F} t'. :4)1; . „ -. \nBIL 15 2007 IIl 5 ):,\Vater\Vaste\\',iter Group ORO VALLEY WATER REPLACEMENT Doc Proposals Eng Contract Prof Sen ices OVr\'U 0910043.doc • • ATTACHMENT A The Engineering Consultant agrees to obtain insurance coverage of the types and amounts required consistent with the coverage 'imits 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 Engineering Consultant will provide satisfactory certificates on the required insurance coverage before beginning work. 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 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 will 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. "mrIn regard to Professional Liability, Engineering 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 Engineering Consultant or of any subcontractor employed by the Engineering 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 Engineering Consultant for the work performed. Engineering 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 Engineering 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 Engineering 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 Engineering Consultant or any subcontractor employed by the Engineering Consultant (including bodily injury and death) or damages to any property, arising or alleged to have arisen out of the negligent performance of the Engineering 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. Ii 6 J:\WaterWasteWater Group\ORO VALLEY WATER REPLACEMENT\Doc\Proposals\Eng Contract Prof Services OVWU 0910043.doc SEP 2 F.) 900b, . � . .... 1 DATE(MM/DD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE ENOPID 2 09/20/06 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. Tucson AZ 85719-1541 Phone: 520-795-8511 Fax:520-795-8542 INSURERS AFFORDING COVERAGE NAIC# ,: INSUREDINSURER A: Cincinnati Insurance Company 10677 INSURER B: Engineering & Environmental INSURER C. Consultants Inc. 4625 E. Fort Lowell Road INSURER D: Tucson AZ 85712-1126 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. 1NSR - EFFECTIVEPOLICY POLICY EXPIRATION LTRINSRD POLICY NUMBER DATE(MM DD/YY) DATE(MM/DD/YY) LIMITS INSRO TYPE OF INSURANCE GENERAL LIABILITY EACH OCCURRENCE $ 1000000 DAMAGE TO REN(ED $ 500000 A X X COMMERCIAL GENERAL LIABILITY CPP0910683 03/31/06 03/31/07 PREMISES(Ea occurence) - , CLAIMS MADE X OCCUR MED EXP(Any one person) $ 10000 PERSONAL&ADV INJURY $ 1000000 GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2000000 POLICY X PROT- LOC JEC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1000000 A X ANY AUTO CPA0910683 03/31/06 03/31/07 _(Ea accident) ALL OWNED AUTOS BODILY INJURY $ (Per person) SCHEDULED AUTOS — _ X HIRED AUTOS BODILY INJURY $ r k C 1 (Per accident) X NON-OWNED AUTOS \\ci&kt%\t) +- PROPERTY DAMAGE $ (Per accident) ^ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ r. ANY AUTOOTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITYEACH OCCURRENCE $ 2000000 A X OCCUR CLAIMS MADE CPP0910683 03/31/06 03/31/07 AGGREGATE $ 2000000 $ DEDUCTIBLE $ X RETENTION $ WC STATU- OTH- WORKERS COMPENSATION AND ,TORY LIMITS ER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ If yes,describe under E.L.DISEASE-POLICY LIMIT $ SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS The Town of Oro Valley is named additional insured on the general liability , per form GA472 & this insurance is primary & non-contributory per form GA4094 if required by written contract subject to policy forms, terms, conditions, definitions& exclusions in regards to Job: Reclaimed Water Route Study & Transmission Main. *10-day notice for non-payment of premium. CERTIFICATE HOLDER CANCELLATION TOWNOFO 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 Oro Valley Water Utility Dept. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Attn: David F. Ruiz 11000 N. LaCanada DrivePRESENTATNES. O^rn Val 1 ey 117 85737 % 'ORAN pN ,A.N,. .. -l i ACORD 25(2001/08) ©ACORD CORPORATION 1988 AUTO! C ADDTONA[ 1R'SURED = WHEN REQUIRED CONTRACT OR AGREEMENT WITH This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY-COVERAGE PART t SECTION II - WHO IS AN INSURED, 2 is the -applicable-to limits the additional 1nal insured amended to include: are those specified in the Declarations of this . Coverage Part. The limitsimits of insurance aro in- --Any-pnrsor -or-o- ni`aTlon Therei�after -clu-sv�fard_no_.r"add-tlor�aT�g-IInizs-of-referred to as ADDITIONAL INSURED: insurance shown in.the Declarations, (1) Who or which is not specifically d -- ��amgd as an additional insured un- .� I he ffollowing ar® added to SECTIONI - der any other provision of, or en- COVERAGES, COVERAGE A. BODILY INJURY AND •PROPERT( dorsement added- to, this Coverage DAMAGE Part; and LIABILITY, 2. -Exclusions and SECTION 1 - COVERAGES, COVERAGE B. PERSONAL (2) For whom you are required to add as AND ADVERTISING .INJURY LIABILITY-, 2. an additional insured on this Cover- Exclusions: age Part The insurance provided to the .additional in- under: sured does:not apply-to: (1) A written contract or agreement; or a. "Bod-I-ly irrjirry°, "property damage" or 'personal and advertising injury' arising (2) An oral agreement or contract where out of the: a certificate of insurance showing thatperson oro-rgan-fzatio.n as an (1) Rendering of, or failure to render, additional-insured has been issued; any professional architectural, engi- neering or surveying services, in- but only with respect to liability arising out cluding: of "your ongoing operations" performed for that additional insured by you or on (a) The preparing, approvingor failing to prepare your behalf. ,A person or arganization's� P p or approve status as an insured under this endorse- maps, shop drawings, opinions, ment ends when your operations for that reports, surveys, field orders,d insured are cornpieted, change orders o r drawings an specifications; and 2: SECTION COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to In- (b) Supervisory, inspection, archi- duc_1ex tectural or engineering activities; Automatic Additional Insured Provision- (2) Sole negligence or willful misconduct of, or for defects In design furnished The written or oral contract or agreement by, the additional insured or its be currently in effector become effective ployees". during the term of this_Coverage Part. The contract or agreement also must be executed b. "Bodily injury" or "property damage" aris- damage" out of ►ng 'your work" Included In the prior to the "bodily injury", "property or "personal and advertising injury" to which "products-completed operations hazard". this endorsement pertains. � c, "Bodilyinjury" or "property damage" anis- 3. SECTION III - 'LIMITS OF INSURANCE is ing out of"your work" for which a consoli- amended to include: dated (wrap-up) insurance program has been provided by the prime contractor / The limits applicable to the additional insured project manager or owner of the con- are n are those specified in the written contract or struction project in whichou ars in- agreement or in the Declarations of this Cov- volved_ y erage Part,whichever are less. If no limits are specified in the written contract or agreement, - or if there is no written contract or agreement, includes copyrighted material of insurance GA-472 AZ 10 01 Setvices.Office, Inc.,-with its permission. Page 1 tot 2 �.t. . .� • -. ?.�-tom: ...-•-�N^r l:!y�.3.u�ti.�1 �f. . .. .. •�; - - THIS ENDORSEMENT CHANGES ES THE POLICY. PLEASE IT CAREFULLY. PRIMARY / NONCONTRIBUTORY AMENDMENT OF CQNDT1ONS FOR DESiGNATED ADDT!ONAL INSUREDS —.0- ies insurance provided under the following: This endorsement modifies GENERAL LIABILITY COMMERCIAL COVERAGE PART SCHEDULE ' AddEtiQnal^Irtsur.ed}1��-__.-.---.--.-..__.._....__.�__...�......_. �___.__----_� _--- ---._.__.___.--- __ . �. _- _—�.__---.Narne!�-f^Perscn-gam�rQan��at��r�-� - IS REQUIRED IN A WRITEN CONTRACT TO ANY ENTITY FOR WHICH THE INSUREDSIS COVER ON A PRIMARY AND NONCONTRIBUTORY BA al Whan th.i.s insurance�is excess over any With respect to insurance provided- the addition other insurance, we will pay only our p Schedule, SECTION iV - insured shown in the COMMERCIAL that s COAL GENERAL LIABILITY CONNhare of the amount of the loss, if any, - exceeds the sum of: ttretyandreplby TiONSi 5, Other Insurance is deleted n its en-aced the following:. • (1) The total amount that all such other insurance would pay for the loss in 5, Other Insurance the absence of this insurance; and valid and collectible insurance is total of all deductible and self- weIf other (2) The insured for.a loss under all that other available to the additionalthis insured amounts cover under Coverages A or B of insurance. Coverage Part, our obligations are limited as follows: We will share the remaining loss, if any, With any other insurance that was not a. Primary Insurance bought specifically to apply in excess of g ' of Insurance ranee shown in the Where required by a written contract, this the Limits Part. q a and noncontributory Declarations of this Coverage insurance is primary as respects any other insurance pOIiCV c. Method of Sharing issued to the additional insured. Other-b.below applies. If all tribution of the other insurance permits con- b. wise Pbyequal shares, we will follow Excess Insurance this method also. Under this approach of the each insurer contributes equal amounts other insurance available to the additional until This insurance is excess over any it has paid its applicable limit of in- insured whether primary, excess, contin- surance or none of the loss remains,gent or on any other basis. whichever comes first. excess,this insurance is we will If any of the other insurance does not have no duty under CoveragesA or B to permit contribution by equal shares, we otherwill contribute by limits. Under this defend anyclaim or suit that any 's share is based on method, each insurer injurer has a duty to defend. if no other a e limit of insurance we will undertakeapplicable insurer defends, to do the ratio of its applictotal applicable limits of insurance insured's to the so, but we will be entitled to the iahts against all those other insurers, of all insurers. r„ _ GA 4094 10 01 DATE(MM/DD/YYYY) LIABILITY INSURANCEOP ID DACDRD CERTIFICATE OFENVI-16 09/20/06 PRODUCER T~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THEAMEND,ETIFICATE XTENDOR "'HE MAHONEY GROUP - TUCSON HOLDER.THIS CERTIFICATE RDED BYOES T THE POLICIES BELOW. 19 N. Campbell Avenue ALTER THE COVERAGE AFFORDED ucson AZ 85719-1541 Phone: 520-795-8511 Fax:520-795-8542 INSURERS AFFORDING COVERAGE NAIC# INSUREDINSURER A: Steadfast Insurance Company 26387 INSURER B: Engineering & Environmental INSURER C: Consultants, Inc. 4625 E Fort Lowell _INSURER D: Tucson AZ 85712-1126INSURER 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. /NSR • DP ALTE(MM DD/YY)EFFECTIVE PDAITE MM/DD/YY EXPIRATION LIMITS LTR '� TYPE OF INSURANCE POLICY NUMBER EACH OCCURRENCE $ GENERAL LIABILITY II•,• •• , II IN COMMERCIAL GENERAL LIABILITY - - PREMISES(Ea occurence) $ ENCLAIMS MADE OCCUR MED EXP(Any one person) $ III PERSONAL&ADV INJURY $ IIIII GENERAL AGGREGATE $ PRODUCTS-COMP/OP AGG $ GEN'L AGGREGATE LIMIT APPLIES PER: IIII POLICY III jE III LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO ALL OWNED AUTOS BODILY INJURY $ II (Per person) SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $ II (Per accident) NON-OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ III ANY AUTOOTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ II $ DEDUCTIBLE RETENTION $ $ $ Y I- • '- WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ If yes,describe under E.L.DISEASE-POLICY LIMIT $ SPECIAL PROVISIONS below OTHER A Professional/ PEC525461104 08/28/06 08/28/07 Per Claim $1,000,000 Pollution Liab. $20,000 SIR Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Evidence of Professional Liability. Re: Reclaimed Water Route Study & Transmission Main CERTIFICATE HOLDER CANCELLATION TOWNOFO 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 Oro Valley Water Utility Dept. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Attn: David F. Ruiz 11000 N. LaCanada Drive PRESENTATIVES. Oro Vr�,l 1 ey ate? 85737 k 1 \,A. Oro V Q i..Lk ACORD 25(2001108) ©ACORD CORPORATION 1988 v r S ii/NN\NQOMEWMc7‘‘ Arizona-'40, SEP 2 1 2006 c.:dd At work oryou Insurance BY: .� Certificate of Certificate Mailed To: Name of Insured: ENGINEERING AND ENVIRONMENTAL ORO VALLEY WATER UTLITY DEPARTMENT CONSULTANTS INC ATTN: DAVID F. RUIZ STE 200 11000 N. LA CANADA 4625 E Fort Lowell Rd ORO VALLEY AZ 85737 Tucson AZ 85712 Date Issued: 09/20/2006 Certificate Number: 63 Policy Number: 190019 Origin Date: 01/01/1988 Expiration Date: 01/01/2007 Liability Limits: 1000/1000/1000 (000 Omitted) Proof of Coverage Reclaimed WAter Route Study & Tranmission Main Job Number: Location: Should the above policy be canceled by the State Compensation Fund before the expiration date thereof, the State Compensation Fund 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 State Compensation Fund. 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: Oro Valley Water Utlity Department Attn: David F. Ruiz 11000 N. La Canada • C".,,--4-2 t..4....-yostAJL, Oro Valley AZ 85737 Authorized Representative 61-810 01/20/2006 4110 ATTACHMENT NO. 3 O ,4,,y/c> O Q- 'L O lb" ENDED 1 Scope of Services SCOPE OF PROFESSIONAL SERVICES DESIGN SERVICES FOR HIGHLANDS SUBDIVISION MAINLINE REPLACEMENT 09/1906 1 EEC,Inc. Highlands Subdivision Mainline Replacement Project Scope of Professional Services I- SCOPE OF PROFESSIONAL SERVICES EEC will design the Highlands Subdivision Mainline Replacement Project. EEC's activities will g generally include: • Design and field activities, agency and utility coordination, coordination of relocation of existingwater meters with existing Town of Oro Valley Water Department (TOVW) customers as needed, water main alignment discussion, submittal of copies to TOVW of all information and calculations used in the design of the facilities, and all recommendations for the facilities being designed. • Preparation of the Construction documents, which includes: Construction Plans, Engineer's Estimate of Probable Construction Costs,Design Report, and Technical Specifications. • Preparation of design report for submittal to ADEQ • Field surveys performed in accordance with the Land Survey Requirements detailed below. EEC agrees to begin work on those tasks identified herein on the date specified in the applicable g g Notice-to-Proceed(NTP) given by the TOVW. A. Facilities to Be Designed The facilities to be designed will be comprised of 8-inch, 6-inch, and 4-inch diameter waterlines totaling approximately 16,600 lineal feet(LF)within the Highlands subdivision. The project area is north of Lambert Lane within the southern half of Section 12, Township 12 south, Range 13 east. The entire Highlands subdivision is supplied water from wells C-1, C-2, and two 6"pipelines connecting to the 12"main in Lambert Lane. This project will design new waterlines to replace these old and undersized waterlines and provide the existing subdivision with improved water pressure, reliability, and fire protection. B. Professional Services To Be Provided The professional services to be provided by EEC will be the preparation of the Construction documents, which includes: Construction plans, EEC's estimate of probable construction costs, Design report, and Technical specifications for the water facilities described in Paragraph I.A. The pipe material will be based on two pipe alternatives, polyvinyl chloride pipe (PVC) and ductile iron pipe (DIP). 1. Project Administration,Meetings & Site Work 1.1. Project Kick Off Meeting Upon receipt of a NTP, EEC will schedule a project kick off meeting with TOVW staff. The purpose of this meeting is to discuss overall project goals, deliverables, and expectations. EEC will prepare an agenda for the meeting including; project understanding, schedule review, drawing formats and standards, information needs, invoice format, specification format, and a list of action items. EEC will also prepare meeting minutes for all project related meetings. 1.2. Meeting w/HOA Board EEC will represent TOVW and present the design of the water facilities during four (4)public meeting of interested citizens. EEC will prepare displays and other 41111Ir material deemed pertinent for said meetings. TOVW will be responsible for all meeting notification and site arrangements. EEC will submit a summary of all 09/19/06 2 EEC,Inc. Highlands Subdivision Mainline Replacement Project Scope of Professional Services public presentations made to secure acceptance of the project by interested citizens; a summary of the comments received from, and responses given to, interested citizens; and a statement describing the degree of public acceptance given to the project. If additional public meetings are determined to be necessary by TOVW, TOVW will request said service as Supplemental Professional Services. The first public meeting will include TOVW, EEC and the Highlands Subdivision Homeowners Association(HOA) board. The purpose of this meeting is to inform the HOA board of the upcoming project, solicit input on future public meetings formats and locations, and to identify the preferred method of coordinating the project with the residents of the neighborhood. 1.3. Open House 1 The second public meeting will include TOVW, EEC, the HOA, and any other interested public. The purpose of this meeting is to inform the HOA of the upcoming project,notify residents that EEC will be in the neighborhood, answer questions, and provide contact information for further questions. 1.4. Project Status Meetings For the duration of this project, EEC will prepare progress reports on a monthly basis (additional meetings as needed) detailing work accomplishments for the preceding month and expectations for the next month in order to fulfill the goals of this contract. Each progress report will indicate the percent complete of all tasks and subtasks. Each monthly progress report will be presented to TOVW in a meeting scheduled and attended by EEC. These meetings will be for the purpose of discussing scope,budget and schedule issues and will be in addition to the normal day-to-day communications between EEC and TOVW. Special meetings may be required at more frequent intervals to discuss issues affecting the work and timeliness of its completion, and may be called by either EEC or TOVW. Task specific meetings may replace monthly meetings. EEC will be responsible for the agenda of scheduled meetings and for writing and submitting minutes of each monthly or special meeting to the TOVW project manager for review and concurrence within ten (10) calendar days following the meeting date. Upon receipt of TOVW review comments, EEC will revise and resolve the minutes, if necessary, and resubmit the minutes to TOVW for record purposes. The minutes will identify each significant agenda topic, summarize the discussions, and indicate the conclusion(s) reached in a manner sufficiently complete to adequately record the meeting. 1.5. Submittal & Review Meetings EEC will meet with TOVW when documents are submitted for review. During these meetings EEC and TOVW will discuss items of significance in the submitted documents and how comments were addressed. EEC will also meet with TOVW when reviews are complete on submitted documents. These meetings will ensure good communications within the project team and a clear understanding of submittals and comments. 1.6. Preparation of Private Lot Exhibits Where relocation of the existing services and private plumbing is required, EEC will prepare sketches, prepared on planimetric drawings, showing the appropriate existing features and the location of the proposed improvements within the customer's property. The sketch will be a minimum of eight and one-half(81/2) 4111) 09/19/06 3 EEC,Inc. • Hi hlands Subdivision Mainline Replacement Project Scope of Professional Services (ow T9 inches wide by eleven(11) inches long and will include aerial imagery(See attached example). 1.7. Field Locate Services personnel will dispatch to the Highlands Subdivision neighborhood to identify locations of existing and possible future private plumbing connections to individual homes. This information will be vital to successful discussions with individual homeowners concerning new private plumbing alignments. 1.8. Open Houses 2 & 3 The third and fourth public meeting will include TOVW, the HOA and EEC. During these two meetings EEC will inform the HOA of the project status, answer questions, and gather input from property owners of desired private plumbing . routing Right-of-Entry Ri ht-of-Ent (ROE) forms (see attached example) can be completed and signed byroe owners at these meetings. EEC will have ROE forms for each property at the meetings and will have four(4) staff memberspresent property � to meet with e owners and discuss routes for private plumbing. These two meetings will prop � into facilitate a large percentage of be held at different times and dates order g p g residents. Copies of the signed right-of-entry form and sketches of service relocations will be included in the construction documents. 1.9. Meeting with Homeowners to obtain Rights of Entry After Open House 2 & 3, EEC will coordinate with the remaining property owners at their homes to design the relocation of existing services. EEC will be present in the neighborhood, conduct home-to-home interviews, schedule private appointments, and work off-hours to facilitate ROE agreements. EEC will obtain property owner's signature of ROEs for inclusion with the construction documents. 2. Base Map Creation 2.1. Survey• EEC will place targets and provide horizontal and vertical control for aerial mapping plus cross-sections at all grade breaks including washes. Surveying services will include identifying of all physical obstructions which may influence the location of the new pipeline such as, but not limited to fences, curbs, sidewalks, street lighting, major vegetation, and traffic control devices; and locations and elevations at inverts of sanitary sewers, storm sewers and other similar underground structures. EEC will notify the TOVW of any errors found in verification. The surveying services will meet the following: a) All survey services will be performed under the supervision of qualified, Arizona registered, professional land surveyors. b) All field surveys will be recorded electronically and/or in field book(s) and will be properly indexed. Photocopies or the field book(s) will be submitted with the fifty percent (50%) detail design submittal for review by TOVW. The survey will show all work performed in the field along with the date, name of crew members, and type of equipment used. c) The horizontal control will meet Second Order, Class I standards. The control survey will tie all existing survey monuments in cross streets within seventy- five feet(75') of the control line. Profile will also be provided every one hundred feet (100') and at all major street or wash crossings. Vertical control will meet Second Order, Class I standards. All elevations will be based on .T, of n Valley datum. T1 bench mark(s) � base each will 1_ Town Oro Valley datum. The bench to base survey will be called out in the data files or in the field book(s). 09/19/06 4 EEC,Inc. • Highlands Subdivision Mainline Replacement Project Scope of Professional Services d) Bench marks will not exceed 1,000 foot intervals with supplemental elevation established on all survey monuments along the entire bench circuit. The control line will be the center of street, section line, 1/4 section line, etc. when possible. EEC will contract for an aerial survey of the project area. The aerial survey product will be a 1"=30' scale survey with a 1' contour interval. The survey will be digitally orthogonally rectified for accuracy. EEC will install 5 panels in the subject area for horizontal and vertical control. 2.2. Utility Research & Coordination EEC is fully responsible for coordinating and cooperating with all entities to properly and adequately plan and design the water facilities described in Paragraph I.A. Any unresolved disputes or issues between EEC and agency/utility will be brought to TOVW's attention. The construction plans and technical specifications will be coordinated with, and meet the requirements of, all involved agencies, such as the Pima County Department of Transportation and Flood Control District (PCDOT & FCD), Arizona Department of Environmental Quality (ADEQ), Town of Oro Valley, and all utilities which may be affected by the construction activity in order to obtain approval from the required agencies. TOVW will be kept informed of the coordination activities under this subtask. EEC will provide TOVW copies of all correspondence with agencies and utilities. During the development of the construction plans and technical specifications, EEC will submit copies of the plans and specifications to affected utilities and involved regulatory agencies for their review and comment. Upon receipt of comments, EEC will make such corrections, additions, and/or deletions to the plans and specifications as are necessary to address the comments and to satisfy each utility or agency providing comments. Should satisfaction of a comment require a change to the design or a cost increase in design effort, EEC will notify TOVW of the comment and its implications and will recommend a solution. TOVW will then act to resolve the conflict, accept or reject the recommendation, and/or address the implications. Approval by the utility or the involved regulatory agency of the corrections, additions, and/or deletions made by EEC to the documents will be evidenced by securing written approval of the changes made, by appropriately issued permits, or by agency approval signature on the cover sheet of the construction plans. EEC will immediately notify TOVW in writing of any conflict(s)with an existing facility or utility that becomes apparent during the development of the construction documents. If a design plan is required to relocate that particular facility or utility, the design will be considered a supplemental professional service. Utility location will be conducted in accordance with ASCE Publication 38-02 Quality level C. Additional utility information will be collected through the use of up to 35 vacuum extraction potholes. 2.3. Base Map Creation EEC will show the locations of horizontal and vertical control points on the appropriate plan sheets. EEC will determine and show on the plan sheets the invert elevations of sewer manholes, drainage culverts, etc. EEC will develop and use a scheme for horizontal control along the ground surface. Where horizontal control is lacking, EEC will establish required horizontal control to allow the designed project 09/19/06 5 EEC,Inc. • • Highlands Subdivision Mainline Replacement Project Scope of Professional Services to be constructed. The station and offset method of design will be incorporated into theJro j ect. Also,this plan view will include the following planimetric detail: p a) Paved and unpaved roadways, driveways, curbing and sidewalks. b) Drainage patterns. c) Utilities,both underground and overhead, obtained from utility records, potholing, and available blue stake markings. d) Fences, walls, and buildings. e) Wells (public and private), water meters, and water systems. f) Buried drainage facilities and pipes. g g) Vegetation types and significant plants which must be protected during construction or replaced after construction. h) Future paving and drainage structure(s). i) Proposed water main alignment,pipe size, and type. g j) Right-of-way lines,property lines, subdivision name, address, owner's name, easements, and street names. k) For vacant land, subdivision name(s), block number(s), lot number(s), docket and page number(s), and owner's name(s). 1) Other existing and proposed improvements within right-of-way and easements. m) Invert elevations of existing sanitary and storm sewers, drainage structures, other underground utilities, etc. n) Stationing of intersecting street centerlines. o) Design and details for: well connection(s), pavement replacement, and any other items deemed necessary during the development of the construction plans. 3. Design Drawings & Specifications 1111110, EEC willre are construction plans using TOVW standard symbols and standard drafting p p sheets,which will be provided to EEC by TOVW. The construction plan, and detail sheet originals will be produced on mylar film that is twenty-four(24) inches wide by thirty-six g (36) ginches long. The scale for plan sheets will be 1"=40' (horizontally). Detail sheets will be drawn to a scale that is appropriate for the detail to adequately present the intended information. Directional arrows will be used with the direction of north oriented upward or to the left. Design Standards -The water facilities described in Paragraph I.A will be designed in accordance with TOVW Specifications and Details for Construction(2002 Edition), Pima County/City of Tucson Standard Specifications and Details for Public Improvements (2003 ty ty Edition), ADEQ Bulletin 10, and any other applicable design criteria, and will be sufficient to obtain ADEQ's "Approval to Construct". EEC willre are and assemble a bid proposal and technical specifications, for the work. p p The bidro osal will list the major components of the project as line bid items. Each line p p bid item will be formatted to include: line item number, quantity and unit, item description, unit price, and extended price. A total of the line items will be at the end of the bid proposal. Recommended bid alternatives will be included in the bid proposal. All document text will berepared in a Microsoft Word format and an electronic copy of the final and approved p document text will be provided to TOVW. Engineer's estimate of probable construction costs will be submitted with each formal constructionp lan submittal appropriate for that stage of completion. A final estimate of probable construction costs will be delivered to TOVW when construction plans and contract for the projectapprovedbyhave been all agencies. EEC will review each documents g estimate ofp robable construction costs in detail with TOVW staff at that time of each submittal. EEC will draft estimates of probable construction costs in current dollars. EEC 09/19/06 6 EEC,Inc. Highlands Subdivision Mainline Replacement Project Scope of Professional Services will usejudgment ood and experience in applying current and available cost data for the g development of the cost estimates. EEC will prepare plans and details for the work to be accomplished in an AutoCAD 2005 compatible drawing format. EEC will prepare the necessary title and index/project location sheets, plan sheets, SWPPP plans, and other detail sheets as necessary to make a complete set of project construction plans. 3.1. 50% Design Preparation EEC will prepare 50% complete construction plans, specification outline, engineer's estimate of probable construction costs and a preliminary ADEQ design report for the water facilities described in Paragraph I.A. Design drawings at this stage will show applicable utilities and survey data for the project as well as a plan view of the proposed mainline replacement alignment. TOVW will provide modeling as required to support this design report. Prior to the 50% design submittal, EEC will perform a review and evaluation of the 50% design at the project site to assure "constructability" and proper route selection of the water main. TOVW staff may participate in this field trip. EEC will prepare a "Constructability Review Summary" addressing obstacles, vegetation, improvements, and any other features that may impact, or be impacted by, construction along the selected route of the water main. Upon completion of its review, TOVW will return to EEC one (1) set of redline mark-ups of the submitted documents. 3.2. 90% Design Preparation Upon receipt of the returned comments and markups from TOVW, EEC will agree with TOVW on the disposition of the comments, respond to all written and/or redline comments received, and prepare and submit to TOVW five (5) sets of full size, 90% complete construction plans; five (5) sets of technical specifications, one (1) revised copy of the engineer's estimate of probable construction costs; and five .- . . -a :- •. .with this submittal the 50%complete construction plan redline markups and any comments and/or markups previously received from TOVW. Design drawings at this stage will show all revised information from the 50% submittal plus any required profiles, details, and notes of the proposed mainline replacement alignment. Upon completion of its review, TOVW will return to EEC one (1) set of redline mark-ups of the submitted documents and one (1) WaterCAD model. 3.3. Proof Design Preparation Upon receipt of the returned comments, EEC will agree with TOVW on the disposition of the comments,respond to all 90% comments received, and submit two full size "proof' sets of the construction documents (construction plans, engineer's estimate of probable construction costs, design report, and technical specifications) for final review and approval. EEC will also submit the sealed and signed original mylar construction plan cover sheet to TOVW for the necessary signatures. Additionally, EEC will submit evidence of satisfactory response to previously submitted comments from utilities and involved regulatory agencies which are not required to issue permits or approve the construction plans. To accompany these submittals, EEC will return the appropriate set of the 90% 09/19/06 7 EEC,Inc. Highlands Subdivision Mainline Replacement Project Scope of Professional Services complete construction plan redline markups and any comments and/or markups previously received from TOVW and involved utilities and regulatory agencies. Upon completion of its review, TOVW will return to EEC one (1) set of redline mark-ups of the submitted documents. 3.4. Final Design Preparation Upon receipt of any comments from the review of the "proof' set for each of the construction documents and the signed mylar construction plan cover sheet, EEC will make any further corrections or clarifications necessary and print, seal and sign the construction plans and technical specifications, and submit eight (8) sets of the construction documents to TOVW for its use in securing the necessary permits and bids. These submittals will be accompanied by one (1) copy of engineer's final estimate of probable construction costs, which incorporates any needed corrections. 4. Other Services 4.1. Design Report EEC willre are the preliminary and/or final ADEQ Design Report required by the p p "Arizona Department of Health Services"Engineering Bulletin No. 10- Guidelines .for the Construction of Water Systems, which is to be included in the application package for obtaining an"Approval to Construct Water and/or Wastewater Facilities"p ermit for this project. EEC will be responsible for performing all duties necessary and required to meet the ADEQ design report components stipulated in Bulletin No. 10. TOVW to provide WaterCAD model results which will support the design report. 4.2. ADEQ Submittal EEC will submit the Application Package to ADEQ to obtain an"Approval to Construct"permit. 4.3. Well Closure Plans EEC will prepare drawings and specifications for closure of two potable wells. One will only have the surface located equipment removed. These plans will be included in the construction documents for this project. C. TOVW/EEC Work Relationship The formal work relationship between EEC and TOVW will be maintained between the EEC Project Engineer and the TOVW Project Manager. This formal relationship will include the passage of all written correspondence, requests for information, notifications, submittals, and requests for payment. "Project Manager" -This term will mean that person designated by TOVW to represent the interests of TOVW during the term of this agreement and to be the primary contact person for all communication with EEC. "Project Engineer" -This term will mean that person designated by EEC and approved by TOVW as the primary contact person during the performance of this agreement. D. Schedule of Submittals Formal submittals of the work are considered lto 1be milestones. The percentages l- .� � each milestone 4�.�+..... ..-�.� �.+. .-� .v. Table n�1.� 1 below ��.� �v r+ based n�� � the n �'n�'n� effort !1 v�4' indicated for milestone identified in 1 able 1 belo vJ are based on the total e1 or required by EEC for the completion of the work. The periods of time at which these submittals are due are in calendar days. The following schedule is based on the 09/19/06 8 EEC,Inc. Highlands Subdivision Mainline Replacement Project Scope of Professional Services c m lished in fourteen(14)assumptions that TOVW review of submittals well be ac o p calendar days for 50% and 90% submittals and seven (7) calendar days for all other submittals. TABLE 1 SCHEDULE OF PROFESSIONAL SERVICES EEC TOVW Milestone/Submittal Submittal Due Review Period For the Final Design Activities (Calendar Days after NTP) (Calendar Days) Effective Start Date after NTP 7 NA 50% Construction Documents Submittal 120 14 90% Construction Documents Submittal 254 14 Proof Construction Documents Submittal 289 7 Final Construction Documents Submittal 310 NA Total 310 E. TOVW Responsibilities TOVW will be obligated to perform the following functions during the execution of this project: a. Designate a Project Manager to direct EEC and serve as a single point of contact for all EEC formal contacts with TOVW. b. Secure the necessary reviews and approvals from TOVW staff; c. Provide the required Notice-To-Proceed; d. Provide timely payment of EEC's invoices; e. Provide all available and applicable TOVW records and information applicable to the work under this Contract to SEC, -f. Provide copies of any relevant, available studies, reports, or other documentation prepared by or for TOVW or other agencies which may affect the work; g. Provide EEC with all available and applicable TOVW records and information; h. Acquire title to all property, easements and rights-of-way necessary for construction; i. Payment of all permit fees—ADWR, ADEQ, etc; j. Advertise all public meetings, secure meeting locations, and provide all other accommodations related to public meetings. k. WaterCAD modeling report. F. Supplemental Professional Services Supplemental Professional Services to be provided by EEC, at the direction of TOVW, are listed below. These services, which are intended as additional support for the design of this project, may or may not be required during the course of this Contract. A Notice- to-Proceed may or may not be issued for one or more of these Supplemental Professional Services and will be based on the need for these services. A Supplemental Professional Service may not be started until TOVW issues a written Notice-to-Proceed to EEC. Descriptions, scopes, costs, or schedules for any of these supplemental professional services listed under this task are not included in this contract. Should TOVW decide to exercise its option under this task to activate any of these supplemental professional 09/19/06 9 EEC,Inc. Highlands Subdivision Mainline Replacement Project Scope of Professional Services SOY or for anysupplemental professional services not listed, an amendment to services listed, pp this contract would be necessary to establish a description, scope, cost, and schedule for the desired supplemental professional service. Supplemental professional services include, but are not limited to: a) Additional public and project meetings. b) Hydraulic modeling to determine appropriate waterline sizes. c) Right-of-way/easement documents, including preparation of legal description for acquisition of new easements. d) Corrosion control design. e) Soils analyses, including soil analyses and testing necessary for pile support or grade control structure design. f) Landscape plans and specifications. g) Abandonment, recovery, salvage, destruction or restoration plans, specifications, laced and schedule for any structures or facilities to be removed from service or replaced during construction. h) Pre-bid and bid services. i) Additional professional services required to meet regulatory agency or utility requirements that become known after the effective date of this contract. j) Resident engineering services during construction. k) Minor changes in the scope of professional services. 1) Any other professional services that may be required in support of the project. m) Structural engineering services. n) Environmental services including,but not limited to; endangered species surveys, 404 clearances, native plant surveys. o) Wash crossing and proximity requirements. p) Geotechnical investigation and report. (NW 09/19/06 1 0 EEC,Inc. ATTACHMENT NO. 4 Y kc O �O 1.1 -30p • Dov �g�bi LADED Location Map i / ' \ \ / ,, _0# ,-,'-1"L \<7----- Imo\ '' 4\\5 C�`�i\ \ //\) � _ ).i‘\/11F\.V � \ s ` -, ,,,,,,..< .70 \ tr \/ \/ />\//4) , \/' ,,s, \ \ \c \ \ ,,,/>x \, /,„\O\ V:( sP \/ />)0 \\ \ \ '0 ;‘ ‘ 9poAiii d/ /\ � a a , N s .:-.."'' 1111( 111 al Aji kg gY\\\ ,AIII 0 oft N \ 4V 4 /0_, Ia N \ ,_ :, i* p ,i1A1V 6 g 11,0A -- 1-? \ \Nr,3 w-.1 is" \ * 0 o9 \\ I m As ak co kw ji 10+.7i0 iF.kw • ilw- \ \ =.7 ,0 df,.1,j.1 0 A:.11 -�ti /�.L • .4 OP 1 31 P IIIII $ It11f1 w P-0-0 IS 0 V. 0 '' CD um z g mismaiivaiiimm m / olli 7 I 4-$, . 4 „„ .. Wi -. (i) ° al NVGTTAllNNtl AV' b g , TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: December 6, 2006 CTO: HONORABLE MAYOR& COUNCIL FROM: Philip C. Saletta,P.E.,Water Utility Director and David Ruiz, Water Utility Engineering Division Manager SUBJECT: RECLAIMED WATER USER AGREEMENT, Resolution No. (R) 06-100 , A resolution of the Mayor and Council of the Town of Oro Valley, Pima County, Arizona, Authorizing and Approving an agreement with Amphitheater School District No. 10, for the delivery of reclaimed water by the Oro Valley Water Utility to the Painted Sky Elementary School play grounds for purposes of irrigation. SUMMARY: This Reclaimed Water User Agreement establishes terms and conditions that apply to the ultimate User or Buyer of Oro Valley's reclaimed water, the Town of Oro Valley, and the Oro Valley Water Utility. Use of reclaimed water will benefit the community and reduce impacts on the potable water supply system and the aquifer. The estimated annual amount of reclaimed water usage for the Painted Sky Elementary School play ground is approximately 4.0 acre-feet or 1.30 million gallons. FISCAL IMPACT: The use of Oro Valley's reclaimed water for irrigation by the Painted Sky Elementary will increase the operational expense of the reclaimed water system, however reclaimed water usage rates will be charged for reclaimed water service. The Town has no financial obligation to Amphitheater School District No, 10. in order to connect Painted Sky Elementary School to the reclaimed water system. ATTACHMENTS: No. 1 -Resolution No. (R)06- 100 • No. 2 -Exhibit 2,Reclaimed Water End User Agreement No. 3 - Sketch RECOMMENDATIONS: Staff recommends approval of Resolution No. (R) 06-100 SUGGESTED MOTION: The Town Council may wish to consider one of the following motions: I move to approve Resolution (R) 06-ion , a resolution of the Town of Oro Valley, Pima County,Arizona, Authorizing and Approving an agreement with Amphitheater School District No. 10, for the delivery of reclaimed water by the Oro Valley Water Utility to Painted Sky Elementary School play grounds for purposes of irrigation. or I move to 01//A En ineering Divisio anager Wat r Utility Director .}44//6/ Town Manager ATTACHMENT NO. 1 LEY 0 0 r7s, 411 7,4,0,4 to 4 1P6, A .—;040111114.4 ,v A 44Pc r A g t vD ED Resolution RESOLUTION NO. (R) 06-1 nn A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA AUTHORIZING AND APPROVING AN AGREEMENT WITH AMPHITHEATER SCHOOL DISTRICT NO. 10 FOR THE DELIVERY OF RECLAIMED WATER BY THE ORO VALLEY WATER UTILITY TO THE PAINTED SKY ELEMENTARY SCHOOL PLAY GROUND FOR PURPOSES OF IRRIGATION. 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, the Town of Oro Valley's Water Utility has been authorized by the State of Arizona Department of Environmental Quality to operate and deliver reclaimed water to End Users under a Type 3 Reclaimed Water General Permit -Agent; and WHEREAS, the Town and Amphitheater School District No. 10 would like to enter into the Reclaimed Water User Agreement for delivery of reclaimed water by the Oro Valley Water Utility to the Painted Sky Elementary School play ground for purposes of irrigation; and WHEREAS, it is in the best interest of the Town to enter into the agreement, attached hereto as Exhibit No.2 and incorporated herein by this reference (the "Agreement") with Amphitheater School District No. 10. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that the Agreement between the Town of Oro Valley, Arizona, and Amphitheater School District No. 10, 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 Agreement. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 6TH Day of DECEMBER , 2006. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn Cuvelier, Town Clerk Melinda Garrahan, Town Attorney ATTACHMENT NO. 2 EYAR CL.0141fillgeit, /1/ !vb xi b „. UNWED 1 Exhibit No. 2 Reclaimed Water End User Agreement ORO VALLEY WATER UTILITY RECLAIMED WATER USER AGREEMENT Oro Valley Water Utility's reclaimed water is a valuable renewable water resource that originates as wastewater from the Town of Oro Valley and is treated at the Tucson metropolitan area's wastewater treatment plants. The treated wastewater is then filtered and chlorinated before it is delivered as reclaimed water. It is subject to a variety of federal, state and local regulations that protect the safety of the public and the integrity of the potable water supply system. This Reclaimed Water User Agreement (Agreement) establishes terms and conditions that apply to the ultimate User or Buyer of Oro Valley's reclaimed water, the Town of Oro Valley (Town), and the Oro Valley Water Utility. 1. Place of Use. Oro Valley Water Utility will deliver Class "A" Reclaimed Water to a meter, located at 12,620 North Woodburne Avenue on the Painted Sky Elementary School property, in accordance with the open access reuse standard established in the Arizona Department of Environmental Quality's (ADEQ) rules and regulations. Reclaimed water delivered under this Agreement can be used only at the following location: Painted Sky Elementary School Play Ground (2.0 Acres) 2. Resale of Reclaimed Water. Buyer may not resell reclaimed water to any other person or legal entity. Buyer is also prohibited from conveying reclaimed water delivered under this Agreement to any other premises or location. 3. Commodity Rate. Buyer will pay for reclaimed water delivered under this Agreement according to the rate schedule established by the Oro Valley Town Council. This rate schedule is subject to revisions during the term of this Agreement. If the Town establishes rate classifications applicable to reclaimed water, Buyer will pay the rate established that applies to Buyer's particular circumstances. If the rate to be paid by Buyer is specified by other agreement(s), such agreements shall be noted in Section 15, below. Nothing herein shall excuse Buyer from payment of service or other charges as are applicable to the time,place or manner of Buyer's reclaimed water service and delivery. Buyer shall only be charged for reclaimed water quantities having been measured through the Town's reclaimed water meter. 4. Costs to Buyer. Buyer is solely responsible for any costs downstream of the Town's reclaimed water service meter. 5. Compliance with Regulations. It is the sole responsibility of the Buyer to comply with Arizona Department of Water Resources regulations including their annual water use target. Buyer agrees to comply with any state, federal, and local laws, regulations, and standards that may apply to Buyer's use of reclaimed water during the term of the Agreement. Such laws, regulations, and standards may include: • Requirements and restrictions governing use of the reclaimed water • Application methods that reasonably preclude certain kinds of human contact with reclaimed water • Requirements to prevent reclaimed water from standing on open access areas during normal periods of use • Requirements to prevent reclaimed water from coming into contact with drinking fountains, water coolers, or eating areas • Requirements to identify certain components on the delivery system, or to provide public notice that reclaimed water is used on Buyer's premises. - 1 - 6. Hose Bibs. Buyer specifically agrees not to install hose bibs or utilize existing hose bibs on any component of the private reclaimed water delivery system. 7. Signs. Upon the commencement of reclaimed water service, the Town will provide Buyer with appropriate signage to inform the public that reclaimed water is used on Buyer's premises. Buyer shall post such signs at all entrances to the premises where reclaimed water is used. Buyer shall be responsible for posting additional signage that is required under the State of Arizona's Administrative Code or that is established by Town of Oro Valley regulations. Buyer is responsible for the maintenance and replacement of reclaimed water signage. 8. Backflow prevention. Buyer will install a reduced pressure backflow assembly on all potable water services at the site, as required by Town Ordinance, before receiving reclaimed water service from the Town. Buyer is responsible for the maintenance and testing of any backflow protection. The buyer may also need to install thermal expansion control on the potable water service as may be required by the adopted Uniform Plumbing Code. 9. Cross-Connections. The Buyer agrees and acknowledges their responsibility for prohibiting cross- connections between a potable water service line and a reclaimed water irrigation service line at any point on the Buyer's premises. 10. Inspection. Buyer agrees that the Town of Oro Valley or any other public agency with the authority to verify compliance with reclaimed water use regulation may inspect Buyer's premises to verify compliance with the applicable reclaimed water use regulations. Buyer further acknowledges the responsibility to inform, notify, and request inspections and approvals from various agencies, including the Arizona Department of Environmental Quality, Oro Valley Water Utility, Town of Oro Valley Development Services, and Pima County permitting agencies, for activities relating to the construction, maintenance, and operation of its private reclaimed water delivery system, including, but not necessarily limited to, materials, construction, facility testing, violations, and emergency situations. 11. Plans. Buyer shall submit to the Town of Oro Valley a copy of the Buyer's on-site reclaimed water irrigation plans and acknowledges that it has the responsibility to maintain a copy otthe plans of the on- site reclaimed water system at the premises on which reclaimed water is being used. These plans will show the locations of the property lines, all structures on the site, reclaimed water lines, and turn off valves. 12. Potential Disruption of Service. Buyer accepts the possibility that the Town may be required to disrupt reclaimed water service to Buyer's premises due to emergency conditions, peak demands, or planned system maintenance. Buyer shall be responsible for any damage that may be caused to Buyer- owned facilities by such disruptions. • When there is an unforeseen emergency relating to the Town's reclaimed water delivery system or the ability to provide reclaimed water, the Town may terminate deliveries of reclaimed water without advance notice. When notice of an emergency is given, Buyer agrees to temporarily reduce or cease usage of reclaimed water service upon the Town's request. • In order to accommodate peak demand periods or planned maintenance of its reclaimed water system, the Town shall provide Buyer with twenty-four (24) hour notice of the need to temporarily cease reclaimed water usage altogether, or to temporarily reduce the volume of reclaimed water used. Upon being provided such notice, Buyer will alter its reclaimed water usage according to the Town's request. - 2 - 13. Transfer of Property. Buyer agrees that all leases of the premises subject to this Agreement shall be in writing, and must be made expressly subject to this Agreement. Should Buyer sell or otherwise transfer ownership or control of the premises described herein to a Third Party, Oro Valley Water Utility shall not be obligated to provide reclaimed water to any subsequent owner or user of the premises unless such sale or disposal incorporates this Agreement by reference, and makes any successors and assigns expressly subject to this Agreement. If such a third party disposition does not include such provisions, Buyer will close its account with Oro Valley Water Utility and pay any fees or charges incurred by Buyer before the disposition of Buyer's property is effective. 14. Termination of Service. Termination of this agreement by Buyer will result in the termination of any and all water service for the purpose of turf irrigation. The Buyer acknowledges that reclaimed water service may be discontinued for failure to comply with the terms and conditions of this Agreement. This clause survives the termination of this agreement. 15. Other Agreements. This Agreement constitutes the complete and entire Agreement between the parties. OWNER C " � OW • itrict No.10 AmphitheateriScho s Date: . .6 ; 3 Z 6 0 (0 tr. State of Arizona ) ) ss. County of ) of O ld Ct r , known to On this ajlay 2006, me to be the person whose name is subscribed to the within instrument, personal appeared before me and acknowledged that hese executed the same for the purposes contained. Given under my hand and seal on day of 0 CfC) her , 2006. Notary My Commission Expires: IT�+ R �- 1l .° :. LfRr� y - D C , L. HART ed BLI -'�' 3'RIZONA s v F µ 11111110, COUNTY 9 f#� h4 moi:."!.y yam. _ 3 _ TOWN OF ORO VALLEY Paul H. Loomis, Mayor DATE: ATTEST: Kathryn Cuvelier, Town Clerk -mad APPROVED AS TO FORM: Town Attorney DATE: - 4 - ORO VALLEY WATER UTILITY RECLAIMED WATER USER AGREEMENT Oro Valley Utility's Utili 's reclaimed water is a valuable renewable water resource that originates as wastewater from the Town of Oro Valley and is treated at the Tucson metropolitan area's wastewater treatment plants. The treated wastewater is then filtered and chlorinated before it is delivered as reclaimed water. It is subject to a variety of federal, state and local regulations that protect the safety of the public and the integrity of the potable water supply system.stem. This Reclaimed Water User Agreement(Agreement) establishes terms and conditions that apply 1 to the ultimate User or Buyer of Oro Valley's reclaimed water, the Town of Oro Valley (Town), and the Oro Valley Water Utility. 1. Place of Use. Oro Valley Water Utility will deliver Class "A" Reclaimed Water to a meter, located at 12,620 North Woodburne Avenue on the Painted Sky Elementary School property, in accordance with the open access reuse standard established in the Arizona Department of Environmental Quality's (ADEQ) rules and regulations. Reclaimed water delivered under this Agreement can be used only at the following location: Painted Sky Elementary School Play Ground (2.0 Acres) 2. Resale of Reclaimed Water. Buyer may not resell reclaimed water to any other person or legal entity. Buyer is also prohibited from conveying reclaimed water delivered under this Agreement to any other premises or location. 3. Commodity Rate. Buyer will pay for reclaimed water delivered under this Agreement according to the rate schedule established by the Oro Valley Town Council. This rate schedule is subject to revisions 1111100, during the term of this Agreement. If the Town establishes rate classifications applicable to reclaimed water, Buyer will pay the rate established that applies to Buyer's particular circumstances. If the rate to Y be paid by Buyer is specified by other agreement(s), such agreements shall be noted in Section 15, below. Nothing herein shall excuse Buyer from payment of service or other charges as are applicable to the time,place or manner of Buyer's reclaimed water service and delivery. Buyer shall only be charged for reclaimed water quantities having been measured through the Town's reclaimed water meter. 4. Costs to Buyer. Buyer is solely responsible for any costs downstream of the Town's reclaimed water service meter. 5. Compliance with Regulations. It is the sole responsibility of the Buyer to comply with Arizona Department of Water Resources regulations including their annual water use target. Buyer agrees to comply with any state, federal, and local laws, regulations, and standards that may apply to Buyer's use of reclaimed water during the term of the Agreement. Such laws, regulations, and standards may include: • Requirements and restrictions governing use of the reclaimed water • Application methods that reasonably preclude certain kinds of human contact with reclaimed water • Requirements to prevent reclaimed water from standing on open access areas during normal periods of use • Requirements to prevent reclaimed water from coming into contact with drinking fountains, water coolers, or eating areas • Requirements to identify certain components on the delivery system, or to provide public notice that reclaimed water is used on Buyer's premises. - 1 - 6. Hose Bibs. Buyer specifically agrees not to install hose bibs or utilize existing hose bibs on any component of the private reclaimed water delivery system. 7. Signs. Upon the commencement of reclaimed water service, the Town will provide Buyer with appropriate signage to inform the public that reclaimed water is used on Buyer's premises. Buyer shall post such signs at all entrances to the premises where reclaimed water is used. Buyer shall be responsible for posting additional signage that is required under the State of Arizona's Administrative Code or that is established by Town of Oro Valley regulations. Buyer is responsible for the maintenance and replacement of reclaimed water signage. 8. Backflow prevention. Buyer will install a reduced pressure backflow assembly on all potable water services at the site, as required by Town Ordinance, before receiving reclaimed water service from the Town. Buyer is responsible for the maintenance and testing of any backflow protection. The buyer may also need to install thermal expansion control on the potable water service as may be required by the adopted Uniform Plumbing Code. 9. Cross-Connections. The Buyer agrees and acknowledges their responsibility for prohibiting cross- connections between a potable water service line and a reclaimed water irrigation service line at any point on the Buyer's premises. 10. Inspection. Buyer agrees that the Town of Oro Valley or any other public agency with the authority to verify compliance with reclaimed water use regulation may inspect Buyer's premises to verify compliance with the applicable reclaimed water use regulations. Buyer further acknowledges the responsibility to inform, notify, and request inspections and approvals from various agencies, including the Arizona Department of Environmental Quality, Oro Valley Water Utility, Town of Oro Valley Development Services, and Pima County permitting agencies, for activities relating to the construction, maintenance, and operation of its private reclaimed water delivery system, including, but not necessarily limited to, materials, construction, facility testing, violations, and emergency situations. 11. Plans. Buyer shall submit to the Town of Oro Valley a copy of the Buyer's on-site reclaimed water irrigation plans and acknowledges that it has the responsibility to maintain a copy of the plans of the on- site reclaimed water system at the premises on which reclaimed water is being used. These plans will show the locations of the property lines, all structures on the site, reclaimed water lines, and turn off valves. 12. Potential Disruption of Service. Buyer accepts the possibility that the Town may be required to disrupt reclaimed water service to Buyer's premises due to emergency conditions, peak demands, or planned system maintenance. Buyer shall be responsible for any damage that may be caused to Buyer- owned facilities by such disruptions. • When there is an unforeseen emergency relating to the Town's reclaimed water delivery system or the ability to provide reclaimed water, the Town may terminate deliveries of reclaimed water without advance notice. When notice of an emergency is given, Buyer agrees to temporarily reduce or cease usage of reclaimed water service upon the Town's request. • In order to accommodate peak demand periods or planned maintenance of its reclaimed water system, the Town shall provide Buyer with twenty-four (24) hour notice of the need to temporarily cease reclaimed water usage altogether, or to temporarily reduce the volume of reclaimed water used. Upon being provided such notice, Buyer will alter its reclaimed water usage according to the Town's request. - 2 - a • , 13. Transfer of Property. Buyer agrees that all leases of the premises subject to this Agreement shall be in writing, and must be made expressly subject to this Agreement. Should Buyer sell or otherwise tar transfer ownership or control of the premises described herein to a Third Party, Oro Valley Water Utility shall not be obligated to provide reclaimed water to any subsequent owner or user of the premises unless such sale or disposal incorporates this Agreement by reference, and makes any successors and assigns expressly subject to this Agreement. If such a third party disposition does not include such provisions, Buyer will close its account with Oro Valley Water Utility and pay any fees or charges incurred by Buyer before the disposition of Buyer's property is effective. 14. Termination of Service. Termination of this agreement by Buyer will result in the termination of any and all water service for the purpose of turf irrigation. The Buyer acknowledges that reclaimed water service may be discontinued for failure to comply with the terms and conditions of this Agreement. This clause survives the termination of this agreement. 15. Other Agreements. This Agreement constitutes the complete and entire Agreement between the parties. OWNER C:Jr---71/.., Of/CO► Am hitheatS p chool ct No.10 Date: letea 027 2 4 e,i tor 1 State of Arizona ) ) ss. County of ) On this Qx Odd- A. J a , known to day of , 2006, me to be the person whose name is subscribed to the within instrument, persona appeared before me and acknowledged that he/she executed the same for the purposes contained. nelq4t Given under myhand and seal on dayofOb — ' , 2006. 1C)5 (t---e,1/4— 4ZA4/t— Notary My Commission Expires: VI 8/0 9 L. 7,,,3--i-----,T„,z„' „-„,. 0-;-::F!Eit,..,-.T.--ths_,--,A-,,, !�r ill i k Y ✓.....�F j 1y„X54 i ,--,,,, ,a!�'r'4 , e A R i 4+r,� L.1t ��� �':��..ii� .s , i* i P° f 9 \:-,F' '`›..:,,t,--i ,i : rte; t 1 1\/17—C,0 IT "j`f. , X':t. ; .- I 2 ► ;7 t , - 3 - • TOWN OF ORO VALLEY Paul H. Loomis, Mayor DATE: ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Town Attorney DATE: - 4 - w . ATTACHMENT NO. 3 �PLLEY'�R X:* v'st 2 Y/^T .4 y N tt4f• - 02, 0U pig NDE Sketch • / - -,..,-N7 >,/ /--,7qmossi 0 • // ,/, 7_4 ........,, 0,0 Z?t / / / ... ),\\, / 0 / // / / / / //' /7 / _ i, AU , 0 iff rz '., s 4• ' .. -t _..‘ g„.,,,, ....:.-, m / I / / / i -----' 0 7 ',:,,:.: "6\1 )0 MI - . -'-' '''• # \ cf,„_--\_______.‘ / , L„ 0 or ) , w c„---„, ,....._ , .... \--- ,\ I-_-_-__v_ F , , ,,,,„,,, de , ‘q3___--\-_--, / \- \ \ . „,„ , \ \ \ , \ scs•N\ \--\--- ---7)._ ........,...., , \ --4-4ANk1 4 aA Atff,'r* 1 . -----------,-,j r>. -\- \, \--.-•-t4-4-. A, •vi MIIr-..--,/s‘/<,\>\\\-—\-\\-,)',\ \I_-r,_),,,,,,/„--,,,\z,_\,.•,'Wo,=- _nT%2N, , \ , ,•,\ .'>,>-6 --- / - - /- . k :A D'i-1. i lift/ e\'\ / .e\\ 1 Mil "IR ) III-4—VI /' 7 i "' sY // •; IP , II.. NE! A , / INN* 4 ig 4 , .,.......... 0 , , , 40 POSpArlit • I __, pp iq NJ, IP ,61XCY ......• cn 1 • in CD CD Ala , / 1 , \4------r N RANCHO VISTOSO BL 70 'CP L oz)ax ,--'-fs-•7- .. 0 cp, . C40, ---/-1\1 abb., I ,,/ . 9 QDicb , 0 II i,,, , Q t-si 7-7-7-Lj i 4 \ I / /' i 0:007. i / /0jizo 1 , Z, Z i s • TOWN OF ORO VALLEY —OUNCIL COMMUNICATION MEETING DATE: December 6, 2006 TO: HONORABLE MAYOR & COUNCIL FROM: Kathryn Cuvelier, Town Clerk SUBJECT: RESOLUTION NO. (R)06- 101 DECLARING THAT DOCUMENT KNOWN AS ARTICLE 8-1 OF THE ORO VALLEY TOWN CODE, ENTITLED "PEDDLER'S CODE 2006" TO BE A PUBLIC RECORD SUMMARY: This Resolution declares amendments to Article 8-1 "Peddler's Code 2006" of the Oro Valley Town Code to be a public record. The Ordinance adopting the Town of Oro Valley Peddler's Code 2006 - Article 8-1 of the Town Code will come before the Town Council fory our consideration on December 20th The attached amendments were requested by the Clerk's Office to expand the requirement for a background investigation to include street vendors. Currently, the Town Code simply requires that street vendors come fore the Mayor and Council for approval, but does not require a background investigation as required for •eddlers. The Town Attorney's Office prepared the amendments as well as provided general "housekeeping" revisions to further improve the Peddler's Code. ATTACHMENTS: 1. Resolution No. (R)06- 101 SUGGESTED MOTION: I move to APPROVE Resolution No. (R)06- 101 v 7 6-1-A4ixe,„, eS.. nr De t Head ti, 4-1,G(A --- Town Manager RESOLUTION NO. (R) 06- 101 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, DECLARING THAT DOCUMENT KNOWN AS ARTICLE 8-1 OF THE TOWN CODE, ENTITLED "PEDDLER'S CODE 2006," TO BE A PUBLIC RECORD BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, that certain document entitled Article 8-1 of The Town Code, entitled "Peddler's Code 2006," attached hereto as Exhibit A, three copies of which are on file in the office of the Town Clerk, is hereby declared to be a public record effective immediately, and said copies are ordered to remain on file with the Town Clerk. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 6Th day of DECEMBER , 2006. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Melinda Garrahan, Town Attorney F:\Clerk\Town Code\Peddlers\Resolution-Public Record.doe Town of Oro Valley Attorney's Oflicel 1/14/2006 EXHIBIT "A" 'tow ARTICLE 8-1 F:\Clerk\Town Code\Peddlers\Resolution-Public Record.doc Town of Oro Valley Attorney's Office!1/14/2006 TOWN OF ORO VALLEY PEDDLER' S CODE 2006 • V/H/M4YAY.!HAIVVAO%AA.A4••••• ,44•1• HrxvAu 4N.MH./b15<.<5,:MV4/AW4UvH/J'.%.,5555YHYJ55,*MONA..A4•HHA".44 VA•4,AM..%!HW %AAVA•WAt•A•A•14ANR44A.!KN%,555!54,R,55./KH5/9W5,A)i455%5 F 5 5H105i5R5NHm...V.N<MY.55.5:5 W5/1Wr:/M51..5..5kp~AAAAAHAWA,M4..P.A4iY.p.Sf:rRNA:n>:^:'/WYR'GY Article 8-1 PEDDLER/ SOLICITOR/TRANSIENT MERCHANT/CANVASSER/ DEMONSTRATOR Sections: 8-1-1 DEFINITIONS 8 1 1 8-1-2 Licensing Required 8 1 2 8-1-3 Application to Town Clerk 8 1 3 8-1-4 Investigation of Applicant; Issuance of License 8-1-5 FEES 8 1 -4 8-1-6 Revocation, DENIAL, RESTRICTION, SUSPENSION of License 8-1-7 APPEALS PROCESS 8 1 5 8-1-8 LICENSE REQUIRED; PROHIBITED ACTIVITIES 8-1-9 PENALTIES 8 1 7 8-1-10 Signs to be Observed 8 1 8 8-1-11 Charitable, Religious and Educational Organizations; Exemption 8-4-9 8-1-12 Bond Required 8 1 10 8-1-13 License Expiration 8 1 11 8-1-14 Transfer Prohibited OF REGISTRATION PROHIBITED 8 1 12 8-1-15 Hours of Solicitation 8-1-1 DEFINITIONS A. "PEDDLER" MEANS ANY PERSON, CORPORATE OR INDIVIDUAL, FIRM OR OTHER ENTITY, WHETHER RESIDENT OF THE TOWN OR NOT, WHO TRAVELS OR WHOSE AGENTS TRAVEL FROM PLACE TO PLACE, FROM HOUSE TO HOUSE, FROM STREET TO STREET OR BUSINESS TO BUSINESS FOR THE PURPOSE OF SELLING, CARRYING, CONVEYING OR TRANSPORTING GOODS, WARES, MERCHANDISE, EDIBLE FOODSTUFFS OR OTHER PROVISIONS, OFFERING AND EXPOSING THE SAME FOR SALE OR MAKING SALES AND DELIVERING SUCH ARTICLES TO PURCHASERS. IT IS FURTHER PROVIDED THAT A PERSON WHO SOLICITS ORDERS AND, AS A SEPARATE TRANSACTION, MAKES DELIVERY TO PURCHASERS AS A PART OF THE SCHEME OR DESIGN TO EVADE THE PROVISIONS OF THIS TITLE SHALL BE DEEMED A PEDDLER SUBJECT TO THE PROVISIONS CONTAINED IN THIS CHAPTER; PROVIDED THAT THE DEFINITION SHALL INCLUDE ANY PERSON OR FIRM WHO, FOR HIMSELF OR ITSELF OR FOR ANOTHER PERSON OR FIRM, HIRES, LEASES, USES OR OCCUPIES ANY BUILDING, PERMANENT OR TEMPORARY STRUCTURE, HOTEL ROOM, LODGING HOUSE, APARTMENT, SHOP, OR ANY STREET, ALLEY, SIDEWALK OR OTHER PLACE WITHIN THE TOWN. B. "SOLICITOR" MEANS ANY PERSON, CORPORATE OR INDIVIDUAL, FIRM OR OTHER ENTITY, WHETHER RESIDENT OF THE TOWN OR NOT, WHO TRAVELS, OR WHOSE AGENTS TRAVEL FROM PLACE TO PLACE, FROM HOUSE TO HOUSE, FROM STREET TO STREET OR FROM BUSINESS TO BUSINESS TAKING OR ATTEMPTING TO TAKE ORDERS FOR SALE OF GOODS, WARES AND MERCHANDISE, EDIBLE FOODSTUFFS, OR OTHER PERSONAL PROPERTY OF ANY NATURE WHATSOEVER FOR FUTURE DELI_V_ERY_,OR FOR SERVICES TO BE FURNISHED OR PERFORMED IN THE FUTURE, WHETHER COLLECTING ADVANCE PAYMENTS ON THOSE SALES OR NOT; PROVIDED THAT THE DEFINITION SHALL ALSO INCLUDE ANY PERSON OR FIRM WHO, FOR HIMSELF OR ITSELF OR FOR ANOTHER PERSON OR FIRM, HIRES, LEASES, USES OR OCCUPIES ANY BUILDING, PERMANENT OR TEMPORARY STRUCTURE, HOTEL ROOM, LODGING HOUSE, APARTMENT, SHOP, OR ANY STREET, ALLEY, SIDEWALK OR OTHER PLACE WITHIN THE TOWN. C. "TRANSIENT MERCHANT" MEANS ANY PERSON, CORPORATE OR INDIVIDUAL, FIRM OR OTHER ENTITY, WHETHER OWNER OR OTHERWISE, WHETHER A RESIDENT OF THE TOWN OR NOT, WHO ENGAGES OR WHOSE AGENTS ENGAGE, IN A TEMPORARY BUSINESS OF SELLING AND DELIVERING GOODS, WARES, MERCHANDISE, EDIBLE FOODSTUFFS, OR OTHER SERVICES OR PROVISIONS WITHIN THE TOWN, AND WHO, IN FURTHERANCE OF THAT PURPOSE, SHALL INCLUDE ANY PERSON OR FIRM WHO, FOR HIMSELF OR ITSELF OR FOR ANOTHER PERSON OR FIRM, HIRES, LEASES, USES OR OCCUPIES ANY BUILDING, PERMANENT OR TEMPORARY STRUCTURE, HOTEL ROOM, LODGING F:\Clerk\Town Code\Peddlcrs\Article 8-1 Final.doc 2 T own of Oro Valley Attorney's O1Tice/ca/110606 HOUSE, APARTMENT, SHOP, OR ANY STREET, ALLEY, SIDEWALK OR • OTHER PLACE WITHIN THE TOWN. D. "CANVASSER" MEANS ANY PERSON, CORPORATE OR INDIVIDUAL, FIRM, OR OTHER ENTITY, WHETHER OWNER OR OTHERWISE, WHETHER A RESIDENT OF THE TOWN OR NOT, WHO TRAVELS OR WHOSE AGENTS TRAVEL FROM PLACE TO PLACE, FROM HOUSE TO HOUSE, FROM STREET TO STREET OR FROM BUSINESS TO BUSINESS TO SOLICIT ORDERS OR WHO CONDUCTS A SURVEY OF PUBLIC OPINION AND WHO, IN FURTHERANCE OF THAT PURPOSE, SHALL INCLUDE ANY PERSON OR FIRM WHO, FOR HIMSELF OR ITSELF OR FOR ANOTHER PERSON OR FIRM, HIRES, LEASES, USES OR OCCUPIES ANY BUILDING, PERMANENT OR TEMPORARY STRUCTURE, HOTEL ROOM, LODGING HOUSE, APARTMENT, SHOP, OR ANY STREET, ALLEY, SIDEWALK OR OTHER PLACE WITHIN THE TOWN. E. "DEMONSTRATOR" MEANS ANY PERSON, CORPORATE OR INDIVIDUAL, FIRM, OR OTHER ENTITY, WHETHER OWNER OR OTHERWISE, WHETHER A RESIDENT OF THE TOWN OR NOT, WHO TRAVELS OR WHOSE AGENTS TRAVEL FROM PLACE TO PLACE, FROM HOUSE TO HOUSE, FROM STREET TO STREET OR FROM BUSINESS TO BUSINESS DEMONSTRATING PRODUCTS FOR SALE, AND WHO, IN FURTHERANCE OF THAT PURPOSE, SHALL INCLUDE ANY PERSON OR FIRM WHO, FOR HIMSELF OR ITSELF OR FOR ANOTHER PERSON OR FIRM, HIRES, LEASES, USES OR OCCUPIES IOW ANY BUILDING, PERMANENT OR TEMPORARY STRUCTURE, HOTEL ROOM, LODGING HOUSE, APARTMENT, SHOP, OR ANY STREET, ALLEY, SIDEWALK OR OTHER PLACE WITHIN THE TOWN. 8 1 1 8-1-2 Licensing Required Any person operating as a solicitor, peddler, haw - , . - '- . - = - goods, wares, merchandise, magazines or services, who enters residential property in the town shall first obtain a license from-the-town-and nn obtain an identification card showing such licensing. The purpose of licensing is to protect the public against unlawful ac • ' . . . . . . • .• • . . . falsely representing themselves . : -: : - : • • : ; • ' = : = • • - - those who do not want to be d4sturbed by such activities on their property. SUBJECT TO THE PROVISIONS OF A.R.S. § 3-563, ANY PERSON OPERATING AS A PEDDLER, SOLICITOR, TRANSIENT MERCHANT, CANVASSER OR DEMONSTRATOR WITHIN THE TOWN SHALL REGISTER WITH THE TOWN CLERK AND OBTAIN A LICENSE SHOWING THAT REGISTRATION. %or F:\Clerk\Town Codc\Peddlers\Article 8-1 Final.doc 3 T own of Oro Valley Attorney's Office/ca/110606 • 8-1 2 8-1-3 Application to Town Clerk Applicants for a license under this Article must file with the Town Clerk a notarized application in writing on a form to be furnished by the Town Clerk, which shall contain, but not necessarily be limited to, the following information: A. Name and PHYSICAL description of applicant. B. Address (legal and local). COMPLETE BUSINESS ADDRESS AND COMPLETE PERMANENT HOME ADDRESSES OF THE APPLICANT. IN THE CASE OF A TRANSIENT MERCHANT, THE LOCAL ADDRESS FROM WHICH THE PROPOSED SALES WILL BE MADE OR FACILITATED. C. A description of the product(S) to be sold in the Town, along with information regarding sales methods to be used. Applicants shall provide the names of, and a means of contacting, at least two property owners residing in Pima County, who will certify as to the applicant's good character and business reputation; or, in lieu of the names of such references, such other available evidence as to the good character and business reputation of the applicant as will enable an investigator to properly evaluate the applicant's character and business responsibility. Initial investigation by the Chief of Police under the provision of this Article shall be completed within fifteen (15) BUSINESS-days after the applicant has given SUBMITTED the required information. This time may be extended if information OBTAINED DURING THE INITIAL INVESTIGATION neeessitating-NECESSITATES additional investigation. is obtained during the initial investigation, Applicant shall furnish information relating to other licenses obtained by applicant, including whether such licenses have been revoked. D. If employed, the name and address of the employer, together with credentials PROOF establishing the employment relationship. NO POST OFFICES-BOX ADDRESSES WILL BE ACCEPTED. E. The length of time for which the right to do business is desired. F. If a vehicle is to be used, a description of same DESCRIPTION OF ANY VEHICLES, INCLUDING, together with license number AND VALID VEHICLE REGISTRATION TO BE USED IN CONDUCTING BUSINESS IN THE TOWN. -and other means of vehicle identification. G. Applicant is-to SHALL furnish two photographs of applicant taken within sixty (60) days immediately prior to the date of filing of the application, measuring one-and-one- half inches by two inches (1 1/2" x 2"), and showing the head and shoulders of the applicant in a clear and distinguishing manner. ONE SHALL one-to be attached to the applicant's identification card and the other to SHALL be retained by the police department. .LL F:\Clerk\Town Code\Peddlers\Article 8-1 Final.doc 4 T own of Oro Valley Attorney's Office/ca/110606 . I I • H. The Chief of Police shall require the applicant to file his/HER fingerprint identification with the Police Department. I. A statement as to whether or not the applicant has been convicted of: 1) any criminal offense, whether felony or misdemeanor, other than minor traffic violations; Of AND 2) convicted for ANY violation of any municipal laws. As to any such offense, the date and place of conviction, the nature of the offense, and the punishment or penalty imposed must be provided as part of the application. J. THE MOST RECENT COUNTIES, CITIES OR TOWNS, IF ANY, WHERE THE APPLICANT CARRIED ON BUSINESS PRECEDING THE DATE OF APPLICATION AND THE ADDRESS FROM WHICH BUSINESS WAS CONDUCTED IN THOSE MUNICIPALITIES. J-K. If the applicant is UNDER THE AGE OF 18, such applicant shall not be fingerprinted but no license shall be issued unless the minor's parent(s) or guardian(s) appear personally before the town clerk or the authorized designee and provide the following. 1. sSatisfactory evidence that the person or persons are in fact the parent(s) or guardian(s) of the particular applicant. tay2. A written statement signed by the parent(s) or guardian(s) and witnessed by the Town Clerk, or the authorized designee of the town clerk OR HIS/HER DESIGNEE, giving permission for the applicant to be licensed upon the meeting of the provisions of this Article. 84-3 8-1-4 Investigation of Applicant; Issuance of License A. Upon receipt of an application, the Town Clerk'S OFFICE shall cause an •- - ':. ': - : :- -- .:- : -- INVESTIGATE THE applicant's business reputation and also shall forward a copy of the application to the Chief of Police OR HIS/HER DESIGNEE, - - - - •• - � " . . -: � -: - - . ' , who shall . . . - • . : - : : .: CONDUCT A BACKGROUND CHECK REGARDING the applicant's criminal record, as deemed necessary for the protection of the health, safety and general welfare of the public. B. If, as the result of investigation by the Town Clerk regarding the business reputation of the applicant or by the Chief of Police regarding AND the criminal record of the applicant, either THE TOWN CLERK AND/OR THE CHIEF OF POLICE finds that issuance of a license will endanger the public health, safety or general welfare, the Town Clerk's or Chief of Police's denial and the reasons for denial shall be noted on the application, and the applicant shall be notified by the Town Clerk that his ether application is denied and that no license will SHALL be issued. Examples of instances in which denial may occur include, but are not limited to, the following: applicant has criminal convictions whether misdemeanors and/or felonies involving crimes of F:\Clerk\Town Code\Poddlers\Article 8-1 Final.doc 5 T own of Oro Valley Attorney's Office/ca/110606 dishonesty, deceit, trickery, Or fraud AND/OR ASSAULT OR VIOLENT CRIMES; applicant is associated with a company that has engaged in fraudulent dealings; the proposed or previous sales of applicant include or have included some element of trickery, fraud, dishonesty or deceit. Notice of DENIAL OF a license shall be mailed, CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to the applicant at the address shown on the application form, or at the applicant's last known address. THE APPLICANT MAY REQUEST A REVIEW OF SUCH DENIAL PURSUANT TO SECTION 8-1-7. C. If, as the result of investigation, BOTH THE BUSINESS REPUTATION AND the criminal record of the applicant is found to be satisfactory BY BOTH THE TOWN CLERK AND then the Chief of Police, THE Chief of Police shall endorse his/her approval on the application and shall return the application to the Town Clerk who shall endorse his/her approval on the application. ' -- .:: ' . - ' : . •-- -: . . *:- • :. -: to be satisfactory. Upon SUCH ENDORSEMENT AND payment of the prescribed business license fee, the Town Clerk shall deliver ISSUE the required license/identification card to the applicant. If a privilege license as set forth in Oro Valley Town Code, Article 8A, is required by the nature of t - : . '-- -- . :: ' . • :- - carry on, and has been obtained by the applicant, a license under this ordinance shall be issued by the town clerk upon payment of the required-fees 8-1-5 FEES A. BEFORE ISSUING A LICENSE, THE APPLICANT SHALL PAY A FEE WHICH IS DUE AND COLLECTED ON OR BEFORE JANUARY 31 OF EACH YEAR. THE FEE FOR SUCH LICENSE IS $80.00. B. ANY ANNUAL BUSINESS LICENSE FEE UNPAID AFTER IT IS DUE AND PAYAB I ' S t EN . 5 Tv ' -LERK SHALL, ON THE DAY THE BUSINESS LICENSE FEE BECOMES DELINQUENT, ADD THERETO A PENALTY IN THE SUM OF TWENTY-FIVE PERCENT (25%) OF THE TOTAL UNPAID FEE. IF A DELINQUENT BUSINESS LICENSE FEE REMAINS UNPAID FOR A PERIOD OF FIFTEEN (15) DAYS, THE LICENSEE SHALL BE GUILTY OF THE CIVIL VIOLATION OF OPERATING A BUSINESS AS DEFINED BY THIS CHAPTER WITHOUT A LICENSE. C. PRORATING ANNUAL FEES. ANNUAL BUSINESS LICENSE FEES SHALL BE DIMINISHED BY ONE-TWELFTH OF THE FULL ANNUAL LICENSE FEE FOR EACH MONTH OF THE BUSINESS LICENSE PERIOD WHICH HAS FULLY LAPSED AT THE DATE OF THE LICENSE APPLICATION. 84-4 8-1-6 Revocation, RESTRICTION, SUSPENSION of License A. A license under this Article may be revoked, RESTRICTED OR SUSPENDED by the Town after notice by the Town Clerk, for any of the following causes: (1) fraud, misrepresentation or false statement contained in the application; (2) fraud, F:\Clerk\Town Code\Peddlers\Article 8-1 Final.doc 6 T own of Oro Valley Attorney's Office/ca/110606 misrepresentation or false statement made by the applicant in the course of carrying on the business of Peddler, Solicitor, hawker, salesman or vendor TRANSIENT MERCHANT, CANVASSER OR DEMONSTRATOR; (3) conviction of any assault or violent crime(s); (34) violation of any provision of this article; (45) conviction of any crime involving moral turpitude; (56) conducting the business of Peddler, Solicitor hawker, salesman or vendor TRANSIENT MERCHANT, CANVASSER OR DEMONSTRATOR in such a manner as to constitute a breach of the peace or to cause a menace POSE A DANGER to the health, safety or general welfare of the public; (67) failure to pay any license fee or sales tax; (78) violation of licensing or other ordinances; (89) unlawful business practices; (910) unlawful conduct of employees of the licensee; (4-911) violation of regulations of a federal administrative agency; (4412) cancellation of the licensee's bond by a surety; and (-1413) unlawful conduct by the licensee; AND (14) AS DEEMED NECESSARY IN THE INTEREST OF PUBLIC SAFETY AND PROTECTION. B. IF A LICENSE IS REVOKED, THE REVOCATION SHALL BE EFFECTIVE IMMEDIATELY AND THE APPLICANT SHALL NOT CONDUCT ANY BUSINESS ACTIVITY WITHIN THE TOWN. 8-1-7 APPEALS PROCESS Board of Adjustment within fifteen (15) calendar days. Notice shall be mailed, postage known address of the licensee. clerk shall transmit the written statement to the Board of Adjustment within ten (10) days of its receipt and the Board of Adjustment shall set a time and place for a hearing on the appeal. A hearing shall be Jet not later tha-n twenty days from the date of receipt of the the written statement. Notice of the time and place of the hearing shall be given to the A. AT THE TIME OF DENIAL OR REVOCATION, THE TOWN CLERK SHALL GIVE WRITTEN NOTICE BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED TO THE PERSON IN CONTROL OF THE BUSINESS THAT THE F.\Clerk\Town Code\Peddlers\Article 8-1 Final.doc 7 T own of Oro Valley Attorney's Office/ea/110606 LICENSE HAS BEEN DENIED OR REVOKED. THE NOTICE SHALL ALSO ADVISE THAT THE APPLICANT OR LICENSEE SHALL HAVE TEN (10) BUSINESS DAYS TO FILE AN APPEAL TO THE TOWN MANAGER OR HIS/HER DESIGNEE FOR THE PURPOSE OF DETERMINING WHETHER THE LICENSE SHOULD HAVE BEEN DENIED OR REVOKED. ANY APPEAL SHALL BE IN WRITING, ON A FORM PROVIDED BY THE TOWN CLERK, AND SHALL SET FORTH ALL FACTS AND ARGUMENTS CONCERNING WHETHER THE LICENSE SHOULD HAVE BEEN DENIED OR REVOKED. IF THE APPEAL IS NOT TIMELY MADE, THE CLERK'S DECISION IS FINAL. THE DECISION OF THE TOWN MANAGER AND/OR HIS DESIGNEE IS FINAL AND BINDING. THE WRITTEN DECISION SHALL BE SENT BY REGULAR MAIL TO THE BUSINESS ADDRESS. 8-1-8 ' • : : • • • • : . • ; • ' ' ! - :. ! LICENSE REQUIRED; PROHIBITED ACTIVITIES WHEN DISPLAYING THE LICENSE ISSUED BY THE TOWN, ONLY THE ORIGINAL LICENSE SHALL BE DISPLAYED. It is unlawful FOR: _ -__-__ A.For any-P__EDDLER,SOLICIT_OR,_TRANSIENLMERCHANT_ CANVAS SER OR DEMONSTRATOR TO ACT IN FURTHERANCE OF THE COMMERCIAL ACTIVITY DESCRIBED IN SECTION 8-1-1- to take part in the act of soliciting, peddling, hawking, selling or vending, of goods, wares, merchandise, magazines or services by entering upon private residential property, PUBLIC OR in the Town PROPERTY without having first obtained a license and identification card; without having the Town CLERK issued identification card in their possession; or failing to exhibit such identification card when request is made for - . . . • - . _ , : - a .: : person legally in charge of the premises. B. ANY PEDDLER, SOLICITOR, TRANSIENT MERCHANT, CANVASSER OR DEMONSTRATOR TO ERECT OR MAINTAIN ANY MOVEABLE BOOTH, STAND OR COUNTER ON ANY SIDEWALK, STREET OR ALLEY IN THE TOWN FOR THE CARRYING, CONVEYING OR TRANSPORTING GOODS, WARES, MERCHANDISE, EDIBLE FOODSTUFFS, SERVICES OR PROVISIONS IN ANY WAGON, CART, WHEEL, VEHICLE, MOVABLE BOOTH OR STAND FOR THE PURPOSE OF CARRYING, CONVEYING OR TRANSPORTING GOODS, WARES, MERCHANDISE, EDIBLE FOODSTUFFS, SERVICES OR PROVISIONS AND/OR CANVASSING AND DEMONSTRATING. C. ANY PEDDLER, SOLICITOR, TRANSIENT MERCHANT, CANVASSER OR DEMONSTRATOR TO OPERATE IN A CONGESTED AREA WHERE THE OPERATION MAY IMPEDE OR INCONVENIENCE THE PUBLIC USE OF THE STREET, ALLEY, SIDEWALK, OR RIGHT OF-WAY. FOR THE PURPOSE OF THIS CHAPTER, THE JUDGMENT OF A POLICE OFFICER, EXERCISED IN GOOD FAITH, IS CONCLUSIVE AS TO WHETHER THE F:\Clerk\Town Code\Peddlers\Article 8-1 Final.doc 8 T own of Oro Valley Attorney's Oflicc/ca/110606 f . AREA IS CONGESTED AND THE PUBLIC IS IMPEDED OR INCONVENIENCED. D. ANY CHILD OR CHILDREN UNDER THE AGE OF 18 YEARS TO BE A PEDDLER, SOLICITOR, TRANSIENT MERCHANT, CANVASSER OR DEMONSTRATOR WITHIN THE TOWN PURSUANT TO A PERMIT GRANTED UNDER THIS CHAPTER UNLESS SUPERVISED BY A RESPONSIBLE ADULT HOLDING A PERMIT ISSUED PURSUANT TO THIS CHAPTER. Any person found guilty of violating this Section or any other Section of this ordinance - - - .- --• .-.._ -• - - - - -- -- • to exceed twenty five hundred dollars ($2,500.00) or by imprisonment not to exceed six (6) months or by both such fine and imprisonment. Each clay that a violation continues shall be a separate offense. 8-1 . .. . . • . . • •. . . . . . . . It is unlawful for any person to erect or maintain any booth, stand or counter on any sidewalk in the town for the purpose of barter, sale or trade or keep-or--maintain upon the streets or alleys any wagon, cart,_wheel,_vehicle,_movable booth or stand 8-1-9 PENALTIES A. CRIMINAL Any person found guilty of violating this Section or any other Section of this ordinance ARTICLE shall be guilty of committing a class 1 misdemeanor punishable by a fine not to exceed twenty-five hundred dollars ($2,500.00) or by imprisonment not to exceed six (6) months or by both such fine and imprisonment. Each day that a violation continues shall be a separate offense. B. CIVIL IN THE ALTERNATIVE, THE TOWN MAY PURSUE ENFORCEMENT OF THIS ARTICLE BY FILING A CIVIL ACTION. IN SUCH INSTANCE, IF A VIOLATION OF ANY PORTION OF THIS ARTICLE OCCURS, A COMPLAINT SHALL BE FILED WITH THE TOWN MAGISTRATE COURT AND SERVED UPON THE DEFENDANT BY CERTIFIED MAIL. AT THE VIOLATION HEARING, THE TOWN IS REQUIRED TO PROVE THE VIOLATION CHARGED BY A PREPONDERANCE OF THE EVIDENCE. TECHNICAL RULES OF EVIDENCE DO NOT APPLY, EXCEPT FOR STATUTORY PROVISIONS RELATING TO PRIVILEGED COMMUNICATIONS. IF THE DEFENDANT IS FOUND TO HAVE VIOLATED ANY PROVISION OF THIS ARTICLE, THE MAGISTRATE SHALL IMPOSE A CIVIL PENALTY OF UP TO $2,500. IN THE EVENT THE DEFENDANT SHOULD FAIL TO APPEAR, THE TOWN MAY SEEK JUDGMENT BY DEFAULT. F:\Clerk\Town Code\Peddlers\Article 8-1 Final doc 9 T own of Oro Valley Attorney's OfTice/ca/110606 EACH DAY THAT THE VIOLATION CONTINUES SHALL CONSTITUTE A SEPARATE OFFENSE. 8 1-7 8-1-10 Signs to be Observed It is unlawful for any persen PEDDLER, SOLICITOR, TRANSIENT MERCHANT, Of Canvasser OR DEMONSTRATOR, while conducting the business of Peddler, Solicitor, TRANSIENT MERCHANT, CANVASSER OR DEMONSTRATOR to enter upon any residential premises in the Town to ring the doorbell or knock at any building where the owner, occupant or person legally in charge of the premises has posted in plain view at the entry to the premises, on or near the doorway of the premises, or at the entry to the principal building on the premises a sign bearing the words "No Peddlers", "No Solicitors", "No Canvassers" or a similar message. 8-1-8 8-1-11 Charitable, Religious and Educational Organizations; Exemption A. Any organization, society, association or corporation OR OTHER ENTITY desiring to solicit, or have solicited in its name, money, donations of money or property, or financial assistance of any kind, or desiring to sell or distribute any item of literature or merchandise for which a fee is charged or solicited from persons, other than members of such organization,-upon the streets, in office or business-buildings;- y=house to house canvass, or in public places for a charitable, religious, educational, or similar nonprofit purpose shall be exempt from the payment of fees as provided in Section 8 1 2 8-1-5 of this Article provided there is filed a sworn application in writing on a form to be furnished by the Town CLERK which shall give the following information: 1. Name and purpose of the cause for which permit is sought. 2. Names and addresses of the officers and directors of the organization. 3. Period during which solicitation is to be carried on. 4. NAMES AND ADDRESSES OF ALL PERSONS WHO WILL ENGAGE IN SOLICITATION ACTIVITIES. 4.5. Whether or not any commission, fees, wages or emoluments are to be expended in connection with such solicitation and the amount thereof. 56. Exempt applicants shall cite to the Town Clerk the statute or other legal authority under which exemption is claimed and shall provide proof of qualification for such exemption. 677. Before commencing any fund drive, the organization shall file with the Town Clerk the dates of solicitation and a verified statement or a declaration under the penalty of perjury, signed by the president or other duly authorized officer of the organization, F:\Clerk\Town Code\Peddlers\Article 8-1 Final.doc 1 0 T oval of Oro Valley Attorney's Office/ca/110606 • r indicating that the organization qualifies as tax exempt under federal or state income tax ‘11Nor laws. B. Upon being satisfied that such organization, association or corporation is a religious, educational, charitable, or similar nonprofit organization, the Town Clerk shall issue a permit without charge to such organization, association or corporation to solicit in the town. Such organization, association or corporation shall furnish all of its members, agents or representatives conducting solicitation WRITTEN credentials, ' , stating the name of the organization, name of agent and purpose of solicitation. C. Notwithstanding the provision of this Section, individuals soliciting for nonprofit, charitable and religious purposes must refrain from soliciting if the premises is posted in the manner set forth in Section 8 1 7 8-1-10 with a sign bearing the words "No Peddlers," "No Solicitors", "No Canvassers" or works of similar import and shall be subject to the prohibitions set forth in Section 8-1-8. 8- 1 9 8-1-12 Bond Required Any Peddler, Solicitor, TRANSIENT MERCHANT, transient peddler, solicitor, salesman CANVASSER OR DEMONSTRATOR, before any license is issued to him ANY PERSON, CORPORATE OR INDIVIDUAL, FIRM OR OTHER ENTITY, pursuant to this Chapter ARTICLE, shall file with the Town Clerk a good and sufficient bond in the sum of one thousand dollars ($1,000.00)payable to the town executed by two or more good and sufficient sureties or by a surety company authorized to become surety on such bonds in the state or in lieu thereof shall file a cash deposit of one thousand dollars ($1,000.00) with the Town Clerk. Such bond or cash deposit shall be conditioned that the whole or any part of such sum of one thousand dollars ($1,000.00) shall be paid to any person failing to receive a delivery of goods ordered or services to be performed in accordance with the terms of any order given, for the amount such person has advanced as payment in whole or in part on any such order, and such bond or cash deposit shall be conditioned further that any person aggrieved by the action of any such person shall have a right of action against such bond for the recovery of money or damages or both. For permanent address within Pima County, Arizona. Every business, firm, company or corporation, which has employees or agents acting in the capacity of solicitor PEDDLER, SOLICITOR, TRANSIENT MERCHANT salesman, or canvasser CANVASSER OR DEMONSTRATOR shall file with the Town a blanket surety bond or cash deposit covering all such employees or agents and payable to the Town in the amount of five thousand dollars ($5,000.00). Such bond shall be retained by the Town for a period of ninety(90) days after the expiration of the license granted at the time of the filing of such bond and shall be paid to any person failing to receive a delivery of the goods ordered or services to be performed in accordance with the terms of any order given, for the amount such person has advanced as payment in whole or in part on any such order, and such bond or cash deposit shall be conditioned further that any person aggrieved by the action against such bond for the recovery of money or damages or both. Sop, F:\Clerk\Town Code\Peddlers\Article 8-1 Final.doc 11 T own of Oro Valley Attorney's Office/ca/110606 • 8-14-0 8-1-13 License Expiration All licenses issued under the provisions of this Chapter shall expire at the end of the calendar year in which it was issued unless an earlier expiration date is noted on the license. 8-1-14 8-1-14 Transfer Prekihited OF REGISTRATION PROHIBITED It is unlawful for any person other than the licensee to use or wear any license, badge, or identification card issued under the provisions of this chapter. NO LICENSE ISSUED UNDER THE PROVISIONS OF THIS ARTICLE SHALL BE ASSIGNED OR TRANSFERRED TO ANY OTHER PERSON, CORPORATION, PARTNERSHIP OR OTHER ENTITY WITHOUT FIRST OBTAINING PERMISSION FROM THE TOWN CLERK. 8441 8-1-15 Hours of Solicitation It is unlawful for any person, while conducting the business of a Peddler, Solicitor, TRANSIENT MERCHANT salesman-Of Canvasser OR DEMONSTRATOR to enter upon any residential premise&between iQO_p.m.-__ancL9:0_0_a.m. F:\Clerk\Town Code\Peddlers\Article 8-1 Final.doc 1 2 T own of Oro Valley Attorney's Office/ca/110606 SUPPLEMENTAL ITEM L TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETIN ` r�rw T �� � er 6, 2006 L;'::_ --2•t: ',.:it1:::.-:" TR; TO: HONORABLE MAYOR & COUNCIL FROM: David Ronquillo, Senior Planner SUBJECT: Addendum: 0V12-86-09F, MMLA-Psomas, representing Electronic Communities, requests approval of a final plat for a re-subdivision of Pusch Ridge, located within the La Reserve Planned Area Development, Parcels#220-11-0400, 041A 0430, 0440, 0450, 0460, 048A, 0490, 050A, 0520, 0530, 055A, 0560, 0570, 058A, 0600, 0610 and 063A NEW INFORMATION: The applicant has submitted a formal request to continue this item to January 3r1, 2007 to make minor changes to the final plat. Staff notes that the Town Council plans to cancel the January 3rd, 2007 meeting; therefore, the next available Town Council hearing will be January 17th, 2007. Attachment: Applicant's request CC: -tie Davis max: 292-1290 i / / .;� / . A ' Planning and Zo ' : dministrator C o riunity Devel ent Direc or 0 / ii , /C./ ."; 7 ------) T• cv _i -er ii/i'Z'? - A. '. ant To Manager ant Town Manager Page 1 of 2 Vella, Bayer From: Pattie Davis [pdavis©psomas.com] Sent: Monday, December 04, 2006 7:56 AM To: Ronquillo, David;Vella, Bayer Cc: Valerie Feuer Subject: RE: Pusch Ridge Ov12-86-09F Bayer, Psomas respectfully requests that the Pusch Ridge Final Plat (0V1286-09F) be continued from the December 6th , 2006 Town Council until the Jan 3rd , 2007 Town Council. We intend to resubmit the plat early this week with a minor change. Please let me know if you have any questions. Thank you. Pattie Davis PSOMAS Planner II 800 E. Wetmore Road Suite 110 Tucson, AZ 85719 www.psomas.com 520.292.2300 520.292.1290 fax PSOMAS Celehrat in g 60 Years From: Ronquillo, David [mailto:DRonquillo@orovalley.net] Sent: Friday, December 01, 2006 4:57 PM To: Pattie Davis Cc: Vella, Bayer Subject: RE: Pusch Ridge 0v12-86-09F Pattie, Please revise your request to specify a request for continuance indefinitely to allow adequate time to make minor changes to the plat. Please forward this to my boss so we can attach the request to the continuance report. Thanks, David From: Pattie Davis [mailto:pdavis@psomas.com] Sent: Friday, December 01, 2006 10:58 AM To: Ronquillo, David Cc: Valerie Feuer; Jerry Edwards; Ernie Gomez Subject: Pusch Ridge 0v12-86-09F David, Please pull the Pusch Ridge Lots 12-31 (0V12-86-09F) Final Plat from the Agenda for 12-6-06. We will be making another submittal next week with changes talked about at the DRC meeting today. Please let us know when is the soonest TC meeting we can get on if we submit next week. Thanks 12/04/2006 TOWN OF ORO VALLEY I COUNCIL COMMUNICATION MEETING DATE: December 6, 2006 TO: HONORABLE MAYOR& COUNCIL FROM: David Ronquillo, Senior Planner SUBJECT: OV12-86-09F, MMLA-Psomas, representing Electronic Communities, requests approval of a final plat for a re-subdivision of Pusch Ridge, located within the La Reserve Planned Area Development, Parcels 220-11-0400, 041A 0430, 0440, 0450, 0460, 048A, 0490, 050A, 0520, 0530, 055A, 0560, 0570, 058A, 0600, 0610 and 063A EXECUTIVE SUMMARY OF APPLICATION: Nature of Application: All designand site layout issues related to zoningrequirements as well as specifications of all reviewing y q agencies were approved as part of the preliminary plat process. The final plat is the mechanism for recordation of a subdivision (residential or condominium), as well as recordation of all easement information for utility purposes etc. Finalp lats are submitted for review and action by the Town Council. Final plat approval is required before any improvements such as grading, sewers, water and paving can begin in a subdivision. In this case, finalplat was previously approved in 1990. This request entails modification of the existing ` a final plat. Current Site Conditions: • The La Reserve Planned Area Development designates this parcel as residential. • The subdivision consists of 15.7 acres. • The subdivision has been graded due to previous approval of the improvement plans (paving, grading, sewer etc.) from the original final plat. • The topography of the site slopes significantly from the southeast to northwest. • A mix of native vegetation is found throughout the site. Proposed Improvements: • The subdivision will provide a total of 20 single family lots (the original plat consisted of 26 lots). • The average size is 13,487 square feet. • Visitor parking is provided along the streets. • Common Area"B" will be left as natural and undisturbed. BACKGROUND: Approvals to Date: The preliminary plat and final plat for this subdivision were previously approved in 1990. TOWN OF ORO VALLEY COUNCIL COMMUNICATION, OV 12-86-09F Page 2 of Surrounding Land Uses: Orientation: Zoning: Land Use: North La Reserve PAD - Residential Pusch Ridge at La Reserve Subdivision South La Reserve PAD - Residential La Reserve II Subdivision East Pima County Coronado National Forest West La Reserve PAD—Residential Fairfield at La Reserve Subdivision A. GENERAL PLAN COMPLIANCE General Plan conformance was analyzed and applied to the site design as part of the preliminary plat review process. B. LA RESERVE PAD COMPLIANCE The final plat is in general conformance with the La Reserve PAD. C. OVZCR COMPLIANCE All site design issues were resolved as part of the preliminary plat process. The revised final plat is simply adjusting internal property lines onto an approved design. The proposed final plat is in conformance with OVZCR requirements. D. ENGINEERING REVIEW Staff has found that all engineering related Zoning Code items and other engineering comments have been corrected and/or addressed. This Final Plat conforms to the approved preliminary plat and improvement plans. In addition, engineering staff finds that all property lines as presented on this Final Plat are surveyable in accordance with local and State code. SUMMARY OF FACTORS: Factors For: 1. The final plat meets all applicable OVZCR and La Reserve PAD requirements. 2. The plat conforms to the design previously approved as part of the preliminary plat. 3. The proposal conforms to all applicable General Plan policies. Factors Against: 1. None. SUGGESTED MOTION: The Town Council may wish to consider one of the following suggested motions: I move to [approve, approve with conditions, OR deny] OV12-86-09F, MMLA Psomas, representing Electronic Communities, requests approval of a final plat resubdivision. F:\OV\OV12\1 986\1 2-86-9FTPTCrpt.1 2-6-06.doc TOWN OF ORO VALLEY I COUNCIL COMMUNICATION, OV12-86-09F Page 3 of 3 Attachment: 1. Final Plat. cc: Pattie Davis, 292-1290 r ; t , ' 1 A 4 - LeX•Y _ Plans ing and Zoning A. 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'b' \ 6'\x-0 / / 00F,, \\em, ��, '+'l>''• °� 7'��L i -1.,,.,',, / .o J 90, . � �• i Q rn N w 4 z 3s O"�, �' , �l ‘s,:_:;°ar 0w w c� \ v, C UO,) cbu'O 60\. \\ • �W� .~OO \.P \ a ge J o w 4e/4? -aa;� . co c O�.D�W ,, z D mo it z o-°cp ipa, vi. rn '1=TDrD �fT1' 741 �0, ovoDmZmnr �frD�� ➢-,O O c �B.F ,2 :2w cp zmz y�i ➢ g /^� D 0' : O' UN- BOOK i> y,'0 PAGE TOWN OF ORO VALLEY 2 COUNCIL COMMUNICATION MEETING DATE: December 6, 2006 TO: HONORABLE MAYOR & COUNCIL FROM: Craig Civalier, Town Engineer SUBJECT: Public Hearing Concerningthe Notice of Intent to Increase the Oro Valley Town-Wide Roadway Development Impact Fee. SUMMARY: doted its In 1994 the Town of Oro Valley adopted original development impact fee ordinance for the reconstruction of La Canada Drive from Lambert Lane to Naranja Drive. A fee of$1,035 per imposed on the area of the Town that would directly benefit from single family residence was with the improvement. This ordinance was amended in 1997 to include the entire Town ian impact fee of$1,494. Again in 2000 and 2003 this ordinance was amended with the impact respectively.fees increased to $2,008 and $2,920 . This update recommends a new fee of p Y $3375. On September 20, 2006, the Town Council approved Resolution 06-79 which established the the impact fee. The Arizona Revised Statutes require that a Notice of Intent to increasep days hearing be held at least 60 da s after the Notice of Intent is issued and at least 14 days prior to the scheduled date of adoption of the ordinance increasing the impact fee. The Town Council consideration of the adoption of the Ordinance authorizing the fee increase is Scheduled for the December 20, 2006 Town Council meeting . The new fee would become Effective 90 days after the adoption of the ordinance. FISCAL IMPACT: p If the revised impact fee the is adopted as recommended, the revenue to the Town from Revised impact fee would increase by $455.00 per equivalent dwelling unit. COUNCIL ACTION: No action by the Town Council • equired. Cr • Civ.Iier, Town ineer J Phil Sale , Intenm Asst Town Manager Liett/4 .41 �� David Andrews, Town Manager TOWN OF ORO VALLEY 3 COUNCIL COMMUNICATION MEETING DATE: December 6, 2006 TO: HONORABLE MAYOR& COUNCIL FROM: Sandra L. Abbey, Human Resources Director SUBJECT: Ordinance No. (0)06- 22 Request to revise Town of Oro Valley Policy #21 — Training Employees and Reimbursement for Educational Expenses SUMMARY: The Town's Tuition Reimbursement program is a worthwhile benefit that offers Town employees an opportunity to advance their skills and knowledge through continuing education. However, we have seen pp y several issues arise with our current policy that need to be addressed. The issues are: • The Town does not clearly define which courses are eligible for reimbursement. • The definition of"academic term" and"semester"has changed as many adult oriented learning programs offer courses every 4 to 6 weeks. Our policy of two courses per academic term is no longer valid in most cases. • There is no dollar limit in our current policy. This is causing a significant increase to reimbursement costs as p employees ursue higher level degrees, and does not allow for any control over the costs of our program. • Employees to ees who leave the Town soon after receiving Tuition Reimbursement have no requirement to reimburse the Town. We have surveyed the educational reimbursement policies of other local jurisdictions. Although many of the policies differ greatlyfrom each other, most put some type of limit on the reimbursement amount and also employee require the to repay the Town or City if they leave employment within a certain amount of time. We would like to propose changes to the Town of Oro Valley's policy that will: • More clearly define the types of courses eligible for reimbursement. • Place a cap on the dollar amount eligible for reimbursement per employee per fiscal year. • Require employees who voluntarily terminate employment with the Town to reimburse the Town for any tuition assistance received in the last twelve (12) months of employment prior to voluntary termination. Attached are our proposed revisions to the Town's Tuition Reimbursement Policy. FISCAL IMPACT: Thero osed revisions would allow for a cap on the dollar amount of Tuition Reimbursement allowed per p p employee which will allow us to have more control over the program cost and make it easier to budget for future expenses. UGGESTED MOTION: I move to adopt Ordinance No. (0)06- 22 ATTACHMENTS: 1. Ordinance No. (0)06-22 2. Attachment A — Proposed revisions to Policy 21 — Training Employees and Reimbursement for Educational Expenses 3. Attachment B —Proposed Implementation Plan for revisions to Policy 21 r i'e"-`1.,k- -7/4/1"1-- 4.a/ De' artment Head Town Manager Star ORDINANCE NO. (0) 06- 22 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA AMENDING POLICY NO. 21, TRAINING EMPLOYEES AND REIMBURSEMENT FOR EDUCATIONAL EXPENSES, OF THE TOWN OF ORO VALLEY PERSONNEL POLICIES AND PROCEDURES CODE; 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. WHEREAS, on April 21, 1999, the Town Council did adopt Ordinance Number (0) 99-35, which made that certain document entitled, "Town of Oro Valley Personnel Policies and Procedures Code," part of the Town Code and the official procedural manual for all Town employees; and WHEREAS, the Town of Oro Valley is committed to offering a Tuition Reimbursement program that is a worthwhile benefit to Town employees seeking an opportunity to advance their skills and knowledge through continuing education; and %NW WHEREAS, the Town desires to amend Town of Oro Valley Personnel Policies and Procedures Code, Policy21, Employees"TrainingEm to ees and Reimbursement for Educational Expenses" to clarify the reimbursement guidelines and assist the Town in maintaining control over program costs; and WHEREAS, amendments to Policy 21 shall more clearly define the types of educational courses eligible for reimbursement; and WHEREAS, amendments to Policy 21 shall place a cap on the dollar amount eligible for reimbursement per employee per fiscal year; and WHEREAS, amendments to Policy 21 shall require employees who voluntarily terminate employment with the Town to reimburse the Town for any tuition assistance received in the last twelve (12) months of employment prior to voluntary termination; and WHEREAS, the Town desires an Implementation Plan, as described in Attachment "B", to notify employees of the changes to Policy 21. NOW, THEREFORE, BE IT ORDAINED by the Mayor and the Council of the Town of Oro Valley, Arizona, that the certain document, known as the "Town of Oro Valley Personnel Policies and Procedures Code", Policy 21, "Training Employees and Reimbursement for Educational Expenses", attached hereto as Attachment "A" is hereby amended as follows: 1111100, C:\Documents and Settings\cwillett\Local Settings\Tenq,orary Internet Files\OLK4\ordinance tuition reimbursement policy amend2.doc Town of Oro Valley Attorney's Office/ca/103106 Changes in the attached policy p are-depicted de icted with deleted text shown as ' - -. :.- - , additions are in ALL CAPS. Pursuant to A.R.S. 41-1346, the Town shall maintain efficient record management SECTION 1. for local public records and it has been determined that this Ordinance is a public record with three copies of said Ordinance to remain on file in the office of the Town Clerk. and Human Resources Director are authorized and directed SECTION Z. The Town Manager . necessary or desirable to give effect to this Ordinance and portion of the Town to perform all acts nec ry Code. Oro ValleyOrdinances, Resolutions, or Motions and parts of Ordinances, SECTION 3. All Resolutions or Motions of the Council in conflict with the provisions of this Ordinance are hereby repealed. section, subsection, sentence, clause, phrase SECTION 4. If any or portion of this Ordinance is held to be invalid or unconstitutional by the decision of any court of competent for any reason jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND Mayor ADOPTEDbyMa or and Town Council, the Town of Oro Valley, Arizona, this 6TH day of DECEMBER , 2006. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Melinda Garrahan, Town Attorney Date: Date: CA\Documents and Settings\cwillett\Local Settings\Temporary Internet Files\OLK4\ordinance tuition reimbursement policy amend.doc Town of Oro Valley Attorney's Office/ca/103106 a • 46, ATTACHMENT 44A” (taw ALegal\sharefiles\Human Resources\Policies\Policy 21-Tuition reimbursement\ordinance tuition reimbursement policy amend.doc Town of Oro Valley Attorney's Office/m/103106 ATTACHMENT A POLICY 21 TRAINING EMPLOYEES AND REIMBURSEMENT FOR EDUCATIONAL EXPENSES The Town of Oro Valley is committed to the development of a well educated and highly skilled work force. To help accomplish this aim GOAL, the Town will provide training opportunities and educational assistance to employees,as defined in this policy. SECTION 1—TRAINING A. RESPONSIBILITY FOR TRAINING: The Town Council encourages the training of employees. Training programs for employees may be initiated by the Town Manager or Department Heads. Such training programs may include seminars, demonstrations, assignment of reading matter, or such other devices as may be available for the purpose of improving the effectiveness of their respective duties. B. CREDIT FOR TRAINING: Participation in and successful completion of approved training courses may be considered in making advancements and promotions. Evidence of such activity shall be filed by the employee with the Human Resources Department. C. BUDGETING OF EXPENSES: Training courses are to be budgeted directly by the individual departments, and are not to be confused with educational courses covered under the terms of Section II—"Reimbursement for Educational Expenses,"which follows. SECTION II—REIMBURSEMENT FOR EDUCATIONAL EXPENSES The objective of the Educational TUITION Reimbursement program is to encourage and assist employees in advancing their skills through outside schooling at recognized and accredited institutions of learning by providing reimbursement for a portion of the associated costs. A. POLICY: The Town of Oro Valley will provide tuition assistance benefits to help employees pay for the cost of accredited courses which are either related to their current job, or to other jobs which present logical career paths within the classification system used by the Town of Oro Valley. PURSUIT OF COURSES OR DEGREES WHICH ARE NOT DIRECTLY RELATED TO AN EMPLOYEE'S CURRENT POSITION, OR LOGICAL CAREER PATH WITHIN THE TOWN'S CLASSIFICATION SYSTEM, WILL BE APPROVED ON A CASE-BY-CASE BASIS BY THE EMPLOYEE'S DEPARTMENT HEAD AND THE TOWN MANAGER. B. ELIGIBILITY — Fulltime employees who have completed their probationary period with the Town are eligible to participate in this program. (Only courses which commence after the completion of the probationary period are eligible for reimbursement.) C. COURSE CRITERIA: The following types of courses are reimbursable under the terms of this program: 1. Undergraduate and graduate courses offered through colleges, universities, and technical schools which are accredited by nationally recognized accreditation organizations are reimbursable if approved in advance by the employee's department head and the Human Resources Department. The Town's decisions on the accredited status of the institution will be final in all cases. All courses must be "for credit" and must yield letter grades (or "pass- fail"grades)within the curriculum guidelines for the school attended. 4. Employees who are interested in participating in programs not covered by this policy, including employer-directed programs, accelerated degree programs, or programs held during regular working hours, should speak to their Department Head or the Human Resources Director to determine if additional consideration of the course or program is possible. D. REIMBURSEMENT BASIS: 1. _-.:-- • :- - •:•: - -•--... - •--• : °. : THE COST OF REGISTRATION FEES, TUITION AND REQUIRED LAB FEES ARE ELIGIBLE FOR REIMBURSEMENT. -and-required-textbooks, (Other special fees are the responsibility of the student, and are not reimbursable under this policy.) Appropriate documentation of the "required"nature of covered fees must be provided. . 2. Regardless of the school attended, reimbursement will be limited to the lesser of: (1) the actual costs, or(2)$2,000 annually,based on fiscal year. --- --:. - • :• -: :- - -• - •- of Arizona Undergraduate Resident credit unit fee for the cone , 3. A grade of"C" (or its numerical equivalent), or better must be attained in order to receive reimbursement. No reimbursement will be received for grades of "incomplete," or for withdrawals (unless requested by the Town of Oro Valley for bona fide work-related situations). Generally, "Pass/Fail" grades are only acceptable if the course is part of an approved degree program for the student, and the "Pass/Fail" will apply to the graduation requirement. (1111110, E. OTHER REQUIREMENTS: 1. All courses must be pre-approved by the Department Head and Human Resources Director prior to commencement of the course. Employees are advised that they should not register for the course until the appropriate approvals are obtained. (Contact the Human Resources Department for the necessary forms and current procedures). 2. The student must be an eligible employee of the Town of Oro Valley at the time of completion of the course,in order to receive the reimbursement. 3. Employees are expected to attend courses on their own time, unless directed by the Town of Oro Valley to do otherwise. (All such situations require the advance approval of the Town Manager prior to registration.) 4. Reimbursement under this policy may result in taxable income to the employee pursuant to Federal and/or State regulations. The Town of Oro Valley will comply with all Federal, State and local tax laws. 5. The amount of the reimbursement for courses taken may SHALL be offset REDUCED by amounts received from other forms of financial aid, such as scholarships, etc. WHEN APPLYING FOR TUITION REIMBURSEMENT, THE EMPLOYEE MUST NOTIFY THE HUMAN RESOURCES DEPARTMENT OF ANY FINANCIAL ASSISTANCE RECEIVED FROM ANOTHER SOURCE. 6. EMPLOYEES WHO VOLUNTARILY TERMINATE EMPLOYMENT WITH THE TOWN SHALL REIMBURSE THE TOWN FOR ANY TUITION ASSISTANCE RECEIVED IN THE PRIOR TWELVE MONTHS OF EMPLOYMENT. \\Legal`sharefiles\Human Resources\Policies\Policy 21-Tuition reimbursement\ordinance tuition reimbursement policy amend.doc Town of Oro Valley Attorney's Office/ca/103106 ATTACHMENT B IMPLEMENTATION PLAN POLICY 21 —TRAINING EMPLOYEES AND REIMBURSEMENT FOR EDUCATIONAL EXPENSES The following items will be completed by Human Resources to prepare Town employees for implementation of the changes to the Town's Tuition Reimbursement policy effective July 1, 2007: • A memorandum explaining the policy changes, along with a copy of the new policy, will be sent to all employees currently utilizing the Town's Tuition Reimbursement process. • Human Resources will offer to meet with individual employees as necessary. • Human Resources will attach copies of the memorandum and new policy to all incoming Tuition Reimbursement requests. • Human Resources will arrange a group meeting to discuss the policy changes with interested employees. • Human Resources will send the memorandum and new policy to all employees approximately two months before implementation of the policy changes. 4 TOWN OF ORO VALLEY CQLTNCIL COMMUNICATI®N MEETING DATE: December 6, 2006 TO: HONORABLE MAYOR & COUNCIL FROM: David Ronquillo, Senior Planner SUBJECT: OV1 Z-OS-36, Physical sical Resource EngineeringnInc., representing Copperstone Development LLC., requests approval al of a development plan� for the Copperstone office building, located in proximity to the northwest corner of Oracle Road and Hardy Road, Parcels 225-11-1970, 1980 and 225-11-1990 EXECUTIVE SUMMARY OF APPLICATION: Nature of Application: The development plan stage entails design review of a commercial site to achieve conformance with the specifications of all review agencies. Once recommendations are made by staff, General Plan, OVZCR and g the plan is reviewed by the Development Review Board, which in turn forwards the application with its z to Town Council. Development Plan approval constitutes authorization for the applicant to recommendation p proceed with preparation of improvement plans and specifications for public improvements. p p Site Conditions: • • The proposed site is currently vacant and undisturbed. • It consists of three separate parcels for a total of 3.42 acres. • site slopes down graduallyfrom Oracle Road to the west side of the property (adjacent to the alley). The • A 20' alley separates arates this property from the adjacent residential property line. • The site consistsp rimaril of Mesquite and Palo Verde trees. The only areas where dense vegetation y exists is alongportions of the Oracle Road frontage. These areas will be preserved in place. • The Zoning is R-S, Residential Service District, which permits the proposed medical and office uses. The General Plan designates this area as "Neighborhood Office/Commercial" and "High Density Residential." Proposed Improvements: • The site will be developed in one phase. • Two buildings totaling in s 41,653 square feet. Each building will be two stories in height (28'-6" on the west side of the building and 33'-4" on the east side of the building). • will include medical and general office. The offices may be converted into condos; therefore, a The uses plat may be required in the future. • Mitigation measures have been incorporated to lessen impacts on the adjacent residential homes to the Mitigation � west. TOWN OF ORO VALLEY COUNCIL COMMUNICATION, 0V12-05-36 Pae, BACKGROUND: Approvals to Date • On July 25, 2006, the Board of Adjustment (BOA) approved a height variance for this project, allowing a maximum building height of 34 feet. Due to neighbor concerns, the BOA specified a condition relating to the development plan. The condition stated, "the applicant must work with the neighbors to lower the building parapet and lighting heights. To date, the applicant has addressed the neighbor concerns. • The landscape plan and architectural elevations have been approved by the Development Review Board. • The Site Resource Inventory Plan and Native Plant Preservation Plan have been administratively approved. • At their regular meeting of November 1, 2006, the Town Council moved to continue this item indefinitely at the applicant's request. All pending issues have been resolved. Surrounding Land Uses: Direction Zoning Land Use North R-S, Residential Service District Existing Apartments South R-6, Multi Family Residential Existing Apartments East R-S, Residential Service District Offices (across Oracle Road) West R1-36, Single Family Residential Shadow Mountain Estates Subdivision (there are two homes directly abutting this site). ANALYSIS OF OVZCR 22.6.B DEVELOPMENT REVIEW CRITERIA: "In considering any application for development review, the Development Review Board shall be guided"by a specific list of criteria when deliberating(see Section 22.6.B, OVZCR). The following is a list of noteworthy criteria (in italics) followed by staff commentary: 1. The Development Review Board shall examine the application to insure that all provisions of this Code and all other Codes, master plans, general plans and standards of the Town shall be complied with where applicable. A. GENERAL PLAN COMPLIANCE: This proposal complies with the General Plan land use designation and all applicable Policies. B. OVZCR COMPLIANCE: The proposal meets all applicable OVZCR requirements. Noteworthy items are below: Section 23.6, Residential Service District • Building Height: A maximum height of 25 feet is permitted in this district; however, as previously mentioned a height variance of 34 feet was granted by the Board of Adjustment (BOA). F:\Ov\ov12\2005\12-05-36\reports\DPTC.UT12-6-06.doc TOWN OF ORO VALLEY COUNCIL COMMUNICATION, 0\712-05-36 Page 3 • The code states, "Ifthe R-S Development abuts a single family residential district or an alley p family le a sinabuttinb gdistrict, the Town Council mmaylimit the building height to once (I l story cis � determined b y the Development Review Board. " The Development Review Board voted to permit e � � the two story proposal due to lack of potential impacts. Section 24.5. Oracle Road Scenic Corridor Overlay District • Th e existingvegetation within the Oracle Road frontage is minimal, with the exception of the southeastern portion of the site. This area consists of numerous trees that met the criteria of"significant vegetation"; therefore, a 70' wide buffer will be preserved in place. • The applicant submitted a viewshed analysis in order to determine whether a view corridor was present on the site. Significant views will not be obstructed. Views from Oracle Road toward Pusch Ridge and views from adjacent properties have been preserved through the lowering of the building pad, the large front setback, vegetative and the provision of screening to allow the project to blend more harmoniously with its surroundings. • A 120' average building setback is required and a setback of 178' has been provided. 3. Theosero d development shall promote a desirable relationship of structures to one another, to open p p p spaces and topography both on the site and in the surrounding neighborhood. Thero osed development is two stories in height, which is similar in scale to the adjacent apartment p p p structures located north and south of this property. The proposed buildings are much lower in grade than Oracle Road. Furthermore, thero osed lowering of the site will reduce the visual impact from Oracle p p Road and surrounding property owners. There will be no viewshed impacts from the adjacent residential homes. The buildings on the westside of thero ert have been lowered to address neighbor concerns, minimizing any obstruction of views to p p Y the mountains. The residential homes west of this site are single story and an adequate setback has been provided. The closest residential home is located approximately 195' from the proposed building. There are numerous elements within this distance that ensure adequate screening from the residents. The following is a summary: • A 75' setback to the west side of the parking area. The parking area is screened with a 3' - 6" high screen wall • 30' landscaped buffer yard with dense vegetation (trees & slu-ubs) • 20' dirt alley easement • 20' drainage easement with mature dense vegetation • 50' setback consisting of mature dense vegetation on the adjacent residential property. 4. The b g, etc.) and landscaping height, area, setbacks and overall mass as well as parts of any structure (buildings, walls, signs, . lightin shall be appropriate to the development, the neighborhood and the community. Adequate setbacks and bufferyards have been provided along Oracle Road and the west side property line to reduce the visual impact of the development. Dense vegetation has been provided along the frontage to minimize views of the buildings from Oracle Road. The perimeter areas of the site have been landscaped in accordance with the ORSCOD requirements. F:\OV\OV12\2005\12-05-36Veports\DPTC.RPT12-6-06.doc TOWN OF ORO VALLEY COUNCIL COMMUNICATION, OV12-05-36 Page 5. Signs, ingress, egress, internal traffic circulation, off-street parking facilities, loading and service areas and pedestrian ways shall be so designed as to promote safety and convenience. In general, adequate circulation has been established around the perimeter of the site. A passenger drop off area is provided in the front of the buildings and sufficient vehicular parking. Pedestrian sidewalks are provided around the buildings, to Oracle Road and along the Oracle Road frontage. The sidewalk proposed adjacent to Oracle Road is located within the Arizona Department of Transportation (ADOT) right-of-way and must be relocated on site. Condition 3 has been added to Exhibit A. C. PUBLIC WORKS COMMENTS: DRAINAGE: Storm runoff for the existing conditions flows from northeast to southwest with some runoff coming from a small portion of Oracle Road. The onsite terrain is relatively gentle resulting in gentle overland flow. For the proposed developed conditions the existing on-site drainage patterns will be maintained. Nearly all onsite drainage will be conveyed across the site through parking area access lanes (PAALs) and is captured in storm drains near the western boundary of the site. A small percentage of flow is conveyed westward along the southern boundary. Drainage that is captured in storm drains along the west side of the site is released into a series of four catch basins aligned along this western edge. The outflow for each catch basin is directed over a weir so as to provide non-erosive sheet flow to the west as is the case for the existing conditions. Bleeder pipes are provided between basins in a linear fashion in order to eliminate residual water in the basins. There is remaining concern with regard to possible flooding adjacent to and to the southwest of the site. Any solutions to potential flooding in the area shall be agreed upon after review by and coordination with the Town of Oro Valley. GRADING: A Type 2 Grading Permit will be required to construct building pads, retaining walls, drainage structures, utilities, parkinglots and any other structures requiring grading on the project site. TRAFFIC: 1 A Traffic Impact Analysis was prepared for this project that addresses the impacts of ingress/egress on Oracle Road as well as providing development recommendations for site construction. Said report shall be reviewed and approved by ADOT. PUBLIC INPUT: I A formal neighborhood meeting was held on June 8, 2006. At this meeting, three residents attended, two who live adjacent to the rear of this property. The following is a list of issues addressed at the meeting: F:\Ov\OV12\2005\12-05-36\reports\DPTC.RPT12-6-06.doc TOWN OF ORO VALLEY COUNCIL COMMUNICATION, OV12-05-36 Pa2e 5 • Light along the rear(west side) of building- The height of the wall lights will be limited to 5'on this side of the building and limited to other ground lighting. • The drainage easement (water flows) in the alley between this development and the adjacent residential homes—The drainage easement is on the adjacent residential property (west). The development of this site will not impact the drainage in this area. • Two story height of structures and obstruction of views— The applicant has lowered the back part(west side) of the building to minimize impacts to the adjacent homes. Resident views will not be impacted. • Landscape screen on the west side property line—A screen wall and dense vegetation has been achieved along the property line to minimize i'e any impacts of this development. The aforementioned mitigation measures have been incorporated on the plan. A follow up meeting was held to provide a site tour for the neighbors. The purpose of the site tour was for the applicant to fly balloons on the site in order to resemble the height of the proposed buildings. Since this meeting, the applicant has reduced the height of the building parapet to address neighbor concerns as specified in the conditions by the Board of Adjustment. To date, no further comments have been received from concerned residents. DEVELOPMENT REVIEW BOARD ACTION: At their regular meeting of September 19, 2006, the Development Review Board voted to recommend conditional approval of the proposed development plan for this project. The outstanding conditions are addressed in Exhibit A. SUMMARY OF FACTORS: Findings in Favor 1. The proposal complies with all OVZCR requirements and applicable General Plan Policies. 2. The applicant has provided mitigation measures to minimize potential impacts on the adjacent residential homes and Oracle Road. 3. The applicant has worked closely with the adjacent neighbors by addressing all their concerns. 4. The Development Review Board recommended conditional approval. Findings Against 1. None. SUGGESTED MOTIONS: The Town Council may wish to consider one of the following suggested motions: valtisiv I move to [approve, approve with conditions, OR deny] 0V12-05-36, Physical Resource Engineering Inc., representing Copperstone Development LLC., request for approval of a Development Plan. F•\nV\nV 12\2005\12-O5-36\renorts\DPTC.RPTI 2-6-06.doc TOWN OF ORO VALLEY • COUNCIL COMMUNICATION, OV12-05-36 Page 6 Attachments: 1. Exhibit A 2. Development Plan 1 3. DRB Minutes w/Approved Conditions A i s 4 _ ./ths. _ cc: Scott Welch, 885-0207 Plard ing ,i:and Zo , dministrator Dan White, 690-1769 77i1) t Co al unity Dev •pment '1 irector 7\ ' -, L/ t 1 I At, jr 0 n\git eer i i y A , 7 1 j , (1.; t'AA1C ',C-a ' As ' tant T n Manager (... -14/1C:i a44/01,4-- Town Manager F:\Ov\Ovi2\2005\12-05-36\reports\DPTC.RPT12-6-06.doc • EXHIBIT A OV12-05-36 DEVELOPMENT PLAN 1. Provide a copy of the recorded easements in BK 13, PG 75. 2. On Sheet C3, revise the grading for the northeast ADA parking. There is a maximum allowable slope of 2.0% in any direction. 3. A lot combination must be administratively approved prior to final staff certification of the development plan. F:\ov\ovi2\2005\12-05-36\reports\DPTC.ExhibitAl2-06-06.doc 09/19/06 Development Review Board Minutes Page 15 of 18 a tremendous amount of work trying to mitigate factors, and we can't please everybody, and he was just suggesting a compromise by allowing additional time. He added that there are six members here, and if there is a deadlock, we are in trouble, because it then goes direct to Council. Member Buette commented that the DRB is not the final authority. Member Panas said that was correct, and he suggests more mitigation. Chair Zinkin commended the developer for the work that has gone into this project. Building E seems to be the major point of contention. He suggested adding a condition in Exhibit A to do further mitigation with Building E, possibly making it a one-story, lowering it, making it one bedrooms. He does sympathize with the homeowners, but there are rights that the property owner has, and just because the person who built Monterey decided to put in 3 units per acre doesn't mean that these people can't put in 12 units per acre, it's the same zoning. He suggested something being included in Exhibit A, where staff goes back with the developer and does something with Building E. Mr. Andrews suggested that the attorney discuss the matter with the Applicant to find out if they are willing to go there. Ms. Savel said that the problem with changing this design is that the "big house" concept goes away, but the big house concept currently allows for garage parking. If it goes away, then surface parking has to increase. Ms. Savel said she appreciates the suggestion, and will check with her client, but would prefer to go with the existing project design. VOTE: Motion carried 4-2 (Buette, Kandetzke, Gribb, Zinkin voted for the motion; Panas and Leska voted against the motion). (Board took a fifteen minute recess.) 4. 0V12-05-36, Physical Resource Engineering Inc., representing Copperstone Development LLC., requests approval of a development plan for the Copperstone office building, located in proximity to the northwest corner of Oracle Road and Hardy Road, Parcels 225-11-1970, 1980 and 225-11-1990. 5. 0V12-05-36, GRS Landscape Architects Inc., representing Copperstone Development LLC., requests approval of a landscape plan for the Copperstone office building, located in proximity to the northwest corner of Oracle Road and Hardy Road, Parcels 225-11-1970, 1980 and 225-11-1990 6. OV13-06-37, Richard M. Greene — Architect, representing Copperstone Development LLC, requests approval of architectural elevations for the Copperstone Office building located in proximity to the northwest corner of Oracle Road and Hardy Road, Parcels 225-11-1970, 1980 and 225-11-1990. Applicant Carl Winters, Planning Resources, 270NorthChurch, Tucson,.____gave__ the presentation. Applicant asked to combine the development plan, landscape plan, and architectural plan simultaneously. Applicant has requested a height variance from the 09-19-06 DRB Minutes.doc Minutes approved 11-14-2006 • 09/19/06 Development Review Board Minutes Page 16 of 18 Board of Adjustment because the site is so much below Oracle Road that even with the variance the building is not higher than if they had stayed within the height limits and were on the other side of Oracle Road. One of the issues on the height is that the front of the building is going to be 34 feet and the height on the back of the building will be 28.5 feet, so neighbors can see over the building. Some of the front of the building is parapet to hide the HVAC system. The other good news for the neighbors is that these are not apartments and will serve as a very good noise barrier from the Oracle Road noise. Dan White, Physical Resources Engineering, 4655 N. Flowing Wells, gave the development plan presentation. The site is 3.4 acres, on Oracle South of Calle Concordia. Topographically, it descends 4% from the northeast corner to the southwest corner. There is roughly a difference in elevation of about 30 feet. It is proposed to have a commercial development. The site provides for circulation in both directions, access is to/from Oracle Road. It provides for about 160 parking spaces. There are two buildings located on the site, for a total of 41,000 square feet. Drainage will be handled in the direction that it is handled right now, with the water coming off of Oracle Road. Some of it will drain along the small retaining wall that there will be on the east side of the property and will descend to the south. On the west side of the property there will be four detention basins. The buildings will set back 170 feet from the street (the requirement is 120 feet), and 195 feet from the nearest neighbor. In response to Member Buette's question, Mr. White verified that this will be a condo project, with an unknown number of spaces. In response to Member Kandetzke's question, Mr. White explained that this project encompasses three separate parcels, which will be combined. Greg Schinn, GRS Landscape Architects, 1530 W. Wetmore, continued with the landscape presentation. One issue involving this project was the scenic corridor, which requires that the landscape should be native and low water use. Applicant will be preserving 10 existing trees and will be transplanting an additional 7 trees from other portions of the site. The front entryway will have a native plant palette. Applicant believes he has met the overlay district requirement. They will also be putting in 36" to 48" box trees, and the massing of trees will create canopies. Applicant will be transplanting 50 trees off of the site. In response to Chair Zinkin's question, Applicant explained that the tree canopy will be to the east of the dirt road that runs along the west side of the site. Richard Green, designer/architect on the project, 3 673 Kirby Street, San Diego, continued with the architectural elevations presentation. Applicant has attempted to make this-project blend-in-with the surrounding development and the terrain. Applicant presented images showing the Pueblo Contemporary design style. One of the reasons Applicant chose this style is that it is a style that hugs the ground. Applicant picked 09-19-06 DRB Minutes.doc Minutes approved 11-14-2006 09/19/06 Development Review Board Minutes Page 17 of 18 colors based on the surroundings, although the colors shown on the image appear darker, but the copies given the Board are accurate. These buildings will eventually be condos, p and whatever eventually happens inside the building will not affect the exterior appearance. The building will have a glass railing across the front, and the railing heights are broken up by the use of different colors. The backs of the buildings will not have anywalkways. The back of the building will be lower than the front so that the y . . . neighbors' views won't be blocked. The air conditioning units will be to the front of the g building and will be shielded from view. The back will have low lighting. In response to Vice Chair Panas' questions, Applicant explained that the east elevation is p the one that faces Oracle Road, that the buildings will have balconies, and the staircase structures are stucco. Vice Chair Panas commented that the big staircases make the building seem heavy. Applicant explained that the staircases are in the middle of the building, not at the ends. In response to Member Leska's questions, Applicant said that there could be up to 12 p units, but Applicant does not necessarily know how many tenants there will be. David Ronquillo introduced the Development Plan staff report into the Record, and recommended approval of the Development Plan. Member Kandetzke asked what the impact was on the Oro Valley Scenic Corridor. Mr. Ronquillo explained that as part of the Development Plan process, the Applicant has to q p submit a view shed analysis, to basically look at the site and determine what impact it is going to have from Oracle Road. In this case, there was no view corridor defined. In response to Member Kandetzke's questions, Mr. Ronquillo verified that there was no impact on the Oracle Road Scenic Corridor and the building and buffers met all scenic road requirements, and it doesn't need to be any mitigation. Mr. Ronquillo introduced the Landscape Plan staff report into the record, and recommended approval of the Landscape Plan subject to the conditions in Exhibit A. Member Kandetzke asked if the west side neighbors' views were impacted, in need of p mitigation, or improved as a result of the landscaping. The back of the building is lower than the front, so the residents' views will not be obstructed. The landscaping will help provide a screen from the building. Chair Zinkin asked about parking lot lighting. Applicant has met the lighting code requirements. Mr. Vella added that when lighting abuts a residential development, the Codep rovides that it has to start at a lower height at the perimeter of the site and the lighting height increases as it gets closer to the building. In response to Member Buette's question, Mr. Ronquillo said the road noise from Oracle Road will be minimized to the neighbors to the west because of this project. Mr. Keesler added that ADOT conducted side wall noise tests, and the heights-af the buildings are about the same size as sound walls would be, so building will act as a sound wall. 09-19-06 DRB Minutes.doc Minutes approved 11-14-2006 09/19/06 Development Review Board Minutes Page 18 of 18 David Ronquillo introduced the Architectural Plan staff report into the Record, and recommended approval of the Architectural Plan subject to the conditions in Exhibit A. In response to Chair Zinkin's question, Mr. Ronquillo explained that technically drivers won't be able to see the roofs of these buildings from Oracle Road. Mr. Vella added that the mechanicals on the roof are to be entirely screened. In response to Member Leska's question, Mr. Ronquillo explained that this building could possibly be used as a combination residential/commercial, but if there is any change in use, the Development Plan would return to the DRB. MOTION: Member Buette MOVED to recommend APPROVAL of 0V12-05-36 (Development Plan) subject to the conditions in Exhibit A. Member Kandetzke SECONDED the motion. Motion carried 6-0. MOTION: Member Kandetzke MOVED to APPROVE OV 12-05-3 6 (Landscape Plan) subject to the conditions in Exhibit A. Member Panas SECONDED the motion. Motion carried 6-0. MOTION: Member Buette MOVED to APPROVE 0V13-05-36 (Architectural Plan) subject to the conditions in Exhibit A. Member Panas SECONDED the motion. Motion carried 6-0. PLANNING & ZONING UPDATE • Mr. Vella discussed the possibility that the next meeting will have approximately ten items.. • Mr. Vella thanked the Board for rearranging their schedules in order to make both meetings. • Mr. Vella thanked Arinda for her work on the Board. ADJOURNMENT MOTION: Member Kandetzke MOVED to adjourn the meeting. Member Gribb SECONDED the motion. Motion carried 6-0. Meeting adjourned at 9:52. Prepared by: Arinda Asper, Recording Secretary 09-19-06 DRB Minutes.doc Minutes approved 11-14-2006 EXHIBIT A OV12-05-36 DEVELOPMENT PLAN Engineering 1. Provide a copy of the recorded easements in BK 13, PG 75. 2. Provide revised closure calculations. Sheet Cl 3. Include any notes required by the various utilities. Identify the service providers 4. Include the following note: If drainage ways are to be constructed, state that they will be constructed according to approved plans prior to the issuance of any permits from the Town Engineer and/or Building Official. 5. Indicate the name of the project and the Oro Valley project number at the top of the coversheet. Sheet C2: 6. Provide bearing values for the ties to section corners. 7. Clarify whether or not there is a drainage channel at the south end of the project site the carries up to 6.0 cfs. Sheet C3: 8. Revise the grading for the Northeast ADA parking. there are slopes up to 14.6% indicated. Drainage Report: 9. Provide the scale and a north arrow for Exhibit 3. 10. Label the concentration points and indicate drainage areas for existing conditions watersheds on Exhibit 3. 11. Provide consistent total outflow information for drainage. Inconsistencies exist for total outflow values as presented in the drainage report, Exhibit 5 and the development plan. 12. Provide consistent outflow information for CP 50. Inconsistencies exist for outflow values as presented in Exhibit 5 and the development plan. 13. Clarify reference to CP 10.3. CP 10.3 is not presented in Exhibit 5. 14. Clarify the boundaries for watershed 40 and its subwatershed. Each watershed shall be clearly delineated and its contribution to runoff defined. 15. Clarify the drainage mechanism in the area adjacent to Oracle Road. 16. Show how runoff is distributed/split in the vicinity of the site ingress/egress. Planning 17. A sidewalk extending the entire length of the Oracle Road frontage must be provided on this property. The sidewalk must meander along the buffer yard not obstructing trees that are preserved in place. Provide future connection to the adjacent properties. 18. Revise general note 19 to specify the rear setback is 40' 19. Revise general note 21 to specify a maximum building height of 34'. Provide verbiage specifying that this height is permitted by the granting of the variance (case number) and subject to the applicable conditions of this approval. 20. A lot combo must be achieved to combine the three parcels. Administrative approval of this must be achieved prior to Town Council review of this project. Revise note 42. F:\ov\ovi2\2005\12-05-36\reports\DPDRB.ExhibitA.doc r., rr r.•. .... ra.� s rr.., o I,..,- MIM 11, s 1,1 MIR NA W N O iD Oo J Q, (r :; (il IV O rp 00 V Os �n A W N . (DOkJ mrrrrni mv m RO W v .. 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C `/!� viz 4 41 �l gf —6 IN -. 'MIME W �'.1=411 S-AfAi�f1B (n 1 m e a = Pi -+ o iA zm z 2 rno W 0 0. U 0 /W XDI a ix � 1^ z MC o c; 01 o ".,.°9-11 1-6 '41 rnZ 4 1 I Y: CI l6iI 7-1 Aum ) ,41 g 1 7 CD _z co SEE PLAN °f. II•D i1 1 O 4 CURB 73 i , ;p , 1 ,, iii N i= 3 2 SL1. ' &Mil A ,—+. zn _ N(n N2'% 11 I W a) W v 1111 N m ,,n A /1 2,0% U A C /g\i W oax ® O O `,/`/% ""11111F* n 4 >rn � z g v4 o f 2.0; p I c, 0 0 k ?,- Y.. • ... A. 1 !ROT Y LINE VARIES 0 z "It) II (1"111 X ,zz z2 Ca W m z S 2 o PNgy W O ii' S iij N D Fr' moi\il} a S Worn CiD zA p n Clc'D A.... G CI'71-'c tri ro m I— �.00!oo.°d 1.Y2 4 7,-g4 p an d s gi Ty izm, C �, � ,al, i tiff O c� 00 E TOWN OF ORO VALLEY .�.. MEETING DATE: December 6, 2006 5 .OUNCIL COMMUNICATION TO: HONORABLE MAYOR & COUNCIL FROM: Stacey Lemos, Finance Director Approval of Ordinance No. (0)06-23 Regarding Implementation of a Local Sales SUBJECT. Tax on UtilityServices, Which Include Electricity, Natural Gas and Water and Amendingthe FY 2006/07 to Reauthorize the 18.5 New Staff Positions Included in the Adoption of the FY 2006/07 Final Budget SUMMARY: This item was placedtonight's agenda on at the request of Vice Mayor Parish for consideration and possible action to implement a 4% local sales tax on utility services, which include electricity, natural gas and water. This item was previouslydiscussed in September when two public hearings were held to gather o i izen comments about this proposal. The ordinance to implement the 4% utility sales tax was then citizen p p denied by the Town Council on September 20, 2006. .rtached to this communication are the previous Council Communication and supplemental packet materials that werep resented at the September 20th meeting. As ourecall, it had been suggested by some Council Members and the Finance and Bond Y may Committee that if the utility tax were adopted that it be revisited every few years as new commercial retail centers are developed and potential annexation plans are realized to determine the continuing p need for the utility tax. Therefore, two (2) versions of the utility tax ordinance are attached to this communication for Council consideration. One includes a sunset clause stating that the utility tax ordinance shall terminate on the second anniversary date of its adoption unless it is extended by a majorityvote of the Council prior to that date. The other version of the ordinance excludes the sunset clause. You will also recall that the motion to adopt the final budget for FY 2006/07 included funding for 18.5 new staffositions contingent upon the approval of a utility sales tax or identification of other p recurringrevenue bySeptember 30, 2006. Since the utility tax was denied on September 20, 2006 p and no other sources of recurring revenue were identified to fund the new positions, the positions are considered to be excluded from the budget. If the Council desires to reauthorize the hiring of the 18.5 newp ositions with the approval of the utility tax, a motion must also be made to amend the FY 2006/07 budget to add back in the proposed positions. If the ordinance is approved this evening, it would be effective April 1, 2007 in order to give sufficient 4 me to the Arizona Department of Revenue to process and implement the terms of this new law. G:\STACEY\Council Communic\Utility Sales Tax 12-6-06mtg.DOC TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 2 SUGGESTED MOTION: I move to adopt Ordinance No. (0)06-23 implementing a 4% local sales tax on utility services with the sunset clause and amending the FY 2006/07 adopted budget to include the 18.5 new staff positions previously included in the motion to adopt the final FY 2006/07 budget. Or I move to adopt Ordinance No. (0)06-23 implementing a 4% local sales tax on utility services without the sunset clause and amending the FY 2006/07 adopted budget to include the 18.5 new staff positions previously included in the motion to adopt the final FY 2006/07 budget. ATTACHMENTS: 1. Ordinance No. (0)06-23 Implementing a 4% Local Sales Tax on Utility Services Including a Sunset Clause 2. Ordinance No. (0)06-23 Implementing a 4% Local Sales Tax on Utility Services Excluding a Sunset Clause 3. Town Council Communication from the September 20, 2006 Council Communication relating to the adoption of a utility sales tax 4. Exhibit A- Utility Tax Background -Timeline 5. Exhibit B -Annual Cost of 18.5 New Positions Table with Public Benefits 6. Exhibit C - State and Local Utility Service Sales Tax Rates Table 7. Exhibit D - General Fund 5-Year Forecast and Assumptions f ,,i(117- (I , /,-nier Stacey Lem s Finance Dir ctor 0,i,A/zi,,- 6-4114-,4*-' David L. Andrews Town Manager G:\STACEY\Council Communic\Utility Sales Tax 12-6-06mtg.DOC • (INCLU1ES SUNSET CLAUSE, SECTION 8) • ORDINANCE NO. (0) 06 - AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA AMENDING THE TAX CODE OF THE TOWN OF ORO VALLEY, ARTICLE IV, CHAPTER 8A, SECTION 480, RELATING TO THE UTILITY SERVICES TAX RATE AND 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. WHEREAS, Arizona cities and towns have the authority to levy taxes under ARS § 9- 240(B)(26); and WHEREAS, on July 13, 1988, the Town of Oro Valley adopted the Model City Tax Code ("Code") pursuant to Arizona law; and WHEREAS, amendments to the Code are required to be made in accordance with ARS § 42- 6054; and Now WHEREAS, on December 4, 2002, the Mayor and Town Council (the "Council") directed the Oro Valley Budget and Bond Committee (the "Committee") to develop a proposed Town Revenue Plan ("Plan"); and WHEREAS, injoint a StudySession between the Council and the Committee held on March 24, 2003, the Committeep resented an initial draft of the Plan to Council; and in a further joint StudySession between the Council and the Committee held on WHEREAS, . . . h Council directed the Committee to develop a prioritized list of local sales August 18, 2003, the and use taxes for future Council consideration based on the Plan; and September at the meetingof Se tember 9, 2003, the Committee developed a prioritized list of local sales and use taxes for future Council consideration based on the Plan; and the Committee held meetings on September 29, 2003, January 7, 2004, January 26, WHEREAS, g 2004, April 26, 2004, 2005, April 25, 2005 and May 23, 2005 in an effort to refine the March 21, p prioritized list; and WHEREAS, the Committee re-recommended on May 31, 2006 that the Town Council sales tax on utilityservices toprovide funding for public safety staffing and other implement a . . critical staffingneeds of the Town; recreation needs at the Naranja Town Site; and to mitigate current and future draw-downs on the General Fund's fund balance; %kw C:\Documents and Settings\slemos.OROVALLEY\Local Settings\Temporary Internet Files\OLKA\UtilityTax Code Amendment(2)with Sunset(2).doc Office of the Oro Valley Town Attorney/CIA 061405 WHEREAS, it is in the best interest of the Town that the Council adopt the recommendations of the Committee by instituting taxes on utility services in order to diversify the Town's revenue stream and seek sustainable revenue sources that will serve to further stabilize the Town's General Fund and strengthen the Town's financial structure; and WHEREAS, it is also in the best interest of the Town for the Council to periodically reconsider such utility services sales tax in order to determine the continuing need and justification for the tax; NOW, THEREFORE, BE IT ORDAINED by the Mayor and the Council of the Town of Oro Valley, Arizona that the certain document, known as"The Tax Code of the Town of Oro Valley, Arizona," is hereby amended as follows: SECTION 1. Section 8A-480 (a) of the Tax Code of the Town of Oro Valley is amended as follows, with additions being shown in ALL CAPS and deletions being shown in She : (a) The tax rate shall be at an amount equal to zero FOUR percent (0 4%) of the gross income from the business activity upon every person engaging or continuing in the business of producing, providing, or furnishing utility services, including electricity, electric lights, current, power, gas (natural or artificial), or water to: SECTION 2. Amend the Town of Oro Valley Tax Code, adopting Local Option #GG, Tax municipal utility services to out-of-City customers where such service is not subject to an "equivalent excise tax". Replace Section 8-480(a)(2) (Reserved) with the following: (2) consumers or ratepayers of this City, whether within the City or without, to the extent that this City provides such persons utility services, excluding consumers or ratepayers who are residents of another city or town which levies an equivalent excise tax upon this City for providing such utility services to such persons. SECTION 3. Council hereby directs that the revenue resulting from this amendment to the Tax Code of the Town of Oro Valley shall be used as part of the total revenues necessary to meet annual town budgets, including the FY 2006-2007 budget, in order to provide funding for public safety and other critical staffing needs, and for capital improvement projects, and to mitigate current and future draw-downs on the balance of the Town's General Fund. SECTION 4. Pursuant to ARS § 41-1346, the Town shall maintain efficient record management for local public records and it has been determined that this Ordinance is a public record with three copies of said Ordinance to remain on file in the office of the Town Clerk. SECTION 5. 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. C:\Docurnents and Settings\slemos.OROVALLEY\Loca1 Settings\Temporary Internet Files\OLKA\UtilityTax Code Amendment(2)with Sunset(2).doc Office of the Oro Valley Town Attorney/CIA 061405 SECTION 6. If anysection, subsection, sentence, clause, phrase or portion of this Ordinance is taw for anyreason held to be invalid or unconstitutional by the decision of any court of competent o jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION 7, Effective Date. This Ordinance shall not be effective until April 1, 2007, so that p the Arizona Department of Revenue will have time to process and implement the terms of this Ordinance. SECTION 8, Sunset Clause. On second anniversary of the Effective Date, the utility services sales tax enacted through this Ordinance shall terminate and the amendments to the Town of Oro Valley Tax Code set forth in Section 1 and Section 2, above, shall be repealed by operation of law unless extended by a majority vote of the Council prior to that date. PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley, Arizona, this 6th day of December , 2006. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Nump Kathryn E. Cuvelier, Town Clerk Melinda Garrahan, Town Attorney 41, C:\Documents and Settings\slemos.OROVALLEY\Local Settings\Temporary Intemet Files\OLKA\UtilityTax Code Amendment(2)with Sunset(2).doc Office of the Oro Valley Town Attorney/CIA 061405 (EXCLUDES SUNSET CLAUSE) ORDINANCE NO. (0) 06 - 23 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA AMENDING THE TAX CODE OF THE TOWN OF ORO VALLEY, ARTICLE IV, CHAPTER 8A, SECTION 480, RELATING TO THE UTILITY SERVICES TAX RATE AND 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. WHEREAS, Arizona cities and towns have the authority to levy taxes under ARS § 9- 240(B)(26); and WHEREAS, on July 13, 1988, the Town of Oro Valley adopted the Model City Tax Code ("Code") pursuant to Arizona law; and WHEREAS, amendments to the Code are required to be made in accordance with ARS § 42- 6054; and WHEREAS, on December 4, 2002, the Mayor and Town Council (the "Council") directed the Oro Valley Budget and Bond Committee (the "Committee") to develop a proposed Town Revenue Plan ("Plan"); and WHEREAS, in a joint Study Session between the Council and the Committee held on March 24, 2003, the Committee presented an initial draft of the Plan to Council; and WHEREAS, in a further joint Study Session between the Council and the Committee held on August 18, 2003, the Council directed the Committee to develop a prioritized list of local sales and use taxes for future Council consideration based on the Plan; and WHEREAS, at the meeting of September 9, 2003, the Committee developed a prioritized list of local sales and use taxes for future Council consideration based on the Plan; and WHEREAS, the Committee held meetings on September 29, 2003, January 7, 2004, January 26, 2004, April 26, 2004, March 21, 2005, April 25, 2005 and May 23, 2005 in an effort to refine the prioritized list; and WHEREAS, the Committee re-recommended on May 31, 2006 that the Town Council implement a sales tax on utility services to provide funding for public safety staffing and other critical staffing needs of the Town; recreation needs at the Naranja Town Site; and to mitigate current and future draw-downs on the General Fund's fund balance; C:\Documents and Settings\slemos.OROVALLEY\Local Settings\Temporary Internet Files\OLKA\UtilityTax Code Amendment(2)without Sunsetdoc Office of the Oro Valley Town Attorney/CIA 061405 interestCouncil adopt the recommendations of the best of the Town that the p WHEREAS, it is in . . to diversifythe Town's revenue in taxes on utility services in order the Committee by instituting to further stabilize the Town's sustainable revenue sources that will serve stream and seek sust g� General Fund and strengthen the Town's financial structure;, and FORE BE IT ORDAINED by the Mayor the Council of the Town of Oro NOW, THEREFORE, that the certain document, known as"The Tax Code of the Town of Oro Valley, Valley, Arizona Arizona," is hereby amended as follows: ection 8A-480 (a) of the Tax Code of the Town of Oro Valley is amended as SECTION 1. S deletions beingshown in n being follows, with additions shown in ALL CAPS and 1 to zero FOUR percent (0 4%) of the The tax rate shall be at an amount equain or (a) upon everyperson engaging gross income from the business activity • • • of producing, providing, or furnishing utility services, continuing in the business artificial), or )� including electricity, electric lights, current, ower, gas (natural or p water to: Tax Code, adopting Local Option #GG, Tax SECTION 2. Amend the Town of Oro Valley a p • customers where such service is not subject to an municipal utility services to out-of-City • « p �� Section 8-480(a)(2) Reserved)with the following: excise tax". Replace ace equivalent P whether within the City or without, to the consumers or ratepayers of this City, •(2) utility services, excluding consumers extent that this Cityprovides such persons utility h levies ane uivalent or ratepayers who are residents of another city or town whitq excise tax uponthis City providing for such utility services to such persons. • revenue resultingfrom this amendment to the Tax SECTION 3. Council hereby directs that the meet be usedpart of the total revenues necessary to Code of the Town of Oro Valley shallas including2006-2007 budget, in order to provide funding for public annual town budgets, the FY g � • and for capital improvement safet and other critical staffing needs, projects, and to p , Y on the balance of the Towns General Fund. current and future draw-downs the Town shall maintain efficient record management SECTION 4. Pursuant to ARS § 41-1346, for local public records and it has been determined that this Ordinance is a public record with three copies of said Ordinance to remain on file in the office of the Town Clerk. Resolutions, or Motions and parts of Ordinances, SECTION 5. All Oro Valley Ordinances, Re �in conflict with the provisions of this Ordinance are Resolutions, or Motions of the Council hereby repealed. ' clause, phrase or portion of this Ordinance is SECTION 6. If anysection, subsection, sentence, unconstitutional bythe decision of any court of competent for anyreason held to be invalid or • ' affect the validity jurisdiction, such decision shall not of the remaining portions thereof. Ikkow C.\Documents and Settings\stemos.OROVALLEY\Local Settings\Temporary Internet Files\DEKA\UtilityTax Code Amendment(2)without Sunseidoc Office of the Oro Valley Town Attorney/CIA 061405 SECTION 7, Effective Date. This Ordinance shall not be effective until April 1, 2007, so that the Arizona Department of Revenue will have time to process and implement the terms of this Ordinance. PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley, Arizona, this 2 3 rdday of December , 2006. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Melinda Garrahan, Town Attorney C.\Documents and Settings\slemos.OROVALLEY\Local Settings\Temporary Internet Files\OLKA\UtilityTax Code Amendment(2)without Sunset.doc OBice oldie Oro Valley Town Attorney/CIA 061405 . . „......, 2 1 . TOWN OF ORO VALLEY ,,.OUNCIL COMMUNICATION MEETING DATE: September 20, 2006 TO: HONORABLE MAYOR & COUNCIL FROM: Stacey Lemos, Finance Director SUBJECT: PUBLIC HEARINGpp#2 —Approval of Ordinance No. (0)06- 15 Regarding Local Sales Tax on Utility of a Services, Which Include Electricity, Natural Gas and Water SUMMARY: On August 2, 2006, the Town Council met in a regular session to review and discuss the consideration and possible implementation of a 4% local sales tax on utility services to include electricity, natural gas and water serve September On Se tember 6, 2006, further information and justification for this revenue was presentedbya public staff, and hearing was held to hear citizen comments about this proposal. ' to hold the second public hearing regarding this issue and for The purpose of tonight's meeting is Council consideration and possibleadoption ado tion of an ordinance that would implement a local sales tax ln utility services. If the ordinanceapprovedtonight,is tone ht, it will become effective on January 1, 2007. he ordinance contains an optional sunset clause that would require the Town Council to reconsider the need and justification for the utility tax every two years. BACKGROUND: Exhibit A attached showshighlighting a detailed timetable hi hlighting the history of the Town Council's past consideration and discussion of the 4% utilitysales tax. Discussions commenced in March of 2005 when the Town's Capital Improvement Plan Technical Advisory Committe.e (CIPTAC) recommended to the Council that additional sources pursued fundingbe for CIP projects due to a lack of funding available in the General Fund. Subsequently, over a five-month period, from April through August of citizen advisorygroups worked with Town staff to evaluate a number of revenue 2005, various g p. o • • electricity, and options to recommend to the Council. Ultimately, a 4/o utility sales tax on natural gas oust recommended bythe advisory groups, but was voted down by the water services was unanimously Council in October of 2005. budget preparation process, significant reductions had to be made to the During the FY 2006/07g p p departmental budget requests in order to balance the Town Manager's Recommended Budget that was delivered to the Town Council in April, 2006. These cuts consisted of eliminating all new position requests, reductions to operation and maintenance items and funding a reduced level of CIP projects out of the General Fund cash reserves. p Recognizing the need to maintain or improve existing service levels in various departments, the '/layor and Council adopted the FY 2006/07 Tentative Budget on June 21, 2006 to include placeholders for 18.5 new positions to be contingent upon the adoption of a utility sales tax prior to identification of other recurring 30, 2006 or revenue that may be used. The cost to add G:\STACEY\Council Communic\Utility Sales Tax 9-20-06mtg.DOC TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 of 4 the 18.5 positions is approximately $1.2 million to the General Fund (please see attached Exhibit B). pp y Existing recurring revenues are not sufficient to support these added recurring expenditures. full revenue impact from the new commercial centers under development in Town will not While the p likely be realized until at least FY 2008/09, depending on their construction progress, a utility tax would serve as a more immediate source of recurring revenue and would also further diversify the Town's revenue base as we face declines in one-time construction-related revenues. Town of Oro Valley is one of only 5 other 90 incorporated cities and towns in Arizona, the Of the p . Miami Winkelman, Quartzsite, Taylor) in the State that does not currently communities (Tombstone, . . . . . s (please see Exhibit C attached). Of those communities that do not tax utilities, Oro tax utility service Valley is, by far, the largest. FISCAL IMPACT: To the Town General Fund Last year, it was estimated that the 4% utilitysales tax on water, electricity and natural gas would generate approximately $1.9 million. Recent information from Tucson Electric Power, Southwest Gas Ile Water Utilityhas resulted in a more current annual revenue estimate of $2.1 and the Oro Valley million as detailed below: Electricity $1,347,000 Natural Gas 352,000 Water 426,000 TOTAL $2,125,000 To Town Residents The cost impact per household would varybased on consumption, however, it is estimated that the average total monthly cost per household would be approximately $7.48. This estimate is based on e electric/gas bill of $150 per month and an average water bill of $37 per month. a n ave rag g JUSTIFICATION: A number of factors lead to the consideration of a 4% utility tax as follows: 1. Insufficient recurring General Fund revenues to support 18.5 new positions The full year fisimpactequip to hire and e ui the 18.5 new positions that were identified in the motion to approve the Tentative Budget as shown in Exhibit A is $1.2 million. There are sufficient recurringrevenues in the General Fund to pay for these added positions. not Exhibit D, General Fund 5-Year Forecast, shows that if these new positions were to be G:\STACEY\Council Communic\Utility Sales Tax 9-20-06mtg.DOC • TOWN OF ORO VALLE COUNCIL COMMUNICATION PAGE 3 of 4 NW its existingfund offsettingrevenue source, the Town would deplete. added without an positions, es in four (4) In addition to the cost of these new p , balance (cash resew ) years. . . are also shown in and public benefit aspects of these added positions the justification Exhibit A. 2. Lack of diverse funding sources and over-reliance on one-time construction related revenues on significant one-time construction related revenues For years, the Town has reliedg buildingpermit fees and construction sales taxes) to provide and commercial ion (residential2005/06, one-time construct General Fund operations. For instance, in FY funding for p ' ' General Fund, or 22% of total General Fund related revenues totaled $5.5 million in the revenues. Similarly, in FY 2004/05, one-time construction related revenues totaled $4.8 million, or 23% of total General Fund revenues. Diversification of our revenue stream and revenue sources that are not subject to cyclical or economic seeking additional, sustainable fluctuations would serve to further stabilize the General Fund as the construction activities in Town further decline. 3. 10% reduction in State Income Tax— Town held Threats to State-Shared Revenues - harmless through FY 2008/09 impacted duringthe 2006 Legislative session with the impact State shared revenue was im act 10% personal income tax cut. Oro Valley will not see thep enactment of a phased in , ' Current) the Town's budget for state shared of the reduced tax base until FY 2009/10 y, incomeso a 10% reduction in today's dollars would equate to a tax is $4,230,000, he cost revenue. This is a significant$423,000 loss in General Fundant loss and equates to t g of hiring, training and equipping pp• approximately four (4) police officers for one year. - fundingsource for Capital Improvement Plan (CIP) 4. Need to establish alternative p Town's Capital Improvement Plan Technical Advisory For thepast two (2} fiscal years, the p p . . Mayor and Council identify additional Committee (CIPTAC) has recommended that the y isof Town Board and the Town's CIP needs. The CIPTAC comprised • funding sources for it and Town • members of thepublic, a member of the Town Council,Commission members, assets • the maintenance and replacement of existing Town staff. During the CIP process, had the new construction or purchase requests. If the Town must compete for funding with portion of its total depreciation expense each year capability to set aside evena (approximately $2 million) into an asset maintenance and replacement fund, the Town would have a dedicated fundings source to address the maintenance and replacement needs of its existing assets first and foremost. 5. Bond rating report comments on all of its past bond Town has been fortunate to receive strong bond ratings • ,, The o affectingthe interest The bond ratingis often the single most important factor issuances. pays that Y the Town a s on its bonds. Each year, the bond rating agencies, such as G:\STACEY\Council Communic\Utility Sales Tax 9-20-06mtg.DOC TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 4 of 4 Standard and Poor's and Fitch, perform a bond rating review on all of our outstanding bon issues. Part of this review includes a financial review and analysis of the revenues that fund Town operations. Repeatedly, these bond rating reports cite the Town's structural imbalance between recurring General Fund revenues and expenditures and over-reliance on construction-related revenues as weaknesses in the Town's financial structure. Implementing a stable, sustainable revenue source, such as a utility tax, would serve to strengthen this financial structure, and perhaps, improve our bond ratings further. SUNSET CLAUSE: It has been suggested by some Council Members and the Finance and Bond Committee that if the utility tax were adopted that it be revisited every few years as new commercial retail centers are developed and potential annexation plans are realized to determine the continuing need of the utility tax. Two (2) versions of the utility tax ordinance are attached to this communication for Council consideration. One includes a sunset clause (see SECTION 7. Sunset Clause) stating that the utility tax ordinance shall terminate on the second anniversary date of its adoption unless it is extended by a majority vote of the Council prior to that date. The other version of the ordinance excludes the sunset clause. SUGGESTED MOTION: I move to adopt Ordinance No. (0)06- 15 implementing a local sales tax on utility services with the sunset clause. Or I move to adopt Ordinance No. (0) 06- 15 implementing a local sales tax on utility services without the sunset clause. ATTACHMENTS: 1. Ordinance No. (0) 06- 15 Implementing a Local Sales Tax on Utility Services including a sunset clause 2. Ordinance No. (0) 06- 15' Implementing a Local Sales Tax on Utility Services excluding a sunset clause 3. Exhibit A — Utility Tax Background - Timeline 4. Exhibit B —Annual Cost of 18.5 New Positions Table With Public Benefits 5. Exhibit C — State and Local Utility Service Sales Tax Rates Table 6. Exhibit D — General Fund 5-Year Forecast and Assumptions S acey Lem s F- .n ce Di , cto r 11) David L. Andrews Town Manager G:\STACEY\Council Communic\Utility Sales Tax 9-20-06mtg.DOC ---,...„ , . , EXHIBIT A , tow UTILITY TAX BACKGROUND — TIMELINE • March 2005 Recommendation to the Town Council from the Capital Improvement Plan Technical Advisory Committee (CIPTAC) to pursue additional funding sources for CIP • directs Town's Finance and Bond Committee (FBC) to • April 2005 — Council der axinfor Town Council consideration in evaluate and recommend taxing/funding g g options a es and future budget deficits in the General order to address CIP funding short g g Fund. • April 2005 Members of EconomicDevelopment Think Tank recommend and support enacting a 4% utility sales tax • April 2005 —August 2005 — FBC discusses and analyzes the need for utility tax, to begenerated, and possible earmarking of revenue to amount of revenue recommend to Council. • August 2005 October 2005 —Town Council conducts public hearings to hear public opinions on 4% utility tax denies • October 5, 2005 —Town Counciladoption of Ordinance 05-34 implementing a 4% sales tax on utility services. 2006/07 budget requests exceed • March, 2006 — Initial FY budgeted revenues in the g q million. No recurringGeneral Funds are available for CIP General Fund by $3.5 Projects. • — —Town Manager's FY 2006/07 Recommended budget is • AprilJune, 2006 g prepared and presented to Town Council with no new positions, O&M cuts, and reduced level of CIP funded out of General Fund cash reserves due to the lack of sufficient recurringrevenues to fund recurring expenditures. o • May, 2006 — Finance and Bond Committee re-recommends support for 4% utility tax to the Town Council. Town Councilp • June 21, 2006 — adopts tentative FY 2006/07 budget, which includes 18.5 new positionscontingentupon u on the adoption of a 4% utility sales tax by September 30, 2006 or identification of other recurring revenues that may be used. • June, 2006 —The Town's CIP Technical Advisory Committee again recommends additional funding sources for the CIP, and recommends against future use of cash reserves for CIP. 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Y.2<:.,, yAaLii.idZ i v State and Local Utility Service Sales Tax Rates by City April,2006 - - 1 County County�---r - _ City Total Rate u- c m U = City Total Rate Cities by County State t o°� . e, .iiCities by County State -, Queen Creek 5.60 - 0.50 0.20 - - 2.00 8.30 Apache County - - 1.65 7.95 St.Johns 5.60 0.50 - - Eagar 5.60 0.50 - - - - 3.00 9.10 Scottsdale 5.60 -- 0.50 0.20 - - 2.00 8.10 Surprise 5.60 0.50 0.20 2.20 8.50 8.10 3.009.10 5.60 - 0.50 0.201.80 Springerville 5.60 0.50 - - - - Tempe - - 2.00 8.30 Cochise County Tolleson 5.60 - 0.50 0.20 - - 2.50 8.60 Wickenburg 5.60 0.50 0.201.70 8.00 Benson 5.60 0.50 - - � - Bisbee 5.60 0.50 - - - 250 8.60 Youngtown 5.60 - 0.50 0.20 - - 2,00 8.30 Douglas 5.60 0.50 - - - - 2.50 8.60 Mohave County - - - - 2.00 7.85 0.50 - - - 1.50 7.60 Bullhead City 5.60 0.25 Huachuca City 5.60 - - - 2.00 7.85 2.00 8.10 Colorado City 5.60 0.25 Sierra Vista 5.60 0.50 - - Tombstone 5.60 0.50 - 0.001 6.10 Kingman 5.60 0.25 - - - - 2.00 7.85• Willcox 5.60 0.50 - - - 3.00 9.10 Lake Havasu City 5.60 0.25 - - 2.00 7.85 Coconino County Navajo County - - - - 0 3.00 9.1 Flagstaff 5.60 0.50 - 0.30 0.125 - 1.601 8.126 Holbrook 5.60 0.50 - - - - 2 00 9.10 Fredonia 5.60 0.50 - 0.30 0.125 - 2.00 8.53 Pinetop-Lakeside 5.60 0.50 _ - - - 2.50 8.60 Page 5.60 0.50 - 0.30 0.125 - 3.00 9.53 Show Low 5.60 0.50 - - - - 2 00 8.10 Sedona 5.60 0.50 - 0.30 0.125 - 3.00 9.53 Snowflake 5.60 0.50 - - - - 0.00 6.10 Williams 5.60 0.50 - 0.30 0.125 - 3.00 9.53 Taylor _ 5.60 0.50 Gila County Winslow - 5.60 0.50 - - - - 3.00 9.10 Globe 5.60 0.50 0.50 - - - 2.00 8.60 Pima County Hayden 5.60 0.50 0.50 - - - 3.00 9.60 Marana 5.60 - - 4.50 10.10 Miami 5.60 0.50 0.50 - - - i 0.00 ! 6.60 Oro Valley 5.60 _ - - - 0.00 5.60 Payson - - 5.60 0.50 0.50 - - 2.12 8.72 Sahuarita 5.60 - - - 2.00 7.60 _ _ _ - 2.50 8.10 Star Valley 5.60 0.50 0.50 - - - 2.00 8.60 South Tucson 5.60 - - - - - Winkelman 5.60 0.50 0.50 - - - 1,0.00 , 6.60 _ Tucson 5.60 2.00 7.60 Graham County Pinal County - 5.60 0.50 - - - 2.00 8.10 Apache Junction 5.60 0.50 0.50 3.20 9.80 Pima _ - 2.00 8.60 Safford 5.60 0.50 - - - - 2.50 8.60 Casa Grande 5.60 0.50 0.50 - 2.00 -8.10 Coolidge 5.60 0.50 0.50 - - 3.00 9.60 Thatcher 5.60 0.50 - - Greenlee County Eloy 5.60 0.50 0.50 - - - 3. 00 9.60 Clifton 5.60 0.50 - - 3.00 9.10 Florence 5.60 0.50 0.50 2.00 8.60 Duncan 5.60 0.50 - - - 2.00 8.10 Kearny 5.60 0.50 0.50 - - - 2.00 8.60 La Paz County Mammoth 5.60 0.50 0.50 - - - 2.00 8.60 Parker 5.60 0.50 - 0.50 - - 3.00 9.60 Maricopa 5.60 0.50 0.50 2.00 8.60 2.00 8.60 Quartzsite , 5.60 0.50 - 0.50, - - 0.00 6.60 Superior 5.60 0.50 0.50 - - _ 0 00 8.60 Maricopa County Winkelman 5.60 0.50 0.50 Apache Junction 5.60 - 0.50 0.20 - - 3.20 9.50 Santa Cruz County - - - - 2 00 8.10 2.50 8.80 Nogales 5.60 0.50 Avondale 5.60 - 0.50 0.20 - - 3.00 9.10 Buckeye 5.60 - 0.50 0.20 - - 2.00 8.30 Patagonia 5.60 0.50 - - - Carefree 5.60 - 0.50 0.20 - - 3.00 9.30 Yavapai County Cave Creek 5.60 - 0.50 0.20 - - 3.00 9.30 Camp Verde 5.60 0.50 - 0.25 - - 2.00 8.35 Chandler 5.60 - 0.50 0.20 - - 2.75 9.05 Chino Valley 5.60 0.50 - 0.25 - - 3.00 9.35 El Mirage 5.60 - 0.50 0.20 - - 3.00 9.30 Clarkdale 5.60 0.50 - 0.25 - - 2.25 8.60 9 _ - - 7.35 Fountain Hills 5.60 - 0.50 0.20 - - 2.60 8.90 Cottonwood 5.60 0.50 0.251.� Gila Bend 5.60 - 0.50 0.20 - - 3.00 9.30 Dewey-Humboldt 5.60 0.50 - 0.25 - - 2.00 8.35 Gilbert 5.60 0.50 0.20 - - 1.50 7.80 Jerome 5.60 0.50 - 0.25 - - 3.00 9.35 _ Glendale 5.60 - 0.50 0.20 - - 1.80 8.10 Prescott 5.60 0.50 - 0.25 - 2.00 8.35 Goodyear 5.60 - 0.50 0.20 - - 2.00 8.30 Prescott Valley 5.60 0.50 - 0.25.25 - - 2.33 8.68 P Guadalu a 5.60 - 0.50 0.20 - - 3.00 9.30 Sedona 5.60 0.50 0.25 _ 3.00 9.35 Litchfield Park 5.60 - 0.50 0.20 - - 2.00 8.30 Yuma County Mesa 5.60 - 0.50 0.20 - - 1.50 7.80 San Luis 5.60 0.50 - 0.50 0.50 0.10 3.50 10.70 Paradise Valley 5.60 - 0.50 0.20 - 1.65 7.95 Somerton 5.60 0.50 - 0.50 0.50 0.10 2.50 9.70 Peoria 5.60 - 0.50 0.20 - - 3.30 9.60 Wellton 5.60 0.50 - 0.50 0.50 0.10 2.50 9.70 Phoenix 5.60 - 0.50 0.20 - 2.70 9.00 Yuma 5.60 0.50 - 0.50 0.50.0.10_ 1.70 8.90 1 electricity, gpower,gas(natural or artificial),or water to consumers or ratepayers unless otherwise 'Utility Service'means the producing,providing,or furnishingof electric lights,current, specified. 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E::> Assumes retail sales tax revenue from new commercial centers as follows: FY 07/08 -$1.7 million FY 08/09 -$3.6 million FY 09/10 -$4.2 million FY 10/11 -$5.7 million FY 11/12 -$6.1 million :71) permits Residentialbuilding held constant @ 400 permits/year for 3 yrs and dropping to 300 permits thereafter. b FY 06/07 revenues exclude $1.2 million utility sales tax revenues Expenditures b Personnel: o FY 06/07 expenditures include 18.5 proposed new positons o Total FTE's required based on per capita averages to reflect this Assumes a standard of 2.5 Police officers per 1,000 Town population (4 positions added in 2007 -0009 [standard). 'i�. o Includes 3% COLA, 3.5% Merit and 5% benefits increase annually o Assumes 26.5 FTE's to be added in the next 5 years (17.5 in Police Dept) based on future per capita estimates b Operations & Maintenance: o Naranja Townsite costs excluded from forecast Municipal Operations Center costs excluded from forecast o 3% cost inflation factored in annually o Factored in leasing of office space for additional personnel at a cost of$25/ft b Capital Outlay o Capital Improvement Projects per adopted CIP document FY 06/07 -2010/11 G:\BUDGET ANALYST\5 YR Forecast\FY 2006-2012 G.F. Forecast 9/8/200610:06 AM