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HomeMy WebLinkAboutPackets - Council Packets (1062) AGENDA ORO VALLEY TOWN COUNCIL SPECIAL SESSION JUNE 29, 2005 ORO VALLEY TOWN COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE SPECIAL SESSION AT OR AFTER 5:30 PM CALL TO ORDER ROLL CALL 1. REVIEW AND DISCUSSION OF THE DRAFT REVISED FLOODPLAIN AND EROSION HAZARD MANAGEMENT CHAPTER 2. RESOLUTION NO. (R)05-25 AWARD OF CONTRACT IN THE AMOUNT OF $49,100.00 FOR PROFESSIONAL ENGINEERING SERVICES TO BERNARD DEUTSCH ASSOCIATES, INC. FOR THE ORO VALLEY MUNICIPAL SERVICES CENTER (CONTINUED FROM 6- 15-05) (On June 15, 2005, this Item was approved by the Mayor & Council for reconsideration) ADJOURNMENT POSTED: 06/22/05 4:30 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 229-4700. TOWN OF ORO VALLEY COUNCIL COMMUNICATION STUDY SESSION DATE: June 29, 2005 TO: HONORABLE MAYOR & COUNCIL FROM: Jim Hossley Operations Division Manager SUBJECT: Draft Revised Floodplain and Erosion Hazard Management Chapter SUMMARY: The Town's existing Floodplain Management Code was first adopted in December 1983 and was last amended in August 1990. Since 1990 federal and State of Arizona floodplain management regulations have been revised. For the Town to be compliant with these regulations and maintain its good standing in the National Flood Insurance Program (NFIP) it is necessary to update the Town's floodplain management regulations. The Town's compliance with NFIP requirements substantially reduces the premiums paid by Town residents requiring flood insurance. The Arizona Department of Water Resources (ADWR) has oversight responsibility for the State's floodplain management program and coordination of the NFIP in Arizona for the Department of Homeland Security's Federal Emergency Management Agency (FEMA). As a part of their responsibilities, ADWR provides a model floodplain ordinance that complies with State and federal floodplain management requirements to all jurisdictions. Department of Public Works (DPW) staff used this model as the basis for the attached draft document. The Town has coordinated with ADWR staff to ensure that the draft Floodplain and Erosion Hazard Management Chapter is in compliance with federal and State requirements. DPW staff coordinated with Department of Community Development staff in preparation of this document. DPW staff also sought and received input from the Stormwater Utility Commission, from professional engineering firms in the Tucson area as well as Phoenix, and from the Southern Arizona Home Builders Association. There are several changes in this document over the existing Floodplain Management Code including the ability to adopt new and better flood insurance map products provided by FEMA and thus assure compliance with FEMA regulations. The draft document also has a provision for documenting repetitive loss whereby homeowners with flood insurance may file claims for Increased Cost of Compliance coverage where applicable. The draft document requires a Floodplain Use Permit for proposed construction and development within all flood related erosion- prone areas to minimize injury and damage to residents and their property due to erosion and scour associated with floodplains. The draft document also includes language requiring application for a floodplain use permit for encroachment into the floodplain of any wash having a peak 100-year discharge of 50 cubic feet per second or greater regardless of whether the wash is regulated by FEMA or not. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 ATTACHMENTS: Draft Floodplain and Erosion Hazard Management Chapter IJ Jj f1 / wd� / uti.,/yfitiL, kJ Town Engineer f /1 L..- • — Town Manager Table of Contents ARTICLE 17-1 STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS 1 Sec. 17-101 STATUTORY AUTHORIZATION 1 Sec. 17-102 FINDINGS OF FACT 1 Sec. 17-103 STATEMENT OF PURPOSE 1 Sec. 17-104 METHODS OF REDUCING FLOOD LOSSES 2 ARTICLE 17-2 DEFINITIONS 2 ARTICLE 17-3 GENERAL PROVISIONS 11 Sec. 17-301 LANDS TO WHICH THIS ORDINANCE APPLIES 11 Sec. 17-302 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD 11 Sec. 17-303 COMPLIANCE 13 Sec. 17-304 ABROGATION AND GREATER RESTRICTIONS 13 Sec. 17-305 INTERPRETATION 14 Sec. 17-306 STATUTORY EXEMPTIONS 14 Sec. 17-307 FLOODPLAIN VIOLATIONS 16 Sec. 17-308 ABATEMENT OF VIOLATIONS 16 Sec. 17-309 UNLAWFUL ACTS 16 Sec. 17-310 REMEDIES 17 Sec. 17-311 SEVERABILITY 17 Sec. 17-312 WARNING AND DISCLAIMER OF LIABILITY 17 ARTICLE 17-4 ADMINISTRATION 17 Sec. 17-401 ESTABLISHMENT OF FLOODPLAIN USE PERMITS 17 Sec. 17-402 ENFORCEMENT AND INSPECTION 18 Sec. 17-403 DUTIES OF FLOODPLAIN ADMINISTRATOR AND USE PERMIT PROCEDURES 19 Sec. 17-404 DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR 24 ARTICLE 17-5 PROVISIONS FOR FLOOD HAZARD REDUCTION 24 Sec. 17-501 STANDARDS OF CONSTRUCTION 24 Sec. 17-502 STANDARDS FOR STORAGE OF MATERIALS AND EQUIPMENT 26 Sec. 17-503 STANDARDS FOR UTILITIES 26 Sec. 17-504 STANDARDS AND SUBMITTAL REQUIREMENTS FOR SUBDIVISIONS 26 Sec. 17-505 STANDARDS FOR MANUFACTURED HOMES 29 Sec. 17-506 STANDARDS FOR RECREATIONAL VEHICLES 29 Sec. 17-507 FLOODWAYS 29 Sec. 17-508 FLOODWAY FRINGE AREA REQUIREMENTS 30 Sec. 17-509 FLOOD RELATED EROSION-PRONE AREA 32 Draft Floodplain Ordinance June 2005 DRAFT 17-i g:\storm water\draft floodplain ordinance june 2005doc s ARTICLE 17-6 APPEAL AND VARIANCE PROCEDURES 33 Sec. 17-601 NATURE OF VARIANCES 33 Sec. 17-602 FLOODPLAIN BOARD 33 Sec. 17-603 APPEALS AND REQUEST FOR VARIANCE CONSIDERATION 34 Sec. 17-604 CONDITIONS FOR VARIANCES 35 ARTICLE 17-7 ORDINANCE AMENDMENTS .3 5 ARTICLE 17-8 FEES .36 Draft Floodplain Ordinance June 2005 DRAFT 17—ii g:\storm water\draft floodplain ordinance june 2005.doc Article 17-1 STATUTORY AUTHORIZATION,FINDINGS OF FACT,PURPOSE AND METHODS Sec. 17-101 STATUTORY AUTHORIZATION The Legislature of the State of Arizona has, in ARS X48-3610,enabled the Town of Oro Valley to adopt regulations in conformance with ARS §48-3603 that are designed to promote the public health, safety, andg eneral welfare of its citizenry. Therefore,the Town Council of Oro Valley, Arizona, does ordain as follows: Sec. 17-102 FINDINGS OF FACT A. The flood hazard areas of Oro Valley are subject to periodic inundation that may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. B. These flood losses are caused by the cumulative effect of obstructions in the regulatory floodplain, which increase flood heights and velocities. Also, when these obstructions are inadequately anchored, they may cause damage in other areas. Uses that are inadequately flood-proofed, elevated or otherwise protected from flood damage also contribute to the flood loss. Sec. 17-103 STATEMENT OF PURPOSE It is the purpose of this ordinance to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed: A. To protect human life and health; B. To minimize expenditure of public money for costly flood control projects; C. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; D. To minimize prolonged business interruptions; E. To minimize damage to public facilities and utilities such as water and gas mains, electric,telephone, and sewer lines, and streets and bridges located in the regulatory floodplain; F. To help maintain a stable tax base by providing for the protection of regulatory floodplain and erosion hazard areas; G. To insure that potential buyers are notified that property is in a regulatory floodplain; Draft Floodplain Ordinance June 2005 DRAFT 17-1-1 H. To insure that those who occupy an area in a regulatory floodplain assume responsibility for their actions; and I. To maintain eligibility for disaster relief. Sec. 17-104 METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes,this ordinance includes methods and provisions for: A. Restricting or prohibiting uses which are dangerous to the public health, safety, and welfare as well as public and private property, due to water or development hazards; or which result in increased damages to development or increases in flood heights or velocities; B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of start of construction; C. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help to accommodate natural flood storage potential or the channelization of floodwaters; D. Controlling filling, grading, dredging, and other development that may increase flood damage; and E. Preventing or regulating the construction of flood barriers that unnaturally divert floodwaters, or that may increase flood hazards in other areas. Article 17-2 DEFINITIONS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to give them the meaning they have in common usage, and to give this ordinance it's most reasonable application. Alluvial Fan means a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel and fine sediments that have been eroded from mountain slopes, transported downstream by flood flows, and then deposited on valley floors, and that is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement, deposition, and channel migration. Alluvial Fan—Inactive means an alluvial fan where floodwaters typically flow within incised channels, and adjacent lands are stable. Alluvial Fan Flooding means flooding occurring on the surface of an alluvial fan, or similar landform, which originates at the apex; and is characterized by high-velocity flows; active processes of erosion, sediment transport, deposition, and unpredictable flow paths. Alluvial Fan High Hazard Area (AFHH) means an area of active alluvial fan flooding that is reserved to convey and receive sediment and floodwater without altering, and thereby potentially increasing, the distribution of flood hazards across the fan to otherwise inactive areas and areas located down slope. Draft Floodplain Ordinance June 2005 DRAFT 1 7-2 Apex means a point on an alluvial fan, or similar landform, below which the flow path of the major stream that formed the fan becomes unpredictable, and alluvial fan flooding can occur. Appeal means a request for a review of the decision of the Floodplain Administrator or Town Engineer concerning previous determinations or actions, pursuant to this chapter. Appeals are heard and decided by the Floodplain Board. Area of Shallow Flooding means a Federal Emergency Management Agency (FEMA) designated Zone "A" or Zone "X" area depicted on a Flood Insurance Rate Map (FIRM) for the community, or an area identified on a Flood Hazard Boundary Map that has, on an annual basis, a one percent or greater chance of flooding to an average depth of one-half foot, or greater, during the occurrence of a base flood at locations where a clearly defined channel does not exist and the path of the flooding is often unpredictable and indeterminate. Base Flood means a flood having a one percent (1%) chance of being equaled or exceeded in any given year. The base flood shall mean the peak discharge of a 100-year flood of 50 cubic feet per second (cfs) or greater. Said flood shall be determined from an analysis of floods on a particular watercourse, and other watercourses in the same general region, in accordance with the criteria established by the Arizona Department of Water Resources and the Town of Oro Valley, which criteria are hereby, incorporated by reference and made a part of this ordinance. Basement means any area of a structure with a subgrade floor, i.e., below the adjacent ground level on all sides. Community means any state or area or political subdivision thereof, or any Indian tribe, authorized tribal organization, or authorized native organization, which has authority to adopt and enforce Floodplain Management Regulations for the areas within its jurisdiction. Community Rating System (CRS) means a program created by FEMA that provides premium reductions on flood insurance to individual policyholders in communities that have adopted programs, standards, and practices that exceed the minimum federal standards. Critical Facility means a facility such as a hospital, nursing home, police and fire stations, and other public safety facilities that would be severely impacted by flooding interrupting critical services or leading to significant sheltering needs for the sick or elderly. Cumulative Substantial Damage means the total of all repairs to a repetitive loss structure, which shall not cumulatively increase the market value of the structure by more than 49% during the life of the structure. This term does not, however, include either: a. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official, and which are the minimum necessary to assure safe living conditions; or Draft Floodplain Ordinance June 2005 DRAFT 17-3 b. Any repair of flood damage to a"historic structure", provided the repair will not preclude the structure's continued designation as a"historic structure." Detention System means a type of flood control system which delays the downstream progress of flood- waters in a controlled manner, generally through the combined use of a temporary storage area and a metered outlet device, which causes a lengthening of the duration of the flow and thereby reduces downstream flood peaks. Development means any man-made change to improved or unimproved real estate, including but not limited to structures, mining, dredging, filling, grading, paving, excavation or drilling operations, and storage of materials and equipment located within the regulatory floodplain. Dwelling means a habitable structure. Encroachment means the advance or infringement of uses, plant growth, fill, excavation, permanent structures, or development into a floodplain that may impede or alter the flow capacity of a floodplain. An equal degree of encroachment is a standard applied to the evaluation of the effects of the encroachment on increases in flood heights. It assumes that an encroachment, if permitted, may confer on all property owners on both sides of the watercourse an equal right to encroach to the same degree within that reach. Since the factors affecting hydraulic efficiency are usually not uniform within a reach, this standard will usually not result in equal measured distances between regulatory floodway limit lines and the regulatory floodplain boundaries of the watercourse. Erosion means the process of the gradual wearing away of landmasses resulting from wind,water, or ice. Erosion Hazard Area means lands adjoining a watercourse that is regulated by this ordinance which are deemed by the Town Engineer to be subject to flood-related erosion losses (Ref. The Adopted Drainage Criteria Manual, Town of Oro Valley). Erosion Setback means the minimum horizontal distance between a structure or permanent feature and the channel bank necessary to protect the structure/feature from flood related erosion damage. For method to be used for determination of the erosion setback, see the Adopted Drainage Criteria Manual, Town of Oro Valley. Existing Manufactured Home Park or Subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are affixed (including, at a minimum, the installation of utilities, construction of streets, and either final site grading or the pouring of concrete slabs) was completed before the effective date of the floodplain management regulations adopted by the community. Expansion to an Existing Manufactured Home Park or Subdivision means preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Draft Floodplain Ordinance June 2005 DRAFT 17-4 Federal Emergency Management Agency (FEMA) means an agency of the federal government responsible for programs of disaster response and recovery, disaster preparedness, hazard mitigation, flood insurance, and other programs of technical and financial assistance. Federal Insurance Administration (FIA) means a directorate of FEMA responsible for the National Flood Insurance Program Flood or Flooding means a general and temporary condition of partial or complete inundation of normally dry land areas caused by the unusual and rapid accumulation or runoff of surface waters from any source. Flood Insurance Program (FIP) means the federal program established to provide flood insurance and to regulate development in flood hazard zones. Through the FIP, the federal government defines flood hazards and flood hazard zones, and publishes the information on Flood Insurance Rate Maps (FIRMs). Flood Hazard Boundary Map (FHBM) means any official maps issued by the Town Engineer for the purpose of identifying floodplains/flood-prone areas; also, floodplains/flood-prone areas identified on recorded subdivision plats. Flood Insurance Rate Map (FIRM) means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. Flood Insurance Study (FIS) means the official report provided by Federal Emergency Management Agency of the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, and the water surface elevation of the base flood. Floodplain or Flood-prone Area means any land area susceptible to being inundated by water from any source(see flooding). Floodplain Administrator is the Town Engineer, or his/her designee, whose duty it is to oversee administration and enforcement of the floodplain management regulations contained in this document. Floodplain Board means the Town Council of Oro Valley, at such times as they are engaged in the enforcement of this ordinance. Floodplain Management means the operation of an integrated natural resource management program encompassing corrective and preventive measures for reducing flood and erosion damage. Floodplain management includes but is not limited to emergency preparedness planning, flood control works and Floodplain Management Regulations. Floodplain Management Regulations means this ordinance and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control), and other applications of legal and regulatory authority that control use of, and development in, Draft Floodplain Ordinance June 2005 DRAFT 17-5 flood-prone areas. This term describes federal, state, or local regulations, and any combination thereof, which provide standards for preventing and reducing flood loss and damage. Floodplain Use Permit means an official document that authorizes special activity within the regulatory floodplains or erosion hazard areas of Oro Valley. Flood Protection System means those physical structural works for which funds have been authorized, appropriated, and expended; and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to designation as a regulatory floodplain as well as the extent and depths of associated flooding. Such a system typically includes dams, reservoirs, levees or dikes. These specialized flood-modifying works are those constructed in conformance with sound engineering standards. Flood-Proofed means a watertight structure with walls substantially impermeable to the passage of water, and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Flood-Proofing means any combination of structural and non-structural additions, changes, or adjustments to structures that reduces or eliminates flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. Flood-related Erosion means the collapse, subsidence, or lateral migration of land along a wash as a result of undermining caused by flowing water. Floodway means the channel of a watercourse and the adjacent land areas that must be reserved in order to provide for the passage of floodwaters or flood flows(see regulatory floodway). Floodway Fringe is that area of the floodplain lying on either side of a regulatory floodway where encroachment may be permitted. Governing Body is the local governing unit (i.e., county or municipality) empowered to adopt and implement regulations providing for the public health, safety, and general welfare of its citizenry. Hardship means that the physical characteristics of the property in question are so unusual, exceptional, and peculiar that a variance regarding its use may be requested and granted. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, be construed to qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, requires the property owner to build elsewhere, or means that the parcel must be put to a different use than originally intended. Highest Adjacent Grade means the highest natural elevation of the ground surface immediately adjacent to a structure prior to construction of the proposed walls of a structure. Historic Structure means any structure that is: Draft Floodplain Ordinance June 2005 DRAFT 1 7-6 A. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; C. Individually listed on State of Arizona as inventory of historic places, as approved by the Secretary of the Interior; or D. Individually listed on the Town of Oro Valley's inventory of historic places, and that have been certified by an approved State of Arizona program, as determined by the Secretary of the Interior. Levee means a human-made structure, usually an earthen embankment designed and constructed in accordance with sound engineering practices, for the purpose of containing, controlling, or diverting the flow of water so as to provide protection from temporary flooding. Lowest Floor means the lowest floor of the lowest enclosed area including the basement (see basement definition)or crawl space under a manufactured home if it is not vented. An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area is not considered to be the lowest floor of a structure; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this ordinance. Manufactured Home means a structure, transportable in one or more sections, which in the traveling mode is eight (8) feet or more wide or forty(40)feet or more in length, or when erected on site, is 320 or more square feet, and which is built on a permanent foundation and contains plumbing, heating, air cooling, and electrical systems. Manufactured Home Park or Subdivision means any lot, tract, or parcel of land used or offered for use, in whole or in part, with or without charge, for parking of manufactured homes or trailer coaches used for sleeping or household purposes. Market Value shall be determined by estimating the cost to replace the structure in new condition, and adjusting that cost figure by the amount of depreciation which has accrued since the structure was constructed. The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimating guide recognized by the building construction industry. The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the Floodplain Administrator, but shall not include economic or other forms of external obsolescence. Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the differences. Draft Floodplain Ordinance June 2005 DRAFT 17-7 Mean Sea Level means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929,North American Vertical Datum of 1988 (NAVD '88 ), or other datum to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. National Flood Insurance Program (NFIP) means a program administered by FEMA that makes federally backed flood insurance available for purchase by individuals that live in NFIP participating communities. New Construction means, for the purposes of determining insurance rates pursuant to this Chapter, structures for which the start of construction commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of Floodplain Management Regulations adopted by the Town of Oro Valley and includes any subsequent improvements to such structures. Obstruction includes, but is not limited to, any dam, wall, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, structure, wire, fence, rock, gravel, refuse, fill, structure, vegetation, or other material in, along, across, or projecting into any watercourse which may alter, impede, retard, or change the direction and/or velocity of the flow of water, or which due to its location influences its propensity to snare or collect debris carried by the flow of water,thereby reducing its likelihood of being carried downstream as well as reducing the channel's ability to convey flow. One Hundred Year Flood means the flood having a one percent chance of being equaled or exceeded in any given year(see base flood). Person means an individual or his agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or the State of Arizona or its agencies or political subdivisions. Program means the National Flood Insurance Program authorized by 42 U.S.C. 4001-4128, or as authorized by subsequent Federal statutes. Reach is a hydraulic engineering term to describe longitudinal segments of a stream or watercourse. A reach will generally include the segment of the flood hazard area where flood heights are primarily controlled by man-made or natural obstructions or constrictions. In an urban area, an example of a reach would be the segment of a stream or watercourse between two consecutive bridge crossings. Recreational Vehicle means a vehicle that is: A. Built on a single chassis; B. 400 square feet or less in area,when measured at the largest horizontal projection; C. Designed to be self-propelled or permanently towable by a light duty truck; and Draft Floodplain Ordinance June 2005 DRAFT 17-8 D. Designed primarily ned rimaril not for use as a permanent dwelling but as temporary living quarters for recreational, camping,travel, or seasonal use. Regulatory Flood Elevation means an elevation that is one foot above the calculated water surface elevation of the base flood. Regulatory Floodplain or Flood-Prone Area means that portion of the geologic floodplain associated with a water-course, including its channel or any other floodplain or flood-prone area that would be inundated by the base flood. It also means areas which are subject to sheet flooding, special flood hazard areas, and those areas mapped as floodplains/flood-prone on recorded subdivision plats or other flood hazard boundary maps. Regulatory Floodway means the channel of a watercourse and the adjacent land areas that must be g rY reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 1 (one) foot, where the owner of the land doing the development owns both sides of the watercourse, and not more than 0.1 foot where only one side is owned. In no case should the development increase the water surface elevation more than 0.1 foot on the property owned by others that is located upstream and downstream of the development. The aforementioned water surface elevation increases apply to all watercourse channels in Oro Valley except the Canada del Oro wash where the elevation of the existing levee system and bank protection will allow for no water surface elevation increases due to encroachment. Additionally, when main channel flood-flow velocities are greater than 4.0 feet per second (fps), flood-flow velocities shall not increase by more than 1.0 fps or 10 percent, whichever is less, in the regulatory floodway. Any velocity increase greater than the aforementioned criteria must be reviewed, and approved by the Town Engineer. Remedy a violation means to bring the structure or other development into compliance with State or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this ordinance, otherwise deterring future similar violations, or reducing Federal financial exposure with regard to the structure or other development. Repetitive Loss Structure means a structure, covered by a contract for flood insurance issued pursuant to the National Flood Insurance Act, that has incurred flood-related damage on two occasions during any 10-year period ending on the date of the event for which a second claim is made, and for which the cost of repairing the flood damage, on average, equaled or exceeded 25% of the market value of the structure at the time of each such flood event. In addition to the current claim, the NFIP must have paid the previous qualifying claim. Retention System means a type of flood control system that stops the downstream progress of flood water by employing methods of total containment which generally involve creation of storage areas that incorporate infiltration devices, such as dry wells, to dispose of stored waters, principally by percolation over some specified period of time,thereby eliminating basin contributions to downstream flood peaks or flood volumes. Draft.Floodplain Ordinance June 2005 DRAFT 1 7-9 Riverine means relating to, formed by,or resembling a river(including tributaries), stream, brook, etc. Sheet Flow Area(see Area of Shallow Flooding) Special Flood Hazard Area (SFHA) means an area designated by FEMA as having a special flood or flood related erosion hazard, and is the land subject to a one-percent or greater chance of flooding in any given year. A SFHA may be designated on a FHBM or FIRM as a Zone A or shaded Zone X for the base flood, as well as for areas that the Town Engineer, using the best available data, has determined may be subject to a flood hazard during the regulatory flood. Start of Construction includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date; and provided the first Town of Oro Valley inspection is completed by the Town, at the request of the permittee, within 180 days of permit issuance. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction also includes filling, the installation of streets and/or walkways, the installation on the property of accessory structures, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a structure, whether or not that alteration affects the external dimensions of the structure. Structure means any building or containment unit that is constructed or erected, the use of which requires location on the ground or attachment to a foundation having a location on the ground. Habitable structures are those buildings intended for human occupation, whether utilized on a full or part-time basis. Substantial Damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial damage also means flood-related damage sustained by a structure on two separate occasions during a rolling 10-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25 percent of the market value of the structure before the damage occurred. Substantial Improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. This term includes structures that have incurred repetitive loss or substantial damage, regardless of the actual repair work performed. The term does not, however, include either: A. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official, and which are the minimum necessary to assure safe living conditions, or Draft Floodplain Ordinance June 2005 DRAFT 17-10 B. Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure. Variance means a modification of the literal provisions of this ordinance that is granted by the Floodplain Administrator or the Floodplain Board (for FEMA floodplains) upon a finding that strict enforcement of thep rovisions would cause undue hardship owing to circumstances unique to the individualrope�Y for which the variance is granted, and not caused by the applicant for said variance. p Violation means the failure of a structure or other development to be fully compliant with the Town of Oro Valley Floodplain lain Management Regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required by this ordinance, is presumed to be in violation until such time as such documentation is provided. Violation also means unauthorized construction, grading, encroachment, diversion, or lack of maintenance of private drainage structures. Water Surface Elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 or the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of riverine areas. Watercourse means a lake, river, creek, stream, wash, arroyo, channel, or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur, including regulatory floodplains as designated by FEMA or the Town of Oro Valley. Article 17-3 GENERAL PROVISIONS Sec. 17-301 LANDS TO WHICH THIS ORDINANCE APPLIES This ordinance shall apply to all regulatory floodplain areas within the corporate limits of the Town of Oro Valley, but only to such areas. Sec. 17-302 BASIS FOR ESTABLISHING THE REGULATORY FLOODPLAIN AREAS The regulatory floodplain areas identified by the Federal Insurance Administration (FIA) of the Federal rY Emergency Management Agency (FEMA) in a scientific and engineering report entitled The Flood g Y Insurance Study (FIS) for Pima County, Arizona and incorporated areas, revised February 8, 1999, with accompanying Flood Insurance Rate Maps (FIRMs) dated February 8, 1999 and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this ordinance. This Flood Insurance Study (FIS) and attendant mapping may be supplemented by studies for other areas that allow implementation of this ordinance. The Floodplain Board, within the incorporated limits of the Town of Oro Valley, shall require developers of land to delineate, within areas where development is ongoing or imminent, floodplains consistent with the criteria developed by the FEMA, the Arizona Director of Water Resources, and the Town Engineer, pursuant to the Town's adopted Drainage Draft Floodplain Ordinance June 2005 DRAFT 17-11 Criteria Manual. The Flood Insurance Study, FIRMs, and FHBMs are on file at the Oro Valley's Department of Public Works, 11000 N. La Canada Drive, Oro Valley, Arizona. Additionally, areas determined by the Town Engineer and /or shown on FHBMs, including floodplains/flood-prone areas identified on previously recorded subdivision plats (and those recorded hereafter),are also hereby adopted, by reference, and declared a part of this ordinance. A. Regulatory floodplains shall be subject to the following regulations, except as hereinafter provided: 1. No person or persons shall construct any structure which will divert, retard, or obstruct the flow of water in any stream, watercourse, or regulatory floodplain area without having secured all necessary permits from any governmental agency from which approval is required by Federal or State or Local law, and said permits or copies thereof shall be provided to the Floodplain Administrator for review. 2. No person shall construct any structure that will divert, retard, or obstruct the flow of water in any stream, watercourse, or regulatory floodplain area without securing written authorization in the form of a Floodplain Use Permit from the Town of Oro Valley, except as exempted in Sec. 17-306 of this ordinance. 3. The FIS and areas shown on FHBMs together with floodplains associated with washes and/or sheet flow areas having 100-year peak discharges of 50 cfs or more, are the minimum areas of applicability of this ordinance, and may be supplemented by studies for other areas that allow implementation of this ordinance. Applicants for development in the Town of Oro Valley shall delineate floodplains consistent with criteria developed by FEMA, the Town Engineer, and/or pursuant to the Town's adopted Drainage Criteria Manual. 4. All property in the regulatory floodplains, except that covered by statutory exemptions, shall be governed according to the provisions herein. 5. Any use of land otherwise authorized by law shall be permitted, provided such use meets the minimum standards of the regulations hereinafter set forth. B. Elevation and Boundary Refinements: 1. The determination of elevations (water surface, lowest finished floor, and adjacent land) and regulatory floodway and regulatory floodplain boundaries is an engineering function with calculations and decisions made in accordance with the concepts and policies set forth in this ordinance. The best technical data available shall be used for such calculations and decisions. Initial determinations shall be based on floodplain information reports of the Pima County Flood Control District, Corps of Engineers, U.S. Bureau of Reclamation, U.S. Geological Survey, and/or other general data that are pertinent for the conditions of the streams or the watercourses at the time the data are obtained. Draft Floodplain Ordinance June 2005 DRAFT 17-12 2. Additional and more detailed technical analysis will, from time to time, become available through private or governmental studies and activities. These data will permit refinements in the elevations and boundaries of regulatory floodway and regulatory floodplains in the respective reaches of the streams or watercourses. 3. Whenever such additional data become available and it seems desirable to make refinements i.e. LOMAs or LOMRs, such refinements or revisions may be made at the request of the property owners or developers or by the Town Engineer. The necessary engineering calculations shall be made for the property owner or developer by an Arizona Registered Professional Civil Engineer (at the owner's/ developer's expense) in conformance with requirements of this chapter, the FEMA, and the Arizona Department of Water Resources. These findings will need approval of the Town Engineer. Following the Town's approval of these refinements to regulatory floodplain areas identified on FIRMs and FHBMs, the property owner shall have calculations and forms forwarded to FEMA for review and approval. 4. The Town Engineer or his/her duly designated representative shall have the authority and responsibility to revise and refine elevations and boundaries of regulatory floodways and regulatory floodplains whenever such revisions and refinements are for the purpose and in accordance with the conditions set forth in Secs. 17-508B.3, 17-508B.4, and 17-508B.5 of this ordinance. a. The Flood Insurance Rate Map for Pima County and Incorporated Areas shall be revised to show the refined area boundaries and/or elevations. b. The Town Engineer shall notify the owner of each property for which area boundaries and/or elevations have been revised or refined, as well as those owners of adjoining property immediately upstream and downstream, by first class mail following a duly noticed public hearing on the property involved. c. An appeal to the Floodplain Board may be taken by any person aggrieved, in accordance with Article 17-6 of this ordinance. Sec. 17-303 COMPLIANCE All development of land, construction of residential, commercial, or industrial structures, or future development within delineated floodplain areas is subject to the terms of this ordinance. Sec. 17-304 ABROGATION AND GREATER RESTRICTIONS The provisions of this ordinance are not intended to interfere with, abrogate, or annul any ordinance, rule, regulations, or permit previously adopted or issued, and not be in conflict with any provision of this ordinance or any regulation that shall be adopted or issued pursuant to law relating to the use of structure or ordinance not in conflict with this ordinance; nor is it intended by this ordinance to interfere with or Draft Floodplain Ordinance June 2005 DRAFT 17-13 abrogate or annul any easement, covenant, or other agreement between parties, except when this ordinance imposes a greater restriction,this ordinance shall control. Sec. 17-305 INTERPRETATION In the interpretation and application of this ordinance, all provisions shall be: A. Considered as minimum requirements; B. Liberally constructed in favor of the governing body; and, C. Deemed neither to limit nor repeal any other powers granted under state statutes. Sec. 17-306 STATUTORY EXEMPTIONS A. In accordance with ARS 48-3609.H, unless expressly provided this and any regulation adopted pursuant to this article do not affect: 1. Existing legal uses of property or the right to continuation of such legal use. However, if a nonconforming use of land or a structure is discontinued for twelve (12) months or destroyed to the extent of fifty (50) percent of its value, as determined by three competent appraisers, any further use shall comply with this article and regulations of the Town of Oro Valley. 2. Reasonable repair or alteration of property for the purposes for which the property was legally used on August 3, 1984, or any regulations affecting such property takes effect, except that any alteration, addition, or repair to a nonconforming structure which would result in increasing its flood damage potential by fifty (50) percent or more shall be either flood-proofed or elevated to or above the regulatory flood elevation. 3. Reasonable repair of structures constructed with the written authorization required by ARS §48- 3613. 4. Facilities constructed or installed pursuant to a certificate of environmental compatibility issued pursuant to ARS Title 40, Chapter 2, Article 6.2. B. In accordance with ARS §48-3613, a floodplain use permit giving written authorization shall not be required,nor shall the Floodplain Board or Town Engineer prohibit: 1. The construction of bridges, culverts, dikes, and other structures necessary for the construction of public highways,roads, and streets intersecting or crossing a watercourse. 2. The construction of storage dams for watering livestock or wildlife, structures on banks of a watercourse to prevent erosion of, or damage to, adjoining land, if the structure will not divert, Draft Floodplain Ordinance June 2005 DRAFT 17-14-14 retard or obstruct the natural channel of the watercourse, or dams for the conservation of floodwaters as permitted by ARS title 45, chapter 6. 3. The construction of tailing dams and waste disposal areas for use in connection with mining and metallurgical operations. This paragraph does not exempt those sand and gravel operations that will divert, retard or obstruct the flow of waters in any watercourse from complying with, and acquiring authorization from,the Town Engineer or the Floodplain Board pursuant to regulations adopted by the Floodplain Board under this article. 4. Other construction, if it is determined by the Town Engineer that a floodplain use permit is unnecessary. 5. Any flood control district, county, city, town, or other political subdivision from exercising powers granted to it under this article. 6. The construction, by a public agency or political subdivision, of streams, waterways, lakes, and other auxiliary facilities in conjunction with development of public parks and recreation facilities. 7. The construction and erection of poles, towers, foundations, support structures, guy wires, and other facilities related to power transmission as constructed by any utility, whether a public service corporation or a political subdivision. 8. The development and/or structure permitted in special permits granted by the State agency having the primary land management administrative duty over the lands if development or construction is to be on lands owned or held in trust by the State. 9. Future development in an approved subdivision provided seventy-five (75) percent of such regulatory floodplain area within the platted and approved subdivision to be developed and ry utilized for dwelling units or commercial or industrial structures has been so developed and utilized as of August 8, 1973. C. Before any construction authorized by Subsection B of this section may begin,the responsible person must submit grading plans and a grading permit application. The applicant must obtain necessary plan and permit approvals, as well as meet requirements pursuant to the Oro Valley Zoning Code (Revised), Town of Oro Valley Drainage Criteria Manual, and any other applicable Town standards. D. In addition to other penalties or remedies otherwise provided by law, the state of Arizona, a political subdivision thereof, or a person who may be damaged or has been damaged as a result of the unauthorized diversion, retardation, or obstruction of a watercourse has the right to go through an Administrator/Board to commence, maintain, and prosecute any appropriate action or pursue any remedy to enjoin, abate, or otherwise prevent any person from violating or continuing to violate this section or regulations adopted pursuant to this article. If a person is found to be in violation of this section, the Administrator/Board shall require the violator either to comply with this section, if authorized by the Floodplain Board for FEMA regulated floodplains (the Town Engineer for non- Draft Floodplain Ordinance June 2005 DRAFT 17-15 FEMA regulated floodplains), or to remove the obstruction and restore the watercourse to its original state. The court may also award such monetary damages as are appropriate to the injured parties resulting from the violation, including reasonable costs and attorney fees. Sec. 17-307 FLOODPLAIN VIOLATIONS A. DECLARATION OF PUBLIC NUISANCE. Every new structure, fill, excavation, or development located or maintained within any regulatory floodplain area after August 8, 1973, in violation of this ordinance, and without written authorization from the Floodplain Board for FEMA regulated floodplains (the Town Engineer for non-FEMA regulated floodplains), is a public nuisance per se, and may be abated,prevented or restrained by action of the Floodplain Board. Sec. 17-308 ABATEMENT OF VIOLATIONS Upon discovery of a violation to this ordinance, the Floodplain Administrator shall either: A. Take any necessary action to effect the abatement of such violation; or B. Order the owner of the property upon which the violation exists to provide whatever additional information may be required for determination by the floodplain administrator. Such information must be provided to the Floodplain Administrator within 30 days of such order. Within 30 days, the Floodplain Administrator shall either order the abatement of said violation or shall grant a variance in accordance with the provisions of Article 17-603E herein; or C. For FEMA regulated floodplains, submit to the Administrator of the Federal Insurance Administration a declaration for denial of insurance, stating that the property is in violation of a cited state or local law, regulation or ordinance, pursuant to Section 1316 of the National Flood Insurance Act of 1968, and as amended. Sec. 17-309 UNLAWFUL ACTS A. It is unlawful for any person to divert, retard or obstruct the flow of waters in any watercourse whenever it creates a hazard to life or property without securing the written authorization of the Floodplain Administrator or the Floodplain Board for FEMA regulated floodplains. Where the watercourse is a delineated floodplain, it is unlawful to excavate or build any structure affecting the flow of waters without securing written authorization of the Floodplain Administrator or the Floodplain Board for FEMA regulated floodplains. B. It is unlawful for any person to neglect maintenance responsibilities on private drainage improvements. C. Any person violating the provisions of this section shall be guilty of a class 2 misdemeanor. Draft Floodplain Ordinance June 2005 DRAFT 17-16 Sec. 17-310 REMEDIES All remediesp rovided for herein shall be cumulative and not exclusive. The conviction and punishment of any person hereunder shall not relieve such person from the responsibility to correct prohibited conditions or to remove prohibited structures, obstructions, or improvements; nor prevent the enforcement, correction, or removal thereof. In addition to the other penalties or remedies provided in this Article,the state of Arizona, any political subdivision thereof, or any person who may be damaged as a result of the diversion, retardation, or obstruction of a watercourse shall have the right to commence, maintain, andp rosecute any appropriate action or pursue any remedy to enjoin, abate, or otherwise prevent any person from violating or continuing to violate any provision of this ordinance. Sec. 17-311 SEVERABILITY ordinance, and its various parts thereof, is hereby declared to be severable. Should any section of This this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion thereof, other than the section so declared to be unconstitutional or invalid. Sec. 17-312 WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes, and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the regulatory floodplain areas or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the Town of Oro Valley, any officer or employee thereof, the state of Arizona, the Federal Insurance Administration, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. Article 17-4 ADMINISTRATION Sec. 17-401 ESTABLISHMENT OF FLOODPLAIN USE PERMITS A. RESPONSIBILITY FOR PERMITS: It shall be the duty of the Town Engineer and all departments, officials, and public employees vested with the duty or authority to issue permits or licenses,to enforce the provisions of this ordinance; and no such license or permit shall be issued for uses or building where the same would be in conflict with the provisions of this ordinance. Any such license or permit, if issued in conflict with the provisions of this ordinance, shall be null and void. B. FLOODPLAIN USE PERMITS: It shall be unlawful to erect, construct,reconstruct, alter, or change the use of any structure within any regulatory floodplain area covered by this ordinance without first applying 1 ing for and obtaining a Floodplain Use Permit from the Town Engineer; but no such Floodplain Use Permit shall be required for any repairs or improvements for which the value of the materials and Draft Floodplain Ordinance June 2005 DRAFT 1 7-17 labor thereon does not exceed $7500.00. For the purpose of determining the value of any such repairs, alterations, or improvements,the normal retail value of materials and reasonable value of the labor performed shall be used. Even though no Floodplain Use Permit is required, all other provisions of this ordinance shall be observed in the performance of said repairs or improvements, and this section shall be interpreted to apply only to repairs or improvements that, in fact, constitute complete units, and shall not apply to any effort to repair or improve property units,piecemeal, and by subterfuge for the purpose of avoiding applying for a permit when the cost of said work is, in fact, in excess of$7500.00. C. APPLICATION FOR FLOODPLAIN USE PERMIT: Application for a Floodplain Use Permit shall be made on forms furnished by the Town Engineer, and must include, without limitation, p lans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the areas in question; existing or proposed structures including walls, bank protection, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required: 1. Proposed elevation, in relation to mean sea level, of the lowest floor(including basement) of all structures. In a designated Zone AO, elevation of existing highest adjacent natural grade and proposed elevation of lowest floor of all structures must be obtained; 2. Proposed elevation, in relation to mean sea level,to which any structure will be flood-proofed; 3. Certification by an Arizona Registered Professional Civil Engineer or an Arizona Registered Professional Architect that the flood-proofing methods for any nonresidential structure meet the flood-proofing criteria in Sec. 17-501.C; and 4. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Each such application shall be accompanied by an application fee, as set forth by the Town, payable to the Town of Oro Valley. Sec. 17-402 ENFORCEMENT AND INSPECTION A. ENFORCEMENT: It shall be the duty of the Town Engineer, through his/her duly appointed Floodplain Administrator and officials of the Town otherwise charged with the enforcement of the law, to enforce this ordinance and all of the provisions of the same. B. INSPECTIONS: Inspections shall be made by the Town Engineer or by a duly appointed Floodplain Administrator. C. COOPERATION: The Town Floodplain Administrator may request, and shall receive so far as may y be necessary in the discharge of his/her duties, the assistance and cooperation of all departments, agencies, officials, and public employees vested with the duty or authority to issue permits, licenses, or to enforce the regulations of this ordinance. Draft Floodplain Ordinance June 2005 DRAFT 1 7-1 8 D. TOWN OF ORO VALLEY ADMINISTRATION: Hydrologic, hydraulic, and related floodplain regulations, as well as engineering matters pertaining to the administration and direction of this ordinance, shall be referred to the Town of Oro Valley Town Engineer or his/her designated representative, who shall be responsible for such reviews, advice, and recommendations. E. COOPERATION AGREEMENTS AND CONSULTANTS: The Floodplain Administrator, through the applicable procurement and/or intergovernmental agreement procedures, may retain consultants and experts; and may enter into cooperative agreements for the delineation of floodplains and floodways as well as for such other assistance and guidance considered appropriate and necessary to obtain maximum reasonable protection and benefits under this ordinance. Sec. 17-403 DUTIES OF FLOODPLAIN ADMINISTRATOR AND USE PERMIT PROCEDURES A. The Floodplain Administrator shall issue Floodplain Use Permits required by this Section. B. The following procedure shall be used by the Floodplain Administrator in considering issuance of Floodplain Use Permits. 1. Upon receiving an application for a Floodplain Use Permit involving the use of fill, construction of structures, or the storage of materials, and prior to rendering a decision thereon the Floodplain Administrator may: a. Require the applicant to submit, where applicable, plans in triplicate drawn to scale showing the nature, location, dimensions, and elevations of the lot; existing or proposed structures, fill, storage of materials, flood-proofing measures; and the relationship of the above to the location of the channel, regulatory floodway, the regulatory floodplain with base flood elevations, the proposed project in relation to flood heights and velocities, and the plans for flood protection. The applicant shall provide a new delineation of all regulatory floodplains affected by the project. The new delineation and reports shall be prepared in conformance with FEMA requirements and this ordinance. The delineation shall show pre- and post- project floodplain limits and water surface elevations upstream, adjacent, and downstream of the project. b. Require, where circumstances necessitate more detailed information, the applicant to furnish as much of the following additional information as is deemed necessary by the Floodplain Administrator for the evaluation of the effects of the proposed use upon flood flows and the consideration of other factors necessary to render a decision on suitability of the proposed use: (i) A typical valley cross-section showing the floodway, floodway fringe area, and the floodplain of the watercourse; elevation of land areas adjoining each side of the channel; cross-sectional areas to be occupied by the proposed development; and high water information. Draft Floodplain Ordinance June 2005 DRAFT 17-19-19 • (ii) A plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location, and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets, water supply, sanitary facilities; photographs showing existing land uses and vegetation upstream and downstream, and soil types, as well as other pertinent information; (iii)A profile showing the slope of the bottom of the channel or flow line of the watercourse; (iv)Specifications for building construction and materials, flood-proofing, filling, dredging, grading, channel improvement, storage of materials, water supply, and sanitary facilities; c. Ensure that the proposed development does not adversely affect the carrying capacity of channels at locations where base flood elevations have been determined but a floodway has not been designated. For purposes of this ordinance, adversely affects means that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will increase the water surface elevation of the base flood more than one (1) foot where the owner of the land doing the development owns both sides of the floodway and more than 0.1 foot where only one side is owned. In no case shall the development increase the water surface elevation more than 0.1 foot on the properties owned by others that are located upstream and downstream. The aforementioned water surface elevation increases apply to all watercourse channels in Oro Valley except the Canada del Oro Wash where the elevation of the existing levee system and bank protection will allow for no water surface elevation increases due to encroachment. Additionally, when main channel flood-flow velocities are greater than 4.0 feet per second (fps), flood-flow velocities shall not increase by more than 1.0 fps or ten (10) percent, whichever is less, in the regulatory floodway. Any velocity increase greater than the aforementioned criteria must be reviewed and approved by the Town Engineer. d. For FEMA regulated floodplains, require the applicant to submit appropriate (e.g. CLOMR, CLOMR-F, etc.) applications, forms, and information to FEMA for review and approval. A Floodplain Use Permit shall be issued by the Town of Oro Valley upon acknowledgement from FEMA of the acceptance of the CLOMR. e. Ensure other related State of Arizona and federal permits have been issued. 2. No permit shall be issued for any development that is not in conformance with this ordinance, FEMA regulations, or some other provision of law relating to such development. A Floodplain Use Permit may be denied if the proposed development constitutes a danger or hazard to life or property. In making such a determination, the Floodplain Administrator may consider the following factors: Draft Floodplain Ordinance June 2005 DRAFT 17-20 a. The danger to life and property due to increased flood heights or velocities caused by encroachments; b. The danger that materials may be swept on to other lands or downstream to the injury of others; c. Thep roposed water supply and sanitation systems, and the ability of these systems to prevent disease, contamination, and unsanitary conditions; d. The susceptibility of the proposed facility and its contents to flood damage, and the affect of such damage on the individual owner; e. The importance of the services provided by the proposed facility to the community; f. The availability of alternative locations for the proposed use that are not subject to flooding; g. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future; h. The relationship of the proposed use to the comprehensive plan and Floodplain Management program for the area encompassing the proposed use; i. The safety of access to the property in times of flood for ordinary and emergency vehicles; j. The expected heights, velocity, duration, rate of rise, development potential, and sediment transport of the floodwaters expected at the site; k. Such other factors as are relevant to the purposes of this ordinance. 3. Upon consideration of the factors listed above and the purposes of this ordinance, the Floodplain Administrator may attach such conditions to the granting of a Floodplain Use Permit as he/she deems necessary to further the purposes of this ordinance, including but not limited to: a. Modification of waste disposal and water supply facilities; b. Limitations on periods of use and of operation; c. Imposition of operational controls, sureties related to temporary uses, and deed restrictions; d. Requirements for construction of channel modifications, dikes, levees, and other protective measures; e. Flood-proofing measures such as the following shall be designed consistent with the regulatory flood elevation for the particular area: Flood velocities, duration, rate of rise, hydrostatic and hydrodynamic forces, and other factors associated with the base flood. The Floodplain Administrator may require that the applicant submit a plan document, certified by Draft Floodplain Ordinance June 2005 DRAFT 1 7-21 an Arizona Registered Professional Civil Engineer, that the flood-proofing measures are consistent with the regulatory flood elevation and associated flood factors for the particular area. The following flood-proofing measures may be required,without limitation, because of specific enumeration: (i) Anchorage to resist floatation and lateral movement; (ii) Installation of watertight doors, bulkheads, and shutters; (iii) Reinforcement of walls to resist water pressures; (iv) Use of paints, membranes, or mortars to reduce seepage of water through the walls; (v) Addition of mass or weight to structures to resist floatation; (vi) Installation of pumps to lower water levels in structures; (vii) Construction of water supply and waste treatment systems so as to prevent the entrance of floodwaters; (viii) Pumping facilities to relieve sub-surface external foundation wall and basement floor pressures; (ix) Construction to resist rupture or collapse caused by water pressure or floating debris; (x) Cut-off valves on sewer lines, or the elimination of gravity flow basement drains; or (xi) Elevation of structures, and uses to the regulatory flood elevation. C. The Floodplain Administrator shall be responsible for the following duties: 1. Obtain and maintain for public inspection and make available the following: a. The certified regulatory flood elevation required in Section 17-501.C.1;(ARS.§ 48- 3609); b. The Zone AO certification required in Section 17-501.C.2; c. The floodproofing certification required in Section 17-501.C.3; d. The certified opening elevation required in Section 17-501.C.4.b; and Draft Floodplain Ordinance June 2005 DRAFT 1 7-22 e. Permit records for repair of flood-related damage to structures on a cumulative basis over the life of the structure. 2. Whenever a watercourse is to be altered or relocated: a. Notify adjacent communities and ADWR prior to such alteration or relocation of a watercourse, and submit evidence of such notification to FIA through appropriate notification means; and b. Require that the flood carrying capacity of the altered or relocated portion of said watercourse be maintained. 3. Within one hundred twenty days after completion of construction of any flood control protective works which changes the rate of flow during the flood or the configuration of the floodplain upstream or downstream from or adjacent to the project, the person or agency responsible for installation of the project shall provide to the governing bodies of all jurisdictions affected by the project a new delineation of all floodplains affected by the project. The new delineation shall be done according to the criteria adopted by the ADWR. (A.R.S. § 48-3609 (I)). 4. Advise the district of Pima County and any adjunct jurisdiction having responsibility for floodplain management in writing and provide a copy of a development plan of all applications for floodplain use permits or variances to develop land in a floodplain or floodway within one mile of the corporate limits of the Town of Oro Valley, AZ. Also, advise the district of Pima County in writing and provide a copy of any development plan of any major development proposed within a floodplain or floodway, which could affect floodplains, floodways or watercourses within the district's area of jurisdiction. Written notice and a copy of the plan of development shall be sent to the district no later than three (3) working days after having been received by Town of Oro Valley. (A.R.S. § 48- 3610(B)(2)) 5. Notify FEMA and ADWR of acquisition by means of annexation, incorporation or otherwise, of additional areas of jurisdiction. 6. A community's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, a community shall notify the Administrator (FEMA) of the changes by submitting technical or scientific data in accordance with this part. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data. Draft Floodplain Ordinance June 2005 DRAFT 1 7-23 • Sec. 17-404 DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR The Town Engineer or his/her designee is hereby appointed to administer, implement, and enforce this ordinance and guidelines set forth in Article 17.4, Administration, by processing Floodplain Use Permits in accordance with its provisions. Article 17-5 PROVISIONS FOR FLOOD HAZARD REDUCTION Sec. 17-501 STANDARDS OF CONSTRUCTION In all regulatory floodplain areas,the following standards are required: A. Anchoring 1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. 2. All manufactured homes shall meet the anchoring standards of Sec. 17-505. B. Construction Materials and Methods 1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. 2. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. 3. All new construction, substantial improvements, and other proposed new development shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment, as well as other service facilities that are designed.and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 4. Within Zones AH or AO, adequate drainage paths around structures on slopes are required to guide floodwaters around and away from proposed or existing structures and downstream development. C. Elevation and Flood-proofing 1. New construction and substantial improvement of any structure shall have the lowest floor, including basement, elevated at or above the regulatory flood elevation. In areas without a detailed study but within regulatory floodplain boundaries, the applicant shall have an Arizona Registered Professional Civil Engineer prepare a detailed study to determine the depth of the regulatory flood. Nonresidential structures may meet the standards in Sec. 17-501.C.3. Upon the completion of the structure, the elevation of the lowest floor including basement, shall be certified by an Arizona Registered Professional Civil Engineer or an Arizona Registered Draft Floodplain Ordinance June 2005 DRAFT 1 7-24 Professional Land Surveyor, and provided to the Floodplain Administrator and the Town Building Official. 2. New construction and substantial improvement of any structure in Zone AO shall have the lowest floor, including basement, higher than the highest adjacent grade at least one foot higher than the depth number on the FIRM, or at least two feet in no depth number is specified. Nonresidential structures may meet the standards in Section 17-501.C.3. Upon completion of the structure an Arizona Registered Professional Civil Engineer shall certify to the Floodplain Administrator that the elevation of the structure meets this standard. 3. Nonresidential construction shall either be elevated in conformance with Sec. 17-501.C.1 or 2, or together with attendant utility and sanitary facilities: a. Be flood-proofed so that below the regulatory flood elevation the structure is watertight with walls substantially impermeable to the passage of water; b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and c. Be certified by an Arizona Registered Professional Civil Engineer or an Arizona Registered Professional Architect that the standards of this subsection are satisfied. Such certifications shall be provided to the Floodplain Administrator and the Town Building Official. 4. Require, for all new construction and substantial improvements of non-residential structures,that fully enclosed areas below the lowest floor that are useable solely for parking of vehicles, building access, or storage in an area other than a basement, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by an Arizona Registered Professional Civil Engineer or an Arizona Registered Professional Architect to meet or exceed the following minimum criteria: a. A minimum of two openings, on different sides of each enclosed area, shall be provided having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. b. The bottom of all openings shall be no higher than one foot above grade. c. Openings may be equipped with screens, louvers, valves, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters. 5. Manufactured homes shall meet the above standards and the standards in Sec. 17-505. Draft Floodplain Ordinance June 2005 DRAFT 17-25 • Sec. 17-502 STANDARDS FOR STORAGE OF MATERIALS AND EQUIPMENT A. The storage or processing of materials is prohibited if they are, in time of flooding: buoyant, flammable, explosive, or could be noxious, deadly, or injurious to human, animal, or plant life. B. Storage of other material or equipment may be allowed if they are not subject to major damage by floods, or if they are firmly anchored to prevent flotation, or if they are readily removable from the area within the time available after flood warning. Sec. 17-503 STANDARDS FOR UTILITIES A. All new or replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from systems into floodwaters. B. Waste disposal systems shall not be installed in a floodway or in a regulatory floodplain. Sec. 17-504 STANDARDS AND SUBMITAL REQUIREMENTS FOR SUBDIVISIONS A. All subdivision proposals shall be consistent with the need to minimize flood damage. B. All subdivision proposals shall have all public utilities and facilities, including but not limited to sewer, gas, electrical, and water systems located and constructed to minimize flood damage. C. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards (See Adopted Drainage Criteria Manual). D. Suitability of the Land: Land that has been found by the Floodplain Board to be unsuitable for development with permanent structures based on hydrological and engineering studies of flooding can be platted and used for only open-space and green-belt uses such as those identified in Section 17-507.B.1. This includes land which is: 1. Physically unsuitable because of flooding, poor drainage, and other features which may endanger health, life, or property, aggravate erosion, increase the flood hazard; or increase the burden imposed on the community, its governmental units, and its citizens; 2. Subject to flooding because of its proximity to the stream or watercourse; or because of low elevation. In applying this provision, the Floodplain Board, with technical support and recommendations from the Town Engineer, shall consider: a. Land subject to flooding by the base flood shall not be platted for residential occupancy, or building sites, or for any other uses that may increase the flood hazard or endanger health, Draft Floodplain Ordinance June 2005 DRAFT 1 7-26 • life, or property, unless each lot contains a building site that meets requirements set forth below, in Sec. 17-504G and H, and within other pertinent sections of this ordinance; b. Fill shall not be used to raise land within the regulatory floodway. In other areas subject to flooding by the base flood, fill may be used provided that the proposed fill does not restrict the flow of water and increase flood heights or velocities in the regulatory floodway, according to the same standards established for street fill described in Sec. 17-504F.2, and provided that compensatory flood storage is provided. E. Flood situation to be shown on plat. Plats submitted shall show the following: 1. Tentative development plans and preliminary development plans (plats) shall show the location, by survey, of watercourses, channels, irrigation laterals, private ditches, culverts, lakes, or other water features, including direction of flow, water level elevations, and the location and extent of areas subject to frequent inundation; 2. All preliminary subdivision proposals shall identify the area of special flood hazard, regulatory floodplain, the elevation of the base flood, pre- and post-development water surface elevations, and pre-and post-development floodplain limits. 3. All tentative, preliminary, and final subdivision plans will provide the elevation(s) of proposed structure(s) and pads. If the site is filled above the base flood elevation, the final lowest floor and pad elevation shall be certified by an Arizona Registered Professional Civil Engineer or an Arizona Registered Professional Land Surveyor and provided to the Floodplain Administrator and the Town Building Official. 4. Final and preliminary plats shall show the limits of the regulatory floodplain and the regulatory floodway; 5. Tentative and preliminary plats and plans shall show proposed improvements for areas subject to flooding and/or for areas which contain extremely poor drainage facilities such that the proposed improvements make the areas safe from flooding for the respective type of occupancy. F. Street Elevations 1. Refer to the Town's adopted Drainage Criteria Manual and Subdivision Street Standards for additional information and requirements. 2. Fill used for the streets in areas subject to flooding shall not increase flood heights more than 1 (one) foot where the owner of the land doing the development owns both sides of the floodway and not more than 0.1 foot where only one side is owned. In no case should the development increase the water surface elevation more than 0.1 foot on the property owned by others upstream and downstream. Fill in regulatory floodplains for streets shall require the same review and permitting process as any other project requesting fill in a regulated floodplain. The aforementioned water surface elevation increases apply to all watercourse channels in Oro Draft Floodplain Ordinance June 2005 DRAFT 1 7-2 • Valley except the Canada del Oro Wash where the elevation of the existing levee system and bank protection will allow for no water surface elevation increases due to encroachment. Additionally, when main channel flood-flow velocities are greater than 4.0 feet per second (fps), flood-flow velocities shall not increase by more than 1.0 fps or ten (10) percent, whichever is less, in the regulatory floodway. Any velocity increase greater than the aforementioned criteria must be reviewed and approved by the Town Engineer. 3. The developer shall provide pre- and post-developed water surface elevation for streets proposed for placement in or adjacent to areas subject to flooding. Headwater ponding limits and water surface elevations shall be shown upstream of all culvert crossings. G. Building Site: 1. Residential lots shall contain a building site, either natural or man-made, which is not subject to flooding by the base flood. 2. In areas subject to flooding by the base flood, where no fill is proposed,the building line shall be located no closer to the watercourse or channel than the edge of the area subject to flooding by the base flood. In areas where fill is used to raise the elevation of the building site, no fill shall be placed in the regulatory floodway, and the building line shall be located no less than twenty five(25) feet landward from the edge of the fill. H. Setback from Channels: Along reaches of all regulated watercourses, erosion hazard setback requirements from banks of washes shall be established in accordance with the Town's adopted Drainage Criteria Manual or standards accepted by the Town Engineer. I. Easements for Drainage: Whenever any watercourse is located in the area being subdivided, an easement or common area encompassing each side of the watercourse shall be provided for the purpose of protecting and or maintaining the watercourse for flood and drainage purposes, and such further width for construction of bank protection or for allowing for natural meander of the stream or watercourse that may be reasonably expected, or for all these as will be adequate for the purpose, as determined by the Town Engineer. J. Detention/Retention systems: See Town's adopted Drainage Criteria Manual for requirements pertaining to Detention/Retention systems by visiting the website townoforovalley.com or the administrative offices at 11000 N. La Canada Drive. Draft Floodplain Ordinance June 2005 DRAFT 17-28 • Sec. 17-505 STANDARDS FOR MANUFACTURED HOMES All manufactured homes that are placed within or substantially improved while located within a regulatory floodplain shall: A. Be elevated so that the lowest structural member or the lowest point of any attached appliances, whichever is lower, is at or above the regulatory flood elevation; and B. Be securely anchored to an adequately anchored foundation system to resist flotation, collapse, or lateral movement by one of the methods listed below. This anchoring requirement is in addition to applicable state and local anchoring requirements for resisting wind forces. 1. By providing an anchoring system designed to withstand horizontal forces of 25 pounds per square foot and uplift forces of 15 pounds per square foot; or 2. By providing over-the-top and frame ties to ground anchors. Specifically: a. Over-the-top ties shall be provided at each of the four corners of the manufactured home, with two (2) additional ties per side at intermediate locations - except that manufactured homes less than 50 feet in length shall require only one (1) additional tie per side; and b. Frame ties be provided at each corner of the home with, five (5) additional ties per side at intermediate points - except that manufactured homes less than 50 feet in length shall require only four(4) additional ties per side; and c. All components of the anchoring system are capable of carrying a force of 4,800 pounds which is similar to Pima County Requirements. Sec. 17-506 STANDARDS FOR RECREATIONAL VEHICLES All recreational vehicles placed within a regulatory floodplain area will either: A. Be on site for fewer than 180 consecutive days, and be fully licensed and ready for highway use, to the extent that they are not prohibited by any other ordinance. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions, or B. Meet the permit requirements of Article 17-4 of this ordinance, and the elevation and anchoring requirements for manufactured homes in Sec. 17-505. Sec. 17-507 FLOODWAYS Located within regulatory floodplain areas, established in Sec. 17-302, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters that carry debris, potential projectiles, and increase erosion potential,the following provisions apply: Draft Floodplain Ordinance June 2005 DRAFT 17-29-29 A. Encroachments, including fill, new construction, substantial improvements, and other development are generally prohibited in floodways. The Floodplain Administrator will consider encroachments where certification by a an Arizona Registered Professional Civil Engineer is provided demonstrating that encroachments will result in no increase in flood levels during the occurrence of the base flood discharge, and that the encroachment will not pose a threat to life or property. B. Floodway Requirements: 1. USES PERMITTED: The following open space uses shall be permitted within a floodway to the extent that they are not prohibited by any other ordinance or state or federal permit requirements, nor conflict with uses permitted in adjoining zones, and provided they do not require structures, fill, or storage of materials or equipment: a. Agricultural uses, including general farming, pasture, grazing or outdoor plant nurseries, horticulture, viticulture, truck farming, sod farming, wild crop harvesting, and restoration of native vegetation; b. Private and public recreational uses; c. Accessory residential uses, including lawns, gardens, and play areas. C. LIMITATIONS: 1. No use shall be allowed within a floodway which: a. Acting alone or in combination with existing or future uses creates a danger or hazard to life or property. b. Increases the water surface elevation of the base flood; c. Adversely affects groundwater recharge. 2. No waste disposal systems or septic drain fields shall be installed wholly or partly in a floodway. D. If Sec. 17-509 is satisfied, all new construction and substantial improvements shall comply with all other applicable flood hazard reduction provisions in Article 17.5. Sec. 17-508 FLOODWAY FRINGE AREA REQUIREMENTS A. Floodway fringe areas shall be subject to the following regulations: 1. The following uses shall be permitted within a floodway fringe area to the extent that they are not prohibited by any other ordinance but only upon issuance of a Floodplain Use Permit: a. Any use permitted in Sec. 17-507. Draft Floodplain Ordinance June 2005 DRAFT 17-30 • b. Any other use not involving structures, provided it is elevated above the regulatory base flood elevation and a determination is made by the Town Engineer that the use will not increase the base flood elevation more than one (1) foot where the owner of the land doing the development owns both sides of the floodway, and not more than 0.1 foot where only one side is owned. In no case should the development increase the water surface elevation more than 0.1 foot on the property owned by others upstream and downstream, nor unduly restrict the capacity of the channels or floodway of tributaries to the main stream or watercourse, p ty drainage ditches, or other drainage facilities or systems. The aforementioned water surface evaluation increases apply to all watercourse channels in Oro Valley except the Canada del Oro Wash where the elevation of the existing levee system and bank protection will allow for no water surface elevation increases due to encroachment. Additionally, when main channel flood-flow velocities are greater than 4.0 feet per second (fps), a land use/development activity shall not increase flood-flow velocities immediately downstream of the activity by more than 1 fps or ten (10) percent, whichever is less, in the regulatory floodway. Any velocity increase greater than the aforementioned criteria must be reviewed and approved by the Town Engineer. c. Structures, including dwellings, may be erected or moved provided the first floor or basement floor is placed at or above the regulatory flood elevation. Land may be filled, provided that the top of such fill shall be at or above the regulatory flood elevation for the particular area, and shall extend at such elevations at least twenty-five (25) feet beyond the limits of any structure erected or placed thereon. The placement of structures and any accompanying fill shall not affect base flood elevation beyond the limits set in Sec. 17 — 508.A.1.b. above. B. The following minimum requirements apply in all zones designated on the.FIRM,the FHBM, and the floodplain of those watercourses with a base flood flow rate of> 50 cfs: 1. All new construction (including pre-fabricated structures and mobile homes) and substantial improvements shall be anchored to prevent floatation and lateral movement, and be constructed with flood resistant materials and methods. 2. All proposed plats and proposals for other developments, including their utilities, streets, and drainage structures, shall be located and designed to be consistent with the need to minimize flood damage. 3. All tentative, preliminary and final plat proposals, and other proposed new developments shall include base flood elevation data. 4. The Town must be furnished, for permanent record, all elevations and flood-proofing levels for all new or substantially improved structures,whether such structures contain a basement. 5. If in a riverine situation, all adjacent communities and the State Coordinating Office must be notified prior to any alteration or relocation of the watercourse, and copies of such notifications Draft Floodplain Ordinance June 2005 DRAFT 17-31 must be sent to the FIA. Within the proposed altered or relocated portion of any watercourse,the flood carrying capacity shall be maintained. 6. Within one hundred twenty (120) days after completion of construction of any flood control protective works which changes the rate of flow during the flood, or changes the configuration of the floodplain, the person or agency responsible for installation of the protective works shall provide to the governing bodies of all jurisdictions affected by the protective works a new delineation of all floodplains affected. The new floodplain delineation shall be done according to the criteria adopted by the state of Arizona Director of Water Resources. C. LIMITATIONS: 1. No use shall be allowed within a floodway fringe which: a. Acting alone or in combination with existing or future uses creates danger or hazard to life or property. b. Increases the water surface elevation for the base flood; c. Adversely affects groundwater recharge. 2. No waste disposal systems or septic drain fields shall be installed wholly or partly in a floodway fringe. Sec. 17-509 FLOOD RELATED EROSION-PRONE AREA The protection of Town residents and their property from injury and damage that can occur as a result of streambank lateral migration due to erosion and scour is of primary importance in the administration of this ordinance and the following criteria apply: A. The Floodplain Administrator shall require Floodplain Use Permits for proposed construction and other development within all flood related erosion-prone areas, as determined by lateral migration analysis described in the Town's Drainage Criteria Manual or in other predetermined, documented evidence. Areas generally most susceptible to lateral erosion and scour include, but are not limited to, locations of historical stream/wash meandering, locations where poorly defined or poorly consolidated banks occur, wash reaches characterized by changes in the direction, velocity, or amount of streamflow, and locations in the proximity of stabilizing features or structures such as rock outcrops or bridges. B. Permit applications shall be reviewed to determine whether the proposed site alterations and improvements will be reasonably safe from flood-related erosion, and will not cause flood-related erosion hazards or otherwise aggravate the existing hazard. C. If a proposed development or structure including associated permanent features such as a patio wall or swimming pool or any other feature that is attached to the structure is found to be in the path of Draft Floodplain Ordinance June 2005 DRAFT 17-32 st flood-related erosion, or would increase the erosion hazard, such improvements shall be relocated or adequate protective measures shall be taken to avoid aggravating the existing erosion hazard. D. Adjacent to all washes with a base flood flow rate > 50 cfs, a setback from the wash is required for all new development to create a safety buffer. The setback shall be determined using the method outlined in the Town of Oro Valley Drainage Criteria Manual. The buffer may be used for suitable open space purposes, such as for outdoor recreation and wildlife habitat areas, and for other activities using temporary and portable structures only. The erosion setback shall be calculated streamward from the outer most permanent/fixed feature on the property and this structure or feature constructed in such a manner that it will be protected should lateral channel migration occur to its base. Article 17-6 APPEAL AND VARIANCE PROCEDURES Sec. 17-601 NATURE OF VARIANCES The variance criteria set forth in this section of the ordinance are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this ordinance would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners. It is the duty of the Town of Oro Valley to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below the base flood elevation are so serious (as much as $25 for $100 of insurance coverage) that variances from the base flood elevation shall not be granted. Variances from other requirements in the Floodplain Management Ordinance are quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this ordinance are detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate. Additionally, A.R.S. 48-3609 (J) states that the land for which the variance is granted shall be ineligible for exchange of State land pursuant to the flood relocation and land exchange program provided for by title 26, chapter 2, article 2. A copy of the notice shall be recorded in the office of the Pima County recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. The floodplain administrator shall maintain a record of all variance actions, including justification for their issuance, and report such variances in a biennial report to FEMA and ADWR. Sec. 17-602 FLOODPLAIN BOARD A. The Floodplain Board of Oro Valley shall hear and decide requests for variances from the requirements of this ordinance to FEMA regulated floodplains, as well as hear appeals to decisions Draft Floodplain Ordinance June 2005 DRAFT 17-33 from previous determinations or actions on non-FEMA regulated floodplains by the Floodplain Administrator or the Town Engineer. B. The Floodplain Board shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance with regard to FEMA regulated floodplains and floodplains identified on the Town's Flood Hazard Boundary Maps. Sec. 17-603 APPEALS AND REQUEST FOR VARIANCE CONSIDERATIONS A. In passing upon appeals and requests for variance, the Floodplain Board shall consider all technical evaluations, all relevant factors, and all standards specified in other sections of this ordinance, and also consider: 1. The danger that materials may be swept onto other lands to the injury of others; 2. The danger of life and property due to flooding or erosion damage; 3. The susceptibility of the proposed facility and its contents to flood damage, and the effect of such damage on the individual owner; 4. The importance of the services provided by the proposed facility to the community; 5. The necessity to the facility of a waterfront location,where applicable; 6. The availability of alternative locations for the proposed use that are not subject to flooding or erosion damage; 7. The compatibility of the proposed use with existing and anticipated development; 8. The relationship of the proposed use to the comprehensive plan and Floodplain Management Program for the area encompassing the proposed use; 9. The safety of access to the property in time of flood for ordinary and emergency vehicles; 10. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; and, 11. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, water system, and streets and bridges. B. Upon consideration of the factors of Sec. 17-603A and the purposes of this ordinance,the Floodplain Board may attach such conditions to the granting of appeals and variances as it deems necessary to further the purposes of this ordinance. Draft Floodplain Ordinance June 2005 DRAFT 1 7-3 4 C. The Floodplain Administrator shall maintain a record of all variance actions, including justification for their issuance; and shall report any such variances that are issued in FEMA regulated floodplains in its biennial report,which is also, submitted to the Federal Emergency Management Agency. Sec. 17-604 CONDITIONS FOR VARIANCES A. Variances shall only be issued upon: 1. A showing of good and sufficient cause; 2. A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; 3. A determination that failure to grant the variance would result in exceptional hardship to the applicant; 4. A showing that the use cannot perform its intended purpose unless it is located or carried out in close proximity to the wash. This includes only facilities defined in Article 17.2 of this ordinance in the definition of functionally dependent use (which is unlikely due to the Town of Oro Valley's arid climate); and 5. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. B. Variances shall not be issued within any designated regulatory floodway if any increase in regulatory floodway elevation would result during the base flood discharge. C. Variances may be issued for the repair, rehabilitation, or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic Places upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure, and that the variance is the minimum necessary in order to preserve the historic character and design of the structure. D. The Floodplain Administrator, at his/her discretion, may grant a variance for non-FEMA regulated flood hazard areas. Article 17-7 ORDINANCE AMENDMENTS A. The Floodplain Board may from time to time, after a public hearing required by law(ARS 38-431.01, and other Open Meeting Laws), amend, supplement, or change the regulations set forth herein or subsequently established. Any amendment, supplement, or change may be initiated by the Floodplain Board or by petition of affected persons hereafter provided. Draft Floodplain Ordinance June 2005 DRAFT 17-35 B. The procedures established by this Article are to provide for appropriate and timely ordinance amendments,with due consideration of the purpose of this ordinance. Article 17-8 FEES Fees for floodplain use permits will be charged based on the fee schedule approved by the Town Council. Draft Floodplain Ordinance June 2005 DRAFT 1 7-3 6 �.d TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: June 1;F2005 TO: HONORABLE MAYOR & COUNCIL FROM: Craig Civalier, Acting Town Engineer SUBJECT: Resolution (R) 05- 25 Awarding the contract for Professional Engineering Services for the design of Phase I Master Plan for the Oro Valley Municipal Operations Center. SUMMARY: This project involves the Professional Design Services for the Phase I Master Plan for the proposed Oro Valley Municipal Operations Center. The scope of work is stated in the attached proposed fee and scope of services submitted by Bernard Deutsch Associates, Inc. of Phoenix, Arizona. Included in the scope of work are 2 public open houses and associated presentations to Mayor and Council. It is anticipated that this Phase I Master Plan process will be completed in 13 '/2 weeks after Notice to Proceed. Bernard Deutsch Associates, Inc. is recommended due to their extensive experience in the planning and development of Municipal complexes and buildings in the Phoenix metro area. This firm has completed municipal planning and design projects for the City of Mesa; City of Surprise; City of Chandler and the City of Phoenix. More information concerning Bernard Deutsch Associates, Inc. is attached to this communication. This firm specializes in green (energy conservation, recycling and environmental sensitivity) building planning and design. Representatives of this firm were interviewed by the Town Engineer, Community Director and the Acting Water Utility Director. FISCAL IMPACT: The fee for the design services is not to exceed $43,850.00 with an allowance for reimbursables in the amount of$5,250.00 for a total contract cost of$49,100.00. Funding for this project will come from the Town's General Fund, General Administration. Reimbursements to this fund will be made from the Highway and Water Utility Funds when their appropriate share has been determined. ATTACHMENTS: 1. Resolution (R) 05 - 25 2. Town of Oro Valley Standard Contract for Professional Engineering Services 3. Fee Proposal, Scope of Services from Bernard Deutsch Associates, Inc. dated April 19, 2005 4. Letter from Bernard Deutsch Associates, Inc. dated April,15, 2005 TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 RECOMMENDATIONS: The Town Engineer recommends the awarding of this contract to Bernard Deutsch Associates, Inc.. through the adoption of the attached resolution. SUGGESTED MOTION: The Town Council may wish to consider one of the following motions: I move to approve Resolution (R) 05- 25 authorizing the Mayor to accept the proposal and award a contract for Professional Engineering Services for the Phase I Master Plan for the Oro Valley Municipal Service Center. Or I move to deny Resolution (R) 05- 25 . Or move to • , a r f 15 r3 } Crai C)ivalie , Acting own Engineer w1/4. Lc' Chuck Sweet, Town Manager RESOLUTION NO. (R)05- 25 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AWARD OF e)c CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES TO BERNARD DEUTSCH ASSOCIATES, INC. FOR THE ORO VALLEY MUNICIPAL SERVICES CENTER. WHEREAS, the development of a Master Plan for the Oro Valley Municipal Service Center is necessary for the orderly development of the land acquired by the Town for such a facility; and WHEREAS, the Town Council deems it necessary, in the interest of providingfor the planned development of public facilities, to authorize the Y Ma or to contract with the Bernard Deutsch Associates, Inc. for Professional Engineering Services for the Phase I Master Plan for the Oro Valley Municipal Services Center; and THEREFORE, BE IT RESOLVED, BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: The Mayor is authorized to contract with Bernard Deutsch Associates, Inc. for Professional Engineering Services for the Phase I Master Plan for the Oro Valley Municipal Service Center. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 1st day of June , 2005. TOWN OF ORO VALLEY, ARIZONA 4/2/0..s' Paul H. Loomis, Mayor Date ATTEST: APPROVED AS TO FORM:�f $. ,� Kathryn E. Cuvelier, Town Clerk Date Me nda Garra► .n, Town Attorney ate ..j= 1 rrr. "��.`yp�-.f ter.} r•'p.- �� tir ,...) ,, ,,?..-.. . \,,,• ..:,/ ,.:I 1 f ' ''-\r r s ~may,'_ , \ , f:s "' .;", ..' k:., y . .4.,,, ' , ' ,., ,, ,ia,-.. ..t.,\'' -- .:--,--------' ' '— Pit 4e,----, _......, ,..-„ ,.....--„, „-„,,,, , \ • . --------..„....-7,--72:--7/,,,-- - ,,,,. ,,-,, '". /---;---:.-:------ os--. V.> TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS ENGINEERING DEPARTMENT 11,000 N La Canada Drive ORO VALLEY, AZ 85737 (520) 229-4872 CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES PROJECT TITLE: ORO VALLEY MUNICIPAL OPERATIONS CENTER PROJECT NO.: OV- 30 04/05 22 This contract is made and entered into by and between the Town of Oro Valley, a municipal Corporation(the"Town") and Bernard Deutsch Associates, 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 This project: See Exhibit A attached. SECTION II—SCOPE OF SERVICES See attached scope of work from Bernard Deutsch Associates, Inc. dated April 19, 2005. 1 U:Contract Agreement Eng Contract Prof Services Deutsch-OV Mwr Op Center.diic SECTION III—PAYMENT SCHEDULE 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 not to exceed Forty-nine thousand, One hundred dollars and no cents ($49,100.00). 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. 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 120 calendar days after Notice to Proceed is issued by the Town. In the event delays are y experienced beyond the control of the Engineering Consultant, the completion date may be extended by mutual p written agreement between the Town and the Engineering Consultant. SECTION V—APPROVALS All work shall be subject to approval by the Town Engineer 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 Town Engineer, 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 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 2 U:Contract Agreoncul Eng Cllntr,Pref Service,Deutsch-OV Muu Or Center.eoc the Town provided,except 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 be compensated for by a fee as mutually agreed upon by the Town and Contractor. The aggregate total of any Change p 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 a contractor 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 Contractor, it binds the contractor to complete the work by the extended date designated in the Contract Change Order. The Town can then file suit against the contractor if the work is not completed by the agreed upon date. If there is more than one extension 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 g g 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$ `:r:: as liquidated damages for each day the work remains incomplete after the scheduled completion date. This amount is agreed upon because of the impracticability and extreme difficulty of ascertaining the actual damages the Town would sustain. The scheduled completion date for terminating liability for liquidated damages shall be 120 consecutive days from the effective date of Town's Notice to Proceed to 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. SECTION XII ARBITRATION OF DISPUTES 3 U:`Contract Agreement'.Eug Contract Prof Service,Deutsch-OV Muir Oh Center doe Any disputearising 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 gr the Engineering Consultant and a representative mutually acceptable to the Town and the Engineering Consultant. The g g 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. 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 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. 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 U:Contract Agreement Eng Contract Prof Services Deutsch-OV Mutt Op Center doe IN WITNESS WHEREOF, the parties have hereunto subscribed their names this day of , 2005, TOWN OF ORO VALLEY: ENGINEERING CONSULTANT: n- _r By: Mayor Paul Loomis Bernie Deutsch,President Bernard Deutsch Associates,Inc. Date: ./4,..,,,-/-- -, Date: By: ATTEST: (If Corporation) Acting Town Engineer, Craig Civalier Date: Secretary ATTEST: i ,t 4. ��{�'y - WITNESS (If individual or Partnership) Town Clerk Kathryn Cuvelier APPROVED AS TO FORM By: Date: Town Attorney Melinda Garrahan Date: State of Arizona ) ) ss. County of ) SUBSCRIBED AND SWORN before me this day of , 20 by , who is known to me or has satisfactorily been identified as the President, and by J who is known to me or has satisfactorily been identified as the Secretary, both as duly authorized agents to sign on behalf of to bind and obligate the Engineering Consultant. Notary My Commission Expires: 5 U:Contract Agreement Eng Contract Prof Services Deut:c:h-OV Muir Op Center doe 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 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. 6 U:Contract Agreonout Eng Contrail ProfS&rvic,Deut,ch-OV Mwi Op Center.rloc CONSULTING FIRM: PROFESSIONALS REGISTERED IN THE STATE OF ARIZONA(IN-HOUSE) In the space provided below, list name, major field of expertise, and professional registration number for all in- house Architects, Landscape Architects, Engineers, and Land Surveyors registered in the State of Arizona on your staff as of 5/04. Enter total number of Arizona Registrants listed below: . (For additional space use reverse side.) NAME FIELD REGIS. NO. 7 U:Contract Agreement Eng Contract Prof Service,Deutsch-OV Mwt OP Center doe EXHIBIT A April 19, 2005 r: :rY^ Y., Town of Oro Valley Deutsch 0/0 William A. Jansen, PE, Public Works Director Associates 11000 N La Canada Drive Oro Valley, Arizona 85737 4600 E.Indian School Ro Phoenix,Arizona 85018 602/840-2929 602/840-6646 Fax RE: FEE PROPOSAL Programming & Conceptual Design for future Town Operations Center Dear Mr. Jansen: We understand the Town of Oro Valley was incorporated in 1974 and is 35 miles2 currently with a population of 40,000 with an expected growth through annexation to 50 miles2 with concurrent population growth anticipated to be 70,000-80,000. We also understand the Town of Oro Valley to be a very upscale bedroom community who has experienced recent growth in the industrial, high technology, biomedical/technology industry. A new hospital has also been built with surrounding medical office growth expected. We understand the community to be very involved and intrigued by new public facilities and are anticipated to have a strong participation in the process. We appreciated the opportunity to present our qualifications for your programming and preliminary concept designing needs during our meeting on April 12th. We are delighted to present this Fee Proposal for your consideration. We understand deliverables to be a pre-design package to include: estimated cost of design services, estimated square footage needs in phases and 10-year increments to extend out to 20 years, estimated construction costs associated with each phase, estimated schedule of both design and the schedule comparison of construction for both design/bid/build and alternative delivery contractual methods, preliminary site plan and building massing study, recommended materials consistent with the Town's Design Guidelines, design guidelines specific to this project, with continuous public involvement. Lastly Deutsch Associates will provide recommendations to the Town of Oro Valley for next steps, possible problems to avoid, etc. (programming document). I look forward to an opportunity to discuss this project with you further at your convenience. Respectfully, ;_ • it- i t-/10. f Bernie Deut ch, ARB Tammy Carr President Business Development Director p. 602-840-2929 p. 602-840-2929 c. 602-615-2681 c. 602-390-0458 Attachments: Proposed Fee and Scope of Professional Design Services PROPOSED FEE & SCOPE OF SERVICES PROJECT UNDERSTANDING & APPROACH Programming of these Facilities is anticipated for the first and second quarters of the Town's FY2006 Progr g ' with construction to begin FY07. The importance of this project has been elevated by the Mayor and the Town Council of Oro Valley. Our understanding of Phase I of this project is to interview staff members to determine the needs for space, services, and adjacencies of the Building Operations group consisting of the following Departments: a. Public Works Department b. Water Services Administration & Inspections c. Engineering d. Police Department-vehicle maintenance, impound & storage e. Streets & Transit Department Deutsch Associates understands that the Town of Oro Valley lives by and sets a higher standard of quality image.ima e. We also understand there is a great deal of public involvement and participation anticipated for this project. We understand we will be responsible for supporting the Town of Oro Valley Representatives in presentations to the public, as well Mayor and Town Council. Deutsch Associates will provide conference notes for each meeting and milestones. Additionalmay services be requested of Deutsch Associates (DA)to perform similar services for other Y departments, but those services are not part of this proposal. We understand those departments to fall under a separate phase of this project. PROGRAMMING Theur ose of the programming is to produce preliminary written and graphic documentation that P p accurately describes the needs and fulfills the expectations of the Town of Oro Valley in developing its new facilities. This document will provide conceptual elevation(s) to supply the Town of Oro Valley with adequate guidance in budgeting appropriate design fees and construction budget as well as timeline for the project. DA will provide materials for inclusion in a competitive selection for the design and contractor selection process. The programming document(s) will list requirements for the new facilities, including: • Room and building spaces needs • Vehicular and pedestrian access • Master site concept bubble layout • Site Amenities concept • Future expansion considerations • Employee amenities • Estimated Square Footage needs with projections for the next 10 years and 20 years • Estimated Design Services Fee • Estimated Construction budgets with projections for future phases • Estimated design and construction schedule • Project Specific Design Guidelines that fit into Town Guidelines with consideration for GREEN building principles and materials Page 2 of 6 Fee Proposal Master Planning Town of Oro Valley Town Operations Center DA#P5180 EXHIBIT A STEP BY STEP PROGRAMMING PROCESS 1. Initial Kick-Off Phase (Minimum 2 business days prior to start) a. Town to provide DA with Oro Valley's current development information for review prr to remaining steps. This will allow DA to get up to date information. b. Town shall provide DA with staff identity list to attend each meeting, their hot issues and sign off on the milestone schedule anticipated by DA for successful completion of the project. 2. 2nd Meeting — Key Stakeholders of each department listed under "Understanding"- identify critical issues, definition of success and buy in to direct others, critical and timely participation. Hand out of programming survey for themselves and their key staff to fill out. 3. 3rd Meeting — With all staff of involved departments listed under "Understanding", at their Supervisor's discretion, meet for the purpose of blue skying the proposed facility as it relates to their needs, to gather each staff member's wishes and desires for the new facilities as if the sky were the limit. a. Individual detail meeting per departments listed under"Understanding" is included. 4. 4th Meeting — Open House/Council Presentation a. Following DA preparation, present findings in semi-formal format prior to final documentation available for all to review. 5. 5th Meeting — Informal Presentation to Key Stakeholders a. Following DA preparation, present findings in semi-final format prior to final documentation available for all to review. b. Joint meeting to review data as we heard it and provide our understanding, to clearly identify the current needs and reasonable budget and what may qualify as future phases. Identify opportunities for future expansion if the City desires expansion. 6. 6th Meeting -- Open House a. Following DA preparation, present findings in semi-final format prior to final documentation available for all to review. 7. Final presentation of material to the Town Council. CONCEPTUAL MASTER DESIGN PLAN Conceptual master design options (three) defining the footprint and among the building(s) will be provided. These client options will be presented for decisions. Then the selected option will be graphically presented by our design team to create cost-effective solutions based on the programming sessions that are responsive to the approved identified needs. Scale relationships will be accurately depicted with estimated square footage needs. A conceptual building materials and colors selection will be included as both a guide to estimating construction costs and to define the conceptual design of the complex. Color renderings or computer generated 3-D drawings will be provided as a reimbursable expense. FINAL PRESENTATION This presentation will be made by Deutsch Associates along with designated Town Staff to the Mayor and Town Council of Oro Valley. The product of this phase will include: • Approved Programming Documents • Bubble Master Site Plan • Planning Schedule • Construction/Design Services Cost Estimates • Recommendations for moving forward on a phased basis • Conceptual Elevation(s)— not more than three o Computer-generated colored perspective drawings are available at cost as an additional service. Page 3 of 6 Fee Proposal Master Planning Town of Oro Valley Town Operations Center rn 4#Dg1Qn EXHIBIT A ADDITIONAL SERVICES I7A The following are available as additional services upon written approval by the Town's authoriz representative for additional negotiated compensation. 1. Phasing and relocating other departments into the spaces vacated by the Departments included in this Project. 2. Evaluation of Existing Facilities for purpose of reuse. 3. Planning for any Departments not specifically identified in the heading "Understanding 4. Any professional design or consulting services not included in this Proposal. COMPENSATION Needs Assessment Study DA Lump Sum Fee Not-to-Exceed Total $43,850.00 Reimbursables Allowance $ 5,250.00 REIMBURSABLE EXPENSES The following will be billed as reimbursable expenses: • Plotting, printing costs • Renderings and/or computer generated illustrations • Delivery charges • Long distance telephone charges • Mileage directly from office to meetings • Hotel Accommodations, if necessary TERMS & CONDITIONS The standard terms and conditions of rendering professional design services as contained in the attachment shall guide the responsibilities and obligations of the Town and Deutsch Associates. ACCEPTANCE This proposal is hereby accepted and agreed to on this the day of , 2005 by all parties signing below. Upon acceptance of this Proposal, a Standard Form of Professional Services Agreement for Special Services, Document B-757 of the America Institute of Architects (AIA), shall be executed for this Project based on this Proposal. Proposed By: Accepted By: Bernard Deutsch Associates, Inc. Town of Oro Valley Company Name Client Name f ,---;: /76/ .ate y�.. . ff 4JY ,7 „.;,_gas„ao-�. •'�`" �+ ...„_..,. ,tea.,.=.. i -`F "�" ., �� lam /) ; ff � ��`'1✓'"" '` r �S Signature `� Signature -: Page 4 of 6 Fee Proposal Master Planning Town of Oro Valley Town Operations Center nn u nc4 nn EXHIBIT A Hourly Rates Architectural Design: DEUTSCH ASSOCIATES 4600 E. Indian School Road Phoenix, Arizona 85018 (602) 840-2929 Principal $150.00 Senior Project Director 135.00 Project Architect 115.00 Sr. Project Manager 115.00 Project Manager 98.00 Sr. CADD 88.00 CADD 73.00 Info Processing (Administrative) 50.00 Reimbursables Cost + 15% *** Page 5 of 6 Fee Proposal Master Planning Town of Oro Valley Town Operations Center no tP 1Rfl EXHIBIT A Oro Valley Municipal Operations Center TERMS AND CONDITIONS Deutsch Associates(DA)shall perform the services outlined in this agreement for the stated fee arrangement. The terms Client or Owner as used in this Proposal have the same meaning and represent to party having the relationship with DA to receive professional servi described in the Proposal's Scope, and the obligation to pay DA the agreed compensation for those services.. CLIENT(OWNER)PROVIDED SUPPORTING SERVICES The following are to be provided by The Client(Owner)or their consultants and contractors: • A single point of contact ■ Project program information • Clearly defined needs • Responses to queries and project reviews in a mutually acceptable time frame • Target deadlines ■ Budget range ■ Site ALTA and topographical survey ■ List of all equipment including requirements for owner furnished items. REIMBURSABLE EXPENSES The following is an itemization of reimbursable expenses that are considered to be outside the scope of this agreement. These expenses will be billed at each invoice as they occur. • PIotting, photographing and printing expenses, including, but not limited to, individual sheets partial or full sets of plans required for: The Client Contractor review Municipal agency or Finance submittals,reviews and approvals Consultant coordination Construction cost estimating and bidding Project construction Team record sets ■ Postage,handling,and delivery charges ■ Long distance telephone charges ■ Travel expenses,if applicable. These include: Mileage Hotel Airfare Rental car Meals ■ Government agency review fees Additional services of all consultants are charged at a multiple of 1.15 times the invoiced hourly rate. Reimbursable expenses ar charged at a multiple of 1.15 times the expenses incurred by the Architect,the Architect's employees, and consultants in the interest of the project. PAYMENT SCHEDULE A retainer indicated with the Compensation stipulated in the Proposal will be required to start the project. The retainer fees will be credited to the final invoice. Fees billed are due immediately and shall bear 1-1/2%per month interest on amounts not paid within 30 days. In the event that the current monthly bill is not paid within 30 days, DA may elect not to expend any additional time until a satisfactory agreement is reached. This may also include withholding submittals to agencies. Drawings will not be released for reproduction or submittal unless all fees have been paid to date. If The Client objects to any portion of an invoice,The Client shall so notify DA in writing within thirty(30) calendar days of receipt of the invoice. The Client shall identify the specific cause of the disagreement and shall pay when due that portion of the invoice not in dispute. Interest as stated above shall be paid by The Client on all disputed invoiced amounts resolved in DA's favor and unpaid for more than thirty(30)calendar days after date of submission. LIMITATION OF LIABILITY DA's liability to The Client for any cause, or combination of causes, is in the aggregate limited to an amount no greater than the fee earned under this EXHIBIT A C7 T a) r CD Nr:. T i v, Y r CD r CD T ' • L .,_ .. _x .. a) 0 r cu / 1 (NI a) a) a N co T a) ti a) V3 c li > CO O 0. a) N > 1 i 0 w in ' . i O a) N R C E . . . . ,-- 0 Y LG a) - , 1,- , . co a) N Y a) a) --, Y ® N _ f_ I i (1) ° d) 4 C C C C I N O O O 7 II I CC E a CO c ac) CDcC C.) C.) cn c con cn 0 ;n a) a) = E2 -a CU N �° E n - Z °D o p al o_ '� a.-io o V� Zr u) °c) Q- - o o co 0 C a) — co co o o < — .>' •� E E E '> v, a, C C Qco ) co 2 E 2 a) o o o �. > +. ne N 1.- 1j .0 O .i..-2 C U O >+ c C)co - C - O p) CO v .r cn C wCD 4- cn o cn Z Z cp N Z CL p0 co O 0N ' N C) a-, ' a) L , N = C .c_o.) co coo U 2 U 2 a) C o z Q 22 Th 04/06/2eI:'5 15:50 E 0 Z li(16E t1 fit DEUTSCH AS7•0 0 4T S AGE 02/ 1:1 April 5, 2005 Town of Oro Valley Bill Jansen, Public Works Director RE: ProgrammIn1Master Plan for future Public Works Administrative Complex Dear Bill: Thank you so much for the opportunity to present our qualifications for your programming and master planning needs. I understand you had another consultant provide the Town of Oro Valley with a space needs study about 4-5 years ago and would like to revisit that study to make sure It is still relevant, as well as revisit the construction dollar value to project ratio assumed from that study. In a manner to save you time I have outlined three of our most recent projects where there was extensive programming involved. All have been for public clients such as yourself,and two included very similar departments to those you have identified to be located in your new facilities. If you desire a further listing of our pt.ogramming and master planning experience I would be delighted to provide you with further details on such clients as: • The City of Goodyear City Hall Space Plan ■ Arizona State University-East Campus Development Plan • Arizona State University-Research Park Master Plan • City of Chandler(Campus Use Study& Plan, Master Plan, Downtown Revitalization, Space Needs and Programmed Expansion) • Casa Grande Downtown Revitalization Study - Town of Buckeye Downtown Revitalization Study • Thunderbird-American Graduate School of International Management Master Plan-Glendale, AZ • Missouri Southern State University(MSSU)Comprehensive Master Plan -Joplin, MO • City of Mesa Fleet Services Building - City of Surprise Public Services and City Hall Space Planning Needs • City of Goodyear Citywide Space Planning Needs Study We understand the Town of Oro Valley considers this project to be on a fast track and I can assure you we have a 23_y ear history of fast-track projects. To this end, I have Included programming start and finish dates on the highlighted projects to provide you with comfort in our timeliness. l have also highlighted the DA staff representatives who performed on these projects so you will see they are the same personnel we offer to you at this time. I understand deliverables to be a pre-design package to include: estimated cost of design services, estimated square footage needs to extend out to 20 years, estimated construction costs associated with the 20-year build out,estimated schedule of.both design and the schedule comparison of construction for both designibid/build and alternative delivery contractual methods, and lastly recommendations to the Town of Oro Valley for next steps, possible problems to avoid, etc. (programming document). I look forward to an opportunity to discuss this project with you further at your convenience. Respectful! , '1-:( /041/fi Bernie Deutsch /Tammy Carr t. President Business Development Director p. 602-840-2929 p. 602-840-2929 c. 602-615-2681 c. 602-390-0458 Attachments: Qualifications 1.14 Ll!_'/ ;1j F;1 t 1 :s:_I b L11:6 k 4 F, 1.1-LI I!:-;;_:1-1 I A1.A 13.3;I 1�f RECENT S/hMiLA/4 EXPERIENCE Union Hills Service Center Master Plan Deutsch Associates currently finished a Master Plan for the City of Phoenix of a 100-acre site located at Beardsley Avenue, Union Hills Drive, Seventh Street, and Second Avenue. This project included programming sessions with all key stakeholdersfdirectors of each department represented on site to include: ▪ Municipal Court • Finance Department • Metro Facilities Department o City Clark, * Personnel Department * Budget & Research Department ■ Neighborhood Services * Utility Inspections Department Planning Department ▪ Public Works * Fire Prevention Department Solid Waste Department R Water Customer Service * Design Services Department * Streets Maintenance Department •Transportation Department o IT Department tf Human Services Following initial programming meetings with director-level staff and achieving buy-ire Deutsch Associates then conducted segregated programming sessions with all departments which require connectivity and researched how each department works with one another and the public,as well as projected future growth. This particular site requires public access as its intention is to serve the community as a northern Phoenix mini City complex. Portions of the site would also require security from the public such as employee parking areas, especially for judges and court representatives,storage yards and fueling, and vehicle maintenance facilities. (Deutsch Associates toured the existing site to see how it currently functions,traffic patterns and immediate off-site problem areas such as ingress and egress, DA was to visit existing structures which consist of: Fueling Station, Maintenance Shop, Three Administrative Buildings, and a Police Building. We were then responsible to come up with construction estimates to renovate existing structures versus demolition, rebuilding, building new structures, review of space needs separated out into five phases in increments of five years to service the City until the year 2020. Significant challenges of the site included utilizing the current space to it's maximum capacity while also utilizingexisting 9 compliant,smoving extended duration oft • structures that were code a berm which thethe�property from eastto west and utilizing what was a floodplain for large equipment storage and additional tern porary parking while working around an existing 100 foot surveillance radar tower owned by FAA and associated easements. The new plan Is broken into five phases and addresses traffic circulation,fueling stations, vehicle wash areas with dirt/sand separators,administrative buildings, meeting and employee lounge spaces, court house, parking Issues, retention issues,security issues, and good neighbor issues with after-house noise control while providing a citizen service center. Deliverables included: Programming Document/Report broken into five phases, space needs per building/department, master bubble diagram(s),construction cost estimates for all five phases and recommendations on progression. References: Greg Montes, City of Phoenix, Public Works Department,802-495-5275 John Trujillo,City of Phoenix,Engineering Department, 602-534-6307 Start Date: First Programming Meeting September 29, 2004 Completion Date: December 2004 Design Fees: $75,016 DA Staff Involved: Robert Kangas, A;A, Project Director; Brooke Bogart, RA, LEED, Project Architect; Lira Luis, RA, Project Manager; Bernie Deutsch,AlA, NCARB and Tammy Carr, Client Liaisons Town of Uro Valley Promising for suture Public Works Oomplgy, Page of 7 rib ,fit, 15:1: i8 ii,E12134 rl6 DEU!SCH H sI.. :i4i Ci_° 1.1,4 CITY OF PEORIA- MASTER SPACE PLAN STUDY DA developed a five-year Master Space Plan for the City. The work involved cataloging all of the City's existing facilities onto AutoCAD formatted drawings, then determining headcount projections, recommend office space standards, and determine site identification and size for all new municipal buildings, These services included all City departmenis, as well as the library. Options will include retrofits to accommodate the City's existing short-term crowding problems. DA developed this comprehensive Five-year Master Planning Repot for the City of Peoria. An extensive amount of data was collected, analyzed, and cataloged into AutoCAD for 26 existing buildings with a total of 350,000 SF of space. Over 80 managers and directors were interviewed and hundreds of employees participated in group discussions and surveys especially designed for this study, City population and personnel levels were forecasted, City growth trends were mapped, and several planning scenarios were developed,tested and refined. Recommendations and the time line were then made for new municipal sites, buildings, additions, remodeling and reconfiguration projects totaling 90,000 SF of space, with a calculated cost of over $11.+'million. The report also established new office space standards and provided the basis for future CAFM(Computer Aided Facilities Management). Reference: Walt Begley, City of Peoria, Superintendent,623-773-7138 Start Date: First Programming Meeting October 21, 2002 Completion Date: June 2003 Design Fees: $56,750 DA Staff Involved: Ed Wirnmer,,SIA, Project Director; Marc Davis, Project Manager; Bernie Deutsch, AIA, NCARB, Client Liaison City of Tempe Kyrene Utility Services Administrative Building and Warehouse Deutsch Associates recently finished the programming phase for the City of Tempe on a 18-acre site located off Guadalupe and Ash. This project included programming sessions with all key stakeholders/directors of each department represented on site to include: • Utility Services • Mapping ' Warehouse • Engineering ■Water Services • Maintenance ■ Computerized Maintenance Management SeNices Following initial programming meetings with director-level staff and achieving buy-in Deutsch Associates then conducted segregated programming sessions with all departments which require connectivity and researched how each department works with one another end the public, as well as projected future growth. This project Is to provide updated and modernized replacement of existing facilities andF'rovide a site design integrating the Kyrene'Water Reclamation Facility design into the design of the Utiliti s Services Facilities.This project also includes an overall Site Master Plan of 13 acres and Space Needs Assessment to determine the final design components included in the project, such as, building sizes, use and space requirements, number of parking spaces, etc. The project is expected to have approximately 10,000 SF of two-story administrative space, a 10,000 SF warehouse facility and for water system parts storage with distribution elements, approximately 3,200 SF of maintenance and storage facility, and 12,000 SF of paved, fenced and gated storage yard, parking, site paving, grading, drairage, lighting, landscaping, and security. DA will design this project to allow the City of Tempe to receive Silver LEED Certification, Challenges In the programming and design of this project are! security issues with partial public access to site and egress/Ingress issues with Guadalupe Road. References: Mark Weber, PE, City of Tempe, Engineering, 450-350-8526 Torn Ankeny, FE, City of Tempe,Water Utilities Department, 480-350-2648 Start Date: First Programming Meeting November 18, 2004 Completion Dale: Programming Completed January 2005; Design Currently 60% Complete Design Fees: Programming and Full NE LEED design $425,300 DA Staff Involved: Ed Wimmer,AiA, Project Director; Brooke Bogart, PA LEED, Project Architect; David Calcaterre, Project Manager; Tammy Carr, Client Liaison Town of Oro 1/alloy Programming for futura Public Works Complex Page u of 7 i 06/90135 135i 15;5E: H26406E4 E t Ei l T SCH SSOf: AT r�' 1:15/- r: T'1•- '1F"1 1��..f 1`f"'1�:7� BRIEF RESUMES OF KEY STAFF Edward WUlrnmer, Ale-- Project Director Ed has 34 years of experience in deliverin i quality projects for both the public and private<cclor, 12 years as a member of the Deutsch Associates (DA)team, He is known for his attention to details, budgets, and schedules while providing aesthetic and functional architectural solutions that surpass client expectations. He is a firm believer in building long -lastin and open relationships ii g ,� 9 p with his clients. Ed is listed among architects supporting sustainable architecture principles and conservation of nature, Ed is acutely aware of the necessity to design appropriately for the future, as well as the immediate needs of each client. EDUCATION Bachelor of Architecture- Kansas State University REGISTRATION AZ#24114, CO, KS, MO Relevant Experience includes! City of Mesa Fleet Services Building Project Director(Architect for this project which included providing building analysis, cost estimate, code study, programming and preliminary schematic drawings. ASU East Campus Development Plan--Mesa, AZ Project Architect for this project which included Integrating an adjacent partially abandon military ease for a combined area of approximately 800 acres. The components;project is divided in three main j the first is a number of interactive programming sessions with students and staff to further identify project goals and objectives. The second is an assimilation of those goals into a phased dynamic master plan and design guidelines for capitol improvements, The final phase Is to set inlace a structure by which P thedeveloped master plan becomes a dynamic document,which grows and changes with the campus over time. City of Peoria,Municipal Operation Center M.O.C.—Peoria, AZ Project Director/Architect for this is a site study/master plan in 1999 for the Municipal Operation y Center for the City of Peoria. This facility includes administration, fleet maintenance, a.fuel island, storage yards, multi-department office/warehouse facility, and sanitation administration. We conducted extensive programming sessions with the internal user groups that provide services to the community. Based on the interview sessions and program survey documents we have prepared a report outlining our findings and produced the outline summary of results and recommendations. Supporting this report is a phased site plan showing the physical changes to the campus broken down into four phases of work beginning in 2005. g g City of Tempe Kyrene water Utility Services Administrative Building and Warehouse Ed is serving es Project Director for this project. Please see full project description above in highlighted experience, Further project listing available. Town of Oro Propranniing tor future Public Works Complex. Pne4of; 1c. � � ,''� �` C�a flS�2�=o5 15:50 E.I I2e406E`E. DEI i i SC:H ASSOCIATES TE' F �: F re��_, i�1_I�l � Brooke Bogart, RA, LEED—Project ArchitectIProject, Manager Brooke has been part of the DA torn for 7 years. An accomplished graduate of Arizona State University's School of Architecture, Brooke Bogart was the third LEED Accredited architect inthe �' } .Mate of Arizona. The cornerstone of Brooke's architectural career is her passion for sustainable design which takes form in each of Brooke's projects.With the recent completion of Fire Station 50 in Phoenix, the first LEED �v2)Accredited project in Arizona and onlythe second fire station in the Nation to receive LEED accreditation, Brooke is emerging as one of the Valley's leaders in Sustainable, responsible design. She uses her strong •design background and creativity in both the ri.a t_ sector projects, ;' public andp 'rC.t� Her outstanding communication skills, project management ability, and commitment to the client make her an excellent team member. EDUCATION Bachelor of Science-Design, Major-Architecture—Arizona Mate University Environmental and Energy Analysis-ASU (Currently pursuin9 Degree) De ree ) SPEAKING ENGAGEMENTS LEED seminar presented by the ACE program April 27, 2004 ACE's renewable energy Task Force July 14, 2004 Southwest Sustainabllity Expo in Flagstaff August 7, 2004 US Green Building Expo, Phoanix October 1, 2004 AWARDS Valley Forward Crescorctla for Best Public Project under$5M for Fire Station No. 50 American Council of Engineering Companies of Arizona Grand Honor for Fire Station No. 50 Southwest Contractor's Best Public Project for 2004 for Fire Station No. SO National Association of Builder's Award for Best Project of 2004 for Fire Station No. 50 US Green Building Council's Project Award of 2004 for Fire Station Ho. 50 REGIS TIONS Arizona(#35016) LEED Accredited(Leadership in Energy and Environmental Drign) Consirwtion Documents Technologist(CDT) Relevant Experience includes: . City of Phoenix Union Hills Master Plan --Phoenix, AZ Brooke served as Project Architect-see full description above in highlighted experience. City of Tempe Kyrene Water Utility Services Administrative Building and Warehouse—Tempe, AZ Brooke is serving as LEED Project Architect—see full description above in highlighted experience, ASU East Campus Development Plan—Mesa,AZ One of three Project Managers for this project which included integrating an adjacent partially abandon military base for a combined area of approximately 800 acres. The project is divided in three main components; the first is a number of interactive programming sessions with students and staff to further identify project goals and objectives. The second is an assimilation of those goals into a phased dynamic master plan and design guidelines for capitol Improvements. The final phase is to set in place structure p��7"L i t. set 1 a structure r��r by which the developed master plan becomes a dynemic document,which grows end changes with the campus over time. . City of Chandler Streets Building Complex-- Chandler, AZ Project Architect for a new 9,000 SF building designed for the City Streets Department, Programming sessions were conducted with all City staff involved in the new building. The building fiends in appearance to the existing buildings on the site. It has a split face exterior wells. and a metal roof. it is ~ � 1' nw r primarily office space, but includes a training room, break roo'n, locker room, shower space and restroom Town of Gro valley Programmino for future PuOli0 Wori;s complex Page 5 of 7 04,105 0C:5 15:13 60 E496EI6, I►EUT'=CH PAGE 07/0s space as well. A shade structure is designed to connect the Streets building with the adjacent Traffic building. An additional structure was designed for storaYe South of the office building. This is approximately 7,000 Sp and matches the appearance of the Traffic storagQ area,and will contain a drive- through bay. A small Ramada by the"lay down"storage area in the SW corner of the site is designed for maintenance. Further project listing avaklable. David Calcaterra Project Designer David has been a part of the DA team for 11 years. As Project Designer, he has been responsible for conducting multiple design programming sessions, executing project design and documentation, and coordination of contract documents (drawings and specifications) on building and renovation proje ts. His creative insight provides his projects with innovative design solutions. David believes that communication between all members of the project team is the key component to the success of a project. His record is exemplary and is one of projects completed on time end within budget. EDUCATION Bachelor of Design in Architecture-University of Florida AWARDS City of Tempe Mayor's Disability Award for Architectural Accessibility for Compadre Alternative School Relevant Experience includes: City of Tempe Kyrene Water Utility Services Administrative Building and Warehouse-Tempe, AZ David is serving as Project Manager see full descrlpUan above in highlighted experience. City of Goodyear City Hall Space Plan-Goodyear,AZ Phase I of the project included programming to determine all the necessary changes required and the schematic design solutions. In their existing new facility some of the City departments have deficient area allocations resulting in unacceptable working conditions and arrangements,the first phase of this project included conducting a Building User Survey, detailed analysis of existing department areas and space issues. DA then developed a space planning program that included projected department?' growth for the next five years, developing schematic plans indicating proposed solutions for the City's approval. The ultimate solution Included a phased renovation schedule that provided for the required space and growth projections with minimal disruption in city department services. DA prepared a final report and obtained approval for the Phase I recommended solution and are now preparing to proceed with Phase Il, The second phase currently under review Included construction drawings, bidding, and CA services for the first phase of that renovation. ASU East Campus Development Plan-Mesa, AZ Project Manager for this project which included integrating an adjacent partially abandon military base for a combined area of approximately 800 acres, The project is divided in three main components; the first is a number of interactive programming sessions with students and staff to further identify project goals and objectives. The second is an assimilation of those goals into a phased dynamic master plan and design guidelines for capitol improvements. The final phase is to set in place a structure by which the developed master plan becomes a dynamic document, which grows and changes with the campus over time. Temple Beth Israel (TBi)-Phoenix,AZ Jewish Temple Complex—As Froject Manager/Designer for this $6,500,000, 58,000 SF project presented a challenge because it began with a very limited budget and high expectations. The congregation knew that the project would generate excitement within the community Tiring its design and construction phases necessary to produce the remaining funds required for completion. After providing Town of Oro Valley Programming for future Public!'Works Ocr plea. Fege 6 of 7 0 / ) /205 15:Sin' 602O4 06E G DELITSCH ASSOCIATES F'A+:a' extensive progri;:mrning sessions with key stakeholders In the congregation DA created conceptual pudic presentation materials to be presented to help aid in collecting funding for the project. DA designed the project in distinct sections so that the Temple could be built in phases as the Temple's available capital dictated, DA went on to provide full architecturallengineering design and project management services. Amenities included a 500 seat sanctuary, a 200 seat chapel, edrninistration area, museum and gift shops library, religious school, nursery school, and ballroom, The design incorporated many of the fixtures, pews, and stained glass designs from the Temple's previous Central Phoenix location, This both saved money and helped to preserve the community's tradition. Religious School—This two-story addition to TBI's campus stands separate and directly south of the Temple itself. It totals 14,000 SF and contains 16 classrooms, an art room complete with a small kiln, administration space and a conference room compete with retractable projector screen and multimedia capabilities. David's responsibilities included preparing the schedule, management of drafting team, design, construction drawings and administration, and obtaining City approvals. Activity Center—TM's new 35,000 SF addition to its campus includes a new building to be located to the ee,t of the eNdsting buildings, The new Activity Center will serve multiple purposes from classes, physical activities and includes a pool. Further project listing available. The team will be supported by the full resources of the firm including profas;ional and support personnei • Town of CID Valley PfoVrGmmir!9 fns futurF Public Works Complg:r Paige 7 of MEMORANDUM DATE: / • June 8, 2005 .- � TO: Mayor and Council j FROM: Craig Civalier, F .E., Acting Town Engineer SUB.!: Background Concerning Recommendation of Deutsch Associates History of the Selection Process The acquisition of the Rancho Vistoso Blvd. site for the new OV Municipal Operations Center resulted in the need to begin the master planning for the site in order to determine the needed facilities; proper land use, planning and the development of cost estimates. The need to begin the planning as soon as p possible resulted in the search for a consultant experienced in municipal facility planning. In February 2001 the Town solicited a "Request for Qualifications" (RFQ) for qualified firms to prepare a Facilities Master Plan for the Town of Oro Valley. p p The purpose of this project was to provide a comprehensive master plan for all p p present and future Town facilities. Several firms responded to the request. All proposals were reviewed and evaluated by a team of Department Heads. Based on evaluation criteria, six firms were short-listed and interviewed. The top firm selected from the short list was Durant, a firm based in Tucson. Upon negotiating a cost of services with Durant, the Town decided to put the p 9 g project on hold until a clearer annexation policy and plan emerged. This process took about 90 days to implement, with another 30 days to negotiate the cost of service with the top firm. In the search for the design firm for the new facility, Bill Jansen, the previous Town engineer, learned that the Durant firm was involved in the new Marana Townhallp roject. Bill called the Marana Town Manager and his assistant to obtain information on Durant's performance relating to their project. In both instances, he received negative feedback and after a discussion with Brent Sinclair, it was decided not to pursue the Durant firm. On February 2005, Brent Sinclair and Bill met the principals from MMLA- Psomas, the engineering firm that did the engineering work on this parcel of land for a subdivision for Monterey Homes to see if they were interested in submitting a proposal for the master plan process. In early April 2005, Bill was advised that MMLA-Psomas were not able to find an architect and municipal facility planner to add to their team and they were not going to submit a proposal. In early April 2005, Bill contacted the Executive Director of the Arizona Consulting Engineers Association in Phoenix to see if they had any firm on record that did municipal facility planning and design. Bill was referred to Bernard Deutsch Associates in Phoenix as they were the major firm in Arizona in municipal facilities. Bill then contacted the firm and received information from p them. After reviewing their information and in consultation with Brent Sinclair, Bill asked to meet with them in Tucson. A meeting was held on April 12, 2005 with Deutsch Associates. Present at that meeting was Brent Sinclair, David Ruiz and Bill Jansen. After the meeting, they decided to request a proposal for the Phase planningfrom them. The proposal was received, reviewed and forwarded to Mayor and Council for approval. The recommended design firm has substantial experience in municipal facility planning design.and desi n. They are also a regional leader in "green" facility design energy promotingconservation and the use of recycled materials. Bill visited the City of Mesa Public Works facility which Deutsch Associates designed and that facility is well planned and blends in well with the surrounding area. This firm is also experienced in obtaining input from all levels of government in the planning process to insure that their needs and concerns are considered. Standard Operating Procedure for Engineering Services The Department of Public Works procedure for engineering services, a copy is p attached conforms to Arizona Revised Statutes Title 28, Chapter 20, Article 13 Section 34-102. Mr. Jansen followed this procedure as noted above in the history section. He decided not to advertise for proposal based on the relatively small fee proposal received from Deutsch and Associates. Project Planning Process Thelanning process will begin with the consultant and Town Engineer P requesting uestin direction and guidance from Town Council for the project. With Town Council's direction and guidance the consultant will survey the staff of the following Town Departments: • Public Works • Police • Water Utility Aro ramming process will begin after analysis of the staff surveys and Town p g Council direction. The programming process will identify needs, costs and timelines. Meetings with Town Council, staff and other stake holders will occur on aro g rammed basis. The conceptual master plan will be the end result of the p g process with Town Council approval. If9guestions remain, I suggest that Town Council consider requesting a study q session with the consultant and the Department Heads of Community Development, Public Works, Police and Water Utility to review the proposed planning process rocess before Town Council reconsiders the professional design services contract. TOWN OF ORO VALLEY DEPARTMENT OF PUBLIC WORKS STANDARD OPERATING PROCEDURE FOR ENGINEERING SERVICES *** Prioritization of projects. *** Funding for project (HURF, TWIF, STP, PDAF Grant, etc.) *** Pre-approved contract format must be used on the bid documents. 1. Determine scope of work for project. 2. Write Request for Proposal (RFP). * All RFP's to be prepared/revised by Engineering Division. 3. Advertise for Statement of Qualifications. (Must be to City Clerk's Department for signature before 10 a.m. two days prior to the day you want to advertise EXCEPT Mondays need to be to the newspaper by 3 p.m. the prior Thursday.) Xerox copy of Daily Territorial notice and put in file. 4. Telephone/mail prospective bidders to let them know the project is up for bid. Maintain list. 5. Screen/rank Statement of Qualifications received from Engineering consulting firms. 6. Interview applicants. 7. Selection. 8.Negotiate for fee schedule. 9. Council Communication to Town Council Meeting recommending award of contract to Engineering Consultant using pre-approved contract form. Any deviation from pre-approved contract form should be submitted to Town attorney prior to going to Town Council. 10. Letter to Engineering Consultant - invitation to Council Meeting. 11. Notice of Award. 12. Process/signatures for Contract. 13. Forward signed contract to Town Attorney on proper form with copy of Resolution and insurance certificates. Copy of signed contract sent to funding agency if outside funding is received. 14. Purchase requisition submitted to Finance for Engineering services. 15. Contract change orders issued with new purchase requisition if needed. 16. IGA—ADOT/Pima County & Others 17.Notice to Proceed. 18. Obtain Project Schedule for engineering services from Engineering Consultant. 19. Monthly Meetings to review, define milestones and update. 20. Process invoices, track payments and funding sources. 21. Correspondence file. 22. Public Input/comments, if applicable. 23. Draft Products (Until final approved product is received) 24. Final Acceptance Letter for Design or Project Product. 25. If Phase I was for a Design Concept Report (DCR) then proceed to Phase II. 26. Phase II Option is to use the same consultant or may re-advertise and go through all of the above steps. If same consultant is used begin with Step 8. Town of Oro Valley Town Code Administration Chapter #3 Procurement Article #4 Exception Section #4 E. Professional Services. For the purpose of procuring the professional services of, but not limited to, architects, engineers, financial professionals, and legal counsel, each department head may procure such services without an invitation for bid or request for proposal procurement process, except that awards exceeding $20,000 in amount shall require approval by resolution of the Council. No contract for the services of legal counsel may be awarded without the authorization of the Town Attorney except as otherwise provided by law. Ell .. , . , Servate,waw o _ tGk$ Ii4'r ,,e Engineer — Architect — Land Surveying — Landscape Architect — Assayer & Geologist The effective selection of engineers and related professionals by public agencies presents an interesting challenge for public works officials, chief administrative officials, and governing bodies. Successful selection processes utilize sound policies and procedures based on Qualifications Based Selection (QBS). QBS gives Arizona public agencies a major advantage in facilitation of client/consultant collaboration, which maximizes quality, value, cost-effectiveness, and usefulness. QBS is the key to smooth joint efforts by agency and consultant toward the common goal: a successful report or project. A 1 A ,... dl. fjrcaffle Lsw In 1972 Public Law 92-582, the "Brooks Law," was enacted to preserve professionalism in Federal procurement. This law mandates selection of engineers, architects and land surveyors on the basis of competence and experience through Qualifications Based Selection. The American Public Works Association (APWA), recognizing the importance of QBS and sound consultant selection to public works administrators, published in 1973 "Guidelines for Retaining Consultants to Provide Architectural and Engineering Services." This leaflet proved to be very helpful to members of APWA and has since received several revisions. The State of Arizona passed Senate Bill 1306 in 1984 establishing Qualifications Based Selection as the procurement method for engineers, architects, assayers, geologists, landscape architects, and land surveyors on State projects (including school districts). New alternative methods of procurement in the construction industry, (design/build, construction-manager-at-risk,job-order-contracting) were introduced into Arizona law through House Bill 2340 in 2000. House Bill 2425 made modifications to the law in 2001. Now all public entities in Arizona may choose the selection method best suited for their project. IP QuitheatIon$-8ased .. '::',..---,. pi -, -J .: " tit, : ., „, .._ Qualifications-based selection (QBS) is a fair and rational procedure -� . _ that facilitates the selection of a design professional. The selection ``` ` .. p •s= « • is based on qualifications and competence in relation to the scope _. p ..a 1. and needs of the particular project. QBS is no "magic” process. Instead, QBS enhances communications between the agent/owner and the technical registrants/firms under consideration, and results in the selection of a firm who is not only qualified, but compatible as well! Page 1 of 11 s A couple of definitions of terms used in the new legislation are needed to begin our discussion of QBS. An ``Agent" means any county, city, town, commission thereof, and irrigation, power, electrical. drainage and flood control districts, tax levying public improvement districts, and county or city improvement districts. "Technical Registrants" are engineers, architects, landscape architects. land surveyors. assayers and geologists ("professional services" includes the same group or any combination of their services. Title 34-603). Many agents think they cannot obtain the services of a technical registrant until they have identified specific needs, but on most projects there can be more than one opinion on what needs to be done. Also, many agents often operate under the misconception they start paying the minute they talk to a technical registrant about a concept or project. The agent should involve the services of the technical registrant ,-- ,7 as early aspossible in the planning of the project. The technical -`�sez4' �" p J ,�,,.�" ` • • • -.,z- M=... gut s ,; ,, registrant can take the agent s available information and ideas n� a -,,ta ,,:::; ' , to create workable plans with options that allow the agent to ss ikif: a`xFr make sound decisions on what should be implemented. r �, k�. Agit,,i ' ':,_,;:„1/4;''''C' „:- '10,_- .--.ii 4,1 r.,. ..,.-ir-__‘__ -,_, 4T v The sooner the technical registrant is selected, the sooner Vis, 4 , ...._ they become a vital member of the project team. With — \ . adequate and proper planning early in the project, expensive y mistakes and duplication of efforts can be reduced. One of the most beneficial aspects of QBS is the joint development of the Scope of Services during the negotiation process. Agents should consider the QBS process as an educational experience; they can learn from the firms submitting information and especially from those being interviewed. Agents are not committed to any financial obligations until a selection is made and an agreement is entered into, but they should be prepared to pay for any preliminary studies, designs or sketches requested of the technical registrant. In most instances, the QBS process under Title 34 of the Arizona Revised Statutes will include all or part of the following steps. } _y_ , – ,, Y ` i t► P&g �. sJWIBi11d jdu f s �. sv $�ty i' � P!orene ni K � / t t'o k on. N'r 1 n•wr Y A• _ ,. ,-.- _.: : ,,, -, gike ' '" (ARS 34-103 and 34-603) '- E r In design/bid/build there is a sequential award of two separate contracts. The first contract is for design services. The second contract is for construction. Design and construction of the project are in sequential phases. Finance services, maintenance services and operations services are not included. Scope of Work To begin the selection process, the agent must briefly identify the general scope and the particular needs of the project. Just as the agent needs information about the qualification and competence of the technical registrants. the firms need to know the project requirements. A Page 2 of 11 properly defined and communicated scope of work saves time, money and effort for both the agent and the technical registrant. The firm has information upon which to base a decision to pursue the project and is able to tailor its statements of qualifications directly to the project requirements, providing the agent with a more uniform basis for evaluating the responses. Items normally included in a preliminary statement of the scope of work for a public project are: p Owner's Name = Project Name or Identification Project Location ,> Contact Person (clearly identified as the only person to contact for information on the project), mailing address.telephone, fax, e-mail numbers as appropriate • Description of any other projects in process or planned for the same site or time frame, which may affect the scope of work Descriptions of completed studies, surveys and/or preliminary feasibility work relevant to the project and available to the firms which will be responding Requirements for further feasibility studies or program planning prior to design and construction, if appropriate • Project outline, including intended size, function, capacity and other general anticipated requirements 0.e., renovation, modernization, demolition, additions, new construction, energy, land use, and site selection considerations) ▪ Anticipated time frame, including completion of design work, beginning of construction and planned project completion date • Description of technical registrant selection process • Additional or unique requirements/considerations As appropriate, other items may be added to provide general guidance to the interested firms and meet the needs of the agent. All services the agent wishes the technical registrant to provide, including feasibility studies, program development, design, construction coordination and budget development, should be specifically identified. 11121 '- 102 9 3 Selection Time Frame 8 4 7 6 5 To keep the process of selecting a technical registrant advancing smoothly,y, agents should establish a time frame for completion of the selection process. Establishing the time frame communicates requirements with the firms and ' Y„ .= - -.= prevents misunderstandings and last minute "surprises" which might delay the process. The time frame for each public project will differ, depending upon the nature of the project, the concerns of the agent and other factors. The suggested time frame for an average QBS project requires a total of eight-to-ten weeks to allow proper planning and administration at each step in the selection process. Depending upon the status of the agent's project, adjustments can be made to accommodate the agent's needs. Page 3 of 11 7 Pt ,-A.: ,fr,‘,, ,. - _':,_ '-ar, .,,,. .ft } , a4 i�+R ,,,., For rge ontracs ti�ii t: ►•� %,-' 'a CCF • � f�ff 1 a.� '{1�i. tri'',A.,..: A j (ARS 34-103, 34-603) - - For professional service contracts over five hundred thousand dollars with engineers, land surveyors, landscape architects, assayers or geologists and over two hundred fifty thousand ---Y--- dollars for architects, agents must award contracts on the basis of demonstrated competence and qualifications. The agent shall: 1. Issue a request for qualifications (RFQ) which states three firms shall be on the final short list for the contract. If the agent's county has a population of over 150,000, they must advertise in a newspaper of general circulation stating specifically the character of the work to be done. COMMENTARY... More complex and generally larger projects require varied data which should be included in the Request for Qualifications or be made available upon request to firms responding to the RFQ: ✓ A Detailed Scope of Work ✓ Possible Technical Approach ✓ Date of Request for Qualifications Receipt ✓ Limitations on Late Receipt of RFQ ✓ Contact Name and Telephone Number ✓ Number of Copies Required ✓ Regulations Concerning Minority Programs ✓ Definitions of Interpretation of Documents and Publication of Addendum ✓ Time Schedule for Projects ✓ Funding Availability ✓ Selection Process and Weighted Categories of Interest ✓ Contract Requirements Including Liability/Indemnity Agreement ✓ Limitations on Request for Qualifications Content it IV f' 2. The agent shall determine the number and qualifications of the selection ' v. �,.. committee members. The selection committee shall then: A. Evaluate the statements of qualifications and performance data submitted. B. If determined by the agent and included in the RFQ, conduct discussions with at least the number of firms included on the short list, but not more than the number of firms plus two as specified in the RFQ regarding the contract and the relative methods of approach. Page 4 of 11 C. In order ofp reference, based on criteria established and published by the selection committee and included in the RFQ. the selection committee shall select a short list of three firms deemed to be the most qualified. D. If a firm on the short list withdraws from the selection process, the selection committee may replace that firm with another firm that responded to the RFQ. If only one or two firms remain, � only responding,g, the agent the selection committee may proceed or readvertise. With one firm p g, mayp roceed and award the contract if the agent determines in writing that the fee negotiated is _ . fair and reasonable and that either other prospective firm had reasonable opportunity to respond or there is not adequate time for a resolicitation. COMMENTARY... Since all the firms submitting RFQ's have made a substantial commitment of time and in expense pursuing the project,the agent should contact all the firms,not just those selected for the short P list. A personal letter to each firm is professional and will tend to preserve relations better with losing firms. The letter/memo sent to those firms who did not make the short list should express appreciation and identify the firms being invited for further consideration. The size and complexity of the project will determine whether interviews should be made in person or by telephone. If interviews are scheduled,the firms selected will need information on the following: a. The date,place, and time of the interviews. Interviews of the short-listed firms give the agent the opportunity to compare the firms' creative approaches to the process, as well as their interpretations and understanding of the project requirements. The agent should not expect project details at this time. The requirements for each project, simple or complex, can be quite involved. The technical registrant will not be sufficiently aware of the agent's needs and requirements to be able to produce a meaningful design solution. All interviews should be designed to allow for the evaluation of the personal styles of each firm's management and key personnel assigned to the project. The selection committee should evaluate how well they match up with the pre-identified criteria. Present at the interview should be 1)the key representative from the firm's management,plus key personnel who would be assigned to the project;and 2)the project users. Direct interaction between the agent/user and the technical registrant/firm is important for the development of a project that truly meets the agent's and user's needs. b. The date for a tour or tours,when appropriate, of the site/facilities. The tour provides the fines with an important firsthand look at the agent's needs and allows for a further exchange of information about the project. Tours are recommended for all but the simplest and most straightforward projects. c. A list of project issues,the project criteria and an explanation of the scoring and selection process. By providing the selection scoring criteria and specific areas of agent concern, the selection committee will achieve the best possible system for making a fair selection. d. Any feasibility studies, project program or other background information. This information should be submitted to all firms being considered, either with the letter to the short-listed firms or distributed to each firm during the prearranged tour. Interviewing Setup 4: Guidelines The room for the interview should be comfortable, have good acoustics, and be large enough to accommodate the number of people expected. A separate area should be provided for firms waiting to be interviewed. Equipment such as flip charts, audio-visual, screens, computers,etc. will be useful in most situations, if available. Most firms will bring any equipment they need for their presentation. Since equipment setup time may cause some delays in the interviewing process, two rooms should be used if possible. While one firm is being interviewed in the first room, Page 5 of 11 ..rW.: •:^:' '•:!r`'f:.f.✓`:'::ii:.ii,�:ii/:E2..., SfiuL^:`'a: %`.Y.%4'::i:`.:5::.::::. .! i`u`y...�•yu s.<t�L.t sti< sk A.< 7 ,"3 tas 1 ..,, ft.+ r�i t T�•94xa5Fsa'i`jre t{of$8n...c., H v nn Y.l r •sa.ta. s r 7{h>«L �i.-w, s�.� w*r `W-v •� sra r Ttjt tvr C <tti A 'ki i .v�^it al i.a 1 t fi•t�i'S��J t K n�.a,.'ta;l2i2t7c f Lt2ElY «>fh s s-..fp.Cf�Yid-M`a>r71iiiws ��!Ef1'>ar i1• • another firm can set up for its presentation in the second room. sr3�.0'i s., r`5f x+,f FY•.lf]/2�nS�.i ffs'.t''x 4r Yttu.A i t f. t�ta rtf<t�.Mi��aS.Vs1 Y>�s�rtJt `,},Yrtlt�{4a7 fyk Interviews should be held in closed session. �` ^ }r ..•t`752 w h 1.tr 711 tail j--.i•^t c ...2 1 I tc a�a�r tr;a.t fc �h+„►,t�"' �•,j<t ta} �.�V .3.'1rir;ts«.}la-tkl�i,Y< <. •4 z.; � `.�, .: u"r1/wYsl i<tt,,d�� Wf-4 Interview only those firms short-listed. All interviewed . ,.int a<;.7 should have an equal opportunity to prepare . {, : �`�4 their presentation based on the same information. ° =t 'r �_ is t r "' zM : Schedule 45 minutes for each presentation and 15 minutes betwee� .�.�=47- `.._ _.r� _ . .t:- � time for the presentation and question and answer period, and for the selection committee members to discuss the presentation among them selves before beginning the next interview. Schedule all the interviews on the same day so the selection committee can compare all the firms while the information is still fresh in their minds. This will ensure consistent interview scoring. The evaluation criteria for the interview scoring system should be sent to all firms in advance as an attachment to the memo giving interview and tour information. While it is appropriate to question firms about how they would approach the project.agents should not ask for an actual solution during the interview. Appropriate and responsive designs require considerably more interaction between the agent and technical registrant than is possible during the selection phase. If either the agent or the technical registrant brings a preconceived design solution to the interview, considerable time and energy will have to be spent to get beyond this point,or the existence of it may stop further creativity and prevent other,perhaps better solutions from being explored. E. The selection committee shall not consider fees, price, man-hours or any other cost information in the selection or order of preference. F. The selection committee will base their selection and order of preference on demonstrated competence and qualifications only. Commentary ... The evaluation form, which includes a weight and a ;•' �' score for each criteria/question, is a useful instrument for evaluating, • d• a - :1and ultimately selecting a compatible and qualified firm. All Ys 1,4 I - -� a�, firms should be evaluated separately by each interviewer during the 3174 � � �•f� fJkLsY�Y'�"%•�t" �- I+'44 •...7:4,411:10.444t';;: ...7�:.J� 1.tiA r r�.Et'tij:.t.. firm's presentation. 4414-Az, ♦yj S,;�: i.� Yc? ;.,.71.'tt•k� in .t -r` ty,�s4.. 14-.:44!U 4v .S�':�i ~ _N i .N`,•Y rr..s_Lti L- -i *. 1y j t.: •7.1 tt.�r. .:�a.S .. _,,.{.f:• a.�►ti:-s�"7~«i.r ,f�r�• ...''ate_ 4i' The chairperson of the selection committee will compile the individual score sheets when all the interviews have been concluded. This system provides a documented record of the selection process as support for the committee's actions,which is important. The selection committee should take time to achieve the ranking and selection by consensus rather than just by majority vote. After the interviews and ranking are completed, a memo should be prepared and mailed to all firms who participated in the interview process. The memo should list in alphabetical order all interviewed firms and the order in which the selection committee ranked them. It is customary for agents to provide this information as a courtesy to the firms. 3. The agent shall enter into negotiations for a contract with the highest qualified firm for the professional services. The negotiations shall include consideration of compensation and other contract ten-ns the agent determines to be fair and reasonable. In making this decision, the agent shall take into account the estimated value, the scope, the complexity and the nature of the professional services to be rendered. Page 6 of 11 If the agent is not able to negotiate a satisfactory contract with the firm considered to be the most q p qualified at compensation and other contract terms the agent determines to be fair and Qmay reasonable, the agent shall formally terminate negotiations with that firm. The agent then undertake negotiations with the next most qualified firm in sequence until an agreement is reached or a determination is made to reject all firms on the short list. Commentary ... It is not overly difficult to reach agreement on compensation, if there have been detailed discussions of the scope of services. Those services for which the effect is readily estimated may be included under the basic fee. Services of a more indeterminate nature—such as surveys, soil borings and investigations, regulatory agency permits, construction observation, materials testing and special administrative procedures—should be included under special services. The selected firm should be requested to prepare a detailed fee estimate predicated on the agreed upon, detailed scope of services as the basis of compensation negotiations. As an integral part of the scope discussions,the requirements and format of the proposed written contract must be discussed. The agent and technical registrant may wish to use the standard forms of agreement used by professional societies. The agreement resulting from the negotiation must be reduced to a written contract form, including detailed scope of work, compensation for both basic services and any special services,schedules of payment,as well as schedules of performance and required public meetings. The contract agreement between the agent and technical registrant must ensure both parties have the same expectations and understanding of the project requirements. Legal counsel may be needed in final formulation of the contract agreement and its subsequent approval by the governing body. Liv )'. . tom, ,~ 7� ��`l A +t _': �� n ... ori t a. " z ".r''r ,4,,-,:il 4, 7',,tlit.. 41711:41F-i 7}=ttt µt �nt�r KjFor Jc! w,,.-..!+:4, ---WI,.d,- ,,,,4,-?':A 7'; S'mall Contra of 5LL ie ,t4-1q,: rtry t<'4.ik ruff=`-t-c.%1: .L'^Ntt-'`.'.'� yfc.Icct�t k�:Sj .Y�1tit t ''' r' 75 (ARS 34-103 and 34-603) (For contracts less than five hundred thousand dollars with engineers, land surveyors, 4 landscape architects, assayers or geologists and less than two hundred fifty thousand dollars for architects, agents may: 1. Award contracts on the basis of demonstrated competence and qualifications as previously noted for"Large Contracts", or 1/4 2. The agent may encourage technical registrants/firms to submit annually a statement of qualifications and experience. A qualified selection committee (in accordance with rules by the agent) shall evaluate current statements of qualifications and experience on file together with those that may be submitted by other firms regarding the proposed contract. If possible the selection committee shall conduct discussions with at least three firms regarding the contract and the relative methods of furnishing the required services. And, if possible, shall Page 7 of 11 • select in order of preference and based on criteria published by the selection committee, a short list of at least three firms deemed to be the most qualified. The selection committee: A. Shall base the selection of the short list and order of preference on demonstrated competence and qualifications only. B. Shall not request or consider fees. price, man-hours or any other cost information in the selection of the short list or order of preference. Commentary... At a minimum,the statement of qualifications should indicate the following: • General Scope ■ Date of Request for Qualifications Receipt ■ Contact Name and Telephone Number • Type of Selection :r • Number of Copies Required • Criteria to be Used „ � • • Relative Weight to be Given to Evaluation Factors w �r, r � M4 • • 3. After the short list is selected, the agent shall enter into negotiations with the most qualified firm. The negotiations shall include consideration of compensation and other contract terms determined to be fair and reasonable. In making this determination, the agent shall take into account the estimated value, the scope, the complexity and the nature of the professional services. If the agent is not able to negotiate a satisfactory contract with the firm considered to be the most qualified at a price and on other contract terms, the agent shall formally terminate negotiations with the firm. The agent may enter into negotiations with the next most qualified firm in sequence until an agreement is reached or a determination is made to reject all firms on the short list. Commentary) ... Compensation Estimation The agent's selected technical registrant is both a professional and a business person in providing design services. A technical registrant/professional design firm not only provides highly technical services and acts as the agent's"agent'', but must also record all costs and earn a fair profit to remain in business. The common law of business balance prohibits paying a little and receiving a lot. The purpose of this section is to explain how the technical registrant charges, so the agent will be fully informed when the agent enters into negotiations to establish a fair and reasonable price for the technical registrant/professional design firm services. Overhead The most obvious costs are direct labor and expenses incurred in development of designs and plans or in the observation of construction. A secondary, but very real cost, is overhead. This cost is usually expressed as a percentage of direct salary cost. Overhead items may include the following: Direct Salary Overhead General Overhead Federal FICA Administrative Salaries Employment Taxes Stenography and Bookkeeping Holidays Computers Vacations Continuing. Education Sick Leave Business Development Retirement or Incentives Office Supplies and Copies Page 8 of 11 Group Insurance - 7--. .,�` Interest Expense Benefits -T Rent and Utilities 12,-:=- :A Autos, Trucks. Heavy Equipment Business Taxes -;�.—V:11t:- i-j: General and Professional Liability Insurance t; _.i.',7'..eili;: Telephone, Fax and Communications j'` Dues and Subscriptions ¢_ ,_, . Depreciation Total overhead may be expected to vary from 150%to 200%of direct labor costs. Specialty firms may have higher overhead, but may be more efficient in direct labor charges. Cost Plus In addition to direct and overhead costs,the technical registrant/professional design firm must charge a fee to cover return of capital investment, risk management and other non-reimbursed costs. The requested net fee may vary from 15%or more on small projects to 10%on larger projects. An administrative charge of 5%to 15%may be expected on expenses and subcontracts to cover the cost of additional liability insurance and the responsibility for arranging and integrating these services into the total project. Lump Sum Lump sum arrangements are usually best when the scope of the services is well defined. A schedule of payment for various phases of the project's development should be a part of the lump sum agreement. Time and Materials Cost-based arrangements are more desirable when the scope of particular services is less defined. These may take the form of direct and overhead costs plus a fixed fee,salaries times a multiplier(2.5 to 3.0) plus expenses,or standard billing rates plus expenses. Cost-based arrangements should have a maximum agreed-upon limit, which would contain a contingency for unexpected costs. Other Methods Percentage of construction cost, retainers, per diem or other systems or reimbursement may also be used. After the most qualified technical registrant/professional design firm has been selected and a detailed scope of services has been agreed upon, a detailed man-hour and fee estimate should be prepared for price negotiations. 7 �, (j f � 0, f 1 Iviulitiple= :na: l ...4 _ _ r . .,.... . -_; ::*: i — .L.:.:, 2---- . 1, 1. (ARS34-102) s. •I\. tr An agent may ward multiple contracts from a single solicitation for all contracts for professional services- - for p n 1 services by technical registrants, except for services provided under the design-build or construction-manager-at-risk project delivery methods. If the solicitation for multiple contracts is published, the publication must include the fact that ,multiple contracts may, or will p y, be, awarded. Page 9 of 11 -i.'---;-:,t:-.L7. _ Direct Sete ction si!,,,,,,;.,,,„,„, -.,,....„,„,,-. .. ,.,...„.,.. �` Y (ARS34-101) k: r -- it -�w "Direct Selection" means the selection of one technical registrant/firm ‘ �. without the requirement 1 of advertising or the use of a current register. For smallerobs where the agent gent has a preference for a qualified firm to perform the work, the simply notifies the one .......;t17 . agentp y firm and the parties negotiate a fair and reasonable contract. i BeìLgn> .Build a y`•_ ry^�'�,. t ,k. (ARS 34-101 34 � _6 � _- t`;��w _,�:�� -60� 34 S_ . `i- * ;, of '.. �„�M y�!t... y �'4 Q Design-Build means a project deliverymethod ' \ . ;,:.,,,,--,..i.Y�1 , in which there is \. .;,-, ... ` 47, a single contract for design services and construction services. ' ` At.....;4.bk Design and construction of the ro•ect maybe in sequential ` .R`;fi, i project q i ,. phases or concurrent phases. Finance services, '.`^. r: , maintenance �-r- ,"- services, operations services, preconstruction services and other --- related services may be included. '�r�`.r� Each project under a design-build construction services contract shall be a specific, single project (a project that is construction at a single Iocation. at a common location or for a common purpose). Each project for horizontal construction (highways. roads, streets bri Qbridges, canals, floodways, earthen dams and landfills) under design-build construction services contract shall be a specific, single project with a minimum construction cost of ten million dollars. The estimated cost of the project shall not include the cost to procure any right-of-way or other cost g Y of condemnation. An agent shall not procure any horizontal construction - desi design-buildprojects g after June 30, 2007. al (,,,,11 V...t-; la' t r silk \Ipp gni � � a�. rer- at. R�sk -• Y=:Yom" (ARS 34-101, 34-602 34-603) Construction-Manager-At-Risk means a project delivery method in n which there is a separate contract for design services and a separate contract for construction services. The contract for construction services may be entered into at the same time as the contract for design services or at a later time. Design and construction of the project . may be in sequential phases or concurrent phases. Finance services, maintenance services, operations p ons services. pre-construction services and other related services may be included. An agent shall procure design services relating to Page 10 of 11 construction-manager-at-risk construction services projects pursuant to section 34-103 or 34- 603, as applicable. Each project under aconstruction-manager- ' s g at-risk construction services contract shall be a specific, single project (a construction project that is ruction at a single location, at a common loc ' for a common purpose). anon or Each project for horizontal constructionroads,(highways, i oads, streets, bridges, canals, flood-ways, earthen dams and landfills) under aconstruction- manager-at-risk constru • services contract shall be a specific, project construction . p single with a minimum construction cost often million dollars. The estimated cost of ther p oject shall not include the cost to procure an right- of-way of=way or other cost of condemnation. An agenty shall not procure any horizontal construction construction-manager-at-risk projects after June 30, 2007. JOB ORDER CONTRACTING - (34-101, �4 602, 34-603) Job-Order-Contracting means aro'ect delivery� method in which the contract is a requirements contract for indefinite quantities of constl-uction. q in job The construction to be performed is s ecified orders issued during the contract. Financep services, maintenance services operations services, pre-construction services, design services Ices and other related services may be included. For job-order-contracting constriction services projects, if the agent does not include design services in the jobordercontractingconstruction gdesign se� �' services contract, the agent shall procure an services ices relating to the job-orderconti.actjiigco � services � � � construction 1 o projects under contract pursuant to section 34-103 or 34-603, p -1the as applicable. An agent shall not procure anyhorizontal construction on (highways, roads, streets, bridges, can als,floodways, earthen dams and landfills) utilizing Job-order-contracting construction services after 30, 2007. Page 11 of 11 MUNICIPAL SERVICES CENTER Phase 1 1. Master Plan the full buildout of the site 2. Relocate all Public Works and Water UtilityOperations p s from Calle Concordia to this site including: / 41 • Fuelingstation—P ' '4# ''P DPW garage. r.t/11, • Storage for heavy equipment -"' • Parking for Town and employee —parkin 'Y` g 117f • Office space --......,, ,,,,, ,, • Locker rooms and showers 14444-4 4.? 7 • Equipment and supplies storage • Coyote Run -7-14,211' • All operational employees and functions S %j7j 4 2,4".4.4 Future Phases In future phases of this development the Departments would like ' considered: p the following Public Works • Minor vehicle repair and maintenance • Offices for Engineering Division Design Section • Traffic Engineering Division offices and technical center • Storm Water Division offices Water Utility • Administration operations and offices • Engineering operations and offices Police • Training facility • Large classroom(100 seats) • Large conference room • Small conference room • 2 small classrooms (25 seats) • MAT room • Weight training • Locker rooms and showers • Driving simulator • FATS • 6 offices • Reception/Clerical • Break room • Armory/Weapons storage/Cleaning • Storage • Parking • Firing range(10 station minimum) • Outdoor facilities—, exercise area • Property/Evidence • 5000 sq. ff. warehouse • 3 offices • Fuming areas • Cold storage • Drying area • Impound lot • Lifts for vehicles • Vehicle processing • Crime lab ? • Substation DEUTSCH ASSOCIATES SCOPE OF WORK Phase 1 Staff and Town Council Interviews • Staff and Town Council interviews to determine needs Phase 2 Programming • Programming to produce written and graphic documentation that describes the needs and fulfills the Town's expectations. • This involves several meetings with staff and Town Council andp ublic open house meetings. p Phase 3 Conceptual Master Design Plan • Three options will be provided • Selection of one option • Conceptual building materials and colors • Provide color renderings Phase 4 Final Presentation • Approved programming documents • Bubble master plan • Planning schedule • Construction and design services cost estimates • Recommendations on phasing of improvements • Conceptual building elevations