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TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: September 16th, 1998 TO: HONORABLE MAYOR& COUNCIL FROM: David Marsh, Planner I SUBJECT: OV12-98-4 Vistoso Golf Casitas, Units 101 thru 126 and 201 thru 226, Common Element A, Rancho Vistoso Neighborhood 11,Parcel AI,Final Plat BACKGROUND: Mirage Homes is developing this condominium project, which is designed as a subdivision plat. It is located in the northwest portion of Rancho Vistoso, in Neighborhood 11, on 5.88 acres of the 18.0-acre, high-density residential Parcel AI. The site is on the west side of Vistoso Highlands Drive, south of the Golf Club at Vistoso temporary clubhouse and bordered by a golf course on the south and southeast sides, open space on the west and Vistoso Highlands on the east. The developer is proposing to construct 13 buildings, each containing four dwelling units, for 52 units total. Mirage Homes was granted a conditional use permit to operate the project as a lodging house to provide short-term rentals (not less than three days) of the units by Town Council on July 15t. Additionally, the Board of Adjustment has granted a variance to parking standards that require curb stops in front of the buildings. This was requested so that parking may be provided in the front of as well as under each unit. SUMMARY: The plat meets the high density residential zoning standards of the PAD and the requirements of the Oro Valley Zoning Code Revised, briefly summarized here. The project site is relatively level; the PAD designated natural open space contains 100-year flood limits to be preserved undisturbed. Fifty-one percent of the site is provided as Common Element A, which includes a recreation area and open space, where thirty percent is required under the PAD. Tee boxes and a green for Hole 9 of the Golf Club at Vistoso are near the south boundary of this parcel, and is of a distance that meets the required golf envelope as determined by the Golf Course Overlay District. Each of the two story buildings contain 7,725 SF total of living space, with units ranging from 1,265 SF to 1,730 SF. The 8.84 unit per acre density is in conformance with the high density, 8-17 RAC permitted. One hundred twenty two parking spaces have been provided, with four in each garage and four in front of each building, plus 18 additional spaces. A recreation and amenity area includes a spa, swimming pool, barbecue and a meeting/exercise building; final plans for which will be presented with the landscape plans. Landscape bufferyards are required and provided around all sides. GENERAL PLAN COMPLIANCE The General Plan land use designation for much of Rancho Vistoso, including this site, is medium density residential, (2.1 — 5.0 du/ac). Although the density of this project is higher than the General Plan designates, the existing zoning permits it. The final plat is in conformance with General Plan Policy 4.1C, which states that "...condominium developments should have built-in recreational facilities and other amenities to serve residents", and Policy 1.1B "promote clustering developments to protect environmentally sensitive areas." TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 RECOMMENDATION: Staff recommends approval of the final plat, subject to those conditions listed in Exhibit"A". SUGGESTED MOTION: The Council may wish to consider one of the following motions: I move to approve OV 12-98-4, Vistoso Golf Casitas, Units 101-126 and 201-226, Final Plat, Rancho Vistoso Neighborhood 11, Parcel AI, effective on the date of satisfaction of the conditions in Exhibit"A". OR I move to approve OV 12-98-4, Vistoso Golf Casitas, Units 101-126 and 201-226, Final Plat, Rancho Vistoso Neighborhood 11, Parcel AI, effective on the date of satisfaction of the conditions in Exhibit "A", and the following added conditions: . OR I move to deny OV 12-98-4, Vistoso Golf Casitas, Units 101-126 and 201-226, Final Plat, Rancho Vistoso Neighborhood 11, Parcel AI, finding that: . OR I move to continue OV 12-98-4, Vistoso Golf Casitas, Units 101-126 and 201-226, Final Plat, Rancho Vistoso Neighborhood 11, Parcel AI, until such time that the issues in Exhibit"A" attached herewith are resolved. ATTACHMENTS: 1. Exhibit "A" 2. Reduced Copy of Final Plat F:\12-98-04\FPTC.RPT AK / Vie ilLaL 14 P i: 4 d Zonin Aida istrator * / g A AM , i ; d fp Aillillgirli 8 "11;6 ' - -\ - Pf Co nit D=f y ) • .ment D iit• , \ ! , i Town M. ager EXHIBIT "A" TOWN COUNCIL CONDITIONS OF FINAL PLAT APPROVAL OV12-98-4 VISTOSO GOLF CASITAS, UNITS 101 THRU 126 AND 201 THRU 226, AND COMMON ELEMENT "A" RANCHO VISTOSO,NEIGHBORHOOD 11 Parcel Al 1. The 30' Buffer Yard D along Vistoso Highlands Drive shall be changed to a Buffer Yard A, as per the requirements of the OVZCR. 2. The Table of Minimum Finished Floor Elevations shall be amended to show the FFE's of Buildings 1 through 13, not Buildings 4 through 8 as shown. 3. The new 25' x 50' private sewer easement on the south side of the development shall be added, as shown of the preliminary plat approved by Town Council. 4. The 100 year floodplain section near Unit 7 shall be shown on the plat along with the Q100 Water Surface Elevation for the section. 5. The easement noted as recorded in Docket 10272, Page 2033 in Schedule B of the title report shall be shown on the plat. 6. There is an apparent conflict between the Basis of Bearings in Note #11 and the title report. Amend Note #11 to reflect the Basis of Bearing identified in the title report. 7. Letters of Approval from Pima County Planning & Development (Addressing), Pima County Assessor's Office, Pima County Wastewater, TEP, Oro Valley Water, and Golder Ranch Fire shall be received before recordation of the final plat. 8. The developer will be held responsible for costs incurred in connecting this project with the TEP power system, while remaining in compliance with all Oro Valley regulations and ordinances. 9. 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I U 8 =2g ;t: 1i s., A x4.00' _ C O 0.33' ii Z 8.00' u :'-'41'.: _ i,. b .,,,, J 11 , __. -_, --77: N _ N) m rr l z \_____Y, I 1.00' 8.00' } m I-7': n 0.33' N a u N ^ ' A `J I •Or .; ?1 Hli)j o l IIII II c',.", 1e.e7 0.33 i u 0 m o v � a•• '4 1 pu i `, r 1 0 of 0iI C o~r ;! 200 z k - � v I�i Oegay~� OI g �4,z ,�y _��O v O 00� z o �VI • --1 � - 0, __. :: ! ! -•_� Hot__ .--- --...I ,..--.,,t ., „, -.-&-.2 , _ _< mt. ,0 --32----,--, i I 2.00' i+1.o �a I I 8.00' j G) ?� Pi I z .N oaf 3 I z I ,-- a i vo A. o� O I o�� iyn O��� I 0.33'-13 4 c u P O -O =t:.....-ES-----. ,1.17' 8.64' ati ,3.81' ❑ a +�� I f!1 1 i 1 ` c�m) . 5.72• �"/ m m �� LIMITID COiCNo�� ', zV ( ii R j I 1 iEi EnNIT 5T SMA rst 3CO qwo ' �__ 137 ::FF aao u, N:\,96031\PARCELAI\PLAT\A1FP-3.DWG 09/02;'18 CLC r-FE-A4 1 . c TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: September 16, 1998 TO: HONORABLE MAYOR& COUNCIL FROM: Dennis Silva, Jr., Planner I SUBJECT: ADDENDUM TO OV12-94-29 ESTATES AT HONEYBEE RIDGE FINAL PLAT AMENDMENT, REVISING PLAT NOTES 23 AND 26 FOR THIS SUBDIVISION LOCATED NORTH OF HONEYBEE CANYON, WEST OF SUN CITY VISTOSO REVISED RECOMMENDATION: Staff has discussed the wording of the final plat amendment regarding the exclusion of the drive access with the applicant and agree with his proposal. Due to the proposed restrictions on the width of the driveways, this option will allow with little additional disturbance of native vegetation. Staff supports the final plat amendments for the Estates at Honeybee Ridge and recommends approval without Exhibit A as in the initial report. Revised motions have been provided accordingly. SUGGESTED MOTION: I move to approve the proposed amendments to final plat notes 23 and 26 in the Estates at Honeybee Ridge. -OR- I move to approve the proposed amendments to final plat notes 23 and 26 in the Estates at Honeybee Ridge with the following stipulations: . -OR- I move to deny the proposed amendments to final plat notes 23 and 26 in the Estates at Honeybee Ridge. F:\OV\OV9\1994\12-94-29\FPAMD2.rpt COUNCIL COMMUNICATION TOWN OF ORO VALLEYMEETING DATE: September 16, 1998 TO: HONORABLE MAYOR& COUNCIL FROM: Dennis Silva, Jr., Planner I SUBJECT: OV12-94-29 ESTATES AT HONEYBEE RIDGE FINAL PLAT AMENDMENT, REVISING PLAT NOTES 23 AND 26 FOR THIS SUBDIVISION LOCATED NORTH OF HONEYBEE CANYON, WEST OF SUN CITY VISTOSO BACKGROUND: The Estates at Honey Bee Ridge is located in Neighborhood 13 of Rancho Vistoso, on the north side of Rancho Vistoso Boulevard, approximately one-half mile west of the Sun City community center. The site may be characterized as rugged topography with many rock outcroppings and steep slopes. Moving north on the site, from Rancho Vistoso Boulevard, the topography becomes less rugged with areas of lesser slope being found in the northeast and northwest portions of the site. SUMMARY: The proposed amendments to final plat notes 23 will environmentally enhance this development. The first section of plat note 23 relates to the 30 foot common access and utility easements which will be maintained by the lot owners utilizing the access, instead of the Homeowners Association. The second section if amended states that lot owners may use alternative access onto these lots, provided that the alternative access results in less overall lot disturbance than the common access drive. Plat note 26 explains the general location of building construction known as the optimum building envelope. The maximum disturbance for building construction on each individual lot shall not exceed a total of 16,000 square feet. Proposed amendments, if approved, contains a) excluding the drive access defined as an area not to exceed 16 feet in width from the street to the general location of the garage/guest parking areas from the optimum building envelope; b) Any disturbance to the lot during the installation of utilities connection will be re-vegetated to the pre-disturbance condition within 30 days of such disturbance; and, c) The building envelope and associated natural open space designation on the plot plan may be modified in the future providing the 16,000 square foot total disturbed area is not exceeded. Amendments "a" and "c" require approval by the Town Planning and Zoning Administrator. GENERAL PLAN COMPLIANCE: These proposed final plat amendments for the Estates at Honeybee Ridge comply with goal 9.1 in the community design element of the General Plan, ensuring that the built environment is aesthetically pleasing and compatible with the natural surroundings. The issues of shared access and an optimum building envelope also coincide with the general plan policy related to the building bulk being moderate to low intensity and in harmony with individual site attributes. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 3 RECOMMENDATION: Staff supports the plat amendment with the exception of that portion which will exclude the drive access as part of the 16,000 square feet optimum building envelope. Exclusion of the drive access may result in additional grading of an environmentally sensitive area. Staff recommends approval of theproposed amendments with the condition recommended in Exhibit A to final plat notes 23 and 26 in the Estates at Honeybee Ridge as it will further embellish the project environmentally and aesthetically. SUGGESTED MOTION: I move to approve the proposed amendments to final plat notes 23 and 26 in the Estates at Honeybee Ridge with the condition attached as Exhibit A. -OR- I move to approve the proposed amendments to final plat notes 23 and 26 in the Estates at Honeybee Ridge with the condition attached as Exhibit A and the following additional stipulations: -OR- I move to deny the proposed amendments to final plat notes 23 and 26 in the Estates at Honeybee Ridge. ATTACHMENTS: 1. Exhibit"A" 2. Final plat notes 23 and 26 F:\OV\OV9\1994\12-94-29\FPAMD.rpt / oji)0.eL ' . 1 '•: ;,,!• Zoning Administrator I1 / ,1 1 / ' r'. ' 1r ; ,dC• - ! l un ty De ,•ment D ector /1 '.I Town Manag:r TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 3 of 3 EXHIBIT "A" TOWN COUNCIL CONDITION FOR APPROVAL OV 12-94-29 ESTATES AT HONEYBEE RIDGE FINAL PLAT AMENDMENTS 1. The amendment in plat note 26 excluding the drive access as part of the 16,000 square feet optimum building envelope shall be deleted. sI I I Plat Note 23: THE 30' COMMON ACCESS & UTILITY EASEMENTS AS SHOWN HEREON SHALL BE MAINTAINED BY THE ESTATES AT HONEY BEE RIDGE HOMEOWNERS ASSOCIATION AT THE EXPENSE OF THOSE LOT OWNERS '1/44%, ACCESS BY SAID COMMON DRIVE. %�' •%�'�'/;: .'�/y/ •.,, / - y/.'.-�s:.4-;//P,/ % / :, i ;41414.: ///// may/ /� ?o.' %/ // , ///i// ,i/ i // / ,// / / , i/ / ,/// / / // /// /i/ / /� 0'41,0:t04 ijdot'4: moi' •//i.(: // /.�� �/•/��.� s/ �� 's ���e 6yy �: /./%�/�, ., /r,;��'/ I/ . r %/S/ ,/I .// ,// % �/� // y'• // /� •/ 1i4 4: , / /h / �• y. /y 9fI / ,f /./ •/,/i /f/,•/'/•//�1��� s�y��J , 0rir V' /�/ �j,.//�*fi' •.:��irf.'l/i,�i �/r/ �'+'//'' /� ..i''/i�i%/ 'i�i�7' i��'��i ;fifer• "el // / // /i/ /i/// // /i,�.// /i // /Y /, COMMON ACCESS ,e;%> y's' AS SHOWN ON THIS PLAT ARE 40 & 41, 64 & 65, 72 & 104, 74 & 107, 110 & 111, 114 & 115, 121 & 122 AND 127 & 128. 1 4".474"+ " Plat Note 26: *DENOTES THE GENERAL LOCATION OF BUILDING CONSTRUCTION KNOWN AS THE OPTIMUM BUILDING ENVELOPE AS REFERENCED TO ON THE .P47;;APPROVED vm/;s PLAT OF RANCHO VISTOSO NEIGHBORHOOD 13A, PARCEL A, HONEY BEE RIDGE • • • • e - Li • Y-l' • • • S •_ e - ' * . ___ e NOVEMBER 1, 1995. THE MAXIMUM DISTURBANCE FOR BUILDING CONSTRUCTION ON EACH INDIVIDUAL LOT SHALL NOT EXCEED A TOTAL OF 16,000 SQUARE FEET '4'0,/4 „, ., , ., ,, ,. , , ,,,-.,.. •,,.,%-, , r,.,,, ,.;,, ; ,-, ,, .,,,,, , Vii,,/,,,./�i�- ,.//- -//,r• ,,.� ,/,/;r,iy r�/:� �;,,�, ••/ r' I! // / 0:;/./..;4„ • i I iii% / / ,.��, /,��7,./ �// /i -i I-/'/I / IY// ♦/ I%/,// _ %'$ 9 S%'I/� R�%% /i y/ %////i /I //i //j /// / / / , / I�r/// / 4/ ��/ , //. /'/I//r./. / / S r//� / I /// / / g/ e.,C4 6/Vr nfiSII/ ' ,.�:�A �/i�%//.-/, /i/�I //"%��/�,�i ��I, /�/. /I Y/9/. /i�J' / �� //3/ #4."'70/1' ;-4/, ; gig AND SHALL INCLUDE BUILDING AREA, UTILITY SERVICES, DRIVEWAY ACCESS �� %r///r//////y , r/ APPURTENANT PATIOS POOLS,ETC. AND ANY OTHER DESIGNATED REMAINING AREAS OF CONSTRUCTION DISTURBANCE FOR FUTURE BUILDING CONSTRUCTION .t:<, ;•,o, /r $0 ;y;-,;. 4:4; t.:,01/4 /1„)//4/W,% /� / / I ���/% I/%%;�� "di J/�%/9 / /14.41(40, . Aj/.Zjiy, ),(0%; • • ,, ,/ ,r,"; � ,,,,„ , , l / /// mt %r ///yo THE OPTIMUM BUILDING ENVELOPE (16,000 S.F. MAXIMUM) TO BE LOCATED IN CLOSE PROXIMITY OF THE * AS SHOWN HEREON, SHALL NOT INCLUDE AREAS OF ROCK OUTCROPS (1OX1OX1O OR GREATER) AND SLOPES GREATER THAN 25 PERCENT, UNLESS APPROVED BY THE TOWN OF ORO VALLEY. THE PRECISE LOCATION OF EACH ENVELOPE AND DRIVEWAY ACCESS AREA (16,000 S.F. MAXIMUM)WILL BE DETERMINED AND CERTIFIED BY A REGISTERED LAND SURVEYOR AT THE TIME OF INDIVIDUAL PLOT PLAN AND GRADING PLAN APPLICATION. THE PORTION OF EACH LOT LYING OUTSIDE THE 16,000 S.F. MAXIMUM OPTIMUM BUILDING ENVELOPE AND DRIVEWAY ACCESS SHALL BE DESIGNATED AS NATURAL OPEN SPACE AT THE TIME OF PLOT PLAN RECORDATION. / 4%;',7%;.0(,10",0W%%--%p %%* �Q q s, / %Y., // it / /'I%-/j/,7; 9 / /%?,'44 /'/" /�- /// /')'S /L•Xr 0f �'/y %'% i�/ / %I./% -'1**%/'////��/��%4r/%'�•./A 4,% /%'/%/%/�• /9//'%/%..%A4////44� /%�%���4 / / eal A /� /�%e•%%./�i / r /r/ /•• //, / //i/.ii i i r/ ////// /���%��V/� lifff / /i/ ;.(/ % y//�y/�/y •/ /'•ti'_►//yy/moi'/i. r// 9/1•.//// / 9 S✓. 4� �//I/ //•/l r / /Y/ / ////,,�%///>.,/ 7/�.r tic//�!//,/ �,%%'//%. %N'j //i /♦ ry r9 i%�/% %// �•/%�%%%%%% / i%% %/%// :�/�%%i%//% ./ I %•/i f-i �%t 9r%r�'�/�Yi%� iC/, %.,/�,'//��' FC34'/. ,;;I/P0,1//ry Ori VP:4'./P if/A!�//$IV:1,//,/ /,//S /. if, i/0Z , /f/vw /%// ,x i%;,/r "/% ',,4‘ / ;;/�%i �,/;/;y:�j ;r/; „y.r%,,�;�/,/.. / STAFF MAY CONSIDER VARIATIONS TO THE LOCATION OF THE OPTIMUM BUILDING ENVELOPE AT THE TIME OF PLOT PLAN/GRADING PERMIT APPLICATION BASED UPON THE UNIQUENESS OF EACH INDIVIDUAL LOT AND ITS RESPECTIVE BUILDING APPLICATION BY THE APPLICANT. ANY VARIATION, OTHER THAN SHOWN HEREON, MUST HAVE APPROVAL BY THE TOWN OF ORO VALLEY. INDIVIDUAL GRADING PERMITS MUST BE OBTAINED PRIOR TO THE DEVELOPMENT OF EACH LOT AND THE APPLICATION FOR THE INDIVIDUAL GRADING PERMITS MUST INCLUDE A GRADING PLAN FOR THE LOT, WHICH CLEARLY DEPICTS THE BUILDING ENVELOPE, THE LIMITS OF GRADING, PERCENT OF LOT TO BE GRADES AND ANY SIGNIFICANT FEATURES ON THE LOT, INCLUDING ROCK OUTCROPPINGS, ARCHAEOLOGICAL FEATURES, OR SIGNIFICANT VEGETATION, INCLUDING SPECIMEN TREES OR CACTI. 2 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: September 16, 1998 TO: HONORABLE MAYOR& COUNCIL FROM: Bryant Nodine,AICP, Planning and Zoning Administrator SUBJECT: 1998-99 PLANNING AND ZONING COMMISSION WORK PLAN BACKGROUND: Annually, the Planning & Zoning Commission prepares and adopts a work plan. The Work Plan (per the Zoning Code Article 1-402A) coordinates Town staff work regarding development review, land use plans, and Zoning Code amendments by listing specific projects, their status, and the recommended priority for completion. This plan was presented at the September 1, 1998 Commission hearing where it was reviewed and revised by the Commission. It is forwarded to the Council, by a 4-0 vote, recommending adoption. 1998-99 WORK PLAN: The revised 1998-99 Work Plan is attached herewith. It is divided into four parts: One section each for Enforcement, Engineering, Current Planning and Advance Planning. There is also a section at the end that includes projects from the General Plan, previous work plans, or other sources that will not be able to be completed this year. The fields and abbreviations in the work plan are explained on the first page. The priorities shown are those recommended by the Commission. A summary of completed items from last year's work plan and new items in this year's plan are included as Attachment#2. RECOMMENDATION: Staff recommends the 1998-99 Work Plan as presented. SUGGESTED MOTION: I move to approve the 1998-99 Planning and Zoning Commission's Work Plan. OR I move to approve the 1998-99 Planning and Zoning Commission's Work Plan with the following changes: TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 ATTACHMENTS: 1. 1998-99 Work Plan. 2. Summary of Completed and New Items . . 0,13L-4, i.l' in: : d Zoning Administrator '.l Iii 0 l O' ° i - Community De J.ment D''ector / 9 A , : Town Manager F:\ADMIN\P&Z\98WP_TC 1.rpt V-• K - a) O S a) • a) a) co U U G�o 0. Q cc: •• c`i0 -t cc n' '8r = a) 3 b bA •p O . '::' '''':, •. _, :.,,, a) , VI L. O O " -4-, ros Q,48O i..� -4-,� d > cri = 2 2 � O .� •U Up 0 .� oo U•oa Q; o b O „4.,,-....„..:,..; bA'7 vviUO U O ,tit (1) v) Ot�.. '1 Q �., > H .... CAU V a) , . a •- ago O o N o o o � �o E• �rj A• ,. 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E ' O gO a .5 o ; ATTACHMENT #2 Completed or Substantially Completed Items The following items from last year's work plan are complete or near completion and are therefore not included this year: ITEM PURPOSE AD Hoc COMMITTEE Miscellaneous Code changes to the powers and RECOMMENDED CODE CHANGES responsibilities of Boards and Commissions. #2 CAPITAL IMPROVEMENT PLAN Update the five-year funding plan for capital items. FUTURE SEARCH CONFERENCE A biannual requirement of the General Plan to bring the citizens of Oro Valley together to discuss growth and development issues. CITIZEN PLANNING INSTITUTE Two sessions were held to educate citizens in planning practices. PARKS AND OPEN SPACE Add a zoning district to the Code for land designated as a DISTRICT public park, recreation area, or open space. ENVIRONMENTALLY SENSITIVE Inventory, ordinance research, and classification and LANDS ORDINANCE PHASE I prioritization of ESLs as preliminary work toward preparing an RFP. New Items Staff recommends adding the following new items: ITEM PURPOSE TRANSLATIONAL ZONING To translate County zoning to Oro Valley zoning for annexed areas. URBAN GROWTH BOUNDARY To implement the UBG in the General Plan by amending CODE the Zoning Code LARGE LOT REVIEW PROCESS This could provide for expedited review and reduced requirements in developments with lots of greater than 2 acres each. POST UPDATE This is a revision of the Parks, Open, Space, and Trails Master Plan Bring it in line with current practice and the Focus 2020. GENERAL PLAN IMPLEMENTATION This is State-required annual report to the Council on the status of General Plan Implementation. GIS TECHNOLOGY DISTRIBUTION This will utilize $30,000 in the current CIP to share AND EXPANSION geographic information system (GIS) data Townwide. TRANSIT PLAN To help the Town's Transit Division create a plan for transit services. TOWN OF ORO VALLEY COUN1CIL COMMUNICATION MEETING DATE: September 16, 1998 TO: HONORABLE MAYOR & COUNCIL FROM: Chuck Sweet, Town Manager Don Chatfield, Community Development Director Ken Lawrence, Parks and Recreation Administrator RESOLUTION NO. (R)98-67- SUBJECT: Proposed Intergovernmental Agreement with Pima County for parks bonds proceeds to develop CDO Riverfront Park Site SUMMARY: In May of 1997, voters approved nearly 256 million dollars in parks bonds to fund a wide variety of public parks projects throughout Pima County. Included in that amount was 1.25 million dollars to be used towards the development of the Canyon Del Oro Riverfront Park site on Lambert Lane. These voter-approved bonds are scheduled to be sold starting in 1998 in two-year increments known as "Bond Periods" and will be spread out over ten years, resulting in a total of 5 "Bond Periods". In Pima County's original schedule for the sale of these parks bonds, it was shown that the bonds for this particular site would not be sold until "Bond Periods" Two (2) and Three (3) with varying amounts in each two-year cycle. This meant that no funding of any amount would be available to the Town until Fiscal Year 2000-01. Because of the Town's strong need for additional park facilities coupled with the fact that an approved Master Plan already existed for this site, it became the desire of the Town to move that timetable up to the first "Bond Period" so that the development process could start this year. As a result of subsequent negotiations with Pima County, the proposal under consideration at this time would provide the Town $166,000 this year and the balance, $1,084,000 next year as part of an agreement reached to sell the parks bonds for Oro Valley in "Bond Period" One (1). Additionally, to further expedite the start of the development process, the Town has also elected to expand the funding strategy to include "fronting" the entire development costs of the project now out of cash reserves and then subsequently reimburse itself for a substantial portion of those expenses from the bond proceeds over the next two years. STAFF RECOMMENDATION: If it is the consensus of the Town to develop a much a larger portion of the site now rather than in phases over the next few years, the benefits of this strategy are that it would save on construction costs due to the economy of scale, offset affects of future inflation, and that it would immediately address a much larger share of the communities needs. In order to implement this strategy, the Town must execute an Intergovernmental Agreement with Pima -County. This type of agreement spells out all of the terms, conditions, and responsibilities required from both participating agencies and are necessary to protect each others interests relative to how the bonds proceeds are allocated and expended. If all of the terms and conditions listed in the proposed Intergovernmental Agreement with Pima County meet with Councils approval, it is staffs recommendation that it be approved at this time. FISCAL IMPACT: This agreement would reimburse the Town over the next two years for approximately half of the funds appropriated for this project in the current fiscal budget Total Amount budgeted for Project in FY 1998-99 Budget: $2,554,337.00 Total reimbursement amount provided by Pima County IGA: - $1,250,000.00 Town Contribution (from COP's and General Fund): $1,304,337.00 ATTACHMENTS: 1. RESOLUTION NO. (R)98-67 2. Proposed Intergovernmental Agreement with Pima County SUGGESTED MOTION: I make a motion to approve the proposed Intergovernmental Agreement with Pima County for the receipt of Parks Bonds proceeds, in the amount of$1,250,000 over the next two years, as reimbursement for a portion of the development costs of the Canyon Del Oro Riverfront Park site On Lambert Lane. 4/14J Pa s and Recreation AO a inistrator • De•artment He111. "4/ Town Man.ger RESOLUTION NO. (R) 98- 67 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING THE EXECUTION OF AN INTER-GOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND PIMA COUNTY FOR PARKS BONDS PROCEEDS TO DEVELOP CDO RIVERFRONT PARK WHEREAS, the Town of Oro Valley has the authority to enter into contractual arrangements with other governmental agencies in order to provide services to its residents; and WHEREAS, it has determined that it is in the best interests of the Town and its citizens to enter into an inter-governmental agreement with Pima County regarding parks bonds proceeds for development of the CDO Riverfron Park; and WHEREAS, the approval of an inter-governmental agreement will further this goal by allowing Pima County to provide the funding for the development of the park, which is hereby determined to be in furtherance of the public health, safety and welfare of the citizens of the Town; NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA AS FOLLOWS: 1. That the attached Inter-governmental Agreement is hereby approved. 2. That the Mayor of the Town of Oro Valley and all necessary administrative officials are hereby directed and authorized to take all necessary steps related to the execution of said agreement. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 16Th day of SEPTEMBER , 1998. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Tobin Sidles, Town Attorney . , Intergovernmental Agreement between Pima County and the Town of Oro Valley for Cafinada del Oro Riverfront Park Development Dated , 1998 , , Table of Contents Recitals 1 1.. Purpose 2 2. Financing of Project 2 a. Total cost of the Project 2 b. County share 2 c. Town share 2 d. County Deposit in Escrow 2 e. permits 2 f. Transaction privilege tax 2 3. Town Obligations 3 a. Design and construction 3 b. County participation 3 c. Working drawings and specifications 3 d. Public participation 3 e. Official dedication or opening ceremonies 3 f. Town point of contact 3 g. Town ownership 3 h. Compliance with County laws 3 4. County Obligations 4 a. Design assistance 4 b. County point of contact 4 c. County inspection and approval 4 5. Town Operation and Maintenance 4 a. Operation and maintenance 4 b. Continued ownership and operation 4 • c. Youth leagues 4 d. Insurance;repair and replacement 4 e. Fees for use 4 f. Facility use by County residents 4 6. .Indemnification , 5 a. Mutual Indemnity 5 b. Preexisting conditions 5 c. Notice 5 d. Negligence of indemnifying party 5 e. Survival of termination 5 7. Insurance 5 8. Right of Entry 5 9. Public Art 6 10. Books and Records 6 11. Town Accounting of Town Project Costs 6 12. County Inspection and Audit 6 i 13. No Third Party Beneficiaries 6 14. Legal Jurisdiction 6 15. Compliance with Laws 6 a. Anti-discrimination 7 b. Americans with Disabilities Act 7 16. Remedies 7 17. Notification 7 18. Construction of Agreement 7 a. Entire Agreement 7 b. Amendment 7 Construction and interpretation rpretation 7 d. Severability 7 e. Captions and headings 8 19. Waiver 8 20. Force Majeure 8 21. Term and Termination of Intergovernmental Agreement 8 a. Effective Date 8 b. rg 8 c. Termination 8 i. For cause 8 ii. At will 9 111. A.R.S. §38-511. 9 iv. Non-appropriation 9 v. Arbitrage 9 vi. Legal authority9 vii. Ownership of property upon termination 9 it Intergovernmental Agreement between Pima County and the Town of Oro Valley for Canada del Oro Riverfront Park Development This Intergovernmental Agreement is made and entered into this day of , 1998, by and between Pima County, a body politic and corporate of the State of Arizona ("County") and the Town of Oro Valley, Arizona, a municipal corporation( Town ). Recitals A. Pima County and the Town of Oro Valley desire to develop community park facilities. B. County and Town desire to provide for the construction, development, maintenance, • operation and use of recreational facilities(the"Project")in Canada del Oro Riverfront Park, located at Lambert Lane, Oro Valley, Arizona. C. County and Town desire to define the terms and conditions under which the Project is to be engineered, constructed, financed and maintained. D. The Pima CountyBoard of Supervisors included the Project in the Bond Improvement p Plan for the May 20, 1997 Special Bond Election. bonds authorized in the May20, Special Bond Election allocated 1997 E. The County $1,250,000 for the Project. F. Construction of the Project is currently scheduled to commence on or before and is estimated to be completed approximately months after the start of construction. [Oro Valley should insert dates.] G. County and Town agree that the Town shall design and construct the Project. H. County may and Town contract for services and enter into agreements with one another y for joint or cooperative action pursuant to A.R.S. § 11-951, et seq. I. County and Town are authorized by A.R.S. § 11-933(A)to enter into a cooperative agreement for the establishment, development, maintenance or administration of a public park. J. The Pima County Board of Supervisors adopted guidelines for bonding disclosure, accountability and implementation of County bond program projects within other 1 jurisdictions in Pima County Ordinance No: 1997-35, Section VIII, and Pima County Code § 3.06.080. NOW, THEREFORE, for and in consideration of the mutual covenants, stipulations and conditions hereinafter contained the parties hereby agree as follows: 1. purpose.Purpose. The of this Agreement is to set forth the responsibilities of the parties for P � the design, construction, maintenance and operation of Canada del Oro Riverfront Park as described in Exhibit A of this Agreement (the"Project"). 2. Financing of Project. a. Total cost of the Project. The total cost of the Project is estimated by the parties to be $1,650,000. The final cost of the Project shall be that necessary to complete the Project. Countyshall pay $1 25 0 000 from Countybond funds for the Project, b. County share. � including approximately$12,000 for public art. No County funds in excess of $1,250,000 may be expended for the Project. c. Town share. Town shall pay any and all costs of the Project in excess of allocated County bond funds, including.the costs of anychange orders approved by Town for Co yg unanticipated work. Town's share of the total cost of the Project is estimated by the parties to be $400,000, of which$125,000 is for design and $275,000 for construction including approximately$4,000 for public art. d. County Deposit in Escrow. Town shall give County at least 45 days prior notice that Town will advertise for bids on a construction contract for the Project. Within 30 days of receiving notice, County shall deposit $1,250,000 in an interest bearing escrow account from which Town can draw for payment. Any interest earned by the escrow account shall remain with County. Following completion of construction, Town shall determine the actual cost of construction and public art. In the event that said cost, after deducting the $275,000 share of Town, is less than$1,250,000, the escrow agent and Town shall refund the savings to County within 60 days of Project completion. e. Permits. At no cost or expense to the County, Town shall provide or pay for all Town permits and sewer connection permits required in connection with the Project. f. Transaction privilege tax. Town agrees that the construction pursuant to this Agreement shall be an exempt from transaction privilege taxes levied by Town. Y 2 r y 3. Town Obligations. a. Design and construction. Town shall administer the design and construction of the Project. To that end, Town shall prepare the consultant contract for design, choose the consultant, create construction contract documents, bid the construction contract, choose the contractor, and supervise and inspect the construction of the Project. Town shallprovide Countywith copies of all existing technical documents and drawings p required for design of the Project. b. County participation. Town shall provide County the opportunity to participate in and provide advice on all major items that affect the design of the Project. Town shall include in its contract for design a requirement that the consultant closely coordinate with County relating to the design of park facilities. Such design requirements shall be approved byTown prior to incorporation in the design. pp c. Working drawings and specifications. Following completion of the Project design, the working drawings and specifications shall be provided to County for approval, which approval shall not be unreasonably withheld. d. Public participation. Town shall manage all public participation processes deemed necessary by Town and County for design and construction of the Project. County shall be invited to participate in the public participation process. Town shall coordinate all public meetings on this Project in compliance with Board of Supervisor's Policy 3.5 - Notification to Board of Supervisors of Public Meetings to Be Held in Their District and Administrative Procedure 3.8 implementing Policy 3.5. e. Official dedication of opening ceremonies. Town shall coordinate all official dedication or opening ceremonies for this Project with the County Supervisor in whose district the p g Project is located. f. Townoint of contact. Town shall provide a unified point of contact to County for this 1? Project. All communications to County shall be forwarded through the County Director of Parks and Recreation or designee. g. Town ownership. After completion of construction, Town shall own the Project facilities. h. Compliance with County laws. Town agrees to comply with the provisions of Pima County Ordinance No. 1997-35, Section VIII, and Pima County Code § 3.06.080, "Implementation of County Bond Projects in Other Jurisdictions." 3 ' 4. County Obligations. a. Design assistance. Countyshall review and comment on all engineering studies, technical data and specifications provided by Town pursuant to this Agreement for the design and p construction of the Project under a schedule mutually acceptable to County and Town to ensure timely progress on and completion of improvements. b. County point provide of contact. Countyshall a unified point of contact to Town for this Project. All communications to Town shall be forwarded through the Town Parks and Recreation Administrator. c. County inspection ection and approval. County shall jointly inspect the construction with the p Town. Town shall allow County personnel reasonable access to the Project site before, during, and after construction, provided that County staff coordinate its visits in advance with Town staff associated with the Project whenever possible. 5. Town Operation and Maintenance. a. Operation and maintenance. Following completion of the Project construction, Town shall accept ownership of the Project facilities and assume the obligations of operation and maintenance, including payment of the cost of water, sewer, gas and electric service. Town shall operate and maintain the facility in accordance with standards required by applicable federal, state and local agencies for the maintenance and operation of such facilities. b. Continued ownership and operation. Town shall not dispose of or encumber its title or other interests in the Project facilities for 25 years following the date ownership of the Project facilities is conveyed to Town. Town shall operate and maintain the Project facilities for a period of not less than 25 years. youth outh lea es in northwest Pima County Youth leagues. leagues shall have priority use of the appropriate facilities over all activities except Town events. Town will govern use and schedule. d. Insurance; repair and replacement. Town agrees to insure or self-insure the Project facilities and to repair or replace the facilities if damaged or destroyed. e. Fees for use. Town shall not charge a fee for use of the Project facilities that is more than a fee charged by Pima County for a similar use. f. Facility use by County residents. Town agrees to make the Project facilities available to all residents of Pima County without restriction or preference to jurisdiction of residence. 4 6. Indemnification. a. Mutual Indemnity. To the fullest extent permitted by law, each party to this Agreement shall indemnify, defend and hold the other party, its governing board or body, officers, fy, departments, employees and agents, harmless from and against any and all suits, actions, legal or administrative proceedings, claims, demands, liens, losses, fines or penalties, g damages, liability, interest, attorney's, consultant's and accountant's fees or costs and g expenses of whatsoever kind and nature, resulting from or arising out of any act or p omission of the indemnifying party, its agents, employees or anyone acting under its direction or control, whether intentional, negligent, grossly negligent, or amounting to a breach of contract, in connection with or incident to the performance of this Agreement. Preexistingconditions. To the fullest extent permitted by law, each party to this b. Agreement shall indemnify, defend and hold the other party, its governing board or body, officers, departments, employees and agents, harmless from and against any claims and damages, as fully set out above in paragraph a, resulting from or arising out of the g existence of any substance, material or waste, regulated pursuant to federal, state or local environmental laws, regulations or ordinances, that is present on, in or below or originated from property owned or controlled by the indemnifying party prior to the g p p execution of this Intergovernmental Agreement. shall notifythe other in writingwithin thirty (30) days of the receipt c. Notice. Each party of any claim, demands, suits or judgments against the receiving party for which the party intends to invoke the provisions of this Article. Each party shall keep the other party informed on a current basis of its defense of any claims, demands, suits, or judgments under this Article. d. Negligence of indemnifying party. The obligations under this Article shall not extend to the negligence of the indemnifying party, its agents, employees or indemnitee. e, Survival of termination. This Article shall survive the termination, cancellation or revocation, whether in whole or in part, of this Intergovernmental Agreement. Insurance. When requested bythe other party, each party shall provide proof to the other.of �• q their worker's compensation, automobile, accident, property damage, and liability coverage or program of self-insurance. 8. Right of Entry. Execution of this Agreement by Town grants to County the right to enter upon Town-owned lands to inspect the Project. However, County staff will attempt to coordinate site visit inspections with Town staff ahead of time. 9. Public Art. Public art shall be included in the Project. Public art shall be approved by both parties per County program standards. 5 Books and Records. Each partyshall keep and maintain proper and complete books, records 10. and accounts, which shall be open for inspection and audit by duly authorized representatives of any other party at all reasonable times. All design and construction drawings, records, documentation and correspondence shall be the property of Town at the completion of the Project, except copies maintained by Town for its records. 11. Town Accountingof Town Project Costs. Town shall account for all Project costs to be paid by the County pursuant to this Agreement. County InspectionCounty 12. and Audit. employees may perform any inspection of the Project or reasonable audit of any books or records of Town in order for the County to satisfy itself that the monies on the Project have been spent and the Project completed in accordance with this Agreement. County staff will request a joint staff inspection of the Project site along with any related records on an as-needed basis. 13. No Third Party Beneficiaries. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liabilityof either party to the Agreement by imposing any standard of care with g respect to the maintenance of streets and highways different from the standard of care imposed by law. 14. Legal Jurisdiction. a. Nothing in this Intergovernmental Agreement shall be construed as either limiting or extending the legal jurisdiction of County or Town. b. It is not intended by this Intergovernmental Agreement to, and nothing contained in this Intergovernmental Agreement shall be construed to, create any partnership,joint venture g g or employment relationship between the parties or create any employer-employee relationship between the Town and any County employees, or between the County and any Town employees. Neither party shall be liable for any debts, accounts, obligations nor other liabilities whatsoever of the other, including(without limitation)the other party'sobligation obli ation to withhold Social Security and income taxes for itself or any of its employees. with Laws. The parties shall comply with all applicable federal, state and local 15. Compliance p laws, rules, regulations, standards and executive orders, without limitation to those designated within this Agreement. The laws and regulations of the State of Arizona shall g govern the rights of the parties,the performance of this Agreement and any disputes hereunder. Any action relating to this Agreement shall be brought in an Arizona court. b a. Anti-discrimination. The provisions of A.R:S. § 41-1463 and Executive Order Number 75-5 issued by the Governor of the State of Arizona are incorporated by this reference as a part of this Intergovernmental Agreement. b. Americans with Disabilities Act. All Facilities shall be constructed and operated in compliance with the Americans with Disabilities Act, 42 U.S.C. § 1201, et seq. 16. Remedies. Either partymay pursue any remedies provided by law for the breach of this Agreement. rightremedy No or is intended to be exclusive of any other right or remedy and each shall be cumulative and in addition to any other right or remedy existing at law or in equity or by virtue of this Agreement. 17. Notification. All notices or demands upon any party to this Agreement shall be in writing, unless other forms are designated elsewhere, and shall be delivered in person or sent by mail addressed as follows: To Town: Parks and Recreation Administrator Town of Oro Valley 11000 N. La Canada Drive Oro Valley, AZ 85737-7015 To County: Director Pima County Parks and Recreation 1204 W. Silverlake Rd. Tucson, AZ 85713-2728 18. Construction of Agreement. a. Entire Agreement. This instrument constitutes the entire agreement between the parties pertaining subject to the matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. b. Amendment. This agreement shall not be modified, amended, altered or changed except by written agreement signed by both parties. c. Construction and interpretation. All provisions of this Agreement shall be construed to be consistent with the intention of the parties as expressed in the recitals hereof. d. Seyerability. In the event that any provision of this Agreement or the application thereof is declared invalid or void by statute or Judicial decision, such action shall have no effect on other provisions and their application which can be given effect without the invalid or void provision or application, and to this extent the provisions of the Agreement are severable. In the event that any provision of this Agreement is declared invalid or void, 7 the parties agree to meet promptly upon request of the other party in an attempt to reach an agreement on a substitute provision. e. Captions and headings. The headings used in this Agreement are for convenience only and are not intended to affect the meaning of any provision of this Agreement. 19. Waiver. Waiver by either party of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of any other term, covenant or condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained. 20. Force Majeure. A party shall not be in default under this Agreement if it does not fulfill any of its obligations under this Agreement because it is prevented or delayed in doing so by reason of uncontrollable forces. The term"uncontrollable forces" shall mean, for the purpose of this Agreement, any cause beyond the control of the party affected, including but not limited to failure of facilities, breakage or accident to machinery or transmission facilities, weather conditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil disturbance, sabotage, strike, lockout, dispute,dis ute, boY cott, material or energy shortage, casualty loss, acts of God, or action or non-action by governmental bodies in approving or failing to act upon applications for approvals or permits which are not due to the negligence or willful action of the parties, order of any government officer or court (excluding orders promulgated bythe parties themselves), and declared local, state or national emergency, which, by exercise of due diligence and foresight, such party could not reasonably have been expected to avoid. EitherrtY a rendered unable to fulfill any obligations by reason of uncontrollable forces shall p exercise due diligence to remove such inability with all reasonable dispatch. 21. Term and Termination of Intergovernmental Agreement. a. jffective Date. This Agreement shall be effective upon recording with the Office of the Pima County Recorder. b. Term. Those portions of this Intergovernmental Agreement pertaining to the construction of the Project shall terminate upon completion and acceptance of the construction contract for Project by Town;however, the ownership, operation, maintenance and liability provisions shall remain in effect until terminated or modified in writing by mutual agreement. c. Termination. i. For cause. A party may terminate this Agreement for material breach of the Agreement by the other party. Prior to any termination under this paragraph, the party allegedly in default shall be given written notice by the other party of the nature of the alleged default. The party said to be in default shall have 45 days to cure the default. If the default is not cured within that time, the other party may 8 terminate this Agreement. Any such termination shall not relieve either party from liabilities or costs already incurred under this Agreement. ii. At will. This Intergovernmental Agreement may be terminated by County or City by giving days 60 da s written notice. Such termination shall not relieve either party from those liabilities or costs already incurred under this Intergovernmental Agreement. iii. A.R.S. §38-511. This Intergovernmental Agreement is subject to the provisions of A.R.S. § 38-511. iv. Non-appropriation. It is acknowledged that all obligations of the County and Town hereunder to make payments to or to incur costs for the specified projects shall be subject to annual appropriation by the respective governing bodies and to any limitation imposed by budget laws or other applicable state or local law or regulation, and are undertaken subject to and in accordance with such processes and constitutional limitations. Notwithstanding any other provision in this Intergovernmental Agreement, this Intergovernmental Agreement may be terminated if for any reason the Town Council or the Pima County Board of Supervisors does not appropriate sufficient monies for the purpose of maintaining this Intergovernmental Agreement. In the event of such cancellation, Town and County shall have no further obligation to the other party other than for payment for services rendered prior to cancellation. v. Arbitrage. County may unilaterally terminate this Intergovernmental Agreement whenever the County determines violations of federal arbitrage regulations are likely to occur and may reallocate the Project funds to any project authorized by the bond improvement plan. vi. Legal authority.Neither party warrants to the other its legal authority to enter into this Agreement. If a court of competent jurisdiction, at the request of a third person, should declare that either party lacks authority to enter into this Agreement, or any part of it, then the Agreement, or parts of it affected by such order, shall be null and void, and no recovery may be had by either party against the other for lack of performance or otherwise. vii. Ownership of property upon termination. Any termination of this Agreement shall not relieve any party a from liabilities or costs already incurred under this Agreement, nor affect any ownership of the Project constructed pursuant to this Agreement. In Witness Whereof, County has caused this Intergovernmental Agreement to be executed by the Chairman of its Board of Supervisors, upon resolution of the Board and attested to by the of the Board, and the Town has caused this Clerk Intergovernmental Agreement to be executed by Mayor,Ma or, upon resolution of the Mayor and Council and attested to by its Clerk. 9 ATTEST: 1 TOWN OF ORO VALLEY: Clerk, Town of Oro Valley Mayor ATTEST: PIMA COUNTY: Clerk of the Board of Supervisors Chairman, Board of Supervisors REVIEWED AND APPROVED: REVIEWED AND APPROVED: Director Chuck Sweet Pima County Parks and Recreation Town Manager 10 Intergovernmental Agreement Determination The foregoing Intergovernmental Agreement between Pima County and the Town of Oro Valley has been reviewed pursuant to A.R.S. § 11-952 by the undersigned, who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Intergovernmental Agreement represented by the undersigned. Pima County: Deputy County Attorney Town of Oro Valley: Town Attorney 11 Exhibit A' Project Description Canada del Oro Riverfront Park Development TOWN OF ORO VALLEY COUN1CIL COMMUNICATION MEETING DATE: September 16, 1998 TO: HONORABLE MAYOR & COUNCIL FROM: Chuck Sweet, Town Manager Don Chatfield, Community Development Director Ken Lawrence, Parks and Recreation Administrator RESOLUTION NO. (R)98-68- SUBJECT: Proposed contract to provide architectural services for development of the CDO Riverfront Park site. SUMMARY: Town staff recently met with Mr. Don McGann of McGann and Associates to explore the possibility of his firm submitting a proposal to provide professional architectural services that would initiate development of the CDO Riverfront Park site on Lambert Lane. This is the same firm that provided consultant services for the Parks Master Planning Project completed this past year, which also included this site. McGann and Associates subsequently submitted a proposal with a flexible project scope that suggests all of thep ark's major functional amenities be developed at some level. With a Heritage Fund grant application pending for the stage facility, this proposal suggests that critical items such as utilities and a basic concrete pad for the amphitheater area, be constructed regardless of whether or not the grant is funded this year. In addition, while all of the ballfields, ballcourts, pathways, parking, and play area amenities are to be developed, the quantity of restroom and concession buildings as well as actual number of shade ramada's constructed could fluctuate. As "Add Alternates", the quantities of these types of amenities may be increased if favorable results are received on the major construction elements during the bidding process. STAFF RECOMMENDATION: The proposal submitted for consideration includes overseeing all major aspects of the development process including basic design, submitting development plans, preparing bid and construction documents, as well as providing construction administration services within the approved project budget of $2,554,337.00. It is important to note that this proposal contains a great deal of pre-design services by McGann and Associates including correspondence with Pima County as well as State of Arizona agencies. In a related effort, Town staff has also been working with Pima County staff over the past few months to develop the required Parks Bond Intergovernmental Agreement for this site. If approved by Mayor and Council, this Intergovernmental Agreement would put into motion the bond mechanisms necessary to provide a great deal of the project's development funding. At this point it would seem very timely to approve McGann and Associates proposal in concert with the proposed Pima County Intergovernmental Agreement that has - also been submitted for your consideration. FISCAL IMPACT: $ 176,200.00 (Certificates of Participation) ATTACHMENTS: 1. RESOLUTION NO. (R)98-68 2, Copy of proposed contract SUGGESTED MOTION: I make a motion to approve the proposed contract with McGann and Associates to provide professional architectural services for the development of the CDO Riverfront Park site on Lambert Lane. C. Lj /44,,,,,,c4-,- ks and Recreation Administrator uklat / / i • De..rtment ,a,, all/ , /lam.: Town Manager RESOLUTION NO. (R) 98-68 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING THE EXECUTION OF A CONTRACT FOR ARCHITECTURAL SERVICES FOR THE CDO RIVERFRONT PARK WITH DON McGANN AND ASSOCIATES. WHEREAS, the Town of Oro Valley desires to create a riverfront park designed for municipal purposes; and WHEREAS, the Town has entered into negotiations for the purposes of creating a riverfront park within the Town boundaries; and WHEREAS, the Town of Oro Valley has reviewed and interviewed various architecture firms and has selected Don McGann and Associates as the project architect for the CDO Riverfront park; and WHEREAS, Don McGann and Associates wishes to enter into an agreement with the Town of Oro Valley to provide architectural services for the development of the CDO Riverfront Park; and NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: 1. That the attached contract for the provision of architectural services is hereby authorized and approved on behalf of the Town of Oro Valley by and between Don McGann and Associates, its successors and assigns and the Town of Oro Valley. 2. That the Mayor and staff of the Town of Oro Valley are hereby authorized to execute said agreement on behalf of the Town of Oro Valley and to take any and all steps necessary to effectuate said agreement. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 16TH day of SEPTEMBER , 19 98 PAUL H. LOOMIS, MAYOR ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Tobin Sidles, Town Attorney CONTRACT FORLAN7pscAuARCHITECTURAL A E ERVI S �. SERVICES STD:£�'I�HR�'Ro:FS .... This Agreement entered into this day of , 1998, by and between The h� ��� � ri�:;.: �:::::::'::. t a .�. � ��:.:` Town of Oro Valley hereinafter Owner' and Q. & ssoc a es, ,...Ia .s p: r .e. s., hereinafter referred to as Architect, for obtaining architectural profess�onal services for the design it:�. f construction�������.;.;.;,u �s: .Q.. �. .C�. is rfr:` and r:: ���r��ro .�.. 4e .+�. 4...:.:.;.. ... ..... 0�-0000: , Town of Oro Valley, as more fully set forth herein. WITNESSETH WHEREAS, the Town of Oro Valley is vested with the authority to hire professional jactscape:..41#14q architects and::en *er..s for the design and construction of Townprojects; and .................... ..................... WHEREAS, design and construction of public buildings facilities requires special knowledge and expertise; and WHEREAS, the town desires to obtain the service of the Architect in performing these services, as an Independent Contractor and not as an employee of the Town; and WHEREAS, Architect desires to contract with the Town to perform such services; NOW, THEREFORE, the Town and the Architect, in consideration of the mutual promises as hereafter set forth, mutually agree as follows: ARTICLE 1: ARCHITECT'S RESPONSIBILITIES 1.1 Architect's Services 1.1.1 The Architect's services consist of those services performed by the Architect, Architect's employees and Architect's consultants as enumerated in Articles 2 and 3. 1.1.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. The attached schedule "Exhibit A" for the performance of the Architect's services sets forth the time for performance by the Architect which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule and approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. 1 ARTICLE 2: SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 Definition 2.1.1 The Architect's Basic Services consist of those described in Paragraphs 2.2 the; ugh 2.6 and include normal structural, civil engineering, landscape architecture and electrical engineering services. 2.2 Schematic Design Phase " -; " •• •" •.'" : " -.11•41- • 6. • ;•-; - - - -• - - • •- - - • • • • •• f• I • . •- : ; •• •• f• -• • • •I A - -- - • I • �•r.r construction budget requirements, each in terms of the o •- , • :•• : •-- •--;:. ":- - •_ •- Subparagraph 5.2.1. construction of the Project. Documents consisting of site develop .- • _ . • -: • -: = =- -•= - ' - ••- •• : : •. : • 2.2.1 Thaai . ort ���crt•���t�a� -s�.. . teAhos.4 :a. :yes `* :o. ect 2.3 Design Development: D lop tent.Pl t Phase 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. 2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost. 2.4 Construction Documents Phase 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the 2 construction of the Project. 2.4.2 The Architect shall prepare the necessary bidding information, bidding forms. 2.4.3 The Architect shall advise the Owner of any adjustments to previous estimates of Construction Cost indicated by changes in requirements or general market conditions and shall obtain Owner's approval for such adjustments. 2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filingdocuments required for the approval of governmental authorities having jurisdiction q over the Project. 2.4.5 Architect shall provide a detailed estimate of the construction cost. 2.5 Bidding or Negotiation Phase 2.5.1 The Architect, following approval of the Construction Documents and of the latest estimate of Construction Cost, shall obtain bids for the Project and assist in evaluating, awarding and preparing contracts for construction. 2.5.2 The Architect will assist the Owner during the Bidding Phase by arranging a pre- bid conference, responding to all questions from the Bidders, including requests for prior approvals for material substitutions, and issuing any necessary addenda. 2.6 Construction Phase--Administration of the Construction Contract 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates sixty (60) days after the date of Completion of the Work, unless extended under the terms of Subparagraph 11.3.3. 2.6.2 The Architect shall provide administration of the Contract for Construction as set forth below. 2.6.3 Duties, responsibilities and limitations of authority of the Architect shall not be restricted, modified or extended without written agreement of the Owner and Architect. 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner duringconstruction until final payment to the Contractor is due. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written instrument. 2.6.5 The Architect shall visit the site at intervals appropriate to the stage of 3 construction or as otherwise agreed by the Architect in writing to become generally familiar with the progress and quality of the Work and to determine in general if the Work is proceeding in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of such on-site observations as an architect, the Architect shall keep the Owner informed of the progress and quality of the Work, and shall endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. More extensive site representation may be agreed to as an Additional Service, as described in Paragraph 3.2. 2.6.6 The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions an programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for Construction. The Architect shall not be responsible for the Contractor's schedules or failure to carry out the Work in accordance with the Contract Documents. However, the Architect shall promptly notify Owner of any scheduling or failure to carry out work pursuant to the terms of the construction contract of which the Architect becomes aware. The Architect shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall communicate through the Architect. Communications by and with the Architect's consultants shall be through the Architect. 2.6.9 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect shall review and certify the amounts due the Contractor. 2.6.10 The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's observations at the site as provided in Subparagraph 2.6.5 and on the data comprising the Contractor's Application for Payment that the work has progressed to the point indicated. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work other than the inspections listed in 2.6.5 and special inspections as requested by owner, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 4 2.6.11 The Architect and the Owner shall have authority to reject Work which does not conform to the Contract Documents. 2.6.12 The Architect shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 2.6.13 The Architect shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Architect as provided in Subparagraphs 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. A. In the event that there are alterations in work, the following items will apply: .1 Whenever a change order results in a substantial change in the nature of the project, thereby materially increasing or decreasing the cost of the project, the work will be performed in accordance with the contract unless a written change order is approved, in writing, by the Owner. Before such work is started, a contract change order shall be executed by the Owner and the Architect. It is distinctly understood and agreed that no claims for additional work done or materials furnished by the Contractor or Architect, or any work or any materials furnished which are not covered by this Agreement shall be made unless the work is first ordered in a written change order. Any such work or materials furnished by the Architect or Contractor without such written order first being given 5 shall be at the Architect's and/or Contractor's own risk, cost, and expense, and hereby agrees that without such written order Architect and/or Contractor will make no claim for compensation for such work or materials furnished. 2.6.14 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive and forward to the Owner for the Owner's review and records written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment upon compliance with the Requirements of the Contract Documents. 2.6.15 The Architect shall interpret and decide matters concerning performance of Contractor under the requirements of the Contract Documents on written request of the Owner. The Architect's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of ar reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by Contractor and shall not be liable for results of interpretations or decisions so rendered in good faith. 2.6.17 The Architect shall render written decisions within a reasonable time on all claims, disputes or other matters in question between the Owner and Contractor relating to the execution or progress of the Work as provided in the Contract Documents. ARTICLE 3: ADDITIONAL SERVICES 3.1 General 3.1.1 The services described in this Article 3 are not included in Basic Services and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The services described under Paragraphs 3.2, 3.3, and 3.4 shall only be provided if authorized and confirmed in writing by the Owner. 3.2. Project Representation Beyond Basic Services 3.2.1 If more extensive representation at the site than is described in Subparagraph 2.6.5 is required, the Architect shall provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities. 3.2.2 Through the observations by such Project Representatives, the Architect shall endeavor to provide further protection for the Owner against defects and deficiencies in the 6 Work. Architect shall utilize professional reasonable care in such endeavors. 3.3 Contingent Additional Services g 3.3.1 Making revisions in Drawings, Specifications or other documents when such revisions are: .1 required bythe enactment or revision of codes, laws or regulations q subsequent to the preparation of such documents; or .2 due to changes required as a result of the Owner's failure to render decisions in a timely manner. 3.3.2 Providing services required because of significant changes in the Project after the ent Phase includin but not limited to, size, quality, complexity, the Owner's Design Developm g, schedule, or the or negotiating method of bidding and contracting for construction, except for services required under Subparagraph 5.2.5. 3.3.3 Providing services in connection with evaluating substitutions proposed by the q Contractor and making subsequent revisions to Drawings, Specifications and other documentation resulting therefrom om other than those services customarily rendered by professional architects. 3.3.4 Providingconsultation concerning replacement of Work damaged by fire or other cause during construction, and furnishingservices required in connection with the replacement of such Work. 3.3.E Providingservices made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 3.3.6 Providingdesign oviding interior and other similar services required for or in connection with the procurement selection, rocurement or installation of furniture, furnishings or related equipment. 3.3.7 Providingservices in connection with a public hearing, arbitration proceeding or legalP roceeding except where the Architect is party thereto. 3.3.8 Preparing Pre arias documents for separate or sequential bids or providing services in connectio negotiation connection with bidding, or construction prior to the completion of the Construction Documents Phase. 3,4 Optional Additional Services 3.4.1 Providing specialsurveys,ovidin environmental studies and submissions required for 7 approvals of governmental authorities or others having jurisdiction over the Project. 3.4.2 Providing services relative to future facilities, systems and equipment. 3.4.3 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. 3.4.4 Providing services to verify the accuracy of drawings or other information furnished by the Owner. 3.4.E Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. 3.4.6 Preparing a set of mylar record drawings showing significant changes in the Work made during construction based on marked-up prints, drawings and other data furnished by the Contractor to the Architect. 3.4.7 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 3.4.8. Providing services to the Owner after Completion of the Work. 3.4.9 Providing services of consultants for other than architectural, structural, mechanical, civil engineering and landscape architect and electrical engineering portions of the Project provided as a part of Basic Services. 3.4.10 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. ARTICLE 4: OWNER'S RESPONSIBILTI'IES 4.1 The Owner shall provide information regarding requirements for the. Project, including a list of space requirements. 4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. after input by the Architect. 4.3 If requested by the Architect, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement. 8 4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progressof the Architect's services. 4.5 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. .All the information on the survey shall be referenced to a project benchmark. Owner will furnish copies of all studies and data available to Owner. 4.6 The Owner shall furnish the services of geotechnical engineers when such services are requested by the Architect and approved by Owner. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate professional recommendations. 4.7 The services, information surveys and reports required by Paragraphs 4.5 through 4.6 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely.upon the accuracy and completeness thereof. 4.8 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4.9 The proposed language of certificates or certifications requested of the Architect or Architect's consultants shall be submitted to the Architect for review and approval at least 14 days prior to execution. The Owner shall not request certifications that would require knowledge or services beyond the scope of this Agreement. ARTICLE 5: CONSTRUCTION COST 5.1 Definition 5.1.1 The Construction Cost shall be the total cost to the Owner of all elements of the Project designed or specified by the Architect. 9 5.1.2 The Construction Cost shall include the cost at current market rates of construction labor and materials furnished by the Contractor and equipment designed, specified, selected or specially provided for by the Architect, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. 5.1.3 Construction Cost does not include the compensation of the Architect and Architect's consultants, the costs of the land, rights-of-way, financing or other costs which are the responsibility of the Owner as provided in Article 4. 5.2 Responsibility for Construction Cost 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent the bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect. However, Architect will use reasonable care and diligence to monitor construction costs and to project budget and to advise Owner and obtain Owner's approval of project budget changes or costs in excess of any estimate. 5.2.2 A fixed limit of Construction Cost shall be established as a condition of this Agreement. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction, subject to Owner's approval. 5.7.3 If the Bidding has not commenced within 60 days after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost may be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. 5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Subparagraph 5.2.3) is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; 10 .3 abandon the project. If terminated, it shall be in accordance with paragraph 7.5. .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, the Architect, without additional charge, shall modify the Contract Documents as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of Contract Documents shall be the limit of the Architect's responsibility arising out of the establishment of a fixed limit. ARTICLE 6: USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 All documents including, but not limited to, reproducible mylar tracings, drawings, estimates, field notes, investigations, design analysis, and studies which are prepared in theerfo�ce of this Agreement are to be and remain the property of the Owner and are to P be delivered to the Owner reproducible mylars before the final payment is made to the Architect. Originals shall remain with the Architect. ARTICLE 7: TERMINATION, SUSPENSION OR ABANDONMENT 7.1 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Architect's services. 7.2 This Agreement may be terminated by the Owner or Architect upon not less than fourteen (14) days written notice. If the Project is abandoned by the Owner for more than 90 consecutive days, the Architect may terminate this Agreement by giving written notice. 7.3 Failure of the Owner to make payments to the Architect in accordance with this Agreement shall be considered substantial nonperformance and cause for termination unless such failure is due to nonperformance by the Architect. 7.4 If the Owner fails to make payment when due the Architect for services and expenses, the Architect may, upon fourteen (14) days written notice to the Owner, suspend performance of services under this Agreement. Unless payment in full is received by the Architect within fourteen (14) days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. 11 7.5 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due. ARTICLE 8: ARBITRATION 8.1 Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement or breach thereof shall be subject to and decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise. 8.2 Demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statutes of limitations. 8.3 No arbitration arising out of or relating to this Agreement shall include, by consolidation, joinder or in any other manner, an additional person or entity not a party to this Agreement, except by written consent containing a specific reference to this Agreement signed by the Owner, Architect, and any other person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by the parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. 8.4 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 8.5 Mediation. In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the client and the Design Professional agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. The Client and the Design Professional further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, subconsultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. 12 ARTICLE 9: MISCELLANEOUS PROVISIONS 9.1 Unless otherwise provided, this Agreement shall be governed by the law of the principal place of business of the Town of Oro Valley. 9.2 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither Owner nor Architect shall assign this Agreement without the written consent of the other. Further, it is agreed that na d c ann will be the landscapearchitect assigned as principal and primary landscape architect in charge of the project. The firm may assign other landscape architects .......................... or personnel to work under the direction of the primarylasape architect. However, this contract is agreed not to be assignable and may be terminated by Owner in the event that the primary ....................... aiscape architect is unavailable or otherwise unable to complete the project. Termination shall be as set forth in paragraph 7.5, upon fourteen (14) days notice by the Owner of its intent to terminate. 9.3 This Agreement represents the entire and integrated agreement between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 9.4 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 9.5 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. 9.6 The Architect shall have the right to include representations of the design of the Project, including photographs of the exterior and interior, among the Architect's promotional and professional materials. The Architect's materials shall not include the Owner's confidential or proprietary information. 9.7 Insurance 9.7.1 Architect shall provide for its own public liability insurance, Errors and Omissions Insurance, and general liability insurance each in the amount of not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000). Architect shall prior to the execution of this Contract deposit with Owner satisfactory proof of the existence of such policies, including but 13 not limited to a photocopy of the actual policy showing such coverage. Each such policy shall further contain provisions that such insurance is primary coverage and will not be cancelable by the insurer except after filing with Owner thirty (30) days written notice of any proposed cancellation. Further such policies shall be kept in effect by the Architect throughout the term of this Agreement. Architect shall provide proof of current coverage upon request by the Owner. The Architect agrees, to the fullest extent permitted by law, to indemnify and hold the Client harmless from any damage, liability or costs (including reasonable attorneys' fees and costs of defense) to the extent caused by the Architects negligent acts, errors or omissions in the performance of professional services under this agreement and those of his or her subconsultants or anyone for whom the Architect is legally liable. The Town agrees, to the fullest extent P er:r,itted by law, to indemnify and hold the Architect harmless from any damage, liability or costs (including any reasonable attorneys' fees and costs of defense) to the extent caused by the Town's negligent acts, errors or omissions and those of his or her contractors, subcontractors or consultants or anyone for whom the Town is legally liable, and arising from the project that-this is the subject of this Agreement. 9.8 Performance Standards. All services of Architect hereunder shall be performed in ........................ ......................... a professional manner, consistent with the professional standards for registered architects,> he to :: + . ARTICLE 10: INDEPENDENT CONTRACTOR 10.1 The parties stipulate and agree that Architect is not an employee of Owner, and is performing its duties hereunder as an Independent Contractor, supplying its own employees, and maintaining its own insurance, workman's compensation insurance, and handling all of its own internal accounting. The Owner in no way controls, directs or has any direct responsibility for the actions of the Architect herein. 10.2 The Architect shall further be responsible for compliance with the United States Immigration Reform and Control Act of 1986, and shall indemnify and hold harmless the Owner for any liability arising from failure of the Architect to comply with said Act. Said indemnification to include the costs of suit pursuant to this Agreement. 10.3 The Architect shall further be responsible for compliance with the Americans With Disabilities Act of 1990 and shall indemnify and hold harmless the Owner for any liability arising from failure of the Architect to comply with said Act. Said indemnification to include the costs of suit pursuant to this Agreement. 10.4 Non-Discrimination. The Architect agrees to be bound by applicable state, local and federal laws and rules governing Equal Employment Opportunity and Non-Discrimination and shall indemnify and hold harmless the Owner for any liability arising from failure of the Architect to comply with said Act. Said indemnification to include the costs of suit pursuant to this Agreement. 14 ARTICLE 11: PAYMENTS TO THE ARCHITECT 11.1 Direct Personnel Expense 11.1.1 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. Direct personnel expenses shall be the responsibility of the Architect. They are included in the fee for basic services and in the compensation for additional services rates. 11.2 Reimbursable Expenses 11.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and consultants in the interest of the Project, as identified in the following clauses. 11.2.1.1 Expenses in connection with authorized out-of-town travel; long-distance communications; and fees paid for securing approval of authorities having jurisdiction over the Project. 11.2.1.2 Expense of reproductions, postage and handling of Drawings, Specifications and other documents. However, expenses of reproduction for meetings and presentation of Drawings in plan development are the expense of the Architect. 11.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 11.2.1.4 Expense of renderings, models and mock-ups requested by the Owner. However concept renderings, project presentations, including sketch renderings, are included. 11.2.1.5 Expense of additional insurance coverage or limits, including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and Architect's consultants. 11.3 Payments on Account of Basic Services 11.3.1 Payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Subparagraph 12.1. 11.3.2 When compensation is based on a percentage of Construction Cost and any 15 portionsJ of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent final design services are performed on those portions, in accordance with the schedule set forth in Subparagraph 12.1, based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project. 11.4 Payments on Account of Additional Services 11.4.1 Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. These statements are subject to review and approval by Owner. 11.5 Payments Withheld 11.5.1 No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect is responsible. 11.5.1.1 If through any cause, the Architect shall fail to fulfill in timely and proper manner his obligations under this contract or if the Architect shall violate any of the covenants, agreements, or stipulations of the contract, all remaining payments shall be subject to withholding for the purpose of setoff until such time as the exact amount of damages due the Owner from the Architect is determined by a court of competent jurisdiction. Further, it is agreed that in the event that the Architect fails to fulfill his obligations in a timely and proper manner, the Architect shall be responsible for all costs of procuring additional planning services to fulfill the terms of this Agreement. 11.6 Architect's Accounting Records 11.6.1 Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. 16 ARTICLE 12: BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 12.1 Basic Compensation 12.1.1 For basic services,as described in Article 2,Basic Compensation shall be computed as follows: • • 'a' - . . . • 4. : - ri `Z: Z • . : ; :• • - - -- •Z ' Schematic Design Phase: percent( %) Design Development Phase: percent( %) Construction Document Phase: percent( %) Bidding and Negotiations Phase percent( %) Construction Phase percent( %) Total Basic Compensation 100% The Total Fee shall be-as-fellewsi Payment to Architect shall be: Total Fee$ 12.1.2 :&:iiiii#44:4****4.t...i§##t:::::000.ttqig# 14##404i50**vpix.no#00awpiim#i:004 nottwx$110200I001031:ii4imiiivto:bm:#0•:::oti:ifti:ofoliow.iiigiioNaiworirooirot bolo ••••••••••••,•••••••••••••:::•••••••••••••••::•-•••••••••••• •••••••••••••••••••••••••••••••••••••••••••"••""•"••"""••"•:::••••••••••••:-:::•••••••••,•••,•••••••••••••••••••••••••••••• • • 000.j:k44.00tookoatiothottookliiokootutwajohoigottootofid*:::AttoOmg4t Fee as Percentage of Thsk Pee Cänstruction Budget Basic Design Services $ 122,000+00 4.78% P1.0j000.14# 00000 Topographic Mapping $6,100.00 0.2(3% Hydrology Report Traffic Impact Analysis $4,500.00 0341;.% Native Plant Salvage Plant CD's $ 5,800.00 (YaZi% Code Compliance Landscape Plan $4,500.00 oagii% :•:•:•:•••••••:•:•:•••••••:::•:•:•:••••:•-••••••••••••••••••••-••••••••••••-•-•:::•• Development Plan $13,200.00 052i% DRB/Council!PBAB Presentations $ 1,500.00 0.06 % Stake Limits of Grading $900.00 0.04% Utility Easement Legal Descriptions $ 1,000.00 0441% Services During Bidding $ 1,500.00 0.06% Services During Construction $10,500.00 pAri Total $ 176,200.00 %1.091i:% 17 12.2 Compensation for Additional Services 12.2.1 Compensation for additional services as set forth in Article 3 and subject to prior approval by the Owner, in writing, shall be completed at the man-hour rates as set forth as follows: .:..:.... . P .............. . ................... gogr .sty..0 c . $75... fir:: Registeredkiine :: .. Rogigotqpifickohitocaligigo.olge,:i no pt4f.:**y:..:CM:ir000ioig:gglrsojppggicoottootitoilopotorsommiliiiiiiA5%iwygo 00441gaszemolusignEsslumiti The following additional charges shall apply: SPECIAL SITE INSPECTIONS: Charged at rate commensurate With professional doing work. SITE VISIT TRAVEL COSTS: 1 ......�.:.................:a .....�:.....-.................................. 18 12.3 Reimbursable Expense Billings 12.3.1 For Reimbursable Expenses, Architect will be paid as set forth in 11.3.1 and reimbursable expense billings shall be at the rate of 1.15 times the cost to Architect. 12.4 Additional Provisions 12.4.1 If the Basic Services covered by this Agreement have not been completed within twelve (12) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Subparagraphs 11.3.3 and 12.3.1. 12.4.2 Payments are due and payable thirty (30) days from the date of the Architect's invoice. Amounts unpaid thirty-one (31) days after the invoice date shall bear interest at the rate of EIGHT PERCENT (8%) PER ANNUM, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. This Agreement entered into as of the day and year first written above. OWNER ARCHITECT (Signature) (Signature DoNAZiO fl Mc 6/1701/ PRES/00/1/r (Printed name and title) (Printed name and title) OWNER/TRUSTEE OWNER (Signature) (Signature) Kathryn E. Cuvelier, Town Clerk Tobin Sidles, Town Attorney (Printed name and title) (Printed name and title) 19 Attachment "A" to Contract for Landscape Architectural and other Professional Design Services 1.0 Basis of Design: The Conceptual Master Plan for the Canada del Oro Riverfront Park as approved by the Town of Oro Valley Mayor and Council on December 17, 1997 shall serve as the basis for park facility design. 2.0 Project Budget: The budget for the design and construction of Phase One Improvements at the Canada del Oro Riverfront Park is $2,554,132.00. This budget includes both on-site and off-site improvements as follows: On-Site (Park) Improvements $ 2,514,132.00 Off-Site (Lambert Lane Roadway) Improvements $ 40,000.00 Total Project Development(Design and Construction) Budget $ 2,554,132.00 3.0 Pre-Design Services: The following services shall be performed prior to the start of detailed facility design. 3.1 Coordination with the Arizona State Museum: A description of the project site shall be provided to the Arizona State Museum(ASM) along with a letter requesting a search of the Museum's records for recorded cultural resources sites potentially present on the project site. 3.2 Coordination with the Pima County Parks Department: The following information shall be received from the Town, copied, and delivered to the Pima County Parks Department to demonstrate that various items included in the Inter-Governmental Agreement(IGA) between the Town of Oro Valley and Pima County have been addressed. 3.2.1 Final Report pertaining to the Cactus Ferruginous Pygmy Owl Survey of the project site as previously performed by Scott Bailey, Biologist,WestLand Resources, Inc.. 3.2.2 Phase One Environmental Assessment of the Project site as prepared for the previous owners of the project site and as provided by the Town. 3.2.3 A copy of the Arizona State Museum's letter related to the presence/absence of recorded cultural resources on the project site. 4.0 Facilities and Improvements to be included in Phase One: 4.1 Subject to limitations of available funding the following improvements shall be included in the scope of the Phase One Construction Document Package. Canada del Oro Riverfront Park-Phase One Development Project Attachment"A" -Page 1 of 8 4.1.1 Turn lanes and other safety improvements to Lambert Lane as recommended by the approved Traffic Impact Analysis . 4.1.2 Site grading and earthwork for the portions of the park to be developed. (Grading for areas outside the limits of Phase One Improvements may be necessary to provide for a balanced cut-and-fill condition on the site). 4.1.3 Parking Lot, service drive, and equestrian staging parking area. 4.1.4 Stormwater drainage improvements as recommended by the approved Hydrology Report and required for Phase One improvements. 4.1.5 Potable water distribution system for Phase One facilities with stub-outs for all future connections, as-needed. 4.1.6 Sanitary sewage system for Phase One facilities with stub-outs for all future connections, as-needed. 4.1.7 Electrical service and site distribution system for Phase One facilities with stub-outs for future connections, as-needed. (The electrical service shall be designed to accommodate all anticipated electrical loads within the overall park.) 4.1.7.A. In addition to stub-outs at the future (permanent) outdoor performance center building, the electrical system in this area shall include outlets in this location, housed in weather-tight, lockable enclosures, that can be used as the source of power for the temporary set-up of sound and lighting systems. 4.1.8 Field lighting for two little league baseball/softball fields and two soccer fields. 4.1.9 Pedestrian walkways as required to provide ADA compliant access to Park facilities. 4.1.10 Entry plaza paving and planters. 4.1.11 Planting, irrigation, fencing, and dugout improvements for two Little League baseball or Bobby Sox softball fields. 4.1.12 Planting, irrigation, and fencing improvements for two soccer/multipurpose field. 4.1.13 Planting, irrigation, and related improvements for the outdoor performance facility turf grass seating area. 4.1.14 One prototypical rest-room building that can be adapted and constructed in multiple locations. 4.1.15 One prototypical concession building that can be adapted and constructed in multiple locations. Canada del Oro Riverfront Park-Phase One Development Project Attachment"A" -Page 2 of 8 4.1.16 One prototypical ramada building that can be adapted and constructed in multiple locations. 4.1.17 Playground area with perimeter fencing and appropriate surfacing material (to accommodate play equipment selected by the Town). 4.1.18 Perimeter post-and-cable barriers and/or fencing with gates as required for site access control. 4.1.19 An accessible, hard-surfaced walking path around the perimeter of the developed portion of the park. 4.1.20 A sand volleyball court. 4.1.21 Horseshoe pits. 4.1.22 A maintenance/storage area with perimeter screen wall. 4.1.23 Other incidental improvements as identified in the Park Master Plan. 4.2 The Architect shall inform the Town at the time of the 75%Design Submittal of estimated construction costs that exceed the available construction funding. The Town shall direct the Architect as to which facilities and improvements are to be deleted from the scope, or made add-alternates to the Phase One construction document bid package. 5.0 Phasing of the Work Construction documents shall be prepared for two separate phases of construction. These phases shall be as follows: 5.1 Native Plant Salvage Phase 5.2 Phase One Park Improvement Phase 6.0 Native Plant Salvage Phase-Progress Submittals 6.1 Code Compliance Native Plant Salvage Plan Submittal The Architect shall conduct an inventory and assessment of the existing vegetation on the site and shall prepare a Salvage Plan in accordance with Article 14-1 of the Oro Valley Zoning Code. 6.1.1 Deliverables (Code Compliance Native Plant Salvage Plan) Three(3) full-size blueline prints and twenty(20) 11 x 17 xerox reductions of the Salvage Plan. 6.2 Native Plant Salvage Plan Bid Documents Canada del Oro Riverfront Park-Phase One Development Project Attachment"A" -Page 3 of 8 The Architect shall add notes, details, and specifications to the approved Native Plant Salvage Plan as required for bidding of the work. 6.2.1 Deliverables (Native Plant Salvage Plan Bid Documents) A. One (1) set of sealed vellum plots of the drawings and one copy of the specifications and cost estimate, as applicable. 7.0 Phase One Park Improvements -Progress Submittals 7.1 Development Plan and Landscape Plan: The Architect shall prepare a Development Plan and a Landscape Plan for the project site in accordance with Chapters 4 and 14 of the Oro Valley Zoning Code. To the greatest extent possible, the information developed for the 75%Construction Document submittal shall be utilized (and will be acceptable to the Town) for the Development Plan submittal. 7.2 75%Construction Document Submittal: The Architect shall prepare and submit 75%complete plans and related documents to the Town of Oro Valley for review by Town staff,the Development Review Board,the Parks and Recreation Advisory Board, and the Parks Planning Advisory Committee. The documents to be included with the 75%Construction Document Submittal shall be as follows: 7.2.1 Plans: It is anticipated that the plans may include: A. Cover Sheet B. Site Plan C. (Parking Lot and Service Drive) Paving and Drainage Plan(s) D. Site Grading and Earthwork Plan(s) E. Sanitary Sewer Plan(s) and Details F. Potable Water Plan(s) and Details G. Site Electrical Plan(s) and Details H. Field/ Court Lighting Plan(s), Details, and Photometric Diagrams I. Light Pole and Footing Structural Plans and Details J. Sidewalk/Path/Hardscape Plan(s) and Details K. Planting and Surfacing Plan(s) and Details L. Irrigation System Plan(s) and Details M. Rest-Room Plan(s) and Details N. Ramada Plan(s) and Details O. Fencing Plan(s) and Details P. Concession Building Plan(s)and Details Q. Playground Plan(s) and Details R. Temporary Stage"Pad"for Outdoor Performance Area-Plan(s)and Details S. Tennis/Multi-Purpose Court and Fencing Plan(s) and Details Canada del Oro Riverfront Park-Phase One Development Project Attachment"A" -Page 4 of 8 7.2.2 Hydrology Report The brief hydrology report shall address "pre"and"post"construction storm water run-off from and across the project site. The report shall also summarize the findings and recommendations of previous hydrology studies performed for this and adjacent sites related to the erosion setback associated with the Canada del Oro Wash at the project site. 7.2.3 Traffic Impact Analysis A brief traffic impact analysis/report shall be prepared and submitted to the Town. The analysis shall address the pedestrian/vehicular interface at the park entry and shall include recommendations for turn lanes and other appropriate safety improvements at the intersection of the park entry drive and Lambert Lane. 7.2.4 Construction Cost Estimate An estimate of probable construction costs associated with the proposed Phase One improvements shall be prepared and submitted to the Town. 7.2.5 Outline Specifications: An outline of technical specifications to be included in the final bid package shall be prepared and submitted with the 75%Design Submittal. 7.2.6 Deliverables (75%Design Submittal) T. Plans: Twenty-four(24) sets of 11" x 17" drawing reductions. U. Hydrology Report: One(1) copy V. Traffic Impact Analysis: One (1) copy W. Construction Cost Estimate: Five (5) copies X. Outline Specifications: Five (5) copies 7.3 100%Construction Document Submittal The Architect shall integrate comments received from the Town of Oro Valley related to the 75%submittal and prepare and submit final (100%complete)plans, specifications, and construction cost estimates for the proposed Phase One improvements. Final documents shall include: 7.3.1 Plans: It is anticipated that the plans may include: A. Cover Sheet with appropriate signature blocks. B. Site Plan C. (Parking Lot and Service Drive) Paving and Drainage Plan(s) D. Site Grading and Earthwork Plan(s) E. Sanitary Sewer Plan(s)and Details F. Potable Water Plan(s) and Details G. Site Electrical Plan(s) and Details H. Field/Court Lighting Plan(s) and Details Canada del Oro Riverfront Park-Phase One Development Project Attachment"A" -Page 5 of 8 I. Light Pole and Footing Structural Plans and Details J. Sidewalk/Path/Hardscape Plans and Details K. Planting/ Surfacing Plans and Details L. Irrigation System Plan(s) and Details M. Rest Room Plan(s) and Details N. Ramada Plans and Details 0. Fencing Plans and Details P. Concession Building Plan(s) and Details Q. Playground Plan(s) and Details R. Temporary Stage"Pad"for Outdoor Performance Area-Plan(s)and Details S. Tennis/Multi-Purpose Court and Fencing Plan(s) and Details 7.3.2 Specifications Technical specifications, in CSI format, for Phase One improvements shall be prepared and submitted. 7.3.3 Construction Cost Estimate An estimate of probable construction costs associated with the proposed Phase One improvements shall be prepared and submitted. 7.3.4 Deliverables (100%Design Submittal) A. Plans: One(1) set of sealed vellum plots B. Specifications: One(1) unbound original C. Construction Cost Estimate: One(1)unbound original 8.0 Meetings The Architect shall participate in the following design review and coordination meetings. 8.1 Design Review and Coordination Meetings: 8.1.1 Three(3)meetings with Town staff scheduled as-needed. 8.1.2 Two(2)meetings with the Parks and Recreation Advisory Board 8.1.3 One(1)meeting with the Parks Planning Advisory Committee 8.2 Presentations to the Development Review Board 8.2.1 One (1)pre-submittal briefing. 8.2.2 One(1)presentation of the Native Plant Salvage Plan 8.2.3 One(1)concurrent presentation of the Development Plan and Landscape Plan. 8.3 Presentations to the Oro Valley Town Council 8.3.1 One (1) presentation of the Native Plant Salvage Plan 8.3.2 One(1) concurrent presentation of the Development Plan and Landscape Plan. Canada del Oro Riverfront Park-Phase One Development Project Attachment"A" -Page 6 of 8 9.0 Coordination of Public Art Element 9.1 The Architect shall assist the Town with the design of public art for the project site. Services to be provided by the Architect are: 9.1.1 The provision of existing maps and descriptions of the park for attachment to the "Call-to-Artists." 9.1.2 Participation in the preliminary review of artist submittals and in the selection of a "short-list"of artists to be interviewed. 9.1.3. Participation in the review of models/presentations by the short-listed artists and in the selection of the a project artist. 9.1.4. Coordination with the selected artist as required to ensure that the public art designed for the project is fully integrated with overall site improvements. 10.0 Submittals to the Pima County Parks Department The Architect shall make the following submittals to the Director of the Pima County Parks Department. 10.1 Preliminary(75%) Construction Documents: One set of 11" x 17" drawing reductions. 10.2 Final (100%) Construction Documents: One set of full-size blueline prints of the drawings and one copy of the project specifications. 11.0 Services During Bidding The Architect shall assist the Town during the project bidding phase. Services to be provided shall be as outlined in the Contract for Landscape Architectural and other Professional Services. 12.0 Services During Construction The Architect shall assist the Town during the project construction phase. Services to be provided shall be as outlined in the Contract for Landscape Architectural and other Professional Services. 13.0 Project Schedule Except as may be approved by the Town of Oro Valley, project work shall be completed in accordance with the following schedule: Phase/Task: Days: Survey Work Completed 30 Days after Notice-to-Proceed Development Plan Submitted to DRB 90 Days after Notice-to-Proceed Traffic Report/Hydrology Report Submitted to DRB 90 Days after Notice-to-Proceed Native Plant Salvage Plan Submitted to DRB 90 Days after Notice-to-Proceed Canada del Oro Riverfront Park-Phase One Development Project Attachment"A" -Page 7 of 8 Final Native Plant Salvage Plan Bid Documents 20 Days after DRB/ Council Approval 75%Construction Document Submittal 60 Days after Development Plan Approval 100%Construction Document Submittal . . 45 Days after Receipt of(75%) Review Comments Within 15 days of the Notice-to-Proceed,the Architect shall prepare and submit a detailed schedule identifying start and completion dates for all major project tasks. The schedule shall show actual dates for DRB and Council meetings at which the plans will be reviewed/approved. The Schedule shall be updated as-needed during the course of the project. 14.0 Information to be Provided by the Town of Oro Valley The Town of Oro Valley shall provide, in a timely manner,the following information and services: 13.1 Topographic Mapping: Hardcopy and digital (AutoCad Rel. 13 compatible) files of the topographic map of the project site with appropriate vertical controls and with tie-ins to the property boundary. 13.2 Geotechnical Report: A copy of the Geotechnical Report as prepared for the apartment project proposed by the previous owners of the project site. 13.3 Phase One Environmental Assessment: A copy of the Phase One Environmental Assessment Report as prepared for the apartment project proposed by the previous owners of the project site. Canada del Oro Riverfront Park-Phase One Development Project Attachment"A" -Page 8 of 8 McGann & Associates Landscape Architects and Planners 6814 North Oracle Road, Suite 210 Tucson, Arizona 85704 (520)297-9540 Fax: (520)297-9545 September 4, 1998 Mr. Ken Lawrence Parks Administrator Town of Oro Valley 680 West Calle Concordia Oro Valley, Arizona 85737 Ref: Canada del Oro Riverfront Park Dear Ken, McGann & Associates is pleased to submit this proposal for professional design services related to the Canada del Oro Riverfront Park project. Our proposed fee for the services outlined in the Contract for Landscape Architectural and other Professional Design Services, and Attachment "A"is $176,200.00. This amount, which includes pre-design, design, construction phase, and other specified services, represents approximately 6.9% of the estimated project construction cost. The subconsultants we propose to utilize on the project are as follows: Civil Engineering: MMLA Engineering Land Surveying: MMLA Engineering Traffic Engineering: Catalina Engineering Architecture: GLHN Architects and Engineers Electrical Engineering: GLHN Architects and Engineers Mechanical Engineering: GLHN Architects and Engineers Structural Engineering: Turner Structural Engineering Please contact me by phone if you have any questions related to this proposal. We look forward to working with you on this most exciting project. cerely, / Donald K. Mcd.ann McGann & As •ciat=s Inc. x.c. File P8-945 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: 9/16/98 TO: HONORABLE MAYOR AND COUNCIL FROM: Tobin Sidles, Town Attorney SUBJECT: Resolution No. (R) 98- 69 , Approval of agreement with Greater Oro Valley Arts Council (GOVAC). SUMMARY: Attached please find a copy of a proposed agreement with the Greater Oro Valley Arts Council regarding Town sponsored funding of this organization for promotion of arts related activities within the greater Oro Valley area. The proposal was initially discussed at a study session and the Community Services Director and Town Attorney were directed to create such an agreement. You received draft copies of the proposed agreement approximately one week ago. As of the date of this communication, no comments have been received. ATTACHMENTS: 1)Resolution No.(R)98- 69 ,Proposed agreement between the Town and GOVAC with Exhibits. FISCAL IMPACT: See the attached Exhibit"B" for a breakdown of Town related costs. RECOMMENDATIONS: Acceptance is recommended. SUGGESTED MOTION: I move that we accept Resolution(R)98- 69 plus all attachments or I move that we accept Resolution(R)98-69 with the following changes: or I move that we deny Resolution(R)98- 69 • :I'Vil ' / Sign ure of Depart t Head own Manag• 's Review RESOLUTION NO. (R) 98- 69 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING THE EXECUTION OF A MASTER OPERATING AGREEMENT AND ATTACHMENTS BETWEEN THE TOWN OF ORO VALLEY AND THE GREATER ORO VALLEY ARTS COUNCIL (AKA GOVAC) WHEREAS, the Town of Oro Valley has the responsibility of caring for the welfare of its citizens; and WHEREAS, citizen welfare includes a promotion of arts and cultural events; and WHEREAS, it has been determined that it is in the best interests of the Town and its citizens to enter into a master operating agreement agreement with the Greater Oro Valley Arts Council in order to promote art and cultural events for the Town's citizens and the greater Oro Valley community; and WHEREAS, the approval of this agreement will further this goal, and is hereby determined to be in furtherance of the public health, safety and welfare of the citizens of the Town; NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA AS FOLLOWS: 1 . That the attached Master Operating Agreement plus attachements is hereby approved. 2. That the Mayor of the Town of Oro Valley and all necessary administrative officials and employees are hereby directed and authorized to take all necessary steps related to the execution of said agreement. 3. That this is the final agreement between the parties, and the parties agree that this document and agreement will be binding absent any written modifications. 4. That if any part of this agreement is found to be invalid or void by a court of competent jurisdiction, that portion is severable and will not affect the rest of the document. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 16TH day of SEPTEMBER , 1998. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Tobin Sidles, Town Attorney MASTER OPERATING AGREEMENT WITH THE GREATER ORO VALLEY ARTS COUNCIL (AKA GOVAC) By this Master Operating Agreement, hereinafter referred to as "Agreement", made and entered into this 16TH of September , 1998, between the Town of Oro Valley, Arizona, a municipal corporation, hereinafter referred to as "Town", and the Greater Oro Valley Arts Council, hereinafter referred to as "GOVAC", the Town and GOVAC do hereby confirm and agree as follows: WBEREAS, on , GOVAC was created as a private non-profit corporation under the auspices of IRS Regulation 501(c)(3); and WHEREAS, it is the intent of the Town, subject to the provisions of the State spending and budget laws, to provide funding for GOVAC consistent with the Mayor and Council of the Town of Oro Valley; and WHEREAS, GOVAC agrees to perform certain services for the Town as a condition of such funding; and WHEREAS, the Town and GOVAC desire to establish a general framework for future cooperative efforts, especially the general procedures by which GOVAC will initiate, encourage, deliver and support arts and cultural activities for the Town, NOW THEREFORE, in consideration of the foregoing, the parties mutually agree as follows: ARTICLE 1 RESPONSIBILITIES OF THE PARTIES SECTION 1.1: Goals and Responsibilities of GOVAC GOVAC hereby acknowledges and accepts its designation as the official arts agency for the Town of Oro Valley. In furtherance of this responsibility, GOVAC will work closely to encourage the arts in Oro Valley with artists, musicians, and other cultural organizations. GOVAC will provide planning, financial support, and services to artists, art organizations, and other art and cultural programs. GOVAC will encourage support of the arts of government, educational institutions, and the private sector through pursuit of the following: A. GOALS 1. To create within the community a climate wherein the arts may flourish through the active participation and cooperation of government, business, education, and the private sector; 2. To stimulate and preserve the broad spectrum of the area's cultural activities, being especially aware of the area's rich cultural tradition; and 3. To create a public forum wherein issues affecting the arts may be openly addressed. B. RESPONSIBILITIES OF GOVAC When appropriate, and when time staff and funds permit: 1. To act as an advisory body on the arts and culture to the Town. 2. To review funding requests and advise the Council and the Public Art Review Committee how public monies shall be allocated to those arts and cultural organizations seeking funding. 3. To establish criteria for grants that are consistent with stated goals. 4. To maintain procedures which include a broad spectrum of community input in the grant programs. 5. To promote democratization of the arts, particularly by assisting groups that attempt to reach a broader segment of the community than the traditional arts patrons. 6. To promote multi-cultural character by increasing public awareness of its cultural diversity. 7. To coordinate and assist with identification of facilities for small, minority and other expansion arts groups. 8. To develop and implement programs to increase audiences and assist in marketing for multi-cultural festivals and ethnic and expansion arts organizations. 9. To plan and promote programs to assist area arts and culture organizations in gaining access to resources, through the provision of technical assistance, coordination and related services. 10. To provide a broad range of informational services to increase public awareness and use of artists and arts agencies. 11. To improve the administrative abilities of arts agencies, through individual consultation and technical assistance workshops. 12. To advise the business community concerning opportunities to (a) support the arts for benefit of the community and (b) effectively use arts programs and techniques in the business sector. 13. To facilitate the identification and acquisition of public meeting, exhibition, and performance space for use by arts and cultural organizations. 14. To assist the Public Arts Review Committee (P.A.R.C.) in the development of the arts by issuing recommendations to that committee and by encouraging community support for P.A.R.C. recommendations. 15. To encourage and increase business involvement and support for the arts in coordination with other community organizations. 16. To sponsor and support community programs and projects, as well as develop and implement programs and projects that enrich the cultural life of the community. 17. To supplement the Arts Council funding from local government by: - Seeking funding from appropriate local, state, and national pubic and private sources, and - Maintaining revenue generating activities which complement the efforts of local artists and arts agencies. 18. To plan and support programs which extend community arts resources to school age youth, to work with existing programs, and to heighten awareness of the value of the arts education. 19. To plan and support programs to increase awareness of the economic role of the arts in our society. 20. To identify new programs which will benefit the community, and to seek input from other interested and affected arts and community organizations in determining whether it is in the community's best interest for GOVAC or another organization to administer such programs. 21. To provide major community-wide art events per year. 22. To hire and maintain an Executive Director to act as a point person coordinator with appropriate Town staff. 23. To maintain its non-profit 501(c)(3) status at all times. 24. To have regularly scheduled Board meetings open to the public on a monthly basis, unless there is no business. Meeting dates and times shall be posted in a conspicuous place at the office of the GOVAC Executive Director. SECTION 1.2: Responsibilities of the Town A. It is the Town's intent to provide funding to GOVAC. The annual appropriation shall be determined by the Mayor and Council when adopting the fiscal year budget. Disbursement of Town funding is subject to the limitations of the State Budget Law. It is anticipated that such funding will gradually diminish per capita as outside sources are developed. (See Funding.) B. The Town agrees to provide in-kind administrative assistance. Such assistance shall take the form of i) copying privileges to be determined as a line item in the Community Development budget, ii) postage privileges - which shall be properly invoiced and repaid to the Town, iii) clerical support-upon the express consent of the Department Head. The Department Head shall specify who GOVAC may use and the express duties allowed. C. The Town agrees to allow the use of Town facilities for use by GOVAC for events and festivals under the following conditions: 1. Dennis Weaver Park shall be available if properly coordinated with other activities. 2. Community building conference and meeting rooms, and the Council Chambers shall be available for use by GOVAC upon advance notice, room/building availability, and the proper insurance requirements. 3. The Town conference room may be available for GOVAC Board meetings, subject to the provisions listed above. 4. The Town shall assist GOVAC in leasing an area not on Town property up to $5000 in the first year in order to provide office space for the GOVAC Executive Director. (See Exhibit B) 5. The Town will provide electrical services, fencing services, etc. for major events at Town owned facilities through their own budgets, and at no cost to GOVAC. (See Exhibit"B"). D. It is the Town's desire that the Public Arts Review Committee (P.A.R.C.) remain a separate committee from GOVAC and have its members appointed by the Town Council. GOVAC may make recommendations to the Council of the Boards composition, and make recommendations to the Board on what GOVAC considers appropriate public art. P.A.R.C. will make any final recommendations regarding the projects to the Council. ARTICLE 2 FUNDING SECTION 2.1: GOVAC is not, nor shall it be deemed to be, a department or operating agency of the Town A. It is the Town's intent to provide funds for GOVAC, with the understanding such funding shall gradually decrease per capita over time. The Mayor and Council shall determine the annual appropriation when adopting the fiscal year budget. Such annual funding will be more fully listed in a separate financial agreement. B. Disbursement of Town funding is subject to the limitations of State Budget Law. The Town's commitment under this agreement is the amount appropriated annually by the Mayor and Council. C. In establishing an annual funding amount, the Town shall consider the level of funding provided to the Arts Council by other sources, and the proportion of services provided. D. GOVAC's annual budget will be submitted to the Town in accordance with the Town's Annual Budget Calendar, which will be provided in writing by the Department of Finance. The budget format will conform to the instructions provided in the Town's Annual Budget Instructions. All anticipated funding shall be included in GOVAC's budget and GOVAC shall clearly delineate all budgeted expenses. E. It shall be the responsibility of GOVAC to obtain funding from sources other than the Town. Financial Participation Agreements with other political subdivisions and government agencies, grants, donations, and any other sources of funding shall be described in the annual budget submission. GOVAC shall obtain Mayor and Council approval prior to applying for any matching grants involving the commitment of Town funds. F. Financial Reporting and Method of Payment: 1. Quarterly, GOVAC shall submit a Payment Proposal to the Director of Community Development detailing GOVAC's proposed expenditures for the quarter. 2. All purchase orders for expenses over $250.00 (See Exhibit "A"), or otherwise consistent with Town policy should the number change, shall be submitted to the Director of Community Development for approval prior to any purchase. Exceptions may be made only for major events, as determined by the Director of Community Development, where a lump sum payment may be available to cover anticipated weekend and last minute expenditures. In such a case, GOVAC is responsible for providing all invoices and receipts to cover the amount advanced within forty-five days of the end of the event. 3. Upon approval of the Request for Payment by the Community Development Director and after review of the previous month's financial statement, the Finance Director shall make timely payments either to or for GOVAC, except as provided in Item G following. G. The Town may withhold or nullify the whole or part of payment as may be necessary from loss on account of: 1. Services not rendered upon investigation by the Town Manager, the Community Development Director, or his designee. For purposes of this section, services not rendered shall mean failure to follow any of the Financial Participation Agreement terms, or the inability of GOVAC to produce invoices or receipts for payments made. 2. Failure to supply information or reports as required; 3. Non-compliance with agreed disbursement documentation, accounting procedures, and performance; 4. Failure of GOVAC to make payments properly to subcontractors; or 5. Failure to follow bidding guidelines according to Town policy, as more fully explained in attachment"A". When the reasons for withholding payment have been corrected to the satisfaction of the Town, any amounts due may be processed. ARTICLE 3 ACCOUNTING SECTION 3.1: GOVAC shall implement an accounting system which complies with generally accepted accounting principles and with the provisions of the AICPA Audit Guide for non-profit corporations. GOVAC shall establish and maintain a separate, identifiable accounting for all funds provided by the Town pursuant to this Agreement. SECTION 3.2: The Finance Department may perform a system evaluation of the accounting and internal controls established by GOVAC. The Town or its agency may inspect the books of GOVAC at such times that the Town deems appropriate upon ten (10) working days notice. GOVAC shall ensure that any agreements with other organizations include like provisions to this section. SECTION 3.3: Annually, within ninety (90) days after the end of the fiscal year, GOVAC shall provide to the Finance Department a copy of the financial audit by an independent Certified Public Accounting firm, along with the management letter, and GOVAC's plan for corrective action. GOVAC shall ensure that agreements with other organizations include like provisions to this section where total funds awarded by GOVAC to the organization are greater than $20,000 in a fiscal year. SECTION 3.4: The Town shall incur no liability for ineligible expenses, and such shall be the sole responsibility of GOVAC. SECTION 3.5: Unexpended Town funds in GOVAC's possession(if any) at the end of the fiscal year may either be returned to the Town, or GOVAC may hold these funds, in which case the Town will reduce its funding allocation the next year by this amount. ARTICLE 4 MISCELLANEOUS TERMS AND CONDITIONS SECTION 4.1: Duration The term of this Agreement shall be for a period of four (4) years from the date this Agreement is adopted by the parties, unless the Agreement is sooner terminated under the procedure set forth herein. Each party to this Agreement, without prejudice to any other right of remedy, and after giving the other party ninety (90) days notice, may terminate this Agreement without cause or reason. SECTION 4.2: Temporary Installation of Art Works Permission shall be granted to install art work on Town owned or leased property only after permit and safety considerations are reviewed and approved by the Town's Risk Manager and/or the Building Safety Division, or the City Engineer. All normal Town permitting processes must be followed. SECTION 4.3: Hold Harmless and Insurance Provisions A. Indemnification. GOVAC agrees to indemnify, defend, and save harmless the Town, its Mayor and Council, appointed boards and commissions, officials, officers, employees, and insurance carriers, individually and collectively from all losses, claims, suits, demands, expenses, subrogations, attorney's fees or actions of any kind and nature resulting from personal injury to any person (including bodily injury and death) or damages to any property, arising or alleged to have arisen out of either (1) GOVAC's negligent performance of the terms of this contract, or (2) any of GOVAC's or its agents negligent, reckless, or intentional acts or omissions. The amount and type of insurance coverage requirements set forth in the yearly Financial Participation Agreement will in no way be construed as limiting the scope of indemnity in this paragraph. B. Insurance. The Arts Council agrees to obtain insurance coverage of the types and amounts specified. The types and amounts are determined yearly by the Town's Risk Manager or are incorporated into the Town Statutes, Codes and Regulations. Insurance carried by the Town does not apply to employees or volunteers acting in any capacity for GOVAC. SECTION 4.4: Non-Discrimination Provisions The Arts Council agrees to comply with the provisions of the Oro Valley Code, State and Federal Law in respect to all employment opportunities arising by reason of or in connection with this Agreement, and to comply with the applicable requirements of the Americans with Disabilities Act. SECTION 4.5: Purchasing For purchasing goods and services, GOVAC agrees that it will develop and implement policies and procedures similar to the Town's that ensure, whenever feasible or practical, that there will be announced, documented competitive bidding for such contracts so that the potential effectiveness, as well as cost factors, are considered by GOVAC in the selection of said goods and services. SECTION 4.6: Conflict of Interest GOVAC agrees that the provisions of A.R.S. Title 38, Article 5, "Conflict of Interest of Officers and Employees" apply to all transactions of GOVAC. SECTION 4.7: Open Meetings GOVAC agrees to conduct its business in compliance with the provisions of A.R.S. Title 38, Article 3.1 "Public Meetings and Proceedings" as such applies and as outlined earlier in this agreement. SECTION 4.8: Performance Evaluation In order to assess the impact of the efforts of GOVAC, the Town reserves the right to evaluate performance. Information desired by the Town that is pertinent to this evaluation will be made available for this purpose by GOVAC at the Town's request within ten working days. SECTION 4.9: Financial Participation Agreement Annual appropriations to the Arts Council shall be governed by a Financial Participation Agreement with the Town. Financial Participation Agreements are only effective for one fiscal year. Town of Oro Valley Paul H. Loomis, Mayor Signed this day of , 1998 ATTEST: Kathryn Cuvelier, Town Clerk, and Not Personally APPROVED AS TO FORM: Tobin Sidles, Town Attorney, and Not Personally Greater Oro Valley Arts Council, a non-profit organization, President, on behalf of GOVAC. ' 1 EXHIBIT "A" TOWN OF ORO VALLEY STANDARD OPERATING PROCEDURE SOP NO . 2 Date Issued: July 25 , 1991 SUBJECT: PROCUREMENT OF SUPPLIES, Effective MATERIALS, EQUIPMENT Date : April 7, 1997 SERVICES, CAPITAL IMPROVEMENTS AND OTHER Cancellation ASSET ACQUISITIONS Date : Supersedes No . 2 Dated: July 22 , 1996 COPIES TO : All Department Heads and Town Council POLICY: It is the administrative policy of the Town of Oro Valley to make all procurements of goods and services with a high degree of ethical integrity and by selection of the most economical and cost effective vendors and suppliers . Procurement procedures , as outlined herein, shall be followed to establish and ensure the integrity and accountability of the Town of Oro Valley purchasing process . PROCEDURE: A. Purchasing The Town of Oro Valley shall procure supplies , materials , equipment , services , capital improvements and other asset acquisitions deemed necessary for the delivery of quality services to its citizens using competitive bids, vendor quotations, or direct purchase . A complete history of each purchase of supplies , materials, equipment or services will be maintained through the use of purchase requisitions, purchase orders, petty cash vouchers and vendor and cash disbursement files . Every effort will be made to obtain all supplies, materials, equipment and services at the most economical prices available . Under the Town' s purchasing ordinance the Town Manager is designated as Purchasing Agent . SOP No . 2 Page 2 B . Purchasing Standards All employees authorized to incur a debt for the Town of Oro Valley shall use the purchasing process requirements pursuant to this Standard Operating Procedure and shall comply with the following purchasing standards : 1 . The authority to incur a debt on behalf of the Town of Oro Valley is a public trust and each purchase shall be treated in a manner that will not in any way be adverse to the interest of the Town. 2 . That each purchase shall be made impartially, fairly and without benefit or hint of personal benefit to the Town representative who is making the purchase . 3 . No employee of the Town shall demand or accept a gratuity of any kind in return for making a purchase for the Town. Gratuities shall mean gifts, money or services or the promise of any gifts, money or services . 4 . All vendors shall be dealt with in a fair, courteous and honest manner. C. Expenditure and Bid Limitations 1 . Expenditures whose aggregate amount is $250 or less may be made at the discretion of the Department Head without a Town purchase order. Proper receipts must be obtained to account for the purchase . Such receipts must be initialled by the Town employee receiving the goods or services and the Department Head before payment of invoice . Purchases made through use of the petty cash fund shall be limited to $20 or less . Employee reimbursements or cash advances for minor expenses must be adequately documented with proper receipts and initialled by the employee and Department Head. Such receipts and an accounting of the petty cash fund shall be maintained by the custodians of petty cash on a daily basis . Finance Department personnel shall determine on a case-by-case basis the 1160, amount of each petty cash fund to be established for the purpose . SOP No . 2 Page 3 2 . Whenever any contemplated purchase or contract for services is less than $1, 000 , the Town Manager may make a decision regarding the proposed purchase without obtaining vendor quotations or competitive bids . 3 . Whenever any contemplated purchase or contract for services is for the sum of at least $1, 000 but not more than $10 , 000 the employee wishing to make the purchase shall obtain, whenever possible, at least three (3 ) written vendor price quotations and present them with a recommendation and purchase requisition. 4 . Whenever any contemplated purchase or contract for services is for the sum of $10 , 000 or more, the Department Head shall prepare and submit to the Town Manager a notice inviting bids for the proposed purchase . The notice herein required shall include a general description of the articles to be purchased or services to be performed and the time and place for opening bids . The Town Clerk shall cause this notice to be published at least ten (10) days prior to the date set for the receipt of bids in two (2) issues of a newspaper of general circulation in the Town, and shall also post this notice in Town Hall . In addition, the Town Manager or his designee may mail to responsible prospective suppliers a copy of the notice inserted in the newspaper. When bids are received, the Town Manager or his designee shall present them to the Council for approval and advise the Council of the advantages and disadvantages of contract and bid proposals . D. Bidding Procedures The Town Manager and all parties contracting with the Town shall follow the procedure as herein set forth: 1 . All notices and solicitation of bids shall state the time and place for opening. 2 . All bids shall be submitted sealed to the Town Clerk and shall be identified as bids on the envelope . SOP No . 2 Page 4 3 . All bids shall be opened in public at the time and place stated in the public notice . 4 . The Town Council shall have the authority to reject any and all bids and parts of all bids and re-advertise or re-solicit bids . E. Determination of Lowest Responsible Bidder Unless the Council exercises the right of rejection as provided for in this SOP, the purchase or contract shall be made from and with the lowest responsible bidder for the entire purchase or contract or for any part thereof . In determining the lowest responsible bidder, the Council shall consider : 1 . The ability, capacity and skill of the bidder to perform the contract or provide the service required. 2 . Whether the bidder can perform the contract or provide the services promptly or within the specified time, without delay or interference . 3 . The quality of performance of previous contracts . 4 . The previous and existing compliance by the bidder with laws and ordinances of the Town. 5 . The financial resources and ability of the bidder to perform the contract . 6 . The quality, availability and adaptability of the supplies or services . F. Exceptions to Bidding Procedures 1 . In the event that there is only one firm, company, or individual capable of providing a particular service or commodity, and such services or commodities cannot be secured from other persons or companies, the bidding procedures as outlined within this SOP shall not be applicable, and such services or commodities may be secured without bidding. SOP No . 2 Page 5 2 . Upon recommendation of the Town Manager, the Council may elect to waive the bid procedures with respect to the purchase of used equipment . 3 . In the event of a purchase made by, through, or with the State of Arizona or its political subdivisions , the Town Manager may approve such purchases or award such contracts for services without a formal bidding process whenever other governmental units have done so for the same item or service if , in the opinion of the Town Manager, a separate bidding process is not likely to resolve any lower price for such items or services . State contract purchases and the federal government' s General Services Administration (GSA) purchases and Houston-Galveston Area Council purchases in excess of $10 , 000 need not be submitted to Council for approval but are restricted to budgetary items . 4 . All procurements for the sum of $10 , 000 or more and as outlined in this paragraph are subject to approval by the Town Council except purchases made under state contract and the federal government' s General Services Administration (GSA) and Houston-Galveston Area Council . G. Performance Bonds The Town Manager shall have the authority to require a performance bond; in cash or otherwise, for such amount as he may deem sufficient to secure the execution of a contract for the best interest of the Town. H. Emergency Purchases In case of an emergency which requires immediate purchases of supplies or services costing $10 , 000 or more and when time is of the essence, the Mayor shall be empowered to authorize the Town Manager to purchase or secure goods or services without complying with the bidding procedures of this article . A full report in writing of the circumstances of any emergency purchase shall be submitted by the Town Manager to the Town Council at its next meeting. SOP No . 2 Page 6 I . Professional Services Unless required by the Council, the bidding and vendor quotation requirements of this SOP shall not apply 1 to professional services . Such services shall include, but not be limited to the following: medical, legal , engineering, architectural , financial and similar services . J. Disposition of Capital Assets and Minor Equipment All departments and offices shall submit to the Town Manager, at such time, and in such form as he shall prescribe, reports showing all capital assets and minor equipment which are no longer used or have become obsolete or worn out . The Town Manager shall have the authority to sell such items reported as unsuitable for Town use, or to exchange the same for, or trade-in the same for replacement equipment in accordance with applicable state statutes . K. Written Contract Requirements Generally, a written contract should be prepared by the Department Head for the procurement of professional services, capital improvements and maintenance services . Contracts in an amount of $10 , 000 or more require the Town Attorney' s review as to form and content and the signature of the Town Manager, Department Head and Town Attorney to be fully executed. Contracts in an amount of less than $10 , 000 require the signature of the Department Head to be fully executed. L. Contract Change Orders and Supplemental Agreements Occasionally during the performance of services outlined in the contract , it may be necessary to execute a change order to the contract . Contract change orders for capital improvements and maintenance services may be executed, but the aggregate of all such change orders shall not exceed 20% of the original contract amount . Change orders for engineering design services may be executed, but the aggregate of all such change orders shall not exceed 20% of the original contract amount . Contract change orders may only be executed when the scope of the work to be SOP No . 2 Page 7 performed under the change order is incidental to the prosecution of the work being performed under the original contract . M. State Preemption Notwithstanding any other portion of this SOP, in the event any purchase or contract for purchase falls within the definitions for limitations of A.R. S . § 34-201 et seq. , as amended, the provisions, requirements, and specifications of the relevant portions of the Arizona Revised Statutes shall supersede this SOP and control such bidding procedures . N. Purchasing Procedures The following procedures shall be followed by all departments when purchasing supplies, materials, equipment, services , capital improvements and all other asset acquisitions for the Town of Oro Valley. 1 . Expenditures whose aggregate amount is $250 or less may be made at the discretion of the Department Head and without a Town purchase order. 2 . A purchase requisition shall be prepared for each purchase over $250 . The purchase requisition shall be complete and shall include the following minimum information: a. Vendor name and address . b. Budgetary account number. c . Description and quantity of goods or services requested. d. Cost of goods or services requested to include taxes, transportation and any other costs related to the purchase . If actual cost is not known, a reasonable estimate of costs shall be shown. e . A brief explanation of the purpose or use of the goods or services purchased. SOP No. 2 Page 8 f . Budget line item information indicating the availability of adequate departmental funding for the proposed purchase . g. Vendor quotation information if the purchase is at least $1, 000 but not more than $9 , 999 . 3 . Purchase requisitions shall be completed by each employee as the need for supplies , materials , equipment or services arises and must be signed by the Department Head indicating his or her approval . 4 . The original copy of the purchase requisition shall be submitted to the Finance Department for preparation of a purchase order. An authorized signer shall sign each purchase order in order to confirm that the purchase amount has been encumbered in the Town' s accounting system and that the purchase is within budgetary limitations . 5 . The Finance Department will retain one copy for the Town records, return a second copy to the department submitting the purchase requisition and mail the original purchase order to the vendor. 6 . The department copy of the purchase order shall be retained and filed by the department for quick reference as needed. 7 . Purchase requisitions for the Town Council may be requested by any Councilmember and shall be approved by the Mayor or Town Manager. The Town Manager shall maintain the department file of purchase orders for quick reference . 8 . Purchase requisitions submitted by the Town Manager in accordance with all other procedures may be approved without further formality. O. Blanket Purchase Orders Departments may request blanket purchase order accounts with vendors where they make recurring purchases for parts, materials, office supplies , and other items . The aggregated annual amount of SOP No. 2 Page 9 blanket purchase orders for a particular line item maynot exceed the budgetary appropriation for that line item. Any single purchase urchase on a blanket purchase order may not exceed $1, 000 without obtaining three vendor quotations provided that such action is reasonable . Blanket purchase orders are generally for recurring minor purchases and are generated for administrative efficiency and convenience . They shall not be utilized to circumvent standard purchasing procedures . Blanket purchase orders may be rescinded at the discretion of the Town Manager. P . Emergency Purchases In the event a department has an urgent purchasing requirement , the purchase may be authorized by the Department Head without a purchase order, however, such purchases must be followed up with a purchase requisition explaining the nature of the emergency by the next purchase order generation date . Frequent emergency purchasing shall be avoided. Q. Unauthorized Purchases When goods or services costing more than $250 are to be purchased, a valid purchase order (with the exception of emergency purchases) is required before making the purchase . Failure to obtain the purchase order prior to making the purchase may be considered to be an unauthorized purchase for the Town and may subject the employee making the purchase to disciplinary action. Exceptions to this rule may include services such as interpreters , public defenders , pro-tem magistrates, psychological/medical services , incidental legal services and jury fees . In these cases , a purchase requisition should accompany the invoice . R. Receiving Procedure 1 . Upon receipt of the purchased goods and/or services , the employee who received the goods or services shall note on the original billing invoice : a. Approval in full or resolution of any REQUIRED ADJUSTMENT. SOP No . 2 Page 10 b. The purchase order number satisfied or the appropriate budgetary account number to be charged. c . Department Head' s approval for payment . The original billing invoice shall then be forwarded to the Finance Department for actual payment to the vendor or supplier. 2 . The Department Head may, at his or her discretion, authorize any one employee to approve invoices for payment on his or her behalf provided that it is not the same employee who signed for the receipt of the goods or services . Said authorization must be in writing and must specify a dollar amount not to exceed, per invoice . Copies of this authorization shall be forwarded to the Finance Director and the Town Manager. The Department Head may revoke said authorization at any time . 3 . Purchase orders will be closed on the Town' s accounting system after the corresponding invoice has been approved for payment . SOP No. 2 Page 11 S . Compliance With Procedure Department Heads are responsible for insuring that all purchasing procedures provided herein are complied with and that their personnel are briefed periodically as to the content of the purchasing procedureq provided herein. Charles F . Sweet, Town Manager EXHIBIT "B" EXHIBIT "B" FINANCIAL PARTICIPATION AGREEMENT The parties hereto, the Town of Oro Valley (hereinafter known as the "Town") and the Greater Oro Valley Arts Council (hereinafter known as"GOVAC") agree to the following financial participation by the Town to provide funding for GOVSC for the period of time from the date of the signing of this agreement until June 30, 1999. In return for this funding, GOVAC agrees to sponsor and coordinate a minimum of two community wide arts events as determined by the Director of Community development within the time frame of this agreement. Listed below is the agreed upon funding responsibilities between the Town and GOVAC: 1998-99 Town Monies to GOVAC: 1) Symphony Orchestra (4 concerts) $5,000 2) Miscellaneous promotions and activities $5,000 3) Concert Of All Ages $1,200 4) Small public art projects $5,000 5) Spring Art/Music festival $10,000 6) October Jazz Festival $9,000 7) Training and Memberships $2,000 8) Conferences $2,500 9) Postage $800 10) Office supplies $500 Total $40,800 In addition, for this first year, the Town agrees to contribute $15,000, payable quarterly, toward the costs of hiring and maintaining an Executive Director for GOVAC to act as a liaison with the Town Staff The Town also agrees, in order to encourage the growth of GOVAC as an independent entity, to contribute up to $5000 toward the costs of obtaining office space within the community, which will not be on Town property. Therefore the total equals $60,800 The Town will carry the below provided costs within its own budget for the 1998-99 budget year, assuming that the Council finds that these projects further the welfare of the residents of the Town of Oro Valley by contributing to the cultural heritage, etc. of the residents living in the area. 1) PAG Summer Youth Program $25,000 (Grant funds from TPAC) 2) Contribution to TPAC Rural Arts projects $500 3) San Xavier restoration $5000 4) Printing costs $2000 5) Fencing and Electrical—Weaver Park covered within a separate budget. LEY J P 4q' i dr TOWN OF ORO VALLEY v.y mss: 11000 N. LA CANADA DRIVE CORO VALLEY, ARIZONA 85737 { Administrative Offices(520)297-2591 Fax(520)297-0428 NDE September 8, 1998 Honorable Mayor Paul Loomis Town of Oro Valley 11000 N. La Canada Drive Oro Valley, Arizona 85737 Dear Mayor Loomis, I am writing this letter in support of the proposed agreement between the Town and the Greater Oro Valley Arts Council. Since my travel schedule prevents me from attending the September 16, 1998 regular Town Council meeting it is my wish that you and the other Council members be aware of my position. It is time that we move ahead with the development of cultural and art services to our citizens. GOVAC is the logical vehicle for delivering these. I have reviewed the agreement and find it suitable for all concerned. Please convey my support at any public hearing or vote. Sincerely, Richard (Dick) Johnson CC: Council Members Town Manager Town Clerk p.,o-EY Ai9 O - �0 4� I 2 �w1r • TOWN OF ORO VALLEY ,, 11000 N. LA CANADA DRIVE G ORO VALLEY ARIZONA 85737 41116o. 4 '4.(i„,,.,,,,_ Administrative Offices(520)297-2591 Fax(520)297-0428 , ,_: 4,-A,...,-,_,- p, ,,:: ,---Vt, Lit-IN DEO September 8, 1998 Honorable Mayor Paul Loomis Town of Oro Valley 11000 N. La Canada Drive Oro Valley, Arizona 85737 Dear Mayor Loomis, I am writing this letter in support of the proposed agreement between the Town and the Greater Oro Valley Arts Council. Since my travel schedule prevents me from attending the September 16, 1998 regular Town Council meeting it is my wish that you and the other Council members be aware of my position. It is time that we move ahead with the development of cultural and art services to our citizens. GOVAC is the logical vehicle for delivering these. I have reviewed the agreement and find it suitable for all concerned. Please convey my support at any public hearing or vote. Sincerely, "/"/Richard (Dick) Johnson CC: Council Members Town Manager Town Clerk Lt-EY " r 0 wry 44'14_, TOWN OF ORO VALLEY 11000 N. LA CANADA DRIVE ORO VALLEY, ARIZONA 85737 a, ; Administrative Offices(520)297-2591 Fax(520)297-0428 1077 °VN DEO-\ September 8, 1998 Honorable Mayor Paul Loomis Town of Oro Valley 11000 N. La Canada Drive Oro Valley, Arizona 85737 Dear Mayor Loomis, I am writing this letter in support of the proposed agreement between the Town and the Greater Oro Valley Arts Council. Since my travel schedule prevents me from attending the September 16, 1998 regular Town Council meeting it is my wish that you and the other Council members be aware of my position. It is time that we move ahead with the development of cultural and art services to our citizens. GOVAC is the logical vehicle for delivering these. I have reviewed the agreement and find it suitable for all concerned. Please convey my support at any public hearing or vote. Sincerely, P41/ Richard (Dick) Johnson CC: Council Members Town Manager Town Clerk 3 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: September 16, 1998 TO: HONORABLE MAYOR& COUNCIL FROM: Melissa Shaw, AICP, Planner II SUBJECT: ORDINANCE NO. (0)9822 , AMENDMENTS TO THE 1996 GENERAL PLAN FOR 36 ACRES IN ORO VALLEY LOCATED AT THE NORTHWEST CORNER OF LA CHOLLA BLVD. AND TANGERINE RD., KNOWN AS CHURCH OF THE APOSTLES BACKGROUND: The subject of this request is to change the General Plan Land Use designation of this property from R-LDR, Rural Low-Density Residential (0-0.3 du/ac) to the Public/Semi-Public designation to allow a proposed church and church school. The property is among those areas recently annexed into the Town, and this request was continued from the July 15, 1998 Council meeting so that conclusion of the annexation was known. The Town's General Plan boundary extends to this site and beyond, although it was Pima County jurisdiction. Such extra jurisdictional General Plan planning is permitted by State statutes. The 36-acre site is situated on the northwest intersection of Tangerine Road and La Cholla Boulevard. It is bordered on the north by Limewood Road and on the west by Como Drive (see the attached location map). 2urrently zoned Pima County SR, Suburban Ranch, single family residences are permitted with a minimum lot size of 144,000 SF (comparable to Oro Valley R1-144 zone). LANDOWNER'S RQUEST: The Church of the Apostles is requesting an amendment to change the Oro Valley General Plan land use designation for the property from residential to the public/semi-public designation, which includes church, police/fire substation and hospital uses. GENERAL PLAN CONFORMANCE: Oro Valley Land Use Map. Oro Valley has designated this area as acceptable for rural low-density residential uses (R-LDR). The Plan denotes "areas of large lot single family development ...desirable in a rural environment". This is the lowest intensity land use designation category in the General Plan, with density from 0-0.3 dwelling units per acre, and is identified as an "area where there is a desire to retain a rural lifestyle or where protection of the natural environment is necessary". The General Plan also established an Urban Growth Boundary (UGB) along the northern edge of the planning area. The site lies immediately north of the limits of the UGB, as shown on the attached map. The General Plan states that: ...any land north of the [urban growth] line should not receive any increase in density or land use intensity over what currently exists...the purpose...was to ensure rural character preservation of the land within the area...it is strongly recommended that the Town Council and other jurisdictions consider and honor the existing resident's wishes to maintain the rural character of the area. Additionally, increasing the intensity of development of this area over the next twenty years will continue the trend toward urban sprawl that the Focus 2020: Oro Valley General Plan is attempting to limit. Land Use Policies. The Rural Low-Density Residential designation allows for "clustering of residential densities in order to preserve open space and protect the Sonoran Desert environment". The intention of related land use policies, such as those under Goal 1.1, to "preserve Oro Valley's natural Sonoran Desert environment and scenic resources which are an important part of the community's quality of life" could be retained by a sensitive, low density design of the proposed type of land use. Other Considerations. The Pima County Comprehensive Plan Land Use Map designates this property as NAC, Neighborhood Activity Center. A Neighborhood Activity Center's purpose is to "designate low intensity mixed-use areas [usually less than 15 acres in size] designed to provide convenience good and services...for day to day living needs". Churches are identified in the County plan as a neighborhood service; schools, however are not listed in this Land Use designation. The site is also within the La Cholla Airpark Special Planning Area. An analysis of planning documents shows that there are no specific use restrictions for this property related to its proximity to the La Cholla Airpark. SUMMARY: The request to change the General Plan Land Use Map designation from R-LDR to Public/Semi Public is to accommodate the proposed use of the 36 acres for both a church and church school. Staff has concerns regarding a change in the Land Use designation of this site, because the potential size, intensity and density of the proposed use is not known at this time, and the Urban Growth Boundary clearly defines the limits of density increases. although the proposed school and church use may be of a low enough intensity to be compatible with the current Town of Oro Valley Land Use designation of R-LDR,the site is beyond the limits of the UGB and such designated land should not receive any increase in density or land use intensity. To address the UGB, staff recommends limiting any increase in development intensity. Also, if the land use designation is amended, two issues might be taken into account and addressed at the time of rezoning to preserve the intent of both the R-LDR and UGB. First, consider limiting the proposed land use to churches and church schools. Second, limit the density to no more than would be permitted by the R-LDR designation, meaning that on the 36-acre site, no more than 30 percent of the site may be developed. PLANNING AND ZONING COMMISSION ACTION: The Planning and Zoning Commission held a public hearing on June 2, 1998, and moved to recommend approval of the proposed amendments, with the stipulation that the intensity be limited to that comparable to the R-LDR designation. The motion passed with a 4-1 vote. STAFF RECOMMENDATION: Planning staff recommends approval of the ordinance to amend the General Plan Land Use designation of the Church of the Apostles site to Public/Semi-Public from R-LDR, including a stipulation that the intensity be limited to no more than would be permitted by the R-LDR designation and the use be limited to church and church school. TOWN OF ORO VALLEY ';OUNCIL COMMUNICATION Page 3 of 3 SUGGESTED MOTION: The Council may wish to consider the following motions: I move to adopt Ordinance No. (0)98-22 , Amendments to the 1996 General Plan changing the land use designation from Rural Low DensityResidential to Public/Semi Public for that parcel known as Church of the g Apostles, with the stipulation that the intensity be limited to no more than would be permitted by the R-LDR and the use be limited to church and church school, and in accordance with Exhibit A. OR I move to adopt Ordinance No. (0)98-22 , Amendments to the 1996 General Plan changing the land use designation from Rural Low Density Residential to Public/Semi Public for that parcel known as Church of the Apostles, with the stipulation that the intensity be limited to no more than would be permitted by the R-LDR and the use be limited to church and church school, in accordance with Exhibit A, and with the following amendments: . OR I move not to adopt the Amendments to the 1996 General Plan changing the land use designation from Rural Low Density Residential to Public/Semi Public for that parcel known as Church of the Apostles and to deny Ordinance No. (0)98- 22 , finding that: . ATTACHMENTS: 1. Ordinance No. (0)98-22 2. Exhibit A: Current General Plan Land Use Map and Site Location 3. Excerpt of Minutes from the June 2, 1998 Planning and Zoning Commissi• Hearing F:PROJECTS\GP\AMDTS\COTATC.RPT 1 .. 6 OL--- ., '1 . .,ing . Ti Zoni ; ' • - nlstrator i A . I • 1.I I / . • ,:i.",r►‘,I 0C► i ity De f '.ment D ecto i j n/. . %ii Town Manage r ORDINANCE NO. (0)98-22 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, AMENDING THE LAND USE MAP OF THAT DOCUMENT KNOWN AS "FOCUS 2020: TOWN OF ORO VALLEY GENERAL PLAN, JULY 1996"; FIXING THE EFFECTIVE DATE THEREOF; AND REPEALING ANY OTHER ORDINANCES IN CONFLICT HEREWITH. WHEREAS, the Town of Oro Valley adopted a document known as the "Focus 2020: Town Of Oro Valley General Plan, July 1996"; and WHEREAS, it has become necessary to revise, amend and update this document due to a request for an alternate land use for 36 acres in Pima County, west of the Town boundary known as Church of the Apostles; and WHEREAS, the Planning and Zoning Commission, having considered an amendment to the Land Use Map of the Town of Oro Valley General Plan relative to the appropriate land use designation for that property known as Church of the Apostles; and having held a public hearing on said map amendment; and having made its recommendations to the Town Council that the land use designation be changed from Rural Low Density Residential to Public/Semi Public; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1. The Council hereby adopts a revised Land Use Map as a part of that certain document known as " Focus 2020: Town of Oro Valley General Plan, July 1996". Said map revision shall reflect a land use designation of Public/Semi-Public on that parcel known as Church of the Apostles, as shown in Exhibit A, and with a note limiting the use to churches and church schools and the intensity to no more than would be permitted by R-LDR designation. Three copies of the revised Land Use Map of said document are on file in the office of the Town Clerk of the Town of Oro Valley, Arizona. SECTION 2. The effective date of the revised Land Use Map shall be thirty days after the adoption of this ordinance by the Town Council. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of the ordinance or any part of the Land Use Map amendment adopted herein is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION 4. That all ordinances and parts of ordinances in conflict herewith be repealed to the extent of such conflict. PASSED AND ADOPTED by Mayor Ma or and Council of the Town of Oro Valley, Arizona this 16th day of September, 1998. Paul H. Loomis, Mayor ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Tobin Sidles, Town Attorney PUBLIC HEARING: REQUEST TO AMEND THE TOWN OF ORO VALLEY GENERAL PLAN FOR THE AREA KNOWN AS THE CHURCH OF THE APOSTLES Bryant Nodine introduced the staff report into the record. He explained that the request is to change the General Plan Land Use designation of this property from R-LDR, to Public/Semi- Public designation to allow a proposed church and church school. Although the property is located in Pima County, the Town's planning boundary extends to this site and beyond. Bryant stressed that this request was merely for a change in the General Plan Land Use designation and was not part of a request for annexation. He stated that staff has concerns regarding this change because the potential size, intensity and density of the proposed use is not known at this time, and the Urban Growth Boundary clearly defines the limits of density increases. If the land use designation is amended, and a subsequent rezoning requested, Bryant commented that several issues should be taken into account at the time of rezoning to preserve the intent of both the R- LDR and UGB. First, in keeping with the Commission's motion to initiate the amendment, consideration should be given to limiting the proposed land use to churches and church schools. Secondly, consideration might be given to limiting the density to no more than would be permitted by the R-LDR designation, meaning that on the 36 acre site, no more than 30 percent of the site may be developed. In closing, Bryant advised the Commission that this project was noticed twice, and as a result, staff has received one letter in support of the request, and has had a number of people come into the office expressing their objections. Chuck Cowles, Church representative, 1475 E. Charouleau, stated he has been a resident of Oro Valley since 1974. The Church originally leased property at 9800 N. Oracle Road 6 years ago and then started looking for land to purchase within Oro Valley or an area that was determined to become a part of Oro Valley. Initially they purchased 10 acres along Tangerine Road, 1/4 of a mile east of the current site. Within a couple of years he was able to get the 36 acres at the northwest corner of Tangerine Road and La Cholla. The Church's aim is to create a park like campus with as little change to the environment as possible. They have a preliminary site plan that would allow for the initial construction of a worship hall, meeting area, offices and a Sunday school. At some point in the future, when the funds become available, they would like to build a sanctuary. The Church is interested in becoming a part of Oro Valley and has been active in trying to conclude the annexation of the area, which started last fall. Dean McCook asked how many members attend their services. Mr. Cowles answered they currently have less than 200 members. It would be hard for him to determine how many they might have in the future. Bill Partridge asked Mr. Cowles if staff had discussed with him, limiting the development of the site to 30%. Mr. Cowles replied that he had not been aware of this condition until late yesterday, at which time he questioned staff because he didn't quite understand what the - condition meant. He stated the Church's intent has always been to leave much of the land untouched so it would remain as desert area. However, he felt that 30% was very low. Bill Moody asked what the setback was along Tangerine Road. Bryant replied that a 150' half right-of-way needed to be dedicated, along with another 25' for commercial property. He explained that there was also a building setback that related to the height of the building. He commented this was a minimum of 80', and then a 4:1 building height to distance to the property line. Commissioner Moody commented that there would then be at least a 275' setback. Assuming that only 30% of the site was buildable, he asked if the 275' setback would be included in that 30%. Mr. Nodine replied that if the right-of-way was dedicated with the rezoning, it would be included; however, if it was dedicated prior to the rezoning it would not be. Bryant further explained that it would include any required bufferyards that are not developed. PUBLIC HEARING OPENED Dorita Brady, 1885 Limewood, advised that she was present to speak in opposition to the request. She stated she was a Sector Board 5 member when the General Plan was written, and she saw the Urban Growth Boundary as crucial to those living in Sector 5 and felt it was important to maintain that boundary. The other reason she was in opposition was a personal matter. Ms. Brady explained that she was a neighbor of the Church and not happy with them. A few days before Christmas in 1994, her property, which adjoined the original 10 acres, was sued by the Church along with several other adjoining properties. At that time, there were deed restrictions on the property limiting it to residential property and the Church was concerned that they would not be able to build there. Within 6 months they purchased the property that they are now asking for the change on and then promptly sued 20 other property owners. So, there is quite an ill feeling between the neighbors and the Church. Ms. Brady felt that Mr. Nodine brought up key questions in the summary of the staff report. If the Town allows this change to happen, they would essentially be moving the Urban Growth Boundary to the north. She questioned how the intensity of a rural neighborhood could be maintained if a Church and a school were allowed to build in the area. Ms. Brady has not yet heard a clear answer on how to do that. In closing, Ms. Brady found it interesting that the Church was asking the Town to make this decision. They are currently located in Pima County and could start building tomorrow if they wanted to, so she felt this request was a moot point. Ms. Brady was very curious as to why they hadn't begun construction and felt there was more to the request than was being told. Barbara Abrams, 13551 N. Piper, expressed her opposition to the request. She felt Oro Valley was overstepping their boundaries. She explained that her son owns property just to the north of this site, and bought here because the adjacent property was zoned rural. Ms. Abrams' son is also opposed to the Church because of their zoning, the rural lifestyle the current owners enjoy and the traffic, paving and lights that would be brought in by the Church. Ms. Abrams met with representatives of the State Transportation Department, who assured her that this particular section of Tangerine Road has been planned for a very large interchange, and a large portion of the Church site would be taken for right-of-way. In addition, if there were any existing buildings, they could be partially destroyed. The representative also said that Oro Valley has not kept its promise to keep a 400' right-of-way along Tangerine Road, and have allowed houses to be built that will have to be torn down when the interchange is installed. Ms. Abrams felt that Oro Valley was out of their jurisdiction in amending the General Plan for an area that far out of its boundaries. She again stressed that she and her family were opposed to this request. Jamie Conrad, 8080 Ocotillo Drive, explained that the Church's intent is to set up a community center that would remain open and preserve the desert. Others in the community would also be free to use this center. Mr. Conrad was aware of the ill feelings but commented that it was something that had to be dealt with. The Church is not asking for a rezoning and cannot ask for one at this time. However, it is permissible for them to request, and the Town to review, a General Plan amendment for this site. Chuck Cowles added that he was aware of the Tangerine Road possibilities and has worked with Town staff and the State Highway Department. Although the Tangerine Road construction plans were developed many years ago, they will not be constructed as originally planned. All the right- of-way necessary for the State will be available, and their building will not come close to the land needed by the State for the interchange. Kathleen Nyhuis, 10990 N. Guava Drive, stated she was a member of the Church, and urged the Commission to consider this amendment. It has been their intent from the beginning to become a part of Oro Valley and they have always been good neighbors. Ms. Nyhuis understood the ill will but commented that there are always two sides to a story. Church gatherings are now held on Sunday mornings, but Ms. Nyhuis explained that the main part of their ministry takes place in small groups in private homes. Charlie Hulsey, 11361 N. Twin Spur Court, commented that he personally, would rather see a Church at this location than another 10 acre horse farm, which could virtually clear all of the land. He felt the Church should be able to clear more than 30% of the site. He stated that the Church has done what planners try to do, which is to place this type of use at a major intersection. Mr. Hulsey concurred that there would be a major interchange at this location and felt it was an appropriate location for the Church. In response to the growth boundaries, the Town set those in the first place and they do move over time as the community continues to grow. Therefore, he did not feel it inappropriate to move those now. PUBLIC HEARING CLOSED Bill Moody asked Mr. Cowles why the Church didn't just go ahead and build the Church. Mr. Cowles replied that, first of all, Pima County does allow the Church but to construct a school would require some zoning changes. He believed that working with the County to accomplish that would be a fruitless task because the Church has already been threatened that they would never build a Church on this site. Secondly, Mr. Cowles stressed that the Church has always wanted to become a part of Oro Valley. In response to the right-of-way issue, Bryant Nodine clarified that the Town has been very pro- active in requiring the correct amount of right-of-way. The only areas that don't have the required right-of-way widths are the very old sections that were approved prior to ADOT's plans. In terms of the Urban Growth Boundaries, Bryant confirmed that they would eventually be moved; however, this is a new plan and he didn't feel there was any point in moving them now. - Bill Partridge asked about the interchange. Bryant Nodine confirmed that it has been planned and the location would be appropriate for a Church, which is why staff didn't recommend against the use. He did advise, however, that the interchange might not be built as depicted in the original plans and felt it may be scaled down somewhat. Wayne Wiant commented that at this location, La Cholla is offset from the north to the south. He remembered that this roadway was going to be straightened out and asked if that would cause the roadway to go right through the Church property. Bryant Nodine replied that the General Plan does not get into those types of design specifics. If the property were ever annexed into the Town, the right-of-way would have to be dedicated to the Town for this alignment. Dennis Douglas asked Bryant to relate the qualification statement to the audience. Mr. Nodine pointed out that this request did not relate to an annexation; however, any annexation or move towards an annexation by the Town of Oro Valley would be contingent upon settlement of the Tortolita Incorporation court case. Commissioner Moody felt that most of the property owners that lived in this area have owned for some time and since new purchased were made under the assumption that this site would remain residential, he moved to deny this request. The motion died for the lack of a second. MOTION: Moved, seconded, (Wiant/Briggs) and carried by a 4-1 vote (Moody - no/McCook - abstained) to forward the proposed amendments to the General Plan to the Town Council recommending that the General Plan land use designation be changed from R-LDR to Public/Semi-Public, with the stipulation that the intensity be limited to that comparable to the R-LDR designation. • • -- --I SPHERE OF -_ - - --- -- -- -.. - - - '- --- ---- -------- INFLUENCE „-Y-- -- - _-- _ --_.-___ '_,,...........--..„-PLANNING.AREA---..... L J,. - PINAL COUNTY --'t IrarT4.'�1�'�a,t.. c����; I r.`, r'i 1 s 1 T .......' EXHIBIT A --- r ��-�i'1�7h.Y�:yr�,.�rzrir�,�j�'�.r�-,�,."SL�Y fill i r�,� ;I'''?A�1-.4�. a .a>�"-':tiM:G•t��n'^�f!'yiv:•:•.}•::'=,Y'rr.'',.. 1�� ��'� ,.:�. d.ti J•�+C"", W�?�`:r�?•;r OPEN;SPACE'.�'yl:4:......,:.L+=•t w�:,. • - .:•e... _::• :'r'e -:. _1='' ;;..,�_. _� •' i..L hr1' Y . .,!:i:.•. •••:• t�r, is \ ,. I��a.i: �'!jyL....._=1iJ ,r .,�, PRESERVE y�Y�7f,�4T�1.�[•Ctb7 �ti;1t•!_'f�'. tom,. ..i,rr:,t::: NOTES I,:.la.. Jr r.ir1 -.] .. • tra•..!�:=,!' f; 1,Vx Si :t+.; �'� 1 ••�'V�•''�- 7t.',�T,•.r+l. ,fi_'a&�� r,;;Ii., .i.r,;- :J: .'';i'^_'�J� ,'I�i..;_�'� •k� 'M..1�\•�. .•.._',.rte.'`} •-'. y rr .A�r"•If.a...J�•4�!•� .r. ,E^t.,,,'E rl,...�,�k.• crd•�,, ;kY- `.:.i; �:i ,+ J, i t+ ti_ Ta y�l�• VJI�-� IW. � ,r,N.1:^�_"1 � •:.4:: ,I,. i�.�.��,'t': 4n•Ie.1 4-I.:• lt.:�.. •'_ � Iy•'. rL•.,�:•••�r-' rt f f :.a '^.i..►•� l.r; ,r..+r,.-:ars.'. ,'': _ti.- ,t �.;:+ . : rr :,r- r i:. . J- •ki- k.i,,Iir;';,•:!•'.7filirgiiii,:,;Z:11; ?:IT � ,. ,.� •o.d 1 �-••ter_--. tl •pr'i�. u ."..F�j tri r ::r,: .,�� ;i.. ;:,'�` ..r�'i:_,... .< j„ 1I:LL-.'�:�.-_ -� _ ATlON1 .W:'4i.'k .::�:�r _':: 1`�, � •.,, ., `,t'�• :��•le:-�"'--�,,r'..! _ $1,•;,f,.13:11-1..j.i.:7517,i.;1.•;.:4.4-,.L;24'.A,,, -��-�.�.Y�..z�1� '�I BACK UP DESIGN S ,T'..y.....: JL,. ,/ � •.tr' Ir:,. ..ai�,• - es,'__- ail_-.+ii K:',�•'1'L .1r _,d - i :v*,+...'�.. c+^_y i"-+.Y.J e'• ,I � J �; , ,� !ter 1The followin land use e i-,:_� -`!�' i'�� � 1 �: • ON4R'SPKFS.R�i::.'. t ;+,L:�,;. ;j'''ti••-_�-.� 9 C s gnations are I . ..�:L J�t,':;.Il.} .:,' _ �:tom•.✓�"-'•.o1'.i•j,.I • y, i t �''.--;� -T•�;1;'�j ,.,.,.,,_��;,a;�rrt-Z •� recommended in the event that the use shown / } TUK L()L1TA 1 , MTIATIYE STLllI'.AREA r ; , :;. 1, a: t di _ , �:. q .�•-1 "^ � may r,01 5e realized due'O IaCY DI funding�: • ht• •- •N PAKY. ,-1 - s '' ,.i, \x' fs -'':N,,,..7.,:-V,:'.0,1%:11.'"V"VVii,'. .,tib � ether ac,ors r✓ factors 1 '4;.?:ai,:;,_r sy• „ :r. ,,=HO,y�; ''•rj.i5l:,r t�!'e,t ••r- rs2Y _:1.,r•f.•f�' . 0 Commerce Park f T „_9[L d,I•-,a,jhh'F tri.1•'1 M:•' J I ...•. Y!:t a..}L Ii,IJT/• <x R•~�t/�£Fy-/ •� `-C�.�'.r;t t,� '•r_y,:"•p,�P; l ,;.i•: , -•-., , ;,, •..I:t 1\... L h. .:11, T,.Fi n-, 7"!rij,SJ'!'i',T'�.,•-••: 1 • J t '1 .a••_-... ?.,...,_ ,::.•_,, : ,::. ».. is. r� t"s �';:F 2� LDR 2.0 f {r'�•�I.'L�Ir r .. �.•w...n- .�.�.��..:.� � ..?��. ,'1'}'.'.t +.•f''3";;.•-�'Y'-L_s•_ =-+��^''` .:. - f I-1.-.-'`:;.;"...,- -�,-- r;;t'•..+i,t -..y ri .... '-= ., :, ,,,! C) P/OS or !/Elder Care , - 'F "i- w ... .-:-.4:',:r•-',1,:..-11.-‘,-.....-_'','•-•• ; =;r. t Comm_rcia ' 1.',.,,Ir:yiu`I�i.u���•�w.l.'i�sf.' _ah,'.M_ , 1,. '.�.�}�.:i.l: /- I:t•!2•.-�;,,-, - -. -147-1.; �, ',.--Vi.,1 f I, -" •�Kr,�i;..,- °-,;�1�,IJ�t=r;:���:�;•'r�' --:`�'7rr-'�i=�_ ��••;�`.'.:�, ,�+f G ?/OS or R-LDR 1 i_ _ .'^i•• ,e_V- t t!-4,7-.;•.,,,244.2,...!.4s .:�T ,`':L."' " li f f -I - Y • v,7 "+.::.,.:ry'•-1.•'f':c:�' iii y "T r e 1 ' ,t w { .1,;,%.11:•91.-.,,,,--1-' x1,a ',�- ,,,, • "�►n�i ter f O LDR t.2 c:,7:•- • , ,,,� r .,,r r -� '.rr yl }!JCJi'l 7•--77-Vi 7 'yF' �) Commercial i� �., J. _,_'- / t`"::� TOWN OUNDA•,; �'� :�• 1i��•`�'t 'll ,tri.U"'-�' 14.':'�.:n,'Iti�', j I �� ].:... p-� -,Lt C i' 0 MOR f aV• I R•LDR is''S!'r' ��. t'" .. 'lir t. i'.' MOR" _ lr•=Y',`:s?�'rZ:rr �:,'�s:"1 '\•, _.. R LDR . `._,,y � LDR -e •tiY ., ,1'`f? �.'�;, t 81 .Y..,,'"; )2... ,, s.._, ...�,�� a� ® LDR 1.2 .,1 Q i.+.�...� ,=_^- --- j i ,:rte,,i, :�..s,, 1.2 --i`''�L ``:st-' l`�%"n��:'j 1.1 i '' '' `�.' - ';�, • ,,,'..'....,4,-.1.40f3 ,,�{"'"`. t PRE-ANNEXATION AGREEMENTS • y,j I .▪'• :g4.,s' ):}r t 1 , ...,-i',,, , ) _ ;..,; •'j�r-'T 2F _ The following Pre-Annexation Agreements have been 0.5 1. ::i- s. _ f I ' r=^ _ 'i = '-,..1. 'c�= ,`'`��i `I r- entered into b the Town of Oro Valley, 1 c, ':i;.•:._-MQR' i moi"---�-\,.:7.,..4. ' > i o�`;''14.-'► I .,,., i4•:;.;?-40R"-,:i.- fc .��.,�s-.: T _ .- �i�. +N' .;35-.••;':(51.t."--,4' i r�r�l�•trr iI j i R•LDR .',•' ' ,,'.._-,:-�=ter--L- v'•P. _={• ,' j G PAD w/Commercial,MHDA,MDR&P/OS f 3; s k::P:'.7,....I"4:".1,',1-.4"- �,b 0 e __ T�MDR--. - r�>:'•,fj•'.1 j / �, , - •..,_,,`. .. _ ..r-_err g.,:.,. 1 j j G PAD w/HDR 8 Commercial , , .r_ ••ti,-�'s`, '��r_ •BeiTEj't.:••::..' :,' '; LDR MDR �tii. :=+•si •,..._=-1•,•,_,,...7--,,,,,,,.---".„,�,•,•-v", • © PAD w/HDR / r,;,. t ;, I. 1.2 �'��-�-.'��,-���ADR,�`F�`+u=�,>a.r� �_ ,: t CATALL`1A Q HDR 1 /, , :-2;_-,-EY�,_'. . '►, _-'!«!:,,. % ;-: _r . ..t 1 STATE Q Commercial URBAN GROWTH BOUNDARY ; - Pas i, 's:r ,"1' , r '` 4,.*. CP'r- PARK it Q HDA 1 7", i // , -� SMD b �::... y '�-y°" 1 .:� U , _ r 'y'1_1. . -i�Fr `__,_�t elle -4.' I ' -*-� � y-'(Y-J�-�" LA CHOLLA AIRPARK SPECIAL PLANNING AREA MOORS ROAD �-"--- -s.._. I'--- :% = :J��a..��}��',-r., .i.• r., .�.€:„'_ .•' �: ,Pr='-'Y ; The Boundary for ffi otanrnna area is the Conical EVIO•&- i -_ 'LOP.R•LDR -- ,�. il s=_ ,•��� ,.- I C•----4'!--.. ,."E'e _ -„';�= �x e ,,..,-/ Zone for airport traffic_ J 1 -"-_ - ' t LDR t..� �� ., �: �, 1 MDJR t ' »'R•LDR r -•.`,'*, Vis,- • •- --'-..:&.-#-J.r !-•:rr pb rre.( I_ -_:-7,--- I R•LOR i-. '-,1'( _?6-Q MDRii • '.. t r'-:-r0 •..,4 rs i.-g1 SPECIAL CONDITIONS _ i-i '' 'T I LOP.Ni,....;`, �' �k'" t„P./3P,,,�'a -e - r '-z3 Oa Allowable uses limited to those in the TP Zoning District I _ i - V*' -LDR ,f - csCt r 1 K 11 ' ;.'- -`," ., - ► �'t O Uses limited to those in TP,TP Conditional, - ••' r s.` -_�-:, •- • ' f.`'1 and small scale retail TA NE ROAD i I., `_ •-'-'..r.f- -- _ , ♦,,, 1 -' :jLOR'+ _MD., = ";,ter;'`�,,r', 0 1 DU/ac:5 DU/ac 3 ax:33%open space:minor resor. 1 _e :I I.2 LDR,-T-;--1- _.4: OR:; Q;.,4.: ::-:.'-f ... .(*i.,-„-.1 w/5150 rooms on<1 ac 1 LOP - R LOB _ 2.0 -o- _-ti! LDR . ;__ i _ L LDR -_ - • �; ,- 12 Y,_� . . r r-.')...,;.,:',1 �--•--+ "" ' .f ADVISORY NOTICE i _` ©e , Wit' a p_;s_� t>~z='1 �t , . ,•" I R-LDR •. LDR=-Dt_ - ,,, ppfDS. ., `DoH R- ,_ '' - LDR I "•'l'....,......;•• tie land use designa tions Cn this map are polity reoommendaoons only R. 12 ''RI " '__ _ 4ti;;,'�1- �' v7 i_21. ,,_,' . ��. "IDesicnaoons may oNARANJA DRIVE - '' ; +� ". 1 pec:ions regardingutacoiale_-, _, ��'y'=-`- ,._�.� p, f sdery on these designations.i�orinfomtation about acaJal inning - i' 'MI Thi'- . - - �� �!` a'' e� .• entitlements,refer to the official Oro Val Zoning `k -.1 •.; �. t a g Mea.Lhs Oro Valley R•LOR - D.'``4; k Del , LDR 1.2 . - ,- , Zoning Code Revised.and related information. .DSR- T,L ` ;; :MDA ;-R 'AtOR�-Q/ •-P_.. �p', \/ • TLDR ,.., 'r AR,}®-e '' s_ ?2 T==-,° ^�- - t:: LDR ti =12 '-'!•7-- "�1 ".--.'.'"7":-.6...., l�,"r1_ -,t,....__:.', - ,:-::::,..:,°;- -41- • ;' �. 12 1 -• IF:r LAMBERT LANE '--'- „ LDR R•LDR ,i -zo_.-'os revs'-W,.---•.''''-'r iiii0t,---�.;,_ L �, R-LD• fi R-LDR,�, :sR- LoA LOP 2.o _-~•' - ,.,,,,.. .._ ,...-,%!.._..„,...'' <'%_ `I 1.2 • , =LDR' i _. MQR' %t2 =L''tt6._-?�D•+c 1 LDR LDR LDR::x'.12 r '• •.._ _ +� ,.•,r:.a ti t "`=•-'`` EliµLD.: - _- ,• -,..--''''',9_,....fe -;"r V.11-, s:,_:_ ° ._`{_-.,,,I �Mp -a P.'w, f p„R 1: - `'-12?� i`f r c' R_ ,.-i DRQ* i'' �_r 1 - i_ ! R-LCR '-- '' .5-;;_ pR Pili!'-'r▪J: _ _ -'- MD I:• T''r1•..-_t 1....''''' C" MER=�-'_'_�:�LDRJ/ LDR1.• O\' /O �'�--i'. � 1' _ '�': CINDA VISTA'BLVD' R - 'x�-t.2 1 Q. '1, •,moi=_... _.- ''_ mu. 1,,,�... , -t.._� `s�"1fl�sii :r1 LDRto S �•r�.�4:2l� ,LX,,J,`�: lD :� e C "x.- .• `.t... _T:,,..,,,-.+•,,,,r •.e.-;,.5„ R-LDR [OR a-,-,7-;•;.,..-=,.. ..: -C -� J r\ l' ` •MD .���'"4_-.-s,1Y'�-_�,;:. 1:���s`'i'• ?LDR:' LDR- . N y KC, , C��r-� YOVERTON ROAD_ /5"} 3-- b -�_ '- :. :/ _ ,=,, 3t =Cir: \, SMD ,`."r. _ 3e e i,.•:-- -;.7:.: ,r. s a+. 51 .. t .L �� ]► ~_, ., LDR' d" 1 CORONADO .A _�=-{//-_/A ,.,. r LDR '°�'�LbR R LDR O <.:.yCt r `,s .Lope NATIONAL A, &P Ur- :- MOEIz HARDY:f1QAD-_- .... - -;T2,, FOREST -��, - !..,-..11 -1.,....-,...--- S St'-_6Y_ t _••.:.s;: -_;!..11.:7,..f.,-,-:;.,.::z.-.,,,,z,,:.• -• -1M • Rlo ' ...,---f,7%.-'7, _ •'' _=_" _ '2• 1 VNDED 1 91 moo- s--.1P. ND•J `i- ::-,s�P R LDR~ _ -; rLO - LDR t istb.4 ,.2 tilti ,Y.. �,:,e.. J.:.: -i -t • LDR HDR••op, 't`=M �'� E�oR• ` •_MDRy7-, .s a s� ,,,k.;ii_ uoR '1.2 xo-ios ,... R .•••:•,7,",..7-;`-.!.-'1•1:.1,1: AI• .,� =i MA.EE-1•/ •'G a_`�_al J':_DR-- - '�.'.,.,� �rt,_:Jts aJ,•.. -}v1DR itr�'fa. M1J)R - ,i _- 1-t+ ►.saoR LDR,.lj' • f __ R•LDR -,'- .- R-LDR ; v. L `ry __ -12 =LDR SECONDARY PLANNING AREA 17,,R-,--7.--'-'7_-.;;662:-..7-,-.1-2,�°T=Yr MDR ...- - _:�o °9~Y 1.2 1•� / z_,_��, � 6'r LOA _ zl'' ...�� '' _ _•- j 1&-isa. 74-, •:3<'a a _12 -`. -"- -s-:to a• i' -a4, .? _ `r;•' , �c: .F, • ,_:__ LDR:' '•, -~LDR ' I � r -, 7 ,~ t,:.�,-. LDR•t•�. t.. �, ;; 1 INA ROAD / f:- `` ••!,...••••,-12.-T C= --„f ••- - Vr ' .�_•IOFir..,,,,e„,-:.A •PrsP-1,_;J .'' i-• %r, -- 1 t !. • / :,r_ �T , -,,i--,,,,,,-.--...;1-7.2• ,7.'_ '- _ -= _ _ < 1 SPHERE OF I = .r - .t _ LDR ,~ __ y.'J'7c - -Y`f Es -- :4,r,pq'=;;': --.1,...-'^_ • ;4."-:•.•LDRF_=.a--- -_,12 ,,' - - . 3 . INFLUENCE i, ?.:-,- =rte, r.,:,:r• - - .HDR A':::.... : ..,-. ?�,w•a__ , z :.T f t ..'1.2 ,,,,,,,..1.2:%-:. -I_•:- s1;1, :Lt�R.,,,,f` y • ti w' .-. 1.. `mit'•; •! ._.i. •LDR__ -s --'S�= 1.2_:.__, _',0-•_t. z • _ at,g;�:���_,•-s^� �••:'•12 ..,.;:i.:.'" t.._140 , ,� °1dDR ,,,,,,,-;',R..,;,..,:....,.,,,,,,,,'•c - .moi, 1 ORANGE GROVE ROAD .=1't' :cY:r■-4,-'? =r._= :-•- ''F- • , �'r -'� -.2 1 oc PLANNING REA r -•` ... 1 0 o > 7 Goy o Li 1 'J O •J -a J rn 1 9 O • O 1 C Z , ¢ t } Z O Z VQ 1 � Z U 1 O Z• = V O 1 < 1 is O 1 �'/ N C.� 1 • r" ...--..--,:,::,-,...,..-,,,,,,,,,..f..,,.[.- of ORO VALLEY . - '. ��::,-:.,,Y�'. .•:N.•E R A L PLA N -, _ _'_.::R-,;,-_,,:..'-•:_. - . LAND USE •- R-LDR RURAL LOW DENSITY RESIDENTIAL '`e•`''.•' -• - -----' i -1 y 0-0.3 DU/ac - -s'_ -MASTER PLANNED COMMUNITIES kcal! PARKS/OPEN SPACE - - - •+LDR LOW DENSITY RESIDENTIAL ® REGIONAL COMMERCIAL Ell SCHOOLS - i 111- � (0.6--LOW�ENSITY 2 DUla RESIDENTIAL �COMMUNiTY COMMERCIAL {"-_J TRANSMISSION LINE LOW DENSITY RESIDENTIAL NEIGHBORHOOD.COMMERCIAL I,___ TOWN BOUNDARY :',: ZI (1.3-2.0 DU/ac) • III. �� ;:::::',", -3,...::4,-;,..,1:44. y�-..�:JLC•,.•--,rT�` ' -. ;,_,. .. .�•....... �•:.'. � .'t r. - � _.. : : :•r t•r,, A MEDIUM DENSITY.RESIDENTIAL• • i`s="='r moi. NORTH .r-�j ' -�f �} OFFICE _ - I< A�•RESORT• _ •I5`,:✓�'��,new.__...:-...1., , ,.• •- _• , .-, , .- _t. _. .,:..'-,';. .:,*:-;,,s•.:'',,,,-: t:. - •fs .i,,�.z,4t'.. rit,I>.:,A MEDIUM-HIGH DENSITY RESIDENTIAL ':•' :i COMMERCE PARK '`•l •- _ ' _ • ' o• o.s 1.0 2.0 3.0 ,----,•••••••.i,"._,,,,12.-.1: • . • _._.-t(5.1,,1O.0 DU/ac)_/70 _.._ _ SCALE IN MILES -_-:�%'__L`-_`: HIGH DENSITYRESiDENTiAL PUBLIC/SEMI PUBLIC.r..+ ;% 3-- :11111:,, (10+DU/ac -;:z;--:.;: .._.. W^'s ..i.._.....a-�:•+^ :._j., •�:,.••t'I= .. ,,, :,, •-•..i•:p.;..,•�,fi1 ✓,i.;,,,,•.-•r:3% r,:.l'^..- , • - :, - _ • Jr T • � ms •!••c: _ i:.[ : o • :r ••=, .,s✓ ,,.s '- • Y•:5 • ,.. ..w� , raV��y.. .N.,�'a•r- .� _. •....••••••,,...,,,,,•;.....•:...,,,,,,-;4,,.:•%,....,4,,n a:'L•''•__-_.!.-• .,t-_.t ..., _ r.•..r• .- ....,._.• _�., .•.^J. L• �,•d. •�• s.}i +•,. _ _ . . •f�_-iL'i1 Yl�'�:+w.�;:.�:wi��'^-i•J::•,`✓i:.die.. L 14 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: September 16, 1998 TO: HONORABLE MAYOR& COUNCIL FROM: Shirley Seng, Utility Administrator SUBJECT: Resolution No. (R)98-70 A Resolution of The Town of Oro Valley, Pima County, Arizona Increasing Water Rates for the Town of Oro Valley Water Utility SUMMARY: At its Regular Session on August 5, 1998, the Oro Valley Town Council adopted Resolution No. (R)98-53 providingnotice of intent to increase water rates and fees for the Town of Oro Valley Water Utility. As part of the Resolution, a rate report containing three different options were placed on file with the Town Clerk for public inspection. The notice of intention was advertised in accordance with Arizona Statutes. The resolution beforeou would adopt the rate structure preferred by Mayor and Council. The Mayor and Council have the y opportunity ortunit to consider a specific rate structure other than those detailed in the Rate Report attached as Exhibit A to Resolution No. (R)98-53, so long as the rate increase is no more than those identified in the Rate Report. There are no proposed modifications to other fees and charges currently in place. The connection and alternative water resource development impact fees are governed by a different statute and will be addressed at a later date. Should the Council approve this resolution,proposed rate increases would take effect on the October 17, 1998. FISCAL IMPACT: The result of the proposed rate structures are estimated to provide water sales revenues as detailed in the attached Rate Report. Council may wish to consider modification of the budget as appropriate after implementation of the new rates. WATER UTILITY COMMISSION RECOMMENDATION: The Water Utility Commission has forwarded, with its 1998 Annual Report, a recommended rate structure. Thatp articular rate structure was detailed in Option 2 of the Rate Report attached as Exhibit A to Resolution No. (R)98-53. Due to the fact that utility staff has worked closely with the Water Utility Commission on the preparation of the Annual Report, utility staff supports the recommendation of the Water Utility Commission. STAFF RECOMMENDATION: The Town Manager has forwarded, in the Manager's Recommended Budget, a recommended rate structure. That particular rate structure was detailed in Option 3 of the Rate Report attached as Exhibit A to Resolution No. (R)98-53. SUGGESTED MOTION: I move to approve Resolution No. (R)98-LQ. A Resolution of the Town of Oro Valley, Pima County, Arizona Increasing Water Rates for the Town of Oro Valley Water Utility, attaching as Exhibit A the summary of rate fees and charges associated with Option 3 of the Rate Report. Or TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 I move to approve Resolution No. (R)98-LQ. A Resolution of the Town of Oro Valley, Pima County, Arizona Increasing Water Rates for the Town of Oro Valley Water Utility, attaching as Exhibit A the summary of rate fees and charges associated with Option 2 of the Rate Report. Or I move to approve Resolution No. (R)98-jQ A Resolution of the Town of Oro Valley, Pima County, Arizona Increasing Water Rates for the Town of Oro Valley Water Utility, attaching as Exhibit A the summary of rate fees and charges associated with Option 1 of the Rate Report. ATTACHMENTS: 1. Resolution No. (R)98-70 A Resolution of the Town of Oro Valley, Pima County, Arizona Increasing Water Rates for the Town of Oro Valley Water Utility 2. Exhibit A, Summary of Rates, Fees and Charges (Option 1) 3. Exhibit A, Summary of Rates, Fees and Charges (Option 2) 4. Exhibit A, Summary of Rates, Fees and Charges (Option 3) 5. Rate Report attached as Exhibit A to Resolution No. (R)98-53 \ Ara&1 Utility Administr..or Cs ' Ail gineer AI 1L��✓ 41 s Town Manager RESOLUTION NO. (R) 98-70 RESOLUTION OF THE OF THE TOWN OF ORO VALLEY, PIMA COUNTY, ARIZONA INCREASING WATER RATES AND FEES FOR THE TOWN OF ORO VALLEY WATER UTILITY WHEREAS, Oro Valley has the requisite statutory authority to acquire, own and maintain a water utility for the benefit of the landowners within and without the Town's Corporate boundaries pursuant to the provision of Arizona revised Statute 48-571 et. Seq.; and WHEREAS, Oro Valley is a political subdivision of the State of Arizona, and pursuant to Article 13, Section 7 of the Arizona constitution, is vested with all the rights, privileges and benefits, and entitled to the immunities and exemptions granted municipalities and political subdivision under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, Oro Valley now finds it necessary to increase water rates and fees for the Oro Valley Water Utility according to state law; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY,ARIZONA: 1. That the Oro Valley Water Utility rates are increased as described in attached Exhibit "A". 2. That the Mayor of the Town of Oro Valley and other administrative officials are hereby authorized to take such steps as are necessary to implement the rate increase effective thirty (30) days from the date of this resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this day of , 1998. TOWN OF ORO VALLEY,ARIZONA Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Tobin Sidles, Town Attorney 000 00"H -1H0"000 M Z 00 0 CO 0� 0 00 ( ( 0 0 0 0 0 ( ( 0 0 0 o T- O Q r r r CO ti c0 0 0 6o Ln 6O co- O o 6 ori c\i o I-- r0 U r N r r U U 0 69 EaEft CD CI J O J Q I- CO Z W W CL i- Q z W 2 2 U 0 - r r r r r r r r 1` 1` 1` 1` 1`. ti ti N- r r r r r 73 r r r Eft d`� d�} bg 6F} d� Eft 6F} M < ,„ — i_ CD � � W U � I}- .� O (I) Q 50 W u) p 2 ° 2 W W W O rw U (i) -I _ E- u5 u_ z C� 0 U O H Z D u_ ix � W � Q J WIII 00 Wmo w � W wr QJ W 2ZZ � H >- - WW cc Q W c,) Q Q o W w I- U) W Q- Q - W r r r r r r• r r r �- J i•- I-- C F a. 1-- - N- N-1 1. 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Q Z Q 0 mom J - J W V- < H = o WOE W X N I- o J W N 53 >t U f I•- W = _ o CD t1 �- - r- - - - - - OZ O < W v J 0 2 ) c) r- -_ N ch 'r Co Ec N ATTACHMENT #5 EDIT A Town of Oro Valley Water Utility Rate Report Report in Support of Proposed Increase in Water Rates, Fees, and Service Charges Contents Option I: Change "City" customers only Option H: Water Utility Commission Recommendation Option III: Town Manager's Recommendation OPTION I OPTION I Summary of Assumptions: 1. Adjust the base rate for `City' customers by 1/3 of the difference between the base rates for 'City' and `Non-City' customers. This is the second incremental adjustment for 'City' customers as per the Town's previous commitment to equalize 'City' and 'Non-City' base rates over a 4 year period (FY 97/98 = 1/4 of difference, FY 98/99 = 1/3 of remaining difference, FY 99/00 = 1/2 of remaining difference and FY 00/01 = all of remaining difference). 2. No increase to the base rate for all Non-City' customers of the Oro Valley Water Utility. 3. Water included in monthly minimum to remain at 2,000 gallons per month. 4. No increase to the commodity rate for `City' or `Non-City' customers. 5. No increase in meter installation and service charges. Estimated FY 98/99 Revenues from Water Sales =$4,177,700. Rate Schedule: See attached Schedule of Rates, Fees and Charges Comparison of costs: See the 2 attached tables (Table of Monthly Charges and Percent Increase Comparison for Customers with a 5/8"x 3/4" Meter) • "City" customers • "Non-City" customers • .,;.,:...�'..'-'5'''. o-y<.:.'',4100,--N .<Rte�•••' moC �� s^:.: s^:'£7( k 'ik<:: .wo�,aw y)5a , ' �-i . ��.,:`,•\' „ � . : tt t4c,s,g �s pit f i y� pi,..; 0' : t .. eiryy ..f .x l r . 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Q O v J U) t co �-- �- N CO kr to CC Z N U) C/) OPTION##1 ORO VALLEY WATER UTILITY TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON "NON-CITY" CUSTOMERS WITH A 518 X 3/4" METER GALLONS CURRENT PROPOSED AMOUNT PERCENT USED RATE RATE INCREASED INCREASED 0 9.75 9.75 0.00 0.0 1,000 � 9.75 9.75 0.00 0.0 2,000 9.75 9.75 0.00 0.0 3,000 11.46 11.46 0.00 0.0 4,000 13.17 13.17 0.00 0.0 5,000 14.88 14.88 0.00 0.0 6,000 16.59 16.59 0.00 0.0 7,000 18.30 18.30 0.00 0.0 8,000 20.01 20.01 0.00 0.0 9,000 21.72 21.72 0.00 0.0 10,000 23.43 23.43 0.00 0.0 11,000 25.14 25.14 0.00 0.0 12,000 26.85 26.85 0.00 0.0 13,000 28.56 28.56 0.00 0.0 14,000 30.27 30.27 0.00 0.0 15,000 31.98 31.98 0.00 0.0 16,000 ' 33.69 33.69 0.00 0.0 17,000 35.40 35.40 0.00 0.0 18,000 37.11 37.11 0.00 0.0 19,000 38.82 38.82 0.00 0.0 20,000 40.53 40.53 0.00 0.0 21,000 42.24 42.24 0.00 0.0 22,000 43.95 43.95 0.00 0.0 23,000 45.66 45.66 0.00 0.0 24,000 47.37 47.37 0.00 0.0 25,000 49.08 49.08 0.00 0.0 26,000 50.79 50.79 0.00 0.0 27,000 52.50 52.50 0.00 0.0 28,000 54.21 54.21 0.00 0.0 29,000 ' 55.92 55.92 0.00 0.0 30,000 57.63 57.63 0.00 0.0 31,000 59.34 59.34 0.00 0.0 32,000 61.05 61.05 0.00 0.0 33,000 62.76 62.76 0.00 0.0 34,000 64.47 64.47 0.00 0.0 35,000 66.18 66.18 0.000.0 I 36,000 67.89 67.89 0.00 0.0 37,000 69.60 69.60 0.00 0.0 38,000 71.31 71.31 0.00 0.0 39,000 73.02 73.02 0.00 0.0 I 40,000 74.73 74.73 0.00 0.0 PLEASE CONTACT STAFF FOR INFORMATION CONCERNING LARGER METERS. OPTION #1 ORO VALLEY WATER UTILITY . TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON "CITY" CUSTOMERS WITH A 5/8 X 3/4" METER GALLONS CURRENT PROPOSED AMOUNT PERCENT USED RATE RATE INCREASED INCREASED 0 6.75 7.75 1.00 14.8 1,000 6.75 7.75 1.00 14.8 2,000 6.75 7.75 1.00 14.8 3,000 8.46 9.46 1.00 11.8 4,000 10.17 11.17 1.00 9.8 5,000 11.88 12.88 1.00 8.4 6,000 13.59 14.59 1.00 7.4 7,000 15.30 16.30 1.00 6.5 8,000 17.01 18.01 1.00 5.9 9,000 18.72 19.72 1.00 5.3 10,000 20.43 21.43 1.00 4.9 11,000 22.14 23.14 1.00 4.5 12,000 23.85 24.85 1.00 4.2 13,000 25.56 26.56 1.00 3.9 14,000 27.27 28.27 1.00 3.7 15,000 28.98 29.98 1.00 3.5 16,000 30.69 31.69 1.00 3.3 17,000 32.40 33.40 1.00 3.1 18,000 34.11 35.11 1.00 2.9 19,000 35.82 36.82 1.00 2.8 20,000 37.53 38.53 1.00 2.7 21,000 39.24 40.24 1.00 2.5 22,000 40.95 41.95 1.00 2.4 23,000 42.66 43.66 1.00 2.3 24,000 44.37 45.37 1.00 2.3 25,000 46.08 47.08 1.00 2.2 26,000 47.79 48.79 1.00 2.1 27,000 49.50 50.50 1.00 2.0 28,000 51.21 52.21 1.00 2.0 29,000 52.92 53.92 1.00 1.9 30,000 54.63 55.63 1.00 1.8 31,000 56.34 57.34 1.00 1.8 32,000 58.05 59.05 1.00 1.7 33,000 59.76 60.76 1.00 1.7 34,000 61.47 62.47 1.00 1.6 35,000 63.18 64.18 1.00 1.6 36,000 64.89 65.89 1.00 1.5 37,000 66.60 67.60 1.00 1.5 38,000 68.31 69.31 1.00 1.5 39,000 70.02 71.02 1.00 1.4 40,000 71.73 72.73 1.00 1.4 PLEASE CONTACT STAFF FOR INFORMATION CONCERNING LARGER METERS. OPTION II • OPTION II Summary of Assumptions: 1. Adjust the base rate for 'City' customers by 1/3 of the difference between the base rates for 'City' and 'Non-City' customers. This is the second incremental adjustment for `City' customersas per er the Town's previous commitment to equalize `City' and `Non-City' base rates over a 4year period (FY 97/98 = 1/4 of difference, FY 98/99 = 1/3 of remaining difference, FY 99/00 = 1/2 of remaining difference and FY 00/01 = all of remaining difference). 2. Adjust the base rate for all `Non-City' customers of the Oro Valley Water Utility by $0.10/month to $148.00/month, depending on meter size. 3. Water included in monthly minimum reduces from 2,000 gallons to 1,000 gallons. 4. Adjust the commodity rate for `City' and `Non-City' customers by $0.02/1000 gallons. 5. No increase in meter installation and service charges. Estimated FY 98/99 Revenues from Water Sales= $4,503,246. 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O S w M = W � U W X _ N LU N oo ..r r _ _ :: _ _ CL JQ O (i) ,,.. i _ u) n M rN CO ,:t (, CO Z WU) U) , I- zU) 07,:fitt57.15:41i.:.UUW OPTION#2 ORO VALLEY WATER UTILITY TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON "NON-CITY" CUSTOMERS WITH A 5/8 X 3/4" METER GALLONS CURRENT PROPOSED AMOUNT PERCENT USED RATE RATE INCREASED INCREASED 0 9.75 9.85 0.10 1.0 1,000 9.75 9.85 0.10 1.0 2,000 9.75 11.58 1.83 18.8 3,000 11.46 13.31 1.85 16.1 4,000 13.17 15.04 1.87 14.2 5,000 14.88 16.77 1.89 12.7 6,000 16.59 18.50 1.91 11.5 7,000 18.30 20.23 1.93 10.5 8,000 20.01 21.96 1.95 9.7 9,000 21.72 23.69 1.97 9.1 10,000 23.43 25.42 1.99 8.5 11,000 25.14 27.15 2.01 8.0 , 12,000 26.85 28.88 2.03 7.6 13,000 28.56 30.61 2.05 7.2 14,000 30.27 32.34 2.07 6.8 15,000 31.98 34.07 2.09 6.5 16,000 33.69 35.80 2.11 6.3 17,000 35.40 37.53 2.13 6.0 18,000 37.11 39.26 2.15 5.8 19,000 38.82 40.99 2.17 5.6 20,000 40.53 42.72 2.19 5.4 21,000 42.24 44.45 2.21 5.2 22,000 43.95 46.18 2.23 5.1 23,000 45.66 47.91 2.25 4.9 24,000 47.37 49.64 2.27 4.8 25,000 49.08 51.37 2.29 4.7 26,000 50.79 53.10 2.31 4.5 27,000 52.50 54.83 2.33 4.4 28,000 54.21 56.56 2.35 4.3 29,000 55.92 58.29 2.37 4.2 30,000 57.63 60.02 2.39 4.1 31,000 59.34 61.75 2.41 4.1 32,000 61.05 63.48 2.43 4.0 33,000 62.76 65.21 2.45 3.9 34,000 64.47 66.94' 2.47 3.8 35,000 66.18 68.67 2.49 3.8 36,000 67.89 70.40 2.51 3.7 , 37,000 69.60 72.13 2.53 3.6 38,000 71.31 73.86 2.55 3.6 39,000 73.02 75.59 2.57 3.5 40,000 74.73 77.32 2.59 3.5 PLEASE CONTACT STAFF FOR INFORMATION CONCERNING LARGER METERS. OPTION#2 ORO VALLEY WATER UTILITY TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON "CITY" CUSTOMERS WITH A 5/8 X 314" METER GALLONS CURRENT PROPOSED AMOUNT PERCENT USED RATE RATE INCREASED INCREASED 0 6.75 7.90 1.15 17.0 1,000 6.75 7.90 1.15 17.0 2,000 6.75 9.63 2.88 42.7 3,000 8.46 11.36 2.90 34.3 4,000 10.17 13.09 2.92 28.7 5,000 11.88 14.82 2.94 24.7 6,000 13.59 16.55 2.96 21.8 7,000 15.30 18.28 2.98 19.5 8,000 17.01 20.01 3.00 17.6 9,000 18.72 21.74 3.02 16.1 10,000 20.43 23.47 3.04 14.9 11,000 22.14 25.20 3.06 13.8 12,000 23.85 26.93 3.08 12.9 13,000 25.56 28.66 3.10 12.1 14,000 27.27 30.39 3.12 11.4 15,000 28.98 32.12 3.14 10.8 16,000 30.69 33.85 3.16 10.3 17,000 32.40 35.58 3.18 9.8 18,000 34.11 37.31 3.20 9.4 19,000 35.82 39.04 3.22 9.0 20,000 37.53 40.77 3.24 8.6 21,000 39.24 42.50 3.26 8.3 22,000 40.95 44.23 3.28 8.0 23,000 42.66 45.96 3.30 7.7 24,000 44.37 47.69 3.32 7.5 25,000 46.08 49.42 3.34 7.2 26,000 47.79 51.15 3.36 7.0 27,000 49.50 52.88 3.38 6.8 28,000 51.21 54.61 3.40 6.6 29,000 52.92 56.34 3.42 6.5 30,000 54.63 58.07 3.44 6.3 31,000 56.34 59.80 3.46 6.1 32,000 58.05 61.53 3.48 6.0 33,000 59.76 63.26 3.50 5.9 34,000 61.47 64.99 3.52 5.7 35,000 63.18 66.72 3.54 5.6 36,000 64.89 68.45 3.56 5.5 37,000 66.60 70.18 3.58 5.4 38,000 68.31 71.91 3.60 5.3 39,000 70.02 73.64 3.62 5.2 40,000 71.73 75.37 3.64 5.1 PLEASE CONTACT STAFF FOR INFORMATION CONCERNING LARGER METERS. OPTION ifi OPTION III Summary of Assumptions: 1. Adjust the base rate for 'City' customers by 1/3 of the difference between the base rates for 'City' 'Non-City' customers. This is the second incremental adjustment for `City' and ty 'Non-City'asper the Town's previous commitment to equalize `City' and base customers rates over a 4 year period (FY 97/98 = 1/4 of difference, FY 98/99 = 1/3 of remaining difference, FY 99/00 = 1/2 of remaining difference and FY 00/01 = all of remaining difference). 2. Adjust the base rate for all `Non-City' customers by 4.6%. • 3. Water included in monthly minimum to remain at 2,000 gallons per month. 4. Adjust the commodity rate for `City' or `Non-City' customers by 4.6%. 5. No increase in meter installation and service charges. Estimated FY 98/99 Revenues from Water Sales = $4,432,577. 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'"" F;S S,4`''' c < S i- < S Y•:„:,.7-0,, Ftw,� 1 ,a 4 x �ai, t G.th-4:-.43.::,*I-lit se`s. "t r Z W 2 �.�< Ct ."... al,: i5 1F'% 5.-S..�, , : 01.t S vi Z'k f,k i ,yl�r I.. Lt ,Y y 1i �i�jlyii . ,., _ f, Lr) Q LL WH 0 coN' 00ti0OCO0LU O m 00JJ J HO Q Z Z Cfl CO M 1` CO h- e-- e- CO t) O (0 CO - ›. 63 E} if). e— r- CO Et Et Et U oz _ _ �W W 1,,W - 0 L-: V — op - � Z _10 <J = Q — x Z2 Q2QJ Q _JcnUW o Q OJ U J W tri Q Q U = w M = wOU w U F- W x _ E-- O W J W N T. = = = = = o 0 0— Q 0 C!) 2 Cn 1i �) _ r N CO< (D, CO Z N Cl) Cl) OPTION#3 ORO VALLEY WATER UTILITY TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON "NON-CITY" CUSTOMERS WITH A 5/8 X 3/4" METER GALLONS CURRENT PROPOSED AMOUNT PERCENT USED RATE RATE INCREASED INCREASED 0 9.75 10.20 0.45 4.6 1,000 9.75 10.20 0.45 4.6 2,000 9.75 10.20 0.45 4.6 3,000 11.46 11.99 0.53 4.6 4,000 13.17 13.78 0.61 4.6 5,000 14.88 15.57 0.69 4.6 6,000 16.59 17.36 0.77 4.6 7,000 18.30 19.15 0.85 4.6 8,000 20.01 20.94 0.93 4.6 9,000 21.72 22.73 1.01 4.6 10,000 23.43 24.52 1.09 4.6 11,000 25.14 26.31 1.17 4.6 12,000 26.85 28.1 1.25 4.6 13,000 28.56 29.89 1.33 4.6 14,000 30.27 31.68 1.41 4.6 15,000 31.98 33.47 1.49 4.6 16,000 33.69 35.26 1.57 4.6 17,000 35.40 37.05 1.65 4.6 18,000 37.11 38.84 1.73 4.6 19,000 38.82 40.63 1.81 4.6 20,000 40.53 42.42 1.89 4.6 21,000 42.24 44.21 1.97 4.6 22,000 43.95 46 2.05 4.6 23,000 45.66 47.79 2.13 4.6 24,000 47.37 49.58 2.21 4.6 25,000 49.08 51.37 2.29 4.6 26,000 50.79 53.16 2.37 4.6 27,000 52.50 54.95 2.45 4.6 28,000 54.21 56.74 2.53 4.6 29,000 55.92 58.53 2.61 4.6 30,000 57.63 60.32 2.69 4.6 31,000 59.34 62.11 2.77 4.6 32,000 61.05 63.9 2.85 4.6 33,000 62.76 65.69 2.93 4.6 34,000 64.47 67.48 3.01 4.6 35,000 66.18 69.27 3.09 4.6 36,000 67.89 71.06 3.17 4.6 37,000 69.60 72.85 3.25 4.6 38,000 71.31 74.64 3.33 4.6 39,000 73.02 76.43 3.41 4.6 40,000 74.73 78.22 3.49 4.6 PLEASE CONTACT STAFF FOR INFORMATION CONCERNING LARGER METERS. OPTION#3 ORO VALLEY WATER UTILITY TABLE FOR MONTHLY CHARGES AND PERCENT INCREASE COMPARISON "CITY" CUSTOMERS WITH A 5/8 X 3/4" METER i GALLONS CURRENT PROPOSED AMOUNT PERCENT USED RATE RATE INCREASED INCREASED 0 6.75 8.21 1.46 21.6 1,000 6.75 8.21 1.46 21.6 2,000 6.75 8.21 1.46 21.6 3,000 8.46 10.00 1.54 18.2 4,000 10.17 11.79 1.62 15.9 5,000 11.88 13.58 1.70 14.3 6,000 13.59 15.37 1.78 13. . 7,000 15.30 17.16 1.86 12.2 8,000 17.01 18.95 1.94 11.4 9,000 18.72 20.74 2.02 10.8 10,000 20.43 22.53 2.10 10.3 11,000 22.14 24.32 2.18 9.8 12,000 23.85 26.11 2.26 9.5 13,000 25.56 27.90 2.34 9.2 14,000 27.27 29.69 2.42 8.9 15,000 28.98 31.48 2.50 8.6 16,000 30.69 33.27 2.58 8.4 17,000 32.40 35.06 2.66 8.2 18,000 34.11 36.85 2.74 8.0 19,000 35.82 38.64 2.82 7.9 20,000 37.53 40.43 2.90 7.7 21,000 39.24 r 42.22 2.98 7.6 22,000 40.95 44.01 3.06 7.5 23,000 42.66 45.80 3.14 7.4 24,000 44.37 47.59 3.22 7.3 25,000 46.08 49.38 3.30 7.2 26,000 47.79 51.17 3.38 7.1 27,000 49.50 52.96 3.46 7.0 28,000 51.21 54.75 3.54 6.9 29,000 52.92 56.54 3.62 6.8 30,000 54.63 58.33 3.70 6.8 31,000 56.34 60.12 3.78 6.7 32,000 58.05. 61.91 3.86 6.6 33,000 59.76 63.70 3.94 6.6 r 34,000 61.47 65. 49 4.02' 6.5 * 35,000 63.18 67.28 4.10 6.5 36,000 64.89 69.07 4.18 6.4 37,000 66.60 70.86 4.26 6.4 38,000 68.31 72.65 4.34 6.4 39,000 70.02 74.44 4.42 6.3 40,000 71.73 76.23 4.50 6.3 PLEASE CONTACT STAFF FOR INFORMATION CONCERNING LARGER METERS. 9-511.01. Water and wastewater business; rates; procedures A. A municipality _engaging in a domestic water or wastewater bust 'Hess shall not increase any water or wastewater rate or rate componentfee or service charge without complying with the following: , Prepare a written report or supply data supporting the increased rate or rate component,1' P fee or service charge. A copy of the report shall be made available to the public by filing a copy in the office of the clerk of the municipality governing board at least thirty days prior to the public hearing described in paragraph 2 of this subsection. 2P Adopt a notice of intention by motion at a regular council meeting ng to increase water or wastewater rates or rate components, fee or service charge and set a date for a public hearing on the proposed increase which shall be held not less than thirty days after adoption of the notice of intention. A copy of the notice of intention showing the time and place of such hearing shall be published one time in a date, newspaper of general circulation within the boundaries of the municipality not less than twenty days prior to the public hearing date. B. After holding the public hearing, the governing body may adopt, by ordinance or resolution, the proposed rate or rate component, fee or service charge increase or any lesser increase. ' C. Notwithstanding section 19-142, subsection B, the increased rate or rateP component, fee or service charge shall become effective thirty days after adoption of the ordinance or resolution. • MEMO TO: Mayor Paul Loomis Vice Mayor Paul Parisi V Councilmember Richard Johnson Councilmember Francis LaSala Councilmember Cheryl Skalsky FROM: Valerie Hoyt, Chair of the Water Utility Commission DATE: September 13, 1998 SUBJECT: Public Hearing Regarding Increase in Water Rates Since I will not be able to attend the Town Council meeting on September 16, 1998, for the public hearing on the possible increase in rates charged to customers of the Oro Valley Water Utility, I have taken the liberty to ask Commission Members who were involved in the process of developing the most recent Annual Report to attend. In addition, I am preparing this memo which I am requesting be read into the record at the September 16th Council Meeting. For background information, the Finance Sub-Committee decided at its first meeting to perform a cost of service study for the water utility. Ron Kozoman, rate consultant, did the study and advised us on rate matters. That study, which is designed to portray how well the revenues from each class of customer are covering the costs associated with serving those customers, revealed some interesting data. The residential class of customers is not paying for the cost of their service and a rate increase of almost 25% would be required for break even. The class of customers that provides most of the help for the residential class is the group that includes golf courses. While some measure of subsidization is normal in public utilities, our situation leaves us in the position of losing much of the revenue that provides the subsidy. Finally we noted that approximately 23% of operating revenues was derived from golf courses as of twelve months ended November 1997. In order to prevent rate shock in some future year, we concluded that we needed a plan that would gradually shift revenue requirements from golf courses to residential and other users. Option II of the Council communication, which is before you tonight, is the result of the Commission's efforts and, on behalf of the Commission, I recommend its adoption in lieu of the Town Manager's Option III. Our recommendation increases the base rate by ten cents a month, reduces the amount of "free"usage covered by the base rate from 2,000 to 1,000 gallons per month, and increases the commodity charge by two cents per thousand gallons for water not included in the base rate. The Town Manager's proposal leaves the "free"water at 2,000 gallons per month and increases both the base rate and the commodity charge by 4.6%. The element in the Commission proposal that causes the shift to residential and other small users is the reduction in gallons that are allowed as part of the base rate. . Ip erformed calculations with both Options II and III using customer and gallon usage data that existed during the twelve months ended November 1997. The results illustrate the difference inp robable revenue increases from residential and golf course users. The proposal 4.6% Town Manager's osal shows golf revenue increases by and residential by g 4.9%. The Commission's proposal shows golf increases by 1.3% and residential by 9.2%. Although mycalculations are simple and rely on averaging of the available data, I g feel the shift desired by the Commission is adequately demonstrated.. I do not wish to second-guess the purpose of an across the board 4.6% increase unless it serves to soften the increase to residential consumers. Our recommendation does appear toe unish those who use between 1,000 and 2,000 gallons a month with an 18.8% (Non- City) increase although the dollar amount is only $1.83 a month. The average monthly use is about 9,500 gallons and the Non-City customer in the 9,000 gallon use range can expect a 9.1% increase, which does support the results of my calculations. However,the over-all 4.6% increase does not solve the issue of what action will have to be taken when golf courses are removed from the use of groundwater. In fact, the spread between small users andg olf courses becomes even greater and, in the long run, more revenue will have to be recovered. To conclude, I would cite the issues the Commission considered in arriving at its recommendation. 1. Golf courses contributed approximately 23% of the water utility's operating revenues through the twelve months ended November 1997. 2. Golf courses will be removed from use of groundwater as other sources are identified and made available. 3. The rate shock that will happen in making up these revenues when the need occurs is not acceptable. Therefore steps must be taken now to gradually shift revenue requirements from golf to other users. 4. The cost of providing service to residential customers is not fully recovered through rates charged to those customers. Although subsidization of residential customers is normal in the utility industry, the planned removal of the customer class that provided most of the subsidy puts the Oro Valley Water Utility at risk. The Commission, as a group, did not review the Town Manager's proposal. Therefore any comments contained in this memo about Option III are mine. As Chairman of the Oro Valley Water Utility Commission, I strongly recommend to the Council the adoption of the rate structure described in Option II. cc: Members of Water Utility Commission Chuck Sweet David Hook Shirley Seng C3'7 CP COU) m iz K e,c) RI' '� "(12- M W M M w �;r�r 0 DD Co " 3 co )j; D --I � m m -- m c_). 2 0 2 m � z � m 0). ---4,4 IV co --,z. -13 ---.1' '''-8 � h.) .." -0-.) CD' --i � 6 0 02 0 6 I* oi , 2 13 > 0 r- Z > 0 > 0 F- P cda I- 0 I- • 0 O o I D o M O o z{d4mg —Im � N � o j "" x -- x 9 ..- 70 O � , Q � wr- C Cflw � I i•) ' *r O CP """I ... 1 0 r- --4 01z 0 0 --1 0 -‹ 0 E K 1'< 0 K > K K 73 0 0 0 11 8 > g- 0 Z 0 0 > 0 —i to 0 -- .... E - m M• m • M E M --.1 -.I co .-iz) 7Z) co .'"kil el D D Cl)C/) D > > 0 �D p p D r r- r rO r Z Or 0 � 8 o c?, o m o to (3.13 9 0 9 .- xr r ... 1 r � w > 5 TOWN OF ORO VALLEY 5 COUNCIL COMMUNICATION MEETING DATE: September 16, 1998 TO: HONORABLE MAYOR& COUNCIL FROM: David L. Andrews, Finance Director SUBJECT: Award of Bid—Townwide Computer Network Upgrades SUMMARY: In August 1998, the Town released a request for proposal (RFP)to secure the services of a qualified vendor to upgrade the Town's computer network and migrate the network from Novell to Windows NT. The purpose of pg the RFP was to improve the speed of the network and workstations, increase system reliability and storage space on servers and ease network administration. These upgrades will also enhance interdepartmental communications, file sharing capabilities, and communications with our customers, the citizens of Oro Valley. Using Microsoft Office 97 software programs such as Word, Excel and Powerpoint, files and documents can easily be accessed and updated by multiple users within the various Town departments. Microsoft Mail enhances the ease of electronic messaging among employees. The Town currently has 15 e-mail addresses assigned to various departments/divisions and uses the Front Page 98 software application to support the Oro Valley webpage. These upgrades will enhance citizens access to the Town and allow staff to update the webpage more efficiently Over time, these upgrades should improve the quality and availability of public information. ANALYSIS: On August 17, seven(7) proposals were received. The following is a summary of those bids: Vendor Cost Computers Plus Technologies L.L.C. $62,171 Copper State Communications Inc. $63,743 ISIS 2000 $65,463 North American Digital $66,057 Elcom Services Group $86,223 Spectrum Communications $86,483 MicroAge Advance Systems Group $117,534 The bids were evaluated by staff along with Scott Phillips of McKnight Consulting, the consultant who drafted the specifications for the RFP. Bids were evaluated based on pricing, vendor qualifications, experience and certifications. Based on those criteria, staff recommends award of bid to the low bidder, Computers Plus Technologies. Should the Council award the bid, McKnight Consulting will act as project manager and implementation will begin. TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 2 FISCAL IMPACT: FY 1998-99 Budget Amount $47,500 Recommended Bid Award Amount 62,171 Budget Shortfall $14,671 The shortfall is due to a higher cost of labor than was expected. However, staff recommends award of bid and will look to other potential savings in the General Administration budget line items to offset the shortfall. ATTACHMENTS: 1. Bid Comparison—Computer Network Upgrades 2. Request for Proposal—Computer Network Upgrades RECOMMENDATION: Staff recommends the bid be awarded to Computers Plus Technologies. SUGGESTED MOTION: I move to award the bid to Computers Plus Technologies for Townwide Computer Network Upgrades. or I move to . . . . 0/44/14:i)N, David L. 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E o -c o c o 0 2 co 2 •C a) a) = N N .. C — = L a) a) a) CI 3 o 3 0) a) F- a CC Q - v c Q o a) co 0 Q = 1- U) ix z = p Z co L To To v as ca c2a = '0 a. m < TA c 71, c ° E.a rn c (13 - o = - 4..m REQUEST FOR PROPOSAL ORO VALLEY COMPUTER NETWORK UPGRADE GENERAL TERMS AND CONDITIONS PURPOSE The purpose of this Request for Proposals (RFP) is to secure the services of a qualified vendor to upgrade the Town of Oro Valley's network and migrate the network from Novell to Windows NT. The objectives of this Request for Proposals are: 1) To improve speed of network and workstations; 2) Increase reliability of workstations and storage space on servers; 3) Ease network administration; 4) Improve file sharing capabilities and 5) Enable interdepartmental communication. DEADLINE Sealed Proposals shall be submitted no later than August 17, 1998 at 4:00 p.m. to: Town of Oro Valley 11,000 N. La Canada Drive Oro Valley, Arizona 85737 Attention: Finance Department C/O David Andrews, Finance Director PRE-PROPOSAL CONFERENCE All interested vendors are encouraged to attend a public meeting to be held on Tuesday, August 4, 1998 at 9:00 A.M. at the Town of Oro Valley, Administration Building, 11,000 N. La Canada Drive, Oro Valley, Arizona 85737. Representatives from the Town will be on hand to review the RFP and answer any questions. QUESTIONS Any questions concerning this Request for Proposal should be directed to David Andrews at(520)297-2591. - ELIGIBILITY Proposals will only be accepted from vendors who are actively engaged in the type of service called for in the RFP. 1 Vendors shall include documentation regarding their qualifications as certified network technicians. Where service work is to be performed by a subcontractor, the bidder must name the subcontractor, and the Town reserves the right to determine whether the named subcontractor is fit and capable to perform the required work. MODIFICATION OR WITHDRAWAL OF PROPOSALS Proposals may be modified or withdrawn in person by an authorized representative of the offeror or by written notice received at any time prior to the closing date and time specified. BIDS BINDING SIXTY (60) DAYS Unless otherwise specified all formal proposals submitted shall be binding for sixty (60) calendar days following the closing date unless extended by mutual consent of both parties. SCOPE OF WORK Refer to Hardware/Labor specifications on bid cost form. INDEMNIFICATION To the fullest extent permitted by law, the Vendor shall defend, indemnify and hold harmless the Town of Oro Valley, its agents, officers, officials and employees from and against all tortuous claims, damages, losses and expenses (including but not limited to attorney fees, court costs, and the cost of appellate proceedings), relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of the Vendor, its agents, employees, or any tier of Vendor's subcontractors in the performance of this Contract. Vendor's duty to defend, hold harmless and indemnify the Town of Oro Valley, its agents, officers, officials and employees shall arise in connection with any tortuous claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by any Vendor's acts, errors, mistakes, omissions, work or services in the performance of this Contract including any employee of the Vendor, any tier of Vendor's subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services the Vendor may be legally liable. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. 2 INSURANCE REQUIREMENTS All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Contract is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of the Town of Oro Valley, constitute a material breach of this Contract. The Vendor's insurance shall be primary insurance as respects the Town of Oro Valley, any insurance or self-insurance maintained by the Town of Oro Valley shall Y not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect the Town of Oro Valley. The insurance policies shall contain a waiver of transfer rights of recovery (subrogation) against the Town of Oro Valley, its agents, officers, officials and employees for any claims arising out of the Vendor's acts, errors, mistakes, omissions, work or service. The insurance policies may provide coverage which contain deductibles or self- insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to the Town of Oro Valley under such policies. The Vendor shall be solely responsible for the deductible and/or self insured retention and the Town of Oro Valley, at its option, may require the Vendor to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. The Town of Oro Valley reserves the right to request and to receive, within 10 workingdays, certified copies of any or all of the herein required insurance policies and/or endorsements. The Town of Oro Valley shall not be obligated, however, to review same or to advise Vendor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Vendor from, or be deemed a waiver of, the Town of Oro Valley's right to insist on strict fulfillment of Vendor's obligations under this Contract. The insurance policies required by this Contract, shall name the Town of Oro Valley, its agents, officers, officials and employees as Additional Insureds. REQUIRED COVERAGE Commercial General Liability Vendor shall maintain Commercial General Liability insurance with a limit of not less than $100,000 for each occurrence with a$200,000 Products/Completed Operations 3 Aggregate and a $200,000 General Aggregate Limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability p be at assumed under the indemnification provisions of this Contract which coverage willb least as broad as Insurance Service Office, Inc. Policy Form CG 00011093 or any replacements thereof. The coverage shall not exclude X,C.U. Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc.s Additional Insured, Form B, CG 20101185, and shall include coverage for Vendor's operations and products and completed operations. If required by this Contract, the Vendor subletting any part of the work, services or operations awarded to the Vendor shall purchase and maintain, at all times during prosecution of the work, services or operations under this Contract, an Owner and Vendor's Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of the Vendor's work, service or operations under this Contract. Coverage shall be on an occurrence basis with a limit not less than $100,000 per occurrence, and the policy shall be issued by the same insurance company that issues the Vendor's Commercial General Liability insurance. CERTIFICATES OF INSURANCE Prior to commencing work or services under this Contract, Vendor shall furnish the Town of Oro Valley with Certificates of Insurance, or formal endorsements as required by the Contract, issued by Vendor's insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Contract are in full force and effect. In the event any insurance policy(ies) required by the contract is (are) written on a "claims made"basis, coverage shall extend for two years past completion and acceptance of the Vendor's work or services and as evidenced by annual Certificates of Insurance. If a policy does expire during the life of the Contract, a renewal certificate must be sent to the Town of Oro Valley fifteen (15) days prior to the expiration date. All Certificates of Insurance shall be identified with bid serial number and title. A $25.00 administrative fee will be assessed for all certificates received without the appropriate bid serial number and title. 4 CANCELLATION AND EXPIRATION NOTICE Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) days prior written notice to the Town of Oro Valley. PROPOSAL EVALUATION CRITERIA In addition to cost, each proposal shall be evaluated on the following factors: OFFEROR'S EXPERIENCE: Measured in terms of the vendor's performance in information technology systems and network upgrades. QUALIFICATIONS OF KEY PERSONNEL: Measured in terms of relevant experience ofro osed key personnel and their professional abilities and certifications to execute the p p project. AWARD PROCEDURES The Town shall make such investigation as it deems necessary to determine the ability of offeror to furnish the required equipment and services, and the offeror will furnish to the Town all such information and data for this purpose as the Town may request. The Town reserves the right to reject any proposal if the evidence submitted by, or investigation of, such offeror fails to satisfy the Town that such offeror is properly g qualified to carry out the obligations of the Contract, and to perform the services contemplated herein. The Town will enter into contract negotiations with the highest ranked offeror. The Town reserves the right to reject any or all proposals submitted, and to waive any informality in the proposals. The right is also reserved to award the contract where it appears to be in the best interest of the Town of Oro Valley. WHAT TO SUBMIT LETTER OF TRANSMITTAL Limit two (2) pages. Make a positive commitment to perform the required work within the time period requested. Also, give the name (s) of the person (s) who will be authorized to make representations for your firm, their title, and telephone number. UNDERSTANDING Offerors will include in this part an understanding of networks as related to the Town of Oro Valley's needs. 5 COSTS Please complete the attached bid cost forms for hardware and labor. OFFERS THAT DO NOT COMPLETE THIS SECTION WILL NOT BE CONSIDERED. SUBCONTRACTORS Please complete the subcontractor information sheet attached. 6 LIST OF SUBCONTRATORS: NAME ADDRESS 1. 2. 3. 4. 5. 7 TOWN OF ORO VALLEY REQUEST FOR PROPOSALS COMPUTER NETWORK UPGRADE BID COST FORM Network Upgrade and Migration from Novell to Windows NT for the Town of Oro Valley. Please complete this form in its entirety. Incomplete forms will not be processed. Bidder Name: Contact: Phone: Address: City: State: Postal Code: EIN: Eadie State ate: Estimated Project Duration: Length of Warranty on services: Length of Warranty on hardware: (if it varies, please specify for each) Tech support availability: (e.g., 24 hours/7 days) Signature of Vendor Duly Authorized Representative Date 8 HARDWARE Qty. Item Description Total Cost* UTP CAT-5 plenum grade cable (per linear foot to replace existing wire- assume 10 workstations need rewiring for a total of 800 linear feet). Include keystones and wall plates in pricing. 5 24 port stackable managed hub switched ethernet(10/100 Mbps) 3Com Superstack II 500 or Bay Networks managed dual speed 24 port 6 Windows NT Advanced Server version 4.0 with latest service pack (w/licenses) 81 3Com 3C905B 10/100 ethernet PCI NIC 1 Remote installation software (e.g., McAffee Zero Administration Client) 6 Pentium II class servers with: Intel Pentium II 300 MHz CPU's 128 MB SDRAM single module 9 GB Ultra-Wide SCSI drives with 5 year warranty and<9 ms access Adaptec 2940 UW SCSI controller cards with Wide SCSI cables Full ATX tower cases with 3 cooling fans (Diamond or Suntek only) 3Com 3C905B NIC PCI A-Bit or Shuttle BX chipset motherboard with latest BIOS update Trident VGA PCI video card with 1 MB or low-end Equivalent 8X SCSI internal CD-ROM (Plextor,NEC or Toshiba only) 81 Windows 95 OSR 2.1 1 Exchange Server(may be packaged with Windows NT 4.0 small Office server) 1 Hewlett-Packard C1554AI 12-24 GB SCSI tape backup with three DDS-3 tapes 1 US Robotics/3Com External 56K V.90 Modem with cable SUBTOTAL *Including any applicable state and local sales taxes 9 LABOR Please estimate the time required for each item and the total cost of the labor. Hours Item Description Total Cost Installation of 3Com Network cars in 50 workstations Installation and configuration of Windows NT AS 4.0 on 5 servers Installation and configuration of Windows 95 on 50 workstations Configuration of Town network servers with(please specify time and price for each): Trusted and trusting domains i Primary domain controller acting as central file Repository, mail server and backup machine Remote access to PDC via TCP/IP and SMB (NetBEUI) Automatic file replication from domains to PDC Installed remote administration and software Distribution software Inter- and Intradepartmental e-mail via Exchange Server Automated centralized tape backup Migration from Novell to Windows NT network Ensure all wiring is Fast-ethernet capable (IEEE standards Of transmission) Graphically diagram and list all network connections including: All workstations and their hardware specifications Hubs and management support Trusts and trusted domains Security implementations Remote access locations and permissions Network wiring diagram for all offices Configure centralized town server with Apache or IIS for httpd SUBTOTAL TOTAL BID COST 10 TOWN OF ORO VALLEY 6 e COUNCIL COMMUNICATION MEETING DATE: September 16, 1998 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Chuck Sweet, Town Manager SUBJ: Oro Valley Communications Center SUMMARY: At the request of Council Member Skalsky, this agenda item was added to an amended agenda for the September 16th Regular Council meeting. As a response to this request, Staff conducted a survey of what types of communication are being used by the various town departments. Below is the information obtained: Streets and Roads The Streets and Roads Division has 6 field employees, all of whom have pagers and hand held radios. In addition to a pager, the Crew Foreman is provided with a cellular phone. The field crew can communicate with each other via hand held radios. (These radios presently cannot interface with OVPD dispatch for emergency purposes.) Problems occur when someone other than the Crew Foreman is paged. Water Utility Department The Water Utility Department has 15 employees including administrative personnel. Of the fifteen, ten are field employees. All field personnel have cell phones and pagers. This system appears to be working satisfactorily. Building Department Including the Chief Building Inspector, this department has four Building Inspectors. Cellular phones are mounted in the four vehicles used by the inspectors. The Inspectors do not have pagers. Due to the fact that the phones are mounted in the vehicles, town staff has only moderate success when trying to reach an inspector. Zoning Inspectors The Town's two Zoning Inspectors currently share one cellular phone, however funds are budgeted to purchase a phone for each of these two employees. This purchase should take place within the next two weeks. Park Maintenance The Parks Administrator and the Park Monitor each have a pager and cellular phone. As a result, these individuals are easily accessible. The Pool Manager is provided with a cellular phone while the pool is in operation. The Maintenance Supervisor is provided with a pager and a cellular phone and his two crew members have pagers. During the off season, the Pool Manager's cellular phone is given to one of the two maintenance crew members. This arrangement leaves one crew member with only a pager as a means of communication. Transit Division The Transit Division has one Transit Administrator, two full time drivers and two part time drivers. The Transit Director has a cellular phone. Two-way radios are installed in each of the Town's three vans. On rare occasions, the Transit Administrator has had to contact one of his drivers via a personal pager. The two-way radios work well except when the drivers are out of their vans. Police Department The Police Department has 54 commissioned officers. Of those individuals, the Command Personnel (Sergeants, Lieutenants, the Chief and (1) lead officer per shift) are provided with cellular phones. Pagers are issued to the Command Personnel as well as to Detectives, SWAT Team Members and K-9 Officers. Every Patrol Officer has a UHF radio mounted in their vehicle, and is provided with a hand-held portable radio. As a result, Police Personnel are easily accessible. ATTACHMENTS: None FISCAL IMPACT: None RECOMMENDATION: None SUGGESTED MOTION: None //ed 7 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: 9/16/98 TO: HONORABLE MAYOR AND COUNCIL FROM: CHUCK SWEET, TOWN MANAGER DATE: September 15, 1998 SUBJ: Purchase of State Land (Cal-Mat Site) Status Report SUMMARY: On September 24th, 1996 the Town made application to purchase the State Land Parcel currently under lease to Cal-Mat Industries. Since that time the State Land Department has been preparing this property for public auction according to the rules outlined on the enclosed attachment. Following the Town's application to purchase the site, the State Land staff was discussing the possibility of auctioning this 173-acre parcel into two different pieces. One auction for the undisturbed 30+ acres that lies adjacent to the Naranja Road right of way, and a second auction for the balance of the site which has been disturbed by mining and materials production for the past 50+ years. Based upon recent conversations with the current Land Disposition Agent, Mr. Robert F. Jarus, it appears now that the sale will be recommended as one sale for the entire 173- acre site. Where is the town at today in the State Land process? According to the information sent to my office by Mr. Jarus, Oro Valley's application to purchase this subject property will be taken to the Project Evaluation Panel (PEP) during October, 1998. Following a positive recommendation of PEP and concurrence by the State Land Commissioner Oro Valley may be required to complete an archaeological study (estimated between $1,000 - $2,000) and boundary survey (prices currently being developed) of the property. A major concern that has been discussed as the Town made application to purchase this state land parcel is the possibility of environmental contamination on the site. As a result of this concern the 1998-99 budget was adopted with $200,000 budgeted to pay for expenses related to this purchase such as environmental assessments, archaeological expenses and any pre-auction expenditures. ATTACHMENTS: 1. Cover letter dated September 3rd, 1998 from Mr. Robert J. Jarus, Land Disposition Agent/Sales. 2. Arizona State Land Department Trust Land Sale Information 3. Page 78 of adopted 1998-99 budget relating to Purchase of Cal-Mat Site RECOMMENDATIONS: It is recommended that the Town continue with the application for purchase of the 173-acre State Land parcel that was applied for in September 1996. It is also recommended that the Town secure the potential services of a qualified archaeologist, environmental consulting firm (Phase I Environmental Assessment) and Arizona registered Land Surveyor, so that no time will be lost in preparing the State Land Parcel for public auction. SUGGESTED MOTION: NONE ldiaaiff I/ Chuck Sweet, Town Manager T Arizona 4.,..,,,, --„..so,„., r , <or, ..1 �....r.........\� •raw fafr lantx D� arfmrnf Z� _.,:, 1616 WEST ADAMS '''',. e4: "i db ' PHOENIX,ARIZONA 85007 JANE DEE HULL J.DENNIS WELLS GOVERNOR STATE LAND COMMISSIONER September 3, 1998 Mr. Chuck Sweet. Town Manager Town of Oro Valley 11000 North La Canada Drive Oro Valley, AZ 85737 Dear Mr. Sweet: Enclosed is sale information on purchasing Arizona State Trust Land. After your review, if you need any additional information, please call me at(602) 542-1725. Sincerely,, /----- Robert F. Jarus Land Disposition Agent/Sales RFJ:cm Enclosures • ARIZONA STATE LAND DEPARTMENT TRUST LAND SALE INFORMATION Arizona State Trust Land sales are subject to the Arizona Revised Statutes § 37-231 through § 37-261, and the Administrative Rules and Regulations , Article 4 , R12-5-71 through R12-5-81 . The State is allowed to sell Trust lands, but is not required to sell lands requested in purchase applications . The Sales Section of the State Land Department maintains a current list of Trust lands being advertised for sale at public auction. These sales are initiated by an interested party filing an "Application to Purchase State Lands" with the Department . EVALUATIONS : The State must act in the best interest of the State Land Trust . Sale requests are evaluated in terms of this responsibility. A thorough review is made of the lands requested, considering such things as hydrology, geology, and archaeological significance . Existing leases , rights-of-way, urban potential , and revenue producing capabilities are reviewed. ESTIMATED CHARGES : . _.. 1 . $200 . 00 non-refundable Filing Fee for the "Application to Purchase State Lands . " 2 . Duringthe review of your application, the Department may - determine that a Archaeological Site Check is necessary. If one is required, the cost of the Archaeological Site Check, • and any archaeological clearance measures, are paid by the applicant and later reimbursed if the applicant is not the successful bidder. If no bids are received at the public auction, this cost is not refunded. The archaeological inspectionopinionby and an approved archaeologist shall be submitted by the applicant to the Department . 3 . Duringthe review of your application, the Department may • Surveynecessary. If one is determine that a Certified is y re ired, the cost of a Certified Survey is paid by the applicant and later reimbursed if the applicant is not the successful bidder. If no bids are received at public auction, this cost is not refunded. The survey must be completed by a registered Arizona Land Surveyor. 4 . Advertising Expenses : A $2, 500 . 00 (or more) fee for the estimated advertising expenses is required of the applicant, and must be received prior to the Department scheduling a public auction. Any balance, over or under the actual advertising costs, is • either refunded or assessed to the } successful bidder. If there are no bidders at public auction, the applicant who initiated the sale assumes the total advertising cost . The sales notice is advertised for ten Trust Land Sale Information Page 2 consecutive weeks in the Arizona Business Gazette and in a regularly published newspaper of general circulation within g Y the County where the land is located. 5 . Land Value : Current fair market value is established by means of a formal appraisal . This appraised value is then used as the minimum acceptable bid at the time of public auction. � 6 . Reimbursable Improvements : Current fair market value of the improvements is established by means of a formal appraisal and is due at the time of sale. If the successful bidder is the owner of the reimbursable improvements, no payment is required. 7 . Planning and Zoning Fees : If the subject property is within an approved Development Plan Area, planning and zoning costs may be assessed. 8 . Selling and Administrative Fee : A fee not to exceed 3% of the P price rice will be assessed the successful bidder. When reimbursable improvements are included in the sale, _ the successful bidder must pay a 2% fee on the first $250 , 000 . 00 of the azraised value of the improvements , even if the successful bidder is the owner of the improvements . ALL COSTS SHALL REMAIN THE RESPONSIBILITY OF THE. APPLICANT, UNLESS THE APPLICATION IS WITHDRAWN BY WRITTEN NOTICE TO THE DEPARTMENT 15 DAYS PRIOR TO INCURRING THESE COSTS . APPLICATION PROCESSING: The estimated time for processing an "Application to Purchase State Lands" is in excess of 12 months . 1 . Application is received at the State Land Department and checked for proper fees, accuracy, and legal description. 2 . Legal Description for Application: A separate legal description will be required for each SECTION of State Trust land. Each legal description will be accompanied by a survey plat or a sketch on the enclosed form. The following are acceptable : a. Full sections which include section number, township number, range number, and principle meridian. b. Aliquot parts of a section or subdivisions thereof, and GLO/BLM lots which include section number, township number, range number, and principle meridian. c. Tracts within a Department-approved State Plat . Trust Land Sale Information Page 3 d. The applicants will be notified if a certified land survey is required. 3 . The file is assigned to a Sales Administrator who will solicit comments from various Divisions within the Department and other affected government agencies, if necessary. 4 . After responses have been received and the field inspection has been completed, the Sales Section will make a recommendation to either proceed or deny the application to the Project Evaluation Panel (PEP) . PEP forwards its recommendation to the State Land Commissioner. 5 . If a denial is recommended and the Commissioner concurs , the file is forwarded to the Operations Division for preparation of the Denial Order. 6 . If continued processing is recommended, the applicant may be required to submit an archaeological study and boundary survey. 7 . Once the requisite information and studies are received and approved and the terms of the sale have been discussed with the applicant, the appraisal will be ordered. The completed p" appraisal must first yirst be accepted bythe Commissioner, before the applicant is notified of the appraised value . Within a specified period of time, the applicant must either accept the appraisal or file an appeal, should they disagree with the value . 8 . If the appraised value. is approved by both the Commissioner PP and the applicant, the applicant is required to submit to the Department payment for the estimated advertising expenses in the amount of $2, 500 . 00 . If applicable, paid receipts for both the certified survey and archaeological inspection shall also be furnished by the applicant at this time . NO AUCTION DATE WILL BE SCHEDULED UNTIL ALL THESE REQUIREMENTS HAVE BEEN MET .BY THE. APPLICANT. 9 . When all requirements as stated in #8 have . been met, the application and appraisal are presented to the State Board of Appeals for their approval or rejection. This Board meets once a month. 10 . If approval is received from the Board of Appeals , the application is presented pp to the Commissioner for his order authorizing the sale . 11 . After a Commissioner' s Order to Authorize the Sale has been issued, an auction is scheduled and the Sales Notice prepared for legal advertising. Trust Land Sale Information Page 4 12 . The Sales Notice is advertised for ten consecutive weeks in two newspapers as required by the State Enabling Act . 13 . An oral , competitive auction open to the public is conducted, and the property sold to the highest and best bidder. 14 . If the land is sold subject to terms , a Certificate of Purchase is issued by the Department and maintained until su h time that the Certificate of Purchase has been satisfied. 15 . Upon satisfaction of the Certificate of Purchase a Patent is issued to transfer clear title to the buyer. Partial Patents may be issued in conformance with State Statutes . 16 . Mineral rights on Trust lands purchased at public auction are not transferred to the successful bidder. AUCTION PROCEDURES : Bidding is oral, and no bid for less than the advertised appraised value will be accepted. With the exception of Maricopa County, the auction site will be the courthouse of the county in which the land is located. Lands located in Maricopa County are auctioned at the Land Department' s Phoenix Office or as otherwise stated in the Sales Notice . METHOD OF PAYMENT - Terms of sale are conditioned to serve the best interests of the Trust. They are structured prior to the sale, and are stated in the legal advertising notice under "Terms of Sale. " : 1 . Cash sale : a. A cashiers check will be required on the day of sale for thea praised value, fees , and expenses . In the event of P� - competitive bidding, additional monies, related expenses, and fees, due on the amount over and above the appraised value, will be due 30 days after the time of sale . 2 .. Term sale: a. A cashiers check will be required on the day of sale to cover the down payment, related fees and expenses . b. In the event of competitive bidding, additional monies, related expenses, and fees, due on the amount over and above the appraised value, will be due 30 days after the date of sale . (forms\masters\landsale.inf-9/96) TOWN OF ORO VALLEY GENERAL ADMINISTRATION GENERAL FUND FISCAL YEAR 1998-99 BUDGETED EXPENDITURES CAPITAL OUTLAY DETAIL CURRENT YEAR BUDGET YEAR 1997-98 ESTIMATED DEPARTMENT MANAGER 1998-99 COUNCIL DESCRIPTION BUDGET ACTUAL REQUEST REVIEW APPROVAL Improvements $ 62,000 $ 43,770 • Machinery&Equipment 14,500 12,953 1 - , • , Vehicles16,000 21,120 • 01Town-Wide Pool Car(CIP) - - $ 20,000 $ 20,000 $ 20,000 4 Purchase of Cal-Mat Site(CIP) - - 200,000 200,000 200,000 Improvements to Records Retention Center - • 6,000 Computer Network Upgrades(Hardware) - - - - 33,500 TOTAL CAPITAL OUTLAY $ 92,500,$ 77,843 ,$ 220,000,$ 220,000 1$ 259,500 78 ,, -.4- A ttn csil ..,...„ cn p -4-.--, --t- -0 v v < 0 o u) E to v - a) o v o p virl c6 -.4= > U a. U __► w Q -0 C „....... cz dia>it -LB Ci) C4, z < � v --- N 0 qM ,... cocn a) ...-e-- -co 6 ,, CL t.....- 1► .0 v.8 E — t Q 0qM L. M . 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