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HomeMy WebLinkAboutCouncil Agenda Packet (Full) 09/16/2003 r TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road September 16, 2003 - 7:00 p.m. Mayor Bobby Sutton, Jr. Vice Mayor Herb Kai Council Member Jim Blake Council Member Patti Comerford Council Member Tim Escobedo Council Member Ed Honea Council Member Carol McGorray Town Manager Mike Reuwsaat Welcome to this Marana Council Meeting Regular Council Meetings are usually held the first and third Tuesday of each month at 7:00 p.m.. at the Marana Town Hall, although the date or time may change, or Special Meetings may be called at other times and/or places. Contact Town Hall or watch for posted agendas for other meetings. This agenda may be revised up to twenty -four hours prior to the meeting. In. such a case a new agenda will be posted in place of this agenda. If you are interested in speaking to the Council during Petitions and Comments, Public Hearings, or other agenda items, you must fill out a speaker card (at the rear of the Council Chambers) and deliver it to the Clerk in advance of the agenda item you wish to address. It is up to the Mayor and Council whether individuals will be allowed to address the Council on issues other than Announcements, Petitions & Comments, and Public Hearings. All persons attending the Council Meeting, whether speaking to the Council or not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and goad conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. To better serve the citizens of Marana and others attending our meetings, the Council Chamber is wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, -such. as assistive listening devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such special services are available upon prior request, at least ten (10) working days prior to the Council Meeting For a copy of this agenda or questions about the Council Meetings, special services, or procedures, please contact Jocelyn C. Bronson, Town Clerk, at 682 -3401, Monday through Friday from 8 :00 a.m. to 5:00 p.m. ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Amended agenda items appear in italics. Posted by September 12, 2003 by 7 :00 o'clock p.m., at the Marana Town Hall, Marana Police Department, Marana Development Services Center. ❑ 1 TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon, Adams Road September 16, 2003 - 7:00 p.m. I. CALL TO ORDER H. PLEDGE OF ALLEGIANCE IIL INVOCATION/MOMENT OF SILENCE IV. ROLL CALL V. APPROVAL OF AGENDA VI. ACCEPTANCE OF MINUTES Minutes of the September 2, 2003 Council Meeting VII. CALL TO THE PUBLIC—ANNOUNCEMENTS—INTRODUCTIONS At this time, any member of the public is allowed to address the Town Council on any issue not already on tonight's agenda. The speaker may have up to three (3) minutes to speak. Any persons wishing to address the Council must complete a speaker card (located at the rear of the Council chambers) and deliver it to the Town Clerk prior to this agenda item being called. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the Council may respond to criticism made by those who have addressed the Council, may ask staff to review the matter, or may ask that the matter be placed on a future agenda. VIII, STAFF REPORTS IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA The consent agenda contains agenda items requiring action by the Council which are generally routine items not requiring council discussion. A single motion will approve all items on the consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from the consent agenda, and that issue will be discussed and voted upon separately, immediately following the consent agenda. 1. Resolution No. 2003 -109: Purchase Agreement for improvements of State Land between the Town of Marana and Dan and Patricia Post Claret Barr) 2. Resolution No. 2003 -107 Intergovernmental Agreement with Pima County to extend the Marana Construction Works! Affordable (lousing Program (Dick Gear) 3. Discussion and Direction Request for a parks superintendent, one additional laborer to act as a trades helper for facilities maintenance (Jane Rowell) 2 TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road September 16, 2003 - 7:00 p.m. B. COUNCIL ACTION 1. Resolution No. 2003 -108 Approval of Construction Manager at Risk Contract for the construction of the Marana Municipal Complex (Jim DeGrood) 2. Ordinance No. 2003.23 Authorizing an exchange of real property to reconfigure the Marana Municipal Complex for the new Town Hall improvements and the execution of a Real Estate Exchange and Development Agreement with Reyher Partnership and Marana 348 Limited Partnership (Jim DeGrood) 3. Discussion/Direction: For information on the Regional Effluent Planning Partnership (Farbad Moghimi) 4. Resolution No. 2003 -103: Gladden Farms Block 6 Preliminary Plat A request by Richmond American Homes for preliminary plat approval of a 112 -lot single family detached home subdivision on approximately 25 acres within the Gladden Farms Development. The proposed subdivision will be located on Block 6 of the Gladden Farms Block Plat, directly south of Moore Road and east of the new Lon Adams Road, within Section 34, Township 11 South, and Range 11 East (Joel Shapiro) 5. Resolution No. 2003 -104: Gladden Farms Block 10 Preliminary Plat A request by Richmond American Homes for preliminary plat approval of an 84-lot single family detached home subdivision on approximately 26 acres within the Gladden Farms Development. The proposed subdivision will be located on Block 10 of the Gladden Farms Block Plat, directly south of Gladden Farms Drive and west of the new Lon Adams Road, within Section 34, Township 11 South, and Range 11 East (Joel Shapiro) 6. Resolution No. 2003 -99: Pima Farms Village Preliminary Plat A request for approval of a preliminary block plat consisting of four blocks on approximately 156 acres located at the northeast corner of Pima Farms Road and N. Scenic Drive, in a portion of Section 29, Township 12 South, Range 12 East (Joel Shapiro) 7. Ordinance No. 2003.21 A request to extend and increase the corporate limits of the Town of Marana by annexing that territory known as the Cochie Canyon Trail North (Dick Gear) 8. Ordinance No. 2003.22 A request to extend and increase the corporate limits of the Town of Marana by annexing that territory known as the Cochie Canyon Trail Northwest (Dick Gear) C. MAYOR AND COUNCIL'S REPORT D. MANAGERS' REPORT 3 r TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road September 16, 2003 - 7.00 p.m. X. UPCOMING EVENTS XI. FUTURE AGENDA ITEMS XII. ADJOURNMENT _ Bobby Sutton, Jr., Mayor • • 4 2003 -2004: Council and Staff Direction resulting from 2003 Council and Staff Retreat The Town of Marana Mayor, Council and Staff spent two and a half days working together and separately in mid - August at the 2003 Council and Staff Retreat. At this Retreat, the Department Heads developed expectations of the new Town Manager by Department Heads (attached) and Department Heads developed expectations of each other (attached). The Mayor, Council and Staff worked on new and existing Council -Staff relationships as well as began the Strategic Planning process including identifying the Town of Marana Core Purpose, Core Values, Vision Statement and organizational strengths, weaknesses, opportunities and threats. The Mayor and Council concluded the 2003 Retreat by discussing several issues important to the near future of Marana (up to five years) as well as long term issues. A staff committee is currently preparing final drafts of the Town of Marana Core Purpose, Core Values, and Vision Statement. These will be forwarded to Council for input, review and approval. The goal is to -adopt the Town of Marana Core Purpose, Core Values, and Vision Statement in October, 2003 and then to formalize the same throughout the entire organization soon thereafter. The same staff committee working on the Town of Marana Core Purpose, Core Values and Vision Statement is also consolidating the organizational strengths, weaknesses, opportunities and threats as identified by staff and council. This information will be utilized in the strategic planning process that departments will be going through with the overall goal of strengthening our organization in realizing the Vision and focusing on our core services. As Marana continues to experience real growth in the future, real growth being defined by actual population increases, staff will need this clear Vision and continued concentration on core services. The following represents a staff recommended work program resulting from the 2003 Retreat. This list is not all inclusive but none the less represents work and issues which deserve staff attention over the upcoming year and beyond. Your review of the same would be greatly appreciated with comments back to the Town Manager. 1. Staff and Organizational Development • Customer service: Develop a customer service training program for town staff to include customer service for internal and external audiences. • Mentoring: By department, develop a mentoring program to encourage and develop future leadership within the organization for transitions where possible. • Communication: Evaluate and develop staff training which results in an organizational structure and culture that encourages vertical and horizontal communication, cross pollination between departments, improves media relations, and assists staff in framing issues for proper context. • Strategic Planning: Finalize the Strategic Planning processes developed at the 2003 Retreat and initiate Strategic Planning at the Department level focusing on our adopted Town Core Purpose, Core Values, Vision and Core Services. • Organizational Structure: Evaluate organizational structure of Development Services as it relates to core services and service delivery to include contracting of services and stratification of customer service delivery. 2. Regional Planniniz Issues • Annexation policy: Review and revise the Town annexation Policy as it relates to public input and future zoning changes. • Sub - Regional Planning in North West Area Plan: Develop staff recommendations to identify and develop infrastructure requirements, costs, funding sources, and phasing for continued sustainable development in the Northwest Area Plan for infrastructure such as but not limited to drainage, transportation, parks and open space, water — potable and renewable, wastewater, and CMID water delivery. • CFD Financing: Staff will continue to evaluate and pursue CFD Financing focusing on General Obligation bonding for future infrastructure. e I • Regional State Route Plan: Support Regional efforts for an amended State Route Plan to include Tangerine Road and Camino de Manana. • Core Density in Northwest Area Plan: Develop staff recommendation which define NWAP character and density as it relates to residential housing in the town core. • Town -wide Public Facility Signage Philosophy: Work through the Building Committee to develop a Town -wide Public Facility Signage Philosophy for future town public facilities. • Significant Land Use Policy and Hard Zoning: Staff shall evaluate and make recommendations regarding the continued use of our Significant Land Use Policy and the institution of hard zoning throughout our community. 3. Specific Planning /Communi Issues • Bio -Solid Ordinance: The Town Manager will form a Managers Committee to make recommendations to Council on the 1987/8 ordinances. • Complaint Tracking System: Develop and implement a town wide complaint tracking system once the Town Wide Area Network is up and running. • Tangerine Landfill: Evaluate the Tangerine Landfill as it relates to future NW Development. • Sound Abatement Requirements for Development in the Airport Zone: Develop sound abatement policy for development around the Marana Northwest Area Airport. • Public Works Arts Ordinance: Update Public Works Arts Ordinance. • Heritage Park: Continue design and development of Heritage Park along Santa Cruz including state land acquisition. • Teen Council: Develop a teen council for town -wide input on issues significant to this age group. 4. Industrial and Commercial Development to Expand Economic and Job Base • Airport Development: Develop Strategic Plan with specific direction designed to expand industrial and commercial development around the Marana Northwest Regional Airport. • Rail Spurs: Evaluate and develop direction on rail opportunities along Interstate I -10. 5. Long Term Renewable Water Resources • Develop recommendation for acquiring long term renewable water resources to sustain long term growth. 6. Citizen Input on Service Delivery • Develop surveys and other means of citizen p y izen in ut to ascertain scertam citizen satisfaction with Town Marana service delivery beginning with Development Services and Parks and Recreation. rion. i PLACE AND DATE Marana Town Hall, September 2, 2003 I. CALL TO ORDER Mayor Sutton at 7:02 p.m. II. PLEDGE OF ALLEGIANCE Led by Mayor Sutton III. INVOCATION/MOMENT OF SILENCE A moment of silence was observed. IV. ROLL CALL COUNCIL Bobby Sutton, Jr. Mayor Present Herb Kai Vice Mayor Present Jim Blake Council Member Present Patti Comerford Council Member Present • Tim Escobedo Council Member Present Ed Honea Council Member Present Carol McGorray Council Member Present STAFF Michael Reuwsaat Town Manager Present Frank Cassidy Town Attorney Present Lynn Warde Documents Coordinator/ Clerk's Office Present Jim DeGrood Development Services Administrator Present Jaret Barr Assistant to the Town Manager Present Attached is a list of public attendees. V. APPROVAL OF AGENDA Upon motion by Council Member Escobedo, seconded by Council Member McGorray, the agenda was unanimously approved. 1 VI. ACCEPTANCE OF MINUTES Upon motion by Council Member Blake, seconded by Council Member Escobedo, the minutes of the August 19, 2003 regular Council meeting were approved 6/0 with one abstention. Mayor Sutton was not present at the August 19th meeting and abstained from this vote. VII. CALL TO THE PUBLIC ANNOUNCEMENTS Chief Richard Vidaurri, Lieutenant Joe Carrasco, and Detective Richard Palma spoke briefly before the Council regarding a new software application being installed at the Marana Police Department (MPD). The software program, COPLINK, will allow MPD to access other local, state, and national law enforcement agencies' computerized databases when searching for suspects or crime- related information. This new technology will save an enormous amount of investigative time. Dan Hochuli spoke before the Council and described a recent decision by a three judge panel of the 9th District Circuit Court regarding the Town of Tortolita's pleadings associated with incorporation papers and the Voting Rights Act. He explained that the panel ruled against the unincorporated town and he gave a short history of the case. Mr. Hochuli noted that it was unlikely that Tortolita would succeed in securing en banc review before the 9f Circuit Court or a reviewing before the U.S. Supreme Court. Mayor Sutton announced that Congressman Jim Kolbe would be holding a Town Hall meeting at the Marana Operations Center on Saturday, September 6, 2003. He said that the meeting would begin at 2:00 p.m. and for any Council members wishing to attend to coordinate with Mr. Reuwsaat. The Mayor continued by announcing that several Council members had recently received service awards from the Arizona League of Cities and Towns. Mayor Sutton received an award for eight years of distinguished service. Vice Mayor Kai also received an eight year award even though he has served in the League for 10 years. Council Member Honea received a State plaque commemorating his sixteen years of League dedication. VIII. STAFF REPORTS • There were no questions regarding the staff reports. 2 IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA 1. Resolution No. 2003 -98 Approving the Conservation Planning Phase 2a contract with CH2M Hill (Leslie Liberti) 2. Resolution No. 2003 -97 Authorizing the renaming of "Pastel Vista Place" within Canyon Pass II at Dove Mountain Subdivision to "Sonora Vista Canyon Place" (Farhad Moghimi) 3. Resolution No. 2003 -103 Appointments to the Town of Marana Business Advisory Committee (Roy Cuaron) 4. Resolution No. 2003 -100 Saguaro Ranch Final Plat: A request for approval of a final plat for the creation of a low - density residential subdivision on approximately 583 acres, consisting of four blocks and 44 lots generally located north of Moore Road and east of Thornydale Road in portions of Sections 17,20 and 29, Township 11 South, Range 13 East (Joel Shapiro) 5. Resolution No. 2003 -86 Authorizing an actuarial valuation on behalf of the Mayor and Council as the preliminary step for participation in the Elected Officials' Retirement Plan (Jane Howell) Upon motion by Council Member Escobedo, seconded by Council Member Blake, the consent agenda was unanimously approved. B. COUNCIL ACTION 1. PUBLIC HEARING on the Santa Cruz/Avra Valley Road Annexation - consideration of the Town of Marana's desire to annex approximately 105 acres in the vicinity of the Santa Cruz River and Avra Valley Road west of Interstate 10. This annexation encompasses portions of Sections 8 and 17 in Township 11 South, Range 11 East. All of the real property within this annexation is owned by the Town of Marana (Dick Gear) Mr. Reuwsaat presented this item before the Council. He gave a brief outline of the annexation request and pointed out that an error had been made in the legal description on the agenda and on the blue sheet material. He said that instead of being Township 11 South, Range 11 East, the correct legal description was Township 12 South, Range 12 East. 3 MEN Q 03 He noted that all legal notices distributed to the public had contained the correct legal description. Mayor Sutton opened and closed the public hearing. There were no speakers from the public. There were no questions from the Council. C. MAYOR AND COUNCIL'S REPORT Mayor Sutton reported that the Town had full attendance at the League of Arizona Cities and Towns' recent conference. He commented that he was very proud of the Council and that he appreciated each member's participation and dedication. D. MANAGERS' REPORT There were no reports. X. UPCOMING EVENTS • There were no upcoming events discussed. XI. FUTURE AGENDA ITEMS No future agenda items were suggested. XII. ADJOURNMENT Upon motion b Council Member Escobedo, seconded b Council Member P Y Y Blake, approval to adjourn was unanimous. The time was 7:16 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on September 2, 2003. I further certify that a quorum was present. Lynn Warde for Jocelyn Bronson, Town Clerk 4 MARANA TOWN COUNCIL MEETING • Public Attendees DATE: Name Address 1 oKvp,711 S70,3 3 u T l� E!5eo- J16;?- f AJ vm lyi /�2 �S t'�n v,� £ � ,� v r� N •4 erg • �pWN OF 1 7 9 RAIV�� 7 gRIZONP STAFF REPORTS TO COUNCIL � Building - v/ Parks & Rec Town Clerk - v/ Planning Court Police Finance PW /Engineering Human Resources V Water 1 • Planning Department August 2003 Monthly Staff Report Strategy � N Objective Po l��y Q oai • The following represents highlights of Planning Department Activity during August: New Projects: The following new projects have been submitted for review: Rancho Marana Specific Plan Amendment The WLB Group, Inc., on behalf of Vistoso Partners, LLC, Greg Wexler and the Town of Marana has submitted a request for the amendment of the Rancho Marana Specific Plan. The Specific Plan addresses land use and development standards for a master planned mixed —use community of residential, commercial, office, public and recreational uses on approximately 996 acres located generally in north central Marana, lying north of Moore Road and bordered by I -10, including the Marana municipal complex and its vicinity. The proposed amendment revises the Specific Plan for Rancho Marana West (that portion of the Specific Plan area lying west of I -10) only, to bring the plan into conformity with the Northwest Marana area plan and Town Center Design Guidelines in respect to circulation, open space, development standards, residential densities and Town Center planning concepts. Upon completion of the staff's review, this Specific Plan amendment will be considered by the Planning Commission and the Town Council, Vanderbilt Preliminary Block Plat, Blocks 1 thru 13 Vanderbilt Farms, LLC, represented by The WLB Group, Inc., has submitted the Preliminary Block Plat for Vanderbilt, Blocks 1 thru 13. The project is located within the Rancho Marana Specific Plan area in a portion of the South %2 of Sections 26 and 27, • Township 11 South, Range 11 East and lies generally south of Barnett Road, West of I -10, north of Moore Road and east of Sandario Road. The plat consists of 13 blocks for a mixed use master planned community on approximately 408.62 acres. Included within the proposed development are approximately 212 acres for Medium Density Residential, 46.5 acres for Medium High Density Residential, 11 acres for High Density Residential, 8.5 acres for Commercial and 94 acres for Employment Center. Upon completion of the staff's review, this Preliminary Block Plat will be considered by the Planning Commission and Town Council. Sombra De Tecolote Preliminary Plat Maxine Jacobs, represented by EEC, Inc, has submitted the Preliminary Plat for Sombra De Tecolote, Lots 1 through 8. The project is located at the Southeast corner of Camino De Oeste and Camino Del Norte in a portion of Section 7, Township 12 South, Range 13. The plat consists of 8 single family residential lots on 14.85 acres. The minimum lot size within this subdivision is 72,502 square feet. The project density is approximately .54 residences per acre. The maximum allowable site disturbance is approximately 19,000 square feet for each lot. Access to the subdivision will be provided by a single cul -de -sac off of Camino De Oeste. The project will include .16 miles of new public streets. Upon completion of the staff's review, this Preliminary Plat will be considered by the Planning Commission and Town Council. • • Old West Industrial Village Preliminary Plat John Gutierrez, represented by Jeffrey A. Stanley Engineering, has submitted the Preliminary Plat for Old West Industrial Village. The project is located on the east side of Camino Martin at the south end of the street, in a portion of Section 6, Township 13 South, Range 13 East. The plat, consisting of Lot 1 and Common Areas A and B on 3.7 acres is proposed for future industrial development. Site access is provided from the cul- de -sac of Camino Martin. Upon completion of the staff s review, this Preliminary Plat will be considered by the Planning Commission and Town Council. Landscape Plans The Planning Department has received the following Landscape Plan for administrative review: Farm Field Five ,1 • PUBLIC WORKS MARANA S'T'AFF REPORT September 2003 Capital Improvement Projects ( Staff Report for the month of August) The following are capital improvement projects in design. Ina Road Roadway Improvements Capital Improvement 1 -4 Silverbell Road Improvements Projects in Design Cortaro Road to Ina Road 1 -10 to Silverbell Road This project consists of reconstructing the This project consists of roadway improve - Capital improvement 5 roadway to four lanes with curb and gutter, ments and construction of two new . Projects In Construction multipurpose lanes and sidewalks, and bridges, including design and reconstruc- Recently Completed 6 providing for a continuous center turn lane, tion to widen to four lanes with multiuse projects sanitary sewer system construction and lanes, median island, curb, curb and Traffic Division Report intersection improvements at Ina/Silverbell, gutter and sidewalk installation, drainage which includes a new traffic signal system. improvements, landscaping, signal i public Works Arts g modifications, artwork and street lighting. I project Committee Estimated construction time: Summer 2004 Project is 1.1 miles in length. Status: Environmental, Biological, DCR, Estimated construction time: To be deter- Geotechnical Report, Pavement Design mined nea • Summary, and Archaeological reports are complete and have been accepted. The Status: 404 Permit application has been 404 Permit application has been submitted submitted. First year of Pygmy Owl Sur- PUBLIC WORKS to the Army Corps of Engineers (ACOE) vey has been completed. The DCR has MISSION AND VALUES and review is ongoing. Third year of Pygmy been reviewed and returned to the Owl Survey has been completed. ACOE is consultant with the final DCR exp in still in the process of reviewing the plan n as � "The Marana Public Works submitted r Old Pueblo. The Town in July 2003. The Traffic Impact Analysis, Department is committed to Phase I Environmental Site Assessment, providing quality service by receipt of the final sanitary sewer basin study and the study has been accepted by Archaeology, the amended Bridge Inspec- consistently delivering and both the Town and PCWWM. The Town is tion, Bridge Stability Analysis, Grade maintaining reliable, safe in receipt of the sanitary sewer plans and Control Stability Analysis, Bridge Selec- publicfacilities with a traffic signal plans and review is currently tion and Location Reports are completed productive, respectful and underway. The Town is waiting for corn- and have been accepted; NPPO Plan has ethical workforce. ments on the Sanitary ewer plans prior to been accepted and Draft Access Manage- ry p p ment Report is on hold at this point in Our operating values are: submitting the Town's comments to the time. Access Management acceptance • Satisfaction consultant. letters have been received by the consult- . Respectful ant from the abutting property owners. The Town is in receipt of the 75% • Communication improvement plan submittal and the • Reliable review is underway. The Town is waiting . productive to receive comments from ADOT before . Quality submitting comments back to the consult - ant. • Ethical • Consistency • Service • Safety • Integrity Silverbell Road — Cort to Ina . Commitment September 2003 apital Improvement Projects in Design (continued) Tangerine Road - Breakers to Thonnvdale Road, Twin Peaks Interchange Desion Concept Report This project consists of environmental clearances, DCR This project consists of drainage improvements and and 15% plans for the corridor alignment, Phase I; final repaving of portions of Tangerine Road. design for TI, grade separated railroad structure and Estimated construction time: Fall 2003 connection to the roadway system to the east, Phase II. Status: Environmental clearances and the various per- Estimated Construction Time: 2006 mitting requirements are being addressed through Status: The consultant, URS, is continuing to collect data Westland Resources. Second year of Pygmy Owl Survey for all aspects of the project. A special agency scoping has been completed and forwarded to EPA for consulta- meeting was held on August 25, 2003 at FHWA's division ton. A 404 permit application has been completed. The office The meeting included personnel from the Town, Town has decided to pursue a maintenance oriented FHWA, ADOT, ALOE and AG &F. The meeting dealt with program for the road and has requested Tetra Tech to environmental issues. Staff has had several meetings with generate construction plans by the end of June. Project the public relations consultant to discuss logistics of the advertisement is scheduled for September 2003. process. The third project team meeting was held on Mon- day, August 18, 2003 at the Marana Development Services Tangerine Roadrrhornvdale Road Intersection Center. Second year of Pygmy Owl Survey has been com- Improvements pleted. This project consists of design and construction for intersection improvements. District Park Bank Protection Estimated construction time: Winter 2003 This project consists of providing bank protection along the west bank of the Santa Cruz River from Ina Road to Status: Tetra Tech has completed and resubmitted the Cortaro Road. plans to incorporate the design changes for the signaliza- Status: Tetra Tech is the design engineer. 100% plans are tion. Second year of Pygmy Owl Survey has been com- expected back from the engineer by September 12, 2003. pleted and the 404 permit process were initiated in Sep- An individual 404 permit application has been submitted to tember 2001. The biological assessment for this project the Army Corps of Engineers and is anticipated by Spring has been combined with the report for the Breakers to 2004. This area has now been designated as critical habi- Thomydale Road segment, and as previously stated, has tat. Construction is anticipated to begin in July 2004. been submitted to EPA for consultation. The Town has determined that traffic signals are warranted for the inter- section; the design and drawings have been modified to Ina Road Bridge Improvements - Bridge over the Santa include signals. Coordination needs to continue with State, Cruz River County and private landowners to solidify acquisition of This project consists of constructing a new bridge over the additional right -of -way for the improvements. Santa Cruz River south of the existing bridge. Construction Twin Peaks and Scenic Drive Intersection Improve- will also include rehabilitating the existing Grade Control ments Structure, extending the soil cement bank protection on the This project consists I relocating the current Scenic Drive east and west side of the Santa Cruz River. The recon- intersection with Silverbell Road to the south to line up ede t r i of the bank protection will include provisions for a with Twin Peaks Road at Silverbell Road. This is a safety pedestrian path. improvement as well as providing a direct access to the Status: The bridge improvement plans, DCR, bridge selec- future Linda Vstafrwin Peaks traffic interchange at 1 -10 tion report, bridge stability analysis and the amended through Twin Peaks Road. The project will include install- bridge inspection report have been submitted to ADOT and ing culverts, paving, curb and gutter, and signing and Phoenix for their initial review and comments. striping improvements. This project also has a waterline lowering and landscaping improvements: Status: The project advertised July 29- August 1, 2003. The Notice of Award was issued to Young & Sons, Inc. A pre- construction meeting is scheduled for September 16, • 2003 with the Notice to Proceed to be issued at that time. Construction is anticipated to begin mid September 2003 and run through mid March 2004. Page 2 PUBLIC WORKS September 2003 Capital Improvement Projects in Design (continued) * Thomvdale Road /Orange Grove Road /Costco Drive Town of Marana Northwest Marana Town Center Intersection Improvements Design and Development This project consists of reconstructing the intersections of Three projects are ongoing to master plan and estab Thomydale /Orange Grove and Thomydale /Costco and the lish the layout, ambience and design standards of the segment of Thomydale Road connecting the two along with the Northwest Marana Town Center. reconstruction/widening of the remaining approaches; sidewalks, curb, curb and gutter, traffic signal modifications, drainage facilities, median islands, street lighting and art work. Northwest Marana Town Center, Master Plan Pro ect Estimated construction time To be determined This project will provide Master Plan Services for fur- Status: The 75% improvement plan submittal has been sub- ther planning and conceptualization to set design and miffed for review and the process is underway The phase 1 development standards to facilitate the urbanization. of the Northwest Marana Town Center. environmental site assessment and the cultural resources re- ports have been approved: The Town has environmental clear- ances. Status: The master planning and design develop- ment continues. The Town will have the Durrant Santa Cruz River Shared Use Path, Phase I and 11 Group and McGann and Associates continue with the Santa Cruz River Shared Use Path consists of a 14' wide master planning of the rest of Ora Mae Ham District paved asphalt path from Cortaro Road to Coachline Blvd. via Park and the areas south of the park and the Munici- the El Rio Park development. pal Complex, and work with the land owners and developers for further use of the Town Center Land. Phase I consists of a building a shared use path between Cor- taro Road and Twin Peaks Road in the over bank area of the Santa Cruz River. Phase 11 consists of a continuation of the Northwest Marana Town Center. North West Fire shared use path in Phase I from Twin Peaks to El Rio Park. Station #36 This project consists of a 14' wide paved asphalt path from Though this is not a Town of Marana Project, the Fire Cortaro Road to Coachline Road via the El Rio Park Develop- Station will be on of the first structures constructed ment. Each phase is partially funded under ADOT's Transpor- along the Marana Main Street corridor, and is there - tation Enhancement Program. Construction will need to be fore important to the overall design and planning of completed such that the ADOT funds are properly tracked; the Town Core. The project will consist of design and however, design can be completed as a single project. construction of a new North West Fire Station #36 to protect the growing Town Center and Northwest Ma- Status: An environmental determination (ED) submitted to rana area, The design is being performed by the A &E ADOT by Westland Resources is nearing final approval by Durrant and DL Withers is providing design phase ADOT's environmental section. In late April 2003, the Town construction management services under a CM @ selected Castro Engineering for the path design and Structural Risk process. Fire Station #36 will be located on the Grace for design of the pedestrian bridges. The 30% design new Marana Main Street between the Municipal Com- plans for the path were submitted in mid -July. Town staff and plex and Grier Road. The planning and design of this ADOT personnel have submitted comments to the design engi- project will follow the Northwest Marana and the Town neer on those plans. A public meeting with the Home Owners Center design guidelines as one of the first buildings Association is scheduled for September 9th. Construction is in the Town Center. anticipated to begin in the spring of 2004. Status: Northwest Fire has reviewed and approved Linda Vista Boulevard the site plan, floor plan, exterior design and budget. This project consists of chip sealing approximately 3/4 mile of Design development drawings have been reviewed roadway from Camino de Mariana east to approximately and construction documents are in process. Hartman Lane. Status: The construction contract has been awarded to Pima Paving. Tetra Tech will be providing construction administra- tion services. The Notice to Proceed was issued with a con- struction start date of September 8, 2003. The road will be closed during construction, so watch for public notices and •detour signs. Page 3 PUBLIC WORKS September 2003 Capital Improvements in Design (continued) fl own of Marana Municipal Complex (Marana Marana Town Center Roads Infrastructure and "MuniPlex "1 Northwest ara a Offsite Improvements This project consists of the design and construction of a This project will design and construct the offsite utilities, roads, new Town Government Complex to house the Town of landscape, and other infrastructure and establish the layout of Marana staff. This complex will be located on 20 acres the main Town Center corridors. Current design concept has west of the current Town Hall location. The design by a main approach street terminating in a T or three approach Durrant Group Architects will integrate the MuniPlex and round -a -bout in front of the new Municipal Complex. The surrounding facilities with the Ora Mae Ham Park which island in the middle of the round -a -bout will have a monumen- will eventually abut a linear greenbelt park that will run tal statement for the Town Center expressing the values of the form I -10 to the Santa Cruz River. This linear park will also Town. The current design and construction will encompass the serve as a relief conduit for excess water from the Torto- Civic Drive from Barnett Road to Lon Adams, and Marana lita Mountain run off. The construction of the main Main Street from the Civic Drive Roundabout to Grier Road, building(s) and facility core is to be done via a Construc- with future extension of Marana Main north of Grier Road to tion Manager at Risk process with the selected CM, D.L. connect to Sandario Road. The work will include utilities, Withers, being involved in the project during the pre- including a sanitary effluent collection system, sidewalks, construction design development stage for value engi- landscaping, streetlights, and streetscaping as well as the neenng, constructability reviews, technical reviews, cost roads. engineering and estimating, planning, scheduling, and serving as the Construction Manager and Prime Contrac- tor during construction. Status: The Town has awarded the construction of the Town roads and utilities, including , the sewer connections to D.L. Status: D.L. Withers has graded the site, including exca- Withers as part of the development of the Municipal Complex vating several large storm water retention ponds, exca- Offsites. D.L. Withers is currently mobilizing to procure sub- vated and placed engineered fill for the building pads, contractors to perform the sewer connections as part of the completed the sanitary sewer, storm drain system and first phase of work. Underground utilities on Civic Center, Ma- begun the potable water system. The first concrete was rana Main Street and Grier Road will begin after WLB, the de- JW laced in footings in building B, the courts and Justice signer, resubmits corrected construction documents and uilding and the first concrete in Building A, the Council agency permits are issued. a Chambers and the Administration Building is scheduled WLB will develop a Conceptual Plan to 30% for the exten for September. Layout for utilities under the slab on grade, sion of Marana Main Street north of Grier Road to an intersec- layout for area lighting, roads and parking lots has begun. tion with Sandario Road to cant' the Marana Main Street and A model of the project is located in the Town Hall office for the Town Center concept to Sandario Road. The street design, viewing. landscaping and hardscaping is developed as a boulevard D.L. Withers also began the process to procure the lined with trees, street lights and banners, and will carry the major building trades. Queries on the participation in the Town Center theme throughout the Northwest Urban Center, with a series of "gates" .announce to travelers and residents project should be directed to Marc Thompson or Scott that they are "in" Marana, to establish a sense of identity and 4553 -0191. 3 -0191. of D.L. Withers, at 602 -438 -9500 or fax 602- puce as well as provide areas for a small commercial, safe Project AE/CM/PM technical meetings are held every pedestrian and cycling. Tuesday at 8:30 am. Standard location is at the site office, but special meetings are held at the offices of the architect or the Town Development Services Center as required. Page 4 PUBLIC WORKS September2003 Capital Improvement Projects In Construction • The following are capital improvement projects in construction. Cortaro Road Realianment District Park Native Plant Salvage and This project consists of realigning and widening Cortaro ImprovementslMitiaation Road east of 1 -10 from the Frontage Road to Cerius This project consists of the removal, salvaging, and Stravenue. The existing road and railroad crossing will replanting of the vegetation in preparation of park be abandoned and a new railroad crossing will be improvements. installed. Status: Ongoing. Status: The contract was awarded to Dar -Hil Corpora- tion. Construction began January 6, 2003. Project is functionally complete, punch list and cleanup in Coachline Boulevard progress. This project consists of providing sidewalk additions along the east side of Coachline Boulevard from Twin Peaks to Drainage Way No. 2. Status: The contract has been awarded to Falcone Bros. 2003 Pavement Preservation & Associates. Construction is slated to begin mid July This project consists of annual pavement rehabilitation through the end of August 2003. The construction is sub - projects throughout the Town limits. This year we will stantially complete. The final walk through and any items be concentrating on the Continental Ranch area. that need to be fixed by the contractor will take place in the near future. Status: Construction started at the beginning of May and is anticipated to run through the end of July 2003. Construction is substantially complete. The contractor • needs to complete punch list items before the project is complete. El Rio Park The project consists of paved paths, landscaping, a shaded play and sitting area, and a half court basket- ball court. The park was originally designed by Novak Environmental and the Town completed the design with the incorporation of additional elements. Status: The construction contract was awarded to Young and Sons, the lowest bidder, and the pre- j construction meeting was held on Monday, July 28, 2003. Construction is due to begin in August 2003 with an estimated construction period of 90 days. • Page 5 PUBLIC WORKS September 2003 Recently Completed Projects X3%zwt.N' - . Al o .!%iti::XS°4::41fM'a,a.":y#+ , 5,... 1. 1.:. . nf42c3'-0t T'' vT.!. 6f. f. 9%" i- SSi: Ca aC15ry5i�. M. rd' fJ dw�' SA^' S2" M'". �. W+kTY.t.R'SY.'%Yxi83e.6.RFi!^h AiKa:: S: J& V: A? V? tii' 3A° �. �. Yb^ i% dN? A' 8% UX* 1SiX!"&B;GiR:4Y.C+9P.'.N?F4:,Yi1 Cortaro Road Improvements, Silverbell Road to 1.10: Completed February 2003. Wade Road: Completed February 2003. Continental Ranch Neighborhood Park: Completed February 2003 Coyote Trails Elementary School Park and Parking Lot Addition: Completed February 2003 Santa Cruz Corridor Trail: Completed April 2003 Costco Street Lighting: Completed May 2003 Sandra Road Bus Turnaround: Completed June 2003 Emigh Road Driveway at Marana High School: Completed June 2003 Co rt a r o Road Improvements Continental Ranch Neighborhood Park ' Al Page 6 PUBLIC WORKS September 2003 o Traffic Division Report o o p o • x..'_ . .. R.: R%t"i':.^?YWM.'a_= �3 :..:.if:+.u^ 'V. l.: ><4i.::::. ,. ..:. 4.,::,.... .3:'ai^.k T,314'uPfl9Y : .i3 °r:%fiids'%IS`�dr, 9..�. CND. .Iat...A °:E:"JM1?S.M._%Wd�:f,: wig "P�4'3�:._'b.C°..&a;',3Y4�f. i£t e.1Tf...i' Warning Beacons at the Avra Valley Road -- Sandario Report on Subdivision Street Width Standards Road Intersection A report is being prepared that will discuss the possible A traffic signal warrant study was conducted at the Avra use of various street width standards within the Town's Valley Road— Sandario Road intersection. The results of subdivisions. The report will describe the advantages and the study found that a traffic signal is not recommended at disadvantages of each width with regard to speeding con - the intersection at this time. However, in order to enhance ditions, on- street parking, and overall traffic safety. How to the safety at this location, flashing warning beacons will be mitigate the possible disadvantages of each street width installed on the Side Road warning signs currently posted will also be discussed. The report has been provided to on the Avra Valley Road approaches to the intersection. It the Town's Planning and Zoning Commission for further is expected that the warning beacons will help greatly to discussion some time in September. better alert motorists about the approaching intersection. The warning beacons should be installed within the next 60 days. Signing and Striping Plan for Tangerine Road The Traffic Division has completed a comprehensive re- Traffic Signal at the Tangerine Road Thornydale view of all the existing traffic control devices along the Road Intersection section of Tangerine Road between Breakers Road and Based on the results of a traffic signal warrant study Thornydale Road. Consequently,- a plan showing all of the performed at the Tangerine Road— Thornydale Road required revisions in signing and striping on this section intersection, it has been decided to pursue the incorpora- has been prepared so that the appropriate traffic control tion of signalization in the Tangerine Road/Thomydale devices can be installed as part of the Tangerine Road Road Intersection Improvement Project, scheduled to Improvement Project, which is scheduled to begin in the begin construction in summer /fall 2003. The Traffic Divi- Fall of 2003. sion has recently reviewed and commented on the 100% signal design plans. Kimley -Horn and Associates have prepared the signal phasing and timing plans. Along with the widening improvements planned at this location, the Traffic Signal at Silverbell Road -Wade Road Intersec- signalization should make this a much safer and efficient tion intersection. A traffic signal study conducted at the Silverbell Road - Wade Road intersection found that the installation of a traffic signal is warranted at that location. Public Notice for Compliance Studies at Railroad Crossings Statement of Qualifications has been advertised and we Compliance studies are currently being conducted at the are awaiting the responses. It is expected that the signal Union Pacific Railroad crossings on Ina Road and Cortaro will be designed during this fiscal year and will be -con- Farms Road. The purpose of these studies are to deter - structed next fiscal year. The signalization should make mine how many motorists are stopping their vehicles on or this a much safer intersection for motorists exiting Wade too close to the tracks and to quantify the extent of the Road, pedestrians crossing Silverbell Road as well as problem. "Before" studies will be conducted while elec- emergency vehicles entering the intersection from the tronic variable message boards are posted advising mo- Northwest Fire /Rescue District's station on Wade Road. torists not to stop on the tracks. "After" studies will be per - formed following the removal of the variable message boards to see whether the boards themselves served as deterrents. The long -term intent of these studies is to de- velop strategies by which to reduce the number of motor - ists stopping on the tracks. Speed Limit Map for Town Roadways The- Traffic Division has completed an inventory of all posted speed limits on the Town's arterial and collector roads. This inventory will be used to determine whether some of the speed limit zones need to be modified and to eventually develop a map showing all posted speed limits • on these roadways. This map will be made available for distribution and will be displayed on the Town's web site. Page 7 PUBLIC WORKS Soptember2003 Public Work Art Project Committee The Public Art Project Committee met on August 13, 2003. Several artists were asked to be present at the meet - ing and submit some of their past work. This was so that the committee could decide on someone to work on public art for the transportation enhancement pro- ject for the Silverbelt Roadway Improvements. Based r . on the information that was presented, the committee ., chose To -Ree -Nee Keiser as the artist to work on this project.ti Committee Members: • • -- Curt Ench, Chair Brian Jones, Vice Chair -- Sally Jackson Kathy Price Margaret Joplin • Nancy Lutz � M i11 - oa i 3 �i • Page 8 PUBLIC WORKS TOWN OF MARANA MUNICIPAL WATER SYSTEM DEPARTMENT REPORT For: August 2003 j WE CONSERVE WHAT WE LOVE Date: September 8, 2003 rr KIARANA /1� TOWN OF MARANA TEAM WORK — Is all staff working together in outstanding ways, with extraordinary cooperative effort to accomplish ordinary tasks TO: Mayor Bobby Sutton, Jr. Town Council Mike Reuwsaat, Town Manager FROM: Water Department Staff SUBJECT: August 2003 Department Report Update DATE: September 8, 2003 CUSTOMER INFORMATION 1910 Number of Customers Billed in August 55 Number of Disconnects in August 65 Number of New Connects in August 100 Number of New Services with Meter Installation 26,098,665 Total Gallons sold in August 33.59 Acre feet pumped (non -trust wells) Picture Rocks, Happy Acres, Palo Verde, Airport, Sky Diving Center, Continental Reserve and Hartman Vistas 50.05 Acre -feet wholesale water purchased (trust wells) Marana, La Puerta, Oshrin, Falstaff, Honea, and Cortaro Ranch (325,851 gallons = acre foot) DAILY OPERATIONS 1. Repaired service line on Price Ln. 2. Repaired mainline leak in Honea Heights 3. Airport Fire Suppression System is now oline and being operated by the Water Department. 4. Manual operation of the emergency generator and booster pump on Wade Rd. daily. 5. Doing weekly progress inspections for the W ade Rd. B ooster p lant. W e a re still lacking electric. 6. Video of Picture Rocks well revealed plugged perforations. The well is currently going through an emergency rehabilitation. We are doing weekly progress checks, and I have submitted a flushing permit application to ADEQ. 7. Turned in final paper work to Pima County DEQ for LaPuerta's new source approval. The Water Department is still waiting for more information from C MID regarding the status of this well. 8. The Water Department has designated one staff member to GPS until the all systems are done. 9. 328 Blue Stakes completed in August. WATER SERVICE AGREEMENTS BEING NEGOTIATED • 1. Hartman Vistas /Cortaro Ranch Interconnect are designed. Contract to be bid and awarded in October 2003. 2. 6 inch main loop Camino Verde and Tres Casas design completed; construction costs will be awarded as an addendum to Continental Reserve booster contract. . 3. A.F.C. — Eclterd's Drugstore southwest corner of Cortaro and Silverbell Rd. 4. San Lucas development water service agreement is in finalization stage. 5. Acacia Hills infrastructure, part of Hartman Vistas water service agreement infrastructure is being designed. 6. Purchase of Sunset Ranch Estates (S.R.E.) on Pima Farms Rd from Tucson Water. Proceeding contract is drafted_. Water service to Stardance and others will be served form the back of S.R.E. which is served by Continental Reserve. OTHER 1. Purchase of Type II Non- Irrigation Rights for parks and other needs. 2. Managed Recharge Intergovernmental agreement final draft is completed and is signed by everyone except Bureau of Reclamation and the Secretary of Interior. The Arizona Department of Water Resource has issued an appeal requested for permit issuance. After 60 days, including a hearing, it should be finalized and issued. 3. Pilot water treatment of Picture Rocks system is installed and operating. Will keep you informed as it progresses. 2 • 4. Non- potable system is in the design stages and is being discussed and presented to staff and developers. 5. LaPuerta well is in discussion with Cortaro - Marana Irrigation District. 6. Picture Rocks Well on Carefree and Silverbell is being reconditioned and upgraded. Continental Reserve system along with the Booster Plant is furnishing water for Picture Rocks and The Springs apartments. 7. Non - potable system and storage is in design stage. • 3 TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: September 16, 2003 AGENDA ITEM: IX. A. 1 TO: Mayor and Council FROM: Jaret Barr, Assistant to the Town Manager SUBJECT: Resolution No. 2003 -109 — Purchase Agreement for improvements of State Land between the Town of Marana and Dan and Patricia Post DISCUSSION: This item would authorize the Mayor to execute an agreement between the Town of Marana and Dan and Patricia Post fort he Town top urchase the improvements on Leased Arizona State Land as appraised by Walter D. Armer by an appraisal dated June 6, 2003. In anticipation of this purchase of improvements, the Town has acquired the assignment of Agriculture Lease Number 01- 106983 from state land, and will assume the lease on the land and its remittance. The Posts have a farming operation on approximately 75 acres of land located in the Town of Marana, Pima County, Arizona, and more particularly described as the east half of the northwest quarter of the southeast quarter, the northeast quarter of the southeast quarter, the north half of the northwest quarter of the southeast quarter of the southeast quarter, and the northeast quarter • of the southeast quarter of the southeast quarter of Section 33, Township 11 South, Range 11 East, Gila and Salt River Base and Meridian, Pima County, Arizona The Town plans to enhance the lands, including the general upkeep of the leased land and its contents, while maintaining non - farmed agriculture land until such time as the land is put up for sale by the Arizona Department of State Land, at which time the Town plans on purchasing, improving and developing the land as part of the Town's new Cultural and Heritage Park. By purchasing the improvements and controlling the lease, the Town can fully and seamlessly master plan the future Heritage Park's portion on this piece with full consent and understanding of the techniques and needs of the planning staff and consultants, while not improving the land until such time as the Town is in full ownership of the land. The p urchase p rice o f O ne- Hundred E ighty T housand D ollars ( $180,000.00) is b ased o n t he appraisal p erformed b y W alter D. A rmer and A ssociates t o e stimate the m arket v alue o f the subject improvements for possible purchase by the Town of Marana. RECOMMENDATION: Staff recommends the approval of Resolution No. 2003 -109, authorizing the execution of the Purchase Agreement between the Town of Marana and Dan and Patricia Post. SUGGESTED MOTION: I move to approve Resolution No. 2003 -109. • MARANA RESOLUTION NO. 2003-109 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AUTHORIZING THE EXECUTION OF A REAL ESTATE IMPROVEMENTS PURCHASE AGREEMENT WITH DAN AND PATRICIA POST. WHEREAS, the Town of Marana has received the assignment of Arizona State Land Department Agriculture Lease Number 01- 106983 from Dan and Patricia Post; and WHEREAS, the Posts own various improvements located on the State Land, including a 2,037 square foot residential dwelling, a horse barn, horse corrals, a hay barn, perimeter fencing, an irrigation well, storage tank, concrete ditches and laser leveled hay fields (the "Subject Improvements ") WHEREAS, the Town has commissioned an appraisal to determine the value of the Subject Improvements, based on their estimated depreciated replacement cost; and . WHEREAS, the Town desires to purchase the Subject Improvements in order to consolidate the Town's holdings for possible future acquisition of the State Land for the Town's new Cultural and Heritage Park. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, authorizing the Town of Marana to enter into and the Mayor to execute the "Real Estate Improvements Purchase Agreement" with Dan and Patricia Post in the form presented to the Mayor and Council concurrently with this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of September, 2003. Mayor BOBBY SUTTON, JR. ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney • Marana Resolution No. 2003 -109 09/09/2003 4:52 PM r TOWN COUNCIL TOWN MEETING OF INFORMATION MAR.ANA DATE: September 16, 2003 AGENDA ITEM: IX. A. 2 TO: Mayor and Council FROM: Dick Gear, Community and Economic Development Director SUBJECT: Resolution No. 2003 -107: Intergovernmental Agreement with Pima County to extend the Marana Construction Works! Affordable Housing Program. DISCUSSION: The Town of Marana is entering into an intergovernmental agreement (IGA) with Pima County for the purpose of continued funding for the Marana Construction Works! Program. Specifically, t his I GA r elates t o funding a b udget o f $104,400 t o c over p rogram costs through June 30, 2004. Forty thousand dollars of this amount are from HOME funds for construction activities, and the remainder ($64,400) are Pima County General Fund monies to cover the various costs for the students, training staff, and Pima County administration. RECOMMENDATION: Staff recommends Council approval of the Intergovernmental Agreement with Pima County to extend the Marana Construction Works! Affordable Housing Program. SUGGESTED MOTION: I move to adopt Resolution No. 2002 -107. • ADMIN/SRG/09/09/2003 MARANA RESOLUTION NO. 2003-107 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, RECOMMENDING THE APPROVAL OF AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR THE PURPOSE OF CONTINUING THE MARANA CONSTRUCTION WORKS! PROGRAM. WHEREAS, pursuant to A.R.S. § 9 -471, the Town Council of the Town of Marana is empowered to enter into an IGA with Pima County in support of the affordable housing program referred to as Marana Construction Works!; and WHEREAS, this IGA will be in effect until it terminates on the thirtieth day of June, 2004; and WHEREAS, this IGA is a cost reimbursement agreement, whereby Marana shall be paid for services requested by Pima County in accordance with a schedule attached to the accompanying agreement; and WHEREAS, this IGA specifies that all of the student training expenditures associated with the Marana Construction Works! Program during the period this IGA is in effect will be borne by Pima County. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town gives its approval of this intergovernmental agreement between the Town and Pima County. BE IT FURTHER RESOLVED that Town staff is hereby directed to take all steps necessary and proper to give effect to this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of September, 2003. Bobby Sutton, Jr., Mayor ATTEST: Jocelyn C. Bronson Town Clerk • APPROVED AS TO FORM Frank Cassidy Town Attorney INTERGOVERNMENTAL AGREEMENT BETWEEN TOWN OF MARANA AND PIMA COUNTY Project Name: Construction Works! Contact: Town of Marana Lynn Ward 13251 N. Lon Adams Marana, AZ 85653 (520) 682 -3401 Purpose: Provide Work Skills for Youth Funding: Pima County General Funds, HOME and Workforce Investment Act Funds Agreement Term: 8/01/03 to 6/30/04 Agreement Amount: $104,400.00 INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT ( "Agreement ") by and between the Town of Marana, a municipal corporation, ( "Marana "), and Pima County, a political subdivision of the State of Arizona, ( "County "), for the purpose of entering into a cooperative effort for the provision of work skills for youth funded through Pima County General Funds, HOME and Workforce Investment Act Funds; WHEREAS, in accordance with A.R.S. Sec. 11 -951 et seq., A.R.S. Sec. 11- 254.04, and the Workforce Investment Act of 1998, P.L. 105 -220, 29 U.S.C. 2841 et seq., the County is authorized to enter into intergovernmental agreements for the provision of work skills programs for youth; WHEREAS County and Marana desire to provide construction work projects for youth in Pima County; NOW, THEREFORE IT IS AGREED AS FOLLOWS: ARTICLE I -PURPOSE The purpose of this Agreement is to set forth the responsibilities of the parties for the Construction Works! Project that provides construction work activities for youth in Marana that are funded through Pima County General Funds, HOME and Workforce Investment Act Funds. • ARTICLE II -TERM /EXTENSION Pima County Page 1 of 7 marana constructionwks.doc Community Services Term of Agreement shall commence August 1, 2003 and terminate on June 30, 2004, but shall not be effective until recorded with Arizona Secretary of State or Pima County Recorder whichever is appropriate. This Agreement, upon mutual consent of the parties, may be extended for a period of time not to exceed 12 months. Any modification or time extension of this Agreement shall be by formal written amendment and executed by the parties. ARTICLE III - FINANCING. A This is a cost reimbursement Agreement. Marana shall be paid for services requested by the County in accordance to the schedule in Attachment A. B Requests for payment for services under this Agreement shall be submitted to County by Marana on certified invoices signed by an authorized representative of Marana. C Payment from County to Marana for the term of this Agreement shall not exceed $104,400.00 ARTICLE IV — SCOPE OF WORK /SERVICES A. Purpose The purpose of this Agreement is to outline the responsibilities for each party for the implementation of construction work activities for youth for new construction and /or rehabilitation of homes in Marana. • B. Scope 1. Marana shall i. Purchase and prepare building sites for construction of two, single - family homes for low- income homebuyers with funds from Marana. ii. Contract for and /or coordinate construction of these two homes. iii. Use proceeds from the sale of HOME Program- funded projects to purchase materials and pay for project coordination. iv. Provide access to the construction site for youth trainees enrolled in a construction training program. The youth will participate in construction activities such as framing, finish work, and cabinet installation for the new homes. v. Contract with a qualified training agency to provide an on -site construction skills training program for up to 20 participants that: a. Offers hands -on experience in construction activities such as framing, finish work, and cabinet installation for each team of seven participants on alternating weeks b. Emphasizes, wherever possible, applications of academic principles in the construction trades c. Provides qualified on -site supervision, training supplies, and other costs for the construction - skills training component Pima County Page 2 of 7 marana constructionwks Community Services vi. Monitor worksites to ensure compliance with all applicable State, Federal, OSHA and child labor laws. vii. Coordinate with County's Community Services staff and training agency to synchronize activities. viii. Ensure that homes constructed through this project meet all applicable local building codes and requirements. ix. Market and arrange for the sale of completed homes to eligible and qualified homebuyers who meet the requirements of the federal HOME program. x. Provide homebuyer training and pre - purchase housing counseling program for buyers. A. Provide construction budget to County prior to initiation of construction activities. xii. Maintain accurate records on expenditures and sale of the homes and provide timely reports to County on expenditures and sale. xiii. Comply with the HOME program provisions found at 24 CFR Part 92 including: 92.250 — Maximum per -unit subsidy amount and subsidy layering 92.251 — Property Standards 92.254 — Qualification as affordable housing: homeownership 92.257 — Religious Organizations xiv. Ensure that each household assisted through this program executes a promissory note and deed of trust that is consistent with County and HUD guidelines. 2. County shall: i. Reimburse Marana for training expenditures in accordance with the program budget in Attachment A of this Agreement for a construction training project for youth recommended for selection by Marana. ii. Assign case management staff to coordinate with Marana staff, subcontractor, and Marana Unified School District staff to synchronize activities, align participant tracking, ensure that participants receive school credit for their work time on the construction site, and evaluate and report overall project outcomes. iii. Pay stipends and /or incentive payments to youth trainees based upon training and education hours completed. iv. Provide job- skills assessments, case management services, employability - skills training, job placement assistance, and follow -up training opportunities for all enrollees. v. Perform state - required background and fingerprint checks on all County staff who work with youth. vi. Track and share information with Marana Unified School District on enrollees' a. Attendance in the training component b. Performance in the training component c. Behavioral and other issues which might be relevant to their performance in the training component ARTICLE V - Termination A. Termination for Convenience: County reserves the right to terminate this . Contract at any time and without cause by serving upon Marana 30 days Pima County Page 3 of 7 marana constructionwks.doc Community Services advance written notice of such intent to terminate, except that if the grant funding under which this Contract is made, is terminated or the amount of the grant reduced, the County shall thereupon have the right to terminate or reduce the Contract dollar amount of this Contract by giving Marana written notice of such termination and specifying the date thereof at least fifteen days (15) days before the effective date of such termination. In the event of such termination, the County's only obligation to Marana shall be payment for services rendered prior to the date of termination. B. Insufficient Funds: Notwithstanding any other provision in this Contract, this Contract may be terminated if for any reason there is not sufficient appropriated and available monies for the purpose of maintaining County or other public entity obligations under this Contract. In the event of such termination, County shall have no further obligation to Marana, other than for services rendered prior to termination. C. Suspension For Cause: County may suspend operations and payments under this Contract immediately for violation of contractual requirements, unsafe working conditions, violation of Federal or State law, or lack of reasonable progress in accomplishing objectives and schedules contained in this Contract. D. Administrative Suspension: County may temporarily suspend operations and payments under this Contract immediately at any time if the Board of Supervisors or Administration determines that it is in the county's best interest to suspend this Contract. In the event of such suspension, Marana shall assist County by providing information and documents to evaluate the status of the Contract and whether it should be continued. E. Grant - Funded Contract: This is a grant- funded project, payments obligations of County shall not exceed the amount of funds allocated to and made available to County for this project. The maximum funding under this Contract is subject to availability and continuation of grant funding. This amount may be increased or decreased at any time due to reduction, termination, or any other change in funding. County also reserved the right to terminate or suspend the Contract in whole or in part, with out prior notice if any third party providing funds which the County uses to pay obligations pursuant to this Agreement suspends, cancels or terminates its Contract with County or gives notice to County of intent to suspend or terminate its Contract with County. ARTICLE VI - Disposal of Property Upon the termination of this Contract, all property involved shall revert back to the owner. Termination shall not relieve any party from liabilities or costs already incurred under this Contract, nor affect any ownership of property pursuant to this Agreement. Pima County Page 4 of 7 marana constructionwks.doc Community Services ARTICLE VII - Indemnification To the fullest extent permitted by law, each party agrees to defend, indemnify, and hold harmless the other party and the other party's officers, agents, and employees from all claims, losses, and causes of actions arising out of, resulting from, or in any manner connected with this Agreement, but only to the extent such claim, loss, cause of action, damage or injury is caused or contributed to by the negligent acts or omissions of the indemnifying party. ARTICLE VIII - Compliance with Laws Both parties shall comply with all federal, state and local 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 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 in Pima County. Any changes in the governing laws, rules and regulations during the terms of this Agreement shall apply but do not require an amendment. ARTICLE IX - Non - Discrimination Both parties shall not discriminate against any Marana or Pima employee, client or any other individual in any way because of that person's age, race, creed, color, religion, sex, disability or national origin in the course of carrying out duties pursuant to this Agreement. Both Parties shall comply with the provisions of Executive Order 75 -5, as amended by Executive Order 99 -4, which is incorporated into this Agreement by reference, as if set forth in full herein. ARTICLE X - ADA Both parties shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101 -336, 42 U.S.C. 12101 - 12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. ARTICLE XI - Severability If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the full extent permitted by law. ARTICLE XII - Conflict of Interest This Agreement is subject to cancellation for conflict of interest pursuant to A.R.S. § 38 -511, the pertinent provisions of which are incorporated herein by reference. ARTICLE XIII - Non - Appropriation Notwithstanding any other provision in this Agreement, this Agreement may be terminated if for any reason County does not appropriate sufficient monies for the purpose of maintaining this Agreement. In the event of such cancellation, both parties shall have no further obligation other than for payment for services rendered prior to cancellation. Pima County Page 5 of 7 marana constructionwks Community Services ARTILCE XIV - Legal Authority Neither party warrants to the other its legal authority to enter into this Agreement. If a court, 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. ARTICLE XV - Worker's Compensation Each party shall comply with the notice of A.R.S. § 23- 1022(E). For purposes of A.R.S. § 23 -1022, each party shall be considered the primary employer of all personnel currently or hereafter employed by that party, irrespective of the operations of protocol in place, and said party shall have the sole responsibility for the payment of Worker's Compensation benefits or other fringe benefits of said employees. ARTICLE XVI - No Joint Venture It is not intended by this Agreement to, and nothing contained in this Agreement shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer - employee relationship between Pima and any Marana employees, or between Marana and any Pima employees. Neither party shall be liable for any debts, accounts, obligations nor other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Security and income taxes for itself or any of its employees. ARTICLE XVII - Insurance Both parties are self insured and all minimum levels of insurance are met. ARTICLE XVIII - 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 liability of either party to the Agreement by imposing any standard of care different from the standard of care imposed by law. ARTICLE XIX - Fingerprinting Both parties shall comply with applicable provisions of A.R.S. § 46 -141, which are hereby incorporated as provisions of this Agreement to the extent such provisions are applicable due to statute, case law, County contract or other legal authority. THIS SPACE INTENTIONALLY LEFT BLANK • Pima County Page 6 of 7 marana constructionwks.doc Community Services ARTICLE XIX - Entire Agreement This document constitutes the entire Agreement between the parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. This IGA shall not be modified, amended, altered or extended except through a written amendment signed by the parties and recorded with the Pima County Recorder or Arizona Secretary of State as appropriate. PIMA COUNTY: TOWN OF MARANA: Chair, Board of Supervisors Mayor ATTEST: ATTEST COUNTERSIGNED: . Clerk of the Board Marana Town Clerk APPROVED AS TO CONTENT: Pir;rg'CdKnty Community Town of Marana Services Department Pursuant to A.R.S. Sec. 11 -952D, the attorneys for the parties have determined that the foregoing Agreement is in proper form and is within the powers and authority granted under the laws of this State to the parties. Deputy County Attorney T n of n Attorn Date Date 3 Pima County Page 7 of 7 marana constructionwks.doc Community Services 0 ZZ9 3'03 a Attachment A Budget: Construction Works! Town Of Marana August 1, 2003 to June 30, 2004 HOME General Fund Construction Cost 40,000 0 Salaries 30,000 Fringe 8,400 Insurance 6,600 Supplies and Equipment 7,400 Staff Travel 1,000 Administration 11,000 Total 40,000 64,400 Budget total 1040400 TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA ATE: September 16, 2003 AGENDA ITEM: IX. A. 3 TO: Mayor and Council FROM: Jane Howell, Human Resources Director SUBJECT: Discussion and Direction Request for a parks superintendent, one additional laborer to act as a trades helper for facilities maintenance DISCUSSION: The following positions were not included in the recently approved budget but are requested as an out -of -cycle allocation. Parks within the Town are a priority reflected in various commitments to CIP and park improvement projects. These commitments require overview of development and construction of the projects, including inspection and budget oversight. Staff expects to recruit a candidate with a Bachelor's Degree in Landscape Architecture, Urban Planning or a related field who has considerable knowledge of principles and practices of municipal park issues and progressively responsible experience in supervising and directing parks improvement projects. The parks superintendent would perform these duties under the direction of Ron Smith, Parks and Recreation Director and also be responsible for developing operational policies and procedures, including on -going preventive maintenance for park facilities, athletic fields and trails. The current facilities maintenance technician, George Pesina, Sr., does internal trades- related repairs and maintenance as well as remodeling and construction for all Town facilities. Currently, George receives operational support in the form of inmates who are assigned to him but the Town continues to increase its needs f or r emodeling, p ainting, a tc. A in aintenance w orker d edicated t o f acilities maintenance will expand the ability of George to respond to facilities maintenance work orders. Estimated fiscal impact of the two requests would be as follows: Parks Superintendent: $52,570 minimum + $15,771 benefits + $3,000 work station = $71,341 Facilities Maintenance Worker: $22,509 min + $6,753 benefits + $500 uniforms, etc = $29,762 Total estimated fiscal impact for the two requests: $101,103 RECOMMENDATION Staff recommends authorization to hire a parks superintendent and facilities maintenance worker, with an estimated fiscal impact of $101,103. SUGGESTED MOTION: I move to approve the hiring of a parks superintendent and a facilities maintenance worker. • HR/JH/CouncilBluesheet/Add- Reclassify 09/09/03 TOWN COL NCEL TOWN MEETING OF INFORMATION MARANA DATE: September 16, 2003 AGENDA ITEM: IX. B. 1 TO: Mayor and Council FROM: James R. DeGrood, P.E., Development Services Administrator SUBJECT: Resolution No. 2003 -108 Approval of Construction Manager at Risk Contract for construction of the Marana Municipal Complex DISCUSSION: D.L. Withers Construction, Inc. was engaged by the town to perform professional construction management services on the Marana Municipal Complex in late 2002, after a qualifications based selection process was performed pursuant to statute. The construction manager has been working in conjunction with the Architect and Town to deliver a project that offered the best value at the best price. D.L. Withers Construction, Inc. has offered a Guaranteed Maximum Price for the project of $18,247,674.00 for the construction of the new municipal complex. This amount is consistent with the amount budgeted for the complex. Staff has worked extensively with the contractor on the development of this contract extension for the completion of the municipal complex RECOMMENDATION: Staff recommends approval of the Construction Manager at Risk Construction Contract. SUGGESTED MOTION: I move to approve Resolution No. 2003 -108. • PW /JRD/DM1V12 /14/99 c • MARANA RESOLUTION NO. 2003-108 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AUTHORIZING THE EXECUTION OF A GUARANTEED MAXIMUM PRICE CONTRACT FOR THE CONSTRUCTION OF THE MARANA MUNICIPAL COMPLEX WHEREAS, the Town of Marana has initiated the design of a new Municipal Complex to accommodate the governmental functions of the Town of Marana at a central, single facility; and WHEREAS, The Town has performed a Qualifications Based Selection process for a Construction Manager in accordance with the state statutes relating to the procurement of constructions services through the Construction Manager at Risk method of contracting; and WHEREAS, D.L. Withers Construction, Inc. was selected to perform Construction Management services for the Municipal Complex; and WHEREAS, The Town and D.L. Withers Construction, Inc. have negotiated a • Guaranteed Maximum Price contract in the amount of $18,242,674.00 for the construction of the new Municipal Complex, exclusive of furniture, fixtures and equipment and offsite infrastructure. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1: The Mayor is authorized to execute a Construction Manager At Risk contract with D.L.Withers, Inc. for a guaranteed maximum construction price of $18,242,674.00 for the construction of the Marana Municipal Complex. Section 2: The Town Manager is authorized to do whatever is necessary or beneficial to carry out the terms of the contract and the project. Section 3: Ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this Resolution is hereby repealed, effective as of the effective date of this Resolution. Section 4: If any section, subsection, sentence, clause, phrase or portion of this Resolution 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 hereof. Marana Resolution No. 2003 -108 Page 1 of 2 • PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of September, 2003. ATTEST: Mayor BOBBY SUTTON JR. Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy Town Attorney • Marana Resolution No. 2003 -108 Page 2 of 2 • po w N o� 9 MARANA17 q Rlzos TOWN OF MARANA, ARIZONA DEVELOPMENT SERVICES DEPARTMENT OF PUBLIC WORKS DESIGN CONSTRUCTION CIP DIVISION CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL COMPLEX PROJECT NO. 99 -095 A CONSTRUCTION SERVICES PHASE MAYOR BOBBY SUTTON VICE MAYOR HERB KAI TOWN COUNCIL COUNCIL MEMBER JIM BLAKE COUNCIL MEMBER ED HONEA COUNCIL MEMBER TIM ESCOBEDO COUNCIL MEMBER CAROL MCGORRAY COUNCIL MEMBER PATTI COMERFORD TOWN MANAGER MICHAEL REUWSAAT DEVELOPMENT SERVICES JAMES DEGROOD, P.E. ADMINISTRATOR DIRECTOR OF PUBLIC WORKS FARHAD MOGHIMI, P.E. /TOWN ENGINEER CONSTRUCTION MANAGER AT RISK FOR TOWN of MARANA MUNICIPAL COMPLEX PROJECT" PLO. 99 -095 A C ONSTRUCTION SERVICES PHASE T ABLE OF • PAGE RECITALS \ 3 ARTICLE 1 - DEFINITIONS 3 ARTICLE 2 — CM @RISK'S, SERVICES AND RESPONSIBILITIES 7 ARTICLE "3 - TOWN'S SERVICES AND RESPONSIBILITIES 17 ARTICLE 4 - CONTRACT TIME 19 ARTICLE 5 - CONTRACT PRICE 23 ARTICLE 6 - CHANGES TO THE CONTRACT PRICE AND TIME 24 ARTICLE 7 - PROCEDURE FOR PAYMENT 29 ARTICLE 8 — CLAIMS AND DISPUTES 33 ARTICLE 9 — SUSPENSION AND TERMINATION 38 ARTICLE 10 - INSURANCE AND BONDS 39 ARTICLE 11 - INDEMNIFICATION 44 ARTICLE 12 - GENERAL PROVISIONS 44 EXHIBIT A — PROJECT DESCRIPTION 51 EXHIBIT B —GMP PROPOSAL AND ASSUMPTIONS (INSERT) 52 EXHIBIT C —KNOWN ALLOWANCE PROPOSALS 53 SIGNATURE(s) of EXECUTION 54 EXHIBIT D — BOND FORMS AND INSTRUCTIONS 56 EXHIBIT E — GMP PLAN SET X -PAGES ATTACHED EXHIBIT F — TECHNICAL SPECIFICATIONS X -PAGES ATTACHED Page 2 of 58 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL COMPLEX PROJECT NO. 9 -095 A CONSTRUCTION SERVICES PHASE TOWN OF MARANA, ARIZONA PUBLIC WORKS DEPARTMENT CAPITAL IMPROVEMENT PROJECTS DESIGN AND CONSTRUCTION DIVISION TOWN OF MARANA MUNICIPAL COMPLEX CONSTRUCTION MANAGER AT RISK CONSTRUCTION PHASE SERVICES PROJECT NO. 99-095 A CONSTRUCTION SERVICES PHASE This AGREEMENT, made and entered by and between TOWN OF MARANA, an Arizona municipal corporation, hereinafter designated the "TOWN" and D. L. WITHERS L.C. an Arizona corporation, hereinafter designated the "CONSTRUCTION MANAGER AT RISK" or "CM @RISK." RECITALS A. The Town Manager of the Town of Marana, Arizona, is authorized and empowered by provisions of the Town Charter to execute contracts for construction services. B. The TOWN intends to construct the TOWN OF MARANA MUNICIPAL COMPLEX as more fully described in Exhibit A attached. C. To undertake the construction administration of said PROJECT the TOWN has entered into a CONTRACT with Durrant Group Architects hereinafter referred to as the "DESIGN PROFESSIONAL." E. The CM @RISK has represented to the TOWN the ability to provide construction management services and to construct the PROJECT and based on this representation the TOWN engages D. L. Withers L.C. to provide these services and construct the PROJECT. F. The CM @RISK's Design Phase Contract for Project 99 -095 A has been executed previously between TOWN and CM @RISK to perform Design Phase services. Those services may continue during the duration of this CONTRACT. NOW THEREFORE, for and in consideration of the mutual covenants and considerations hereinafter contained, it is agreed by and between the TOWN and the CM @RISK as follows: ARTICLE 1 - DEFINITIONS "AGREEMENT ( "CONTRACT ") means this written document signed by the TOWN and CM @RISK covering the construction phase of the PROJECT, and including other documents itemized and referenced in or attached hereto and by reference made part of this CONTRACT. "ALLOWANCE" means a fund that is established for a specific purpose associated with the PROJECT but is outside of the elements for which the CM @Risk has proposed a Guaranteed . Maximum Price (GMP) that is accepted by the TOWN. The required cost amount of any allowance will be estimated by the CM @RISK and the Design Professional, and reviewed and Page 3 of 58 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL COMPLEX PROJECT NO, 9 -095 A CONSTRUCTION SERVICES PHASE approved by the Town. The allowance will be maintained as a Not To Exceed Cost amount by the CM @RISK. Use and management of an Allowance is described in Sections 5.3 and 6.8. "Change Directive" means a written order prepared and signed by TOWN, directing a change in i the WORK prior to the execution of the AGREEMENT on an adjustment in the CONTRACT PRICE and /or the CONTRACT TIME. "CHANGE ORDER ( "AMENDMENT ") means a written instrument issued after execution of the Agreement signed by TOWN and CM @RISK, stating their agreement upon all of the following: the addition, deletion or revision in the Scope of WORK; the amount of the adjustment to the CONTRACT PRICE; and the extent of the adjustment to the CONTRACT TIME or other modifications to CONTRACT terms. "Construction Documents" means the Plans, Specifications any and all Drawings prepared by the Design Professional after correcting for permit review requirements and issued for construction. "CM(a)-RISK" or "CM(c or "Construction Manger at Risk" or "CONTRACTOR" means the firm selected by the TOWN to provide construction services as detailed hereinafter below in this AGREEMENT. "CM(a)-RISK Payment Request" means the TOWN form (format) used by the CM @RISK to request progress payments for work in accordance with Article 7. "CM(c_RISK's Representative" means the person designated thereby in Subdivision 8.4.2.2. "CMP- RISK's Senior Representative" means the person designated in Subdivision 8.4.2.1. "CONTRACT DOCUMENTS" means the following items and documents in descending order of precedence executed by the TOWN and the CM @RISK: (i) all written modifications, amendments and Change Orders; (ii) this AGREEMENT, including all exhibits and attachments; (iii) written Supplementary Conditions; (iv) Construction Documents; (v) GMP Plans and Specifications; (vi) Design Phase CONTRACT if executed. "CONTRACT PRICE" means the amount or amounts as set forth in Article 5. "Construction Fee" means the CM @RISK's administrative costs, home office overhead, and profit, whether at the CM @RISK's principal or branch offices. This includes the administrative costs and home office costs and any limitations or exclusions that may be included in the General Conditions for the construction phase. CM(c�RISK'S CONTINGENCY" means a fund designated and intended to cover the cost of procurement or subcontracts of an element of the Work or line item that exceeds the GMP estimated cost to procure that element or line item element. The CM's Contingency is to cover any increase in the cost of an element of the Work due to development of the Drawings and other Contract Documents on which the GMP was based. The amount of the CM's contingency will be negotiated as a separate line item. Use and management of the CM @RISK's contingency is described in Section 6.8. "CONTRACT TIME" means the number of calendar days as set forth in Article 4 in which the CM @RISK's agrees to present the Work to the TOWN as substantially complete. • Page 4 of 58 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL COMPLEX PROJECT NO, 99 -095 A CONSTRUCTION SERVICES PHASE "Cost of the WORK" means the direct costs necessarily incurred by the CM @RISK in the proper performance of the WORK. The Cost of the WORK shall include direct labor costs, subcontract costs, costs of materials and equipment incorporated in the completed construction, costs of other materials and equipment, temporary facilities, building permit fees, materials testing, and related items. The Cost of the WORK shall not include the CM @RISK construction fee, general conditions fee, taxes, bonds, or insurance costs. "Day(s)" mean calendar days unless otherwise specifically noted in the CONTRACT DOCUMENTS. "DESIGN PHASE CONTRACT" means the AGREEMENT between the TOWN and CM @RISK for the Services provided by the CM @RISK during the design phase which may include the following: design recommendations, project scheduling, constructability reviews, alternate systems evaluation, cost estimate, GMP preparation, and Subcontractor bid phase services. "DESIGN PROFESSIONAL" means a qualified, licensed design professional who furnishes design and /or construction administration services required under the CONTRACT DOCUMENTS. "Differing Site Conditions" means concealed or latent physical conditions or subsurface conditions at the Site that, (i) materially differ from the conditions indicated in the CONTRACT DOCUMENTS or (ii) are of an unusual nature, differing materially from the conditions ordinarily encountered and generally recognized as inherent in the WORK. "FINAL ACCEPTANCE" means the completion of the WORK as prescribed in Section 4.3. "GENERAL CONDITIONS COSTS" includes, but is not limited to the following types of costs for the CM @RISK during the construction phase: payroll costs for PROJECT manager or construction manager but not both for work conducted at the site, payroll costs for the superintendent and full -time general foremen, payroll costs for management personnel resident and working on the site, workers not included as direct labor costs engaged in support (e.g. loading /unloading, clean -up, etc.), administrative office personnel, costs of offices and temporary facilities including office materials, office supplies, office equipment, minor expenses, utilities, fuel, sanitary facilities and telephone services at the site, costs of liability insurance premiums not included in labor burdens for direct labor costs, costs of bond premiums, costs of consultants not in the direct employ of the CM @RISK or Subcontractors, fees for permits and licenses. Certain limitations and exclusions are described in the General Conditions for the construction phase. "GUARANTEED MAXIMUM PRICE" or "GMP" means the sum of the maximum cost of the WORK; the CM @RISK's construction fee; general conditions fee; sales tax, bonds, insurances costs, and CM @RISK's contingency "GMP Plan Set and Specifications" means the three sets of plans and specifications provided upon which the Guaranteed Maximum Price Proposal is based. "Legal Requirements" means all applicable federal, state and local laws, codes, ordinances, rules, regulations, orders and decrees of any government or quasi - government entity having jurisdiction over the PROJECT or Site, the practices involved in the PROJECT or Site, or any WORK. Page 5 of 58 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL COMPLEX PROJECT NO. 9 -05 A CONSTRUCTION SERVICES PHASE "OWNER'S CONTINGENCY" means a fund to cover cost growth during the PROJECT for new items that were not apparent or foreseeable from the GMP Drawings or the Contract Documents at the time of setting the GMP, for upgrades of materials or elements of construction that were not apparent or foreseeable from the GMP Drawings or the Contract Documents that were available at the time the GMP was established. The Owners Contingency will be used at the discretion of the Owner for Owner directed changes that are agreed to be additional to the Work as indicated in the GMP drawings and documents. The amount of the Owner's contingency will be set solely at the direction of the TOWN by the Owner and will be in addition to the PROJECT costs included in the CM @RISK's GMP packages. Use and management of the Owner's contingency is described in Section 6.8. "Product Data" means illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the CM @RISK to illustrate materials or equipment for some portion of the WORK. "PROJECT" means the WORK to be completed in the execution of this AGREEMENT as described in the Recitals hereinabove and Exhibit "A" attached. "Project Record Documents" means the documents created pursuant to Section 2.10. "Samples" means physical examples which illustrate materials, equipment or workmanship and establish standards by which the WORK will be evaluated. "Shop Drawings" mean drawings, diagrams, schedules and other data specially prepared for the work by the CM @RISK or a Subcontractor, Sub - Subcontractor, manufacturer, supplier or distributor to illustrate some portion of the WORK. "Site" means the land or premises on which the PROJECT is located generally described as the approximate twenty (20) acres proximal to the existing Marana Town Hall located at 13251 N. Lon Adams Road in Marana, Pima County, State of Arizona. "Specifications" means the part(s) of the CONTRACT DOCUMENTS for the construction phase consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the WORK and certain administrative details applicable thereto. "Subcontractor" means an individual or firm having a direct contract with the CM @RISK or any other individual or firm having a contract with the aforesaid CONTRACTORs at any tier, who undertakes to perform a part of the construction phase work for which the CM @RISK is responsible. Page 6 of 58 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL COMPLEX PROJECT NO. 99 -095 A CONSTRUCTION SERVICES PHASE "Substantial Completion" means when the WORK, or an agreed upon portion of the WORK, is sufficiently complete so that TOWN can occupy and use the PROJECT or a portion thereof for its intended purposes. This may include, but is not limited to: (i) approval by Town Fire Marshall and local authorities (Certificate of Occupancy); (ii) Elevator Permit; (iii) all systems in place, functional, and displayed to the TOWN or its representative; (iv) all materials and equipment installed; (v) all systems reviewed and accepted by the TOWN; (vi) draft O &M manuals and record documents reviewed and accepted by the TOWN; (vii) TOWN operation and maintenance training complete; (viii) HVAC test and balance completed (Preliminary testing and balancing shall be performed minimum 30 days prior to projected substantial completion and occupancy to assure habitability and minimum of work subsequent to occupancy, with final testing and balancing performed upon occupancy and a final testing and balance report provided to the TOWN); (ix) landscaping and site work; and (x) removal of construction debris and storage, cleaning of facility for occupancy. "Supplier" means a manufacturer, fabricator, supplier, distributor, material man or vendor having a direct contract with CM @RISK or any Subcontractor to furnish materials or equipment to be incorporated in the construction phase Work by CM @RISK or any Subcontractor. "Total Float" means Number of Days by which the design phase services or construction phase Work or any part of the same may be delayed without necessarily extending a critical schedule milestone in the PROJECT Schedule or extending the Contract Time. "TOWN ( "Owner" or "OWNER ") means the TOWN of Marana, a municipal corporation, with whom CM @RISK has entered into this CONTRACT and for whom the services is to be provided pursuant to said Contact. Permitting activities handled by the TOWN of Marana Developmental Services, Fire and Planning Departments are not subject to the responsibilities of the TOWN under this AGREEMENT. "TOWN's Representative" means the person designated in Subdivision 8.4.1.2. "TOWN's Senior Representative" means the person designated in Subdivision 8.4.1.1. "WORK" means the entire completed construction or the various separately identifiable parts thereof, required to be furnished during the construction phase. WORK includes and is the result of performing or furnishing labor and furnishing and incorporating materials, resources and equipment into the construction, and performing or furnishing services and documents, management, means and methods as required by the CONTRACT DOCUMENTS for the construction phase. ARTICLE 2 - CM CD-RISK'S SERVICES AND RESPONSIBILITIES 2.0 The CM @RISK shall furnish any and all means and methods, including management, labor, materials, equipment, transportation, utilities, services and facilities required to perform all WORK for the construction of the TOWN OF MARANA MUNICIPAL COMPLEX, and to completely and totally construct the same and install the material therein for the TOWN. All Work will be performed in a good and workmanlike and substantial manner and within the care and skill of a qualified CM @RISK in the State of Arizona. The WORK shall be complete to the satisfaction of the TOWN and strictly pursuant to and in conformity with the PROJECT CONTRACT DOCUMENTS as modified. It is not required that the services be performed in the sequence in which they are described. Page 7 of 58 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL. COMPLEX PROJECT NO. 99 -095 A CONSTRUCTION SERVICES PRASE 2.1. General Services 2.1.1. CM @RISK's Representative shall be reasonably available to TOWN at all times, shall be vested with the authority to act on behalf of CM @RISK, and shall have the necessary expertise and experience and authority required to provide the management, means and method to pursue the Work as described herein and to deliver the Work complete to the Town in a satisfactory and timely manner. CM @RISK's Representative may be replaced only with the written consent of TOWN. 2.1.2. CM @RISK's Senior Representative shall communicate regularly with TOWN but not less than once a week and shall be vested with the authority to act on behalf of CM @RISK. CM @RISK's Senior Representative may be replaced only with the written consent of TOWN. 2.2 NOT USED 2.3. Government Approvals and Permits - 2.3.1. Unless otherwise provided, CM @RISK shall obtain or assist the TOWN to obtain all necessary permits, approvals and licenses required for the prosecution of the WORK from any utility owner, any agency, government or quasi - government entity having jurisdiction over the PROJECT or any element of the PROJECT. The CM @RISK is specifically reminded of the need to obtain the necessary environmental permits, or file the necessary environmental notices. 2.3.2. Copies of these permits and notices must be provided to the TOWN's Representative prior to starting the permitted activity. In the case of Fire Department permits, a copy of the application for permit shall also be provided to the TOWN's Representative. This provision does not constitute an assumption by the TOWN of an obligation of any kind for violation of said permit or notice requirements. 2.3.3. TOWN shall be responsible for TOWN of Marana review and permit(s) fees for building and demolition permits. TOWN will also pay review fees for grading and drainage, water, sewer, and landscaping. TOWN shall also pay for utility design fees for permanent services. 2.3.4. CM @RISK shall be responsible for all other permits and review fees not specifically listed in Section 2.3.3 above. 2.3.5. CM @RISK is responsible for the arrangement, installation, operation and maintenance as needed, of water meter(s), water and sewer taps, fire lines and taps and all other utility connections and supply for Construction on the PROJECT until Substantial Completion of the PROJECT. Arrangements for construction water and all required Construction services are the CM @RISK's responsibility. Town of Marana as owner of the Project is responsible for the cost of water meter(s), water and sewer taps, fire lines and taps, and all water bills and charges for utility services on the PROJECT until Substantial Completion of the PROJECT. Town of Marana is responsible for the cost of all water used for construction, testing, chlorination or bacteriological sterilization, and facility services during the Project. Bills by the CM @RISK received from the Town of Marana Water Department or other utility owner shall be passed to the Town for internal processing and payment, or shall be paid by the CM @RISK and submitted as a pass through cost without mark -up or additions on an invoice for reimbursement by the Town except to the extent that taxes and other requirements of the State of Arizona, Pima County, Town of Marana or other local authorities may apply. Page 8 of 58 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL COMPLEX PROJECT NO, 9 -095 A CONSTRUCTION SERVICES PHASE • 2.4. Pre- construction Conference 2.4.1. Prior to the commencement of any Work, the TOWN's Representative will schedule a Pre - construction conference. 2.4.2. The purpose of this conference is to establish a working relationship between the CM @RISK, utility owners, the Design Professional and various TOWN agencies and other relevant agencies. The agenda will include critical elements of the work schedule, submittal schedule, cost breakdown of major lump sum items, CM @RISK Payment Requests and processing, coordination with the involved utility firms, and emergency telephone numbers for all representatives involved in the course of construction. 2.4.3. The date of Notice to Proceed with construction will be established during the Design Phase. 2.4.4. Minimum attendance by the CM @RISK shall be the CM @RISK's Representative, who is authorized to execute and sign documents on behalf of the firm, the job superintendent, and the CM @RISK's safety officer. 2.5. Control of the WORK 2.5.1. Unless otherwise provided in the CONTRACT DOCUMENTS to be the responsibility of TOWN or a separate CONTRACTOR, CM @RISK shall provide through itself or Subcontractors the necessary supervision, labor, inspection, testing, start -up, material, equipment, machinery, temporary utilities and other temporary facilities to permit CM @RISK to complete the WORK consistent with the CONTRACT DOCUMENTS. 2.5.2. CM @RISK shall perform all construction activities efficiently and with the requisite expertise, skill and competence to satisfy the requirements of the CONTRACT DOCUMENTS. CM @RISK shall at all times exercise complete and exclusive control over the means, methods, sequences and techniques of construction. 2.5.3. CM @RISK or the CM @RISK's Superintendent shall be present at the Worksite at all times that construction activities are taking place. 2.5.3 .1. All elements of the WORK, such as concrete work, pipe work, etc., shall be under the direct supervision of a foreman or his designated representative on the Site who shall have the authority to take actions required to properly carry out that particular element of the WORK. 2.5.3.2. In the event of noncompliance of this Division 2.5.3, the TOWN may require the CM @RISK to stop or suspend the work in whole or in part. 2.5.4. Where the CONTRACT DOCUMENTS require that a particular product be installed and /or applied by an applicator approved by the manufacturer, it is the CM @RISK's responsibility to ensure the Subcontractor employed for such work is approved. 2.5.5. Before ordering materials or doing work, the CM @RISK and each Subcontractor shall verify measurements at the Site and shall be responsible for the correctness of such measurements. No extra charge or compensation will be allowed because of differences between actual dimensions and the dimensions indicated on the drawings; differences, Page 9 of 58 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL COMPLEX PROJECT NO, 99 -095 A CONSTRUCTION SERVICES PRASE which may be found, shall be submitted to the TOWN for resolution before proceeding with the work. 2.5.6. The CM @RISK shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to the CM @RISK with the CONTRACT DOCUMENTS before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the TOWN at once. 2.5.7. The CM @RISK as CONTRACTOR shall establish and maintain all building and construction grades, lines, levels, and bench marks, and shall be responsible for accuracy and protection of same. This work shall be preformed or supervised by a licensed civil engineer or surveyor in the State of Arizona. 2.5.8. Any person employed by the CM @RISK or any Subcontractor who, in the opinion of the TOWN, does not perform his work in a proper, skillful and safe manner or is intemperate or disorderly shall, at the written request of the TOWN, be removed from the WORK by CM @RISK or Subcontractor employing such person, and shall not be employed again in any portion of WORK without the written approval of the TOWN. The CM @RISK or Subcontractor shall keep the TOWN harmless from damages or claims which may occur in the enforcement of this Section. 2.5.9. CM @RISK assumes responsibility to TOWN for the proper performance of the work of Subcontractors and any acts and omissions in connection with such performance. Nothing in the CONTRACT DOCUMENTS is intended or deemed to create any legal or contractual relationship between TOWN and any Subcontractor or Sub- Subcontractor, including but not limited to any third -party beneficiary rights. 2.5.10. CM @RISK shall coordinate the activities of all Subcontractors. If TOWN performs other work on the PROJECT or at the Site with separate CONTRACTORs under TOWN's control, CM @RISK agrees to cooperate and coordinate its activities with those of such separate CONTRACTORs so that the PROJECT can be completed in an orderly and coordinated manner without disruption to either work efffort. 2.6. Control of the Work Site 2.6.1. Throughout all phases of construction, including suspension of work, CM @RISK shall keep the Site reasonably free from debris, trash and construction wastes to permit CM @RISK to perform its construction services efficiently, safely and without interfering with the use of adjacent land areas. Upon Substantial Completion of the WORK, or a portion of the WORK, CM @RISK shall remove all debris, trash, construction wastes, materials, equipment, machinery and tools arising from the work or applicable portions thereof to permit TOWN to occupy the PROJECT or a portion of the PROJECT for its intended use. 2.6.2. CM @RISK shall take whatever steps, procedures or means to prevent any dust nuisance due to construction operations. The dust control measures shall be maintained at all times to the satisfaction of the TOWN and in accordance with the requirements of the Pima County Department of Environmental Quality (PDEQ). 2.6.3. CM @RISK shall maintain ADA and ANSI accessibility requirements during construction activities in an occupied building or facility. ADA and ANSI accessibility requirements shall include, but not be limited to, parking, building access, entrances, exits, restrooms, areas of refuge, and emergency exit paths of travel. CM @RISK shall be Page 10 of 58 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL COMPLEX PROJECT NO. 99 -095 A CONSTRUCTION SERVICES PRASE responsible for the coordination of all work to minimize disruption to building occupants and facilities. 2.6.4. Only materials and equipment which are to be used directly in the WORK shall be brought to and stored on the Site by the CM @RISK. When equipment is no longer required for the WORK, it shall be removed promptly from the Site. Protection of construction materials and equipment stored at the Site from weather, theft, damage and all other adversity is solely the responsibility of the CM @RISK... 2.7. Shop Drawings, Product Data and Samples 2.7.1. Shop Drawings, Product Data, Samples and similar submittals are not CONTRACT DOCUMENTS. The purpose of their submittal is to demonstrate for those portions of the WORK for which submittals are required the way the CM @RISK proposes to conform to the information given and the design concept expressed in the CONTRACT DOCUMENTS. 2.7.2. Generally the CM @RISK will submit the Shop Drawings, Product Data and Samples to Design Professional and the responsibility for timely review and approval shall rest with the Design Professional. The TOWN may reserve review and approval on certain submittal items, which reservation the TOWN will establish in writing to the CM @RISK and the Design Professional in advance of submittal schedule. If the TOWN has not expressed their desire to review and approve, then the review and approval shall rest with the Design Professional 2.7.2.1.. The CM @RISK shall prepare a schedule of submittals, listing all expected or known submittals and a critical date for approval to support procurement and construction. The submittal to the Design Professional or the Design Professional and the TOWN as appropriate, shall be made a reasonable and mutually acceptable time before that critical date to allow for competent review and approval, with consideration for resubmittal or request for information or clarification. 2.7.2.2. The time required for review shall support the schedule requirements and will not be onerous to the CM @RISK. 2.7.2.3. The CM @RISK shall assure the completeness of the submittal and appropriateness to promote a timely and competent review and lack of information or lack of time between the time of submittal and the critical date shall not be onerous to either the Design Professional or the TOWN. 2.7.2.4. Reviews shall be performed in parallel as far as possible. 2.7.2.5. The CM @RISK shall transmit to the TOWN a copy of transmittal of each submittal made to the Design Professional, and the Design Professional shall transmit to the TOWN a copy of the transmittal of each review made to the CM @RISK. 2.7.2.6. The CM @RISK shall establish and shall maintain a current Submittals Log. 2.7.2.6.1. The CM @RISK shall maintain a copy of the current Submittal Log on the Project Web Site and provide a hard copy as requested to the Design Professional and to the TOWN. 2.7.3. The CM @RISK shall review, approve, verify, and submit to the Design Professional sufficient copies for review, but not less than six (6) copies of each Shop Page 11 of 58 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL COMPLEX PROJECT NO. 99 -095 A CONSTRUCTION SERVICES PHASE Drawing, Product Data, Sample, and similar submittal required by the CONTRACT DOCUMENTS in accordance with the approved GMP schedule as shown in Exhibit B as to cause no delay in the progress of the WORK or in the activities of the TOWN or of separate CONTRACTOR& Submittals made by the CM @RISK, which are not required by the CONTRACT DOCUMENTS, may be returned without action. 2.7.4. The CM @RISK shall perform no portion of the WORK requiring submittal and review of Shop Drawings, Product Data, Samples, or similar submittals until the respective submittal has been approved by the Design Professional. Such Work shall be in accordance with approved submittals. 2.7.5. By approving, verifying and submitting Shop Drawings, Product Data, Samples and similar submittals, the CM @RISK represents that the CM @RISK has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the WORK and of the CONTRACT DOCUMENTS. 2.7.6. The CM @RISK shall not be relieved of responsibility for deviations from requirements of the CONTRACT DOCUMENTS by the Design Professional or the TOWN's approval of Shop Drawings, Product Data, Samples or similar submittals unless the CM @RISK has specifically informed the Design Professional and the TOWN in writing of such deviation at the time of submittal and the Design Professional with concurrence of the TOWN has given written approval to the specific deviation. The CM @RISK shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples, or similar submittals by the TOWN's approval thereof. 2.7.7. The CM @RISK shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples, or similar submittals, to revisions other than those requested by the Design Professional or the TOWN on previous submittals. 2.7.8. Informational submittals upon which the Design Professional or the TOWN is not expected to take responsive action may be so identified in the CONTRACT DOCUMENTS. 2.7.9. When professional certification of performance criteria of materials, systems or equipment is required by the CONTRACT DOCUMENTS, the TOWN shall be entitled to rely upon the accuracy and completeness of such calculations and certifications. 2.8. Quality Control, Testing and Inspection 2.8.1. All materials used in the WORK shall be new and unused, unless otherwise noted, and shall meet all quality requirements of the CONTRACT DOCUMENTS. 2.8.2. All construction materials to be used on the WORK or incorporated into the WORK, equipment, plant, tools, appliances or methods to be used in the WORK may be subject to the inspection and approval or rejection by the TOWN. 2.8.3. The procedures and methods used to sample and test material will be determined by the TOWN. Unless otherwise specified, samples and test shall be made in accordance with the standard methods of AASHTO or ASTM. 2.8.4. The TOWN will select a pre - qualified TOWN or Independent Testing Laboratory, and special inspection services as required. Page 12 of 58 CONSTRUCTION MANAGED AT RISK FOR TOWN OF MARANA MUNICIPAL. COMPLEX PROJECT NO. 99 -095 A CONSTRUCTION SERVICES PHASE 2.8.4.1. When the first and subsequent tests indicate noncompliance with the CONTRACT DOCUMENTS, the cost associated with that noncompliance will be paid for by the CM @RISK. CM @RISK Contingency cannot be utilized for the cost of re- testing. 2.8.4.2. The Town will pay for the final test that indicates compliance with the requirements. 2.8.4.3. When the first and subsequent tests indicate noncompliance with the CONTRACT DOCUMENTS, all retesting shall be performed by the same testing agency. 2.8.5. The CM @RISK will cooperate with the selected testing laboratory and all others responsible for testing and inspecting the WORK and shall provide them access to the work at all times. 2.8.6. At the option of the TOWN, materials may be approved at the source of supply and or manufacture before materials are delivered to site. 2.8.7. Special Inspections, code compliance 2.8.7.1. Specialty Inspections, code compliance testing and inspections required by codes or ordinances, or by a plan approval authority, and which are made by a legally constituted authority, shall be the responsibility of and shall be paid by the TOWN, unless otherwise provided in the CONTRACT DOCUMENTS. 2.8.8. CM @RISK's convenience and quality control testing and inspections shall be the sole responsibility of the CM @RISK and paid by the CM @RISK. 2.9. Trade names and Substitutions. 2.9.1. CONTRACT Document references to equipment, materials or patented processes by manufacturer, trade name, make or catalog number, unless indicated that no substitutions are permitted, substitute or alternate items may be permitted, subject to the following: 2.9.2. The substitution shall be submitted by CM @RISK in writing to the Design Professional and the TOWN. 2.9.3. The CM @RISK shall certify that the substitution will perform the functions and achieve the results called for by the general design, be similar and of equal substance, and be suited to the same use as that specified. 2.9.4. The submittal shall state any required changes in the CONTRACT DOCUMENTS to adapt the design to the proposed substitution. 2.9.5. The submittal shall contain an itemized estimate of all costs and credits that will result directly and indirectly from the acceptance of such substitution, including cost of design, license fees, royalties, and testing. Also, the submittal shall include any adjustment in the CONTRACT TIME created by the substitution. Costs for adjustments in the CONTRACT TIME shall be included in the statement of cost and schedule impact. Approval of any substitution which incurs an extension to the CONTRACT TIME shall not alleviate the CM @RISK of his obligation to deliver the Project within the CONTRACT TIME. 2.9.6. The CM @RISK, if requested by the Design Professional or the TOWN, shall Page 13 of 58 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARA,NA MUNICIPAL COMPLEX PROJECT NO. 99 -095 A CONSTRUCTION SERVICES PHASE submit Samples or any additional information that may be necessary to evaluate the acceptability of the substitution. 2.9.7. The Design Professional (with the concurrence of the TOWN) will make the final decision and will notify the CM @RISK in writing as to whether the substitution has been accepted or rejected within twenty -one (21) calendar days from the receipt of all items necessary for a full and responsible review of the substitution. 2.9.8. if the Design Professional (or the TOWN) does not respond in a timely manner, the CM @RISK shall continue to perform the work in accordance with the CONTRACT DOCUMENTS and the substitution will be considered rejected. 2.10. PROJECT Record Documents 2.10.1. During the construction period, the CM @RISK shall maintain at the jobsite a set of blueline or blackline prints of the Construction Document drawings and shop drawings for PROJECT Record Document and CONTRACT DOCUMENT purposes. 2.10.1.1. The CM @RISK shall mark these drawings to indicate the actual installation where the installation varies appreciably from the original Construction Documents. Give particular attention to information on concealed elements, which would be difficult or impossible to identify, locate, or measure and record later. Items required to be marked include but are not limited to: 1 Dimensional changes to the drawings. 2 Revisions to details shown on Drawings 3 Depths of foundations below first floor 4 Locations and depths of underground utilities 5 Revisions to routing of piping and conduits. 6 Revisions to electrical circuitry. 7 Actual equipment locations. 8 Duct size and routing. 9 Locations of concealed internal utilities. 10 Changes made by Change Order. 11 Details not on original CONTRACT Drawings. 2.10.1.2. The CM @RISK shall mark completely and accurately as PROJECT "Record Drawing" prints of Construction Documents or Shop Drawings, whichever is the most capable of indicating the actual physical condition. Where Shop Drawings are marked, show cross - reference on the Construction Documents location. 2.10.1.3. The CM @RISK shall mark PROJECT Record Drawings sets with red erasable colored pencil 2.10.1.4. The CM @RISK shall note RFI Numbers, ASI Numbers and Change Order numbers, etc., as required to identify the source of the change to the Construction Documents. 2.10.1.5. The CM @RISK shall at the time of Substantial Completion, submit PROJECT Record Drawing prints and Shop Drawings to the Design Professional and the TOWN for review and comment. 2.10.2. Immediately upon receipt of the reviewed PROJECT Record Drawings from the Design Professional or the TOWN, the CM @RISK shall correct any deficiencies and /or Fags 14 of 58 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL COMPLEX PROJECT NO. 99 -095 A CONSTRUCTION SERVICES PHASE omissions to the drawings and return the corrected Record Drawings to the Design Professional and the TOWN. 2.10.2.1. The Design Professional will produce a complete set of electronic PROJECT Record Drawings prepared in AutoCAD format compatible with Town of Marana format applicable at the time of production of the electronic Project Record Drawings. The Design Professional will transfer the information on the CM's Record Drawings to produce the electronic Project Record Drawings by using the electronic files of the original Construction Documents. Each electronic Project Record Document sheet shall be clearly marked with "Record Drawing" Document. The Design Professional will sign and date the accepted "Record Drawing" Document. 2.10.2.2. The Design Professional will produce a complete set of reproducible mylars from the final AutoCAD drawings and five (5) edge -bound blueline or blackline sets reproduced from these mylars. 2.10.2.3. The Design Professional will prepare and submit the original electronic Project Documents, the electrical copy of the Project "Record Drawing" Documents, the set of reproducible mylars, and five edge -bound blueline or blackline sets reproduced from these mylars, and the original copy of the PROJECT Record Drawings (redline mark -ups) to the TOWN as part of the Project Closeout for the Design Contract. 2.10.2.3.1. If the Design Contract with the Design Professional does not include this service as part of the Scope of Work for Design Services, then the Design Contract shall be amended by Contract Change Order to add the services to the Design Contract. 2.11. Project Safety 2.11.1. CM @RISK recognizes the importance of performing the work in a safe manner so as to prevent damage, injury or loss to (i) all individuals at the Site, whether working or visiting, (ii) the work, including materials and equipment incorporated into the WORK or stored on -Site or off -Site, and (iii) all other property at the Site or adjacent thereto. 2.11.2. CM @RISK assumes responsibility for implementing and monitoring all safety precautions and programs related to the performance of the work. 2.11.2.1. The CM @RISK shall have, or shall establish, and maintain, a Safety Program administered at the corporate level by a Safety Officer at the corporate level who oversees the implementation at the Project Level by the CM @RISK's Safety Representative. 2.11.2.2. The Corporate Safety Officer shall schedule and perform periodic inspections of the Project Site and provide a report to the TOWN. Such inspections shall be performed no less than every two weeks. 2.11.2.3. A Project Safety Report shall be included in the Project Monthly Report. 2.11.3. The Corporate Safety Officer shall prior to commencing any construction work, designate a Safety Representative with the necessary qualifications and experience to supervise the implementation and monitoring of all safety precautions and programs related to the WORK. Unless otherwise required by the CONTRACT DOCUMENTS, CM @RISK's Safety Representative shall be an individual stationed at the Site who may have other responsibilities on the PROJECT in addition to safety. Page 15 of 58 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL COMPLEX PROJECT NO. 9 -095 A CONSTRUCTION SERVICES PHASE 2.11.4. The Safety Representative shall make routine daily inspections of the Site and shall hold safety meetings with CM @RISK's personnel, Subcontractors and others as applicable, no less than weekly, but as often as required to maintain a safe working environment. Safety Meetings shall be documented, as to subject of meeting, particular elements of safety discussed or presented, attendees, time and place. 2.11.5. CM @RISK and Subcontractors shall comply with all Legal Requirements relating to safety, as well as any TOWN- specific safety requirements set forth in the CONTRACT DOCUMENTS, provided that such TOWN- specific requirements do not violate any applicable Legal Requirement. 2.11.6. CM @RISK will immediately report in writing any safety - related injury, loss, damage or accident arising from the WORK to TOWN's Representative and, to the extent mandated by Legal Requirements, to all government or quasi - government authorities having jurisdiction over safety - related matters involving the PROJECT or the WORK. 2.11.7. CM @RISK's responsibility for safety under Section 2.11 is not intended in any way to relieve Subcontractors and Sub - Subcontractors of their own contractual and legal obligations and responsibility for (i) complying with all Legal Requirements, including those related to health and safety matters, and (ii) taking all necessary measures to implement and monitor all safety precautions and programs to guard against injury, losses, damages or accidents resulting from their performance of the WORK. 2.12. Warranty 2.12.1. CM @RISK warrants to TOWN that the construction, including all materials and equipment furnished as part of the construction, shall be new unless otherwise specified in the CONTRACT DOCUMENTS, of good quality, in conformance with the CONTRACT DOCUMENTS and free of defects in materials and workmanship. 2.12.2. CM @RISK's warranty obligation excludes defects caused by abuse, alterations, or failure to maintain the Work by persons other than CM @RISK or anyone for whose acts CM @RISK may be liable. 2.12.3. CM @RISK shall warrant his workmanship for the period required by applicable Pima County, Arizona or Federal Statutes. CM @RISK shall perform all warranty and correction of non- conforming work for a period of one year 2.12.4. Nothing in this warranty is intended to limit any manufacturer's warranty which provides TOWN with greater warranty rights than set forth in this Section 2.12 or the CONTRACT DOCUMENTS. CM @RISK will provide TOWN with all manufacturers' warranties upon Substantial Completion. 2.12.5. The date established in the Certificate of Substantial Completion as stated in Subsection 4.2.5 shall begin the period of Warranty. 2.13. Correction of Defective Work 2.13.1. CM @RISK agrees to correct any work that is found to not be in conformance with the CONTRACT DOCUMENTS, including that part of the WORK subject to Section 2.12 above, within a period of one year from the date of Substantial Completion of the WORK or any portion of the WORK, or within such longer period to the extent required by the CONTRACT DOCUMENTS or applicable legislation. A progress payment, or partial or entire use or occupancy of the PROJECT by the TOWN shall not constitute Page 16 of 58 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL COMPLEX PROJECT NO. -095 A CONSTRUCTION SERVICES PHASE acceptance of WORK not in accordance with the CONTRACT DOCUMENTS. 2.13.2. During the Work, CM @RISK shall take meaningful steps to commence correction of such nonconforming work as notified by the TOWN. This includes the correction, removal or replacement of the nonconforming work and any damage caused to other parts of the WORK affected by the nonconforming work. If CM @RISK fails to commence the necessary steps during the work, TOWN, in addition to any other remedies provided under the CONTRACT DOCUMENTS, may provide CM @RISK with written notice that TOWN will commence correction of such nonconforming work with its own forces. 2.13.3. CM @RISK shall take meaningful steps to commence correction of nonconforming work subject to Section 2.12 above, within seven days of receipt of written notice from TOWN. This includes the correction, removal or replacement of the nonconforming work and any damage caused to other parts of the WORK affected by the nonconforming work. If CM @RISK fails to commence the necessary steps within such seven day period, TOWN, in addition to any other remedies provided under the CONTRACT DOCUMENTS, may provide CM @RISK with written notice that TOWN will commence correction of such nonconforming work with its own forces. 2.13.4. If TOWN does perform such corrective work, CM @RISK shall be responsible for all reasonable costs incurred by TOWN in performing such correction. 2.13.5. The CM @RISK will respond and initiate corrections for nonconforming work that creates an emergency requiring an immediate response as quickly as possible. 2.13.6. The one year period referenced in Subdivision 2.12.3 above applies only to CM @RISK's obligation to correct nonconforming work and is not intended to constitute a period of limitations for any other rights or remedies TOWN may have regarding CM @RISK's other obligations under the CONTRACT DOCUMENTS or applicable legislation, or to constitute a release by the TOWN of any Owners rights and expectations to a complete and satisfactory product as entailed by the CONTRACT DOCUMENTS. ARTICLE 3 - TOWN'S SERVICES AND RESPONSIBILITIES 3.0 Duty to Cooperate. TOWN shall, throughout the performance of the WORK, cooperate with CM @RISK and shall perform its responsibilities, obligations and services in a timely manner to facilitate CM @RISK's timely and efficient performance of the WORK and so as not to delay or interfere with CM @RISK's performance of its obligations under the CONTRACT DOCUMENTS. 3.1. TOWN shall furnish at the CM @RISK's request, at no cost to the CM @RISK, a CADD file of the Construction Documents in AutoCAD format compatible with TOWN of Marana Engineering and Architectural Services Department CADD technology. 3.2. TOWN's Representative 3.2.1. TOWN's Representative shall be responsible for providing TOWN - supplied information and approvals in a timely manner so as to permit CM @RISK to fulfill its obligations under the CONTRACT DOCUMENTS. 3.2.2. TOWN's Representative shall also provide CM @RISK with prompt notice if it observes any failure on the part of CM @RISK to fulfill its contractual obligations, Page 17 of 58 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL COMPLEX PROJECT NO, 9 -095 A CONSTRUCTION SERVICES PHASE including any default or defect in the PROJECT or non - conformance with the drawings, specifications and CONTRACT DOCUMENTS. 3.3. Design Professional Services 3.3.1. The TOWN may contract separately with one or more Design Professionals to provide construction administration of the PROJECT. The Design Professional's contract as well as other firms hired by the TOWN shall be furnished to the CM @RISK. The CM @RISK shall not have any right however, to limit or restrict any CONTRACT modifications that are mutually acceptable to the TOWN and Design Professional. 3.3.2. The TOWN may contract with the Design Professional to provide some or all of the following services during the performance of the WORK. 3.3.2.1. The Design Professional will provide administration of the WORK. The TOWN, the CM @RISK and the Design Professional shall directly communicate one with the other, with a copy to the third party as applicable. All communicative correspondence between the CM @RISK and the Design Professional shall be copied to the TOWN, or made known to the TOWN and a copy made available for their information. Communications by and with the Design Professional's Subconsultants shall be through the Design Professional. 3.3.2.2. The Design Professional will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed WORK and to determine in general if the WORK is being performed in accordance with the CONTRACT DOCUMENTS. The Design Professional will keep the TOWN informed of progress of the WORK, and will endeavor to guard the TOWN against defects and deficiencies in the WORK. 3.3.2.3. The Design Professional will review and certify the CM @RISK's Payment Requests. 3.3.2.4. The Design Professional will have authority to reject WORK which does not conform to the CONTRACT DOCUMENTS. 3.3.2.5. The Design Professional will have authority to require additional inspection or testing of the WORK in accordance with Subsection 2.8. 3.3.2.6. The Design Professional will review and approve or take other appropriate action upon the CM @RISK's submittals such as Shop Drawings, Product Data and Samples in accordance with Subsection 2.7. 3.3.2.7. The Design Professional will interpret and decide matters concerning performance under and requirements of the CONTRACT DOCUMENTS on written request of either the TOWN or CM @RISK. The design Professional's response to such requests will be made with reasonable promptness and within any time limits agreed upon. 3.3.2.8. The Design Professional will prepare Change Orders, and may authorize minor changes in the WORK as provided in Subsection 6.7.1 3.3.2.9. The Design Professional will conduct inspections with the CM @RISK and the Page 18 of 58 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL COMPLEX PROJECT NO. -095 A CONSTRUCTION SERVICES PHASE TOWN to determine Substantial Completion and Final Acceptance. 3.3.2.10. The Design Professional will receive and forward to the TOWN for the TOWN's review and records written warranties and related documents required by the CONTRACT DOCUMENTS and assembled by the CM @RISK. 3.4. TOWN's Separate Contractors. 3.4.1. TOWN is responsible for all work performed on the PROJECT or at the Site by separate Contractors under TOWN's control. TOWN shall contractually require its separate Contractors to cooperate with, and coordinate their activities so as not to interfere with, CM @RISK in order to enable CM @RISK to timely complete the WORK consistent with the CONTRACT DOCUMENTS. 3.5. Permit Review and Inspections. 3.5.1. For clarification, permitting activities are handled by the Town of Marana Developmental Services, Building Departments, and are not subject to the responsibilities of the TOWN under this AGREEMENT. ARTICLE 4 - CONTRACT TIME 4.0 CONTRACT TIME. 4.1.1. CONTRACT TIME shall be Five Hundred Fifty (550) Calendar Days starting at Notice to Proceed or receipt of Building Permit, whichever date is later. 4.1.2. CM @RISK agrees that it will commence performance of the WORK and shall prosecute the Work day by day and shall achieve Substantial Completion of the Work within the CONTRACT TIME as stipulated herein or as modified by subsequent Agreement or Contract Change Order. 4.1.3. The End Of Contract Date shall be the date when the Contract Time of Five Hundred Fifty (550) Calendar Days is counted from the date of Notice to Proceed or date of receipt of Building Permit, whichever date is later unless changed, altered or modified by Contract Change Order. 4.1.4. The End of Contract Date shall be the date when Liquidated Damages as stated hereinbelow in Subsection 4.4.1 shall become applicable. 4.1.4. 1 All of the times set forth in this Article 4 shall be subject to adjustment in accordance with Article 6. 4.2. Substantial Completion 4.2.1. Substantial Completion shall be in accordance with its definition in Article 1 except for as provided by the following: 4.2.2. Prior to notifying the TOWN in accordance to Division 4.2.3 below, the CM @RISK shall inspect the WORK and prepare and submit to the TOWN a Page 19 of 58 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL COMPLEX PROJECT NO. 99 -£395 A CONSTRUCTION SERVICES PHASE comprehensive list of items to be completed or corrected. The CM @RISK shall proceed promptly to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the CM @RISK to complete all WORK in accordance with the CONTRACT DOCUMENTS. 4.2.3. CM @RISK shall notify TOWN when it believes the WORK, or to the extent permitted in the CONTRACT DOCUMENTS, a portion of the WORK, is substantially complete and ready for joint inspection. 4.2.4. Within five (5) days of TOWN's receipt of CM @RISK's notice, TOWN, Design Professional and CM @RISK will jointly inspect such WORK to verify that it is substantially complete in accordance with the requirements of the CONTRACT DOCUMENTS. 4.2.5. If such WORK is substantially complete, TOWN shall prepare and issue a Certificate of Substantial Completion that will set forth (i) the date of Substantial Completion of the WORK or portion thereof, (ii) the remaining items of WORK that have to be completed within thirty (30) calendar days before Final Acceptance, (iii) provisions (to the extent not already provided in the CONTRACT DOCUMENTS) establishing TOWN's and CM @RISK's responsibility for the PROJECT's security, maintenance, utilities and insurance pending Final Acceptance and (iv) an acknowledgment that the period of Warranty begins on the established date of Substantial Completion, except as may otherwise be noted in the Certificate of Substantial Completion. 4.2.6. TOWN, at its option, may use a portion of the WORK which has been determined to be substantially complete, provided, however, that (i) a Certificate of Substantial Completion has been issued for the portion of WORK addressing the items set forth in Subsection 4.2.5 above, (ii) CM @RISK and TOWN have obtained the consent of their sureties and insurers, and to the extent applicable, the appropriate government authorities having jurisdiction over the PROJECT, and (iii) TOWN and CM @RISK agree that TOWN's use or occupancy will not interfere with CM @RISK's completion of the remaining WORK. 4.3. Final Acceptance. Upon receipt of written notice that the WORK or identified portions of the WORK is ready for final inspection and acceptance TOWN and CM @RISK will jointly inspect to verify that the remaining items of work have been completed as set forth in Division 4.2.5. The TOWN will issue a Final Acceptance Letter. 4.4. Liquidated Damages. 4.4.1. CM @RISK understands that if Substantial Completion is not attained within the Contract Time of Five Hundred Fifty (550) Calendar Days, or as adjusted by subsequent Contract Change Order, TOWN will suffer damages which are difficult to determine and accurately specify. CM @RISK agrees that if Substantial Completion is not attained within the Contract Time as adjusted, CM @RISK shall pay TOWN Eight Hundred and NO /100 Dollars ($800.00) per calendar day as liquidated damages for each Calendar Day that Substantial Completion extends beyond the End of Contract Date as determined hereinabove and as adjusted by subsequent Contract Change Order. 4.5 NOT USED. 4.6. PROJECT Schedule , Page 20 of 58 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL_ COMPLEX PROJECT NO. 99 -095 A CONSTRUCTION SERVICES PHASE 4.6.1. The PROJECT Schedule shall be initially submitted at the start of this AGREEMENT pursuant to Article 2 and updated and maintained throughout the CONTRACT Services. An updated PROJECT Schedule shall be part of the GMP amendment. 4.6.2. The PROJECT Schedule shall be revised as required by conditions and progress of the CONTRACT Services, but such revisions shall not relieve CM @RISK of its obligations to complete the CONTRACT Services within the CONTRACT TIME(s), as such dates may be adjusted in accordance with the CONTRACT DOCUMENTS. 4.6.3. Updated PROJECT Schedule shall be submitted monthly to the TOWN as part of the CM @RISK's monthly payment request. 4.6.3.1. CM @RISK shall provide TOWN with a monthly status report with each PROJECT Schedule detailing the progress of Construction, including whether (i) the construction is proceeding according to schedule, (ii) discrepancies, conflicts, or ambiguities exist in the CONTRACT DOCUMENTS that require resolution, and (iii) other items require resolution so as not to jeopardize ability to complete the construction as presented in the GMP or the WORK as represented in the CONTRACT DOCUMENTS safely, efficiently and within the CONTRACT TIME(s). 4.6.3.2. With each schedule submittal the CM @RISK shall include a transmittal letter including the following: • Description of problem tasks (referenced to field instructions, requests for information (RFI's), as appropriate. o Current and anticipated delays including: • Cause of the delay • Corrective action and schedule adjustments to correct the delay • Known or potential impact of the delay on other activities, milestones, and PROJECT complete date • Changes in construction sequence • Pending items and status thereof including but not limited to: • Time Extension requests • Other items • CONTRACT completion date status: • If ahead of schedule, the number of calendar days ahead. • If behind schedule, the number of calendar days behind. • Other PROJECT or scheduling concerns 4.6.4. TOWN's review of and response to the PROJECT Schedule is only for general conformance with the scheduling requirements of the CONTRACT DOCUMENTS. The review shall not relieve the CM @RISK from compliance with the requirements of the CONTRACT DOCUMENTS or be construed as relieving the CM @RISK of its complete and exclusive control over the means, methods, sequences and techniques for executing the CONTRACT Services within the Contract Time. 4.6.5. The PROJECT Schedule shall include a Critical Path Method (CPM) diagram schedule that shall show the sequence of activities, the interdependence of each activity and indicate the path of critical activities. 4.6.5.1. The CPM diagram schedule shall be in Days and indicate duration, earliest and Page 21 of 58 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL COMPLEX PROJECT NO, 99 -095 A CONSTRUCTION SERVICES PHASE • latest start and finish dates, and float times for all activities except critical activities and shall be presented in a time scaled graphical format for the PROJECT as a whole. 4.6.5.2. The CPM diagram schedule shall indicate all relationships between activities. 4.6.5.3. The activities making up the schedule shall be sufficient detailed to assure that adequate planning has been done for proper execution of the WORK and such that it provides an appropriate basis for monitoring and evaluating the progress of the WORK. 4.6.5.4. The CPM diagram schedule shall show all submittals associated with each work activity, allowing a minimum of 12 and a maximum of 21 calendar days for review of each submittal. 4.6.5.5. The schedule shall show milestones, including milestones for Owner- furnished information, and shall include activities for Owner - furnished equipment and furniture when those activities are interrelated with the CM @RISK activities. 4.6.5.6. The schedule shall include a critical path activity that reflects anticipated rain delay during the performance of the CONTRACT. The duration shall reflect the average climatic range and usual industrial conditions prevailing in the locality of the site. Weather data shall be based on information provided by the National Weather Services or other approved source. 4.6.6. The PROJECT Schedule shall consider the TOWN's and the Tenants' occupancy requirements showing portions of the PROJECT having occupancy priority, • and duration of the work. 4.6.7. Float time shall be as prescribed below; 4.6.7.1. No more than twenty percent of the non - critical activities will have less than five calendar days of float. 4.6.7.2. Float, slack time, or contingency within the schedule (i.e., the difference in time between the PROJECT's early completion date and the required CONTRACT complete date), and total float within the overall schedule, is not for the exclusive use of either the TOWN or the CM @RISK, but is jointly owned by both and is a resource available to and shared by both parties as needed to meet CONTRACT milestones and the CONTRACT completion date. 4.6.7.3. The CM @RISK shall not sequester shared float through such strategies as extending activity duration estimates to consume available float, using preferential logic, or using extensive crew /resource sequencing, etc. Since float time within the schedule is jointly owned, no time extensions will be granted nor delay damages paid until a delay occurs which extends the work beyond the CONTRACT TIME. 4.6.7.4. Since float time within the construction schedule is jointly owned, it is acknowledged that TOWN- caused delays on the PROJECT may be offset by TOWN - caused time savings (i.e., critical path submittals returned in less time than allowed by the CONTRACT, approval of substitution requests and credit changes which result in savings of time to the CM @RISK, etc.). In such an event, the CM @RISK shall not be entitled to receive a time extension or delay damages until all TOWN- caused time savings are . exceeded, and the CONTRACT TIME is also exceeded. Page 22 of 58 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL COMPLEX PROJECT NO. 9 -095 A CONSTRUCTION SERVICES PHASE ARTICLE 5- CONTRACT PRICE 5.0 The CM @RISK agrees at his own proper cost and expense, to do all work as aforesaid for the construction of said improvements and to completely construct the same and install the material therein, as called for by this AGREEMENT free and clear of all claims, liens, and charges whatsoever, in the manner and under the conditions specified within the time, or times, stated in the Guaranteed Maximum Price proposal, and in the established and agreed Allowances as further defined herein or as identified, established and agreed by Contract Change Order subsequent to the execution of this Agreement. 5.1. CONTRACT PRICE. 5.1.1. The CONTRACT PRICE will be EIGHTEEN MILLION TWO HUNDRED FORTY- TWO THOUSAND SIX HUNDRED SEVENTY FOUR & No /100 DOLLARS ($18,242,674.00) the Guaranteed Maximum Price as shown in Exhibit B. 5.1.2. The CONTRACT PRICE is subject to adjustments made in accordance with Article 6. 5.1.3. Unless otherwise provided in the CONTRACT DOCUMENTS, the CONTRACT PRICE is deemed to include all sales, use, consumer and other taxes which are legally enacted when negotiations concluded, whether or not yet effective or merely scheduled to go into effect. • 5.2. Markups for Changes. If the GMP requires an adjustment due to changes in the WORK, the cost of such changes is determined subject to Article 6. The markups that shall be allowed on such changes shall be no greater than the markups delineated in the approved GMP. 5.3. CM MANAGED ALLOWANCES 5.3.1. The Town will identify Work associated with the Project but outside of the Work to be performed as part of the GMP. The Town will establish an Allowance for this Work that will be managed by the CM @RISK as part of the Work. 5.3.2. The Allowance will be defined by drawings, specifications, and other means, and the CM @RISK in association with the Design Professional and the Town will develop an estimated cost to perform the Work associated with the Allowance. 5.3.2.1. The Work covered by an Allowance will be considered comprehensive and inclusive of all required labor, management, equipment, procurement, taxes, permits, installation, warrantees, guarantees and other foreseeable costs associated with the Work complete in place on a turn -key basis unless otherwise stated in the specific definition and Scope of Work of a particular Allowance. 5.3.2.2. A reasonable contingent amount will be proposed by the CM @RISK and /or the Design Professional, negotiated with and approved by the Town. Once the Work is defined, and the estimated cost and contingent amount is agreed and accepted, the estimated amount plus the contingent amount will be considered a Not To Exceed Cost (NTEC) amount for the Allowance and the CM @RISK will manage the defined Work within that NTEC unless the Work is modified, altered or changed by a Contract Change Order. Page 23 of 58 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL COMPLEX PROJECT NO. 9 -5 A CONSTRUCTION SERVICES PRASE 5.3.2.3. The CM @RISK will be reimbursed by a flat fee to be negotiated at the time of accepting the established NTEC amount of the Allowance. The fee shall be based on the estimated value of the Allowance not including the amount of the contingency. 5.3.2.4. The Work under an Allowance shall be bonded, insured, warranted, guaranteed and otherwise protected as if it were a part of the Work otherwise performed under the Guaranteed Maximum Price and subject to all terms and conditions of the Contract Documents. 5.3.2.5. Neither the CM @RISK nor the Design Professional shall knowingly degrade the Work covered by an Allowance, or any element thereof, in appearance, integrity, performance, warrantee, guarantee or after sales service, or by any other means to maintain the NTEC. 5.3.2.6. THE CMARISK SHALL HAVE AUTHORITY TO PROVIDE ALTERNATIVES TO THE TOWN THAT MAINTAIN ALLOWANCE BUDGETS. THESE ALTERNATIVES SHALL COMPLY WITH TOWN REQUIREMENTS AS WELL AS BUDGET RESTRICTIONS. 5.3.2.7. The TOWN shall have responsibility and authority for final decision on alternatives. 5.3.2.8. The CM @RISK shall notify the Town if and as soon as it has reason to believe that the NTEC amount, including estimated cost and contingency, of the Allowance will be insufficient to complete the Work as defined in the Scope of Work of the Allowance. . 5.3.2.9. The CM @RISK together with the Design Professional and the Town shall determine ways to recover the NTEC, or to recommend a general increase to the NTEC amount of the Allowance 5.3.2.10. The CM @RISK shall be responsible for maintaining the NTEC and for justifying the additional costs as necessary. ARTICLE 6 - CHANGES TO THE CONTRACT PRICE AND CONTRACT TIME 6.0 Delays to the Work 6.1.1. If CM @RISK is delayed in the performance of the work due to acts, omissions, conditions, events, or circumstances solely beyond its control and due to no fault of its own or those for whom CM @RISK is responsible, the CONTRACT TIME for performance shall be extended by Change Order by a mutually agreed amount thereof. 6.1.2. The CM @RISK shall request an increase in the CONTRACT TIME by written notice including an estimate of probable effect of delay on progress of the work. In the case of a continuing delay only one request is necessary. 6.1.3. By way of example, events that will entitle CM @RISK to an extension of the CONTRACT TIME include acts or omissions of TOWN or anyone under TOWN's control (including separate CONTRACTORs), changes in the WORK, Differing Site Conditions, Hazardous Conditions, wars, floods, labor disputes, unusual delay in transportation, epidemics abroad, earthquakes, adverse weather conditions not reasonably anticipated, and other acts of God. Page 24 of 58 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL. COMPLEX PROJECT NO. 99-095 A CONSTRUCTION SERVICES PHASE is 6.1.4. If adverse weather conditions are the basis for a request for additional CONTRACT TIME, such requests shall be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. 6.1.5. It is understood, however, that permitting the CM @RISK to proceed to complete any services, or any part of them, after the date to which the time of completion may have been extended, shall in no way act as a waiver on the part of the TOWN of any of its legal rights herein. 6.1.6. In addition to CM @RISK's right to a time extension for those events set forth in this Section 6.1, CM @RISK shall also be entitled to an appropriate adjustment of the CONTRACT PRICE provided, however, that the CONTRACT PRICE shall not be adjusted for those events set forth in this Section 6.1 that are beyond the control of both CM @RISK and TOWN, including the events of war, floods, labor disputes, earthquakes, epidemics, adverse weather conditions not reasonably anticipated, and other acts of God. 6.2. Differing Site Conditions 6.2.1. If CM @RISK encounters a Differing Site Condition, CM @RISK will be entitled to an adjustment in the CONTRACT PRICE and /or CONTRACT TIMEs to the extent CM @RISK's cost and /or time of performance are adversely impacted by the Differing • Site Conditions. 6.2.2. Upon encountering a Differing Site Condition, CM @RISK shall provide prompt written notice to TOWN of such condition, which notice shall not be later than seven (7) days after such condition has been encountered. CM @RISK shall, to the extent reasonably possible, provide such notice before the Differing Site Condition has been substantially disturbed or altered. 6.3. Errors, Discrepancies and Omissions. 6.3.1. If the CM @RISK observes errors, discrepancies or omissions in the CONTRACT DOCUMENTS, he shall promptly notify the Design Professional and request clarification. 6.3.2. If the CM @RISK proceeds with the work affected by such errors, discrepancies or omissions, without receiving such clarifications, he does so at his own risk. Adjustments involving such circumstances made by the CM @RISK prior to clarification by the Design Professional shall be at the CM @RISK's risk. 6.4. TOWN Requested Change in WORK. 6.4.1. The TOWN reserves the right to make, at any time during the progress of the WORK, such alterations as may be found necessary or desirable. 6.4.2. Such alterations and changes shall not invalidate this AGREEMENT nor release the surety and the CM @RISK agrees to perform the WORK as altered, the same as if it has been a part of the original CONTRACT DOCUMENTS. Page 25 of 58 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL COMPLEX PROJECT NO. 99 -095 A CONSTRUCTION SERVICES PHASE 6.4.3. The TOWN will request a proposal for a change in WORK from CM @RISK, and an adjustment in the CONTRACT PRICE and /or CONTRACT TIMEs shall be made based on a mutual agreed upon cost and time. 6.5. Legal Requirements. 6.5.1. The CONTRACT PRICE and /or CONTRACT TIME shall be adjusted to compensate CM @RISK for the effects of any changes in the Legal Requirements enacted after the date of the AGREEMENT or the date of the GMP, affecting the performance of the WORK 6.6. Change Directives and Change Orders. 6.6.1. TOWN and CM @RISK shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for a Change Directive. Upon reaching an AGREEMENT, the parties shall prepare and execute an appropriate Change Order reflecting the terms of the adjustment. 6.6.2. All changes in WORK authorized by Change Orders shall be performed under the conditions of the CONTRACT DOCUMENTS 6.7. Minor Changes in the WORK 6.7.1. The TOWN has authority to order minor changes in WORK that do not materially and adversely affect the WORK, including the design, quality, performance and workmanship required by the CONTRACT DOCUMENTS. Such changes shall be affected by written order and shall be binding on the TOWN and CM @RISK. The CM @RISK shall carry out such written orders promptly. 6.7.2. CM @RISK may make minor changes in WORK, provided, however that CM @RISK shall promptly inform TOWN, in writing, of any such changes and record such changes, if appropriate, on the PROJECT Record Documents maintained by CM @RISK. 6.7.3. Minor changes in WORK will not involve an adjustment in the CONTRACT PRICE and /or CONTRACT TIMEs. 6.8. CONTRACT PRICE Adjustments 6.8.1. The increase or decrease in CONTRACT PRICE resulting from a change in the WORK shall be determined by one or more of the following methods: 6.8.1.1. Unit prices set forth in the AGREEMENT or as subsequently agreed to between the parties; 6.8.1.2. A mutually accepted, lump sum, properly itemized and supported by sufficient substantiating data to permit evaluation by TOWN; and 6.8.1.3. Costs, fees and any other markups. 6.8.2. The markups that shall be allowed on such changes shall be no greater than the markups delineated in the approved GMP as shown on Exhibit B. Page 26 of 58 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL COMPLEX PROJECT NO. 99 -095 A CONSTRUCTION SERVICES PRASE 6.8.3. If an increase or decrease cannot be agreed to as set forth in items .1 through .3 above and TOWN issues a Change Directive, the cost of the change of the WORK shall be determined by the reasonable expense and savings in the performance of the WORK resulting from the change, including a reasonable overhead and profit, as may be set forth in the AGREEMENT. CM @RISK shall maintain a documented, itemized accounting evidencing the expenses and savings associated with such changes. 6.8.4. If unit prices are set forth in the CONTRACT DOCUMENTS or are subsequently agreed to by the parties, but application of such unit prices will cause substantial inequity to TOWN or CM @RISK because of differences in the character or quantity of such unit items as originally contemplated, such unit prices shall be equitably adjusted to the mutual agreement of both Parties. 6.8.5. If TOWN and CM @RISK disagree upon whether CM @RISK is entitled to be paid for any services required by TOWN, or if there are any other disagreements over the scope of WORK or proposed changes to the WORK, TOWN and CM @RISK shall resolve the disagreement pursuant to Article 8 hereinbelow. 6.8.5.1. As part of the negotiation process, CM @RISK shall furnish TOWN with a good faith estimate of the costs to perform the disputed services in accordance with TOWN's interpretations. 6.8.5.2. If the parties are unable to agree and TOWN expects the CM @RISK to perform the services in accordance with TOWN's interpretations, CM @RISK shall proceed to perform the disputed services, conditioned upon TOWN issuing a written direction to CM @RISK (i) directing CM @RISK to proceed and (ii) specifying TOWN's interpretation of the services that are to be performed. 6.8.6. Emergencies. In any emergency affecting the safety of persons and /or property, CM @RISK shall act, at its discretion, to prevent threatened damage, injury or loss. Any change in the CONTRACT PRICE and /or CONTRACT TIME(s) resulting from emergency work under this Section 6.8.6 shall be determined as provided in this Article 6. 6.8.7. Use of Contingency 6.8.7.1. CM @RISK's Contingency 6.8.7.1.1. CM @RISK's Contingency will be carried as a single line item in the GMP for all site development and building construction. CM @RISK's Contingency will be a separate line item in each GMP package submitted to the Owner in an amount to be negotiated by the Owner and the CM @RISK with input from the Design Professional The CM @RISK's Contingency will be the last item in the GMP proposal table (as shown in Exhibit B) and will have no markups applied at the time of submission of the GMP proposal. 6.8.7.1.2. CM @RISK's Contingency will be used as required to cover the actual costs of procured or subcontracted items that exceed the costs estimated by the CM @RISK at the time of setting the GMP based on the GMP Drawings and Contract Documents available at the time of setting the GMP. CM @RISK's Contingency will be managed by the CM @RISK during the process of bidding and procurement of the elements of the Work, and the construction thereof. The CM @RISK shall inform the TOWN and draw from the CM @RISK's Contingency to cover the cost of subcontractor bids that exceed the GMP Budget for that subcontract item. The CM @RISK shall inform the TOWN before Page 27 of 58 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL COMPLEX PROJECT NO. 99 -095 A CONSTRICTION SERVICES PHASE drawing from the CM @RISK's Contingency to cover the cost of new line items that were reasonably found to be elements of the Work in the GMP Drawings and Contract Documents available at the time of setting the GMP but were not included in the original estimate or the GMP or for any item considered by the CM @RISK to be an improvement or upgrade of the Design. The CM @RISK shall not use the CM @RISK's Contingency to cover the costs of delays, rework of unacceptable or non - complying work, or for new items or improved quality, quantity or size of elements of the WORK that were reasonably foreseeable on the GMP Drawings and Contract Documents available at the time of setting the GMP or reasonably assumed or anticipated as an associated element of the Work represented on the GMP Drawing and Contract Documents available at the time of setting the GMP. The CM @RISK will document the use of the CM @RISK's Contingency funds by making the appropriate changes to the schedule of values with the next regular progress payment request by deducting the amount of contingency funds used from the contingency line item and adding the same amount to the line item on the Schedule of Values where the increased funds were used. If the CM @RISK's Contingency funds are used for a new line item that was not given with the original Schedule of Values, that will be so indicated. 6.8.7.1.3. The CM @RISK shall include the CM @RISK's reasonable O&P or "fee" in the CM @RISK's Contingency at the time of estimation and setting of the GMP 6.8.7.1.4. When all of the funds in the CM @RISK's Contingency are expended, the CM @RISK is then at risk to cover any additional increased in PROJECT costs as described in Article 5.0. 6.8.7.2. Owner's Contingency 6.8.7.2.1. Owner's Contingency will be used at the sole discretion of the Owner. At the time that the CM @RISK submits its GMP proposal to the Owner for approval, the Owner may add an additional amount to the sum of the GMP proposal for approval by Council to cover any increases in PROJECT costs that result from Owner directed changes or unforeseen site conditions. The total PROJECT cost approved by Council will be the sum of the CM @RISK's GMP proposals and the Owner's Contingency. 6.8.7.2.2. Owner's Contingency will be established and carried outside of the GMP and CONTRACT PRICE agreed to with the CM @RISK. If the Owner decides to utilize some of its contingency funds, that amount will be added to the CM @RISK's CONTRACT PRICE through the Change Order process described in Subsection 6.4. 6.8.7.3 CM @RISK Contingency in Managed Allowances 6.8.7.3.1 The Contingency in an Allowance shall be carried as a single separate line item in the NTEC amount of the Allowance. Each Allowance shall have its own contingency and the contingency in one Allowance shall not be used for the costs in another Allowance without the prior approval of the Town and is to be documented by a Contract Change Order. 6.8.7.3.2. The Contingency in an Allowance will be used as required to cover the actual costs of procured or subcontracted items that exceed the costs estimated by the CM @RISK and the Design Professional at the time of setting the NTEC based on the Drawings, Contract Documents and assumptions available at the time of setting the NTEC. The CM @RISK will manage the Contingency as well as the estimated cost of the Page 28 of 58 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL. COMPLEX PROJECT NO. 99 -095 A CONSTRUCTION SERVICES PHASE Work during the process of bidding and procurement of the elements of the Work, and the construction thereof. The CM @RISK will expend the estimated cost of the Allowance before drawing from the contingency, but the CM @RISK shall inform the TOWN and maintain a documented record of each item in an Allowance that exceeds or is less than the estimated cost. When the estimated cost is expended, the CM @RISK may draw from the Contingency to cover the cost of outstanding Work defined as being in the Scope of Work covered by the Allowance. The CM @RISK shall inform the TOWN of items that vary substantially from those defined in Drawings and Contract Documents at the time of setting the NTEC, or of changes in assumptions or requirements that differ from those known at the time of setting the NTEC, new line items that were reasonably found as elements of the Work in the Drawings and Contract Documents available at the time of setting the NTEC but were not included in the original estimate of the cost of the Allowance or for any item considered by the CM @RISK to be an improvement or upgrade of the Design or definition or Scope of Work on which the NTEC for the Allowance was based. The CM @RISK shall not use the Contingency to cover the costs of delays, rework of unacceptable or non - complying work, or for new items or improved quality, quantity or size of elements of the WORK that were reasonably foreseeable on the Drawings and Contract Documents available at the time of setting the NTEC or reasonably assumed or anticipated as an associated element of the Work represented on the Drawing and Contract Documents available at the time of setting the NTEC without the prior notification and approval of the Town. The CM @RISK will document the use of the Contingency by making the appropriate changes to the Schedule of Values with the next regular progress payment request by deducting the amount of contingency funds used from the contingency line item and adding the same amount to the line item on the Schedule of Values where the increased funds were used. If the Contingency funds are used for a new line item that was not given with the original Schedule of Values, that will be so indicated. Use of Contingency shall be identified by association with a directive or Contract Change Order. ARTICLE 7- PROCEDURE FOR PROGRESS PAYMENT 7.0 For and in consideration of the faithful performance of the WORK herein embraced as set forth in the CONTRACT DOCUMENTS, which are a part hereof and in accordance with the directions of the TOWN and to It's satisfaction, the TOWN agrees to pay said CM @RISK the actual cost of the WORK and any applicable costs for general conditions, insurance, bonding, and taxes plus the CM @RISK's construction fee, but no more than the GMP and for the Approved Allowances as adjusted by any Contract Change Orders. Payment for the specific WORK under this AGREEMENT will be made in accordance with payment provisions detailed below. 7.1. Progress Payment Request 7.1.1. At the Pre- Construction Conference prescribed in Subsection 2.4, CM @RISK shall submit for the Design Professional's and TOWN's review and approval a Schedule of Values. The Schedule of Values will serve as the basis for monthly progress payments made to CM @RISK throughout the duration of the WORK. 7.1.2. At least seven (7) calendar days prior to the date established for a Progress Payment submittal, the CM @RISK shall meet with the Design Professional and the TOWN's Representative to review the status of the WORK as it will be reflected on the CM @RISK's Progress Payment Request. Page 29 of 58 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL COMPLEX PROJECT NO. 99 -090 A CONSTRUCTION SERVICES PHASE 7.1.3. The CM @RISK's Progress Payment Request shall constitute CM @RISK's representation that the WORK has been performed consistent with the CONTRACT DOCUMENTS, has progressed to the point indicated in the CM @RISK's Progress Payment Request, and that title to all WORK will pass to TOWN free and clear of all claims, liens, encumbrances, and security interests upon the incorporation of the work into the PROJECT. 7,1.4. The CM @RISK's Progress Payment Request may request payment for equipment and materials not yet incorporated into the PROJECT if construction progress is in reasonable conformance with the approved schedule. 7.1.4.1. For equipment and materials suitably stored at the Site, the equipment and materials shall be protected by suitable insurance and TOWN shall receive the equipment and materials free and clear of all liens and encumbrances. 7.1.4.2. For materials and equipment stored off the Site, the TOWN must approve the storage site and condition of storage. The material and equipment must be stored within Pima County and be accessible for Owner's physical inspection. Title to such materials and equipment protects the TOWN's interest and shall include applicable insurance, bonding, storage and transportation to the Site. 7.1.4.3. All bonds and insurance require for stored materials shall be provided by the CM @RISK and shall be in the TOWN's name. 7.1.5. CM @RISK shall submit to the Design Professional and the TOWN on the monthly anniversary of the construction Notice To Proceed beginning with the first month after the construction Notice To Proceed, CM @RISK's Progress Payment Request. 7.1.6. With every CM @RISK's Progress Payment Request the CM @RISK shall attach an updated PROJECT Schedule and a PROJECT Report giving a current summary of all Work completed, Financial Status as a Cost Report Section, Safety, to be utilized during construction of the PROJECT and the amount of work performed through the end date of the applicable CM @RISK's Progress Payment Request. The Report must be attached for all projects including projects with zero (0) goals and when no work was done during the time period of the CM @RISK's Progress Payment Request. Failure to submit the updated Schedule, the Project Report, shall be reason to reject the CM @RISK's Progress Payment Request. 7.2. Payment of CM @RISK's Progress Payment Request 7.2.1. TOWN shall make payment in accordance with the requirements of A.R.S. 34 -607. Payment will be made no later than fourteen (14) calendar days after the CM @RISK Payment Request is certified by the Design Professional and approved or after receipt of a revised CM @RISK's Progress Payment Request if the submittal is found to be in error, but in each case less the total of payments previously made, and less amounts properly retained under Section 7.3 hereinbelow. 7.2.2. TOWN shall pay CM @RISK all amounts properly due. If the Design Professional or the TOWN determines that CM @RISK is not entitled to all or any part of a CM @RISK's Progress Payment Request as submitted, it will notify CM @RISK in writing within seven (7) calendar days after the date CM @RISK's Progress Payment Request is received by the TOWN. The notice shall indicate the specific amounts TOWN intends to withhold, the reasons and contractual basis for the withholding, and the specific measures CM @RISK must take to rectify TOWN's concerns. CM @RISK, the Design Page 30 of 58 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL COMPLEX PROJECT NO. 99 -095 A CONSTRUCTION SERVICES PHASE Professional and TOWN will attempt to resolve the Design Professional and TOWN's concerns. If the parties cannot resolve such concerns, CM @RISK may pursue its rights under the CONTRACT DOCUMENTS, including those under Article 8 hereinbelow. 7.3. Retention on CM @RISK's Progress Payment Request 7.3.1. TOWN will retain ten percent (10 %) of each CM @RISK's Progress Payment Request amount provided, however, that when fifty percent (50 %) of the value of the original GMP and Contract Change Order WORK has been completed by CM @RISK, upon request of the CM @RISK, TOWN may reduce the amount retained to five percent (5 %) from CM @RISK's subsequent CM @RISK's Progress Payment Requests if the CM @RISK's performance of work has been satisfactory. Additionally, if the CM @RISK's performance of work has been satisfactory, the TOWN may reduce the amount previously retained from ten percent (10 %) to five percent (5 %) of the value of the original GMP and Contract Change Order WORK completed to date. 7.3.2. In lieu of retention, the CM @RISK may provide as a substitute, an assignment of time certificates of deposit (CDs) from a bank licensed by Arizona, securities guaranteed by the United States, securities of the United States, the State of Arizona, Arizona counties, Arizona municipalities, Arizona school districts, or shares of savings and loan institutions authorized to transact business in Arizona. 7.3.2.1. CDs assigned to the TOWN must be maintained at the TOWN's single servicing bank, in the form of time deposit receipt accounts. 7.3.2.2. Securities deposited in lieu of retention must be deposited into a separate account with a bank having a branch located in the TOWN of Marana 7.3.2.3. CDs and Securities shall be assigned exclusively for the benefit of the Town of Marana pursuant to the TOWN's form of escrow Agreement. 7.4. Substantial Completion. Upon Substantial Completion of the entire WORK or, if applicable, any portion of the WORK, TOWN may at it's sole determination, release to CM @RISK all retained amounts relating, as applicable, to the entire WORK or completed portion of the WORK, less an amount up to two and one half times (2.5) the reasonable value of all remaining or incomplete items of WORK as noted in the Certificate of Substantial Completion. 7.5. Final Payment 7.5.1. After receipt of a Final CM @RISK's Progress Payment Request, TOWN shall make final payment 60 days after the receipt by the TOWN of the Final CM @RISK'S Progress Payment Request certified by the Design Professional and approved by the TOWN, provided that CM @RISK has completed all of the WORK in conformance with the CONTRACT DOCUMENTS and a Final Acceptance Letter has been issued by the TOWN. 7.5.2. At the time of submission of its final CM @RISK's Progress Payment Request, CM @RISK shall provide the following information: 7.5.2.1. an affidavit that there are no claims, obligations or liens outstanding or unsatisfied for labor, services, material, equipment, taxes or other items performed, furnished or incurred for or in connection with the WORK which will in any way affect TOWN's interests; Page 31 of 58 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL COMPLEX PROJECT NO. 9 -095 A CONSTRUCTION SERVICES PHASE 7.5.2.2. a general release executed by CM @RISK waiving, upon receipt of final payment by CM @RISK, all claims, except those claims previously made in writing to TOWN and remaining unsettled at the time of final payment; and 7.5.2.3. Consent of CM @RISK's surety, if any, to final payment. 7.6. Progress Payments To Subcontractors or Suppliers 7.6.1. CM @RISK shall pay its Subcontractors or suppliers within seven (7) calendar days of receipt of each Progress Payment from the TOWN. The CM @RISK shall pay for the amount of work performed or materials supplied by each Subcontractor or supplier as accepted and approved by the TOWN with each Progress Payment. In addition, any reduction of retention by the TOWN to the CM @RISK shall result in a corresponding reduction to Subcontractors or suppliers who have performed satisfactory work. CM @RISK shall pay Subcontractors or suppliers the reduced retention within fourteen (14) calendar days of the payment of the reduction of the retention to the CM @RISK. No Contract between CM @RISK and its Subcontractors and suppliers may materially alter the rights of any Subcontractor or supplier to receive prompt payment and retention reduction as provided herein. 7.6.2. If the CM @RISK fails to make payments in accordance with these provisions, the TOWN may take any one or more of the following actions and CM @RISK agrees that the TOWN may take such actions: 7.6.2.1. to hold the CM @RISK in default under this AGREEMENT; 7.6.2.2. withhold future payments including retention until proper payment has been made to Subcontractors or suppliers in accordance with these provisions; 7.6.2.3. reject all future offers to perform work for the TOWN from the CM @RISK for a period not to exceed one year from Substantial Completion date of this PROJECT; or 7.6.2.4. terminate this AGREEMENT. 7.6.3. If CM @RISK's payment to a Subcontractor or supplier is in dispute, CM @RISK and Subcontractor or supplier agree to submit the dispute to any of one of the following dispute resolution processes within fourteen (14) calendar days from the date any party gives notice to the other: (a) binding arbitration; (b) a form of alternative dispute resolution (ADR) agreeable to all parties or (c) a TOWN of Marana facilitated mediation. When disputed claim is resolved through ADR or otherwise, the CM @RISK and Subcontractor or supplier agree to implement the resolution within seven (7) calendar days from the resolution date. 7.6.4. Should the TOWN fail or delay in exercising or enforcing any right, power, privilege, or remedy under this Article, such failure or delay shall not be deemed a waiver, release, or modification of the requirements of this Article or of any of the terms or provisions thereof. 7.6.5. CM @RISK shall include these prompt payment provisions in every subcontract, including procurement of materials and leases of equipment for this AGREEMENT. 7.7. Record Keeping and Finance Controls Page 32 of 58 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL. COMPLEX PROJECT NO. 99 -095 A CONSTRUCTION SERVICES PRASE 7.7.1. Records of the CM @RISK's direct personnel payroll, reimbursable expenses pertaining to this PROJECT and records of accounts between the TOWN and CM @RISK shall be kept on a generally recognized accounting basis. 7.7.2. The TOWN, its authorized representative, and /or the appropriate federal agency, reserve the right to audit the CM @RISK's records to verify the accuracy and appropriateness of all pricing data, including data used to negotiate CONTRACT DOCUMENTS and any and all Contract Change Orders. 7.7.3. The TOWN reserves the right to decrease CONTRACT PRICE and /or payments made on this AGREEMENT if, upon audit of the CM @RISK's records, the audit discloses the CM @RISK has provided false, misleading, or inaccurate cost and pricing data. 7.7.4. The CM @RISK shall include a similar provision in all of its agreements with Subconsultants and Subcontractors providing services under the CONTRACT DOCUMENTS to ensure the TOWN, its authorized representative, and /or the appropriate federal agency, has access to the Subconsultants' and Subcontractors' records to verify the accuracy of cost and pricing data. 7.7.5. The TOWN reserves the right to decrease CONTRACT PRICE and /or payments made on this AGREEMENT if the above provision is not included in Subconsultant's and Subcontractor's contracts, and one or more Subconsultants and /or Subcontractors do not allow the TOWN to audit their records to verify the accuracy and appropriateness of pricing data. ARTICLE 8 CLAIMS AND DISPUTES 8.0 Requests for CONTRACT Adjustments and Relief. 8.1.1. If either CM @RISK or TOWN believes that it is entitled to relief against the other for any event arising out of or related to work, such party shall provide written notice to the other party of the basis for and details of its claim for relief. 8.1.2. Such notice shall, if possible, be made prior to incurring any cost or expense and in accordance with any specific notice requirements contained inapplicable sections of this AGREEMENT. 8.1.3. In the absence of any specific notice requirement, and in addition to any specific notice requirements required by the Contract Documents or applicable legal requirements, written notice shall be given within a reasonable time, not to exceed twenty -one (21) calendar days, after the occurrence giving rise to the claim for relief or after the claiming party reasonably should have recognized the event or condition giving rise to the request, whichever is later. 8.1.4. Such notice shall include sufficient information to advise the other party of the circumstances giving rise to the claim for relief, the specific contractual adjustment or relief requested and the basis of such request. 8.2. Dispute Avoidance and Resolution 8.2.1. The parties are fully committed to working with each other throughout the PROJECT and agree to communicate regularly with each other at all times so as to avoid . or minimize disputes, or disagreements. If disputes or disagreements do arise, Page 33 of 58 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL COMPLEX PROJECT NO. 99 -095 A CONSTRUCTION SERVICES PHASE . CM @RISK and TOWN each commit to the other Party to resolving such disputes or disagreements in an amicable, professional and expeditious manner so as to avoid unnecessary claims, 'losses, delays and disruptions to the work. 8.2.2. CM @RISK and TOWN will first attempt to resolve disputes or disagreements at the field level through discussions between CM @RISK's Representative and TOWN's Representative. 8.2.3. If a dispute or disagreement cannot be resolved through CM @RISK's Representative and TOWN's Representative within fourteen (14) calendar days, the situation shall be escalated to the CM @RISK's Senior Representative and TOWN's Senior Representative, who shall meet within fourteen (14) calendar days to attempt to resolve such dispute or disagreement. Prior to any meetings between the Senior Representatives, the parties will exchange relevant information that will assist the parties in resolving their dispute or disagreement. 8.3. Duty to Continue Performance Unless provided to the contrary in the CONTRACT DOCUMENTS, CM @RISK shall continue to perform the work and TOWN shall continue to satisfy its payment obligations to CM @RISK, pending the final resolution of any dispute or disagreement between the Parties. 8.4. Representatives of the Parties 8.4.1. TOWN's Representatives . 8.4.1.1. TOWN designates the individual listed below or his designee as its Senior Representative ( "TOWN's Senior Representative "), which individual has the authority and responsibility for avoiding and resolving disputes under Subsection 8.2.3: Mike Reuwsaat, Town Manager 13251 North Lon Adams Road Marana, AZ 85653 -9723 8.4.1.2. TOWN designates the individual listed below as its TOWN's Representative, which individual has the authority and responsibility set forth in Subsection 8.2.2: Tim Allen, Manager of Construction 3696 West Orange Grove Road Tucson, AZ 85741 8.4.2. CM @RISK's Representatives 8.4.2.1. CM @RISK designates the individual listed below or his designee as its Senior Representative ( "CM @RISK's Senior Representative "), which individual has the authority and responsibility for avoiding and resolving disputes under Division 8.2.3: David K. Bradley, Vice President 3220 East Harbor Drive Phoenix, AZ 85034 -7226 8.4.2.2. CM @RISK designates the individual listed below as its CM @RISK's • Representative, which individual has the authority and responsibility set forth in Division Page 34 of 58 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL COMPLEX PROJECT NO. 99 -095 A CONSTRUCTION SERVICES PHASE 8.2.2: Marc Thompson, Project Manager 3220 East Harbor Drive Phoenix, AZ 85034 -7226 8.5 Mediation: If a dispute or disagreement cannot be resolved through CM @RISK's Senior Representative and TOWN's Senior Representative, then both Parties agree, upon the request of either party, to present the dispute or disagreement to a selected Mediation Board for resolution. 8.5.1.1 The Mediation Board shall consist of one (1) Member selected by CM @RISK, one (1) Member selected by TOWN, and the third Member selected from within Pima County by those two Members. 8.5.1.2 The Board Members shall be selected and the Board established no later than thirty (30) calendar days after either or both parties express the admission of inability to reach mutual and independent agreement and the formal termination of discussion between the CM's Senior Representative and TOWN's Senior Representative. 8.5.2 The Mediation Board shall have the initial meeting not later than fourteen (14) calendar days after establishment of the Board, and thereafter shall meet as agreed necessary at the initial meeting to attempt to resolve such dispute or disagreement in a timely and expeditious manner. 8.5.3 Prior to any meetings, both the Parties will provide each Member of the Mediation Board with all known relevant information that will assist the Mediation Board in resolving the dispute or disagreement. 8.5.4 Both Parties agree to provide further information as requested by the Mediation Board to each Member of the Mediation Board in a timely manner. 8.5.5 The Mediation Board shall reach agreement and recommend fair and equitable resolution of the claim or dispute to all Parties. 8.5.6 The recommendation of the Mediation Board shall not be binding on any Party, and either, both or all Parties shall maintain the right to disagree with the finding and recommended solution and maintain the right to not accept or be bound by the recommended solution and maintain the right to seek a satisfactory solution by other means as provided by law. 8.5.7 Any and all reasonable and substantiated costs incurred by members of the Mediation Board shall be borne, in equal shares, by the parties entering into mediation to resolve the claim, or dispute including any third parties participating in the mediation proceedings by reason of claims of indemnity, or otherwise. 8.6 Arbitration 8.6.1 If any and all Parties do not accept and agree to abide by the resolution recommended by the Mediation Board then each and all Parties maintain the right to invite the other Party(s) to resolve the claim or dispute by proceeding to arbitration. Page 35 of 58 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARA A MUNICIPAL COMPLEX PROJECT NO. 99 -095 A CONSTRUCTION SERVICES PHASE 8.6.1.1. If Mediation fails to produce a satisfactory resolution to any Party, then all Parties hereby agree to proceed to resolve the claim or dispute by arbitration when the amount in dispute for any one claim or dispute is Twenty -Five Thousand Dollars and No /100 ($25,000.00) or less; therefore, arbitration is mandatory for all parties and sole legal recourse for claims or disputes that do not exceed Twenty -Five Thousand Dollars and Noll 00 ($25,000.00). 8.6.1.2. This does not apply to Liquidated Damages that are applied to days in excess of the Contract Time or where Work continues beyond the date of End of Contract unless the Liquidated Damages apply to days involved in a dispute or claim that could, if found in favor of the Contractor, cause those days to be added to the Contract Time or as to extend contract time beyond the date of End of Contract and the amount of Liquidated Damages or part thereof to be reduced or dismissed. 8.6.1.3. Parties may agree to proceed to submit to arbitration to resolve claims or disputes in excess of Twenty -Five Thousand Dollars and No /100 ($25,000.00) but that do not exceed the maximum amount proscribed at the time of filing for Arbitration, (currently limited to a maximum of One Hundred Thousand and No /100 Dollars ($100,000.00), only if all Parties agree in writing, and if all parties agree in writing that the results of such arbitration, including findings and awards, shall be binding on all Parties. 8.6.1.4. Parties having a claim, adjustment or dispute for an amount in excess of the jurisdictional amounts set forth hereinabove may waive or abandon the dollar amount of any such claim in excess of the jurisdictional amount so as to bring the claim, adjustment or dispute within the scope and coverage provided, however, that the amount allowed to any such party by the arbitration panel shall not exceed such jurisdictional amount. 8.6.1.5. If the invitation to proceed to voluntary arbitration is rejected, or if no Party proceeds to invite any other Party to seek resolution of a claim or dispute in excess of Twenty -Five Thousand Dollars and No /100 ($25,000.00)through arbitration, then the Parties may proceed to resolve the claim or dispute by any means legal and available. 8.6.2 If the Parties agree to proceed with resolution of the claim or dispute by arbitration, then all Parties also agree that the arbitration shall be binding upon the Parties. 8.6.3 If the Parties elect to proceed with arbitration, all arbitration proceedings arising under this Subsection shall be conducted in the Town of Marana, Pima County, Arizona, at a location mutually agreed upon by the arbitrating parties. 8.6.4 If the contractor elects to invoke arbitration, the contractor shall file a Request for Arbitration in writing with the Engineer of the Agency against which the arbitration is filed. 8.6.5 Such Request for Arbitration shall be made within thirty (30) calendar days measured from actual receipt of the admission in writing of any Party to the failure to reach agreement through mediation or by notice in writing of any Party to the unacceptability of the finding or recommendation of the Mediation Board. 8.6.6 The scope of the arbitration proceeding shall be restricted and limited to the matters presented to the Engineer or authorized representative upon which the decision or determination was made and shall include no other matters. 8.6.7 All arbitrations arising under this Subsection shall be conducted by an arbitration Page 36 of 58 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL COMPLEX PROJECT NO. 99 -095 A CONSTRUCTION SERVICES PHASE panel consisting of the following members: 8.6.7.1 One arbitrator selected by the TOWN. If the TOWN is an arbitrating party, such arbitrator shall not be a Town employee, but may be a contract consultant employed by the TOWN on projects other than the project giving rise to the arbitration. 8.6.7.2 One arbitrator selected by the CM from the local contracting community. Such arbitrator shall not be an employee or agent of the CM. 8.6.7.3 One non - voting member mutually acceptable to the arbitrating parties. This individual shall be an attorney duly licensed to practice law in the State of Arizona, who is not an employee, agent or contract counsel to any party to the arbitration proceedings. 8.6.7.4 The non - voting attorney member of the arbitration panel shall act as moderator of the arbitration proceedings. 8.6.8 The procedure for arbitration shall be in accordance with the current Construction Industry Arbitration Rules of the American Arbitration Association, with the following amendments 8.6.8.1 The arbitrator shall not be employed by the American Arbitration Association, but shall instead be the panel described in paragraph 105 -19.D (5) set forth above. 8.6.8.2 Parties to an arbitration proceeding shall be entitled to a reasonable discovery period and all parties shall cooperate in producing requested documents, files and other records and papers relevant to the claim being arbitrated and in giving testimony by way of deposition, affidavits, or otherwise as may be reasonably requested. 8.6.8.3 In addition to the methods and procedures for discovery set forth in the current Construction Industry Arbitration Rules of the American Arbitration Association, arbitrations occurring pursuant to these Standard Specifications shall be entitled to any and all discovery methods and procedures set forth in the Arizona Rules of Civil Procedures, Rules 26 through 37. 8.6.8.4 The non- voting attorney member of the arbitration panel shall have the discretion to determine whether or not discovery requests are reasonable and relevant. 8.6.9 Within thirty (30) calendar days after a Request for Arbitration is filed, a party against whom a claim has been filed may assert a claim for indemnification against a third party as a matter of right and without requesting leave of the arbitration panel or the party filing the Request for Arbitration. After the thirty day period, a party against whom a claim has been filed may assert a claim for indemnification against a third party only upon consent of the party filing the Request for Arbitration or upon order of the arbitration panel. 8.6.10 Fees charged and costs incurred by members of the arbitration panel shall be borne, in equal shares, by the parties arbitrating the claim, including any third parties participating in the arbitration proceedings by reason of claims of indemnity, or otherwise. 8.6.11 Any award rendered by the arbitration panel in a binding arbitration shall be final and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. Page 37 of 58 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL COMPLEX PROJECT NO. 99 -095 A CONSTRUCTION SERVICES PHASE 8.7 Location of Actions; 8.7.1 Mediation, Arbitration, and any other action arising from dispute resolution shall be conducted in the Town of Marana, Pima County, Arizona. 8.7.2 Litigation shall be conducted in the Superior Court of Pima Country. ARTICLE 9 — SUSPENSION AND TERMINATION 9.0 TOWN's Right to Stop Work 9.1.1. TOWN may, at its discretion and without cause, order CM @RISK in writing to stop and suspend the WORK. Said Order shall be delivered by certified mail to the CM @RISK's Senior Representative with a returned receipt required. Such suspension shall not exceed one hundred and eighty (180) consecutive calendar days. 9.1.2. CM @RISK may seek an adjustment of the CONTRACT PRICE and /or CONTRACT TIME if its cost or time to perform the WORK has been adversely impacted by any suspension or stoppage of WORK by TOWN. 9.2. Termination for Convenience 9.2.1. Upon receipt of written notice to CM @RISK, TOWN may, at its discretion and without cause, elect to terminate this AGREEMENT. Such written Notice shall constitute immediate termination. Said Notice shall be delivered by certified mail to the CM @RISK's • Senior Representative with a returned receipt required. In such event, TOWN shall pay CM @RISK only the direct value of its completed WORK and materials supplied but not yet incorporated into the Work as of the date of termination and other reasonable costs and expenses attributable to such termination. CM @RISK shall be entitled to profit and overhead on completed and acceptable WORK only, but shall not be entitled to anticipated profit or anticipated overhead. 9.2.2. If the TOWN suspends the WORK for one hundred and eighty one (181) consecutive calendar days or more, such suspension shall be deemed a Termination for Convenience and the costs of Termination shall be according to Subsection 9.2.1 hereinabove 9.3. TOWN's Right to Perform and Terminate for Cause 9.3.1. If the TOWN provides the CM @RISK with a written order to provide adequate maintenance of traffic, adequate cleanup, adequate dust control or to correct deficiencies or damage resulting from abnormal weather conditions, and the CM @RISK fails to comply in a time frame specified in the written order, the TOWN may have work accomplished by other sources solely at the CM @RISK's expense. 9.3.2. If CM @RISK persistently fails to (i) provide a sufficient number of skilled Workers, (ii) supply the materials required by the CONTRACT DOCUMENTS, (iii) comply with applicable Legal Requirements, (iv) timely pay, without cause, Subconsultants and /or Subcontractors, (v) prosecute the WORK with promptness and diligence, day to date, to ensure that the WORK is completed by the CONTRACT TIME, as such times may be adjusted, or (vi) perform material obligations under the CONTRACT DOCUMENTS, then TOWN, in addition to any other rights and remedies provided in the Page 38 of 58 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL. COMPLEX PROJECT NO. 99 -095 A CONSTRUCTION SERVICES PHASE CONTRACT DOCUMENTS or by law, shall have the rights set forth in Subsections 9.3.3 and 9.3.4 hereinbelow. 9.3.3. Upon the occurrence of an event set forth in Subsection 9.3.2 hereinabove, TOWN may provide written notice to CM @RISK that it intends to terminate the AGREEMENT unless the problem cited is cured, or commenced to be cured, within seven (7) days of CM @RISK's receipt of such written notice. Said Notice shall be delivered by certified mail to the CM @RISK's Senior Representative with a returned receipt required. 9.3.3.1. If CM @RISK fails to cure, or reasonably commence to cure, such problem, then TOWN may give a second written notice to CM @RISK of its intent to terminate within an additional seven (7) day period. Said Notice shall be delivered by certified mail to the CM @RISK's Senior Representative with a returned receipt required. 9.3.3.2. If CM @RISK, within such second seven (7) day period, fails to cure, or reasonably commence to cure, such problem, then TOWN may declare the AGREEMENT terminated for default by providing written notice to CM @RISK of such declaration. 9.3.4. Upon declaring the AGREEMENT terminated pursuant to Subsection 9.3.3.2 hereinabove, TOWN may enter upon the premises and take possession thereof, for the purpose of completing the WORK, of all materials, equipment, scaffolds, tools, appliances and other items thereon, which have been purchased or provided for the performance of the WORK, all of which CM @RISK hereby transfers, assigns and sets over to TOWN for such purpose, and to employ any person or persons to complete the WORK and provide all of the required labor, services, materials, equipment and other items as required in the CONTRACT DOCUMENTS. 9.3.5. In the event of such termination, CM @RISK shall not be entitled to receive any further payments under the CONTRACT DOCUMENTS until the WORK shall be finally completed in accordance with the CONTRACT DOCUMENTS. At such time, the CM @RISK will only be entitled to be paid for work performed and accepted by the TOWN prior to its default. 9.3.6. If TOWN's cost and expense of completing the WORK exceeds the unpaid balance of the CONTRACT PRICE, then CM @RISK shall be obligated to pay the difference to TOWN. Such costs and expense shall include not only the cost of completing the WORK, but also losses, damages, costs and expense, including attorneys' fees and expenses, incurred by TOWN in connection with the reprocurement and defense of claims arising from CM @RISK's default. 9.3.7. If TOWN improperly terminates the AGREEMENT for cause, the termination for cause shall be converted to a termination for convenience in accordance with the provisions of Section 9.2. ARTICLE 10 - INSURANCE AND BONDS 10.0 Insurance Requirements • 10.1.1. Concurrently with the execution of this AGREEMENT, the CM @RISK shall furnish the TOWN of Marana a certificate(s) of insurance on a standard insurance Page 39 of 58 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL COMPLEX PROJECT NO. 99 -095 A CONSTRUCTION SERVICES PHASE industry ACORD form. The ACORD form shall be issued by an insurance company authorized to transact business in the State of Arizona, or one that is named on the List' of Qualified Authorized Insurers maintained by the Arizona Department of Insurance. 10.1.2. CM @RISK, Subcontractors and Subconsultants shall procure and maintain until all of their obligations have been discharged, including any warranty periods under this AGREEMENT are satisfied, insurance against claims for injury to persons or damage to property, which may arise from or in connection with the performance of the work hereunder by the CM @RISK, his agents, representatives, employees, or Subcontractors. 10.1.3. The insurance requirements herein are minimum requirements for this AGREEMENT and in no way limit the indemnity covenants contained in this AGREEMENT. 10.1.4. The TOWN in no way warrants that the minimum limits contained herein are sufficient to protect the CM @RISK from liabilities that might arise out of the performance of the CONTRACT Services under this AGREEMENT by the CM @RISK, his agents, representatives, employees, Subcontractors or Subconsultants and CM @RISK is free to purchase such additional insurance as may be determined necessary. 10.2. Minimum Scope and Limits of Insurance. CM @RISK shall provide coverage at least as broad and with limits of liability not less than those stated below. 10.2.1. Commercial General Liability- Occurrence Form (Form CG 0001, ed. 10/93 or any replacements thereof) General Aggregate /for this PROJECT $2,000,000/$1,000,000 Products- Completed Operations Aggregate $1,000,000 Personal & Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage (Any one fire) $50,000 Medical Expense (any one person) Optional 10.2.2. Automobile Liability -Any Auto or Owned, Hired and Non -Owned Vehicles (Form CA 0001, Ed 12/93 or any replacement thereof) Combined Single Limit Per Accident $1,000,000 For Bodily Injury and Property Damage 10.2.3. Workers Compensation and Employers Liability Workers Compensation Statutory Employers Liability: Each Accident $500,000 Disease - Each Employee $500,000 Disease - Policy Limit $500,000 10.2.4. Builders' Risk Insurance (Course of Construction) In an amount equal to the amount the GMP and amount for all subsequent modifications thereto. 10.3. Self- Insured Retentions. Any self- insured retentions and deductibles must be declared to and approved by the TOWN. If not approved, the TOWN may require that the insurer reduce or eliminate such self- insured retentions with respect to the TOWN, its officers, officials, agents, employees, and volunteers. Page 40 of 58 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL COMPLEX PROJECT NO, 9 -095 A CONSTRUCTION SERVICES PHASE 10.4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: 10.4.1. Commercial General Liability and Automobile Liability Coverages 10.4.1.1. The TOWN of Marana, its officers, officials, agents, and employees are additional Insureds with respect to liability arising out of activities performed by, or on behalf of, the CM @RISK including the TOWN's general supervision of the CM @RISK; products and completed operations of the CM @RISK; and automobiles owned, leased, hired, or borrowed by the CM @RISK. 10.4.1.2. The CM @RISK's insurance shall contain broad form contractual liability coverage and shall not exclude liability arising out of explosion, collapse, or underground property damage hazards (XCU) coverage. 10.4.1.3. The TOWN, its officers, officials, agents, and employees shall be additional Insureds to the full limits of liability purchased by the CM @RISK even if those limits of liability are in excess of those required by this AGREEMENT. The commercial general liability additional insured endorsement will be at least as broad as the Insurance Services Office, Inc.'s (ISO) additional insured, form B CG 20 10 11 85. 10.4.1.4. The CM @RISK's insurance coverage shall be primary insurance with respect to the TOWN, its officers, officials, agents, and employees. Any insurance or self- insurance maintained by the TOWN, its officers, officials, agents, and employees shall be in excess of the coverage provided by the CM @RISK and shall not contribute to it. 10.4.1.5. The CM @RISK's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 10.4.1.6. Coverage provided by the CM @RISK shall not be limited to the liability assumed under the indemnification provisions of this AGREEMENT. 10.4.1.7. The policies shall contain a waiver of subrogation against the TOWN, its officers, officials, agents, and employees, for losses arising from work performed by the CM @RISK for the TOWN. 10.4.2. Workers' Compensation and Employers Liability Coverage: The insurer shall agree to waive all rights of subrogation against the TOWN, its officers, officials, agents, employees, and volunteers for losses arising from work performed by the CM @RISK for the TOWN. 10.4.3. Builders Risk Insurance (Course of Construction) 10.4.3.1. Builders Risk Insurance shall be maintained until whichever of the following shall first occur: (i) final payment has been made; or, (ii) until no person or entity, other than the Town of Marana, has an insurable interest in the property required to be covered. 10.4.3.2. The builders' risk insurance shall be endorsed such that the insurance shall not be canceled or lapse because of any partial use or occupancy by the TOWN. 10.4.3.3. This insurance shall include as named Insureds, the TOWN of Marana, the CM @RISK, Subcontractors, Subconsultants and /or others with an insurable interest in the WORK. Page 41 of 58 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL. COMPLEX PROJECT NO. 99 -095 A CONSTRUCTION SERVICES'PHASE 10.4.3.4. This insurance shall be written on all risk, replacement cost basis and shall include, if specifically requested by the TOWN, coverage for flood and earthquake. 10.4.3.5. All rights of subrogation are hereby waived against the TOWN of Marana, its officers, officials, agents and employees. 10.4.3.6. Builders' Risk insurance must provide coverage from the time any covered property becomes the CM @RISK's responsibility, and continuing without interruption during construction, renovation, or installation, including any time during which the covered property is being transported to the construction installation Site, or awaiting installation, whether on or off site. 10.4.3.7. CM @RISK is responsible for payment of all deductibles under the builder's risk policy. Fifty percent (50 %) of said deductible shall be considered reimbursable costs of the WORK subject to the GMP. 10.5. Subconsultant's and Subcontractor's Insurance. CM @RISK's certificates shall include all Subcontractors and Subconsultants as Insureds under its policies or CM @RISK shall furnish to the TOWN separate certificates and endorsements for each Subcontractor and Subconsultant. All coverages for Subcontractors and Subconsultants shall be in the amounts shown in Section 10.2. 10.6. Notice of Cancellation. Each insurance policy required by the insurance provisions of this AGREEMENT shall provide the required coverage and shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice has been given, by certified mail, return receipt requested to: Town of Marana Public Works Department, CIP Design Construction Division 3696 W. Orange Grove Road Tucson, Arizona 85741 10.7. Acceptability of Insurers. Insurance is to be placed with insurers duly licensed or approved unlicensed companies in the State of Arizona and with an A. M. Best rating of no less than A -. The TOWN in no way warrants that the above required minimum insurer rating is sufficient to protect the CM @RISK from potential insurer insolvency. 10.8. Verification of Coverage 10.8.1. CM @RISK shall furnish the TOWN Certificates of Insurance (ACORD form or equivalent approved by the TOWN) and with original endorsements effecting coverage as required by this AGREEMENT. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Any policy endorsements that restrict or limit coverages shall be clearly noted on the certificate of insurance. 10.8.2. All certificates and endorsements are to be received and approved by the TOWN before commencement of WORK except for Builder's Risk Insurance which will be received and approved as provided in Division10.2.4. Each insurance policy required by this AGREEMENT must be in effect at or prior to the earlier of commencement of WORK under the CONTRACT DOCUMENTS or the signing of this AGREEMENT except for 0 Builder's Risk Insurance which must be in effect prior to commencement to work and Page 42 of 58 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL COMPLEX PROJECT NO. 99 -095 A CONSTRUCTION SERVICES PRASE remain in effect for the duration of the PROJECT. Failure to maintain the insurance policies as required by this AGREEMENT or to provide evidence of renewal is a material breach of CONTRACT. 10.8.3. All certificates of insurance required by this AGREEMENT shall be sent directly to the Town of Marana, Public Works, CIP Design Construction Division. The PROJECT number and PROJECT description shall be included on the Certificates of Insurance. The TOWN reserves the right to require complete, certified copies of all insurance policies required by this AGREEMENT, at any time. 10.9. Approval. 10.9.1. Any modification or variation from the insurance requirements in this AGREEMENT shall be approved by the Town Attorney, whose decision shall be final. Such action will not require a formal Contract amendment, but may be made by administrative action. 10.10. Bonds and Other Performance Security. 10.10.1. Prior to execution of this AGREEMENT, the CM @RISK must provide a Performance Bond and a Labor and Materials Payment Bond; each Bond shall be in an amount equal to the full amount of the GMP and Allowances set forth in Exhibits B and C in this AGREEMENT. 10.10.2. Each such bond shall be executed by a surety company or companies holding a Certificate of Authority to transact surety business in the state of Arizona, issued by the Director of the Arizona Department of Insurance. A copy of the Certificate of Authority shall accompany the bonds. The Certificate shall have been issued or updated within two years prior to the execution of this AGREEMENT. 10.10.2.1. Personal or individual bonds are not acceptable. 10.10.3. The bonds shall be made payable and acceptable to the Town of Marana. 10.10.4. The bonds shall be written or countersigned by an authorized representative of the surety who is either a resident of the state of Arizona or whose principal office is maintained in this state, as by law required, and the bonds shall have attached thereto a certified copy of Power of Attorney of the signing official. 10.10.4.1. If one Bond and Power of Attorney is submitted for the GMP and the Allowances at the time of execution of this Contract, it shall be for twice the total GMP and Allowance amounts. (One representing the Performance Bond for the Total Amount, and one representing the Payment Bond for the Total Amount.) 10.10.4.2. If a separate Bond and Power of Attorney for the Performance Bond and for the Payment Bond are submitted, each shall be for the total amount of the GMP and Allowance at the time of execution of this Contract. (One representing the Performance Bond for the Total Amount, and one representing the Payment Bond for the Total Amount.) 10.10.4.3. If the amount of the total Contract Amount is changed in either the GMP, Allowances known at the time or if additional Allowances other than those known at the time of execution of this Contract are added to the Work, then the total amount of the Bonding shall be modified to reflect the total Contract amount, so that twice the amount of Page 43 of 58 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL COMPLEX PROJECT NO. 99 -095 A CONSTRUCTION SERVICES PHASE the Total Contract Amount is maintained as the value of the Bonding. 10.10.5. Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the CONTRACT DOCUMENTS, the CM @RISK shall promptly furnish a copy of the bonds or shall permit a copy to be made. 10.10.6. All bonds submitted for this PROJECT shall be provided by a company which has been rated "A- or better" by the A.M. Best Company. ARTICLE 11 - INDEMNIFICATION 11.0 CM@RISK's General Indemnifications. 11.1.1. CM @RISK agrees to indemnify and save harmless the Town of Marana, its officers, agents and employees, and any jurisdiction or agency issuing permits for any work included in the PROJECT, their officers, agents and employees, hereinafter referred to as indemnitee, from all suits, including attorney's fees and cost of litigation, actions, loss, damage, expense, cost or claims of any character or any nature arising out of the work done in fulfillment of the terms of the CONTRACT DOCUMENTS or on account of any act, claim or amount arising or recovered under Workmen's Compensation Law or arising out of the failure of the CM @RISK to conform to any statutes, ordinances, regulation, law or court decree. It is agreed that the CM @RISK will be responsible for primary loss investigation, defense and judgment costs where this CONTRACT of indemnity applies. 11.1.2. If an employee of CM @RISK, Subconsultants, Subcontractors, anyone employed directly or indirectly by any of them or anyone for whose acts any of them may be liable has a claim against TOWN, its officers, directors, employees, or agents, CM @RISK's indemnity obligation set forth in Section 11.1 above shall not be limited by any limitation on the amount. ARTICLE 12 — GENERAL PROVISIONS 12.0 General Provisions 12.1 CONTRACT DOCUMENTS 12.1.1. CONTRACT DOCUMENTS are as defined in Article 1. This AGREEMENT, GMP Plan Set, Standard Specifications and Details, Special Provisions, Addenda (if any) and used as the basis for the Guaranteed Maximum Price Proposal and Guaranteed Maximum Price Proposal, as accepted by the Mayor and Council per Council Minutes 16th day of September, 2003, Performance Bond, Payment Bond, Certificates of Insurance, Construction Documents and Change Orders (if any) are by this reference made a part of this AGREEMENT to the same extent as if set forth herein in full. 12.1.2. The CONTRACT DOCUMENTS are intended to permit the parties to complete the WORK and all obligations required by the CONTRACT DOCUMENTS within the CONTRACT TIMEs for the CONTRACT PRICE. The CONTRACT DOCUMENTS are intended to be complementary and interpreted in harmony so as to avoid conflict, with words and phrases interpreted in a manner consistent with construction and design industry standards. Page 44 of 5 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL COMPLEX PROJECT NO. 99 -095 A CONSTRUCTION SERVICES PRASE 12.1.3. In the event of any inconsistency, conflict, or ambiguity between or among the CONTRACT DOCUMENTS, the CONTRACT DOCUMENTS shall take precedence in the order in which they are listed in the definition of CONTRACT DOCUMENTS in Article 1. On the drawings, given dimensions shall take precedence over scaled measurements and large scale drawings over small -scale drawings. 12.1.4. The headings used in this AGREEMENT or any other CONTRACT DOCUMENTS, are for ease of reference only and shall not in any way be construed to limit or alter the meaning of any provision. 12.1.5. The CONTRACT DOCUMENTS form the entire AGREEMENT between TOWN and CM @RISK and by incorporation herein are as fully binding on the parties as if repeated herein. No oral representations or other AGREEMENTs have been made by the parties except as specifically stated in the CONTRACT DOCUMENTS. 12.2. Amendments. The CONTRACT DOCUMENTS may not be changed, altered, or amended in any way except in writing signed by a duly authorized representative of each party. 12.2.1 It is anticipated at the time of Execution of Agreement that an Amendment or Amendments will be made to add a CM managed Allowance for FF &E, an Allowance for Special Systems, and an Allowance for Audio Visual Systems to the Scope of Work of this Agreement. 12.3. Time is of the Essence. TOWN and CM @RISK mutually agree that time is of the essence with respect to the dates and times set forth in the CONTRACT DOCUMENTS. 12.4. Mutual Obligations. TOWN and CM @RISK commit at all times to cooperate fully with each other, and proceed on the basis of trust and good faith, to permit each party to realize the benefits afforded under the CONTRACT DOCUMENTS. 12.5. Cooperation and Further Documentation. The CM @RISK agrees to provide the TOWN such other duly executed documents as shall be reasonably requested by the TOWN to implement the intent of the CONTRACT DOCUMENTS. 12.6. Assignment. Neither CM @RISK nor TOWN shall, without the written consent of the other assign, transfer or sublet any portion of this AGREEMENT or part of the WORK or the obligations required by the CONTRACT DOCUMENTS. 12.7. Successorship. CM @RISK and TOWN intend that the provisions of the CONTRACT DOCUMENTS are binding upon the parties, their employees, agents, heirs, successors and assigns. 12.8. Third Party Beneficiary. Nothing under the CONTRACT DOCUMENTS shall be construed to give any rights or benefits in the CONTRACT DOCUMENTS to anyone other than the TOWN and the CM @RISK, and all duties and responsibilities undertaken pursuant to the CONTRACT DOCUMENTS will be for the sole and exclusive benefit of TOWN and the CM @RISK and not for the benefit of any other party. 12.9. Governing Law. The AGREEMENT and all CONTRACT DOCUMENTS shall be deemed to be made under, and shall be construed in accordance with and governed by i the laws of the State of Arizona without regard to the conflicts or choice of law provisions Page 45 of 58 CONSTRUCTION MANAGER AT RISK FOR TOXIN OF MARANA MUNICIPAL. COMPLEX PROJECT NO. 99 -095 A CONSTRUCTION SERVICES PHASE thereof. Any action to enforce any provision of this CONTRACT or to obtain any remedy with respect hereto shall be brought in the Superior Court, Pima County, Arizona, and for this purpose, each party hereby expressly and irrevocably consents to the jurisdiction and venue of such Court. 12.10. Severability. If any provision of the CONTRACT DOCUMENTS or the application thereof to any person or circumstance shall be invalid, illegal or unenforceable to any extent, the remainder of the CONTRACT DOCUMENTS and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law. 12.11. Compliance with Federal Laws. CM @RISK understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to it. The CM @RISK agrees to comply with these laws in performing the CONTRACT DOCUMENTS and to permit the TOWN to verify such compliance. 12.12. Legal Requirements. CM @RISK shall perform all WORK in accordance with all Legal Requirements and shall provide all notices applicable to the WORK as required by the Legal Requirements. 12.13. It is not the CM @RISK's responsibility to ascertain that the Construction Documents are in accordance with applicable laws, statutes, ordinances, building codes, rules and regulations. However, if the CM @RISK recognizes that portions of the Construction Documents are at variance therewith, the CM @RISK shall promptly notify the Design Professional and TOWN in writing, describing the apparent variance or deficiency. 12.14. Independent CONTRACTOR. The CM @RISK is and shall be an independent CONTRACTOR. Any provisions in the CONTRACT DOCUMENTS that may appear to give the TOWN the right to direct the CM @RISK as to the details of accomplishing the WORK or to exercise a measure of control over the WORK means that the CM @RISK shall follow the wishes of the TOWN as to the results of the WORK only. These results shall comply with all applicable laws and ordinances. 12.15. TOWN's Right Of Cancellation. All parties hereto acknowledge that this AGREEMENT is subject to cancellation by the TOWN of Marana pursuant to the provisions of Section 38 -511, Arizona Revised Statutes. 12.16. Survival. All warranties, representations and indemnifications by the CM @RISK shall survive the completion or termination of this AGREEMENT. 12.17. Covenant against Contingent Fees. The CM @RISK warrants that no person has been employed or retained to solicit or secure this AGREEMENT upon an AGREEMENT or understanding for a commission, percentage, brokerage, or contingent fee, and that no member of the TOWN Council, or any employee of the TOWN of Marana has any interest, financially, or otherwise, in the firm. For breach or violation of this warrant, the TOWN of Marana shall have the right to annul this AGREEMENT without liability, or at its discretion to deduct from the CONTRACT PRICE or consideration, the full amount of such commission, percentage, brokerage, or contingent fee. 12.18. No Waiver. The failure of either party to enforce any of the provisions of the CONTRACT DOCUMENTS or to require performance of the other party of any of the provisions hereof shall not be construed to be a waiver of such provisions, nor shall it Fags 46 of 58 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL COMPLEX PROJECT NO. 99 -095 A CONSTRUCTION SERVICES PHASE affect the validity of the CONTRACT DOCUMENTS or any part thereof, or the right of either party to thereafter enforce each and every provision. 12.19. Notice. Whenever the CONTRACT DOCUMENTS require that notice be provided to the other party, notice will be deemed to have been validly given (i) if delivered in person to the individual intended to receive such notice, (ii) three ( 3) days after the date of the postmark of deposit by first class United States mail, registered or certified mail, postage prepaid to the address indicated below or (iii) if transmitted by facsimile, by the time stated in a machine generated confirmation that notice was received at the facsimile number of the intended recipient. To TOWN: Mr. Farhad Moghimi, PE, Town Engineer Public Works Department 3693 West Orange Grove Road Tucson, Arizona 85741 Fax Number 520 297 -2930 To CM @RISK: David Bradley, Vice President D. L. Withers L.C. 3220 East Harbor Drive Phoenix, AZ 85034 -7226 Fax Number 602 438 -9600 To Design Professional: Curt Ench, Principal Durrant 2980 N. Campbell Ave. Suite 130 Tucson, Arizona 85719 Fax Number 520 318 -4234 Copy to: Tim Allen, Manager of Construction CIP Design and Construction Division Public Works Department 3696 West Orange Grove Road Tucson, Arizona 85741 Fax Number 520 297 -1265 12.20. Equal Opportunity /Affirmative Action 12.20.1. The CM @RISK shall not discriminate against any worker, employee or applicant, or any member of the public, because of race, color, religion, gender, national origin, age or disability nor otherwise commit an unfair employment practice. The CM @RISK will take affirmative action to ensure that applicants are employed, and employees are dealt with during employment, without regard to their race, color, religion, gender or national origin, age or disability. Such action shall include but not be limited to the following: employment, promotion, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship as well as all other labor organizations furnishing skilled, unskilled and union labor, or who may perform any such labor or services in connection with this AGREEMENT. The CM @RISK further agrees that this clause will be incorporated in all subcontracts, job - consultant contracts of this CONTRACT entered into by the CM @RISK. 12.20.2. The Town of Marana extends to each individual, firm, vendor, supplier, Contractor, and Subcontractor an equal economic opportunity to compete for TOWN business and strongly encourages voluntary utilization of Disadvantaged and /or Minority -owned or Woman -owned business to reflect both the industry and community ethnic composition. Page 47 of 58 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL COMPLEX PROJECT NO. 99 -095 A CONSTRUCTION SERVICES PHASE 12.20.3. The following two paragraphs apply to the CM RISK named herein and shall @ appear in all contracts between the CM @RISK and any and all Subcontractors who are employed on this PROJECT. The CM @RISK further agrees that the two paragraphs will be incorporated in all subcontracts with all labor organizations furnishing skilled, unskilled and union labor, or who may perform any such labor or services in connection with this CONTRACT. "Any Party (Subcontractor), in performing under this CONTRACT, shall not discriminate against any worker, employee or applicant, or any member of the public, because of race, color, religion, gender, national origin, age or disability nor otherwise commit an unfair employment practice. The Party (Subcontractor) will take affirmative action to ensure that applicants are employed, and employees are dealt with during employment without regard to their race, color, religion, gender or national origin, age or disability. Such action shall include, but not be limited to the following: employment, promotion, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training; including apprenticeship." The CM @RISK further agrees that the above two paragraphs will be incorporated in all subcontracts and in all Agreements with all labor organizations furnishing skilled, unskilled and union labor, or any others who may perform or provide any such labor or services in connection with this CONTRACT. 12.21. Confidentiality Of Plans & Specifications 12.21.1. Any plans or specifications you receive regarding this PROJECT are for official use only. You may not share them with others except as required to fulfill the obligations of your CONTRACT with the TOWN. 12.21.2. All Record Documents, Shop Drawings and other plans or drawings prepared or submitted by the CM @RISK shall include the following language: "Per TOWN of Marana Ordinance G -4396, these plans are official use only and may not be shared with others except as required to fulfill the obligations of your CONTRACT with the TOWN of Marana". 12.22. CM @RISK and Subcontractor Employee Security Inquiries. The parties acknowledge that security measures required in this Section are necessary in order to preserve and protect the public health, safety and welfare. In addition to the specific measures set forth below, CM @RISK shall take such other measures as it deems reasonable and necessary to further preserve and protect the public health, safety and welfare. 12.22.1. Security Inquiries CM @RISK acknowledges that all of the employees that it provides pursuant to this AGREEMENT shall be subject to background and security checks and screening ( "Security Inquiries "). CM @RISK shall perform all such security inquiries and shall make the results available to TOWN for all employees considered for performing work (including supervision and oversight) under this AGREEMENT. TOWN may make further security inquiries. Whether or not further security Inquires are made by TOWN, TOWN may, at its sole, absolute and unfettered discretion, acceptor reject any or all of the employees proposed by CM @RISK for performing work under this AGREEMENT. Employees rejected by TOWN for performing services under this Page 48 of 58 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL COMPLEX PROJECT NO. 99 -095 A CONSTRUCTION SERVICES PHASE AGREEMENT may still be engaged by CM @RISK for other work not involving the TOWN of Marana. An employee rejected for work under this AGREEMENT shall not be proposed to perform work under other TOWN Contracts or engagements without TOWN's prior approval. 12.22.2. Criteria for Evaluating Security Inquiries Once formally adopted by TOWN, criteria for excluding an individual from performing work under this AGREEMENT shall be communicated by TOWN to CM @RISK and used by CM @RISK as a factor in making its decision. Prior to such adoption, CM @RISK shall use its best judgment in making its decision using, among other criteria, applicable law, administrative regulations of federal, state and local agencies concerned with work performed under this AGREEMENT, specific local concerns that deal with the specific work and work location(s) of the PROJECT, and standards used by TOWN in evaluating its own personnel. 12.22.3. Additional TOWN Rights Regarding Security Inquiries In addition to the foregoing, TOWN reserves the right to: (1) have an employee /prospective employee of CM @RISK be required to provide fingerprints and execute such other documentation as may be necessary to obtain criminal justice information pursuant to A.R.S. § 41- 1750(G)(4); (2) act on newly acquired information whether or not such information should have been previously discovered; (3) unilaterally change its standards and criteria relative to the acceptability of CM @RISK's employees and /or prospective employees; and, (4) object, at any time and for any reason, to an employee of CM @RISK performing work (including supervision and oversight) under this AGREEMENT. 12.22.4. Terms of This Provision Applicable to all of CM(a Contracts and Subcontracts CM @RISK shall include the terms of this provision for employee background and security checks and screening in all Contracts and Subcontracts for work performed under this AGREEMENT, including supervision and oversight. 12.22.5. Materiality of Security Inquiry Provisions The Security Inquiry provisions of this AGREEMENT, as set forth above, are material to TOWN's entry into this AGREEMENT and any breach thereof by CM @RISK may, at TOWN's option, sole and unfettered discretion, be considered to be a breach of CONTRACT of sufficient magnitude to terminate this AGREEMENT. Such termination shall subject CM @RISK to liability for its breach of CONTRACT. 12.23. Hazardous Materials 12.23.1. Unless included in the WORK, if the CM @RISK encounters onsite material which he reasonably believes to contain asbestos, polychlorinated biphenyl (PCB), or other hazardous substances or materials regulated by Public Health Laws, he shall immediately stop work and report the condition to the TOWN. 12.23.2. If the material is found to contain asbestos, PCB or other hazardous substances or materials regulated by Public Health Laws, the CM @RISK shall not resume work in the affected area until the material has been abated or rendered harmless. The CM @RISK and the TOWN may agree, in writing, to continue work in non- affected areas onsite. 12.23.3. An extension of CONTRACT TIME may be granted in accordance with Article 6. 12.23.4. The CM @RISK will comply with all applicable laws /ordinances and regulations and take all appropriate health and safety precautions upon discovery. Page 49 of 58 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL COMPLEX PROJECT NO. 99 -095 A CONSTRUCTION SERVICES PHASE 1 12.24. Computer Systems CM @RISK shall warrant fault free performance in the processing of date and date - related data including, but not limited to calculating, comparing, and sequencing by all equipment and software products, individually and in combination, from the commencement of the work. Fault free performance shall include the manipulation of data when dates are in the 20 or 21 centuries and shall be transparent to the user. Failure to comply with "Year 2000" requirements shall be considered a breach of CONTRACT. 12.25. Traffic Control CM @RISK will comply with all provisions of the Town of Marana and the MUTCD, Centennial Edition, and any other traffic control provisions as may be provided in the technical specifications. 12.26. Site Office and Facilities for TOWN. 12.26.1. CM @RISK shall provide an office on site, in addition to the CM and subcontractor needs, that shall be solely for the use of the Town, the Design Professional, and for general meetings. 12.26.2. The Towns Site Office shall include a central meeting room capable of seating twelve (12) persons , and be minimally furnished with serviceable table and chairs, and a phone with the capability of teleconferencing, and two separate offices each having two work places, furnished with a desk, two chairs, and a duplex power outlet within reach of each station. 12.26.3. The central meeting room shall have a table or tables capable of seating twelve (12) persons, and chairs for twelve (12) persons. 12.26.4. The Two offices shall be separated from each other and from the central conference room by a lockable door. 12.26.5. The CM @RISK shall have heating, cooling and other environment conditioners, lighting, power and water. 12.26.6. The CM @RISK shall provide access to fax facilities at the site. 12.26.7. The CM @RISK shall provide sanitary facilities proximal to the facilities. 12.26.8. The CM @RISK shall provide cleaning as needed but not less than twice a week, and maintenance as needed on the facility until the facility is no longer occupied or used by the Town. 12.26.9. Maintenance shall also include minor maintenance such as replacement of light bulbs and other consumable items. Page 50 of 58 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL COMPLEX PROJECT NO. 99 -095 A CONSTRUCTION SERVICES PHASE EXHIBIT i A—PROJECT DESCRIPTON The Town of Marana Municipal Complex will consist of a new building and site improvements of an approximately twenty -acre site (see Appendix A) proximal to the existing Marana Town Hall located at 13251 N. Lon Adams Road in Marana, Arizona. The site will be developed with access roads, on -grade parking, landscaping, hardscaping, underground utilities and other such work. The new building will consist of approximately 102,820 square feet of conditioned space under roof and approximately 10,860 square feet of exterior balcony and developed circulation. . The design concept has two separate wings, one wing having two sections; one section, Courts, with one story, and one section, Department of Public Safety (Police) Police, with two stories; the second wing will have three stories and will house the Council Chambers, Mayor, Council, Town Manager, Assistant Town Manager, the Town of Marana Municipal Departments, including Department Directors, and staff. The Tucson office of Durrant Architects is designing the facility, currently in the final development stage. The Municipal Complex is being designed within the greater context of developing a defined Urban Core - Village Center that integrates the Municipal Complex, Ora Mae Harn Park, and the surrounding area designated as the Northwest Marana Area. The approximate total budgeted Project cost for the Municipal Complex including site development, and Allowances for FF &E, Special Systems and other Work, is Twenty -Three Million Dollars ($23,000,000) with an estimated construction cost of Eighteen Million Four Hundred Thousand Dollars ($18,400,000). The Owner proposes to use a Construction Manager at Risk method to deliver the Project complete. • Page 51 of 58 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARA A MUNICIPAL COMPLEX PROJECT NO. 99 -095 A CONSTRUCTION SERVICES PHASE PROPOSAL OF • Page 52 of 58 N O A ~ to $ o ao m — fA m- . 4 . v o cli R O _ .o N ll 0 w 64 6s w c d E E m E a O E Cl) .0 - N to (O M M t. U> W J IL O L) N N J. � j a r 04 Cl) CO d LL O M N m O - N Z E!) 0 O IL � V w N- N N_ Vl N (A N V1 N w M N UJ U O O O w 8 Q W N O N (O O N N O oci M aD 00 I co V- 3 O t- N y. N O' - - N c Z cc 0° c o o Z m a' awc o �0 ca >@ rn a o' o o o' y c z Z U U! d M a uj a U v o Z m r A O m O W W z y O mz I, — p y Q wz Q (a Q H xo ++ o oD O 0 -i. d W m Z m a o .. fn - t C - a`m' I � D. L. WITHERS CONSTRUCTION MANAGEMENT GMP #1 PROJECT DATA - REV. # 13 Marena Municipal Complex REV. DATE: 08/21103 113,674 #REF! ORIGINAL DATE. 10/24/02 20.00 ACRE SITE - ESTIMATE BY Scott Brotherson TOTAL PROJECT RECAP CSI ITEM DESCRIPTION BUDGET COST PER PERCENT BLDG SF OF TOTAL 1050 SURVEY 45,000 0.40 0.25% 1400 TESTING & INSPECTION owner 0.00 0.00% 2280 TERMITE TREATMENT 6,766 0:06 0.04 2700 SITE UTLITIES - 438,210 3.85 2.40% - 2900 LANDSCAPING 481,675 4.24 2.64% 2200 EARTHWORK 198,500 1.75 1.09% 2500 ASPHALT PAVING 231,854 2.04 1.27% 2580 PAVEMENT MARKINGS 12,642 0.11 0.07% 3300 SITE CONCRETE 703,750 6.19 3.86%u 3300 BUILDING CONCRETE 763,803 6.72 4.19 °l0 4200 MASONRY 422,862 3.72 2.32 STONE 1,370,953 12.06 7.52% 5100 STRUCTURAL STEEL 1,758,796 15.47 9.64% 6100 ROUGH CARPENTRY 15,000 0.13 0.08% 6200 MILLWORK/CASEWORK 544,795 4.79 2.99% 7200 INSULATION 141,660 1.25 0.78% 7500 ROOFING 157,066 1.38 0.86 METAL ROOFING 96,690 0.85 0.53 SPECIALTY METALS 139,620 1.23 0.77% 7900 CAULKING& SEALANTS 32,000 0.28 0.18% 12000 HOLLOW METAL DOORS &FRAMES 99,800 0.88 0.55 93000 WOOD DOORS 51,050 0.45 0.28% FINISH HARDWARE 89,600 0.79 0.49% INSTALL DOORS & HARDWARE 21,760 0.19 0.12% UNLOAD & DISTRIBUTE 4,940 0.04 0.03 % OVERHEAD DOORS 55,000 0.48 0.30% FIREPROOFING 0 0.00 0.00% 8800 GLASS & GLAZING 447,032 3.93 2.45 STUCCO 406,523 3.58 2.23% 9250 DRYWALL 977,548 8.60 5.36/ 9900 PAINT 190,266 1.67 1.04% 9500 ACOUSTICAL CEILINGS 37,379 0.33 0.20 9680 FLOORING 451,517 3.97 2.48% 10800 TOILET PARTITIONS & ACCESSORIES 25,875 0.23 0.14 10650 MARK & TACKBOARDS 12,000 0.11 0.07% - 7700 ROOF ACCESSORIES 3,750 0.03 0.02% EXPANSION CONTROL 24,000 0.21 0.13% PROJECTION SCREENS 139,250 1.22 0.76% FLAGPOLES 7,500 0.07 0.04% BULLET CONTROL 2,500 0.02 0.01 FIRE EXTINGUISHERS 5,000 0.04 0.03% OPERABLE WALLS 37,080 0.33 0.20 SIGNAGE 0 0.00 0.00 14000 ELEVATORS 253,000 2.23 1.39 15000 HVAC 1,665,706 14.65 9.13% 15400 PLUMBING 385,367 3.39 2.11 15300 FIRE SUPRESSION SYSTEM 120,120 1.06 0.66% 16000 ELECTRICAL 1,545,680 13.60 8.47% SPECIAL SYSTEM 0 0.00 0.00 GENERAL CONDITIONS 842,121 7.41 4.62% BUILDERS RISK INSURANCE 19,623 0.17 0.11 LIABILITY INSURANCE 47,095 0.41 0.26% PERFORMANCE AND PAYMENT BONDS 126,822 9.12 0.70 CONTINGENCY 800,000 7.04 4.39% FEE 697,707 6.14 3.82 SALES TAX 1,088,4231 9.571 5.97% TOTAL CONCEPTUAL BUDGET 1 18,242,6741 141.85 100.0 Marana Municipal Complex Marana, Arizona GMP #1 ORIGINAL EST,O TE: 31850 PROJECT DATA REVISION: 13 DETAILED BUILDING COMPONENT ESTIMATE/TAKEOFF DATE 31854 .113874 - - - BY Scdl9mlMrean zo SITEWORK - ON -SITE, PHASE 1 FIIENAME _NZI mom MAW. UNIT - UNIT UNT L"T taw I WIM bw SURVEY 2,010 SURVEY i LS 45,000.00 0 a - 0 45,000 45,000 TOTALSURVEY 0 0 0 45,000 45, SITE UTILITIES - WATER LINE, DOMESTIC 1,300 LF 45.00 0 0 0 58,500 58,500 FIRELINE 2,072 LF 40.00 0- 0 0 .82,880. 82,880 STORMDRAIN 2,890 LF 50.00 0 0 0 144,500 144,500 COURTYARD STORMDRAIN 1,250 LF 40.00 0. 0 0 50,000 50,000 SEWER 1,290 LF 27.00 0 - 0 0 34,830 34,830 DRYWELL 9 EA 7,500.00 0 0 0 67,500 67,500 TOTAL SITE UTILITIES 0 0 0 438,210 438A10 LANDSCAPING 8 IRRIGATION 2.280 IRRIGATION - 871,200 SF 0.25 0 0 0 217,800 217,800 2,280 48" BOX TREES - _ 21 EA - 750.00 0 0 0. - - 15,750- - 15 2.- 24" BOX TREES 317 EA 400,00 0 0 0 - 126,800 126,800 2.M 18 -20' PALMS - 12 EA 2,500.00 0 0 0 . 30,000 30,000 2.280 15 GALLON - 100 EA 100.00 0 0 0 10,000 10,000 TURF - 141,100 SF 0.25 0 0 - 0 35,276 - 35,275 GRASSCRETE 22,050 SF - 1.00 0 - 0 0 22,050 22,050 WILDFLOWER MIX - 120,000 SF 0.20 0 0 0 24,000 24,000 TOTAL LANDSCAPING 8: IRRIGATION 0 0 - 0 481,675 461,615 EARTHWORK 2;200 FILL 12,000 CY 5.00 - 0 0 - 0 - 60,000 60,000 2.200 OVEREXC & RECOMPACT 4,000 CY 3.00. 0 0 0 - 12,000 12,000 2,200 FINE GRADING - - 10,000 CY 2.00 - 0 0 0 20,000 20,000 EXPORT - 12,000 CY .2.00 0 0 0 24,000 24,000 CURB CUTS 11,500 LF 1.00 0 0 - - 0 - 11,500 11,500 GROUTED RIP RAP 11,000 SF - 6.00 0 0 0 66,000 - 66,000 SWPP 1 LS. 2,500.00 0 0 - 0 2500: 2,500. 2. RAFFIC CONTROUBARRICADES 1 LS - - - 2,500.00 0 0 0 -. 2,500 2,500 - TAL EAR TNWORK 0 1) 0 198,500 <' 198 ASPHALT PAVING 2.SOO 3" ON 6° F15324 Y 11.50 0 0 0 - 78,614 78,614 2.500 2" ON 4" Y 10.00. - 0 0 0 - 153,240 153,240 TOTAL ASPHALT PAVING 0 0 0 237$54 231,854 PAVEMENT MARKINGS - 2.500 STRIPING 467 SPCS 22,00 0 0 0 .10,142 10,142 SIGNAGE 1 LS 2,500.00 0 0 0 2,500 2,500 TOTAL PAVEMENT MARKINGS 0 0 0 12 SITE CONCRETE ZUB CURB & GUTTER 11,500 LF 12.00 0 0 0 - 138,000 138,000 2.200 4" SIDEWALK. 79,640 SF - 2.00 0 0 - 0- 158,280 159,280 2.200 7 " FIRE LANE - 73,660 SF 4.50 - 0 0 0 331,470 331,470 2.200 7" GRASSCRETE 0 SF 8.00 - 0 0 - 0 - 0 0 2.- SANDSTONE ACCENTS. 4,200 SF 15.00 0 0 - 0 63,000 63,000 2;525 LIGHTPOLE BASES 30 EA 400.00 - 0 - - - 0 0 - 12,000 - 12,000 TOTAL SITE CONCRETE 0 0 `' 0 703,150 703,750 FLAGPOLES. - - - FLAGPOLES, 30 & 40 FT, _ 3 EA .2,500.00 11 0 - - 0 7,500 7,500 0 0 - 0 U 0 TOTALPLAGPOLES 0 0 0 7,500 7,500 ELECTRICAL LIGHT POLES 30 EA 1,500.00 0 0 0. 45,000 45,000 SECONDARY POWER 250 LF .35.00 - 0 0 0 8,750 . 8,750 - . 0 0 0 0. 0 TOTAL ELECTRICAL 0 0:' 0 53,750 7 8377 AMIL SUBTOTAL 0 0 0 2,172 881 2172 881 ERAL CONDITIONS I LS 0.00 0 0 0. 0 - 0 BUILDING PERMIT OWNER LS 0 0 - - 0 - 0 0 - PLAN CHECK FEE OWNER LS 0 0- 0 0 0 OFFSITE PERMITS OWNER LS 0 0 0 0 0 DEVELOPMENT FEES, WATER /FIRE OWNER - LS - 0 0 0 0 0 DEVELOPMENT: FEES, SEWER - OWNER LS - 0 - 0 0 0 0 WATER METER FEES, 1 - 2" TURBO METER OWNER LS 0 0 0 0 0 Marana Municipal Complex Marana, Arizona GMP #1 ORIGINAL EST DATE V65 PROJECT DATA - - - REVISM. 13 ^^a�^�wmwc°w_ DETAILED BUILDING COMPONENT ESTIMATE /TAKEOFF DATE: 3185. N33T4 - - 8Y: Swil Brobcreon p SITEWORK - ON -SITE, PHASE 1 Amok i3w uaa UM UMT 1.w 1 TESTING ALLOW - OWNER LS 0 0 0 0 0 UTILITY COMPANY FEES OWNER LS 0 0 0 0 0 BUILDERS RISK INSURANCE 1 LS 2,75537 0 0 0 2,755 2,755 LIABILITY INSURANCE 1 LS _ 6,612.88 0 0 0 6,613 6,613 PERFORMANCE & PAYMENT BOND 1 LS 16 - 0 0 0 16,165 16,165 CONTINGENCY 1 LS 0.00 0 0 0 - 0 0 SUB- CONTRACTOR BONDS - 0. 0 0 0 0 SUBTOTAL 0 0 0 .414 2`196,4 4 CONTRACTORS FEE 1 LS 97,968.54 0 0 0 - 97,969 97,969 SUB TOTAL 0 0 0 2,298,383 2,296 343 SALES TAX 1 1 IS 152,830.92. 0 - 0 0 152,831 .152,831 TOTAL 0 0 0 2,449,214 2,449,214' RP D. L. WITHERS Martina Municipal Complex CO CONSTRI:,.:IGN MANAGEMENT Marana, Arizona GMP #1 ORDINAL EST. DAM: 3]854 PROJECT DATA - REw18 r 13 Marana Municipal Complex DETAILED BUILDING COMPONENT ESTIMATE /TAKEOFF - oarE: 37364 122,659 SQUARE FEET BY scm8.� 20ACRES MUNICIPAL COMPLEX FILE NAME: nccp23 Ate. ..,m - iA1ULf 7 2 77 UNIT UNIT UMT UNIT ww 'I" want to BLDG CONCRETE 2.360 SPREAD FOOTINGS, 12'X12'X3' 160 EA 350.00 0 0 0 56,000 56,000 CONTINOUS FOOTINGS, 5'X2' - - 2,500 LF 20.00 - 0 0 0 ' - 50,000 50,000 CONTINOUS 12" WALL 14,760 SF 14.00 0 0 0 206,640 - 206,640 4" SLAB ON GRADE 48,328 SF 2.00 - 0. 0 0 96,656 - - 96,656 2.360 3 -112' CONCRETE ON 3" DECK 57,842 SF 4.00 - 0 0 0 - 231,368 - : 231,368 STAIR PANS 308 EA 65.00 0 - 0 0 20,020 20,020 2.3. ELEVATOR PITS 3 EA 2,500.00 0 0 0 7,500 7,500 .3,000 PIPE BOLLARDS 20 EA 65.00 0 0 0 1,300 - 1 ; 300 3,000 24" CONCRETE WALL AT COUNCIL 1,215 SF 25.00 0 0 0 30,375 - 30,375 TOTAL BLDG CONCRETE 0 0 0 699,859 699,659 STONE _ EXTERIOR STONE 28,953 SF 18.50. 6.00 535,631 173,718 0 - 0 .709,349 INTERIOR STONE 6,150 SF 18.50 6.00 193,775 36,900 0 - - 0 150,675 TOTAL STONE 649,406 210,618 0 0 <' 860,024' 4000 MASONRY 8" ELEVATOR PIT WALLS - 3,668 SF 5.50 0 0 - 0 2Q 174 - 20,174 8" WALLS AT JAIL AREA _ 5,180 SF - 6.50 0 0 0. 33,670 33,670 8" SHEAR WALLS 16,772 SF 6.50 0 0 0 - 109,018 109,018 8" EXTERIOR COLUMNS 25,440 SF - - - 6.50 0 0 - - : 0 165,360 165,360 TOTAL MASONRY 0' 0 0 "328,222 ' 328,222; soao STRUCTURAL STEEL - - - - e,- STEEL FRAMING - 107,228 SF f0.00 0 0 0 1,072,280 1,072,280 5.060 STAIR FRAMING - - 17 EA - 2,500.00 0 0 - - - 0 - 42,500 42,500 MONOLITHIC STAIR : 6 EA 5,000.00 0 0 0 30 30;000 STAIR D - 3 EA - .15;000.00 0 0 0 45,000 45,000 shoo CANOPY FRAMING - 9,538 SF - 10.00 0 0 0 95,380 95,380 s,sao MISC ITEMS 1 LS 240,000.00 0 0 0. 240 240,000 5;550 PIPE BOLLARDS - 20 EA 75.00 0 0 0. 1,500 .1,Soo ERIOR HANDRAILINGS, GLASS 400 LF 250.00 - 0 0 0 100,000. 100,000 6; ERIOR HANDRAILINGS, STAINLESS 0 LF 100.00 0 0 0 0 0 0. 0 0 0 0 TOTAL STRUCTUAL STEEL 0 0', 0 1826.660 1,626;6N e000 ROUGH CARPENTRY BLOCKING & BACKING 1 L8 15,000.00 0 - 0 0 15,000 15,000 TOTAL ROUGH CARPENTRY 0 0 0 15,000 15,000 SPECIALTY METAL PREFINISHED DECK CANOPIES 3,092 SF 15.00 0 0 0 46,380 - 46,380 LOBBY ZINC WALL - 2,520 SF 12.00 25.00 - 30,240 63,000 0 0 - .93,240. TOTAL SPECIALTY METAL 30,240 63,000 0 46,380 - 139,620 EXPANSION JOINTS - : - EXPANSION JOINTS - - 400 LF 60.00 0 0 0 - 24,000 - 24,000 TOTAL EXPANSION JOINTS '' 0 0' 0 24,000 24000 SINGLE PLY ROOFING - SINGLE PLY ROOFING ON 2" BOARD 48,328 SF 3.25 0 0: 0 - .157,066 157 TOTAL SINGLE PLY ROOFING 0 0 0 157,066 157 08B TERMITE. TREATMENT - TERMITE CONTROL 48,328 SF- 0.14 0 - - - 0 0 6,766 6,766 TOTAL TERMITE TREATMENT 0 0` 0 6 '6,186, STUCCO STUCCO EXTERIOR WALLS 79,916 SF - 4.00 0 - 0 0 319,664 319,664. STUCCO EXTERIOR WALLS FOR STONE APPLICATION . 28,953 SF - 3.00 0 0 - 0 86,859 86,859 TOTALSTUCCO 0 0 - 0 406,523 406,523 - - DRYWALL STRUCTURAL STUD WALL FRAMING AT EXTERIOR 55,977 SF 3.75 0 0 0 209,914 - 209,914 INTERIOR WALLS - 140,280 SF 3.00 0 0 0 .420,840 - - 420,840 SOFFITS- CLOUDS 13,293 SF 5.00 0 0 0- 66,465 66.465 SOFFITS 5,410 SF .2.00 0 0- 0 10,820 10,820 .SOFFITS -LIGHT WELLS 11,360 SF _ - 5,00 0 - 0 0 56,800 55,800 - PERFORATEDMETALCEILINGS - 5,949 - SF - 12.00 0 - 0 0 71,388 71,388 _ SPECIAL CEILINGS IN COURT, LOBBIES, COUNCIL CHAMBERf 9,050 - SF 6.00 0 - 0 0 54,300 - 54,300 H / L. WITHERS Marana Municipal Complex CO Fi CONS - RU I T MANAGEMENT Marana, Arizona GMP M7 ORIGINAL EST, DATE: 37864 PROJECT DATA - REVISION: -13 Marana Municipal COmpiex DETAILED BUILDING COMPONENTESTIMATE /TAKEOFF DATE: -37664 122,659 SQUARE FEET - BY swnBroNercan. 20ACRES ` MUNICIPAL COMPLEX - FILE NAME: ncrg23 ` c _ No'IE6 UNIT UNIT UNIT Uw Y941 bow TOTAL DRYWALL 0 0 0 890,527 890,527 PAINTIWALL COVERINGS - INTERIOR PAINT 325,622 SF 0.25 0 0 - 0 81,406 81;406 SPECIAL PAINT FOR EXPOSED CEILINGS 51,409 SF 0.50 0 0. 0 25,705 25,705 EXTERIOR PAINT 1 LS 5,000.00 - 0 0 0 5,000 5,000 WALL COVERINGS - 926 SY 25.00 ' 0 - - 0 0 23,156 23,156 DECK COATING 11,250 SF 4.00 0 - - 0 0 - 45,000 45,000 TOTAL PAOiT1WALL COVERINGS 0 0 0 t80 Y86 180,2" ACOUSTICAL CEILINGS. - 2X2 CEILING GRID 30,117 SF - 1.10 0 0 0 33,129 33,129 ACOUSTICAL WALL TREATMENT IN COUNCIL 850 SF - 5.00 0 0 0 4,250 4,250 TOTAL ACOUSTICAL CEILINGS - 0 : 0'. : 0 `.37,379 37,379 INSULATION UNDER ROOF 54,762. SF 0:85. - 0 0 0 - 46,548 46,548 UNDER FLOORS 55,920 SF - 0.85 0 0 - 0 47,532 47,532 EXTERIOR WALLS 55,977 SF 0.85 0 - 0. 0 47,580 47,580 TOTAL INSULATION 0 0 0 141,660 " 141,660 SEALANTS & CAULKING . - - SEAL & CAULK BUILDING 1 LS - 12,500.00 0 0 - - 0. 12,500 - 12,500 FIRE CAULKING 3,400 LF 5.00 0 0- - - 0 17;000 17,000 TOTAL SEALANTS & CAULKING 0 0 0 29,0 29,500 HOLLOW METAL DRS & FIRMS - - SINGLE FRAMES W /SIDELITE & TRANSOM 220 EA : 250.00 0 0 - 0. 55,000 55,000 LISLE FRAMES 18 EA . 225.00 0 - 0 0 4,050 4,050 L EQUIPMENT 12 EA 3,000.00 0 0 0 36,000 36,000 DOORS 38 EA - 125.00 0 0 0 - 4,750 4,750 TOTAL HOLLOW METAL DRS - &FRMS 0 , '. 0 ':99,8 99,800 WOOD DOORS WOOD DOORS 218 EA 225.00 0 0 - 0 49,050 49,050 CUSTOM WOOD DOORS 2 EA 1,000.00 0 0 0 2,000 .2 TOTAL WOOD DOORS 0 0- 0 51,030 51,050 FINISH HARDWARE MATERIAL - ALLOWANCE - 256 -EA 350.00 - 0 0 0 89,600 89,600 TOTAL FINISH HARDWARE 0 0 0 89,600 89,000 INSTALL DRS & HRDWR 1 256 1 EA 1 85.00- 0 0 o 21,760 21,760 TOTAL INSTALLDRS &HRDWR 0 0 0 21,760 21,760 UNLOAD & DISTRIBUTE UNLOAD &DISTRIBUTE 494 EA 10.00 0 0 0 4,940 4,940 TOTAL UNLOAD & DISTR. 0 0 91 4,940 4,940 OVERHEAD DOORS SALLYPORT DOORS 2 EA 2,500 00 0 0 0 5,000 5,000 - FIRE SHUTTERS 7. EA 5,000.00 0 0 - 0 35,000 _ 35,000 WON DOOR 1 EA - 15,000.00 0 - 0 0 15,000 15,000 TOTAL OVERHEAD DOORS 0' 0 :' ° 0 55,006 55;000 FIREPROOFING SPRAY FIREPROOFING 0 SF - 0.50 0 0 0 0 0 TAL'FIREPROOFING 0 9' 0 0 0 ROOF ACCESSORIES .ROOF HATCHES - 5 EA 750.00 0. 0 0 3,750 3,750. TOTAL R F ACCESSORIES 0 0` 0 3, 750 MARK & TACK !e CO D. 3 7 WITHERS Marana Municipal Complex CON3'RUCTiDN MANAGEMENT Marana, Arizona GMP # ORIGINAL EST, DATE: 37 PROJECT DATA REVISION: 13 Marana Municipal Complex - DETAILED BUILDING COMPONENT ESTIMATE/TAKEOFF .. 378 122 -,659 SQUARE FEET. BY: S..8mal n 20ACRES - _ MUNICIPAL COMPLEX _ - FILENAME: mccpl3 7, 7-9,1111111,77 C t7E�O r1oR1 Nwas 00ANT. MM2M 4aber ToT UNIT UNIT UNIT UNIT total tow II w � to" MARK & TACK BOARDS 40 EA 300.00 0 0 0 12,000 12,000 TOTAL MARK &TACK 0 d 0 12,000 12,000 F. E. & CABS FIRE EXTINGUISHERS 25 EA 200.00 0 0 0 5 .5,000 TOTAL F. E. & CABS 0 p 0 '5,000? TOILET PART. &ACCESSORIES TOILET PARTITIONS & ACCESSORIES (STAINLESS) 45 EA 575.00 0 0 0 25,875 25,875 TOTAL PART. & ACCESSORIES 0 0 0 25,875 25,8T5 GLASS & GLAZING V INSULATED GLAZING - 10,800 SF . 20.00. 0 0 0 216,000 216,000 r ALUMINUMDOORS 22 EA 1,750.00- 0 0 0 38,500 38;500 AUTO ENTRANCE DOORS 2. EA 3,500.00 - 0 0 0 7,000 7,000 114" INTERIOR GLAZING 4,796 SF 12.00 0 - 0 0 57,552 57,552 LOBBY GLASS CURTAIN WALL 2,520 SF 20.00 0 0 0 50,400 50,400 PUBLIC COUNTER. GLASS PANELS WITH LOGO - 264 SF 20.00 0 0 0 5,280 5,280 SANDBLASTED GLASS WALL IN COUNCIL 440 SF - - 60.00 0 0 0 26,400 26,400 PYROSTOP GLASS AT 3RD FLOOR LOBBY - - 540 SF 85.00 - 0 - 0 0 45,900 45,900 TOTAL GLASS & GLAZING 0 0 0 441,03 44T,032 FLOORING CARPETING - - .9,288 BY 15.00 0 0 0 139,318 139,318 CARPETING- COUNCIL 367 BY 25oO 0 - - 0 0 9,167 9,167 CARPETING- MAYORS AREA - - 533 BY 20.00 0 - 0 0 10,667 10,667 GRANITE FLOORING - 7,317 SF - 25.00 0 0 0. 182,925 182,925 SPECIAL FINISHES - 2 EA 15,00000 0 0 0 30,000 30,000 FLOOR TILE 930 SF 8.00 0 - - 0 - 0 7,440 7,440 7 L1-TILE _ 1 9,000 SF 8.00 0. 0 - 0. - 72,000 72,000 TaLFLOORING 0 0 d 451,517 451,517 MILLWORKICASEWORK RESTROOM TOPS 85 LF - 125.00 0 0 0 10,625 10,625 RECEPTION DESK 5 EA - 5,000.00 0 0 0 25,000 25,000 BASE & UPPERS .270 EA 75.00 0 0 0 20,250 20,250 PUBLIC COUNTER - - i EA- 3Q000.00 0 0 0 30,000 - 30,000 - PUBLIC COUNTER BACK WALL 35 LF 200.00 0 0 0 7,000. 7;000 DSA COUNTER 1 EA 30,000.00 0 0 - 0 30,000- 30,000 OSA COUNTER BACK WALL 35 - LF 200.00 0 0 0 7,000 7,000 SUPPORT BASE CABINET 315 LF - 100.00 0. 0 0 31,500 31,500 MEDIA CABINETS 50 LF 100.00 0 0 0 5,000 5,000 TESTING SHELF - 18 - LF 50:00 0 0 0 900 900 COUNCIL CHAMBERS DIAS _ - - 1 LS 100,000.00 0 0 0 100 100,000 WOOD WAINSCOTT IN COUNCIL 510 SF 20.00 0 0 0 10,200 10,200 WOOD WAINSCOTT IN MAYORS AREA - 4,168 SF - 15.00 0 0. - 0 62,520 62,520 COURTROOM MILLWORK - - i LS 65,000.00 0 0 0 65;000 65,000 SHELVES i LS 25,000.00 0 0 0 25,000 25,000 COUNCIL PUBLIC SEATING 250 EA 120.00. 0 0 - 0 30,000 30,000 COURTROOM PUBLIC BENCHES 8 EA 1,100.00 0 0 0 8,800 8 - MISC. MILLWORK 1 LS 50,000.00 0 0 0 50,000 50,000 LOCKERS 200 EA .75.00 0 0 0 15,000 15,000 FUME HOODS 1 EA 11,000.00 0 0 0 - 11,000 .11,000. TOTAL MILLWORK :ICASEWORK 0 0L 0 144,795 544,795 SIGNAGE ALLOWANCE 0 LS - 20,000.00. - 0 0 0 0 TOTALSIGNAGE 0 0 d 0 0 EQUIPMENT - ELECTRIC PROJECTION SCREEN IN COUNCIL - 1 LS - 15,000.00 0 - 0 - 0 - 15,000 15,000 ELECTRIC PROJECTION SCREEN IN CONFENCE ROOMS 1 EA 1,000.00 0 - 0. 0 1,000 1 REFRIDGERATORS 3 LS 750.00 0 0 0 2,250 2,250. STOVEMOOD - 3 LS 650.00 0 0 0 1,950 1,950 MICROWAVES - - 3 LB 350.00 0 0 0 1,050 1,050 EVIDENCE REFRIDGERATOR - 1 i5. 25,000.00 0 0 0 25;000 - 25,000 EVIDENCE REFRIDGERATOR 1 LS 25,000.00 0 0 0 .25;000 25,000 EVIDENCE REFRIDGERATOR 1 LS 25,000.00 0 0 0 25,000- 25,000 Ik MACHINE 1. LS 8,000.00 0 0 0 8,000 8,000 KROOM EQUIPMENT - i LS 35,000.00 0 0 0 35,000 35;000 'TOTAL - EQUtPMEN 0 0 0 1;39,250 1 139,250 BULLET CONTROL BULLET CONTROL I I 1 1S .2,5001)0 - 0 0 0 2,500 2,500 For D. 57 WITHERS Marana Municipal Complex CONS- RUCTION 1dP.NF.GEMENi Marana, Arizona GMP #1 ORIGINAL EST.DAt, 3)854 PROJECT DATA - REVISION:- - - 13 Marana Municipal Complex DETAILED BUILDING COMPONENT ESTIMATE /TAKEOFF MTE 37854 122,659 SQUARE FEET - Bv: swnB,owoa. - 20 ACRES - M UNICIPAL COMPLEX FILE NAME: -023 _ F ABgF fuV1 �fB14J1&. CZfICt' Af1'' . 41NR EST VNIT ww T. TOTAL BULLET CONTROL 0 0 0 2,500 2,500 OPERABLE WALLS BRIEFING 240 SIF 32.00 0 0 0 - 7,680 7,680 CONFERENCE CENTER 840 EA 35.00 0 0 0 29,400 29,400 TOTAL OPERABLE WALL$ 0 0 0 97,080 31,080 ELEVATORS 2500LB ELEVATOR 11 STPS 22,000.00 0 0 - 0 242,000 242,000 PLATFORM LIFT 1 EA 11,000.00 0 0 - 0 - 11,000 11,000 TOTALEtEVATORS 0 0' " 0 253,000 253,000 HVAC /GSM HVAC SYSTEM - 94,598 SF 17.00 0 0 0 1,808,166 1,608,166 o HVAC SYSTEM, shell space - 8,220 - SF 7.00 0 - 0 0 57,540 57,540 TOTAL HVAC /GSM 0 0 0 1.665,706 1705 PLUMBING PLUMBING COMPLETE 102,818. LF 350. 0 0 0 359,863 359,863 PLUMBING deleted (14) ea 65000 0 0 0 (9,100) (9,100 TOTAL PLUMBING 0 0 0 350,143 350;763 FIRE SPRINKLERS FIRE SPRINKLERS 102,818 SF - 1.00 0 0 0 - 102,818 102,818 TOTAL FIRE SPRINKLERS 0 0' 0 102,818 102,818 SPECIAL SYSTEMS 4EcAL SYSTEMS - 0 SF .3.00 0 0 0 0 0 L TASPEGAGSYSTEM$ ' 0 0' 0 0 0 ELECTRICAL ELECTRICAL SYSTEMS 94,598 SF 9.00. 0 0 - - 0 851,382 851,382 ELECTRICAL SYSTEMSahell space - 250 SF 6.00 0 0 0 1,500 - 1 -,500 COUNCIL CHAMBERS LITE FIXTUE PACKAGE 3,300 SF 25.00 0 0 0 82,500 82,500 LOBBY FLOOR LIGHTS 2,940 SF 5.00 0 0 0 ' 14,700 14,700 LIGHT FIXTURE ALLOWANCE 88,358 SF 4.00 0 0. 0 353,432 353,432 COMMAND CENTER WALL BACKBONE 1 LS 50,000.00 0 0 0 50,000 50,000. - TOTAL ELECTRICAL 0 0' 0 1,353,514 1,353,514 SUB TOTAL 679,646 273,618 0 10,306,557 11,259,820 GENERAL CONDITIONS 1 LS 842,121.00 0 0 0 842,121 842,121 BUILDING PERMIT OWNER LS 0 0 0 - 0 - 0 PLAN CHECK FEE OWNER LS - 0 0 0 0 0 OFFSITE PERMITS - OWNER LS 0 0 0 0 0 DEVELOPMENT FEES, WATER /FIRE OWNER LS 0 0 0 0 0 DEVELOPMENT FEES, SEWER OWNER LS 0 0 0 - -0 0 WATER METER FEES, 1 - -2' TURBO METER -OWNER LS 0 0 0 0 0 TESTING ALLOW. - - - 'OWNER LS _ 0 0 - 0 0 0 UTILITY COMPANY ALLOWANCE OWNER LS 0 0 0- - 0 0 BUILDERS RISK INSURANCE i LS 15,360.95 0 0 - 0 - - 15,361 15,361 LIABILITY INSURANCE i LS 36,866.27 - 0 0 _- 0 - 36,866 36,866 PERFORMANCE B PAYMENT BOND 1 LS 101,817.54 0 0 0 401,818 101 CONTINGENCY :1 LS .0.00 0 0 - -0 - 0 0 SUB- CONTRACTOR BONDS _ 0 0 - 0 0 0 SUB TOTAL 679,646 213,618 "0 11,302,722 12,255,986, CONTRACTORS FEE 1 LS 546,166.93 0 0 0 546,167 546,167 SUBTOTAL 679,646 273,61$ ` 0' 11,648,889 12,802,153 SALES TAX 1 LS - 852,020.42 0 0 0 852,020 x52,020 TOTAL 879,646 273,618 0 12,700,910 13,654,173` !� L. WITHERS Marana Municipal Complex CO CONS"RUCPION MANAGEMENT Marana, Arizona GMP # ORIGINAL EST. DATE: 37854 PROJECT DATA _ REVISION:_ 13 Marana Municipal Complex DETAILED BUILDING COMPONENT ESTIMATE/TAKEOFF DATE 37854 122,659 SQUARE FEET By spa Bmma 20 ACRES Balconies - FILE NAME: mcc423 I mom QUART. i UNIT UNIT UNIT UNIT I" igW BLDG CONCRETE 2,330 SPREAD FOOTINGS, 12'X12'X3' 40 EA 350.00 0 0 0 14,000 14,000 CONTINOUS FOOTINGS, 5'X2' - 200 LF 20.00 0 0 0. 4,000 4,000 CONTINOUS 12" WALL 1,440 SF 14.00 0 - 0 0 20,160 20,160 2,350 3-112" CONCRETE ON 3" DECK 6,446 SF 4.00 0 - 0 0 25,784 25,784 TOTAL BLDG CONCRETE 0 0 0 93,%4 63,944 STONE SANDSTONE SKIN 14,560 SF 24.00 6.00 349,440 87,360 - - - 0 0 436,800 GRANITE FLOOR COVERING 8,446 SF .8.00 3.50. 51,568 ( 22,561 0 0 74 TOTAL STONE 401,008 109 0 0 " 510,929 aoo0 MASONRY B" EXTERIOR COLUMNS - 14,560 SF - - 8.50 - 0 - 0 0 94,640 : 94,640 TOTAL MASO 0 0 0 94,649 94,640' 5000 STRUCTURAL STEEL S 0 STEEL FRAMING 8,448 SF 10.00 0 0 0 . - 64,460 64,460 5,000 CANOPY FRAMING 6,446 SF 8.00 0 0 0 38;876 38,676 5.500 MISC ITEMS 1 LS 5,000.00 0 0 0 5,000 5;000 S - EXTERIOR HANDRAILINGS, PAINTED STEEL WISTAINLESS CAP 600 LF 40.00 0 0 0 24,000 24,000 0 0 0 0 0 TOTAL STRUCTUAL STEEL 0 0 . 0 132,136 132,136 METAL ROOFING PREFINISHED DECK CANOPIES 6,448 SF 15.00 0 0 0 98,890. 96,890 TOTAL METAL ROOFING 0 - 0' 0 ,690 96,890 DRYWALL 7TR CTUR AL STUD WALL FRAMING AT EXTERIOR 12,892 SF 4.75 0 0 0 61,237. 61,237 ITS 12,892 SF 2.00 0. - 0 - 0 25,784 25,784 TOTALEMtYWALL 0 0< 0 87,021 87,021' PAINT/WALL COVERINGS EXTERIOR PAINT 1 LS 10,000.00 0 0 0 10,000 10,000 - TOTAL PAINTNVALL COVERIN S 0 0 0 10,000 10,000 SEALANTS & CAULKING SEAL & CAULK BUILDING - 1 LS 2,500.06 0 -0 0 - - 2,500 2,500 TOTAL SEALANTS & CAULKING 0 "- 0 0 2,500 2,500 PLUMBING PLUMBING COMPLETE 17,302 LF 2.00. 0 0 - 0. - 34,604 - - 34,604 TO TAL COMBING- 0 0' 0 34,604 34,604 FIRE SPRINKLERS FIRE SPRINKLERS 17,302 SF 1.00 0 - 0 - 0 17,302 17,302 TOTAL FIRE SPRINKLERS 0 0' 0 TT 17,302 ELECTRICAL ELECTRICAL SYSTEMS 17,302 SF 8.00 0 0 0 138,418 .138,418 TOTAL ELECTRICAL 0 0 138,416 136416` SUB TOTAL 401,008 109,921 0 877,253 1,188,182 GENERAL CONDITIONS 1 LS 0 0. 0 0 O IN G PERMIT OWNER LS. - O CHECK FEE OWNER LS 0 OFFSITE PERMITS OWNER LS. 0 DEVELOPMENT FEES, WATERIFIRE OWNER LS 0 DEVELOPMENT FEES, SEWER .OWNER LS - - 0 WATER METER FEES, 1 - 2 ".TURBO METER - OWNER L5 - - - 0 TESTING ALLOW OWNER - LS - 0 UTILITY COMPANY ALLOWANCE OWNER - LS. - - 0 BUILDERS RISK INSURANCE - 1 L& 1,506.70 0 0 0 - - 1,507 1,507 PFCO S WITHERS Marana Municipal Complex CONS MANAGEMENT Marana, Arizona GM P #1 ORIGINAL EST. DATE: 378 PROJECT DATA - REVISION 13 Marana Municipal Complex DETAILED BUILDING COMPONENT ESTIMATE/TAKEOFF DATE: 378e 122,659 SQUARE FEET BY Sw B.A sw; 20 ACRES Balconies FILENAME: mccV23 T I uwr UwT UP11T UNIT w" I 1 _ LIABILITY INSURANCE 1 LS 3,616.08 0 0 0 3,816 3,616 PERFORMANCE & PAYMENT BOND 1 LS 8,839.29 0 0 0 8,839 8,839 CONTINGENCY 1 LS 0.00 - 0 0 0 0 0 SUB - CONTRACTOR BONDS 0 0 0 0 0 SUBTOTAL 401,008 " 109,921 0 891,215 1,202,144 CONTRACTORS FEE 1 LS 53,571A8 0 - '0 0 53,571 5$571 SUBTOTAL 401,008 109,921 0 744,787 1,255,716 SALES TAX 1. l_S 83,571.51 0 0 0 83,572 83,572 TOTAL 401,008 109,921 0 828,358 1,339,287 Town of Marana Municipal Complex Summary of Assumptions February 10, 2003 The following includes a summary of assumptions that describe the basis for estimates and costs included in the attached Guaranteed Maximum Price (GMP) provided for the new Municipal Complex for the Town of Marana. Construction Documents are approximately 70% complete at this time. These assumptions provide the explanation for the cost for construction. We are also providing an overall estimate for the project that includes allowance costs for furniture, fixtures, equipment (FFE); special systems; data and telephone cabling, and other project costs that are not part of the GMP. SITE ASSUMPTIONS: Earthwork and Paving • Based. on soils report by Western Technologies dated April 16, 2002 and Amendment dated August 27, 2002. • Over excavation and recompaction of the building pads utilizing onsite soils. • Balanced site is assumed. • Retention construction with spillways and riprap. • 6,836 square yards of 3" asphalt on 6" base course heavy duty paving at the drive aisles and 15,324 square yards of 2" on 4 light duty paving in the parking lots. • Striping and signage for 461 parking spaces. • Firelane striping is also included. Wet Utilities • On site only. All work starts at back of curb. • Water and sewer are stubbed to on site location by others. • Meters to be by the Marana water. • Fire loop is included around the building. • Domestic water included to the building. • Storm drain consists of underground piping to gather and drain storm water from the parking lots and the courtyard and deposit into the retention basins. • Sanitary Sewer. • Service to future pads. Site Concrete And Paving • Vertical curbing, curb & gutter and valley gutters are all provided in the parking areas as required. • 4" gray concrete sidewalk paving is included. . • Scoring and design to be as specified by Durrant. • Colored concrete is not included. Town of Marana Municipal Complex Summary of Assumptions February 10, 2003 • Lightpole bases are included projecting 24" above the finish grade and finished in natural concrete. Landscaping • Includes 21 48" box trees, 317 24" box trees, 12 18 -20' palms, 141, 100 square feet of grass, 120,000 square feet of wildflower mix and irrigation systems for all of the above. Flagpoles • Three (3) flagpoles are included. Two at 30', one at 40'. Location to be as determined by the Architect. • All poles are aluminum, non- tilting with internal halyards. • Color and finish to be as selected by the town from the manufactures standard colors. • Flags are not included. Fountains * Stub outs for future water and drainage have been included. Dry Utilities • Dry Utility costs are included with the electrical budget for 4" telephone conduit; 34' power conduits, and cross connections between the two buildings on site. Additional conduit stubs shall be provided to the future building pads • Removal of existing Police Department building is not a part of this scope of work and shall be completed by others. • Irrigation channels located onsite shall be removed as a part of this work. Channels shall not be re- routed. Irrigation is no longer required on adjacent properties. • Drywells or a horizontal French drain system shall be installed in the large retention located adjacent to Barnett Road. BUILDING ASSUMPTIONS: Concrete • Building is assumed to site on spread footing as designed by the structural engineer. • There will be a continuous concrete wall, 12" wide running around the base of the building. This wall will have a light sandblast finish on the exterior face. • Slab on grade is assumed to be 4" on un- reinforced concrete on an ABC sub base. • Floors are assumed to be 3 -112" un- reinforced concrete on 3" metal decking. • All stairs are to have concrete filled pans. Page 2 of 9 Town of Marana Municipal Complex Summary of Assumptions February 10, 2003 • We have also included a 24" thick cast in place concrete wall behind the council dais. This wall is to be left in its natural state after remove of the forms. Exterior Stone Work • Sandstone is included for portions of the exterior of the building. We have included an allowance of $5.00 per square foot for the material including shipping costs. The stone is to be selected by the town from a selection within this allowance. Stone is to be adhered to the building in a thickset mud application. • Interior stone is to be applied to the wall between the lobby and the council chambers. Stonework is to match exterior stone in application to the building. Style, type and finish may vary as long as it fits within the $5.00 per square foot material allowance. • Exterior balconies are to have a floor covering selected by the town from a material selection that fits within the $3.50 material allowance included. Masonry • All walls at the sally port/bookings area to be 8" masonry to insure durability. • Interior walls surrounding the Property and Evidence Room and other areas required to be secured are to be 8" masonry. Structural Steel • Building structure to be framed with structural steel columns beams and joists as designed by the structural engineer. Steel decking will be placed over the framing at each floor and prepared to receive concrete. At the roof the decking will be prepared to receive the roofing. • All stairs will be steel framed with steel channels and pans. Hand railings will be 1- 1/4" pipe at all stairs. • 6" steel pipe bollards are included at locations that could possible be damage by vehicular traffic. • All exterior guard railings to be steel pipe with a mesh infill as design by Durrant. Specialty Metals • Interior guard railings at the lobby are estimated to be glass and /or steel design. • Prefinished metal decking is to be used over the second floor balconies. Color to be selected from manufacturers standard colors • Exterior building protrusions at the roofline will be clad with Prefinished metal in a zinc type finish. Expansion Joints • An expansion joint is included as defined by the architect and engineers Page 3 of 9 Town of Marana Municipal Complex Summary of Assumptions February 10, 2003 Roofing • The building is to be roofed with a single ply roof placed on 2" of rigid board. Termite Treatment • The entire on grade portion of the building shall be treated with a termite - controlling chemical. Stucco • Stucco is included for portions of the exterior that are not covered in sandstone. Stucco is to be a three -coat system painted in the field. • All exterior ceilings will be stuccoed. Drywall and Paint • The exterior of the building shall be framed with 6" structural studs designed to support the loads imposed by the sandstone and stucco exterior finishes. The interior face of the structural studs will be faced with 5/8" gypboard and painted. • All interior wall shall be no load bearing 3 -5/8" metal studs with 5/8" gypboard applied to both faces where required except around the Property and Evidence Room and other areas requiring secure enclosure of appropriate materials. • The lightwells at the corridors will be framed with 3 -5/8" metal studs with 5/8" gypboard applied to both faces where required. • The ceilings in the employee work areas, lobby and council chambers will be framed with 3 -5/8" metal studs with 5/8" gypboard applied to the exposed face as designed by Durrant. • All exposed drywall, stucco and steel will be paint from a palette approved by the town. • All structure that is to be left exposed shall be painted with a flat gray or black paint. • We have included an allowance of $23,156 for wall coverings to be located by the town Acoustical Ceilings • 2X2 acoustical grid ceilings in 7/8" standard duty grid are provided in all the private offices and as infill panels in the ceilings in the employee work areas, lobby and council chambers. • Fireproofing is not required and not included for this project Insulation • All Exterior walls are to be insulated with r -19 batts • The entire underside of the roof deck is to be insulated with R -30 batts. Page 4 of 9 Town of Marana Municipal Complex Summary of Assumptions February 10, 2003 • All restrooms and conference rooms shall have sound batts installed in the walls and at the ceiling. • Doors and Hardware • All interior doors are to be plain sliced red oak wood doors in painted hollow metal frames. • An allowance of $2,000 is included for the Council chambers doors. • All non - public exterior doors are to be painted hollow metal. • Hardware is to be Best, Schlage or equal as defined by Durrant. Toilet Partitions • Toilet partitions to be floor mounted stainless steel units Glass & Glazing • All exterior glazing to be 1" insulated glass mounted in standard aluminum frames. • All public entries will have medium stile aluminum doors. • Automatic entrance doors are provided at the lobby and courtroom entrances. • All interior sidelites and transoms shall have '/4" clear glass. Tempered where required. • We have included an allowance of $5,280 for a custom glass panel at the first floor public counter. • In the council chambers there shall be a sandblasted glass wall separating the audience and the pathway to the council dais. Floor Covering • An allowance of $15.00 per installed yard has been included for carpeting in the employee areas. • An allowance of $25.00 per installed yard has been included for carpeting in the council chambers. • An allowance of $20.00 per installed yard has been included for carpeting in the mayor's office. Ceramic Tile • Restroom floors and walls are to be covered with Group Two 4 "X4" ceramic tile. Tile on the walls at all the restrooms is to be full height of the wall. Millwork/Casework • All public restrooms to have granite countertops. Employee restrooms with more than one sink will have plastic laminate counter tops. Restroom with a single sink shall have no countertops. • We have included an allowance of $5,000 each for each of the reception counters. Page 5of9 Town of Marana Municipal Complex Summary of Assumptions February 10, 2003 • The public counter on the first floor will be constructed from a $30,000 allowance. • The development services on the second floor will also be constructed from a $30,000 allowance. • Both the public counter and development services counter will have custom millwork at the back wall a $14,000 allowance. • We have included 585 lineal feet of base cabinets and 270 lineal feet of upper cabinets have been included in the project. • An allowance of $140,200 is included for the council dais, and miscellaneous millwork in the council chamber. • An allowance of $73,800 is included for the benches and miscellaneous millwork in the courtroom. • An allowance of $62,520 is included for the miscellaneous millwork in the mayor's office. Elevators • Elevators are provided at the lobby (2), council offices (1) and police department (1). The lobby elevators shall have upgraded finishes while the council offices and police department elevators will have standard finishes. All elevators will have 2,500 lb capacity with a standard cab. Fire Sprinklers • The entire building will be sprinkled to meet all current codes. All heads shall be non - recessed chrome mounted to the center of the tile. Plumbing: Quantities and fixture listing is based upon the GMP preliminary documents Provided by Durrant for this project. Costs are estimated according to the following summary. • 39 Water closets wall hung • 7 Urinals • 26 Lavatories (counter mounted) • 7 Lavatories (wall mounted) • 1 Emergency eye wash • 2 Showers (field built) • 2 Handicap showers (field built) • 8 Electric water coolers (bi- level) • 9 Mop sink • 8 Sink (single) • 3 Sink (double) • 2 Refrigerator hook -up • 3 Elevator sump pump • 2 Gas water heaters Page 6of9 Town of Marana Municipal Complex Summary of Assumptions February 10, 2003 • 6 Electric water heaters 30 gal • 1 Insta -hot water heater • 8 Circ pump • 39 WC carriers • 7 Ur Carriers • 21 Floor drains • 2 Trench drain for handicap shower • 21 Trap primers • 6 Floor sinks • 5 Hose bibs • 18 Roof drain / over flow drain • Lot Roof drain pipe • Lot Waste pipe underground • Lot Waste pipe above ground • Lot Excavation & backfill • Lot Domestic water • Lot Natural gas • 1 Insulation • 1 Equipment rental • 1 Hauling & deliveries • 1 Warranty HVAC: The following list of equipment and fixtures is based upon the preliminary GMP documents provided by Durrant for this project. Assumptions are based upon these documents and meetings with Durrant and the Mechanical engineer. • 2 300 ton cooling towers (s.s basins) • 2 Tower filtration system • 1 Heat exchanger • 1 -475 ton centrifugal chiller w /vsd • 1 125 ton screw chiller • 3 900 g.p.m. pumps (cond. water) • 3 460 g.p.m. pumps (chilled water) • 2 VFD's (towers) • 3 VFD's (pumps) • 1 Exp. tank & air separator • 9 Air handler with VFD • 7 Fan coils • 4 Fan coils w/ chw & dx coils • 3 Split system (elevator equip. rm.) • 12 General exhaust fans Page 7 of 9 Town of Marana Municipal Complex Summary of Assumptions February 10, 2003 • 2 Fume exhaust fans • 1 Auto exhaust/mau fans • 1 Refrigerant exhaust fan • 2 Atrium exhaust fans • 2 Ceiling exhaust fans • 8 Osa /intake hoods • 4 Elevator relief vent • 1 Building relief air allowance • 65 VAV boxes • 70 VAV boxes fan powered with electric heat • 50 Supply diffusers • 1,100' Linear diffusers • 225 Return diffusers • 125 Transfer grills • 300 R/a & transfer boots • 55 Exhaust grills • 1 Louvers /dampers • 18 Sound traps • 1 Fire /smoke damper allowance • 95 Smoke detectors (install only) • 9 AHU medium pressure duct system. • 9 AHU return air duct systems • 9 Double wall duct allowance • 9 OSA duct systems • 135 VAV duct systems • 11 Fan coil duct systems • 12 General exhaust duct systems • 2 Fume exhaust duct systems • 2 Ceiling exhaust duct systems • 400' Underground condenser piping • 1 Excavation & Backfill • Lot Mechanical room piping • Lot Air Handler room piping CHW • Lot Indoor main piping CHW • Lot Branch piping CHW • 23 Condensate piping systems • ? ? ?? Generator exhaust piping • 1 Equipment Rental • 1 Start up • 1 Insulation duct wrap Page 8 of 9 Town of Marana Municipal Complex Summary of Assumptions February 10, 2003 • 1 Insulation piping • 1 Air & water balance • 1 Water treatment • 1 Controls EMS • 1 Warranty • 1 Hauling & deliveries Electrical Systems • Electrical system includes a 480 volt/2500amp service; emergency diesel generator and transfer switch. Uninterrupted power supply will be selectively provided either by a central system or separate systems provided for support of data and IT systems. These systems may include UPS units specific to equipment located within the building departments e.g. individual printers etc. Emergency systems are estimated for specific areas that require redundant systems. Other systems that will received emergency power include the lighting system and life safety required items as set forth in the building and electrical codes. • Data /telco conduit systems are provided as empty conduit systems. Data /telco equipment and wiring system costs are part of a separate allowance outside of the GMP. • Audio Visual systems, Intercom, Court video systems; Council Chamber AV systems; CCTV /card access and security systems are part of a separate allowance outside of the GMP. • Fire alarm system is part of the GMP electrical cost. All other special systems are included as a part of separate allowances outside f the GMP. • Microwave communication systems are not a part of this project. Electrical costs are indicated in the attached summary estimate. Please note that this summary includes and allocated costs for specific packages e.g. lighting systems. Due to the fact that the electrical design is largely conceptual at the time of GMP this cost shall be treated as an allowance summary. CM@ Risk reserves the right to provide value engineering and deductive alternates for this project in in order to maintain the budget. These costs alternatives shall be provided for analysis and approval of the owner and architect prior to implementation. Page 9 of 9 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL COMPLEX PROJECT NO. -095 A CONSTRUCTION SERVICES PHASE —ALLOWANCE EXHIBIT C -• -• OF • The Work to be performed under an Allowance shall be identified, the cost of the Work to be performed estimated and agreed according to Article 5, CONTRACT PRICE, hereinabove. Page 53 of 58 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL COMPLEX PROJECT NO. 99 -095 A CONSTRUCTION SERVICES PHASE CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL COMPLEX PROJECT NO. 99 -095 A CONSTRUCTION SERVICES PHASE IN WITNESS WHEREOF, three (3) identical counterparts of this AGREEMENT each of which shall for all purposes be deemed an original thereof, have been duly executed by the parties herein above named, on the date and year first above written. TOWN agrees to pay CM @RISK and CM @RISK agrees to receive and accept the Guaranteed Maximum Price of EIGHTEEN MILLION TWO HUNDRED FORTY -TWO THOUSAND SIX HUNDRED SEVENTY FOUR DOLLARS & No /100 ($18,242,674.00) as submitted by the CONTRACTOR in his /her Proposal as a Lump Sum Proposed Summary Price and accepted by the TOWN or as negotiated and agreed between the TOWN and the CONTRACTOR as full compensation for the work required by the Contract Documents, except as amended by Contract Change Order subsequent to the execution of this Contract, for furnishing all labor and materials and for doing all the work contemplated and embraced under this Agreement; for all loss or damages arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work, until the work is accepted by TOWN; for all expenses incurred by or in consequences of the suspension or discontinuance of work; and for well and faithfully completing the Work, the whole thereof, in the manner and in accordance with the Contract Documents therefore and the requirements of the Town Engineer. The CM @RISK agrees that this AGREEMENT, as awarded, is for the stated WORK and understands that the Guaranteed Maximum Price of EIGHTEEN MILLION, TWO HUNDRED FORTY -TWO THOUSAND SIX HUNDRED SEVENTY FOUR DOLLARS & No /100 ($18,242,674.00) will be as payment for the total WORK comprehensive and complete will be made on the basis of the indicated amount(s), per the terms and conditions of the AGREEMENT. THE EFFECTIVE DATE OF THIS CONSTRUCTION CONTRACT AGREEMENT SHALL BE THE DATE OF SIGNATURE BY THE TOWN MANAGER OF THE TOWN OF MARANA. FOR THE TOWN OF MARANA, FOR L. WITHERS L.C. An Arizona Municipal Corporation An Arizona Corporation BY: BY: Farhad Moghimi, David Bradley, Town Engineer /Director of Public Works Vice President DATE: DATE: BY: BY: Jim DeGrood, Dan Withers, Director of Development Services President DATE: DATE: BY: Michael Reuwsaat, Town Manager, DATE: Page 54 of 58 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL COMPLEX PROJECT NO, 99 -095 A CONSTRUCTION SERVICES PHASE 1 BY: Bobby Sutton, Mayor, DATE: APPROVED AS TO FORM: BY: Town Attorney DATE: ATTEST: Jocelyn Bronson, Town Clerk, Town of Marana, Arizona, 85653 DATE: All signatures must be notarized. In the event that the contracting firm is a corporation, the president and the secretary or the vice - president and the secretary of the corporation must sign and the corporate seal must be affixed thereto. ATTACH NOTARY CERTIFICATES HERE Page 55 of 58 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL COMPLEX PROJECT NO. 99-095 A CONSTRUCTION SERVICES PHASE CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL COMPLEX PROJECT NO. 99 -095 A CONSTRUCTION SERVICES PHASE PERFORMANCE BOND and PAYMENT BOND (Information to be filled out by the CONTRACTOR and SURETY Notarized and to be supplied by the Proposer /Contractor and attached to the CONTRACT as Exhibit D ) Page 56 of 58 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL COMPLEX PROJECT NO. 99 -005 A CONSTRUCTION SERVICES PHASE PERFORMANCE BOND (100% of Total Contract Price) KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the Town of Marana, State of Arizona, further known through these Documents as the "TOWN" has awarded to D. L. Withers L.C., as principal, hereinafter designated as the "CONTRACTOR ", a CONTRACT for the work generally described as follows: CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL COMPLEX PROJECT NO. 99 -095 A CONSTRUCTION SERVICES PHASE AND WHEREAS, said CONTRACTOR is required to furnish a bond in connection with said CONTRACT guaranteeing the performance thereof and said bond shall remain in full force and effect through the warranty and guarantee period; NOW THEREFORE, we the undersigned CONTRACTOR and Surety, are held and firmly bound unto the Town of Marana in the sum of EIGHTEEN MILLION FIVE HUNDRED TWENTY -EIGHT THOUSAND ONE HUNDRED SEVENTY THREE DOLLARS & No /100 ($18,528,173.00) to be paid to the said TOWN or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That if the above bound CONTRACTOR, his /her or its heirs, executors, administrators, successors or assigns, shall in all things stand to, abide by, and well and truly keep and perform the covenants, conditions and agreements in the foregoing CONTRACT and any alteration thereof made as therein provided, on his /her or their part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Town of Marana, its officers, employees and agents, as therein stipulated, then this obligation shall become and be null and void; otherwise it shall be and remain in full force and virtue. In the event suit is brought upon this bond by the TOWN and judgment is recovered, the Surety shall pay all costs incurred by the TOWN in such suit, including a reasonable attorney fee to be fixed by the court. IN WITNESS WHEREOF, we have hereunto set our hands, and seals on this day of March, 2003. CONTRACTOR: SURETY: Name: Name: Address: Address: Tel. No.: Tel. No.: Fax No.: Fax No.: By: By: Attorney -in -Fact NOTE: This Bond must be executed by both parties, and in the case of a corporation, with corporate seal affixed. All signatures must be acknowledged. (Attach acknowledgments). The attorney -in -fact for the bonding company must be registered in at least one (1) county in the State of Arizona. Page 57 of 58 CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL. COMPLEX PROJECT NO. 9 -095 A CONSTRUCTION SERVICES PHASE PAYMENT BOND (100% of Total Contract Price) KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the Town of Marana, State of Arizona, further known through these Documents as the "TOWN ", has awarded to D. L. Withers L.C., as principal, hereinafter designated as the "CONTRACTOR ", a CONTRACT for the work generally described as follows: CONSTRUCTION MANAGER AT RISK FOR TOWN OF MARANA MUNICIPAL COMPLEX PROJECT NO. 99 -095 A CONSTRUCTION SERVICES PHASE AND WHEREAS, said CONTRACTOR is required to fumish a bond in connection with said CONTRACT, to secure the payment of claims of laborers, mechanics, materialmen, and other persons, as provided by law; NOW THEREFORE, we the undersigned CONTRACTOR and Surety are held and firmly bound unto the Town of Marana in the sum of EIGHTEEN MILLION FIVE HUNDRED TWENTY -EIGHT THOUSAND ONE HUNDRED SEVENTY THREE DOLLARS & NO /100 ($18,528,173.00) for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That if said CONTRACTOR, his /her or its heirs, executors, administrators, successors or assigns, or • subcontractors, shall fail to pay any of the persons named in, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or any amounts required to be deducted, withheld, and paid over to the Tax Board from the wages of employees of the CONTRACTOR and his /her subcontractors, pursuant to the Revenue and Taxation Code, with respect to such work and labor, that the Surety or Sureties herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In the event suit is brought upon this bond by the TOWN and judgment is recovered, the Surety shall pay all costs incurred by the TOWN in such suit, including a reasonable attorney fee to be fixed by the court. This bond shall inure to the benefit of any of the persons named as to give a right of action to such persons or their assigns in any suit brought upon this bond. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this _day of March, 2003. CONTRACTOR: SURETY: Name: Name: Address: Address: Tel. No.: Tel. No.: Fax No.: Fax No.: By: By: Attorney -in -Fact NOTE: This Bond must be executed by both parties, and in the case of a corporation, with corporate seal • affixed. All signatures must be acknowledged. (Attach acknowledgments). The attorney -in -fact for the bonding company must be registered in at least one (1) county in the State of Arizona. Page 58 of 58 TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: September 16, 2003 AGENDA ITEM: IX. B. 2 TO: Mayor and Council FROM: Frank Cassidy, Town Attorney SUBJECT: Ordinance No. 2003.23 Authorizing an exchange of real property to reconfigure the Marana Municipal Complex for the new Town Hall improvements and the execution of a Real Estate Exchange and Development Agreement with Reyher Partnership and Marana 348 Limited Partnership DISCUSSION: This ordinance authorizes and sets the terms for an exchange of real property for purposes of reconfiguring the Marana Municipal Complex to accommodate the construction of the new Town Hall and related improvements.. The particular parcels being exchanged, and the terms and conditions of the exchange, are set forth in the Real Estate Exchange and Development Agreement with Reyher Partnership and Marana 348 Limited Partnership, which is also presented and authorized for execution as part of this action item. This ordinance and the Real Estate Exchange and Development Agreement it authorizes provides that Reyher Partnership and Marana 348 Limited Partnership will transfer to the Town certain land needed for the newly configured Marana Municipal Complex site, for a one -acre portion of the new Northwest Fire District fire station, and for road rights -of -way and drainage easements needed to serve the Marana Municipal Complex. In exchange, the Town will transfer to Reyher Partnership and Marana 348 Limited Partnership certain property no longer needed for the Marana Municipal Complex site. The particular parcels involved in the exchange are shown on the map attached as Exhibit J to the Real Estate Exchange and Development Agreement. The Real Estate Exchange and Development Agreement also provides (among other things) for (1) construction of roads and other infrastructure by the Town not later than the end of 2005, (2) a fair -share infrastructure payment of $441,837 by Reyher Partnership and Marana 348 Limited Partnership to the Town as part of the subdivision assurances on the residential lands, and (3) a restriction on the use of certain lands surrounding the Marana Municipal Complex for commercial purposes only. RECOMMENDATION: Staff recommends that Mayor and Council adopt Ordinance No. 2003.23 SUGGESTED MOTION: I move to approve Ordinance No. 2003.23. Marana Ordinance No. 2003.23 09/09/2003 4:06 PM MARANA ORDINANCE NO. 2003.23 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING AN EXCHANGE OF REAL PROPERTY LOCATED IN THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 11 EAST, RANGE 11 SOUTH, G &SRB &M FOR OTHER PARCELS OF SUBSTANTIALLY EQUAL VALUE IN THE SAME AREA FOR PURPOSES INCLUDING THE RECONFIGURATION OF THE NEW MARANA MUNICIPAL COMPLEX AND THE CREATION OF PUBLIC ROADS AND OTHER IMPROVEMENTS TO SERVE THE NEW MARANA MUNICIPAL COMPLEX; AUTHORIZING THE MAYOR TO EXECUTE A REAL ESTATE EXCHANGE AND DEVELOPMENT AGREEMENT AND ANY DEEDS AND OTHER DOCUMENTS NECESSARY TO ACCOMPLISH THE EXCHANGE; AND DECLARING AN EMERGENCY. WHEREAS, the Town of Marana entered into a "Public Facility Acquisition Agreement" dated May 24, 1999 (the "1999 Agreement ") for the acquisition of real property located in the northwest quarter of section 27, township 11 east, range 11 south, G &SRB &M for the development of the new Marana Municipal Complex; and WHEREAS, the Town of Marana determined that it is necessary to reconfigure and enlarge the site of the Marana Municipal Complex and associated public improvements (collectively, the "MMC Site") to (among other things) acquire from the owners of the surrounding property an additional acre of land for a fire station, additional right of way for Civic Center Drive and Main Street, and easements for Town drainage improvements, and to transfer to the owners of the surrounding property certain land no longer needed for the MMC Site, all as specifically described and mapped on the exhibits attached to the Real Estate Exchange and Development Agreement ; and WHEREAS, the parcels of land being exchanged are of substantially equal value; and, WHEREAS, A.R.S. § 9 -407 requires land exchanges to be authorized by ordinance. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. The exchange of lands as set forth in the document entitled "Real Estate Exchange and Development Agreement" presented to the Mayor and Council concurrently with this Ordinance is hereby authorized pursuant to the terms and conditions set forth in that Agreement. i Marana Ordinance No. 2003.23 Page 1 of 2 Section 2. The Mayor is hereby authorized to execute the Real Estate Exchange and Development Agreement and any and all deeds and other related documents necessary to carry out the terms of the Agreement. Section 3. It is necessary for the preservation of the peace, health, and safety of the Town of Marana that this ordinance become immediately effective; therefore, an emergency is hereby declared to exist and this ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16 day of September, 2003. Mayor BOBBY SUTTON, JR. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Ordinance No. 2003.23 Page 2 of 2 REAL ESTATE EXCHANGE AND DEVELOPMENT AGREEMENT THIS AGREEMENT ( "Agreement ") is made and entered into by and between THE TOWN OF MARANA, an Arizona municipal corporation (the "Town "), REYHER PARTNERSHIP, an Arizona general partnership ( "Reyher ") and MARANA 348 LIMITED PARTNERSHIP, an Arizona limited partnership ( "Marana 348 "). Reyher and Marana 348 are referred to collectively as the "Owner." The Town, Reyher and Marana 348 are sometimes collectively referred to as the "Parties." RECITALS A. The Parties entered into a "Public Facility Acquisition Agreement" dated May 24, 1999 (the "1999 Agreement"). B. Among other things, the 1999 Agreement provided terms and conditions for the transfer and sale of land from the Owner to the Town for the construction of a new Town Hall and Civic Center Site (the "Marana Municipal Complex "). C. The Marana Municipal Complex as conveyed by the Owner to the Town pursuant to the 1999 Agreement was as set forth in the legal description and map attached as Exhibit A (the "Original Configuration "). D. The Town has determined that it is necessary to reconfigure and enlarge the site of the Marana Municipal Complex and associated public improvements (collectively, the "MMC Site ") to (among other things) acquire an additional acre of land for a fire station, acquire additional right of way for Civic Center Drive and Main Street, acquire easements for Town drainage improvements, and transfer to the Owner certain land no longer needed for the MMC Site. The various parcels that are affected by the reconfiguration (not all of which are addressed by this Agreement) are set forth in the legal descriptions and maps attached as Exhibit A through Exhibit J. E. To establish the character of the MMC Site and surrounding areas as a business center, the Town desires certain portions of the Owner -owned property in the immediate area of the MMC Site to be reserved for commercial purposes. F. The Owner has acquired the Reyher House for the Town, to connect Grier Road and Main Street. AGREEMENT Now, THEREFORE, in consideration of the foregoing premises and the mutual covenants set forth in this Agreement, the Parties hereby agree as follows: 1. Exchange of land. No later than September 30, 2003, the Parties will complete the following exchange of land: TOWN OF MARAK4 /M4R4NA MUNICIPAL COMPLEX REAL ESTATE EXCHANGE & DEVELOPMENT AGREEMENT 1 09/03/2003 7:12 PM (A) Town to Owner. The Town shall transfer to the Owner fee title to the portions of the Original Configuration identified as Parcel 1 and Parcel 2 as set forth in the legal descriptions and map attached as Exhibit B. (B) Owner to Town. Owner shall donate to the town the following lands and interests: (i) Fee title to the MMC Site expansion identified as Parcel 3 as set forth in the legal description and map attached as Exhibit B. (ii) Fee title to the road right -of -way identified as Parcel 4 and Parcel 5 as set forth in the legal descriptions and map attached as Exhibit C. (iii) Fee title to the road right -of -way identified as Parcel 8 and Parcel 10 as set forth in the legal descriptions and map attached as Exhibit D. (iv) Fee title to the portion of land needed for a fire station identified as "Fire Station South" as set forth in the legal description and map attached as Exhibit G. (v) Fee title to the parcel identified as "Reyher Partnership Parcel" as set forth in the legal description and map attached as Exhibit H. (vi) Permanent easements over the parcels identified as "Access and Drainage Easement" (1) and (2) as set forth in the legal descriptions and map attached as Exhibit I. 2. Restriction of land to commercial uses. Owner shall restrict to commercial uses those Owner - owned lands identified as "Block 1," "Block 2," "Block 3" and "Block 4" on the map attached as Exhibit J, which areas may not be used for purposes other than commercial development without the consent of the Marana Town Manager, whose decision may be appealed to the Marana Town Council. 3. Town improvements. Not later than December 31, 2005, the Town will construct Civic Center Drive and Main Street and provide lighting, landscaping, hardscape, drainage, and wet and dry joint trench utilities and turnouts, all as shown on the improvement plans prepared by the WLB Group and on file with the Town's Development Services Center. The Town shall also be responsible for construction and maintenance of the drainage facilities located on "Access and Drainage Easement" (1) and (2) as set forth in the legal descriptions and map attached as Exhibit I. 4. No further assessments or special fees. Except as otherwise provided in paragraphs 5 and 6 of this Agreement, Town shall not adopt or impose on Owner's remaining property any additional assessments or impact fees that are not adopted and uniformly applied in the Town, or costs associated with development of Owner's remaining property beyond routine and customary application, review and permitting fees and assessments for the Lower Santa Cruz bank protection. However, additional reasonable landscape requirements may be imposed by the Town on individual builders' projects, which landscaping shall be incidental to that respective project. 5. Parks. The 185 square foot per dwelling unit on -site park and recreation requirement and any requirement for dedication of land for regional parks shall be satisfied in full through the dedication of drainage areas on the north side of the property and construction of a pedestrian trail connecting the residential portions of the Owner's remaining property to the Ora Mae Ham Regional Park. In addition, a $1,000 per dwelling unit assessment may be imposed upon issuance TOWN OF MARANA /MARANA MUNICIPAL COMPLEX REAL ESTATE EXCHANGE & DEVELOPMENT AGREEMENT -2- 09/03/2003 7:12 PM of building permits on Owner's remaining property for regional park improvements which must be used within the area of the MMC Site. 6. Transportation. In consideration of Owner's dedication of land by this Agreement and Owner's payment of $441,837 as Owner's fair share contribution toward infrastructure, the Town shall not impose any other assessments or impact fees that are not adopted and uniformly applied, and shall not require dedications for transportation purposes. This $441,837 shall be charged against the Owner's residential lands consisting of a total of about 40.5 acres identified as "Block 5" and "Block 6" on the map attached as Exhibit J. This $441,837 obligation shall be included as Owner's infrastructure costs covered by subdivision assurances for Block 5 and Block 6. As payments are made toward this $441,837 obligation, the subdivision assurances for Block 5 and Block _6 associated with this $441,837 obligation shall be released proportionately based on acreage. 7. No Plan Amendment required. The reconfiguration of the roads and parcels and the development of commercial and residential parcels as depicted on attached Exhibit A are being done at the request of the Town and are consistent with the requirements of the Rancho Marana Specific Plan. As such, these modifications do not require a rezoning or plan amendment of the Rancho Marana Specific Plan and said properties may proceed with block platting, subdivision platting and/or development plans as may be appropriate, within the terms and conditions of the Specific Plan, Norwest Marana Area Plan and applicable Town codes. 8. Modification of the 1999 Agreement. This Agreement amends and supercedes the 1999 Agreement. 9. Inclusion in Northwest Fire District. Owner shall take all steps necessary to annex into the Northwest Fire District all of the properties identified as "Block 1," "Block 2 ", "Block 3 ", "Block 4," "Block 5" on the map attached as Exhibit J not later than the date an application for subdivision plat or development plan is submitted for any portion of those properties. 10. Not a subdivision. The reconfiguration of the MMC Site and the location of surrounding public infrastructure have been accomplished as an accommodation to and at the request and direction of the Town. The division of the lands shown on the map attached as Exhibit J into separate parcels by virtue of the creation of Marana Main Street and Civic Center Drive, by the exchange of land needed for the Marana Municipal Complex and by the transfer of land needed for the new fire station are acknowledged to be actions of the Town, and are not counted against or attributable to the Owner for purposes of the Arizona subdivision laws. 11. Development agreement. To the extent this Agreement governs the uses and development of property, it shall be considered a development agreement executed under the authority of A.R.S. § 9- 500.05. 12. Notices. All notices, requests and other communications under this Agreement shall be given in writing and either (i) personally served on the party to whom it is given, or (ii) mailed by registered or certified mail, postage prepaid, return receipt requested, or (iii) sent by private overnight courier such as Federal Express or Airborne, or (iv) transmitted by facsimile (provided that a confirming copy of the facsimile transmission is mailed on the date of such transmission), addressed as follows: To;vN OF MARANA IMARANA MUNICIPAL COMPLEX REAL ESTATE EXCHANGE & DEVELOPMENT AGREEMENT -3- 09/03/2003 7:12 PM If to the Town: TOWN OF MARANA 13251 N. Lon Adams Road Marana, Arizona 85653 -9723 (520) 682 -3401 Fax (520) 682 -9026 If to the Owner: GREG WEXLER 7995 North Business Park Drive Tucson, AZ 85743 (520) 744 -8500 Fax (520) 744 -0749 With a copy to: BARRY A. EBERT 7610 East McDonald Drive, Suite H Scottsdale, Arizona 85258 (480) 998 -7232 Fax (480) 998 -3996 All notices shall be deemed given when delivered or transmitted by facsimile or, if mailed as provided above, on the second day after the day of mailing, and if sent by overnight courier, on the next day after the date of deposit with the courier. Any party may change its address for the receipt of notices at any time by giving written notice thereof to the other parties in accordance with the terms of this section. The inability to deliver notice because of a changed address of which no notice was given, or rejection or other refusal to accept any notice, shall be deemed to be the effective receipt of the notice as of the date of such inability to deliver or rejection or refusal to accept. 13. Miscellaneous. (A) This Agreement may not be modified except in a writing signed by the Parties. (B) Time is of the essence of this Agreement. (C) This Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona, and any lawsuit to enforce any provision of this Agreement or to obtain any remedy with respect to this Agreement shall be brought in the Pima County Superior Court, and for this purpose the Parties expressly and irrevocably consent to the jurisdiction of the Pima County Superior Court. (D) If either of the Parties fails to perform any of its obligations under this Agreement or if a dispute arises concerning the meaning or interpretation of any provision of this Agreement, the defaulting parry or the parry not prevailing in the dispute, as the case may be, shall pay any and all costs and expenses incurred by the other parry in enforcing or TOWN OF AL4RANA /MARANA MUNICIPAL COMPLEX REAL ESTATE EXCHANGE & DEvELOPMENT AGREEMENT -4- 09/03/2003 7:12 PM 4 y establishing its rights under this Agreement, including, without limitation, court costs and reasonable attorneys' fees. (E) The captions and section numbers appearing in this Agreement are inserted only as a matter of convenience, and do not define, limit, construe or describe the scope or intent of such sections or articles of this Agreement. (F) This Agreement may be executed in multiple counterparts, each of which shall, for all purposes, be deemed an original and all of which, taken together, shall constitute one and the same agreement. (G) This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors in interest and assigns; provided, however, that no assignment of this Agreement shall in any way relieve the assignor of its obligations under this Agreement. (H) This Agreement is subject to A.R.S. § 38 -511, which provides for cancellation of contracts in certain instances involving conflicts of interest. (I) Exhibits referred to in this Agreement are attached to and incorporated by reference as if set forth in full in this Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the last date set forth below their respective signatures. TOWN: OWNER: THE TOWN OF MARANA, an Arizona REYHER PARTNERSHIP, an Arizona general municipal corporation partnership ( "Reyher ") By: Trident Marana Properties, Inc. Managing Partner By: Bobby Sutton, Jr., Mayor By: Date: Barry A. Ebert, Vice President Date: ATTEST: MARANA 348 LIMITED PARTNERSHIP, an Arizona limited partnership ( "Marana 348 ") Jocelyn C. Bronson, Clerk By: Robert Sarver, General Partner Date: TOWN OF MARANA /MARANA MUNICIPAL COMPLEX REAL ESTATE EXCHANGE & DEVELOPMENT AGREEMENT -5- 09/03/2003 7:12 PM STATE OF ARIZONA ) SS County of Pima ) The foregoing instrument was acknowledged before me on by Barry A. Ebert, Vice President of TRIDENT MARANA PROPERTIES, INC., Managing Partner of REYHER PARTNERSHIP, an Arizona general partnership, on behalf of the partnership. My commission expires: Notary Public STATE OF ARIZONA ) SS County of Pima ) The foregoing instrument was acknowledged before me on by Robert Sarver, General Partner, on behalf of MARANA 348 LIMITED PARTNERSHIP, an Arizona limited partnership. My commission expires: Notary Public • TOWN OF MARANA /MARANA MUNICIPAL COMPLEX REAL ESTATE EXCHANGE & DEVELOPMENT AGREEMENT -6- 09/03/2003 7:12 PM 1 % REAL ESTATE EXCHANGE AND DEVELOPMENT AGREEMENT ` THIS AGREEMENT ( "Agreement ") is made and entered into by and between THE TowN OF MARANA, an Arizona municipal corporation (the "Town "), REYHER PARTNERSHIP, an Arizona general partnership ( "Reyher ") and MARANA 348 LIMITED PARTNERSHIP, an Arizona limited partnership C'Marana 348 "). Reyher and Marana 348 are referred to collectively as the "Owner." The Town, Reyher and Marana 348 are sometimes collectively referred to as the "Parties." RECITALS A. The Parties entered into a "Public Facility Acquisition Agreement" dated May 24, 1999 (the "1999 Agreement"). B. Among other things, 'the 1999 Agreement provided terms and conditions for the transfer and sale of land from the Owner to the Town for the construction of a new Town Hall and Civic Center Site (the " Marana Municipal Complex "). = C. The Marana Municipal Complex as conveyed by the Owner to the Town pursuant to the 1999 Agreement was as set forth in the legal description and map attached as Exhibit A (the "Original Configuration "). = D. The Town has determined that it is necessary to reconfigure and enlarge the site of the Marana Municipal Complex and associated public improvements (collectively, the "MMC Site ") to (among other things) obtain ownership of an additional acre of land for a fire station, additional right of way for Civic Center Drive and Main Street, and easements for Town drainage improvements, and that it no longer needs some of the land obtained under the 1999 Agreement for the MMC Site. The various parcels that are affected by the reconfiguration (not all of which are addressed by this Agreement) are set forth in the legal descriptions and maps attached as Exhibit A through Exhibit J. E. To establish the character of the MMC Site and surrounding areas as a business center, the Town desires certain portions of the Owner -owned property in the immediate area of the MMC Site to be reserved for commercial purposes. F. The Owner is willing to exchange similar -sized land with the Town for the main parcel of the MMC Site, and will donate additional land and easements to the Town as a charitable donation separate and apart from this Agreement. AGREEMENT Now, THEREFORE, in consideration of the foregoing premises and the mutual covenants set forth in this Agreement, the Parties hereby agree as follows: 1. Exchange of land. No later than September 30, 2003, the Parties will complete the following exchange of land: ToTfw OF MARA \:4 /MARANA MUNICIPAL COMPLEX REAL ESTATE EXCHANGE & DEPELOPMENT AGREEMENT - 1 - 09!162003 10:03 AM y (A) Town to Owner. The Town shall transfer to the Owner fee title to the portions of the Original Configuration identified as Parcel 1 and Parcel 2 as set forth in the legal descriptions and map attached as Exhibit B. (B) Owner to Town. Owner shall transfer to the Town the MMC Site expansion identified as Parcel 3 as set forth in the legal description and map attached as Exhibit B. 2. Restriction of land to commercial uses. Owner shall restrict to commercial uses those Owner -owned lands identified as "Block 1, "Block 2," "Block 3" and "Block 4" on the map attached as Exhibit J, which areas may not be used for purposes other than commercial development without the consent of the Marana Town Manager, whose decision may be appealed to the Marana Town Council. 3. Town improvements. Not later than December 31, 2005, the Town will construct Civic Center Drive and Main Street and provide lighting, landscaping, hardscape, drainage, and wet and dry joint trench utilities and turnouts, all as shown on the improvement plans prepared by the WLB Group and on file with the Town's Development Services Center. The Town shall also be responsible for construction and maintenance of the drainage facilities located on "Access and Drainage Easement" (1) and (2) as set forth in the legal descriptions and map attached as Exhibit I. 4. No further assessments or special fees. Except as otherwise provided in paragraphs 5 and 6 of this Agreement, Town shall not adopt or impose on Owner's remaining property any additional assessments or impact fees that are not adopted and uniformly applied in the Town, or costs associated with development of Owner's remaining property beyond routine and customary application, review and permitting fees and assessments for the Lower Santa Cruz bank protection. However, additional reasonable landscape requirements may be imposed by the Town on individual builders' projects, which landscaping shall be incidental to that respective project. 5. Parks. The 185 square foot per dwelling unit on -site park and recreation requirement and any requirement for dedication of land for regional parks shall be satisfied in full through the dedication of drainage areas on the north side of the property and construction of a pedestrian trail connecting the residential portions of the Owner's remaining property to the Ora Mae Ham Regional Park. In addition, a $1,000 per dwelling - assessment may b imposed upon issuance of building permits on Owner's remaining property for regional park improvements which must be used within the area of the MMC Site. 6. Transportation. In consideration of Owner's payment of $441,837 as Owner's fair share contribution toward infrastructure, the Town shall not impose any other assessments or impact fees that are not adopted and uniformly applied, and shall not require dedications for transportation purposes. This $441,837 shall be charged against the Owner's residential lands consisting of a total of about 40.5 acres identified as "Block 5" and "Block 6" on the map attached as Exhibit J. This $441,837 obligation shall be included as Owner's infrastructure costs covered by subdivision assurances for Block 5 and Block 6. As payments are made toward this $441,837 obligation, the subdivision assurances for Block 5 and Block 6 associated with this $441,837 obligation shall be released proportionately based on acreage. 7. No Plan Amendment required. The reconfiguration of the roads and parcels and the development of commercial and residential parcels as depicted on attached Exhibit A are being done at the request of the Town and are consistent with the requirements of the Rancho Marana TOWN OFMARAA'A /MARAA�A MUNICIPAL COMPLEX REAL ESTATE EXCHANGE R DEVELOPMENT AGREEMENT -2- 09116!3003 10:03 AM Specific Plan. As such, these modifications do not require a rezoning or plan amendment of the Rancho Marana Specific Plan and said properties may proceed with block platting, subdivision platting and/or development plans as may be appropriate, within the terms and conditions of the Specific Plan, Norwest Marana Area Plan and applicable Town codes. 8. Modification of the 1999 Agreement. This Agreement amends and supercedes the 1999 Agreement. , 9. Inclusion in Northwest Fire District. Owner shall take all steps necessary to annex into the Northwest Fire District all of the properties identified as "Block 1," "Block 2 ", "Block 3 ", "Block 4," "Block 5" on the map attached as Exhibit J not later than the date an application for subdivision plat or development plan is submitted for any portion of those properties. 10. Not a subdivision. The reconfiguration of the MMC Site and the location of surrounding public infrastructure have been accomplished as an accommodation to and at the request and direction of the Town. The division of the lands shown on the map attached as Exhibit J into separate parcels by virtue of the creation of Marana Main Street and Civic Center Drive, by the exchange of land needed for the Marana Municipal Complex and by the Owner's donation of land are acknowledged to be actions of the Town, and are not counted against or attributable to the Owner for purposes of the Arizona subdivision laws. 11. Development agreement. To the extent this Agreement governs the uses and development of property, it shall be considered a development agreement executed under the authority of A.R.S. § 9- 500.05. 12. Notices. All notices, requests and other communications under this Agreement shall be given in writing and either (i) personally served on the party to whom it is given, or (ii) mailed by registered or certified mail, postage prepaid, return receipt requested, or (iii) sent by private overnight courier such as Federal Express or Airborne, or (iv) transmitted by facsimile (provided that a confirming copy of the facsimile transmission is mailed on the date of such transmission), addressed as follows: If to the Town: TOWN OF MARANA 13251 N. Lon Adams Road Marana., Arizona 85653 -9723 (520) 682 -3401 Fax (520) 682 -9026 If to the Owner: GREG WEXLER 7995 North Business Park Drive Tucson, AZ 85743 (520) 744 -8500 Fax (520) 744 -0749 ToivNOFMARAN _4IMAR4NA MUNICIPAL COMPLEX REALESTATEEXCHANGE &DElELOPMENTAGREEMENT -3- 09/16/2003 10:03 AM With a copy to: BARRY A. EBERT 7610 East McDonald Drive, Suite H Scottsdale, Arizona 85258 (480) 998 -7232 Fax (480) 998 -3996 All notices shall be deemed given when delivered or transmitted by facsimile or, if mailed as provided above, on the second day after the day of mailing, and if sent by overnight courier, on the next day after the date of deposit with the courier. Any party may change its address for the receipt of notices at any time by giving written notice thereof to the other parties in accordance with the terms of this section. The inability to deliver notice because of a changed address of which no notice was given, or rejection or other refusal to accept any notice, shall be deemed to be the effective receipt of the notice as of the date of such inability to deliver or rejection or refusal to accept. 13. Miscellaneous. (A) This Agreement may not be modified except in a writing signed by the Parties. (B) Time is of the essence of this Agreement. (C) This Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona, and any lawsuit to enforce any provision of this Agreement or to obtain any remedy with respect to this Agreement shall be brought in the Pima County Superior Court, and for this purpose the Parties expressly and irrevocably consent to the jurisdiction of the Pima County Superior Court. (D) If either of the Parties fails to perform any of its obligations under this Agreement or if a dispute arises concerning the meaning or interpretation of any provision of this Agreement, the defaulting party or the party not prevailing in the dispute, as the case may be, shall pay any and all costs and expenses incurred by the other party in enforcing or establishing its rights under this Agreement, including, without limitation, court costs and reasonable attorneys' fees. (E) The captions and section numbers appearing in this Agreement are inserted only as a matter of convenience, and do not define, limit, construe or describe the scope or intent of such sections or articles of this Agreement. (F) This Agreement may be executed in multiple counterparts, each of which shall, for all purposes, be deemed an original and all of which, taken together, shall constitute one and the same agreement. y (G) This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors in interest and assigns; provided, however, that no assignment of this Agreement shall in any way relieve the assignor of its obligations under this Agreement. (H) This Agreement is subject to A.R.S. § 38 -511, which provides for cancellation of contracts in certain instances involving conflicts of interest. TOA7v OF MAiu A /MARANA MUNICIPAL COMPLEX REAL ESTATE EXCHANGE & DEVELOPMENT AGREEMENT -4- 09/16/2003 10:03 AM (1) Exhibits referred to in this Agreement are attached to and incorporated by reference as if set forth in full in this Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the last date set forth below their respective signatures. TOWN: OWNER: f THE TOWN OF MARANA, an Arizona REYHER PARTNERSHIP, an Arizona general municipal corporation partnership ( "Reyher ") By: Trident Marana Properties, Inc. Managing Partner By: Bobby Sutton, Jr., Mayor By: Date: Barry A. Ebert, Vice President Date: ATTEST: MARANA 348 LIMITED PARTNERSHIP, an Arizona limited partnership ( "Marana 348') Jocelyn C. Bronson, Clerk By: Robert Sarver, General Partner Date: T011'N OF MAR .v.4 /MARANA MUNICIPAL COMPLEX REAL ESTATE EXCHANGE & DEVELOPMENT AGREEMENT -5- 09/162003 10:03 AM s { STATE OF ARIZONA ) SS County of Pima ) The foregoing instrument was acknowledged before me on by Barry A. Ebert, Vice President of TRIDENT MARANA PROPERTIES, INC., Managing Partner of REYHER PARTNERSHIP, an Arizona general partnership, on behalf of the partnership. My commission expires: Notary Public STATE OF ARIZONA ) ss County of Pima ) The foregoing instrument was acknowledged before me on by Robert Sarver, General Partner, on behalf of MARANA 348 LIMITED PARTNERSHIP, an Arizona limited partnership. My commission expires: Notary Public To;r OF MARAA.4 /MARANA MUNICIPAL COMPLEX REAL ESTATE EaCHANGE & DEPELOPMEAT AGREEMENT -6- 09/16/2003 10:03 AM REHYER PARCEL G ROA EXISTING ACCESS AND DRAINAGE EASEMENT RESIDENTIAL 2.5 AC. I BLOCK 6 HDR q 12.1 AC. FIRE STATION 1.0 AC. BLOCK 3 , C -1 I EXISTING FIRE STATION °'R.o.w 29 AC, RESIDENTIAL 1.0 AC. 330' MARANA 4 - 330' ¢ APARTMENTS 5 AC. BLOCK 5 \ HDR Z 28.4 AC. Q PROPOSED R.O.W. \ EXISTING 7.8 AC. RESIDENTIAL Q I BLOCK 2 z I �; z C 1 " 6.0 AC. O BLOCK 1 39 ' C -1 16.2 AC. I POST OFFICE 500' 4 � l l 5 4 . 0 � 325 ' �F 350' -� EXISTING TOWN CENTER 5 AC. EXCLUDED BARNETT ROAD BLOCK 4 C -1 PROPOSED TOWN CENTER 3.6 AC. 15.9 AC. REHYER PARCEL LAND EXCHANGE EXHIBIT EXHIBIT A EXHIBIT F �r EXHIBIT B EXHIBIT G EXHIBIT C EXHIBIT H EXHIBIT D EXHIBIT I EXHIBIT E The ®o' zoo' aoo' WLB Group AUGUST 4, 2003 L' \18p618V:oncaq Pbn VaiM avcM1a�ga ar JVg P1 11.1 WLB #: 199049 -B -001 ° N 21 MARANA ORDINANCE NO. 2003.23 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING AN EXCHANGE OF REAL PROPERTY LOCATED IN THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 11 EAST, RANGE 11 SOUTH, G &SRB &M FOR OTHER PARCELS OF SUBSTANTIALLY EQUAL VALUE IN THE SAME AREA FOR PURPOSES INCLUDING THE RECONFIGURATION OF THE NEW MARANA MUNICIPAL COMPLEX AND THE CREATION OF PUBLIC ROADS AND OTHER IMPROVEMENTS TO SERVE THE NEW MARANA MUNICIPAL COMPLEX; AUTHORIZING THE MAYOR TO EXECUTE A REAL ESTATE EXCHANGE AND DEVELOPMENT AGREEMENT AND ANY DEEDS AND OTHER DOCUMENTS NECESSARY TO ACCOMPLISH THE EXCHANGE; AND DECLARING AN EMERGENCY. WHEREAS, the Town of Marana entered into a "Public Facility Acquisition Agreement" dated May 24, 1999 (the "1999 Agreement ") for the acquisition of real property located in the northwest quarter of section 27, township 11 east, range 11 south, G &SRB &M for the development of the new Marana Municipal Complex; and WHEREAS, the Town of Marana determined that it is necessary to reconfigure and enlarge the site of the Marana Municipal Complex and associated public improvements (collectively, the "MMC Site") to (among other things) acquire from the owners of the surrounding property an additional acre of land for a fire station, additional right of way for Civic Center Drive and Main Street, and easements for Town drainage improvements, and to transfer to the owners of the surrounding property certain land no longer needed for the MMC Site, all as specifically described and mapped on the exhibits attached to the Real Estate Exchange and Development Agreement ; and WHEREAS, the parcels of land being exchanged are of substantially equal value; and, WHEREAS, A.R. S. § 9 -407 requires land exchanges to be authorized by ordinance. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council ofthe Town ofMarana, Arizona, as follows: Section 1. The exchange of lands as set forth in the document entitled "Real Estate Exchange and Development Agreement" presented to the Mayor and Council concurrently with this Ordinance is hereby authorized pursuant to the terms and conditions set forth in that Agreement. Marana Ordinance No. 2W3.23 Page 1 of 2 Section 2. The Mayor is hereby authorized to execute the Real Estate Exchange and Development Agreement and any and all deeds and other related documents necessary to carry out the terms of the Agreement. Section 3. It is necessary for the preservation of the peace, health, and safety of the Town of Marana that this ordinance become immediately effective; therefore, an emergency is hereby declared to exist and this ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16' day of September, 2003. Mayor BOBBY SUTTON, JR. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Mamw Ordinance No. 2403.23 Page 2 of 2 TOWN COUNCIL TOWN • MEETING OF INFORMATION MARANA DATE: September 16, 2003 AGENDA ITEM: IX. B. 3 TO: Mayor and Council FROM: Farhad Moghimi, P.E., Public Works Director/Town Engineer SUBJECT: Discussion/Direction: For information on the Regional Effluent Planning Partnership DISCUSSION: Mark Myers will be doing a presentation on the Regional Effluent Planning Partnership (REPP). REPP is a Federal/local planning study with the Bureau of Reclamation (the Bureau), which has potential to receive Congressional authorization to participate as well as funding under Title 16. The formal name for the study in the Federal Budget is the "Tucson Area Water Reuse Study ". REPP began several years ago as a multi - partner, broad based regional planning forum for effluent u tilization. T his s tudy f ocuses o n t wo s pecific p roj ects - (1) t he T own o f M arana's proposed Westside Effluent Reuse Pipeline and agriculture distribution system (WERP); and (2) expansion for the City of Tucson's reclaimed water system. RECOMMENDATION: None SUGGESTED MOTION: For information onl • 09/10/20033:51 PM 4 , REGIONAL EFFLUENT PLANNING PARTNERSHIP STATUS SUMMARY July 2, 2003 The Regional Effluent Planning Partnership (REPP) is a Federal/local planning study with the Bureau of Reclamation (the Bureau), which received its Congressional authorization to participate (as well as its funding) under Title 16. The formal name for the study in the Federal budget is the "Tucson Area Water Reuse Study". The authorizing legislation calls for a feasibility study, which, under Federal guidelines, is indicative that a project will be proposed for construction. REPP, which began several years ago as a multi - partner, broad -based regional planning forum for effluent utilization, has significantly shifted its focus over the past two to three years. The study now is focused on two specific projects —(1) the Town of Marana's proposed Westside Effluent Reuse Pipeline and agricultural distribution system (WERP); and (2) expansion of the City of Tucson's reclaimed water system. Though the nature of the study has evolved over time, the Congressional and Title 16 requirements for the study have not changed, except for an extension of deadlines. The Bureau must still submit feasibility studies (including preliminary environmental analysis) to Congress for each of the two projects now encompassed by the study. The current plan is to complete the feasibility studies by September 30, 2003, which is the end of the Federal fiscal year. This deadline is important from a funding perspective, as no Federal funding is currently programmed for REPP for the next Federal fiscal year. WERP consists of two elements that can be constructed and operated independently of each other. The first element is a pipeline from the Ina Road wastewater treatment plant that would provide effluent as a water supply for parks, schoolyards and environmental enhancement projects along the Santa Cruz River between Ina Road and the Rillito Narrows. The pipeline would be gravity flow, requiring no pumping station, and would be relatively small in diameter— providing only a few thousand acre -feet of effluent per year. The second element of WERP is a much larger system designed to divert effluent from the Santa Cruz River about '/2 mile upstream of Avra Valley Road and provide it for agricultural use (and eventually urban non - potable uses) west and northwest of the Rillito Narrows. This system design includes an inflatable dam (with a possible infiltration gallery alternative), a pump station, and a substantial distribution system of large - diameter pipe. Marana has provided staff and consultant support for the development of WERP— meeting its matching fund obligations through in -kind services. Agricultural representatives have been involved in determining demand quantities, flow rates and pipeline alignments for the agricultural system. Expert Bureau staffers have provided the engineering design and cost estimates for the system, as well as the preliminary environmental analysis. The Bureau staff, with editing assistance from Marana staff, is drafting the feasibility study for submittal to Congress this fall. Future construction of either of the components of WERP will depend on a number of factors. First, Marana must either acquire sufficient effluent to justify construction of one or both of the project elements or, in the alternative, partners with substantial effluent resources (either the Federal government or City of Tucson) must sign on. Second, the concepts must be reviewed and approved by appropriate Marana governing bodies and the general public. Third, construction funding must be acquired. If WERP remains in the Title 16 funding queue, it can be eligible for a 25% Federal funding participation, but Title 16 funds are scarce and subject to a lot of competition. There is also some question about the long- term viability of Title 16, as it comes under periodic attack from the Office of Management and Budget. Several local funding mechanisms are also being evaluated, with one key element being that the projects must be self-funded by user fees and a second that the financing not `squeeze' the bonding capacity of Marana or possible local partners. Three possibilities for financing the project are: (1) formation of a multi- jurisdictional facilities district as provided under the legislation recently passed by the Arizona State Legislature; (2) working with the Water Infrastructure Financing Authority; and (3) capitalization by a major beneficiary of the long -term storage credits that would be earned. It is important to emphasize that no commitment has yet been made to final design and construction of the WERP projects. The focus to this point has been to develop sufficient information about project design details and potential demand to complete the feasibility study. With this information in hand, the projects become viable water resource options for future consideration by Mayor and Council. i TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: September 16, 2003 AGENDA ITEM: IX. B. 4 TO: Mayor and Council FROM: Joel D. Shapiro, Planning Director SUBJECT: Resolution No. 2003 -103 — Gladden Farms Block 6 Preliminary Plat: A request by Richmond American Homes for preliminary plat approval of a 112 -lot single family detached home subdivision on approximately 25 acres within the Gladden Farms Development. The proposed subdivision will be located on Block 6 of the Gladden Farms Block Plat, directly south of Moore Road and east of the new Lon Adams Road, within Section 34, Township 11 South, and Range 11 East. DISCUSSION: This project was presented to the Planning Commission on July 30, 2003. The Planning Commission is forwarding this preliminary plat to the Town Council with a unanimous recommendation of approval. Gladden Farms Block 6 is located within the Gladden Farms development and is located directly south of Moore Road and east of the new Lon Adams Road, within Section 34, Township 11 South, Range 11 East. This Preliminary Plat consists of 112 single - family detached home lots on 24.71 acres. Included in this subdivision are Lots 1 through 112 and Common Areas "A" through "C ". This project is zoned R -6, which requires a minimum lot size of 6,000 square feet. The average lot size is 6,270 square feet with typical lot dimensions of 55'x110'. This project will contain both single and two -story homes. The subdivision is limited to 30% or four (4) two -story homes along Lon Adams Road, per the Northwest Marana Area Plan. Additionally, general note #38 restricts the overall number of two -story homes to a maximum of 50% of the total number of homes and no more than two (2) consecutive two - story homes adjacent to one another. This note also allows them to follow any new code amendment that may be approved by the Town Council prior to them submitting building permits. Currently, Richmond is not requesting relief from the 25 foot height limitation of the R -6 zone. The Northwest Marana Area Plan requires a minimum separation between structures of 15 feet. General note #39 has been added to this plat that requires any homes in excess of 25 feet to have a mandatory 20 feet separation between houses. Additionally, general note numbers 40, 41, 42 and 43 address the Town Council concerns that were expressed with previous Gladden plats Block 11 and 12, have been added to this plat. These notes discuss fence returns placed near the back of the homes to allow for more front yard landscaping, no two homes with the same elevation or color scheme shall be permitted adjacent to one another and the amendment to Title 5 of the Land Development Code. This project will have one access off of the newly created Lon Adams Road. Block 6 also connects to Block 12 to the south by way of Nep Lane. The off -site park and recreation requirement has been met per an approved development agreement with Gladden Farms, L.L.C., in which they agreed to dedicate Parcels 26, 27, 28 & 29 of the Gladden Farms Block Plat to the Town for park facilities, trail system and flood control purposes. The Developer will also improve a portion of the 42 -acre Parcel 26. The developer has also agreed to pay a $100 per unit (home) Park Improvement Contribution for the Park Improvements, payable upon the release of the assurances or issuance of substitute assurances. The on -site park and recreation requirement is a minimum of 185 square feet of improved recreation area per lot with in the subdivision. Block 6 requires a minimum of 20,720 square feet of improved recreation area. The active recreation area has been planned for a portion of Common Area "C ", which is located centrally and also on the west side of the subdivision. The proposed on -site park plan has been approved by the Parks and Recreation director, with the addition of shade structures over the play equipment. Staff has had concerns over the treatment of the entire eastern boundary of the Gladden Farms Development. There is a 50 feet wide area that runs along the east side of the property that currently exists as the dirt Postvale alignment. The west 25 feet of this area is a CMID easement. Staff is aware that little to no landscape treatment of this easement will be allowed. Staff would like to see enhanced treatment of the east 25 feet. Staff has had meetings with Gladden Forest regarding the possibility of this area being dedicated to the Town who would landscape and maintain this area. This could provide a nice trail system between the Santa Cruz River and the Ora Mae Ham Park. Staff will continue the discussions with Gladden Forest as well as the individual builders and all finalization will be taken care of at the final plat stage. Richmond American and Gladden Forest are willing to dedicate this area and they have currently identified it as to be dedicated by final plat to the Town of Marana. RECOMMENDATION: Staff recommends approval. SUGGESTED MOTION: I move to approve Resolution No. 2003 -103. MARANA RESOLUTION NO. 2003-103 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MAR.ANA, ARIZONA, APPROVING A PRELIMINARY PLAT FOR GLADDEN FARMS BLOCK 6 ON 24.71 ACRES, CONSISTING OF A 112 -LOT SINGLE - FAMILY RESIDENTIAL SUBDIVISION IN SECTION 34, TOWNSHIP 11 SOUTH, RANGE 11 EAST, DIRECTLY SOUTH OF MOORE ROAD AND EAST OF THE NEW LON ADAMS ROAD. WHEREAS, on December 4, 2001 the Town of Marana adopted Resolution 2001 -155 approving the Final Block Plat for Gladden Farms, Book 55 Page 60; and WHEREAS, Gladden Farms L.L.C. is the owner of approximately 24.71 acres within the Gladden Farms Block 6 boundary generally located in Section 34, Township 11 South, Range 11 East, directly south of Moore Road and east of the new Lon Adams Road; and WHEREAS, Richmond American Homes, with the express authorization of Gladden Farms, L.L.C., has applied to the Town of Marana for approval of a preliminary plat for 112 single- family detached home lots on the 24.71 acres, including lots 1 through 112 and common areas "A" through "C"; and WHEREAS, the Marana Planning and Zoning Commission heard from the representative(s) of the owner, staff, and members of the public at the regular Planning and Zoning Commission meeting held July 30, 2003 and voted unanimously to recommend approval of the Gladden Farms Block 6 Preliminary Plat to the Town Council; and WHEREAS, the Marana Town Council has'heard from the representative(s) of the owner, staff, and members of the public at the regular Town Council meeting held September 16, 2003 and has determined that the Preliminary Plat for Gladden Farms Block 6 should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the T own o f Marana, Arizona, that the Preliminary Plat for Gladden Farms Block 6, submitted by Richmond American Homes for a 112 -lot subdivision located south of Moore Road and west of the new Lon Adams Road, in Section 34, Township 11 South, Range 11 East, is hereby approved. Marana Resolution No. 2003 -103 Page 1 of 2 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,. this 16`" day of September 2003. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy Town Attorney Marana Resolution No. 2003 -103 Page 2 of 2 TOWN COUNCIL MEETING OF INFORMATION MARANA DATE: September 16, 2003 AGENDA ITEM: IX. B. 5 TO: Mayor and Council FROM: Joel D. Shapiro, Planning Director SUBJECT: Resolution No. 2003 -104 — Gladden Farms Block 10 Preliminary Plat: A request by Richmond American Homes for preliminary plat approval of an 84 -lot single family detached home subdivision on approximately 26 acres within the Gladden Farms Development. The proposed subdivision will be located on Block 10 of the Gladden Farms Block Plat, directly south of Gladden Farms Drive and west of the new Lon Adams Road, within Section 34, Township 11 South, and Range 11 East. DISCUSSION: This project was presented to the Planning Commission on July 30, 2003. The Planning Commission is forwarding this preliminary plat to the Town Council with a unanimous recommendation of approval. Gladden Farms Block 10 is located within the Gladden Farms development and is located directly south of Gladden Farms Drive and west of the new Lon Adams Road, within Section 34, Township 11 South, Range 11 East. This Preliminary Plat consists of 84 single - family detached home lots on 25.57 acres. Included in this subdivision are Lots 1 through 84 and Common Areas "A" through "C ". This project is zoned R -8, which requires a minimum lot size of 8,000 square feet. The average lot size is 9,205 square feet with typical lot dimensions of 75'x110'. This project will contain both single and two -story homes. The subdivision is limited to 30% or three (3) two -story homes along Gladded Farms Drive, per the Northwest Marana Area Plan. Additionally, general note #40 restricts the overall number of two -story homes to a maximum of 50% of the total number of homes and no more than two (2) consecutive two -story homes adjacent to one another. This note also allows them to follow any new code amendment that may be approved by the Town Council prior to them submitting building p ermits. C urrently, R ichmond i s n of r equesting relief from the 25 foot height limitation of the R -8 zone. The Northwest Marana Area Plan requires a minimum separation between structures of 15 feet. General note #41 has been added to this plat that requires any homes in excess of 25 feet to have a mandatory 20 feet separation between houses. Additionally, general note numbers 42, 43, 44 and 45 address the Town Council concerns that were expressed with previous Gladden plats Block 11 and 12, have been added to this plat. These notes discuss fence returns placed near the back of the homes to allow for more front yard landscaping, no two homes with the same elevation or color scheme shall be permitted adjacent to one another and the amendment to Title 5 of the Land Development Code. This project will have two accesses off of the newly created Gladden Farms Drive. Block 10 also connects to Block 11 to the east by way of Harvester Drive. The off -site park and recreation requirement has been met per an approved development agreement with Gladden Farms, L.L.C., in which they agreed to dedicate Parcels 26, 27, 28 & 29 of the Gladden Farms Block Plat to the Town for park facilities, trail system and flood control purposes. The Developer will also improve a portion of the 42 -acre Parcel 26. The developer has also agreed to pay a $100 per unit (home) Park Improvement Contribution for the Park Improvements, payable upon the release of the assurances or issuance of substitute assurances. The on -site park and recreation requirement is a minimum of 185 square feet of improved recreation area per lot with in the subdivision. Block 10 requires a minimum of 15,540 square feet of improved recreation area. The active recreation area has been planned for a portion of Common Area "C ", which is located on the west side of the subdivision. The proposed on -site park plan has been approved by the Parks and Recreation director, with the addition of shade structures over the play equipment. This subdivision also provides several trail connections to the paseo west of this subdivision. The design of this trail /drainage channel has been indicated on detail C, sheet 4. RECOMMENDATION: Staff recommends approval. SUGGESTED MOTION: I move to approve Resolution No. 2003 -104. MARANA RESOLUTION NO. 2003-104 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING A PRELIMINARY PLAT FOR GLADDEN FARMS BLOCK 10 ON 25.57 ACRES, CONSISTING OF AN 84 -LOT SINGLE - FAMILY RESIDENTIAL SUBDIVISION IN SECTION 34, TOWNSHIP 11 SOUTH, RANGE 11 EAST, DIRECTLY SOUTH OF GLADDEN FARMS DRIVE AND WEST OF THE NEW LON ADAMS ROAD. WHEREAS, on December 4, 2001 the Town of Marana adopted Resolution 2001 -155 approving the Final Block Plat for Gladden Farms, Book 55 Page 60; and WHEREAS, Gladden Farms L.L.C. is the owner of approximately 25.57 acres within the Gladden Farms Block 10 boundary generally located in Section 34, Township 11 South, Range 11 East, directly south of Gladden Farms Drive and west of the new Lon Adams Road; and WHEREAS, Richmond American Homes, with the express authorization of Gladden Farms, L.L.C., has applied to the Town of Marana for approval of a preliminary plat for 84 • single - family detached home lots on the 25.57 acres, including lots 1 through 84 and common areas "A" through "C "; and WHEREAS, the Marana Planning and Zoning Commission heard from the representative(s) of the owner, staff, and members of the public at the regular Planning and Zoning Commission meeting held July 30, 2003 and voted unanimously to recommend approval of the Gladden Farms Block 10 Preliminary Plat to the Town Council; and WHEREAS, the Marana Town Council has heard from the representative(s) of the owner, staff, and members of the public at the regular Town Council meeting held September 16, 2003 and has determined that the Preliminary Plat for Gladden Farms Block 10 should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the T own o f Marana, Arizona, that the Preliminary Plat for Gladden Farms Block 10, submitted by Richmond American Homes for a 84 -lot subdivision located south of Gladden Farms Drive and west of the new Lon Adams Road, in Section 34, Township 11 South, Range 11 East, is hereby approved. i Marana Resolution No. 2003 -104 Page 1 of 2 ti PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16 day of September 2003. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy Town Attorney • • Marana Resolution No. 2003 -104 Page 2 of 2 TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: September 16, 2003 AGENDA ITEM: IX. B. 6 TO: Mayor and Council FROM: Joel D. Shapiro, Planning Director SUBJECT: Resolution No. 2003 -99: Pima Farms Village Preliminary Plat: A request for approval of a preliminary block plat consisting of four blocks on approximately 156 acres located at the northeast corner of Pima Farms Road and N. Scenic Drive, in a portion of Section 29, Township 12 South, Range 12 East. DISCUSSION: The Pima Farms Specific Plan was adopted by the Town of Marana January 19, 1989. This project is a portion of that Specific Plan that was not developed on the Continental Reserve Block Plat. This application was considered by the Marana Planning Commission at its regular meeting of August 20, 2003, and a recommendation for approval with conditions, was passed unanimously. This project consists of approximately 156.5 acres located at the northeast corner of Pima Farms Road and North Scenic Drive, in a portion of Section 29, Township 12 South, Range 12 East. This project proposes to create four blocks for future development or conservation. Specific Plan: This p roperty i s t he p ortion o f t he P ima F arms S pecific P Ian that was previously in the designated Critical Habitat for the Cactus Ferruginous Pygmy Owl. As such, it was not included in the Continental Reserve Platting project. The Developer has subsequently consulted with U.S. Fish and Wildlife, and proposes to comply with their recommendations. This project will be subject to the requirements of the Pima Farms Specific Plan. Within that Specific Plan special buffers are required for the west and south property lines. The Specific Plan calls for a 100 -foot area of undisturbed vegetation buffer to be maintained along Scenic Drive, and a 50 -foot undisturbed buffer along the remaining perimeter of the site along the south property line. In addition, there is a Development Overlay Zone that requires a maximum building height, increased open space requirement, and other requirements that will be included in the CC &R's. The maximum density per acre allowed is 3 to 6 residences per acre, as designated in the Pima Farms Specific Plan. Transportation: The Preliminary Plat shows two ingress /egress locations off of Pima Farms Road. In addition, there will be a connection to Twin Peaks Highland, the subdivision to the north, giving residents a northern route to Silverbell Road. The developer will be responsible for improving Pima Farms Road from a point just west of Sand Dune Place (to which point it has already been improved by Continental Reserve) to Pima Farms Village's westernmost access street (called access "A" in the Traffic Impact Study). The roadway improvements should match the cross - section for the improvements already made on Pima Farms Road. The Marana Traffic Division has approved this plat. Trails and Trailhead: Block 2 of this Block Plat will remain undeveloped with the exception of the construction of a Trailhead for the public trails that access the Saguaro National Park West. The final design for the Trailhead facility has not been decided yet, as the developer is engaged in on- going discussions with the neighbors to the south to accommodate their concerns as much as possible. There will be a public trail that extends down the west side of the most westerly wash, that will connect with Pima Farms Road, and a trail on the west property line of Continental Reserve. This will be a continuous trail system to the Saguaro National Park West. The trail plan has not been completed at this time, so more trails may be proposed at a later date. Grant of Easement: A Grant of Easement has been agreed to by the owner /developer and Lazy K Bar Guest • Ranch (LKB) for the exclusive use of the equestrian trail or trails within Block 4. This easement allows unlimited use for the owners, guests, patrons, agents, employees and permittees of LKB for the trails and the land just adjacent to the trails. A Conservation Easement, managed by a third party, will cover most of Block 4. A pedestrian trail, outside the Conservation Easement, will be built down the west side of the wash adjacent to Block 4. This trail will be used by the homeowners of Pima Farms Village, as well as the Public. Lands within the fenced conservation easement area will not be accessible to the public or the homeowners in Pima Farms Village. Archaeology An archaeological report from Old Pueblo Archaeology Center identified two archaeological sites on the property that would require surveying and mapping. Their plan has been accepted by Arizona State Museum, and the work is underway at this time. RECOMMENDATION: Planning Commission and staff recommend approval of PRV- 03064, Pima Farms Village Preliminary Plat SUGGESTED MOTION: I move to approve Resolution No. 2003 -99. f MARANA RESOLUTION NO. 2003-99 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING THE PRELIMINARY PLAT FOR PRV- 03064, PIMA FARMS VILLAGE, SUBMITTED BY DIAMOND VENTURES, INC. FOR A 4 -BLOCK PRELIMINARY PLAT ON APPROXIMATELY 156 ACRES LOCATED WITHIN THE PIMA FARMS SPECIFIC PLAN, LOCATED WEST OF SILVERBELL ROAD, BETWEEN TWIN PEAKS ROAD AND COACHLINE BOULEVARD, IN A PORTION OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 12 EAST. WHEREAS, the Preliminary Block Plat was heard by the Marana Planning and Zoning Commission August 20, 2003, and was forwarded with a recommendation of approval with recommended conditions; and WHEREAS, Diamond Ventures, Inc. is the owner of approximately 156 acres within the Pima Farms Specific Plan, generally located in a portion of Section 29, Township 12 South, . Range 12 East, and has applied for approval of a Preliminary Block Plat for 4 blocks on approximately 156 acres; and WHEREAS, the Marana Town Council has heard from the representative(s) of the owners and staff, at the regular Town Council meeting, September 16, 2003 and has determined that the Preliminary Block Plat for PRV -03064 Pima Farms Village should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Preliminary Block Plat, submitted by Diamond Ventures, Inc. for a 4- block plat on approximately 156 acres located west of Silverbell Road, between Twin Peaks Road and Coachline Boulevard be approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of September, 2003. ATTEST: Mayor BOBBY SUTTON JR. Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: • Frank Cassidy, Town Attorney Marana Resolution No. 1003 -99 TOWN OF MARANA i ARANA Planning and Zoning Department 3696 W. Orange Grove Road + Tucson. AZ 85741 �. a .., • (520) 29 Fax: (520) 297 -3930 PLANNING & ZONING APPLICATION 1. TYPE OF APPLICATION (Check One) ' ?-'I, Preliminary Plat ❑ General Plan Amendment ❑ Variance ❑ Final Plat ❑ Specific Plan Amendment ❑ Conditional Use Permit ❑ Development Plan ❑ Rezone )1 Other Prel imi nary Block Pl at ❑ Landscape Plan ❑ Significant Land Use Change Native Plant Permit 2. GENERAL DATA REQUIRED Assessor's Parcel General Plan Desi Number 221 - 22 -001 (To be confirmed by staff) Gross Area (Acre /Sq. Ft.) Current Zoning 156.5 acres (To be confirmed by staff) Development/ Proposed Zoning Project Name Pima Farms Village Project Location Section 29, T12S, R12E, G &SRBM Description of Project INE Corner of Pima Farms Rd. a N. Scenic Drive Properh•Owner Diamond Ventures, Inc. Street Address City state 2200 E. River Rd. =115 Tucson AZ Zip Code Phone Number Fax Number E -Mail Address Sj'71 1 520 - 577 -0200 520 - 299 -5602 Contact Person Phone Number "lark Weinberg 520- 577 -0200 Applicant Diamond Ventures Inc. Street Address City State 2200 E. River Rd., -115 Tucson AZ Zip CodePhone Number Fax Number E -Mail Address gS�lVE, 520 -577 -0200 520 - 299 -5602 Contact Person Phone Number [lark Weinberg 520- 577 -0200 Agent/Representative Stantec Consulting Street Address Ci - State 201 N. Bonita Ave. Tucson AZ Zip Code Phone Number Fax Number E -Mail Address 85745 520- 750 -7474 520 - 750 -7470 Iwthompson @stantec.co Contact Person Warren Thompson, PE Marana Business License No. f " 3. AUTHORIZATION OF PROPERTY OWNER ` I, the undersigned, certify that all of the facts set forth in this application are true to the best of my knowledge and that I am either the owner of the property or that I have been authorized in writing by the owner to file this application. (If not owner of record, attach written authorization from the owner.) Warren Thompson, PE c 6/24/03 Print Name of Applicant/Agent I Signature Date • FOR OFFICE USE ONLY Case ho. Date Received (� [�03 Receipt No. — CRVi' No. Q3O� — bO Received By �'KoM dn., Fee Amount ]1 �„ oz a Town Council Pima Farms Villag ,C 1 s ,.-- O ® ®= ® ®® ►��° � 'r � ®® ®` ® ® ♦® p ' ::. I® ®� itllllllll ► . P` ®s!e!!9 ° ' '►®� 1 ® ® •�♦ ® �w`j� e.:iil , rti► BP'S ` • o` ® ®9. �► 5 Pima Farms Village I � aiis�m ®, ♦,/tt�� ®� I Continental Reserve <� v♦ , 01111 �i,. ♦ �► .�91 !► r _ ��. i ts �� ®'� ♦''►I�. * .tI`��� x ° ►/� � i ll �® : "�►�® fl`� � ;� ��� „ro'°„ l� ♦�® �rin1s!l011l100/ o �E� � (' . •� ,� ,� � J � �� ®����;,, e�♦ ®yes ,� 4 Request for approval of s P relimin a ry P lat loc on approx. 156 acres, corner of P ima Varms Road and N. 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Q Nw b S CfY C "J,. `U!''1'• � (\ _ j�. .•a .., `\ \ "+[�`� / c�Q` �'"\ ._.•c"�.' t TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: September 16, 2003 AGENDA ITEM: IX. B. 7 TO: Mayor and Council FROM: Dick Gear, Community and Economic Development Director SUBJECT: Ordinance No. 2003.21 — Cochie Canyon Trail North Annexation Consideration and approval of an annexation comprising approximately 4.31 acres of land on the east side of Interstate 10 and west of the CAP canal. The annexation incorporates a single parcel that was omitted from the general annexation of this area in 1980. The parcel lies in the far northeast quadrant of Section 22, Township 11 South, Range 11 East, Salt River Meridian, Pima County, Arizona. DISCUSSION: The Town Council conducted a public hearing for this annexation on August 5, 2003, and staff is now requesting Council action. The proposed annexation comprises a single parcel of approximately 4.31 acres lying between the I -10 corridor and the CAP canal. This parcel (and one other) was omitted from the annexation of this general area which occurred in 1980. The Town has received signed petitions representing 100 percent of property owners and 100 percent of the real and personal property value. The 4.31 acres are zoned Pima County RH (Rural Homestead) and will translate into the Town of Marana zoning of RD -180 (Rural Development). All notification requirements have been properly complied with for this annexation. The annexation meets the requirements as set forth in A.R.S. § 9 -471 (annexation statutes). This is the final step of the annexation process for the Town Council. According to the Town's annexation requirements, a 30 -day waiting period after the original blank petition was recorded on July 10, 2003 was fulfilled, and the annexation petition was mailed out on August 11, 2003. The Council can now approve the ordinance annexing the area into the Town of Marana. RECOMMENDATION: Staff recommends approval of the Cochie Canyon Trail North Annexation. SUGGESTED MOTION: I move that the Council approve Ordinance No. 2003.21. ADMIN/SRG /09/10/2003 MARANA ORDINANCE NO. 2003.21 AN ORDINANCE EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE TOWN OF MARANA, ARIZONA, PURSUANT TO THE PROVISIONS OF TITLE 9, CHAPTER 4, ARIZONA REVISED STATUTES, AND AMENDMENTS THERETO, BY ANNEXING THERETO THAT TERRITORY KNOWN AS THE COCHIE CANYON TRAIL NORTH ANNEXATION, ENCOMPASSING A PORTION OF SECTION 22, IN TOWNSHIP 11 SOUTH, RANGE 11 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA, AND CONTIGUOUS TO THE TOWN'S BOUNDARIES. WHEREAS, petitions in writing, accompanied by a map or plot of said real property, having been filed and presented to the Mayor and Council of the Town of Marana, Arizona, signed by the owners of 100 percent of the value of the real and personal property and 100 percent of the persons owning real and personal property that would be subject to taxation by the Town of Marana as shown by the last assessment of said property, said property being contiguous to the Town of Marana, and not now embraced within its limits, asking that the property more particularly hereinafter described be annexed to the Town of Marana, and to extend and increase the corporate limits of the Town of Marana so as to embrace same; and WHEREAS, the Mayor and Council of the Town of Marana, Arizona, are desirous of complying with said petitions and extending and increasing the corporate limits of the Town of Marana to include said territory, which is approximately 4.31 acres; and WHEREAS, the Cochie Canyon Trail North Annexation is an area within the north half of Section 22 within Township 11 South, Range 11 East, Gila and Salt River Meridian, Pima County, Arizona; and WHEREAS, the petitions set forth a true and correct description of all the exterior boundaries of the entire area proposed to be annexed to the Town of Marana and had attached thereto at all times an accurate map of the territory desired to be annexed; and WHEREAS, no alterations increasing or reducing the territory sought to be annexed have been made after any petition was signed by any owner of real and personal property in such territory, and WHEREAS, the zoning classification of the property prior to annexation was "Pima County Rural Homestead" (RH). In order to establish original Town of Marana zoning without permitting densities or uses that are greater than those permitted in Pima County the properties will translate to the Town of Marana Zone R -180 (Rural Development) zone in the Town of Marana's land use and development code, and WHEREAS, the provisions of A.R.S. § 9 -471, and all amendments thereto, have been fully observed; and WHEREAS, proper and sufficient certification and proof of the foregoing facts are now on file in the office of the Town Clerk of the Town of Marana, together with a true and correct copy of the original petition referred to herein, which is on file in the office of the County Recorder. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, that: 1. The territory known as the Cochie Canyon Trail North Annexation is annexed into the Town of Marana and that the present corporate limits are extended and increased to include the described area. 2. A copy of this Ordinance, together with an accurate map of the territory hereby annexed to the T own o f M arana, c ertified b y t he M ayor o f t he T own, s hall b e forthwith filed and recorded in the office of the County Recorder of Pima County, Arizona. 3. The zoning classification of "Pima County Rural Homestead" within the annexed area is hereby changed to "Town of Marana Zone R -180" (Rural Development). 4. On file in the office of the Town Clerk of the Town of Marana, Arizona, are those certain documents, known as Exhibits A and B, which are recorded and hereby referred to, adopted, and made a part of this Ordinance, describing and illustrating the Saguaro Ranch North Annexation area. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of September, 2003. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson' APPROVED AS TO FORM: Town Clerk Frank Cassidy, Town Attorney - Exhibit A _ LEGAL DESCRIPTION COCHIE CANYON TRAIL NORTH ANNEXATION TO THE TOWN OF MARANA A PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 11 SOUTH, RANGE I 1 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA, WHICH WAS EXCEPTED FROM THAT TERRITORY ANNEXED TO THE TOWN OF MARANA IN ORDINANCE NO. 1980.01, A MAP OF WHICH IS RECORDED IN BOOK 3 OF SURVEYS AT PAGE 36, RECORDS OF SAID PIMA COUNTY, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 22; THENCE WESTERLY, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER, A DISTANCE OF 237.00 FEET; THENCE SOUTH 17 0 05'00" EAST A DISTANCE OF 458.30 FEET TO THE NORTHERNMOST CORNER OF THAT 437.50 FOOT BY 430.00 FOOT EXCLUDED PARCEL DESCRIBED IN SAID ORDINANCE AND SHOWN ON SAID RECORD OF SURVEY, SAID POINT BEING AN ANGLE POINT IN SAID MARANA TOWN LIMITS DESCRIBED IN ORDINANCE NO. 1980.01 AND THE POINT OF BEGINNING; THENCE SOUTH 17 EAST, ALONG THE EASTERLY LINE OF SAID EXCLUDED PARCEL AND MARANA TOWN LIMITS, A DISTANCE OF 437.50 FEET; THENCE SOUTH 72 0 55'00" WEST, ALONG THE SOUTHERLY LINE OF SAID EXCLUDED PARCEL AND MARANA TOWN LIMITS, A DISTANCE OF 430.00 FEET; THENCE NORTH 17 °05'00" WEST, ALONG THE WESTERLY LINE OF SAID EXCLUDED PARCEL AND MARANA TOWN LIMITS, A DISTANCE OF 437.50 FEET; THENCE NORTH 72 0 55'00" EAST, ALONG THE NORTHERLY LINE OF SAID EXCLUDED PARCEL AND MARANA TOWN LIMITS, A DISTANCE OF 430.00 FEET TO THE POINT OF BEGINNING. THIS DESCRIPTION WAS BASED ON RECORD INFORMATION AND DOES NOT REFLECT THE RESULTS OF A FIELD SURVEY. LAN /S %FICarF �f 22759 zEQhak0 c FOfX!E5 ; (} • t Ca i J. LEONARD FO ES, W, R.L.S. SW \3592x592- 1085\COC HIENORTH.doc LEGAL LOG NO. 786 Paae I of 1 r Exhibit B • A PORTION OF THE NORTH HALF OF SECTION 22, TOWNSHIP 11 SOUTH, RANGE 11 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, AZ. Z ^o ( TOWN OF MARANA i ORD # 2002.03 P.O.C. �rn P.O.B. j p I 00 s i i I COCHIE CANYON I NORTH ANNEXATION TOWN OF MARANA 0 0 ORD / 1980.01 TOM 0 \ I � —, o OWN OF MARANA �RD # 1977.29 .01 ADONIS D Lu N 4 � CRIER RD L- 1 T7 LEGEND 0 LAND sG�4 77777 EXISTING MARANA TOWN LIMITS y �A � AREA TO BE ANNEXED W 22759 0 J. LEONARD � PONTES JR. NORTH `"s, r T ETRA TECH, INC. IN FRASTRUCTURE SOUTHWEST GROUP /� NA N. 33 N. Stone, 15th Boor SCALE 1 1000' \,` Tucson, Az 85701 (520) 62J -7980 — DATE JUNE 2003 JOB NO. 3592 -1065 3 TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: September 16, 2003 AGENDA ITEM: IX. B. 8 TO: Mayor and Council FROM: Dick Gear, Community and Economic Development Director SUBJECT: Ordinance No. 2003.22 — Cochie Canyon Trail Northwest Annexation Consideration and approval of an annexation comprising approximately 5.6 acres of land on the east side of Interstate 10 and west of the CAP canal. The annexation incorporates a single parcel that was omitted from the general annexation of this area in 1980. The parcel lies in the far northwest corner of Section 22, Township 11 South, Range 11 East, Salt River Meridian, Pima County, Arizona. DISCUSSION: The Town Council conducted a public hearing for this annexation on August 5, 2003, and staff is now requesting Council action. The proposed annexation comprises a single parcel of approximately 5.6 acres lying between the I -10 corridor and the CAP canal. This parcel (and one other) was omitted from the annexation of this general area which occurred in 1980. The Town has received signed petitions representing 100 percent of property owners and 100 percent of the real and personal property value. The 5.6 acres are zoned Pima County RH (Rural Homestead) and will translate into the Town of Marana zoning of RD -180 (Rural Development). All notification requirements have been properly complied with for this annexation. The annexation meets the requirements as set forth in A.R.S. § 9-471 (annexation statutes). This is the final step of the annexation process for the Town Council. According to the Town's annexation requirements, a 30 -day waiting period after the original blank petition was recorded 'on July 10, 2003 was fulfilled, and the annexation petition was mailed out on August 11, 2003. The Council can now approve the ordinance annexing the area into the Town of Marana. RECOMMENDATION: Staff recommends approval of the Cochie Canyon Trail Northwest Annexation. SUGGESTED MOTION: I move that the Council approve Ordinance No. 2003.22. ADMIN/SRG/09/10/2003 MARANA ORDINANCE NO. 2003.22 AN ORDINANCE EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE TOWN OF MARANA, ARIZONA, PURSUANT TO THE PROVISIONS OF TITLE 9, CHAPTER 4, ARIZONA REVISED STATUTES, AND AMENDMENTS THERETO, BY ANNEXING THERETO THAT TERRITORY KNOWN AS THE COCHIE CANYON TRAIL NORTHWEST ANNEXATION, ENCOMPASSING A PORTION OF SECTION 22, IN TOWNSHIP 11 SOUTH, RANGE 11 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA, AND CONTIGUOUS TO THE TOWN'S BOUNDARIES. WHEREAS, petitions in writing, accompanied by a map or plot of said real property, having been filed and presented to the Mayor and Council of the Town of Marana, Arizona, signed by the owners of 100 percent of the value of the real and personal property and 100 percent of the persons owning real and personal property that would be subject to taxation by the Town of Marana as shown by the last assessment of said property, said property being contiguous to the Town of Marana, and not now embraced within its limits, asking that the property more particularly hereinafter described be annexed to the Town of Marana, and to extend and increase the corporate limits of the Town of Marana so as to embrace same; and WHEREAS, the Mayor and Council of the Town of Marana, Arizona, are desirous of complying with said petitions and extending and increasing the corporate limits of the Town of Marana to include said territory, which is approximately 5.60 acres; and WHEREAS, the Cochie Canyon Trail Northwest Annexation is an area within the northwest quarter of Section 22 within Township 11 South, Range 11 East, Gila and Salt River Meridian, Pima County, Arizona; and WHEREAS, the petitions set forth a true and correct description of all the exterior boundaries of the entire area proposed to be annexed to the Town of Marana and had attached thereto at all times an accurate map of the territory desired to be annexed; and WHEREAS, no alterations increasing or reducing the territory sought to be annexed have been made after any petition was signed by any owner of real and personal property in such territory; and WHEREAS, the zoning classification of the property prior to annexation was "Pima County Rural Homestead (RH) ". In order to establish original Town of Marana zoning without permitting densities or uses that are greater than those permitted in Pima County the properties will translate to the Town of Marana Zone R -180 (Rural Development) in the Town of Marana's land use and development code, and WHEREAS, the provisions of A.R.S. § 9 -471, and all amendments thereto, have been fully observed; and WHEREAS, proper and sufficient certification and proof of the foregoing facts are now on file in the office of the Town Clerk of the Town of Marana, together with a true and correct copy of the original petition referred to herein, which is on file in the office of the County Recorder. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council ofthe Town ofMarana, Arizona, that: 1. The territory known as the Cochie Canyon Trail North Annexation is annexed into the Town of Marana and that the present corporate limits are extended and increased to include the described area. 2. A copy of this Ordinance, together with an accurate map of the territory hereby . annexed to the T own o f M arana, c ertified b y t he M ayor o f t he T own, s hall b e forthwith filed and recorded in the office of the County Recorder of Pima County, Arizona. 3. The zoning classification of "Pima County Rural Homestead (RH)" within the annexed area is hereby changed to "Town of Marana Zone R -180" (Rural Development). 4. On file in the office of the Town Clerk of the Town of Marana, Arizona, are those certain documents, known as Exhibits A and B, which are recorded and hereby referred to, adopted, and made a part of this Ordinance, describing and illustrating the Saguaro Ranch North Annexation area. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of September, 2003. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson APPROVED AS TO FORM: Town Clerk Frank Cassidy, Town Attorney Exhibit A LEGAL DESCRIPTION COCHIE CANYON TRAIL NORTHWEST ANNEXATION TO THE TOWN OF NIARANA A PORTION OF THE NORTH HALF OF THE NORTH HALF OF SECTION 22, TOWNSHIP . 11 SOUTH, RANGE 11 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA, WHICH WAS EXCEPTED FROM THAT TERRITORY ANNEXED TO THE TOWN OF MARANA IN ORDINANCE NO. 1980.0 1, A MAP OF WHICH IS RECORDED IN BOOK 3 OF SURVEYS AT PAGE 36, RECORDS OF SAID PIMA COUNTY, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 22, WHICH IS AN ANGLE POINT IN THE MARANA TOWN LIMITS AS DESCRIBED IN ORDINANCE NO. 2002.03; THENCE EASTERLY, ALONG THE NORTH LINE OF SAID SECTION 22 AND SAID MARANA TOWN LIMITS, TO A LINE 370.00 FEET EASTERLY OF AND PARALLEL WITH THE WEST LINE OF SAID SECTION 22, SAID POINT BEING AN ANGLE POINT IN THE MARANA TOWN LIMITS AS DESCRIBED IN ORDINANCE NO. 1980.01; THENCE SOUTHERLY, ALONG SAID PARALLEL LINE AND CONTINUING ALONG SAID MARANA TOWN LIMITS, TO A LINE 660.00 FEET SOUTHERLY OF AND PARALLEL WITH THE NORTH LINE OF SAID SECTION 22; • THENCE WESTERLY, ALONG SAID PARALLEL LINE AND CONTINUING ALONG SAID MARANA TOWN LIMITS, TO THE WEST LINE OF SAID SECTION 22, AND THE MARANA TOWN LB41TS AS DESCRIBED IN ORDINANCE NO. 1986.07; THENCE NORTHERLY, ALONG SAID WEST LINE AND CONTINUING ALONG SAID ' MARANA TOWN LIMITS, TO THE NORTHWEST CORNER OF SAID SECTION 22 AND THE POINT OF BEGINNING. THIS DESCRIPTION WAS BASED ON RECORD INFORMATION ' AND DOES NOT REFLECT THE RESULTS OF A FIELD SURVEY. 22750 J_ LEOnMRi? t , c FONE } J. LEONARD FONTES. R.L.S. S:\JOBSG592\3592- 1085\COCHtE NW.doc LEGAL LOG NO. 785 Paae I of ] f Exhibit B CA PORTION OF THE NORTH HALF OF SECTION 22, TOWNSHIP 11 SOUTH, RANGE 11 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, AZ. �o TOWN OF MARANA Q ORD # 2002.03 P.O.B. j 3p O O \ COCHIE CANYON NORTHWEST ' ANNEXATION TOWN OF MARANA 5201 ORD # 1980.01 TOM ORD\ °o z .O 1 --' TOWN OF M ARANA `^ ORD # 1977.29 s I F 10 � . ADONIS R vi GRIER RD O �_ —'�1' • , t�, 3 ' \ X1 0� ± r-- LEGEND LAND nm EXISTING MARANA TOWN LIMITS - y AREA TO BE ANNEXED ,� 22759 °� _ J. LEONARD o FONTES i NORTH �s, TETRA TECH, INC. y� r I 1p S INFRASTRUCTURE SOUTHWEST G ROUP SCALE 1 = 1 000' 7ueaon. AZ .85701 (520) 623-7980 DATE JUNE 2003 J08 NO. 3592 -1085