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Home My WebLink About2025 07.15 City Council Regular Agenda 04 �,?ACHf� City of Apache Junction, Arizona Meeting location: +� City Council Chambers 1U Z at City Hall Agenda 300 E.Superstition Blvd \gilONr Apache Junction,AZ City Council Meeting 85119 apachejunctionaz.gov Ph:(480)982-8002 Doors are open to the public at least 15 minutes prior to the posted meeting start time. Tuesday,July 15,2025 7:00 PM City Council Chambers A. CALL TO ORDER B. INVOCATION AND PLEDGE OF ALLEGIANCE C. ROLL CALL D. CONSENT AGENDA The council may, at this time, take single action on any or all items listed as consent agenda items. These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments, acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing. The consent agenda is a timesaving device of which the mayor and city council is to receive documentation on these items from the city manager for their review prior to the meeting. Any member of the council may remove any item from the consent agenda for discussion and cause a separate vote on the matter later in the agenda. 1. 25-253 Consideration of acceptance of agenda. Sponsors: Evie McKinney 2. 25-327 Consideration of approval of minutes of the regular meeting of July 1, 2025. Sponsors: Evie McKinney Attachments: CCMIN 2025 07 01 MINUTES DRAFT 3. 25-326 Consideration of approval of Map of Dedication for Blossom Rock Trail Phase 2 (SV-22-36-BI). Sponsors: Kelsey Schattnik Attachments: MOD Blossom Rock Trail Ph. 2 (SV-22-36-BI).pdf BR Trail Ph. 2 MOD Staff Report(SV-22-36-BI).pdf City of Apache Junction,Arizona Page 1 Printed on 711012025 City Council Meeting Agenda July 15,2025 4. 25-334 Consideration of approval of award of contract to Public Sector Personnel Consultants, Inc., in an amount not to exceed $67,000.00, for a Classification and Compensation Study under the City of Apache Junction RFP #25-001. Sponsors: Anna McCray Attachments: Staff Memo Class and Comp 6.30.25 PSA Public Sector Personnel Consultants 5. 25-343 Consideration of approval of agreements for Job Order Contracting services between the City of Apache Junction and various trade service contractors for projects ranging from $2,500.00 to$500,000.00 each, not to exceed $1,000,000.00 each year. Sponsors: Liz Langenbach and Dave Butler Attachments: Staff Memo-Award of Contracts TRADE SERVICE JOC Presentation City-Wide JOC Council Presentation TS-Gen Con-GCON TS-Gen Con-Scholz TS-Gen Con-Willmeng TS-Framing-AR Mays TS-Framing-Willmeng TS-Painting-AR Mays TS-Painting-Builders Guild TS-Painting-Willmeng TS-Flooring-AR Mays TS-Flooring-Willmeng TS-Doors-AR Mays TS-Doors-Willmeng TS-Electrical-PLG TS-Electrical-Willmeng TS-Concrete-Scholz TS-Concrete-Willmeng TS-Landscape-Scholz TS-Landscape-Willmeng TS-Mass Grading-Scholz TS-Mass Grading-Willmeng City of Apache Junction,Arizona Page 2 Printed on 711012025 City Council Meeting Agenda July 15,2025 6. 25-344 Consideration of approval of agreements for Job Order Contracting services between the City of Apache Junction and various general construction contractors for projects ranging from $500,000.00 to $5,000,000.00. Sponsors: Liz Langenbach and Dave Butler Attachments: Staff Memo-Award of Contracts GENERAL CONTRACTING J, Presentation City-Wide JOC Council GC-Caliente GC-Chasse GC-Haydon GC-Hunter GC-Willmeng 7. 25-337 Consideration of approval of First Amendment to City of Apache Junction Agreement with Primary Construction Inc. for Prospector Park Drainage Improvements, extending the contract term to October 31 st, 2025. Sponsors: Dave Butler Attachments: Staff Memo-First Amendment to Primary Construction Contrac Primary Construction Inc.- 1st Amendment to Contract CA Sigr PP DRAINAGE PROJECT-Amendment to Contract PP Drainage Primary Construction Inc. EXECUTED CONTRAC 8. 25-342 Consideration of approval of Resolution No. 25-21 authorizing acceptance of a DUI abatement grant from the Governor's Office of Highway Safety. Sponsors: Michael Pooley Attachments: GOHS Grant Staff Memo Council Presentation DUTAC Grant Resolution 25-21, GOHS DUI Abatement grant City of Apache Junction,Arizona Page 3 Printed on 711012025 City Council Meeting Agenda July 15,2025 9. 25-350 Consideration of approval of an agreement with the Greater Phoenix Economic Council (GPEC), retroactive to July 1, 2025, for economic development services for the term of one year(FY2025-26) in the amount of$20,392.00, and the appointment of Councilmember Bambi Johnson as the City of Apache Junction representative to the GPEC Board of Directors. Sponsors: Ryan Kaup Attachments: Staff Memo GPEC Agreement FY26 Agreement Between The Greater Phoenix Economic Council ar Exhibit A-GPEC Action Plan Exhibit B-GPEC Performance Measures Exhibit C-Targeted Industries Exhibit D-Reporting Mechanism for Contract Fulfillment Exhibit E- Insurance Requirements Exhibit F-Regional Cooperation Protocol Presentation GPEC Agmt FY2026 10. 25-331 Consideration of approval of retroactive ratification of contract to M.R. Tanner Construction for project HFS24-21 for the drainage improvement of Palm Wash located south of 16th Avenue between Ironwood Drive and Delaware Drive in the amount of$407,928.00. Sponsors: Shane Kiesow Attachments: City Council Memo-Palm Wash July 2025 Agreement Palm Wash Drainage 11. 25-365 Consideration of approval of agreements, retroactive to July 1, 2025, for on-call engineering services between the City of Apache Junction and various consultants through June 30, 2026, in an amount not to exceed $300,000.00. Sponsors: Emile Schmid Attachments: Staff Memo 06.30.2025 On-Call Engineering Burgess&Niple FY26 agreement Carollo Engineers FY26 Agreement EPS Group FY26 Agreement Kimley-Horn&Associates FY26 Agreement Strand Associates FY26 Agreement T.Y. Lin International FY26 agreement Entellus FY26 Agreement Wood Patel &Associates FY26 Agreement Ninyo&Moore FY26 Agreement Speedie&Associates FY26 Agreement City of Apache Junction,Arizona Page 4 Printed on 711012025 City Council Meeting Agenda July 15,2025 E. AWARDS, PRESENTATIONS AND PROCLAMATIONS Awards,presentations from other organizations,proclamations issued by the mayor, and acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or donated funds are permitted at this time. F. REGIONAL INTERGOVERNMENTAL UPDATES The mayor or any member of council may at this time present a brief summary of any regional intergovernmental updates. However, no discussion shall take place on such items except for clarifying comments related to substance, time and location. 12. 25-328 Brief summary of intergovernmental updates from mayor and councilmembers. Sponsors. Chip Wilson G. CITY MANAGER'S REPORT The city manager, members of city staff or those individuals designated by the manager may present information pertinent to items under consideration or information related to the operation of the city. There shall however be no discussion at this time except for clarification inquiries. 13. 25-329 City Manager's Report Sponsors: Bryant Powell 14. 25-330 Announcement of Current Events Sponsors: Eli Richardson H. PUBLIC HEARINGS Public hearings required by applicable law shall be conducted by the council and any person shall be given the opportunity to speak.All remarks shall be addressed to the council as a whole and not to any member thereof. Such remarks shall be limited to five(5)minutes unless additional time is granted by the mayor. This time limitation shall not apply to applicants and their agents appearing before the council. 15. 25-307 Consideration of application for a new Series 6 Bar liquor license for Dutchman's Country BBQ located at 1615 N. Apache Trail, Apache Junction, AZ. The next step in the process is for the council to hold a public hearing on the application and make a recommendation of approval or denial to the Arizona Department of Liquor License and Control. Sponsors: Evie McKinney Attachments: Memo To Council 07.15.2025 Redacted Application Building Safety Inspection Approval Planning Inspection Approval Public Safety Inspection Approval SFMD Inspection Approval City of Apache Junction,Arizona Page 5 Printed on 711012025 City Council Meeting Agenda July 15,2025 16. 25-313 Consideration of application for a permanent extension of premises for First Water Cocktail Bar located at 1545 W. Broadway Ave, Suite 101, Apache Junction, AZ 85120. The next step in the process is for the council to hold a public hearing on the application and make a recommendation of approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control. Sponsors: Evie McKinney Attachments: Memo To Council 07.15.2025 Application Building Safety Inspection Approval Planning Inspection Approval Public Safety Inspection Approval 17. 25-325 Presentation, discussion and public hearing to receive input and discuss potential projects for the utilization of Fiscal Year 2025 ("FY25") Community Development Block Grant ("CDBG") Regional Account ("RA")funds and State Special Project ("SSP")funds. Sponsors: Matt Busby 18. 25-348 Presentation, discussion, public hearing and consideration of Resolution No. 25-22 of Case P-25-10-GPA, a proposed Major General Plan Amendment requested by Sundt Construction, represented by Brennan Ray of Ray Law Firm to amend the General Plan Land Use Map for Parcels 102-20-008A& 102-20-008C, located near the northwest corner of Cactus Road &Auto Center Drive, from Commercial to Light Industrial/Business Park and Industrial. Sponsors: Nicholas Leftwich Attachments: P-25-10-GPA P-25-11-PZ City Council Staff Memo.pdf P-25-10-GPA& P-25-11-PZ Staff Report.pdf Resolution No.25-22.pdf 19. 25-349 Presentation, discussion, public hearing and consideration of Ordinance No. 1565 of Case P-25-11-PZ, a proposed Rezoning by Planned Development requested by Sundt Construction, represented by Brennan Ray of Ray Law Firm, to rezone Parcels 102-20-008A& 102-20-008C from General Rural Low Density Single-Family Detached Residential ("RS-GR")to Industrial by Planned Development ("B-5/PD")" Sponsors: Nicholas Leftwich Attachments: Ordinance Number 1565.pdf I. OLD BUSINESS The council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. City of Apache Junction,Arizona Page 6 Printed on 711012025 City Council Meeting Agenda July 15,2025 J. NEW BUSINESS The council shall consider any business not yet considered. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES M. CALL TO PUBLIC At this time the public has the privilege to address the council with requests, communications, comments or suggestions relating to city business.All speakers must have already submitted a written "Request to Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the agenda. If there is a group speaking on the same item, they should select a spokesperson.All such remarks shall be addressed to the council as a whole and not to any member thereof. The mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act. The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion: 1)respond to criticism by a speaker;2)ask the city manager to review a matter;3) ask the city manager to place the matter on a future agenda. Each speaker must approach the podium, speak into the microphone,provide their name and address. There is a three (3)minute time limit per speaker. N. ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd,Apache Junction,AZ 85119, Monday through Thursday from 7:00a-6:00p, excluding holidays. The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities. Specific requests may be made by contacting the Human Resources Office at(480)474-2617 or TDD(480) 983-0095. The Apache Junction City Council may vote to go into Executive Session for legal advice on any item listed on this agenda pursuant to A.R.S. §38-431.03(A)(3);this notice is given pursuant to A.R.S. § 38-431.02 to the members of the City Council and the public. City of Apache Junction,Arizona Page 7 Printed on 711012025 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No. 1. QizoN* File ID: 25-253 Sponsor: Evie McKinney Agenda Date: 7/15/2025 Index: In Control: City Council Meeting Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 Printed on 711012025 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No.2. QizoN* File ID: 25-327 Sponsor: Evie McKinney Agenda Date: 7/15/2025 Index: In Control: City Council Meeting Consideration of approval of minutes of the regular meeting of July 1, 2025. City of Apache Junction,Arizona Page 1 Printed on 711012025 '11 City of Apache Junction, Arizona Meeting location: 10 City Council Chambers u �z - g Meetin Minutes at City Hall •.R 300 E.Superstition Blvd 'PttO CityCouncil Meeting Apache Junction,AZ g 85119 apachejunctionaz.gov Ph:(480)982-8002 Doors are open to the public at least 15 minutes prior to the posted meeting start time. Tuesday,July 1,2025 7:00 PM City Council Chambers A. CALL TO ORDER Mayor Wilson called the meeting to order at 7:00 p.m. B. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Heck gave the invocation and Councilmember Soller led the meeting attendees in the Pledge of Allegiance. C. ROLL CALL Present: 6- Mayor Wilson Vice Mayor Schroeder Councilmember Nesser Councilmember Heck Councilmember Johnson Councilmember Soller Excused: 1 - Councilmember Cross Staff in Attendance: Matt Busby, Assistant City Manager Evie McKinney, City Clerk Joel Stern, City Attorney Ryan Kaup, Economic Development Director Rob Wisler, Management Analyst Eli Richardson, Management Analyst Michael Pooley, Police Chief Emile Schmid, City Engineer Angelie Hawley, Finance Director Pam Harrison, Library Director Liz Langenbach, Parks & Recreation Director Anna McCray, Human Resources Director Maggi Quinn, Public Works Facilities Manager Trina Harrison, CIP Program Manager Larry Binion, Management Analyst Dave Butler, Parks Superintendent City of Apache Junction,Arizona Pagel City Council Meeting Meeting Minutes July 1,2025 D. CONSENT AGENDA Councilmember Soller moved,seconded by Councilmember Heck that the consent agenda be accepted as presented. Yes: 6- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson and Councilmember Soller No: 0 Excused: 1 - Councilmember Cross 1. 25-279 Consideration of acceptance of agenda. 2. 25-280 Consideration of approval of minutes of the special meeting of June 16, 2025. 3. 25-281 Consideration of approval of minutes of the regular meeting of June 17, 2025. 4. 25-299 Consideration of award of contract for IFB CDBG#107-25 to Low Mountain Construction for Superstition Shadows Park Improvements in the amount of $439,804.38 plus a 10% contingency for owner controlled change orders in the amount of$43,980.44 for a total project cost not to exceed $483,784.82. Work will include new playground equipment, playground shade, and aquatic center shade at Superstition Shadows Park and be fully funded by the CDBG-RA allocation. 5. 25-303 Acknowledge receipt of the Annual Report of the Apache Junction Public Library Board of Trustees for 2024-2025 Fiscal Year. 6. 25-312 Consideration of approval of the Final Plat for Radiance, Phase 1 B, Parcel 19.10, 19.11 & Model Complex. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS 7. 25-304 Proclamation designating July 2025 as "National Parks and Recreation Month." Mayor Wilson read the proclamation designating July 2025, as "Parks and Recreation Month." He presented it to Parks and Recreation staff members. Parks and Recreation Director Liz Langenbach thanked Mayor and Council for recognizing them and stated the department will be celebrating all month with many activities. She shared a video showcasing events and programs Parks and Recreation offers, and some upcoming projects. F. REGIONAL INTERGOVERNMENTAL UPDATES 8. 25-282 Brief summary of intergovernmental updates from mayor and councilmembers. Mayor Wilson and Council attended the ribbon cutting for WW Clyde's new building. He explained they outgrew their original building and needed more space for their inside work area. He shared photos of the event and commented on the impressive facility. City of Apache Junction,Arizona Page 2 City Council Meeting Meeting Minutes July 1,2025 Councilmember Heck shared his gratitude for the Parks and Recreation department and all the hard work they do for the city. Councilmember Nesser commented on the WW Clyde ribbon cutting event and their decision to choose Apache Junction for their Southwest Regional Headquarters. G. CITY MANAGER'S REPORT 9. 25-283 City Manager's Report Assistant City Manager Matt Busby explained that City Manager Bryant Powell is out of town and he is filling in for him. He introduced Superstition Fire and Medical District Chief John Whitney and President of the Superstition chapter of the IAFF Local 2260 Cole Waddell. 10. 25-237 Presentation and discussion with SFMD Fire Chief John Whitney, and Colt Weddell, President, Superstition Firefighter's Chapter, IAFF Local 2260, regarding upcoming bond activity. Superstition Fire and Medical District Fire Chief John Whitney and President of the Superstition Chapter of the IAFF Local 2260 Cole Waddell presented information on their upcoming bond election for Proposition 494. Mr. Whitney gave the background of the Superstition Fire and Medical District and statistics for total incidents and response times. He shared the funding challenges they are currently facing and the need for this Proposition to be passed. Mr. Waddell explained the transparent public process, the high priority capital needs and election deadlines. The bond is for$33.8 million and the cost would be on average $.027 per$100.00 of the assessed limited property value for home owners. Councilmember concerns included the time frame to replace the capital items needed, what happens to retired vehicles, mail in ballots, and what the training facility will look like. Mr. Whitney and Mr. Waddell responded to all concerns. 11. 25-284 Announcement of Current Events Management Analyst Eli Richardson shared an upcoming event: 4th of July Celebration: July 4, 2025, Free Open Swim 9:00 a.m. - 3:00 p.m. at Superstition Shadows Pool and Fireworks at 8:30 p.m. at Superstition Shadows Park, located at 1091 W. Southern Ave, Apache Junction. For more details please visit www.apachejunctionaz.gov/4thofjuly. H. PUBLIC HEARINGS I. OLD BUSINESS J. NEW BUSINESS 12. 25-321 Presentation and discussion on award of contract for Classification and Compensation Study for the City of Apache Junction RFP#25-001. Human Resources Director Anna McCray presented that as part of the City's proposed Fiscal Year 2025-2026 budget, $150,000 is included for a comprehensive classification and City of Apache Junction,Arizona Page 3 City Council Meeting Meeting Minutes July 1,2025 compensation study. The City conducted a compensation study in 2023, and a comprehensive classification and compensation study in 2015. While compensation studies compare titles and pay to the market comparators, full classification and compensation studies provide a more in-depth review which includes job titles,job descriptions and duties, pay structure and policies, promotional guidelines, and benefits, relative to market comparators. It is best practice for an organization to regularly evaluate their classification and compensation programs to ensure market competitiveness, transparency and equity in how positions are defined, and employees are compensated. Specifically, these studies help the city to: • Ensure that positions are appropriately classified based on duties and job descriptions • Maintain market competitiveness in attracting and retaining quality employees • Outline clear career paths to incentivize employees to stay with the organization and strive for advancement • Promote equity by aligning roles, responsibilities, and compensation across like positions • Support transparency and consistency in pay practices,job descriptions, and promotional opportunities • Identify gaps and emerging trends in employee benefits that could enhance the City's overall value proposition as an employer A Request for Proposals (RFP)was issued on March 13, 2025, and closed on April 17, 2025. The City received eleven (11) responses, which were independently reviewed and scored by a cross departmental panel of City employees. Responses were received from: •AutoSolve Inc. -$97,125 • Evergreen Solutions LLC -$74,500 • Flaherty& Hood PA-$135,100 • Gallagher Benefit Services- $68,915 • HR Now Consulting -$84,750 • Logic Compensation Group-$145,250 • Management Impact Solutions-$155,546 • McGrath Human resources Group -$87,675 • Paypoint HR LLC -$92,750 • Public Sector Personnel Consultants Inc-$67,000 • Segal Group-$180,000 After the initial assessment, the following four(4)finalists were selected and interviewed: • Evergreen Solutions • Logic Compensation Group City of Apache Junction,Arizona Page 4 City Council Meeting Meeting Minutes July 1,2025 • Public Sector Personnel Consultants • McGrath Human Resources Group Following the interviews, the panel unanimously recommends awarding the contract to Public Sector Personnel Consultants Inc. (PSPC). PSPC submitted the lowest-cost proposal and was determined to be the most responsive vendor. The contract is for an amount not to exceed $67,000, which includes a two-year(2)survey update through 2027. The 2025 study will include: •A comprehensive review of job titles,job duties, and pay across the City's nine designated comparator organizations •An assessment of the city's salary schedule structure, pay policies and promotional guidelines •A high-level review of total compensation to identify any competitive benefits the City may wish to consider that are not currently offered PSPC conducted the City's last compensation update in 2023, and the last full classification and compensation study in 2015, bringing valuable institutional knowledge and continuity to this next study. In addition, they are an Arizona based company that is very familiar with Arizona cities and towns. Councilmember Heck questioned if PSPC would provide an adequate service for this study as they were previously used. Ms. McCray responded with the reasons why PSPC was the clear choice. 13. 25-285 Presentation and discussion on the Greater Phoenix Economic Council (GPEC) Contract Renewal and GPEC Board Recommendation for Fiscal Year 2025/26. Economic Development Director Ryan Kaup presented that the City of Apache Junction and 21 other communities contract with the Greater Phoenix Economic Council (GPEC)on an annual basis to receive regional economic development services. The City of Apache Junction has partnered with GPEC for the previous 17 years. Key benefits of this partnership include prospect generation, marketing, and research analysis. As part of the City partnership with GPEC, Economic Development staff participate in regional economic development activities, including responding to GPEC originated business attraction prospects and assisting with the formulation of an Action Plan. Staff also participates in the Economic Development Directors Team (EDDT) and attends strategic sales missions with GPEC staff. The annual contract amount for GPEC is based on the State of Arizona Office of Economic Opportunity's 2024 population estimate for Apache Junction (41,643) multiplied by a fixed City of Apache Junction,Arizona Page 5 City Council Meeting Meeting Minutes July 1,2025 amount per capita ($.4897). The City's contracted rate for Fiscal Year 2025-2026 is thus $20,392.00. During the previous fiscal year, Economic Development staff responded to six (6) Requests for Proposals (RFPs) generated by GPEC for new companies considering the Greater Phoenix region. These RFP's provided Apache Junction the opportunity to compete for projects with the potential to: •Add up to 4,400 jobs • Build/absorb up to 1.5M square feet of industrial space • Invest more than $11.813 in capital expenditures Looking ahead, Economic Development staff is focused on bringing more speculative industrial space to Apache Junction, which will give the community a better opportunity to land GPEC originated projects. As a reminder, most industrial companies moving to the region will select a building already completed or under construction. Additionally, Apache Junction is in a strong position with the State Land along both the US60 and State Route 24, which will give our community the opportunity to get more looks from "build-to-suit" projects looking for large land sites, as other East Valley cities continue to approach buildout. Councilmember Peter Heck has served on the GPEC Board of Directors for the previous three (3)years. In Fiscal Year 2025-2026, this seat will be transitioned to Councilmember Bambi Johnson with the first quarterly board meeting taking place on September 18th, 2025. Vice Mayor Schroeder asked about the leads that have been received from GPEC. Mr. Kaup responded with the types of leads that have been received. Senior Vice President of Business Development for GPEC Brad Smidt presented the background, services they provide, Fiscal Year 2025 overview and current projects in the area. He also went over the community benefits report. Councilmember Heck inquired the reasons Apache Junction has not been chosen for many projects that went to other neighboring cities. Mr. Smidt responded with the various reasons why Apache Junction may have not been considered. Vice Mayor Schroeder shared his concern for continuing with GPEC when the City has not benefited from any projects with them. City of Apache Junction,Arizona Page 6 City Council Meeting Meeting Minutes July 1,2025 14. 25-309 Presentation and discussion on approval of agreements for on-call engineering services between the City of Apache Junction and various consultants for a term of July 1, 2025, through June 30, 2026, in an amount not to exceed $300,000.00. City Engineer Emile Schmid presented that the City has used professional services agreements for on-call engineering services since July 2022. The purpose of the on-call consultants is to improve responsiveness, provide flexibility and minimize delays. The professional services agreements are due to expire on June 30, 2025. Engineering staff would like to amend the current on-call agreements of the consultant list below and add an additional year of engineering services. The term of the amended agreement will be July 1, 2025, through June 30, 2026. Service Area 1: General Civil Engineering Burgess & Niple, Inc. Carollo Engineers, Inc. EPS Group, Inc. Kimley-Horn and Associates, Inc. Strand Associates, Inc. T.Y. Lin International, Inc. Service Area 2: General Survey Services Entellus, Inc. Wood/Patel &Associates, Inc. Service Area 3: Geotechnical Ninyo & Moore Geotechnical and Environmental Sciences Consultants, Inc. Speedie &Associates, LLC Councilmembers has no concerns. 15. 25-314 Presentation and discussion on approval of agreements for Job Order Contracting services between the City of Apache Junction and various trade service contractors for projects ranging from $2,500.00 to $500,000.00 each, not to exceed $1,000,000.00 each year. Parks and Recreation Director Liz Langenbach presented that to explore more diversified, streamlined methods of procuring contractor services, the City issued Request for Qualification (RFQ)25TS-001 Job Order Contracting (JOC)for Trade Services. Statement of Qualifications (SOQs)were due on May 7th, 2025, and the city received SOQs from eight(8)firms across thirteen (13)categories. These were ranked by a panel that included city staff, a state registered technician and a state licensed contractor(the last two (2) required by state law). The City ranked and selected a maximum of three (3)firms for each category. The City chose not to award any categories that received only one (1) respondent. City of Apache Junction,Arizona Page 7 City Council Meeting Meeting Minutes July 1,2025 The Job Order Contract(JOC) method of delivery is allowed within state law and within our procurement code. It allows for a quicker turnaround time for receiving proposals and starting construction projects. The City often piggybacks on other municipal/county/state JOCs, but this is the first attempt to have our own. If awarded, each firm will enter into a Master Agreement for each category they were awarded, for a term of one (1)year, with the City's option to renew for a maximum of two (2) more years. Each project(Work Order) under these agreements may range from $2,500 to$500,000 per contractor; however, the total of all Work Orders may not exceed $1,000,000 per contractor, within the one (1)year term. Recommendation: Staff respectfully recommend award of contract within the following categories: General Construction: CGON Inc. Scholz Contracting Willmeng Framinq & Drywall: AR Mays Willmeng Painting,Wall Covering, & Repair: AR Mays Builders Guild Willmeng Flooring: AR Mays Willmeng Doors, Door Hardware &Access Control: AR Mays Willmeng Electrical: PLG, LLC Willmeng Concrete,Asphalt& Repairs: Scholz Contracting Willmeng City of Apache Junction,Arizona Page 8 City Council Meeting Meeting Minutes July 1,2025 Landscape & Hardscape: Scholz Contracting Willmeng Mass Grading, Haul Off, Dump Services, Tractor Work: Scholz Contracting Willmeng Councilmember Johnson asked if the funds for this agreement were part of the approved budget. Ms. Langenbach responded that this is part of the approved budget. Vice Mayor Schroeder inquired about the categories that received no response and if the existing contractors will not be used any longer. He also stated the companies on the approved agreement should be used and not existing contractors that did not go through the process. Ms. Langenbach responded to all inquiries. 16. 25-315 Presentation and discussion on approval of agreements for Job Order Contracting services between the City of Apache Junction and various general construction contractors for projects ranging from $500,000.00 to $5,000,000.00. Parks and Recreation Director Liz Langenbach presented that to explore more diversified, streamlined methods of procuring contractor services, the City issued a Request for Qualification (RFQ)25GC-001 Job Order Contracting (JOC)for General Contracting Services. JOC method of delivery is allowed within state law and within our procurement code. It allows for a quicker turnaround time for receiving proposals and starting construction projects. The City often piggybacks on other municipal/county/state JOCs, but this is the first attempt to have our own. Statements of Qualification (SOQ's)were due on May 7th, 2025, and the city received SOQ;s from eighteen (18)firms. These were ranked by a panel that included City staff, a state registered technician and a state licensed contractor(the last two (2) required by state law). The following eighteen (18)firms submitted SOQ's: A.R. Mays Construction Brycon Builders Guild Inc. Caliente Construction Co. City of Apache Junction,Arizona Page 9 City Council Meeting Meeting Minutes July 1,2025 Chasse Building Team Core Construction Danson Construction Econosmart Property Services GCON Inc. Haydon Companies LLC Hunter Contracting Co. KBE Building Corporation Lloyd Construction Co. SDB Ccontracting Services Sharp Construction Sun Eagle Corporation Valley Rain Construction Corp. Willmeng The panel ranked and selected five (5)firms for placement on the General Contracting JOC list. The firms were evaluated based on their statement of qualifications and their strength/experience. The panel selected firms that would be best suited to the various types of projects the City will have over the next few years. The highest ranked firms are as follows, in order of rank: 1. Chasse Building Team 2. Hunter Contracting Co. 3. Haydon Companies LLC 4. Caliente Construction Co. 5. Willmeng Recommendation: Parks and Recreation staff respectfully request City Council consider award to the above five (5) highest ranked firms. If awarded, each firm will enter into a Master Agreement for a term of one (1)year, with the City's option to renew for a maximum of two (2) more years. Each project (Work Order) under these agreements may range from $500,000 to $5,000,000 per contractor. Vice Mayor Schroeder commented on the great job with the structure of the agreements. Councilmember Johnson asked about the liability insurance amount listed on the agreements and if a performance bond would need to be added for the higher price projects. City Attorney Joel Stern and Ms. Langenbach responded. K. COUNCIL DIRECTION TO STAFF City of Apache Junction,Arizona Page 10 City Council Meeting Meeting Minutes July 1,2025 L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES M. CALL TO PUBLIC There were no Call to Public speakers. N. ADJOURNMENT Mayor Wilson adjourned the meeting at 8:42 p.m. ACCEPTED THIS DAY OF 12025, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF 2025. WALTER"CHIP"WILSON Mayor ATTEST: EVIE MCKINNEY City Clerk City of Apache Junction,Arizona Page 11 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 3. '+PizoN* File ID: 25-326 Sponsor: Kelsey Schattnik Agenda Date: 7/15/2025 Index: In Control: City Council Meeting Consideration of approval of Map of Dedication for Blossom Rock Trail Phase 2 (SV-22-36-BI). City of Apache Junction,Arizona Page 1 Printed on 711012025 MAP OF DEDICATION FOR BLOSSOM ROCK TRAIL PHASE 2 LOCATED IN THE SOUTHWEST QUARTER OF SECTION 17 AND THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 1 SOUTH, RANGE 8 EAST, OF THE GILA AND SALT RIVER MERIDIAN, PINAL COUNTY, ARIZONA DEDICATION APPROVALS NOTES STATE OF ARIZONA ) THIS FINAL PLAT HAS BEEN CHECKED FOR CONFORMANCE WITH THE REQUIREMENTS OF THE LAND 1. THE MAINTENANCE OF LANDSCAPING WITHIN THE PUBLIC RIGHT—OF—WAY TO THE BACK OF ELLIOT AVENUE S.S DEVELOPMENT CODE AND ANY OTHER APPLICABLE ORDINANCE AND REGULATIONS AND THAT ASSURANCES CURB SHALL BE THE RESPONSIBILITY OF THE HOMEOWNERS' ASSOCIATION, AS APPLICABLE, OR ALIGNMENT COUNTY OF PINAL ) WILL BE PROVIDED PRIOR TO APPROVAL OF ALL RELATED IMPROVEMENT PLANS. THE ABUTTING LOT, TRACT OR PARCEL OWNER. KNOW ALL MEN BY THESE PRESENTS: 2. THE OVERHEAD UTILITY LINES ON OR ADJACENT TO THE SITE SHALL BE UNDERGROUNDED AS W OUTLINED IN § 1-8-6(K), RELOCATION OF OVERHEAD WIRES AND EQUIPMENT, ZONING > SECTION 17 THAT BROOKFIELD ASLD 8500, A DELAWARE LIMITED LIABILITY COMPANY, AS OWNER, DOES HEREBY PUBLISH THIS MAP OF ORDINANCE, VOL. II, APACHE JUNCTION CITY CODE. ALL EXISTING AND PROPOSED ONSITE T1S R8E, DEDICATION FOR "BLOSSOM ROCK TRAIL PHASE 2" BEING A PORTION OF LAND RECORDED IN FEE NO. 2020-137555, PINAL DEVELOPMENT SERVICES PROJECT ENGINEER DATE OVERHEAD UTILITY LINES SHALL BE PLACED UNDERGROUND. G&SRM COUNTY RECORDS AND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 17 AND THE NORTHWEST QUARTER OF SECTION 20, 0 TOWNSHIP 1 SOUTH, RANGE 8 EAST, OF THE GILA AND SALT RIVER MERIDIAN, PINAL COUNTY, ARIZONA, AS SHOWN HEREON, AND 3. SIDEWALKS LOCATED OUTSIDE THE PUBLIC RIGHT—OF—WAY SHALL BE MAINTAINED BY THE 0 SUBJECT HEREBY DECLARES THAT THIS MAP OF DEDICATION SETS FORTH THE LOCATION AND GIVES THE DIMENSIONS OF EACH OF THE APPROVED BY THE COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THIS DAY OF HOMEOWNERS' ASSOCIATION UNLESS OTHERWISE SPECIFIED WITHIN THE MAINTENANCE AND/OR 0 MAP WARNER STREETS AND EASEMENTS CONSTITUTING SAME, AND THAT EACH OF THE STREETS AND EASEMENTS SHALL BE KNOWN BY THE DEVELOPMENT AGREEMENTS BETWEEN THE CITY AND THE DEVELOPER. Z AVENUE NAME, OR LETTER GIVEN TO IT RESPECTIVELY . 2024. AND THE CITY COUNCIL ACCEPTS THE RIGHTS—OF—WAY DEDICATED HEREIN 0 ALIGNMENT ON BEHALF OF THE PUBLIC. THE SUBDIVIDER HAS PROVIDED A CERTIFICATE OF ASSURED WATER SUPPLY 4. THE CITY OR ANY GOVERNING ENTITY HAVING JURISDICTION OVER THE MAP OF DEDICATION EASEMENTS ARE DEDICATED FOR THE PURPOSES SHOWN. AS REQUIRED BY ARIZONA REVISED STATUTES 45.576 OR EVIDENCE THAT THE AREA HAS BEEN DESIGNATED SHALL HAVE THE RIGHT TO ENFORCE ALL NOTES SHOWN AND ASSOCIATED WITH THE MAP OF — BY THE ARIZONA DEPARTMENT OF WATER RESOURCES AS HAVING AN ASSURED WATER SUPPLY. DEDICATION ON THE HOMEOWNERS' ASSOCIATION OR ALL FUTURE OWNERS, ASSIGNS AND SUCCESSORS IN INTEREST AND/OR BENEFITING PROPERTIES. SECTION 20 ALL STREETS SHOWN HEREON WILL BE DEDICATED TO AND MAINTAINED BY THE CITY OF APACHE JUNCTION. T1S, R8E, 5. PURSUANT TO SECTION 4.7.6.1 OF THE DEVELOPMENT AGREEMENT FOR SUPERSTITION VISTAS G&SRM THE OWNER, AS TO THE PORTION OF THE PROPERTY OWNED BY THAT OWNER, HEREBY DEDICATES TO THE CITY OF APACHE BETWEEN THE CITY OF APACHE JUNCTION AND D.R. HORTON, INC., A DELAWARE JUNCTION FOR USE AS SUCH THE PUBLIC UTILITY AND FACILITY EASEMENTS, AS SHOWN ON THE SAID PLAT AND INCLUDED IN CORPORATION, DATED OCTOBER 28, 2021 AND RECORDED AS FEE NO. 2021 140530, OFFICIAL THE ABOVE DESCRIBED PREMISES. THE DEDICATION OF REAL PROPERTY MARKED AS STREETS ON THIS PLAT IS A DEDICATION TO RECORDS OF PINAL COUNTY, ARIZONA, DEVELOPER, AND ITS SUCCESSORS AND ASSIGNS THE CITY OF APACHE JUNCTION, IN FEE, FOR THE CITY'S USE AS PUBLIC RIGHT—OF—WAY. THE DEDICATION OF REAL PROPERTY BY: ATTEST:MAYOR CITY CLERK WHICH MAY INCLUDE RADIANCE COMMUNITY ALLIANCE, INC., OR RADIANCE RESIDENTIAL INC.) SHALL MAINTAIN ANY AND ALL LANDSCAPING INSTALLED WITHIN AND MARKED AS PUBLIC UTILITY AND FACILITIES EASEMENTS IS A DEDICATION OF A PUBLIC UTILITY AND FACILITIES EASEMENT TO THE ASSOCIATION, RAY AVENUE CITY, WITH SUCH DEDICATION INCLUDING THE FOLLOWING USES: TO CONSTRUCT, INSTALL, ACCESS, MAINTAIN, REPAIR, ADJACENT TO THE ROAD RIGHTS—OF—WAY WITHIN THE SUBDIVISION SHOWN ON THIS PLAT. ALIGNMENT N� RECONSTRUCT, REPLACE, REMOVE, UTILITIES AND FACILITIES (INCLUDING, BUT NOT LIMITED TO, WATER, WASTEWATER, GAS, VICINITY MAP ELECTRIC, STORM WATER, PIPES, CONDUIT, CABLES, AND SWITCHING EQUIPMENT), CONDUCTORS, CABLES, FIBER OPTICS, ACKNOWLEDGEMENT 6. PUBLIC UTILITY AND FACILITY EASEMENTS (PUFE) WILL BE TREATED LIKE PUBLIC UTILITY COMMUNICATION AND SIGNAL LINES, TRANSFORMERS, VAULTS, MANHOLES, CONDUITS, PIPES AND CABLES, FIRE HYDRANTS, EASEMENTS WHEN DETERMINING WHO PAYS RELOCATION COSTS OF SRP AND SOUTHWEST GAS NOT TO SCALE STREET LIGHTS, STREET PAVEMENT, CURBS, GUTTERS, SIDEWALKS, TRAFFIC SIGNALS, EQUIPMENT AND SIGNS, PUBLIC TRANSIT STATE OF ARIZONA ) FACILITIES IN PUFE'S ON THIS PLAT. FACILITIES, SHELTERS AND IMPROVEMENTS, LANDSCAPING, STORM DRAINAGE, WATER RETENTION AND DETENTION, FLOOD CONTROL, ) S.S AND ALL APPURTENANCES TO ALL OF THE FOREGOING, AND ALL SIMILAR AND RELATED PURPOSES TO THE FOREGOING, TOGETHER WITH THE RIGHT TO ALTER GROUND LEVEL BY CUT OR FILL (PROVIDED THAT GROUND LEVEL SHALL NOT BE ALTERED IN A COUNTY OF MARICOPA ) MANNER THAT CONFLICTS WITH THE OPERATION, MAINTENANCE, OR REPAIR OF EXISTING UTILITY OR PUBLIC IMPROVEMENTS) AND THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF LEGEND o THE UNRESTRICTED RIGHT OF VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS TO, FROM, AND ACROSS THE EASEMENT SUBJECT BOUNDARY LINE PROPERTY. ADDITIONALLY, THE CITY IS AUTHORIZED TO PERMIT OTHERS TO USE THE PUBLIC UTILITY AND FACILITY EASEMENT 2024, BY . THE AND SITE DATA TAB L E — PLSS SECTION LINECD PROPERTY FOR ALL USES AND FACILITIES ALLOWED HEREIN. ALL OTHER EASEMENTS ARE HEREBY DEDICATED FOR THE PURPOSES THE OF BROOKFIELD RESIDENTIAL (ARIZONA) LLC, A DELAWARE LIMITED LIABILITY COMPANY, TOTAL RIGHT—OF—WAY 189,042 SQ.FT. 4.3398 AC 0 UNLESS APPROVED OTHERWISE BY THE CITY OF APACHE JUNCTION, ALL EASEMENTS CREATED BY THIS PLAT ARE PERPETUAL AND NONEXCLUSIVE EASEMENTS. IN ITS CAPACITY AS MANAGER OF BROOKFIELD ASLD 8500 LLC, A DELAWARE LIMITED LIABILITY COMPANY, ON BEHALF EXISTING & PROPOSED ZONING MPC Lo THEREOF. C) NOTWITHSTANDING THE FOREGOING DEDICATIONS, OWNER HEREBY RESERVES AN INTEREST IN ANY OF THE FOREGOING REAL PROPERTY UPON WHICH "PUBLIC INFRASTRUCTURE" AS SUCH TERM IS DEFINED IN SECTION 48-701, ARIZONA REVISED STATUTES, OWNER/DEVELOPER CD N HAS BEEN OR IS TO BE CONSTRUCTED, INCLUDING THE DISTRICT IMPROVEMENTS. EXCEPT AS OTHERWISE PROVIDED IN THE LAST NOTARY PUBLIC SENTENCE OF THIS PARAGRAPH, SUCH INTEREST IS TO BE ACQUIRED BY THE CFD. SUCH INTEREST IS LIMITED TO ONE SHEET INDEX BROOKFIELD ASLD 8500 LLC o NECESSARY TO ACCOMMODATE THE FINANCING OF THE ACQUISITION OF SUCH PUBLIC INFRASTRUCTURE (INCLUDING OF SUCH 14646 N KIERLAND BLVD., SUITE 165 Q INTEREST IN SUCH REAL PROPERTY) PURSUANT TO THE CFD DEVELOPMENT AGREEMENT. SUCH INTEREST IS TO BE RELEASED MY COMMISSION EXPIRES SHEET DESCRIPTION TITLE SCOTTSDALE, ARIZONA 85254 # PHONE: 602-903-7506 UPON THE EARLIER OF THE ACQUISITION OF SUCH PUBLIC INFRASTRUCTURE ONLY BY THE CFD PURSUANT TO THE CFD CONTACT: ERIC TUNE, P.E. DEVELOPMENT AGREEMENT OR DECEMBER 31, 2056. 1 COVER SHEET COV o 0 2 MAP OF DEDICATION MOD IN WITNESS WHEREOF: N BROOKFIELD ASLD 8500, A DELAWARE LIMITED LIABILITY COMPANY, AS DEVELOPER, HAS HERETO CAUSED ITS NAME TO BE 3 LEGAL DESCRIPTION, CURVE & LINE TABLES TBL SURVEYOR AFFIXED AND THE SAME TO BE ATTESTED BY THE SIGNATURE OF THE UNDERSIGNED OFFICERS THIS DAY OF SUNRISE ENGINEERING, LLC . 2024. 2045 S VINEYARD STE 101 U MESA, AZ 85210 BROOKFIELD ASLD 8500, LLC, A DELAWARE LIMITED LIABILITY COMPANY RONNIE DORSEY, RLS 480.768.8600 o cn BY: BROOKFIELD RESIDENTIAL (ARIZONA) LLC, A DELAWARE LIMITED LIABILITY COMPANY, ITS MANAGER m BY; BASIS OF BEARING N 0 THE BASIS OF BEARING FOR THIS SURVEY IS THE WEST LINE OF THE SOUTHWEST ITS: QUARTER OF SECTION 17, TOWNSHIP 1 SOUTH, RANGE 8 EAST OF THE GILA AND SALT RIVER MERIDIAN BEING NORTH 0°17'10" WEST BETWEEN A PINAL COUNTY PUBLIC WORKS DEPARTMENT BRASS CAP IN HAND HOLE MARKING THE SOUTHWEST CORNER BY: OF SAID SECTION 17 AND A BRASS CAP IN HAND HOLE MARKING THE WEST QUARTER CORNER OF SAID SECTION 17 N cn ITS: FLOOD PLAIN SUBJECT PROPERTY LIES IN FLOOD ZONE "X" AND ZONE "A" PER FLOOD INSURANCE RATE MAP (FIRM) PANEL NO. 04021 CO200E DATED DECEMBER 4, 2007. SPECIAL FLOOD HAZARD ZONE "X" IS DESCRIBED AS: "AREAS OF MINIMAL FLOOD HAZARD." SPECIAL E FLOOD HAZARD AREA ZONE "A" IS DESCRIBED "WITHOUT BASE FLOOD ELEVATION". o 0 m N 0 i U 0 of E 0 U) U) 0 m SURVEYOR'S CERTIFICATION1 -0 BRED LAND 5�� THIS IS TO CERTIFY THAT THE SURVEY AND MAP OF DEDICATION OF THE PREMISES DESCRIBED ��G�� F �ArFNoF�o� � SUNRISE AND PLATTED HEREON WAS MADE UNDER MY DIRECTION DURING THE MONTH OF JUNE, 2024; 38•862 i THAT THE SURVEY IS TRUE AND COMPLETE AS SHOWN; THAT THE MONUMENTS SHOWN ACTUALLY RONNIE E. � ENGINEERING � EXIST OR WILL BE SET AS SHOWN;THAT THEIR POSITIONS ARE CORRECTLY SHOWN; AND THAT DORSEY Q o \ SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. �fe 2045 SOUTH VINEYARD, SUITE 101 S'gned0° SP MESA, ARIZONA 85210 ARrzoNA, TEL 480.768.8600 www.stinrise-eng.com MAP OF DEDICATION RONNIE DORSEY, RLS # 38862 DATE FOR BLOSSOM ROCK TRAIL PHASE 2 SE/ N0, SUR VEYED I DRAWN I CHECKED SHEET NO. I Co 09936 MS EB RED 1 of 3 22-36-BI EAST QUARTER CORNER SECTION 18, WEST QUARTER CORNER SECTION 17, T1 S, R8E, G&SRM / BRASS CAP IN HAND HOLE Oq N n CV I POB N89'42'50"E 2037.91\_ ��\ 100*000 100 cr- \�� 100 m `V \� o� C1 f \ \\ 0 0 \ ��\ 40.5' �� \\ \\ 33.5' m of C40 \ R/W 17' PUFE \\ R/W Z C39 40.5 0 \ R/W \ \ R�W \\ 104-07-009P \ \ \ DR HORTON INC M \o \ \ \ STATE OF ARIZONA \ c9cp \ \ cn\ DOC NO. 2020-137555, PCR \ w \\ C4 \ \\ C38 \ APPROXIMATE \ �o \\ / C37 \ FEMA ZONE "X" LIMITPOC \� \ / \ V A CORNER COMMON TO \ �� \ \ d, \\ 17' PUFE SECTIONS 17, 18, 19 & 20 17' PUFE \ N \ \ 6,� \ •o T1 S, R8E, G&SRM O \ PINAL COUNTY 104-07-009P \ o \ o PUBLIC WORKS DEPARTMENT \ DR HORTON INC \ BRASS CAP IN HAND HOLE \\ \\ STATE OF ARIZONA \ \\ DOC NO. 2020-137555, PCR \A \ \ o� \ \ \ �J Ln \ \ C11 APPROXIMATE Ln \ 7< r',� \ \ C12 FEMA ZONE "A" LIMIT o cll C30 \ �o\ CD C29 CD APPROXIMATE \ s\ \ FEMA ZONE "X" LIMIT \" A 17' PUFE \ \ \ NN C13 o0 \ \ 33.5' APPROXIMATE k�'o_ O C14 / N \\ \\ R/W FEMA ZONE "X" LIMIT / C28 C27 LI` 33.5' \\ \\ \ �� \ R/W \ \ � �15 / o \\ \\ \ < to APPROXIMATEcn \ C� FEMA ZONE "X" LIMIT m N C7 CD co C35 N ro C17 v i \ C18 y 5cn r� N C24 C9 \ 17' PUFE ��ti N6�5� o � APPROXIMATE C23 \ \ C.) ♦ FEMA ZONE "A" LIMIT \ \ ~ C33 100 \ \ 1 V ORTH/V AT L C32 c,3' 0c100N FLAG \ \ � .� 17 PUFE � 06,\ MP \ \ SCALE 0 � 0 70' 140' m HCRIZ: 1" = 70' CD i SYMBOL LEGEND ABBREVIATIONS \�� \ 40.5' APN ASSESSOR PARCEL NUMBER \ \ R/W FOUND PLSS SECTION MONUMENT, AS NOTED DOC N0. DOCUMENT NUMBER \ E EAST \ \ m FEMA FEDERAL EMERGENCY MANAGEMENT AGENCY 40.5' \ \ m G&SRM GILA AND SALT RIVER MERIDIAN R/W \ \ C1 g GSgFRED LA \ o �� F I CA 0 N NORTH \ C20 �� LINE TYPE LEGEND PCR PINAL COUNTY RECORDS \ SUNRISE 386248 �\ \ RONNI . PLSS PUBLIC LAND SURVEY SYSTEM \ � \ `` ENGINEERING SUBJECT BOUNDARY POB POINT OF BEGINNING CC21 00� o HORSEY�`\ SUBJECT EASEMENT POC POINT OF COMMENCEMENT 2 \ °fes \�. 2045 SOUTH VINEYARD, SUITE 101 \ S? MESA, ARIZONA 85210 FEMA FLOOD ZONE LINE PUFE PUBLIC UTILITY AND FACILITY EASEMENT \r'� `p' g�edo.. CENTERLINE \o �\ � AR s°3A�3�� TEL 480.768.8600 PLSS SECTION LINE R TOWNSHIP p z www.sunrise-eng.com � MATCHLINE ANGE R/W RIGHT-OF-WAY \� �\� MAP OF DEDICATION S SOUTH \ W WEST \'•P FOR BLOSSOM ROCK TRAIL PHASE 2 SEI N0. SURVEYED DRAWN CHECKED SHEET NO. m09936 MS EB RED 2 of 3 22-36-BI RIGHT-OF-WAY DESCRIPTION A PORTION OF THE SOUTHWEST QUARTER OF SECTION 17 AND THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 1 THENCE ALONG SAID CURVE, A DISTANCE OF 13.12 FEET, SOUTH, RANGE 8 EAST, OF THE GILA AND SALT RIVER MERIDIAN, PINAL COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THENCE NORTH 24°06'48" WEST A DISTANCE OF 291.58 FEET, TO THE BEGINNING OF A CURVE TO THE RIGHT, HAVING COMMENCING AT A PINAL COUNTY PUBLIC WORK DEPARTMENT BRASS CAP IN HAND HOLE MARKING THE SOUTHWEST A RADIUS OF 24.00 FEET, A CENTRAL ANGLE OF 31°19'56", AND A CHORD THAT BEARS NORTH 8°26'50" WEST, CORNER OF SAID SECTION 17, FROM WHICH A BRASS CAP IN HAND HOLE MARKING THE WEST QUARTER CORNER OF SAID 12.96 FEET; SECTION 17 BEARS NORTH 017'10" WEST A DISTANCE OF 2641.40 FEET; THENCE ALONG SAID CURVE FOR A DISTANCE OF 13.12 FEET TO THE BEGINNING OF A REVERSE CURVE, HAVING THENCE NORTH 017'10" WEST, ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 17, A DISTANCE OF A RADIUS OF 24.00 FEET, A CENTRAL ANGLE OF 31°19'56", AND A CHORD THAT BEARS NORTH 8°26'50" WEST, 318.59 FEET; 12.96 FEET; THENCE NORTH 89°42'50" EAST, A DISTANCE OF 2037.91 FEET TO THE POINT OF BEGINNING; THENCE ALONG SAID CURVE FOR A DISTANCE OF 13.12 FEET; THENCE NORTH 65°53'12" EAST, A DISTANCE OF 67.00 FEET; THENCE NORTH 24°06'48" WEST A DISTANCE OF 75.00FEET TO THE BEGINNING OF A CURVE TO THE LEFT, HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 90°00 00 , AND A CHORD THAT BEARS NORTH 69 06 48 WEST, THENCE SOUTH 24°06'48" EAST, A DISTANCE OF 97.76 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A 35.36 FEET; CURVE TABLE CURVE TABLE RADIUS OF 24.00 FEET, A CENTRAL ANGLE OF 3119'56", AND A CHORD THAT BEARS SOUTH 39°46'46" EAST, 12.96 FEET, THENCE ALONG SAID CURVE FOR A DISTANCE OF 39.27 FEET; CURVE DELTA RADIUS LENGTH CHORD BEARING CHORD DIST CURVE DELTA RADIUS LENGTH CHORD BEARING CHORD DIST THENCE ALONG SAID CURVE, A DISTANCE OF 13.12 FEET TO THE BEGINNING OF A REVERSE CURVE HAVING A RADIUS OF 24.00 FEET, A CENTRAL ANGLE OF 3119'56", AND A CHORD THAT BEARS SOUTH 39°46'46" EAST, 12.96 FEET; THENCE NORTH 24'06'48" WEST A DISTANCE OF 23.00 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, HAVING A Cl 3119'56" 24.00 13.12' S39°46'46"E 12.96' C21 3119'56" 24.00 13.12' N39°46'46"W 12.96' RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 90°00'00", AND A CHORD THAT BEARS NORTH 20°53'12" EAST, C2 31'19'56" 24.00 13.12' S39°46'46"E 12.96' C22 31°1956" 24.00 13.12' N39°4646"W 12.96' THENCE ALONG SAID CURVE, A DISTANCE OF 13.12 FEET, 35.36 FEET; THENCE SOUTH 24°06'48" EAST, A DISTANCE OF 198.55 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A THENCE ALONG SAID CURVE FOR A DISTANCE OF 39.27 FEET; C3 31*19'56" 24.00 13.12' S8°26'50"E 12.96' C23 311956" 24.00 13.12' N8°26'50"W 12.96' RADIUS OF 24.00 FEET, A CENTRAL ANGLE OF 31°19'56", AND A CHORD THAT BEARS SOUTH 8°26'50" EAST, 12.96 FEET, C4 3119'56" 24.00 13.12' S8°26'50"E 12.96' C24 3119'56" 24.00 13.12' N8'26'50'W 12.96' THENCE NORTH 24'06'48" WEST A DISTANCE OF 75.00 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, HAVING A THENCE ALONG SAID CURVE, A DISTANCE OF 13.12 FEET TO THE BEGINNING OF A REVERSE CURVE HAVING A RADIUS OF � ff � " � " �� RADIUS OF 24.00 FEET, A CENTRAL ANGLE OF 31°19 56 , AND A CHORD THAT BEARS NORTH 39°46 46 WEST, C5 26°58 46 100.00 47.09 S56°41 42 E 46.65 C25 90°00 00 25.00 39.27 N69°06 48 W 35.36 24.00 FEET, A CENTRAL ANGLE OF 31°19'56", AND A CHORD THAT BEARS SOUTH 8°26'50" EAST, 12.96 FEET; 12.96 FEET; " " " " , C6 7°06 54 84.50 10.49 S66°37 38 E 10.49 C26 90°00 00 25.00 39.27 N20°5312 E 35.36 THENCE ALONG SAID CURVE, A DISTANCE OF 13.12 FEET, THENCE ALONG SAID CURVE FOR A DISTANCE OF 13.12 FEET TO THE BEGINNING OF A REVERSE CURVE HAVING ' C7 51°02'38" 100.00 89.09' S88°35'30"E 86.17' C27 3119'56" 24.00 13.12' N39°46'46"W 12.96' THENCE SOUTH 24°06'48" EAST A DISTANCE OF 476.52 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A A RADIUS OF 24.00 FEET, A CENTRAL ANGLE OF 31°19'56", AND A CHORD THAT BEARS NORTH 39°46'46" WEST, RADIUS OF 100.00 FEET, A CENTRAL ANGLE OF 26°58'46", AND A CHORD THAT BEARS SOUTH 56°41'42" EAST, 46.65 12.96 FEET; C8 51'02'10" 100.00 89.07' S40°21'46"W 86.16' C28 311956" 24.00 13.12' N39°4646"W 12.96' FEET; THENCE ALONG SAID CURVE FOR A DISTANCE OF 13.12 FEET; C9 6*49'16" 84.50 10.06' S18°15'19"W 10.05' C29 3119'56" 24.00 13.12' N8°26'50"W 12.96' THENCE ALONG SAID CURVE, A DISTANCE OF 47.09 FEET TO THE BEGINNING OF A REVERSE CURVE HAVING A RADIUS OF f n f f n f f n f f n 84.50 FEET, A CENTRAL ANGLE OF 7°06'54", AND A CHORD THAT BEARS SOUTH 66°37'38" EAST, 10.49 FEET, THENCE NORTH 24'06'48" WEST A DISTANCE OF 110.10 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT, HAVING C10 27°54 30 100.00 48.71 S7°42 41 W 48.23 C30 31'19 56 24.00 13.12 N8'26 50 W 12.96 A RADIUS OF 24.00 FEET, A CENTRAL ANGLE OF 31°19'56", AND A CHORD THAT BEARS NORTH 8°26'50" WEST, C11 3119'56" 24.00 13.12' S39°46'46"E 12.96' C31 26°58'48" 100.00 47.09' N56°41'40"W 46.65' THENCE ALONG SAID CURVE, A DISTANCE OF 10.49 FEET TO THE BEGINNING OF A REVERSE CURVE HAVING A RADIUS OF 12.96 FEET; 100.00 FEET, A CENTRAL ANGLE OF 51°0238", AND A CHORD THAT BEARS SOUTH 88°35'30" EAST, 86.17 FEET, C12 3119'56" 24.00 13.12' S39°46'46"E 12.96' C32 7°06'46" 84.50 10.49' N66°37'41"W 10.48' L THENCE ALONG SAID CURVE FOR A DISTANCE OF 13.12 FEET TO THE BEGINNING OF A REVERSE CURVE, HAVING THENCE ALONG SAID CURVE, A DISTANCE OF 89.09 FEET, A RADIUS OF 24.00 FEET, A CENTRAL ANGLE OF 31°19'56", AND A CHORD THAT BEARS NORTH 8°26'50" WEST, C13 31*19'56" 24.00 13.12' S8°26'50"E 12.96' C33 51*02'10" 100.00 89.07' N88°3523"W 86.16' n EAST, A DISTANCE OF 46.05 FEET; 12.96 FEET; THENCE NORTH 65°5312 C14 3119'56" 24.00 13.12' S8°26'50"E 12.96' C34 51'02'10" 100.00 89.07' N40°21'46"E 86.16' THENCE ALONG SAID CURVE FOR A DISTANCE OF 13.12 FEET; C15 90°00'00" 25.00 39.27' S69°06'48"E 35.36' C35 6'49'11" 84.50 10.06' N18°15'17"E 10.05' THENCE SOUTH 24°06'48" EAST, A DISTANCE OF 32.00 FEET; � n f n f n f f n f f n f THENCE NORTH 24'06 48 WEST A DISTANCE OF 484.31 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, HAVING C16 90°00 00 25.00 39.27 S20°5312f W 35.36 C36 27°54 45 100.00 48.72 N7°42 30 E 48.24 Ln THENCE SOUTH 65°53'12" WEST, A DISTANCE OF 46.07 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A A RADIUS OF 100.00 FEET, A CENTRAL ANGLE OF 26'58'48", AND A CHORD THAT BEARS NORTH 56-41,40" n n n n , RADIUS OF 100.00 FEET, A CENTRAL ANGLE OF 51°02'10", AND A CHORD THAT BEARS SOUTH 40°21'46" WEST, 86.16 FEET; WEST, 46.65 FEET; C17 31'19 56 24.00 13.12 S39°46 46 E 12.96 C37 31'19 56 24.00 13.12 N39°46 46 W 12.96 t cl f f CD THENCE ALONG SAID CURVE, A DISTANCE OF 89.07 FEET TO THE BEGINNING OF A REVERSE CURVE HAVING A RADIUS OF C18 31'19f 56n 24.00 13.12' S39°46f 46n E 12.96' C38 31°19 56n 24.00 13.12f N39°46 46n W 12.96f THENCE ALONG SAID CURVE FOR A DISTANCE OF 47.09 FEET TO THE BEGINNING OF A REVERSE CURVE, HAVING 84.50 FEET, A CENTRAL ANGLE OF 6°49'16", AND A CHORD THAT BEARS SOUTH 1815'19" WEST, 10.05 FEET; A RADIUS OF 84.50 FEET, A CENTRAL ANGLE OF 7°06'46", AND A CHORD THAT BEARS NORTH 66°37'41" WEST, " " CD C19 31'19 53 24.00 13.12 S8°26 50 E 12.96 C39 31°19 56 24.00 13.12 N8°26 50 W 12.96 Q THENCE ALONG SAID CURVE, A DISTANCE OF 10.06 FEET TO THE BEGINNING OF A REVERSE CURVE HAVING A RADIUS OF 10.48 FEET; 100.00 FEET, A CENTRAL ANGLE OF 27°54'30", AND A CHORD THAT BEARS SOUTH 7°42'41" WEST, 48.23 FEET, C20 3119'56" 24.00 13.12' S8°26'50"E 12.96' C40 311956- 24.00 13.12' N8'26'50"W 12.96' THENCE ALONG SAID CURVE FOR A DISTANCE OF 10.49 FEET TO THE BEGINNING OF A REVERSE CURVE, HAVING THENCE ALONG SAID CURVE, A DISTANCE OF 48.71 FEET, A RADIUS OF 100.00 FEET, A CENTRAL ANGLE OF 51°02'10", AND A CHORD THAT BEARS NORTH 88°3523" o WEST, 86.16 FEET; THENCE SOUTH 24°06'48" EAST, A DISTANCE OF 482.94 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 24.00 FEET, A CENTRAL ANGLE OF 3119'56", AND A CHORD THAT BEARS SOUTH 39°46'46" EAST, 12.96 FEET; THENCE ALONG SAID CURVE FOR A DISTANCE OF 89.07 FEET; a_ THENCE ALONG SAID CURVE, A DISTANCE OF 13.12 FEET TO THE BEGINNING OF A REVERSE CURVE HAVING A RADIUS OF THENCE SOUTH 65°53'12" WEST A DISTANCE OF 42.04 FEET, 24.00 FEET, A CENTRAL ANGLE OF 31°19'56", AND A CHORD THAT BEARS SOUTH 39°46'46" EAST, 12.96 FEET, 0 THENCE NORTH 24'06'49" WEST A DISTANCE OF 32.00 FEET, LINE TABLE THENCE ALONG SAID CURVE, A DISTANCE OF 13.12 FEET, 0 THENCE NORTH 65°53'12" EAST A DISTANCE OF 42.04 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A LINE # DIRECTION LENGTH 0 THENCE SOUTH 24°06'48" EAST, A DISTANCE OF 110.10 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 100.00 FEET, A CENTRAL ANGLE OF 51°02'10", AND A CHORD THAT BEARS NORTH 40°21'46" EAST, L1 N6553'12"E 67.00' m RADIUS OF 24.00 FEET, A CENTRAL ANGLE OF 3119'56", AND A CHORD THAT BEARS SOUTH 8°26'50" EAST, 12.96 FEET, 86.16 FEET; THENCE ALONG SAID CURVE, A DISTANCE OF 13.12 FEET TO THE BEGINNING OF A REVERSE CURVE HAVING A RADIUS OF L2 N65'53'12"E 46.05' CD" THENCE ALONG SAID CURVE FOR A DISTANCE OF 89.07 FEET TO THE BEGINNING OF A REVERSE CURVE, HAVING L3 S24°06'48"E 32.00' 24.00 FEET, A CENTRAL ANGLE OF 31'19 56 , AND A CHORD THAT BEARS SOUTH 8°26 50 EAST, 12.96 FEET; A RADIUS OF 84.50 FEET, A CENTRAL ANGLE OF 6°49'11", AND A CHORD THAT BEARS NORTH 18°15'17" EAST, THENCE ALONG SAID CURVE, A DISTANCE OF 13.12 FEET, 10.05 FEET; L4 S65°53'12"W 46.07' » THENCE ALONG SAID CURVE FOR A DISTANCE OF 10.06 FEET TO THE BEGINNING OF A REVERSE CURVE, HAVING L5 S24°06'48"E 75.00' THENCE SOUTH 24°06 48 EAST, A DISTANCE OF 75.00 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A N RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 90°00'00", AND A CHORD THAT BEARS SOUTH 69°06'48" EAST, 35.36 FEET, A RADIUS OF 100.00 FEET, A CENTRAL ANGLE OF 27'54'45", AND A CHORD THAT BEARS NORTH 7°42'30" EAST, " 48.24 FEET; L6 S24°06 48 E 23.00 THENCE ALONG SAID CURVE, A DISTANCE OF 39.27 FEET, L7 S24°06'48"E 75.00' THENCE ALONG SAID CURVE FOR A DISTANCE OF 48.72 FEET; THENCE SOUTH 24°06'48" EAST, A DISTANCE OF 23.00 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A L8 S65°53'12"W 67.00' RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 90°00'00", AND A CHORD THAT BEARS SOUTH 20°53'12" WEST, 35.36 FEET, THENCE NORTH 24'06'48" WEST A DISTANCE OF 475.14 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, HAVING o A RADIUS OF 24.00 FEET, A CENTRAL ANGLE OF 31°19'56", AND A CHORD THAT BEARS NORTH 39°4646" WEST, L9 N24°06'48"W 75.00' THENCE ALONG SAID CURVE, A DISTANCE OF 39.27 FEET, 12.96 FEET; L10 N24°06'48"W 23.00' o THENCE SOUTH 24°06'48" EAST, A DISTANCE OF 75.00 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A THENCE ALONG SAID CURVE FOR A DISTANCE OF 13.12 FEET TO THE BEGINNING OF A REVERSE CURVE, HAVING m RADIUS OF 24.00 FEET, A CENTRAL ANGLE OF 31'19'56", AND A CHORD THAT BEARS SOUTH 39°4646" EAST, 12.96 FEET; A RADIUS OF 24.00 FEET, A CENTRAL ANGLE OF 31°19'56", AND A CHORD THAT BEARS NORTH 39°4646" WEST, L11 N24'06'48"W 75.00' THENCE ALONG SAID CURVE, A DISTANCE OF 13.12 FEET TO THE BEGINNING OF A REVERSE CURVE HAVING A RADIUS OF 12.96 FEET; L12 S65°53'12"W 42.04' CD 24.00 FEET, A CENTRAL ANGLE OF 3119'56", AND A CHORD THAT BEARS SOUTH 39°46'46" EAST, 12.96 FEET; THENCE ALONG SAID CURVE FOR A DISTANCE OF 13.12 FEET; L13 N24'06'49"W 32.01' THENCE ALONG SAID CURVE, A DISTANCE OF 13.12 FEET, f n L14 N6553'12"E 42.04' THENCE NORTH 24°06 48 WEST A DISTANCE OF 198.55 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT, HAVING m THENCE SOUTH 24°06'48" EAST, A DISTANCE OF 291.58 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A A RADIUS OF 24.00 FEET, A CENTRAL ANGLE OF 31°19'56", AND A CHORD THAT BEARS NORTH 8°26'50" WEST, m RADIUS OF 24.00 FEET, A CENTRAL ANGLE OF 31°19'56", AND A CHORD THAT BEARS SOUTH 8°26'50" EAST, 12.96 FEET; 12.96 FEET; BRED LAND SU THENCE ALONG SAID CURVE, A DISTANCE OF 13.12 FEET TO THE BEGINNING OF A REVERSE CURVE HAVING A RADIUS OF THENCE ALONG SAID CURVE FOR A DISTANCE OF 13.12 FEET TO THE BEGINNING OF A REVERSE CURVE, HAVING ��`s \FIc'j ��F�o > o f n f n f ff f n f � . b NO SUNRISE " 24.00 FEET, A CENTRAL ANGLE OF 31'19 56 , AND A CHORD THAT BEARS SOUTH 8°26 50 EAST, 12.96 FEET; A RADIUS OF 24.00 FEET, A CENTRAL ANGLE OF 31°19 56 , AND A CHORD THAT BEARS NORTH 8°26 50 WEST, 38862 m 12.96 FEET; RONNIE E. �- �� ENGINEERING THENCE ALONG SAID CURVE, A DISTANCE OF 13.12 FEET; DORSEY o o�� THENCE ALONG SAID CURVE FOR A DISTANCE OF 13.12 FEET; °yes oZ 2045 SOUTH VINEYARD, SUITE 101 THENCE SOUTH 24°06'48" EAST, A DISTANCE OF 114.50 FEET; AR/ZO o,�s? MESA, ARIZONA 85210 THENCE NORTH 24°06'48" WEST A DISTANCE OF 97.76 FEET TO THE POINT OF BEGINNING. �Xp res 3-3 '2� TEL 480.768.8600 THENCE SOUTH 65°53'12" WEST, A DISTANCE OF 67.00 FEET; www.stinrise-eng.com THENCE NORTH 24°06'48" WEST, A DISTANCE OF 114.50 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A MAP OF DEDICATION RADIUS OF 24.00 FEET, A CENTRAL ANGLE OF 3119'56", AND A CHORD THAT BEARS NORTH 39'46'46" WEST, 12.96 FEET, FOR THENCE ALONG SAID CURVE, A DISTANCE OF 13.12 FEET TO THE BEGINNING OF A REVERSE CURVE HAVING A RADIUS OF BLOSSOM ROCK TRAIL PHASE 2 24.00 FEET, A CENTRAL ANGLE OF 3119'56", AND A CHORD THAT BEARS NORTH 39°46'46" WEST, 12.96 FEET; 09936 M S SURVEYED EBAWN CHEREDCKED SHEET3 of 3o TBL 22-36-BI O� PQACHE✓G'L z City of Apache Junction /�� "As �r> Development Services Department ,. ``'` gRIZONP CITY COUNCIL CONSENT AGENDA STAFF REPORT DATE : July 15, 2025 TO: Honorable Mayor and City Council Members THROUGH: Bryant Powell, City Manager Rudy Esquivias, Development Services Director CASE NUMBERS : Map of Dedication Blossom Rock Trail Phase 2 (SV-22-36-BI) OWNERS : Brookfield Residential APPLICANT: Brookfield ASLD 8500 LLC REQUEST: Approval of Map of Dedication for Blossom Rock Trail Phase 2 LOCATION: Development Unit 2/Sections 17 & 20 BACKGROUND Brookfield Residential is requesting approval of a Map of Dedication for Blossom Rock Trail Phase 2 . Blossom Rock Trail Phase 2 will serve as a primary north/south collector for Development Unit 2 . The Blossom Rock Trail Phase 2 segment commences just north of Golden Ore Pass and stops at Warner Avenue . PLANNING DIVISION RECOMMENDATION Staff is supportive of the proposed Map of Dedication because of its conformance with the Auction Property at Superstition Vistas Master Planned Community Plan and the Superstition Vistas Master Infrastructure Reports and respectfully recommends that the City Council approve the proposed Map of Dedication request. "SV-22-36-BI,Map of Dedication for Blossom Rock Trail-Phase 2" July 15,2025 City Council Staff Report 1 RECOMMENDED MOTION FOR MAP OF DEDICATION I move that the Apache Junction City Council approve SV-22-36- BI, Map of Dedication for Blossom Rock Trail Phase 2, as requested by Brookfield Residential, generally located in the northern half of Section 20 and crossing into the southern portion of Section 17 . KeLa-ey Scha n k Prepared by Kelsey Schattnik Principal Planner Attachments : Exhibit #1 - Map of Dedication for Blossom Rock Trail Phase 2 (SV-22-36-BI) "SV-22-36-BI,Map of Dedication for Blossom Rock Trail-Phase 2" July 15,2025 City Council Staff Report 2 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No.4. Piz File ID: 25-334 Sponsor: Anna McCray Agenda Date: 7/15/2025 Index: In Control: City Council Meeting Consideration of approval of award of contract to Public Sector Personnel Consultants, Inc., in an amount not to exceed $67,000.00, for a Classification and Compensation Study under the City of Apache Junction RFP#25-001. City of Apache Junction,Arizona Page 1 Printed on 711012025 City of Apache Junction Human Resources DATE: June 30, 2025 TO: Honorable Mayor and City Councilmembers THROUGH: Bryant Powell, City Manager FROM: Anna McCray, Human Resources Director SUBJECT: Fiscal Year 2025-2026 Classification and Compensation Study As part of the city's proposed Fiscal Year 2025-2026 budget, $150,000 is included for a comprehensive classification and compensation study. The city conducted a compensation study in 2023 and a comprehensive classification and compensation study in 2015. While compensation studies compare titles and pay to the market comparators, full classification and compensation studies provide a more in-depth review which includes job titles,job descriptions and duties, pay structure and policies, promotional guidelines, and benefits, relative to market comparators. It is best practice for an organization to regularly evaluate their classification and compensation programs to ensure market competitiveness, transparency and equity in how positions are defined, and employees are compensated. Specifically, these studies help the city to: • Ensure that positions are appropriately classified based on duties and job descriptions. • Maintain market competitiveness in attracting and retaining quality employees. • Outline clear career paths to incentivize employees to stay with the organization and strive for advancement. • Promote equity by aligning roles, responsibilities, and compensation across like positions. • Support transparency and consistency in pay practices,job descriptions, and promotional opportunities. • Identify gaps and emerging trends in employee benefits that could enhance the city's overall value proposition as an employer. A Request for Proposals (RFP) was issued on March 13, 2025, and closed on April 17, 2025. The city received 11 responses, which were independently reviewed and scored by a cross- departmental panel of city employees. Class and Comp Staff Memo June 30, 2025 Page 2 Responses were received from: Bidder Amount AutoSolve Inc $97,125 Evergreen Solutions LLC $74,500 Flaherty & Hood PA $135,100 Gallagher Benefit Services $68,915 HR Now Consulting $84,750 Logic Compensation Group $145,250 Management Impact Solutions $155,546 McGrath Human resources Group $87,675 Paypoint HR LLC $92,750 Public Sector personnel Consultants Inc $67,000 Segal Group $180,000 After the initial assessment, the following four finalists were selected and interviewed: • Evergreen Solutions • Logic Compensation Group • Public Sector Personnel Consultants • McGrath Human Resources Group Following interviews, the panel unanimously recommends awarding the contract to Public Sector Personnel Consultants Inc. (PSPC). PSPC submitted the lowest-cost proposal and was determined to be the most responsive vendor. The contract is for an amount not to exceed $67,000, which includes a two-year survey update through 2027. The 2025 study will include: • A comprehensive review of job titles, job duties, and pay across the city's nine designated comparator organizations. • An assessment of the city's salary schedule structure, pay policies and promotional guidelines. 300 E Superstition Blvd Apache Junction,AZ 85119 (480)474-2617 apachejunctionaz.gov/110/human-resources Class and Comp Staff Memo June 30, 2025 Page 3 • A high-level review of total compensation to identify any competitive benefits the city may wish to consider that are not currently offered. PSPC previously conducted the city's last compensation update in 2023, and the last full classification and compensation study in 2015, bringing valuable institutional knowledge and continuity to this next study. In addition, they are an Arizona based company that is very familiar with Arizona cities and towns. The proposed contract with PSPC will be placed on the Consent Agenda for the July 15, 2025, City Council Meeting for formal consideration. 300 E Superstition Blvd Apache Junction,AZ 85119 (480)474-2617 apachejunctionaz.gov/110/human-resources PROFESSIONAL SERVICES AGREEMENT WITH PUBLIC SECTOR PERSONNEL CONSULTANTS INC ("PSPC") FOR CLASSIFICATION AND COMPENSATION STUDY THIS AGREEMENT is made as of the day of July 2025 (the "Effective Date") by and between the CITY OF APACHE JUNCTION, an Arizona municipal corporation ("City"), and PUBLIC SECTOR PERSONNEL CONSULTANTS INC, an Arizona "S" corporation, ("Consultant"), both of which may be hereinafter referred to collectively as the "Parties" or individually as a"Party". RECITALS A. City desires to retain a consultant to assist in a comprehensive classification and compensation study and to make payment for the same in accordance with the terms and conditions set forth in this Agreement, including all attachments and addenda which are appended hereto by mutual agreement of the Parties. B. The open market procedures have been satisfied. C. The Parties have set forth below contemplated services Consultant will provide City, including payment terms for such services and products. AGREEMENT NOW, THEREFORE, in consideration of the Recitals noted above, the mutual covenants and conditions below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. CONSULTANT'S DUTIES: Consultant agrees to perform the professional services detailed in Exhibit A. 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Consultant for professional services in an amount not to exceed Sixty Seven Thousand Dollars and Zero Cents ($67,000.00) in accordance with the price sheet set forth in Exhibit A. 3. CONSULTANT BILLING: Consultant shall bill City on a time and expense basis in a total amount not to exceed Section 2 above. City shall pay such billings within thirty (30) calendar days of the date of receipt. 1 4. TERMIRENEWAL: The term of this Agreement starts on July 16, 2025 and ends on June 30, 2027. Following the initial term, the Parties may renew or extend this Agreement. 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish Consultant with all data, information and other supporting services specified in Exhibit A. 6. CONSULTANT'S STANDARD OF PERFORMANCE: While performing the services, Consultant shall exercise the reasonable professional care and skill customarily exercised by reputable members of Consultant's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Consultant shall be responsible for all errors and omissions Consultant commits in the performance of this Agreement. 7. NOTICES: All notices to the Party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following: If to City and for invoices: City of Apache Junction Anna McCray, Human Resources Director 300 East Superstition Boulevard Apache Junction, AZ 85119 (480) 474-5406 amccrayLdapachejunctionaz gov If to Consultant: Public Sector Personnel Consultants, Inc. Matt Weatherly, President 2824 N Power Rd #113-486 Mesa, AZ 85215 (480) 947-6164 mattkDpspc.us 8. INSURANCE: Consultant, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed, possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City. All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Agreement is 2 satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of City, constitute a material breach of this Agreement. Consultant's insurance shall be primary insurance as respects the City, and any Insurance or self-insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery(subrogation) against City, its agents,officers,officials and employees for any claims arising out of Contractor's acts, errors, mistakes, omissions, work or service. The insurance policies may provide coverage which contains deductibles or self- insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies. Consultant shall be solely responsible for the deductible and/or self retention and City, at its option, may require Consultant to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive, within ten (10) working days, certified copies of any or all of the herein required Insurance policies and/or endorsements. City shall not be obligated, however, to review same or to advise Consultant of any deficiencies in such policies and endorsements, and such receipt shall not relieve Consultant from, or be deemed a waiver of, City's right to insist on strict fulfillment of Consultant's obligations under this Agreement. The insurance policies, except Workers' Compensation and Professional Liability, required by this Agreement, shall name City, its agents,officers,officials and employees as Additional Insureds. REQUIRED COVERAGE Commercial General Liability Consultant shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate limit. The policy shall Include coverage for bodily injury, broad form property damage, personal Injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement, which coverage will be at least as 3 broad as that on Insurance Service Office, Inc. Policy Form No. CG 00011093, or the equivalent thereof. Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc.'s Additional insured, Form 8, CG 20101185, or the equivalent thereof, and shall include coverage for Consultant's operations and products and completed operations. If required by this Agreement, if Consultant sublets any part of the work, services or operations, Consultant shall purchase and maintain, at all times during prosecution of the work, services or operations under this Agreement, an Owner and Consultant's Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of Consultant's work, service or operations under this Agreement. Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues Consultant's Commercial General Liability insurance. Automobile Liability Consultant shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to Consultant's owned, hired, and non- owned vehicles assigned to or used in performance of Consultant's work. Coverage will be at least as broad as coverage code 1, "any auto", (Insurance Service Office, Inc. Policy Form CA 00011293, or the equivalent thereof). Such insurance shall include coverage for loading and off loading hazards. If hazardous substances, materials or wastes are to be transported, MCS 90 endorsement shall be included and $5,000,000 per accident limits for bodily injury and property damage shall apply. Workers' Compensation Consultant shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Consultant's employees engaged in the performance of the work or services; and, Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. 4 By execution of this Agreement, Consultant certifies as follows: "I am aware and understand the provisions of A.R.S. § 23-901 et seq. which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of this chapter, and I will comply with such provisions before commencing the performance of the work of this Agreement." If Consultant has no employees for whom workers' compensation insurance is required, Consultant shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Consultant employs any employees subject to coverage. In case any work is subcontracted, Consultant will require subcontractors to provide Workers' Compensation and Employer's Liability insurance to at least the same extent as required of Consultant. Professional Liability Consultant retained by City to provide the work or service required by this Agreement will maintain Professional Liability insurance covering acts, errors, mistakes and omissions arising out of the work or services performed by Consultant, or any person employed by Consultant, with a limit of not less than $1,000,000 each claim. Certificates of ln§!Arance Prior to commencing work or services under this Agreement, Consultant shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Consultant's insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect. The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City Attorney's Office, shall comply with the terms of this Agreement, and shall be issued and delivered to City Attorney, City of Apache Junction, 300 East Superstition Boulevard, Apache Junction, AZ 85119. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of Consultant's work or services and as evidenced by annual Certificates of Insurance. 5 If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) calendar days prior to the expiration date. All Certificates of Insurance shall be identified with bid serial number and title. Policies or certificates and completed forms of City's Additional Insured Endorsement (or a substantially equivalent insurance company form acceptable to the City Attorney) evidencing the coverage required by this section shall be filed with the City and shall include the City as an additional Insured. The policy or policies shall be in the usual form of a public liability insurance, but shall also include the following provision: "Solely as respects work done by or on behalf of the named insured for the City of Apache Junction, it is agreed that the City of Apache Junction and its officers and employees are added as additional insureds under this policy." Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) calendar days' prior written notice to City. 9. APPLICABLE LAW AND VENUg: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent Jurisdiction in Pinal County, State of Arizona. The parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs to be determined by the court in such action. 6 10. FORCE MAJEURE: Neither City nor Consultant, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with applicable laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, and associated executive orders, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the obligations under this Agreement. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular Consultants, subcontractors, vendors or investors desired by Consultant in connection with the obligations under this Agreement. Consultant agrees that Consultant alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 11. TERMINATION: This Agreement may be terminated by either Party for any reason upon ninety (90) days' written notice. If this Agreement is terminated, City shall be reimbursed from Consultant the amount paid for any undelivered and/or unaccepted products or services. Upon termination, City agrees to pay for all delivered, accepted, and properly invoiced services that were provided up to the announced Termination Date. 12. INDEMNIFICATION: To the fullest extent permitted by law, Consultant shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including reasonable attorney and expert witness fees, arising from, or alleged to have arisen from, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, Work or services of Consultant, its agents, employees, or any tier of Consultant's subcontractors in the performance of this Agreement, but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of Consultant or its subcontractors in the performance of the Work under this Agreement or any subcontract. Consultant's duty to defend, hold harmless and Indemnify City, its special districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Consultant's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Consultant, any tier of Consultant's subcontractor or any other person for whose acts, errors, mistakes, omissions, Work or services Consultant may be legally liable, but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of Consultant or any tier of Consultant's subcontractors or any other person for whose acts, errors, mistakes, omissions, Work or services Consultant may be legally liable in the performance of the Work under this Agreement or subcontract. The amount and type of Insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. The rights and obligations under this Section shall survive termination of this Agreement. 13. TAXES: Consultant shall pay all license, sales, consumer, transaction privilege, use and other similar taxes for services provided by Consultant which are legally enacted at the time the obligations under this Agreement are performed. 8 14. PERMITS & FEES: Unless otherwise provided in this Agreement, Consultant shall secure and pay for all applicable permits, government fees, licenses and inspections necessary for the proper execution and completion of services which are customarily secured after execution of the Agreement. Consultant shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the obligations. Consultant represents and warrants that any license necessary to perform the services under this Agreement is current and valid. Consultant understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Consultant agrees to obtain a business license pursuant to Chapter 8 of the Apache Junction City Code, Vol. I, and keep such license current during the term of this Agreement. Consultant also acknowledges that the tax provision of the Apache Junction Tax Code, Chapter 8A, may also apply and if so, shall obtain a transaction privilege license and/or other licenses as may be required by all applicable laws. Further, Consultant agrees to pay all applicable privilege and use taxes that are applicable to the activities, products and services provided under this Agreement. 15, RECORDS: Records of Consultant's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Consultant shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 16. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Consultant. 17. INDEPENDENT CONTRACTOR: City and Consultant agree and understand that the relationship between both Parties is that of an independent contractor. 18. WAIVER OF TERMS AND CONDITIONS: The failure of City or Consultant to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 9 19. COMPLIANCE WITH FEDERAL AND STATE LAWS: Consultant 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 the services performed under this Agreement. As required by A.R.S. § 41-4401, Consultant hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Consultant further warrants that after hiring an employee, Consultant will verify the employment eligibility of the employee through the E- Verify program. If Consultant uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23- 214(A), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Consultant is subject to a penalty of$100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Consultant shall not be deemed in material breach of this Agreement if the Consultant and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274E of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Consultant or subcontractor employee who works under this Agreement to ensure that the Consultant or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. 20. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Consultant and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto. Written and signed amendments shall automatically become part of the Supporting Documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 10 21. SEVERABILITY: City and Consultant each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement Is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of th is Agreement, as reformed. 22. SUCCESSORS, ASSIGNMENT & DELEGATION: City and Consultant each bind themselves, their partners, successors, assigns and legal representatives to the other Party hereto and to the partners, successors, assigns and legal representatives of such other Party in respect to all covenants, agreements and obligations contained in this Agreement. Neither Party to the Agreement shall assign the Agreement or sublet it as a whole or delegate the duties hereunder, without the written consent of the other, nor shall Consultant assign any monies due or to become due to it without the previous written consent of City. 23. ACCURACY OF WORK: Acceptance of services or work by City shall not relieve Consultant of the responsibility for subsequent correction of any such errors and the clarification of any ambiguities. Consultant shall make all necessary revisions or corrections resulting from errors and omissions on the part of Consultant without additional compensation. 24. TIME IS OF THE ESSENCE: Time is of the essence with respect to all provisions in this Agreement. Any delay in performance by either Party shall constitute a material breach of this Agreement. 11 25. PROHIBITION TO CONTRACT WITH CONSULTANTS WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35- 393 through 35-393.03, as amended, which forbids public entities from contracting with consultants who engage in boycotts of the State of Israel. Should Consultant under this Agreement engage in any such boycott against the State of Israel, this Agreement shall be deemed automatically terminated by operation of law. Any such boycott is a material breach of contract. 26. CERTIFICATION PURSUANT TO A.R.S. § 35-394. In accordance with Arizona Revised Statutes § 35-394, Consultant hereby certifies and agrees that Consultant does not currently and shall not for the duration of this Agreement use: 1) the forced labor of ethnic Uyghurs in the People's Republic of China, 2) any services or goods produced by the forced labor of ethnic Uyghurs In the People's Republic of China, andlor 3) any suppliers, contractors or subcontractors that use the forced labor or any services or goods produced by the forced labor of ethnic Uyghurs In the People's Republic of China. If Consultant becomes aware during the term of this Agreement that Consultant is not in compliance with this Section, then Consultant shall notify the City within five (5) business days after becoming aware of such noncompliance. If Consultant does not provide the City with written certification that Consultant has remedied such noncompliance within one hundred eighty (180) days after notifying the City of such noncompliance, this Agreement shall terminate, except that if the Agreement termination date occurs before the end of such one hundred eighty (180) day remedy period, this Agreement shall terminate on such contract termination date. 27. CONFLICTS OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S. § 38-511. 28. COOPERATIVE USE OF CONTRACT: Any Contract resulting from this solicitation shall be for the use of the City of Apache Junction. In addition, public and nonprofit agencies that have entered into a Cooperative Purchasing Agreement with the City of Apache Junction's Department of Finance are eligible to participate in any subsequent Contract. Additionally, this Contract is eligible for use by the Strategic Alliance for Volume expenditures cooperative. 12 IN WITNESS WHEREOF, Consultant and City have executed this Agreement as of the date first set forth above. CONSULTANT: Public Sector Personnel Consultants, an Arizona "S" corporation � 1�-- By: � ` Its: 14c �' - - CITY: CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: Walter"Chi " Wilson Its: for ATTEST: Yvette "Evie"McKinney City Clerk APPROVED AS TO FORM: 6-19.25 R. Joel Stern City Attorney 13 STATE OF Arizona ) ) ss. COUNTY OF Maricopa ) The foregoing was s b cribed and sworn to before me this 4 day of June, 2025, by�N-WwkkA s yt`., of Public Sector Personnel Consultants Inc., an Arizona "S" corporation. Notary Public J My Commission Expires: C', eRrrutA ours Notary Ptiak•Anion Marlowa cot"y STATE OF Arizona ) Comm"on#649706 ) s s. Mf'C°rt'"'iMW EVI"May i6,2W7 COUNTY OF Pinat ) 4-tvuu i, tla The foregoing was subscribed and sworn to before me this day of July, 2025, by Walter "Chip" Wilson, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: 14 EXHIBIT A (PAGE LEFT INTENTIONALLY BLANK) 15 EXHIBIT A SUMMARY OF SERVICES FOR APACHE JUNCTION PUBLIC SECTOR PERSONNEL CONSULTANTS (PSPQ proposes the following program of consulting services and implementation support to conduct a classification and compensation study. Proiect Planning and Communication 1. Project planning and scheduling meetings with the City's HR Staff, project designee(s) 2. Policy input and project direction meeting and briefing with Council, Human Resources and designee(s) 3. Project briefing presentation for all employees, Council, City officials, City's project leaders 4. Management and employee communication, progress reports throughout all project phases 5. Assistance with development and communication with a committee of employee representatives Classificatign Protect Tasks 6. Occupational familiarization by review of City's current class specifications and compensation plans 7. Organizational familiarization by review of City organization charts, budgets, and annual reports 8. Position Analysis Questionnaire (PAQ) customized for gathering City employee occupation data 9. Meetings to distribute and explain the PAQ and the project for all City officials and employees 10. Job interviews, desk audits/field observations with representatives of each class(optional) 11. Recommended title modifications and reclassifications for consideration by department heads 12. Modeling of job families and career ladders to include possible job title consolidation/clean up 13. Review of position classification recommendations with City's project staff and respective departments 14. Facilitation of employee participation and feedback process on any proposed classification changes 15. Preparation of updated or"track change"job description for each included job classification Compensation Survey$ 16. Confirmation of survey cities to include in external market comparisons(Up to 10) 17. Identification of City occupations to utilize as survey benchmark job classifications 18. Solicitation of comparator employers and agencies for participation in external compensation surveys 19. Extraction of data from public employer compensation plans, questionnaires, reliable published surveys 20. Added compensation and benefits survey for external competitiveness comparisons 21. Consolidation of data from all sources and calculation of prevailing rates for benchmark jobs 22. Computation of extent City's compensation offerings vary from external prevailing rates and practices 23. Review of competitiveness analysis with Human Resources, City Officials and City's project designees Compensation Plan UeyelopmQnt 24. Construction of optional salary range structures for review and selection by City's project leaders 25. Assignment of job classes to salary ranges by informal internal equity and external competitiveness 26. Assistance with City Council identification of desired, affordable salary competitiveness policy 27. Fiscal impact estimates at various levels of external prevailing rates competitiveness policies 28. Review and critique of draft salary and implementation plans with Human Resources, project leaders Communlc tion of Results and Implementation Strategies 29. Preparation and presentation of final project reports for the City Council, staff, and City Officials 30. Development of a plan for the implementation of City's updated classification and compensation plan 31. Development and provision of process for ongoing plan maintenance and subsequent plan updates 32. Assistance with communicating the City's updated plans for all City officials and employees AJAZ PUBLIC SECTOR PERSONNEL CONSULTANTS 4126 EXHIBIT A AJAZ PUBLIC SECTOR PERSONNEL CONSULTANTS 4/26 PROJECT APPROACH AND METHODOLOGY Following is our overall work plan and approach to achieving the City's objectives for the conduct of a classification and compensation study A. OBJECTIVES OF THE PROJECT The recommended plans programs, systems and administrative procedures will meet these ten most important criteria. - Internally equitable - Financially responsible - Externally competitive - Efficiently administered - Readily understood - Inclusive of employee input - Easily updated & maintained - Reflective of City's values - Legally compliant&defensible - Reflective of prevailing"best practices" B. SCOPE OF THE PROJECT The project could include a management and employee communication plan; partnership with the City's Director of Human Resources and staff, City Manager, Council, and project designee(s), occupational, organizational, and operational familiarization; Position Analysis Questionnaire (PAO) and job analysis for all classifications; position classification and job title recommendations for all employees and classifications, FLSA designations; updated job descriptions; external competitiveness evaluation; compensation survey and competitiveness analysis; salary range recommendations; fiscal impact estimates and multiple implementation scenarios; updated classification and compensation plan and one year of classification and compensation plan implementation support for all included employees in all job classifications. C. PROJECT METHODOLOGY 1. Qualihr Assurance To ensure a high-quality project, we have built in several layers of procedural and statistical controls in addifion to those already in EZ COMPTm. Internally, we follow a prescribed series of steps in each project phase, which are reviewed by our Project Director. We request that the Human Resources and City's Project Manager(s) review our work to minimize the chance of errors and to ensure that it reflects the City's organizational values. 2. ProJect Plannina Meetings and Communication Plan Development We will consult with the Human Resources staff and City Officials or representatives on a communication strategy, plan, and materials, beginning prior to the project and extending to the post- project information meetings. We plan to conduct group pre-project meetings (or develop via video) for all City officials and employees where we will discuss the project's scope, answer questions, and distribute and explain the Position Analysis Questionnaire. AJAZ PUBLIC SECTOR PERSONNEL CONSULTANTS 4i26 EXHIBIT A D. POSITION CLASSIFICATION ANALYSIS 1. Review of Essential Tasks—Position Analysis Questionnaire We will review and analyze the current essential tasks, duties and responsibilities, and minimum qualifications of each included position through the Position Analysis Questionnaire (PAQ) to be completed by each employee (or group of employees with identical jobs) in print or electronic format. If the information on the PAQ does not clearly delineate the position's scope of responsibilities, we may return the PAQ to the position's incumbent for additional information or focus on the data gap during a worksite job information interview. 2. Employee Workslte Job Information Interviews(option) We can conduct a virtual or worksite job information interview with a representative incumbent of every job classification. The purpose of these interviews is to verify the data on the PAQ, obtain additional insight into the scope and complexity of the job duties, observe technical processes and working conditions, and to provide employees with an additional method of participation in the project. This process also ensures that we make all internal and external comparisons on the basis of actual Job content and not merely job title. 3. FLSA Status Interpretation We will review the essential tasks and minimum qualifications of each of the City's job classifications and subject them to the Fair Labor Standards Act tests to provide our interpretation of their exempt or non-exempt status. 4. Position ifl ! Each of the City's positions will be analyzed and evaluated to determine their primary characteristics, including: - Is there a current City occupational job group comprised of job classes with essential functions similar to the subject position; if so: - To which of the group's job classes, and at what level, are the subject position's essential functions similar to the subject position, and if so: - Are they sufficiently comparable (+/- 20% guideline) to be allocated to that job class, utilize the same job title, require the same minimum qualifications, and be assigned to the same salary range. - If the City does not currently have a sufficiently comparable job class, what should be the subject position's occupational job class and title, and: - What should the recommended occupational classification action be, No Change (N), Title Change (T), Merge With Other Job Class(M), New Job Class (J). - If we find that a job class is overly broad and encompasses several job activities we will recommend "splitting" the job class into the current job class and a new job class. AJAZ PUBLIC SECTOR PERSONNEL CONSULTANTS 4126 EXHIBIT A S. Updated Job Descriptions(note: estimated delivery is project start plus 6-9 months) We can prepare an updated job description in the City's standard or other selected format for each occupational job class. Focus will be on the Essential Functions and Minimum Qualifications. The specifications or descriptions may include(not limited to) the following components: Job Title—Definition Education, Training and Experience Physical Requirements Distinguishing Characteristics Licenses and Certifications Non-Essential Functions Essential Functions FLSA Exempt/Non-Exempt Status Mental Requirements Desired Knowledge and Skills Supervision Exercise/Received Working Conditions 6. Draft Classification Plan Review with Human Resources and Department Heads We will conduct a review of our initial position classification recommendations with the City's Project Team and respective department heads to identify possible errors, obtain feedback, and solicit suggestions for clarification, E. SURVEYAND COMPENSATION ANALYSIS 1. City Involvement In Compensation Plan Development We will obtain policy direction from the Human Resources staff and/or City Officials on the following key components of the salary plan development process: - Comparator Employer Selection - Job Evaluation Method-Salary Plan Linkage - Benchmark Job Class Selection - Draft Compensation Plan Review/Critique - Compensation Competitiveness Policy - Total Compensation Points for Analysis - Salary Structure Selection - Project Implementation Plan 2. Comprehensive Compensation Survey We will collect the complete 2026 pay plans and job descriptions from each of the City's comparators and build a custom survey database to ensure accuracy and completeness, unique to the City's job classifications. a. Data Collection Protocol will be developed in consultation with the City's project leaders to determine which salary data elements to include, such as: Base Salary Information Salary grade/step or open range salary plan structure Salary range structure Minimum, Midpoint, and Maximum Method of salary administration—longevity, performance, or skill Addidona/Compensation Information: - City-supported benefits such as health insurance, pension contributions - Supplemental pay items for special qualifications/certifications - Individual or group incentive plans, bonus, awards, stipends - Any additional add-pay or benefits items at City's direction b. Benchmark Job Selection will be made by identifying City job classes common to its employment- competitive public and private employers in the immediate area and throughout the region or State, clearly identifiable, and representative of standard occupational job groups. c. Comparator Employers Identification (up to 10) will be made in consultation with the City's Project Manager(s) or City Council. Criteria include their degree of competition to the City in obtaining and retaining high quality staff, their location in the City's traditional recruitment areas, and AJAZ PUBLIC SECTOR PERSONNEL CONSULTANTS 4/25 EXHIBIT A their organizational size and complexity. d. Compensation Data Collection will be made by one or more of the following methods. Pre-survey contact with the selected comparator employers to solicit participation in the City's compensation survey(s) Extraction from the pay plans of designated public employers. Customized salary survey requests for local governments and other public employers, distributed by mail, fax, and e-mail. As desired, additional data extraction from established salary surveys and commercial survey sources such as Economic Research Institute's Salary Assessor for the immediate area. e. Data Quality Control includes editing data for accuracy and proper matching to the City's survey benchmark jobs, and phonelfax/E-mail follow-ups for data clarification and to obtain comparators' benchmark job descriptions. 3. Prevalling Rates CalcylA ion We will consolidate the compensation data from all sources, enter the information into the EZ COMPTM program, and compute the prevailing rates, inclusive of cast-of-living differentials, as the statistical mean of the survey data for each benchmark job class. Data will be projected forward from the date of collection to a common date relating to the City's salary plan year by the annual Prevailing Rate Increase Factor(PRI) applicable at that time. 4. Compensation Compegaveness Comparison We will provide the City with charts comparing its current salary structures to those of the selected public and private comparator employers. We will calculate the extent that the City's offerings vary from the prevailing rates and practices of other relevant employers. 5. Compensation Competitiveness Policy We will assist the City to select a compensation competitiveness policy which best fits its compensation strategy and financial resources, by providing fiscal impact estimates at various percentage relationships to the prevailing rates. 6. $alary Plan $tmctum Development We will review the City's current employee agreements and wage plans and 9) utilize the City's current wage plan structures to identify internally equitable and externally competitive salary ranges for each City job class or 2) prepare alternative salary range structures and schedules for the City to select the best fit for its competitiveness strategy, with these optional criteria.- - Method of administration, i.e.: measured job performance, longevity, or skill - Width of the salary ranges, grades, or broad bands, from Minimum to Maximum - Varying salary range widths for FLSA non-exempt or exempt positions - Open salary ranges for pay-far-performance or variable compensation plan - If steps within the salary ranges, number of steps, percentage separation - Number of salary ranges, grades, or broad bands in the salary schedule - Percentage of separation between salary ranges,grades or broad bands - Recognition for longevity, unique assignments, and special skill requirements - Remuneration for required special licenses, certifications and registrations AJAZ PUBLIC SECTOR PERSONNEL CONSULTANTS 4125 EXHIBIT A 7. Salary Range Assignment Development We will assign each job classification to a salary range in the City's current or selected new salary structure on the basis of a combination of factors, including: - the prevailing rates for the benchmark job classes - its current relationship to similar or occupationally related job classes - the 15%guideline for salary range separation between sequential job classes - the 25%guideline for salary separation of a department head job class 8. Implementation Plan Development We will consult with the Human Resources Director and Project Team on a plan for transition to the recommended plan, including a timetable for the principal activities, employee communication, impact on bargaining processes, and estimates of required financial resources. F. FINAL REPORTS AND PRESENTATIONS I. graft and Final Report& paratlon We will provide the City's project leader(s) with a draft of our report for review and critique, including the classification plan, FLSA interpretations, compensation market data, salary comparison tables, fiscal estimates, salary range listings, and implementation procedures. We will incorporate their critique into the development of a final report summarizing the project's findings, recommendations, and detailed description of the City's updated position classification and compensation plans. 2. Final Report Presentations We will conduct a workshop or formal presentation of our final report and recommendations to the Human Resources staff, City Officials, and employees. 3. Implementation Warranty To ensure effective implementation of the new plan, we will analyze, evaluate, and provide a salary range recommendation for any new or changed job class, at no cost to the City for one year. G. ENSURING THE CITY'S SELF-SUFFICIENCY The City will be self-sufficient in all aspects of maintenance of the updated position classification and compensation plan through these services. 1. Procedure Manuals -PSPC Position Classification Procedure Guide -PSPC Salary Administration Procedure Guide -Apache Junction EZ COMPT" Procedure Guide 2. Training Workshop—for City staff in position classification, job evaluation, compensation surveys, and compensation plan design and administration. 3. EZ COMPT"' — program and project files, a custom user's manual, and system training for key City and Human Resources staff. AJAZ PUBLIC SECTOR PERSONNEL CONSULTANTS 4126 EXHIBIT A 4. Initial Year's Implementatfon Warranty Support— we will analyze, evaluate, classify, and provide a salary range recommendation for any new or changed position or entire job classification, at no cost to the City for one year. H. EMPLOYEE INCLUSION AND COMMUNICATION Very important factors for successful implementation of new or updated classification and compensation plans are 1) extensive employee inclusion, and 2) extensive employee communication. City officials and employees will participate in one or more of the following activities: - Attending pre-project briefings and question and answer sessions - Completing a Position Analysis Questionnaire (PAO)describing their position - Elaborating on their jobs in individual or group job information interviews - Receiving information pamphlet/booklet describing the updated salary plan ESTIMATED PROJECT ELAPSED TIME CHART TASK NAME ESTIMATED DATES: JULY l AUO SEPT OCT �NOV DEC+ T. PROJECTCOMMUfICATM, -- QUALITY ASSURANCE, PROJECT STATUS REPORTS 2 REVIEW OF PAOs;TITLING AND LEVELS; ORGANIZATIONAL DATA COLLECTION I + CIAESIFMATTON RECOMMENDATIONS i. DRAFT CLASSIFICATION AND TITLING;; HR STAFF QUALITY ASSURANCE REVIEW; GRAFT RENEW WITH HR.DE►TS 4. PREPARATION OF UPDATED CLASS SPECIFICATIONS AND REVIEWS WITH DEPARTMENTS,FINALIZATION COMPENSATION SURVEYS,4ENCNMARK S. SELECTION,DATA COLLECTION, COMPARABILITY ASSURANCE REVIEW 1 i. PREVAILING RATES COMPUTATION, + MARKET COMPETITIVENESS ANALYSIS, DRAFT COMPENSATION METWOOLOGY 7 SALARY RANGE ASSIGNMENTS ON BASIS OF INTERNAL EQUITY AND EXTERNAL COMPETITIVENESS S. SALARY RANGE TABLES.FISCAL IMPACT k ESTIMATIS,REVIEW OF DRAFT PLANS WITH CITY OFFICIALS,DISIGIME(S) - t PREPARATION AND PRESENTAT"OF I, FINAL REPORT TO HR.COMMAITTEES, EXECUTIVE TEAK,EMPLOYII3 10. EZ COMP"INSTALLATION.STAFF TRAINING ONE YEAR OF CLASMOMIP PLAN IMPLEMENTATION ASSISTANCE Progress reviews with(he City Note: We can begin in July 2025 with job descriptions beginning late 2025 MINIMAL CITY SUPPORT REQUIRED We are completely self-sufficient in projects of this nature and do not require any substantive staff support from the City other than payroll data, and arrangements for group and individual meetings and optional interviews We do not require any office space telephone clerical assistance, computers, or office equipment. We will provide all data entry, data processing duplicating, and related report preparation functions. AJAZ PUBLIC SECTOR PERSONNEL CONSULTANTS 4/25 EXHIBIT A Firms to provide pricing In line with the scope of this RFP.Please Include all costs noted below or In addition to the categories IderMed herein. Item O Required Scope of Requir Scope of Work Lump row + Hours 1. Task 1; Project Kick-Off !j I,SDO la 2. Task 2: Data Collection and Assessment � +5��,,,` �'j,0�' I l O 3. Task 3: Project0eliverables JPS.Zs'JNh,Cu1L `r3 : �8�0.�0~ , 1-910 4. Task 4: Final Report and Recommendations = 3 90D aS S, AnticlpotedTravel(estimated) $ t.oc�l total Fees As an option,firms may provide total project costs as ; S. one lot charge(in lieu of break out above) Total Fees I Submit hourly rates for project team members Should the City require other services In addition to the Scope �' of Work,these rates win servo as the basis of fees for services. Team Member Role Hwrly Rats Att. SW V $ ISO i T _� _ a I: } One year,post study support period where additional Lump Sum IF I 6. services can be offered such as training and yn�4 drd implementation advice/support Fes Use the lines below to denote any additional services Fee . end loaf such as Periodically re6eshlne the data,etc. -S Per 1S $1,540°" to IF AJAZ PUBLIC SECTOR PERSONNEL CONSULTANTS 4126 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 5. '+PizoN* File ID: 25-343 Sponsor: Liz Langenbach and Dave Butler Agenda Date: 7/15/2025 Index: In Control: City Council Meeting Consideration of approval of agreements for Job Order Contracting services between the City of Apache Junction and various trade service contractors for projects ranging from $2,500.00 to $500,000.00 each, not to exceed $1,000,000.00 each year. City of Apache Junction,Arizona Page 1 Printed on 711012025 r,� 1 Cit o A achejunction � yf p�"� Home of the Superstition Mountains �. DATE: JUNE 18, 2025 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH: BRYANT POWELL, CITY MANAGER FROM: LIZ LANGENBACH, DIRECTOR PARKS&RECREATION SUBJECT: AWARD OF CONTRACTS FOR RFQ 25TS-001 —JOC TRADE SERVICES To explore more diversified, streamlined methods of procuring contractor services,the city issued Request for Qualification (RFQ) 25TS-001 Job Order Contracting(JOC)for Trade Services. Statement of Qualifications were due on May 7th, 2025 and the city received Statement of Qualifications (SOQs)from 8 firms across 13 categories. These were ranked by a panel that included city staff, a state registered technician and a state licensed contractor(the last two required by state law). The city ranked and selected a max of 3 firms for each category. Those results are listed in the following tabulation. The city chose not to award any categories that received only 1 respondent. A 0 3 b E c = U m r c c 3 o N n p N C U C O m in 9 N yp y� T a w U E co M n O AR Mays ❑ 0 0 0 0 Brycon ❑ Builders Guild ❑ 0 GCON Inc 0 o o 0 PLG.LLC a 0 a a Scholz Contracting 0 < 0 0 < < 0 Sharp Construction I Elz I Z I I I I z z Willmeng 0 O O O O1 ❑ 1 ❑ 1 O 1 D 1 0 1 0I_I O Key: Submitted&Highest Ranked Firm ❑ Submitted The Job Order Contract(JOC) method of delivery is allowed within state law and within our procurement code. It allows for a quicker turnaround time for receiving proposals and starting construction projects. The city often piggy-backs on other municipal/county/state JOCs, but this is the first attempt to have our own. If awarded, each firm will enter into a Master Agreement for each category they were awarded,for aterm of one year,with the city's option to renew for a maximum of two more years. Each project (Work Order) under these agreements may range from $2500 to$500,000 per contractor; however,the total of all Work Orders may not exceed $1,000,000 per contractor,within the 1-year term. Recommendation Staff respectfully recommend award of contract within the following categories: General Construction Electrical CGON Inc. PLG, LLC Scholz Contracting Willmeng Willmeng Concrete,Asphalt&Repairs Framing&Drywall Scholz Contracting AR Mays Willmeng Willmeng Landscape&Hardscape Painting,Wall Covering,&Repair Scholz Contracting AR Mays Willmeng Builders Guild Willmeng Mass Grading, Haul Off, Dump Services Tractor Work Flooring Scholz Contracting AR Mays Willmeng Willmeng Doors, Door Hardware&Access Control AR Mays Willmeng This item will be discussed at council's next work session and brought back two weeks later for final consideration. CITY - WIDE JOB ORDER CONTRACTING SERVICES AWARD OF CONTRACTS July 1, 2025 JOB ORDER CONTRACTING ( " JOC " ) • JOCs are a common project delivery method for construction services outlined in Arizona Revised Statutes section 34 - 603 and 34 - 604 • The City Code also identifies use of and regulates JOCs • The City has historically " piggy - backed " off other city, county, and state cooperative JOC contracts . • Once awarded - the city can request pricing for a specific project from a contractor off of the list . If an appropriate price can be agreed upon , they generate a "work order" JOC BENEFITS • Significant time and cost savings by streamlining administrative processes • Readily available awarded contractors can begin work faster • Allows for more flexibility to scope and price projects well in advance of limited scheduling windows to complete work ( i . e . school breaks, peak facility usage, etc) • Allows for key steps like permitting to occur in cooperation and at the outset of a project • Allows the city to have its own JOC - hoping to attract more locally regional firms FsL; *• / J PROCESS FOR SELECTION City p Two Request for ua I if ications ( RFQ)Q f I = r `1 • Firms submitted Statement of gv :- ua l if ications ( SC) Q)Q Panel reviewed and ranked 26 �,. total SOQs Panel consisted of 5 citystaff r TRADE SERVICES FOR THE CITY OF APACHE)UPJCT'O" representing Parks & Rec, Public p $ Works, n IP ( one of which is registered engineer and 1 licensed ti01 contractor �� .� 1,r�' t�Z�}, 'x;�� •' �, :, - ,� ,. TRADE SERVICES RFQ 5TS � 001 PORTO, . do ram. a ... �'"O• k ^.f: � �� -. �. � t., '� 1 �., ;'� � � \1,i ♦'� lu - _ •� _ - _- owe r I _ _ � �� ll 1 1 1 1 � •��s -r _ __ - _ •.'tom' ' _ - - ' ,� - - x :3t iJi �!�.,,..r�xYa�M '�' t 1 � 'l.r• ..:�u�-f + vK!.. '�- y'. r fit.. I „� i', f Projectsmay rangerom $ 2 , 500 - $ 500 , 000 TermofContract 1year withopportunityto renew up to two more years i - 1 0 A L Iql ap o A 0 3 0 C *APc = o 7 A ( = G Q 40 U ao c ro o a o vLF c d o 8 a E E u � � a N N a '° B !s f n AR Mays ❑ 0 0 Brycon ❑ Builders Guild ❑ GCON Inc 0 0 0 0cc 0 PLG. LLC 3 O 3 Scholz Contracting < < Sharp Construction ❑ z z z z Wrillmeng FO O O O 1 O ❑ 1 0 0 O 0 O O 0 Key. Submitted & Highest Ranked Firm ❑ Submitted lti c h. K rn► ' STAFF RECOMMENDATION : Award of Contract to the following highest ranking firms in each category. General Construction Flooring Concrete, Asphalt & Repairs GCON Inc. AR Mays Scholz Contracting Scholz Contracting Willmeng Willmeng Willmeng Doors, Door Hardware & Landscape & Hardscape Framing & Drywall Access Control Scholz Contracting AR Mays AR Mays Willmeng Willmeng Willmeng Mass Grading, Haul Off, Dump Painting, Wall Covering, Electrical Services, Tractor Work & Repair PLG, LLC Scholz Contracting AR Mays Willmeng Willmeng Builders Guild Willmeng No award of contract to categories receiving 1 or fewer submittals ( HVAC, Plumbing, Fire Alarms, Pest Control) r._ roil GARDE o BENOI Alq N eeI SiORA:i x • T t[ARNING POD BRIDGC 'y I Y � � •• �AMHx,ND,.�w,a,DDD.i��.DDM .'. `YL :!_ •.._..; 1 �y.wi.--- _..��NMI Z�°�r"- T I— 9 ---- �� ---'—� Public Parkin J _--- (456 Spaces) • > >�• . Public Park' n l V D -_ (1,521 Spac Poss(bf!' -..._ � • .- -- nNDscAPt DCMDnSfRArpN GARD[N Hitching Posts. •�, _ — < <,—N PATH Possible Bike& • #, Mocycle Parking •� ��_`' livetorstock ADAParking Overhead Entry RV Parking •y - �STnFaMaED Holding Pens- (62 Spaces) Feature with Hookups qWi�+rs • r� �w a�M+fr� �rd��a��l► ; • heck-In, t '_1 T ''T z -Ti—1 T, -k q� Q� � a 1�Ftes�6O e�—L��II a c ewoce • L Existing Restroom c S C I C E R O e0 Announcer�71 Proposedeleachers •• , Booth L- -L (Approx.1,4605eats) S� MouNm Temporary ` Shade Structure D 1 gY Prospector Park Se 2024 _ t e `Bucking (ao x Ba) Chutes All P p • Proposed Raised EventSpacelstageBleachers Existing Arena T &Possible Restroom(APProx. 40'x 80 .• • 720 Seats) ( ) i en Area Overflow Horse O e0 P Trailer Parking • • Cell Tower&Screen Wall 10'x 10'Event Tents �'• Existing Proposed (280 Shown) . f Bleachers Bleachers ' ( ) / COvrred Stalls(Approx.2,000 Seats) (Approx.720 Seats) Maintenance Yard 100'%120' /// 10'xlo'(60) •* $edih.nt and Show Office(1,500 SF) Basin Aaoess Gate,Typ. Marquee� � '-_--�-�.�•-` i -•• +�-.r ELOBT T:HMAN BIND. - GENERAL BUILDING CONSTRUCTION - RFQ 256C - 001 Due May 7th , 2025 City received submittals from 18 firms The 5 highest ranked firms are as follows : 1 . Chasse Building Team 2 , Hunter Contracting Co . 3 . Haydon Companies, LLC 4 , Catiente Construction Co . 5 . Wittmeng STAFF RECOMMENDATION : Staff recommends award of contract to the top 5 ranked f i selected for their variety of strengths irms, n vertical and horizontal projects 1 . Chasse Building Team 2 , Hunter Contracting Co . 3 . Haydon Companies , LLC 4 , Catiente Construction Co . 5 . Wi [ Imeng t �r � I F y TI � � MASTER JOB ORDER CONTRACTING -TRADE SERVICES AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND GCON INC This MASTER SERVICES AGREEMENT ("Agreement" or "MSA") is made and entered into this day of , 20 , by and between CITY OF APACHE JUNCTION hereinafter designated as "City of Apache Junction", "Owner" or "City", an Arizona municipal corporation and GCON INC, an Arizona Corporation, hereinafter "Contractor", both of which may be identified as the "Parties" collectively or as a "Party" individually. RECITALS A. The City is In need of certain GENERAL CONTRACTING, procurement, construction, repairlmaintenance and/or related services from time to time, and contractor desires to perform such work for City from time to time, as set forth on a "Work Order", the form of which Is set forth on EXHIBIT A hereto (the work described in any such Work Order, shall be noted as the "Work"). B. Each Work Order shall incorporate the terms and conditions of this Agreement for components of the Work. AGREEMENT NOW, THEREFORE, the City retains Contractor to perform the Work, and Contractor agrees to render the Work in accordance with the terms and conditions set forth as follows: 1. PROJECT DESCRIPTION: Contractor shall do and perform or cause to be done and performed in a good workmanlike manner, the Work as described on any Work Order (each, a "Project") and in accordance with specifications set forth In such Work Order. 2. PAYMENTS & COMPLETION: The total amount payable by City to Contractor shall be set forth on the Work Order (the "Contract Sum") for the performance of the Work. Upon notice that the Work is ready for final inspection or acceptance, City representative shall promptly cause to be made an Inspection. When City finds the Work acceptable, City shall promptly submit for processing a certificate for payment stating that to the best of their knowledge, information and belief and on the basis of its observation and inspection, the Work has been completed in accordance with the terms and conditions of the Work Order and that partial payment of the entire balance due Contractor is payable. Such payment to Contractor shall be made no later than thirty (30) calendar days from City's receipt of Contractor's invoice for the Work performed. Provided City is in compliance with 1 Its payment obligations to Contractor In accordance with this agreement and there are no amounts in dispute under this agreement, no final payment shall become due until Contractor submits to all required lien waivers, releases and any other data establishing payment or satisfaction of all Contractor's obligations which shall be conditioned upon Contractor's receipt of payment. Provided City is in compliance with its payment obligations to Contractor in accordance with this agreement and there are no amounts In dispute under this agreement, if any subcontractor refuses to furnish a release or waiver required by City, Contractor shall furnish a bond or letter of credit to indemnify City against any such lien. 3. CONTRACT TIME: The term of this agreement is 17' 22 , 2p25 to _ t •, 20U("Term") and shall continue on a year-to year basis unless terminated by a Party upon sixty (60) calendar days written notice to the other Party prior to the end of the then-effective term. If liquidated damages are called for in a Work Order, upon failure to complete the Work within the time specified, Contractor shall pay as liquidated damages for the loss of use of the benefit of the Project the sum as provided in Table 108 of the Maricopa Association of Governments ("MAG") Specifications per day for each day the Work remains unfinished. 4. INDEPENDENT CONTRACTOR: Contractor shall at all times during Contractor's performance of the services retain Contractor's status as an independent contractor. Contractor's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide worker's compensation or unemployment insurance for or on behalf of them or Contractor. Contractor shall supervise and direct the Work to be done using sound Industry practices, methods, and In accordance with all applicable laws. Except as provided in this agreement, Contractor shall be responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work required hereunder. 5. LABOR AND MATERIALS: Unless otherwise provided in a Work Order, Contractor shall provide, pay and insure under the requisite laws and regulations for all labor, materials, equipment, tools and machinery, water heat, utilities, transportation, other facilities and services necessary for the proper execution and completion of the Work whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. 6. INSPECTIONS AND QUALITY OF WORK: Contractor understands and specifically agrees that all Work is to be performed pursuant to the current MAG standards and details with Apache Junction additions. Contractor agrees that it will conduct at least one pre-construction meeting before any Work commences. While performing the services, Contractor shall exercise the reasonable professional care and skill customarily exercised by members of Contractor's 2 profession practicing In the Phoenix metropolitan area and shall use reasonable diligence and sound judgment while performing its Work hereunder. Contractor understands and agrees that inspection of the Work performed hereunder will occur by City. Contractor agrees that City will have the exclusive right to determine, In Its sole and reasonable discretion, whether the Work has been performed in accordance with the applicable Work Order, and the MAG specifications and details. Contractor further agrees to make such corrections to the Work as may be directed by City prior to final acceptance of the Work to conform to said Work Order and the MAG specifications and details, without requirement of change order or any additional charge or cost to City whatsoever. Contractor further agrees to make such corrections to the Work within the time allowed for completion as long as it does not affect the overall deadline of completion set forth in Section 3. 7. WARRANTY: Contractor shall guarantee the Work against defective workmanship or materials for a period of one year from the date of its final acceptance under this Agreement and the Work Order, ordinary wear and tear, alterations or repairs carried out by persons not authorized by Contractor and unusual abuse or neglect excepted. Where the Work includes the provision of materials, all materials shall, at the time of their incorporation Into the Work, be new and in accordance with the contract documents and industry standards; and where the Work includes construction services, the Work shall be performed in accordance with the contract documents, industry standards and all applicable laws. Any omission on the part of City to identify defective Work or materials at the time of construction shall not be deemed an acceptance and Contractor will be required to correct defective Work or materials at any time before final acceptance; and within one year from the date of final acceptance due to faults in workmanship or materials. Contractor shall begin making any necessary repairs to the reasonable satisfaction of City within fourteen calendar days of receipt of written notice from City. The warranties and guarantees provided in this subsection shall survive the expiration of this Agreement for the time period mentioned above. 8. TAXES: Contractor shall pay all license, sales, consumer, use and other similar taxes for the Work or portions thereof provided by Contractor which are legally enacted at the time cost is negotiated whether or not yet effective or subsequently applicable due to acts of jurisdictions or bodies other than City. 9. PERMITS & FEES: Unless otherwise provided in a Work Order, Contractor shall secure and pay for all applicable permits, governmental fees, licenses and inspections necessary for the proper execution and completion of Work. Contractor shall give all notices and comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the Work. City permits for this Work will be provided to Contractor at no cost. Contractor represents and warrants that any license necessary to perform the Work under this Agreement Is current and valid. 3 Contractor understands that the activity described herein constitutes "doing business In the City of Apache Junction" and Contractor agrees to obtain a business license pursuant to Chapter 8 of the Apache Junction City Code, Vol. I, and keep such license current during the term of this Agreement and after termination of this Agreement anytime Work is performed pursuant to the warranty provisions set forth in Section 7. Contractor also acknowledges that the tax provision of the Apache Junction Tax Code, Chapter 8A, may also apply and if so, shall obtain a transaction privilege license and/or other licenses as may be required by the city code. Any activity by subcontractors within the corporate city limits will Invoke the same business license regulations on any subcontractors, and Contractor ensures its subcontractors will obtain any required licenses. Further, Contractor agrees to pay all applicable privilege and use taxes that are applicable to the activities, products and services provided under this agreement. 10. SUPERINTENDENT: Contractor shall employ a competent project superintendent who shall be In attendance at the project site during the progress of the Work. Superintendent shall represent and be the community agent of Contractor and communications given to the superintendent shall be as binding as if given to Contractor. Important communications shall be confirmed in writing. The designated superintendent shall be set forth in the applicable Work Order. 11. INDEMNIFICATION: Contractor shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including reasonable attorney and expert witness fees, arising from, or alleged to have arisen from, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, Work or services of Contractor, its agents, employees, or any tier of Contractor's subcontractors in the performance of this Agreement, but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of Contractor or Its subcontractors in the performance of the Work under this Agreement. Contractor's duty to defend, hold harmless and indemnify City, Its special districts, elected and appointed officers, officials, agents and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by a Contractor's acts, errors, mistakes, omissions, work or services in the performance of this Agreement Including any employee of Contractor, any tier of Contractor's subcontractor or any other person for whose acts, errors, mistakes, omissions, Work or services Contractor may be legally liable, but only to the extend caused by the negligence, reckless ness or Intentional wrongful conduct of Contractor or any tier of Contractor's subcontractors or other person for whose acts, errors, mistakes, omissions, Work or services Contractor may be legally liable In the performance of the Work under this Agreement, The amount and type of insurance coverage requirements set forth herein will In no way be construed 4 as limiting the scope of the indemnity in this paragraph. The rights and obligations under this Section shall survive termination of this Agreement. 12. SUB-CONTRACTORS: All subcontractors chosen by Contractor will be subject to City's approval. All subcontractors shall be identified by Contractor prior to award of contract. Contractor shall make no substitutions for any subcontractor, person or entity previously selected without the approval of the City. 13. GOVERNING LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and Interpreted In accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any terms of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it Is mutually agreed that the prevailing Party In such action shall recover all reasonable attorney fees to be determined by the courtin such action. 14. INSURANCE: Contractor, at its own expense, shall purchase and maintain during the performance of any Work hereunder the herein stipulated insurance with companies duly licensed in the State of Arizona, possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in the State of Arizona with coverages and forms as set forth below. All insurance required herein shall be maintained in full force end effect during the performance of any Work hereunder; failure to do so may, at the sole discretion of City constitute a material breach of this Agreement. Contractor's insurance shall be primary insurance as respect to City, and any insurance or self-insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers' Compensation, shall contain waiver of transfer rights of recovery (subrogation) against City, its mayor and council, agents, officers, appointees, officials and employees where and to the extent permitted by law, except to the extent any loss, claim, damage, etc. is caused by the negligence, recklessness or willful misconduct of any party indemnified 5 hereunder by Contractor for Contractor's expressly assumed indemnity obligations under this Agreement. The Insurance policies may provide coverage which contains deductibles or self- insured retentions. Contractor shall be solely responsible for the deductible and/or self-insured retention and, In the event City has a good faith reason to believe Contractor is unable to satisfy such deductible or self-insurance, City, in its reasonable determination, may require Contractor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive within ten (10) working days copies of any or all of the herein required insurance endorsements. City shall not be obligated, however, to review same or to advise Contractor of any deficiencies In such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of City's right to insist on strict fulfillment of Contractor's obligations under this Agreement, The Insurance policies, except Workers' Compensation and Professional Liability, required by this Agreement, shall name City, its mayor and council, agents, officers, appointees, officials and employees as additional insured parties pursuant and subject to applicable ISO Endorsement Forms for Commercial General Liability, and standard forms for policies other than Commercial General Liability, but only to the extent of, and to no greater extent than is necessary to provide insurance coverage to the additional insureds for, Contractor's expressly assumed indemnification obligations under this Agreement. REQUIRED COVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of $1,000,000 for each occurrence with a$2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate Limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including the liability assumed under the indemnification provisions of this Agreement. Such policy shall contain a severability of Interest provision and shall not contain a sunset provision or commutation clause, nor any non-standard provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall include coverage for Contractor's operations and products and completed operations. If required by this Agreement, if Contractor sublets any part of the Work, services' 6 or operations, Contractor shall purchase and maintain, at all times during prosecution of the Work, services or operations under this Agreement, an Owner end Contractor's Protective Liability insurance policy for bodily injury and property damage, Including death, which may arise In the prosecution of Contractor's Work, service or operations under this Contract. Coverage shall be on an occurrence basis with a limit of $1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues Contractor's General Liability Insurance. Workers' Compensation Contractor shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor's employees engaged In the performance of the Work or services; and Employer's Liability insurance of $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. In case any Work Is subcontracted, Contractor will require subcontractors to provide Workers' Compensation and Employer's Liability to the same extent as required of the Contractor. Professional Liability Contractor will maintain Professional Liability insurance covering Contractor's expressly assumed indemnity obligations under this Agreement during the performance of the Work or services performed by Contractor, or any person employed by Contractor, with a limit of$1,000,000 each claim. Certificate of Insurance Prior to commencing Work or services under this Agreement, Contractor shall furnish City with Certificates of Insurance, or formal endorsements as required by Agreement, issued by the Contractor's insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of Contractor's Work or services and as evidenced by annual Certificates of Insurance, to be filed with the City Clerk of the City of Apache Junction. If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) calendar days prior to the expiration date. All Certificates of Insurance shall be identified with bid serial number and title. Cancellation and Expiration Notice 7 Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) calendar days' prior written notice to City. 15. CHANGE ORDERS: The Parties acknowledge a change order in the form of EXHIBIT B as attached to this Agreement is a written order executed by both Parties, issued after execution of the Work Order authorizing a change in the Work and/or an adjustment in the contract sum and/or the contract time. A change order shall not be binding unless and until signed by both City and Contractor. All such changes in the Work shall be authorized by change order and shall be performed under the applicable conditions of the Agreement. 16. SUCCESSORS. ASSIGNMENT & DELEGATION: City and Contractor each bind themselves, their partners, successors, assigns and legal representatives to the other Party hereto and to the partners, successors, assigns and legal representatives of such other Party In respect to all covenants, agreements and obligations contained in the contract documents. Neither Party to the contract shall assign the contract or sublet it as a whole or delegate the duties hereunder, without the written consent of the other, nor shall Contractor assign any monies due or to become due to it without the previous written consent of City. 17. WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity, or to an office of the corporation for whom it was intended or if delivered at or sent registered or certified mail, return receipt requested, and first-class postage prepaid to the respective parties as follows: If to Contractor: If to Cit GCON Inc City of Apache Junction 1606 W. Whispering Wind Dr. Finance Department Phoenix, AZ 85085 300 E. Superstition Blvd. Apache Junction, AZ 85119 18. CLAIMS FOR DAMAGES: Should either party to the contract suffer Injury or damage to personal property because of any act or omission of the other Party or of their employees or agents for whose acts they are legally liable, claims shall be made in writing to such other parties within a reasonable time after the first observance of such injury or damages. 19. PAYMENT & PERFORMANCE BONDS: City shall have the right to require Contractor at its cost to furnish bonds covering the faithful performance of the contract and the payment of all obligations arising hereunder. 20. SAFETY: Contractor and/or its subcontractors shall be responsible for Contractor's Job safety at all times in addition to any obligation City may have for 8 inspection of trench excavation as created under Occupational Safety and Health Administration or other similar laws or regulations. 21. RIGHTS & REMEDIES: Unless otherwise specified in this agreement, the duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be In addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by City or Contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any action or failure to act constitute an approval of or an acquiescence to any breaches thereunder except as may be specifically agreed to In writing. 22. FORCE MAJEURE: Except for the duty to make payments when due, neither City nor Contractor, as the case may be, shall be considered not to have performed Its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with applicable laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, executive orders, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade, Insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the obligations under this Agreement. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular Contractors, subcontractors, vendors or investors desired by Contractor in connection with the obligations under this Agreement. Contractor agrees that Contractor alone will bear all risks of delay which are caused by Contractor. in the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay,first notify the other Party of the specific delay In writing and claim the right to an extension for the period of the Enforced Delay; and provided further that either Party may terminate a Work Order in the event that an Enforced Delay exceeds ninety (90) calendar days. 23. A)TERMINATION BY CITY: City shall be permitted to terminate a Work Order or this Agreement(which shall terminate any outstanding Work Orders) if in the discretion of city manager or his or her designee, believes Contractor has failed to meet the terms of this Agreement, or due to an Enforced Delay as set forth above. City shall provide Notice of Termination to Contractor by Certified U.S. Mail 9 ten (10) calendar days before such termination takes effect, and in such case, City shall pay Contractor for the Work satisfactorily performed hereunder through the date of termination, plus any demobilization costs on the part of Contractor. B) TERMINATION BY CONTRACTOR: Contractor may terminate this Agreement if City fails to make payment as agreed upon In this document, or due to an Enforced Delay as set forth above. Any other termination will be deemed a breach of contract by Contractor. Contractor shall provide Notice of Termination to City by Certified U.S. Mail ten (10) calendar days before such termination takes effect, and in such case, City shall pay Contractor for the Work performed hereunder through the date of termination. 24. HAZARDOUS MATERIAL LIABILITY: Notwithstanding anything to the contrary In this or any other document, Contractor shall have no liability for any hazardous materials or damage caused therefrom not introduced to the Work location by it or caused by City or a third party's handling of hazardous materials, and Contractor shall at no time be deemed to be the owner or be deemed to have title to such pre-existing hazardous materials. 25. RECORDS: Records of Contractor's labor, payroll and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Contractor shall maintain records for a period of at least two (2) years after termination of this Agreement and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 26. DISPUTE RESOLUTION: A. Performance of Parties to Continue. Unless otherwise agreed in writing by the Parties, during the period in which any dispute is outstanding each of Contractor and City shall continue to perform its services and carry out its other responsibilities in accordance with this Agreement. B. Meet and Confer. City and Contractor shall endeavor to resolve all disputes between them, prior to commencement of any legal proceedings, by meeting and conferring on the issues in dispute. The first "meet and confer" shall take place no later than five (5) calendar days after written request by one of the Parties identifying with reasonable particularity the matters in dispute. Each meet and confer shall be attended by representatives of each Party who are familiar with the facts of the issues in dispute and with full authority to settle and resolve the dispute. 27. AMENDMENT: It is mutually understood and agreed that no alteration 10 or variation of the terms and conditions of this Agreement shall be valid unless made In writing and signed by the Parties hereto, and that oral understandings or agreements not incorporated herein shall not be binding on the Parties. 28. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Contractor and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 29. SEVERABILITY: City and Contractor each believe that the execution, delivery and performance of this Agreement are In compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 30. TIME IS OF THE ESSENCE: Time Is of the essence with respect to all provisions in this Agreement. Any delay In performance by either Party shall constitute a material breach of this Agreement. 31. PROHIBITION TO CONTRACT WITH CONTRACTORS WHO ENGAGE IN BOYCOTT OF THE STATE OF ISREAL: The Parties acknowledge A.R.S § 35-393 through 35-393.03, as amended, which forbids public entities from contracting with Contractors who engage in boycotts of the State of Israel. Should Contractor under this Agreement engage in any such boycott against the State of Israel, this Agreement shall be deemed automatically terminated by operation of law. Any such boycott is a material breach of contract, 32. CONFLICT OF INTEREST: The provisions of A.R.S. § 38-511 relating to cancellation of contracts due to conflicts of interest shall apply to this contract. I 1 33. CERTIFICATION PURSUANT TO A.R.S 35-394: In accordance with Arizona Revised Statutes § 35-394, Contractor hereby certifies and agrees that Contractor does not currently and shall not for the duration of this Agreement use: 1) the forced labor of ethnic Uyghurs in the People's Republic of China, 2) any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China, and/or 3) any suppliers, contractors or subcontractors that use the forced labor or any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China. If Contractor becomes aware during the term of this Agreement that Contractor is not in compliance with this Section, then Contractor shall notify the City within five (5) business days after becoming aware of such noncompliance. If Contractor does not provide the City with written certification that Contractor has remedied such noncompliance within one hundred eighty (180) calendar days after notifying the City of such noncompliance, this Agreement shall terminate, except that if the Agreement termination date occurs before the end of such one hundred eighty (180) calendar day remedy period, this Agreement shall terminate on such contract termination date. 34. E-VERIFY REQUIREMENTS: To the extent applicable under A.R.S. §41- 4401, the Contractor and their subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and compliance with the E-Verify requirements under A.R.S. § 23-214(A). The Contractor or its subcontractor's failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the City. The Contractor and Its subcontractors warrant to keep the papers and records open for random inspection during normal business hours by the City. The Contractor and its subcontractors shall cooperate with the City's Inspections. 12 IN WITNESS WHEREOF the parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of , 20 CONTRACTOR: GCON I C B n Rosenberger I Chief Risk Officer CITY: CITY OF APACHE JUNCTION, an Arizona municipal corporation By: Walter "Chip"Wilson Its: Mayor ATTEST: Yvette McKinney, City Clerk APPROVED AS TO FORM: A 6.23.25 _ R. Joel Stern City Attorney 13 STATE OF Arizona ) ) ss, COUNTY OF Maricopa ) The foregoing was subscribed and sworn to before me this 23rd day of June, 2025, by Shawn Rosenberger as CRO of GCON INC, an Arizona corporation. Nota�Iic My Commission Expires: TIFFANY LYN FISHER Ow-1441C-02ona <' Maricope County CommisGion#635979 My Comm Exp.September 5,2026 STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of , 20_, by Waiter "Chip" Wilson, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. My Commission Expires: Notary Public 14 EXHIBIT A Form of Work Order Work Order No. [#] Project: [NAME OF PROJECT] This Work Order is entered Into and governed by the MASTER JOB ORDER CONTRACTING - TRADE SERVICES AGREEMENT dated [MONTH][DAY], 20[YEAR] ("Agreement") by and between [INSERT NAME OF CONTRACTOR] and the City of Apache Junction ("Owner") and is effective as of the Work Order Effective Date defined below. Work Order Effective Date: [MONTH][DAY], 20[YEAR](or,If not indicated,the last date of the signature below) Contractor's Project Mgr. Phone: Email: Contractor License Numbers : Owner's Project Manager'. Phone: Email: 1) Work: [CONTRACTOR NAME] hereby agrees to perform the Work for Owner, as described below. a) Description of Work, Deliverables and Contractor Provided Materials: The Work, Deliverables and any Contractor Provided Materials are described In the Scope of Work attached as Attachment 1. b) Schedule: The Schedule is set out in Attachment 2. c) Geographic Location: [Contractor] shall provide the Work in [LIST SPECIFIC ADDRESS or CITY BUILDING / DEPARMENT NAME] 2) Contract Sum: Payment; Pricing. a) Contract Sum: The Contract Sum Is: $ Please indicate___Actual or Estimated b) Payment and Pricing: Owner shall pay [Contractor] as stated in Section 5 of the Agreement and according to the pricing detailed in Attachment 3. 15 3) Owner Standards. Applicable Owner Standards, If any, are attached hereto as Attachment 4. 4) Special Provisions Applicable Special Provisions, If any: The parties respective duly authorized representatives have executed this Work Order as of the Work Order Effective Date, CITY OF APACHE JUNCTION (Owner) [CONTRACTOR NAME] By: By: Name: Name: Title: Title: Date: Date: 16 Work Order Attachment 1: Scope of Work; Dellverables; Contractor Provided Materials Scope of Work: [As appropriate, note exclusions and divide Work by Segments.] Deliverables: [As appropriate, note exclusions and divide Deliverables by Segments] Contractor Provided Materials (if any): [As appropriate, note exclusions and divide Contractor Provided Materials by Segments.] 17 Work Order Attachment 2: Schedule (List as appropriate milestone dates, including but not limited to Substantial Completion Date and Final Completion Date) 18 Work Order Attachment 3: Pricing and Payment [As appropriate, provide Schedule of Values, hourly rates, etc.] [Indicate frequency of invoicing] 19 Work Order Attachment 4: Owner Standards Owner Standards are as follows: 20 [OPTIONAL: Work Order Attachment 5: Division of Responsibility] Owner Responsibilities Owner-Acquired Permits, if any, are as follows: [TBD] [Other Owner duties] Contractor Responsibilities Contractor Acquired Permits, if any, are as follows: 21 EXHIBIT B Form of Change Order Change Order (#] This Change Order ("Change Order") is entered into and governed by the MASTER JOB ORDER CONTRACTING -TRADE SERVICES AGREEMENT dated [MONTH][DAY], 20[YEAR] ("Agreement") by and between City of Apache Junction ("Owner") and [INSERT NAME OF CONTRACTOR] and modifies and amends the provisions of Work Order No [#] dated [MONTH] [DAY], 20[YEAR] ("Work Order") and is effective as of the date of the last party's signature below ("Change Order Effective Date"). The parties mutually agree to make the following changes to the Work Order: 1. Date of Request: 2. Original Contract Sum: $ 3. Total previously Approved Change Order(s) Amount(s), if any: $ 4. Current Contract Sum (original + previously approved change order(s)): $ 5. Value of this Change Order, If any: $ 6. Contract Sum as revised by this Change Order: $ (❑ Actual or ❑ Estimated) Or ❑ Not Revised 7. Description of Modification to the Work: 8, Revised Schedule: Except as expressly set out herein, all terms and provisions of the Work Order, any prior Change Orders, and this Agreement remains unmodified and in full force and effect, Capitalized terms used but not defined herein shall have the respective meanings ascribed to them in this Agreement. Execution of this Change Order by both parties constitutes a binding agreement with respect to the subject matter hereof. Owner may require consent of CONTRACTOR'S surety, if any, to the terms of this Change Order. The parties execute this Change Order by persons duly authorized as of the Change Order Effective Date set out above. CITY OF APACHE JUNCTION (Owner) [CONTRACTOR NAME] By: By: Name: Name: Title: Title: Date: Date: 22 MASTER JOB ORDER CONTRACTING -TRADE SERVICES AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND SCHOLZ CONTRACTING LLC This MASTER SERVICES AGREEMENT ("Agreement" or "MSA") is made and entered into this day of , 20, by and between CITY OF APACHE JUNCTION hereinafter designated as "City of Apache Junction", "Owner" or "City", an Arizona municipal corporation and SCHOLZ CONTRACTING LLC, an Arizona Limited Liability Corporation, hereinafter "Contractor", both of which may be identified as the "Parties" collectively or as a "Party" individually. RECITALS A. The City is in need of certain GENERAL CONTRACTING, procurement, construction, repair/maintenance and/or related services from time to time, and contractor desires to perform such work for City from time to time, as set forth on a "Work Order", the form of which is set forth on EXHIBIT A hereto (the work described in any such Work Order, shall be noted as the "Work"). B. Each Work Order shall incorporate the terms and conditions of this Agreement for components of the Work. AGREEMENT NOW, THEREFORE, the City retains Contractor to perform the Work, and Contractor agrees to render the Work in accordance with the terms and conditions set forth as follows: 1. PROJECT DESCRIPTION: Contractor shall do and perform or cause to be done and performed in a good workmanlike manner, the Work as described on any Work Order (each, a "Project") and in accordance with specifications set forth in such Work Order. 2. PAYMENTS & COMPLETION: The total amount payable by City to Contractor shall be set forth on the Work Order (the "Contract Sum") for the performance of the Work. Upon notice thatthe Work is ready forfinal inspection or acceptance, City representative shall promptly cause to be made an inspection. When City finds the Work acceptable, City shall promptly submit for processing a certificate for payment stating that to the best of their knowledge, information and belief and on the basis of its observation and inspection, the Work has been completed in accordance with the terms and conditions of the Work Order and that partial payment of the entire balance due Contractor is payable. Such payment to Contractor shall be made no later than thirty (30) calendar days from City's receipt of Contractor's invoice for the Work performed. Provided City is in compliance with 1 its payment obligations to Contractor in accordance with this agreement and there are no amounts in dispute under this agreement, no final payment shall become due until Contractor submits to all required lien waivers, releases and any other data establishing payment or satisfaction of all Contractor's obligations which shall be conditioned upon Contractor's receipt of payment. Provided City is in compliance with its payment obligations to Contractor in accordance with this agreement and there are no amounts in dispute under this agreement, if any subcontractor refuses to furnish a release or waiver required by City, Contractor shall furnish a bond or letter of credit to indemnify City against any such lien. 3. CONTRACT TIME: The term of this agreement is -7-_ 21' _, 2025 to ,7 , Zt • , 20 ("Term") and shall continue on a year-to year basis unless terminated by a Party upon sixty (60) calendar days written notice to the other Party prior to the end of the then-effective term. If liquidated damages are called for in a Work Order, upon failure to complete the Work within the time specified, Contractor shall pay as liquidated damages for the loss of use of the benefit of the Project the sum as provided in Table 108 of the Maricopa Association of Governments ("MAG") Specifications per day for each day the Work remains unfinished. 4. INDEPENDENT CONTRACTOR: Contractor shall at all times during Contractor's performance of the services retain Contractor's status as an independent contractor. Contractor's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide worker's compensation or unemployment insurance for or on behalf of them or Contractor. Contractor shall supervise and direct the Work to be done using sound industry practices, methods, and in accordance with all applicable laws. Except as provided in this agreement, Contractor shall be responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work required hereunder. 5. LABOR AND MATERIALS: Unless otherwise provided in a Work Order, Contractor shall provide, pay and insure under the requisite laws and regulations for all labor, materials, equipment, tools and machinery, water heat, utilities, transportation, other facilities and services necessary for the proper execution and completion of the Work whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. 6. INSPECTIONS AND QUALITY OF WORK: Contractor understands and specifically agrees that all Work is to be performed pursuant to the current MAG standards and details with Apache Junction additions. Contractor agrees that it will conduct at least one pre-construction meeting before any Work commences. While performing the services, Contractor shall exercise the reasonable professional care and skill customarily exercised by members of Contractor's 2 profession practicing in the Phoenix metropolitan area and shall use reasonable diligence and sound judgment while performing its Work hereunder. Contractor understands and agrees that inspection of the Work performed hereunder will occur by City. Contractor agrees that City will have the exclusive right to determine, in its sole and reasonable discretion, whether the Work has been performed in accordance with the applicable Work Order, and the MAG specifications and details. Contractor further agrees to make such corrections to the Work as may be directed by City prior to final acceptance of the Work to conform to said Work Order and the MAG specifications and details, without requirement of change order or any additional charge or cost to City whatsoever. Contractor further agrees to make such corrections to the Work within the time allowed for completion as long as it does not affect the overall deadline of completion set forth in Section 3. 7. WARRANTY: Contractor shall guarantee the Work against defective workmanship or materials for a period of one year from the date of its final acceptance under this Agreement and the Work Order, ordinary wear and tear, alterations or repairs carried out by persons not authorized by Contractor and unusual abuse or neglect excepted. Where the Work includes the provision of materials, all materials shall, at the time of their incorporation into the Work, be new and in accordance with the contract documents and industry standards; and where the Work includes construction services, the Work shall be performed in accordance with the contract documents, industry standards and all applicable laws. Any omission on the part of City to identify defective Work or materials at the time of construction shall not be deemed an acceptance and Contractor will be required to correct defective Work or materials at any time before final acceptance; and within one year from the date of final acceptance due to faults in workmanship or materials. Contractor shall begin making any necessary repairs to the reasonable satisfaction of City within fourteen calendar days of receipt of written notice from City. The warranties and guarantees provided in this subsection shall survive the expiration of this Agreement for the time period mentioned above 8. TAXES: Contractor shall pay all license, sales, consumer, use and other similar taxes for the Work or portions thereof provided by Contractor which are legally enacted at the time cost is negotiated whether or not yet effective or subsequently applicable due to acts of jurisdictions or bodies other than City. 9. PERMITS & FEES: Unless otherwise provided in a Work Order, Contractor shall secure and pay for all applicable permits, governmental fees, licenses and inspections necessary for the proper execution and completion of Work. Contractor shall give all notices and comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the Work. City permits for this Work will be provided to Contractor A no cost. Contractor represents and warrants that any license necessary to perform the Work under this Agreement is current and valid. 3 Contractor understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Contractor agrees to obtain a business license pursuant to Chapter 8 of the Apache Junction City Code, Vol. I, and keep such license current during the term of this Agreement and after termination of this Agreement any time Work is performed pursuant to the warranty provisions set forth in Section 7. Contractor also acknowledges that the tax provision of the Apache Junction Tax Code, Chapter 8A, may also apply and if so, shall obtain a transaction privilege license and/or other licenses as may be required by the city code. Any activity by subcontractors within the corporate city limits will invoke the same business license regulations on any subcontractors,and Contractor ensures its subcontractors will obtain any required licenses. Further, Contractor agrees to pay all applicable privilege and use taxes that are applicable to the activities, products and services provided under this agreement. 10. SUPERINTENDENT: Contractor shall employ a competent project superintendent who shall be in attendance at the project site during the progress of the Work. Superintendent shall represent and be the community agent of Contractor and communications given to the superintendent shall be as binding as if given to Contractor. Important communications shall be confirmed in writing. The designated superintendent shall be set forth in the applicable Work Order. 11. INDEMNIFICATION: Contractor shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including reasonable attorney and expert witness fees, arising from, or alleged to have arisen from, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, Work or services of Contractor, its agents, employees, or any tier of Contractor's subcontractors in the performance of this Agreement, but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of Contractor or its subcontractors in the performance of the Work under this Agreement. Contractor's duty to defend, hold harmless and indemnify City, its special districts, elected and appointed officers, officials, agents and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by a Contractor's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Contractor, any tier of Contractor's subcontractor or any other person for whose acts, errors, mistakes, omissions, Work or services Contractor may be legally liable, but only to the extend caused by the negligence, reckless ness or intentional wrongful conduct of Contractor or any tier of Contractor's subcontractors or other person for whose acts, errors, mistakes, omissions, Work or services Contractor may be legally liable in the performance of the Work under this Agreement. The amount and type of insurance coverage requirements set forth herein will in no way be construed 4 as limiting the scope of the indemnity in this paragraph. The rights and obligations under this Section shall survive termination of this Agreement. 12. SUB-CONTRACTORS: All subcontractors chosen by Contractor will be subject to City's approval. All subcontractors shall be identified by Contractor prior to award of contract. Contractor shall make no substitutions for any subcontractor, person or entity previously selected without the approval of the City. 13. GOVERNING LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any terms of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing Party in such action shall recover all reasonable attorney fees to be determined by the court in such action. 14. INSURANCE: Contractor, at its own expense, shall purchase and maintain during the performance of any Work hereunder the herein stipulated insurance with companies duly licensed in the State of Arizona, possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in the State of Arizona with coverages and forms as set forth below. All insurance required herein shall be maintained in full force end effect during the performance of any Work hereunder; failure to do so may, at the sole discretion of City constitute a material breach of this Agreement. Contractor's insurance shall be primary insurance as respect to City, and any insurance or self-insurance maintained by City shall notcontribute to it. Any fa' ure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers' Compensation, shall contain waiver of transfer rights of recovery (subrogation) against City, its mayor and council, agents, officers, appointees, officials and employees where and to the extent permitted by law, except to the extent any loss, claim, damage, etc. is caused by the negligence, recklessness or willful misconduct of any party indemnified 5 hereunder by Contractor for Contractor's expressly assumed indemnity obligations under this Agreement. The insurance policies may provide coverage which contains deductibles or self- insured retentions. Contractor shall be solely responsible for the deductible and/or self-insured retention and, in the event City has a good faith reason to believe Contractor is unable to satisfy such deductible or self-insurance, City, in its reasonable determination, may require Contractor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive within ten (10) working days copses of any or all of the herein required insurance endorsements. City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of City's right to insist on strict fulfillment of Contractor's obligations under this Agreement. The insurance policies, except Workers' Compensation and Professional Liability, required by this Agreement, shall name City, its mayor and council, agents, officers, appointees, officials and employees as additional insured parties pursuant and subject to applicable ISO Endorsement Forms for Commercial General Liability, and standard forms for policies other than Commercial General Liability, but only to the extent of, and to no greater extent than is necessary to provide insurance coverage to the additional insureds for, Contractor's expressly assumed indemnification obligations under this Agreement. REQUIRED COVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate Limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including the liability assumed under the indemnification provisions of this Agreement. Such policy shall contain a severability of interest provision and shall not contain a sunset provision or commutation clause, nor any non-standard provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall include coverage for Contractor's operations and products and completed operations. If required by this Agreement, if Contractor sublets any part of the Work, services' 6 or operations, Contractor shall purchase and maintain, at all times during prosecution of the Work, services or operations under this Agreement, an Owner end Contractor's Protective Liability insurance policyfor bodily injury and property damage, including death, which may arise in the prosecution of Contractor's Work, service or operations under this Contract. Coverage shall be on an occurrence basis with a limit of $1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues Contractor's General Liability insurance. Workers' Compensation Contractor shall carry Workers' Compensation insurance to cover obligations imposed by federal an state statutes having jurisdiction of Contractor's employees engaged in the performance of the Work or services; and Employer's Liability insurance of $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. In case any Wor is subcontracted, Contractor will require subcontractors to provide Workers' Compensation and Employer's Liability to the same extent as required of the Contractor. Professional Liability Contractor will maintain Professional Liability insurance covering Contractor's expressly assumed indemnity obligations under this Agreement during the performance of the Work or services performed by Contractor, or any person employed by Contractor, with a limit of$1,000,000 each claim. Certificate of Insurance Prior to commencing Work or services under this Agreement, Contractor shall furnish City with Certificates of Insurance, or formal endorsements as required by Agreement, issued by the Contractor's insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of Contractor's Work or services and as evidenced by annual Certificates of Insurance, to be filed with the City Clerk of the City of Apache Junction. If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) calendar days prior to the expiration date. All Certificates of insurance shall be identified with bid serial number and title. Cancellation and Expiration Notice 7 Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) calendar days' prior written notice to City. 15. CHANGE ORDERS: The Parties acknowledge a change order in the form of EXHIBIT B as attached to this Agreement is a written order executed by both Parties, issued after execution of the Work Order authorizing a change in the Work and/or an adjustment in the contract sum and/or the contract time. A change order shall not be binding unless and until signed by both City and Contractor. All such changes in the Work shall be authorized by change order and shall be performed under she applicable conditions of the Agreement. 16. SUCCESSORS. ASSIGNMENT & DELEGATION: City and Contractor each bind themselves, their partners, successors, assigns and legal representatives to the other Party hereto and to the partners, successors, assigns and legal representative of such other Party in respect to all covenants, agreements and obligations contained in the contract documents. Neither Party to the contract shall assign the contract or sublet it as a whole or delegate the duties hereunder, without the written consent of the other, nor shall Contractor assign any monies due or to become due to it without the previous written consent of City. 17. WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity, or to an office rf the corporation for whom it was intended or if delivered at or sent registered or certified mail, return receipt requested, and first-class postage prepaid to the respective parties as follows: If Lo Cor tractor: If to City: SCHOLZ CONTRACTING LLC City of Apache Junction PO Box 21418 Finance Department Mesa, AZ 85277 300 E. Superstition Blvd. Apache Junction, AZ 85119 18. CLAIMS FOR DAMAGES: Should either party to the contract suffer injury or damage to personal property because of any act or omission of the other Party or of their employees or agents for whose acts they are legally liable, claims shall be made in writing to such other parties within a reasonable time after the first observance of such injury or damages. 19. PAYMENT & PERFORMANCE BONDS: City shall have the right to require Contractor at its costto furnish bonds covering the faithful performance of the contract and the payment of all obligations arising hereunder. 20. SAFETY: Contractor and/or its subcontractors shall be responsible for Contractor's job eafety at all times in addition to any obligation City may have for 8 inspection of trench excavation as created under Occupational Safety and Health Administration or other similar laws or regulations. 21. RIGHTS & REMEDIES: Unless otherwise specified in this agreement, the duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by City or Contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any action or failure to act constitute an approval of or an acquiescence to any breaches thereunder except as may be specifically agreed to in writing. 22. FORCE MAJEURE: Except for the duty to make payments when due, neither City nor Contractor, as the case may be, shall be considered not to have performed its obligations under this A reement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with applicable laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, executive orders, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or.a declaration of moratorium or similar hiatus (whether permanent or temporary) by ei y public entity directly affecting the obligations under this Agreement. In no event will Enforced Delay include any delay resulting from unavailability for any reast)r► of labor shortages, or the unavailability for any reason of particular Contrac'l:ors, subcontractors, vendors or investors desired by Contractor in connection with the obligations under this Agreement. Contractor agrees that Contractor alone will bear all risks of delay which are caused by Contractor. In the ever.- o1 the occurrence of any such Enforced Delay, the time or times for per,`ormance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay,first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that either Party may terminate a Work Order in the event that an Enforced Delay exceeds ninety (90) calendar days. 23. A)TERMINATION BY CITY: City shall be permitted to terminate a Work Order or this Agreement(which shall terminate any outstanding Work Orders) if in the discretion of city manager or his or her designee, believes Contractor has failed to meet the terms of this Agreement, or due to an Enforced Delay as set forth above. City shall provide Notice of Termination to Contractor by Certified U.S. Mail 9 ten (10) calendar days before such termination takes effect, and in such case, City shall pay Contractor for the Work satisfactorily performed hereunder through the date of termination, plus any demobilization costs on the part of Contractor. B) TERMINATION BY CONTRACTOR: Contractor may terminate this Agreement if City fails to make payment as agreed upon in this document, or due to an Enforced Delay as set forth above. Any other termination will be deemed a breach of contract by Contractor. Contractor shall provide Notice of Termination to City by Certified U.S. Mail ten (10) calendar days before such termination takes effect, and in such case, City shall pay Contractor for the Work performed hereunder through the date of termination. 2,4-. HAZARDOUS MATERIAL LIABILITY: Notwithstanding anything to the contrary in this or any other document, Contractor shall have no liability for any hazardous materials or damage caused therefrom not introduced to the Work location by it or caused by City or a third party's handling of hazardous materials, and Contractor shall at no time be deemed to be the owner or be deemed to have title to such pre-existing hazardous materials. 25. RECORDS: Records of Contractor's labor, payroll and other costs pert�aining to this Agreement shall be kept on a generally recognized accounting basis ar.d rr)ade available to City for inspection on request. Contractor shall wain{gain records for a period of at least two (2) years after termination of this Agreement and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 26. DISPUTE RESOLUTION: A. Performance of Parties to Continue. Unless otherwise agreed in writing by the Parties, during the period in which any dispute is outstanding each of Contractor and City shall continue to perform its services and carry out its other responsibilities in accordance with this Agreement. 9. Meet and Confer. City and Contractor shall endeavor to resolve ,,=Jl disputes between them, prior to commencement of any legal proceedings, by meeting and conferring on the issues in dispute. The first "meet and confer" shall take place no later than five (5) calendar days after written request by one of the Parties identifying with reasonable particularity the matters in dispute. Each meet and confer shall be attended by representatives of each Party who are familiar with the facts of the issues in dispute and with full authority to settle and resolve the dispute. 27. AMENDMENT: It is mutually understood and agreed that no alteration 10 or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto, and that oral understandings or agreements not incorporated herein shall not be binding on the Parties. 28. ENTIRE AGREEMENT:This Agreementand any attachments represent the entire agreement between City and Contractor and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 29. SEVERABILITY: City and Contractor each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 30. TIME IS OF THE ESSENCE: Time is of the essence with respect to all provisions in this Agreement. Any delay in performance by either Party shall constitute a material breach of this Agreement. 31. PROHIBITION TO CONTRACT WITH CONTRACTORS WHO ENGAGE IN BOYCOTT OF THE STATE OF ISREAL: The Parties acknowledge A.R.S § 35-393 through 35-393.03,as amended,which forbids public entities from contracting with Con-raCtors vvho engage in boycotts of the State of Israel. Should Contractor under this Agreement engage in any such boycott against the State of Israel, this Agreement shall be deemed automatically terminated by operation of law.Any such boycott is a material breech of contract. 32. CONFLICT OF INTEREST: The provisions of A.R.S. § 38-511 relating to cancellation of contracts due to conflicts of interest shall apply to this contract. 11 33. CERTIFICATION PURSUANT TO A.R.S § 35-394: In accordance with Arizona Revised Statutes § 35-394, Contractor hereby certifies and agrees that Contractor does not currently and shall not for the duration of this Agreement use: 1) the forced labor of ethnic Uyghurs in the People's Republic of China, 2) any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China, and/or 3) any suppliers, contractors or subcontractors that use the forced labor or any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China. If Contractor becomes aware during the term of this Agreement that Contractor is not in compliance with this Section, then Contractor shall notify the City within five (5) business days after becoming aware of such noncompliance. If Contractor does not provide the City with written certification that Contractor has remedied such noncompliance within one hundred eighty (180) calendar days after notifying the City of such noncompliance, this Agreement shall terminate, except that if the Agreement termination date occurs before the end of such one hundred eighty (180) calendar day remedy period, this Agreement shall terminate on such contract termination date. V E-VER!FY REQUIREMENTS:To the extent applicable under A.R.S. §41- 4401, the Contractor and their subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and compliance with the E Verify requirements under A.R.S. § 23-214(A). The Contractor or its subcontractor's failure to comply with such warranty shall be deemed a material breach of this Agreeme t nd may result in the termination of this Agreement by tl:a City. T he Contractor and its subcontractors warrant to keep the papers and records open for random inspection during normal business hours by the City. The Contractor and its subcontractors shall cooperate with the City's inspections. 12 IN WITNESS WHEREOF the parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of , 20 CONTRACTOR: SCHO CONS 5ING LC g :Jeffr S - Its:PresfiBent CITY: CITY OF APACHE JUNCTION, an Arizona municipal corporation By: Walter "Chip" Wilson Its: Mayor ATTEST: Yvette McKinney, City Clerk APPROVED AS TO FORM: * R. Joel Stern City Attorney 13 STATE OFY111� ) ) ss. COUNTY OI �v ) The foregoing was subscribed and sw rn to before me this day of 20T5 by J.�� as trogj�M- of SCHOLZ CONTRACTING LLC, an Arizona limited liability corpora _NotWy Ptiblic My Commission Expires: OLIVIA ASTORGA :.zona Notary Public-Arizona ;r Expires Maricopa county .27 �, oh My Commission Expires i ;rn ds:Gi r,12/10/2027 660355 ��v�ow commission#660355 STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this_day of , 20 -, by Walter "Chip"Wilson, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: 14 EXHIBIT A Form of Work Order Work Order No. [#] Project: [NAME OF PROJECT] This Work Order is entered into and governed by the MASTER JOB ORDER CONTRACTING - TRADE SERVICES AGREEMENT dated [MONTH][DAY], 20[YEAR] ("Agreement") by and between [INSERT NAME OF CONTRACTOR] and the City of Apache Junction ("Owner") and is effective as of the Work Order Effective Date defined below. Work Order Effective Date: [MONTH] [DAY], 20[YEAR] (or, if not indicated, the last date of the signature below Contractor's Project Mgr. Phone: Email: Contractor License Numbers : Owner's Project Manager: Phone: Email: 1) Work: [CONTRACTOR NAME] hereby agrees to perform the Work for Owner, as described below. a) Description of Work, Deliverables and Contractor Provided Materials: The Work, Deliverables and any Contractor Provided Materials are described in the Scope of Work attached as Attachment 1. b) Schedule: The Schedule is set out in Attachment 2. c) Geographic Location: [Contractor] shall provide the Work in [LIST SPECIFIC ADDRESS or CITY BUILDING 1 DEPARMENT NAME] 2) Contract Sum: Payment: Pricing. a) Contract Sum: The Contract Sum is: $ Please indicate Actual or Estimated b) Payment and Pricing: Owner shall pay [Contractor] as stated in Section 5 of the Agreement and according to the pricing detailed in Attachment 3. 15 3) Owner Standards. Applicable Owner Standards, if any, are attached hereto as Attachment 4. 4) Special Provisions Applicable Special Provisions, if any: The parties respective duly authorized representatives have executed this Work Order as of the Work Order Effective Date. CITY OF APACHE JUNCTION (Owner) [CONTRACTOR NAME) By: By: Name: Name: Title: Title: Date: Date: 16 Work Order Attachment 1: Scope of Work; Deliverables; Contractor Provided Materials Scope of Work: [As appropriate, note exclusions and divide Work by Segments.] Deliverables: [As appropriate, note exclusions and divide Deliverables by Segments] Contractor Provided Materials (if any): [As appropriate, note exclusions and divide Contractor Provided Materials by Segments.] 17 Work Order Attachment 2: Schedule [List as appropriate milestone dates, including but not limited to Substantial Completion Date and Final Completion Date) 18 Work Order Attachment 3: Pricing and Payment [As appropriate, provide Schedule of Values, hourly rates, etc.] [indicate frequency of invoicing] 19 Work Order Attachment 4: Owner Standards Owner Standards are as follows: 20 [OPTIONAL: Work Order Attachment 5: Division of Responsibility] Owner Responsibilities Owner-Acquired Permits, if any, are as follows: [TBD] [Other Owner duties] Contractor Responsibilities Contractor Acquired Permits, if any, are as follows: 21 EXHIBIT B Form of Change Order Change Order[#] This Change Order ("Change Order") is entered into and governed by the MASTER JOB ORDER CONTRACTING -TRADE SERVICES AGREEMENT dated [MONTH][DAY], 20[YEAR] ("Agreement") by and between City of Apache Junction ("Owner") and [INSERT NAME OF CONTRACTOR] and modifies and amends the provisions of Work Order No [#] dated [MONTH] [DAY], 20[YEAR] ("Work Order") and is effective as of the date of the last party's signature below ("Change Order Effective Date"). The parties mutually agree to make the following changes to the Work Order: 1. Date of Request: 2. Original Contract Sum: $ 3. Total previously Approved Change Order(s) Amount(s), if any: $ ;. Current Contract Sum (original + previously approved change order(s)): $ 5. Value of this Change Order, if any: $ 6. Contract Sum as revised by this Change Order: S _ (❑ Actual or ❑ Estimated) Or ❑ Not Revised 7. Description of Modification to the Work: 6. Revised Schedule: Except as expressly set out herein, all terms and provisions of the Work Order, any prior Change Orders, and this Agreement remains unmodified and in full force and effect. Capitalized terms used but not defined herein shall have the respective meanings ascribed to them in this Agreement. Execution of this Change Order by both parties constitutes a binding agreement with resr:ect to the subject matter hereof. Owner may require consent of CONTRACTOR'S surety, if any, to the terms of this Change Order. The Parties execute this Change Order by persons duly authorized as of the Change Order Effective Date set out above. CITY OF APACHE JUNCTION (Owner) [CONTRACTOR NAME] By: T_ By: Name: Name: Title: Title: Date: Date: 22 MASTER JOB ORDER CONTRACTING -TRADE SERVICES AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND WILLMENG CONSTRUCTION INC This MASTER SERVICES AGREEMENT ("Agreement" or "MSA") is made and entered into this day of , 2025, by and between CITY OF APACHE JUNCTION hereinafter designated as "City of Apache Junction", "Owner" or"City", an Arizona municipal corporation and WILLMENG CONSTRUCTION INC an Arizona Corporation, hereinafter "Contractor", both of which may be identified as the "Parties" collectively or as a "Party" individually. RECITALS A. The City is in need of certain Trade Services - General Construction procurement, construction, repair/maintenance and/or related services from time to time, and contractor desires to perform such work for City from time to time, as set forth on a "Work Order", the form of which is set forth on EXHIBIT A hereto (the work described in any such Work Order, shall be noted as the "Work"). B. Each Work Order shall incorporate the terms and conditions of this Agreement for components of the Work. AGREEMENT NOW, THEREFORE, the City retains Contractor to perform the Work, and Contractor agrees to render the Work in accordance with the terms and conditions set forth as follows: 1. PROJECT DESCRIPTION: Contractor shall do and perform or cause to be done and performed in a good workmanlike manner, the Work as described on any Work Order (each, a "Project") and in accordance with specifications set forth in such Work Order. 2. PAYMENTS & COMPLETION: The total amount payable by City to Contractor shall be set forth on the Work Order (the "Contract Sum") for the performance of the Work. Upon notice that the Work is ready for final inspection or acceptance, City representative shall promptly cause to be made an inspection. When City finds the Work acceptable, City shall promptly submit for processing a certificate for payment stating that to the best of their knowledge, information and belief and on the basis of its observation and inspection, the Work has been completed in accordance with the terms and conditions of the Work Order and that partial payment of the entire balance due Contractor is payable. Such payment to Contractor shall be made no later than thirty (30) calendar days from City's receipt of Contractor's invoice for the Work performed. Provided City is in compliance with 1 its payment obligations to Contractor in accordance with this agreement and there are no amounts in dispute under this agreement, no final payment shall become due until Contractor submits to all required lien waivers, releases and any other data establishing payment or satisfaction of all Contractor's obligations which shall be conditioned upon Contractor's receipt of payment. Provided City is in compliance with its payment obligations to Contractor in accordance with this agreement and there are no amounts in dispute under this agreement, if any subcontractor refuses to furnish a release or waiver required by City, Contractor shall furnish a bond or letter of credit to indemnify City against any such lien. 3. CONTRACT TIME: The term of this agreement is 7-2-L' , 2025 to rl- 2-1 , 2026 ("Term") and shall continue on a year-to year basis unless terminated by a Party upon sixty (60) calendar days written notice to the other Party prior to the end of the then-effective term. If liquidated damages are called for in a Work Order, upon failure to complete the Work within the time specified, Contractor shall pay as liquidated damages for the loss of use of the benefit of the Project the sum as provided in Table 108 of the Maricopa Association of Governments ("MAG") Specifications per day for each day the Work remains unfinished. 4. INDEPENDENT CONTRACTOR: Contractor shall at all times during Contractor's performance of the services retain Contractor's status as an independent contractor. Contractor's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide worker's compensation or unemployment insurance for or on behalf of them or Contractor. Contractor shall supervise and direct the Work to be done using sound industry practices, methods, and in accordance with all applicable laws. Except as provided in this agreement, Contractor shall be responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work required hereunder. 5. LABOR AND MATERIALS: Unless otherwise provided in a Work Order, Contractor shall provide, pay and insure under the requisite laws and regulations for all labor, materials, equipment, tools and machinery, water heat, utilities, transportation, other facilities and services necessary for the proper execution and completion of the Work whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. 6. INSPECTIONS AND QUALITY OF WORK: Contractor understands and specifically agrees that all Work is to be performed pursuant to the current MAG standards and details with Apache Junction additions. Contractor agrees that it will conduct at least one pre-construction meeting before any Work commences. While performing the services, Contractor shall exercise the reasonable professional care and skill customarily exercised by members of Contractor's 2 profession practicing in the Phoenix metropolitan area and shall use reasonable diligence and sound judgment while performing its Work hereunder. Contractor understands and agrees that inspection of the Work performed hereunder will occur by City. Contractor agrees that City will have the exclusive right to determine, in its sole and reasonable discretion, whether the Work has been performed in accordance with the applicable Work Order, and the MAG specifications and details. Contractor further agrees to make such corrections to the Work as may be directed by City prior to final acceptance of the Work to conform to said Work Order and the MAG specifications and details, without requirement of change order or any additional charge or cost to City whatsoever. Contractor further agrees to make such corrections to the Work within the time allowed for completion as long as it does not affect the overall deadline of completion set forth in Section 3. 7. WARRANTY: Contractor shall guarantee the Work against defective workmanship or materials for a period of one year from the date of its final acceptance under this Agreement and the Work Order, ordinary wear and tear, alterations or repairs carried out by persons not authorized by Contractor and unusual abuse or neglect excepted. Where the Work includes the provision of materials, all materials shall, at the time of their incorporation into the Work, be new and in accordance with the contract documents and industry standards; and where the Work includes construction services, the Work shall be performed in accordance with the contract documents, industry standards and all applicable laws. Any omission on the part of City to identify defective Work or materials at the time of construction shall not be deemed an acceptance and Contractor will be required to correct defective Work or materials at any time before final acceptance; and within one year from the date of final acceptance due to faults in workmanship or materials. Contractor shall begin making any necessary repairs to the reasonable satisfaction of City within fourteen calendar days of receipt of written notice from City. The warranties and guarantees provided in this subsection shall survive the expiration of this Agreement for the time period mentioned above. 8. TAXES: Contractor shall pay all license, sales, consumer, use and other similar taxes for the Work or portions thereof provided by Contractor which are legally enacted at the time cost is negotiated whether or not yet effective or subsequently applicable due to acts of jurisdictions or bodies other than City. 9. PERMITS & FEES: Unless otherwise provided in a Work Order, Contractor shall secure and pay for all applicable permits, governmental fees, licenses and inspections necessary for the proper execution and completion of Work. Contractor shall give all notices and comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the Work. City permits for this Work will be provided to Contractor at no cost. Contractor represents and warrants that any license necessary to perform the Work under this Agreement is current and valid. 3 Contractor understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Contractor agrees to obtain a business license pursuant to Chapter 8 of the Apache Junction City Code, Vol. I, and keep such license current during the term of this Agreement and after termination of this Agreement any time Work is performed pursuantto the warranty provisions set forth in Section 7. Contractor also acknowledges that the tax provision of the Apache Junction Tax Code, Chapter 8A, may also apply and if so, shall obtain a transaction privilege license and/or other licenses as may be required by the city code. Any activity by subcontractors within the corporate city limits will invoke the same business license regulations on any subcontractors, and Contractor ensures its subcontractors will obtain any required licenses. Further, Contractor agrees to pay all applicable privilege and use taxes that are applicable to the activities, products and services provided under this agreement. 10. SUPERINTENDENT: Contractor shall employ a competent project superintendent who shall be in attendance at the project site during the progress of the Work. Superintendent shall represent and be the community agent of Contractor and communications given to the superintendent shall be as binding as if given to Contractor. Important communications shall be confirmed in writing.The designated superintendent shall be set forth in the applicable Work Order. 11. INDEMNIFICATION: Contractor shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including reasonable attorney and expert witness fees, arising from, or alleged to have arisen from, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, Work or services of Contractor, its agents, employees, or any tier of Contractor's subcontractors in the performance of this Agreement, but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of Contractor or its subcontractors in the performance of the Work under this Agreement. Contractor's duty to defend, hold harmless and indemnify City, its special districts, elected and appointed officers, officials, agents and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by a Contractor's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Contractor, any tier of Contractor's subcontractor or any other person for whose acts, errors, mistakes, omissions, Work or services Contractor may be legally liable, but only to the extend caused by the negligence, reckless ness or intentional wrongful conduct of Contractor or any tier of Contractor's subcontractors or other person for whose acts, errors, mistakes, omissions, Work or services Contractor may be legally liable in the performance of the Work under this Agreement. The amount and type of insurance coverage requirements set forth herein will in no way be construed 4 as limiting the scope of the indemnity in this paragraph. The rights and obligations under this Section shall survive termination of this Agreement. 12. SUB-CONTRACTORS: All subcontractors chosen by Contractor will be subject to City's approval. All subcontractors shall be identified by Contractor prior to award of contract. Contractor shall make no substitutions for any subcontractor, person or entity previously selected without the approval of the C ity. 13. GOVERNING LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any terms of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing Party in such action shall recover all reasonable attorney fees to be determined by the court in such action. 14. INSURANCE: Contractor, at its own expense, shall purchase and maintain during the performance of any Work hereunder the herein stipulated insurance with companies duly licensed in the State of Arizona, possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in the State of Arizona with coverages and forms as set forth below. All insurance required herein shall be maintained in full force end effect during the performance of any Work hereunder; failure to do so may, at the sole discretion of City constitute a material breach of this Agreement. Contractor's insurance shall be primary insurance as respect to City, and any insurance or self-insurance maintained by City shall notcontribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers' Compensation, shall contain waiver of transfer rights of recovery (subrogation) against City, its mayor and council, agents, officers, appointees, officials and employees where and to the extent permitted by law, except to the extent any loss, claim, damage, etc. is caused by the negligence, recklessness or willful misconduct of any party indemnified 5 hereunder by Contractor for Contractor's expressly assumed indemnity obligations under this Agreement. The insurance policies may provide coverage which contains deductibles or self- insured retentions. Contractor shall be solely responsible for the deductible and/or self-insured retention and, in the event City has a good faith reason to believe Contractor is unable to satisfy such deductible or self-insurance, City, in its reasonable determination, may require Contractor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive within ten (10) working days copies of any or all of the herein required insurance endorsements. City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of City's right to insist on strict fulfillment of Contractor's obligations under this Agreement. The insurance policies, except Workers' Compensation and Professional Liability, required by this Agreement, shall name City, its mayor and council, agents, officers, appointees, officials and employees as additional insured parties pursuant and subject to applicable ISO Endorsement Forms for Commercial General Liability, and standard forms for policies other than Commercial General Liability, but only to the extent of, and to no greater extent than is necessary to provide insurance coverage to the additional insureds for, Contractor's expressly assumed indemnification obligations under this Agreement. REQUIRED COVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate Limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including the liability assumed under the indemnification provisions of this Agreement. Such policy shall contain a severability of interest provision and shall not contain a sunset provision or commutation clause, nor any non-standard provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall include coverage for Contractor's operations and products and completed operations. If required by this Agreement, if Contractor sublets any part of the Work, services' 6 or operations, Contractor shall purchase and maintain, at all times during prosecution of the Work, services or operations under this Agreement, an Owner end Contractor's Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of Contractor's Work, service or operations under this Contract. Coverage shall be on an occurrence basis with a limit of $1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues Contractor's General Liability insurance. Workers' Compensation Contractor shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor's employees engaged in the performance of the Work or services; and Employer's Liability insurance of $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. In case any Work is subcontracted, Contractor will require subcontractors to provide Workers' Compensation and Employer's Liability to the same extent as required of the Contractor. Professional Liability Contractor will maintain Professional Liability insurance covering Contractor's expressly assumed indemnity obligations under this Agreement during the performance of the Work or services performed by Contractor, or any person employed by Contractor, with a limit of$1,000,000 each claim. Certificate of Insurance Prior to commencing Work or services under this Agreement, Contractor shall furnish City with Certificates of Insurance, or formal endorsements as required by Agreement, issued by the Contractor's insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of Contractor's Work or services and as evidenced by annual Certificates of Insurance, to be filed with the City Clerk of the City of Apache Junction. If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) calendar days prior to the expiration date. All Certificates of Insurance shall be identified with bid serial number and title. Cancellation and Expiration Notice 7 Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) calendar days' prior written notice to City. 15. CHANGE ORDERS: The Parties acknowledge a change order in the form of EXHIBIT B as attached to this Agreement is a written order executed by both Parties, issued after execution of the Work Order authorizing a change in the Work and/or an adjustment in the contract sum and/or the contract time. A change order shall not be binding unless and until signed by both City and Contractor. All such changes in the Work shall be authorized by change order and shall be performed under the applicable conditions of the Agreement. 16. SUCCESSORS. ASSIGNMENT & DELEGATION: City and Contractor each bind themselves, their partners, successors, assigns and legal representatives to the other Party hereto and to the partners, successors, assigns and legal representatives of such other Party in respect to all covenants, agreements and obligations contained in the contract documents. Neither Party to the contract shall assign the contract or sublet it as a whole or delegate the duties hereunder, without the written consent of the other, nor shall Contractor assign any monies due or to become due to it without the previous written consent of City. 17. WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity, or to an office of the corporation for whom it was intended or if delivered at or sent registered or certified mail, return receipt requested, and first-class postage prepaid to the respective parties as follows: If to Contractor: If to City: Wilmeng Constructon Inc City of Apache Junction 1702 E. Highland Ave. Finance Department Phoenix, Arizona 85016 300 E. Superstition Blvd. Apache Junction, AZ 85119 18. CLAIMS FOR DAMAGES: Should either party to the contract suffer injury or damage to personal property because of any act or omission of the other Party or of their employees or agents for whose acts they are legally liable, claims shall be made in writing to such other parties within a reasonable time after the first observance of such injury or damages. 19. PAYMENT & PERFORMANCE BONDS: City shall have the right to require Contractor at its cost to furnish bonds covering the faithful performance of the contract and the payment of all obligations arising hereunder. 20. SAFETY: Contractor and/or its subcontractors shall be responsible for Contractor's job safety at all times in addition to any obligation City may have for 8 inspection of trench excavation as created under Occupational Safety and Health Administration or other similar laws or regulations. 21. RIGHTS & REMEDIES: Unless otherwise specified in this agreement, the duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by City or Contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any action or failure to act constitute an approval of or an acquiescence to any breaches thereunder except as may be specifically agreed to in writing. 22. FORCE MAJEURE: Except for the duty to make payments when due, neither City nor Contractor, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with applicable laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, executive orders, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the obligations under this Agreement. in no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular Contractors, subcontractors, vendors or investors desired by Contractor in connection with the obligations under this Agreement. Contractor agrees that Contractor alone will bear all risks of delay which are caused by Contractor. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay,first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that either Party may terminate a Work Order in the event that an Enforced Delay exceeds ninety (90) calendar days. 23. A) TERMINATION BY CITY: City shall be permitted to terminate a Work Order or this Agreement (which shall terminate any outstanding Work Orders) if in the discretion of city manager or his or her designee, believes Contractor has failed to meet the terms of this Agreement, or due to an Enforced Delay as setforth above. City shall provide Notice of Termination to Contractor by Certified U.S. Mail 9 ten (10) calendar days before such termination takes effect, and in such case, City shall pay Contractor for the Work satisfactorily performed hereunder through the date of termination, plus any demobilization costs on the part of Contractor. B) TERMINATION BY CONTRACTOR: Contractor may terminate this Agreement if City fails to make payment as agreed upon in this document, or due to an Enforced Delay as set forth above. Any other termination will be deemed a breach of contract by Contractor. Contractor shall provide Notice of Termination to City by Certified U.S. Mail ten (10) calendar days before such termination takes effect, and in such case, City shall pay Contractor for the Work performed hereunder through the date of termination. 24. HAZARDOUS MATERIAL LIABILITY: Notwithstanding anything to the contrary in this or any other document, Contractor shall have no liability for any hazardous materials or damage caused therefrom not introduced to the Work location by it or caused by City or a third party's handling of hazardous materials, and Contractor shall at no time be deemed to be the owner or be deemed to have title to such pre-existing hazardous materials. 25. RECORDS: Records of Contractor's labor, payroll and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Contractor shall maintain records for a period of at least two (2) years after termination of this Agreement and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 26. DISPUTE RESOLUTION: A. Performance of Parties to Continue. Unless otherwise agreed in writing by the Parties, during the period in which any dispute is outstanding each of Contractor and City shall continue to perform its services and carry out its other responsibilities in accordance with this Agreement. B. Meet and Confer. City and Contractor shall endeavor to resolve all disputes between them, prior to commencement of any legal proceedings, by meeting and conferring on the issues in dispute. The first "meet and confer" shall take place no later than five (5) calendar days after written request by one of the Parties identifying with reasonable particularity the matters in dispute. Each meet and confer shall be attended by representatives of each Party who are familiar with the facts of the issues in dispute and with full authority to settle and resolve the dispute. 27. AMENDMENT: It is mutually understood and agreed that no alteration 10 or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto, and that oral understandings or agreements not incorporated herein shall not be binding on the Parties. 28. ENTIRE AGREEMENT:This Agreement and any attachments represent the entire agreement between City and Contractor and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 29. SEVERABILITY: City and Contractor each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 30. TIME IS OF THE ESSENCE: Time is of the essence with respect to all provisions in this Agreement. Any delay in performance by either Party shall constitute a material breach of this Agreement. 31. PROHIBITION TO CONTRACT WITH CONTRACTORS WHO ENGAGE IN BOYCOTT OF THE STATE OF ISREAL: The Parties acknowledge A.R.S § 35-393 through 35-393.03, as amended, which forbids public entities from contracting with Contractors who engage in boycotts of the State of Israel. Should Contractor under this Agreement engage in any such boycott against the State of Israel, this Agreement shall be deemed automatically terminated by operation of law. Any such boycott is a material breach of contract. 32. CONFLICT OF INTEREST: The provisions of A.R.S. § 38-511 relating to cancellation of contracts due to conflicts of interest shall apply to this contract. 11 33. CERTIFICATION PURSUANT TO A.R.S § 35-394: In accordance with Arizona Revised Statutes § 35-394, Contractor hereby certifies and agrees that Contractor does not currently and shall not for the duration of this Agreement use: 1) the forced labor of ethnic Uyghurs in the People's Republic of China, 2) any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China, and/or 3) any suppliers, contractors or subcontractors that use the forced labor or any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China. If Contractor becomes aware during the term of this Agreement that Contractor is not in compliance with this Section, then Contractor shall notify the City within five (5) business days after becoming aware of such noncompliance. If Contractor does not provide the City with written certification that Contractor has remedied such noncompliance within one hundred eighty (180) calendar days after notifying the City of such noncompliance, this Agreement shall terminate, except that if the Agreement termination date occurs before the end of such one hundred eighty (180) calendar day remedy period, this Agreement shall terminate on such contract termination date. 34. E-VERIFY REQUIREMENTS: To the extent applicable under A.R.S. §41- 4401, the Contractor and their subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and compliance with the E-Verify requirements under A.R.S. § 23-214(A). The Contractor or its subcontractor's failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the City. The Contractor and its subcontractors warrant to keep the papers and records open for random inspection during normal business hours by the City. The Contractor and its subcontractors shall cooperate with the City's inspections. 12 IN WITNESS WHEREOF the parties hereto have caused this Agreement to be signed by their duly authorized representative as of this _ _day of. _,2025. CONTRACTOR: WILLMENG CONSTRUCTION INC By: Parrish Rowland Its: Market Leader CITY: CITY OF APACHE JUNCTION, an Arizona municipal corporation By: Walter "Chip" Wilson Its: Mayor ATTEST: Yvette McKinney, City Clerk APPROVED AS TO FORM: _ 6 .2 3 •z 5 R. Joel Stern City Attorney 13 STATE OFI�ri;.ond,_ ss. COUNTY OF ` o.r $o� ) The foregoing was subscribed and sworn to before me this V day of 20Z by'Q,,*%,Ajas MA&r'y ,gar of Willmeng Construction Inc, an Arizona corporation. My Commission Expires: 0 2 .n oaa 01=Aoffil l -!2,OA STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of 20_, by Walter"Chip"Wilson, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. My Commission Expires: Notary Public 14 EXHIBIT A Form of Work Order Work Order No. [#] Project: [NAME OF PROJECT] This Work Order is entered into and governed by the MASTER JOB ORDER CONTRACTING - TRADE SERVICES AGREEMENT dated [MONTH][DAY], 20[YEAR] ("Agreement") by and between [INSERT NAME OF CONTRACTOR] and the City of Apache Junction ("Owner") and is effective as of the Work Order Effective Date defined below. Work Order Effective Date: [MONTH] [DAY],20[YEAR](or,if not indicated,the last date of the signature below) Contractor's Project Mgr. Phone: Email: Contractor License Number(s): Owner's Project Manager: Phone: Email: 1) Work: [CONTRACTOR NAME] hereby agrees to perform the Work for Owner, as described below. a) Description of Work, Deliverables and Contractor Provided Materials: The Work, Deliverables and any Contractor Provided Materials are described in the Scope of Work attached as Attachment 1. b) Schedule: The Schedule is set out in Attachment 2. c) Geographic Location: [Contractor] shall provide the Work in [LIST SPECIFIC ADDRESS or CITY BUILDING 1 DEPARMENT NAME] 2) Contract Sum: Payment, Pricing. a) Contract Sum: The Contract Sum is: $ Please indicate Actual or Estimated b) Payment and Pricing: Owner shall pay [Contractor] as stated in Section 5 of the Agreement and according to the pricing detailed in Attachment 3. 15 3) Owner Standards. Applicable Owner Standards, if any, are attached hereto as Attachment 4. 4) Special Provisions Applicable Special Provisions, if any: The parties respective duly authorized representatives have executed this Work Order as of the Work Order Effective Date. CITY OF APACHE JUNCTION (Owner) [CONTRACTOR NAME] By: By: Name: Name: Title: Title: Date: Date: 16 Work Order Attachment 1: Scope of Work; Deliverables; Contractor Provided Materials Scope of Work: [As appropriate, note exclusions and divide Work by Segments.] Deliverables: [As appropriate, note exclusions and divide Deliverables by Segments] Contractor Provided Materials (if any): [As appropriate, note exclusions and divide Contractor Provided Materials by Segments.] 17 Work Order Attachment 2; Schedule [List as appropriate milestone dates, including but not limited to Substantial Completion Date and Final Completion Date) 18 Work Order Attachment 3: Pricing and Payment [As appropriate, provide Schedule of Values, hourly rates, etc.] [Indicate frequency of invoicing] 19 Work Order Attachment 4: Owner Standards Owner Standards are as follows: 20 [OPTIONAL: Work Order Attachment 5: Division of Responsibility] Owner Responsibilities Owner-Acquired Permits, if any, are as follows: [TBD] [Other Owner duties] Contractor Responsibilities Contractor Acquired Permits, if any, are as follows: 21 EXHIBIT B Form of Change Order Change Order [#] This Change Order ("Change Order") is entered into and governed by the MASTER JOB ORDER CONTRACTING -TRADE SERVICES AGREEMENT dated [MONTH][DAY], 20[YEAR] ("Agreement") by and between City of Apache Junction ("Owner") and [INSERT NAME OF CONTRACTOR] and modifies and amends the provisions of Work Order No [#] dated [MONTH] [DAY], 20[YEAR] ("Work Order") and is effective as of the date of the last party's signature below ("Change Order Effective Date"). The parties mutually agree to make the following changes to the Work Order: 1. Date of Request: 2. Original Contract Sum: $ 3. Total previously Approved Change Order(s) Amount(s), if any: $ 4. Current Contract Sum (original + previously approved change order(s)): $ 5. Value of this Change Order, if any: $ 6. Contract Sum as revised by this Change Order: $ (❑ Actual or ❑ Estimated) Or ❑ Not Revised 7. Description of Modification to the Work: 8. Revised Schedule: Except as expressly set out herein, all terms and provisions of the Work Order, any prior Change Orders, and this Agreement remains unmodified and in full force and effect. Capitalized terms used but not defined herein shall have the respective meanings ascribed to them in this Agreement. Execution of this Change Order by both parties constitutes a binding agreement with respect to the subject matter hereof. Owner may require consent of CONTRACTOR'S surety, if any, to the terms of this Change Order. The Parties execute this Change Order by persons duly authorized as of the Change Order Effective Date set out above. CITY OF APACHE JUNCTION (Owner) [CONTRACTOR NAME] By:_ By: Name: Name: Title: Title: Date: Date: 22 CITY COUNCIL MEETING ROLL CALL Date: 7—ly 7-/ -;?-5-' Work Study Regular l-'yL Special S:7 E:$14 Z S: 1,4M E:1* S: E: CITY COUNCIL: Present Ab/excu Present Ab/excu Present Ab/excu MAYOR WILSON ✓ VICE MAYOR SCHROEDER COUNCILMEMBER CROSS COUNCILMEMBER HECK COUNCILMEMBER JOHNSON COUNCILMEMBER NESSER COUNCILMEMBER SOLLER TOTAL CITY STAFF: Present Ab/excu Present Ab/excu Present Ab/excu City Manager Bryant Powell ✓ ✓ Assistant City Manager Matt Busby ✓ Econ Director Ryan Kaup ✓ ✓ Mrkt Comm Director Kayla Fulmer Management Analyst Rob Wisler Management Analyst Eli Richardson City Clerk Evie McKinney ✓ Deputy City Clerk Amy Greening City Attorney �'�� Joel Stern I/ Public Safety Director Michael Pooley Public Safety Assistant Johnny John PtAzZ�, Dev Services Director Rudy Esquivia ✓ Dev Sery Deputy Dir Sidney Urias ✓ ✓ Building&Safety Mgr Adrian Alegria Senior Planner Kelsey Schattnik Planner Erica Hernandez Planner Nick Leftwich Water District Director Mike Loggins PW Director Ted Wolff City Engineer Emile Schmid PW Project Engineer Raquel Schatz Municipal Judge Thomas McDermott Finance Director Angelie Hawley ws: Library Director Pam Harrison -acre Park& Rec Director Liz Langenbach HR Director Anna McCray N,,4f*✓'Pd IT Director Doug Wirthgen C� ) ,e a-v-@ ✓ u„ '31 �#n Au7 I/ City Council VOTE - ROLL CALL ITEM # �/ MEETING OF MOTION BY: SECONDED BY: NOTES: -o n 5 YES NO ABSTAINED CITY COUNCIL: COUNCILMEMBER NESSER COUNCILMEMBER JOHNSON COUNCILMEMBER CROSS COUNCILMEMBER HECK ✓, COUNCILMEMBER SOLLER VICE MAYOR SCHROEDER V" MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote Sheet 2 S:/5—Templates&Forms/Vote Call—City Council City Council VOTE - ROLL CALL ITEM # /� Z 5' 3d7 MEETING OF / MOTION BY: ti` ��/� SECONDED BY: j�I 4 55P� NOTES: I�`' L4 � �'��s Cek-,jq_ 7� eX , a„o�rvy eat YES NO ABSTAINED CITY COUNCIL: COUNCILMEMBER CROSS COUNCILMEMBER SOLLER - COUNCILMEMBER HECK COUNCILMEMBER JOHNSON VICE MAYOR SCHROEDER _ - COUNCILMEMBER NESSER l� MAYOR WILSON ✓J i -TOTAL - UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL SHEET 4 S j 5—Templates&Forms/Vote Call—City Council City Council VOTE - ROLL CALL ITEM # - ° 3�3 MEETING OF 7.45, MOTION BY: SECONDED BY: NOTES: YES NO ABSTAINED CITY COUNCIL: VICE MAYOR SCHROEDER COUNCILMEMBER NESSER (� COUNCILMEMBER HECK COUNCILMEMBER SOLLER v COUNCILMEMBERJOHNSON COUNCILMEMBER CROSS MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL l SHEET 5 S:/5—Templates&Forms/Vote Call—City Council City Council VOTE - ROLL CALL ITEM # �d '?5' MEETING OF ' Zr"Z5- MOTION BY: C�ySs SECONDED BY: 4-t SS e_� NOTES: / ' 5 '/�_ P� I�Ysc1 Lw;P c, Nip • '7 S'Z L YES NO ABSTAINED CITY COUNCIL COUNCILMEMBER SOLLER VICEMAYOR SCHROEDER COUNCILMEMBER NESSER COUNCILMEMBER CROSS COUNCILMEMBER HECK '✓ COUNCILMEMBER JOHNSON !i MAYOR WILSON TOTAL / UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL SHEET 6 S:/5—Templates&Forms/Vote Call—City Council City Council G� p ORDINANCE VOTE - ROLL CALL ITEM # ' `•�� 3y / MEETING OF -7 MOTION BY: 4 t 55�-,(- SECONDED BY: d4v5r5 MOTION BY: SECONDED BY: 04 v► NOTES: P o -aoC.-e n/(;;,• YES NO EXCUSED CITY COUNCIL: COUNCILMEMBER HECK COUNCILMEMBER CROSS VICE MAYOR SCHROEDER 1, COUNCILMEMBER NESSER I/ COUNCILMEMBER JOHNSON COUNCILMEMBER SOLLER MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED 1EXCUSED YES NO EXCUSED CITY COUNCIL: COUNCILMEMBER SOLLER V COUNCILMEMBER JOHNSON VICE MAYOR SCHROEDER _ COUNCILMEMBER NESSER COUNCILMEMBER CROSS COUNCILMEMBER HECK MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED EXCUSED v S:/5—Templates&Forms/Vote Call—City Council Date: CITY OF APACHE JUNCTION REQUEST TO SPEAK FORM Please fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's Report portion of the agenda. I would like to speak on Agenda Item #: I would like to speak on a Non-Agenda matter regarding: Do you wish to speak before Council on this item? Yes i No Only If Necessary I am in favor of the proposed Item. I am opposed to the proposed Item. Fi st Name Last Name (PRINT) Address _ Crty Zip Code "76C-, -2 �'_i Telephone c ��V_� Email address This information will be used by staff for follow-up, if necessary Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: I, . as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the internet video stream showing their participation. A.R.S. : 1-602 (A)(9) Si,..- - re of Parent/Guardian Date CITY OF APACHE JUNCTION I` Mayor's Script J� Regular Meeting Tuesday, July 15, 2025 A. CALL TO ORDER I would like to call this City of Apache Junction Council Meeting of July 15, 2025, to order and ask everyone to put their cell phones on silent. B. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation will be led by & the pledge by Councilmember C. ROLL CALL Roll call D. CONSENTAGENDA As a reminder—All items under the Consent Agenda will be approved with one motion. If a Councilmember wishes to remove an item for further discussion, the request will be made prior to approving the consent agenda and will be moved to New Business. 1. Consideration of acceptance of agenda. 2. Consideration of approval of minutes of the regular meeting of July 1, 2025. 3. Consideration of approval of Map of Dedication for Blossom Rock Trail Phase 2 (SV- 22-36-13I). 4. Consideration of approval of award of contract to Public Sector Personnel Consultants, Inc., in an amount not to exceed $67,000.00, for a Classification and Compensation Study under the City of Apache Junction RFP #25-001. 5. Consideration of approval of agreements for Job Order Contracting services between the City of Apache Junction and various trade service contractors for projects ranging from $2,500.00 to $500,000.00 each, not to exceed $1,000,000.00 each year. 6. Consideration of approval of agreements for Job Order Contracting services between the City of Apache Junction and various general construction contractors for projects ranging from $500,000.00 to $5,000,000.00. 7. Consideration of approval of First Amendment to City of Apache Junction Agreement with Primary Construction Inc. for Prospector Park Drainage Improvements, extending the contract term to October 31st, 2025. 8. Consideration of approval of Resolution No. 25-21 authorizing acceptance of a DUI abatement grant from the Governor's Office of Highway Safety. 9. Consideration of approval of an agreement with the Greater Phoenix Economic Council (GPEC), retroactive to July 1, 2025, for economic development services for the term of one year (FY2025-26) in the amount of $20,392.00, and the appointment of Councilmember Bambi Johnson as the City of Apache Junction representative to the GPEC Board of Directors. 10. Consideration of approval of retroactive ratification of contract to M.R. Tanner Construction for project HFS24-21 for the drainage improvement of Palm Wash located south of 16th Avenue between Ironwood Drive and Delaware Drive in the amount of $407,928.00. 11. Consideration of approval of agreements, retroactive to July 1, 2025, for on-call engineering services between the City of Apache Junction and various consultants through June 30, 2026, in an amount not to exceed $300,000.00. Do I have a motion on the consent agenda? Wait for Motion and 2nd Roll Call E. AWARDS, PRESENTATIONS AND PROCLAMATIONS F. REGIONAL INTERGOVERNMENTAL UPDATES 12. Regional intergovernmental meeting updates from Council. G. CITY MANAGER'S REPORT 13. City Manager's Report Bryant to report 14. Announcement of Current Events. Eli to report H. PUBLIC HEARINGS 15. Consideration of application for a new Series 6 Bar liquor license for Dutchman's Country BBQ. Evie to report Any discussion among the council? council con discuss I will now open the Public Hearing. There is a 5-minute time limit, with a 1 minute warning that you will hear. Please state your name and address for the record. I will now close the public hearing and ask for a motion. Roll Call 16. Consideration of application for a permanent extension of premises for First Water Cocktail Bar. Evie to report Any discussion among the council? council con discuss I will now open the Public Hearing. There is a 5-minute time limit, with a 1 minute warning that you will hear. Please state your name and address for the record. I will now close the public hearing and ask for a motion. Roll Call 17. Presentation, discussion, and public hearing for CDBG and SSP funds. Matt to report Any discussion among the council? council can discuss I will now open the Public Hearing. There is a 5-minute time limit, with a 1 minute warning that you will hear. Please state your name and address for the record. I will now close the public hearing. NO MOTION 18. Presentation, discussion, public hearing and consideration of Resolution No. 25-22. Nicholas to report Any discussion among the council? council con discuss I will now open the Public Hearing. There is a 5-minute time limit, with a 1 minute warning that you will hear. Please state your name and address for the record. I will now close the public hearing and ask for a motion. Roll Call 19. Presentation, discussion, public hearing and consideration of Ordinance No. 1565. Nicholas to report Any discussion among the council? council can discuss I will now open the Public Hearing. There is a 5-minute time limit, with a 1 minute warning that you will hear. Please state your name and address for the record. I will now close the public hearing and ask for a motion. Roll Call Wait for Clerk to read Ordinance by title only Do I have the second motion to adopt Ordinance No. 1565? Roll Call I. OLD BUSINESS J. NEW BUSINESS K. COUNCIL DIRECTION TO STAFF L. SELECTION OF MEETING DATES, TIMES, LOCATIONS AND PURPOSES M. CALL TO PUBLIC I would like to remind everyone that the Call to the Public is a courtesy and not required by law. It is a time for the public to express requests, communications, comments and suggestions. Request to speak forms must be completed and handed to the city clerk before the end of the city manager's report. All issues shall be presented in a professional manner without personal attacks. Under the open meeting law the COUNCIL CANNOT ENGAGE IN DISCUSSION on the issues presented, but may respond to criticism and may direct staff to follow up with the speaker directly and/or place this matter on a future agenda for council discussion. There is a three-minute limit for each speaker. Does Council have any requests of staff to follow up on? N. ADJOURNMENT— I adjourn this meeting.