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HomeMy WebLinkAbout2024 09.16 City Council Work Session 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 Work Session 85119 apachejunctionaz.gov Ph:(480)982-8002 Doors are open to the public at least 15 minutes prior to the posted meeting start time. Monday, September 16,2024 7:00 PM City Council Chambers A. CALL TO ORDER B. ROLL CALL C. AGENDA ITEMS 1. 24-617 Presentation and discussion with representatives from the Apache Junction Homeless Coalition. Sponsors: Peter Heck Attachments: Apache Junction Homeless Coalition Impact presentation FINAI 2. 24-741 Presentation and discussion of approval of award of contract to J2 Engineering and Environmental Design LLC for Phase 1 and Phase 2 Rodeo Ground Event Center Design/Post-Design in an amount not to exceed $693,859.84, which includes an owner allowance for unforeseen needs. Sponsors. Liz Langenbach Attachments: Memo City Council-J2 Design Contract Phase 12 J2 Contract Rodeo Phase One and Two Draft Rodeo Event Center-J2 Design Contract-PRESENTATION 3. 24-742 Presentation and discussion on award of bid for P&R SSP 2024-004 Drainage and ADA Crossing Improvements at Superstition Shadows Park to Scholz Contracting, LLC in an amount not to exceed $292,820 plus a 5% contingency of$14,641 for a total amount of$307,461. Sponsors: Dave Butler Attachments: Staff Memo-Scholz Contracting LLC Award of Bid-SSP Drain Construction Agreement Scholz Contracting SSP Draft SSP ADA CROSSING-SCHOLZ CONTRACT-PRESENTATII City of Apache Junction,Arizona Page 1 Printed on 911212024 City Council Work Session Agenda September 16,2024 4. 24-745 Presentation and discussion on procurement of a training simulator for AJPD from Virtra in an amount not to exceed $341,912.98. Sponsors: Michael Pooley Attachments: Memo-CC signed Virtra VirTra Quote 9396 Apache Junction AZ Police VirTra V-300 SY 5. 24-749 Presentation and discussion on the Home Sweet Home program, which will offer free house plans for Apache Junction residents. Sponsors. Sidney Urias Attachments: Home Sweet Home Staff Memo.pdf Home Sweet Home(9.16.24 CC) 6. 24-475 Presentation and discussion on purpose of Health & Human Services commission. Sponsors: Jennifer Pena Attachments: 2024 HHSC Purpose-cc09-16-2024 D. 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 2 Printed on 911212024 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard _+ Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 1. '+'Piz File ID: 24-617 Sponsor: Peter Heck Agenda Date: 9/16/2024 Index: In Control: City Council Work Session Presentation and discussion with representatives from the Apache Junction Homeless Coalition. City of Apache Junction,Arizona Page 1 Printed on 911212024 Apache Junction Homeless Coalition Housing and Community Impact Agenda 1 . Introduction 2. Housing Types and Coordinated Entry Definitions 3. Initiatives and Impact Results from 2023 4. Collaborative Agencies and Services 5. Strategic Plan and Goals 6. Closing 2 Introduct'i* on r t The mission of the Apache Junction Homeless Coalition through the Strategic Plan for Homelessness is to create a collaborative network of quality resources and services to assist the homeless and at-risk residents of Apache Junction. _ J r 3 Hous 'i* ng and Background lnformat*ion Arizona Housings stem Housing First Model The housing system in Arizona is A homeless assistance approach that complex and diverse, focused on prioritizes providing permanent housing housing chronically homeless to people experiencing homelessness, individuals with disabilities as a without requiring individuals to address top priority. This system has many or to participate in treatment programs, doors to gain opportunities for to gain sobriety and/or to graduate housing stability. It can provide through a series of services before opportunities and treatment to receiving housing. obtain the skillsets needed to maintain long term housing in the community, otherwise known as Permanent Supportive Housing. 4 Housing Types 14 • • • upportive housing links decent, safe, affordable, community-based housing ith flexible, voluntary support services designed to help the individual or amily stay housed and live a more productive life in the community. There is no time limitation, and tenants may live in their homes as long as they meet the basic obligations of tenancy. While participation in services is encouraged, it is not a condition of living in the housing. ousing affordability is ensured either through a rent subsidy or by setting rent prices at affordable levels. Options for PSH Low Income Apartments HUD Section 8 Housing Choice Vouchers LITCH- Low Income Tax Credit Housing Properties (HAMC) Section 202 Senior Housing Area Rentals Bridge to Permanency rental subsidy Program No Income Property Programs Scattered Sites (BH) Chronically Homeless Voucher Program (Coordinated Entry) HUD-VASH Program (Veterans Only) wa:ns to Ap ;-' Individuals and families can apply for vouchers through: Their local HUD offices. Coordinated Entry Systems Department of Economic Security VA Offices Behavioral Health Clinic Staff Department of Child Safety HOM Inc TBRA and Tenant Based Rental Assistance Rapid Re-Housing Tenant-based rental assistance (TBRA) is a rental subsidy that Rapid re-housing is an intervention, informed by a Housing Participating Jurisdictions (PJs) can use to help individual households First approach that is a critical part of a community's effective afford housing costs such as rent and security deposits. PJs may also homeless crisis response system. Rapid re-housing rapidly assist tenants with utility deposits but only when HOME is also used for rental assistance or security deposits. connects families and individuals experiencing homelessness to permanent housing through a tailored package of assistance TBRA programs differ from other types of HOME rental housing activities that may include the use of time-limited financial assistance in three key-ways: and targeted supportive services. Rapid rehousing programs • TBRA programs help individual households, rather than subsidizing help families and individuals living on the streets or in particular rental projects. emergency shelters solve the practical and immediate TBRA assistance moves with the tenant—if the household no longer challenges to obtaining permanent housing while reducing the • wishes to rent a particular unit, the household may take its TBRA and amount of time they experience homelessness, avoiding a near- move to another rental property. term return to homelessness, and linking to community resources that enable them to achieve housing stability in the • The level of TBRA subsidy varies—the level of subsidy is based upon long-term. Rapid re-housing is an important component of a the income of the household, the particular unit the household selects, and the PJ's rent standard (rather than being tied to the PJ's community's response to homelessness. A fundamental goal of high and low HOME rents). rapid rehousing is to reduce the amount of time a person is homeless 9 Coord *Inated Entry System • A process developed to ensure that all people experiencing a housing crisis have fair and equal access and are quickly identified, assessed for, referred, and connected to housing and assistance based on their strengths and needs. • The Coordinated Entry System (CES) facilitates the coordination and management of resources and services through the crisis response system. CES allows users to efficiently and effectively connect people to interventions that aim to rapidly resolve their housing crisis. 10 Initiatives and Impact Results from 2023 S p e ci al Initi a ti v e s SOCK IT TO HEAT RELIEF FOOD BANK DAILY MEALS SHOWER PROJECT POVERTY DRIVE DRIVES VOUCHERS CONNECT MTM ' M . low 2023 Impact ■ Impact Snacks Provided 5,495 Pets Served 1 28 Individual Bottles of Water 57,838 Cases of water to other agencies ■ 2,353 Heat Relief Items M 4,506 Shower Vouchers ■ 1,941 Sock It to Poverty 1 545 pairs Total meals (14% increase) 101,115 Food Bank Drives 1 3.2 Hygiene Products Provided 1 572 0 20000 40000 60000 80000 100000 120000 3/2022-10/2023 AJ Resource Center Impact Total =262 ■ Impact Community Referrals 86 Hospital/House Hunting 11 Social Security Debit Card replacements M 3 Car Registration Tags ■ 2 Marrriage Certificates 11 Eyeglasses M 3 Social Security Cards ■ 2 Birth Certificates 32 Out of State Driver's License M 3 Identification Cards 120 0 20 40 60 80 100 120 140 Ow I m pact JAI AJ Community Agency funded County Balance of State funded i 0 1 2 3 4 6 7 ■ Impact • I ' I I OUTREACH SERVICES AJ Coalition Community Agency funded County Coalition Balance of State funded 0 10 20 30 40 50 60 70 County Coalition Balance of State funded AJ Coalition Community Agency funded ■ Landlord referral 2 18 ■VI-SPDAT 23 0 ■Screenings 34 62 In our community, we have services, programs, and resources from various organizations to help provide quality life for our folks in need. The Apache Junction Coalition, Local Resources, and Statewide Resources are trying to join together to help. . . I can share with you that for myself this experience was the best experience I have ever had in 20 years of real estate! I hope to be able to share this story with our AJ community and the city council to show the folks who don't know about these programs and to allow more folks to get the help they need. Apache Junction has a lot to offer if we can all come together with solutions and ways to better ourselves. -Cami Garcia Owner/Broker of Western Lifestyle Realty Apache Junction Resident 17 The coalition played a crucial role in helping me secure housing by providing support, resources, and guidance throughout the process. They connected me with housing agencies and organizations that specialize in assisting individuals in finding affordable housing options. Additionally, they helped me navigate the application process, understand my rights as a tenant, and provided emotional support during what can be a stressful and overwhelming experience. Overall, the coalition's assistance was instrumental in helping me find stable and safe housing. -Terri and Paul 18 Point In Time ( PIT ) Count The Point in Time Count is an annual, 2023 unduplicated count of the people COUNLY City u or Households experiencing literal homelessness on a single Pinal Apache Junction u3 night in January. HUD (Housing and Urban Pinal Arizona City 2 Pinal Casa Grande 88 Development) defines literal homelessness as Pinal Coolidge living in a place not meant for human Pinal Elo habitation, emergency shelter, or some Pinal Oracle 1 transitional housing programs. Pinal Toltec 1 ltIJ 2022 Luunty aty # of Households Pinal Apache Junction Pinal Arizona City _ *The reported number is those individuals that were Pinal Casa Grande : willing to complete the survey. This does not include NMI Coolidge individuals identified that refused the survey. Pinal Eloy Pinal Maricopa _ 1 19 Collaborative Agencies and '0 Services Commun *lty Partner A envies ❖ Molina Healthcare of Arizona ❖ Genesis Project ❖DES ❖ Horizon Health and Wellness Outreach AJ Public Library -.*-Human Services Commission ❖ AJ Parks and Rec ❖ Second Chance Ministries -.*-Empowerment Systems ❖ A New Leaf's CAAFA ❖ Superstition Food Bank ❖Church of Jesus Christ of LDS ❖ A New Leaf's RRH and TBRA Program Otherside Ministries ❖ CAHRA ❖ AJ Park Rangers ❖ By Name List Case Manager AJ Police Department Housing Locator ♦ �:�Desert Chapel UMC The Salvation Army ❖ •'• NCHP •'• Begin Again Homes, Inc. ❖❖ Apache Junction Unified School District Head Start ❖❖ Apache Junction Health & Human Services Superstition Fire and MedicalDepartment ❖ Freshen Up Mobile Cleaning ❖ Hope Women's Center •'• LaFrontera-Em pact 21 How Community Partner Ag Unshelteredin AJ ❖ Medicaid MCO ❖ Referrals to services ❖ Homeless Outreach ❖ Crisis Response ❖ Domestic/Sexual Violence Support ❖ McKinney-Vento Student Liaison ❖ Food boxes to help meet the food needs ❖ Liaison between AJ City Council and of the community nonprofits agencies ❖ Heat Relief cooling and charging station ❖ Potential work & hiring opportunities for ❖ TBRA/RRH Housing unsheltered workers ❖ Behavioral Health services for youth & ❖ Landlord Liaison adults ❖ Community Feast •'• Housing specialist for clients ❖ Free Clothing Closet •'• Homeless Outreach Team ❖ Rehabilitative Housing model for those .•. Snack Bags wishing to change their unsheltered status ❖ Homeless Outreach Liaison for AJ Parks ❖ Emergency Shelter and Recs 22 Strategic Plan and Goals Apache Junction Strategic Plan on Homelessness Housing Ensure every person has access to Policy affordable housing by: Employment 1.Encouraging alternate housing Look at ways local policy can make options; Assist the homeless on their search for change in the lives of the homeless gainful employment by: and at risk b 2.Establishing rehabilitation programs 1.Educating local businesses; y- for rental properties; ' 1. Establishingprogram policies; 3.Providing temporary 2_Supporting Arizona @)Work; p g p g porary emergency 2. Provide policy education and shelter; 3-Providing employment opportunities; unification-,and 4.Creating a shared housing program; 4. Creating employment programs;and 3. Revise policies to decriminalize S.Promoting the eviction prevention S.Addressing basic needs such as clean homelessness. program;and clothes,showers,identification,and a 6.Educating people on soft•.Rills to mailing address. Outreach promote healthy living. Achieve voluntary compliance by identifying and connecting specific Collaboration needs to resources by: Create a bridge to agencies, 1. Distributing resource systems, and the community by: information; 1. Developing and maintaining a 2. Educating the business comprehensive resource guide; community; and 2. Establishing and nurturing 3. Working with established partnerships with area agencies. outreach teams through area agencies. The mission of the Apache Junction Homeless Coalition through the Strategic Plan for Homelessness is to create a collaborative network of quality resources and services to assist the homeless and at risk residents of Apache Junction. 24 Goals utreach- Align with Pinal County Coalition to End Homelessness to reate shared housing screening tool for seniors Housing- Bring in speakers on different shelter model types and educate landlords and property managers on programs. olicy- Continue to create an educational series and data collection for ommunity. ollaboration- Continue to build and update coaon resource guide mployment- Create collaborative flyers and resources to educate ommunity and find employers willing to work with unsheltered population to gain financial stability. Goals ( Cont . ) Agency . • CommunityOpportunities Expansion of Building diverse Coordinated shelter solutions 26 Entry screening and agencies within opportunities Apache Junction Benefits Food drive, Sock Enrollment, and clothing Coordinate drives, Heat Entry Screenings Relief efforts. from approved agencies Summary The Apache Junction Coalition to End As a collaborative within its membership, the Homelessness works with the Pinal County coalition assists with early intervention of Coalition to End Homelessness (PCCEH) to community members that may be at risk of losing their housing. Helping with utilities, identify and screen unsheltered individuals for food insecurities, clothing needs and hygiene potential housing opportunities. They are some of the ways the coalition can cover accomplish this with a rental subsidy or rental the basic needs of our community. units in the community through outreach and landlord engagement efforts. The Coalition's end goal is to bring homelessness in Apache Junction to Meeting the needs of the unsheltered functional zero. individuals includes food, water, clothing, benefits enrollment, identification support, and safe spaces and opportunities to engage with providers for behavioral health services or medical needs. 27 Thank y Thanks to your commitment and strong partnership support, we know this year will have a greater impact than the last. We look forward to working together to end homelessness in our community. Apache Junction Homeless Coalition To join the coalition email Trinity Frey tri n ity_cole@LIVE.COM 28 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.2. '+PizoN* File ID: 24-741 Sponsor: Liz Langenbach Agenda Date: 9/16/2024 Index: In Control: City Council Work Session Presentation and discussion of approval of award of contract to J2 Engineering and Environmental Design LLC for Phase 1 and Phase 2 Rodeo Ground Event Center Design/Post-Design in an amount not to exceed $693,859.84, which includes an owner allowance for unforeseen needs. City of Apache Junction,Arizona Page 1 Printed on 911212024 City of Apache Junction 7f Home of the Superstition Mountains DATE: September 16, 2024 TO: Mayor and City Council THROUGH: Bryant Powell, City Manager Matt Busby, Assistant City Manager FROM: Liz Langenbach, Parks & Recreation Director David Butler, Parks Superintendent SUBJECT: Rodeo Grounds Design Contract- J2 Engineering & Design Since purchasing the rodeo grounds in June 2023, the Parks and Recreation department has worked to update the master plan for the property. J2 Engineering & Design ("J2") was contracted by the city to solicit public feedback, conduct stakeholder meetings, and draft an update to the original plan. This plan was shared at several public meetings and adopted by city council on May, 21, 2024. The estimated probable cost is approximately $23,000,000 and broken down into three recommended phases. These phases were identified to 1) allow for incremental growth in events and activities as funds become available, 2) allow for construction to take place without interrupting other future phases and 3) avoid impacting major events such as Lost Dutchman Days Rodeo & Carnival. Within the city's FY24/25 budget, $1,100,000 was set aside to begin design of the first phases of the project, and construction of some of the initial amenities. J2 has been selected as the architect for this project due to their familiarity with the project, and experience throughout the state on rodeo facility projects. Staff are recommending award of contract to J2 for Phase 1 & 2 Design and Phase 1 post-design in an amount not to exceed $693,859.84 which includes a 5%contingency for unforeseen design needs. This will be discussed at a council work session and brought back two weeks later for final consideration. DESIGN AND PREPARATION OF CONSTRUCTION DOCUMENTS FOR RODEO AND EVENT CENTER MASTER PLAN PHASE ONE AND TWO AGREEMENT WITH J2 ENGINEERING AND ENVIRONMENTAL DESIGN THIS AGREEMENT is made as of the 2 day of October 2024 (the "Effective Date") by and between the CITY OF APACHE JUNCTION, an Arizona municipal corporation ("City"), and J2 ENGINEERING AND ENVIRONMENTAL DESIGN, a Arizona limited liability company, ("Consultant") both of which may be hereinafter referred to collectively as the "Parties" or individually as "Party". RECITALS A. City desires to retain a consultant to design and prepare construction documents for Phase one and two of the Rodeo and Event Center Master Plan 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 to the extent they apply. 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 of Six Hundred Sixty Thousand Eight Hundred Eighteen Dollars and Ninety Cents ($660,818.90) in accordance with the price sheet set forth in Exhibit A except for changes authorized by properly executed change orders (contingency), which shall not exceed an additional 5% of the Contract Sum, in the amount of Thirty Three Thousand Forty Dollars and Ninety Four Cents ($33,040.94) for a total of Six Hundred Ninety Three Thousand Eight Hundred Fifty Nine Dollars and Eighty Four Cents ($693,859.84). 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. 4. TERM/RENEWAL: The term of this Agreement starts on October 2, 2024 and ends on June 30, 2026, unless otherwise terminated as set forth herein. Following the initial term, the Parties may not 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 a 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: City of Apache Junction David Butler, Parks Superintendent 300 East Superstition Boulevard Apache Junction, AZ 85119 If to Consultant: J2 Engineering and Environmental Design Kurt Montei, Landscape Architect 4649 East Cotton Gin Loop Suite B2 Phoenix, AZ 85040 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 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. 2 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 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 3 B, 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. By execution of this Agreement, Consultant certifies as follows: "I am aware and understand the provisions of A.R.S. § 23-901 etseq. 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 4 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 Insurance 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. 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 5 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 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 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. 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, 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. 6 11. TERMINATION: This Agreement may be terminated by either Party for any reason upon thirty (30) calendar 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 willful 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. 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 7 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. 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, 8 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 274B 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. 21. SUCCESSORS, ASSIGNMENT AND 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. 22. 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 9 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. 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. 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, 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 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. 10 IN WITNESS WHEREOF, Consultant and City have executed this Agreement as of the date first set forth above. CONSULTANT: J2 Engineering and Environmental Design, an Arizona limited liability company By: Aaron Allan Its: Principal CITY: CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: Walter "Chip" Wilson Its: Mayor ATTEST: Jennifer Pena, City Clerk APPROVED AS TO FORM: R. Joel Stern, City Attorney 11 EXHIBIT A SCOPE OF WORK S,J J2 Engineering and Environmental Design,LLC 14649 E.Cotton Gin Loop,Suite B2 Phoenix,AZ 85040 1602.438.22211 www.j2design.us September 10,2024 David Butler Parks Superintendent I City of Apache Junction 1001 North Idaho Road Apache Junction,Arizona 85119 Re: Rodeo and Event Center-Phase 1 and Phase 2 Mr.Butler, J2 Engineering and Environmental Design,LLC (J2 Design) is pleased to be selected to provide to the City of Apache Junction(CoAJ) professional landscape architectural design services for the Rodeo and Event Center Phase 1. We have developed our scope and fees based on our phone conversations and virtual meetings with you and City staff. J2 will serve as the prime consultant for the project providing landscape architecture services. Project Understanding: Within the Phase 1 portion of this project the COAJ plans to provide ADA parking,a vendor walk,covered stalls,40'x94'shade structure, RV parking with hookups,an overhead entry feature, drainage improvements,and update the utilities at the Rodeo and Event Center.Phase 2 will include bleachers, announcer's booth,livestock holding pen reconfiguration,warm-up&main arena footing mix,check-in/first-aid building,cell tower and screen wall,and maintenance yard with maintenance/show office building at the Rodeo and Event Center located in the Northwest corner of East Lost Dutchman Boulevard and North Tomahawk Road. Our Not to Exceed fee for the project (see attached scope of services and fee schedule) (See attached Phase 1 and Phase 2 scope of services and fee schedules) is as follow: Phase 1-Design Fee: J2 Design: $143,130.00 CRS: (Survey) $10,230.00 ETHOS Engineering (Geotechnical): $13,627.90 Wright Engineering (Electrical): $29,400.00 Structural Engineering Allowance: $10,000.00 City of Apache Junction Owner's Allowance: $10,000.00 Phase 1-Total Design Fee: $216,387.90 Phase 1-Post-Design Fee: J2 Design $43,057.00 Wright Engineering Phase 1 and lA combined $7,450.00 Structural Engineering Allowance $5,000.00 Phase 1-Total Post-Design Fee: $55,507.00 Phase 1 -Total Design and Post-Design Fee: $271,894.90 S,J J2 Engineering and Environmental Design,LLC 14649 E.Cotton Gin Loop,Suite B2 Phoenix,AZ 85040 1602.438.22211 www.j2design.us Phase 2-Design Fee: J2 Design: $106,924.00 DFDG Architecture: $244,880.00 Wright Engineering: $17,120.00 Structural Engineering Allowance: $10,000.00 City of Apache Junction Owner's Allowance: $10,000.00 Phase 2-Total Design Fee: $388,924.00 Phase 1 and Phase 2 - Total Fee: $660,818.90 We thank you for the continued opportunity to be of service to the City of Apache Junction for this project. We are prepared to begin work immediately upon notice to proceed. Please do not hesitate to call with any questions. Sincerely, Kurt Montei,PLA,ASLA Landscape Architect kmontei@j2design.us (p) 602.438.2221 x106 J2 Engineering and Environmental Design,LLC 14649 E.Cotton Gin Loop,Suite B2 Phoenix,AZ 85040 1602.438.22211 www.j2design.us Rodeo and Event Center -Phase 1 Design and Post Design Services The following scope and fee is for the Phase 1 design elements and post design services as stated in the project understanding of the cover letter. S'J J2 Engineering and Environmental Design,LLC 14649 E.Cotton Gin Loop,Suite B2 Phoenix,AZ 85040 1602.438.22211 www.j2design.us PROJECT SCOPE OF WORK TASK 100:DATA COLLECTION PURPOSE: J2 will establish design and review schedule and project goals and objectives with the CoAJ. A site visit will be conducted by J2 and the CoAJ to review the existing conditions and limits of work. METHOD: 1. Data / Information Gather and review Existing Data for project context,including reports and studies. • Items Gathered by J2 Design: o Aerial Image o Plat Maps • Items Gathered and Printed/Digital File provided to J2 by CoAJ: o Drainage Studies o Existing Improvement Plans o Environmental Studies/Reports 2. Site Background and Base Information Compile and prepare project Site Background and Base Information from site survey. 3. Assessment/ Inventory Existing Site Conditions o Topography o Slope o Lighting o Existing Irrigation System o Drainage/ Run off Patterns o Existing Utilities and Easements PRODUCTS: 1. Project Schedule 2. Project Base Map MEETINGS: 1. Kick-off Meeting / Site Visit with J2 and CoAJ.J2 will have two (2) staff members at this meeting; the meeting is estimated to be no longer than three (3) hours total. J2 will be responsible for the meeting agenda and any meeting notes. TASK 200:30%CONCEPTUAL DESIGN DEVELOPMENT PURPOSE: Develop and prepare conceptual design documents created in AutoCAD at a scale equivalent to 1" = 20' (24"x36"Full Size) to a 30% level of design construction plans, details,and associated opinion of probable cost. Prepare and electronically submit 30% design plans and details to CoAJ for distribution and review. S'J J2 Engineering and Environmental Design,LLC 14649 E.Cotton Gin Loop,Suite B2 Phoenix,AZ 85040 1602.438.2221 I www.j2design.us SHEET COUNT(TOTAL 30 SHEETS): 1. Overall Project Cover Sheet(1 Sheet) 2. Site Plan (1 Sheet) 3. Demolition Plans (1 Sheet) 4. Plant Inventory Plans (1 Sheet) 5. On-Site Grading and Drainage Plans and Details (5 Sheets) 6. Coordinate Geometry Plans and Tables (4 Sheets) 7. Water Plans and Details (4 Sheets) 8. Hardscape Plans and Details (6 Sheets) 9. Landscape Plans and Details (3 Sheets) 10. Irrigation Plans and Details (4 Sheets) 11. Electrical Plans and Details (by J2 Sub-consultant) METHOD: 1. Develop and prepare 30%construction plans and details. 2. 30%Opinion of Probable Cost 3. 30%Project Specifications 4. QA/QC Process 5. Provide a digital submittal of 30%Schematic Design construction documents to CoAJ for review and comments. 6. Attend Team design coordination meeting (1) 7. Attend Comment Resolution Meeting (1) PRODUCTS: 1. 30%Design Development Plans 2. 30%Project Specifications 3. 30%Opinion of Probable Cost MEETINGS: 1. Design Coordination Meeting with City of Apache Junction at the Parks Departments office.J2 will have two (2) staff members at this meeting;the meeting is estimated to be no longer than three (3) hours total. J2 will be responsible for the meeting agenda and any meeting notes, one (1) hour total. 2. Comment Resolution Meeting with City of Apache Junction at the Parks Department office to review and provide responses to any comments received on the J2 portion of the project plan submittal.J2 will have two (2) staff members at this meeting;the meeting is estimated to be no longer than three (3) hours total. S'J J2 Engineering and Environmental Design,LLC 14649 E.Cotton Gin Loop,Suite B2 Phoenix,AZ 85040 1602.438.22211 www.j2design.us TASK 300:60%DESIGN DEVELOPMENT PURPOSE: Develop and prepare design documents created in AutoCAD at a scale equivalent to 1" = 20' (24"x36"Full Size) to a 60% level of design construction plans,details,and associated opinion of probable cost. Prepare and electronically submit 60%design plans and details to CoAJ for distribution and review. SHEET COUNT(TOTAL 30 SHEETS): 1. Overall Project Cover Sheet (1 Sheet) 2. Site Plan (1 Sheet) 3. Demolition Plans (1 Sheet) 4. Plant Inventory Plans (1 Sheet) 5. On-Site Grading and Drainage Plans and Details (5 Sheets) 6. Coordinate Geometry Plans and Tables (4 Sheets) 7. Water Plans and Details (4 Sheets) 8. Hardscape Plans and Details (6 Sheets) 9. Landscape Plans and Details (3 Sheets) 10. Irrigation Plans and Details (4 Sheets) 11. Electrical Plans and Details (by J2 Sub-consultant) METHOD: 1. Develop and prepare 60%construction plans and details. 2. 60%Opinion of Probable Cost 3. 60%Project Specifications 4. Develop Draft Drainage Memo 5. QA/QC Process 6. Provide a digital submittal of 60%Schematic Design construction documents to CoAJ for review and comments. 7. Attend Team design coordination meeting (1) 8. Attend Comment Resolution Meeting (1) PRODUCTS: 1. 60%Design Development Plans 2. 60%Project Specifications 3. 60%Opinion of Probable Cost 4. Draft Drainage Memo MEETINGS: 1. Design Coordination Meeting with City of Apache Junction at the Parks Departments office.J2 will have two (2) staff members at this meeting;the meeting is estimated to be no longer than three (3) hours total. J2 will be responsible for the meeting agenda and any meeting notes, one (1) hour total. S'J J2 Engineering and Environmental Design,LLC 14649 E.Cotton Gin Loop,Suite B2 Phoenix,AZ 85040 1602.438.22211 www.j2design.us 2. Comment Resolution Meeting with City of Apache Junction at the Parks Department office to review and provide responses to any comments received on the J2 portion of the project plan submittal.J2 will have two (2) staff members at this meeting;the meeting is estimated to be no longer than three (3) hours total. TASK 400:90%PRE-FINAL CONSTRUCTION DOCUMENTS PURPOSE: To provide 90% Pre-Final construction documents.The 90%Pre-Final construction to a 90%level of design construction plans,details,and associated opinion of probable cost. After receiving comments from CoAJ on the 60%construction documents,J2 will prepare and electronically submit 90%design plans and details to CoAJ for distribution and review. METHOD: 1. Develop and prepare 90%Pre-Final construction plans and details. 2. 90%Opinion of Probable Cost 3. 90% Project Specifications 4. Final Drainage Memo 5. QA/QC Process 6. Provide a digital submittal of 90%Final-Sealed construction documents to CoAJ for review and comments. PRODUCTS: 1. 90%Design Pre-Final Development Plans 2. 90%Opinion of Probable Cost 3. 90%Project Specifications 4. Final Drainage Memo MEETINGS: 1. Design Coordination Meeting with City of Apache Junction at the Parks Departments office.J2 will have two (2) staff members at this meeting;the meeting is estimated to be no longer than three (3) hours total. J2 will be responsible for the meeting agenda and any meeting notes, one (1) hour total. 2. Comment Resolution Meeting with City of Apache Junction at the Parks Department office to review and provide responses to any comments received on the J2 portion of the project plan submittal.J2 will have two (2) staff members at this meeting;the meeting is estimated to be no longer than three (3) hours total. TASK 500:100%FINAL CONSTRUCTION DOCUMENTS PURPOSE: To provide 100% Final-Sealed construction documents.The 100%Final-Sealed construction documents will be sealed by an Arizona Registered Professional suitable SJ J2 Engineering and Environmental Design,LLC 14649 E.Cotton Gin Loop,Suite B2 Phoenix,AZ 85040 1602.438.22211 www.j2design.us for public works.After receiving comments from CoAJ on the 90%Pre-Final construction documents,J2 will develop 100%Final-Sealed construction documents for construction by the City's selected Contractor. METHOD: 1. Develop and prepare 100%Final-Sealed construction plans and details. 2. 100%Opinion of Probable Cost and Bid Schedule 3. 100%Project Specifications 4. QA/QC Process 5. Provide a digital submittal of 100%Final-Sealed construction documents to City of Apache Junction to bid. PRODUCTS: 1. 100% Final-Sealed construction documents and submit electronically one (1) 24"x36"Full Size and (1) one 11"x17"Half Size set in each format (pdf&dwg) for distribution to the City. 2. 100%Opinion of Probable Cost and Bid Schedule 3. 100% Project Specifications MEETINGS: 1. Design Coordination Meeting with City of Apache Junction at the Parks Departments office.J2 will have two (2) staff members at this meeting;the meeting is estimated to be no longer than three (3) hours total. J2 will be responsible for the meeting agenda and any meeting notes,one (1) hour total. S-4 J2 Engineering and Environmental Design,LLC 14649 E.Cotton Gin Loop,Suite B2 Phoenix,AZ 85040 1602.438.22211 www.j2design.us TASK 600:POST DESIGN SERVICES PURPOSE: J2 has included limited post design services to assist the Contractor and City with construction of the Rodeo and Event Center Phase 1. Complete Construction Management Services are not included in this scope;it is anticipated that the Contractor and City will serve as the construction management leads on the construction phase services. The following scope items are included. METHOD: 1. Shop Drawing/Submittal Reviews-J2 staff will review shop drawings. J2 anticipates approximately 20 shop submittals to be reviewed,including resubmittals.J2 will coordinate Shop Submittals with Design Team sub-consultants. 2. J2 will respond to RFI's (requests for information) and will coordinate RFI's with Design Team sub- consultants,J2 will also issue ASI's (architect's supplemental instructions)as needed to clarify design intent where required. 3. J2 will participate in a Preliminary Punch List Walk and Final Punch List Walk to review construction with City and Contractor.J2 will issue a written list of items to complete at the end of each walk. 4. J2 will participate in one (1) tree tagging session to select trees for the project.Nursery locations shall be within a 90-mile radius.Session is anticipated to be an 8-hour activity including travel time. MEETINGS: 1. Bi-weekly Construction Meetings:This meeting (twice a month) is anticipated to be three (3) hours in duration including travel time,and will be hosted and managed by the CMAR on-site. J2 will have one (1) representative at these meetings.J2 is anticipating a 12-month construction timeframe (24 meetings). 2. Additional Construction Site Meetings (6):J2 will attend 4 additional site meetings to inspect or clarify items,as requested by City. Meetings are anticipated to be three (3) hours in duration including travel time,and J2 will have one (1) staff member in attendance. DELIVERABLES: 1. As-built drawings:J2 will provide one (1) set of record as-built drawings in CAD and PDF format upon project completion.CMAR and City will be responsible to track all redline changes for incorporation. DESIGN ALLOWANCES The following allowances may only be utilized if authorized in advance by the City. These allowances will not be authorized until a full modified scope is known and may need to be increased if the required scope exceeds the established allowance amount. The following allowances have been established for this project: Apache Junction Owner's Allowance: An allowance has been established to complete additional design phase tasks or elements on the project or to cover unforeseen site development requirements. Design J2 Engineering and Environmental Design,LLC 14649 E.Cotton Gin Loop,Suite 82 Phoenix,AZ 85040 1602.438.22211 www•j2design.us EXHIBIT OF PROJECT AREA: © The Process Phasing Plan •'@;These three phases represent the suggested • �� • starting points for the f • • Rodeo and Event Center • _ •',j 40 project.Nevertheless, the City Staff and Council will consider the vn Pn--^2.ana 3 are , ",J�;� , i0r „��'�,.',' nalinUuaeawnnlr. '°'+' • M available funding and in15 Scope a!Wo, ' r the requirements of the 4, „,,,,,,, •, �d f • 4 facility,the City might 00 aft consider prioritizing these O • stages and seize the.: �, • ., •. chance to break them 1_17 s ` down into several smaller .q y phases. • • ' O I+.cn R..1 . rr.•rr, - • 0 r....n...w. r,• •�f or •J• i o�nsw w... � • oo .... -` em�' nep.a Iewpvw.ml � sw lioo Sim) � •a Ica) fVv`•c000 c.onl 14V..cw s.w.) .,.u,e.a•,.h cae v) rw ♦pocM luncnon 4eo•o m+a Wmc C.nc.. J—2o2.1 JI THE FOLLOWING TASKS ARE NOT INCLUDED IN THIS SCOPE OF SERVICES: 1. SWPPP Plans (Contractor Responsibility) 2. Utility Relocations and/or extensions 3. Utility Potholing 4. Drainage Analysis and/or report development 5. 404 Permitting 6. 408 documentation or permitting 7. Environmental,Cultural or Biological Site Assessments (EAS) 8. Reproduction of Bid Sets 9. Public Meeting,Public Involvement and Public Notice(s) 10. Water Features 11. Signage or Wayfinding Design 12. Re-platting or rezoning efforts 13. Permitting processes through any State agencies 14. Permitting fees 15. Construction sequencing or traffic control plans 16. Below grade or submerged irrigation storage system or a booster pump Rodeo and Event Center Phase t cnv^raP=m. n l D Jx Enpinee,l.g anb Envlmn...men La eflgry LLL vxs/zou x,bo.c,..aory ..w Pnem. ' n9n.. Is, ecvlu°,ing(4n Waitp9eM Cn tl mml onI(APnppv eah) so 40 Is Ir� so Ei cpl.l.n.l rabod.c.¢ s9pwOmn.nx pNpCP i9 Ildr"p Mlnuttx wa a. wa�n...l.p•... a. onv(nppw306pxtr) 0%SgcXlmlb so s IMHPII .Inega,nem. 0 eaccvmw.x m+s,���,m,M..u,a eelnBaum.rex (.ppm.m9n..m( u w opbaw.mmcon 4. eo%sp.GrK.n..x -- Pupin�m,.s•wi•m. 4. eao P,— o"le,o—P,uwtlyam Wet,mi- - _ 0 4. b-(APWllMShI ) • RU loox .m91a e9umPm 548 on%9pww.n.w oNac PP—. R—c—em: Paeprumefvuevryym.ei m..s.nmmmegmL: S 41x2W I6.OP9 91]]3d0 5 W ! $99to, f 3g9R0] E ]9 0 5 LLu1anm iu.y•K xE Lo.x MM ..n,g(awmrnmc.p f oQ2— iexulfee ySuhmrwulmnh, Ml— .1 x. nvx.ero E%wse: $ ms lao vniener.oi,®,ma(a..ul.A — — _ — .fas.mo.00 s�bmrvllmL.: 46316)9a &..� eaeaHmmo.nWnwkn�m nawWw org—,'a sL000aw pPw,aunpbn PunefPnllexnew SIg000.00 pugux[26,xOx. JelNeloequ.Z PLp,PSLn le ndPol x 8 x0 e000 Rodeo and Event Center Phase i Post Design City of Pp..h.Junction J2 Engineering aM EnvlmnmeMel Deilgn.LLC e 2.. Ovyn Yre-I eelmt °mPe r Pp M¢BnerA. t ia'.aegern eneper PPIrevSe Ln91nm mPlnw ArtM1ibelir. �M�m i I ornew e niptlen: D 1pggn Ymku a. - wel,MeeMgr( ) 0 g gi2 PtltlitionalCamlrm11on511a MeeYnBr(5) 0 18 Snop OroMng lSufiMM1alPrvlm+s(RD) 8 12 0 4D nae Ie 0 0 0 Ix Treee mggeig 0 tl)e B 0 8 IB P,Mlmhary Pllnm®r W,n(1) o em (1) n '1 n.-emrcerawmg. D r a BDB 0 D ura perteCef Cebgery. tP S] rmpmuroreeugaryl,m.,mne.d.n.wi.mieu: E - P 226A5D f d9Da.DD S &]se.DD 8 - e es... a "ere S ] 8 On.Oo mn gm ,enget enignmer a cemgree $]ASODO Trend Fee J2.SuOroneulainse,and Jfl. . (.dy onto Eawetl S fi6�fia].00 TewswcmauMnm: P]p50DO u rqe — mMllr.ier4uc ml5lgireenng i e,ru,u __ t - nl�axe,xoxa ree i - Jaff Vel I'l PIA,ASIp of nnowonca: P 5,555.55 nlrldpal zm<DSDzaaimaHt eeesss t r)n S i g n J2 Engineering and Environmental Design,LLC 14649 E.Cotton Gin Loop,Suite B2 Phoenix,AZ 85040 1602.438.22211 www.j2design.us Rodeo and Event Center -Phase 2 Design Only The following scope and fee is for the Phase 2 design elements as stated in the project understanding of the cover letter. M:\Proposals\Apache Junction\2024\Rodeo and Event Center\Phase 1&2 Combined\2024-09-09 J2 Scope Rodeo PH2_R2.doc 1 S-4 J2 Engineering and Environmental Design,LLC 14649 E.Cotton Gin Loop,Suite B2 Phoenix,AZ 85040 1602.438.22211 www.j2design.us PROJECT SCOPE OF WORK TASK 100:DATA COLLECTION PURPOSE: J2 will establish design and review schedule and project goals and objectives with the CoAJ. A site visit will be conducted by J2 and the CoAJ to review the existing conditions and limits of work. METHOD: 1. Data / Information Gather and review Existing Data for project context,including reports and studies. • Items Gathered by J2 Design: o Aerial Image o Plat Maps • Items Gathered and Printed/Digital File provided to J2 by CoAJ: o Drainage Studies o Existing Improvement Plans o Environmental Studies/Reports 2. Site Background and Base Information Compile and prepare project Site Background and Base Information from site survey. 3. Assessment/ Inventory Existing Site Conditions o Topography o Slope o Lighting o Existing Irrigation System o Drainage/ Run off Patterns o Existing Utilities and Easements PRODUCTS: 1. Project Schedule 2. Project Base Map MEETINGS: 1. Kick-off Meeting / Site Visit with J2 and CoAJ.J2 will have two (2) staff at this meeting;the meeting is estimated to be no longer than three (3) hours total. J2 will be responsible for the meeting agenda and any meeting notes. TASK 200:30%CONCEPTUAL DESIGN DEVELOPMENT PURPOSE: Develop and prepare conceptual design documents created in AutoCAD at a scale equivalent to 1" = 20' (24"x36"Full Size) to a 30% level of design construction plans, details,and associated opinion of probable cost. Prepare and electronically submit 30% design plans and details to CoAJ for distribution and review. M:\Proposals\Apache Junction\2024\Rodeo and Event Center\Phase 1&2 Combined\2024-09-09 J2 Scope Rodeo PH2_R2.doc 2 S'J J2 Engineering and Environmental Design,LLC 14649 E.Cotton Gin Loop,Suite B2 Phoenix,AZ 85040 602.438.22211 www.j2design.us SHEET COUNT(TOTAL 27 SHEETS): 1. Overall Project Cover Sheet(1 Sheet) 2. Site Plan (1 Sheet) 3. Demolition Plans (1 Sheet) 4. Plant Inventory Plans (1 Sheet) 5. On-Site Grading and Drainage Plans and Details (4 Sheets) 6. Coordinate Geometry Plans and Tables (2 Sheets) 7. Water Plans and Details (4 Sheets) 8. Hardscape Plans and Details (6 Sheets) 9. Landscape Plans and Details (3 Sheets) 10. Irrigation Plans and Details (4 Sheets) 11. Electrical Plans and Details (by J2 Sub-consultant) 12. Architectural Plans and Details (by J2 Sub-consultant) METHOD: 1. Develop and prepare 30%construction plans and details. 2. 30%Opinion of Probable Cost 3. 30%Project Specifications 4. QA/QC Process 5. Provide a digital submittal of 30%Schematic Design construction documents to CoAJ for review and comments. 6. Attend Team design coordination meeting (1) 7. Attend Comment Resolution Meeting (1) PRODUCTS: 1. 30%Design Development Plans 2. 30%Project Specifications 3. 30%Opinion of Probable Cost MEETINGS: 1. Design Coordination Meeting with City of Apache Junction at the Parks Departments office.J2 will have two (2) staff at this meeting;the meeting is estimated to be no longer than three (3) hours total. J2 will be responsible for the meeting agenda and any meeting notes,one (1) hour total. 2. Comment Resolution Meeting with City of Apache Junction at the Parks Department office to review and provide responses to any comments received on the J2 portion of the project plan submittal.J2 will have two (2) staff at this meeting;the meeting is estimated to be no longer than three (3) hours total. M:\Proposals\Apache Junction\2024\Rodeo and Event Center\Phase 1&2 Combined\2024-09-09 J2 Scope Rodeo PH2-R2.doc 3 S'J J2 Engineering and Environmental Design,LLC 14649 E.Cotton Gin Loop,Suite B2 Phoenix,AZ 85040 1602.438.22211 www.j2design.us TASK 300:60%DESIGN DEVELOPMENT PURPOSE: Develop and prepare design documents created in AutoCAD at a scale equivalent to 1" = 20' (24"x36" Full Size) to a 60%level of design construction plans,details,and associated opinion of probable cost. Prepare and electronically submit 60%design plans and details to CoAJ for distribution and review. SHEET COUNT(TOTAL 27 SHEETS): 1. Overall Project Cover Sheet (1 Sheet) 2. Site Plan (1 Sheet) 3. Demolition Plans (1 Sheet) 4. Plant Inventory Plans (1 Sheet) 5. On-Site Grading and Drainage Plans and Details (4 Sheets) 6. Coordinate Geometry Plans and Tables (2 Sheets) 7. Water and Septic System Plans (4 Sheets) 8. Hardscape Plans and Details (6 Sheets) 9. Landscape Plans and Details (3 Sheets) 10. Irrigation Plans and Details (4 Sheets) 11. Building Architecture Plans and Details (by J2 Sub-consultant) 12. Electrical Plans and Details (by J2 Sub-consultant) METHOD: 1. Develop and prepare 60%construction plans and details. 2. 60%Opinion of Probable Cost 3. 60%Project Specifications 4. Develop Draft Drainage Memo 5. QA/QC Process 6. Provide a digital submittal of 60%Schematic Design construction documents to CoAJ for review and comments. 7. Attend Team design coordination meeting (1) 8. Attend Comment Resolution Meeting (1) PRODUCTS: 1. 60%Design Development Plans 2. 60%Project Specifications 3. 60%Opinion of Probable Cost 4. Draft Drainage Memo MEETINGS: 1. Design Coordination Meeting with City of Apache Junction at the Parks Departments office.J2 will have two (2) staff at this meeting;the meeting is estimated to be no longer than three (3) hours total. J2 will be responsible for the meeting agenda and any meeting notes,one (1) hour total. M:\Proposals\Apache Junction\2024\Rodeo and Event Center\Phase 1&2 Combined\2024-09-09 J2 Scope Rodeo PH2-R2.doc 4 S'J J2 Engineering and Environmental Design,LLC 14649 E.Cotton Gin Loop,Suite B2 Phoenix,AZ 85040 1602.438.22211 www.j2design.us 2. Comment Resolution Meeting with City of Apache Junction at the Parks Department office to review and provide responses to any comments received on the J2 portion of the project plan submittal.J2 will have two (2) staff at this meeting;the meeting is estimated to be no longer than three (3) hours total. TASK 400:90%PRE-FINAL CONSTRUCTION DOCUMENTS PURPOSE: To provide 90% Pre-Final construction documents.The 90%Pre-Final construction to a 90%level of design construction plans,details,and associated opinion of probable cost. After receiving comments from CoAJ on the 60%construction documents,J2 will prepare and electronically submit 90%design plans and details to CoAJ for distribution and review. METHOD: 1. Develop and prepare 90%Pre-Final construction plans and details. 2. 90%Opinion of Probable Cost 3. 90% Project Specifications 4. Final Drainage Memo 5. QA/QC Process 6. Provide a digital submittal of 90%Final-Sealed construction documents to CoAJ for review and comments. PRODUCTS: 1. 90%Design Pre-Final Development Plans 2. 90%Opinion of Probable Cost 3. 90%Project Specifications 4. Final Drainage Memo MEETINGS: 1. Design Coordination Meeting with City of Apache Junction at the Parks Departments office.J2 will have two (2) staff at this meeting;the meeting is estimated to be no longer than three (3) hours total. J2 will be responsible for the meeting agenda and any meeting notes,one (1) hour total. 2. Comment Resolution Meeting with City of Apache Junction at the Parks Department office to review and provide responses to any comments received on the J2 portion of the project plan submittal.J2 will have two (2) staff at this meeting;the meeting is estimated to be no longer than three (3) hours total. TASK 500:100%FINAL CONSTRUCTION DOCUMENTS PURPOSE: To provide 100% Final-Sealed construction documents.The 100%Final-Sealed construction documents will be sealed by an Arizona Registered Professional suitable M:\Proposals\Apache Junction\2024\Rodeo and Event Center\Phase 1&2 Combined\2024-09-09 J2 Scope Rodeo PH2-R2.doc 5 S,J J2 Engineering and Environmental Design,LLC 14649 E.Cotton Gin Loop,Suite B2 Phoenix,AZ 85040 1602.438.22211 www.j2design.us for public works.After receiving comments from CoAJ on the 90% Pre-Final construction documents,J2 will develop 100%Final-Sealed construction documents for construction by the City's selected Contractor. METHOD: 1. Develop and prepare 100%Final-Sealed construction plans and details. 2. 100%Opinion of Probable Cost and Bid Schedule 3. 100%Project Specifications 4. QA/QC Process 5. Provide a digital submittal of 100%Final-Sealed construction documents to City of Apache Junction to bid. PRODUCTS: 1. 100% Final-Sealed construction documents and submit electronically one (1) 24"x36"Full Size and (1) one 11"x17"Half Size set in each format (pdf&dwg) for distribution to the City. 2. 100%Opinion of Probable Cost and Bid Schedule 3. 100% Project Specifications MEETINGS: 1. Design Coordination Meeting with City of Apache Junction at the Parks Departments office.J2 will have two (2) staff at this meeting;the meeting is estimated to be no longer than three (3) hours total. J2 will be responsible for the meeting agenda and any meeting notes,one (1) hour total. DESIGN ALLOWANCES The following allowances may only be utilized if authorized in advance by the City. These allowances will not be authorized until a full modified scope is known and may need to be increased if the required scope exceeds the established allowance amount. The following allowances have been established for this project: Apache Junction Design: An allowance has been established to procure additional design elements to the project or cover unforeseen site development requirements. M:\Proposals\Apache Junction\2024\Rodeo and Event Center\Phase 1&2 Combined\2024-09-09 J2 Scope Rodeo PH2-R2.doc 6 S'J J2 Engineering and Environmental Design,LLC 14649 E.Cotton Gin Loop,Suite B2 Phoenix,AZ 85040 1602.438.22211 www.j2design.us EXHIBIT OF PROJECT AREA: © The Process Phasing Plan ..(na ,ncwA. phaw f s„w o,cwtmfi - •,These three phases rora e�ow srw wlMin lrws scope o - represent the suggested Dn_' o.n,r,o t, starting points for the 9 Rodeo and Event Center GVP -Ornirn leptA project.Nevertheless, LaBbOcnes Ama�ncors the City Staff and eootn.live A-wamnq rr. - ,Council will consider the Q«onh Iwn,wormr.i 6 Mam�,pnc loa�nq ra.. �"�' _ _ • available funding and crfaCi'Mull grit cq D-01N :eY the requirements of the cNl tower ono sown wn uc•morwnce rum orw sr.:. - * facility,the City might onKa Phase 3 rs nat inc1u0e0 • . consider prioritizing these O _ wrihin!Ms SCOpe Of wOrM stages and seize the 1bw'�8 w;Iw„ rWr • chance to break them tr�..t • ,� • 0 down into several smaller phases. •. r• • a.� fr �.r+ rrww dew'.• o ltocpNr� ' (was" 01�!•IM• ..r� - Opw Y� w hoP[rm .�fb) Iwv.•..000 r.•..1 (yPre..m[..v) w rw•.a •h�vi - ,... scv4 01 100 2W rw ♦pocry luncnon lr o ono rv.nt c•n[•. l 701.1 n THE FOLLOWING TASKS ARE NOT INCLUDED IN THIS SCOPE OF SERVICES: 1. SWPPP Plans (Contractor Responsibility) 2. Utility Relocations and/or extensions 3. Utility Potholing 4. Drainage Analysis and/or report development 5. 404 Permitting 6. 408 documentation or permitting 7. Environmental Site Assessment (EAS) 8. Reproduction of Bid Sets 9. Public Meeting,Public Involvement and Public Notice(s) 10. Water Features 11. Signage 12. Re-platting or rezoning efforts 13. Permitting processes through any State agencies 14. Permitting fees 15. Construction sequencing or traffic control plans 16. Below grade or submerged irrigation storage system or a booster pump 17. Construction Administration for any of the Phase 2 elements and site amenities M: Proposals\Apache J unction\2024\Rodeo and Event Center\Phase 1&2 Combined\2024-09-09 J2 Scope Rodeo PH2_R2.doc 7 Rotlea antl Event Center Phase 2 Clly el APecM nc 12 EnOineeimp antl Envimn—.mentel Ce9pry LLC 9I5/30U IabxwMAnv: m xal.x ergx aN..�. .exy. MKnM •�VI^m xyl.vx uWnxr nF+ur:.ts. anon oirMw wa0ex , I S 6 t 8691 weaPtlm cNln,l�sle olm{pgenm,9gminonOMlmlln me4geuM eM een INxm�tivn sln ameemmt -n.GPpo a�lners) qw opnlen et mMbl.ma m%wemlconax o gplO e m Nree^9mwaxPvn..µya BC%Ke0.eHepnsa Wre(ngvva2RMxa) x OpnlwelmebabNma 0%fyxAlwpw gc YeeJgonOMeepng Mlnucea web iiXNbNwMmvLLnfswN. PIan PEP NNa) )P R ophnNm O< FmIYPW pme Namo W)W o 4. o Oeagn WwMvnvnNatingvNMreYvgumwn Pme Wq are(peP�msneen) a oprvona Pmpow.coaaw YaxMNue wg nm gAIRPvxev� wagn mwElrwtlm Y.Wg aM YxtlnO MYwree wgnmvrcvm0% W wyGovummnvvr.eiwmmia): S o S 88Bgcc L 1&IBB.Uq t 920MW 3 E R1—g t q ; IWSgLO S N&9MW ]e4 Bc.Oc MFngnae�r'e 5 f e88,0U,Op ' 1e2W6gc sn01 an0amurvMmeumoaJ�.LLt mm�m( mlmplw.n�e waggpq Eey�emM,Am]s poa=n:iwme—or-w. woman �nPalLL, mat ipmmo RODEO EVENT CENTER DESIGN CONTRACT PHASE 1&2 J2 E n gineeri ng & Des i gn ( "J2 " ) PARKS & RECREATION April. 21, 2024 Phasing Plan Utilities (not shown), ADA Design p ro posal i n clu d es: Parking, Vendor Walk, Shade • Phase 1 design drawings and Phase 1 Structure, Covered Stalls, Drainage Improvements, post-design (construction) services RV Parking with Hookups, Overhead Entry Feature • Phase 2 design drawings Bleachers, Announcers 2 Booth, Livestock Holding Pen Archery Reconfiguration, Warm- Range Up ign Check-In/First Aid Building, Cell Tower and Screen Wall, Maintenance Yard and Show and plan for a construction budget Office based on available funding and Raised Event Space and 3 Walkways, Marquee, Parking working around major events Lot Layout and Landscape Public Parking 00 (456 Spaces) �' ._., ` 3 »,i • Public Parkin ' • (1,521 Spaces 3 • '� Possible • " �~ •K, Hitching Posts ` • • B , Possible Bike& Motorcycle Parking ' RV Parking Livestock ADA Parking Overhead Entry RV Parking • (32 Spaces) « . Holding Pens (62 Spaces) Feature with Hookups Check-In,First = a Aid &Possible a Restroom Existing Restroom •: Horse Trailer Parking 28'x 78" � (20 Spaces) Announcer Proposed Bleachers (Approx.1,460 Seats) Booth Temporary ^ Bucking Shade Structure Stage 2 (40'x 94') « Chutes III � • Warm-Up Arena Proposed I Raised Event Space/Stage • (80'x 120') Bleachers = Existing Arena &Possible Restroom ' (Approx. (40'x 80') • .. 720 Seats) 1 Overflow Horse -�� Open Area �,► Trailer Parking « ' Cell Tower&Screen Wall 10'x 10'Event Tents '• 7covered Existing Proposed (280 Shown)Bleachers Bleachers Stalls (Approx.2,000 Seats) (Approx.720 Seats) ''°� ' '• Maintenance Yard (100'X 1209 10'x 10' (60) •�. Sediment and Show Office (1,500 SF) ` . ' •' Basin Access Gate,Typ. ^Marquee • •' E LOST DUTCHMAN BLVD. - - - - •�• - STAFF RECOMMENDATION Staff recommend award of contract to J2 for Phase 1 & 2 des ign and Phase 1 post-design in an amount not to exceed $693,859,.84 which includes a 50/o contingency for unforeseen design needs. EsIal 14 ►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. 3. 'Piz File ID: 24-742 Sponsor: Dave Butler Agenda Date: 9/16/2024 Index: In Control: City Council Work Session Presentation and discussion on award of bid for P&R SSP 2024-004 Drainage and ADA Crossing Improvements at Superstition Shadows Park to Scholz Contracting, LLC in an amount not to exceed $292,820 plus a 5% contingency of$14,641 for a total amount of $307,461. City of Apache Junction,Arizona Page 1 Printed on 911212024 I FCity of Apache Junction -� Home of the Superstition Mountains DATE: September 16, 2024 TO: Honorable Mayor and City Council Members THROUGH: Bryant Powell, City Manager FROM: Liz Langenbach, Parks and Recreation Director SUBJECT: Award of Contract for Construction Services for Drainage & ADA Crossing Improvements at Superstition Shadows Park The City of Apache Junction has been working on multiple site improvements at Superstition Shadows Park, one of which includes updating the two drainage crossings to be ADA compliant. This project is partially funded through a Land Water Conservation Fund grant and partially through our general fund. The City posted a Request for Bid (RFB) Project No. P&R SSP 2024-004, complying with state/city public bidding requirements. There were 3 responsible bidders: Scholz Contracting LLC $292,820.00 Valwest Construction $469,956.00 Redpoint Contracting $523,007.00 Scholz Contracting, LLC was the apparent lowest bidder whom we have determined to be qualified to do this project. Based on the above, staff is recommending a contract for the Drainage & ADA Crossing Improvements at Superstition Shadows Park in the amount of $292,820.00 to Scholz Contracting, LLC. Additionally, we request authorization of a 5% contingency amount for any future unforeseen change orders to the contract for a grand total of $307,461.00. Staff will bring back this item for final award of contract at a future city council meeting. CONSTRUCTION AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND SCHOLZ CONTRACTING FOR PROJECT P&R- SSP 2024-004 DRAINAGE AND ADA CROSSING IMPROVEMENTS AT SUPERSTITION SHADOWS PARK THIS AGREEMENT made and entered into by and between the CITY OF APACHE JUNCTION ("City"), an Arizona municipal corporation, and SCHOLZ CONTRACTING, an Arizona limited liability company, ("Contractor"), sometimes collectively referred to as the "Parties" or individually as the "Party". RECITALS A. Contractor has responded to City's request for bid (the "RFB" and response both being considered the "Contract Documents") (on file with the City's Finance Department) via RFB No. P&R SSP 2024-004, in which the Contractor asserts its willingness, ability and qualifications to provide this work and service (hereinafter referred to as the "Work") B. City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall render such Work. C. City has complied with the public bidding requirements under Arizona Revised Statutes ("A.R.S.") Title 34, and Apache Junction City Code Vol. I, Chapter 3, Administration, Article 3-7, Procurement Procedures, or such work is categorically exempt from such process. AGREEMENT NOW, THEREFORE, City retains Contractor to perform, 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 in accordance with and as more fully described in "Notice Inviting Bid Proposals for Project Number P&R SSP 2024-004, which includes all required specifications. A. Physical location of the project is: 1091 W Southern Ave. Apache Junction, AZ 85119 2. PAYMENTS & COMPLETION: The total amount payable by the City to the Contractor is an amount not to exceed Two Hundred Ninety Two Thousand Eight Hundred Twenty Dollars and Zero Cents ($292,820.00) (the "Contract Sum") for the performance of the Work under the Contract Documents except for changes authorized by properly executed change orders (contingency), which shall not exceed an additional 5% of the Contract Sum, in the amount of Fourteen Thousand Six Hundred Forty One Dollars ($14.641.00) for a total of Three Hundred Seven Thousand Four Hundred Sixty One Dollars and Zero Cents ($307,461.00). All contracts will be operable for their full term at the rates quoted in the initial bid proposal, unless otherwise extended in writing by the City. Upon notice that the Work is ready for final inspection or acceptance, a City representative shall promptly cause an inspection to be made. Once City finds the Work acceptable under the Contract Documents, City shall promptly submit for processing a certificate for payment stating that, to the best of its knowledge, information and belief on the basis of its observation and inspection, the Work has been completed in accordance with the terms and conditions of the Contract Documents and that partial payment or the entire balance due the Contractor is payable. Final payment shall not become due until the Contractor submits to the City all required lien waivers, releases and any other data establishing payment or satisfaction of all Contractor's obligations. If any subcontractor refuses to furnish a release or waiver required by City, Contractor may furnish a bond to indemnify City against any such lien. If any such lien remains unsatisfied after all payments are made, Contractor shall refund to City all monies that the latter may be compelled to pay in discharging such liens, including all costs and reasonable attorney fees. 3. CONTRACT TERM: The Term of this Agreement is October 1, 2024, to June 30, 2025. This provision does not limit the liability of Contractor for actual damages sustained by City as a result of any breach of contract or warranty by Contractor. Extensions may be approved at times as the Parties mutually deem fit. 4. LABOR AND MATERIALS: Unless otherwise provided in the Contract Documents, Contractor shall provide, pay for and insure under the requisite laws and regulations 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. 5. INSPECTIONS AND QUALITY OF WORK: 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 discretion, whether the Work has been performed in accordance with the 2 Contract Documents. Contractor further agrees to make such corrections to the Work as may be directed by City to conform to said Contract Documents without requirement of a change order or any additional charge or cost to City whatsoever. 6. WARRANTY: Contractor shall guarantee the Work against defective workmanship or materials for a period of one (1) year from the date of its final acceptance under the contract, ordinary wear and tear and unusual abuse or neglect excepted. Any omission on the part of City to condemn 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. Within one (1) year from the date of final acceptance due to faults in workmanship or materials, Contractor shall begin making the necessary repairs to the satisfaction of City within fourteen (14) calendar days of receipt of written notice from City. Such work shall include the repair or replacement of other work or materials damaged or affected by making the above repairs or corrective work all at no additional cost to City. In the case of Work materials or equipment for which warranties are required by the special provisions of the Contract Documents, Contractor shall provide or secure from the appropriate subcontractor or supplier such warranties addressed to and in favor of City and deliver same to City prior to final acceptance of the Work. Delivery of such warranties shall not relieve Contractor from any obligation assumed under any other provision of the contract. The warranties and guarantees provided in this subsection shall be in addition to and not in limitation of any other warrantees, guarantees or remedies required by law, and shall survive the expiration of this Agreement for the time period mentioned above. 7. TAXES: Contractor shall pay all license, sales, consumer, transaction privilege, use and other similar taxes for the Work or portions thereof provided by Contractor which are legally enacted at the time bids are received whether or not yet effective or subsequently applicable due to acts of jurisdictions or bodies other than City. 8. PERMITS & FEES: Unless otherwise provided in the Contract Documents, Contractor shall secure and pay for all permits, government fees, licenses and inspections necessary for the proper execution and completion of Work which are customarily secured after execution of the contract, and which are legally required. Contractor 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 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. Contractor understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Contractor agrees to obtain a 3 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 6. 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 licensing regulations on any subcontractors, and Contractor ensures its subcontractors will obtain any and all applicable 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. 9. 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 workers' compensation or unemployment insurance for or on behalf of them or Contractor. Contractor shall supervise and direct the delivery of the materials using its best skill and attention. Except as provided in this Agreement, Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work required by the Contract Documents. Contractor shall be responsible to City for the acts and omissions of its employees, subcontractors and their agents and employees and other persons providing any of the materials under any contract document. 10. SUPERINTENDENT: Contractor shall employ a competent project superintendent who shall be in attendance at the project site during the progress of the Work. The 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 designated for each project and communicated to City before work is performed. 11. PROGRESS SCHEDULE: Contractor shall, immediately after entering into this Agreement, generate an estimated progress schedule, which shall be maintained and updated during the project. Work may progress during regular City business hours only if it is determined by City not to disturb normal operations. 12. INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all 4 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 or any subcontract. 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 an 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 extent caused by the negligence, recklessness or intentional wrongful conduct of Contractor or any tier of Contractor's subcontractors or any 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 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. SUBCONTRACTORS: 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 City. 14. APPLICABLE 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 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. 5 15. INSURANCE: Contractor, 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 satisfactorily completed and formally accepted; 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 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. Contractor shall be solely responsible for the deductible and/or self retention and City, at its option, 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, 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 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 agents, officers, officials and employees as Additional Insureds. REQUIRED COVERAGE Commercial General Liability 6 Contractor 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 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 B, CG 20101185, or the equivalent thereof, and 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 or operations, Contractor shall purchase and maintain, at all times during prosecution of the Work, services or operations under this Agreement, an Owner and 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 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 Contractor's Commercial General Liability insurance. Automobile Liability Contractor 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 Contractor's owned, hired, and non-owned vehicles assigned to or used in performance of Contractor'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 Contractor shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor's 7 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. By execution of this Agreement, Contractor 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 Contractor has no employees for whom workers' compensation insurance is required, Contractor shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Contractor employs any employees subject to coverage. In case any work is subcontracted, Contractor will require subcontractors to provide Workers' Compensation and Employer's Liability insurance to at least the same extent as required of Contractor. Certificates 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 the Agreement, issued by 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. 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 Contractor's Work or services and as evidenced by annual Certificates of Insurance. 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 8 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. 16. CHANGE ORDERS: A change order is a written order to Contractor, approved by a City representative, issued after execution of this construction agreement authorizing a change in the Work or an adjustment in the construction agreement sum or the construction agreement time. A change order signed by Contractor indicates his agreement therewith. City may, without invalidating this construction agreement, order changes in the Work within the general scope of this construction agreement consisting of additions, deletions or other revisions, the construction agreement sum and the construction agreement being adjusted accordingly. All such changes in the Work shall be authorized by Change Order and shall be performed under the applicable conditions of this construction agreement. City representative shall have authority to order minor changes in the Work not involving an adjustment in the construction agreement sum or extension of construction agreement time and not inconsistent with the intent of this construction agreement. All such changes shall be affected by written order and shall be binding upon City and Contractor. 17. 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. 18. 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 last business address known to them who gives the notice. 9 19. 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. 20. PAYMENT & PERFORMANCE BONDS: City shall have the right to require Contractor to furnish bonds covering the faithful performance of the contract and the payment of all obligations arising hereunder. 21. SAFETY: Contractor and/or its subcontractors shall be solely responsible for job safety at all times. 22. RIGHTS & REMEDIES: The duties and obligations imposed by the Contract Documents and the rights and remedies available hereunder 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 hereunder except as may be specifically agreed to in writing. 23. FORCE MAJEURE: 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, 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 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 10 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. 24. TERMINATION BY CITY: A. TERMINATION BY CITY: City shall be permitted to terminate this Agreement if in the discretion of the city manager or his or her designee, believes Contractor has failed to meet the terms of this Agreement. City shall provide Notice of Termination to Contractor by Certified U.S. Mail ten (10) calendar days before such termination takes effect. B. TERMINATION BY CONTRACTOR: Contractor may terminate this Agreement if City fails to make payment as agreed upon in this document. 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. 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. AMENDMENT: 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, and that oral understandings or agreements not incorporated herein shall not be binding on the parties. The representatives of the Parties (signatory for Contractor noted below or his or her designee, and the City Manager, or his or her designee) shall be authorized to execute future amendments or extensions of this Agreement. 27. 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 11 apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 28. 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. 29. 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. 30. 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. 31. CERTIFICATION PURSUANT to A.R.S. § 35-394: In accordance with Arizona Revised Statutes § 35-394, Contractor/Consultant hereby certifies and agrees that Contractor/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, 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/Consultant becomes aware during the term of this Agreement that Contractor/Consultant is not in compliance with this Section, then Contractor/Consultant shall notify the City within five (5) business days after becoming aware of such noncompliance. If Contractor/Consultant does not provide the City with written certification that Contractor/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. 12 32. PROHIBITION TO CONTRACT WITH CONTRACTORS 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 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. 33. COMPLIANCE WITH FEDERAL AND STATE LAWS: Contractor 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, Contractor hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Contractor further warrants that after hiring an employee, Contractor will verify the employment eligibility of the employee through the E- Verify program. If Contractor 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. Contractor 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. Contractor shall not be deemed in material breach of this Agreement if the Contractor and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274B 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 Contractor or subcontractor employee who works under this Agreement to ensure that the Contractor 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. 13 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: SCHOLZ CONTRACTING, an Arizona limited liability company By: Jared Scholz Its: Vice President CITY: CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: Walter "Chip" Wilson Its: Mayor ATTEST: Jennifer Pena City Clerk 14 APPROVED AS TO FORM: Richard J. Stern City Attorney 15 Exhibit A Bid Proposal CHECKLIST OF REQUIRED DOCUMENTS TO BE SUBMITTED BY BIDDERS Bidders shall indicate by initialing below that each of the following have been included in the response: X One signed original and two complete duplicate copies of proposal submittal. X Scope of Work (Exhibit A) X Surety Bid Bond (Exhibit B) X Cost Proposal (Exhibit C) X Similar Service History (Exhibit D) X Exceptions-Additions-Corrections (Exhibit E) X Understanding &Agreement (Exhibit F) X Copies of State Licenses, Local Licenses & permits necessary for operation of business Date: August 8th 2024 Si ture of Bidder Jared Scholz Printed Name of Bidder 10 EXHIBIT A SPECIAL SPECIFICATIONS SCOPE OF WORK FOR CONSTRUCTION SERVICES FOR DRAINAGE AND ADA CROSSING IMPROVEMENTS AT SUPERSTITION SHADOWS PARK FOR THE CITY OF APACHE JUNCTION RFB PROJECT NO. P&R SSP 2024-004 SECTION 1. SCOPE OF WORK City was awarded a Land and Water Conservation Fund ("LWCF") Grant for improvements at Superstition Shadows Park. Among those improvements is drainage and Americans with Disabilities ("ADA") crossing. As this is a grant funded project, work must be completed prior to December 31, 2024. Please see the attached design documents from J2 Engineering for specifications on work to be bid on. Please note that the Sheet Index does list sheets CV-202, LS- 202 and LS-203 which are not attached to the design document as those are not part of this project and bid. SECTION 2. BID REQUIREMENTS Questions on Requestfor Bid: Questions on the language used in this Requestfor Bid shall be directed to the City of Apache Junction Finance Department, Purchasing Administrator Kimberly Heldt, using Bid Inquiry Form(Exhibit K). If any specification in this Request for Bid cannot be met,the Bidder must explain why it cannot or should not be met in their return bid and shall use Exceptions-Additions -Corrections (Exhibit E)for this purpose. Contractor must include information on any exceptions, additions, and/or corrections in their quote. Any exception is grounds for rejection of the bid in its entirety. Submittal Content: Written price quotes shall be communicated through the attached Cost Proposal(Exhibit C)and submitted to the address noted in the Notice Inviting Bid Proposals by the established deadline. The Bidders submittal shall contain the following documents: • Scope of Work (Exhibit A) • Surety Bid Bond (Exhibit B) • Cost Proposal (Exhibit C) • Similar Service History (Exhibit D) • Exceptions-Additions-Corrections (Exhibit E) (if applicable) • Understanding & Agreement(Exhibit F) 11 • Payment Bond (Exhibit H) Performance Bond (Exhibit 1) Cost Proposal Evaluation: Each written cost proposal will be evaluated on the basis of the information provided by the Bidder. The Bidder's failure to provide the above eight items of information will make the price quote evaluation difficult and may result in it being rejected. Equipment Evaluation: As part of the evaluation process, City staff may request an inspection of all vehicles and equipmentthe Bidder proposes to use for this project. If the request for inspection is declined, or equipment is deemed insufficient by City staff to effectively and efficiently complete the said scope of work, the City reserves the right to reject the Bidder's bid. Approval of daily schedule of work will be up to the Parks Superintendent. 12 EXHIBIT B SURETY BID BOND PROJECT NO. P&R SSP 2024-004 KNOW ALL MEN BY THESE PRESENT: That we, Scholz Contracting, LLC , as Principal, (hereinafter called the Principal), and the Merchants National Bonding, Inc. , a company/corporation holding a certificate of authority to transact surety business in the State of Arizona as issued by the Director of the Department of Insurance pursuantto Title 20,Chapter 2,Article 1 as Surety,(hereafter called the Surety),are held and firmly bound unto the City of Apache Junction as Obligee, in the sum of ten percent(10%) of the total amount of the bid of Principal,submitted by him to the City of Apache Junction for the work described below,for the payment of which sum,will and truly to be made,the said Principal and the said Surety,bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents, and in conformance with A.R.S. WHEREAS, the said Principal is herewith submitting its proposal for: Construction Services for Drainage and ADA Crossing Improvements-Project No.: P&R SSP 2024-004 NOW,THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of the proposal and give the bonds and certificates of insurance as specified in the standard specifications with good and sufficient surety for the faithful performance of the contract and for the prompt payment of labor and materials furnished in the prosecution of the contract or in the event of the failure of the Principal to enter into the contract and give the bonds and certificates of insurance, if the Principal pays to the Obligee the difference not to exceed the penalty of the bond between the amount specified in the proposal and such larger amountfor which the Obligee may in good faith contractwith another party to perform the work covered by the proposal then this obligation is void. Otherwise it remains in full force and effect provided however, that this bond is executed pursuant to the provisions of Section 34-201, Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the provisions of the section to the extent as if it were copied at length herein. Signed and sealed this 23rd day of August A.D., 20 24 . Merchants National Bonding, Inc. Principal Title Witness Scholz Contr ctin . Surety VP11" Title Scott r in Att -in- a t Wit ss: 13 I .MERCHANTS�� BONDING COMPANY.. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., j both being corporations of the State of Iowa,d/b/a Merchants National Indemnity Company(in California only)(herein collectively called the "Companies")do hereby make,constitute and appoint,individually, i Alexander Paffenbarger;Andrew J Paffenbarger;Brian R Sawyer,Ronald G Hecksel;Scott Wareing I their true and lawful Attomey(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. r This Power-of-Attomey is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of Indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the I Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." I In connection with obligations in favor of the Florida Department of Transportation only,it Is agreed that the power and aut hority hereby given to the Attomey-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 8th day of December 2022 .•+""""•., .••'-'••. MERCHANTS BONDING COMPANY(MUTUAL) ,.••P•�IONq�••.•• ••��\�1G CQ�A•• MERCHANTS NATIONAL BONDING,INC. ORP0R,q%O•: 00,�(t P09 .,9 dlbla MERCHANTS NATIONAL INDEMNITY COMPANY v 2003 1933 ; ey '•,� ''......... �,.•' •.�.� .... •'`1�; President - STATEOFIOWA '•�� �f •..•• '•.. ,.•' - COUNTY OF DALLAS ss. On this 8th day of December 2022 before me appeared Larry Taylor, to me personally known, who being by.me duly swofQ did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL)and MERCHANTS NATIONAL BONDING, INC.; ana-that-tlle_ seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said Instrument was signed and sealed.in behalf,•= of the Companies by authority of their respective Boards of Directors. i Kim Lee Commission Number 02737 •�o � My Commn Expires • :, ;�r April 14,2024 Notary Public (Expiration of notary's commission does not invalidate this instrument) 1,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this 23rd day of August ,2024 ,,,.••a��tzr.... , ..•o0N......, ='t ".000 1933 Secretary Ile POA 0018 (10/22) I EXHIBIT C COST PROPOSAL PROJECT NO. P&R SSP 2024-004 FIRM: Scholz Contracting, LLC ADDRESS: P.O. Box 21418 Mesa AZ 85277 TELEPHONE: 602-320-1357 Fax BASE BID DESCRIPTION OF SERVICES QUANTITY TOTAL COST 1 Mobilization 1 LS $10,000.0 2 Removals 1 LS $17,250.0 3 Modified Headwall- 501 6-24" Pipes 2 EA $35,000.0 4 Modified Headwall- 501 6-18" Pipes 2 EA $23,000.0 5 18" CLV RCP 300 LF $57,000.00 6 24" CLV RCP 132 LF $27,720.00 7 Grouted RIP RAP 6" D50 2280 SF $57,000.0 8 Sidewalk/ Rolled Curb 4250 SF $60,850.0 9 Restore Existing Landscape 1 LS $5,000.00 TOTAL BASE LUMP SUM BID $ 292,820.00 Two Hundred Ninety Two Thousand Eight Hundred Twenty Dollars and Zero Cents Total Bas Lum um Bid in Words Date August 28th 2024 Si �n - e Jared Scholz Title Vice President Printed Name 14 EXHIBIT D SIMILAR SERVICE HISTORY PROJECT NO. P&R SSP 2024-004 Each Bidder shall submit a list of at least three (3) customers including name, address, contact person and telephone number for whom he or she has similar work has been completed in the last twelve (12) months and shall include a short description and location of work using this form. 1. Customer: Salt River Pima-Maricopa Indian Community Name of Agency or Firm 10005 E Osborn Rd, Scottsdale,AZ 85256 Address 480-362-3507 Michael S Jensen, P.E Telephone Contact Person Short Description of Work: Apprx. 30001f of 8"waterline including 28 home connections, new hydrants,water sample stations and commercial building connections. Project also included roadway removal and replacement within a neighborhood. Dobson Road and Pinochet Jan 2023-Aug-2023 $1,398,068.09 Location Start& Complete Date Cost 2. Customer:Dallas Construction Name of Agency or Firm Address (602) 909-5136 Stephanie Minyard Telephone Contact Person Short Description of Work: Repair and replace canal linings and install new headwalls and gate valves for irrigation Canals 14301 N 87th Street, Ste. 103, Scottsdale, AZ 85260 SRPMIC Start April 1,2024 end May 31,2024 $124,852.00 Location Start& Complete Date Cost 15 3. Customer:SRPMIC Name of Agency or Firm 10005 E. Osborn Rd., Scottsdale, AZ 85256 Address (480) 208-2404 Ashley Hanno, Drainage and Irrigation Engineer Telephone Contact Person Short Description of Work: Redo drainage around SRP High School by installing channel Lining and culvers SRPMIC May 2024 to Sept 2024 $738,676.00 Location Start& Complete Date Cost 16 EXHIBIT E EXCEPTIONS/ADDITIONS/CORRECTIONS PROJECT NO. P&R SSP 2024-004 For uniformity and bid comparison purposes, all previous documents shall be completed as received from the City of Apache Junction. Should the Bidder wish to propose or note any exceptions,additions,or corrections,they shall be included on this page and Bidder may attach additional pages. Please note that submittal of this exhibit does not constitute a protest and such submittal shall be completed timely with the bid in accordance with Section 7 of the General Conditions and Instructions to Bidders. Not Applicable 17 EXHIBIT F UNDERSTANDING AND AGREEMENT PROJECT NO. P&R SSP 2024-004 PROPOSAL TO THE CITY OF APACHE JUNCTION, ARIZONA: In compliance with the advertisement for bids, and having examined these documents, and being familiar with the conditions, I/we hereby submit our acknowledgment of the terms and conditions for furnishing services for the City of Apache J unction. We further agree to execute the contract documents and furnish the required certificates of insurance if I am/we are selected to provide such services. I/We shall perform the responsibilities set forth in the contract documents in compliance with all applicable state and federal statutes and regulations, and city codes and other requirements. I/WE HEREBY ACKNOWLEDGE receipt of and confirm the terms and conditions. This bid is submitted by Scholz Contracting ,a corporation organized under the laws of the State of Arizona ; a partnership consisting of_ or an individual trading such as and is the holder of Arizona State License No. 321138 . Classification: Gen Eng A Respectfully submitted by: Scholz Contracting PO Box 21418 irm Mesa AZ 85277 (213)216-3441 Mailing Address City State Phone Jeff Scholz President Officer/Title ATTEST: Jared Scholz, Vice-President Officer and Title Witness (if bidder is an individual) 18 IMPORTANT NOTICE YOU MUST: THIS IS YOUR IDENTIFICATION CARD REPORT DISASSOCIATION OF QUALIFYING PARTY IN WRITING WITHIN 15 DAYS.[SEE A.R.S. DO NOT DESTROY §32-1154(A)(18)] REPORT A CHANGE OF ADDRESS IN WRITING WITHIN 30 DAYS.[SEE A.R.S.§32-1122(B)(1)] ,) REPORT ANY TRANSFER OF OWNERSHIP OF 50%OR MORE IMMEDIATELY[SEE A.R.S, §32-1151.011 ,) REPORT ANY CHANGE IN LEGAL ENTITY,SUCH AS ANY CHANGE OF THE OWNERSHIP IN A SOLE PROPRIETORSHIP OR CHANGE OF A PARTNER IN A PARTNERSHIP OR THE CREATION OF A NEW CORPORATE ENTITY.[SEE A.R.S.§32-1124(B)(F)§RULE R-4-9-1101 LICENSE EFFECTIVE THROUGH: STATE OF ARIZONA April 30,2025 ® Registrar of Contractors CERTIFIES THAT Scholz Contracting,LLC Scholz Contracting,LLC CONTRACTORS LICENSE NO. CLASS ROC 344215 KB-2 PO Box 21418 Mesa,AZ 85277 General Dual Dual Residential and Small Commercial THIS CARD MUST BE PRESENTED UPON DEMAND Martin J.Que d ,Director IMPORTANT NOTICE YOU MUST THIS IS YOUR IDENTIFICATION CARD REPORT DISASSOCIATION OF QUALIFYING PARTY IN WRITING WITHIN 15 DAYS.[SEE A.R.S. DO NOT DESTROY §32-1154(A)(18)] REPORT A CHANGE OF ADDRESS IN WRITING WITHIN 30 DAYS.[SEE A.R.S.§32-1122(B)(1)] REPORT ANY TRANSFER OF OWNERSHIP OF 50%OR MORE IMMEDIATELY[SEE A.R.S. §32-1151.01] REPORT ANY CHANGE IN LEGAL ENTITY,SUCH AS ANY CHANGE OF THE OWNERSHIP IN A SOLE PROPRIETORSHIP OR CHANGE OF A PARTNER IN A PARTNERSHIP OR THE CREATION OF A NEW CORPORATE ENTITY.[SEE A.R.S.§32-1124(B)(F)§RULE R-4-9-110] LICENSE EFFECTIVE THROUGH ApH130,2025 STATE OF ARIZONA .*lp1 Registrar of Contractors CERTIFIES THAT ®� i Scholz Contracting,LLC Scholz Contracting,LLC PO Box 21418 CONTRACTORS LICENSE NO. ROC 344215 CLASS KB-2 Mesa,AZ 85277 General Dual Dual Residential and Small Commercial i THIS CARD MUST BE PRESENTED UPON DEMAND 4V:2 � McNn J.Que d ector IMPORTANT NOTICE YOU MUST THIS IS YOUR IDENTIFICATION CARD REPORT DISASSOCIATION OF QUALIFYING PARTY IN WRITING WITHIN 15 DAYS.[SEE A.R.S. DO NOT DESTROY §32-1154(A)(18)] REPORT A CHANGE OF ADDRESS IN WRITING WITHIN 30 DAYS.[SEE A.R.S.§32-1122(B)(1)] REPORT ANY TRANSFER OF OWNERSHIP OF 50%OR MORE IMMEDIATELY[SEE A.R.S. §32-1151.01] REPORT ANY CHANGE IN LEGAL ENTITY,SUCH AS ANY CHANGE OF THE OWNERSHIP IN A SOLE PROPRIETORSHIP OR CHANGE OF A PARTNER IN A PARTNERSHIP OR THE CREATION OF A NEW CORPORATE ENTITY.[SEE A.R.S.§32-1124(B)(F)§RULE R-4-9-110] LICENSE EFFECTIVE THROUGH: April 30,2025 STATE OF ARIZONA Registrar of Contractors CERTIFIES THAT Scholz Contracting,LLC Scholz Contracting,LLC PO Box 21418 Mesa,AZ 85277 CONTRACTORS LICENSE NO. ROC 344215 CLASS KB-2 General Dual Dual Residential and Small Commercial THIS CARD MUST BE PRESENTED UPON DEMAND Martin J.Que d ,Director SUPERSTITION SHADOWS PARK ADA WALKWAYS/ DRAINAGE CROSSING Scholz Contracting LLC - Award of Construction Contract PARKS & RECREATION September 16, 2024 Ib 40 • ----- PROJECT AREA ADA Accessible Crossings t r � OW WOW v Ale t SUPERSTITION SHADOWS PARK ( SSP Awarded a Land Water Conservation Fund ( LWCF) grant for improvements at SSP One element was to create more sidewalk connectivity for ADA access Learned during the design process that the drainage structure would require modifications _ Included in this year's capital budget, approved by city council REQUEST FOR BID PROJECT NO . PAR 2024 - 004 City received 3 responsible bidders : Scholz Contracting LLC $ 292 ) 820000 Valwest Construction $ 469 ) 956 . 00 Redpoint Contracting $ 523 ) 007000 LWCF grant will fund $ 50 , 000 towards the project STAFF RECOMMENDATION : Scholz Contracting, LLC was the apparent lowest qualified bidder . Staff recommends award to Scholz Contracting in an amount of $ 292 , 820 plus a 5 % nwner- controlled contingency for a grand total of $ 307, 461 Staff will bring back to council on October 1st for final award , with any changes QUESTIONS ? ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.4. 'Piz File ID: 24-745 Sponsor: Michael Pooley Agenda Date: 9/16/2024 Index: In Control: City Council Work Session Presentation and discussion on procurement of a training simulator for AJPD from Virtra in an amount not to exceed $341,912.98. City of Apache Junction,Arizona Page 1 Printed on 911212024 Apache Junction Police Department Memorandum Date: September 9, 2024 To: Mayor Chip Wilson and City Council From: Chief Michael Pooley Subject: Contract with VirTra to purchase a V-300 VirTra training simulator. .................................................................................................................................................................................................................................................................................................................................... The Apache Junction Police Department formally requests authorization to use American Rescue Plan Act (ARPA) funds to purchase a V-300 VirTra training simulator in the amount of $341,912.98. The new VirTra training system will replace our current Milo training simulator which is over 10 years old and does not function properly. It was given to us by the Gilbert Police Department when they upgraded to the VirTra system. Due to the age of the Milo system, the company does not have the parts to properly fix and upgrade the software. The V-300 is a five-screen training simulator that will provide our officers a 300- degree view of real-life scenarios to better train them on tactics and judgement. This training simulator will allow our officers to practice responding to realistic scenarios while responding to various stimuli in a safe environment. By investing in this advanced training technology, the Apache Junction Police Department will align itself with best practices observed in law enforcement agencies nationwide. Thank you for considering this important request. VirTra 295 E.Corporate PI,Chandler,AZ 85225 USA I TOLL FREE:800.455.8746 PH: 480.968.1488 FAX: 480.968.1448 WWW.VIRTRA.COM Account Name Apache Junction Police Department CustlD 0623-07185 Contact Name Joseph Penze Created Date 6/26/2024 Phone (480)474-5461 '� Quote Number 00009396 Email jpenze@apachejunctionaz.gov Expiration Date 8/30/2024 Ship To Name Apache Junction Police Department Prepared By Ryan Bray Installation Street SFMD Regional Training Center Phone (480)968-1488 1« Installation City Apache Junction Extension 5012 ', Installation State AZ Email rbray@virtra.com Installation Zip Code85119 Product Product Product Code Product Description Sales Price Quantity Total Prii SKU VirTra-Virtual Interactive Coursework and Training AcademyTA9 certified simulator training curriculum.V-VICTATM is a progressive science based approach to the use of simulation as a training system.Program materials include teacher lesson plans,student outline, presentation material, pre-tests, VirTra Virtual Interactive post-tests,course evaluation and all interactive Coursework and 7001000 V-VICTA-01 video learning material in conjunction with the $0.00 1.00 $0.00 Training AcademyTM simulator for each available course.Virtual Instructor scenarios teach,train,test and sustain methodology to ensure participants dynamically absorb information to facilitate long term transfer of critical psycho-motor skills.Available exclusively to all VirTra simulation systems under a current Service or Subscription plan. VirTra Systems 300 LE-1 simulator uses five interconnected screens to create fully immersive active engagements in a 300 degree environment surrounding the trainees. Multi-directional audio and seamless real video VirTra 300 LE(w/1 year create an environment and situation that will 1300000 V-300LE-1 $160,292.53 1.00 $160,292.53 warranty) challenge trainees.Comes with LE content library,computer rack, UPS backup,and audio/projection equipment.System is configurable to fit in a variety of spaces(within minimum requirements).One year warranty and support services included. VirTra V-300@ Eliminates the 5 inch black border between Borderless Projection 1300050 VHU-BS-300-FP screens to increase immersion on VirTra $11,530.39 1.00 $11,530.39 Screen-FP V-300@ systems. Front Project Black Backed Screens. VirTra V-300@ VirTra Installation and Training for one(1) Installation/Training 8000300 V-300-INSTL V-3000 System. Includes all travel and $7,643.13 1.00 $7,643.13 expenses in the CONUS. 1 VirTra 295 E.Corporate PI,Chandler,AZ 85225 USA I TOLL FREE:800.455.8746 PH: 480.968.1488 FAX: 480.968.1448 1 WWW.VIRTRA.COM Additional year annual service agreement to include telephone support, remote assistance, labor,Screens, Projectors,Cameras, Computers,Truss System, Cabling, 2 VirTra 295 E.Corporate PI,Chandler,AZ 85225 USA I TOLL FREE:800.455.8746 PH: 480.968.1488 FAX: 480.968.1448 WWW.VIRTRA.COM Accessories(refill stations, magazines, recoil kits, non-guns,and V-Threat-Fire®),travel, Service Plan-V-300®- 8000821 SP-V300-A Minor build software upgrades and hot-fixes $25,769.41 2.00 $51,538.82 Annual included i.e.,VOS 5.x,Security patches, security upgrades included,and 2-day shipping.Annual service and maintenance visit from a VirTra technician upon request. Includes all travel and expenses in CONUS. [Payment due in full upon receipt of order acceptance,no cancellations as this is a subscription plan.] Glock 17(Gen 5)Tetherless laser recoil kit with proprietary True-Fire TM technology to VirTra Tetherless-Glock eliminate false-fire and double-shots during 4001702 V-G17G5-KIT-1 $5,571.44 3.00 $16,714.32 17(Gen 5) simulation training. Includes one standard magazine.(All recoil kits convert real firearms which must be supplied by the customer). VirTra Tetherless-Glock 4001706 V-G17-SM Additional Standard magazine for use with the $738.84 9.00 $6,649.56 17-Standard Magazine V-G17 recoil kits. M4 AR15 M16 Tetherless laser recoil kit. VirTra Tetherless M4 Includes one standard magazine. Includes one AR15 M16 Kit 4010400 V-M4-KIT-1 micro USB charger.(All recoil kits convert real $6,072.93 2.00 $12,145.86 firearms which must be supplied by the customer). Advanced refillable rifle magazine with VirTra pressure supply,shot counting(defaults to 30 Tetherless-Advanced rounds per magazine), rechargeable battery 4010405 V-M4-ASM $2,789.07 2.00 $5,578.14 Skills pack,and wireless communications. For use AR15/M16/M4-Magazine with the V-M4-RK recoil kit.(Requires the V-RFS or V-RFN) Table-top refill station for all refillable Refill Station 5000750 V-RFS magazines. Includes automatic push button $5,368.96 1.00 $5,368.96 activation and one CO2 tank which must ship empty. Includes travel case. VirTra Tetherless-Glock 4001710 V-G17-SM-AP Adapter plate for the V-G17(Requires VirTra $585.97 1.00 $585.97 17-Adapter Plate refill station). VirTra M4 SM and ASM 4010407 V-M4-SM/ASM-AP Adapter plate for the V-M4-SM and V-M4-ASM $585.97 1.00 $585.97 Adapter Plate (Requires VirTra refill station). OC Canister-MK3 5000501 V-OCC-MK3 Laser-based MK3 model OC training device. $2,614.76 2.00 $5,229.52 TASER 70 simulation cartridge package B: Simulates close quarter(12 deg.)and standoff TASER®7 Simulation 5000554 V-T7-12 13.5 (3.5 deg.)probe spreads for TASER 7 $3,954.31 2.00 $7,908.62 Cartridge Package B deployments in VirTra simulations.Operates in live,customer supplied TASER 7 device. Includes one USB charging cable. Barrel mounted,shock sensor actuated,laser module for the Pepperball Launcher System. Mounts to actual customer owned Pepperball Laser Module-PLS 5000407 VLSI-PLS Launcher System(brand agnostic).VirTra $2,634.87 1.00 $2,634.87 customizable Laser ID based upon specific VirTra Simulator setup and customer requirements. Laser Insert-40mm 5000403 VLSI-40MM-LSR 40MM laser based sponge round for use with $4,880.88 1.00 $4,880.88 tube launchers. 3 VirTra 295 E.Corporate PI,Chandler,AZ 85225 USA I TOLL FREE:800.455.8746 PH: 480.968.1488 FAX: 480.968.1448 WWW.VIRTRA.COM Trainee monitor and recording (TMaR). 4 VirTra 295 E.Corporate PI,Chandler,AZ 85225 USA TOLL FREE:800.455.8746 PH: 480.968.1488 FAX: 480.968.1448 1 WWW.VIRTRA.COM Trainee Monitor and Camera and cables for real-time monitoring, Recording 5000700 V-TMAR recording,and playback during debriefing $8,772.17 1.00 $8,772.17 sessions of trainees. Includes software and hardware that integrates into the VirTra line of simulators. VirTra's patented V-Threat-Fire®return-fire simulator device.Attaches via integrated belt clip to deliver a safe and adjustable electrical impulse or vibration to trainee. Enhances V-Threat-Fire® 5000610 V-TF $4,406.69 2.00 $8,813.38 realism and simulates physical threats during VirTra Training. No eye protection required. Requires wireless station,included. Requires VOS 5.0.36 or higher to integrate. Total Price $316,873.09 S&H $1,590.00 Tax $23,449.89 Grand Total $341,912.98 Sales Terms and Conditions for Direct Sales to End Users/Buyer 1. Precedence.This Sales Terms and Conditions for Direct Sales to End Users/Buyers"Agreement"applies to Buyer's purchase of Goods and Services, as defined below,when purchased directly from VirTra"Seller".Any purchase of Goods and Services sold by Seller is expressly subject to and conditioned upon the terms and conditions set forth herein. By accepting delivery of the Goods and Services, Buyer accepts and is bound by this Agreement.Any different or conflicting additional terms set forth by, whether in Buyer's purchase order or another communication, are expressly rejected and will not be binding on Seller unless agreed to in writing by an authorized officer of Seller. Now therefore,for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged by the parties,the parties agree as follows. 2. Definitions: The following capitalized words shall mean: "End Users/Buyer"means the organization or person who buys Seller's Goods and Services. "Goods and Services"means without limitation,the articles, products,accessories, and services to be supplied to Buyer by Seller."Technology and Intellectual Property Rights"means all patents, registered and unregistered designs, copyright,trademarks, know-how, software,firmware, hardware, systems,components, or assemblies. "Seller"means VirTra, Inc., located at 295 E. Corporate Place, Chandler,AZ 85225, USA. 3.All Sales Final.All sales are final, and no returns, refunds or exchanges of the Goods and Services are allowed,except as provided by state or federal law, and,to the returns, refunds or exchanges are required by law, must be preapproved by Seller's Return Merchandise Authorization (RMA)form. 4. Restocking Fees. In Seller's sole discretion, all returns, refunds, or exchanges may be charged a restocking fee of up to 15% of the purchase price paid, plus any applicable shipping and sales tax, unless the returned product is defective, or the return is a direct result of Seller's error. 5. Payment Terms.Terms of payment are within Seller's sole discretion and, unless otherwise agreed to by Seller in writing, 50% deposit payment must be received prior to Seller's acceptance of an order with the remaining 50% balance due 30 calendar days of the date of receipt..Payment for Goods and Services will be made in United States currency($US Dollar)by a preapproved payment method. Credit card payment terms must be preapproved by Seller's Finance Department and if approved, invoices are due and payable within the time period noted on invoices, measured from the date of the invoice.An additional 3%fee will be charged to cover processing costs. Seller may at its sole discretion invoice parts of an order separately. No discounts shall be given for early payments. 6. Delivery and Acceptance: Upon acceptance City taking possession of Equipment and after completed installation, 7. Go Live Date:The equipment shall be fully operational no later than December 31, 2025. Failure to meet these dates shall constitute a material breach of contract. City shall be entitled to reimbursement of all sums paid if this deadline is not met. 8. Suspension or Cancelation: Seller may suspend or cancel Buyer's order for any failure by Buyer to comply with agreed upon payment terms. Seller is not responsible for pricing,typographical, or other errors in any offer by Seller and reserves the right to cancel any orders resulting from such errors. 9. Late Payments. Interest and late payment fees may be calculated from the day after the payment's stated due date through 5 VirTra 295 E.Corporate PI,Chandler,AZ 85225 USA I TOLL FREE:800.455.8746 PH: 480.968.1488 FAX: 480.968.1448 1 WWW.VIRTRA.COM the date payment is received in full, at the maximum legal allowable interest rate in effect on the applicable dates. 10. Taxes.Sales tax, end user tax, pass-through tax,value-added tax(VAT),transaction privilege tax,consumption tax, customs tax and/or duties are the sole responsibility of Buyer, and Buyer agrees to reimburse Seller for all applicable taxes that Seller is required to collect, regardless of the tax amount being excluded from Seller's quotes or Buyer's Purchase Orders. 6 VirTra 295 E.Corporate PI,Chandler,AZ 85225 USA I TOLL FREE:800.455.8746 PH: 480.968.1488 FAX: 480.968.1448 1 WWW.VIRTRA.COM 11. Tax Exemption. If Buyer requests tax exempt status, then Buyer must provide Seller with a correct,valid,and signed tax exemption certificate applicable to the specific Goods and Services purchased, relevant to the end use location, prior to Seller invoicing. If an invalid tax exemption certificate is received or no tax exemption certificate is received, it will be the responsibility of Buyer to pay all required taxes.Additionally, it will be Buyer's responsibility to obtain any tax refunds permitted if Seller has collected and remitted taxes to a taxing authority. 12. Shipping,Title, Risk of Loss. Shipping and handling costs will be added to all invoices unless otherwise expressly indicated and agreed to in writing at the time of sale. Seller reserves the right to make partial shipments unless specifically stated otherwise on Buyer's signed Pro Forma Invoice or purchase order and such shipping terms are pre-approved by Seller in writing. Products may ship from multiple locations following the rules of the International Commercial Terms(Incoterms)as published by the International Chamber of Commerce(ICC). Title and risk of loss passes from Seller to Buyer FOB Origin domestic or Free Carrier (FCA)international upon Seller's delivery to the named place of delivery, cleared for export,as mutually agreed by both buyer and seller. Once seller is deemed to have delivered goods to the named place of delivery,the buyer is responsible for both unloading the goods and loading them onto their own carrier. Seller shall invoice upon shipping.Any loss or damage that occurs after seller's delivery is Buyer's responsibility. Buyer must promptly file claims for damaged items with the freight carrier. Shipping dates are estimates only. 13. Excusable Delays. Seller will use commercially reasonable efforts to deliver all products ordered as agreed or as soon as reasonably practicable. In the event of interruption of any delivery due to causes beyond the reasonable control of Seller, including,fire, labor disturbances, riots, accidents, or inability to obtain necessary materials or components, Seller has the right, in its sole discretion and upon oral or written notice to Buyer,to delay or terminate the delivery. 14. Not for Resale or Export. Buyer represents and warrants that they are buying Seller's products for the specified end user, and Buyer will not resale or export Seller's products to a country other than the country listed as the Buyer's shipping destination. The shipment of certain Seller products outside of the United States of America (USA)is restricted by US federal law and neither Seller's products nor the technology can be exported out of the US without Seller's prior written approval. In addition, certain Seller Products require a validated export/import license(DSP 5, 61, or 73)prior to shipment to certain countries. If required, Buyer agrees to submit the required paperwork to Seller to process an application to obtain the required import/export license(s) from the US State Department. Seller cannot guarantee US State Department approval and has the right to cancel any item(s)not approved for import/export by the US State Department. 15. Regulations and Restrictions. Buyer agrees to comply with all applicable laws, codes and license requirements, and controls of the United States and other applicable jurisdictions in connection with the use of Seller products including Buyer's acceptance of responsibility for the payment of any relevant taxes or duties. Buyer is responsible for understanding and verifying all local laws, regulations, restrictions and building code requirements for the purchase, delivery, receipt, storage, installation and use of Seller's Goods and Services. Seller may suspend or cancel Buyer's order, at Seller's sole discretion, for violation of regulations and restrictions. 16.Technology and Intellectual Property Rights. Buyer agrees that Seller claims, and has claim to,various proprietary rights of its Goods and Services, and Buyer agrees to take reasonably necessary steps to ensure that Seller's rights will not directly or indirectly be violated,which the parties agree would cause irreparable harm to Seller. Except for the license to use the Goods and Services, the sale of Goods and Services will not confer upon Buyer any license, express or implied, under any patents, trademarks, trade names,or other proprietary rights owned or controlled by Seller, its subsidiaries, affiliates, or suppliers; it being specifically understood and agreed that all the rights are reserved to Seller, its subsidiaries, affiliates, or suppliers. Buyer may not obscure, remove, or alter any copyright, trademark, service mark or other proprietary notices or legends on the products. 17. Design Changes. Seller reserves the right to make changes in design of any of its products without incurring any obligation to notify Buyer or to make the same change to products previously purchased by Buyer. 18. Reverse Engineering. Customer acknowledges and agrees that the products are the confidential,valuable, and proprietary assets of VirTra, and the parties agree that improper use or disclosure of the products would cause VirTra irreparable harm. Accordingly, as a material element of this Agreement and as an inducement for VirTra to enter into this Agreement, Customer hereby agrees that Customer shall not: (a)create or attempt to create by reverse engineering, disassembly,decomplication or otherwise, the internal structure,the source code, hardware design,or organization of any Product, or any part thereof, or to aid or to permit others to do so,except and only to the extent expressly permitted by applicable law; (b)copy, modify, or translate any portion of the products, unless otherwise agreed, develop any derivative works thereof or include any portion of the software in any other software program; (c)separate the Product into component parts for distribution or transfer to a third party;and (e) attempt to make or to aid or permit others to make similar products to the software or products with or without enhancements, upgrades, or modifications. 19. Severable Provisions. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction,then the remainder will remain in full force and effect and any invalid provision(s)will be modified or partially enforced 7 VirTra 295 E.Corporate PI,Chandler,AZ 85225 USA I TOLL FREE:800.455.8746 PH: 480.968.1488 FAX: 480.968.1448 1 WWW.VIRTRA.COM by the court to the maximum extent permitted by law to effectuate the purpose of this agreement. 20. Limitation of Liability.To the maximum extent allowed by law, in no event shall Seller's cumulative liability to any party for any loss or damage resulting from any claims, demands, or actions arising out of or relating in any way to any purchase from Seller exceed the amounts received by Seller under the relevant purchase order, notwithstanding third-party purchases. In no event will Seller be liable for any special, indirect, incidental,exemplary, punitive, or consequential damages, however caused, whether for breach of warranty, breach of contract, negligence, strict liability,tort or under any other legal theory, even if Seller has been advised of the possibility of those damages or if those damages could have been reasonably foreseen, and notwithstanding any failure of essential purpose of any exclusive remedy provided in the Warranty. Seller disclaims any representation that it will be able to repair any product under Warranty or make a product exchange without risk to or loss of programs or data. Buyer agrees to assume all risks of loss and all liability for any damages and personal injury which may result from use or misuse of Seller product. Seller is not liable for any claims made by a third party or by Buyer for or on behalf of a third party. 21. Relationship of Parties. Nothing contained in this Agreement shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in this Agreement shall be deemed to construe either of the parties as the agent of the other. Assignment and Sub-Contracting.The contract between Buyer and Seller for the Goods and Services shall not be assigned or transferred, nor the performance of any obligation sub-contracted,without the prior written consent of both Buyer and Seller.The parties agree that such consent shall not be unreasonably withheld. 22. Entire Agreement.This Agreement constitutes the entire agreement between the parties.This Agreement supersedes and replaces any prior agreement or understanding between the parties, including any oral representations concerning the subject matter of this Agreement.Any prior or extrinsic representations or agreements,with the exception of the product warranty, if provided and any service and license agreement(s),are intended to be discharged or nullified. 23. Governing Law,Jurisdiction, and Venue.The laws of the State of Arizona, USA govern this transaction and Agreement, without regard to conflicts of law.Any litigation regarding the interpretation or enforcement of this Agreement shall be resolved in the State of Arizona, Pinal County and the parties agree to such exclusive jurisdiction.The parties expressly reject any application of the United Nations Convention on Contracts for the International Sale of Goods("CISG")to this Agreement and the associated transactions. 24.Warranty. Seller warrants the product manufactured by Seller for a period of one year from delivery to the agreed delivery point('Warranty Period')will materially conform to Seller's standard specifications available from the Seller for the product at the time of the issuance of the Purchase Order. Seller further warrants that the product, at the time of delivery,will be free from defects in material and workmanship for the Warranty Period. For third party Products not manufactured by Seller, Seller's only responsibility is to assign to its customer any manufacturer's warranty that does not prohibit such assignment. Product and parts that are consumed in normal operation are not covered by this Warranty. Notwithstanding the foregoing, Warranty and support may be void for any and all equipment damaged or destroyed by improper handling, use or misuse. To the maximum extent permitted by law, Seller's Warranty and the remedies set forth in that Warranty are exclusive and in lieu of all other warranties, remedies, and conditions,whether oral or written, statutory, express or implied, as permitted by applicable law, Seller specifically disclaims any and all statutory or implied warranties, including without limitation,warranties of merchantability, design,fitness for a particular purpose, arising from a course of dealing, usage or trade practice,warranties against hidden or latent defects, and warranties against patent infringement. Seller may provide VirTra certified refurbished parts. If Seller cannot lawfully disclaim statutory or implied warranties than to the extent permitted by law,all such warranties are limited to the duration of the express warranty described above and limited to the other provisions contained in this warranty statement. The remedies provided for in the warranty are expressly in lieu of any other liability Seller may have. 25. Buyer Ordered Delivery Delay. In the event of a delivery delay ordered by Buyer, the parties agree to make use of the following:Whereas the Customer has purchased certain products and services from VirTra under the Purchase Order; and Whereas the Customer has directed VirTra to hold and store within its premises the delivery until further notice; and Whereas VirTra shall ship the products FOB destination; and Whereas this Addendum does not operate as an acceptance of goods by the Customer. Now therefore,the parties agree that that VirTra has met its delivery obligations under the terms of sale upon meeting the following condition:VirTra shall provide to Customer photographs documenting that the Purchase Order is ready for shipment. An email from Buyer citing this section 23 shall be sufficient for the parties to process as described herein. 26. Insurance: Seller,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 8 VirTra 295 E.Corporate PI,Chandler,AZ 85225 USA I TOLL FREE:800.455.8746 PH: 480.968.1488 FAX: 480.968.1448 1 WWW.VIRTRA.COM under the terms of the Agreement is satisfactorily completed and formally accepted;failure to do so may,at the sole discretion of City,constitute a material breach of this Agreement. Seller'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. Seller shall be solely responsible for the deductible and/or self retention and City,at its option, may require Seller 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 Seller of any deficiencies in such policies and endorsements,and such receipt shall not relieve Seller from,or be deemed a waiver of,City's right to insist on strict fulfillment of Seller'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 Seller shall maintain Cyber and 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 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 B,CG 20101185, or the equivalent thereof,and shall include coverage for Seller's operations and products and completed operations. If required by this Agreement, if Seller sublets any part of the work, services or operations, Seller shall purchase and maintain,at all times during prosecution of the work, services or operations under this Agreement,an Owner and Seller's Protective Liability insurance policy for bodily injury and property damage, including death,which may arise in the prosecution of Seller'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 Seller's Commercial General Liability insurance. Professional Liability Seller 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 Seller,or any person employed by Seller,with a limit of not less than$1,000,000 each claim. Certificates of Insurance Prior to commencing work or services under this Agreement, Seller shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Seller'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, 9 VirTra 295 E.Corporate PI,Chandler,AZ 85225 USA I TOLL FREE:800.455.8746 PH: 480.968.1488 FAX: 480.968.1448 1 WWW.VIRTRA.COM 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 Seller's work or services and as evidenced by annual Certificates of Insurance. 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. 26. Permits & Fees: Unless otherwise provided in this Agreement, Seller 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. Seller 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. Seller represents and warrants that any license necessary to perform the services under this Agreement is current and valid. Seller understands that the activity described herein constitutes"doing business in the City of Apache Junction" and Seller 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. Seller 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, Seller agrees to pay all applicable privilege and use taxes that are applicable to the activities, products and services provided under this Agreement. Prohibition to Contract with Sellers 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. 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,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 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. 28. 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. 10 VirTra 295 E.Corporate PI,Chandler,AZ 85225 USA I TOLL FREE:800.455.8746 PH: 480.968.1488 FAX: 480.968.1448 WWW.VIRTRA.COM -Signature follows- The Buyer agrees that this Agreement shall govern all purchase orders and related transactions. Buyer: Signature: Printed Name: Date: SELECT PAYMENT METHOD Credit Card; include contact information only(subject to limits) Purchase Order: Check: Other(please specify): 11 VirTra 295 E.Corporate PI,Chandler,AZ 85225 USA I TOLL FREE:800.455.8746 PH: 480.968.1488 FAX: 480.968.1448 1 WWW.VIRTRA.COM 12 ►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. 5. 'Piz oN* File ID: 24-749 Sponsor: Sidney Urias Agenda Date: 9/16/2024 Index: In Control: City Council Work Session Presentation and discussion on the Home Sweet Home program, which will offer free house plans for Apache Junction residents. City of Apache Junction,Arizona Page 1 Printed on 911212024 O� PQACHE✓G'L n� � z City of Apache Junction »> Development Services Department wY�M4 gPiz'0 CITY COUNCIL WORK SESSION STAFF MEMO DATE : September 16, 2024 TO: Honorable Mayor and City Council Members THROUGH: Bryant Powell, City Manager Rudy Esquivias, Development Services Director BACKGROUND Due to all-time high housing costs, the City Council has expressed a need and a path forward to reduce the barrier to entry for housing. Therefore, over the last few months Development Services staff has been working on implementing a new program called Home Sweet Home. The Home Sweet Home program will offer full construction plans for one-bedroom, two-bedroom and three-bedroom homes at no cost for a City of Apache Junction resident. Homes range from 880 square feet to 1, 827 square feet while offering exterior finish options as well as carport or garage options . Floor plans are meant to be functional and simple to construct in order to avoid additional costs and complications while under construction. Because these plans have already been paid for and vetted through our Building Safety Division, the cost savings associated these plans range from approximately ten thousand ($10, 000) to twenty thousand ($20, 000) dollars . Homes can either be used as a main residence or a guest residence as long as all Zoning Ordinance regulations (setbacks, lot coverages, minimum distance requirements, etc. ) are met through the Site Plan review process . Home Sweet Home Program September 16,2024 City Council Staff Memo 1 After a successful building application is submitted, processed and reviewed by the City, a resident can receive building permit approval in one (1) to three (3) business days depending on current workload. If the Home Sweet Home program is successful, the City is enthusiastic to further invest into a diversification of additional floor plans and designs for Apache Junction residents . Sid vtey Uvtcw Prepared by Sidney Urias Planning Manager Home Sweet Home Program September 16,2024 City Council Staff Memo 2 -I Home Sweet Home ........................ ....... .. . .......... ...... .. ............ --- ------------ -------------- ► Sweet 9 Pro ram Pr9gram Free Home Plans for City oI /� ache Junction Apache Junction Residents CityCouncil Work Session Meeting September 16, 2024 I. WI . I I; fit I'Ij What is the intent of the Home Sweet Home Program .? • City Council initiative to help with the affordable housing crisis • Improves and replaces aging housing stock • Homes are meant to be simple, functional and cost-conscious to construct What is included in the plans .? • Fully designed building plans for one, two, or three- bedroom options • Floor plan, elevations, carport or garage options, plumbing, electrical, mechanical, framing, foundation plans, construction details and truss designs (est. value of 10k -20k) Of How does the Home Sweet Home Program work .? • Anyone who resides in Apache Junction can request the use of the plans • Proof of residency required, site plan, building application, liability waiver and utility agency approvals • Site plan must show compliance with associated zoning regulations (setbacks, min . distances between structures, FPE's. etc . ) Process 1 . A resident must request the desired plan by applying online at mgoconnect . org 2 . Application must be possessed, deemed compete and fees paid ( inspection costs, development impact fees if applicable ) 3 . Applications will take 1-3 business days to in- process and out- process 1 �- J What Options r ? a eav il Ia a e .noun..uuni■unl■u.a■�u�l■nnl■iva■n..un..1■u•:,dII111■I gill■1 gill■IIMIliIII■Illl SHOW I III Niel II■IIIII�n. /IIIII■III II■MI III I ill■11111■11111■I1111■IIIII■II111■Illllrl!:il■I1111■I1111■IIIII■IIIII■IIIII■II111■Illll■IIIII■IIIII■IIIII■IIIII■III min •_ ' ..�I■IIIII■I11I loll 111■IIIII■I1111■IIIII■I1111■I1111■I1111■IIIII!:illl■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■Ill�i.. ��d11■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■I1111■IIIII■IIIII■Illr;ii1111■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■11111■Illll■IIIII■II..,_ .'dill I1■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■1!!ii�11111■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■I�... ...I■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII!:;ill■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■Illl�i.._ ..dill■IIIII■IIIII■IIIII■IIIII■MIMI111■IIIII■I HIM I III■11MZ ill Ill IIIIloll III■IIIII■III MINI IIII■II loll III Ill III1isill MINI IIII■I HIM li11■IIIII■IIIII■IIII loll III■I1111■I1111■I IIII■IIIIMI111■111aw.. .,IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■II!Si�I11I1■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■IIIII■Ili:.. Plan 1 : One Bedroom — 880 Sq . Fte m — SEEN 11001 _ _ _ - - = = = I I► _ • Building Permit Cost : approx. $400 = _ , . ..9111111 o 0 110 Plan 2 : Two Bedroom — 1220 Sq , Ft , STORACE ow 51w Building Permit Cost : approx. $550 K01Mo Knxm RANGE 1U1 � /: MICFQCWAVE `j►�.; �' SET Plan 3 : Three Bedroom — 111827 Sq . Ft . � � • LCLO • Building Permit Cost : approx. $800 El 2-CAR CARPORT UVM BEDROOM #3 BEDROOM <B 0 covew BMY ■ Are there any restrictions .? Plans can not be modified and must be built per approved plan ; any deviations will require plans to be resubmitted for review and approval, and subject to the full cost fees . Next Steps .? If the Home Sweet Home program is successful , we can anticipate additional plans being offered in the future . 0 • • . k OR • • • • Apache junction to offer free N • design plans for affordable �- housing • I / ♦ ~_'I ' �: i Coming Soon:free Home Design Plans • • . � • • • . • , • � •;-.-I � _• -- "Y� to 9e11tee Mme/nigh p4min I tlm ra.�Psi Comty --•.—.•..+ ..N-..- N • ; i �r.....���.r.r.r.♦r ram. — � �LYI�.r....NrCY• � . w .rnAr..r r•�1w.l.�w • .��.r.�^. 'bow PNO Now.Pin" 01, n'I� urn► � l Home Sweet Home: Free Home Design Pla-3s.L.... • • • • • • • • • • Free Home Designs Plans Now Available! E,.N.q new cpMms ere now evdltiv Jaw 1he.W faawrry &Wo.fJfe houunq op1gM et Apwr a Jtlt W-Tnafww to ev Home Sweet ------------- mm • , torch of ma•Howm Sweat Hoed vovam live Pease _ / ....:........_ • • d"W PUM we tow Ma"M lihmu h the car i - Deyefaontom Servrea Dmartrnent 1 Pr(�gram L M ThiY YMprdapy n1aJaY,g epCv'q Wv'pYtrgse ete c"ext~of allordeDle hc%,a nYpugh the oiler tv of pre- approved dasgn and conalnxaor•pant of varous urns which are PmvK*d to homemr.,ten tree of charge. - Get Started - , - . • - . - - Epp One:Down/??d aro Io,~the stc.,'e steel He" P-,wm iroh, we 1PDFl • iaai lleo:tiMeet Year Oeavvd Froorppr,now,tN(7otona + No Thm; • • • • • • a • • . loorpra ar-4 s"nt af rovww s,a P ootwaf L a fa that 1 1 SMp Fo tr:P,upa,e to m-o•x.your now to env Swvaf H= I BEDROOM L BEDROOM 2 BEDROOM 2 BEDROOM 3 BEDROOM 3 BEDROOM PLAN HEFT PLAN(RIGHT PLAN(LEFT PLAN(RIGHT PLAN(LEFT PUN(RIGHT ELEVATIONI ELEVATION) ELEVATION) ELEVATION) ELEVATION) ELEVATION) • dh Requirements and Documents Begin typing here to odd o section title �C:.._ti Hare to�-a:•��o a:c._v_,.�.-..cv,1•..�71K,w-_v_�Lies'tart.vti tom Pam._ rJ A4d anorhv'evcfwvn Home Sweet Home I Program FAQs Ht CID i tir-ow-I mr CrOQftl'r h rra.aclw W m yl:9aw'+ r t 00, • 1 rri�� uest 'ions i h 1 — t '-�r•�' •�`• • f 40 I t - y Iff y - e1-.7.��Yr _ � __ _. A_ .�..t.�_...�J _ _ � -4 1 •ice: 1 / - I _ -• � ':�1- �'�._�!'�'�a\ . - {^_6 n1L•_ ___ 0 ' • • • 0 El • [oil l.J D� S+aOWER RE=R Ir ❑ KITCHEN / i 07 Q- EATIVC' BATH TEM LA LAV- 0 ❑ 22' x 30' R 4 S 4TTIG , AGCE WALK- N cn 10 O�v>CR5 _ CEILING Rl'A u, SLOSET OvERNEA0 GRIL— � / �, DOOR CARPORT ❑ a ' I.JOOD POSTS TYP. b X 6 9 LIVM -0. BEDROOM I A COVERED ENTRY DRESS i End • MEN C + ECG g8 LL SINK W7 DW dj •9 ma-EN w C) C; aeovE---4 BEDROOM #2 - •36' � _ ❑ ❑ BATH #2 T� ,-+F Al ® ♦ I I IFQ-1 D �1 ■�/ AREAp W.G. WrAOCE---�,t C1 A TLO 0 ♦ �� x C ' BATH # D DOUBU CARPORT accEft �o {Jrm _ - -t � t -r / - BEDROOM f1 -•F. b r. b ro5r / w ' v COVERED ENTRY °a _ y .8• r rr<� General Plan Goals Goal 3 . 2 ,' Diversify housing stock and neighborhoods by incorporating a variety of housing types and associated values to allow for a diverse demographics of residents . Goal 3 . 3 -, Maintain and attract a quality housing stock in condition , design , and construction standards . Goal .3 . 4 : Incorporate sustainable practices in all housing development . Goal 9 . 3 : Encourage infill development Goal 11 . 3 : Revitalize older neighborhoods and the downtown . ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard 01 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No.6. PizoNr File ID: 24-475 Sponsor: Jennifer Pena Agenda Date: 9/16/2024 Index: In Control: City Council Work Session Presentation and discussion on purpose of Health & Human Services commission. City of Apache Junction,Arizona Page 1 Printed on 911212024 Health & Human Services Commission Overview September 16, 2024 � , • Community Health Commission / Health & Human Services Commission Originally established January 7, 1981 ■ To hold public hearings to determine public health needs ■ 1989-To conduct public hearings to determine the needs of the city residents with regard to public health needs, provision of human services, and care of the elderly, handicapped and developmentally disabled ■ To ensure the development of community health care for all individuals with minimum interference from outside services ■ 1989- To enhance the development of the public health through public forums, seminars, and work with other agencies Community Health Commission / Health & Human Services Commission ■ Address methods of transportation and health care for the elderly ■ To make recommendations to the city council regarding elderly health care and emergency transportation programs ■ Review and recommend to the City Council the approval or disapproval of any healthcare system originating outside the corporate limits and those operating within the corporate limit ■ To review requests submitted by health and human service providers (non-profit agencies) for city funding and to mak recommendations to the city council regarding such fund' Community Health Commission/ Health & Human Services Commission • To aid in the development of health facilities and to attempt to locate and coordinate community needs with medical professionals in desired fields • To assist in the development of healthcare facilities • 1989 formed HHSC to research creating a Health Department in the community & what services it would provide • Present a hospital development plan to outside agencies, coordinate with city staff to ensure proper planning and zoning Funding ■ Priority is placed on direct services to residents (funds were not meant for agencies utility, rent, operating costs, etc.- 1992) ■ Medical and Psychological Services appeared to be a priority ■ Elderly/Seniors and Handicapped residents ■ Agencies must coordinate efforts to minimize repetitive services and must work together to maximize resources and benefits Funding Request Requirements AJ City Code 2-14-1 6 2-14-1 REQUESTS FOR NON-PROFIT FUNDING. (A) Required documentation. Any non-profit agency submitting a request for an allocation or grant of city funds shall submit to the city specific documentation including, but not limited to, the following: • A copy of the agency's most recent audit report; • a certified copy of the agency's most recent financial statement; • detailed expenditure statements in order to provide a detailed accounting of all funds previously received from the city; • complete information on the source and amount of funding received from all other sources such as non-governmental agencies, • membership fees and dues, and private contributions; Funding Request Requirements AJ City Code 2-14-1 6 2-14-1 REQUESTS FOR NON-PROFIT FUNDING. • client service information as it applies to residents of the city; • proof of non-profit status as determined by the Internal Revenue Service; • proof of corporate status to include copies of by-laws and articles of incorporation; • the source and amount of funding received from other governmental agencies; • the names and addresses of current board members; • and any other documentation as may be deemed necessary by the city. Funding Request Requirements AJ City Code 2-14-2 2-14-2 REQUESTS FOR NON-PROFIT FUNDING All requests for financial assistance shall comply with the following stipulations and conditions: (A) All requests shall be filed by or on behalf of a valid, non-profit organization as qualified by the Internal Revenue Service and as registered with the Arizona Secretary of State, Arizona Corporation Commission or other appropriate state office. The registration shall be current and documentation of such status and registration shall be provided at the time of the request. This article shall not apply to governmental or quasi- governmental jurisdictions; (B) All requests shall be submitted to the City Clerk during the month of January of each year in order to be eligible for consideration in conjunction with the subsequent fiscal year budget; (C) All requests received in accordance with division (B) above shall be referred to the appropriate city board or commission for purposes of review and recommendation to the Council; and (D) In those instances where a request is due to catastrophic circumstances or when the public health, safety and welfare is at risk, the requirements of this article may be waived by action of the Council. It is preferable, however, even in such instances, for the request to receive a review and recommendation from the appropriate city board or commission. Boys and Girls Club Receive funding from the Parent corporation 95% of the club members are Apache Junction residents AJ resident-specific visits per month - Repetitive visits per family- non-repetitive visits - Yesteryear Annual fundraiser —funds stay in AJ 2023 $175,000 2024 $(unavailable at time of publication) Programs offered for elementary school kids: Power Hour, Smart Moves, Meditational Art, Academic Game Board Creations, My Future.net, Torch Club, and Wee Deliver. Programs offered for teens: My Future.net, Meditational Art, Career Launch, Smart Moves, Money Matters, and Torch and Keystone Club. Superstition Food Bank Q4-'24 101,499 clients served 1-2 household visits per month 3,770 Residency - Address verified Volunteer hours 4,932.75 Most served age group 60+ (Dup) Most served age group 60+ (Unique) 60+ =1757 / 36-50 =825 60+ =678 / 36-50 =393 individuals age group (Oup) Individuals age group (Ind) 60-, -7592/ 36-50 - 1607/ 25-35 =1215 60+ =1006/ 36-50 =728/ 25-? '- =540 City Households (dup) City Households (Ind) AJ-2404/Mesa-922/SanTanV -117 AJ-5921/ Mesa-3093/SanTanV-483/GC-247 ender Identity (dup, ender IdetILILy kui 11Lj j F-5388 M-5082 F=2377 M 2157 FY 2012- FY 2013- FY 2014- FY 2015- FY 2016- FY 2017- FY 2018- FY 2019- FY 2020- FY 2021- FY 2022- FY 2023- FY 2024-25 A G E N C Y 13 14 15 16 17 18 19 20 21 22 23 24 Superstition Community Food Bank 25,000 30,000 30,000 32,000 50,000 32,000 50,000 75.000 27,500 26,000 50,000 50,000 75,000 25,000 30,000 32,000 32,000 32,000 7,000 33,000 24,500 19,800 26,000 30,000 35,000 50,000-56,250 Boys and Girls Club of the East Valley 30,000 20,000 25,000 25,000 25,000 30,000 30,000 35,000 35,000 35,000 35,000 35,000 35,000 8,000 11,000 20,000 20,000 20,000 30,000 29,000 24,500 16,700 24,500 11,580 5,674 9,100-10,237.50 Community Alliance Against Family Abuse 14,500 14,000 18,000 24,000 24,000 25,000 20,000 18,000 18,000 Did not 21,263 Did not 7 000 (CAAFA)2021-A New Leaf 14,500 14,000 18,000 20,000 20,000 25,000 16,000 16,000 17,450 apply 5,760 apply 6,000-6,750 Horizon Health&Wellness 20.000 25,000 Did not Did not 7 060 3.228 15,000 9,500 apply apply 7,060 400-450 24,000 24,000 6 260 6 400 AJ CDC 200 6,000 6,000 6,260 5,010 3,5007 3,937.50 Bigger Than Us 15,000 5,000-5,625 Begin Again Homes 12,550 3,000-3,375 Desert Chapel 101,808 3,000-3,375 12,0'J 12,185 22,800 22,800 Genesis Project 1J,5_i 11,300 22,800 20,000 Did not apply Otherside Ministries 10,000 Did not aopw 7,256 15,355 39,600 Did not Did not apply Salvation Army 12,200 3,600 apply East Valley Adult Resources(for Apache 30,000 30,000 30,000 30,000 40,000 Junction Senior Center 26,000 30,000 30,000 28,000 0 E.V.Adult Resources(van transportation) NA 45,000 40,000 30,000 35,000 0 0 0 0 United Way NA NA NA NA 7 735 50,000 10,000 0 10,000 2,000 CITY COUNCIL MEETING ROLL CALL Date: Work Study Regular Spe S:q;o E: S:q.,o E:h. 3 E: CITY COUNCIL: Present Ab/excu Present Ab/excu Present Ab/excu MAYOR W I LSO N ✓ 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 City Clerk Jennifer Pena City Attorney Joel Stern IT Director Doug Wirthgen Mrkt Comm Director Kayla Fulmer / Public Safety Director Michael Pooley Public Safety Assistant Johnny John Dev Services Director Rudy Esquivias PW Director Ted Wolff Parks& Rec Director Liz Langenbach Econ Director Patrick Ainsworth Library Director Pam Harrison Finance Director Angelie Hawley FIR Director Anna McCray Water District Director Mike Loggins Municipal Judge A. Doug LaSota Deputy City Clerk Evie McKinney / Planning Manager Sidney Urias Building&Safety Mgr AdrianAlegria Senior Planner Kelsey Schattnik Planner Erica Hernandez Planner Nick Leftwich PW Project Engineer Raquel Schatz City Engineer Emile Schmid Management Anaylyst Rob Wistler i�ih� ✓�swl Cvo.� City Council VOTE - ROLL CALL ITEM # MEETING OF �- MOTION BY: S Leer SECONDED BY: NOTES:_'osaf ,+' YES NO ABSTAINED CITY COUNCIL: COUNCILMEMBER CROSS COUNCILMEMBER HECK COUNCILMEMBER JOHNSON VICE MAYOR SCHROEDER COUNCILMEMBER NESSER ✓ COUNCILMEMBER SOLLER MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL U P Vote sheet S:/5—Templates&Forms/Vote Call—City Council City Council VOTE - ROLL CALL ITEM # MEETING OF MOTION BY: Zh11=eA SECONDED BY: A\kOkt� NOTES: 7 aJ _ YES NO ABSTAINED CITY COUNCIL: VICE MAYOR SCHROEDER COUNCILMEMBER NESSER ✓ COUNCILMEMBER HECK ✓ COUNCILMEMBER SOLLER COUNCILMEMBER JOHNSON ✓ COUNCILMEMBER CROSS MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL d Vote sheet 6! , S:/5—Templates&Forms/Vote Call—City Council City Council VOTE - ROLL CALL ITEM # 13 MEETING OF 9-1 �} - MOTION BY: SECONDED BY: 1S6(PA_ NOTES: YES NO ABSTAINED CITY COUNCIL: COUNCILMEMBER HECK 1/ COUNCILMEMBER CROSS ✓, VICE MAYOR SCHROEDER 1/ COUNCILMEMBER NESSER ✓ COUNCILMEMBER JOHNSON COUNCILMEMBER SOLLER MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL 1 Vote sheet 4 S:/5—Templates&Forms/Vote Call—City Council City Council VOTE - ROLL CALL ITEM # -I MEETING OF MOTION BY: ��11-�G^� SECONDED BY: NOTES: Q^ — --4-5 1 UE(t) 709� -79�2 YES NO ABSTAINED CITY COUNCIL: COUNCILMEMBER CROSS ✓ COUNCILMEMBER HECK COUNCILMEMBER JOHNSON VICE MAYOR SCHROEDER COUNCILMEMBER NESSER COUNCILMEMBER SOLLER MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote sheet 5 S:/5—Templates&Forms/Vote Call—City Council City Council VOTE - ROLL CALL ITEM # S MEETING OF MOTION BY:_NAX,gD SECONDED BY: NOTES: YES NO ABSTAINED CITY COUNCIL: VICE MAYOR SCHROEDER ✓ COUNCILMEMBER NESSER 1/ COUNCILMEMBER HECK COUNCILMEMBER SOLLER COUNCILMEMBER JOHNSON COUNCILMEMBER CROSS ✓ MAYOR WILSON TOTAL UNANIMOUS IN FAVOR (OPPOSED ABSTAINED TOTAL Vote sheet 6 S:/5—Templates&Forms/Vote Call—City Council Jv1 CITY OF APACHE JUNCTION „ Mayor's Script Regular Meeting Tuesday, September 17, 2024 A. CALL TO ORDER I would like to call this City of Apache Junction Council Meeting of September 17, 2024, 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. CONSENT AGENDA 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 September 3, 2024. 3. Consideration of approval of award of contract to Chasse Building Team for Library restroom remodel, utilizing the 1GPA Cooperative Contract #23-15PV-02, in an amount not to exceed $135,620. 4. Consideration of approval of award of contract to FM Solutions Management for a city facility condition assessment utilizing the City of Phoenix Cooperative Contract No. CON159213-0 in an amount not to exceed $131,694. Do I have a motion on the consent agenda? wait for the motion and the 2nd Roll Call. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS 5. Presentation of APRA award winners. Call on Liz Langenbach 6. Proclamation designating the week of September 17 through September 23, 2024, as "Constitution Week." F. REGIONAL INTERGOVERNMENTAL UPDATES 7. Regional Intergovernmental meeting updates from Council. G. CITY MANAGER'S REPORT 8. City Manager's Report. Bryant to report 9. Presentation and update on Friends of Apache Junction Call on Fox Young 10. Presentation and update on Prop 486 - Pinal County Road Maintenance Fund renewal. Bryant to report 11. Announcement of Current Events Eli to report H. PUBLIC HEARINGS 12. Consideration of application for a permanent extension of premises for Hitching Post Pizza Pub. Call on Jennifer A. Does the applicant wish to speak? B. Any discussion among the council council can discuss C. 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. D. I will now close the public hearing and ask for a motion. wait for the motion & the 2nd Roll Call. 13. Consideration of application for a permanent extension of premises for Paladino's. Call on Jennifer A. Does the applicant wish to speak? B. Any discussion among the council council can discuss C. 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. D. I will now close the public hearing and ask for a motion. wait for the motion & the 2nd Roll Call. 14. Consideration of application for a Class C Bingo License for VFW Post# 7968. A. Does the applicant wish to speak? Call on Jennifer B. Any discussion among the council council can discuss C. 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. D. I will now close the public hearing and ask for a motion. wait for the motion & the 2nd Roll Call. 15. Consideration of application for a Class B Bingo License for VFW Post # 7968 Auxiliary Call on Jennifer A. Does the applicant wish to speak? B. Any discussion among the council council can discuss C. 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. D. I will now close the public hearing and ask for a motion. wait for the motion & the 2nd 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. September 17, 2024 Consent Agenda Items Nos. 1-4 1 MOVE THAT the consent agenda be accepted and approved as presented. PUBLIC HEARINGS: Item No. 12 1 MOVE THAT the application for a permanent extension of premises for the Hitching Post Pizza Pub, located at 2341 N. Apache Trail, Apache Junction, AZ be recommended to the Arizona Department of Liquor Licenses and Control for (APPROVAL) or (DENIAL). If Denied must state the reason: Item No. 13 1 MOVE THAT the application for a permanent extension of premises for Paladino's Italian Eatery, located at 300 W. Apache ,Trail Suite 125, Apache Junction, AZ, be recommended to the Arizona Department of Liquor Liccenses and Control for (APPROVAL) or (DENIAL). If Denied must state the reason: Item No. 14 1 MOVE THAT the application for a Class C Bingo license for the George T. Diehl VFW Post 7968 be recommended to the Arizona Department of Revenue for (APPROVAL) or (DENIAL) If denied must state the reason. Item No. 15 1 MOVE THAT the application for a Class B Bingo license for the VFW Post 7968 Auxiliary be recommended to the Arizona Department of Revenue for (APPROVAL) or (DENIAL) If denied must state the reason. /17 T 'P14 EXE 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 #: r- � / ,E:--yn I would like to speak on a Non-Agenda matter regarding: Z (� Do you wish to speak before Council on this item? Yes No Only If Necessary I am in favor of the proposed Item. I am opposed to the proposed Item. —7�/ / O_LL_� First Name Last Name (PRINT) Address City Zi Code Telephone Email addreAs 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). Signature of Parent/Guardian Date 08/26/2019 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: 1 / Do you wish to speak before Council on this item? Yes_ 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 City Zip Code 4�'�� � e ephone 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)_ _ � 1 Signature of Parent/Guardian ate 08/26/2019