HomeMy WebLinkAbout2026 06.15 City Council Work Session Agenda City of Apache Junction, Arizona Meeting location:
City Council Chambers
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I" Z at City Hall
` s Agenda 300 E.Superstition Blvd.
\ - g Apache Junction,AZ
\Ri_ZONr 85119
City Council Work Session
apachejunctionaz.gov
Ph:(480)982-8002
Doors are open to the public at least 15 minutes prior to the
posted meeting start time.
Monday,June 15,2026 7:00 PM City Council Chambers
A. CALL TO ORDER
B. ROLL CALL
C. AGENDA ITEMS
1. 26-322 Presentation and discussion on contract renewal with the Greater
Phoenix Economic Council (GPEC).
Sponsors: Ryan Kaup
Attachments: Staff Memo to Council for GPEC Contract
Apache Junction FY27 Agreement GPEC
Exhibit A Action Plan FY27
Exhibit B FY27 Metrics
Exhibit C Target Industries
Exhibit D FY27 Reporting draft
Exhibit E Insurance Requirements
Exhibit F FY27 Regional Cooperation Protocol Policy
Presentation for GPEC 6.15.26
2. 26-320 Presentation and discussion on the Public Works Fiscal Year
2026-2027 Capital Improvement and Street Maintenance Plan.
Sponsors: Shane Kiesow
Attachments: Staff Memo to Council -FY27 CIP&Str Maint Plan
PW CIP FY27
Map FY27 CIP&Str Mtn Plan-North
Map FY27 CIP&Str Mtn Plan-South
City of Apache Junction,Arizona Page 1 Printed on 611112026
City Council Work Session Agenda June 15,2026
3. 26-321 Presentation and discussion for on-call consulting services for RFQ
PW 26-02 Engineering On-Call Services Fiscal Year 2027-2030,
authorizing the city to enter into agreements with consulting firms in
each of three service areas for on call consulting services.
Sponsors: Emile Schmid
Attachments: Staff Memo to Council for On-Call Engineering Services
RFQ-On Call Engineering Services
MEMO PW Engineering on call
4. 26-323 Presentation and discussion on agreement with Petroleum Traders
Corporation for the purchase and delivery of bulk fuel in an amount
not to exceed $900,000 for an initial one-year term with four automatic
one-year renewal options.
Sponsors: Mike Loggins
Attachments: Staff Memo to Council for Bulk Fuel Agreement
Agreement For Bulk Fuel- Petroleum Traders Corporation
Presentation-Bulk Fuel
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 611112026
City of Apache Junction, Arizona 300 E Superstition
Boulevard
U Agenda Item Cover Sheet Apache Junction,AZ 85119
` Agenda Item No. 1.
'Piz oN* File ID: 26-322
Sponsor: Ryan Kaup Agenda Date: 6/15/2026
Index: In Control: City Council Work Session
Presentation and discussion on contract renewal with the Greater Phoenix Economic Council
(GPEC).
City of Apache Junction,Arizona Page 1 Printed on 611112026
City of Apache Jnnetion
� M11-1 300 East Superstition Boulevard • Apache Junction, Arizona 85119
DATE: June 15, 2026
MEMORANDUM TO: The Honorable Mayor& City Councilmembers
MEMORANDUM THRU: Bryant Powell, City Manager
Matt Busby, Assistant City Manager
MEMORANDUM FROM: Ryan Kaup, Economic Development Director
SUBJECT: Greater Phoenix Economic Council (GPEC) Contract
Renewal FY 26/27
The City of Apache Junction, along with 21 other communities, contracts annually with the
Greater Phoenix Economic Council (GPEC) for regional economic development services. The
City of Apache Junction has partnered with GPEC for the past 18 years. Key benefits of this
partnership include prospect generation, marketing, and research analysis.
As part of the City's partnership with GPEC, Economic Development staff participates in
regional economic development activities, including responding to GPEC-originated business
attraction prospects and assisting with the formulation of an Action Plan (Exhibit A). Staff also
participates on the Economic Development Directors Team (EDDT) and attends strategic sales
missions with GPEC staff.
The annual contract amount for GPEC is based on the State of Arizona Office of Economic
Opportunity's 2025 population estimate for Apache Junction (44,934) multiplied by a fixed per
capita rate ($.4897). The City's contracted rate for FY2026-27 is thus $22,004.
During the previous fiscal year, Economic Development staff responded to 13 Requests for
Proposals (RFPs) generated by GPEC for companies considering relocation or expansion within
the Greater Phoenix region. These RFPs provided Apache Junction with the opportunity to
compete for projects with the potential to:
• Add up to 9,000 jobs
• Build/absorb up to 4.5 million square feet of industrial space; and
• Invest more than $12 billion in capital expenditures
Economic Development staff remains focused on attracting more speculative industrial space to
Apache Junction, which will improve the City's ability to land GPEC-originated projects. As a
reminder, most industrial companies relocating to the region prefer facilities that are already
completed or under construction.
Voice (480) 982-8002 • Fax(480) 982-7018 • TDD (480) 983-0095 www.ajcity.net
300 E. Superstition Boulevard, Apache Junction,AZ 85119
Apache Junction has achieved industrial momentum over the previous year with the completion
of WW Clyde's regional headquarters and Sundt breaking ground on their offsite manufacturing
facility. Additionally, a 25,000 square foot speculative industrial building is currently under
construction near Meridian & Apache Trail. Economic Development staff is confident that these
projects will encourage additional industrial developers to explore land sites in Apache Junction.
Councilmember Bambi Johnson is currently serving on the GPEC Board of Directors as Apache
Junction's elected representative.
Exhibits in the contract include an action plan, performance measures, target industries,
reporting mechanism for contract fulfillment, insurance requirements, and a regional cooperation
protocol policy. This item will be discussed during the June 15, 2026 Work Session and is
anticipated to be on the consent agenda for the July 7, 2026 Regular Meeting.
Voice (480) 982-8002 • Fax(480) 982-7018 • TDD (480) 983-0095 www.ajcity.net
300 E. Superstition Boulevard, Apache Junction,AZ 85119
ECONOMIC DEVELOPMENT AGREEMENT BETWEEN
THE GREATER PHOENIX ECONOMIC COUNCIL
AND THE CITY OF APACHE JUNCTION
This AGREEMENT is entered into between the CITY OF APACHE
JUNCTION, an Arizona municipal corporation ("City"), and the GREATER
PHOENIX ECONOMIC COUNCIL ("GPEC"), an Arizona non-profit corporation,
both of which may be hereinafter referred to collectively as the "Parties" or
individually as a "Party".
RECITALS
A. City desires to retain the services of a regional economic development
agency to undertake strategic worldwide economic development
initiatives including business recruitment, expansion and attraction to
bring additional jobs and positive economic outcomes to the Phoenix
region.
B. GPEC is one of the region's premier economic development groups for
regional economic development services for the Phoenix region.
C. The purpose of this Agreement is to set forth the regional economic
development program that GPEC agrees to undertake, the support that
the City agrees to provide, the respective roles of GPEC and the City and
the payment schedule between the City to GPEC for the 2026-2027 fiscal
year.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises contained
herein, the CITY and GPEC agree as follows:
I. RESPONSIBILITIES OF GPEC
A. MISSION: Attract and grow quality businesses and advocate for the
competitiveness of Greater Phoenix.
B. GOALS: GPEC is guided by and strategically focused on two specific
long-range goals:
1. Marketing the region to generate qualified business/industry
prospects in targeted economic clusters.
2. Leveraging public and private allies and resources to locate
qualified prospects, improve overall competitiveness, and
sustain organizational vitality.
C. RETENTION AND EXPANSION POLICY:
Ill
1. GPEC's primary role is developing the Greater Phoenix
region's market intelligence strategy for high wage, base
industry clusters in coordination with representatives of GPEC
member communities.
2. Retention and expansion of existing businesses within GPEC
member communities is primarily a local issue.
3. GPEC will support its member communities' efforts to retain
and expand existing businesses through coordinating regional
support and providing research on key retention and
expansion projects.
4. GPEC will advise its member communities when an existing
company contacts GPEC regarding a retention or expansion
issue, subject to any legal or contractual non-disclosure
obligations.
D. ACTION PLAN AND BUDGET: In accordance with the Mission, Goals and
Retention and Expansion Policy set forth above and subject to the
availability of adequate funding, GPEC shall implement the Action
Plan and Budget adopted by GPEC's Board of Directors, a copy of
which has been delivered to the City, receipt of which is hereby
acknowledged. A summary of the Action Plan is attached hereto as
Exhibit A ("GPEC Action Plan"). The City shall be informed of any
changes in the adopted GPEC Action Plan which will materially affect
or alter the priorities established therein. Such notification will be in
writing and will be made prior to implementation of such changes.
Notwithstanding the foregoing, the City acknowledges and agrees
that GPEC may, in its reasonable judgment in accordance with its
own practices and procedures, substitute, change, reschedule,
cancel or defer certain events or activities described in the GPEC
Action Plan as required by a result of changing market conditions,
funding availability, unforeseen expenses or other circumstances
beyond GPEC's reasonable control. GPEC shall solicit the input of
the City on the formulation of future marketing strategies and
advertisements. The GPEC Action Plan will be revised to reflect any
agreed upon changes to the GPEC Action Plan.
E. PERFORMANCE TARGETS: Specific performance targets, established by
GPEC's Executive Committee and Board of Directors, are attached
hereto as Exhibit B ("GPEC Performance Measures") and shall be
used to evaluate and report progress on GPEC's implementation of
the GPEC Action Plan. In the event of changing market conditions,
funding availability, unforeseen expenses or other circumstances
beyond GPEC's reasonable control, these performance targets may
be revised with the City's prior written approval, or with the prior
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written approval of a majority of the designated members of GPEC's
Economic Development Directors Team ("EDDT"). GPEC will provide
monthly reports on the 15t" of each month to the City discussing in
detail its progress in implementing the GPEC Action Plan as well as
reporting the numerical results for each performance measurement
setforth in Exhibit B. GPEC shall provide a copy of its annual external
auditfor the preceding fiscal year to the City no later than December
31, 2026.
In the case of any benchmark which is not met, GPEC will meet
with the EDDT to provide an explanation of the relevant factors and
circumstances and discuss the approach to be taken in order to
achieve the target(s). Failure to meet a performance target will not,
by itself, constitute an event of default hereunder unless GPEC: (i)
fails to inform the City of such events; or (ii) fails to meet with EDDT
to present a plan for improving its performance during the balance of
the term of the Agreement.
II. RESPONSIBILITIES OF THE CITY
A. STAFF SUPPORT OF GPEC EFFORTS: The City shall provide staff support
to GPEC's economic development efforts as follows:
1. The City shall respond to leads or prospects referred by GPEC
in a professional manner within the time frame specified by the
lead or prospect if the City desires to compete and if the lead
is appropriate for the City. When available, the City agrees to
provide its response in the format developed jointly by EDDT
and GPEC.
2. The City shall provide appropriate local hospitality, tours and
briefings for prospects visiting sites in the City.
3. The City shall provide an official economic development
representative to represent the City on the EDDT, which
advises GPEC's President and CEO.
4. The City shall cooperate in the implementation of GPEC/EDDT
process improvement recommendations including the use of
common presentation formats, exchange of information on
prospects with GPEC's staff, the use of shared data systems,
land and building data bases and private sector real estate
industry interfaces.
5. The City shall use its best efforts to respond to special
requests by GPEC for particularized information about the City
within three business days after the receipt of such request.
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6. In order to enable GPEC to be more sensitive to the City's
requirements, the City shall, at its sole option, deliver to GPEC
copies of any City approved economic development
strategies, work plan, programs and evaluation criteria. GPEC
shall not disclose the same to the other participants in GPEC
or their representatives.
7. The City shall utilize its best good faith efforts to cause an
economic development professional representing the City to
attend all marketing events and other functions to which the
City has committed itself.
8. The City agrees to work with GPEC to improve the City's
competitiveness and market readiness to support the growth
and expansion of the targeted industries as identified for the
City in Exhibit C ("Targeted Industries").
B. NONEXCLUSIVE AGREEMENT: The City recognizes GPEC as a
regional economic development organization for marketing the
Greater Phoenix region. Nothing in this Agreement however
prohibits the City from contracting with other regional economic
development marketing providers for similar services.
III. ADDITIONAL AGREEMENTS OF THE PARTIES:
A. PARTICIPATION IN MARKETING EVENTS AND PROVISION OF TECHNICAL
ASSISTANCE: Representative(s) of the City shall be entitled to
participate in GPEC's marketing events provided that such
participation shall not be at GPEC's expense. When requested and
appropriate, GPEC will use its best efforts to provide technical
assistance and support to City economic development staff for
business location prospects identified and qualified by the City and
assist the City with presentations to the prospect in the City or their
corporate location.
B. COMPENSATION &TERM:
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1. The City agrees to pay $22,004 for services to be provided by
GPEC pursuant to the Agreement during the fiscal year from
July 1, 2026 ending on June 30, 2027, as set forth in this
Agreement. This amount is based on approximately $0.4897
per capita applied to that portion of the City's population
outside of Maricopa County plus $0.4897 per capita applied to
that portion of the City's population within Maricopa County,
based upon the based up on the 2025 Office of Economic
Opportunity population estimate, which listed the City as
having a population of 44,529 in Pinal County and 405 in
Maricopa County. The payment by the City may, upon the
mutual and discretionary approval of the board of directors of
GPEC and the City, be increased or decreased from time to
time during the term hereof in accordance with the increases
or decreases of general application in the per capita payments
to GPEC by other municipalities which support GPEC, but in no
event shall the total compensation exceed $30,000.00 for the
term of this Agreement.
2. Funding of this Agreement shall be subject to the annual
appropriations of funds for this activity by the City pursuant to
the required budget process of the City.
3. GPEC shall submit invoices for payment on an annual basis.
The foregoing notwithstanding, if GPEC has not provided the
City with the audit required pursuant to paragraph I(E) above
no later than December 31, 2026, no payments shall be made
hereunder until the City receives the audit report and is
provided at least a 30 calendar day review and approval
period.. Invoices and monthly activity reports, substantially in
the form of Exhibit D ("Reporting Mechanism for Contract
Fulfillment") attached hereto, are to be submitted to the
address listed under paragraph IV(P).
C. MUTUAL COOPERATION:
1. The Parties acknowledge that GPEC is a cooperative
organization effort among GPEC and its member communities.
Accordingly, the City and GPEC covenant and agree to work
together in a productive and harmonious manner,to cooperate
in furthering GPEC's goals for FY2027. The City and GPEC
further covenant and agree to comply with the Regional
Cooperation Protocol, attached hereto as Exhibit F, in all
material respects.
2. The City agrees to work with GPEC, as necessary or
appropriate, to revise the performance measures, and/or
benchmarks, and/or goals for the FY2028 agreement.
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3. The City agrees to work with GPEC during FY2027 to develop
a revised public sector funding plan, including a regional
allocation formula for FY2028, if determined to be necessary
or appropriate.
IV. GENERAL PROVISIONS:
A. COVENANT AGAINST CONTINGENT FEES: GPEC warrants that no person
or selling agent has been employed or retained to solicit or secure
this Agreement upon an agreement or understanding for a
commission, percentage, brokerage, or contingent fee. Fora breach
or violation of this warranty, the City shall have the right to terminate
this Agreement without liability or, in its discretion, to deduct the
commission, brokerage or contingent fee from its payment to GPEC.
B. PAYMENT DEDUCTION OFFSET PROVISION: GPEC acknowledges that no
payment shall be made to any contractor as long as there is any
outstanding obligation due to the City, and any such obligation shall
be offset against payment due to GPEC.
C. ASSIGNMENT PROHIBITED: No Party to this Agreement may assign any
right or obligation pursuant to this Agreement. Any attempted or
purported assignment of any right or obligation pursuant to this
Agreement shall be void and have no effect.
D. INDEPENDENT CONTRACTOR; NO AGENCY: Nothing contained in this
Agreement creates any partnership, joint venture or agency
relationship between the City and GPEC. At all times during the term
of this Agreement, GPEC shall be an independent contractor and
shall not be an employee of City. City shall have the right to control
GPEC only insofar as to the results of GPEC's services rendered
pursuant to this Agreement. GPEC shall have no authority, express
or implied, to act on behalf of City in any capacity whatsoever as an
agent. GPEC shall have no authority, express or implied, pursuant to
this Agreement to bind City to any obligation whatsoever.
D. INDEMNIFICATION AND HOLD HARMLESS:To the fullest extent permitted by
law, GPEC 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, or services of GPEC, its
agents, employees, or any tier of GPEC's subcontractors in the
performance of this Agreement, but only to the extent caused by the
negligence, recklessness or intentional wrongful conduct of GPEC or
[61
its subcontractors in the performance of the services under this
Agreement or any subcontract. GPEC'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 GPEC's acts, errors, mistakes, omissions,
work or services in the performance of this Agreement including any
employee of GPEC, any tier of GPEC's subcontractor or any other
person for whose acts, errors, mistakes, omissions, or services
GPEC may be legally liable, but only to the extent caused by the
negligence, recklessness or intentional wrongful conduct of GPEC or
any tier of GPEC's subcontractors or any other person for whose
acts, errors, mistakes, omissions, Work or services GPEC 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 in this Agreement will in no way be construed
as limiting the scope of the indemnity in this Subsection E. The rights
and obligations under this Subsection E shall survive termination of
this Agreement.
F. INSURANCE: GPEC shall procure and maintain for the duration of this
Agreement, at GPEC's own cost and expense, insurance against
claims for injuries to persons or damages to property which may
arise from or in connection with this Agreement by GPEC, its agents,
representatives, employees or contractors, in accordance with the
Insurance Requirements set forth in Exhibit E ("Insurance
Requirements"), attached hereto. The City acknowledges that it has
received and reviewed evidence of GPEC's insurance coverage in
effect as of the execution of this Agreement.
G. GRATUITIES. The City may, by written notice to GPEC, terminate the
right of GPEC to proceed under this Agreement upon one (1)
calendar day notice, if it is found that gratuities in the form of
entertainment, gifts, or otherwise were offered or given by GPEC, or
any agent or representative of GPEC, to any officer or employee of
the City with a view toward securing a contract or securing favorable
treatment with respect to the awarding or amending, or the making
of any determinations with respect to the performance of such
contract; provided that the existence of the facts upon which the City
makes such findings shall be an issue and may be reviewed in any
competent court. In the event of such termination, the City shall be
entitled to pursue all legal and equitable remedies against GPEC
available to the City.
H. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this
Agreement, GPEC agrees as follows:
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1. GPEC will not discriminate against any employee or applicant
for employment because of race, color, religion, gender,
sexual orientation, national origin, age or disability. GPEC
shall take affirmative action to ensure that applicants are
employed, and that employees are treated during employment
without regard to their race, color, religion, gender, sexual
orientation, national origin, age or disability. Such action shall
include, but not be limited to, the following: employment,
upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms
of compensation, and selection for training, including
apprenticeship. GPEC agrees to post in conspicuous places,
available to employees and applicants for employment, notices
setting forth the provisions of this nondiscrimination clause.
2. GPEC will, in all solicitations or advertisements for employees
place by or on behalf of GPEC, state that all qualified
applicants will receive consideration for employment without
regard to race, color, religion, gender, sexual orientation,
national origin, age or disability.
3. GPEC will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Agreement,
provided that the foregoing provisions shall not apply to
Agreements or subcontracts for standard commercial
supplies or new materials.
4. Upon request by the City, GPEC shall provide City with
information and data concerning action taken and results
obtained in regard to GPEC's Equal Employment Opportunity
efforts performed during the term of this Agreement. Such
reports shall be accomplished upon forms furnished by the
City or in such other format as the City shall prescribe.
I. COMPLIANCE WITH APPLICABLE FEDERAL AND STATE LAWS REQUIRED. GPEC
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 and agrees to comply
therewith in performing under any resultant agreement and to permit
City inspection of its records to verify such compliance.
1. GPEC warrants to the City that, to the extent applicable under
A.R.S. § 41-4401, GPEC is in compliance with all Federal
Immigration laws and regulations that relate to its employees
and with the E-Verify Program under A.R.S. § 23-214(A). GPEC
acknowledges that a breach of this warranty by GPEC or any
subconsultants providing services under this Agreement is a
[81
material breach of this Agreement subject to penalties up to
and including termination of this Agreement or any applicable
subcontract. The City retains the legal right to inspect the
papers of any employee of GPEC or any subconsultant who
works on this Agreement to ensure compliance with this
warranty.
2. The City may conduct random verification of the employment
records of GPEC and any of its subconsultants who work on
this Agreement to ensure compliance with this warranty.
3. The City will not consider GPEC or any of its subconsultants
who work on this Agreement in material breach of the
foregoing warranty if GPEC and such subconsultants establish
that they have complied with the employment verification
provisions prescribed by 8 USC § 1324(a) and (b) of the
Federal Immigration and Nationality Act and the E-verify
requirements prescribed by Arizona Revised Statutes § 23-
214(A).
4. The provisions of this Subsection I must be included in any
agreement GPEC enters into with any and all of its
subconsultants who provide services under this Agreement or
any subcontract to provide services under this Agreement. As
used in this Subsection I "services" are defined as furnishing
labor, time or effort in the State of Arizona by a contractor or
subcontractor. Services include construction or maintenance
of any structure, building or transportation facility or
improvement to real property.
5. Pursuant to A.R.S. §§ 35-393 through 35-393.03, GPEC hereby
certifies to the City that GPEC does not have any
contracts/services/providers/suppliers that boycott Israel.
6. In accordance with Arizona Revised Statutes § 35-394, GPEC
hereby certifies and agrees that GPEC 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 GPEC
becomes aware during the term of this Agreement that GPEC
is not in compliance with this Section, then GPEC shall notify
the City within five (5) business days after becoming aware of
such noncompliance. If GPEC does not provide the City with
written certification that GPEC has remedied such
191
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.
J. TERMINATION. City shall have the right to terminate this Agreement if
GPEC shall fail to duly perform, observe or comply with any covenant,
condition or agreement on its part under this Agreement and such
failure continues for a period of 30 calendar days (or such shorter
period as may be expressly provided herein) after the date on which
written notice requiring the failure to be remedied shall have been
given to GPEC by the City; provided, however, that if such
performance, observation or compliance requires work to be done,
action to be taken or conditions to be remedied which, by their
nature, cannot reasonably be accomplished within 30 calendar days,
no event of default shall be deemed to have occurred or to exist if,
and so long as, GPEC shall commence such action within that period
and diligently and continuously prosecute the same to completion
within 90 calendar days or such longer period as the City may
approve in writing. The foregoing notwithstanding, in the event of
circumstances which render GPEC incapable of providing the
services required to be performed hereunder, including, but not
limited to, insolvency or an award of monetary damages against
GPEC in excess of its available insurance coverage and assets, the
City may immediately and without further notice terminate this
Agreement.
K. RESPONSIBILITY FOR COMPLIANCE WITH LEGAL REQUIREMENTS. GPEC's
performance hereunder shall be in material compliance with all
applicable federal, state and local health, environmental, and safety
laws, regulations, standards, and ordinances in effect during the
performance of this Agreement.
L. INSTITUTION OF LEGAL ACTIONS. Any legal actions instituted pursuant to
this Agreement must be filed in a court of competent jurisdiction in
Pinal County, State of Arizona. In any legal action, the prevailing
party in such action will be entitled to reimbursement by the other
party for all costs and expenses of such action, including reasonable
attorneys'fees as may be fixed by the Court.
M. APPLICABLE LAW. Any and all disputes arising under any Agreement
to be awarded hereunder or out of the proposals herein called for,
which cannot be administratively resolved, shall be tried according
to the laws of the State of Arizona, and GPEC shall agree that the
[10]
venue for any such action shall be in the State of Arizona, Pinal
County.
N. CONTINUATION DURING DISPUTES. GPEC agrees that, notwithstanding
the existence of any dispute between the parties, each party shall
continue to perform the obligations required of it during the
continuation of any such dispute, unless enjoined or prohibited by an
Arizona court of competent jurisdiction.
O. CITY REVIEW OF GPEC RECORDS. Records of GPEC'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. GPEC shall maintain records for a period of
at least five (5) years, and shall make such records available during
that retention period for examination or audit by City personnel
during regular business hours.
P. NOTICES. Any notice, consent or other communication required or
permitted under this Agreement shall be in writing and shall be
deemed received at the time it is personally delivered, on the day it
is sent by facsimile transmission, on the second day after its deposit
with any commercial air courier or express service or, if mailed,three
(3) business days after the notice is deposited in the United States
mail addressed as follows:
If to City: Bryant Powell
City Manager
City of Apache Junction
300 East Superstition Boulevard
Apache Junction, AZ 85119
Phone: (480) 474-5092
Fax: (480) 474-5110
If to GPEC: Christine Mackay
President and Chief Executive Officer
Greater Phoenix Economic Council
Two North Central Avenue, Suite 2500
Phoenix, Arizona 85004-4469
Phone: (602) 256-7700
FAX: (602) 256-7744
Any time period stated in a notice shall be computed from the
time the notice is deemed received. Either party may change its
mailing address or the person to receive notice by notifying the other
party as provided in this paragraph.
Q. TRANSACTIONAL CONFLICT OF INTEREST. Notwithstanding paragraph
IV(J), all parties hereto acknowledge that this Agreement is subject
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to cancellation by the City pursuant to the provisions of A.R.S. § 38-
511.
R. NONLIABILITY OF OFFICIALS AND EMPLOYEES. No member, official or
employee of the City will be personally liable to GPEC, or any
successor in interest, in the event of any default or breach by the City
or for any amount which may become due to GPEC or successor, or
on any obligation under the terms of this Agreement. No member,
official or employee of GPEC will be personally liable to the City, or
any successor in interest, in the event of any default or breach by the
GPEC or for any amount which may become due to the City or
successor, or on any obligation under the terms of this Agreement.
S. SEVERABILITY. City and GPEC each believe thatthe 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.
T. CAPTIONS. The captions contained in this Agreement are merely a
reference and are not to be used to construe or limit the text.
U. NO THIRD PARTY BENEFICIARIES. No creditor of either Party or other
individual or entity shall have any rights, whether as a third-party
beneficiary or otherwise, by reason of any provision of this
Agreement.
V. Disclosure of Confidential Information. For purposes of this
Agreement, "Confidential Information" shall mean information that is
not generally known to the general public or that is confidential or
proprietary in nature or subject to the obligations of confidentiality.
Confidential Information shall not include: (i) information that at the
time of disclosure is publicly available, or information which later
becomes publicly available through no act or omission of the non-
disclosing party; (ii) information that the non-disclosing party
[12]
independently developed without the use of the disclosing party's
protected information; or (iii) information disclosed to the non-
disclosing party by a third party not in violation of any obligations of
confidentiality to the disclosing party.
In the opinion of the Parties: (1) the Confidential Information is
the proprietary property of the Parties and is strictly confidential and
privileged pursuant to, among other laws, A.R.S. §§ 44-401, et seq.,
(2) the release of the Confidential Information provided could cause
harm to the Parties' competitive position, (3) the Confidential
Information is potentially personal and private, and (4) the
Confidential Information is exemptfrom disclosure under the Arizona
Public Records and Open Meeting Laws, A.R.S. § 39-121, etseq. The
Agreement does not license, assign, or convey any intellectual
property or proprietary rights from any Party to any other Party.
The City must comply with and may be subject to certain
disclosure requirements under the Arizona public records law
(A.R.S. § 39-101, et seq.). The City may disclose Confidential
Information if required to comply with a court order or other
government demand that has the force of law. Prior to disclosure,the
Party must give GPEC reasonable prior notice of the request for
records and identified responsive documents to allow them to seek a
protective order, unless such notice is not permitted under law.
W. ENTIRE AGREEMENT,WAIVERS AND AMENDMENTS. This Agreement may be
executed in up to three (3) duplicate originals, each of which is
deemed to be an original. This Agreement, including thirteen (13)
pages of text and the below-listed exhibits which are incorporated
herein by this reference, constitutes the entire understanding and
agreement of the Parties.
Exhibit A - GPEC Action Plan
Exhibit B - GPEC Performance Measures
Exhibit C -Targeted Industries
Exhibit D - Reporting Mechanism for Contract Fulfillment
Exhibit E - Insurance Requirements
Exhibit F - Regional Cooperation Protocol
This Agreement integrates all of the terms and conditions
mentioned herein or incidental hereto, and supersedes all
negotiations or previous agreements between the Parties with
respect to all or any part of the subject matter hereof.
Except as otherwise expressly provided in this Agreement, any
failure or delay by any Party in asserting any of its rights or remedies
as to any default, will not operate as a waiver of any default, or of any
such rights or remedies, or deprive any such Party of its right to
[131
institute and maintain any actions or proceedings which it may deem
necessary to protect, assert or enforce any such rights or remedies.
All waivers of the provisions of this Agreement must be in
writing and signed by the appropriate authorities of the City or GPEC,
and all amendments hereto must be in writing and signed by the
appropriate authorities of the Parties hereto.
[SIGNATURES APPEAR ON FOLLOWING PAGES]
[141
IN WITNESS WHEREOF, the parties hereto have executed the Agreement
this day of , 2026.
CITY OF APACHE JUNCTION, an Arizona
municipal corporation
By:
Walter "Chip" Wilson, Mayor
ATTEST:
By:
Evie McKinney, City Clerk
APPROVED AS TO FORM:
By:
Richard J. Stern, City Attorney
STATE OF ARIZONA )
) ss.
COUNTY OF PINAL )
On this day of , 2026, before me, the undersigned Notary Public,
personally appeared Walter "Chip" Wilson, as Mayor of the City of Apache
Junction, Arizona, an Arizona municipal corporation.
Notary Public
My commission expires:
[151
GREATER PHOENIX ECONOMIC COUNCIL,
an Arizona nonprofit corporation
By:
Christine Mackay
President & Chief Executive Officer
STATE OF ARIZONA )
ss.
COUNTY OF MARICOPA )
On this day of , 2026, before me, the undersigned Notary Public,
personally appeared Christine Mackay, who acknowledged herself to be the
President & Chief Executive Officer of Greater Phoenix Economic Council, an
Arizona non-profit corporation, that she, as such officer, being authorized so to
do, executed the foregoing instrument for the purposes therein contained, by
signing the name of the corporation by herself as such officer. In witness
whereof, I hereunto set my hand and official seal.
Notary Public
My commission expires:
[161
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FISCAL YEAR 2027
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Greater Phoenix !�
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602.256.7700 gpec.org 1, 14 ,,
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ACTION PLAN FY27
Letter from Chr*ist*ine
President & CEO
As we near the completion of my first investment to build upon our Economic development continues to
fiscal year as GPEC President & CEO advanced technology ecosystem. grow more complex, and through
and direct my first action plan, I am Attendance at global summits and community support and educational
awestruck by the work of the team and delegations, new foreign direct outreach, we can help advance
the support from our partners. This investment, and the opening of new education and workforce initiatives,
year, Greater Phoenix has seen billions trade offices locally has allowed water planning and messaging, and
of dollars of expansion, the debut of Greater Phoenix to continue its use data to inform anti-growth
mega-events like SEMICON West and momentum. sentiments. By continuing to
the Forbes 30 Under 30 Summit, and prioritize infrastructure development,
the launch of a new brand initiative There is still work to be done. Greater investments by advanced technology
redefining the perceptions of our Phoenix is forecasted to avoid a companies, and growing global
region. Greater Phoenix is on the recession that threatens domestic recognition of the region, Greater
global map like never before. economies, but we must continue our Phoenix will continue to flourish. I'm
work to diversify industries and grateful for the support over the last air
am proud to say that GPEC met or coordinate with our education leaders eight months and looking forward to /- A
exceeded its metric goals in FY26 and to ensure the talent pool remains the work to come.
built upon its FY26-FY28 vision, competitive for today and tomorrow's z
notably enabling high-value hiring needs.
" This year, Greater Phoenix has seen billions of dollars of expansion, the debut
of mega-events like SEMICON West and the Forbes 30 Under 30 Summit, and
I n r region. " Christine Mackay
the launch of a new brand initiative redefining the perceptions of our President & CEO
2
ACTION PLAN FY27
w
lot
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FA
We exist to serve We are committed Our ability to innovate,
and enhance our to excellence in collaborate and adapt
community. execution . sets us apart.
ABOUT GPEC
Our Communit 'i' es
22 cities and towns ,
Maricopa & Pinal counties
m m
• Greater Phoenix
Represents
78 . 4% of the
® State's Economy
all" 4
v
FY26 - FY28 Vision
Be the leading market for high -value
investments and growth for local , national
and international businesses with an eye
to the industries of the future , enableinc
smart growth and advancing prosperity
for the people of Greater Phoenix .
ACTION PLAN FY27
FY trategic P an Goa s
Goal 1 Goal 2 Goal 3
Build an internationally Advance the region through Ensure GPEC is nimble in
recognizable regional brand as a future-focused investments and executing its mission as
market uniquely positioned for infrastructure, robust support for markets, technologies and the
high-impact industries and the startup ecosystem, and best- region continue to evolve.
growth driven by innovation . in-class support for expanding
and relocating firms.
-------------- ................................ -----
LU
or
FY26-28 FY26-28 FY26-28
Strategic Strategic Strategic
Plan Goals U Plan Goals Plan Goals
V)
FY26 Action FY27 Action FY28 Action
Plan Strategies Plan Strategies Plan Strategies
& Tactics & Tactics & Tactics
;Z ....................... �,X) 6
ACTION PLAN FY27
• Build an internationally recognizable regional brand as a market uniquely
Goal 1 • positioned for high-impact industries and growth driven by innovation .
Strategy 1 : Strategy 2: Strategy 3:
Reiterate and widely distribute a consistent Build on existing international interest to Advocate for smart growth focused on
narrative that Greater Phoenix is the define the market as a global hub for high-value, sustainable industries that will
destination for high-value, future-focused innovation that is agile and ready to address drive long-term regional success.
industries and top talent. the needs of emerging opportunities.
Tactics: Tactics: Tactics:
• Provide clear narratives for stakeholders • Monitor federal and international • Continue to actively engage federal
regarding key issues impacting the region developments to adjust attraction strategies leadership to drive outcomes from FY26
including water, air quality, power, artificial • Build a coalition to support attraction of DC Trip
intelligence, and the value of economic industry conferences that highlight the • Articulate to local elected officials the
development - countering misinformation region importance of economic development for
about the market • Explore new international market future regional success
• Create a stronger brand position for future opportunities aligned with critical industry • Convene to share best practices and
industries such as eVTOL, Quantum, focus sectors innovative solutions to infrastructure needs
Biosciences, and National Security • Leverage signature events like WM Phoenix
Innovation Open and Forbes 30u30 to amplify regional
• Utilize the "A New Way to City" initiative to messaging
generate a recognizable regional brand • Identify and pursue the supply chain of
that reaches beyond traditional economic critical sectors such as battery manufacturing
development messaging and advanced air mobility
ACTION PLAN FY27
Advance the region through future-focused investments and infrastructure, robust support for
Goal • the startup ecosystem and best-in-class support for expanding and relocating firms.
Strategy 1 : Strategy 2: Strategy 3: Strategy 4:
Identify and advocate for Expand and share expertise Streamline the regional Increase regional investments
the policy and infrastructure to support companies economic development into the innovation
needed to be the leading investing in the region system to provide ecosystem that enable both
market for the industries throughout the increasingly comprehensive support. legacy companies and
of the future. complex project processes. startups to thrive.
Tactics: Tactics: Tactics: Tactics:
• Create a clear case for the • Provide concierge services to Partner with universities and • Engage VC, Family Offices, PE
infrastructure to support the assist project development community colleges to map firms to attract investment in
needs of cutting-edge through community processes regional talent, R&D assets, local companies
companies and long-term • Plug in to regional and state- and high-demand workforce • Elevate stories of successful
regional health wide initiatives to address pipelines local entrepreneurs and
• Connect and align GPEC common project issues Identify gaps in the narratives on startup success as
activities with federal • Capture the benefit of growth ecosystem to understand part of "A New Way to City"
priorities for investment of both newly located and where GPEC and/or peers • Provide tailored assistance to
existing companies through can provide value without scale-ready startups to
GPEC's assistance being duplicative connect investors
8
i
1
y
La
ACTION PLAN FY27
• Ensure GPEC is nimble in executing its mission as markets,
13 * technologi Goa
es and the region continue to evolve.
Strategy 1 : Strategy 2: Strategy 3:
Leverage GPEC's network expertise to Enhance long-term positioning by Ensure strategic talent and resource
cultivate high-value touchpoints and differentiating GPEC's unique alignment to deliver excellence in the
relationships that further the reach and value proposition for stakeholders execution of key priority pillars.
influence of the organization. in the community.
Tactics: Tactics: Tactics:
• Identify unique assets in GPEC's investor • Highlight the expertise unique to GPEC • Maintain a strong financial position
network that can be leveraged to • Engage external partners to validate • Ensure cross-team prioritization is
execute against the mission internal priorities, move the needle on clear to drive top-line outcomes
• Utilize the network to identify new regional priorities • Double down on the unique support
investor opportunities GPEC can provide communities in
execution of priorities
9
ACTION PLAN FY27
Revenues Proposed Approved YOY YOY
Metr'i* cs
FY2027 FY2026 Var. $ Var. %
City/County Contract Revenue $3,252,034 $3,210,154 $41,880 1%
u d et
v
i
Pledge Revenue $3,633,000 $3,898,350 $(265,350) (7%)Oervew
New Pledges $300,000 $250,000 $50,000 20%
In FY27, GPEC is maintaining metrics consistent with the previous In-Kind Contributions $140,000 $140,000 - 0%
fiscal year. Prospect activity is expected to remain steady. The Special Events & Programs - $165,000 $(165,000) (100%)
region continues to see projects that have high capital investment Sponsorship Income $463,500 $363,500 $100,000 28%
and wages, but smaller phase one job counts than historical Grant Income $144,000 $83,000 $61,000 73%
averages. While there continues to be uncertainty in national Other Income $270,000 $15,000 $255,000 1,700%
markets that may create longer decision timeframes for projects, TOTALREVENUE $8,202,534 $8,125,004 $77,530 0%)
Greater Phoenix is poised to weather economic headwinds better
than most regions. Expenses Proposed Approved YOY YOY
p FY2027 FY2026 Var. $ Var. %
Contract Target Stretch Business Development $962,081 $864,527 $97,554 11%
Payroll (in Millions) $354.65 $394.06 $433.47 Marketing & Communications $1,024,743 $463,443 $561,300 121%
Jobs (Phase 1 ) 5,670 6,300 6,930 Research & Analytics $288,354 $284,242 $4,112 1%
High-Wage Jobs 3,151 3,502 3,852 Engagement $148,866 $152,568 $(3,702) (2%)
Average High-Wage Salary $79,022 $87,802 $96,582 Regional Initiatives $200,624 $128,413 $72,211 56%
Qualified Prospects 233 258 283 Operations $392,992 $411,983 $(18,991 ) (5%)
Qualified International Prospects 48 53 58 Personnel $5,513,292 $5,551,200 ($271 ) 0%
GPEC Assists 10 12 14 Facilities $346,423 $522,599 $(176,177) (34%)
Community ROI' 18:1 20:1 22:1 Special Events & Programs $104,000 $283,000 $(179,000) (63%)
Stakeholder Satisfaction with Business Attraction 7.0 7.3 7.6 TOTAL EXPENSES $8,981,375 $8,661,975 $319,400 (4%)
Stakeholder Satisfaction with Competitive Position 7.0 7.3 7.6 NET INCOME/(LOSS) $(778,840) $(536,971) $(241,869) 45%
1 ROI is calculated as a ratio of direct revenue from GPEC locates divided by funding from GPEC member communities. T� ,� O
2 Average result from respondents of EDDT and Board of Directors end-of-year surveys. V
ACTION PLAN FY27
Builder Level • Perkins Coie LLP • Commonwealth Land • Lee &Associates • Stevens-Leinweber • Avnet Inc.
vestors
• Phoenix Suns and Title National • Lincoln Property Construction • Bechtel
• AECOM Hunt Phoenix Mercury Commercial Services Company • Sunbelt Holdings • BNSF Railway
• American Airlines • Pivotal Group • Cousins Properties, Inc. • Mack Real Estate Group • Sundt Construction • Carvana
• Arizona Diamondbacks • Quarles & Brady • Cresa • Mastek • Suntec Concrete • City of Hope
Visionary Level Bank of America • Snell &Wilmer LLP • Cushman &Wakefield • Meritage Homes • Taiwan • Columbia Bank
• Banner Health • STORE Capital • Davis Architecture • MMR Constructors, Inc. Semiconductor • Comcast Business
• BOK Financial • Taft • Deloitte • National Bank of Manufacturing • Concumer Cellular
4�T&jl Bridge Relocation • U.S. Bank • Deutsch Architecture Arizona Company (TSMC) • CoStar Group
a ps AWAIKEOP" Concierge • Valley Metro Group • Ninyo & Moore, A • Terracon • Crescent Crown
• Brookfield Residential • Vitalant • DFDG Architecture Socotec Company • The AES Corporation Distributing
• CBRE • Weitz Company • DLR Group • Okland Construction • The PENTA Building • Cypress Office
• Chicanos Por La Causa • Western Alliance Bank • DP Electric • Olsson Group Properties
• Creighton University • Willmeng Construction • DPR Construction • OneAZ Credit Union • The Plaza Companies • De Rito Partners
Champion Level Desert Financial Credit • El Dorado Holdings •g Opus Development Trammell Crow Development
Union • Elontec Company Company • Globe Corporation
r,1ArJL=7f gy Cox • Dignity Health • EmployBridge • Partners Personnel • Transwestern • Halff
Dorsey &Whitney Advocate Level • Enterprise Bank &Trust • Pathward Commercial Services • Hines
BUSINESS" DSV • EPCOR • PCL Construction Inc • University of Arizona • Industrial Storage
• Empire Southwest • Affiliated Engineers • FCL Builders • Phoenix Children's • Valley of the Sun • Kraus-Anderson
•JPMor se Equity Land Group • Air2o • FirstBank Hospital United Way Construction Company
C7__ Holdings/Arizona Land • Alston Construction • Gammage & Burnham • Professional Piping • ViaWest Group • Macerich
Consulting • Amkor Technology • GCON Systems • Wespac • Merit Partners
• Ernst &Young • Archicon L.C. • Gensler • R.O.I. Properties Construction, Inc • Meta
Accelerator Level Freeport-McMoRan Inc. Architecture • Global Roofing Group • Rehrig Pacific Company • WestPac Wealth • Nationwide Realty
• Goodmans Interior • Arizona Community • Gray Construction • Renaissance Partners Investors
Structures Foundation • Graycor Construction Construction • Wexford Science + • Orion Group Holdings,
• Grand Canyon University • Axios • Haydon Companies • Resolution Copper Technology Inc.
Arizona State PF FLINN • Helios • Baker Development • HDR Mining • Wist Office Products • Overland Group Inc.
University nt I FOUNDATION
• Honeywell • Bell Bank • Holland & Hart LLP • Rexco, LLC • Prologis
• HonorHealth • Blue Cross Blue Shield • Holualoa Companies • Rider Levett Bucknall • RED Development
• Idealab Arizona of Arizona • Howard Hughes • RK Logistics • Social Television
(�' •� ��� NWA-Ah • Insight North America • BMO Corporation • RSM Network (STN)
JEDUM" KUDELSKI GROUP Supporter Level
• Intel Corporation • Bremik Construction • Immedia • Ryan Companies U.S. pp • Sunstate Equipment
• Kitchell • Bristol Myers Squibb • JLL Inc. Company
• LifeKind Health • BRPH • Keyser • Skanska • Actalent • Tekletics
MARICOPA ' Midwestern y y
COMMUNITY COLLEGES � University
O PNCBANK
• M Culinary • Br con Construction • Land Advisors • SmithGroup • Air Products and • The Austin Company
• Mayo Clinic • CapRock Partners Organization • Southwest Gas Chemicals, Inc. • Trinity Capital
• Meade Engineering • CG Schmidt • Langan Engineering Corporation • AppleOne Investments
HERITAGE � of Phoenix Y p p
SOUTHWEST //�_=University • MidFirst Bank • Cla co and Environmental • Spencer Fane LLP • Atmosphere • Union Pacific Railroad
I� � •
BANK TRATT PROPERTIES • Mortenson • Colliers International Services • SRS Real Estate Partners Commercial Interiors • VanTrust Real Estate LLC
As of May 19, 2026 1 1
X
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Ma o�Joe P Wo
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Greater Phoenix
Economic Council
602.256.7700 /// gpec.org
1
EXHIBIT B
GPEC PERFORMANCE MEASURES
FY 2027
Specific performance targets as established by the GPEC Executive Committee and
Board of Directors:
1. Payroll Generated $354.65M
2. Total Number of Jobs Created 5,670
3. Total Number of High-Wage Jobs' 3,151
4. Average High-Wage Salary $79,022
5. GPEC Assists2 10
6. Number of Qualified Prospects 233
7. Number of Qualified International Prospects 48
8. Community Return on Investment3 18:1
9. Stakeholder Satisfaction with Business Attraction 7.0
10. Stakeholder Satisfaction with Competitive Positions 7.0
Footnotes:
1. High Wage Jobs:High wage jobs are those that are over 130%of the Phoenix MSA Median Wage(currently$64,792)
2. GPEC Assists:Companies that located in the region,for which GPEC provided assistance,that do not qualify as a locate
due to project size for example;and would otherwise be listed as"non-reported locates"
3. ROI is calculated as a ratio of direct revenue from GPEC locates to all member communities divided by funding from GPEC
member communities
4. Average result from respondents of EDDT and Board of Directors end-of-year surveys
5. Average result from respondents of EDDT and Board of Directors end-of-year surveys
Page 1 of 1
EXHIBIT C
TARGETED INDUSTRIES
FY2027
GPEC and our member communities have identified targeted industries on a local and regional level,
incorporating these industries into a regional economic development plan. For fiscal year 2026, GPEC
will continue its emphasis on the following: Advanced Business Services;Aerospace&Defense; Battery
&Energy Storage; Emerging Technologies;Healthcare and Biomedical; Manufacturing&Logistics;
Mission Critical Operations; Semiconductor Ecosystem; and Software.
Member communities will target the following:
Apache Junction
Advanced Manufacturing, Standard Manufacturing, R&D, Corporate/Regional Headquarters,Healthcare,
Mining(Supply Chain& Servicing),Aerospace,and Hospitality/Entertainment
Avondale
Healthcare;hospitality/tourism;manufacturing&logistics,technology;retail& entertainment; and
technology
Buckeye
Advanced Manufacturing,Energy,Distribution&Logistics,Mission Critical,Retail,Entertainment&
Hospitality, Healthcare,Aviation,Entrepreneurship, and Higher Education.
Casa Grande
Advanced manufacturing; automotive technology; transportation/logistics; healthcare/medical services;
aviation/aerospace; and hospitality/entertainment
Chandler
Advanced business services; corporate/regional headquarters; healthcare; advanced manufacturing;
software development; aerospace/aviation; automotive technology; and applied research
El Mirage
Business Services; standard and advanced manufacturing;transportation;warehousing/distribution; heavy
industrial; food, fiber,and natural products; and aerospace aviation
Fountain Hills
Assembly(small scale),biosciences, financial services,healthcare,hospitality,retail and start ups
Gila Bend
Clean technology(manufacturing/central station generation/R&D);
warehousing/transportation/distribution;military supply chain;tourism/hospitality; standard
manufacturing; agriculture/agri-biotechnology; food, fiber and natural products; aerospace/aviation; and
heavy industrial
Gilbert
Aerospace/aviation and defense; advanced business and professional services; finance and insurance;
healthcare and education services; information communication technology; manufacturing; clean and
renewable technology; and related corporate/regional headquarters
Pagel of 3
Glendale
Advanced business services; aerospace, aviation and defense; healthcare and bioscience; manufacturing;
technology and innovation
Goodyear
Retail, Entertainment&Hospitality,Life Sciences, Small Business,Advanced Manufacturing,Advanced
Business Services, and Technology.
Maricopa(City)
Advanced industrial manufacturing: semiconductors, automotive,EV manufacturing,high tech, and
supply chain; research and development;professional and business services;healthcare services; small
business and entrepreneurship;higher education and education technology; agribusiness/agrisciences; and
visitor/hospitality commerce.
Mesa
Standard and advanced manufacturing including medical device; research&development; automotive
technology and aerospace/aviation/defense; advanced business services; cybersecurity; information
technology; healthcare/life sciences;mission critical operations;tourism;regional and corporate centers;
and climate tech
Peoria
Advanced business and financial services; semiconductor and advanced manufacturing; bioscience and
healthcare;technology and innovation; and research and development
Pinal County
Advanced Manufacturing;Aerospace,Aviation and Defense; Electric Vehicle Technology&
Manufacturing;Healthcare; Bio/Life Sciences; Transportation,Distribution&Logistics;Natural and
Renewable Resources(Mining,Agriculture, Solar); and Tourism/Hospitality
Phoenix
Biosciences and healthcare; advanced manufacturing; aerospace and defense including advanced air
mobility; electric and autonomous vehicles; advanced business services; emerging technologies,FDI and
trade; circular economy; and entrepreneurship and innovation
Queen Creek
Advanced manufacturing and electrification supply chain; Energy, grid, and infrastructure services;
logistics and industrial services; Digital, IT and business operations services; and agricultural and
destination economy
Scottsdale
IT services and software; financial and insurance services and technology; healthcare services and
innovation; logistics Management; tourism; and corporate headquarters
Surprise
Advanced Manufacturing; Corporate,Regional&Operational Headquarters; Business&Professional
Services;Healthcare,Medical Services&Life Science Support; Innovation, Entrepreneurship&
Emerging Technology;Destination Retail,Dining&Experiential Development; Tourism, Sports&
Hospitality; and International Business&Investment(FDI).
Tempe
Advanced Business Services,Advanced Manufacturing,Aerospace and Defense,BioScience and
Page 2 of 3
BioTechnology, Semiconductor and Supply Chain, Tourism and Hospitality
Tolleson
E-Commerce/fulfillment centers;resort/tourist-oriented development; expanded retail opportunities; small
manufacturers with some related retail and offices
Wickenburg
Resort/tourist-oriented development;healthcare with an emphasis on behavioral health;transportation&
distribution; expanded retail opportunities; senior industries, equestrian and rodeo industries
Youngtown
Youngtown is in the throes of developing a commerce park. The park will target second-stage small
manufacturers with some related retail and offices.
Page 3 of 3
EXHIBIT D
FY 2027
REPORTING MECHANISM FOR CONTRACT FULFILLMENT
Monthly Activity Report - Month, Year
BUSINESS ATTRACTION PERFORMANCE METRICS:
GPEC Progress Toward Goals
Annual Contract Actual Goal %of
Targeted Opportunities Goal YTD YTD Goal YTD
PAYROLL GENERATED(MILLIONS)
NUMBER OF JOBS
NUMBER OF HIGH-WAGE JOBS
AVERAGE HIGH WAGE SALARY
QUALIFIED PROSPECTS
QUALIFIED INTERNATIONAL PROSPECTS
GPEC ASSISTS
COMMUNITY RETURN ON INVESTMENT
STAKEHOLDER SATISFACTION WITH
BUSINESS ATTRACTION
STAKEHOLDER SATISFACTION WITH
COMPETITIVE POSITION
KEY BUSINESS ATTRACTION ACTIVITIES AND OTHER GPEC ACTIVITIES
GPEC continues to target high-wage industries(Advanced Business Services;Aerospace&Defense; Battery&
Energy Storage;Emerging Technologies;Healthcare and Biomedical;Manufacturing&Logistics;Mission Critical
Operations;Semiconductor Ecosystem; and Software)
Page 1 of 1
EXHIBIT E
INSURANCE REQUIREMENTS
GPEC, 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.
GPEC'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. GPEC
shall be solely responsible for the deductible and/or self retention and City, at its
option, may require GPEC 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
GPEC of any deficiencies in such policies and endorsements, and such receipt shall
not relieve GPEC from, or be deemed a waiver of, City's right to insist on strict
fulfillment of GPEC'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
Page I of 4
Commercial General Liability
GPEC 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 GPEC's
operations and products and completed operations.
If required by this Agreement, if GPEC sublets any part of the work, services or
operations, GPEC 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 GPEC'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 GPEC's Commercial General Liability
insurance.
Automobile Liability
GPEC 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 GPEC's owned, hired, and non-owned
vehicles assigned to or used in performance of GPEC'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
GPEC shall carry Workers' Compensation insurance to cover obligations imposed
by federal and state statutes having jurisdiction of GPEC's employees engaged in
the performance of the work or services; and, Employer's Liability insurance of not
Page 2 of 4
less than $100,000 for each accident, $100,000 disease for each employee, and
$500,000 disease policy limit.
By execution of this Agreement, GPEC 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 GPEC has no employees for whom workers' compensation insurance is required,
GPEC shall submit a declaration or affidavit to City so stating and covenanting to
obtain such insurance if and when GPEC employs any employees subject to
coverage.
In case any work is subcontracted, GPEC will require subcontractors to provide
Workers' Compensation and Employer's Liability insurance to at least the same
extent as required of GPEC.
Professional Liability
GPEC will maintain Professional Liability insurance covering acts, errors, mistakes
and omissions arising out of the work or services performed by GPEC, or any
person employed by GPEC, with a limit of not less than $1,000,000 each claim.
Certificates of Insurance
Prior to commencing work or services under this Agreement, GPEC shall furnish
City with Certificates of Insurance, or formal endorsements as required by the
Agreement, issued by GPEC'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 GPEC's work or services and as evidenced by annual Certificates of
Insurance.
If a policy does expire during the term of the Agreement, a renewal certificate must
be sent to City thirty (30) calendar days prior to the expiration date.
Page 3 of 4
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 under this Agreement 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.
Page 4 of 4
Regional Cooperation Protocol Policy
Greater Phoenix Economic Council and Economic Development Directors Team
The foundation of this policy is built on trust and the spirit of regional cooperation among the entities involved.
GPEC and the Economic Development Directors of its member communities agree and acknowledge that it is
important that they work together as partners on projects involving the communities which GPEC represents,
regardless of the source of the lead, as follows:
1. Demonstrate a commitment to the positive promotion of the Greater Phoenix, specifically, GPEC
member communities, as a globally competitive region.
2. Maintain the highest standards of economic development prospect handling, including confidentiality,
without jeopardizing a prospect's trust to secure the probability of a regional locate. Partners agree to
respect the prospect's request for confidentiality but also agree to notify each other as to the existence of
a project with a confidentiality requirement when able and shall make a good-faith effort to involve the
appropriate state,regional or local partners at the earliest possible time.
3. Unless otherwise restricted, agree to coordinate through GPEC for any prospect considering a project in
Maricopa County or in any of the communities that GPEC represents,understanding that GPEC is in a
unique position to represent and speak on regional economic development issues and on characteristics
of the region's economy. Likewise, GPEC acknowledges that communities are in the best position to
speak about local incentives and efforts surrounding the local economy.
4. For projects that originate with a GPEC member community, GPEC will be available for confidential
research access,topical expertise or as a service provider,to add value to the community in securing the
project. Additionally, GPEC will not e-track the project unless the community lead makes such a
request to do so.
5. Provide accurate and timely information in response to specific requests by all prospects. When a client
has narrowed sites to specific GPEC member communities,GPEC will make a good faith effort to
inform those affected EDDT members first. EDDT members agree to provide information solely on
their own community when the information requested is site-specific(i.e.,cost of land,taxes,
development fees,utility availability and cost,zoning process timing,permit timing and local
incentives). When site-specific information related to other GPEC communities is requested, EDDT
members agree to(i) direct GPEC prospects back to GPEC or(ii)direct non-GPEC generated prospects
to contact the affected communities directly,and as a courtesy,contact the affected communities.
6. Agree that regardless of the lead source,public locate announcements shall be coordinated among the
company, GPEC member community,and GPEC to reflect inclusiveness and cooperation of all partners
(subject to any confidentiality requirements).
7. GPEC and EDDTs will advocate for a robust operating budget for the state economic development
agency,and champion sound statewide economic development programs and policies.
8. Discourage the proactive offering of local,municipal financial incentives for existing jobs to companies
with current operations in another GPEC community.
9. Inform GPEC member community when a company visits or physical site visit within that community
will occur. Economic Development Directors will be the primary point of contact for the company when
community information is needed.
10. In the event that a project working with GPEC or any member community is discovered to have an
Page 1 of 2
existing presence within the region,the member community will notify the economic development
director of the project's current home community,notwithstanding prohibition due to a non-disclosure
agreement.
11. Agree that the consideration of a future community to GPEC's membership will be brought before
EDDT for discussion in advance of any board consideration. EDDT will make a recommendation on the
addition of a new community to GPEC's President and CEO.
12. Formalize a process to convene GPEC and Economic Development Directors of GPEC member
communities biannually, and cooperate in the exchange of information and ideas reflecting practices,
procedures and policies relating to prospect handling and regional economic development.
13. Work collectively to maintain a high level of trust and integrity by and between GPEC and the
Economic Development Directors of GPEC member communities,utilizing differing views as an
opportunity to learn.
14. When conducting market intelligence initiative objective, GPEC staff will coordinate with EDDT to
ensure coordination and communication.
15. When a Prospect Information Form(PIF)is issued by the state economic development agency GPEC
will coordinate the region's response. All PIF submissions will be directed to GPEC's attention and
GPEC will assemble the response and return to the state economic development agency.
16. It is understood GPEC will or may host annual executour(s)and/or other marketing familiarization
tour(s)to promote the regional communities. GPEC will make every attempt to provide as much
interaction time between the executour guests and EDDTs. It is understood EDDTS will inform GPEC
of any upcoming executour(s)and/or other marketing familiarization tours scheduled by their office.
17. Partners agree to enter into a mediation process if there is evidence that this Protocol has not been
observed in a material respect or a professional conflict arises that cannot be settled. This mediation
process will be convened by the EDDT Chair,who may, at his/her discretion,consult or involve
GPEC's President and CEO in addition to others with topical expertise central to the conflict.
Page 2 of 2
X
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Apache Junct
0
C: ity (:ouncil
Greater Phoenix
CT> Economic Council
602.256.7700 /// gpec.org
11
138
Abo'dt (3p E (:
ABOUT GPEC
GPEC by the Numbers
Over the last 36 years, GPEC has fueled 11075 +
the regional economy, • up some Regional Locates
impressive • • the way.
• •197K+
r:
rn
E .
ei, 1
New Jobs
WE
— � [— �.q.� — •_ __� ��� .. � - •. .4 o���'i������$ �it��—�. '' Icy
Ing
$ 7 eS
Photo Credit: Visit Phoenix
Capital-
Investment
GPEC Services . . . . . . .
Operating Cost Comparison Regional Labor Market Data Site Selection Assistance
• Perform annual operating cost • Provide current wage rates, labor • Aggregate a comprehensive listing of
comparisons across major markets. force and skill levels based on value-based assets, unique buildings
• Analyze real estate, labor, utilities, occupation and industry. and shovel-ready sites.
taxes and incentives. • Analyze labor force availability • Provide easy property search by size,
data and create custom drive location, price, zoning and more.
time analysis.
• Connect with local employers for
HR insight.
Economic Impact Analysis Connectivity To Key Resources Public Relations Assistance
• Evaluate project's economic • Introduce your company to • Draft a press announcement and
impact and community benefit. community college, university and coordinate quotes from key
• Prepare geospatial analysis. key workforce assets. stakeholders on behalf of the client.
• Coordinate with state and local • Distribute announcement to media
regulatory authorities. outlets.
• Connect you to business leaders • Support and coordination for ribbon
within the region. cutting and grand opening events.
4
(3PE (Z & (: Ity of
Apache Junction
v
OF •
Apache Junct *ion Commun *1ty Bene s Report
a 0
01'mw
Revenue Return
Apache Junction Investment Return on Investment
(5-Yr Trend)
$ 22004/ S $ 28
682
Funding Request for FY27 of direct revenue for new jobs for Apache
AZ Office of Economic every $1 invested Junction residents from
Opportunity 2025 Population region-wide locates
8M
2M
20 , 2 6 • •
Funding Request for FY26 in new consumer spending in new Apache
AZ Office of Economic generated by new Apache Junction direct
Opportunity 2024 Population Junction jobs and employed revenues
Apache Junction residents
6
Apache Junction Community Benefits Report
Results through regional success
FY26 FY25 5-Year Total Notable Locates
Payroll Generated ($M) $409.23 $572.02 $2,690.30 lvmkor DW CORNING
Technology
yobs 6,295 71206 39,522 (a LG Energy Solution
wSSS
High-Wage Jobs 21602 41983 211339 TRIPLE-S STEEL
Stryker
Average Salary $65,009 $79,381 $68,070U/r7lo�
�L
UA5USMC1qCH,9NTS
Qualified Prospects 226 264 1 ,268 Neste
Assisted Locates 37 54 232 R� /� ti ' ,
AS M tSMC
REPUBLIC
Capital Investment ($M) $21163J7 $71208.72 $451278.30 SERVICES
GPEC & CITY OF •
C *Ity of Ap Junct 'i8on & GPEC Partnersh *ip
Competitive Intelligence
GPEC offers the City of Apache Junction access to the following
unique tools and expertise :
locates in Greater Phoenix GPEC has
• Comprehensive demographic, labor, targeted industry assisted in the last five years, including
information and marketing assistance
• MetroComp operating cost-comparison software for
50 markets
jobs and
• Greater Phoenix Consensus Impact Model analysis
• Community spotlights in GPEC's newsletters & social media *r'
in capital investment
• Customized research requests
�T� 8
'0
Action Plan &
I
Strategic Pan
FY26 - FY28 Vision
Be the leading market for high -value
investments and growth for local , national
and international businesses with an eye
to the industries of the future , enablinc
smart growth and advancing prosperity
for the people of Greater Phoenix .
ACTION PLAN FY27
FY trategic P an Goa s
Goal 1 Goal 2 Goal 3
Build an internationally Advance the region through Ensure GPEC is nimble in
recognizable regional brand as a future-focused investments and executing its mission as
market uniquely positioned for infrastructure, robust support for markets, technologies and the
high-impact industries and the startup ecosystem, and best- region continue to evolve.
growth driven by innovation . in-class support for expanding
and relocating firms.
-------------- ................................ -----
LU
or
FY26-28 FY26-28 FY26-28
Strategic Strategic Strategic
Plan Goals U Plan Goals Plan Goals
V)
FY26 Action FY27 Action FY28 Action
Plan Strategies Plan Strategies Plan Strategies
& Tactics & Tactics & Tactics
�� 11
X
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In
Thank Y
Greater Phoenix i
CT> Economic Council
602.256.7700 /// gpec.org
City of Apache Junction, Arizona 300 E Superstition
Boulevard
U = Agenda Item Cover Sheet Apache Junction,AZ 85119
` • Agenda Item No.2.
�Piz File ID: 26-320
Sponsor: Shane Kiesow Agenda Date: 6/15/2026
Index: In Control: City Council Work Session
Presentation and discussion on the Public Works Fiscal Year 2026-2027 Capital Improvement
and Street Maintenance Plan.
City of Apache Junction,Arizona Page 1 Printed on 611112026
�PQpCNF✓
ti Public Works Department
E5 z e loe� J4f-.e�
Home of the Superstition Mountains
gHIZON
Date: June 12, 2026
To: Mayor and Members of the City Council
Through: Bryant Powell, City Manager
Mike Loggins, Public Works Director
From: Shane Kiesow, Public Works Deputy Director
Subject: Public Works Fiscal Year 2027 Capital Improvement
& Street Maintenance Plan
Public Works staff respectfully brings forth their Fiscal Year 2027 Capital Improvement & Street
Maintenance Plan for presentation and discussion. The presentation's primary focus will be the
street maintenance and capital improvement projects planned for the new fiscal year starting
July 1, 2026 carrying through to June 30, 2027.
Presentation is for information purposes and the opportunity for council members to ask
questions. Many projects in the plan are to be done by contractors and will come back to city
council per city's procurement rules for consideration of award.
575 E. Baseline Avenue, Apache Junction, AZ 85219
• Voice (480) 982-1055 • FAX (480) 983-5752 or (480) 982-8005
PUBLIC WORKS CAPITAL IMPROVEMENT &
STREET MAINTENANCE PLAN
FISCAL YEAR 2026=2027
DATE: June 15, 2026
Objectives
➢ 2026 Street Inventory update
➢ Overview of FY27 Public Works
Capital Improvement and Street ►� �'- �- NL` � ' - ' '
Maintenance Plan
■ Capital Maintenance Projs. and
New Construction
■ Projects and Timeframes Radiance Subdivision
- fog seal May 2026
Council DISCUSSIOCl/Q&A
Street Pavements : Street Rating
Remaining Service Life ( RSL)
V
RSL: 0 RSL: 20
Cactus/Auto Center Dr. — Rehabilitation November 2025
Street Inventory Condition
1 . Goal : > 12-14 average RSL total inventory
■ Current RSL 13.62, from 14.05 last year
2 . Goal : < 5% percent of streets in poor or -
worse condition -
-
0 0 - � . .
■ Currently at 4.0 %, from 7 / last year �-
3 . Goal : > 70% total inventory in Good to Broadway Ave. and
Excellent Condition Superstition Blvd
0 0 - March 2026
■ Currently at 72 /, up from 70 %
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Preservation Maintenance
• Project: Timeframe :
■ Crack seal Fall thru Winter 2026/27
■ Fog seal Spring 2027
■ Slurry seal Spring 2027
■ Chip seal (rural roads) Spring 2027
FY 2027 Street Maintenance Plan (continued)
Rehabilitation ( Pavement Overlay)
• Project: Timeframe :
■ Old West Highway, Idaho Rd . to Fall 2026
Tomahawk Rd .
■ S. Ironwood Dr., Elliot Ave. to Guadelupe Ave. Fall 2026
- Northbound lanes
FY 2027 Street Maintenance Plan (continued )
Reconstruction
• Project: Timeframe :
■ Lost Dutchman Blvd ., Ph . 4 Reconstruction Fall/Winter 2026/27
- Meridian Dr. to Ironwood Dr.
FY 2027 PublicWorks CIP Plan
Capital Improvement Projects ( Cir ,
Construction :
■ Delaware Dr./Southern Ave. New Traffic Signal Installation
■ Ironwood Dr./Baseline Ave. Traffic Signal Improvement
■ Southern Ave. and Tomahawk Rd . Street and Drainage Improvement
■ Idaho Rd . and Superstition Blvd . Sidewalk Improvement
■ Apache Villas Subdivision Sidewalk Ramp Improvements
■ Meridian Dr./Southern Ave. Drainage Channel Improvements
■ Traffic Signal Fiber Optic Improvements
FY 2027 PublicWorks CIP Plan
Capital Improvement Projects ( C , ,
• Designs/Studies:
■ Weekes Wash Regional Detention Design
■ Tomahawk Rd . Improvements, Southern Ave. to Old West Highway
Design
■ Public Works/Water Expansion, Complete Design and Start Construction
■ Complete Engineering Standards Update
■ Update 2006 Stormwater Master Plan
FY 2027 StreetCapitalImprovement
Maintenance Plan
Question cz ?
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Apache Trail Median Curbs Phase 5
July 2025
FY27 CIP & Street Maintenance Plan Updated: 5/18/26
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City of Apache Junction, Arizona 300 E Superstition
Boulevard
U Agenda Item Cover Sheet Apache Junction,AZ 85119
` • Agenda Item No. 3.
PIZ File ID: 26-321
Sponsor: Emile Schmid Agenda Date: 6/15/2026
Index: In Control: City Council Work Session
Presentation and discussion for on-call consulting services for RFQ PW 26-02 Engineering
On-Call Services Fiscal Year 2027-2030, authorizing the city to enter into agreements with
consulting firms in each of three service areas for on call consulting services.
City of Apache Junction,Arizona Page 1 Printed on 611112026
Public Works Department
575 E. Baseline Ave., Apache Junction, AZ 85119
(480) 982-1055
June 15, 2026
To Honorable Mayor and Members of the City Council
Through Bryant Powell, City Manager
Michael Loggins, P.E., Public Works Director
From Emile Schmid, P.E., City Engineer
Subject RFQ PW 26-02 ENGINEERING ON-CALL SERVICES FISCAL YEAR 2027-2030
The City of Apache Junction Public Works Department has completed the consultant selection
process for the on-call consultant list for the above-mentioned project. The review committee
has reviewed thirty (30) submittals from twenty-five (25) submitting firms in accordance with
City of Apache Junction Procurement Code. The following list shows all firms selected for the
on-call services by Service Area (SA). The final published Request for Qualifications includes a
description of the scope of work for each Service Area and a draft of the professional services
contract that will be used with each of the consultants.
SA 1: GENERAL CIVIL ENGINEERING SA 2: GENERAL SURVEY SERVICES
Burgess & Niple, Inc. Alta Environmental & Infrastructure
Entellus, Inc. Colliers Engineering & Design
Kimley Horn and Associates, Inc. Engineering Alliance
Stantec Entellus, Inc.
T.Y. Lin International, Inc. TYPSA (formerly Aztec Engineering Group)
Wood/Patel & Associates, Inc. Wood/Patel & Associates, Inc.
SA 3: GEOTECHNICAL
Ethos Engineering LLC
Ninyo & Moore
Quality Testing, LLC
UES (formerly Speedie &Associates)
Recommendation
City staff respectfully request city council consider award of on-call contracts to the selected
consultants for on-call services for fiscal years 2027-2030 at the July 7, 2026, regular council
meeting.
Home of the Superstition Mountains
www.apachejunctionaz.gov
PQACHF ✓
O O
1.=1�ILrGi-
qP/Z ON P
REQUEST FOR QUALIFICATIONS
FOR
ENGINEERING ON-CALL SERVICES FISCAL YEAR 2027-2030
FOR THE CITY OF APACHE JUNCTION
PROJECT NO. RFQ PW 26-02
CITY OF APACHE JUNCTION
300 EAST SUPERSTITION BOULEVARD
APACHE JUNCTION, ARIZONA 85119
Submittal Deadline: April 30, 2026, at 2:00 P.M. Arizona Time
REQUEST FOR STATEMENT OF QUALIFICATIONS FOR
ENGINEERING ON-CALL SERVICES
Project No.: RFQ PW 26-02
Notice is hereby given that the City of Apache Junction ("City") Department of
Public Works is seeking qualified consultants to provide on-call engineering
services citywide on an as-needed basis from July 1, 2026 to June 30, 2029. The
City anticipates selecting a minimum of three consultants from each of the three
Service Areas listed below and rotate award of needed consultant service
contracts among the three selected firms throughout the on-call contract period.
All consultant on-call contracts shall be established for a three (3) year term, with
the City's option to renew each on-call contract for up to two (2) additional years.
The City of Apache Junction may be in receipt of federal funds for projects.
Therefore, all services shall be accomplished in accordance with all federal
program and state statutory requirements to include Executive Orders,
Administrative Rules and Regulations, as applicable to the regulatory agency.
Information on the Request for Qualifications and requirements are available
online at https://www.apachejunctionaz.gov/826/Current-Solicitations.
RFQ Issued: Thursday April 9, 2026
RFQ Due Date: Thursday April 30, 2026
Offer Time: 2:00 P.M. Arizona Time
Number of Qualifications: One (1) original and four (4) copies
Inquiry Contact: Anna Davis, Procurement Administrator
adavis1(ab-apachejunctionaz.gov
Project Number RFQ PW 26-02
MailingAddress: 300 East Superstition Boulevard
Apache Junction, AZ 85119
Response Delivery Location: 300 East Superstition Boulevard
Apache Junction, AZ 85119
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REQUEST FOR STATEMENT OF QUALIFICATIONS FOR
ENGINEERING ON-CALL SERVICES
PROJECT NO. RFQ PW 26-02
1. PURPOSE
The City of Apache Junction is seeking qualified consultants to provide
Engineering On-Call services citywide on an as-needed basis from July 1, 2026
through June 30, 2029. Interested firms may submit on any or all of the services
listed.
Firms must specifically identify on the Request for Qualifications Information
Sheet the categories and associated services for which the Bidder is qualified
and interested in providing to the City. Firms will be selected based on where they
score the highest and based on number of firms selected per category but may
still provide all the services for which the Bidder submitted.
2. DEFINITIONS
A. Bid" is the response to the IFB submitted to the City by a bidder
B. "Bidder" shall mean any person, corporation or other entity who
submits an IFB response to the City pursuant to these documents.
C. "City" shall mean the City of Apache Junction.
D. "Final List" shall mean the list of Bidders who the City determines are
the most qualified based on their Bids and, if held, their interviews.
E. "Qualified Bidder" shall mean a Respondent that is on the Final List.
F. "RFQ" means this Request for Qualifications.
3. SCOPE OF WORK
The Qualified Consultants will be responsible for providing engineering and
consulting services to various City departments, including: Public Works
Department, Apache Junction Water District, Parks and Recreation Department,
Development Services Department, and City Management. The scope of work for
the anticipated on-call projects may include design, specification review and
other miscellaneous services. The not to exceed amount for all projects under
each service area are listed below.
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Disci line Contract
Limit
❖ Service Area 1: General Civil Engineering $ 500,000
❖ Service Area 2: General Survey Services $ 200,000
❖ Service Area 3: Geotechnical $ 100,000
A detailed description of each Service Area is provided below.
Service Area >—General Civil Engineering:
Bidders may submit for any or all of the sub-elements listed in the General Civil
Engineering category. If a prime consultant cannot provide services in all the
sub-elements listed, the prime consultant can partner with sub-consultants who
provide those services, or state which sub-elements will not be provided as part
of their services. Provide an organizational chart showing lines of communication
and task responsibilities. Each sub-element listed is to be covered under a
combined single General Civil Engineering SOQ. Consultants will need to
understand impacts of these projects relating to all sub-elements listed. The City
may or may not have potential projects in each sub-element, but consultants will
need to understand the implications of all sub-elements on proposed
improvements.
At a minimum Bidders need to demonstrate proficiency in the following sub-
elements for the General Civil Engineering Service Area:
1. Roadway / Drainage Infrastructure
2. Traffic Engineering / Transportation
3. Water Resources / Hydraulics / Hydrology / Floodplains
4. Design of Concrete Structures (Roadway & Drainage)
5. Water/ Wastewater
Service Area 2—Survey/Right-of-Way Acquisition:
This Service Area includes boundary/topographic surveys, construction staking,
right-of-way acquisition, relocation assistance services and horizontal and
vertical control network services (GDACS). Both survey and right-of-way services
will be needed. Bidders may partner with other firms to provide services in both
survey and right-of-way areas. Right-of-way acquisition firms must submit as a
sub-consultant to a surveying prime consultant.
Service Area 3—Geotechnical.•
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Geotechnical engineering services.
4. CONTENTS OF RESPONSE
The Qualified Firm will be selected through a qualifications-based selection
process based on the evaluation criteria outlined herein. Responses shall be
scored in accordance with Section 6 and contain the following information:
4.1 Explain the legal organization of the Bidder. Identify the location of
the Bidder's principal office and percentage of the work to be done locally.
4.2 A discussion of the Bidder's work philosophy, the approach to
developing sound, cost conscious and schedule sensitive project
recommendations/solutions, and the approach to problem resolution.
4.3 A brief description of the Bidder's experience in performing
municipal related services for preparation of construction
designs/studies/documents etc. for related projects.
4.4 A list of similar projects performed for governmental organizations in
the last five years. Example needs include roadway design, bridge culvert design,
open channel design, transportation and infrastructure master plans, roadway
corridor/alignment studies, roadway design concept reports, water and sewer
utility design/planning studies, and Capital Improvement Program financing
plans.
4.5 The number and type of staff positions (e.g., engineer, planner,
architect, surveyor, etc.) assigned to other municipal related projects including
their experience in performing design/planning projects. Furnish resumes of key
staff who will be assigned to managing these projects.
4.6 The Bidder's assurance that contract design/planning work will not
result in a conflict of interest.
4.7 A statement about the Bidder's capacity and ability to proceed
without delay if selected.
4.8 A statement concerning the Bidder's record of completing similar
civil municipal projects on time and within allocated budget over the last five
years.
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4.9 A statement concerning the location where the design/planning
efforts will be primarily performed.
4.10 Provide an organizational chart showing personnel, task
responsibilities, and lines of communication for tasks associated with this RFP.
Bidders interested in these services should submit a Statement of Qualifications
which includes a one-page cover letter plus a maximum of ten (10) additional
pages (not including resumes) to address the RFQ criteria. No appendices shall
be allowed, except for a resume appendix. DO NOT submit information regarding
fees, price, man-hours or any other cost information with this Statement of
Qualifications and Experience. Submittals containing this information will not be
considered. The ten (10) page count excludes the front and back covers,
appendix divider, and any included resumes. Font size must be 10 points or
greater.
5. SUBMISSION OF RESPONSES
Responses shall include a cover letter and the information required in Section 4.
Resumes for key personnel shall be limited to a maximum length of two (2) pages
each and should be attached as an appendix to the Response.
Sealed Responses containing one (1) signed original and four (4) duplicate copies
will be accepted in the City Clerk's Office located at 300 East Superstition
Boulevard, Apache Junction, Arizona, 85119, until April 30, 2026, at 2:00 P.M.
Arizona time. Responses shall be marked on the front in black lettering as:
"ENGINEERING ON-CALL SERVICES PROJECT # RFQ PW 26-02" along with the
name and address of the Respondent. Responses must be signed by a person
duly authorized to execute the same on behalf of the Bidder.
Only one (1) submittal per Bidder will be accepted. If multiple responses are
received from Bidders with common ownership interests or collective assets or
is managed by the same individuals or other legal entities, such additional
submittals will be deemed duplicitous and shall be disqualified from the RFQ
process.
The City reserves the right to reject any and all Bids, to waive informalities and
technicalities, and to suspend the procurement deadlines applicable to this
process in its sole discretion.
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Late or unsigned Bids will not be accepted.
Bidders shall confirm receipt of all addenda issued to this RFQ in its cover letter
submitted with its Bid. It is the Bidder's sole responsibility to confirm receipt of
all addenda issued to the RFQ. Failure to do so will result in the proposal being
declared non-responsive. Bidders will NOT be notified of addenda. If addenda
are issued, they will be published on the City's electronic bidding platform at
www.publicpurchase.com.
6. SELECTION CRITERIA AND SCORING
The selection criteria and relative weights for determining the order of Bidders
on the Final List are as follows:
CRITERIA MAXIMUM SCORE
Experience of the consultant 45
Experience of Key Personnel 25
Project Management and Responsiveness 25
Staffing information for Key Personnel 5
Total Maximum Points 100
Please be advised thatfailure to provide the information required in Section 4 will
result in disqualification.
7. SELECTION PROCESS
7.1 Interviews will not be held. The City will enter negotiations with the
Qualified Bidder to enter into a contract. If the City is unsuccessful in negotiating
a contract with the Qualified Bidder, the City may terminate negotiations with the
Qualified Bidder and enter into negotiations with the next lower ranked Qualified
Bidder until a contract is executed. The City may decide to terminate the
selection process at any time.
7.2 Schedule: The following tentative schedule has been prepared for
this selection process:
• RFQ Issued April 9, 2026
• RFQ Due Date April 30, 2026 by 2:00 P.M.
• Execution of Contract by June, 2026
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8. INQUIRIES
All questions regarding this RFQ shall be submitted via the Public Purchase portal
www.publicpurchase.com no later than April 23, 2026 at 12:00 P.M. All questions
and answers will be posted as a formal Addendum to the RFQ, published on the
City's electronic bidding platform at www.publicpurchase.com as Q&A
Clarifications.
9. BID PROTESTS
Other than a disqualification determination, any aggrieved person may protest
the bid solicitation per Apache Junction City Code, Vol. I, Art. 3-7-8, Bid Protest
and Appeal. The Apache Junction City Code is located at
https://codelibrary.amlegal.com/codes/apachejunction/latest/overview.
10. GENERAL CONDITIONS
10.1. This RFQ does not commit the City to award a contract, to defray any
costs incurred in the preparation of a Bid, or to procure or contract for services.
10.2. The City reserves the right to cancel, in part or in its entirety, this RFQ
including but not limited to selection schedule, submittal date, and submittal
requirements. If the City cancels or revises the RFQ all Bidders will be notified in
writing by the City.
10.3. The City reserves the right to extend the date by which the submittals
are due.
10.4. All submittals become the property of the City. Except for the name
of Qualified Bidders on the Final List, no information contained in a Bid shall be
made public until after award and execution of a contract with the Qualified
Bidder.
10.5. The City reserves the right to request additional information and/or
clarifications from any or all Bidders.
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Attachments:
Sample Professional Services Contract
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ENGINEERING SERVICES AGREEMENT BETWEEN
CITY OF APACHE JUNCTION AND
FOR ENGINEERING ON-CALL SERVICES PROJECT NO. RFQ PW 26-02
THIS AGREEMENT is made as of the day of 20 (the
"Effective Date") by and between the CITY OF APACHE JUNCTION, an Arizona
municipal corporation ("City"), and , an Arizona limited
liability company/corporation ("Consultant"), sometimes collectively referred to
as the "Parties" or individually as a "Party" for the project entitled
RECITALS
A. City desires to retain a engineer to assist in a comprehensive
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 to it.
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 to 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 (the "Services").
2. COMPENSATION: In accordance with Exhibit B and the terms and
conditions of this Agreement, City shall compensate Consultant for the Services
in an amount not to exceed Dollars and Cents ($ ) (the
"Contract Amount").
3. CONSULTANT BILLING: Consultant shall invoice City on a time and
expense basis in a total amount not to exceed the Contract Amount. City agrees
to process for payment invoices received from Consultant within thirty (30)
calendar days following receipt of such invoices, provided Consultant fulfills all
duties and obligations set forth in this Agreement. Review of invoices by City may
include an inspection of the Services.
4. TERM: The term of this Agreement shall commence
on , 20 and end on , 20 . This
Agreement may be extended upon mutual written consent of the Parties provided
that any amendment shall be executed by an authorized signatory of the Parties
and provide in writing the amended term of the Agreement and, if applicable, a
specified dollar amount of additional payment to be owed by City to Consultant.
5. CITY'S STANDARD OF PERFORMANCE: City shall furnish Consultant
with all data, information and other supporting services necessary for Consultant
to perform the Services. City shall not be responsible for discovering deficiencies
in the technical accuracy of the Services.
6. CONSULTANT'S STANDARD OF PERFORMANCE: The Services shall
be performed by qualified professionals licensed in Arizona, selected and paid by
Consultant and acting in the interest of the Consultant. While performing the
Services, Consultant and its subcontractors 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
or its subcontractors commit in the performance of this Agreement. Consultant
shall correct any deficiencies in the technical accuracy of the Services without
additional compensation except to the extent such corrective action is directly
attributable to deficiencies in any information provided by City.
7. NOTICES: All notices to 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
Emile Schmid
Department of Public Works
575 East Baseline Avenue
Apache Junction, AZ 85119
If to Consultant:
8. INSURANCE:
8.1 General Provisions. Consultant, at its own expense, shall purchase
and maintain during the Term the insurance required by this Agreement with
companies duly licensed, possessing a current A.M. Best, Inc. Rating of B++6, or
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approved unlicensed in the State of Arizona with policies and forms satisfactory
to City.
All insurance required by this Agreement shall be maintained in full force and
effect until the Services are accepted by the City. Failure to do so may, at the sole
discretion of City, constitute a material breach of this Agreement.
Consultant's insurance shall be primary insurance as respects the City, and any
insurance or self-insurance maintained by City shall not contribute to it.
Any failure to comply with the claim reporting provisions of the insurance policies
or any breach of an insurance policy warranty shall not affect coverage afforded
under the insurance policies to protect City.
The insurance policies, except Workers' Compensation, shall contain a waiver of
transfer rights of recovery (subrogation) against City, its agents, officers, officials
and employees for any claims arising out of Consultant'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.
The insurance policies required by this Agreement, except Workers'
Compensation and Professional Liability, shall name City, its elected officials,
agents, officers, and employees as Additional Insured Parties.
Consultant shall expressly bind any subcontractors, or any other lower tier
subcontractors, used in the performance of any aspect of the Services, to the
insurance requirements in this Agreement, making such obligations applicable to
the other subcontractor to the same extent as it is applicable to Consultant. The
purpose of this provision is to require any lower tier subcontractor, regardless of
level, to provide insurance and indemnity required by this Agreement.
8.2 Commercial General Liability. Consultant shall maintain throughout
the Term Commercial General Liability insurance with a limit of not less than
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$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 policies 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
Consultant's operations and products and completed operations.
If Consultant sublets any part of the Services, Consultant shall purchase and
maintain, at all times during prosecution of the Services an Owner and
Contractor's Protective Liability insurance policy for bodily injury and property
damage, including death, which may arise in the prosecution of the Services.
Coverage shall be on an occurrence basis with a limit of not less than $2,000,000
per occurrence, and the policy shall be issued by the same insurance company
that issues Consultant's Commercial General Liability insurance.
8.3 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 the Services. 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, federal mandatory motor carrier safety ("MCS") 90 endorsement
shall be included and $5,000,000 per accident limits for bodily injury and property
damage shall apply.
8.4 Workers' Compensation. Consultant shall carry Workers'
Compensation insurance to cover obligations imposed by federal and state
statutes having jurisdiction over Consultant's employees engaged in the
performance of the 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.
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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 Services of this Agreement."
If Consultant has no employees for whom Workers' Compensation insurance is
required by federal or state statutes, Consultant shall submit a declaration or
affidavit to City so stating and covenanting to obtain such insurance if and when
Consultant employs any employees subject to coverage.
8.5 Professional Liability. Consultant shall 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.
8.6 Certificates of Insurance. Prior to commencing the Services,
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. 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 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. 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 Agreement shall be delivered to City Attorney, City of Apache Junction,
300 East Superstition Boulevard, Apache Junction, AZ 85119. The policy or
policies shall be in the usual form of 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
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its elected officials, officers, agents and employees are added as additional
insured parties under this policy."
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.
Consultant shall require its insurers to provide City thirty (30) calendar days' prior
written notice of any nonrenewal, cancellation, or material change in the
coverage under such policy reducing coverage to below the amounts required by
this Agreement. 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.
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 and related executive orders, quarantines, 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,
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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 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.
11. TERMINATION: This Agreement may be terminated by either Party
for any reason upon thirty (30) 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. City shall pay Consultant
for completed and acceptable work performed pursuant to this Agreement prior
to the date of termination.
12. INDEMNIFICATION: To the fullest extent permitted by law,
Consultant shall defend, indemnify and hold harmless City, its elected officials
and appointed officers, special districts, agents, and employees from and against
any and all liability including but not limited to demands, claims, actions, fees,
costs and expenses, including reasonable attorney and expert witness fees,
arising from, or alleged to have arisen from, relating to, arising out of, or alleged
to have resulted from the acts, errors, mistakes, omissions, work or services of
Consultant, its agents, employees, or any tier of Consultant's subcontractors in
the performance of this Agreement, but only to the extent caused by the
negligence, recklessness or intentional wrongful conduct of Consultant or its
subcontractors in the performance of the Services under this Agreement or any
subcontract. Consultant's duty to defend, hold harmless and indemnify City, its
elected officials and appointed officers, special districts, 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, Services 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, services or work 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, services or work Consultant may be
legally liable in the performance of the Services under this Agreement or any
subcontract. The amount and type of insurance coverage requirements set forth
in this Agreement will in no way be construed as limiting the scope of the
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indemnity in this Section 12. The rights and obligations under this Section 12 shall
survive expiration or termination of this Agreement.
13. TAXES: Consultant shall pay as they become due 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 AND FEES: Unless otherwise provided in this Agreement,
Consultant shall secure and pay for all applicable permits, government fees,
licenses and inspections necessary for the proper execution and completion of
services which are customarily secured after execution of the Agreement.
Consultant shall give all notices and comply with all laws, ordinances, rules,
regulations and lawful orders of any public authority bearing on the performance
of the Services. Consultant represents and warrants that any license necessary
to perform the Services is current and valid. Consultant understands that the
activity described in this Agreement 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. 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.
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 expiration 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 in this
Agreement only through Consultant.
17. INDEPENDENT CONTRACTOR: City and Consultant agree and
understand that the relationship between both Parties is that of an independent
contractor. As such, Consultant is not entitled to receive any benefits to which
City employees are entitled by virtue of their employment with City. City shall not
be responsible for payment to employees of Consultant for salaries, related taxes
(including, but not limited to, federal Social Security tax as well as federal and
state unemployment taxes) and all other expenses related to their employment or
contractual relationship with Consultant.
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
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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,
such subcontractor verifies the employment eligibility of the employee through
the E-Verify program. A breach of this warranty shall be deemed a material
breach of the Agreement that is subject to penalties up to and including
termination of this Agreement. Consultant is subject to a penalty of$100 per day
for the first violation, $500 per day for the second violation, and $1,000 per day
for the third violation. City at its option may terminate this Agreement after the
third violation. Consultant shall not be deemed in material breach of this
Agreement if the Consultant and/or subcontractors establish compliance with the
employment verification provisions of Sections 274A and 274E of the federal
Immigration and Nationality Act and the E-Verify requirements contained in A.R.S.
§ 23-214(A). City retains the legal right to inspect the papers of any Consultant or
subcontractor employee who works under this Agreement to ensure that the
Consultant or subcontractor is complying with the warranty. Any inspection will
be conducted after reasonable notice and at reasonable times. If state law is
amended,the Parties may modify this paragraph consistent with state law without
effectuating an official amendment to this Agreement. Email notification of the
modification would be sufficient notice.
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. Written and signed amendments shall automatically
become part of this Agreement, 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.
18
21. BINDING EFFECT, ASSIGNMENT AND DELEGATION: City and
Consultant each bind themselves, their partners, successors, assigns and legal
representatives to the other Party 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 shall assign the
Agreement or sublet it as a whole or delegate the duties under this Agreement,
without the written consent of the other Party, 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 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. OWNERSHIP OF WORK PRODUCT. All documents or other work
product generated on behalf of City in connection with this Agreement are
property of City. Any use or reuse of the documents or work product created by
Consultant for projects they were not intended and/or without the professional
involvement of Consultant shall be at City's sole risk and without liability to
Consultant.
25. CONFIDENTIALITY. All information received in the performance of
the Services shall be considered nonpublic and confidential. Consultant agrees
that neither it nor its contractors, agents or representatives shall communicate,
whether in writing or verbally, any information concerning the Services except in
strict compliance with the terms and conditions of an express authorization by the
City Attorney. This confidentiality provision shall not apply to communication by
19
Consultant with its subcontractors for the purposes of performing the Services
under this Agreement.
26. 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.
27. 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 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 this Agreement.
28. PROHIBITED USE OF FORCED LABOR: In accordance with A.R.S. §
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 that Consultant
is not in compliance with this Section 28, 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 ninety (90) calendar days after notifying the
City of such noncompliance, this Agreement shall terminate, except that if the
Agreement termination date occurs before the end of such ninety (90) day remedy
period, this Agreement shall terminate automatically.
29. 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.
30. ORDER OF PRECEDENCE. Should there be any discrepancy or
inconsistency between the terms and conditions of this Agreement and any terms
and conditions in any exhibit to this Agreement, the terms and conditions of this
Agreement shall control and prevail.
[Signatures on next page]
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IN WITNESS WHEREOF, Consultant and City have executed this Agreement
as of the date first set forth above.
CONSULTANT:
an Arizona limited liability company/
corporation
By:
Its:
CITY:
CITY OF APACHE JUNCTION, ARIZONA, an
Arizona municipal corporation
By: Walter "Chip" Wilson
Its: Mayor
ATTEST:
Evie McKinney
City Clerk
APPROVED AS TO FORM:
R. Joel Stern
City Attorney
21
STATE OF )
) ss.
COUNTY OF )
The foregoing was subscribed and sworn to before me this day
of , 20 , by as of
[Company Name], an Arizona [corporation/limited liability company].
Notary Public
My Commission Expires:
STATE OF ARIZONA )
) ss.
COUNTY OF PINAL )
The foregoing was subscribed and sworn to before me this day
of , 20 , by Walter "Chip" Wilson, as Mayor of the City of
Apache Junction, Arizona, an Arizona municipal corporation.
Notary Public
My Commission Expires:
22
EXHIBIT A
SCOPE OF WORK
EXHIBIT B
FEE SCHEDULE
24
r�
PACHT UNCTION
PRESENTATION & DISCUSSION : 26=321
ENGINEERING ON -CALL SERVICES
PROJECT NO . RFQ PW 26=02
Emile Schmid , P.E.
City Engineer �
June 15, 2026
Purpose ,o- Call Consultant
• Pre-selected, pre-approved group of consultants
• Provide flexibility to rotate tasks among consultants
• Improve responsiveness in completion of various
citywide engineering service requests & tasks
• Minimize delays with individual contracts
Process to Select On-Call Consultants
• Notice requesting Statements of Qualification ("SOQ" )
• Interested firms prepare and submit a SOQ
• City staff members individually review and rank SC)Qs
• Staff met to discuss, evaluate, & develop shortlist of
recommended consultants
• Selected for a 4-year term & presented for approval
• Professional Service Agreement ( "PSA" )
RFQ PW 26-02 On-Call Consultants
SA1 General Civil SA2 General Survey SA3 Geotechnical
Burgess & Niple Alta Env. & Infra . Ethos Engineering
Entellus, Inc. Colliers Eng. & Design Ninyo & Moore
Kimley-Horn & Assoc. Engineering Alliance Quality Testing
Stantec Entellus, Inc. UES
TY Lin International TYPSA
Wood/Patel & Assoc. Wood/Patel & Assoc.
Staff Request
• City staff respectfully requests mayor & council consider
approving the Professional Services Agreement for
"Engineering On-Call Services Project No . RFQ PW 26-02" for
fiscal years 2027-2030
• Consent Agenda July 7, 2026, Council Meeting
in ? Comments?
uest o s
• 1•. .F•R VL.
City of Apache Junction, Arizona 300 E Superstition
> Apache Junction,Boulevard
85119
_� Agenda Item Cover Sheet p
` Agenda Item No.4.
�Piz oN* File ID: 26-323
Sponsor: Mike Loggins Agenda Date: 6/15/2026
Index: In Control: City Council Work Session
Presentation and discussion on agreement with Petroleum Traders Corporation for the
purchase and delivery of bulk fuel in an amount not to exceed $900,000 for an initial one-year
term with four automatic one-year renewal options.
City of Apache Junction,Arizona Page 1 Printed on 611112026
City of Apache Junction
Home of the Superstition Mountains
DATE: JUNE 15, 2026
TO: MAYOR AND CITY COUNCIL MEMBERS
THROUGH: BRYANT POWELL, CITY MANAGER
FROM: MIKE LOGGINS, PUBLIC WORKS DIRECTOR
SUBJECT: BULK FUEL AGREEMENT
Summary
Before the Council is an agreement between the City of Apache Junction and Petroleum
Traders Corporation for the purchase and delivery of bulk fuel for an initial one-year term
in an amount not to exceed $900,000. The agreement includes four automatic one-year
renewal options.
Background/Discussion
The City purchases bulk fuel for use in its fleet and equipment operations. The current bulk
fuel contract expires on June 30, 2026. To obtain competitive pricing and ensure a
reliable fuel supply, the City issued a Request for Proposals (RFP) for bulk fuel services.
On May 11, 2026, the City received two responses to the RFP. Staff evaluated the
proposals and determined that Petroleum Traders Corporation provided the best overall
value to the City based on pricing and service considerations.
Based on current fuel usage and pricing, the proposed agreement with Petroleum
Traders Corporation is expected to reduce the City's annual bulk fuel costs by
approximately $10,000 compared to the current contract. Funding for fuel purchases is
included in the City's adopted budget and will be paid from the applicable operating
funds.
Recommendation
Staff recommends that the Council approve the agreement authorizing the City to
contract with Petroleum Traders Corporation for the purchase and delivery of bulk fuel in
an amount not to exceed $900,000 for an initial one-year term with four automatic one-
year renewal options.
MATERIALS AND DELIVERY AGREEMENT
BETWEEN CITY OF APACHE JUNCTION
AND PETROLEUM TRADERS CORPORATION FOR THE SUPPLY OF
BULK FUEL.
PROJECT: # PW 26-03
THIS AGREEMENT is made as of the day of 20 (the
"Effective Date")by and between the CITY OF APACHE JUNCTION, an Arizona
municipal corporation ("City"), and PETROLEUM TRADERS CORPORATION, an
Indiana corporation ("Contractor"), sometimes collectively referred to as the
"Parties", or individually as a "Party".
RECITALS
A. City requires certain construction services in connection with the
terms and conditions of the agreement
B. Contractor asserts its willingness, ability and qualifications to
provide the completed products, goods and services (the "Work") called for in
the Bulk Fuel Supply Agreement project# PW 26-03, Contractor's Estimate
dated May 5, 2026 (the "Contract Documents"), or as more fully described in
Exhibit A.
C. For purposes of this Agreement, the "Contract" shall include the
general requirements of both this Agreement and the Contract Documents.
D. City and Contractor desire to set forth their respective
responsibilities and the manner and terms upon which Contractor shall
complete the Work.
E. 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, 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. PROJECT DESCRIPTION: Contractor shall do and perform or cause
to be done and performed in a good workmanlike manner, the Work set forth in
this Section 1 and Exhibit B, in accordance with the Contract Documents.
Contractor shall supervise and direct the delivery of the materials using its best
skill and attention.
2. COMPENSATION AND PAYMENTS: The total amount payable by the
City to the Contractor under this Agreement is an amount not to exceed Nine
Hundred Thousand Dollars and Zero Cents ($900,000) (the "Contract Sum") per
fiscal year and the performance of the Work under the Contract Documents,
except for changes authorized by properly executed change orders. This
Agreement will be operable for its full term at the rates quoted in the initial bid
proposal. Upon delivery of fuel, the City shall have the right to inspect and verify
that the fuel delivered conforms to the requirements of the Contract Documents,
including the specified fuel type, quantity, and quality standards. The city may
reject any delivery that fails to meet the requirements of this Agreement.
Acceptance of a fuel delivery shall occur upon the city's verification that the fuel
has been delivered in accordance with the Contract Documents. Following
acceptance, the Contractor may submit an invoice for the accepted delivery. The
City shall process payment in accordance with the terms of this Agreement and
its standard payment procedures.
Final payment shall not become due until the Contractor submits to the City all
required releases and any other documentation establishing payment or
satisfaction of all Contractor obligations arising from the performance of this
Agreement. If any supplier, subcontractor, or other party refuses to furnish a
release required by the City, the Contractor may furnish a bond or other security
acceptable to the City to indemnify the City against any related claim. If any such
claim remains unsatisfied after all payments are made, the Contractor shall
refund to the City all monies that the City may be compelled to pay in discharging
such claim, including all costs and reasonable attorney fees.
3. TERM: The Term of this Agreement shall commence on July 1, 2026,
and end on June 30, 2031, unless terminated earlier in accordance with the terms
of this agreement. Any extension of the Agreement shall be subject to applicable
law, mutual written agreement of the Parties, and approval by the City. Any
amendment extending the term shall be executed by authorized representatives
of both Parties and shall specify the revised term and any associated
compensation adjustments, if applicable.
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 City will inspect the Work. Contractor agrees that City will have the
2
exclusive right to determine, in its sole discretion, whether the Work has been
performed in accordance with the Contract Documents. Contractor further
agrees to make such corrections to the Work as may be directed by City to
conform to the Contract Documents without requirement of a change order or any
additional charge or cost to City whatsoever. The Work will be of good quality,
free from faults and defects, and in conformance with the Contract Documents.
6. WARRANTY: Contractor shall guarantee the Work against defective
labor, workmanship and/or materials for a period of one (1) year from the date of
its final acceptance by City (the "Warranty Period"), 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 at its sole cost to correct defective
work or materials before final acceptance. If City notifies Contractor of defective
labor, workmanship, or materials during the Warranty Period, Contractor shall
begin correcting the defect 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 warranty 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
Section 6 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 as they become due all license, sales,
consumer, transaction privilege, use and other similar taxes for the Work or
portions of the Work which are legally enacted at the time bids are received
whether or notyet effective or subsequently applicable due to acts of jurisdictions
or bodies other than City.
8. PERMITS AND 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
the 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 understands that the activity
described in the Contract constitutes "doing business in the City of Apache
Junction" and Contractor agrees to obtain a business license pursuant to Chapter
8 of the Apache Junction City Code, Vol. I, and keep such license current until the
3
Work, including any Work during the Warranty Period, is accepted by the City.
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 the subcontractors, and Contractor shall require its
subcontractors obtain and keep all applicable licenses current. 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: City and Contractor agree and
understand that the relationship between the Parties is that of an independent
contractor. As such, Contractor is not entitled to receive any benefits to which
City employees are entitled by virtue of their employment with City. City shall not
be responsible for payment to employees of Contractor for salaries, related taxes
(including, but not limited to, federal social security tax as well as federal and
state unemployment taxes) and all other expenses related to their employment or
contractual relationship with Contractor. 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. CONTRACT ADMINISTRATION AND POINT OF CONTACT:
Contractor shall designate a primary contract representative responsible for
coordination of deliveries, scheduling, invoicing, and resolution of service issues.
Contractor shall provide written notice to the City of any changes to its designated
representative. Communications provided to the designated representative shall
be considered binding upon Contractor.
11. DELIVERY COORDINATION: Contractor shall coordinate fuel
deliveries with the City's designated representative to ensure timely and efficient
delivery. Deliveries shall be made during City-approved delivery hours unless
otherwise agreed in advance by the City. Contractor shall provide reasonable
advance notice of scheduled deliveries and promptly communicate any delays or
interruptions in service.
12. INDEMNIFICATION: To the fullest extent permitted by law, Contractor
shall defend, indemnify and hold harmless City, its elected officials, appointed
officers, special districts, agents, and employees from and against any and all
liability including but not limited to demands, claims, actions, fees, costs and
expenses, including reasonable attorney and expert witness fees, arising from, or
alleged to have arisen from, relating to, arising out of, or alleged to have resulted
from the acts, errors, mistakes, omissions, work or services of Contractor, its
agents, employees, or any tier of Contractor's subcontractors in the performance
of this Agreement, but only to the extent caused by the negligence, recklessness
or intentional wrongful conduct of Contractor or its subcontractors in the
4
performance of the Work under this Agreement or any subcontract. Contractor's
duty to defend, hold harmless and indemnify City, its elected officials, appointed
officers, special districts, 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 any subcontract. The amount
and type of insurance coverage requirements set forth in this Agreement will in
no way be construed as limiting the scope of the indemnity in this Section 12. The
rights and obligations under this Section 12 shall survive the expiration or earlier
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.
15. INSURANCE:
15.1 General Provisions. Contractor, at its own expense, shall purchase
and maintain during the Term the insurance required by this Agreement 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 by this Agreement shall be maintained in full force and
5
effect until the Services are accepted by the City. 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.
The insurance policies required by this Agreement, except Workers'
Compensation, shall name City, its elected officials, agents, officers, and
employees as Additional Insured Parties.
Contractor shall expressly bind any subcontractors, or any other lower tier
subcontractors, used in the performance of any aspect of the Services, to the
insurance requirements in this Agreement, making such obligations applicable to
the other subcontractor to the same extent as it is applicable to Contractor. The
purpose of this provision is to require any lower tier subcontractor, regardless of
level, to provide insurance and indemnity required by this Agreement.
15.2 Commercial General Liability. Contractor shall maintain throughout
the Term 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 policies 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.
6
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 Contractor sublets any part of the Services, Contractor shall purchase and
maintain, at all times during prosecution of the Services an Owner and
Contractor's Protective Liability insurance policy for bodily injury and property
damage, including death, which may arise in the prosecution of the Services.
Coverage shall be on an occurrence basis with a limit of not less than $2,000,000
per occurrence, and the policy shall be issued by the same insurance company
that issues Contractor's Commercial General Liability insurance.
15.3 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 the Services. 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, federal mandatory motor carrier safety ("MCS") 90 endorsement
shall be included and $5,000,000 per accident limits for bodily injury and property
damage shall apply.
15.4 Workers' Compensation. Contractor shall carry Workers'
Compensation insurance to cover obligations imposed by federal and state
statutes having jurisdiction over Contractor's employees engaged in the
performance of the 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 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 Services of this Agreement."
If Contractor has no employees for whom Workers' Compensation insurance is
required by federal or state statutes, 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.
7
15.5 Certificates of Insurance. Prior to commencing the Services,
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. 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 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. 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 Agreement shall be delivered to City Attorney, City of Apache Junction,
300 East Superstition Boulevard, Apache Junction, AZ 85119. The policy or
policies shall be in the usual form of 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 elected officials, officers, agents and employees are added as additional
insured parties under this policy."
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.
Contractor shall require its insurers to provide City thirty (30) calendar days' prior
written notice of any nonrenewal, cancellation, or material change in the
coverage under such policy reducing coverage to below the amounts required by
this Agreement. 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.
16. CHANGE ORDERS: A change order is a written order from City to
Contractor issued after execution of the Contract authorizing a change in the
Work and setting forth the amount of the adjustment, if any, in the Contract Sum
and the extent of the change, if any, in the Progress Schedule. Change Orders do
not invalidate the Contract. Changes in the Work shall be performed under the
applicable provisions of the Contract Documents, and the Contractor shall
proceed promptly, unless otherwise provided in the Change Order. A Change
Order signed by the Contractor indicates the Contractor's agreement therewith,
including the adjustment in the Contract Sum and Progress Schedule or the
8
method for determining them.
17. BINDING EFFECT, SUCCESSORS, ASSIGNMENT AND DELEGATION:
City and Contractor each bind themselves, their partners, successors, assigns
and legal representatives to the other Party 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. Neither Party shall assign
this Agreement or sublet it as a whole or delegate the duties under the
Agreement, without the written consent of the other Party, 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. Notices
shall be delivered to the following:
If to City: City of Apache Junction
Brian Gleave
Public Works Fleet Services Supervisor
300 East Superstition Boulevard
Apache Junction, AZ 85119
If to Contractor: Petroleum Traders Corporation
Joseph Vanderpool, Contract Sales Manager
7120Pointe Inverness Way
Fort Wayne, IN 46804
19. DAMAGES: Contractor shall be responsible for and promptly remedy
any damage or loss of property caused in whole or in part by the Contractor, a
subcontractor, or anyone directly or indirectly employed by Contractor, or by
anyone for whose acts Contractor may be liable and for which Contractor is
responsible under the Contract, except where such damage or loss is directly
attributable to the negligent acts or omissions of City or by anyone for whose acts
City may be liable and not attributable to the fault or negligence of the Contractor.
City shall make claims regarding all damage or loss to Contractor within a
reasonable time after the first observance of such injury or damages.
20. PAYMENT AND 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 under the Contract.
9
21. SAFETY: Contractor shall take, and shall cause its employees,
agents, officers, directors, consultants and subcontractors to take all reasonable
precautions for the safety of, and shall provide all reasonable protection to all
persons and property at the Project site and all persons and property which may
be affected by the performance of the Work.
22. RIGHTS AND REMEDIES: The duties and obligations and the rights
and remedies available under the Contract 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 to any of them under the Contract, nor shall
any action or failure to act constitute an approval of or an acquiescence to any
breaches under the Contract except as may be specifically agreed to by the
Parties 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 and related executive orders, quarantine, restrictions, embargoes,
labor disputes, and unusually severe weather or the delays of subcontractors or
materialmen due to such causes, acts of a public enemy, war, terrorism or act of
terror (including but not limited to bio-terrorism or eco-terrorism), nuclear
radiation, blockade, insurrection, riot, labor strike or interruption, extortion,
sabotage, or similar occurrence or any exercise of the power of eminent domain
of any governmental body on behalf of any public entity, or a declaration of
moratorium or similar hiatus (whether permanent or temporary) by any public
entity directly affecting the obligations under this Agreement. In no event will
Enforced Delay include any delay resulting from unavailability for any reason of
labor shortages, or the unavailability for any reason of particular contractors,
consultants 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 23 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.
10
24. TERMINATION:
A. TERMINATION BY CITY: City may terminate this Agreement in
whole or part if the city manager or his or her designee determines Contractor
has failed to fulfill its obligations under the Contract through no fault of City. Such
termination may be effected by City giving Contractor not less than ten (10)
calendar days written notice by certified mail, return receipt requested of City's
intent to terminate. Contractor shall have ten (10) calendar days to cure the
failure to the satisfaction of City. City may terminate this Agreement or a portion
thereof if conditions encountered during the progress of the Work make it
impossible or impracticable to proceed with the Work. If City terminates this
Agreement for reasons of default by Contractor, the amount of compensation
provided for in this Agreement shall be reduced to reflect the percentage of Work
completed and the Contractor shall not be entitled to payment for anticipated
profits or unperformed services. .
B. TERMINATION BY CONTRACTOR: Contractor may terminate this
Agreement if City fails to make payment as agreed upon in this Agreement. 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 the Contract 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 expiration 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. ENTIRE AGREEMENT: This Agreement and any attachments and the
Contract Documents 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. Written and signed
amendments shall automatically become part of the Contract, 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.
27. 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
11
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.
28. 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.
29. CONFLICT OF INTEREST: The Contract is subject to, and may be
terminated by City in accordance with, the provisions of A.R.S. § 38-511.
30. 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 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 this Agreement.
31. PROHIBITED USE OF FORCED LABOR: In accordance with A.R.S. §
35-394, Contractor hereby certifies and agrees that Contractor does not
currently and shall not for the duration of this Agreement use: (1) the forced labor
of ethnic Uyghurs in the People's Republic of China, (2) any services or goods
produced by the forced labor of ethnic Uyghurs in the People's Republic of China,
and/or (3) any suppliers, contractors or subcontractors that use the forced labor
or any services or goods produced by the forced labor of ethnic Uyghurs in the
People's Republic of China. If Contractor becomes aware during the Term that
Contractor is not in compliance with this Section 32, then Contractor shall notify
the City within five (5) business days after becoming aware of such
noncompliance. If Contractor does not provide the City with written certification
that Contractor has remedied such noncompliance within ninety (90) calendar
days after notifying the City of such noncompliance, this Agreement shall
terminate, except that if the Agreement termination date occurs before the end of
such ninety (90) day remedy period, this Agreement shall terminate automatically.
32. 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
12
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 without
effectuating an official amendment to this Agreement. Email notification of the
modification would be sufficient notice.
33. ORDER OF PRECEDENCE. Should there be any discrepancy or
inconsistency between the terms and conditions of this Agreement and any terms
and conditions in any exhibit to this Agreement, the terms and conditions of this
Agreement shall control and prevail.
[Signatures on following page]
13
IN WITNESS WHEREOF, Contractor and City have executed this Agreement
as of the date first set forth above.
CONTRACTOR:
PETROLEUM TRADERS CORPORATION an
Indiana` /corporation
y
By; oseph Vanderpool
Its: Contract Sales Manager
CITY:
CITY OF APACHE JUNCTION, ARIZONA,
an Arizona municipal corporation
By: Walter"Chip" Wilson
Its: Mayor
ATTEST:
Evie McKinney
City Clerk
APPROVED AS TO FORM:
Richard J. Stern
City Attorney
14
STATE OF Indiana )
ss.
COUNTY OF Allen )
The foregoing was subscribed and sworn to before me this 3rd day
of _June l 2026 t by Joseph Vanderpool as Contract Sales Manager_ of
[Company Name], an AFIzona[corporationllimited liability company].
Petroleum Traders Corporation Indiana Corporation
Notary Public
My Commission Expires: Amanda Perry
413012032
r4Y'A", AMANQA PERRY
0 .
Notary Public,State of Indiana
'SEAL:"" Allen County
3.•• ;Commission Number NP0750199
My Commission Expires
°1A April 30,2032
!!!ll ll lllll\\,
STATE OF ARIZONA )
) ss.
COUNTY OF PINAL )
The foregoing was subscribed and sworn to before me this day
of , 20_, by Walter "Chip" Wilson as Mayor of the City of
Apache Junction, an Arizona municipal corporation.
Notary Public
My Commission Expires:
15
Exhibit A
COST PROPOSAL
PROJECT NO. PW 26-03
FIRM/COMPANY: Petroleum Traders Corporation
CONTACT NAME: Joseph Vanderpoo', Contract Sales Manager
ADDRESS: PO Box 2357, Fort Wayne IN 46801-23._57
TELEPHONE: 88-637-7661 EMAIL:_Iva ndeTgo. 1�1petroleumtraders-com
For purposes of this solicitation, the Bidder shall utilize this Cost Proposal Form and
apply the OPIS daily average for the 7-10 calendar day period immediately preceding
the RFP due date.
The Bidder's signing of this form will attest to the pricing put forth on this form.
The unit price/gallon as illustrated below shall include the OPIS daily average price+/-
discount or mark up (Differential),delivery charge (Freight), taxes, and other charges
with the total differential overall. The unit price/gallon shall be carried to 4 decimal
places as illustrated below.
Cry of Apache Junction Public Wor(s Facility: Delivery Address 575 E Baseline Ave
Delivery accepted Monday through Thursday between the hours of 6:30 am and 4:00 pm
Tank Sizes:
Red Dyed Diesel Tank: 2,000 Gallons
Clear Dyed Diesel Tank: 6,000 Gallons
Unleaded Fuel Tank: 10,000 Gallons
Location Traditional Differential FreightT Taxes Other Total
"Unguarantee Charges Differential
Quantity-
575 E Item 1:+/-3,000
Baseline Ave, gallons of Red OPTS Price
Apache Dyed Diesel used from
Junction,AZ Fuel -0,0859 +0.0722 +0.3753 +0.0100 +0.3716 5/4/26
85119 $4 5133
575 E Item 2:+!-
OPIS Price
15,000 gallons Baseline Ave, used from
Apache of Clear Diesel
Junction,AZ Fuel -0 1009 +0.0722 +0.2753 +0.0100 +0.2566 5/4/26
85119 $4 5364
575 E Item 3:+!- OPTS Pace
Baseline Ave, 20,000 gallons used from
Apache of Unleaded
Junction,AZ Fuel 0 1259_ +0.0674 +0.1949 +0,0100 +0.146_4 5/4/26
81. 511g T $41573
12
Location Guaranteed Differential l Freight Taxes Oth T Total
"Take or Pay' er Charges Differential
_ Quantity
575 E Item 1: 6,000 { PIS Price
Baseline Ave, gallons of Red
Apache Dyed Diesel sed from
Junction,AZ Fuel .085g +0 U722 �+_IM3 +0.0091•QO91 +0.3707 5/4/26_.
85119 5133
575 E Item 2: 40,000 OPIS Price
Baseline Ave, gallons of Clear used from
Apache Diesel Fuel /4/26
Junction,AZ -01009 +0.0722 +0.2753 +0.0091 +0.2557
85119 _ — — $4 5364
575 E Item 3: 80,000
Baseline Ave, gallons of OPIS Price
Apache Unleaded Fuel used from
Junction,AZ -0 1259 +0 0674 +0.1949 +0.0091 +0.1455 /4/26
85119 J$4 1573
Apache Junction Unified School District: Delivery Address 2535 8 Ironwood,Apache
Junction
Delivery accepted Monday through Thursday between the hours of 6:00 am to 4:00 pm
(June to August)
Delivery accepted Monday through Friday between the hours of 5:30 am to 5:30 pm
(August to June)
Tank Sizes:
Unleaded Fuel Tank: 6,000 Gallons
Red Dyed Diesel Tank: 12,000 Gallons
Location Traditional Differential Freight Taxes Other Total
"Unguarantee Charges Differential
d"Quantit
2535 S Item 1: +/-
Ironwood, 6,000 gallons
Apache of Unleaded -0.1159 +0.0674 +0.1949 +0.0100 +0.1564
Junction, AZ Fuel
85119
2535 S Item 2: +1-
Ironwood, 70,000 gallons
Apache of Red Dyed -0.0859 +0.0722 + .1953 +0.0100 +0.1916
Junction, AZ diesel fuel
OPIS Red-Dyed Diesel Price used from 5/4126 OPIS Unleaded Price used from 5/4/26
$4.5133 $4.1573
Location Guaranteed Differential Freight Taxes Other Total
`Take or Charges Differential
Pay„
Quantit
2535 S Item 1:
Ironwood 6,000
13
OPIS
• Price
used
Apache gallons of from
Junction, Unleaded -0.1159 +0.0674 +0.1949 +0.0091 +0.1555 5/4/26
AZ 85119 Fuel $4.5133
2535 S item 2:
Ironwood, 60,000 OPTS
Apache gallons of Price
Junction, Red Dyed -0 0859 +0.0722 +0.1953 + .0091 +0.1907 used
AZ 85119 Diesel Fuel from
5/4/26
$4.1573
Date 5/5/26
Sig ture
Joseph Vanderpool Title Contract Sales Manager
Printed Name
TOTAL BASE LUMP SUM BID $1,3U 175.10
One million three hundred fifty-nine thousand one hundred seventy-five dollars and ten cents
Total Base Lump Sum Bid in Words
Date 515126
Si atu e
Joseph Vanderpool Title Contract Sales Ma_nager
Printed Name
14
Phoenix, AZ OPIS CONTRACT BENCHMARK Daily 05/04/2026
"OPIS Gross CBG Ethanol 10% Prices"
Terms Unl Mid Pre
Sinclair u N-10 4.0722 4.2522 4.4322
Sinclair b 1-10 4 .0735 4.2655 4.4574
Texaco b 1-10 4.1060 4.3110 4.6660
Valero u N-10 4.4045 4.4745 4.7145
Valero b 1-10 4.0836 4.3084 4.5498
Shell b 125-3 4.06' 8 4.3443 4.6278
Chevron b 1-10 4.1060 4.3110 4.6660
Sunoco b 125-3 4.0931 - 4.5731
Marathon u N-10 4.2575 4.4875 4.7175
Marathon b 1-10 4.0631 4.2003 4.4975
Petrocom u Net 3.5266� -- -- --
PBFEnergy u Net -- -- -- 4.5991
PSX b 1-1'] 4.0793 - -- 4.5493
MPC-XOM b 1-10 4.0682 4.2854 4.5025
TartanOil u N-10 4.5774 - -- 4.6994
Contract Low 4.0608 4.2522 4.4322
Contract High 4.5774 4.4875 4.7175
Contract Average 4.1573 4.3320 4.5894
Cont Branded Low 4.0608 4.2655 4.4574
Cant Branded High 4.1060 4.3443 4.6660
Cont Branded Avg 4.0815 4.3008 4.5655
Cant Unbranded Low 4.0722 4.2522 4.4322
Cont Unbranded High 4.5774 4.4875 4.7175
Cant Unbranded Avg 4.3 79 4.4047 4.6323
Phoenix, AZ OPIS CONTRACT BENCHMARK Daily 05/04/2026
•"OPIS Gross No. 2 Distillate Prices"
Terms LS HS ULS
S.R. H. u N-10 -- -- -- 6.91610
Sinclair u 14-10 . - -- 4.3210
Sinclair b 1-10 -- -- -- 4.5708
Texaco b 1-10 -- -- - - 4.5970
Valero u N-10 -- -- -- 4.4546
Valero b 1-10 -- -- 4.6187
Chevron b 1-10 - -- -- 4.5970
BP u N-10 -- -- 4.3375
Sunoco b 125-3 -- -- 4.6085
Marathon u N-10 -- -- -- 4.7325
Marathon b 1-10 -- -- -- -- 4.5934
F1ntHlsRs u N-10 -- -- -- -- 4.298`,
Petrocom u Net -- -- -- 4.9256o
PBFEnergy u Net -- -- 4.7630
PSX b 1-10 -- -- -- -- 4.5189
Tauber u Net -- -- -- -- 4.5664
HTP Enrgy u N-10 -- -- 4.3842
MPC-Shell b 1-10 -- 4.6035
MPC-XOH b 1-10 -- -- -- 4.6136
TartanOil u N-10 -- -- -- 4.4767
Contract Low -- -- 4.2985
Contract High - -- -- -- 4.1630
Contract Average -- -- 4.5964
Cont Branded Low -- -- -- -- 4.5189
Cant Branded High - -- -- -- 4.6187
Cant Branded Avg -- -- 4.5913
Cant Unbranded Law -- -- -- 4.2985
Cant Unbranded High -- -- 4.7630
Cant Unbranded Avg -- -- -- -- 4.4816
Phoenix, A2 OPIS CONTRACT BENCHMARK Daily 05/04/2026
"OPIS Cross No. 2 Red-Dyed Distillate Prices'*
Terms LS ULS
S.R.6 M. u N-10 -- 6.9212o
Sinclair u N-10 -- -- 4.3260
Sinclair b 1-10 -- -- 4.5759
Texaco b 1-10 -- -- 4.6020
Valero u N-10 -- -- 4.4596
Chevron b 1-10 -- -- 4.6020
BP u N-10 -- -- 4.3425
Marathon u N-10 -- -- 4,7375
FlntHlsRs u N-10 -- -- 4.3035
Petrocom u Net -- -- 4.9306o
PBFEnergy u Net -- 4.7680
Tauber u Net -- -- 4.5714
HTP Enrgy u N-10 -- -- 4.3892
TartanOil u N-10 -- -- 4.4817
Contract Low -- -- 4.3035
Contract High -- -- 4.7680
Contract Average -- -- 4.5133
Cont Branded Low -- -- 4.5759
Cont Branded High -- -- 4.6020
Cont Branded Avg -- -- 4.5933
Cont Unbranded Low -- -- 4.3035
Cont Unbranded High -- -- 4.7680
Cont Unbranded Avg -- -- 4.4866
EXHIBIT B
SCOPE OF WORK
1. The prices requested are to reflect full or near full loads only. Annually, the
City uses up to 6,000 gallons of red dyed diesel, 40,000 gallons of clear
diesel, 80,000 gallons of unleaded and 10,000 gallons of E55 fuel. The City
has 2 above ground fuel tanks with 2 compartments in each tank.
2. Fuel delivery shall be F.O.B. City of Apache Junction, Public Works Yard
located at 575 E Baseline Avenue, Apache Junction, Arizona. Delivery shall
occur within 1 calendar day after receipt of a telephonic order.
Approximately every 3 to 4 weeks, the City will order a minimum
truck/trailer load of 8,000 gallons, either single or combination delivery. All
risk of transportation (including environmental spills) and all related
charges shall be the responsibility of the contractor.
3. Delivery will be accepted Monday through Thursday between the hours of
6:30 a.m. and 4:00 p.m.
4. The City is in an air quality non-attainment area. Bidders must submit bids
for oxygenated fuels. There are requirements for both the Methyl Tertiary
Butyl Ether and Ethanol blended fuels. The use of these oxygenated fuels
will change depending on the time of year.
5. All oxygenated or blended fuels shall conform to the American Society for
Testing Materials D4814 standard specifications for the State of Arizona
and meet any Environmental Protection Agency waivers for oxygenated or
9 blended fuels. All diesel fuel shall conform to ASTM D975-81 standard
specifications for No. 2 diesel fuel for the State of Arizona and any ASTM
revisions thereafter. All gasoline fuel shall have a minimum octane of 85.
Diesel fuel shall be ultra-low sulfur.
6. Bidders shall reference the"Phoenix Rack"for purposes of this Agreement.
The chosen Contractor will not be permitted to make a change of "rack"
during the contract period. All prices offered shall include all costs
incurred in delivery to the City's storage tanks. All prices offered shall be
cents to four(4) decimal points and bid as a per unit price. All prices for fuel
shall be based on the oil price information service ("OPIS").
7. All prices to the City shall increase and decrease in direct relation with the
published OPIS average rack price for "Phoenix."
8. The City is not tax exempt; all bids must incorporate and reference all
applicable taxes Into the final bid price.
9. Guaranteed Take or Pay Quantity is the minimum volume of each fuel
category that the City will purchase each year.
10. The City is not responsible for fuel spill cleanups due to the Contractor's
equipment failure or when disconnecting from the fuel tanks. The
Contractor will be responsible for such costs for cleanup and contacting
the appropriate Arizona Department of Environmental Quality personnel to
report the incident.
The Contractor shall have the capability to provide mobile fueling services for
generators, if requested.
EXHIBIT B
SCOPE OF WORK
1. The prices requested are to reflect full or near full loads only. Annually, the
City uses up to 6,000 gallons of red dyed diesel, 40,000 gallons of clear
diesel, 80,000 gallons of unleaded and 10,000 gallons of E55 fuel. The City
has 2 above ground fuel tanks with 2 compartments in each tank.
2. Fuel delivery shall be F.O.B. City of Apache Junction, Public Works Yard
located at 575 E Baseline Avenue, Apache Junction, Arizona. Delivery shall
occur within 1 calendar day after receipt of a telephonic order.
Approximately every 3 to 4 weeks, the City will order a minimum
truck/trailer load of 8,000 gallons, either single or combination delivery. All
risk of transportation (including environmental spills) and all related
charges shall be the responsibility of the contractor.
3. Delivery will be accepted Monday through Thursday between the hours of
6:30 a.m. and 4:00 p.m.
4. The City is in an air quality non-attainment area. Bidders must submit bids
for oxygenated fuels. There are requirements for both the Methyl Tertiary
Butyl Ether and Ethanol blended fuels. The use of these oxygenated fuels
will change depending on the time of year.
5. All oxygenated or blended fuels shall conform to the American Society for
Testing Materials D4814 standard specifications for the State of Arizona
and meet any Environmental Protection Agency waivers for oxygenated or
9 blended fuels. All diesel fuel shall conform to ASTM D975-81 standard
specifications for No. 2 diesel fuel for the State of Arizona and any ASTM
revisions thereafter. All gasoline fuel shall have a minimum octane of 85.
Diesel fuel shall be ultra-low sulfur.
6. Bidders shall reference the"Phoenix Rack"for purposes of this Agreement.
The chosen Contractor will not be permitted to make a change of "rack"
during the contract period. All prices offered shall include all costs
incurred in delivery to the City's storage tanks. All prices offered shall be
cents to four (4) decimal points and bid as a per unit price. All prices for fuel
shall be based on the oil price information service ("OPIS").
7. All prices to the City shall increase and decrease in direct relation with the
published OPIS average rack price for "Phoenix."
8. The City is not tax exempt; all bids must incorporate and reference all
applicable taxes into the final bid price.
9. Guaranteed Take or Pay Quantity is the minimum volume of each fuel
category that the City will purchase each year.
10. The City is not responsible for fuel spill cleanups due to the Contractor's
equipment failure or when disconnecting from the fuel tanks. The
Contractor will be responsible for such costs for cleanup and contacting
the appropriate Arizona Department of Environmental Quality personnel to
report the incident.
The Contractor shall have the capability to provide mobile fueling services for
generators, if requested.
i1 i
BACKGROUND
• City current bulk fuel agreement ends June 30 ,
2026
• May 11 , 2026 : City received two responses to
the Request for Proposals ( RFP ) for Bulk Fuel .
• • • • fie
Red Dyed 9,000 4.5133 r 0.3710 43,958.70 0.2134 42,540.30
Diesel
Clear Diesel 551000 4.5364 0.2559 263,579.00 0.3347 267,908.50
Unleaded 1001000 4. 1573 0. 1457 430,298.00 0.2250 438,230.00
Total Cost $737#835.70 $748.#678.80
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Financial Impact
• Entering into an agreement with Petroleum Traders
Corporation is expected to save the City approximately
$ 10 , 000 annually in bulk fuel costs compared to current
pricing .
Conclusion
• Staff recommends entering into an agreement with
Petroleum Traders Corporation for the purchase of bulk fuel
in an amount not to exceed $ 900 , 000 for an initial one-year
term , with four automatic one-year renewal options .
Question
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